IN
Indiana House Bill HB1265

Indiana 2024 Regular Session

Indiana House Bill HB1265 Compare Versions

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1+*EH1265.2*
2+Reprinted
3+February 28, 2024
4+ENGROSSED
5+HOUSE BILL No. 1265
6+_____
7+DIGEST OF HB 1265 (Updated February 27, 2024 4:25 pm - DI 149)
8+Citations Affected: IC 3-5; IC 3-6; IC 3-7; IC 3-10; IC 3-11;
9+IC 3-11.5; IC 3-13; IC 3-14; IC 9-14; noncode.
10+Synopsis: Various elections matters. Defines "candidate" for the
11+purpose of IC 3-13-11 (caucus procedure for filling vacancies in certain
12+local offices held by major parties). Modifies the definition of "chute".
13+(Continued next page)
14+Effective: Upon passage; July 1, 2024.
15+Wesco
16+(SENATE SPONSORS — GASKILL, ROGERS)
17+January 9, 2024, read first time and referred to Committee on Elections and
18+Apportionment.
19+January 25, 2024, amended, reported — Do Pass.
20+January 29, 2024, read second time, ordered engrossed.
21+January 30, 2024, engrossed. Read third time, passed. Yeas 94, nays 0.
22+SENATE ACTION
23+February 5, 2024, read first time and referred to Committee on Elections.
24+February 20, 2024, amended, reported favorably — Do Pass.
25+February 27, 2024, read second time, amended, ordered engrossed.
26+EH 1265—LS 6928/DI 144 Digest Continued
27+Defines "scantron" and provides that a scantron complies with certain
28+absentee ballot endorsement requirements if it is endorsed with the
29+initials of certain individuals. Allows a circuit court clerk, voter
30+registration official, or county election board to make certain filings by
31+fax or electronic mail. Requires the county election board of a county
32+that is not designated as a vote center county to establish a plan that
33+specifies the method and timing of providing absentee reports to
34+persons who are entitled to receive the reports. Specifies that a
35+nondiscriminatory uniform policy concerning certain voter registration
36+information must apply to all records maintained in the computerized
37+list, including election administration records and absentee activity
38+reports. Requires the NVRA official to conduct, at least once each
39+calendar year, a review and identification of particular voter
40+registration records. Specifies that a provision concerning the delivery,
41+retention, confidentiality, and disposal of election materials does not
42+prohibit county election officials from performing a duty under statutes
43+concerning provisional voting. Exempts a political party office on a
44+primary ballot from the ballot arrangement requirement that all
45+candidates for the same office appear on the same page or screen.
46+Permits certain persons credentialed by the Indiana protection and
47+advocacy services commission to be in the polls during an election.
48+Allows a county election board that adopted a resolution for a primary
49+election allowing absentee voting at satellite offices to amend the
50+resolution, by unanimous vote, to modify, for the subsequent general
51+or municipal election, the locations and hours of the satellite offices.
52+Requires each member of an absentee voter board to sign and print the
53+member's name on a voter's affidavit after the voter has signed and
54+dated the affidavit. Allows a vote center plan amendment to be filed
55+with the election division by fax or electronic mail. Modifies provisions
56+applicable to the notice that must be sent to a voter when a signature
57+mismatch has occurred. Allows a voter to deliver a signature
58+verification affidavit signed by the voter to an absentee voter board at
59+a circuit court clerk's office or satellite location during the period of
60+early voting. Provides that the county election board or board of
61+elections and registration shall not reject an absentee ballot with a
62+missing security envelope signature in certain circumstances if the
63+voter delivers an affidavit of unsigned ballot that is signed by the voter
64+to an absentee voter board at a circuit court clerk's office or satellite
65+location during the period of early voting. Specifies certain
66+employment provisions that apply when a county election board
67+appoints a member of an absentee voter board, absentee ballot counter
68+team, or courier team. Specifies the deadline that applies to fill certain
69+candidate vacancies when the vacancy is due to the successful
70+challenge of a candidate in a judicial proceeding. Prohibits the
71+appointment of a particular person to fill a vacancy by a political party
72+that differs from the party with which the person affiliated when the
73+person was defeated in a primary election or a town or state
74+convention. Specifies the circumstances that create a late candidate
75+vacancy. Extends certain early candidate vacancy provisions to apply
76+to late candidate vacancies. Requires that action to fill a late candidate
77+vacancy be taken not later than 6 a.m. on election day. Modifies a
78+provision concerning the delivery and retention of affidavits. Permits
79+the bureau of motor vehicles to disclose certain identifying information
80+for voter registration and election purposes under certain laws.
81+Prescribes the ballot language for the proposed constitutional
82+amendment that would remove the state superintendent of public
83+instruction from the line of succession to the governor. Makes
84+conforming amendments.
85+EH 1265—LS 6928/DI 144EH 1265—LS 6928/DI 144 Reprinted
86+February 28, 2024
187 Second Regular Session of the 123rd General Assembly (2024)
288 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
389 Constitution) is being amended, the text of the existing provision will appear in this style type,
490 additions will appear in this style type, and deletions will appear in this style type.
591 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
692 provision adopted), the text of the new provision will appear in this style type. Also, the
793 word NEW will appear in that style type in the introductory clause of each SECTION that adds
894 a new provision to the Indiana Code or the Indiana Constitution.
995 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1096 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1265
12-AN ACT to amend the Indiana Code concerning elections.
97+ENGROSSED
98+HOUSE BILL No. 1265
99+A BILL FOR AN ACT to amend the Indiana Code concerning
100+elections.
13101 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 3-5-2-6 IS AMENDED TO READ AS FOLLOWS
15-[EFFECTIVE UPON PASSAGE]: Sec. 6. (a) Except as provided in
16-subsection subsections (b) and (c), "candidate" means a person an
17-individual who:
18-(1) has taken the action necessary to qualify under Indiana law for
19-listing on the ballot at an election or to become a write-in
20-candidate;
21-(2) has publicly announced or declared candidacy for an elected
22-office; or
23-(3) otherwise seeks nomination for or election to an elected office,
24-regardless of whether the individual wins election to the office.
25-(b) As used in IC 3-9, an individual becomes a "candidate" when the
26-individual, the candidate's committee, or a person acting with the
27-consent of the individual:
28-(1) receives more than one hundred dollars ($100) in
29-contributions; or
30-(2) makes more than one hundred dollars ($100) in expenditures.
31-(c) As used in IC 3-13-1 and IC 3-13-2, "candidate" includes an
32-individual filling a general or municipal election ballot vacancy
33-under IC 3-13-1 or IC 3-13-2 when a county or town election
34-HEA 1265 — CC 1 2
35-board, the Indiana election commission, or a court has determined
36-that the required action of:
37-(1) the individual; or
38-(2) another person under IC 3-13-1 or IC 3-13-2;
39-is void or invalid.
40-SECTION 2. IC 3-5-2-10 IS AMENDED TO READ AS FOLLOWS
41-[EFFECTIVE JULY 1, 2024]: Sec. 10. "Chute" means the area or
42-pathway that extends fifty (50) feet in length, radius, measured from
43-the entrance to:
102+1 SECTION 1. IC 3-5-2-6 IS AMENDED TO READ AS FOLLOWS
103+2 [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) Except as provided in
104+3 subsection subsections (b) and (c), "candidate" means a person an
105+4 individual who:
106+5 (1) has taken the action necessary to qualify under Indiana law for
107+6 listing on the ballot at an election or to become a write-in
108+7 candidate;
109+8 (2) has publicly announced or declared candidacy for an elected
110+9 office; or
111+10 (3) otherwise seeks nomination for or election to an elected office,
112+11 regardless of whether the individual wins election to the office.
113+12 (b) As used in IC 3-9, an individual becomes a "candidate" when the
114+13 individual, the candidate's committee, or a person acting with the
115+14 consent of the individual:
116+15 (1) receives more than one hundred dollars ($100) in
117+EH 1265—LS 6928/DI 144 2
118+1 contributions; or
119+2 (2) makes more than one hundred dollars ($100) in expenditures.
120+3 (c) As used in IC 3-13-11, "candidate" refers to an individual
121+4 filling a general or municipal election ballot vacancy under
122+5 IC 3-13-11 whose required action of:
123+6 (1) the individual; or
124+7 (2) another person under IC 3-13-11;
125+8 for the individual to be listed on the ballot at the election has been
126+9 determined by a county or town election board, the Indiana
127+10 election commission, or a court to be void or invalid.
128+11 SECTION 2. IC 3-5-2-10 IS AMENDED TO READ AS FOLLOWS
129+12 [EFFECTIVE JULY 1, 2024]: Sec. 10. "Chute" means the area or
130+13 pathway that extends fifty (50) feet in length, radius, measured from
131+14 the entrance to:
132+15 (1) the polls; or
133+16 (2) for purposes of early voting:
134+17 (A) the office of the circuit court clerk; or
135+18 (B) a satellite office of the circuit court clerk established
136+19 under IC 3-11-10-26.3.
137+20 If the property line of the polling place or an office described in
138+21 subdivision (2) is less than fifty (50) feet from the door or entrance to
139+22 the polling place or office, the chute is measured from the exterior door
140+23 or entrance to the polling place or office to one-half (1/2) the distance
141+24 to the property line of the polling place or office nearest to the entrance
142+25 to the polls. Whenever there are two (2) or more doors or entrances to
143+26 the polls, the inspector of the precinct shall designate one (1) door or
144+27 entrance as the door for voters to enter for the purpose of voting.
145+28 SECTION 3. IC 3-5-2-43.5 IS ADDED TO THE INDIANA CODE
146+29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
147+30 UPON PASSAGE]: Sec. 43.5. "Scantron" means an optical scan
148+31 ballot that consists of an optical scan card that contains:
149+32 (1) the names of; or
150+33 (2) coding that indicates the names of;
151+34 political parties and candidates selected by the voter.
152+35 SECTION 4. IC 3-5-4-1.7, AS AMENDED BY P.L.227-2023,
153+36 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
154+37 JULY 1, 2024]: Sec. 1.7. (a) Except as otherwise expressly authorized
155+38 or required under this title, a filing by a person with a commission, the
156+39 election division, an election board, or a county voter registration office
157+40 may not be made by fax or electronic mail.
158+41 (b) This subsection does not apply to a petition of nomination
159+42 described in IC 3-8-2, IC 3-8-3, or IC 3-8-6 that may be forwarded
160+EH 1265—LS 6928/DI 144 3
161+1 by a county voter registration official to the election division.
162+2 Notwithstanding subsection (a) and except as provided in
163+3 IC 3-12-5, a:
164+4 (1) circuit court clerk;
165+5 (2) voter registration official; or
166+6 (3) county election board;
167+7 may make a filing by fax or electronic mail, if the filing is required
168+8 under this title to be made with the commission or election division.
169+9 (b) (c) A petition of nomination filed with a county voter
170+10 registration office under IC 3-8-2, IC 3-8-2.5, IC 3-8-3, or IC 3-8-6 or
171+11 a petition to place a public question on the ballot, or any other petition
172+12 filed that requires the county voter registration office to certify the
173+13 validity of signatures, may not contain the electronic signature,
174+14 including a signature described in IC 26-2-8-106, digital signature,
175+15 digitized signature, or photocopied signature of a voter.
176+16 (c) (d) An electronic signature, digital signature, digitized signature,
177+17 or photocopied signature of a candidate, campaign finance committee
178+18 chairman, or campaign finance committee treasurer may be used for
179+19 campaign finance statements and reports filed under IC 3-9.
180+20 SECTION 5. IC 3-6-5-17.3 IS ADDED TO THE INDIANA CODE
181+21 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
182+22 1, 2024]: Sec. 17.3. The county election board of a county that is not
183+23 designated as a vote center county under IC 3-11-18.1 must
184+24 establish a plan that specifies the method and timing of providing
185+25 absentee reports to persons who are entitled to receive the reports
186+26 under this title. Absentee reports must be provided to all persons
187+27 entitled to the reports without unreasonable delay.
188+28 SECTION 6. IC 3-7-27-6, AS AMENDED BY P.L.128-2015,
189+29 SECTION 106, IS AMENDED TO READ AS FOLLOWS
190+30 [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) As required under 52
191+31 U.S.C. 20507(i), a county voter registration office shall retain records
192+32 concerning the implementation of programs and activities conducted
193+33 for the purpose of ensuring the accuracy and currency of the voter
194+34 registration list. These records include the following:
195+35 (1) Lists of names and addresses of voters who were sent notices
196+36 under the voter list maintenance program.
197+37 (2) Information concerning whether a voter has responded to a
198+38 notice described by subdivision (1) as of the date the inspection
199+39 of the record is made.
200+40 (b) The county voter registration office shall retain the records
201+41 described by this section for at least two (2) years. Except for records
202+42 concerning declinations to register to vote or that indicate the identity
203+EH 1265—LS 6928/DI 144 4
204+1 of a voter registration agency where a person registered, the county
205+2 voter registration office shall make the records available for public
206+3 inspection and photocopying at a reasonable cost as provided in
207+4 IC 5-14-3.
208+5 (c) In accordance with IC 5-14-3-3(h) and notwithstanding any other
209+6 statute, a county voter registration office shall, with regard to voter
210+7 registration information concerning voters of the county on a
211+8 computerized system, act in accordance with a nondiscriminatory
212+9 uniform policy adopted by the county election board. The policy must:
213+10 (1) apply to all records maintained in the computerized list,
214+11 including election administration records and absentee
215+12 activity reports; and
216+13 (2) either:
217+14 (A) permit a person to duplicate or obtain a duplicate copy of
218+15 a computer disc or other similar record system that contains
219+16 this voter registration information; or
220+17 (B) not permit the person to duplicate or obtain a duplicate
221+18 copy of the information.
222+19 Notwithstanding IC 5-14-3-8, the county election board may adopt a
223+20 nondiscriminatory uniform fee for the production of this electronic
224+21 record.
225+22 (d) A person who requests computerized voter registration
226+23 information under subsection (c) must provide a written statement that
227+24 the person will not:
228+25 (1) use the information to solicit merchandise, goods, services, or
229+26 subscriptions; or
230+27 (2) sell, loan, give away, or otherwise deliver the information
231+28 obtained by the request to any other person;
232+29 for a purpose other than political activities or political fundraising
233+30 activities.
234+31 (e) Publication of information obtained under subsection (d) in a
235+32 news broadcast or newspaper is not prohibited.
236+33 SECTION 7. IC 3-7-38.2-4, AS AMENDED BY P.L.71-2019,
237+34 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
238+35 JULY 1, 2024]: Sec. 4. (a) As provided under 52 U.S.C.
239+36 20507(c)(2)(B)(ii), this chapter does not prevent the correction of voter
240+37 registration records under this article.
241+38 (b) This subsection applies to a voter registration record The NVRA
242+39 official shall, at least once each calendar year, review and identify
243+40 voter registration records that does do not contain a date of birth or
244+41 contains contain a date of birth that is at least one hundred fifteen
245+42 (115) years or more before the date of the request. review.
246+EH 1265—LS 6928/DI 144 5
247+1 (c) The election division shall request that the bureau of motor
248+2 vehicles provide the election division with any information kept by the
249+3 bureau of motor vehicles that sets forth the date of birth of the a voter
250+4 identified by the NVRA official. If the election division receives date
251+5 of birth information under this subsection, the election division shall
252+6 forward the information to the appropriate county voter registration
253+7 office.
254+8 (d) The NVRA official shall send to the voter registration offices
255+9 the names of voters associated with a voter registration record
256+10 identified under subsection (b).
257+11 (e) The county voter registration office shall:
258+12 (1) determine if the information applies to the voter registration
259+13 record that does not contain a date of birth or contains a date of
260+14 birth that is at least one hundred fifteen (115) years or more
261+15 before the date of the request; and
262+16 (2) if the information applies, amend the voter registration record
263+17 to contain the correct date of birth and document the source of the
264+18 information in the computerized list.
265+19 SECTION 8. IC 3-10-1-31.1, AS AMENDED BY P.L.131-2022,
266+20 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
267+21 JULY 1, 2024]: Sec. 31.1. (a) The inspector of each precinct shall
268+22 deliver the bags required by section 30(a) and 30(c) of this chapter in
269+23 good condition, together with poll lists, tally sheets, and other forms,
270+24 to the circuit court clerk when making returns.
271+25 (b) Except for unused ballots disposed of under IC 3-11-3-31 or the
272+26 copies of the affidavits received by the county election board under
273+27 IC 3-14-5-2 for delivery to the foreman of a grand jury, prosecuting
274+28 attorney, the circuit court clerk shall seal the ballots (including
275+29 provisional ballots) and other material (including election material
276+30 related to provisional ballots) during the time allowed to file a verified
277+31 petition or cross-petition for a recount of votes or to contest the
278+32 election. Except as provided in subsection (c) and notwithstanding any
279+33 other provision of state law, after the recount or contest filing period,
280+34 the election material, including election material related to provisional
281+35 ballots (except for ballots and provisional ballots, which remain
282+36 confidential) shall be made available for copying and inspection under
283+37 IC 5-14-3. The circuit court clerk shall carefully preserve the sealed
284+38 ballots and other material for twenty-two (22) months, as required by
285+39 52 U.S.C. 20701, after which the sealed ballots and other material are
286+40 subject to IC 5-15-6 unless an order issued under:
287+41 (1) IC 3-12-6-19 or IC 3-12-11-16; or
288+42 (2) 52 U.S.C. 10301;
289+EH 1265—LS 6928/DI 144 6
290+1 requires the continued preservation of the ballots or other material.
291+2 (c) If a petition for a recount or contest is filed, the material for that
292+3 election remains confidential until completion of the recount or contest.
293+4 (d) Upon delivery of the poll lists, the county voter registration
294+5 office shall unseal the envelopes containing the poll lists, inspect the
295+6 poll lists, and update the registration records of the county. The county
296+7 voter registration office shall use the poll lists and information on
297+8 affidavits executed under IC 3-10-10, IC 3-10-11, or IC 3-10-12 to
298+9 update the registration record to include the voter's voter identification
299+10 number if the voter's voter identification number is not already
300+11 included in the registration record. Upon completion of the inspection,
301+12 the poll list and affidavits shall be preserved with the ballots and other
302+13 materials in the manner prescribed by subsection (b) for the period
303+14 prescribed by subsections (b) and (c).
304+15 (e) In addition to the poll lists described in subsection (d), the
305+16 county voter registration office shall use the affidavits described by
306+17 IC 3-10-10-7, IC 3-10-11-4, and IC 3-10-12-3.4 to update the
307+18 registration records of the county as soon as the affidavits are delivered
308+19 to the county voter registration office.
309+20 (f) The county voter registration office shall retain a voter's paper
310+21 registration records associated with the address at which the voter is
311+22 registered to vote until all of the following are satisfied:
312+23 (1) The voter's registration at the address stated in the voter's
313+24 registration application has been canceled.
314+25 (2) The general election immediately following the cancellation
315+26 of the voter's registration under subdivision (1) has occurred.
316+27 (3) Twenty-four (24) months have elapsed following the general
317+28 election described in subdivision (2).
318+29 (g) This subsection does not apply to ballots, including provisional
319+30 ballots. Notwithstanding subsection (b), if a county voter registration
320+31 office determines that the inspection and copying of precinct election
321+32 material would reveal the political parties, candidates, and public
322+33 questions for which an individual cast an absentee ballot, the county
323+34 voter registration office shall keep confidential only that part of the
324+35 election material necessary to protect the secrecy of the voter's ballot.
325+36 In addition, the county voter registration office shall keep confidential
326+37 information contained in material related to provisional ballots that
327+38 identifies an individual, except for the individual's name, address, and
328+39 birth date.
329+40 (h) After the expiration of the period described in subsection (b) or
330+41 (c), the ballots may be destroyed in the manner provided by
331+42 IC 3-11-3-31 or transferred to a state educational institution as
332+EH 1265—LS 6928/DI 144 7
333+1 provided by IC 3-12-2-12.
334+2 (i) This subsection applies to a detachable recording unit or
335+3 compartment used to record a ballot cast on a direct record electronic
336+4 voting system. After the time allowed to file a verified petition or
337+5 cross-petition for a recount of votes or to contest the election, the
338+6 circuit court clerk shall transfer the data contained in the unit or
339+7 compartment to a disc or other recording medium. After transferring
340+8 the data, the clerk may clear or erase the unit or compartment. The
341+9 circuit court clerk shall carefully preserve the disc or medium used to
342+10 record the data for twenty-two (22) months, as required by 52 U.S.C.
343+11 20701, after which time the disc or medium may be erased or
344+12 destroyed, subject to IC 5-15-6, unless an order requiring the continued
345+13 preservation of the disc or medium is issued under the following:
346+14 (1) IC 3-12-6-19.
347+15 (2) IC 3-12-11-16.
348+16 (3) 52 U.S.C. 10301.
349+17 (j) This subsection applies to a county using an electronic poll book.
350+18 After each election, the county shall save all data recorded on the
351+19 electronic poll book and any information stored on the dedicated,
352+20 private server required under IC 3-11-8-10.3(b)(4). The circuit court
353+21 clerk shall carefully preserve the disc or medium used to record the
354+22 data for twenty-two (22) months, as required by 52 U.S.C. 20701, after
355+23 which time the data may be erased or destroyed, subject to IC 5-15-6,
356+24 unless an order requiring the continued preservation of the data is
357+25 issued under the following:
358+26 (1) IC 3-12-6-19.
359+27 (2) IC 3-12-11-16.
360+28 (3) 52 U.S.C. 10301.
361+29 (k) This section does not prohibit county election officials from
362+30 performing post-election audits, as authorized by statute.
363+31 (l) This section does not prohibit county election officials from
364+32 performing a duty under IC 3-11.7.
365+33 SECTION 9. IC 3-11-2-12.3, AS ADDED BY P.L.227-2023,
366+34 SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
367+35 UPON PASSAGE]: Sec. 12.3. (a) This section does not apply to a
368+36 political party office printed on a primary ballot.
369+37 (b) A ballot must be arranged so that all candidates for the same
370+38 office appear on the same page or screen of the ballot.
371+39 SECTION 10. IC 3-11-4-3, AS AMENDED BY P.L.170-2023,
372+40 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
373+41 UPON PASSAGE]: Sec. 3. (a) For purposes of this section, "clerk"
374+42 means:
375+EH 1265—LS 6928/DI 144 8
376+1 (1) the circuit court clerk; or
377+2 (2) in a county subject to IC 3-6-5.2 or IC 3-6-5.6, the director
378+3 of the board of elections and registration.
379+4 (a) (b) Except as provided in subsection (c) (e) and section 6 of this
380+5 chapter, an absentee ballot application for an absentee ballot must be
381+6 received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
382+7 or IC 3-6-5.6, the director of the board of elections and registration) not
383+8 earlier than the date the registration period resumes under
384+9 IC 3-7-13-10. nor later than
385+10 (c) An absentee ballot application must be received by the clerk
386+11 not later than the following:
387+12 (1) Noon on election day if the voter registers to vote under
388+13 IC 3-7-36-14.
389+14 (2) Noon on the day before election day if the voter:
390+15 (A) completes the application in the office of the circuit court
391+16 clerk under IC 3-11-10-26; or
392+17 (B) is an absent uniformed services voter or overseas voter
393+18 who requests that the ballot be transmitted by electronic mail
394+19 or fax under section 6(h) of this chapter.
395+20 (3) Noon on the day before election day if:
396+21 (A) the application is mailed, transmitted by electronic mail or
397+22 fax, or hand delivered from a confined voter or voter caring for
398+23 a confined person; and
399+24 (B) the applicant requests that the absentee ballots be
400+25 delivered to the applicant by an absentee voter board under
401+26 IC 3-11-10-25.
402+27 (4) 11:59 p.m. twelve (12) days before election day if the
403+28 application is:
404+29 (A) a mailed application;
405+30 (B) transmitted by electronic mail;
406+31 (C) transmitted by fax; or
407+32 (D) hand delivered;
408+33 from other voters who request to vote by mail under
409+34 IC 3-11-10-24 or for a voter with print disabilities to vote by
410+35 electronic mail or fax under section 6(h) of this chapter.
411+36 (b) (d) An application for an absentee ballot received by the election
412+37 division by the time and date specified by subsection (a)(2)(B), (a)(3),
413+38 (c)(2)(B), (c)(3), or (a)(4) (c)(4) is considered to have been timely
414+39 received for purposes of processing by the county. The election
415+40 division shall immediately transmit the application to the circuit court
416+41 clerk or the director of the board of elections and registration, of the
417+42 county where the applicant resides. The election division is not
418+EH 1265—LS 6928/DI 144 9
419+1 required to complete or file the affidavit required under section 2(m)
420+2 of this chapter whenever the election division transmits an application
421+3 under this subsection.
422+4 (c) (e) If the circuit court clerk receives an absentee ballot
423+5 application for a voter that is not registered to vote in the county where
424+6 the clerk serves, the clerk shall forward the application, on an
425+7 expedited basis, to the circuit court clerk of the county where the voter
426+8 is registered to vote. The circuit court clerk that receives the
427+9 application on an expedited basis shall consider the application as filed
428+10 on the date and time it was filed with the clerk that forwarded the
429+11 application.
430+12 (d) (f) An application for an absentee ballot for the election may not
431+13 be received by the circuit court clerk (or, in a county subject to
432+14 IC 3-6-5.2 or IC 3-6-5.6, the director of the board of elections and
433+15 registration) earlier than before December 1 of the year before the
434+16 election.
435+17 SECTION 11. IC 3-11-4-6, AS AMENDED BY P.L.227-2023,
436+18 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
437+19 UPON PASSAGE]: Sec. 6. (a) This section applies, notwithstanding
438+20 any other provision of this title, to absentee ballot applications for the
439+21 following:
440+22 (1) An absent uniformed services voter.
441+23 (2) An address confidentiality program participant (as defined in
442+24 IC 5-26.5-1-6).
443+25 (3) An overseas voter.
444+26 (4) A voter with print disabilities.
445+27 (b) A county election board shall make blank absentee ballot
446+28 applications available for persons covered by this section. Except as
447+29 provided in section 3(d) 3(f) of this chapter, a person may apply for an
448+30 absentee ballot at any time after the registration period resumes under
449+31 IC 3-7-13-10.
450+32 (c) A person covered by this section may apply for an absentee
451+33 ballot for the next scheduled primary, general, or special election by
452+34 filing either of the following:
453+35 (1) A combined absentee registration form and absentee ballot
454+36 request approved under 52 U.S.C. 20301(b)(2).
455+37 (2) A form prescribed under IC 3-5-4-8 that identifies the
456+38 applicant as an absent uniformed services voter, an overseas
457+39 voter, or a voter with print disabilities. A form prescribed under
458+40 this subdivision must permit the applicant to designate whether
459+41 the applicant wishes to receive the absentee ballot by electronic
460+42 mail, fax, or United States mail.
461+EH 1265—LS 6928/DI 144 10
462+1 (d) If the county election board receives an absentee ballot
463+2 application from a person described by subsection (c), the circuit court
464+3 clerk shall mail to the person, free of postage as provided by 39 U.S.C.
465+4 3406, all ballots for the election immediately upon receipt of the ballots
466+5 under section 15 of this chapter, unless the person has indicated under
467+6 subsection (c) that the person wishes to receive the absentee ballot by
468+7 electronic mail or fax.
469+8 (e) Whenever a voter files an application for an absentee ballot and
470+9 indicates on the application that the voter is an absent uniformed
471+10 services voter, an overseas voter, or a voter with print disabilities, the
472+11 application is an adequate application for an absentee ballot for an
473+12 election conducted during the period that ends on December 31
474+13 following the date the application is filed, unless an absentee ballot
475+14 mailed to the voter at the address set forth in the application is returned
476+15 to the county election board during that period as undeliverable. The
477+16 circuit court clerk and county election board shall process this
478+17 application and send general election absentee ballots to the voter in
479+18 the same manner as other general election and special election absentee
480+19 ballot applications and ballots are processed and sent under this
481+20 chapter. If a voter entitled to receive an absentee ballot under this
482+21 subsection subsequently files a voter registration application for a
483+22 change of address within the same county or for a change of name or
484+23 other information set forth in the voter's registration record, the
485+24 previously approved absentee ballot application remains effective for
486+25 the same period, unless the acknowledgment notice sent to the voter at
487+26 that address is returned by the United States Postal Service due to an
488+27 unknown or insufficient address in accordance with IC 3-7-33-5. If a
489+28 voter entitled to receive an absentee ballot under this subsection
490+29 subsequently files a voter registration application for an address that is
491+30 not located in the same county, the voter must file a new absentee
492+31 ballot application under this section with the appropriate county
493+32 election board.
494+33 (f) Whenever a voter described in subsection (a)(2) files an
495+34 application for a primary election absentee ballot and indicates on the
496+35 application that the voter is an address confidentiality program
497+36 participant, the application is an adequate application for a general
498+37 election absentee ballot under this chapter and an absentee ballot for a
499+38 special election conducted during the period that ends on December 31
500+39 following the date the application is filed. The circuit court clerk and
501+40 county election board shall process this application and send general
502+41 election and special election absentee ballots to the voter in the same
503+42 manner as other general election and special election absentee ballot
504+EH 1265—LS 6928/DI 144 11
505+1 applications and ballots are processed and sent under this chapter.
506+2 (g) The name, address, telephone number, and any other identifying
507+3 information relating to a program participant (as defined in
508+4 IC 5-26.5-1-6) in the address confidentiality program, as contained in
509+5 a voting registration record, is declared confidential for purposes of
510+6 IC 5-14-3-4(a)(1). The county voter registration office may not disclose
511+7 for public inspection or copying a name, an address, a telephone
512+8 number, or any other information described in this subsection, as
513+9 contained in a voting registration record, except as follows:
514+10 (1) To a law enforcement agency, upon request.
515+11 (2) As directed by a court order.
516+12 (h) The county election board shall by fax or electronic mail
517+13 transmit an absentee ballot to and receive an absentee ballot from an
518+14 absent uniformed services voter, an overseas voter, or a voter with print
519+15 disabilities by electronic mail or fax at the request of the voter
520+16 indicated in the application filed under this section. If the voter wants
521+17 to submit absentee ballots by fax or electronic mail, the voter must
522+18 separately sign and date a statement submitted with the electronic mail
523+19 or the fax transmission that states substantively the following: "I
524+20 understand that by faxing or e-mailing my voted ballot I am voluntarily
525+21 waiving my right to a secret ballot.".
526+22 (i) The county election board shall send confirmation to a voter
527+23 described in subsection (h) that the voter's absentee ballot has been
528+24 received as follows:
529+25 (1) If the voter provides a fax number to which a confirmation
530+26 may be sent, the county election board shall send the confirmation
531+27 to the voter at the fax number provided by the voter.
532+28 (2) If the voter provides an electronic mail address to which a
533+29 confirmation may be sent, the county election board shall send the
534+30 confirmation to the voter at the electronic mail address provided
535+31 by the voter.
536+32 (3) If:
537+33 (A) the voter does not provide a fax number or an electronic
538+34 mail address; or
539+35 (B) the number or address provided does not permit the board
540+36 to send the confirmation not later than the end of the first
541+37 business day after the board receives the voter's absentee
542+38 ballot;
543+39 the county election board shall send the confirmation by United
544+40 States mail.
545+41 The county election board shall send the confirmation required by this
546+42 subsection not later than the end of the first business day after the
547+EH 1265—LS 6928/DI 144 12
548+1 county election board receives the voter's absentee ballot.
549+2 (j) Upon approval of the voter's absentee ballot application, a county
550+3 election board shall transmit an absentee ballot to an absent uniformed
551+4 services voter or an overseas voter by electronic mail under a program
552+5 authorized and administered by the Federal Voting Assistance Program
553+6 of the United States Department of Defense or directly to the voter at
554+7 the voter's electronic mail address, if requested to do so by the voter. A
555+8 voter described by this section may transmit the voted absentee ballot
556+9 to a county election board by electronic mail. If a voter described in
557+10 this section transmits the voted absentee ballot through the United
558+11 States Department of Defense program, the ballot must be transmitted
559+12 in accordance with the procedures established under that program. An
560+13 electronic mail message transmitting a voted absentee ballot under this
561+14 subsection must include a digital image of the voter's signature on the
562+15 statement required under subsection (h).
563+16 (k) The secretary of state, with the approval of the election division,
564+17 shall develop a system that complies with the Web Content Guidelines.
565+18 SECTION 12. IC 3-11-4-17.6, AS ADDED BY P.L.140-2023,
566+19 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
567+20 UPON PASSAGE]: Sec. 17.6. (a) For purposes of this section, "clerk"
568+21 means:
569+22 (1) the circuit court clerk; or
570+23 (2) in a county subject to IC 3-6-5.2 or IC 3-6-5.6, the director of
571+24 the board of elections and registration.
572+25 (b) This subsection applies to an application to receive an absentee
573+26 ballot by mail under IC 3-11-10-24 that is received by the clerk more
574+27 than twelve (12) or more days before election day. If the clerk
575+28 determines that the application does not fully comply with the
576+29 requirements of this title, the clerk shall transmit the following to the
577+30 applicant:
578+31 (1) An application for an absentee ballot.
579+32 (2) A written notice prescribed by the election division under
580+33 IC 3-5-4-8 that includes:
581+34 (A) a brief explanation of each defect in the noncompliant
582+35 application;
583+36 (B) a statement informing the voter that the voter is not
584+37 entitled to vote before election day by absentee ballot unless
585+38 the application complies with all legal requirements; and
586+39 (C) instructions for submitting a second application for an
587+40 absentee ballot.
588+41 (c) This subsection applies to an application to receive an absentee
589+42 ballot by mail under IC 3-11-10-24 that is received by the clerk:
590+EH 1265—LS 6928/DI 144 13
591+1 (1) after 11:59 p.m. twelve (12) days before election day; and
592+2 (2) before noon on the day before election day.
593+3 If the clerk determines that the application does not fully comply with
594+4 the requirements of this title, the clerk shall transmit to the applicant a
595+5 written notice that includes the information described by subsection
596+6 (b)(2)(A) through (b)(2)(B). If applicable, the notice must also include
597+7 a statement that the application was late.
598+8 (d) This subsection applies to a voter who submits a defective
599+9 application to receive an absentee ballot that is received by the clerk
600+10 before the deadline for receipt of absentee ballots under section 3 of
601+11 this chapter. Notwithstanding the requirement under IC 3-11-10-25(e)
602+12 for prior unanimous approval by the county election board, the clerk
603+13 may:
604+14 (1) deliver a second absentee application in person to a voter
605+15 described by this subsection;
606+16 (2) approve the second absentee application if the clerk
607+17 determines that each defect in the first absentee application has
608+18 been corrected; and
609+19 (3) if accompanied by an absentee voter board, provide the
610+20 absentee ballot to the voter.
611+21 (e) After receiving the ballot under subsection (d), the voter may
612+22 return the voted absentee ballot:
613+23 (1) in person to the absentee voter board; or
614+24 (2) to the county election board;
615+25 before the deadline for receipt of absentee ballots under
616+26 IC 3-11.5-4-10.
617+27 (f) If a clerk uses the procedure described in subsection (d), the
618+28 procedure must be applied uniformly to all applications covered by
619+29 subsection (d).
620+30 SECTION 13. IC 3-11-8-15, AS AMENDED BY P.L.227-2023,
621+31 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
622+32 UPON PASSAGE]: Sec. 15. (a) Only the following persons are
623+33 permitted in the polls during an election:
624+34 (1) Members of a precinct election board.
625+35 (2) Poll clerks and assistant poll clerks.
626+36 (3) Election sheriffs.
627+37 (4) Deputy election commissioners.
628+38 (5) Pollbook holders and challengers.
629+39 (6) Watchers.
630+40 (7) Voters for the purposes of voting.
631+41 (8) Minor children accompanying voters as provided under
632+42 IC 3-11-11-8.
633+EH 1265—LS 6928/DI 144 14
634+1 (9) An assistant to a precinct election officer appointed under
635+2 IC 3-6-6-39.
636+3 (10) An individual authorized to assist a voter in accordance with
637+4 IC 3-11-9.
638+5 (11) A member of a county election board, acting on behalf of the
639+6 board.
640+7 (12) A technician authorized to act on behalf of a county election
641+8 board to repair a voting system (if the technician bears credentials
642+9 signed by each member of the board).
643+10 (13) Either of the following who have been issued credentials
644+11 signed by the members of the county election board:
645+12 (A) The county chairman of a political party.
646+13 (B) The county vice chairman of a political party.
647+14 However, a county chairman or a county vice chairman who is a
648+15 candidate for nomination or election to office at the election may
649+16 not enter the polls under this subdivision.
650+17 (14) The secretary of state, as chief election officer of the state,
651+18 unless the individual serving as secretary of state is a candidate
652+19 for nomination or election to an office at the election.
653+20 (15) A person credentialed by the Indiana protection and
654+21 advocacy services commission to conduct activities for the
655+22 protection and advocacy for voting access program provided
656+23 under 52 U.S.C. 21061.
657+24 (b) Except for an individual described in subsection (a)(8) or
658+25 (a)(10), an individual must be a citizen of the United States to be
659+26 permitted in the polls during an election.
660+27 (c) The secretary of state may exempt an individual from the
661+28 requirement to be a United States citizen.
662+29 (d) This subsection applies to a simulated election for minors
663+30 conducted with the authorization of the county election board. An
664+31 individual participating in the simulated election may be in the polls for
665+32 the purpose of voting. A person supervising the simulated election may
666+33 be in the polls to perform the supervision.
667+34 (e) The inspector of a precinct has authority over all simulated
668+35 election activities conducted under subsection (d) and shall ensure that
669+36 the simulated election activities do not interfere with the election
670+37 conducted in that polling place.
671+38 (f) A person described in subsection (a)(15) must carry an
672+39 identification card that clearly states the following:
673+40 (1) The name of the individual carrying the identification
674+41 card.
675+42 (2) A statement that the person is credentialed by the Indiana
676+EH 1265—LS 6928/DI 144 15
677+1 protection and advocacy services commission to enter the
678+2 polling location.
679+3 (3) A brief statement that the individual is conducting
680+4 activities provided under federal law.
681+5 SECTION 14. IC 3-11-10-26.3, AS AMENDED BY P.L.169-2015,
682+6 SECTION 123, IS AMENDED TO READ AS FOLLOWS
683+7 [EFFECTIVE JULY 1, 2024]: Sec. 26.3. (a) A county election board
684+8 may adopt a resolution to authorize the circuit court clerk to establish
685+9 satellite offices in the county where voters may cast absentee ballots
686+10 before an absentee voter board.
687+11 (b) To be adopted under this section, a resolution must be adopted
688+12 by the unanimous vote of the board's entire membership.
689+13 (c) A resolution adopted under this section must do the following:
690+14 (1) State the locations of the satellite offices.
691+15 (2) State the hours at which absentee voting may occur at the
692+16 satellite offices.
693+17 (d) The resolution may contain other provisions the board considers
694+18 useful.
695+19 (e) If a resolution is adopted under this section for a primary
696+20 election, the following apply:
697+21 (1) Except as provided in subdivision (2), the locations of the
698+22 satellite offices and the hours at which absentee voting may occur
699+23 at the satellite offices established for the primary election must be
700+24 used for the subsequent general or municipal election.
701+25 (2) The board may, by unanimous vote of the board's entire
702+26 membership, amend the resolution to modify, for the
703+27 subsequent general or municipal election:
704+28 (A) the locations of the satellite offices; and
705+29 (B) the hours at which absentee voting may occur at the
706+30 satellite offices.
707+31 A board in a county designated as a vote center county under
708+32 IC 3-11-18.1 that amends a resolution under subdivision (2) shall
709+33 also amend its plan under IC 3-11-18.1-15 to conform to the
710+34 amendment.
711+35 (f) If a resolution is adopted under this section, the procedure for
712+36 casting an absentee ballot at a satellite office must, except as provided
713+37 in this section, be substantially the same as the procedure for casting an
714+38 absentee ballot in the office of the circuit court clerk under section 26
715+39 of this chapter.
716+40 (g) A voter casting an absentee ballot under this section is entitled
717+41 to cast the voter's ballot in accordance with IC 3-11-9.
718+42 (h) A satellite office established by a circuit court clerk under this
719+EH 1265—LS 6928/DI 144 16
720+1 section must comply with the polling place accessibility requirements
721+2 of IC 3-11-8.
722+3 (i) A resolution adopted under this section expires January 1 of the
723+4 year immediately after the year in which the resolution is adopted.
724+5 SECTION 15. IC 3-11-10-29, AS AMENDED BY P.L.109-2021,
725+6 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
726+7 UPON PASSAGE]: Sec. 29. (a) The envelope required by section 28
727+8 of this chapter must bear upon its face a printed affidavit containing the
728+9 voter's affirmation under penalties of perjury that the following
729+10 information is true:
730+11 The voter must indicate the voter's precinct and township (or ward
731+12 and city or town) and indicate whether the voter is entitled to vote
732+13 as a resident of the precinct or is entitled to vote under IC 3-10-11
733+14 or IC 3-10-12.
734+15 (b) The voter must sign and date the affidavit. and After the voter
735+16 has signed and dated the affidavit, the absentee voter board members
736+17 each must sign the affidavit and print the member's name.
737+18 (c) The absentee voter board must indicate on the affidavit if:
738+19 (1) the board visited the voter in the manner authorized under
739+20 section 25(b) of this chapter; and
740+21 (2) the voter was a voter with disabilities who was unable to make
741+22 a voting mark on the ballot or sign the absentee ballot secrecy
742+23 envelope under section 24(d) of this chapter.
743+24 SECTION 16. IC 3-11-18.1-15, AS AMENDED BY P.L.170-2019,
744+25 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
745+26 JULY 1, 2024]: Sec. 15. (a) A county may amend a plan adopted with
746+27 a county election board's order under section 3 of this chapter.
747+28 (b) For a county to amend its plan:
748+29 (1) the county election board or board of elections and
749+30 registration, by unanimous vote of the entire membership of the
750+31 board, must approve the plan amendment;
751+32 (2) all members of the board must sign the amendment; and
752+33 (3) the amendment must be filed with the election division.
753+34 (c) A plan amendment takes effect immediately upon filing with the
754+35 election division, unless otherwise specified by the county election
755+36 board.
756+37 (d) A plan amendment may be filed with the election division by
757+38 fax or electronic mail.
758+39 SECTION 17. IC 3-11.5-4-13, AS AMENDED BY P.L.227-2023,
759+40 SECTION 116, IS AMENDED TO READ AS FOLLOWS
760+41 [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) If the absentee ballot
761+42 counters find under section 11 of this chapter that any of the following
762+EH 1265—LS 6928/DI 144 17
763+1 applies, the ballots shall be rejected:
764+2 (1) The affidavit is insufficient or that the ballot has not been
765+3 endorsed with the initials of:
766+4 (A) the two (2) members of the absentee voter board in the
767+5 office of the clerk of the circuit court under IC 3-11-4-19 or
768+6 IC 3-11-10-27;
769+7 (B) the two (2) members of the absentee voter board visiting
770+8 the voter under IC 3-11-10-25; or
771+9 (C) the two (2) appointed members of the county election
772+10 board or their designated representatives under IC 3-11-4-19.
773+11 A scantron complies with the endorsement requirement under
774+12 this subdivision if the scantron is endorsed with the initials of
775+13 two (2) members under clause (A), (B), or (C).
776+14 (2) The signatures do not correspond or there is no signature, and
777+15 the signature mismatch or missing signature is not cured by the
778+16 deadline established under section 13.5 or 13.6 of this chapter.
779+17 (3) The absentee voter is not a qualified voter in the precinct.
780+18 (4) The absentee voter has voted in person at the election.
781+19 (5) The absentee voter has not registered.
782+20 (6) The ballot is open or has been opened and resealed. This
783+21 subdivision does not permit an absentee ballot transmitted by fax
784+22 or electronic mail under IC 3-11-4-6 to be rejected because the
785+23 ballot was sealed in the absentee ballot envelope by the individual
786+24 designated by the circuit court to receive absentee ballots
787+25 transmitted by fax or electronic mail.
788+26 (7) The ballot envelope contains more than one (1) ballot of any
789+27 kind for the same office or public question.
790+28 (8) In case of a primary election, if the absentee voter has not
791+29 previously voted, the voter failed to execute the proper
792+30 declaration relative to age and qualifications and the political
793+31 party with which the voter intends to affiliate.
794+32 (9) The ballot has been challenged and there is no absentee ballot
795+33 application from the voter to support the absentee ballot.
796+34 (b) Subsection (c) applies whenever a voter with a disability is
797+35 unable to make a signature:
798+36 (1) on an absentee ballot application that corresponds to the
799+37 voter's signature in the records of the county voter registration
800+38 office; or
801+39 (2) on an absentee ballot security envelope that corresponds with
802+40 the voter's signature:
803+41 (A) in the records of the county voter registration office; or
804+42 (B) on the absentee ballot application.
805+EH 1265—LS 6928/DI 144 18
806+1 (c) The voter may request that the voter's signature or mark be
807+2 attested to by any of the following:
808+3 (1) The absentee voter board under section 22 of this chapter.
809+4 (2) A member of the voter's household.
810+5 (3) An individual serving as attorney in fact for the voter.
811+6 (d) An attestation under subsection (c) provides an adequate basis
812+7 for the absentee ballot counters to determine that a signature or mark
813+8 complies with subsection (a)(2).
814+9 (e) If the absentee ballot counters are unable to agree on a finding
815+10 described under this section or section 12 of this chapter, the county
816+11 election board shall make the finding.
817+12 (f) This subsection does not apply to an absentee ballot rejected
818+13 under this section based on a finding that the voter's signature on the
819+14 absentee ballot security envelope affidavit does not correspond to any
820+15 signature on the voter's absentee ballot application. The absentee ballot
821+16 counters or county election board shall issue a certificate to a voter
822+17 whose ballot has been rejected under this section if the voter appears
823+18 in person before the board not later than 5 p.m. on election day. The
824+19 certificate must state that the voter's absentee ballot has been rejected
825+20 and that the voter may vote in person under section 21 of this chapter
826+21 if otherwise qualified to vote.
827+22 SECTION 18. IC 3-11.5-4-13.5, AS ADDED BY P.L.109-2021,
828+23 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
829+24 JULY 1, 2024]: Sec. 13.5. (a) This section applies to an absentee ballot
830+25 where there is a finding that the voter's signature on the absentee ballot
831+26 security envelope affidavit does not correspond to the signature on the
832+27 voter's absentee ballot application or electronic poll book, or any
833+28 signature by the voter maintained in the statewide voter registration
834+29 system.
835+30 (b) If the absentee voter board, the absentee ballot counters, or the
836+31 county election board determine that a voter's signature on the absentee
837+32 ballot security envelope affidavit does not correspond to:
838+33 (1) the voter's signature on the absentee ballot application;
839+34 (2) the voter's signature on the electronic poll book; or
840+35 (3) any signature of the voter maintained in the statewide voter
841+36 registration system;
842+37 the absentee ballot security envelope shall not be opened and the ballot
843+38 shall not be counted.
844+39 (c) The absentee voter board, the absentee ballot counters, or the
845+40 county election board shall write the date and cause of the mismatched
846+41 signature on the face of the security envelope after completing the
847+42 procedures set forth in this section.
848+EH 1265—LS 6928/DI 144 19
849+1 (d) The county election board or board of elections and registration
850+2 shall send a notice produced from the computerized system established
851+3 by IC 3-7-26.3 to the voter of the determination of the absentee voter
852+4 board, absentee ballot counters, county election board, or board of
853+5 elections and registration that an absentee ballot signature mismatch
854+6 has occurred. The county election board shall:
855+7 (1) either:
856+8 (A) hand deliver the notice; or
857+9 (B) mail the notice by first class United States mail;
858+10 to the registration address of the voter;
859+11 (2) send the notice by electronic mail to the voter if an electronic
860+12 mail address for the voter is available; and
861+13 (3) call the voter by telephone to provide notice of the signature
862+14 mismatch determination, if a telephone number for the voter is
863+15 available;
864+16 not later than the close of business two (2) business days after the
865+17 signature mismatch determination by the county occurs. If a county
866+18 election board is unable to produce the notice from the
867+19 computerized list, the county election board may send the notice
868+20 provided by the election division.
869+21 (e) If:
870+22 (1) the county election board does not provide the voter with
871+23 the notice described in subsection (d) before the close of
872+24 business two (2) business days after the signature mismatch is
873+25 determined; and
874+26 (2) the voter learns that the notice described in subsection (d)
875+27 should have been provided;
876+28 the voter or a representative of the voter may request the notice
877+29 described in subsection (d) from the county election board or the
878+30 election division.
879+31 (f) An absentee ballot sealed inside an absentee ballot security
880+32 envelope affidavit with a signature mismatch shall be treated as a
881+33 provisional ballot under IC 3-11.7. The signature mismatch may be
882+34 cured under this section and the absentee ballot counted if the ballot is
883+35 otherwise valid.
884+36 (f) (g) A voter notified by the county election board or board of
885+37 elections and registration under subsection (d) must verify the voter's
886+38 signature under this section on:
887+39 (1) the absentee ballot security envelope affidavit;
888+40 (2) the absentee ballot application or electronic poll book; or
889+41 (3) both;
890+42 by filing an affidavit with the county election board or board of
891+EH 1265—LS 6928/DI 144 20
892+1 elections and registration not later than noon, prevailing local time,
893+2 eight (8) days after election day.
894+3 (g) (h) The notice under subsection (d) is subject to IC 3-5-4-8 and
895+4 must contain the following information:
896+5 (1) A statement from the county election board or board of
897+6 elections and registration notifying the voter that the county has
898+7 determined that a signature mismatch has occurred between the
899+8 signature of the voter on the absentee ballot security envelope
900+9 affidavit and the voter's signature on the absentee ballot
901+10 application or electronic poll book, or any signature made by the
902+11 voter on file in the statewide voter registration system.
903+12 (2) A statement that the voter's absentee ballot will be rejected
904+13 and not counted unless the voter cures the signature mismatch
905+14 under this section by filing a signed signature verification
906+15 affidavit with the county election board or board of elections and
907+16 registration not later than noon, local prevailing time, eight (8)
908+17 days after election day, and specifying the date on which the
909+18 eighth day will fall.
910+19 (3) A signature line for the voter to print the voter's name and date
911+20 and sign the signature verification affidavit.
912+21 (4) A statement that the signature verification affidavit must be:
913+22 (A) placed into a mailing envelope addressed to the county
914+23 election board or board of elections and registration, and either
915+24 mailed with sufficient postage or hand delivered to the board;
916+25 or
917+26 (B) sent to the board by electronic mail or facsimile
918+27 transmission.
919+28 (5) Information provided by the board setting forth the mailing
920+29 address, electronic mail address, or facsimile number of the
921+30 board.
922+31 (6) The name of the voter.
923+32 (h) (i) The signature verification affidavit shall be prescribed by the
924+33 election division under IC 3-5-4-8, shall be produced from the
925+34 computerized list established under IC 3-7-26.3, must substantially be
926+35 in the following form, and may be included on the same page as the
927+36 notice and instructions:
928+37 SIGNATURE VERIFICATION AFFIDAVIT
929+38 I, [voter's name], am a registered voter of [voter's county of
930+39 residence] County, State of Indiana. I declare under the penalties
931+40 of perjury that I requested and returned an absentee ballot. I am
932+41 a resident of the precinct in which I have voted (or I am entitled
933+42 to vote in this precinct under Indiana law), and I am the person
934+EH 1265—LS 6928/DI 144 21
935+1 whose name appears on the absentee ballot envelope. I understand
936+2 that if I commit or attempt any fraud in connection with voting, or
937+3 if I aid or abet fraud or attempt to aid or abet fraud in connection
938+4 with voting, I may be convicted of a felony punishable by
939+5 imprisonment, a fine, or both. I understand that my failure to sign
940+6 this statement means my absentee ballot will not be counted.
941+7 ___________________
942+8 Voter's Signature
943+9 ____________________
944+10 Voter's Printed Name
945+11 ________________________
946+12 Voter's Registration Address
947+13 If there is a reason why your signature does not match, please
948+14 explain here. Examples include age or disability of the voter or
949+15 execution of the absentee affidavit by the person holding the
950+16 voter's power of attorney or any person assisting a voter under
951+17 IC 3-11-4-2(b) or a member of the voter's immediate household
952+18 or power of attorney attesting to the voter's signature on the
953+19 absentee by mail return envelope under IC 3-11.5-4-13(c). The
954+20 computerized list shall preprint the name of the voter in the
955+21 appropriate parts of the affidavit.
956+22 (i) (j) The county election board or board of elections and
957+23 registration may not reject an absentee ballot with a nonconforming
958+24 security envelope signature if each of the following conditions are
959+25 satisfied:
960+26 (1) The voter delivers:
961+27 (A) in person;
962+28 (B) by mail;
963+29 (C) by facsimile transmission; or
964+30 (D) by electronic mail;
965+31 a signature verification affidavit signed by the voter and the
966+32 county election board or board of elections and registration
967+33 receives the affidavit not later than noon, prevailing time, eight
968+34 (8) days after election day, or the voter, before the close of the
969+35 polls on election day, completes and files a signature verification
970+36 affidavit with the inspector or other chief election official of the
971+37 precinct or vote center within the county. The inspector or vote
972+38 center official shall forward the signature verification statement
973+39 to the county election board or board of elections and registration
974+40 with the other materials from the precinct. The voter may deliver
975+41 a signature verification affidavit signed by the voter to an
976+42 absentee voter board at a circuit court clerk's office or
977+EH 1265—LS 6928/DI 144 22
978+1 satellite location during the period of early voting described
979+2 in IC 3-11-10-26.
980+3 (2) Upon receipt of the signature verification statement, the
981+4 county election board or county board of elections and
982+5 registration shall open the provisional ballot envelope to access
983+6 the voter's absentee ballot security envelope to:
984+7 (A) compare the signature on the verification statement with
985+8 the signature on the affidavit of the ballot envelope; or
986+9 (B) if the ballot is for a military or overseas voter who
987+10 transmitted the ballot by facsimile or electronic mail, compare
988+11 the affidavit found under IC 3-11-4-6(h) and, if applicable, the
989+12 signature found in the voter's registration record or the
990+13 signature on the absentee ballot application.
991+14 (j) (k) If, upon conducting the comparison of signatures, the board
992+15 determines that the signatures match and no other challenges have been
993+16 made to the ballot, the board shall open the absentee ballot security
994+17 envelope and add the votes cast on the ballot to the tally for the voter's
995+18 precinct.
996+19 (k) (l) A ballot may not be removed from the security envelope until
997+20 the time for processing ballots. If, upon conducting the comparison of
998+21 the signatures under this section, the election officials determine that
999+22 the signatures are mismatched, the voter's absentee ballot security
1000+23 envelope may not be opened and the ballot shall not be counted. The
1001+24 election officials shall write "this ballot has been rejected because of
1002+25 a mismatched signature" on the face of the security envelope. The
1003+26 absentee ballot security envelope must be resealed and the status of the
1004+27 rejected provisional ballot must be made under the "County Election
1005+28 Board Findings" on the affidavit.
1006+29 (l) (m) A mismatched absentee ballot security envelope is to be
1007+30 treated as a provisional ballot and is subject to the same confidentiality
1008+31 restrictions under IC 3-11.7-6-3.
1009+32 (m) (n) If the county election board or board of elections and
1010+33 registration determines that the signatures match, the board shall
1011+34 provide a copy of the statement to the county voter registration officer
1012+35 in any county where there is a separate board of registration. The voter
1013+36 registration officer shall then use the signature in the signature
1014+37 verification statement, even if returned untimely, to update the voter's
1015+38 signature in the voter's registration record.
1016+39 SECTION 19. IC 3-11.5-4-13.6, AS ADDED BY P.L.109-2021,
1017+40 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1018+41 JULY 1, 2024]: Sec. 13.6. (a) This section applies to an absentee ballot
1019+42 where there is a finding that the voter's signature on the absentee ballot
1020+EH 1265—LS 6928/DI 144 23
1021+1 security envelope affidavit is missing and therefore does not
1022+2 correspond to the signature on the voter's absentee ballot application or
1023+3 electronic poll book.
1024+4 (b) Section 13.5(c), 13.5(d), 13.5(e), and 13.5(f) 13.5(g) of this
1025+5 chapter apply to this section.
1026+6 (c) The county election board or board of elections and registration
1027+7 shall not reject an absentee ballot with a missing security envelope
1028+8 signature if either any of the following conditions is are satisfied and
1029+9 the county election board or board of elections and registration
1030+10 determines that the unsigned absentee ballot affidavit is truthful and
1031+11 otherwise in compliance with this section:
1032+12 (1) The voter delivers:
1033+13 (A) in person;
1034+14 (B) by mail;
1035+15 (C) by facsimile; or
1036+16 (D) by electronic mail;
1037+17 an affidavit of unsigned ballot that is signed by the voter, and the
1038+18 county election board or board of elections and registration
1039+19 receives the affidavit not later than noon eight (8) days after
1040+20 election day.
1041+21 (2) Before the close of the polls on election day, the voter
1042+22 completes and files an affidavit of unsigned ballot with the
1043+23 inspector or other chief election official of the precinct or vote
1044+24 center within the county. The inspector or vote center official
1045+25 shall forward the affidavit of unsigned ballot to the county
1046+26 election board or board of elections and registration with the other
1047+27 materials from the precinct.
1048+28 (3) The voter delivers an affidavit of unsigned ballot that is
1049+29 signed by the voter to an absentee voter board at a circuit
1050+30 court clerk's office or satellite location during the period of
1051+31 early voting described in IC 3-11-10-26.
1052+32 (d) Upon receipt of the affidavit of unsigned ballot, the county
1053+33 election board or county board of elections and registration shall open
1054+34 the provisional ballot envelope to access the voter's absentee ballot
1055+35 security envelope to:
1056+36 (1) compare the signature on the affidavit of unsigned ballot with
1057+37 the most recent signature on the voter's registration record in the
1058+38 statewide voter registration system, or the signature on the
1059+39 absentee ballot application; or
1060+40 (2) if the ballot is for a military or overseas voter who transmitted
1061+41 the ballot by facsimile or electronic mail, compare the affidavit
1062+42 found under IC 3-11-4-6(h) and, if applicable, the signature found
1063+EH 1265—LS 6928/DI 144 24
1064+1 in the voter's registration record or the signature on the absentee
1065+2 ballot application.
1066+3 (e) If, upon conducting the comparison of the signatures, the board
1067+4 determines that the signatures match and there are no other challenges
1068+5 that have been made to the ballot, the board shall open the absentee
1069+6 ballot security envelope and add the votes cast on the ballot to the tally
1070+7 for the voter's precinct.
1071+8 (f) If, upon conducting the comparison of the signatures, the board
1072+9 determines that the signatures are mismatched, the voter's absentee
1073+10 ballot security envelope shall not be opened and the ballot may not be
1074+11 counted. The board shall write "this ballot has been rejected because
1075+12 of a mismatched signature" on the face of the security envelope. The
1076+13 provisional ballot envelope must be resealed and the status of the
1077+14 rejected ballot must be set forth under the "County Election Board
1078+15 Findings" on the affidavit.
1079+16 (g) The affidavit of unsigned ballot shall be prescribed by the
1080+17 election division under IC 3-5-4-8, shall be produced from the
1081+18 computerized list established under IC 3-7-26.3, must be in
1082+19 substantially the following form, and may be included on the same
1083+20 page as the notice and instructions:
1084+21 AFFIDAVIT OF UNSIGNED BALLOT
1085+22 I, [voter's name], am a registered voter of [voter's county of
1086+23 residence] County, State of Indiana. I declare under the penalties
1087+24 of perjury that I requested and returned an absentee ballot. I am
1088+25 a resident of the precinct in which I have voted (or I am entitled
1089+26 to vote in this precinct under Indiana law), and I am the person
1090+27 whose name appears on the absentee ballot envelope. I understand
1091+28 that if I commit or attempt any fraud in connection with voting, or
1092+29 if I aid or abet fraud or attempt to aid or abet fraud in connection
1093+30 with voting, I may be convicted of a felony punishable by
1094+31 imprisonment, a fine, or both. I understand that my failure to sign
1095+32 this statement means that my absentee ballot will not be counted.
1096+33 ___________________
1097+34 Voter's Signature
1098+35 ____________________
1099+36 Voter's Printed Name
1100+37 ________________________
1101+38 Voter's Registration Address
1102+39 The computerized list shall preprint the name of the voter in the
1103+40 appropriate parts of the affidavit.
1104+41 (h) The following instructions, prescribed by the election division
1105+42 under IC 3-5-4-8 and produced from the computerized list established
1106+EH 1265—LS 6928/DI 144 25
1107+1 under IC 3-7-26.3, shall accompany the affidavit of unsigned ballot in
1108+2 substantially the following form:
1109+3 NOTICE FROM COUNTY ELECTION BOARD
1110+4 REGARDING AN AFFIDAVIT OF UNSIGNED BALLOT FOR
1111+5 ABSENTEE BALLOT
1112+6 Read these instructions carefully before completing the statement.
1113+7 Failure to follow these instructions may cause your ballot to not
1114+8 be counted.
1115+9 (1) We have determined that your signature is missing on your
1116+10 absentee ballot security envelope. To ensure that your absentee
1117+11 ballot will be counted, you must complete and return an
1118+12 affidavit of unsigned ballot.
1119+13 (2) Your affidavit of unsigned ballot must be received by the
1120+14 county election board or board of elections and registration not
1121+15 later than noon, local prevailing time, eight (8) days after the
1122+16 election, with the statement specifying the day on which the
1123+17 eighth day after the election will fall.
1124+18 (3) You must sign your name where specified on the affidavit
1125+19 of unsigned ballot.
1126+20 (4) Place the affidavit of unsigned ballot into a mailing
1127+21 envelope addressed to your county election official. Mail, hand
1128+22 deliver, or have your completed affidavit delivered to the
1129+23 board. Be sure to include sufficient postage if mailed, and
1130+24 include the address of the county election board provided
1131+25 below.
1132+26 (5) If you do not wish to send your affidavit of unsigned ballot
1133+27 by mail or have it hand delivered, you may submit your
1134+28 completed affidavit by electronic mail or facsimile
1135+29 transmission to the county election board using the following
1136+30 information provided by your county [insert county electronic
1137+31 mail address and facsimile number].
1138+32 (6) Include your name on the affidavit.
1139+33 (i) A ballot may not be removed from the security envelope until the
1140+34 time for processing the ballot.
1141+35 (j) Except where clearly inapplicable under IC 3-11.7, an unsigned
1142+36 absentee ballot security envelope is to be treated as a provisional ballot
1143+37 and is subject to the same confidentiality restrictions under
1144+38 IC 3-11.7-6-3. The affidavit of unsigned ballot and the signature
1145+39 verification statement executed by the voter are confidential under
1146+40 IC 3-11.7-6-3.
1147+41 SECTION 20. IC 3-11.5-4-23, AS AMENDED BY P.L.109-2021,
1148+42 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1149+EH 1265—LS 6928/DI 144 26
1150+1 JULY 1, 2024]: Sec. 23. (a) Not later than noon fifty (50) days before
1151+2 election day, each county election board shall notify the county
1152+3 chairmen of the two (2) political parties that have appointed members
1153+4 on the county election board of the number of:
1154+5 (1) absentee voter boards;
1155+6 (2) teams of absentee ballot counters; and
1156+7 (3) teams of couriers;
1157+8 to be appointed under section 22 of this chapter.
1158+9 (b) The county chairmen shall make written recommendations for
1159+10 the appointments to the county election board not later than forty-six
1160+11 (46) days before election day. The county election board shall make the
1161+12 appointments as recommended.
1162+13 (c) If a county chairman fails to make any recommendations, then
1163+14 the county election board may appoint any voters of the county who
1164+15 comply with section 22 of this chapter.
1165+16 (d) The county election board may permit an individual who is not
1166+17 a voter to serve as an absentee board member, other than a member of
1167+18 a board under IC 3-11-10-25, an absentee ballot counter, or a courier
1168+19 if the individual:
1169+20 (1) satisfies the requirements under IC 3-6-6-39; and
1170+21 (2) is approved by the unanimous vote of the entire membership
1171+22 of the county election board.
1172+23 (e) An individual appointed to serve as an absentee board member,
1173+24 other than the member of a board under IC 3-11-10-25, an absentee
1174+25 ballot counter or a courier under subsection (d), while serving as an
1175+26 absentee ballot counter or courier:
1176+27 (1) is not required to obtain an employment certificate under
1177+28 IC 22-2-18 (before its expiration on June 30, 2021); and
1178+29 (2) is not subject to the limitations on time and duration of
1179+30 employment under IC 22-2-18 (before its expiration on June 30,
1180+31 2021) or IC 22-2-18.1.
1181+32 (f) The county election board is not required to register as an
1182+33 employer under IC 22-2-18.1.
1183+34 (g) When the county election board makes an appointment
1184+35 under this section and the individual accepts the appointment by
1185+36 swearing the oath of office required under this title, a contract is
1186+37 created between the county election board and the individual in
1187+38 which the county election board retains the services of the
1188+39 appointed individual as an independent contractor.
1189+40 (h) For purposes of Article 2, Section 9 of the Constitution of the
1190+41 State of Indiana, the position of:
1191+42 (1) member of an absentee voter board;
1192+EH 1265—LS 6928/DI 144 27
1193+1 (2) member of an absentee ballot counter team; or
1194+2 (3) member of a courier team;
1195+3 is not a lucrative office.
1196+4 SECTION 21. IC 3-13-1-7, AS AMENDED BY P.L.193-2021,
1197+5 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1198+6 UPON PASSAGE]: Sec. 7. (a) Except as provided in subsection (b),
1199+7 action to fill a candidate vacancy must be taken:
1200+8 (1) not later than noon July 3 after the primary election if the
1201+9 vacancy exists on a general or municipal election ballot; and
1202+10 (2) within thirty (30) days after the occurrence of the vacancy, if
1203+11 the vacancy exists on a special election ballot, subject to section
1204+12 2 of this chapter.
1205+13 (b) This subsection applies to a candidate vacancy that exists before
1206+14 the thirtieth day before a general, municipal, or special election and
1207+15 that is due to any of the following:
1208+16 (1) The death of a candidate.
1209+17 (2) The withdrawal of a candidate.
1210+18 (3) The disqualification of a candidate under IC 3-8-1-5.
1211+19 (4) A court order issued under IC 3-8-7-29(d).
1212+20 (5) The successful challenge of a candidate nominated by a state,
1213+21 county, or town convention of a political party.
1214+22 (6) The successful challenge of a candidate under IC 3-8-8.
1215+23 (7) The successful challenge of a candidate under sections section
1216+24 16.5 and or 20.5 of this chapter.
1217+25 (8) The successful challenge of a candidate in a judicial
1218+26 proceeding.
1219+27 Action to fill a candidate vacancy under section 3, 4, 5, or 6 of this
1220+28 chapter for reasons permitted under this subsection must be taken
1221+29 within thirty (30) days after the occurrence of the vacancy.
1222+30 SECTION 22. IC 3-13-1-19 IS AMENDED TO READ AS
1223+31 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 19. (a) Subject to
1224+32 IC 3-8-8-7, a person who was defeated in a primary election or in a
1225+33 town or state convention is eligible to be appointed by the political
1226+34 party that the person affiliated with by voting in the most recent
1227+35 primary election held by that party. The person selected may fill any
1228+36 vacancy on the party's ticket as a candidate in any general, municipal,
1229+37 or special election following that primary election or convention in
1230+38 which the vacancy occurred. However,
1231+39 (b) Subject to subsection (c), a person is not disqualified from
1232+40 appointment under this section subsection (a) for not having voted in
1233+41 the most recent primary election if the appointee is certified as a
1234+42 member of that party by the county chairman for the county in which
1235+EH 1265—LS 6928/DI 144 28
1236+1 the appointee resides.
1237+2 (c) A person described in subsection (a) may not be appointed
1238+3 to fill a vacancy by a political party that differs from the party with
1239+4 which the person affiliated when the person was defeated in the
1240+5 primary election or in the town or state convention.
1241+6 SECTION 23. IC 3-13-2-1, AS AMENDED BY P.L.227-2023,
1242+7 SECTION 126, IS AMENDED TO READ AS FOLLOWS
1243+8 [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) This chapter applies to
1244+9 the filling of a candidate vacancy of a former candidate for nomination
1245+10 or election to an office at a general, municipal, or special election that
1246+11 occurs after the thirty-first day before a general, municipal, or special
1247+12 election that is due to any of the following:
1248+13 (1) The death of a candidate.
1249+14 (2) The withdrawal of a candidate.
1250+15 (3) The disqualification of a candidate under IC 3-8-1-5.
1251+16 (4) A court order issued under IC 3-8-7-29(d).
1252+17 (5) The successful challenge of a candidate nominated by a
1253+18 state, county, or town convention of a political party.
1254+19 (6) The successful challenge of a candidate under IC 3-8-8.
1255+20 (7) The successful challenge of a candidate under
1256+21 IC 3-13-1-16.5 or IC 3-13-1-20.5.
1257+22 (8) The successful challenge of a candidate in a judicial
1258+23 proceeding.
1259+24 (b) Action to fill a candidate vacancy under this chapter must be
1260+25 taken not later than 6 a.m. on election day.
1261+26 SECTION 24. IC 3-13-2-10 IS AMENDED TO READ AS
1262+27 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) Subject to
1263+28 IC 3-8-8-7, a person who was defeated in a primary election or in a
1264+29 town or state convention is eligible to be appointed by the person's own
1265+30 political party to that the person affiliated with by voting in the most
1266+31 recent primary election held by that party. The person selected
1267+32 may fill any vacancy on the party's ticket as a candidate in any general,
1268+33 municipal, or special election following that primary election or
1269+34 convention in which the vacancy occurred.
1270+35 (b) Subject to subsection (c), a person is not disqualified from
1271+36 appointment under subsection (a) for not having voted in the most
1272+37 recent primary election if the appointee is certified as a member of
1273+38 that party by the county chairman for the county in which the
1274+39 appointee resides.
1275+40 (c) A person described in subsection (a) may not be appointed
1276+41 to fill a vacancy by a political party that differs from the party with
1277+42 which the person affiliated when the person was defeated in the
1278+EH 1265—LS 6928/DI 144 29
1279+1 primary election or in the town or state convention.
1280+2 SECTION 25. IC 3-14-5-2, AS AMENDED BY P.L.227-2023,
1281+3 SECTION 132, IS AMENDED TO READ AS FOLLOWS
1282+4 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Each precinct election board
1283+5 shall, at the close of the polls, place any affidavit prescribed by
1284+6 IC 3-10-1-9 to challenge the party affiliation of a person wishing to cast
1285+7 a ballot in a primary election in a strong paper bag or envelope and
1286+8 securely seal it. Each member shall endorse that member's name on the
1287+9 back of the bag or envelope.
1288+10 (b) Each precinct election board shall, at the close of the polls, place
1289+11 any affidavit:
1290+12 (1) other than an affidavit described in subsection (a) that is
1291+13 challenging the eligibility of a person who has offered to vote at
1292+14 a primary election; and
1293+15 (2) including the form printed on the face of the provisional
1294+16 ballot envelope described in IC 3-11.7-5-3;
1295+17 in a strong paper bag or envelope and securely seal it. Each member
1296+18 shall endorse that member's name on the back of the bag or envelope.
1297+19 (c) The inspector and judge of the opposite political party shall
1298+20 deliver the sealed bags or envelopes to the county election board. The
1299+21 county election board shall do the following:
1300+22 (1) Remove the affidavits described in subsections (a) and (b)
1301+23 from the bag or envelope and make three (3) copies of each
1302+24 affidavit.
1303+25 (2) Mail a copy of each affidavit to the secretary of state.
1304+26 (3) Replace the affidavits within the bag or envelope and keep
1305+27 the affidavits secure in accordance with IC 3-10-1-31.1. The
1306+28 affidavits may be removed from the bag or envelope by the
1307+29 county election board during a meeting or hearing when the
1308+30 affidavit is to be reviewed under this title.
1309+31 (4) Reseal the bag or envelope containing the affidavits with the
1310+32 endorsement of the name of each county election board member
1311+33 on the back of the bag or envelope immediately after the county
1312+34 election board determines which provisional ballots can be
1313+35 counted and not counted under IC 3-11.7.
1314+36 (5) Carefully preserve the resealed bag or envelope and deliver it,
1315+37 with the county election board's seal unbroken, to the foreman of
1316+38 the grand jury when next in session. in accordance with
1317+39 IC 3-10-1-31.1.
1318+40 (d) The county election board shall do the following after the
1319+41 conclusion of the period for filing petition for a recount or contest
1320+42 described IC 3-10-1-31.1(b) and IC 3-10-1-31.1(c) during which
1321+EH 1265—LS 6928/DI 144 30
1322+1 election materials are required to be sealed by the circuit court
1323+2 clerk:
1324+3 (1) Retain one (1) copy of each affidavit to make available for
1325+4 public inspection and copying under IC 5-14-3.
1326+5 (2) Deliver one (1) copy of each affidavit, sealed in a bag or
1327+6 envelope by the county election board, to the prosecuting
1328+7 attorney of the county.
1329+8 (d) (e) The grand jury shall inquire into the truth or falsity of the
1330+9 affidavits, and the court having jurisdiction over the grand jury shall
1331+10 specially charge the jury as to its duties under this section. The grand
1332+11 jury or prosecuting attorney of the county where the grand jury is
1333+12 sitting may request the original affidavit from the circuit court
1334+13 clerk if the grand jury determines that it is necessary to review the
1335+14 original affidavit during the inquiry.
1336+15 (e) (f) The grand jury shall file a report of the result of its inquiry
1337+16 with:
1338+17 (1) the court; and
1339+18 (2) the NVRA official if a violation of NVRA appears to have
1340+19 occurred.
1341+20 (f) (g) If the original affidavit is delivered to the grand jury or
1342+21 the prosecuting attorney under subsection (e), the prosecuting
1343+22 attorney shall:
1344+23 (1) preserve the affidavits affidavit and envelopes envelope in
1345+24 accordance with IC 3-10-1-31.1; and shall
1346+25 (2) ensure that no person can access a provisional ballot
1347+26 contained in the envelope that the affidavit described in
1348+27 subsection (b) is printed on; and
1349+28 (3) return the affidavits affidavit and envelopes envelope to the
1350+29 circuit court clerk after the prosecuting attorney has completed
1351+30 any proceeding resulting from the investigation of the affidavits
1352+31 affidavit and envelopes. envelope.
1353+32 SECTION 26. IC 9-14-13-2, AS ADDED BY P.L.198-2016,
1354+33 SECTION 193, IS AMENDED TO READ AS FOLLOWS
1355+34 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The bureau shall not disclose:
1356+35 (1) the Social Security number;
1357+36 (2) the federal identification number;
1358+37 (3) the driver's license number;
1359+38 (4) the digital image of the driver's license, identification card, or
1360+39 photo exempt identification card applicant;
1361+40 (5) a reproduction of the signature secured under IC 9-24-9-1,
1362+41 IC 9-24-16-2, or IC 9-24-16.5-2; or
1363+42 (6) medical or disability information;
1364+EH 1265—LS 6928/DI 144 31
1365+1 of any individual except as provided in subsection (b).
1366+2 (b) The bureau may disclose any information listed in subsection
1367+3 (a):
1368+4 (1) to a law enforcement officer;
1369+5 (2) to an agent or a designee of the department of state revenue;
1370+6 (3) for uses permitted under IC 9-14-13-7(1), IC 9-14-13-7(4),
1371+7 IC 9-14-13-7(6), and IC 9-14-13-7(9); or
1372+8 (4) for voter registration and election purposes required under
1373+9 IC 3-7, IC 3-11, or IC 9-24-2.5.
1374+10 SECTION 27. [EFFECTIVE JULY 1, 2024] (a) The amendment
1375+11 to the Constitution of the State of Indiana concerning the line of
1376+12 succession to the governor, agreed to by the One Hundred
1377+13 Twenty-Second General Assembly (P.L.176-2022) and the One
1378+14 Hundred Twenty-Third General Assembly (P.L.253-2023), shall be
1379+15 submitted to the electors of Indiana at the 2024 general election in
1380+16 the manner provided for the submission of constitutional
1381+17 amendments under IC 3.
1382+18 (b) Under Article 16, Section 1 of the Constitution of the State
1383+19 of Indiana, which requires the general assembly to submit
1384+20 constitutional amendments to the electors at the next general
1385+21 election after the general assembly agrees to the amendment
1386+22 referred to it by the last previously elected general assembly, and
1387+23 in accordance with IC 3-10-3, the general assembly prescribes the
1388+24 form in which the public question concerning the ratification of
1389+25 this state constitutional amendment must appear on the 2024
1390+26 general election ballot as follows:
1391+27 "Public Question #1
1392+28 Shall the Constitution of the State of Indiana be amended to
1393+29 remove the state superintendent of public instruction from the list
1394+30 of officeholders who shall discharge the powers and duties of the
1395+31 governor if the office of the governor and lieutenant governor are
1396+32 both vacant?".
1397+33 SECTION 28. An emergency is declared for this act.
1398+EH 1265—LS 6928/DI 144 32
1399+COMMITTEE REPORT
1400+Mr. Speaker: Your Committee on Elections and Apportionment, to
1401+which was referred House Bill 1265, has had the same under
1402+consideration and begs leave to report the same back to the House with
1403+the recommendation that said bill be amended as follows:
1404+Page 1, between the enacting clause and line 1, begin a new
1405+paragraph and insert:
1406+"SECTION 1. IC 3-5-2-10 IS AMENDED TO READ AS
1407+FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. "Chute" means the
1408+area or pathway that extends fifty (50) feet in length, radius, measured
1409+from the entrance to:
441410 (1) the polls; or
451411 (2) for purposes of early voting:
461412 (A) the office of the circuit court clerk; or
471413 (B) a satellite office of the circuit court clerk established
481414 under IC 3-11-10-26.3.
491415 If the property line of the polling place or an office described in
501416 subdivision (2) is less than fifty (50) feet from the door or entrance to
511417 the polling place or office, the chute is measured from the exterior door
521418 or entrance to the polling place or office to one-half (1/2) the distance
531419 to the property line of the polling place or office nearest to the entrance
541420 to the polls. Whenever there are two (2) or more doors or entrances to
551421 the polls, the inspector of the precinct shall designate one (1) door or
56-entrance as the door for voters to enter for the purpose of voting.
57-SECTION 3. IC 3-5-2-43.5 IS ADDED TO THE INDIANA CODE
58-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
59-UPON PASSAGE]: Sec. 43.5. "Scantron" means an optical scan
60-ballot that consists of an optical scan card that contains:
61-(1) the names of; or
62-(2) coding that indicates the names of;
63-political parties and candidates selected by the voter.
64-SECTION 4. IC 3-5-4-1.7, AS AMENDED BY P.L.227-2023,
1422+entrance as the door for voters to enter for the purpose of voting.".
1423+Page 1, between lines 7 and 8, begin a new paragraph and insert:
1424+"SECTION 3. IC 3-5-4-1.7, AS AMENDED BY P.L.227-2023,
651425 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
661426 JULY 1, 2024]: Sec. 1.7. (a) Except as otherwise expressly authorized
671427 or required under this title, a filing by a person with a commission, the
681428 election division, an election board, or a county voter registration office
691429 may not be made by fax or electronic mail.
701430 (b) This subsection does not apply to a petition of nomination
711431 described in IC 3-8-2, IC 3-8-3, or IC 3-8-6 that may be forwarded
721432 by a county voter registration official to the election division.
731433 Notwithstanding subsection (a) and except as provided in
741434 IC 3-12-5, a:
751435 (1) circuit court clerk;
761436 (2) voter registration official; or
77-HEA 1265 — CC 1 3
781437 (3) county election board;
791438 may make a filing by fax or electronic mail, if the filing is required
801439 under this title to be made with the commission or election division.
811440 (b) (c) A petition of nomination filed with a county voter
1441+EH 1265—LS 6928/DI 144 33
821442 registration office under IC 3-8-2, IC 3-8-2.5, IC 3-8-3, or IC 3-8-6 or
831443 a petition to place a public question on the ballot, or any other petition
841444 filed that requires the county voter registration office to certify the
851445 validity of signatures, may not contain the electronic signature,
861446 including a signature described in IC 26-2-8-106, digital signature,
871447 digitized signature, or photocopied signature of a voter.
881448 (c) (d) An electronic signature, digital signature, digitized signature,
891449 or photocopied signature of a candidate, campaign finance committee
901450 chairman, or campaign finance committee treasurer may be used for
91-campaign finance statements and reports filed under IC 3-9.
92-SECTION 5. IC 3-5-10-7.1, AS ADDED BY SEA 135-2024,
93-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
94-UPON PASSAGE]: Sec. 7.1. (a) A redistricting authority described in
95-section 7(a)(1) of this chapter that did not redistrict election districts or
96-did not recertify existing districts following the 2020 decennial census,
97-shall:
98-(1) after January 1, 2025, and before June 30, 2025, November
99-1, 2025, redistrict election districts for an office that is on the
100-ballot during the 2024 general election; or
101-(2) before June 30, 2025: November 1, 2025:
102-(A) recertify existing districts under section 8 of this chapter;
103-or
104-(B) redistrict election districts for an office that is not on the
105-ballot during the 2024 general election.
106-(b) Redistricting or recertifying under this section must be based on
107-the 2020 decennial census.
108-(c) A member of a redistricting authority described in subsection (a)
109-that fails to:
110-(1) redistrict election districts; or
111-(2) recertify existing districts under section 8 of this chapter;
112-before June 30, 2025, shall not be entitled to receive payment of any
113-salary or fees, as fixed by law, until the redistricting authority complies
114-with subsection (a).
115-(d) This section expires July 1, 2025. 2026.
116-SECTION 6. IC 3-6-5-17.3 IS ADDED TO THE INDIANA CODE
117-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
118-1, 2024]: Sec. 17.3. The county election board of a county that is not
119-designated as a vote center county under IC 3-11-18.1 must
120-HEA 1265 — CC 1 4
121-establish a plan that specifies the method and timing of providing
122-absentee reports to persons who are entitled to receive the reports
123-under this title. Absentee reports must be provided to all persons
124-entitled to the reports without unreasonable delay.
125-SECTION 7. IC 3-7-27-6, AS AMENDED BY P.L.128-2015,
126-SECTION 106, IS AMENDED TO READ AS FOLLOWS
127-[EFFECTIVE UPON PASSAGE]: Sec. 6. (a) As required under 52
128-U.S.C. 20507(i), a county voter registration office shall retain records
129-concerning the implementation of programs and activities conducted
130-for the purpose of ensuring the accuracy and currency of the voter
131-registration list. These records include the following:
132-(1) Lists of names and addresses of voters who were sent notices
133-under the voter list maintenance program.
134-(2) Information concerning whether a voter has responded to a
135-notice described by subdivision (1) as of the date the inspection
136-of the record is made.
137-(b) The county voter registration office shall retain the records
138-described by this section for at least two (2) years. Except for records
139-concerning declinations to register to vote or that indicate the identity
140-of a voter registration agency where a person registered, the county
141-voter registration office shall make the records available for public
142-inspection and photocopying at a reasonable cost as provided in
143-IC 5-14-3.
144-(c) In accordance with IC 5-14-3-3(h) and notwithstanding any other
145-statute, a county voter registration office shall, with regard to voter
146-registration information concerning voters of the county on a
147-computerized system, act in accordance with a nondiscriminatory
148-uniform policy adopted by the county election board. The policy must:
149-(1) apply to all records maintained in the computerized list,
150-including election administration records and absentee
151-activity reports; and
152-(2) either:
153-(A) permit a person to duplicate or obtain a duplicate copy of
154-a computer disc or other similar record system that contains
155-this voter registration information; or
156-(B) not permit the person to duplicate or obtain a duplicate
157-copy of the information.
158-Notwithstanding IC 5-14-3-8, the county election board may adopt a
159-nondiscriminatory uniform fee for the production of this electronic
160-record.
161-(d) A person who requests computerized voter registration
162-information under subsection (c) must provide a written statement that
163-HEA 1265 — CC 1 5
164-the person will not:
165-(1) use the information to solicit merchandise, goods, services, or
166-subscriptions; or
167-(2) sell, loan, give away, or otherwise deliver the information
168-obtained by the request to any other person;
169-for a purpose other than political activities or political fundraising
170-activities.
171-(e) Publication of information obtained under subsection (d) in a
172-news broadcast or newspaper is not prohibited.
173-SECTION 8. IC 3-7-38.2-4, AS AMENDED BY P.L.71-2019,
1451+campaign finance statements and reports filed under IC 3-9.".
1452+Page 3, delete lines 6 through 32, begin a new paragraph and insert:
1453+"SECTION 6. IC 3-7-38.2-4, AS AMENDED BY P.L.71-2019,
1741454 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1751455 JULY 1, 2024]: Sec. 4. (a) As provided under 52 U.S.C.
1761456 20507(c)(2)(B)(ii), this chapter does not prevent the correction of voter
1771457 registration records under this article.
1781458 (b) This subsection applies to a voter registration record The NVRA
1791459 official shall, at least once each calendar year, review and identify
1801460 voter registration records that does do not contain a date of birth or
1811461 contains contain a date of birth that is at least one hundred fifteen
1821462 (115) years or more before the date of the request. review.
1831463 (c) The election division shall request that the bureau of motor
1841464 vehicles provide the election division with any information kept by the
1851465 bureau of motor vehicles that sets forth the date of birth of the a voter
1861466 identified by the NVRA official. If the election division receives date
1871467 of birth information under this subsection, the election division shall
1881468 forward the information to the appropriate county voter registration
1891469 office.
1901470 (d) The NVRA official shall send to the voter registration offices
1911471 the names of voters associated with a voter registration record
1921472 identified under subsection (b).
1931473 (e) The county voter registration office shall:
1941474 (1) determine if the information applies to the voter registration
1951475 record that does not contain a date of birth or contains a date of
1961476 birth that is at least one hundred fifteen (115) years or more
1971477 before the date of the request; and
1981478 (2) if the information applies, amend the voter registration record
1991479 to contain the correct date of birth and document the source of the
200-information in the computerized list.
201-SECTION 9. IC 3-10-1-31.1, AS AMENDED BY P.L.131-2022,
202-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
203-JULY 1, 2024]: Sec. 31.1. (a) The inspector of each precinct shall
204-deliver the bags required by section 30(a) and 30(c) of this chapter in
205-good condition, together with poll lists, tally sheets, and other forms,
206-HEA 1265 — CC 1 6
207-to the circuit court clerk when making returns.
208-(b) Except for unused ballots disposed of under IC 3-11-3-31 or the
209-copies of the affidavits received by the county election board under
210-IC 3-14-5-2 for delivery to the foreman of a grand jury, prosecuting
211-attorney, the circuit court clerk shall seal the ballots (including
212-provisional ballots) and other material (including election material
213-related to provisional ballots) during the time allowed to file a verified
214-petition or cross-petition for a recount of votes or to contest the
215-election. Except as provided in subsection (c) and notwithstanding any
216-other provision of state law, after the recount or contest filing period,
217-the election material, including election material related to provisional
218-ballots (except for ballots and provisional ballots, which remain
219-confidential) shall be made available for copying and inspection under
220-IC 5-14-3. The circuit court clerk shall carefully preserve the sealed
221-ballots and other material for twenty-two (22) months, as required by
222-52 U.S.C. 20701, after which the sealed ballots and other material are
223-subject to IC 5-15-6 unless an order issued under:
224-(1) IC 3-12-6-19 or IC 3-12-11-16; or
225-(2) 52 U.S.C. 10301;
226-requires the continued preservation of the ballots or other material.
227-(c) If a petition for a recount or contest is filed, the material for that
228-election remains confidential until completion of the recount or contest.
229-(d) Upon delivery of the poll lists, the county voter registration
230-office shall unseal the envelopes containing the poll lists, inspect the
231-poll lists, and update the registration records of the county. The county
232-voter registration office shall use the poll lists and information on
233-affidavits executed under IC 3-10-10, IC 3-10-11, or IC 3-10-12 to
234-update the registration record to include the voter's voter identification
235-number if the voter's voter identification number is not already
236-included in the registration record. Upon completion of the inspection,
237-the poll list and affidavits shall be preserved with the ballots and other
238-materials in the manner prescribed by subsection (b) for the period
239-prescribed by subsections (b) and (c).
240-(e) In addition to the poll lists described in subsection (d), the
241-county voter registration office shall use the affidavits described by
242-IC 3-10-10-7, IC 3-10-11-4, and IC 3-10-12-3.4 to update the
243-registration records of the county as soon as the affidavits are delivered
244-to the county voter registration office.
245-(f) The county voter registration office shall retain a voter's paper
246-registration records associated with the address at which the voter is
247-registered to vote until all of the following are satisfied:
248-(1) The voter's registration at the address stated in the voter's
249-HEA 1265 — CC 1 7
250-registration application has been canceled.
251-(2) The general election immediately following the cancellation
252-of the voter's registration under subdivision (1) has occurred.
253-(3) Twenty-four (24) months have elapsed following the general
254-election described in subdivision (2).
255-(g) This subsection does not apply to ballots, including provisional
256-ballots. Notwithstanding subsection (b), if a county voter registration
257-office determines that the inspection and copying of precinct election
258-material would reveal the political parties, candidates, and public
259-questions for which an individual cast an absentee ballot, the county
260-voter registration office shall keep confidential only that part of the
261-election material necessary to protect the secrecy of the voter's ballot.
262-In addition, the county voter registration office shall keep confidential
263-information contained in material related to provisional ballots that
264-identifies an individual, except for the individual's name, address, and
265-birth date.
266-(h) After the expiration of the period described in subsection (b) or
267-(c), the ballots may be destroyed in the manner provided by
268-IC 3-11-3-31 or transferred to a state educational institution as
269-provided by IC 3-12-2-12.
270-(i) This subsection applies to a detachable recording unit or
271-compartment used to record a ballot cast on a direct record electronic
272-voting system. After the time allowed to file a verified petition or
273-cross-petition for a recount of votes or to contest the election, the
274-circuit court clerk shall transfer the data contained in the unit or
275-compartment to a disc or other recording medium. After transferring
276-the data, the clerk may clear or erase the unit or compartment. The
277-circuit court clerk shall carefully preserve the disc or medium used to
278-record the data for twenty-two (22) months, as required by 52 U.S.C.
279-20701, after which time the disc or medium may be erased or
280-destroyed, subject to IC 5-15-6, unless an order requiring the continued
281-preservation of the disc or medium is issued under the following:
282-(1) IC 3-12-6-19.
283-(2) IC 3-12-11-16.
284-(3) 52 U.S.C. 10301.
285-(j) This subsection applies to a county using an electronic poll book.
286-After each election, the county shall save all data recorded on the
287-electronic poll book and any information stored on the dedicated,
288-private server required under IC 3-11-8-10.3(b)(4). The circuit court
289-clerk shall carefully preserve the disc or medium used to record the
290-data for twenty-two (22) months, as required by 52 U.S.C. 20701, after
291-which time the data may be erased or destroyed, subject to IC 5-15-6,
292-HEA 1265 — CC 1 8
293-unless an order requiring the continued preservation of the data is
294-issued under the following:
295-(1) IC 3-12-6-19.
296-(2) IC 3-12-11-16.
297-(3) 52 U.S.C. 10301.
298-(k) This section does not prohibit county election officials from
299-performing post-election audits, as authorized by statute.
300-(l) This section does not prohibit county election officials from
1480+information in the computerized list.".
1481+Page 3, line 39, after "or" insert "the copies of the".
1482+Page 6, between lines 2 and 3, begin new paragraph and insert:
1483+"(l) This section does not prohibit county election officials from
1484+EH 1265—LS 6928/DI 144 34
3011485 performing a duty under IC 3-11.7.
302-SECTION 10. IC 3-11-2-12.3, AS ADDED BY P.L.227-2023,
1486+SECTION 8. IC 3-11-2-12.3, AS ADDED BY P.L.227-2023,
3031487 SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3041488 UPON PASSAGE]: Sec. 12.3. (a) This section does not apply to a
3051489 political party office printed on a primary ballot.
3061490 (b) A ballot must be arranged so that all candidates for the same
307-office appear on the same page or screen of the ballot.
308-SECTION 11. IC 3-11-4-3, AS AMENDED BY P.L.170-2023,
309-SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
310-UPON PASSAGE]: Sec. 3. (a) For purposes of this section, "clerk"
311-means:
312-(1) the circuit court clerk; or
313-(2) in a county subject to IC 3-6-5.2 or IC 3-6-5.6, the director
314-of the board of elections and registration.
315-(a) (b) Except as provided in subsection (c) (e) and section 6 of this
316-chapter, an absentee ballot application for an absentee ballot must be
317-received by the circuit court clerk (or, in a county subject to IC 3-6-5.2
318-or IC 3-6-5.6, the director of the board of elections and registration) not
319-earlier than the date the registration period resumes under
320-IC 3-7-13-10. nor later than
321-(c) An absentee ballot application must be received by the clerk
322-not later than the following:
323-(1) Noon on election day if the voter registers to vote under
324-IC 3-7-36-14.
325-(2) Noon on the day before election day if the voter:
326-(A) completes the application in the office of the circuit court
327-clerk under IC 3-11-10-26; or
328-(B) is an absent uniformed services voter or overseas voter
329-who requests that the ballot be transmitted by electronic mail
330-or fax under section 6(h) of this chapter.
331-(3) Noon on the day before election day if:
332-(A) the application is mailed, transmitted by electronic mail or
333-fax, or hand delivered from a confined voter or voter caring for
334-a confined person; and
335-HEA 1265 — CC 1 9
336-(B) the applicant requests that the absentee ballots be
337-delivered to the applicant by an absentee voter board under
338-IC 3-11-10-25.
339-(4) 11:59 p.m. twelve (12) days before election day if the
340-application is:
341-(A) a mailed application;
342-(B) transmitted by electronic mail;
343-(C) transmitted by fax; or
344-(D) hand delivered;
345-from other voters who request to vote by mail under
346-IC 3-11-10-24 or for a voter with print disabilities to vote by
347-electronic mail or fax under section 6(h) of this chapter.
348-(b) (d) An application for an absentee ballot received by the election
349-division by the time and date specified by subsection (a)(2)(B), (a)(3),
350-(c)(2)(B), (c)(3), or (a)(4) (c)(4) is considered to have been timely
351-received for purposes of processing by the county. The election
352-division shall immediately transmit the application to the circuit court
353-clerk or the director of the board of elections and registration, of the
354-county where the applicant resides. The election division is not
355-required to complete or file the affidavit required under section 2(m)
356-of this chapter whenever the election division transmits an application
357-under this subsection.
358-(c) (e) If the circuit court clerk receives an absentee ballot
359-application for a voter that is not registered to vote in the county where
360-the clerk serves, the clerk shall forward the application, on an
361-expedited basis, to the circuit court clerk of the county where the voter
362-is registered to vote. The circuit court clerk that receives the
363-application on an expedited basis shall consider the application as filed
364-on the date and time it was filed with the clerk that forwarded the
365-application.
366-(d) (f) An application for an absentee ballot for the election may not
367-be received by the circuit court clerk (or, in a county subject to
368-IC 3-6-5.2 or IC 3-6-5.6, the director of the board of elections and
369-registration) earlier than before December 1 of the year before the
370-election.
371-SECTION 12. IC 3-11-4-6, AS AMENDED BY P.L.227-2023,
372-SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
373-UPON PASSAGE]: Sec. 6. (a) This section applies, notwithstanding
374-any other provision of this title, to absentee ballot applications for the
375-following:
376-(1) An absent uniformed services voter.
377-(2) An address confidentiality program participant (as defined in
378-HEA 1265 — CC 1 10
379-IC 5-26.5-1-6).
380-(3) An overseas voter.
381-(4) A voter with print disabilities.
382-(b) A county election board shall make blank absentee ballot
383-applications available for persons covered by this section. Except as
384-provided in section 3(d) 3(f) of this chapter, a person may apply for an
385-absentee ballot at any time after the registration period resumes under
386-IC 3-7-13-10.
387-(c) A person covered by this section may apply for an absentee
388-ballot for the next scheduled primary, general, or special election by
389-filing either of the following:
390-(1) A combined absentee registration form and absentee ballot
391-request approved under 52 U.S.C. 20301(b)(2).
392-(2) A form prescribed under IC 3-5-4-8 that identifies the
393-applicant as an absent uniformed services voter, an overseas
394-voter, or a voter with print disabilities. A form prescribed under
395-this subdivision must permit the applicant to designate whether
396-the applicant wishes to receive the absentee ballot by electronic
397-mail, fax, or United States mail.
398-(d) If the county election board receives an absentee ballot
399-application from a person described by subsection (c), the circuit court
400-clerk shall mail to the person, free of postage as provided by 39 U.S.C.
401-3406, all ballots for the election immediately upon receipt of the ballots
402-under section 15 of this chapter, unless the person has indicated under
403-subsection (c) that the person wishes to receive the absentee ballot by
404-electronic mail or fax.
405-(e) Whenever a voter files an application for an absentee ballot and
406-indicates on the application that the voter is an absent uniformed
407-services voter, an overseas voter, or a voter with print disabilities, the
408-application is an adequate application for an absentee ballot for an
409-election conducted during the period that ends on December 31
410-following the date the application is filed, unless an absentee ballot
411-mailed to the voter at the address set forth in the application is returned
412-to the county election board during that period as undeliverable. The
413-circuit court clerk and county election board shall process this
414-application and send general election absentee ballots to the voter in
415-the same manner as other general election and special election absentee
416-ballot applications and ballots are processed and sent under this
417-chapter. If a voter entitled to receive an absentee ballot under this
418-subsection subsequently files a voter registration application for a
419-change of address within the same county or for a change of name or
420-other information set forth in the voter's registration record, the
421-HEA 1265 — CC 1 11
422-previously approved absentee ballot application remains effective for
423-the same period, unless the acknowledgment notice sent to the voter at
424-that address is returned by the United States Postal Service due to an
425-unknown or insufficient address in accordance with IC 3-7-33-5. If a
426-voter entitled to receive an absentee ballot under this subsection
427-subsequently files a voter registration application for an address that is
428-not located in the same county, the voter must file a new absentee
429-ballot application under this section with the appropriate county
430-election board.
431-(f) Whenever a voter described in subsection (a)(2) files an
432-application for a primary election absentee ballot and indicates on the
433-application that the voter is an address confidentiality program
434-participant, the application is an adequate application for a general
435-election absentee ballot under this chapter and an absentee ballot for a
436-special election conducted during the period that ends on December 31
437-following the date the application is filed. The circuit court clerk and
438-county election board shall process this application and send general
439-election and special election absentee ballots to the voter in the same
440-manner as other general election and special election absentee ballot
441-applications and ballots are processed and sent under this chapter.
442-(g) The name, address, telephone number, and any other identifying
443-information relating to a program participant (as defined in
444-IC 5-26.5-1-6) in the address confidentiality program, as contained in
445-a voting registration record, is declared confidential for purposes of
446-IC 5-14-3-4(a)(1). The county voter registration office may not disclose
447-for public inspection or copying a name, an address, a telephone
448-number, or any other information described in this subsection, as
449-contained in a voting registration record, except as follows:
450-(1) To a law enforcement agency, upon request.
451-(2) As directed by a court order.
452-(h) The county election board shall by fax or electronic mail
453-transmit an absentee ballot to and receive an absentee ballot from an
454-absent uniformed services voter, an overseas voter, or a voter with print
455-disabilities by electronic mail or fax at the request of the voter
456-indicated in the application filed under this section. If the voter wants
457-to submit absentee ballots by fax or electronic mail, the voter must
458-separately sign and date a statement submitted with the electronic mail
459-or the fax transmission that states substantively the following: "I
460-understand that by faxing or e-mailing my voted ballot I am voluntarily
461-waiving my right to a secret ballot.".
462-(i) The county election board shall send confirmation to a voter
463-described in subsection (h) that the voter's absentee ballot has been
464-HEA 1265 — CC 1 12
465-received as follows:
466-(1) If the voter provides a fax number to which a confirmation
467-may be sent, the county election board shall send the confirmation
468-to the voter at the fax number provided by the voter.
469-(2) If the voter provides an electronic mail address to which a
470-confirmation may be sent, the county election board shall send the
471-confirmation to the voter at the electronic mail address provided
472-by the voter.
473-(3) If:
474-(A) the voter does not provide a fax number or an electronic
475-mail address; or
476-(B) the number or address provided does not permit the board
477-to send the confirmation not later than the end of the first
478-business day after the board receives the voter's absentee
479-ballot;
480-the county election board shall send the confirmation by United
481-States mail.
482-The county election board shall send the confirmation required by this
483-subsection not later than the end of the first business day after the
484-county election board receives the voter's absentee ballot.
485-(j) Upon approval of the voter's absentee ballot application, a county
486-election board shall transmit an absentee ballot to an absent uniformed
487-services voter or an overseas voter by electronic mail under a program
488-authorized and administered by the Federal Voting Assistance Program
489-of the United States Department of Defense or directly to the voter at
490-the voter's electronic mail address, if requested to do so by the voter. A
491-voter described by this section may transmit the voted absentee ballot
492-to a county election board by electronic mail. If a voter described in
493-this section transmits the voted absentee ballot through the United
494-States Department of Defense program, the ballot must be transmitted
495-in accordance with the procedures established under that program. An
496-electronic mail message transmitting a voted absentee ballot under this
497-subsection must include a digital image of the voter's signature on the
498-statement required under subsection (h).
499-(k) The secretary of state, with the approval of the election division,
500-shall develop a system that complies with the Web Content Guidelines.
501-SECTION 13. IC 3-11-4-17.6, AS ADDED BY P.L.140-2023,
502-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
503-UPON PASSAGE]: Sec. 17.6. (a) For purposes of this section, "clerk"
504-means:
505-(1) the circuit court clerk; or
506-(2) in a county subject to IC 3-6-5.2 or IC 3-6-5.6, the director of
507-HEA 1265 — CC 1 13
508-the board of elections and registration.
509-(b) This subsection applies to an application to receive an absentee
510-ballot by mail under IC 3-11-10-24 that is received by the clerk more
511-than twelve (12) or more days before election day. If the clerk
512-determines that the application does not fully comply with the
513-requirements of this title, the clerk shall transmit the following to the
514-applicant:
515-(1) An application for an absentee ballot.
516-(2) A written notice prescribed by the election division under
517-IC 3-5-4-8 that includes:
518-(A) a brief explanation of each defect in the noncompliant
519-application;
520-(B) a statement informing the voter that the voter is not
521-entitled to vote before election day by absentee ballot unless
522-the application complies with all legal requirements; and
523-(C) instructions for submitting a second application for an
524-absentee ballot.
525-(c) This subsection applies to an application to receive an absentee
526-ballot by mail under IC 3-11-10-24 that is received by the clerk:
527-(1) after 11:59 p.m. twelve (12) days before election day; and
528-(2) before noon on the day before election day.
529-If the clerk determines that the application does not fully comply with
530-the requirements of this title, the clerk shall transmit to the applicant a
531-written notice that includes the information described by subsection
532-(b)(2)(A) through (b)(2)(B). If applicable, the notice must also include
533-a statement that the application was late.
534-(d) This subsection applies to a voter who submits a defective
535-application to receive an absentee ballot that is received by the clerk
536-before the deadline for receipt of absentee ballots under section 3 of
537-this chapter. Notwithstanding the requirement under IC 3-11-10-25(e)
538-for prior unanimous approval by the county election board, the clerk
539-may:
540-(1) deliver a second absentee application in person to a voter
541-described by this subsection;
542-(2) approve the second absentee application if the clerk
543-determines that each defect in the first absentee application has
544-been corrected; and
545-(3) if accompanied by an absentee voter board, provide the
546-absentee ballot to the voter.
547-(e) After receiving the ballot under subsection (d), the voter may
548-return the voted absentee ballot:
549-(1) in person to the absentee voter board; or
550-HEA 1265 — CC 1 14
551-(2) to the county election board;
552-before the deadline for receipt of absentee ballots under
553-IC 3-11.5-4-10.
554-(f) If a clerk uses the procedure described in subsection (d), the
555-procedure must be applied uniformly to all applications covered by
556-subsection (d).
557-SECTION 14. IC 3-11-8-15, AS AMENDED BY P.L.227-2023,
1491+office appear on the same page or screen of the ballot.".
1492+Page 6, line 17, delete "before" and insert "not later than".
1493+Page 6, line 33, reset in roman "11:59 p.m. twelve (12)".
1494+Page 6, line 33, delete "Eleven (11)".
1495+Page 11, line 7, reset in roman "after 11:59 p.m. twelve (12)".
1496+Page 11, line 7, delete "beginning eleven (11)".
1497+Page 11, between lines 36 and 37, begin a new paragraph and insert:
1498+"SECTION 12. IC 3-11-8-15, AS AMENDED BY P.L.227-2023,
5581499 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5591500 UPON PASSAGE]: Sec. 15. (a) Only the following persons are
5601501 permitted in the polls during an election:
5611502 (1) Members of a precinct election board.
5621503 (2) Poll clerks and assistant poll clerks.
5631504 (3) Election sheriffs.
5641505 (4) Deputy election commissioners.
5651506 (5) Pollbook holders and challengers.
5661507 (6) Watchers.
5671508 (7) Voters for the purposes of voting.
5681509 (8) Minor children accompanying voters as provided under
5691510 IC 3-11-11-8.
5701511 (9) An assistant to a precinct election officer appointed under
5711512 IC 3-6-6-39.
5721513 (10) An individual authorized to assist a voter in accordance with
5731514 IC 3-11-9.
5741515 (11) A member of a county election board, acting on behalf of the
5751516 board.
5761517 (12) A technician authorized to act on behalf of a county election
5771518 board to repair a voting system (if the technician bears credentials
5781519 signed by each member of the board).
5791520 (13) Either of the following who have been issued credentials
5801521 signed by the members of the county election board:
5811522 (A) The county chairman of a political party.
5821523 (B) The county vice chairman of a political party.
5831524 However, a county chairman or a county vice chairman who is a
5841525 candidate for nomination or election to office at the election may
5851526 not enter the polls under this subdivision.
1527+EH 1265—LS 6928/DI 144 35
5861528 (14) The secretary of state, as chief election officer of the state,
5871529 unless the individual serving as secretary of state is a candidate
5881530 for nomination or election to an office at the election.
5891531 (15) A person credentialed by the Indiana protection and
5901532 advocacy services commission to conduct activities for the
5911533 protection and advocacy for voting access program provided
5921534 under 52 U.S.C. 21061.
593-HEA 1265 — CC 1 15
5941535 (b) Except for an individual described in subsection (a)(8) or
5951536 (a)(10), an individual must be a citizen of the United States to be
5961537 permitted in the polls during an election.
5971538 (c) The secretary of state may exempt an individual from the
5981539 requirement to be a United States citizen.
5991540 (d) This subsection applies to a simulated election for minors
6001541 conducted with the authorization of the county election board. An
6011542 individual participating in the simulated election may be in the polls for
6021543 the purpose of voting. A person supervising the simulated election may
6031544 be in the polls to perform the supervision.
6041545 (e) The inspector of a precinct has authority over all simulated
6051546 election activities conducted under subsection (d) and shall ensure that
6061547 the simulated election activities do not interfere with the election
6071548 conducted in that polling place.
6081549 (f) A person described in subsection (a)(15) must carry an
6091550 identification card that clearly states the following:
6101551 (1) The name of the individual carrying the identification
6111552 card.
6121553 (2) A statement that the person is credentialed by the Indiana
6131554 protection and advocacy services commission to enter the
6141555 polling location.
6151556 (3) A brief statement that the individual is conducting
616-activities provided under federal law.
617-SECTION 15. IC 3-11-10-26.3, AS AMENDED BY P.L.169-2015,
618-SECTION 123, IS AMENDED TO READ AS FOLLOWS
619-[EFFECTIVE JULY 1, 2024]: Sec. 26.3. (a) A county election board
620-may adopt a resolution to authorize the circuit court clerk to establish
621-satellite offices in the county where voters may cast absentee ballots
622-before an absentee voter board.
623-(b) To be adopted under this section, a resolution must be adopted
624-by the unanimous vote of the board's entire membership.
625-(c) A resolution adopted under this section must do the following:
626-(1) State the locations of the satellite offices.
627-(2) State the hours at which absentee voting may occur at the
628-satellite offices.
629-(d) The resolution may contain other provisions the board considers
630-useful.
631-(e) If a resolution is adopted under this section for a primary
632-election, the following apply:
633-(1) Except as provided in subdivision (2), the locations of the
634-satellite offices and the hours at which absentee voting may occur
635-at the satellite offices established for the primary election must be
636-HEA 1265 — CC 1 16
637-used for the subsequent general or municipal election.
638-(2) The board may, by unanimous vote of the board's entire
639-membership, amend the resolution to modify, for the
640-subsequent general or municipal election:
641-(A) the locations of the satellite offices; and
642-(B) the hours at which absentee voting may occur at the
643-satellite offices.
644-A board in a county designated as a vote center county under
645-IC 3-11-18.1 that amends a resolution under subdivision (2) shall
646-also amend its plan under IC 3-11-18.1-15 to conform to the
647-amendment.
648-(f) If a resolution is adopted under this section, the procedure for
649-casting an absentee ballot at a satellite office must, except as provided
650-in this section, be substantially the same as the procedure for casting an
651-absentee ballot in the office of the circuit court clerk under section 26
652-of this chapter.
653-(g) A voter casting an absentee ballot under this section is entitled
654-to cast the voter's ballot in accordance with IC 3-11-9.
655-(h) A satellite office established by a circuit court clerk under this
656-section must comply with the polling place accessibility requirements
657-of IC 3-11-8.
658-(i) A resolution adopted under this section expires January 1 of the
659-year immediately after the year in which the resolution is adopted.
660-SECTION 16. IC 3-11-10-29, AS AMENDED BY P.L.109-2021,
661-SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
662-UPON PASSAGE]: Sec. 29. (a) The envelope required by section 28
663-of this chapter must bear upon its face a printed affidavit containing the
664-voter's affirmation under penalties of perjury that the following
665-information is true:
666-The voter must indicate the voter's precinct and township (or ward
667-and city or town) and indicate whether the voter is entitled to vote
668-as a resident of the precinct or is entitled to vote under IC 3-10-11
669-or IC 3-10-12.
670-(b) The voter must sign and date the affidavit. and After the voter
671-has signed and dated the affidavit, the absentee voter board members
672-each must sign the affidavit and print the member's name.
673-(c) The absentee voter board must indicate on the affidavit if:
674-(1) the board visited the voter in the manner authorized under
675-section 25(b) of this chapter; and
676-(2) the voter was a voter with disabilities who was unable to make
677-a voting mark on the ballot or sign the absentee ballot secrecy
678-envelope under section 24(d) of this chapter.
679-HEA 1265 — CC 1 17
680-SECTION 17. IC 3-11-18.1-15, AS AMENDED BY P.L.170-2019,
1557+activities provided under federal law.".
1558+Page 13, between lines 13 and 14, begin a new paragraph and insert:
1559+"SECTION 15. IC 3-11-18.1-15, AS AMENDED BY P.L.170-2019,
6811560 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6821561 JULY 1, 2024]: Sec. 15. (a) A county may amend a plan adopted with
6831562 a county election board's order under section 3 of this chapter.
6841563 (b) For a county to amend its plan:
6851564 (1) the county election board or board of elections and
6861565 registration, by unanimous vote of the entire membership of the
6871566 board, must approve the plan amendment;
6881567 (2) all members of the board must sign the amendment; and
6891568 (3) the amendment must be filed with the election division.
6901569 (c) A plan amendment takes effect immediately upon filing with the
1570+EH 1265—LS 6928/DI 144 36
6911571 election division, unless otherwise specified by the county election
6921572 board.
6931573 (d) A plan amendment may be filed with the election division by
694-fax or electronic mail.
695-SECTION 18. IC 3-11.5-4-13, AS AMENDED BY P.L.227-2023,
696-SECTION 116, IS AMENDED TO READ AS FOLLOWS
697-[EFFECTIVE UPON PASSAGE]: Sec. 13. (a) If the absentee ballot
698-counters find under section 11 of this chapter that any of the following
699-applies, the ballots shall be rejected:
700-(1) The affidavit is insufficient or that the ballot has not been
701-endorsed with the initials of:
702-(A) the two (2) members of the absentee voter board in the
703-office of the clerk of the circuit court under IC 3-11-4-19 or
704-IC 3-11-10-27;
705-(B) the two (2) members of the absentee voter board visiting
706-the voter under IC 3-11-10-25; or
707-(C) the two (2) appointed members of the county election
708-board or their designated representatives under IC 3-11-4-19.
709-A scantron complies with the endorsement requirement under
710-this subdivision if the scantron is endorsed with the initials of
711-two (2) members under clause (A), (B), or (C).
712-(2) The signatures do not correspond or there is no signature, and
713-the signature mismatch or missing signature is not cured by the
714-deadline established under section 13.5 or 13.6 of this chapter.
715-(3) The absentee voter is not a qualified voter in the precinct.
716-(4) The absentee voter has voted in person at the election.
717-(5) The absentee voter has not registered.
718-(6) The ballot is open or has been opened and resealed. This
719-subdivision does not permit an absentee ballot transmitted by fax
720-or electronic mail under IC 3-11-4-6 to be rejected because the
721-ballot was sealed in the absentee ballot envelope by the individual
722-HEA 1265 — CC 1 18
723-designated by the circuit court to receive absentee ballots
724-transmitted by fax or electronic mail.
725-(7) The ballot envelope contains more than one (1) ballot of any
726-kind for the same office or public question.
727-(8) In case of a primary election, if the absentee voter has not
728-previously voted, the voter failed to execute the proper
729-declaration relative to age and qualifications and the political
730-party with which the voter intends to affiliate.
731-(9) The ballot has been challenged and there is no absentee ballot
732-application from the voter to support the absentee ballot.
733-(b) Subsection (c) applies whenever a voter with a disability is
734-unable to make a signature:
735-(1) on an absentee ballot application that corresponds to the
736-voter's signature in the records of the county voter registration
737-office; or
738-(2) on an absentee ballot security envelope that corresponds with
739-the voter's signature:
740-(A) in the records of the county voter registration office; or
741-(B) on the absentee ballot application.
742-(c) The voter may request that the voter's signature or mark be
743-attested to by any of the following:
744-(1) The absentee voter board under section 22 of this chapter.
745-(2) A member of the voter's household.
746-(3) An individual serving as attorney in fact for the voter.
747-(d) An attestation under subsection (c) provides an adequate basis
748-for the absentee ballot counters to determine that a signature or mark
749-complies with subsection (a)(2).
750-(e) If the absentee ballot counters are unable to agree on a finding
751-described under this section or section 12 of this chapter, the county
752-election board shall make the finding.
753-(f) This subsection does not apply to an absentee ballot rejected
754-under this section based on a finding that the voter's signature on the
755-absentee ballot security envelope affidavit does not correspond to any
756-signature on the voter's absentee ballot application. The absentee ballot
757-counters or county election board shall issue a certificate to a voter
758-whose ballot has been rejected under this section if the voter appears
759-in person before the board not later than 5 p.m. on election day. The
760-certificate must state that the voter's absentee ballot has been rejected
761-and that the voter may vote in person under section 21 of this chapter
762-if otherwise qualified to vote.
763-SECTION 19. IC 3-11.5-4-13.5, AS ADDED BY P.L.109-2021,
1574+fax or electronic mail.".
1575+Page 14, between lines 38 and 39, begin a new paragraph and insert:
1576+"SECTION 17. IC 3-11.5-4-13.5, AS ADDED BY P.L.109-2021,
7641577 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
765-HEA 1265 — CC 1 19
7661578 JULY 1, 2024]: Sec. 13.5. (a) This section applies to an absentee ballot
7671579 where there is a finding that the voter's signature on the absentee ballot
7681580 security envelope affidavit does not correspond to the signature on the
7691581 voter's absentee ballot application or electronic poll book, or any
7701582 signature by the voter maintained in the statewide voter registration
7711583 system.
7721584 (b) If the absentee voter board, the absentee ballot counters, or the
7731585 county election board determine that a voter's signature on the absentee
7741586 ballot security envelope affidavit does not correspond to:
7751587 (1) the voter's signature on the absentee ballot application;
7761588 (2) the voter's signature on the electronic poll book; or
7771589 (3) any signature of the voter maintained in the statewide voter
7781590 registration system;
7791591 the absentee ballot security envelope shall not be opened and the ballot
7801592 shall not be counted.
7811593 (c) The absentee voter board, the absentee ballot counters, or the
7821594 county election board shall write the date and cause of the mismatched
7831595 signature on the face of the security envelope after completing the
7841596 procedures set forth in this section.
7851597 (d) The county election board or board of elections and registration
7861598 shall send a notice produced from the computerized system established
7871599 by IC 3-7-26.3 to the voter of the determination of the absentee voter
7881600 board, absentee ballot counters, county election board, or board of
7891601 elections and registration that an absentee ballot signature mismatch
7901602 has occurred. The county election board shall:
7911603 (1) either:
7921604 (A) hand deliver the notice; or
7931605 (B) mail the notice by first class United States mail;
7941606 to the registration address of the voter;
7951607 (2) send the notice by electronic mail to the voter if an electronic
7961608 mail address for the voter is available; and
7971609 (3) call the voter by telephone to provide notice of the signature
7981610 mismatch determination, if a telephone number for the voter is
7991611 available;
8001612 not later than the close of business two (2) business days after the
1613+EH 1265—LS 6928/DI 144 37
8011614 signature mismatch determination by the county occurs. If a county
8021615 election board is unable to produce the notice from the
8031616 computerized list, the county election board may send the notice
8041617 provided by the election division.
8051618 (e) If:
8061619 (1) the county election board does not provide the voter with
8071620 the notice described in subsection (d) before the close of
808-HEA 1265 — CC 1 20
8091621 business two (2) business days after the signature mismatch is
8101622 determined; and
8111623 (2) the voter learns that the notice described in subsection (d)
8121624 should have been provided;
8131625 the voter or a representative of the voter may request the notice
8141626 described in subsection (d) from the county election board or the
8151627 election division.
8161628 (f) An absentee ballot sealed inside an absentee ballot security
8171629 envelope affidavit with a signature mismatch shall be treated as a
8181630 provisional ballot under IC 3-11.7. The signature mismatch may be
8191631 cured under this section and the absentee ballot counted if the ballot is
8201632 otherwise valid.
8211633 (f) (g) A voter notified by the county election board or board of
8221634 elections and registration under subsection (d) must verify the voter's
8231635 signature under this section on:
8241636 (1) the absentee ballot security envelope affidavit;
8251637 (2) the absentee ballot application or electronic poll book; or
8261638 (3) both;
8271639 by filing an affidavit with the county election board or board of
8281640 elections and registration not later than noon, prevailing local time,
8291641 eight (8) days after election day.
8301642 (g) (h) The notice under subsection (d) is subject to IC 3-5-4-8 and
8311643 must contain the following information:
8321644 (1) A statement from the county election board or board of
8331645 elections and registration notifying the voter that the county has
8341646 determined that a signature mismatch has occurred between the
8351647 signature of the voter on the absentee ballot security envelope
8361648 affidavit and the voter's signature on the absentee ballot
8371649 application or electronic poll book, or any signature made by the
8381650 voter on file in the statewide voter registration system.
8391651 (2) A statement that the voter's absentee ballot will be rejected
8401652 and not counted unless the voter cures the signature mismatch
8411653 under this section by filing a signed signature verification
8421654 affidavit with the county election board or board of elections and
8431655 registration not later than noon, local prevailing time, eight (8)
1656+EH 1265—LS 6928/DI 144 38
8441657 days after election day, and specifying the date on which the
8451658 eighth day will fall.
8461659 (3) A signature line for the voter to print the voter's name and date
8471660 and sign the signature verification affidavit.
8481661 (4) A statement that the signature verification affidavit must be:
8491662 (A) placed into a mailing envelope addressed to the county
8501663 election board or board of elections and registration, and either
851-HEA 1265 — CC 1 21
8521664 mailed with sufficient postage or hand delivered to the board;
8531665 or
8541666 (B) sent to the board by electronic mail or facsimile
8551667 transmission.
8561668 (5) Information provided by the board setting forth the mailing
8571669 address, electronic mail address, or facsimile number of the
8581670 board.
8591671 (6) The name of the voter.
8601672 (h) (i) The signature verification affidavit shall be prescribed by the
8611673 election division under IC 3-5-4-8, shall be produced from the
8621674 computerized list established under IC 3-7-26.3, must substantially be
8631675 in the following form, and may be included on the same page as the
8641676 notice and instructions:
8651677 SIGNATURE VERIFICATION AFFIDAVIT
8661678 I, [voter's name], am a registered voter of [voter's county of
8671679 residence] County, State of Indiana. I declare under the penalties
8681680 of perjury that I requested and returned an absentee ballot. I am
8691681 a resident of the precinct in which I have voted (or I am entitled
8701682 to vote in this precinct under Indiana law), and I am the person
8711683 whose name appears on the absentee ballot envelope. I understand
8721684 that if I commit or attempt any fraud in connection with voting, or
8731685 if I aid or abet fraud or attempt to aid or abet fraud in connection
8741686 with voting, I may be convicted of a felony punishable by
8751687 imprisonment, a fine, or both. I understand that my failure to sign
8761688 this statement means my absentee ballot will not be counted.
8771689 ___________________
8781690 Voter's Signature
8791691 ____________________
8801692 Voter's Printed Name
8811693 ________________________
8821694 Voter's Registration Address
8831695 If there is a reason why your signature does not match, please
8841696 explain here. Examples include age or disability of the voter or
8851697 execution of the absentee affidavit by the person holding the
8861698 voter's power of attorney or any person assisting a voter under
1699+EH 1265—LS 6928/DI 144 39
8871700 IC 3-11-4-2(b) or a member of the voter's immediate household
8881701 or power of attorney attesting to the voter's signature on the
8891702 absentee by mail return envelope under IC 3-11.5-4-13(c). The
8901703 computerized list shall preprint the name of the voter in the
8911704 appropriate parts of the affidavit.
8921705 (i) (j) The county election board or board of elections and
8931706 registration may not reject an absentee ballot with a nonconforming
894-HEA 1265 — CC 1 22
8951707 security envelope signature if each of the following conditions are
8961708 satisfied:
8971709 (1) The voter delivers:
8981710 (A) in person;
8991711 (B) by mail;
9001712 (C) by facsimile transmission; or
9011713 (D) by electronic mail;
9021714 a signature verification affidavit signed by the voter and the
9031715 county election board or board of elections and registration
9041716 receives the affidavit not later than noon, prevailing time, eight
9051717 (8) days after election day, or the voter, before the close of the
9061718 polls on election day, completes and files a signature verification
9071719 affidavit with the inspector or other chief election official of the
9081720 precinct or vote center within the county. The inspector or vote
9091721 center official shall forward the signature verification statement
9101722 to the county election board or board of elections and registration
9111723 with the other materials from the precinct. The voter may deliver
9121724 a signature verification affidavit signed by the voter to an
9131725 absentee voter board at a circuit court clerk's office or
9141726 satellite location during the period of early voting described
9151727 in IC 3-11-10-26.
9161728 (2) Upon receipt of the signature verification statement, the
9171729 county election board or county board of elections and
9181730 registration shall open the provisional ballot envelope to access
9191731 the voter's absentee ballot security envelope to:
9201732 (A) compare the signature on the verification statement with
9211733 the signature on the affidavit of the ballot envelope; or
9221734 (B) if the ballot is for a military or overseas voter who
9231735 transmitted the ballot by facsimile or electronic mail, compare
9241736 the affidavit found under IC 3-11-4-6(h) and, if applicable, the
9251737 signature found in the voter's registration record or the
9261738 signature on the absentee ballot application.
9271739 (j) (k) If, upon conducting the comparison of signatures, the board
9281740 determines that the signatures match and no other challenges have been
9291741 made to the ballot, the board shall open the absentee ballot security
1742+EH 1265—LS 6928/DI 144 40
9301743 envelope and add the votes cast on the ballot to the tally for the voter's
9311744 precinct.
9321745 (k) (l) A ballot may not be removed from the security envelope until
9331746 the time for processing ballots. If, upon conducting the comparison of
9341747 the signatures under this section, the election officials determine that
9351748 the signatures are mismatched, the voter's absentee ballot security
9361749 envelope may not be opened and the ballot shall not be counted. The
937-HEA 1265 — CC 1 23
9381750 election officials shall write "this ballot has been rejected because of
9391751 a mismatched signature" on the face of the security envelope. The
9401752 absentee ballot security envelope must be resealed and the status of the
9411753 rejected provisional ballot must be made under the "County Election
9421754 Board Findings" on the affidavit.
9431755 (l) (m) A mismatched absentee ballot security envelope is to be
9441756 treated as a provisional ballot and is subject to the same confidentiality
9451757 restrictions under IC 3-11.7-6-3.
9461758 (m) (n) If the county election board or board of elections and
9471759 registration determines that the signatures match, the board shall
9481760 provide a copy of the statement to the county voter registration officer
9491761 in any county where there is a separate board of registration. The voter
9501762 registration officer shall then use the signature in the signature
9511763 verification statement, even if returned untimely, to update the voter's
9521764 signature in the voter's registration record.
953-SECTION 20. IC 3-11.5-4-13.6, AS ADDED BY P.L.109-2021,
1765+SECTION 18. IC 3-11.5-4-13.6, AS ADDED BY P.L.109-2021,
9541766 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9551767 JULY 1, 2024]: Sec. 13.6. (a) This section applies to an absentee ballot
9561768 where there is a finding that the voter's signature on the absentee ballot
9571769 security envelope affidavit is missing and therefore does not
9581770 correspond to the signature on the voter's absentee ballot application or
9591771 electronic poll book.
9601772 (b) Section 13.5(c), 13.5(d), 13.5(e), and 13.5(f) 13.5(g) of this
9611773 chapter apply to this section.
9621774 (c) The county election board or board of elections and registration
9631775 shall not reject an absentee ballot with a missing security envelope
9641776 signature if either any of the following conditions is are satisfied and
9651777 the county election board or board of elections and registration
9661778 determines that the unsigned absentee ballot affidavit is truthful and
9671779 otherwise in compliance with this section:
9681780 (1) The voter delivers:
9691781 (A) in person;
9701782 (B) by mail;
9711783 (C) by facsimile; or
9721784 (D) by electronic mail;
1785+EH 1265—LS 6928/DI 144 41
9731786 an affidavit of unsigned ballot that is signed by the voter, and the
9741787 county election board or board of elections and registration
9751788 receives the affidavit not later than noon eight (8) days after
9761789 election day.
9771790 (2) Before the close of the polls on election day, the voter
9781791 completes and files an affidavit of unsigned ballot with the
9791792 inspector or other chief election official of the precinct or vote
980-HEA 1265 — CC 1 24
9811793 center within the county. The inspector or vote center official
9821794 shall forward the affidavit of unsigned ballot to the county
9831795 election board or board of elections and registration with the other
9841796 materials from the precinct.
9851797 (3) The voter delivers an affidavit of unsigned ballot that is
9861798 signed by the voter to an absentee voter board at a circuit
9871799 court clerk's office or satellite location during the period of
9881800 early voting described in IC 3-11-10-26.
9891801 (d) Upon receipt of the affidavit of unsigned ballot, the county
9901802 election board or county board of elections and registration shall open
9911803 the provisional ballot envelope to access the voter's absentee ballot
9921804 security envelope to:
9931805 (1) compare the signature on the affidavit of unsigned ballot with
9941806 the most recent signature on the voter's registration record in the
9951807 statewide voter registration system, or the signature on the
9961808 absentee ballot application; or
9971809 (2) if the ballot is for a military or overseas voter who transmitted
9981810 the ballot by facsimile or electronic mail, compare the affidavit
9991811 found under IC 3-11-4-6(h) and, if applicable, the signature found
10001812 in the voter's registration record or the signature on the absentee
10011813 ballot application.
10021814 (e) If, upon conducting the comparison of the signatures, the board
10031815 determines that the signatures match and there are no other challenges
10041816 that have been made to the ballot, the board shall open the absentee
10051817 ballot security envelope and add the votes cast on the ballot to the tally
10061818 for the voter's precinct.
10071819 (f) If, upon conducting the comparison of the signatures, the board
10081820 determines that the signatures are mismatched, the voter's absentee
10091821 ballot security envelope shall not be opened and the ballot may not be
10101822 counted. The board shall write "this ballot has been rejected because
10111823 of a mismatched signature" on the face of the security envelope. The
10121824 provisional ballot envelope must be resealed and the status of the
10131825 rejected ballot must be set forth under the "County Election Board
10141826 Findings" on the affidavit.
10151827 (g) The affidavit of unsigned ballot shall be prescribed by the
1828+EH 1265—LS 6928/DI 144 42
10161829 election division under IC 3-5-4-8, shall be produced from the
10171830 computerized list established under IC 3-7-26.3, must be in
10181831 substantially the following form, and may be included on the same
10191832 page as the notice and instructions:
10201833 AFFIDAVIT OF UNSIGNED BALLOT
10211834 I, [voter's name], am a registered voter of [voter's county of
10221835 residence] County, State of Indiana. I declare under the penalties
1023-HEA 1265 — CC 1 25
10241836 of perjury that I requested and returned an absentee ballot. I am
10251837 a resident of the precinct in which I have voted (or I am entitled
10261838 to vote in this precinct under Indiana law), and I am the person
10271839 whose name appears on the absentee ballot envelope. I understand
10281840 that if I commit or attempt any fraud in connection with voting, or
10291841 if I aid or abet fraud or attempt to aid or abet fraud in connection
10301842 with voting, I may be convicted of a felony punishable by
10311843 imprisonment, a fine, or both. I understand that my failure to sign
10321844 this statement means that my absentee ballot will not be counted.
10331845 ___________________
10341846 Voter's Signature
10351847 ____________________
10361848 Voter's Printed Name
10371849 ________________________
10381850 Voter's Registration Address
10391851 The computerized list shall preprint the name of the voter in the
10401852 appropriate parts of the affidavit.
10411853 (h) The following instructions, prescribed by the election division
10421854 under IC 3-5-4-8 and produced from the computerized list established
10431855 under IC 3-7-26.3, shall accompany the affidavit of unsigned ballot in
10441856 substantially the following form:
10451857 NOTICE FROM COUNTY ELECTION BOARD
10461858 REGARDING AN AFFIDAVIT OF UNSIGNED BALLOT FOR
10471859 ABSENTEE BALLOT
10481860 Read these instructions carefully before completing the statement.
10491861 Failure to follow these instructions may cause your ballot to not
10501862 be counted.
10511863 (1) We have determined that your signature is missing on your
10521864 absentee ballot security envelope. To ensure that your absentee
10531865 ballot will be counted, you must complete and return an
10541866 affidavit of unsigned ballot.
10551867 (2) Your affidavit of unsigned ballot must be received by the
10561868 county election board or board of elections and registration not
10571869 later than noon, local prevailing time, eight (8) days after the
10581870 election, with the statement specifying the day on which the
1871+EH 1265—LS 6928/DI 144 43
10591872 eighth day after the election will fall.
10601873 (3) You must sign your name where specified on the affidavit
10611874 of unsigned ballot.
10621875 (4) Place the affidavit of unsigned ballot into a mailing
10631876 envelope addressed to your county election official. Mail, hand
10641877 deliver, or have your completed affidavit delivered to the
10651878 board. Be sure to include sufficient postage if mailed, and
1066-HEA 1265 — CC 1 26
10671879 include the address of the county election board provided
10681880 below.
10691881 (5) If you do not wish to send your affidavit of unsigned ballot
10701882 by mail or have it hand delivered, you may submit your
10711883 completed affidavit by electronic mail or facsimile
10721884 transmission to the county election board using the following
10731885 information provided by your county [insert county electronic
10741886 mail address and facsimile number].
10751887 (6) Include your name on the affidavit.
10761888 (i) A ballot may not be removed from the security envelope until the
10771889 time for processing the ballot.
10781890 (j) Except where clearly inapplicable under IC 3-11.7, an unsigned
10791891 absentee ballot security envelope is to be treated as a provisional ballot
10801892 and is subject to the same confidentiality restrictions under
10811893 IC 3-11.7-6-3. The affidavit of unsigned ballot and the signature
10821894 verification statement executed by the voter are confidential under
10831895 IC 3-11.7-6-3.
1084-SECTION 21. IC 3-11.5-4-23, AS AMENDED BY P.L.109-2021,
1896+SECTION 19. IC 3-11.5-4-23, AS AMENDED BY P.L.109-2021,
10851897 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10861898 JULY 1, 2024]: Sec. 23. (a) Not later than noon fifty (50) days before
10871899 election day, each county election board shall notify the county
10881900 chairmen of the two (2) political parties that have appointed members
10891901 on the county election board of the number of:
10901902 (1) absentee voter boards;
10911903 (2) teams of absentee ballot counters; and
10921904 (3) teams of couriers;
10931905 to be appointed under section 22 of this chapter.
10941906 (b) The county chairmen shall make written recommendations for
10951907 the appointments to the county election board not later than forty-six
10961908 (46) days before election day. The county election board shall make the
10971909 appointments as recommended.
10981910 (c) If a county chairman fails to make any recommendations, then
10991911 the county election board may appoint any voters of the county who
11001912 comply with section 22 of this chapter.
11011913 (d) The county election board may permit an individual who is not
1914+EH 1265—LS 6928/DI 144 44
11021915 a voter to serve as an absentee board member, other than a member of
11031916 a board under IC 3-11-10-25, an absentee ballot counter, or a courier
11041917 if the individual:
11051918 (1) satisfies the requirements under IC 3-6-6-39; and
11061919 (2) is approved by the unanimous vote of the entire membership
11071920 of the county election board.
11081921 (e) An individual appointed to serve as an absentee board member,
1109-HEA 1265 — CC 1 27
11101922 other than the member of a board under IC 3-11-10-25, an absentee
11111923 ballot counter or a courier under subsection (d), while serving as an
11121924 absentee ballot counter or courier:
11131925 (1) is not required to obtain an employment certificate under
11141926 IC 22-2-18 (before its expiration on June 30, 2021); and
11151927 (2) is not subject to the limitations on time and duration of
11161928 employment under IC 22-2-18 (before its expiration on June 30,
11171929 2021) or IC 22-2-18.1.
11181930 (f) The county election board is not required to register as an
11191931 employer under IC 22-2-18.1.
11201932 (g) When the county election board makes an appointment
11211933 under this section and the individual accepts the appointment by
11221934 swearing the oath of office required under this title, a contract is
11231935 created between the county election board and the individual in
11241936 which the county election board retains the services of the
11251937 appointed individual as an independent contractor.
11261938 (h) For purposes of Article 2, Section 9 of the Constitution of the
11271939 State of Indiana, the position of:
11281940 (1) member of an absentee voter board;
11291941 (2) member of an absentee ballot counter team; or
11301942 (3) member of a courier team;
1131-is not a lucrative office.
1132-SECTION 22. IC 3-13-1-7, AS AMENDED BY P.L.193-2021,
1133-SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1134-UPON PASSAGE]: Sec. 7. (a) Except as provided in subsection (b),
1135-action to fill a candidate vacancy must be taken:
1136-(1) not later than noon July 3 after the primary election if the
1137-vacancy exists on a general or municipal election ballot; and
1138-(2) within thirty (30) days after the occurrence of the vacancy, if
1139-the vacancy exists on a special election ballot, subject to section
1140-2 of this chapter.
1141-(b) This subsection applies to a candidate vacancy that exists before
1142-the thirtieth day before a general, municipal, or special election and
1143-that is due to any of the following:
1144-(1) The death of a candidate.
1145-(2) The withdrawal of a candidate.
1146-(3) The disqualification of a candidate under IC 3-8-1-5.
1147-(4) A court order issued under IC 3-8-7-29(d).
1148-(5) The successful challenge of a candidate nominated by a state,
1149-county, or town convention of a political party.
1150-(6) The successful challenge of a candidate under IC 3-8-8.
1151-(7) The successful challenge of a candidate under sections section
1152-HEA 1265 — CC 1 28
1153-16.5 and or 20.5 of this chapter.
1154-(8) The successful challenge of a candidate in a judicial
1155-proceeding.
1156-Action to fill a candidate vacancy under section 3, 4, 5, or 6 of this
1157-chapter for reasons permitted under this subsection must be taken
1158-within thirty (30) days after the occurrence of the vacancy.
1159-SECTION 23. IC 3-13-1-19 IS AMENDED TO READ AS
1160-FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 19. (a) Subject to
1161-IC 3-8-8-7, a person who was defeated in a primary election or in a
1162-town or state convention is eligible to be appointed by the political
1163-party that the person affiliated with by voting in the most recent
1164-primary election held by that party. The person selected may fill any
1165-vacancy on the party's ticket as a candidate in any general, municipal,
1166-or special election following that primary election or convention in
1167-which the vacancy occurred. However,
1168-(b) Subject to subsection (c), a person is not disqualified from
1169-appointment under this section subsection (a) for not having voted in
1170-the most recent primary election if the appointee is certified as a
1171-member of that party by the county chairman for the county in which
1172-the appointee resides.
1173-(c) A person described in subsection (a) may not be appointed
1174-to fill a vacancy by a political party that differs from the party with
1175-which the person affiliated when the person was defeated in the
1176-primary election or in the town or state convention.
1177-SECTION 24. IC 3-13-2-1, AS AMENDED BY P.L.227-2023,
1943+is not a lucrative office.".
1944+Page 15, line 16, strike "sections" and insert "section".
1945+Page 15, line 17, strike "and" and insert "or".
1946+Page 15, between lines 40 and 41, begin a new paragraph and insert:
1947+"SECTION 22. IC 3-13-2-1, AS AMENDED BY P.L.227-2023,
11781948 SECTION 126, IS AMENDED TO READ AS FOLLOWS
11791949 [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) This chapter applies to
11801950 the filling of a candidate vacancy of a former candidate for nomination
11811951 or election to an office at a general, municipal, or special election that
11821952 occurs after the thirty-first day before a general, municipal, or special
11831953 election that is due to any of the following:
11841954 (1) The death of a candidate.
11851955 (2) The withdrawal of a candidate.
11861956 (3) The disqualification of a candidate under IC 3-8-1-5.
1957+EH 1265—LS 6928/DI 144 45
11871958 (4) A court order issued under IC 3-8-7-29(d).
11881959 (5) The successful challenge of a candidate nominated by a
11891960 state, county, or town convention of a political party.
11901961 (6) The successful challenge of a candidate under IC 3-8-8.
11911962 (7) The successful challenge of a candidate under
11921963 IC 3-13-1-16.5 or IC 3-13-1-20.5.
11931964 (8) The successful challenge of a candidate in a judicial
11941965 proceeding.
1195-HEA 1265 — CC 1 29
11961966 (b) Action to fill a candidate vacancy under this chapter must be
1197-taken not later than 6 a.m. on election day.
1198-SECTION 25. IC 3-13-2-10 IS AMENDED TO READ AS
1199-FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) Subject to
1200-IC 3-8-8-7, a person who was defeated in a primary election or in a
1201-town or state convention is eligible to be appointed by the person's own
1202-political party to that the person affiliated with by voting in the most
1203-recent primary election held by that party. The person selected
1204-may fill any vacancy on the party's ticket as a candidate in any general,
1205-municipal, or special election following that primary election or
1206-convention in which the vacancy occurred.
1207-(b) Subject to subsection (c), a person is not disqualified from
1208-appointment under subsection (a) for not having voted in the most
1209-recent primary election if the appointee is certified as a member of
1210-that party by the county chairman for the county in which the
1211-appointee resides.
1212-(c) A person described in subsection (a) may not be appointed
1213-to fill a vacancy by a political party that differs from the party with
1214-which the person affiliated when the person was defeated in the
1215-primary election or in the town or state convention.
1216-SECTION 26. IC 3-14-5-2, AS AMENDED BY P.L.227-2023,
1967+taken not later than 6 a.m. on election day.".
1968+Page 16, delete lines 17 through 42, begin a new paragraph and
1969+insert:
1970+"SECTION 24. IC 3-14-5-2, AS AMENDED BY P.L.227-2023,
12171971 SECTION 132, IS AMENDED TO READ AS FOLLOWS
12181972 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Each precinct election board
12191973 shall, at the close of the polls, place any affidavit prescribed by
12201974 IC 3-10-1-9 to challenge the party affiliation of a person wishing to cast
12211975 a ballot in a primary election in a strong paper bag or envelope and
12221976 securely seal it. Each member shall endorse that member's name on the
12231977 back of the bag or envelope.
12241978 (b) Each precinct election board shall, at the close of the polls, place
12251979 any affidavit:
12261980 (1) other than an affidavit described in subsection (a) that is
12271981 challenging the eligibility of a person who has offered to vote at
12281982 a primary election; and
12291983 (2) including the form printed on the face of the provisional
12301984 ballot envelope described in IC 3-11.7-5-3;
12311985 in a strong paper bag or envelope and securely seal it. Each member
12321986 shall endorse that member's name on the back of the bag or envelope.
12331987 (c) The inspector and judge of the opposite political party shall
12341988 deliver the sealed bags or envelopes to the county election board. The
12351989 county election board shall do the following:
12361990 (1) Remove the affidavits described in subsections (a) and (b)
12371991 from the bag or envelope and make three (3) copies of each
1238-HEA 1265 — CC 1 30
12391992 affidavit.
12401993 (2) Mail a copy of each affidavit to the secretary of state.
12411994 (3) Replace the affidavits within the bag or envelope and keep
12421995 the affidavits secure in accordance with IC 3-10-1-31.1. The
12431996 affidavits may be removed from the bag or envelope by the
12441997 county election board during a meeting or hearing when the
12451998 affidavit is to be reviewed under this title.
12461999 (4) Reseal the bag or envelope containing the affidavits with the
2000+EH 1265—LS 6928/DI 144 46
12472001 endorsement of the name of each county election board member
12482002 on the back of the bag or envelope immediately after the county
12492003 election board determines which provisional ballots can be
12502004 counted and not counted under IC 3-11.7.
12512005 (5) Carefully preserve the resealed bag or envelope and deliver it,
12522006 with the county election board's seal unbroken, to the foreman of
12532007 the grand jury when next in session. in accordance with
12542008 IC 3-10-1-31.1.
12552009 (d) The county election board shall do the following after the
1256-conclusion of the period for filing a petition for a recount or contest
2010+conclusion of the period for filing petition for a recount or contest
12572011 described IC 3-10-1-31.1(b) and IC 3-10-1-31.1(c) during which
12582012 election materials are required to be sealed by the circuit court
12592013 clerk:
12602014 (1) Retain one (1) copy of each affidavit to make available for
12612015 public inspection and copying under IC 5-14-3.
12622016 (2) Deliver one (1) copy of each affidavit, sealed in a bag or
12632017 envelope by the county election board, to the prosecuting
12642018 attorney of the county.
12652019 (d) (e) The grand jury shall inquire into the truth or falsity of the
12662020 affidavits, and the court having jurisdiction over the grand jury shall
12672021 specially charge the jury as to its duties under this section. The grand
12682022 jury or prosecuting attorney of the county where the grand jury is
12692023 sitting may request the original affidavit from the circuit court
12702024 clerk if the grand jury determines that it is necessary to review the
12712025 original affidavit during the inquiry.
12722026 (e) (f) The grand jury shall file a report of the result of its inquiry
12732027 with:
12742028 (1) the court; and
12752029 (2) the NVRA official if a violation of NVRA appears to have
12762030 occurred.
12772031 (f) (g) If the original affidavit is delivered to the grand jury or
12782032 the prosecuting attorney under subsection (e), the prosecuting
12792033 attorney shall:
12802034 (1) preserve the affidavits affidavit and envelopes envelope in
1281-HEA 1265 — CC 1 31
12822035 accordance with IC 3-10-1-31.1; and shall
12832036 (2) ensure that no person can access a provisional ballot
12842037 contained in the envelope that the affidavit described in
12852038 subsection (b) is printed on; and
12862039 (3) return the affidavits affidavit and envelopes envelope to the
12872040 circuit court clerk after the prosecuting attorney has completed
12882041 any proceeding resulting from the investigation of the affidavits
1289-affidavit and envelopes. envelope.
1290-SECTION 27. IC 9-14-13-2, AS ADDED BY P.L.198-2016,
1291-SECTION 193, IS AMENDED TO READ AS FOLLOWS
1292-[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The bureau shall not disclose:
1293-(1) the Social Security number;
1294-(2) the federal identification number;
1295-(3) the driver's license number;
1296-(4) the digital image of the driver's license, identification card, or
1297-photo exempt identification card applicant;
1298-(5) a reproduction of the signature secured under IC 9-24-9-1,
1299-IC 9-24-16-2, or IC 9-24-16.5-2; or
1300-(6) medical or disability information;
1301-of any individual except as provided in subsection (b).
1302-(b) The bureau may disclose any information listed in subsection
1303-(a):
1304-(1) to a law enforcement officer;
1305-(2) to an agent or a designee of the department of state revenue;
1306-(3) for uses permitted under IC 9-14-13-7(1), IC 9-14-13-7(4),
1307-IC 9-14-13-7(6), and IC 9-14-13-7(9); or
1308-(4) for voter registration and election purposes required under
1309-IC 3-7, IC 3-11, or IC 9-24-2.5.
1310-SECTION 28. [EFFECTIVE JULY 1, 2024] (a) The amendment
1311-to the Constitution of the State of Indiana concerning the line of
1312-succession to the governor, agreed to by the One Hundred
1313-Twenty-Second General Assembly (P.L.176-2022) and the One
1314-Hundred Twenty-Third General Assembly (P.L.253-2023), shall be
1315-submitted to the electors of Indiana at the 2024 general election in
1316-the manner provided for the submission of constitutional
1317-amendments under IC 3.
1318-(b) Under Article 16, Section 1 of the Constitution of the State
1319-of Indiana, which requires the general assembly to submit
1320-constitutional amendments to the electors at the next general
1321-election after the general assembly agrees to the amendment
1322-referred to it by the last previously elected general assembly, and
1323-in accordance with IC 3-10-3, the general assembly prescribes the
1324-HEA 1265 — CC 1 32
1325-form in which the public question concerning the ratification of
1326-this state constitutional amendment must appear on the 2024
1327-general election ballot as follows:
1328-"Public Question #1
1329-Shall the Constitution of the State of Indiana be amended to
1330-remove the state superintendent of public instruction from the list
1331-of officeholders who shall discharge the powers and duties of the
1332-governor if the office of the governor and lieutenant governor are
1333-both vacant?".
1334-SECTION 29. An emergency is declared for this act.
1335-HEA 1265 — CC 1 Speaker of the House of Representatives
1336-President of the Senate
1337-President Pro Tempore
1338-Governor of the State of Indiana
1339-Date: Time:
1340-HEA 1265 — CC 1
2042+affidavit and envelopes. envelope.".
2043+EH 1265—LS 6928/DI 144 47
2044+Page 17, delete lines 1 through 13.
2045+Renumber all SECTIONS consecutively.
2046+and when so amended that said bill do pass.
2047+(Reference is to HB 1265 as introduced.)
2048+WESCO
2049+Committee Vote: yeas 12, nays 0.
2050+_____
2051+COMMITTEE REPORT
2052+Madam President: The Senate Committee on Elections, to which
2053+was referred House Bill No. 1265, has had the same under
2054+consideration and begs leave to report the same back to the Senate with
2055+the recommendation that said bill be AMENDED as follows:
2056+Page 1, between the enacting clause and line 1, begin a new
2057+paragraph and insert:
2058+"SECTION 1. IC 3-5-2-6 IS AMENDED TO READ AS FOLLOWS
2059+[EFFECTIVE UPON PASSAGE]: Sec. 6. (a) Except as provided in
2060+subsection subsections (b) and (c), "candidate" means a person an
2061+individual who:
2062+(1) has taken the action necessary to qualify under Indiana law for
2063+listing on the ballot at an election or to become a write-in
2064+candidate;
2065+(2) has publicly announced or declared candidacy for an elected
2066+office; or
2067+(3) otherwise seeks nomination for or election to an elected office,
2068+regardless of whether the individual wins election to the office.
2069+(b) As used in IC 3-9, an individual becomes a "candidate" when the
2070+individual, the candidate's committee, or a person acting with the
2071+consent of the individual:
2072+(1) receives more than one hundred dollars ($100) in
2073+contributions; or
2074+(2) makes more than one hundred dollars ($100) in expenditures.
2075+(c) As used in IC 3-13-11, "candidate" refers to an individual
2076+filling a general or municipal election ballot vacancy under
2077+IC 3-13-11 whose required action of:
2078+(1) the individual; or
2079+(2) another person under IC 3-13-11;
2080+for the individual to be listed on the ballot at the election has been
2081+EH 1265—LS 6928/DI 144 48
2082+determined by a county or town election board, the Indiana
2083+election commission, or a court to be void or invalid.".
2084+Page 4, between lines 35 and 36, begin a new paragraph and insert:
2085+"SECTION 8. IC 3-8-1-5, AS AMENDED BY P.L.193-2021,
2086+SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2087+UPON PASSAGE]: Sec. 5. (a) This section does not apply to a
2088+candidate for federal office.
2089+(b) As used in this section, "felony" means a conviction for which
2090+the convicted person might have been imprisoned for more than one (1)
2091+year.
2092+(c) A person is not disqualified under this section for:
2093+(1) a felony conviction for which the person has been pardoned;
2094+(2) a felony conviction that has been:
2095+(A) reversed;
2096+(B) vacated;
2097+(C) set aside;
2098+(D) not entered because the trial court did not accept the
2099+person's guilty plea; or
2100+(E) expunged under IC 35-38-9; or
2101+(3) a person's plea of guilty or nolo contendere at a guilty plea
2102+hearing that is not accepted and entered by a trial court.
2103+(d) A person is disqualified from assuming or being a candidate for
2104+an elected office if:
2105+(1) the person gave or offered a bribe, threat, or reward to procure
2106+the person's election, as provided in Article 2, Section 6 of the
2107+Constitution of the State of Indiana;
2108+(2) the person does not comply with IC 5-8-3 because of a
2109+conviction for a violation of the federal laws listed in that statute;
2110+(3) in a:
2111+(A) jury trial, a jury publicly announces a verdict against the
2112+person for a felony;
2113+(B) bench trial, the court publicly announces a verdict against
2114+the person for a felony; or
2115+(C) guilty plea hearing, the person pleads guilty or nolo
2116+contendere to a felony;
2117+(4) the person has been removed from the office the candidate
2118+seeks under Article 7, Section 11 or Article 7, Section 13 of the
2119+Constitution of the State of Indiana;
2120+(5) the person is a member of the United States armed forces on
2121+active duty and prohibited by the United States Department of
2122+Defense from being a candidate;
2123+(6) the person is subject to:
2124+EH 1265—LS 6928/DI 144 49
2125+(A) 5 U.S.C. 1502 (the Little Hatch Act); or
2126+(B) 5 U.S.C. 7321-7326 (the Hatch Act);
2127+and would violate either federal statute by becoming or remaining
2128+the candidate of a political party for nomination or election to an
2129+elected office or a political party office; or
2130+(7) the person is a nonjudicial court employee who would violate
2131+Rule 4.6 of the Indiana Code of Judicial Conduct by being the
2132+candidate of a political party for nomination or election to an
2133+elected office or a political party office; or
2134+(8) the person no longer complies with the requirements
2135+imposed under this chapter for the office.
2136+(e) The subsequent reduction of a felony to a Class A misdemeanor
2137+under IC 35 after the:
2138+(1) jury has announced its verdict against the person for a felony;
2139+(2) court has announced its verdict against the person for a felony;
2140+or
2141+(3) person has pleaded guilty or nolo contendere to a felony;
2142+does not affect the operation of subsection (d).
2143+SECTION 9. IC 3-8-1-10 IS AMENDED TO READ AS FOLLOWS
2144+[EFFECTIVE UPON PASSAGE]: Sec. 10. A candidate for the office
2145+of attorney general must:
2146+(1) have resided in Indiana for at least two (2) years before the
2147+election; and
2148+(2) have been admitted to the practice of law in Indiana for at
2149+least five (5) years upon taking office; and
2150+(3) have not been subject to a disciplinary sanction by the
2151+supreme court disciplinary commission that resulted in the
2152+candidate's disbarment or suspension from the practice of
2153+law, without automatic reinstatement, for at least one (1) year
2154+before the election.".
2155+Renumber all SECTIONS consecutively.
2156+and when so amended that said bill do pass.
2157+(Reference is to HB 1265 as printed January 25, 2024.)
2158+GASKILL, Chairperson
2159+Committee Vote: Yeas 6, Nays 2.
2160+EH 1265—LS 6928/DI 144 50
2161+SENATE MOTION
2162+Madam President: I move that Engrossed House Bill 1265 be
2163+amended to read as follows:
2164+Page 5, delete lines 19 through 42.
2165+Delete page 6.
2166+Page 7, delete lines 1 through 3.
2167+Renumber all SECTIONS consecutively.
2168+(Reference is to EHB 1265 as printed February 21, 2024.)
2169+GASKILL
2170+EH 1265—LS 6928/DI 144