Indiana 2024 Regular Session

Indiana House Bill HB1286 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1286
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-5-2.5; IC 3-7; IC 3-11-16-6; IC 4-6-17;
7	7	IC 35-52-3-0.5.
8	8	Synopsis: Elections. Provides that the state of Indiana shall conduct
9	9	all elections using secure, hand-marked paper ballots that are: (1)
10	10	designed and made in Indiana; (2) embellished with a distinctive
11	11	watermark; and (3) serialized numerically. Provides that no other
12	12	method of voting may be used in Indiana. Specifies that ballots must be
13	13	counted by hand. Requires precincts to have video cameras that record
14	14	and live stream the counting of ballots and the ballot box container.
15	15	Requires each precinct to have one voting system equipped for
16	16	individuals with disabilities. Specifies requirements for reporting
17	17	results of the election. Requires election results to be announced the
18	18	evening of the election. Prohibits the use of a pollbook in any form
19	19	other than paper. Provides that ballots are not confidential. Prohibits
20	20	the state from conducting the voting system technical oversight
21	21	program (VSTOP) after June 30, 2024. Specifies storage requirements
22	22	for certain election documents. Requires the secretary of state
23	23	(secretary) to randomly choose 10 counties for post-election hand
24	24	recounts and inspections of secured storage facilities. Provides that all
25	25	Indiana citizens have the right to inspect and copy all election materials
26	26	at the office of the county clerk. Requires the secretary to establish and
27	27	maintain a statewide voter registration data base. Requires the secretary
28	28	to administer voter registration rolls and provides that the secretary
29	29	may not delegate this function. Requires county clerks to create and
30	30	print the paper pollbook for each precinct. Specifies requirements for
31	31	back up lists and daily records of the voter registration data base.
32	32	Specifies that an election in Indiana may be held only on election day.
33	33	Prohibits: (1) early in person voting; (2) vote centers; (3) Internet
34	34	(Continued next page)
35	35	Effective: Upon passage.
36	36	Sweet
37	37	January 9, 2024, read first time and referred to Committee on Elections and
38	38	Apportionment.
39	39	2024 IN 1286—LS 6952/DI 144 Digest Continued
40	40	voting; (4) mass mail-in voting; (5) ballot harvesting; and (6) a ballot
41	41	drop box. Provides that a precinct may contain not more than 1,500
42	42	registered active voters. Specifies that absentee voter boards may be
43	43	used for all voters at extended care facilities. Requires all voter
44	44	registration applications to include proof of citizenship and a signature.
45	45	Specifies certain restrictions that apply to a third party organization.
46	46	Provides that a digital identification is not acceptable for the purposes
47	47	of registration or voting. Specifies: (1) requirements for absentee
48	48	ballots; and (2) the individuals who qualify to receive an absentee
49	49	ballot. Requires an absentee ballot to include a copy of the voter's proof
50	50	of identification or the last four digits of the voter's Social Security
51	51	number. Provides that a person who violates these provisions: (1)
52	52	commits a Class A misdemeanor; and (2) is deprived of the right of
53	53	suffrage for 10 years. Repeals a provision that designates as
54	54	confidential certain information maintained by VSTOP. Requires the
55	55	attorney general to establish an election crimes unit.
56	56	2024 IN 1286—LS 6952/DI 1442024 IN 1286—LS 6952/DI 144 Introduced
57	57	Second Regular Session of the 123rd General Assembly (2024)
58	58	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
59	59	Constitution) is being amended, the text of the existing provision will appear in this style type,
60	60	additions will appear in this style type, and deletions will appear in this style type.
61	61	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
62	62	provision adopted), the text of the new provision will appear in this style type. Also, the
63	63	word NEW will appear in that style type in the introductory clause of each SECTION that adds
64	64	a new provision to the Indiana Code or the Indiana Constitution.
65	65	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
66	66	between statutes enacted by the 2023 Regular Session of the General Assembly.
67	67	HOUSE BILL No. 1286
68	68	A BILL FOR AN ACT to amend the Indiana Code concerning
69	69	elections.
70	70	Be it enacted by the General Assembly of the State of Indiana:
71	71	1 SECTION 1. IC 3-5-2.5 IS ADDED TO THE INDIANA CODE AS
72	72	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
73	73	3 PASSAGE]:
74	74	4 Chapter 2.5. Manner of Conducting Elections in Indiana
75	75	5 Sec. 0.5. (a) This chapter applies notwithstanding any other law.
76	76	6 (b) If there is a conflict between a provision of this chapter and
77	77	7 another provision of Indiana law, this chapter prevails.
78	78	8 Sec. 1. The state of Indiana shall conduct all elections using
79	79	9 secure, hand-marked paper ballots that are:
80	80	10 (1) designed and made in Indiana;
81	81	11 (2) embellished with a distinctive watermark, as designated by
82	82	12 the secretary of state; and
83	83	13 (3) serialized numerically.
84	84	14 No other method of voting may be used in Indiana.
85	85	15 Sec. 2. (a) The watermarked and serialized paper ballots
86	86	2024 IN 1286—LS 6952/DI 144 2
87	87	1 described in section 1 of this chapter must be counted by hand
88	88	2 beginning at 7 a.m. on election day.
89	89	3 (b) Mail-in ballots must be opened at the precinct polling place
90	90	4 and counted at noon on election day in the manner set forth in
91	91	5 IC 3-11.5-5.
92	92	6 Sec. 3. (a) Except as specifically authorized by this chapter,
93	93	7 machines or electronic devices are prohibited in a precinct polling
94	94	8 place.
95	95	9 (b) Each polling place must have video cameras that record and
96	96	10 live stream, with audio and video of the polling place, in full view
97	97	11 of the watchers, the:
98	98	12 (1) hand counting process of the paper ballots; and
99	99	13 (2) transparent ballot box container into which voters place
100	100	14 their folded marked ballots.
101	101	15 (c) Each precinct must have one (1) voting system equipped for
102	102	16 individuals with disabilities to comply with the requirements of
103	103	17 HAVA.
104	104	18 Sec. 4. (a) Ballots must be counted by two (2) counters in
105	105	19 accordance with IC 3-12-2.
106	106	20 (b) The video cameras required under section 3(b) of this
107	107	21 chapter must clearly show the counting of ballots so that watchers
108	108	22 in the polling place have full access to the live stream of all ballots
109	109	23 being hand-counted. The video cameras shall record each
110	110	24 serialized ballot being hand-counted on the tally sheet in full view,
111	111	25 with audio of the caller, to confirm the votes for each candidate or
112	112	26 public question that is called.
113	113	27 Sec. 5. The hand-counted precinct results must be affirmed by
114	114	28 all precinct workers present. All precinct workers shall sign, under
115	115	29 the penalties for perjury, the precinct final tally records.
116	116	30 Sec. 6. (a) The results of the election must be called in to the
117	117	31 county election board, with all precinct workers present. The
118	118	32 county election board shall report the results of the election to the
119	119	33 county clerk for certification.
120	120	34 (b) Copies of final tally reports must be given to each of the
121	121	35 precinct workers as part of the transparency of their work.
122	122	36 (c) Precinct workers may validate reported results from the
123	123	37 county clerk on the election summary report uploaded by precinct
124	124	38 to the county clerk website.
125	125	39 Sec. 7. Election results must be announced the evening of the
126	126	40 election.
127	127	41 Sec. 8. The use of pollbooks in any form other than paper is
128	128	42 prohibited.
129	129	2024 IN 1286—LS 6952/DI 144 3
130	130	1 Sec. 9. (a) Ballots may not contain confidential voter
131	131	2 information. The serial number of the ballot may not allow an
132	132	3 individual to identify a voter.
133	133	4 (b) Ballots are not confidential in Indiana.
134	134	5 Sec. 10. (a) Except as provided in subsection (c), after June 30,
135	135	6 2024, the state may not conduct VSTOP.
136	136	7 (b) On July 1, 2024, the secretary of state shall transfer all funds
137	137	8 for VSTOP to the treasurer of state for deposit in the state general
138	138	9 fund.
139	139	10 (c) This subsection applies if the state has outstanding
140	140	11 contractual obligations under VSTOP after June 30, 2024. When
141	141	12 all contractual obligations under VSTOP are satisfied, the state
142	142	13 may no longer conduct VSTOP.
143	143	14 Sec. 11. (a) The following must be maintained in secure county
144	144	15 owned facilities with restricted access:
145	145	16 (1) Indiana election forms.
146	146	17 (2) Ballots.
147	147	18 (3) Paper pollbooks.
148	148	19 (4) Audio and visual media from the hand counting process.
149	149	20 (5) All other required election related materials.
150	150	21 (b) Except as otherwise required by law, only the county clerk,
151	151	22 together with a member of the opposing political party, may access
152	152	23 ballots maintained under subsection (a).
153	153	24 (c) The secretary of state shall randomly choose ten (10)
154	154	25 counties for post-election hand recounts and inspections of secured
155	155	26 storage facilities.
156	156	27 Sec. 12. (a) All citizens of Indiana have the right to inspect and
157	157	28 copy all election materials at the office of the county clerk,
158	158	29 including the following:
159	159	30 (1) Voter lists.
160	160	31 (2) Pollbook signatures.
161	161	32 (3) Voter history.
162	162	33 (4) Absentee applications.
163	163	34 (5) Absentee ballot signatures.
164	164	35 (6) Chain of custody documentation.
165	165	36 (7) All ballots, excluding the names and addresses of those
166	166	37 participating in the confidential address program.
167	167	38 (b) Inspection and copying under subsection (a) must be
168	168	39 supervised, monitored, and controlled.
169	169	40 Sec. 13. (a) The secretary of state shall establish and maintain
170	170	41 a statewide voter registration data base administered by the
171	171	42 election division and archived in the office of the secretary of state.
172	172	2024 IN 1286—LS 6952/DI 144 4
173	173	1 (b) The data base described in subsection (a) must be made
174	174	2 continuously available to the citizens of Indiana through the
175	175	3 secretary of state's website without cost to the citizen.
176	176	4 (c) The data base described in subsection (a) must be monthly
177	177	5 reconciled against:
178	178	6 (1) the National Change of Address system;
179	179	7 (2) the United States Social Security death index;
180	180	8 (3) noncitizen data bases, such as the Systematic Alien
181	181	9 Verification for Entitlements (SAVE) program; and
182	182	10 (4) any data base that the secretary of state deems useful in
183	183	11 voter roll maintenance;
184	184	12 to ensure all persons on the voter registration lists are eligible to
185	185	13 vote in Indiana.
186	186	14 (d) The secretary of state shall administer voter registration
187	187	15 rolls. The secretary of state may not delegate this function.
188	188	16 Sec. 14. (a) County clerks shall create and print the paper
189	189	17 pollbook for each precinct using the county's official list of
190	190	18 registered voters.
191	191	19 (b) The county clerk shall send any new, edited, or removed
192	192	20 voters from the county's official list by facsimile to the election
193	193	21 division for updating.
194	194	22 (c) The county shall maintain a back up paper copy of the
195	195	23 county's official list, printed once each year. The county clerk shall
196	196	24 also maintain an electronic back up copy of the county's official
197	197	25 list, transferred once each month to a thumb drive that must be
198	198	26 stored securely with the election materials.
199	199	27 Sec. 15. The state's voter registration application must require
200	200	28 an applicant to give permission to the state, if the application is
201	201	29 approved, to inform any other state where the applicant is still
202	202	30 registered to vote, for the purpose of removing the applicant from
203	203	31 the voter registration rolls in the other state. The county clerk shall
204	204	32 send a form to the voter to forward to the voter's former state to
205	205	33 cancel the voter's registration.
206	206	34 Sec. 16. Each day, the election division shall:
207	207	35 (1) create a daily record of the election division's voter
208	208	36 registration data base, as of 4 p.m.; and
209	209	37 (2) transmit, in a secure manner, the daily record to the
210	210	38 secretary of state for:
211	211	39 (A) archive purposes; and
212	212	40 (B) uploading online each day for citizens.
213	213	41 Sec. 17. (a) An election in Indiana may be held only on election
214	214	42 day.
215	215	2024 IN 1286—LS 6952/DI 144 5
216	216	1 (b) Early in person voting is prohibited.
217	217	2 (c) Vote centers are prohibited.
218	218	3 (d) Internet voting is prohibited.
219	219	4 Sec. 18. A precinct may contain not more than one thousand five
220	220	5 hundred (1,500) registered active voters.
221	221	6 Sec. 19. Mass mail-in voting is prohibited. Notwithstanding this
222	222	7 section, a voter may vote by absentee ballot if the ballot is
223	223	8 individually requested by the voter and the voter is permitted to
224	224	9 vote by absentee ballot under section 26 of this chapter.
225	225	10 Sec. 20. Ballot harvesting is prohibited. Only a voter or an
226	226	11 immediate family member of a voter may return a completed
227	227	12 absentee ballot to the county clerk.
228	228	13 Sec. 21. Absentee voter boards may be used for all voters at
229	229	14 extended care facilities. However, an employee at an extended care
230	230	15 facility may not assist a voter in completing a ballot unless the
231	231	16 voter is the employee's immediate family member.
232	232	17 Sec. 22. (a) All voter registration applications must include
233	233	18 proof of citizenship and a signature of the applicant.
234	234	19 (b) A signature submitted under subsection (a) must be used to
235	235	20 verify future voting:
236	236	21 (1) at precinct check in; or
237	237	22 (2) for a voter who votes:
238	238	23 (A) by absentee mail-in ballot; or
239	239	24 (B) as an absent uniformed services voter or overseas
240	240	25 voter.
241	241	26 The requirements under this subsection apply to, but are not
242	242	27 limited to, an envelope containing an absentee ballot.
243	243	28 Sec. 23. A third party organization may not:
244	244	29 (1) request a voter registration;
245	245	30 (2) fill out or mail a registration form for an applicant;
246	246	31 (3) return a registration form to a county official or to the
247	247	32 secretary of state by hand; or
248	248	33 (4) offer any monetary or nonmonetary enticement to request,
249	249	34 fill out, or return a registration form.
250	250	35 Sec. 24. A digital identification is not acceptable for the
251	251	36 purposes of registration or voting.
252	252	37 Sec. 25. A ballot drop box, whether manned or unmanned, is
253	253	38 prohibited in any location.
254	254	39 Sec. 26. (a) An absentee ballot application may not be sent by
255	255	40 mail unless the application is requested.
256	256	41 (b) Absentee ballots must be received by noon on election day.
257	257	42 All absentee ballots received after noon on election day are void
258	258	2024 IN 1286—LS 6952/DI 144 6
259	259	1 and may not be counted.
260	260	2 (c) An absentee ballot may be mailed only to an individual who
261	261	3 requests an absentee ballot.
262	262	4 (d) The following individuals qualify to receive an absentee
263	263	5 ballot:
264	264	6 (1) A member of the military.
265	265	7 (2) An individual with a disability.
266	266	8 (3) A voter who is required to work for the entire time the
267	267	9 polls are open.
268	268	10 (4) An absent uniformed services voter or overseas voter.
269	269	11 (5) An elderly voter who is at least sixty-five (65) years of age.
270	270	12 (e) Mailing an absentee ballot to an individual who is not
271	271	13 described in subsection (d) is prohibited.
272	272	14 (f) An absentee ballot must include a copy of:
273	273	15 (1) the voter's proof of identification; or
274	274	16 (2) the last four (4) digits of the voter's Social Security
275	275	17 number.
276	276	18 Information submitted under this subsection must be verified by
277	277	19 the county clerk from the voter's original registration record and
278	278	20 signature. This section also applies to an absent uniformed services
279	279	21 voter or overseas voter.
280	280	22 Sec. 27. (a) A person who violates this chapter commits voter
281	281	23 fraud, a Class A misdemeanor.
282	282	24 (b) Notwithstanding IC 3-7-13-4, IC 3-7-13-5, and IC 3-7-13-6,
283	283	25 a person who violates this chapter is deprived of the right of
284	284	26 suffrage by the general assembly for a period of ten (10) years
285	285	27 following the date of conviction, pursuant to Article 2, Section 8 of
286	286	28 the Constitution of the State of Indiana.
287	287	29 (c) A person described in subsection (b) is not:
288	288	30 (1) authorized to vote; or
289	289	31 (2) eligible to register under this article;
290	290	32 during the period within which the person is deprived of the right
291	291	33 of suffrage, even if the person is no longer in prison or otherwise
292	292	34 subject to lawful detention.
293	293	35 (d) The reduction of a felony to a misdemeanor does not affect
294	294	36 the operation of subsections (b) and (c).
295	295	37 (e) A person described in subsection (b) who is otherwise
296	296	38 qualified to register under IC 3-7 is eligible to register after the
297	297	39 expiration of the period within which the person is deprived of the
298	298	40 right of suffrage.
299	299	41 SECTION 2. IC 3-7-13-4 IS AMENDED TO READ AS FOLLOWS
300	300	42 [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) A person who is:
301	301	2024 IN 1286—LS 6952/DI 144 7
302	302	1 (1) convicted of a crime; and
303	303	2 (2) imprisoned following conviction;
304	304	3 is deprived of the right of suffrage by the general assembly pursuant to
305	305	4 Article 2, Section 8 of the Constitution of the State of Indiana.
306	306	5 (b) Except as provided in IC 3-5-2.5-27, a person described in
307	307	6 subsection (a) is ineligible to register under this article during the
308	308	7 period that the person is:
309	309	8 (1) imprisoned; or
310	310	9 (2) otherwise subject to lawful detention.
311	311	10 SECTION 3. IC 3-7-13-6 IS AMENDED TO READ AS FOLLOWS
312	312	11 [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) This section applies to a
313	313	12 person who is:
314	314	13 (1) otherwise qualified to register under this article; and
315	315	14 (2) not imprisoned or subject to lawful detention.
316	316	15 (b) Except as provided in IC 3-5-2.5-27, a person described in
317	317	16 subsection (a) who is:
318	318	17 (1) on probation;
319	319	18 (2) on parole;
320	320	19 (3) subject to home detention under IC 35-38-2.5; or
321	321	20 (4) placed in a community corrections program under
322	322	21 IC 35-38-2.6;
323	323	22 is eligible to register and to vote.
324	324	23 SECTION 4. IC 3-7-46-1, AS AMENDED BY P.L.128-2015,
325	325	24 SECTION 140, IS AMENDED TO READ AS FOLLOWS
326	326	25 [EFFECTIVE UPON PASSAGE]: Sec. 1. As permitted under 52
327	327	26 U.S.C. 20507(a)(3)(B) and in the manner required under 52 U.S.C.
328	328	27 21083, a county voter registration office shall remove from the official
329	329	28 list of registered voters the name of a voter who is disfranchised under:
330	330	29 (1) this chapter; or
331	331	30 (2) IC 3-5-2.5-27;
332	332	31 due to a criminal conviction.
333	333	32 SECTION 5. IC 3-11-16-6 IS REPEALED [EFFECTIVE UPON
334	334	33 PASSAGE]. Sec. 6. The inventory of voting systems and electronic poll
335	335	34 books maintained by VSTOP under section 4 of this chapter is
336	336	35 confidential.
337	337	36 SECTION 6. IC 4-6-17 IS ADDED TO THE INDIANA CODE AS
338	338	37 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
339	339	38 PASSAGE]:
340	340	39 Chapter 17. Election Crimes Unit
341	341	40 Sec. 1. As used in this chapter, "ECU" refers to the election
342	342	41 crimes unit established under section 2 of this chapter.
343	343	42 Sec. 2. The attorney general shall establish an election crimes
344	344	2024 IN 1286—LS 6952/DI 144 8
345	345	1 unit.
346	346	2 Sec. 3. The ECU shall receive, review, and investigate any notice
347	347	3 or report of an election law violation.
348	348	4 Sec. 4. The ECU may independently initiate an investigation
349	349	5 concerning election law violations.
350	350	6 Sec. 5. The ECU has jurisdiction throughout Indiana.
351	351	7 Sec. 6. The secretary of state and the election division shall
352	352	8 permit the ECU access to all data maintained by the secretary of
353	353	9 state and the election division for the ECU's evaluation and review.
354	354	10 Sec. 7. The attorney general shall appoint a director of the ECU.
355	355	11 Sec. 8. The ECU shall create and oversee an Indiana voter fraud
356	356	12 hotline.
357	357	13 Sec. 9. The creation of the ECU does not limit the jurisdiction of
358	358	14 any other office or agency to investigate voter fraud.
359	359	15 Sec. 10. The ECU shall submit an annual report to the governor
360	360	16 and the general assembly containing a summary of all of the ECU's
361	361	17 investigations. The report must be made available to the public. A
362	362	18 report to the general assembly under this section must be in an
363	363	19 electronic format under IC 5-14-6.
364	364	20 SECTION 7. IC 35-52-3-0.5 IS ADDED TO THE INDIANA CODE
365	365	21 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
366	366	22 UPON PASSAGE]: Sec. 0.5. IC 3-5-2.5-27 defines a crime
367	367	23 concerning elections.
368	368	24 SECTION 8. An emergency is declared for this act.
369	369	2024 IN 1286—LS 6952/DI 144