Introduced Version
SENATE BILL No. 170
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-5-2-19.8; IC 3-11-14-2; IC 3-14-3.
Synopsis: Various elections matters. Defines "election worker" and
makes it a Level 6 felony to take certain actions: (1) for the purpose of
influencing an election worker; (2) to obstruct or interfere with an
election worker; or (3) that injure an election worker. Provides an
exception to the requirement that certain electronic voting systems
include a voter verifiable paper audit trail if the voting system is being
used to cast an absentee ballot with the absentee voter board.
Effective: Upon passage.
Walker G
January 8, 2024, read first time and referred to Committee on Elections.
2024 IN 170—LS 6597/DI 149 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 170
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-5-2-19.8 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 19.8. "Election worker" means an
4 individual who:
5 (1) serves as:
6 (A) the secretary of state;
7 (B) an employee of the election division;
8 (C) a member of the commission;
9 (D) a precinct election officer, including an individual who
10 serves as a precinct election officer at a vote center using
11 a different title under IC 3-6-6-5.5;
12 (E) a member of a county election board;
13 (F) a member of a county board of elections and
14 registration;
15 (G) a member of a board of registration established under
16 IC 3-7-12;
17 (H) a circuit court clerk;
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1 (I) an employee of the office of a circuit court clerk;
2 (J) a member of a town election board;
3 (K) an individual who serves under IC 3-6-6-39;
4 (L) a challenger or pollbook holder under IC 3-6-7;
5 (M) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10; or
6 (N) an individual appointed under IC 3-11.5-4:
7 (i) to an absentee voter board;
8 (ii) as an absentee ballot counter; or
9 (iii) as a courier; or
10 (2) either:
11 (A) works in exchange for compensation; or
12 (B) volunteers;
13 at a precinct or vote center under the supervision of one (1) or
14 more of the individuals listed in subdivision (1)(A) through
15 (1)(N).
16 SECTION 2. IC 3-11-14-2, AS AMENDED BY P.L.115-2022,
17 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 UPON PASSAGE]: Sec. 2. (a) Except as provided in subsections (c)
19 and (f), a county election board may use an approved electronic voting
20 system:
21 (1) in any election;
22 (2) in all or in some of the precincts within a political subdivision
23 holding an election; and
24 (3) instead of or in combination with any other voting method.
25 (b) A county election board may use an electronic voting system
26 which includes a voter verifiable paper audit trail if the voting system:
27 (1) otherwise complies with this chapter and IC 3-11-15; and
28 (2) is certified by the Indiana election commission.
29 (c) A county election board may not use an approved electronic
30 voting system purchased, leased, or otherwise acquired by the county
31 after December 31, 2019, unless the system:
32 (1) is certified by the Indiana election commission; and
33 (2) includes a voter verifiable paper audit trail.
34 This subsection does not apply to a voting system used by a voter
35 casting an absentee ballot with the absentee voter board under
36 IC 3-11-10-25. This subsection does not prohibit a county election
37 board from having maintenance performed on an electronic voting
38 system purchased, leased, or otherwise acquired by the county before
39 January 1, 2020.
40 (d) The voter verifiable paper audit trail must contain all of the
41 following:
42 (1) The name or code of the election as provided by the voting
2024 IN 170—LS 6597/DI 149 3
1 system.
2 (2) The date of the election.
3 (3) The date the voter verifiable paper audit trail was printed.
4 (4) A security code and record number specific to each paper
5 receipt assigned by the voting system.
6 (5) The name or designation of the voter's precinct.
7 (6) The name or designation of each office on the voter's ballot.
8 (7) The name of the candidate and the designation of the
9 candidate's political party selected by the voter.
10 (8) If the voter selects a straight party ticket, the name of the
11 political party ticket the voter selected.
12 (9) The following information:
13 (A) A description of the text of any public question or judicial
14 retention question on the voter's ballot that:
15 (i) contains not more than thirty (30) characters; and
16 (ii) the county election board determines reasonably conveys
17 the content of the public question or judicial retention
18 question.
19 (B) The response the voter selected for each question.
20 (e) The voter verifiable paper audit trail may contain additional
21 information and instructions determined to be useful to the voter by the
22 county election board subject to the design capabilities of the voter
23 verifiable paper audit trail.
24 (f) This subsection applies to a county in which any direct record
25 electronic voting system that does not include a voter verifiable paper
26 audit trail is used for an election. A county election board shall not use
27 a direct record electronic voting system in an election after July 1,
28 2022, unless the county election board:
29 (1) uses a number of direct record electronic voting systems
30 including a voter verifiable paper audit trail in the election that is
31 equal to or greater than ten percent (10%) of the total number of
32 direct record electronic voting systems owned, leased, or
33 otherwise available to the county as of January 1, 2022, and as of
34 January 1 in each year thereafter;
35 (2) determines, not later than July 1, 2022, and January 1 of each
36 year thereafter, the minimum number of direct record electronic
37 voting systems including a voter verifiable paper audit trail
38 necessary to comply with the requirement of this subsection; and
39 (3) files a certification of this determination to the secretary of
40 state not later than August 11, 2022, and February 11 of each year
41 thereafter.
42 This subsection does not apply to a voting system used by a voter
2024 IN 170—LS 6597/DI 149 4
1 casting an absentee ballot with the absentee voter board under
2 IC 3-11-10-25.
3 SECTION 3. IC 3-14-3-4, AS AMENDED BY P.L.158-2013,
4 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 UPON PASSAGE]: Sec. 4. (a) A person who:
6 (1) knowingly obstructs or interferes with an election officer
7 worker in the discharge of the officer's election worker's duty;
8 or
9 (2) knowingly obstructs or interferes with a voter within the
10 chute;
11 commits a Level 6 felony.
12 (b) A person who knowingly injures an election officer worker or
13 a voter:
14 (1) in the exercise of the officer's election worker's or voter's
15 rights or duties; or
16 (2) because the officer election worker or voter has exercised the
17 officer's election worker's or voter's rights or duties;
18 commits a Level 6 felony.
19 (c) A person called as a witness to testify against another for a
20 violation of this section is a competent witness to prove the offense
21 even though the person may have been a party to the violation. The
22 person shall be compelled to testify as other witnesses. However, the
23 person's evidence may not be used against the person in a prosecution
24 growing out of matters about which the person testifies, and the person
25 is not liable to indictment or information for the offense.
26 SECTION 4. IC 3-14-3-18, AS AMENDED BY P.L.158-2013,
27 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 UPON PASSAGE]: Sec. 18. (a) As used in this section, "candidate"
29 includes an individual whom the person knows is considering
30 becoming a candidate.
31 (b) A person who, for the purpose of influencing a voter, an election
32 worker, or a candidate, does any of the following commits a Level 6
33 felony:
34 (1) Seeks to enforce the payment of a debt by force or threat of
35 force.
36 (2) Ejects or threatens to eject the voter, election worker, or
37 candidate from a house the voter, election worker, or candidate
38 occupies.
39 (3) Begins a criminal prosecution.
40 (4) Damages the business or trade of the voter, election worker,
41 or candidate.
42 (5) Communicates a threat to commit a forcible felony (as defined
2024 IN 170—LS 6597/DI 149 5
1 in IC 35-31.5-2-138) against a voter, an election worker, or a
2 candidate with the intent that the voter, election worker, or
3 candidate:
4 (A) engage in conduct against the voter's, election worker's,
5 or candidate's will; or
6 (B) be placed in fear of retaliation for a prior lawful act as a
7 voter, an election worker, or a candidate.
8 SECTION 5. An emergency is declared for this act.
2024 IN 170—LS 6597/DI 149