LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7714 NOTE PREPARED: Jan 15, 2025
BILL NUMBER: HB 1680 BILL AMENDED:
SUBJECT: Election Security and Transparency.
FIRST AUTHOR: Rep. Wesco BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: Secretary of State– The bill requires each county to submit to the Secretary of
State (Secretary) information concerning the county's information technology provider.
Reentry/Exit of Polls– The bill permits a poll book holder, challenger, or watcher to enter, leave, and reenter
multiple polling places at any time on election day.
Proof of Citizenship– The bill requires the County Voter Registration Official (CVRO) to send a notice
requesting proof of citizenship to an individual who uses an identification number from a temporary
credential as part of the individual's voter registration application.
List of Information– The bill modifies the list of information concerning a voter that the Election Division
is prohibited from providing.
Computerized List Distribution– The bill provides, with exceptions, that certain individuals are entitled to
review data concerning registered voters that has been collected and maintained on the computerized list.
The bill allows the Election Division to contract with a private vendor to make data available and specifies
the fees the Election Division may charge for providing copies of data.
Penalty Provision– The bill provides that a person who intentionally uses the computerized list for
commercial purposes commits a Class A misdemeanor.
Repeal of County Policy– The bill repeals provisions concerning the requirement that a county voter
registration office act in accordance with a nondiscriminatory uniform policy adopted by the county election
board with regard to certain voter registration information.
Voter Registration– The bill provides that an applicant may not list on a voter registration form a post office
box or a commercially available mailing box as the residence address of the applicant. The bill prohibits,
with some exceptions, an individual from: (1) printing information on; (2) setting forth information on; or
HB 1680 1 (3) completing; any part of a voter registration form that will be executed by another individual. The bill
specifies that a voter registration form must be completed and executed by the voter applying to register to
vote.
Memorandum of Understanding– The bill permits the Secretary to enter a memorandum of understanding
with another state to share voter registration information for the purpose of voter list maintenance.
Petition of Nominations– The bill requires a person who receives a completed petition for nomination of a
candidate and has reason to believe that the petition is materially false, fictitious, or fraudulent to deliver the
petition to a county election board.
County Election Boards– The bill requires the county election board to take certain actions to determine if
a violation of election law has occurred.
Challengers– The bill allows a voter who resides in any precinct to challenge a voter or person who offers
to vote at a primary election.
Absentee Ballot– The bill provides that an absentee ballot affidavit that does not contain an accurate date of
signature is insufficient and must be rejected.
Procedure Audit– The bill permits the Secretary to conduct a procedure audit of a primary or general election
after the election occurs. The bill requires the secretary to issue orders concerning procedure audits. The bill
specifies the deadlines by which procedure audits must be completed.
Penalty Provision– The bill makes it a Class A misdemeanor to circulate or publish material in an election
without printing a certain statement on the envelope of an absentee ballot application that a person sends to
an individual.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Election Division– The Election Division may need to update their
publications of the changes reflected in the bill. Additionally, the Division may need to update voter forms
to indicate to potential registrants of the listing address requirements under the bill. These changes could be
accomplished as the Division updates their publications and forms annually as a routine matter of business.
Computerized List Distribution– This provision may increase the workload of the Election Division slightly
if more persons request a copy of the data within the computerized list. The Election Division would likely
incur additional expenditures to implement the bill’s changes. Any increase in expenditures would depend
on the terms reached between the Division and the vendor chosen to provide the requested data in either via
electronic media format or production of a computer run list as specified under the bill.
Secretary of State– The bill would require the Secretary of State to compile information transferred to them
from counties regarding counties’ information technology providers and their providers’ addresses.
Proof of Citizenship– The Election Division would be able to prescribe the notice as a routine matter of
business.
Memorandum of Understanding– This provision may require the Secretary to ensure that a safe and secure
HB 1680 2 data link is established with the state or states that an MOU is established with. A confidential link for a
server and database runs about $2,500 per year or approximately $208 per month.
Procedure Audits– If the Secretary’s office decided to conduct procedure audits after each election, state
expenditures could potentially increase in years that audits are conducted. Sources for funding of the audits
would come from existing funding not currently encumbered for other purposes or new appropriation, which
may require further administrative action to use for this purpose.
Explanation of State Revenues: Computerized List Distribution– The Election Division would have the
option of charging fees to the additional individuals, allowed under the bill, that may request computerized
list data. The fee structure would depend on the amount of data requested, which would range from $50 to
$500. Any additional revenue the provision may generate is indeterminable, but likely minimal.
Penalty Provision– The bill would establish two Class A misdemeanors as described in the synopsis above.
If additional court cases occur and fines are collected, revenue to both the Common School Fund and the
state General Fund would increase. The maximum fine for a Class A misdemeanor is $5,000. Criminal fines
are deposited in the Common School Fund. The total fee revenue per case would range between $113 and
$138. The amount of court fees deposited will vary depending on whether the case is filed in a court of
record or a municipal court. The following linked document describes the fees and distribution of the
revenue: Court fees imposed in criminal, juvenile, and civil violation cases.
Explanation of Local Expenditures: Secretary of State– Counties would likely be able to supply the
required information on their information technology providers to the Secretary as a routine matter of
business.
Repeal of County Policy– Counties with policies in place would no longer be able to provide computerized
voter registration information to persons requesting it. This provision would slightly reduce the workload
of county election boards.
Proof of Citizenship– CVROs would see a workload increase as a result of this provision. However, it is
likely the workload increase could be handled with the CVROs’ existing staff levels.
County Election Boards– It is likely that county election boards would be able to determine if a petition of
nomination turned in by a citizen could be fraudulent within their existing staff and meeting schedule. If
additional meetings are required, then election board expenditures would increase to compensate the
members for their service time.
Penalty Provision– A Class A misdemeanor is punishable by up to one year in jail. The average cost per day
to incarcerate a prisoner is approximately $64.53 based on the per diem payments reported by U.S. Marshals
to house federal prisoners in 11 county jails across Indiana during CY 2021.
Explanation of Local Revenues: Repeal of County Policy– Counties with policies in place would no longer
be able to collect fees for copies of computerized voter registration information to persons requesting it. This
provision would slightly reduce county revenues.
Penalty Provision– If additional court actions occur and a guilty verdict is entered, more revenue will be
collected by certain local units. If the case is filed in a court of record, the county general fund will receive
$47.40 and qualifying municipalities will receive a share of $3.60. If the case is filed in a municipal court,
HB 1680 3 the county receives $30, and the municipality will receive $46. The following linked document describes the
fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases.
State Agencies Affected: Election Division, Secretary of State.
Local Agencies Affected: County election boards, CVROs; trial courts, local law enforcement agencies.
Information Sources: Secretary of State; Indiana Office of Technology, FY 2025 service rates.
Fiscal Analyst: Chris Baker, 317-232-9851.
HB 1680 4