LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS FISCAL IMPACT STATEMENT LS 7714 NOTE PREPARED: Mar 31, 2025 BILL NUMBER: HB 1680 BILL AMENDED: Mar 31, 2025 SUBJECT: Election Security and Transparency. FIRST AUTHOR: Rep. Wesco BILL STATUS: CR Adopted - 2 nd House FIRST SPONSOR: Sen. Gaskill FUNDS AFFECTED:XGENERAL IMPACT: State & Local XDEDICATED FEDERAL Summary of Legislation: (Amended) 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. 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 (3) completing; any part of a voter registration form that will be executed by another individual. 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. HB 1680 1 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. 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 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: Penalty Provision– If additional court cases occur and fines are collected, revenue to both the Common School Fund (from fines) and the state General Fund (from court fees) would increase. The maximum fine for a Class A misdemeanor is $5,000. 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. HB 1680 2 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. 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, 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. Information Sources: Secretary of State; Indiana Office of Technology, FY 2025 service rates. Fiscal Analyst: Chris Baker, 317-232-9851. HB 1680 3