*EH1680.2* Reprinted April 8, 2025 ENGROSSED HOUSE BILL No. 1680 _____ DIGEST OF HB 1680 (Updated April 7, 2025 3:32 pm - DI 149) Citations Affected: IC 3-5; IC 3-6; IC 3-7; IC 3-8; IC 3-10; IC 3-11.5; IC 3-12; IC 3-14. Synopsis: Election security and transparency. Requires each county to submit to the secretary of state (secretary) information concerning the county's information technology provider. Permits a pollbook holder, challenger, or watcher to enter, leave, and reenter multiple polling places at any time on election day. Requires the county voter registration official to send a notice requesting proof of citizenship to an individual who uses an identification number from a temporary (Continued next page) Effective: July 1, 2025. Wesco (SENATE SPONSOR — GASKILL) January 21, 2025, read first time and referred to Committee on Elections and Apportionment. February 6, 2025, amended, reported — Do Pass. February 10, 2025, read second time, ordered engrossed. February 11, 2025, engrossed. Read third time, passed. Yeas 65, nays 25. SENATE ACTION March 3, 2025, read first time and referred to Committee on Elections. March 31, 2025, amended, reported favorably — Do Pass. April 7, 2025, read second time, amended, ordered engrossed. EH 1680—LS 7714/DI 144 Digest Continued credential as part of the individual's voter registration application. 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. Prohibits, with some exceptions, an individual from printing or setting forth information on any part of a voter registration form that will be mailed to another individual. 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. Requires the county election board to take certain actions to determine if a violation of election law has occurred. Allows a voter who resides in any precinct to challenge a voter or person who offers to vote at a primary election. Provides that an absentee ballot affidavit that does not contain an accurate date of signature is insufficient and must be rejected. Permits the secretary to conduct a procedure audit of a primary or general election after the election occurs. Requires the secretary to issue orders concerning procedure audits. Specifies the deadlines by which procedure audits must be completed. 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. EH 1680—LS 7714/DI 144EH 1680—LS 7714/DI 144 Reprinted April 8, 2025 First Regular Session of the 124th General Assembly (2025) 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 2024 Regular Session of the General Assembly. ENGROSSED HOUSE BILL No. 1680 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 3-5-4-12.5 IS ADDED TO THE INDIANA CODE 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 3 1, 2025]: Sec. 12.5. (a) Each county shall submit the following to the 4 secretary of state: 5 (1) The name of the county's information technology provider. 6 (2) Contact information for the provider listed in subdivision 7 (1). 8 (b) Each county shall notify the secretary of state of any change 9 in the information provided under subsection (a). 10 SECTION 2. IC 3-6-7-5, AS AMENDED BY P.L.230-2005, 11 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 12 JULY 1, 2025]: Sec. 5. (a) A pollbook holder or a challenger appointed 13 under this chapter is entitled to do the following: 14 (1) Enter the polls at least thirty (30) minutes before the opening 15 of the polls and remain there throughout election day until the EH 1680—LS 7714/DI 144 2 1 polls close. 2 (2) Enter, leave, and reenter the polls at any time on election day. 3 (b) A pollbook holder or a challenger is subject to the orders of the 4 board while in the polls. 5 (c) If demanded by a member of the precinct election board, a 6 pollbook holder or a challenger shall produce the identification card 7 issued under section 1(d) of this chapter. 8 (d) Subject to the restrictions under section 1 of this chapter, a 9 pollbook holder or challenger appointed under this chapter may 10 enter, leave, and reenter multiple polling places at any time on 11 election day. 12 SECTION 3. IC 3-6-8-4, AS AMENDED BY P.L.209-2021, 13 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 14 JULY 1, 2025]: Sec. 4. (a) A watcher appointed under this chapter is 15 entitled to do the following: 16 (1) Enter the polls at least thirty (30) minutes before the opening 17 of the polls and remain there throughout election day until all 18 tabulations have been completed. 19 (2) Inspect the paper ballot boxes, ballot card voting system, or 20 electronic voting system before votes have been cast. 21 (3) Inspect the work being done by any precinct election officer 22 (except when a precinct election officer enters a confidential login 23 or password to obtain access to an electronic poll book or to 24 operate a voting system). 25 (4) Enter, leave, and reenter the polls at any time on election day. 26 (5) Witness the calling and recording of the votes and any other 27 proceedings of the precinct election officers in the performance 28 of official duties. 29 (6) Receive a summary of the vote prepared under IC 3-12-2-15, 30 IC 3-12-3-2, IC 3-12-3-11, or IC 3-12-3.5-3, signed by the 31 precinct election board, providing: 32 (A) the names of all candidates of the political party whose 33 primary election is being observed by the watcher and the 34 number of votes cast for each candidate; 35 (B) the names of all candidates at a general, municipal, or 36 special election and the number of votes cast for each 37 candidate; or 38 (C) the vote cast for or against a public question. 39 (7) Accompany the inspector and judge in delivering the 40 tabulation and election returns to the county election board by the 41 most direct route. 42 (8) Be present when the inspector takes a receipt for the EH 1680—LS 7714/DI 144 3 1 tabulation and election returns delivered to the county election 2 board. 3 (b) Subject to the restrictions under section 1 of this chapter, a 4 watcher appointed under this chapter may enter, leave, and 5 reenter multiple polling places at any time on election day. 6 SECTION 4. IC 3-6-8-5 IS AMENDED TO READ AS FOLLOWS 7 [EFFECTIVE JULY 1, 2025]: Sec. 5. The county election board shall 8 provide blank certificates for the summaries required by section 4(6) 9 4(a)(6) of this chapter. 10 SECTION 5. IC 3-7-26.3-37 IS ADDED TO THE INDIANA CODE 11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 12 1, 2025]: Sec. 37. (a) The county voter registration official shall 13 send a notice requesting proof of citizenship (as defined in 14 IC 3-7-38.2-7.3(a)) to each individual who uses an identification 15 number from a temporary credential issued under IC 9-24-11-5(c) 16 or IC 9-24-16-3(f) as part of the individual's voter registration 17 application. 18 (b) An individual must provide proof of citizenship to the county 19 voter registration official within thirty (30) days of receiving a 20 notice under subsection (a). 21 (c) If the individual does not provide proof of citizenship within 22 thirty (30) days of receiving a notice under subsection (a), the 23 county voter registration official shall reject the individual's voter 24 registration. 25 (d) The election division shall prescribe the design of the notice 26 required under this section. 27 SECTION 6. IC 3-7-32-2.5 IS ADDED TO THE INDIANA CODE 28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 29 1, 2025]: Sec. 2.5. An applicant may not list on the registration 30 form a post office box or a commercially available mailing box as 31 the residence address of the applicant. 32 SECTION 7. IC 3-7-32-7.5 IS ADDED TO THE INDIANA CODE 33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 34 1, 2025]: Sec. 7.5. Except as specifically authorized by this title, an 35 individual may not: 36 (1) print information; or 37 (2) set forth information; 38 on any part of a registration form that will be mailed to another 39 individual. 40 SECTION 8. IC 3-7-34-1.5, AS AMENDED BY P.L.64-2014, 41 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 42 JULY 1, 2025]: Sec. 1.5. (a) For purposes of this chapter, a registration EH 1680—LS 7714/DI 144 4 1 form is "incomplete" if the applicant does not provide any of the 2 following: 3 (1) The name of the applicant. 4 (2) The residence address of the applicant (other than the ZIP 5 code). 6 (3) The mailing address of the applicant (other than the ZIP code), 7 unless the applicant provides a residence address at which United 8 States Postal Service mail delivery for the applicant can be 9 received. 10 (4) The date of birth of the applicant. 11 (5) The voter identification number of the applicant or a statement 12 that the applicant has no voter identification number. 13 (6) The applicant's response to the question, "Are you a citizen of 14 the United States of America?". 15 (7) The applicant's response to the question, "Will you be at least 16 eighteen (18) years of age on or before election day?". 17 (8) A map, description, or diagram sufficient to permit locating 18 the voter's residence (if the applicant has no residence address 19 with a street number or name included on this application). 20 (9) The signature of the applicant to the statement swearing or 21 affirming that: 22 (A) the applicant meets the requirements for approval of the 23 application; 24 (B) the information and all other statements on the application 25 are true; and 26 (C) the applicant understands if the applicant signs the 27 statement knowing that the statement is not true, the applicant 28 is committing perjury, and understands the penalties for 29 committing perjury. 30 (b) For purposes of this chapter, a registration form is "incomplete" 31 if a person who received a completed application from the applicant 32 does not provide any of the following: 33 (1) The name and residence address of the individual who 34 received the application. 35 (2) The date on which the individual received the application 36 from the applicant. 37 (3) The signature of the individual certifying this information. 38 (c) For purposes of this chapter, a registration form is 39 "incomplete" if the applicant lists on the registration form a post 40 office box or a commercially available mailing box as the residence 41 address of the applicant. 42 (d) For purposes of this chapter, a registration form is EH 1680—LS 7714/DI 144 5 1 "incomplete" if a county voter registration office determines that 2 the registration form violates IC 3-7-32-7.5. 3 SECTION 9. IC 3-8-2-24, IS ADDED TO THE INDIANA CODE 4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 5 1, 2025]: Sec. 24. If a person receives a completed petition for 6 nomination of a candidate required under this article that the 7 person has reason to believe is materially false, fictitious, or 8 fraudulent, the person shall deliver the petition to the appropriate 9 county election board not later than ten (10) days after the person 10 receives the petition, with a statement sworn or affirmed to under 11 the penalties for perjury, setting forth the reasons why the person 12 believes the petition may be materially false, fictitious, or 13 fraudulent. The county election board shall act under IC 3-6-5-31 14 to determine if a violation of election law has occurred. 15 SECTION 10. IC 3-10-1-9 IS AMENDED TO READ AS 16 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 9. A voter in a who 17 resides in any precinct may challenge a voter or person who offers to 18 vote at a primary election. The challenged person may not vote unless 19 the challenged person: 20 (1) is registered; 21 (2) makes: 22 (A) an oral or a written affirmation under IC 3-10-12; or 23 (B) an affidavit: 24 (i) that the challenged person is a voter of the precinct; or 25 (ii) required under IC 3-10-11 if the voter declares that the 26 voter is entitled to vote under IC 3-10-11; and 27 (3) either: 28 (A) at the last general election voted for a majority of the 29 regular nominees of the political party for whose candidates 30 the challenged person proposes to vote in the primary election 31 and intends to vote for the regular nominees of the political 32 party at the next general election; or 33 (B) if the challenged person did not vote at the last general 34 election, intends to vote at the next general election for a 35 majority of the regular nominees of the political party holding 36 the primary election. 37 SECTION 11. IC 3-11.5-4-13, AS AMENDED BY P.L.153-2024, 38 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 39 JULY 1, 2025]: Sec. 13. (a) If the absentee ballot counters find under 40 section 11 of this chapter that any of the following applies, the ballots 41 shall be rejected: 42 (1) The affidavit is insufficient or that the ballot has not been EH 1680—LS 7714/DI 144 6 1 endorsed with the initials of: 2 (A) the two (2) members of the absentee voter board in the 3 office of the clerk of the circuit court under IC 3-11-4-19 or 4 IC 3-11-10-27; 5 (B) the two (2) members of the absentee voter board visiting 6 the voter under IC 3-11-10-25; or 7 (C) the two (2) appointed members of the county election 8 board or their designated representatives under IC 3-11-4-19. 9 A scantron complies with the endorsement requirement under this 10 subdivision if the scantron is endorsed with the initials of two (2) 11 members under clause (A), (B), or (C). An affidavit that does 12 not contain an accurate date of signature is insufficient for 13 purposes of this subdivision. 14 (2) The signatures do not correspond or there is no signature, and 15 the signature mismatch or missing signature is not cured by the 16 deadline established under section 13.5 or 13.6 of this chapter. 17 (3) The absentee voter is not a qualified voter in the precinct. 18 (4) The absentee voter has voted in person at the election. 19 (5) The absentee voter has not registered. 20 (6) The ballot is open or has been opened and resealed. This 21 subdivision does not permit an absentee ballot transmitted by fax 22 or electronic mail under IC 3-11-4-6 to be rejected because the 23 ballot was sealed in the absentee ballot envelope by the individual 24 designated by the circuit court to receive absentee ballots 25 transmitted by fax or electronic mail. 26 (7) The ballot envelope contains more than one (1) ballot of any 27 kind for the same office or public question. 28 (8) In case of a primary election, if the absentee voter has not 29 previously voted, the voter failed to execute the proper 30 declaration relative to age and qualifications and the political 31 party with which the voter intends to affiliate. 32 (9) The ballot has been challenged and there is no absentee ballot 33 application from the voter to support the absentee ballot. 34 (b) Subsection (c) applies whenever a voter with a disability is 35 unable to make a signature: 36 (1) on an absentee ballot application that corresponds to the 37 voter's signature in the records of the county voter registration 38 office; or 39 (2) on an absentee ballot security envelope that corresponds with 40 the voter's signature: 41 (A) in the records of the county voter registration office; or 42 (B) on the absentee ballot application. EH 1680—LS 7714/DI 144 7 1 (c) The voter may request that the voter's signature or mark be 2 attested to by any of the following: 3 (1) The absentee voter board under section 22 of this chapter. 4 (2) A member of the voter's household. 5 (3) An individual serving as attorney in fact for the voter. 6 (d) An attestation under subsection (c) provides an adequate basis 7 for the absentee ballot counters to determine that a signature or mark 8 complies with subsection (a)(2). 9 (e) If the absentee ballot counters are unable to agree on a finding 10 described under this section or section 12 of this chapter, the county 11 election board shall make the finding. 12 (f) This subsection does not apply to an absentee ballot rejected 13 under this section based on a finding that the voter's signature on the 14 absentee ballot security envelope affidavit does not correspond to any 15 signature on the voter's absentee ballot application. The absentee ballot 16 counters or county election board shall issue a certificate to a voter 17 whose ballot has been rejected under this section if the voter appears 18 in person before the board not later than 5 p.m. on election day. The 19 certificate must state that the voter's absentee ballot has been rejected 20 and that the voter may vote in person under section 21 of this chapter 21 if otherwise qualified to vote. 22 SECTION 12. IC 3-12-14-3, AS ADDED BY P.L.34-2019, 23 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 24 JULY 1, 2025]: Sec. 3. (a) The secretary of state, with the consent of 25 the co-directors of the election division, may require a procedure audit 26 of an election to be conducted if there is: 27 (1) an investigation under IC 3-6 relating to the election; or 28 (2) a recount of the election under IC 3-12. 29 (b) The secretary of state, with the consent of the co-directors of the 30 election division, may define the scope of a procedure audit under this 31 chapter. 32 (c) Notwithstanding subsection (a), the secretary of state may 33 conduct a procedure audit of a primary or general election after 34 the election occurs. 35 (d) The secretary of state shall: 36 (1) determine the number of counties; and 37 (2) select the counties; 38 subject to a procedure audit under subsection (c). 39 SECTION 13. IC 3-12-14-8 IS ADDED TO THE INDIANA CODE 40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 41 1, 2025]: Sec. 8. (a) The secretary of state shall issue orders to 42 implement and administer the requirements of this chapter. EH 1680—LS 7714/DI 144 8 1 (b) In issuing an order under subsection (a), the secretary of 2 state shall do the following: 3 (1) Consult with recognized statistical experts, equipment 4 vendors, the election division, and county election officials. 5 (2) Consider best practices for conducting procedure audits. 6 (c) A procedure audit shall be completed not later than the 7 following: 8 (1) If the audit was of the primary election, August 31 of the 9 same year as the primary election. 10 (2) If the audit was of the general election, June 30 of the year 11 following the general election. 12 SECTION 14. IC 3-12-14-9 IS ADDED TO THE INDIANA CODE 13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 14 1, 2025]: Sec. 9. (a) Notwithstanding section 8(c) of this chapter, a 15 procedure audit of the 2024 general election conducted under 16 section 3(c) of this chapter must be completed not later than 17 August 31, 2026. 18 (b) This section expires July 1, 2027. 19 SECTION 15. IC 3-14-1-3 IS AMENDED TO READ AS 20 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. An individual, an 21 organization, or a committee that circulates or publishes material in an 22 election without the statement required under IC 3-9-3-2.5 or 23 IC 3-11-4-2(f) commits a Class A misdemeanor. EH 1680—LS 7714/DI 144 9 COMMITTEE REPORT Mr. Speaker: Your Committee on Elections and Apportionment, to which was referred House Bill 1680, has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows: Page 3, delete lines 27 through 42. Delete page 4. Page 5, delete lines 1 through 37. Page 11, delete lines 2 through 5. Renumber all SECTIONS consecutively. and when so amended that said bill do pass. (Reference is to HB 1680 as introduced.) WESCO Committee Vote: yeas 8, nays 2. _____ COMMITTEE REPORT Mr. President: The Senate Committee on Elections, to which was referred House Bill No. 1680, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows: Page 3, delete lines 32 through 42, begin a new paragraph and insert: "SECTION 7. IC 3-7-32-7.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7.5. Except as specifically authorized by this title, an individual may not: (1) print information; or (2) set forth information; on any part of a registration form that will be mailed to another individual.". Renumber all SECTIONS consecutively. and when so amended that said bill do pass. (Reference is to HB 1680 as printed February 6, 2025.) EH 1680—LS 7714/DI 144 10 GASKILL, Chairperson Committee Vote: Yeas 6, Nays 2. _____ SENATE MOTION Mr. President: I move that Engrossed House Bill 1680 be amended to read as follows: Page 5, delete lines 3 through 8. Renumber all SECTIONS consecutively. (Reference is to EHB 1680 as printed April 1, 2025.) GASKILL EH 1680—LS 7714/DI 144