Indiana 2025 Regular Session

Indiana House Bill HB1680 Compare Versions

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1+*EH1680.2*
2+Reprinted
3+April 8, 2025
4+ENGROSSED
5+HOUSE BILL No. 1680
6+_____
7+DIGEST OF HB 1680 (Updated April 7, 2025 3:32 pm - DI 149)
8+Citations Affected: IC 3-5; IC 3-6; IC 3-7; IC 3-8; IC 3-10; IC 3-11.5;
9+IC 3-12; IC 3-14.
10+Synopsis: Election security and transparency. Requires each county
11+to submit to the secretary of state (secretary) information concerning
12+the county's information technology provider. Permits a pollbook
13+holder, challenger, or watcher to enter, leave, and reenter multiple
14+polling places at any time on election day. Requires the county voter
15+registration official to send a notice requesting proof of citizenship to
16+an individual who uses an identification number from a temporary
17+(Continued next page)
18+Effective: July 1, 2025.
19+Wesco
20+(SENATE SPONSOR — GASKILL)
21+January 21, 2025, read first time and referred to Committee on Elections and
22+Apportionment.
23+February 6, 2025, amended, reported — Do Pass.
24+February 10, 2025, read second time, ordered engrossed.
25+February 11, 2025, engrossed. Read third time, passed. Yeas 65, nays 25.
26+SENATE ACTION
27+March 3, 2025, read first time and referred to Committee on Elections.
28+March 31, 2025, amended, reported favorably — Do Pass.
29+April 7, 2025, read second time, amended, ordered engrossed.
30+EH 1680—LS 7714/DI 144 Digest Continued
31+credential as part of the individual's voter registration application.
32+Provides that an applicant may not list on a voter registration form a
33+post office box or a commercially available mailing box as the
34+residence address of the applicant. Prohibits, with some exceptions, an
35+individual from printing or setting forth information on any part of a
36+voter registration form that will be mailed to another individual.
37+Requires a person who receives a completed petition for nomination of
38+a candidate and has reason to believe that the petition is materially
39+false, fictitious, or fraudulent to deliver the petition to a county election
40+board. Requires the county election board to take certain actions to
41+determine if a violation of election law has occurred. Allows a voter
42+who resides in any precinct to challenge a voter or person who offers
43+to vote at a primary election. Provides that an absentee ballot affidavit
44+that does not contain an accurate date of signature is insufficient and
45+must be rejected. Permits the secretary to conduct a procedure audit of
46+a primary or general election after the election occurs. Requires the
47+secretary to issue orders concerning procedure audits. Specifies the
48+deadlines by which procedure audits must be completed. Makes it a
49+Class A misdemeanor to circulate or publish material in an election
50+without printing a certain statement on the envelope of an absentee
51+ballot application that a person sends to an individual.
52+EH 1680—LS 7714/DI 144EH 1680—LS 7714/DI 144 Reprinted
53+April 8, 2025
154 First Regular Session of the 124th General Assembly (2025)
255 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
356 Constitution) is being amended, the text of the existing provision will appear in this style type,
457 additions will appear in this style type, and deletions will appear in this style type.
558 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
659 provision adopted), the text of the new provision will appear in this style type. Also, the
760 word NEW will appear in that style type in the introductory clause of each SECTION that adds
861 a new provision to the Indiana Code or the Indiana Constitution.
962 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1063 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1680
12-AN ACT to amend the Indiana Code concerning elections.
64+ENGROSSED
65+HOUSE BILL No. 1680
66+A BILL FOR AN ACT to amend the Indiana Code concerning
67+elections.
1368 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 3-5-2-2.5 IS AMENDED TO READ AS
15-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2.5. "Auxiliary party
16-organization" means an organization located within or outside Indiana
17-that:
18-(1) is affiliated with a political party;
19-(2) proposes to influence the election of a candidate for state,
20-legislative, local, or school board office, or the outcome of a
21-public question; and
22-(3) has not:
23-(A) had an annual budget expenditure of five ten thousand
24-dollars ($5,000) ($10,000) or more in at least one (1) of the
25-last two (2) years; or
26-(B) made a contribution of more than one thousand dollars
27-($1,000) to another committee or to a candidate.
28-SECTION 2. IC 3-5-2-15, AS AMENDED BY P.L.114-2012,
29-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30-JULY 1, 2025]: Sec. 15. (a) "Contribution" means a donation (whether
31-characterized as an advance, a deposit, a gift, a loan, a subscription, or
32-a contract or promise to make a donation) of property (as defined in
33-IC 35-31.5-2-253) that satisfies both of the following:
34-HEA 1680 — CC 1 2
35-(1) The donation is made for the purpose of influencing any of the
36-following:
37-(A) The nomination or election to office of a candidate.
38-(B) The election of delegates to a state constitutional
39-convention.
40-(C) The outcome of a public question.
41-(2) The donation is accepted by any of the following:
42-(A) A candidate.
43-(B) A candidate's committee.
44-(C) A regular party committee.
45-(D) A political action committee.
46-(E) A legislative caucus committee.
47-(b) Whenever funds are transferred from one (1) committee to
48-another, the accepting committee is considered to be receiving a
49-contribution in the amount of the funds transferred.
50-(c) Whenever a candidate or a committee accepts the personal
51-services of a person whose compensation is being paid by a third
52-person, the candidate or committee is considered to be receiving a
53-contribution from the third person in the amount of the compensation
54-paid.
55-(d) The term defined in subsection (a) includes a donation of
56-property (as defined in IC 35-31.5-2-253):
57-(1) that satisfies subsection (a)(1) and (a)(2); and
58-(2) through a payment platform that acts as a conduit.
59-(d) (e) Notwithstanding subsection (a), whenever a candidate or a
60-committee accepts the personal services of a volunteer who is not being
61-compensated, the candidate or committee is not considered to be
62-receiving a contribution.
63-(e) (f) Notwithstanding subsection (a), whenever a political action
64-committee accepts a donation of:
65-(1) rent;
66-(2) office expenses;
67-(3) management fees;
68-(4) costs of solicitations of contributions; or
69-(5) other administrative costs;
70-the committee is not considered to be receiving a contribution.
71-SECTION 3. IC 3-5-4-12.5 IS ADDED TO THE INDIANA CODE
72-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
73-1, 2025]: Sec. 12.5. (a) Each county shall submit the following to the
74-secretary of state:
75-(1) The name of the county's information technology provider.
76-(2) Contact information for the provider listed in subdivision
77-HEA 1680 — CC 1 3
78-(1).
79-(b) Each county shall notify the secretary of state of any change
80-in the information provided under subsection (a).
81-SECTION 4. IC 3-6-4.1-25 IS AMENDED TO READ AS
82-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 25. The commission
83-may do any of the following hold hearings under IC 4-21.5 to
84-administer Indiana election law.
85-(1) Hold hearings under IC 4-21.5.
86-(2) Issue advisory opinions.
87-SECTION 5. IC 3-6-4.1-26 IS ADDED TO THE INDIANA CODE
88-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
89-1, 2025]: Sec. 26. An advisory opinion issued by the commission
90-before July 1, 2025, is void.
91-SECTION 6. IC 3-6-7-5, AS AMENDED BY P.L.230-2005,
92-SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
93-JULY 1, 2025]: Sec. 5. (a) A pollbook holder or a challenger appointed
94-under this chapter is entitled to do the following:
95-(1) Enter the polls at least thirty (30) minutes before the opening
96-of the polls and remain there throughout election day until the
97-polls close.
98-(2) Enter, leave, and reenter the polls at any time on election day.
99-(b) A pollbook holder or a challenger is subject to the orders of the
100-board while in the polls.
101-(c) If demanded by a member of the precinct election board, a
102-pollbook holder or a challenger shall produce the identification card
103-issued under section 1(d) of this chapter.
104-(d) Subject to the restrictions under section 1 of this chapter, a
105-pollbook holder or challenger appointed under this chapter may
106-enter, leave, and reenter multiple polling places at any time on
107-election day.
108-SECTION 7. IC 3-6-8-4, AS AMENDED BY P.L.209-2021,
109-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
110-JULY 1, 2025]: Sec. 4. (a) A watcher appointed under this chapter is
111-entitled to do the following:
112-(1) Enter the polls at least thirty (30) minutes before the opening
113-of the polls and remain there throughout election day until all
114-tabulations have been completed.
115-(2) Inspect the paper ballot boxes, ballot card voting system, or
116-electronic voting system before votes have been cast.
117-(3) Inspect the work being done by any precinct election officer
118-(except when a precinct election officer enters a confidential login
119-or password to obtain access to an electronic poll book or to
120-HEA 1680 — CC 1 4
121-operate a voting system).
122-(4) Enter, leave, and reenter the polls at any time on election day.
123-(5) Witness the calling and recording of the votes and any other
124-proceedings of the precinct election officers in the performance
125-of official duties.
126-(6) Receive a summary of the vote prepared under IC 3-12-2-15,
127-IC 3-12-3-2, IC 3-12-3-11, or IC 3-12-3.5-3, signed by the
128-precinct election board, providing:
129-(A) the names of all candidates of the political party whose
130-primary election is being observed by the watcher and the
131-number of votes cast for each candidate;
132-(B) the names of all candidates at a general, municipal, or
133-special election and the number of votes cast for each
134-candidate; or
135-(C) the vote cast for or against a public question.
136-(7) Accompany the inspector and judge in delivering the
137-tabulation and election returns to the county election board by the
138-most direct route.
139-(8) Be present when the inspector takes a receipt for the
140-tabulation and election returns delivered to the county election
141-board.
142-(b) Subject to the restrictions under section 1 of this chapter, a
143-watcher appointed under this chapter may enter, leave, and
144-reenter multiple polling places at any time on election day.
145-SECTION 8. IC 3-6-8-5 IS AMENDED TO READ AS FOLLOWS
146-[EFFECTIVE JULY 1, 2025]: Sec. 5. The county election board shall
147-provide blank certificates for the summaries required by section 4(6)
148-4(a)(6) of this chapter.
149-SECTION 9. IC 3-7-26.3-37 IS ADDED TO THE INDIANA CODE
150-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
151-1, 2025]: Sec. 37. (a) The county voter registration official shall
152-send a notice requesting proof of citizenship (as defined in
153-IC 3-7-38.2-7.3(a)) to each individual who uses an identification
154-number from a temporary credential issued under IC 9-24-11-5(c)
155-or IC 9-24-16-3(f) as part of the individual's voter registration
156-application.
157-(b) An individual must provide proof of citizenship to the county
158-voter registration official within thirty (30) days of receiving a
159-notice under subsection (a).
160-(c) If the individual does not provide proof of citizenship within
161-thirty (30) days of receiving a notice under subsection (a), the
162-county voter registration official shall reject the individual's voter
163-HEA 1680 — CC 1 5
164-registration.
165-(d) The election division shall prescribe the design of the notice
166-required under this section.
167-SECTION 10. IC 3-7-32-2.5 IS ADDED TO THE INDIANA CODE
168-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
169-1, 2025]: Sec. 2.5. An applicant may not list on the registration
170-form a post office box or a commercially available mailing box as
171-the residence address of the applicant.
172-SECTION 11. IC 3-7-32-7.5 IS ADDED TO THE INDIANA CODE
69+1 SECTION 1. IC 3-5-4-12.5 IS ADDED TO THE INDIANA CODE
70+2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
71+3 1, 2025]: Sec. 12.5. (a) Each county shall submit the following to the
72+4 secretary of state:
73+5 (1) The name of the county's information technology provider.
74+6 (2) Contact information for the provider listed in subdivision
75+7 (1).
76+8 (b) Each county shall notify the secretary of state of any change
77+9 in the information provided under subsection (a).
78+10 SECTION 2. IC 3-6-7-5, AS AMENDED BY P.L.230-2005,
79+11 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
80+12 JULY 1, 2025]: Sec. 5. (a) A pollbook holder or a challenger appointed
81+13 under this chapter is entitled to do the following:
82+14 (1) Enter the polls at least thirty (30) minutes before the opening
83+15 of the polls and remain there throughout election day until the
84+EH 1680—LS 7714/DI 144 2
85+1 polls close.
86+2 (2) Enter, leave, and reenter the polls at any time on election day.
87+3 (b) A pollbook holder or a challenger is subject to the orders of the
88+4 board while in the polls.
89+5 (c) If demanded by a member of the precinct election board, a
90+6 pollbook holder or a challenger shall produce the identification card
91+7 issued under section 1(d) of this chapter.
92+8 (d) Subject to the restrictions under section 1 of this chapter, a
93+9 pollbook holder or challenger appointed under this chapter may
94+10 enter, leave, and reenter multiple polling places at any time on
95+11 election day.
96+12 SECTION 3. IC 3-6-8-4, AS AMENDED BY P.L.209-2021,
97+13 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
98+14 JULY 1, 2025]: Sec. 4. (a) A watcher appointed under this chapter is
99+15 entitled to do the following:
100+16 (1) Enter the polls at least thirty (30) minutes before the opening
101+17 of the polls and remain there throughout election day until all
102+18 tabulations have been completed.
103+19 (2) Inspect the paper ballot boxes, ballot card voting system, or
104+20 electronic voting system before votes have been cast.
105+21 (3) Inspect the work being done by any precinct election officer
106+22 (except when a precinct election officer enters a confidential login
107+23 or password to obtain access to an electronic poll book or to
108+24 operate a voting system).
109+25 (4) Enter, leave, and reenter the polls at any time on election day.
110+26 (5) Witness the calling and recording of the votes and any other
111+27 proceedings of the precinct election officers in the performance
112+28 of official duties.
113+29 (6) Receive a summary of the vote prepared under IC 3-12-2-15,
114+30 IC 3-12-3-2, IC 3-12-3-11, or IC 3-12-3.5-3, signed by the
115+31 precinct election board, providing:
116+32 (A) the names of all candidates of the political party whose
117+33 primary election is being observed by the watcher and the
118+34 number of votes cast for each candidate;
119+35 (B) the names of all candidates at a general, municipal, or
120+36 special election and the number of votes cast for each
121+37 candidate; or
122+38 (C) the vote cast for or against a public question.
123+39 (7) Accompany the inspector and judge in delivering the
124+40 tabulation and election returns to the county election board by the
125+41 most direct route.
126+42 (8) Be present when the inspector takes a receipt for the
127+EH 1680—LS 7714/DI 144 3
128+1 tabulation and election returns delivered to the county election
129+2 board.
130+3 (b) Subject to the restrictions under section 1 of this chapter, a
131+4 watcher appointed under this chapter may enter, leave, and
132+5 reenter multiple polling places at any time on election day.
133+6 SECTION 4. IC 3-6-8-5 IS AMENDED TO READ AS FOLLOWS
134+7 [EFFECTIVE JULY 1, 2025]: Sec. 5. The county election board shall
135+8 provide blank certificates for the summaries required by section 4(6)
136+9 4(a)(6) of this chapter.
137+10 SECTION 5. IC 3-7-26.3-37 IS ADDED TO THE INDIANA CODE
138+11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
139+12 1, 2025]: Sec. 37. (a) The county voter registration official shall
140+13 send a notice requesting proof of citizenship (as defined in
141+14 IC 3-7-38.2-7.3(a)) to each individual who uses an identification
142+15 number from a temporary credential issued under IC 9-24-11-5(c)
143+16 or IC 9-24-16-3(f) as part of the individual's voter registration
144+17 application.
145+18 (b) An individual must provide proof of citizenship to the county
146+19 voter registration official within thirty (30) days of receiving a
147+20 notice under subsection (a).
148+21 (c) If the individual does not provide proof of citizenship within
149+22 thirty (30) days of receiving a notice under subsection (a), the
150+23 county voter registration official shall reject the individual's voter
151+24 registration.
152+25 (d) The election division shall prescribe the design of the notice
153+26 required under this section.
154+27 SECTION 6. IC 3-7-32-2.5 IS ADDED TO THE INDIANA CODE
155+28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
156+29 1, 2025]: Sec. 2.5. An applicant may not list on the registration
157+30 form a post office box or a commercially available mailing box as
158+31 the residence address of the applicant.
159+32 SECTION 7. IC 3-7-32-7.5 IS ADDED TO THE INDIANA CODE
160+33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
161+34 1, 2025]: Sec. 7.5. Except as specifically authorized by this title, an
162+35 individual may not:
163+36 (1) print information; or
164+37 (2) set forth information;
165+38 on any part of a registration form that will be mailed to another
166+39 individual.
167+40 SECTION 8. IC 3-7-34-1.5, AS AMENDED BY P.L.64-2014,
168+41 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
169+42 JULY 1, 2025]: Sec. 1.5. (a) For purposes of this chapter, a registration
170+EH 1680—LS 7714/DI 144 4
171+1 form is "incomplete" if the applicant does not provide any of the
172+2 following:
173+3 (1) The name of the applicant.
174+4 (2) The residence address of the applicant (other than the ZIP
175+5 code).
176+6 (3) The mailing address of the applicant (other than the ZIP code),
177+7 unless the applicant provides a residence address at which United
178+8 States Postal Service mail delivery for the applicant can be
179+9 received.
180+10 (4) The date of birth of the applicant.
181+11 (5) The voter identification number of the applicant or a statement
182+12 that the applicant has no voter identification number.
183+13 (6) The applicant's response to the question, "Are you a citizen of
184+14 the United States of America?".
185+15 (7) The applicant's response to the question, "Will you be at least
186+16 eighteen (18) years of age on or before election day?".
187+17 (8) A map, description, or diagram sufficient to permit locating
188+18 the voter's residence (if the applicant has no residence address
189+19 with a street number or name included on this application).
190+20 (9) The signature of the applicant to the statement swearing or
191+21 affirming that:
192+22 (A) the applicant meets the requirements for approval of the
193+23 application;
194+24 (B) the information and all other statements on the application
195+25 are true; and
196+26 (C) the applicant understands if the applicant signs the
197+27 statement knowing that the statement is not true, the applicant
198+28 is committing perjury, and understands the penalties for
199+29 committing perjury.
200+30 (b) For purposes of this chapter, a registration form is "incomplete"
201+31 if a person who received a completed application from the applicant
202+32 does not provide any of the following:
203+33 (1) The name and residence address of the individual who
204+34 received the application.
205+35 (2) The date on which the individual received the application
206+36 from the applicant.
207+37 (3) The signature of the individual certifying this information.
208+38 (c) For purposes of this chapter, a registration form is
209+39 "incomplete" if the applicant lists on the registration form a post
210+40 office box or a commercially available mailing box as the residence
211+41 address of the applicant.
212+42 (d) For purposes of this chapter, a registration form is
213+EH 1680—LS 7714/DI 144 5
214+1 "incomplete" if a county voter registration office determines that
215+2 the registration form violates IC 3-7-32-7.5.
216+3 SECTION 9. IC 3-8-2-24, IS ADDED TO THE INDIANA CODE
217+4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
218+5 1, 2025]: Sec. 24. If a person receives a completed petition for
219+6 nomination of a candidate required under this article that the
220+7 person has reason to believe is materially false, fictitious, or
221+8 fraudulent, the person shall deliver the petition to the appropriate
222+9 county election board not later than ten (10) days after the person
223+10 receives the petition, with a statement sworn or affirmed to under
224+11 the penalties for perjury, setting forth the reasons why the person
225+12 believes the petition may be materially false, fictitious, or
226+13 fraudulent. The county election board shall act under IC 3-6-5-31
227+14 to determine if a violation of election law has occurred.
228+15 SECTION 10. IC 3-10-1-9 IS AMENDED TO READ AS
229+16 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 9. A voter in a who
230+17 resides in any precinct may challenge a voter or person who offers to
231+18 vote at a primary election. The challenged person may not vote unless
232+19 the challenged person:
233+20 (1) is registered;
234+21 (2) makes:
235+22 (A) an oral or a written affirmation under IC 3-10-12; or
236+23 (B) an affidavit:
237+24 (i) that the challenged person is a voter of the precinct; or
238+25 (ii) required under IC 3-10-11 if the voter declares that the
239+26 voter is entitled to vote under IC 3-10-11; and
240+27 (3) either:
241+28 (A) at the last general election voted for a majority of the
242+29 regular nominees of the political party for whose candidates
243+30 the challenged person proposes to vote in the primary election
244+31 and intends to vote for the regular nominees of the political
245+32 party at the next general election; or
246+33 (B) if the challenged person did not vote at the last general
247+34 election, intends to vote at the next general election for a
248+35 majority of the regular nominees of the political party holding
249+36 the primary election.
250+37 SECTION 11. IC 3-11.5-4-13, AS AMENDED BY P.L.153-2024,
251+38 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
252+39 JULY 1, 2025]: Sec. 13. (a) If the absentee ballot counters find under
253+40 section 11 of this chapter that any of the following applies, the ballots
254+41 shall be rejected:
255+42 (1) The affidavit is insufficient or that the ballot has not been
256+EH 1680—LS 7714/DI 144 6
257+1 endorsed with the initials of:
258+2 (A) the two (2) members of the absentee voter board in the
259+3 office of the clerk of the circuit court under IC 3-11-4-19 or
260+4 IC 3-11-10-27;
261+5 (B) the two (2) members of the absentee voter board visiting
262+6 the voter under IC 3-11-10-25; or
263+7 (C) the two (2) appointed members of the county election
264+8 board or their designated representatives under IC 3-11-4-19.
265+9 A scantron complies with the endorsement requirement under this
266+10 subdivision if the scantron is endorsed with the initials of two (2)
267+11 members under clause (A), (B), or (C). An affidavit that does
268+12 not contain an accurate date of signature is insufficient for
269+13 purposes of this subdivision.
270+14 (2) The signatures do not correspond or there is no signature, and
271+15 the signature mismatch or missing signature is not cured by the
272+16 deadline established under section 13.5 or 13.6 of this chapter.
273+17 (3) The absentee voter is not a qualified voter in the precinct.
274+18 (4) The absentee voter has voted in person at the election.
275+19 (5) The absentee voter has not registered.
276+20 (6) The ballot is open or has been opened and resealed. This
277+21 subdivision does not permit an absentee ballot transmitted by fax
278+22 or electronic mail under IC 3-11-4-6 to be rejected because the
279+23 ballot was sealed in the absentee ballot envelope by the individual
280+24 designated by the circuit court to receive absentee ballots
281+25 transmitted by fax or electronic mail.
282+26 (7) The ballot envelope contains more than one (1) ballot of any
283+27 kind for the same office or public question.
284+28 (8) In case of a primary election, if the absentee voter has not
285+29 previously voted, the voter failed to execute the proper
286+30 declaration relative to age and qualifications and the political
287+31 party with which the voter intends to affiliate.
288+32 (9) The ballot has been challenged and there is no absentee ballot
289+33 application from the voter to support the absentee ballot.
290+34 (b) Subsection (c) applies whenever a voter with a disability is
291+35 unable to make a signature:
292+36 (1) on an absentee ballot application that corresponds to the
293+37 voter's signature in the records of the county voter registration
294+38 office; or
295+39 (2) on an absentee ballot security envelope that corresponds with
296+40 the voter's signature:
297+41 (A) in the records of the county voter registration office; or
298+42 (B) on the absentee ballot application.
299+EH 1680—LS 7714/DI 144 7
300+1 (c) The voter may request that the voter's signature or mark be
301+2 attested to by any of the following:
302+3 (1) The absentee voter board under section 22 of this chapter.
303+4 (2) A member of the voter's household.
304+5 (3) An individual serving as attorney in fact for the voter.
305+6 (d) An attestation under subsection (c) provides an adequate basis
306+7 for the absentee ballot counters to determine that a signature or mark
307+8 complies with subsection (a)(2).
308+9 (e) If the absentee ballot counters are unable to agree on a finding
309+10 described under this section or section 12 of this chapter, the county
310+11 election board shall make the finding.
311+12 (f) This subsection does not apply to an absentee ballot rejected
312+13 under this section based on a finding that the voter's signature on the
313+14 absentee ballot security envelope affidavit does not correspond to any
314+15 signature on the voter's absentee ballot application. The absentee ballot
315+16 counters or county election board shall issue a certificate to a voter
316+17 whose ballot has been rejected under this section if the voter appears
317+18 in person before the board not later than 5 p.m. on election day. The
318+19 certificate must state that the voter's absentee ballot has been rejected
319+20 and that the voter may vote in person under section 21 of this chapter
320+21 if otherwise qualified to vote.
321+22 SECTION 12. IC 3-12-14-3, AS ADDED BY P.L.34-2019,
322+23 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
323+24 JULY 1, 2025]: Sec. 3. (a) The secretary of state, with the consent of
324+25 the co-directors of the election division, may require a procedure audit
325+26 of an election to be conducted if there is:
326+27 (1) an investigation under IC 3-6 relating to the election; or
327+28 (2) a recount of the election under IC 3-12.
328+29 (b) The secretary of state, with the consent of the co-directors of the
329+30 election division, may define the scope of a procedure audit under this
330+31 chapter.
331+32 (c) Notwithstanding subsection (a), the secretary of state may
332+33 conduct a procedure audit of a primary or general election after
333+34 the election occurs.
334+35 (d) The secretary of state shall:
335+36 (1) determine the number of counties; and
336+37 (2) select the counties;
337+38 subject to a procedure audit under subsection (c).
338+39 SECTION 13. IC 3-12-14-8 IS ADDED TO THE INDIANA CODE
339+40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
340+41 1, 2025]: Sec. 8. (a) The secretary of state shall issue orders to
341+42 implement and administer the requirements of this chapter.
342+EH 1680—LS 7714/DI 144 8
343+1 (b) In issuing an order under subsection (a), the secretary of
344+2 state shall do the following:
345+3 (1) Consult with recognized statistical experts, equipment
346+4 vendors, the election division, and county election officials.
347+5 (2) Consider best practices for conducting procedure audits.
348+6 (c) A procedure audit shall be completed not later than the
349+7 following:
350+8 (1) If the audit was of the primary election, August 31 of the
351+9 same year as the primary election.
352+10 (2) If the audit was of the general election, June 30 of the year
353+11 following the general election.
354+12 SECTION 14. IC 3-12-14-9 IS ADDED TO THE INDIANA CODE
355+13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
356+14 1, 2025]: Sec. 9. (a) Notwithstanding section 8(c) of this chapter, a
357+15 procedure audit of the 2024 general election conducted under
358+16 section 3(c) of this chapter must be completed not later than
359+17 August 31, 2026.
360+18 (b) This section expires July 1, 2027.
361+19 SECTION 15. IC 3-14-1-3 IS AMENDED TO READ AS
362+20 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. An individual, an
363+21 organization, or a committee that circulates or publishes material in an
364+22 election without the statement required under IC 3-9-3-2.5 or
365+23 IC 3-11-4-2(f) commits a Class A misdemeanor.
366+EH 1680—LS 7714/DI 144 9
367+COMMITTEE REPORT
368+Mr. Speaker: Your Committee on Elections and Apportionment, to
369+which was referred House Bill 1680, has had the same under
370+consideration and begs leave to report the same back to the House with
371+the recommendation that said bill be amended as follows:
372+Page 3, delete lines 27 through 42.
373+Delete page 4.
374+Page 5, delete lines 1 through 37.
375+Page 11, delete lines 2 through 5.
376+Renumber all SECTIONS consecutively.
377+and when so amended that said bill do pass.
378+(Reference is to HB 1680 as introduced.)
379+WESCO
380+Committee Vote: yeas 8, nays 2.
381+_____
382+COMMITTEE REPORT
383+Mr. President: The Senate Committee on Elections, to which was
384+referred House Bill No. 1680, has had the same under consideration
385+and begs leave to report the same back to the Senate with the
386+recommendation that said bill be AMENDED as follows:
387+Page 3, delete lines 32 through 42, begin a new paragraph and
388+insert:
389+"SECTION 7. IC 3-7-32-7.5 IS ADDED TO THE INDIANA CODE
173390 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
174391 1, 2025]: Sec. 7.5. Except as specifically authorized by this title, an
175392 individual may not:
176393 (1) print information; or
177394 (2) set forth information;
178395 on any part of a registration form that will be mailed to another
179-individual.
180-SECTION 12. IC 3-7-34-1.5, AS AMENDED BY P.L.64-2014,
181-SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
182-JULY 1, 2025]: Sec. 1.5. (a) For purposes of this chapter, a registration
183-form is "incomplete" if the applicant does not provide any of the
184-following:
185-(1) The name of the applicant.
186-(2) The residence address of the applicant (other than the ZIP
187-code).
188-(3) The mailing address of the applicant (other than the ZIP code),
189-unless the applicant provides a residence address at which United
190-States Postal Service mail delivery for the applicant can be
191-received.
192-(4) The date of birth of the applicant.
193-(5) The voter identification number of the applicant or a statement
194-that the applicant has no voter identification number.
195-(6) The applicant's response to the question, "Are you a citizen of
196-the United States of America?".
197-(7) The applicant's response to the question, "Will you be at least
198-eighteen (18) years of age on or before election day?".
199-(8) A map, description, or diagram sufficient to permit locating
200-the voter's residence (if the applicant has no residence address
201-with a street number or name included on this application).
202-(9) The signature of the applicant to the statement swearing or
203-affirming that:
204-(A) the applicant meets the requirements for approval of the
205-application;
206-HEA 1680 — CC 1 6
207-(B) the information and all other statements on the application
208-are true; and
209-(C) the applicant understands if the applicant signs the
210-statement knowing that the statement is not true, the applicant
211-is committing perjury, and understands the penalties for
212-committing perjury.
213-(b) For purposes of this chapter, a registration form is "incomplete"
214-if a person who received a completed application from the applicant
215-does not provide any of the following:
216-(1) The name and residence address of the individual who
217-received the application.
218-(2) The date on which the individual received the application
219-from the applicant.
220-(3) The signature of the individual certifying this information.
221-(c) For purposes of this chapter, a registration form is
222-"incomplete" if the applicant lists on the registration form a post
223-office box or a commercially available mailing box as the residence
224-address of the applicant.
225-(d) For purposes of this chapter, a registration form is
226-"incomplete" if a county voter registration office determines that
227-the registration form violates IC 3-7-32-7.5.
228-SECTION 13. IC 3-8-2-24, IS ADDED TO THE INDIANA CODE
229-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
230-1, 2025]: Sec. 24. If a person receives a completed petition for
231-nomination of a candidate required under this article that the
232-person has reason to believe is materially false, fictitious, or
233-fraudulent, the person shall deliver the petition to the appropriate
234-county election board not later than ten (10) days after the person
235-receives the petition, with a statement sworn or affirmed to under
236-the penalties for perjury, setting forth the reasons why the person
237-believes the petition may be materially false, fictitious, or
238-fraudulent. The county election board shall act under IC 3-6-5-31
239-to determine if a violation of election law has occurred.
240-SECTION 14. IC 3-9-2-5 IS AMENDED TO READ AS FOLLOWS
241-[EFFECTIVE JULY 1, 2025]: Sec. 5. (a) A contribution:
242-(1) authorized under subsection (c) or section 4 of this chapter;
243-(2) to a committee by a corporation or labor organization; and
244-(3) designated by that corporation or labor organization for
245-disbursement to a specific candidate, central committee, or other
246-regular party committee;
247-is subject to the limitations in section 4 of this chapter.
248-(b) A corporation or labor organization may make a donation to
249-HEA 1680 — CC 1 7
250-cover any amount of administrative costs (as described in
251-IC 3-5-2-15(e)) IC 3-5-2-15(f)) to a political action committee
252-established and controlled by the corporation or labor organization. A
253-donation made under this subsection is not considered a contribution
254-or an expenditure by the corporation or labor organization.
255-(c) A corporation or labor organization may make a contribution to
256-a political action committee if the contribution:
257-(1) does not exceed any of the limits prescribed under section 4
258-of this chapter; and
259-(2) is designated for disbursement to a specific candidate or
260-committee listed under section 4 of this chapter.
261-SECTION 15. IC 3-9-3-5 IS AMENDED TO READ AS FOLLOWS
262-[EFFECTIVE JULY 1, 2025]: Sec. 5. (a) This section does not apply
263-to the following:
264-(1) A communication relating to an election to a federal office.
265-(2) A person whose sole act is, in the normal course of business,
266-participating in the preparation, printing, distribution, or
267-broadcast of the advertising or material containing the false
268-representation.
269-(b) As used in this section, "officeholder" refers to a person who
270-holds an elected office.
271-(c) A person may not knowingly or intentionally authorize, finance,
272-sponsor, or participate in the preparation, distribution, or broadcast of
273-paid political advertising or campaign material that falsely represents
274-that a candidate in any election is or has been an officeholder.
275-(d) For purposes of subsection (c), paid political advertising or
276-campaign material that:
277-(1) contains only:
278-(A) a candidate's name; and
279-(B) the office to which the candidate seeks election; and
280-(2) does not contain the words "elect", "vote", or "for";
281-does not falsely represent that the candidate is or has been an
282-officeholder.
283-SECTION 16. IC 3-9-5-14 IS AMENDED TO READ AS
284-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. (a) As used in this
285-section, "threshold contribution amount" refers to the following:
286-(1) For contributions made to a candidate's committee, a
287-legislative caucus committee, or a political action committee, one
288-hundred dollars ($100).
289-(2) For contributions made to a regular party committee, two
290-hundred dollars ($200).
291-(b) The report of each committee's treasurer must disclose the
292-HEA 1680 — CC 1 8
293-following:
294-(1) The amount of cash on hand and the value of any investments
295-made by the committee at the beginning of the reporting period.
296-(2) The total sum of individual contributions including
297-transfers-in, accepted by the committee during its reporting
298-period.
299-(3) The following information regarding each person who has
300-made one (1) or more contributions within the year, in an
301-aggregate amount that exceeds the threshold contribution amount
302-in actual value to or for the committee, including the purchase of
303-tickets for events such as dinners, luncheons, rallies, and similar
304-fundraising events:
305-(A) The full name of the person.
306-(B) The full mailing address of the person making the
307-contribution.
308-(C) The person's occupation, if the person is an individual who
309-has made contributions to the committee of at least one
310-thousand dollars ($1,000) during the calendar year.
311-(D) The date and amount of each contribution.
312-(4) The name and address of each committee from which the
313-reporting committee received, or to which that committee made,
314-a transfer of funds, together with the amounts and dates of all
315-transfers.
316-(5) If the reporting committee is a candidate's committee, the
317-following information about each other committee that has
318-reported expenditures to the reporting candidate's committee
319-under section 15 of this chapter:
320-(A) The name and address of the other committee.
321-(B) The amount of expenditures reported by the other
322-committee.
323-(C) The date of the expenditures reported by the other
324-committee.
325-(D) The purpose of the expenditures reported by the other
326-committee.
327-(6) Each loan to or from a person within the reporting period
328-together with the following information:
329-(A) The full names and mailing addresses of the lender and
330-endorsers, if any.
331-(B) The person's occupation, if the person is an individual who
332-has made loans of at least one thousand dollars ($1,000) to the
333-committee during the calendar year.
334-(C) The date and amount of the loans.
335-HEA 1680 — CC 1 9
336-(7) The total sum of all receipts of the committee during the
337-reporting period.
338-(8) The full name, mailing address, occupation, and principal
339-place of business, if any, of each person other than a committee
340-to whom an expenditure was made by the committee or on behalf
341-of the committee within the year in an aggregate amount that:
342-(A) exceeds one hundred dollars ($100), in the case of a
343-candidate's committee, legislative caucus committee, or
344-political action committee; or
345-(B) exceeds two hundred dollars ($200), in the case of a
346-regular party committee.
347-(9) The name, address, and office sought by each candidate for
348-whom any expenditure was made or a statement identifying the
349-public question for which any expenditure was made, including
350-the amount, date, and purpose of each expenditure.
351-(10) The full name, mailing address, occupation, and principal
352-place of business, if any, of each person to whom an expenditure
353-for personal services, salaries, or reimbursed expenses was made
354-within the year in an aggregate amount that:
355-(A) exceeds one hundred dollars ($100), in the case of a
356-candidate's committee, legislative caucus committee, or
357-political action committee; or
358-(B) exceeds two hundred dollars ($200), in the case of a
359-regular party committee;
360-and that is not otherwise reported, including the amount, date, and
361-purpose of the expenditure.
362-(11) The total sum of expenditures made by the committee during
363-the reporting period.
364-(12) The amount and nature of debts owed by or to the committee,
365-and a continuous reporting of the debts after the election at the
366-times required under this article until the debts are extinguished.
367-(c) If a committee:
368-(1) obtains a contribution;
369-(2) determines that the contribution should not be accepted by the
370-committee; and
371-(3) does not receive and accept the contribution under
372-IC 3-9-1-25(b);
373-the committee must return the contribution to the person who made the
374-contribution. A returned contribution is not required to be listed on the
375-report of the committee's treasurer. However, if the committee receives
376-and deposits the contribution under IC 3-9-1-25(b) and subsequently
377-determines that the contribution should be refunded, the receipt and
378-HEA 1680 — CC 1 10
379-refund of the contribution must be listed on the report of the
380-committee's treasurer.
381-(d) This subsection applies to a contribution made through a
382-payment platform that acts as a conduit. The information disclosed
383-under subsection (b) must include the total amount of the
384-contribution made through the payment platform, before any fees
385-or charges are applied by the payment platform. The committee
386-must also report as expenditures under subsection (b) any fees or
387-charges assessed by the payment platform to the committee to use
388-the platform, accept contributions, or transfer contributions to the
389-committee's bank account.
390-SECTION 17. IC 3-10-1-9 IS AMENDED TO READ AS
391-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 9. A voter in a who
392-resides in any precinct may challenge a voter or person who offers to
393-vote at a primary election. The challenged person may not vote unless
394-the challenged person:
395-(1) is registered;
396-(2) makes:
397-(A) an oral or a written affirmation under IC 3-10-12; or
398-(B) an affidavit:
399-(i) that the challenged person is a voter of the precinct; or
400-(ii) required under IC 3-10-11 if the voter declares that the
401-voter is entitled to vote under IC 3-10-11; and
402-(3) either:
403-(A) at the last general election voted for a majority of the
404-regular nominees of the political party for whose candidates
405-the challenged person proposes to vote in the primary election
406-and intends to vote for the regular nominees of the political
407-party at the next general election; or
408-(B) if the challenged person did not vote at the last general
409-election, intends to vote at the next general election for a
410-majority of the regular nominees of the political party holding
411-the primary election.
412-SECTION 18. IC 3-11.5-4-13, AS AMENDED BY P.L.153-2024,
413-SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
414-JULY 1, 2025]: Sec. 13. (a) If the absentee ballot counters find under
415-section 11 of this chapter that any of the following applies, the ballots
416-shall be rejected:
417-(1) The affidavit is insufficient or that the ballot has not been
418-endorsed with the initials of:
419-(A) the two (2) members of the absentee voter board in the
420-office of the clerk of the circuit court under IC 3-11-4-19 or
421-HEA 1680 — CC 1 11
422-IC 3-11-10-27;
423-(B) the two (2) members of the absentee voter board visiting
424-the voter under IC 3-11-10-25; or
425-(C) the two (2) appointed members of the county election
426-board or their designated representatives under IC 3-11-4-19.
427-A scantron complies with the endorsement requirement under this
428-subdivision if the scantron is endorsed with the initials of two (2)
429-members under clause (A), (B), or (C). An affidavit that does
430-not contain an accurate date of signature is insufficient for
431-purposes of this subdivision.
432-(2) The signatures do not correspond or there is no signature, and
433-the signature mismatch or missing signature is not cured by the
434-deadline established under section 13.5 or 13.6 of this chapter.
435-(3) The absentee voter is not a qualified voter in the precinct.
436-(4) The absentee voter has voted in person at the election.
437-(5) The absentee voter has not registered.
438-(6) The ballot is open or has been opened and resealed. This
439-subdivision does not permit an absentee ballot transmitted by fax
440-or electronic mail under IC 3-11-4-6 to be rejected because the
441-ballot was sealed in the absentee ballot envelope by the individual
442-designated by the circuit court to receive absentee ballots
443-transmitted by fax or electronic mail.
444-(7) The ballot envelope contains more than one (1) ballot of any
445-kind for the same office or public question.
446-(8) In case of a primary election, if the absentee voter has not
447-previously voted, the voter failed to execute the proper
448-declaration relative to age and qualifications and the political
449-party with which the voter intends to affiliate.
450-(9) The ballot has been challenged and there is no absentee ballot
451-application from the voter to support the absentee ballot.
452-(b) Subsection (c) applies whenever a voter with a disability is
453-unable to make a signature:
454-(1) on an absentee ballot application that corresponds to the
455-voter's signature in the records of the county voter registration
456-office; or
457-(2) on an absentee ballot security envelope that corresponds with
458-the voter's signature:
459-(A) in the records of the county voter registration office; or
460-(B) on the absentee ballot application.
461-(c) The voter may request that the voter's signature or mark be
462-attested to by any of the following:
463-(1) The absentee voter board under section 22 of this chapter.
464-HEA 1680 — CC 1 12
465-(2) A member of the voter's household.
466-(3) An individual serving as attorney in fact for the voter.
467-(d) An attestation under subsection (c) provides an adequate basis
468-for the absentee ballot counters to determine that a signature or mark
469-complies with subsection (a)(2).
470-(e) If the absentee ballot counters are unable to agree on a finding
471-described under this section or section 12 of this chapter, the county
472-election board shall make the finding.
473-(f) This subsection does not apply to an absentee ballot rejected
474-under this section based on a finding that the voter's signature on the
475-absentee ballot security envelope affidavit does not correspond to any
476-signature on the voter's absentee ballot application. The absentee ballot
477-counters or county election board shall issue a certificate to a voter
478-whose ballot has been rejected under this section if the voter appears
479-in person before the board not later than 5 p.m. on election day. The
480-certificate must state that the voter's absentee ballot has been rejected
481-and that the voter may vote in person under section 21 of this chapter
482-if otherwise qualified to vote.
483-SECTION 19. IC 3-12-14-3, AS ADDED BY P.L.34-2019,
484-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
485-JULY 1, 2025]: Sec. 3. (a) The secretary of state, with the consent of
486-the co-directors of the election division, may require a procedure audit
487-of an election to be conducted if there is:
488-(1) an investigation under IC 3-6 relating to the election; or
489-(2) a recount of the election under IC 3-12.
490-(b) The secretary of state, with the consent of the co-directors of the
491-election division, may define the scope of a procedure audit under this
492-chapter.
493-(c) Notwithstanding subsection (a), the secretary of state may
494-conduct a procedure audit of a primary or general election after
495-the election occurs.
496-(d) The secretary of state shall:
497-(1) determine the number of counties; and
498-(2) select the counties;
499-subject to a procedure audit under subsection (c).
500-SECTION 20. IC 3-12-14-8 IS ADDED TO THE INDIANA CODE
501-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
502-1, 2025]: Sec. 8. (a) The secretary of state shall issue orders to
503-implement and administer the requirements of this chapter.
504-(b) In issuing an order under subsection (a), the secretary of
505-state shall do the following:
506-(1) Consult with recognized statistical experts, equipment
507-HEA 1680 — CC 1 13
508-vendors, the election division, and county election officials.
509-(2) Consider best practices for conducting procedure audits.
510-(c) A procedure audit shall be completed not later than the
511-following:
512-(1) If the audit was of the primary election, August 31 of the
513-same year as the primary election.
514-(2) If the audit was of the general election, June 30 of the year
515-following the general election.
516-SECTION 21. IC 3-12-14-9 IS ADDED TO THE INDIANA CODE
517-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
518-1, 2025]: Sec. 9. (a) Notwithstanding section 8(c) of this chapter, a
519-procedure audit of the 2024 general election conducted under
520-section 3(c) of this chapter must be completed not later than
521-August 31, 2026.
522-(b) This section expires July 1, 2027.
523-SECTION 22. IC 3-14-1-3 IS AMENDED TO READ AS
524-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. An individual, an
525-organization, or a committee that circulates or publishes material in an
526-election without the statement required under IC 3-9-3-2.5 or
527-IC 3-11-4-2(f) commits a Class A misdemeanor.
528-HEA 1680 — CC 1 Speaker of the House of Representatives
529-President of the Senate
530-President Pro Tempore
531-Governor of the State of Indiana
532-Date: Time:
533-HEA 1680 — CC 1
396+individual.".
397+Renumber all SECTIONS consecutively.
398+and when so amended that said bill do pass.
399+(Reference is to HB 1680 as printed February 6, 2025.)
400+EH 1680—LS 7714/DI 144 10
401+GASKILL, Chairperson
402+Committee Vote: Yeas 6, Nays 2.
403+_____
404+SENATE MOTION
405+Mr. President: I move that Engrossed House Bill 1680 be amended
406+to read as follows:
407+Page 5, delete lines 3 through 8.
408+Renumber all SECTIONS consecutively.
409+(Reference is to EHB 1680 as printed April 1, 2025.)
410+GASKILL
411+EH 1680—LS 7714/DI 144