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.
SENATE ENROLLED ACT No. 10
AN ACT to amend the Indiana Code concerning elections.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 3-5-2-40.5, AS AMENDED BY P.L.209-2021,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 40.5. (a) Except as provided in subsection (b),
"proof of identification" refers to a document that satisfies all the
following:
(1) The document shows the name of the individual to whom the
document was issued, and the name conforms to the name in the
individual's voter registration record.
(2) The document shows a photograph of the individual to whom
the document was issued.
(3) The document includes an expiration date, and the document:
(A) is not expired; or
(B) expired after the date of the most recent general election.
(4) The document was issued by the United States or the state of
Indiana.
(b) Notwithstanding subsection (a)(3), a document issued by the
United States Department of Defense, the United States Department of
Veterans Affairs (or its predecessor, the Veterans Administration), a
branch of the uniformed services, the Merchant Marine, the Indiana
National Guard, or a Native American Indian tribe or band recognized
by the United States government that:
(1) otherwise complies with the requirements of subsection (a);
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and
(2) has no expiration date or states that the document has an
indefinite expiration date;
is sufficient proof of identification for purposes of this title.
(c) The term does not include a document issued by an
educational institution.
SECTION 2. IC 3-7-26.3-11, AS AMENDED BY P.L.128-2015,
SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11. As required under 52 U.S.C. 21083, the
county voter registration office shall perform list maintenance with
respect to the computerized list on a regular basis within forty-eight
(48) hours of receiving information that requires voter list
maintenance activity. The list maintenance activity required under
this section includes the removal of an individual from the list when
required by this article and NVRA following:
(1) the death of the individual;
(2) the individual's confirmation that the individual resides
outside the county in which the individual is registered; or
(3) an inactive voter's failure to respond to a notice or otherwise
act in accordance with 52 U.S.C. 20507 to require the voter's
registration to be reclassified as active within the period
prescribed by NVRA;
(4) disfranchisement of the individual under IC 3-7-46 due to
a criminal conviction; or
(5) a notice issued by a county voter registration office under
IC 3-7-38.2-7.3 that the individual has not provided proof of
citizenship.
SECTION 3. IC 3-7-38.2-2, AS AMENDED BY P.L.65-2024,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) Except as provided in subsection (b) or (c),
a voter list maintenance program conducted under this chapter must:
(1) be uniform, nondiscriminatory, and in compliance with the
Voting Rights Act of 1965 (52 U.S.C. 10101);
(2) not result in the removal of the name of a person from the
official list of voters solely due to the person's failure to vote; and
(3) be completed not later than ninety (90) days before a primary
or general election.
(b) A voter list maintenance program conducted under this chapter
in a year other than a year in which a general election is conducted
must:
(1) comply with the requirements set forth in subsection (a)(1)
and (a)(2); and
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(2) be completed not later than twenty-nine (29) days before a
municipal election or special election (other than for a federal
office) is conducted.
(c) If a special election is required for a vacancy in a federal office
in a year in which a general election is not conducted, the voter list
maintenance program conducted under this chapter must:
(1) comply with the requirements of subsection (a)(1) and (a)(2);
and
(2) be completed not later than ninety (90) days before the date
that the special election is conducted.
A voter list maintenance program may also be conducted under this
section in a calendar year following the date of the special election if
the program is completed no later than the deadline set forth in
subsection (a).
(d) A county voter registration office may conduct a voter list
maintenance program that complies with subsection (a). In conducting
a voter list maintenance program, the county voter registration office
shall mail a notice described in subsection (f) to each voter whose
registration has not previously been canceled or designated as inactive
under this chapter at the mailing address:
(1) listed in the voter's registration record; and
(2) determined by the county voter registration office not to be the
voter's current residence address.
(e) A county voter registration office may use information only from
the following sources to make the determination under subsection
(d)(2):
(1) The United States Postal Service National Change of Address
Service.
(2) A court regarding jury duty notices returned because of an
unknown or insufficient address.
(3) The return of a mailing sent by the county voter registration
office to all active voters (as defined in IC 3-11-18.1-2) in the
county because of an unknown or insufficient address.
(4) The bureau of motor vehicles concerning the surrender of a
voter's Indiana license for the operation of a motor vehicle to
another jurisdiction.
(5) The return by the United States Postal Service after the
expiration of the seven (7) day pending period of a notice
regarding the disposition of a voter registration application under
IC 3-7-33-5 because of an unknown or insufficient address.
(6) The return of a mailing sent to voters of a precinct advising
voters of a change of precinct boundary or the precinct polling
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place because of an unknown or insufficient address, if the county
sends a similar mailing to the voters of each precinct when a
boundary or polling place is changed.
(7) Information received from the election division under section
5 of this chapter or section 16 of this chapter.
(8) A declination to register by the voter stating that the voter
resides at an address different from the address on the voter's
registration record.
(9) Information received from the election division as a result of
a comparison between:
(A) a voter registration address; and
(B) commercially available data, such as data from a credit
agency.
(10) Information received from the secretary of state under
section 19(d)(2) of this chapter.
(f) The notice described in subsection subsections (d) and (l) must:
(1) be sent by first class United States mail, postage prepaid, by
a method that requires the notice to be forwarded to the voter; and
(2) include a postage prepaid return card that:
(A) is addressed to the county voter registration office;
(B) states a date (which must be at least thirty (30) days after
the date the notice is mailed) by which the card must be
returned or the voter's registration will become inactive until
the information is provided to the county voter registration
office; and
(C) permits the voter to provide the voter's current residence
address.
(g) If a voter returns the card described in subsection (f)(2) and
provides a current residence address that establishes that the voter
resides:
(1) in the county, the county voter registration office shall update
the voter's registration record; or
(2) outside the county, the county voter registration office shall
cancel the voter's registration.
(h) If a card is returned as undeliverable due to an unknown or
insufficient address by the United States Postal Service after the date
specified in subsection (f)(2)(B), the county voter registration office
shall, when registration reopens after the next primary, general, or
municipal election, determine whether the voter voted or appeared to
vote from the address set forth in the registration record at any election
occurring after the final day for completing voter list maintenance
activities, and if not, then designate the voter as inactive.
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(i) If a voter does not return the card described in subsection (f)(2)
by the date specified in subsection (f)(2)(B), the county voter
registration office shall indicate in the voter's registration record that
the voter's registration is inactive.
(j) A voter's registration that becomes inactive under subsection (h)
or (i) remains in inactive status from the date described in subsection
(f)(2)(B) until the earlier of the following:
(1) The date the county voter registration office updates or
cancels the voter's registration under subsection (g) after the voter
provides a current residence address.
(2) The day after the second general election in which the voter
has not voted or appeared to vote.
(k) After the date described in subsection (j)(2), the county voter
registration office shall remove the voter's registration from the voter
registration records.
(l) A county voter registration office shall conduct a voter list
maintenance program under this section for each voter who has
not cast a vote in the two (2) most recent general elections. The
county voter registration office shall mail a notice described in
subsection (f) to the mailing address listed in the voter's
registration record.
SECTION 4. IC 3-7-38.2-5.1, AS ADDED BY P.L.141-2020,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5.1. (a) The actions of the NVRA officials to
execute a memorandum of understanding with the Kansas Secretary of
State under section 5(d) of this chapter, before its amendment by the
121st general assembly, are void.
(b) The secretary of state shall promptly notify the Kansas Secretary
of State that Indiana is no longer a party to the memorandum of
understanding.
(c) This section has no effect on any voter list maintenance activity
undertaken by the NVRA officials of a county voter registration office
before the voiding of the memorandum of understanding under this
section.
(d) The state shall not join or otherwise participate in the activities
of any organization that requires:
(1) the payment of funds to obtain voter registration information
from another state; or
(2) the expenditure of funds to engage in activities other than
voter list maintenance as a condition for receiving voter
registration information from another state.
SECTION 5. IC 3-7-38.2-7.3, AS ADDED BY P.L.65-2024,
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SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7.3. (a) For purposes of this section, "proof of
citizenship" means one (1) or more of the following:
(1) The voter's birth certificate or a legible photocopy of the
voter's birth certificate.
(2) The voter's United States passport or a legible photocopy of
the pages of the passport that identify the voter and show the
passport number.
(3) The voter's United States naturalization documentation, a
legible photocopy of the voter's naturalization documentation, or
the voter's certificate of naturalization number. A voter who
provides a certificate of naturalization number in lieu of the
naturalization documentation is not deemed to have provided
proof of citizenship until the county voter registration office
verifies the number with the United States Citizenship and
Immigration Services or a successor agency.
(4) A document or method of proof of citizenship established
under the Immigration Reform and Control Act of 1986 (8 U.S.C.
1101 et seq.).
(5) The voter's consular report of birth abroad (CRBA).
(b) The NVRA official shall compare the statewide voter
registration system with the bureau of motor vehicles list of temporary
credentials issued under IC 9-24-11-5(c) or IC 9-24-16-3(f). If evidence
exists that a registered voter is not a citizen of the United States, the
NVRA official shall notify the county voter registration office of the
county in which the individual is registered to vote that the registered
voter may not be a citizen of the United States.
(c) After receiving a notice under subsection (b), the county voter
registration office shall send a notice to the registered voter inquiring
whether the individual is eligible to be registered to vote. An individual
who receives a notice under this subsection shall, within thirty (30)
days of receiving the notice, provide proof of citizenship to the county
voter registration office in person or by mail.
(d) If the individual does not provide proof of citizenship within
thirty (30) days of receipt of the notice under subsection (c), the county
voter registration office that issued the notice shall cancel the
individual's registration.
(e) An individual who is unable to provide documentation as proof
of citizenship under this section may appeal in person or by mail to the
county election board of the county in which the person was registered
to vote. After receiving an appeal, the county election board shall:
(1) conduct a hearing;
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(2) make a finding concerning the individual's citizenship status;
and
(3) send a copy of its decision to the county voter registration
office of the county in which the individual resides.
A county voter registration office that receives a decision under
subdivision (3) shall change the voter registration records to accurately
reflect the decision of the county election board with respect to the
individual.
(f) Documentation provided to show proof of citizenship under this
section is confidential and is not available for inspection by the public.
SECTION 6. IC 3-7-38.2-19 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 19. (a) Not later than January 1, 2026, the secretary
of state shall send a written or electronic communication to each
state to request that the state or a group of states execute an
agreement with Indiana to share certain information in the
possession of the secretary of state and the other state or states for
the purpose of:
(1) maintaining the statewide voter registration list; and
(2) identifying whether a voter of Indiana may also be
registered to vote in another state.
(b) Starting in 2027, and each year thereafter, the secretary of
state shall send an annual written or electronic communication to
each state that has not entered into an agreement described in
subsection (a) to request that the state or a group of states execute
such agreement.
(c) Before sharing information through an agreement described
in subsection (a), the secretary of state shall enter into an
agreement with the:
(1) chief state election official designated under 52 U.S.C.
20509; or
(2) highest election official of a state that has not designated
a chief state election official designated under 52 U.S.C.
20509;
that any personally identifiable information of an Indiana voter is
to remain confidential and shall not be shared with or sold to any
person who is not an election official for the jurisdiction with
which the information is shared.
(d) If information obtained through an agreement executed
under subsection (a) indicates that a voter of Indiana may also be
registered to vote in another state, the secretary of state shall do
the following:
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(1) Enter the information received about the voter of Indiana
into the computerized list.
(2) Send a written or electronic communication to the county
voter registration office within which the Indiana voter's
registered address is located, to:
(A) notify the county voter registration office that the
voter's registered address may not be the voter's current
residence address; and
(B) direct the county voter registration office to conduct a
voter list maintenance program under section 2 of this
chapter with respect to the voter.
SECTION 7. IC 3-7-45-2.1, AS AMENDED BY P.L.56-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2.1. (a) As required under 52 U.S.C. 21083, the
election division shall coordinate the computerized list generated by
the statewide voter registration system under IC 3-7-26.3 with the
Indiana department of health to permit a county voter registration office
to cancel the registration records of deceased individuals on an
expedited basis.
(b) The Indiana department of health shall report to the election
division, by county, the names, ages, and known residence addresses
of all persons who:
(1) died within Indiana but outside the county of residence; and
(2) maintained a residence address within the county during the
two (2) years preceding the date of death.
(c) Each county health officer and municipal health officer shall
report to the Indiana department of health the names, ages, and known
voting addresses in the county of all persons:
(1) who have died within the jurisdiction of the officer; or
(2) for whom burial permits have been issued by the officer.
The Indiana department of health shall report this information to the
election division.
(d) The Indiana department of health shall report to the election
division, by county, the names, ages, and known residence addresses
of all persons:
(1) who died outside Indiana;
(2) who maintained a residence address within the county during
the two (2) years preceding the date of death; and
(3) whose names were supplied to the Indiana department of
health under an agreement made under section 5 of this chapter.
(e) The county voter registration office shall request a copy of the
death records filed quarterly by the local health department officer
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shall provide a copy of the death certificate for each individual
included in the death records filed quarterly with to the county
auditor voter registration office under IC 16-37-3-9(d). If a voter is
identified as deceased in the death records, the county voter registration
office shall cancel the voter registration record of that individual in
conformity with section 3 of this chapter.
SECTION 8. IC 16-37-3-9, AS AMENDED BY P.L.138-2019,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. (a) The local health officer shall, from the
stillbirth and death certificates, make a permanent record of the:
(1) name;
(2) sex;
(3) age;
(4) place of death;
(5) residence; and
(6) for a death certificate only:
(A) residence addresses of the deceased during the two (2)
years before the death; and
(B) Social Security number;
of the deceased.
(b) Except as provided in subsection (c), the records in subsection
(a) shall be open to public inspection. Upon request by an individual,
a paper copy of the permanent record in subsection (a) must be
provided by the local health officer.
(c) Except as provided in this subsection, the Social Security
number is confidential and may not be disclosed to the public. The
Social Security number shall be disclosed to the secretary of state and
election division for voter list maintenance purposes under IC 3-7-26.3
and IC 3-7-45.
(d) The local health officer shall, not later than January 31, April 30,
July 31, and October 31 of each year, furnish to the county auditor and
the county voter registration office the records of all deaths within
the officer's jurisdiction that occurred during the previous three (3)
months.
(e) The local health officer may make records of other data in
connection with deaths for statistical purposes or for the purpose of
planning health programs. Records under this subsection are not public
records.
(f) The permanent record of the information required under this
section may be maintained in the Indiana death registration system
(IDRS).
SEA 10 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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