Indiana 2025 Regular Session

Indiana Senate Bill SB0284 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB0284.1~~
2		-	~~February 5, 2025~~
	1	+
	2	+	Introduced Version
3	3		SENATE BILL No. 284
4	4		_____
5		-	DIGEST OF ~~SB 284 (Updated February 3, 2025 10:49 am - DI 149)~~
6		-	Citations Affected: IC 3-11.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 3-11-10-26.
7	7		Synopsis: Early voting. Reduces the period during which in person
8	8		absentee voting may occur at the office of the circuit court clerk or a
9		-	satellite office established by the county election board to a 14 day
	9	+	satellite office established by the county election board to a seven day
10	10		period ending at noon on the day before election day.
11	11		Effective: July 1, 2025.
12		-	Byrne~~, Gaskill, Schmitt, Tomes~~
	12	+	Byrne
13	13		January 13, 2025, read first time and referred to Committee on Elections.
14		-	February 4, 2025, amended, reported favorably — Do Pass.
15		-	SB 284—LS 6185/DI 149 February 5, 2025
	14	+	2025 IN 284—LS 6185/DI 149 Introduced
16	15		First Regular Session of the 124th General Assembly (2025)
17	16		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	17		Constitution) is being amended, the text of the existing provision will appear in this style type,
19	18		additions will appear in this style type, and deletions will appear in this style type.
20	19		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	20		provision adopted), the text of the new provision will appear in this style type. Also, the
22	21		word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	22		a new provision to the Indiana Code or the Indiana Constitution.
24	23		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	24		between statutes enacted by the 2024 Regular Session of the General Assembly.
26	25		SENATE BILL No. 284
27	26		A BILL FOR AN ACT to amend the Indiana Code concerning
28	27		elections.
29	28		Be it enacted by the General Assembly of the State of Indiana:
30	29		1 SECTION 1. IC 3-11-10-26, AS AMENDED BY P.L.115-2022,
31	30		2 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32	31		3 JULY 1, 2025]: Sec. 26. (a) This subsection applies to all counties,
33	32		4 except for a county to which IC 3-6-5.2 or IC 3-6-5.6 applies. As an
34	33		5 alternative to voting by mail, a voter is entitled to cast an absentee
35	34		6 ballot before an absentee voter board at any of the following:
36	35		7 (1) One (1) location of the office of the circuit court clerk
37	36		8 designated by the circuit court clerk.
38	37		9 (2) A satellite office established under section 26.3 of this
39	38		10 chapter.
40	39		11 (b) This subsection applies to a county to which IC 3-6-5.2 or
41	40		12 IC 3-6-5.6 applies. As an alternative to voting by mail, a voter is
42	41		13 entitled to cast an absentee ballot before an absentee voter board at any
43	42		14 of the following:
44	43		15 (1) The office of the board of elections and registration.
45	44		16 (2) A satellite office established under section 26.3 of this
46	45		17 chapter.
47		-	SB 284—LS 6185/DI 149 2
	46	+	2025 IN 284—LS 6185/DI 149 2
48	47		1 (c) Except for a location designated under subsection (a)(1), a
49	48		2 location of the office of the circuit court clerk must be established as
50	49		3 a satellite office under section 26.3 of this chapter in order to be used
51	50		4 as a location at which a voter is entitled to cast an absentee ballot
52	51		5 before an absentee voter board under this section.
53	52		6 (d) The voter must do the following before being permitted to vote:
54	53		7 (1) This subdivision does not apply to a county that uses
55	54		8 electronic poll books for voting under this section. Sign an
56	55		9 application on the form prescribed by the election division under
57	56		10 IC 3-11-4-5.1. The application must be received by the circuit
58	57		11 court clerk not later than the time prescribed by IC 3-11-4-3.
59	58		12 (2) This subdivision applies only to a county that uses electronic
60	59		13 poll books for voting under this section and in which the ballot is
61	60		14 cast on an electronic voting system. The voter must do the
62	61		15 following:
63	62		16 (A) If the county election board has prescribed an affidavit
64	63		17 under subsection (e) that includes a unique identifier to
65	64		18 comply with section 26.2(c)(3) of this chapter, make and
66	65		19 subscribe to the affidavit.
67	66		20 (B) Sign the electronic poll book.
68	67		21 (C) Provide proof of identification.
69	68		22 (3) This subdivision applies only to a county that uses electronic
70	69		23 poll books for voting under this section and in which the ballot is
71	70		24 cast on an optical scan voting system. The voter must do the
72	71		25 following:
73	72		26 (A) Sign the electronic poll book.
74	73		27 (B) Provide proof of identification.
75	74		28 (C) Sign the affidavit prescribed by section 29 of this chapter.
76	75		29 (e) The county election board may:
77	76		30 (1) prescribe an affidavit that includes a unique identifier; or
78	77		31 (2) establish a procedure to produce a document, label, or
79	78		32 electronic record that is associated with each voter and includes
80	79		33 a unique identifier;
81	80		34 to comply with section 26.2(c)(3) of this chapter. After the county
82	81		35 election board approves an affidavit or procedure described in this
83	82		36 subsection and before the affidavit or procedure is used in an election,
84	83		37 the county election board shall file a copy of the affidavit or a brief
85	84		38 description of the procedure with the election division to assist the state
86	85		39 recount commission in conducting proceedings under IC 3-12-11.
87	86		40 (f) The voter may vote before the board not more than twenty-eight
88		-	41 (28) ~~fourteen~~ (14) days nor later than noon on the day before election
89		-	42 ~~day.~~ If the close of a voter registration period is transferred under
90		-	SB 284—LS 6185/DI 149 3
	87	+	41 (28) seven (7) days nor later than noon on the day before election day.
	88	+	42 If the close of a voter registration period is transferred under
	89	+	2025 IN 284—LS 6185/DI 149 3
91	90		1 IC 3-5-4-1.5 from twenty-nine (29) days to a later date due to the
92	91		2 Columbus Day holiday, the voter may vote before the board on the first
93	92		3 day following the day on which the voter registration period closes.
94	93		4 (g) An absent uniformed services voter who is eligible to vote by
95	94		5 absentee ballot in the circuit court clerk's office under IC 3-7-36-14
96	95		6 may vote before the board not earlier than twenty-eight (28) days
97	96		7 before the election and not later than noon on election day. If the close
98	97		8 of a voter registration period is transferred under IC 3-5-4-1.5 from
99	98		9 twenty-nine (29) days to a later date due to the Columbus Day holiday,
100	99		10 the voter may vote before the board on the first day following the day
101	100		11 on which the voter registration period closes. If a voter described by
102	101		12 this subsection wishes to cast an absentee ballot during the period
103	102		13 beginning at noon on the day before election day and ending at noon on
104	103		14 election day, the county election board or absentee voter board may
105	104		15 receive and process the ballot at a location designated by resolution of
106	105		16 the county election board.
107	106		17 (h) The absentee voter board in the office of the circuit court clerk
108	107		18 must permit voters to cast absentee ballots under this section for at
109		-	19 least seven (7) hours on each of the two (2) Saturdays ~~preceding~~
110		-	20 election day. However, the county election ~~board may adopt a~~
111		-	21 resolution authorizing the circuit court clerk to:
	108	+	19 least seven (7) hours on each of the two (2) Saturdays the Saturday
	109	+	20 immediately preceding election day. However, the county election
	110	+	21 board may adopt a resolution authorizing the circuit court clerk to:
112	111		22 (1) use the office of the circuit court clerk designated in
113	112		23 subsection (a)(1); or
114	113		24 (2) establish a satellite office under section 26.3 of this chapter;
115	114		25 to permit voters to cast absentee ballots under this section for at least
116	115		26 four (4) hours on the third Saturday preceding election day.
117	116		27 (i) Notwithstanding subsection (h), in a county with a population of
118	117		28 less than twenty thousand (20,000), the absentee voter board in the
119	118		29 office of the circuit court clerk, with the approval of the county election
120	119		30 board, may reduce the number of hours available to cast absentee
121	120		31 ballots under this section to a minimum of four (4) hours on each of the
122		-	32 two (2) Saturdays preceding election day.
	121	+	32 two (2) Saturdays the Saturday immediately preceding election day.
123	122		33 (j) As provided by 52 U.S.C. 21081, a voter casting an absentee
124	123		34 ballot under this section must be:
125	124		35 (1) permitted to verify in a private and independent manner the
126	125		36 votes selected by the voter before the ballot is cast and counted;
127	126		37 (2) provided with the opportunity to change the ballot or correct
128	127		38 any error in a private and independent manner before the ballot is
129	128		39 cast and counted, including the opportunity to receive a
130	129		40 replacement ballot if the voter is otherwise unable to change or
131	130		41 correct the ballot; and
132	131		42 (3) notified before the ballot is cast regarding the effect of casting
133		-	SB 284—LS 6185/DI 149 4
	132	+	2025 IN 284—LS 6185/DI 149 4
134	133		1 multiple votes for the office and provided an opportunity to
135	134		2 correct the ballot before the ballot is cast and counted.
136	135		3 (k) As provided by 52 U.S.C. 21081, when an absentee ballot is
137	136		4 provided under this section, the board must also provide the voter with:
138	137		5 (1) information concerning the effect of casting multiple votes for
139	138		6 an office; and
140	139		7 (2) instructions on how to correct the ballot before the ballot is
141	140		8 cast and counted, including the issuance of replacement ballots.
142	141		9 (l) If:
143	142		10 (1) the voter is unable or declines to present the proof of
144	143		11 identification; or
145	144		12 (2) a member of the board determines that the proof of
146	145		13 identification provided by the voter does not qualify as proof of
147	146		14 identification under IC 3-5-2-40.5;
148	147		15 the voter shall be permitted to cast a provisional ballot.
149	148		16 (m) This subsection applies to a voter who casts an absentee ballot
150	149		17 that is treated as a provisional ballot under subsection (l). The board
151	150		18 shall provide the voter, both orally and in writing, an explanation of
152	151		19 what actions, if any, the voter must take in order to have the voter's
153	152		20 ballot counted. The election division shall prescribe the form of the
154	153		21 explanation required by this subsection.
155	154		22 (n) A voter casting an absentee ballot under this section is entitled
156	155		23 to cast the voter's ballot in accordance with IC 3-11-9.
157	156		24 (o) In a primary election, a voter casting an absentee ballot under
158	157		25 this chapter may not change the voter's choice of the voter's political
159	158		26 party after the voter has been mailed or otherwise provided with a
160	159		27 primary ballot containing the candidates of that party.
161		-	SB 284—LS 6185/DI 149 5
162		-	COMMITTEE REPORT
163		-	Mr. President: The Senate Committee on Elections, to which was
164		-	referred Senate Bill No. 284, has had the same under consideration and
165		-	begs leave to report the same back to the Senate with the
166		-	recommendation that said bill be AMENDED as follows:
167		-	Page 2, line 41, delete "seven (7)" and insert "fourteen (14)".
168		-	Page 3, line 19, reset in roman "each of the two (2) Saturdays".
169		-	Page 3, line 19, delete "the Saturday".
170		-	Page 3, line 20, delete "immediately".
171		-	Page 3, line 20, reset in roman "However, the county election".
172		-	Page 3, reset in roman lines 21 through 26.
173		-	Page 3, line 31, reset in roman "each of the".
174		-	Page 3, line 32, reset in roman "two (2) Saturdays".
175		-	Page 3, line 32, delete "the Saturday immediately".
176		-	and when so amended that said bill do pass.
177		-	(Reference is to SB 284 as introduced.)
178		-	GASKILL, Chairperson
179		-	Committee Vote: Yeas 6, Nays 3.
180		-	SB 284—LS 6185/DI 149
	160	+	2025 IN 284—LS 6185/DI 149