Indiana 2025 Regular Session

Indiana Senate Bill SB0284 Latest Draft

Bill / Comm Sub Version Filed 02/04/2025

                            *SB0284.1*
February 5, 2025
SENATE BILL No. 284
_____
DIGEST OF SB 284 (Updated February 3, 2025 10:49 am - DI 149)
Citations Affected:  IC 3-11.
Synopsis:  Early voting. Reduces the period during which in person
absentee voting may occur at the office of the circuit court clerk or a
satellite office established by the county election board to a 14 day
period ending at noon on the day before election day.
Effective:  July 1, 2025.
Byrne, Gaskill, Schmitt, Tomes
January 13, 2025, read first time and referred to Committee on Elections.
February 4, 2025, amended, reported favorably — Do Pass.
SB 284—LS 6185/DI 149  February 5, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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provision adopted), the text of the new provision will appear in  this  style  type. Also, the
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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 BILL No. 284
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 3-11-10-26, AS AMENDED BY P.L.115-2022,
2 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 26. (a) This subsection applies to all counties,
4 except for a county to which IC 3-6-5.2 or IC 3-6-5.6 applies. As an
5 alternative to voting by mail, a voter is entitled to cast an absentee
6 ballot before an absentee voter board at any of the following:
7 (1) One (1) location of the office of the circuit court clerk
8 designated by the circuit court clerk.
9 (2) A satellite office established under section 26.3 of this
10 chapter.
11 (b) This subsection applies to a county to which IC 3-6-5.2 or
12 IC 3-6-5.6 applies. As an alternative to voting by mail, a voter is
13 entitled to cast an absentee ballot before an absentee voter board at any
14 of the following:
15 (1) The office of the board of elections and registration.
16 (2) A satellite office established under section 26.3 of this
17 chapter.
SB 284—LS 6185/DI 149 2
1 (c) Except for a location designated under subsection (a)(1), a
2 location of the office of the circuit court clerk must be established as
3 a satellite office under section 26.3 of this chapter in order to be used
4 as a location at which a voter is entitled to cast an absentee ballot
5 before an absentee voter board under this section.
6 (d) The voter must do the following before being permitted to vote:
7 (1) This subdivision does not apply to a county that uses
8 electronic poll books for voting under this section. Sign an
9 application on the form prescribed by the election division under
10 IC 3-11-4-5.1. The application must be received by the circuit
11 court clerk not later than the time prescribed by IC 3-11-4-3.
12 (2) This subdivision applies only to a county that uses electronic
13 poll books for voting under this section and in which the ballot is
14 cast on an electronic voting system. The voter must do the
15 following:
16 (A) If the county election board has prescribed an affidavit
17 under subsection (e) that includes a unique identifier to
18 comply with section 26.2(c)(3) of this chapter, make and
19 subscribe to the affidavit.
20 (B) Sign the electronic poll book.
21 (C) Provide proof of identification.
22 (3) This subdivision applies only to a county that uses electronic
23 poll books for voting under this section and in which the ballot is
24 cast on an optical scan voting system. The voter must do the
25 following:
26 (A) Sign the electronic poll book.
27 (B) Provide proof of identification.
28 (C) Sign the affidavit prescribed by section 29 of this chapter.
29 (e) The county election board may:
30 (1) prescribe an affidavit that includes a unique identifier; or
31 (2) establish a procedure to produce a document, label, or
32 electronic record that is associated with each voter and includes
33 a unique identifier;
34 to comply with section 26.2(c)(3) of this chapter. After the county
35 election board approves an affidavit or procedure described in this
36 subsection and before the affidavit or procedure is used in an election,
37 the county election board shall file a copy of the affidavit or a brief
38 description of the procedure with the election division to assist the state
39 recount commission in conducting proceedings under IC 3-12-11.
40 (f) The voter may vote before the board not more than twenty-eight
41 (28) fourteen (14) days nor later than noon on the day before election
42 day. If the close of a voter registration period is transferred under
SB 284—LS 6185/DI 149 3
1 IC 3-5-4-1.5 from twenty-nine (29) days to a later date due to the
2 Columbus Day holiday, the voter may vote before the board on the first
3 day following the day on which the voter registration period closes.
4 (g) An absent uniformed services voter who is eligible to vote by
5 absentee ballot in the circuit court clerk's office under IC 3-7-36-14
6 may vote before the board not earlier than twenty-eight (28) days
7 before the election and not later than noon on election day. If the close
8 of a voter registration period is transferred under IC 3-5-4-1.5 from
9 twenty-nine (29) days to a later date due to the Columbus Day holiday,
10 the voter may vote before the board on the first day following the day
11 on which the voter registration period closes. If a voter described by
12 this subsection wishes to cast an absentee ballot during the period
13 beginning at noon on the day before election day and ending at noon on
14 election day, the county election board or absentee voter board may
15 receive and process the ballot at a location designated by resolution of
16 the county election board.
17 (h) The absentee voter board in the office of the circuit court clerk
18 must permit voters to cast absentee ballots under this section for at
19 least seven (7) hours on each of the two (2) Saturdays preceding
20 election day. However, the county election board may adopt a
21 resolution authorizing the circuit court clerk to:
22 (1) use the office of the circuit court clerk designated in
23 subsection (a)(1); or
24 (2) establish a satellite office under section 26.3 of this chapter;
25 to permit voters to cast absentee ballots under this section for at least
26 four (4) hours on the third Saturday preceding election day.
27 (i) Notwithstanding subsection (h), in a county with a population of
28 less than twenty thousand (20,000), the absentee voter board in the
29 office of the circuit court clerk, with the approval of the county election
30 board, may reduce the number of hours available to cast absentee
31 ballots under this section to a minimum of four (4) hours on each of the
32 two (2) Saturdays preceding election day.
33 (j) As provided by 52 U.S.C. 21081, a voter casting an absentee
34 ballot under this section must be:
35 (1) permitted to verify in a private and independent manner the
36 votes selected by the voter before the ballot is cast and counted;
37 (2) provided with the opportunity to change the ballot or correct
38 any error in a private and independent manner before the ballot is
39 cast and counted, including the opportunity to receive a
40 replacement ballot if the voter is otherwise unable to change or
41 correct the ballot; and
42 (3) notified before the ballot is cast regarding the effect of casting
SB 284—LS 6185/DI 149 4
1 multiple votes for the office and provided an opportunity to
2 correct the ballot before the ballot is cast and counted.
3 (k) As provided by 52 U.S.C. 21081, when an absentee ballot is
4 provided under this section, the board must also provide the voter with:
5 (1) information concerning the effect of casting multiple votes for
6 an office; and
7 (2) instructions on how to correct the ballot before the ballot is
8 cast and counted, including the issuance of replacement ballots.
9 (l) If:
10 (1) the voter is unable or declines to present the proof of
11 identification; or
12 (2) a member of the board determines that the proof of
13 identification provided by the voter does not qualify as proof of
14 identification under IC 3-5-2-40.5;
15 the voter shall be permitted to cast a provisional ballot.
16 (m) This subsection applies to a voter who casts an absentee ballot
17 that is treated as a provisional ballot under subsection (l). The board
18 shall provide the voter, both orally and in writing, an explanation of
19 what actions, if any, the voter must take in order to have the voter's
20 ballot counted. The election division shall prescribe the form of the
21 explanation required by this subsection.
22 (n) A voter casting an absentee ballot under this section is entitled
23 to cast the voter's ballot in accordance with IC 3-11-9.
24 (o) In a primary election, a voter casting an absentee ballot under
25 this chapter may not change the voter's choice of the voter's political
26 party after the voter has been mailed or otherwise provided with a
27 primary ballot containing the candidates of that party.
SB 284—LS 6185/DI 149 5
COMMITTEE REPORT
Mr. President: The Senate Committee on Elections, to which was
referred Senate Bill No. 284, 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 2, line 41, delete "seven (7)" and insert "fourteen (14)".
Page 3, line 19, reset in roman "each of the two (2) Saturdays".
Page 3, line 19, delete "the Saturday".
Page 3, line 20, delete "immediately".
Page 3, line 20, reset in roman "However, the county election".
Page 3, reset in roman lines 21 through 26.
Page 3, line 31, reset in roman "each of the".
Page 3, line 32, reset in roman "two (2) Saturdays".
Page 3, line 32, delete "the Saturday immediately".
and when so amended that said bill do pass.
(Reference is to SB 284 as introduced.)
GASKILL, Chairperson
Committee Vote: Yeas 6, Nays 3.
SB 284—LS 6185/DI 149