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HOUSE BILL No. 1028

Citations Affected: IC 3-5-2-40.5; IC 3-7; IC 3-10; IC 3-11; IC 3-11.5-4-16; IC 3-11.7.

Synopsis: Election day voter registration; voter identification. Permits a voter to register at the polls by completing a voter registration form and an affirmation that the person has not voted elsewhere in the election and by providing proof of identification. Requires that voter registration forms executed at the polls be processed in the same manner as other registrations. Limits to: (1) voters who register on election day; and (2) voters required to provide proof of identification under federal law; the requirement that a voter provide proof of identification. (Under federal law, a voter who has registered by mail for the first time is required to provide proof of identification.) Changes the definition of "proof of identification" to reflect the standards set by federal law. Repeals statutes relating to the requirement that all voters present proof of identification.

Effective: July 1, 2007.

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    January 8, 2007, read first time and referred to Committee on Elections and Apportionment.

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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 2006 Regular Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning elections.

SOURCE: IC 3-5-2-40.5; (07)IN1028.1.1. -->     SECTION 1. IC 3-5-2-40.5, AS ADDED BY P.L.109-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 40.5. "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 the current address 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.
        is any of the following:
            (A) A current and valid photo identification.
            (B) A current utility bill.

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            (C) A current bank statement.
            (D) A current government check.
            (E) A current paycheck.
            (F) A current government document.

SOURCE: IC 3-7-13-10; (07)IN1028.1.2. -->     SECTION 2. IC 3-7-13-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 10. (a) The registration period begins December 1 of each year (or the first Monday in December if December 1 falls on a Saturday or Sunday).
    (b) The registration period continues through the twenty-ninth day before the date a primary election is scheduled under this title.
    (c) The registration period resumes fourteen (14) days after primary election day and continues through the twenty-ninth day before the date a general or municipal election is scheduled under this article.
    (d) This subsection applies in each precinct in which a special election is to be conducted. The registration period ceases in that precinct on the twenty-ninth day before a special election is conducted and resumes fourteen (14) days after the special election occurs.
     (e) Notwithstanding subsections (b) through (d), a person may register or transfer registration on the day of a primary, general, municipal, school district, or special election as provided in IC 3-7-49 or IC 3-10-11.

SOURCE: IC 3-7-13-11; (07)IN1028.1.3. -->     SECTION 3. IC 3-7-13-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 11. A person desiring to register or transfer a registration may do so:
         (1) at the office of the circuit court clerk or board of registration through the close of business on the twenty-ninth day before the election is scheduled to occur; or
        (2) on the day of a primary, general, municipal, school district, or special election as provided in IC 3-7-49 or IC 3-10-11.

SOURCE: IC 3-7-33-4.5; (07)IN1028.1.4. -->     SECTION 4. IC 3-7-33-4.5, AS AMENDED BY P.L.164-2006, SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4.5. (a) Except as provided in subsection (b), this section applies to an individual who:
        (1) submits an application to register to vote by mail under IC 3-7-22; and
        (2) has not previously voted in:
            (A) a general election in Indiana (or a special election for federal office in Indiana); or
            (B) a general election (or a special election for federal office) in the county where the individual has submitted an application under this chapter if a statewide voter registration

system is not operational in accordance with the requirements of IC 3-7-26.3 and 42 U.S.C. 15483 on the date the application is received by the county voter registration office.
    (b) This section does not apply to an individual who complies with the requirements in any of the following:
        (1) The individual submits an application to register to vote by mail under this chapter and includes with that mailing a copy of
            (A) a current and valid photo identification; or
            (B) a current utility bill, bank statement, government check, paycheck, or government document;
        that shows the name and residence address of the voter stated on the voter registration application. proof of identification.
        (2) The individual submits an application to register to vote by mail under this chapter that includes:
            (A) the individual's Indiana driver's license number; or
            (B) the last four (4) digits of the individual's Social Security number;
        and the county voter registration office or election division matches the information submitted by the applicant with an existing Indiana identification record bearing the same number, name, and date of birth set forth in the voter registration application.
        (3) The individual is an absent uniformed services voter or overseas voter.
        (4) The individual is entitled to vote other than in person under the federal Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee-1(b)(2)(B)(ii)) due to a determination by the election division that a permanent or temporarily accessible polling place cannot be provided for the individual.
        (5) The individual is entitled to vote other than in person under any other federal law.
    (c) When a county voter registration office receives a voter registration application by mail, the office shall determine whether the applicant is subject to the requirements to provide additional documentation under this section and 42 U.S.C. 15483. proof of identification.
    (d) As required by 42 U.S.C. 15483, a county voter registration office shall administer the requirements of this section in a uniform and nondiscriminatory manner.
    (e) If the county voter registration office determines that the applicant:
        (1) is not required to submit additional documentation proof of

identification under this section; or
        (2) has provided the documentation proof of identification required under this section;
the county voter registration office shall process the application in accordance with section 5 of this chapter.
    (f) If the county voter registration office determines that the applicant is required to submit additional documentation under this section and 42 U.S.C. 15483, proof of identification, the office shall process the application under section 5 of this chapter and, if the applicant is otherwise eligible to vote, add the information concerning this documentation the proof of identification to the voter's computerized registration entry under IC 3-7-27-20.2.
    (g) The county voter registration office shall remove the notation described in subsection (f) after the voter votes in an election for a federal office.

SOURCE: IC 3-7-36-11; (07)IN1028.1.5. -->     SECTION 5. IC 3-7-36-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 11. (a) This section applies only to a person described in subsection (b) who applies to register to vote:
        (1) after the date described in IC 3-7-13-11; and
        (2) before the date that the certified list of voters is prepared under IC 3-7-29-1.
    (b) An absent uniformed services voter who is absent from Indiana during the registration period described in IC 3-7-13-10 IC 3-7-13-10(a) through IC 3-7-13-10(d) and who otherwise would be entitled to register to vote under Indiana law may, upon returning to Indiana during the period described in subsection (a) following discharge from service or reassignment, register to vote by doing the following:
        (1) Showing either of the following to the circuit court clerk or board of registration:
            (A) A discharge from service, dated not earlier than the beginning of the registration period that ended on the date described in IC 3-7-13-11, of:
                (i) the voter;
                (ii) the voter's spouse; or
                (iii) the individual of whom the voter is a dependent.
            (B) A copy of the government movement orders, with a reporting date not earlier than the beginning of the registration period that ended on the date described in IC 3-7-13-11, of:
                (i) the voter;
                (ii) the voter's spouse; or

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                (iii) the individual of whom the voter is a dependent.
        (2) Completing a registration affidavit.
    (c) A voter who registers under this section may vote at the upcoming election as provided in this title.

SOURCE: IC 3-7-36-14; (07)IN1028.1.6. -->     SECTION 6. IC 3-7-36-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 14. (a) This section applies to a person described in subsection (b) who applies to register to vote during the period:
        (1) beginning on the date that the certified list of voters is prepared under IC 3-7-29-1; and
        (2) ending at noon election day.
    (b) An absent uniformed services voter who is absent from Indiana during the registration period described in IC 3-7-13-10 IC 3-7-13-10(a) through IC 3-7-13-10(d) and who otherwise would be entitled to register to vote under Indiana law may, upon returning to Indiana during the period described in subsection (a) following discharge from service or reassignment, register to vote by doing the following:
        (1) Showing either of the following to the county voter registration office:
            (A) A discharge from service, dated not earlier than the beginning of the registration period that ended on the date described in IC 3-7-13-11, of:
                (i) the voter;
                (ii) the voter's spouse; or
                (iii) the individual of whom the voter is a dependent.
            (B) A copy of the government movement orders, with a reporting date not earlier than the beginning of the registration period that ended on the date described in IC 3-7-13-11, of:
                (i) the voter;
                (ii) the voter's spouse; or
                (iii) the individual of whom the voter is a dependent.
        (2) Completing a registration affidavit.
    (c) Except as provided in subsection (g), a voter who registers under this section may vote at the upcoming election only by absentee ballot at the office of the circuit court clerk at the time the voter registers under this section or at any time after the voter registers under this section and before noon on election day. A voter who wants to vote under this subsection must do both of the following:
        (1) Complete an application for an absentee ballot.
        (2) Sign an affidavit that the voter has not voted at any other precinct in the election.

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The voter may vote at subsequent elections as otherwise provided in this title.
    (d) If the voter votes by absentee ballot under this section, the circuit court clerk shall do the following:
        (1) Certify in writing that the voter registered under this section.
        (2) Attach the certification to the voter's absentee ballot envelope.
    (e) If the county has a board of registration, the board of registration shall promptly deliver the voter's registration affidavit to the circuit court clerk to permit the voter to vote under subsection (c).
    (f) If the voter chooses not to vote under subsection (c), the county voter registration office shall register the voter on the first day of the next registration period.
     (g) A person described in subsection (b) may register and vote on the day of a primary, general, municipal, school district, or special election as provided in IC 3-7-49.

SOURCE: IC 3-7-48-1; (07)IN1028.1.7. -->     SECTION 7. IC 3-7-48-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. (a) Except as otherwise provided by NVRA or in this chapter, a person whose name does not appear on the registration record may not vote, unless:
         (1) the circuit court clerk or board of registration provides a signed certificate of error in the office where the permanent registration record is kept showing that the voter is legally registered in the precinct where the voter resides;
         (2) the voter has registered as provided in IC 3-7-49; or
        (3) the voter has transferred the voter's registration as provided in IC 3-10-11.
    (b) A person:
         (1) whose name does not appear on the registration record; and
        (2) who does not register as provided in IC 3-7-49;
may cast a provisional ballot as provided in IC 3-11.7.

SOURCE: IC 3-7-49; (07)IN1028.1.8. -->     SECTION 8. IC 3-7-49 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]:
     Chapter 49. Election Day Registration
    Sec. 1. (a) An individual who is not registered to vote but is otherwise qualified to vote shall be allowed to vote at the polls in a primary, general, municipal, school district, or special election if the individual registers at the polls under this chapter.
    (b) In order to register to vote at a precinct under this chapter, the individual:
        (1) must be a resident of the precinct;
        (2) must be otherwise legally qualified to vote under

IC 3-7-13-1;
        (3) may not be registered to vote under IC 3-7-14 through IC 3-7-23;
        (4) may not be qualified to vote under IC 3-7-39-7, IC 3-7-39-8, IC 3-7-48, IC 3-10-10, IC 3-10-11, or IC 3-10-12; and
        (5) may not have already voted in the election.
    (c) Before allowing the individual to vote, the poll clerk or other precinct election officer shall require the individual to do the following:
        (1) Complete a voter registration form prescribed by IC 3-7-18, along with the affirmation described in section 3 of this chapter, and sign the form in the presence of two (2) precinct election officers who must be from different political parties. If the county election board has not appointed precinct election officers from more than one (1) political party to the precinct election board, the inspector for the precinct shall sign the form as the second precinct election officer.
        (2) Provide proof of identification.
    Sec. 2. (a) If the individual presents proof of identification as required in section 1 of this chapter, the poll clerk shall add a notation to the poll list indicating the type of document presented by the individual. The election division shall prescribe a standardized coding system to classify documents presented under this subsection for entry into the county voter registration system.
    (b) If an individual is unable to present proof of identification to the poll clerk while present in the polls, the poll clerk shall notify the precinct election board. The board shall provide a provisional ballot to the individual under IC 3-11.7-2.
    (c) The precinct election board shall advise the individual that the individual may file a copy of the proof of identification with:
        (1) the county voter registration office; or
        (2) the precinct election board in the voter's precinct;
to permit the provisional ballot to be counted under IC 3-11.7.
    Sec. 3. The commission shall prescribe the affirmation required by section 1(c)(1) of this chapter. The affirmation must include a statement that the individual has not already voted in the election for which the individual is registering to vote.
    Sec. 4. An individual who registers to vote under this chapter:
        (1) may not be challenged on the grounds that the individual's registration does not appear in the precinct registration book

or poll list; and
        (2) is not required to obtain a certificate of error under IC 3-7-48 to vote.
    Sec. 5. Before each primary, general, municipal, school district, or special election, the county election board shall provide each precinct election board with a sufficient number of registration forms, affirmations, and statements to meet the reasonable need for the forms under this chapter.
    Sec. 6. The precinct election board shall attach the completed registration forms, affirmations, and statements to the poll list for processing by the county voter registration office under IC 3-10-1-31.1.
    Sec. 7. (a) The precinct election board shall add the name and address of an individual who registers to vote under this chapter to the poll list of the precinct.
    (b) The county voter registration office shall add the name of an individual who registers to vote under this chapter to the registration record of the county.
    Sec. 8. The county voter registration office shall process under IC 3-7-33-5 the voter registration forms completed under section 1 of this chapter.
    Sec. 9. If a notice mailed under IC 3-7-33-5 to an individual who registered under this chapter is returned as undeliverable, the county voter registration office shall initiate steps under IC 3-7-33-6 to remove the individual from the registration rolls.
    Sec. 10. A registration completed under this chapter for which the notice mailed under IC 3-7-33-5 is not returned is effective to the same extent as if the registration had been completed under IC 3-7-14 through IC 3-7-23.

SOURCE: IC 3-10-1-31.1; (07)IN1028.1.9. -->     SECTION 9. IC 3-10-1-31.1, AS AMENDED BY P.L.230-2005, SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 31.1. (a) This section applies only to election materials for elections held after December 31, 2003.
    (b) The inspector of each precinct shall deliver the bags required by section 30(a) and 30(c) of this chapter in good condition, together with poll lists, tally sheets, and other forms, to the circuit court clerk when making returns.
    (c) Except for unused ballots disposed of under IC 3-11-3-31 or affidavits received by the county election board under IC 3-14-5-2 for delivery to the foreman of a grand jury, the circuit court clerk shall seal the ballots and other material during the time allowed to file a verified petition or cross-petition for a recount of votes or to contest the

election. Except as provided in subsection (d), after the recount or contest filing period, the election material (except for ballots, which remain confidential) shall be made available for copying and inspection under IC 5-14-3. The circuit court clerk shall carefully preserve the sealed ballots and other material for twenty-two (22) months, as required by 42 U.S.C. 1974, after which the sealed ballots and other material are subject to IC 5-15-6 unless an order issued under:
        (1) IC 3-12-6-19 or IC 3-12-11-16; or
        (2) 42 U.S.C. 1973;
requires the continued preservation of the ballots or other material.
    (d) If a petition for a recount or contest is filed, the material for that election remains confidential until completion of the recount or contest.
    (e) Upon delivery of the poll lists, the county voter registration office may unseal the envelopes containing the poll lists. For the purposes of:
        (1) a cancellation of registration conducted under IC 3-7-43 through IC 3-7-46;
        (2) a transfer of registration conducted under IC 3-7-39, IC 3-7-40, or IC 3-7-42;
        (3) a change of name made under IC 3-7-41;
        (4) adding the registration of a voter under IC 3-7-48-8 or IC 3-7-49; or
        (5) recording that a voter subject to IC 3-7-33-4.5 submitted the documentation required under 42 U.S.C. 15483 and IC 3-11-8 or IC 3-11-10; proof of identification;
the county voter registration office may inspect the poll lists and update the registration record of the county. The county voter registration office shall use the poll lists to update the registration record to include the voter's voter identification number if the voter's voter identification number is not already included in the registration record. Upon completion of the inspection, the poll list shall be preserved with the ballots and other materials in the manner prescribed by subsection (c) for the period prescribed by subsections (c) and (d).
    (f) This subsection does not apply to ballots. Notwithstanding subsection (c), if a county voter registration office determines that the inspection and copying of precinct election material would reveal the political parties, candidates, and public questions for which an individual cast an absentee ballot, the county voter registration office shall keep confidential only that part of the election material necessary to protect the secrecy of the voter's ballot.
    (g) After the expiration of the period described in subsection (c) or (d), the ballots may be destroyed in the manner provided by

IC 3-11-3-31 or transferred to a state educational institution as provided by IC 3-12-2-12.

SOURCE: IC 3-10-8-9; (07)IN1028.1.10. -->     SECTION 10. IC 3-10-8-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9. (a) If the special election occurs during the period when registration is open under IC 3-7-13, the registration period continues through the twenty-ninth day before the special election occurs and resumes on the date specified by IC 3-7-13-10(d), except that a person may register or transfer registration on the day of a special election as provided in IC 3-7-49 or IC 3-10-11.
    (b) The election board conducting the special election shall provide poll lists for use at the precincts that include the names of voters in the precinct who:
        (1) have registered through the twenty-ninth day before the special election is to be conducted; or
        (2) are absent uniformed services voters or overseas voters registered under IC 3-7-36.
    (c) This subsection applies when a special election is ordered by a court under IC 3-12-8-17 or the state recount commission under IC 3-12-11-18. A candidate may not be placed on the special election ballot unless the candidate was on the ballot or was a declared write-in candidate for the office at the general election preceding the special election.
    (d) The restrictions on the sale of alcoholic beverages set forth in IC 7.1-5-10-1 apply in each precinct in which the special election is conducted.

SOURCE: IC 3-11-8-15; (07)IN1028.1.11. -->     SECTION 11. IC 3-11-8-15, AS AMENDED BY P.L.230-2005, SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 15. (a) Only the following persons are permitted in the polls during an election:
        (1) Members of a precinct election board.
        (2) Poll clerks and assistant poll clerks.
        (3) Election sheriffs.
        (4) Deputy election commissioners.
        (5) Pollbook holders and challengers.
        (6) Watchers.
        (7) Voters for the purposes of:
             (A) voting; or
            (B) for a voter registering to vote on election day under IC 3-7-49, filing a copy of the voter's proof of identification with the precinct election board in the voter's precinct, so that the individual's provisional ballot may be counted

under IC 3-11.7.
        (8) Minor children accompanying voters as provided under IC 3-11-11-8.
        (9) An assistant to a precinct election officer appointed under IC 3-6-6-39.
        (10) An individual authorized to assist a voter in accordance with IC 3-11-9.
        (11) A member of a county election board, acting on behalf of the board.
        (12) A mechanic authorized to act on behalf of a county election board to repair a voting system (if the mechanic bears credentials signed by each member of the board).
        (13) Either of the following who have been issued credentials signed by the members of the county election board:
            (A) The county chairman of a political party.
            (B) The county vice chairman of a political party.
        (14) The secretary of state, as chief election officer of the state, unless the individual serving as secretary of state is a candidate for nomination or election to an office at the election.
    (b) This subsection applies to a simulated election for minors conducted with the authorization of the county election board. An individual participating in the simulated election may be in the polls for the purpose of voting. A person supervising the simulated election may be in the polls to perform the supervision.
    (c) The inspector of a precinct has authority over all simulated election activities conducted under subsection (b) and shall ensure that the simulated election activities do not interfere with the election conducted in that polling place.

SOURCE: IC 3-11-8-16; (07)IN1028.1.12. -->     SECTION 12. IC 3-11-8-16, AS AMENDED BY P.L.230-2005, SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 16. A person may not remain within a distance equal to the length of the chute (as defined in IC 3-5-2-10) of the entrance to the polls except for the purpose of:
         (1) offering to vote; or
        (2) for a voter registering to vote on election day under IC 3-7-49, filing a copy of the voter's proof of identification with the precinct election board in the voter's precinct, so that the individual's provisional ballot may be counted under IC 3-11.7.

SOURCE: IC 3-11-8-25.1; (07)IN1028.1.13. -->     SECTION 13. IC 3-11-8-25.1, AS AMENDED BY P.L.164-2006, SECTION 100, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 25.1. (a) Except as provided in

subsection (e), a voter who desires to vote an official ballot at an election shall provide proof of identification.
    (b) Except as provided in subsection (e), before the voter proceeds to vote in the election, a member of the precinct election board shall ask the voter to provide proof of identification. The voter shall produce the proof of identification before being permitted to sign the poll list.
    (c) If:
        (1) the voter is unable or declines to present the proof of identification; or
        (2) a member of the precinct election board determines that the proof of identification provided by the voter does not qualify as proof of identification under IC 3-5-2-40.5;
a member of the precinct election board shall challenge the voter as prescribed by this chapter.
    (d) If the voter executes a challenged voter's affidavit under section 22.1 of this chapter, the voter may:
        (1) sign the poll list; and
        (2) receive a provisional ballot.
    (e) A voter who votes in person at a precinct polling place that is located at a state licensed care facility where the voter resides is not required to provide proof of identification before voting in an election.
    (f) After a voter has passed the challengers or has been sworn in, the voter shall be instructed by a member of the precinct election board to proceed to the location where the poll clerks are stationed. The voter shall announce the voter's name to the poll clerks or assistant poll clerks the voter's name and whether the voter wants to register to vote at the polls. If the voter wants to register and meets the conditions set forth in IC 3-7-49, the poll clerk or other precinct election officer shall register the voter in accordance with IC 3-7-49. If the voter is already registered, a poll clerk, an assistant poll clerk, or a member of the precinct election board shall require the voter to write the following on the poll list:
        (1) The voter's name.
        (2) Except as provided in subsection (k), the voter's current residence address.
    (g) The poll clerk, an assistant poll clerk, or a member of the precinct election board shall:
        (1) ask the voter to provide or update the voter's voter identification number;
        (2) tell the voter the number the voter may use as a voter identification number; and
        (3) explain to the voter that the voter is not required to provide or

update a voter identification number at the polls.
    (h) The poll clerk, an assistant poll clerk, or a member of the precinct election board shall ask the voter to provide proof of identification.
    (i) In case of doubt concerning a voter's identity, the precinct election board shall compare the voter's signature with the signature on the affidavit of registration or any certified copy of the signature provided under IC 3-7-29. If the board determines that the voter's signature is authentic, the voter may then vote. If either poll clerk doubts the voter's identity following comparison of the signatures, the poll clerk shall challenge the voter in the manner prescribed by section 21 of this chapter.
    (j) If, in a precinct governed by subsection (g):
        (1) the poll clerk does not execute a challenger's affidavit; or
        (2) the voter executes a challenged voter's affidavit under section 22.1 of this chapter or executed the affidavit before signing the poll list;
the voter may then vote.
    (k) Each line on a poll list sheet provided to take a voter's current address must include a box under the heading "Address Unchanged" so that a voter whose residence address shown on the poll list is the voter's current residence address may check the box instead of writing the voter's current residence address on the poll list.

SOURCE: IC 3-11-8-25.2; (07)IN1028.1.14. -->     SECTION 14. IC 3-11-8-25.2, AS AMENDED BY P.L.164-2006, SECTION 101, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 25.2. (a) The poll clerk or assistant poll clerk shall examine the list provided under IC 3-7-29-1 to determine if the county election board has indicated that the voter is required to provide additional personal proof of identification under 42 U.S.C. 15483 and IC 3-7-33-4.5 before voting in person. If the list (or a certification concerning absentee voters under IC 3-11-10-12) indicates that the voter is required to present this proof of identification before voting in person, the poll clerk shall advise the voter that the voter must present in addition to the proof of identification required by section 25.1(a) of this chapter, a piece of identification described in subsection (b) to the poll clerk.
    (b) As required by 42 U.S.C. 15483, and in addition to the proof of identification required by section 25.1(a) of this chapter, a voter described by IC 3-7-33-4.5 who has not complied with IC 3-7-33-4.5 before appearing at the polls on election day must present one (1) of the following documents to the poll clerk:
        (1) A current and valid photo identification.

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        (2) A current utility bill, bank statement, government check, paycheck, or government document that shows the name and address of the voter.
    (c) (b) If a voter presents a document under subsection (b), proof of identification, the poll clerk shall add a notation to the list indicating the type of document presented by the voter. The election division shall prescribe a standardized coding system to classify documents presented under this subsection for entry into the county voter registration system.
    (d) (c) If a voter required to present documentation proof of identification under subsection (b) this section is unable to present the documentation proof of identification to the poll clerk while present in the polls, the poll clerk shall notify the precinct election board. The board shall provide a provisional ballot to the voter under IC 3-11.7-2.
    (e) (d) The precinct election board shall advise the voter that the voter may file a copy of the documentation proof of identification with the county voter registration office to permit the provisional ballot to be counted under IC 3-11.7.

SOURCE: IC 3-11-8-25.5; (07)IN1028.1.15. -->     SECTION 15. IC 3-11-8-25.5, AS AMENDED BY P.L.164-2006, SECTION 102, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 25.5. (a) If an individual signs the individual's name and either:
        (1) signs the individual's address; or
        (2) checks the "Address Unchanged" box;
on the poll list under section 25.1 of this chapter and then leaves the polls without casting a ballot or after casting a provisional ballot, the voter may not be permitted to reenter the polls, to cast a ballot at the election. except as provided by subsection (b).
    (b) An individual who:
        (1) registers to vote on election day under IC 3-7-49; and
        (2) casts a provisional ballot under IC 3-11.7, because the individual is unable to present proof of identification;
is entitled to reenter the polls solely to file a copy of proof of identification with the precinct election board in the voter's precinct, so that the individual's provisional ballot may be counted under IC 3-11.7.

SOURCE: IC 3-11-10-22; (07)IN1028.1.16. -->     SECTION 16. IC 3-11-10-22, AS AMENDED BY P.L.109-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 22. (a) If an absentee ballot is challenged under section 21 of this chapter, the absentee voter's application for an absentee ballot shall be considered as the affidavit required to be made by a voter when challenged at the polls while voting in person.
    (b) Except as provided in subsection (c), The challenge procedure

under this section is the same as though the ballot was cast by the voter in person.
    (c) An absentee voter is not required to provide proof of identification.
    (d) (c) If a proper affidavit is made that would entitle the absentee voter to vote if the absentee voter had personally appeared, then the absentee ballot shall be placed in the ballot box.

SOURCE: IC 3-11-10-26; (07)IN1028.1.17. -->     SECTION 17. IC 3-11-10-26, AS AMENDED BY P.L.164-2006, SECTION 109, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 26. (a) As an alternative to voting by mail, a voter is entitled to cast an absentee ballot before an absentee voter board:
        (1) in the office of the circuit court clerk (or board of elections and registration in a county subject to IC 3-6-5.2); or
        (2) at a satellite office established under section 26.3 of this chapter.
    (b) The voter must
        (1) sign an application on the form prescribed by the commission under IC 3-11-4-5.1 and
        (2) provide proof of identification;
before being permitted to vote. The application must be received by the circuit court clerk not later than the time prescribed by IC 3-11-4-3.
    (c) The voter may vote before the board not more than twenty-nine (29) days nor later than noon on the day before election day.
    (d) An absent uniformed services voter who is eligible to vote by absentee ballot in the circuit court clerk's office under IC 3-7-36-14 may vote before the board not earlier than twenty-nine (29) days before the election and not later than noon on election day. If a voter described by this subsection wishes to cast an absentee ballot during the period beginning at noon on the day before election day and ending at noon on election day, the county election board or absentee voter board may receive and process the ballot at a location designated by resolution of the county election board.
    (e) The absentee voter board in the office of the circuit court clerk must permit voters to cast absentee ballots under this section for at least seven (7) hours on each of the two (2) Saturdays preceding election day.
    (f) Notwithstanding subsection (e), in a county with a population of less than twenty thousand (20,000), the absentee voter board in the office of the circuit court clerk, with the approval of the county election board, may reduce the number of hours available to cast absentee ballots under this section to a minimum of four (4) hours on each of the

two (2) Saturdays preceding election day.
    (g) As provided by 42 U.S.C. 15481, a voter casting an absentee ballot under this section must be:
        (1) permitted to verify in a private and independent manner the votes selected by the voter before the ballot is cast and counted;
        (2) provided with the opportunity to change the ballot or correct any error in a private and independent manner before the ballot is cast and counted, including the opportunity to receive a replacement ballot if the voter is otherwise unable to change or correct the ballot; and
        (3) notified before the ballot is cast regarding the effect of casting multiple votes for the office and provided an opportunity to correct the ballot before the ballot is cast and counted.
    (h) As provided by 42 U.S.C. 15481, when an absentee ballot is provided under this section, the board must also provide the voter with:
        (1) information concerning the effect of casting multiple votes for an office; and
        (2) instructions on how to correct the ballot before the ballot is cast and counted, including the issuance of replacement ballots.
    (i) If:
        (1) the voter is unable or declines to present the proof of identification; or
        (2) a member of the board determines that the proof of identification provided by the voter does not qualify as proof of identification under IC 3-5-2-40.5;
the voter shall be permitted to cast an absentee ballot and the voter's absentee ballot shall be treated as a provisional ballot.

SOURCE: IC 3-11.5-4-16; (07)IN1028.1.18. -->     SECTION 18. IC 3-11.5-4-16, AS AMENDED BY P.L.164-2006, SECTION 120, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 16. (a) If an absentee ballot is challenged under section 15 of this chapter, the absentee voter's application for an absentee ballot shall be considered as the affidavit required to be made by a voter when challenged at the polls while voting in person.
    (b) Except as provided in subsection (c), The challenge procedure under this section is the same as though the ballot was cast by the voter in person.
    (c) An absentee voter is not required to provide proof of identification.
    (d) (c) If a proper affidavit by a qualified person in the form required by IC 3-11-8-22.1 is made that would entitle the absentee voter to vote if the absentee voter had personally appeared, the couriers

shall return the affidavit to the county election board in the same envelope as the certificate returned under section 9 of this chapter.
    (e) (d) The absentee ballot cast by the challenged voter shall be counted if the county election board makes the findings required under section 11 of this chapter.

SOURCE: IC 3-11.7-2-1; (07)IN1028.1.19. -->     SECTION 19. IC 3-11.7-2-1, AS AMENDED BY P.L.164-2006, SECTION 121, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. (a) As provided by 42 U.S.C. 15482, this section applies to the following individuals:
        (1) An individual:
            (A) whose name does not appear on the registration list; and
            (B) who is challenged under IC 3-10-1 or IC 3-11-8 after the voter makes an oral or a written affirmation under IC 3-7-48-5 or IC 3-7-48-7 or after the voter produces a certificate of error under IC 3-7-48-1.
        (2) An individual described by IC 3-10-1-10.5, IC 3-11-8-23.5, or IC 3-11-8-27.5 who is challenged as not eligible to vote.
        (3) An individual who seeks to vote in an election as a result of a court order (or any other order) extending the time established for closing the polls under IC 3-11-8-8.
         (4) An individual who is registering to vote at the polls but has not presented proof of identification.
    (b) As required by 42 U.S.C. 15483, a voter who has registered to vote but has not:
        (1) presented proof of identification required under 42 U.S.C. 15483 to the poll clerk before voting in person under IC 3-11-8-25.1; or
        (2) filed a copy of the identification required under 42 U.S.C. 15483 to the county voter registration office before the voter's absentee ballot is cast;
         (2) after July 1, 2007, presented proof of identification to the poll clerk before voting in person under IC 3-11-8-25.1;
is entitled to vote a provisional ballot under this article.
    (c) A precinct election officer shall inform an individual described by subsection (a)(1) or (a)(2) that the individual may cast a provisional ballot if the individual:
        (1) is eligible to vote under IC 3-7-13-1;
        (2) submitted a voter registration application during the registration period described by IC 3-7-13-10 (or IC 3-7-36-11, if the voter registered under that section); and
        (3) executes an affidavit described in IC 3-10-1-9 or IC 3-11-8-23.
    (d) A precinct election officer shall inform an individual described

by subsection (a)(3) or (a)(4) that the individual may cast a provisional ballot.

SOURCE: IC 3-11.7-2-3; (07)IN1028.1.20. -->     SECTION 20. IC 3-11.7-2-3, AS AMENDED BY P.L.109-2005, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) The precinct election board shall affix to the envelope the challenger's affidavit and the affidavit executed by the provisional voter under section 1 of this chapter.
    (b) The form of the envelope is prescribed under IC 3-6-4.1-14. The envelope must permit a member of a precinct election board to indicate whether the voter has been issued a provisional ballot as the result of a challenge based on the voter's inability or declination to provide proof of identification, if required under this title.
    (c) Except as provided in subsection (d) and in accordance with 42 U.S.C. 15482, the precinct election board shall securely keep the sealed envelope, along with the affidavits affixed to the envelope, in another envelope or container marked "Provisional Ballots".
    (d) This subsection applies to the sealed envelope and the affidavits affixed to the envelope of a provisional voter described in section 1(a)(3) of this chapter. As required by 42 U.S.C. 15482, the precinct election board shall keep the sealed envelope or container separate from the envelope or container described in subsection (c). The envelope or container described in this subsection must be labeled "Provisional Ballots Issued After Regular Poll Closing Hours".

SOURCE: IC 3-11.7-5-1.5; (07)IN1028.1.21. -->     SECTION 21. IC 3-11.7-5-1.5, AS AMENDED BY P.L.164-2006, SECTION 123, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1.5. (a) Subsection (c) applies to a provisional ballot that the county election board determines, by a majority vote of its members and in accordance with this title:
        (1) has been marked and cast by a voter in compliance with this title; but
        (2) may not otherwise be counted solely as the result of the act or failure to act of an election officer.
    (b) Subsection (c) does not apply to either of the following:
        (1) A provisional ballot cast by an individual who seeks to vote in an election as the result of a court or other order extending the time established for closing the polls under IC 3-11-8-8 if the county election board determines or is directed under a court or other order that all provisional ballots issued after regular poll closing hours are not to be counted.
        (2) A provisional ballot that is required to be rejected by a county election board under section 2(b) of this chapter as the result of information or lack of information provided by a voter registration

agency.
    (c) The sealed envelope containing a provisional ballot described in subsection (a) shall nevertheless be opened under section 4 of this chapter and the provisional ballot counted unless evidence of fraud, tampering, or misconduct affecting the integrity of the ballot is demonstrated. The act or failure to act by an election officer is not by itself evidence of fraud, tampering, or misconduct affecting the integrity of the ballot.
    (d) Notwithstanding subsection (c), if the county election board, by a majority vote of its members, determines that there is evidence presented to the board demonstrating that the individual who cast the provisional ballot was ineligible to cast a regular ballot in that precinct, or evidence has been presented to the board demonstrating any other reason set forth in HAVA or this title not to count a provisional ballot, the provisional ballot may not be counted.
    (e) This subsection applies to a provisional ballot cast by a voter after the voter was challenged solely because the voter was unable or declined to provide proof of identification when required under this title and not for any other reason. If the voter later complies with the requirements of this title for proof of identification, the provisional ballot cast by the voter shall be counted in accordance with sections 2 and 2.5 of this chapter.
    (f) This subsection applies to a provisional ballot cast by a voter after the voter was challenged for any reason except the voter's inability or declination to provide proof of identification. If the only evidence before the county election board on the question of counting of the provisional ballot cast by the voter is:
        (1) the affidavit of the voter who cast the provisional ballot; and
        (2) the affidavit of a challenger challenging the voter who cast the provisional ballot;
the provisional ballot shall be counted.

SOURCE: IC 3-11.7-5-2; (07)IN1028.1.22. -->     SECTION 22. IC 3-11.7-5-2, AS AMENDED BY P.L.103-2005, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) Except as provided in section 5 of this chapter, if the county election board determines that all the following apply, a provisional ballot is valid and shall be counted under this chapter:
        (1) The affidavit executed by the provisional voter under IC 3-11.7-2-1 is properly executed.
        (2) The provisional voter is a qualified voter of the precinct and has provided proof of identification, if required, under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26. this title.

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        (3) Based on all the information available to the county election board, including:
            (A) information provided by the provisional voter;
            (B) information contained in the county's voter registration records; and
            (C) information contained in the statewide voter registration file;
        the provisional voter registered to vote at a registration agency under this article on a date within the registration period.
    (b) If the provisional voter has provided information regarding the registration agency where the provisional voter registered to vote, the board shall promptly make an inquiry to the agency regarding the alleged registration. The agency shall respond to the board not later than noon of the first Friday after the election, indicating whether the agency's records contain any information regarding the registration. If the agency does not respond to the board's inquiry, or if the agency responds that the agency has no record of the alleged registration, the board shall reject the provisional ballot. The board shall endorse the ballot with the word "Rejected" and document on the ballot the inquiry and response, if any, by the agency.
    (c) Except as provided in section 5 of this chapter, a provisional ballot cast by a voter described in IC 3-11.7-2-1(b) is valid and shall be counted if the county election board determines under this article that the voter filed the documentation required under IC 3-7-33-4.5 and 42 U.S.C. 15483 proof of identification with the county voter registration office not later than the closing of the polls on election day.

SOURCE: IC 3-11.7-5-2.5; (07)IN1028.1.23. -->     SECTION 23. IC 3-11.7-5-2.5, AS ADDED BY P.L.103-2005, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2.5. (a) A voter who:
        (1) was challenged under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26 as a result of the voter's inability unable or declination declined to provide proof of identification; and
        (2) cast a provisional ballot;
may personally appear before the circuit court clerk or the county election board not later than the deadline specified by section 1 of this chapter for the county election board to determine whether to count a provisional ballot.
    (b) Except as provided in subsection (c) or (e), (d), if the voter:
        (1) provides proof of identification to the circuit court clerk or county election board; and
        (2) executes an affidavit before the clerk or board, in the form prescribed by the commission, affirming under the penalties of

perjury that the voter is the same individual who:
            (A) personally appeared before the precinct election board; and
            (B) cast the provisional ballot on election day;
the county election board shall find that the voter's provisional ballot is valid and direct that the provisional ballot be opened under section 4 of this chapter and processed in accordance with this chapter.
    (c) If the voter executes an affidavit before the circuit court clerk or county election board, in the form prescribed by the commission, affirming under the penalties of perjury that
        (1) the voter is the same individual who:
        (A) (1) personally appeared before the precinct election board; and
        (B) (2) cast the provisional ballot on election day; and
        (2) the voter:
            (A) is:
                (i) indigent; and
                (ii) unable to obtain proof of identification without the payment of a fee; or
            (B) has a religious objection to being photographed;
the county election board shall determine whether the voter has been challenged for any reason other than the voter's inability or declination to present proof of identification to the precinct election board.
    (d) If the county election board determines that the voter described in subsection (c) has been challenged solely for the inability or declination of the voter to provide proof of identification, the county election board shall:
        (1) find that the voter's provisional ballot is valid; and
        (2) direct that the provisional ballot be:
            (A) opened under section 4 of this chapter; and
            (B) processed in accordance with this chapter.
    (e) (d) If the county election board determines that a voter described in subsection (b) or (c) has been challenged for a cause other than the voter's inability or declination to provide proof of identification, the board shall:
        (1) note on the envelope containing the provisional ballot that the voter has complied with the proof of identification requirement; and
        (2) proceed to determine the validity of the remaining challenges set forth in the challenge affidavit before ruling on the validity of the voter's provisional ballot.
    (f) (e) If a voter described by subsection (a) fails by the deadline for

counting provisional ballots referenced in subsection (a) to:
        (1) appear before the county election board; and
        (2) execute an affidavit in the manner prescribed by subsection (b) or (c);
the county election board shall find that the voter's provisional ballot is invalid.

SOURCE: IC 3-11.7-5-3; (07)IN1028.1.24. -->     SECTION 24. IC 3-11.7-5-3, AS AMENDED BY P.L.103-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) If the board determines that the affidavit executed by the provisional voter has not been properly executed, that the provisional voter is not a qualified voter of the precinct, that the voter failed to provide proof of identification when required under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26, this title, or that the provisional voter did not register to vote at a registration agency under this article on a date within the registration period, the board shall make the following findings:
        (1) The provisional ballot is invalid.
        (2) The provisional ballot may not be counted.
        (3) The provisional ballot envelope containing the ballots cast by the provisional voter may not be opened.
    (b) If the county election board determines that a provisional ballot is invalid, a notation shall be made on the provisional ballot envelope: "Provisional ballot determined invalid".
    SECTION 25. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2007]: IC 3-10-1-7.2; IC 3-11-10-1.2.