January 5, 2010, read first time and referred to Committee on Elections.
Introduced
Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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additions will appear in
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a new provision to the Indiana Code or the Indiana Constitution.
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SENATE BILL No. 146
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-11-10-26; (10)IN0146.1.1. -->
SECTION 1. IC 3-11-10-26, AS AMENDED BY P.L.164-2006,
SECTION 109, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: 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.
(j) All locations where a voter is entitled to vote under this
section must comply with the polling place accessibility
requirements of IC 3-11-8.
SOURCE: IC 3-11-10-26.3; (10)IN0146.1.2. -->
SECTION 2. IC 3-11-10-26.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 26.3. (a) A county
election board may adopt a resolution to authorize the circuit court
clerk to establish satellite offices in the county where voters may cast
absentee ballots before an absentee voter board.
(b) To be adopted under this section, a resolution must be adopted
by the unanimous vote of the board's entire membership.
(c) A resolution adopted under this section must do the following:
(1) State the locations of the satellite offices.
(2) State the hours at which absentee voting may occur at the
satellite offices.
(d) The resolution may contain other provisions the board considers
useful.
(e) If a resolution is adopted under this section, the procedure for
casting an absentee ballot at a satellite office must, except as provided
in this section, be substantially the same as the procedure for casting an
absentee ballot in the office of the circuit court clerk.
(f) A satellite office established by a circuit court clerk under
this section must comply with the polling place accessibility
requirements of IC 3-11-8.