Citations Affected: IC 3-5; IC 3-11.
Synopsis: Vote centers. Establishes the use of vote centers as an
option for all counties. Requires the county election board (board) to
adopt an order designating a county a vote center county, adopt a plan
to administer the vote centers, and file the order and the plan with the
election division. Requires the board to accept and consider public
comment before adopting an order designating the county as a vote
center county. Requires that the plan provide that at least one vote
center be established for early voting on the two Saturdays immediately
preceding an election day. Provides that designation of a county as a
vote center county remains in effect until the board rescinds the order
designating the county as a vote center county and files a copy of the
rescission with the election division. Redesignates automatically as a
vote center county a county previously designated a vote center pilot
county. (The law concerning the use of vote centers in vote center pilot
counties has expired.)
Effective: December 31, 2010 (retroactive).
January 5, 2011, read first time and referred to Committee on Elections.
January 10, 2011, amended, reported favorably _ Do Pass.
January 13, 2011, read second time, amended, ordered engrossed.
January 14, 2011, engrossed.
January 18, 2011, read third time, passed. Yeas 49, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning
(3) An electronic poll list may not permit access to voter information other than information provided on the certified list of voters prepared under IC 3-7-29-1.
polls are to be located at a vote center; or
(B) to establish a secure electronic connection between the county election board and the precinct election officials administering a vote center.
(11) A description of the equipment and procedures to be used to ensure that information concerning a voter entered into any electronic poll list used by precinct election officers at a vote center is immediately accessible to:
(A) the county election board; and
(B) the electronic poll lists used by precinct election officers at all other vote centers in the county.
(12) For each precinct designated under subdivision (5), the number of electronic poll lists to be provided for the precinct.
(13) The security and contingency plans to be implemented by the county to do all of the following:
(A) Prevent a disruption of the vote center process.
(B) Ensure that the election is properly conducted if a disruption occurs.
(C) Prevent access to an electronic poll list without the coordinated action of two (2) precinct election officers who are not members of the same political party.
(14) A certification that the vote center complies with the accessibility requirements applicable to polling places under IC 3-11-8.
(15) A sketch depicting the planned layout of the vote center, indicating the location of:
(A) equipment; and
(B) precinct election officers;
within the vote center.
(16) The total number of vote centers to be established at satellite offices that are established under IC 3-11-10-26.3 to allow voters to cast absentee ballots in accordance with IC 3-11. However, a plan must provide for at least one (1) vote center to be established as a satellite office under IC 3-11-10-26.3 on the two (2) Saturdays immediately preceding an election day.
(17) The method and timing of providing voter data to persons who are entitled to receive the data under this title. Data shall be provided to all persons entitled to the data without unreasonable delay.
Sec. 5. A plan must provide a vote center for use by voters residing within the county for use in a primary election, general
election, special election, municipal primary, or municipal election
conducted on or after the effective date of the county election
Sec. 6. When the total number of active voters in the county equals at least twenty-five thousand (25,000), the following apply:
(1) The plan must provide for at least one (1) vote center for each ten thousand (10,000) active voters.
(2) In addition to the vote centers designated in subdivision (1), the plan must provide for a vote center for any fraction of ten thousand (10,000) voters.
Sec. 7. Before adopting an order designating a county as a vote center county under this chapter, the county election board must determine the following:
(1) That the secure electronic connection as described under section 4(10)(B) of this chapter is sufficient to prevent:
(A) any voter from voting more than once; and
(B) unauthorized access by any person to:
(i) the electronic poll lists for a precinct whose polls are to be located at the vote center; or
(ii) the computerized list of voters of the county.
(2) That the planned design and location of the equipment and precinct officers will provide the most efficient access for:
(A) voters to enter the polls, cast their ballots, and leave the vote center; and
(B) precinct election officials, watchers, challengers, and pollbook holders to exercise their rights and perform their duties within the vote center.
Sec. 8. (a) The designation of a county as a vote center county takes effect immediately upon the filing of the order with the election division, unless otherwise specified by the county election board.
(b) The designation of a county as a vote center county remains in effect until the county election board, by unanimous vote of its entire membership:
(1) rescinds the order designating the county as a vote center county; and
(2) files a copy of the document rescinding the order with the election division.
Sec. 9. The county executive shall publish notice of the location of each vote center in accordance with IC 3-11-8-3.2.
Sec. 10. Except as otherwise provided by this chapter, the county shall administer an election conducted at a vote center in
accordance with federal law, this title, and the plan adopted with
the county election board's order under section 4 of this chapter.
Sec. 11. Notwithstanding any other law, a voter who resides in a vote center county is entitled to cast an absentee ballot at a vote center located at a satellite office of the county election board established under IC 3-11-10-26.3 in the same manner and subject to the same restrictions applicable to a voter wishing to cast an absentee ballot before an absentee board located in the office of the circuit court clerk or board of elections and registration.
Sec. 12. Notwithstanding any other law, the electronic poll list used at each vote center:
(1) must comply with IC 3-11-8-10.3;
(2) may include an electronic image of the signature of a voter taken from the voter's registration application, if available; and
(3) may be in a format approved by the secretary of state.
Sec. 13. Notwithstanding any other law, including IC 3-11-8-2 and IC 3-14-2-11, a voter who resides in a vote center county is entitled to cast a ballot at any vote center established in the county without regard to the precinct in which the voter resides.
Sec. 14. The precinct election board administering an election at a vote center shall keep the ballots cast in each precinct separate from the ballots cast in any other precinct whose election is administered at the vote center, so that the votes cast for each candidate and on each public question in each of the precincts administered by the board may be determined and included on the statement required by IC 3-12-4-9.
Sec. 15. (a) A county may amend a plan adopted with a county election board's order under section 4 of this chapter.
(b) For a county to amend its plan:
(1) the county election board (or board of elections and registration established under IC 3-6-5.2 or IC 3-6-5.4), by unanimous vote of the entire membership of the board, must approve the plan amendment;
(2) all members of the board must sign the amendment; and
(3) the amendment must be filed with the election division.
(c) A plan amendment takes effect immediately upon filing with the election division, unless otherwise specified by the county election board.