WHEREAS, a complaint or grievance was filed by David R. Snyder with the Election Division of the Office of the Secretary of State of Indiana (the Election Division) pursuant to IC 3-6-4.5 (administrative complaints concerning the uniform and nondiscriminatory election technology and administrative requirements under Title III of the Help America Vote Act of 2002 (HAVA)) or IC 3-7-11 (administrative complaints regarding violations of Indiana Code 3-7 or the National Voter Registration Act (NVRA));

WHEREAS, pursuant to IC 3-6-4.5-13 and 3-7-11-5, the Co-Directors of the Election Division (the Co-Directors) have determined that even if the facts set forth in the complaint or grievance are assumed to be true, there is no violation of Title III of HAVA, NVRA, or IC 3-7; and

WHEREAS, under IC 3-6-4.5-13 and 3-7-11-5, the Co-Directors shall dismiss the complaint or grievance upon making either of these determinations and, with regard to the dismissal of HAVA-related grievances, publish an order in the Indiana Register dismissing the matter;

IT IS THEREFORE ORDERED:

SECTION 1. That Co-Directors having determined that the complaint or grievance filed by David R. Snyder with the Election Division (and designated as 2010-5) does not set forth a violation of Title III of HAVA, NVRA, or IC 3-7 even if the facts set forth in the complaint or grievance are assumed to be true, hereby DISMISS the complaint or grievance.

SECTION 2. The Co-Directors find the following:

(A) IC 3-7-13-4(a) provides that a person who is "(1) convicted of a crime; and (2) imprisoned following conviction; is deprived of the right of suffrage by the general assembly pursuant to Article 2, Section 8 of the Constitution of the State of Indiana.".

(B) IC 3-7-46-2 provides that "(a) person imprisoned following conviction of a crime is disfranchised during the person's imprisonment.".

(C) The general assembly does not define the term "crime" specifically in either of these two statutes. However, the criminal code contains a provision (IC 35-41-1-6) which defines "crime" as meaning either "a felony or misdemeanor". Under IC 35-41-1-3, "The definitions in (IC 35-41-1) apply throughout this title and to all other statutes relating to penal offenses.".

Based on the findings and analysis set forth above, the Co-Directors conclude that Mr. Snyder's removal from the voter registration comports with the intention of the Indiana General Assembly's statutes, and the powers provided by the Indiana Constitution.

SECTION 3. A copy of this Order shall be provided by certified mail to the person who filed the complaint or grievance; the person alleged to have committed the violation (if contact information was provided by the complainant); the members of the Indiana Election Commission; and the Attorney General.

DIN: 20100811-IR-018100496NRA

Composed: May 05,2024 3:21:09AM EDT

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