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IC 3-7-12-1
Duties of circuit court clerk
Sec. 1. (a) This section does not apply to the following counties:
(1) A county in which a board of elections and registration is
established under IC 3-6-5.2 or IC 3-6-5.4.
(2) A county containing a consolidated city.
(3) A county in which a board of registration was established by
IC 3-7-12-3 (before its repeal).
(4) A county in which a board of registration exists under an
order adopted by a county acting under this chapter.
(b) The circuit court clerk:
(1) is the voter registration officer of each county; and
(2) shall supervise the registration of voters of the county.
As added by P.L.12-1995, SEC.21. Amended by P.L.144-2001,
SEC.4; P.L.225-2011, SEC.8.
IC 3-7-12-2
"Board of registration" defined
Sec. 2. As used in this chapter, "board of registration" includes a
board of elections and registration established under IC 3-6-5.2 or
IC 3-6-5.4.
As added by P.L.12-1995, SEC.21. Amended by P.L.14-2000, SEC.1;
P.L.144-2001, SEC.5.
IC 3-7-12-2.5
County containing consolidated city; establishment of board of
registration
Sec. 2.5. A board of registration is established in a county
containing a consolidated city.
As added by P.L.225-2011, SEC.9.
IC 3-7-12-3
Repealed
(Repealed by P.L.225-2011, SEC.93.)
IC 3-7-12-4
Orders establishing or rescinding board of registration
Sec. 4. (a) This section does not apply to:
(1) a county in which a board of elections and registration is
established under IC 3-6-5.2 or IC 3-6-5.4; or
(2) a county containing a consolidated city.
(b) After June 30, 2011, the county executive may adopt an order
by the unanimous vote of the entire membership of the county
executive to:
(1) establish a board of registration; or
(2) rescind a previously adopted order establishing a board of
registration.
IC 3-7-12-5.5
Orders abolishing board of registration established by law;
effective date of order
Sec. 5.5. (a) Except as provided in subsection (b), this section
applies to a county in which a board of registration was established
by IC 3-7-12-3 (before its repeal).
(b) This section does not apply to any of the following:
(1) A county in which a board of elections and registration is
established under IC 3-6-5.2 or IC 3-6-5.4.
(2) A county containing a consolidated city.
(c) A county executive may adopt an order by the unanimous vote
of the entire membership of the county executive to:
(1) abolish the board of registration; and
(2) designate the circuit court clerk as the voter registration
officer of the county to supervise the registration of voters of
the county.
(d) An order adopted under subsection (c) during the final sixty
(60) days before an election becomes effective on the day following
the election.
As added by P.L.225-2011, SEC.12.
IC 3-7-12-6
Seal
Sec. 6. Each board of registration shall have a seal. The board
shall record a description of the seal with the county election board.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-7
Duties of board of registration
Sec. 7. A board of registration established under this chapter shall
supervise the registration of voters of the county.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-8
Members
Sec. 8. A board of registration consists of two (2) persons.
IC 3-7-12-9
Method of appointment
Sec. 9. The county chairmen of the major political parties of a
county that has a board of registration shall each appoint one (1)
member of the board. The two (2) appointed persons must be voters
of the county.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-10
Length of term
Sec. 10. A person appointed a member of a board of registration
serves a term of two (2) years beginning January 1 of each
odd-numbered year and until the person's successor is appointed and
qualifies.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-11
Member serves at pleasure of county chairman
Sec. 11. Notwithstanding section 10 of this chapter, a member of
a board of registration serves at the pleasure of the county chairman
whose political party initially appointed the person.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-12
Term of incumbent registration officers
Sec. 12. In a county that establishes a board of registration under
this chapter, the incumbent registration officers serve until the
members of the board of registration are appointed and qualified.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-13
Oath of members
Sec. 13. Before discharging any duties under this article, a
member of the board of registration must take an oath that the
member will faithfully and honestly discharge the member's duty.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-14
Filling of vacancies
Sec. 14. A vacancy on the board shall be filled in the same manner
as the initial appointment was made.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-15
Salary of board member
Sec. 15. The salary of a board of registration member shall be
fixed in the manner prescribed by IC 36-2-5 or IC 36-3-6 and paid
out of the county general fund under IC 3-5-3-1 as other election
expenses are paid.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-16
Payment of salary upon proper certification
Sec. 16. The payment of a salary under this chapter shall be made
upon proper certification by the board of registration.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-17
Appointment of chief clerk
Sec. 17. In a county having a population of at least four hundred
thousand (400,000), the board of registration shall appoint two (2)
chief clerks who are members of different political parties.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-18
Salary of chief clerk
Sec. 18. The salary of a chief clerk appointed under section 17 of
this chapter shall be:
(1) fixed in the manner prescribed by IC 36-2-5 or IC 36-3-6;
and
(2) paid as provided in IC 3-5-3-1.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-19
Employees of board of registration
Sec. 19. A board of registration may employ all necessary
assistants. The number of employees shall be divided equally
between the major political parties of the county.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-20
Written recommendations for employees required
Sec. 20. An employee may not be appointed until the board of
registration receives the written recommendation of the county
chairman of the appropriate major political party of the county.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-21
Salary of employees
Sec. 21. The salary of an employee shall be:
(1) fixed in the manner prescribed by IC 36-2-5 or IC 36-3-6;
and
(2) paid as provided in IC 3-5-3-1.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-22
Circuit court clerk as voter registration officer; per diem
compensation
Sec. 22. In a county where the circuit court clerk serves as voter
registration officer, the clerk is entitled to per diem compensation.
The per diem shall be paid out of the general fund of the county in
the same manner as election expenses are paid.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-23
Substation registration boards
Sec. 23. (a) A circuit court clerk or board of registration may
establish substation registration boards as necessary to ensure
adequate opportunity for persons to register to vote.
(b) The registration officers comprising a substation board must
be equally divided between the two (2) major political parties of the
county.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-24
Listing in local telephone directory
Sec. 24. The circuit court clerk or board of registration shall
arrange for a separate listing in each local telephone directory, under
the heading of county offices. The listing must be styled "Voter
Registration" and include the appropriate addresses and telephone
numbers of voter registration offices.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-25
Dispute resolution and interpretation of law by county election
board
Sec. 25. If a board of registration is unable to resolve a dispute
among its members, or with the circuit court clerk, and requires an
interpretation or clarification of the law, the board shall refer the
matter to the county election board for determination.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-26
Funds for voter list maintenance activity and mailing of notices
Sec. 26. Each county fiscal body shall appropriate an adequate
amount of funds for the circuit court clerk or board of registration to
conduct:
(1) the voter list maintenance activity under this article; and
(2) the mailing of notices required under the voter list
maintenance program.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-27
Cancellation of registration as provided by voter list maintenance
program; form and content of affidavit
Sec. 27. (a) The circuit court clerk or board of registration
members shall, following the cancellation of voter registrations as
provided by the voter list maintenance program under this article, file
an affidavit under affirmation with the election division.
(b) The affidavit must be on a form prescribed by the commission
and must state that the clerk or board has:
(1) conducted the voter list maintenance program under this
article; and
(2) canceled the registrations required under the voter list
maintenance program.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.10;
P.L.14-2004, SEC.17.
IC 3-7-12-28
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-7-12-28.1
Report to be filed with election division; contents
Sec. 28.1. (a) In addition to the reports required for the statewide
voter file, the county voter registration office shall file a report with
the election division not later than noon January 31 of each year.
(b) The report must include the following:
(1) Any revisions to the county NVRA implementation plan
adopted during the preceding year.
(2) Other data prescribed by the division.
As added by P.L.209-2003, SEC.23. Amended by P.L.164-2006,
SEC.6.
IC 3-7-12-29
Applicability of procedures
Sec. 29. The procedures described in sections 31 through 40 of
this chapter apply to all elections.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-30
Written notice of violation; copies
Sec. 30. (a) This section applies when a person aggrieved by a
violation of:
(1) NVRA; or
(2) this article;
files a written notice of the violation with the circuit court clerk of
the county where the violation occurred.
(b) The clerk shall promptly provide a copy of the notice by first
class mail to:
(1) the person alleged to have committed the violation;
(2) the members of the county election board; and
(3) the NVRA official.
As added by P.L.12-1995, SEC.21. Amended by P.L.8-1995, SEC.32.
IC 3-7-12-31
Determination of violation
Sec. 31. The circuit court clerk shall determine whether a notice
filed under section 30 of this chapter describes a violation of NVRA
or this article if the facts set forth in the notice are assumed to be
true. The clerk may consult with the NVRA official in making a
determination under this section.
As added by P.L.12-1995, SEC.21. Amended by P.L.8-1995, SEC.33.
IC 3-7-12-32
Determination that no violation exists; persons to be notified
Sec. 32. If the circuit court clerk determines that the notice does
not allege a violation of NVRA or this article, even if the facts set
forth in the notice are assumed to be true, the clerk shall provide a
copy of the determination by certified mail to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation;
(3) the members of the county election board; and
(4) the NVRA official.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.12.
IC 3-7-12-33
Investigation of violation by circuit court clerk
Sec. 33. If the circuit court clerk determines that the notice alleges
a violation of NVRA or this article if the facts set forth in the notice
are assumed to be true, the clerk shall conduct an investigation under
IC 3-6-5.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-34
Report of investigation; copies
Sec. 34. Upon completing the investigation, the circuit court clerk
shall issue a written report. The clerk shall provide a copy of the
report by certified mail to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation;
(3) the members of the county election board; and
(4) the NVRA official.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.13.
IC 3-7-12-35
Contents of report
Sec. 35. The report described in section 34 of this chapter must:
(1) indicate the date when the notice alleging the violation was
received by the circuit court clerk;
(2) contain findings of fact regarding the alleged violation of
NVRA or this article and state whether a violation of NVRA or
this article appears to have occurred;
(3) state what steps, if any, the person alleged to have
committed the violation has taken to correct a violation or to
prevent a reoccurrence of a violation;
(4) suggest any additional measures that could be taken to
correct a violation;
IC 3-7-12-36
Request for hearing
Sec. 36. (a) A member of the county election board may request
that the board conduct a hearing on the circuit court clerk's report
concerning an alleged violation of NVRA or this article.
(b) The member must file a written request for a hearing under
subsection (a) with the clerk not later than noon, seven (7) days after
the clerk's report was mailed under section 34 of this chapter.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-37
Hearing within 30 days
Sec. 37. The chairman of the county election board shall convene
the hearing as promptly as possible, but not later than thirty (30) days
after the member files the request for a hearing under section 36 of
this chapter.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-38
Duties of county election board after hearing
Sec. 38. After concluding the hearing, the county election board
shall:
(1) affirm the report;
(2) amend the report;
(3) refer the matter to the circuit court clerk for further
investigation and submission of a subsequent report to the
board; or
(4) refer the matter to the NVRA official.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.14;
P.L.209-2003, SEC.24.
IC 3-7-12-39
Written summary forwarded
Sec. 39. The county election board shall forward a written
summary of any action under section 38 of this chapter by certified
mail to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation; and
(3) the NVRA official.
IC 3-7-12-41
Actions of employees or volunteers at county voter registration
offices
Sec. 41. As provided in 42 U.S.C. 1973gg-5(a)(5), an employee
or volunteer of a county voter registration office may not do any of
the following:
(1) Seek to influence an applicant's political preference or party
registration.
(2) Display any political preference or party allegiance,
including pictures, photographs, or other likenesses of any
currently elected federal, state, county, or local official.
(3) Make any statement to an applicant or take any action the
purpose or effect of which is to discourage the applicant from
registering to vote.
(4) Make any statement to an applicant or take any action the
purpose or effect of which is to lead the applicant to believe that
a decision whether or not to register has any bearing on the
availability of services or benefits.
As added by P.L.176-1999, SEC.20.