|
|
|
IC 3-7-18-1
Purpose of chapter
Sec. 1. This chapter prescribes voter registration procedures in
additional federal, state, and local government and nongovernmental
offices as provided in 42 U.S.C. 1973gg-5(a)(3).
As added by P.L.12-1995, SEC.27.
IC 3-7-18-2
Duties of additional agencies in distributing voter registration
forms
Sec. 2. As provided in 42 U.S.C. 1973gg-5(a)(4)(A)(i) and 42
U.S.C. 1973gg-5(a)(6)(A), an agency designated under IC 3-7-19
(board of registration offices), IC 3-7-20.5 (unemployment
compensation offices), and IC 3-7-21 (additional designated voter
registration offices) shall distribute a voter registration form
prescribed under this chapter to each person applying for assistance
from the agency whenever the applicant:
(1) applies for service or assistance;
(2) applies for recertification or renewal of services or
assistance; or
(3) submits a change of address form relating to the service or
assistance;
unless the applicant declines in writing to register to vote.
As added by P.L.12-1995, SEC.27. Amended by P.L.3-1995, SEC.26;
P.L.81-2005, SEC.2.
IC 3-7-18-3
Design of registration form
Sec. 3. The commission shall prescribe the design of the
registration form to be used under this chapter.
As added by P.L.12-1995, SEC.27. Amended by P.L.3-1997, SEC.62.
IC 3-7-18-4
Requirements for registration form
Sec. 4. The registration form prescribed under section 3 of this
chapter must meet the following requirements:
(1) The form must be equivalent to the mail registration form
prescribed by the commission under IC 3-7-31 and in
compliance with 42 U.S.C. 1973gg-5(a)(6)(A)(ii).
(2) The form must include a statement that does the following:
(A) Sets forth each eligibility requirement for registration
(including citizenship).
(B) Contains an attestation that the applicant meets each of
the eligibility requirements.
(C) Requires the signature of the applicant, under penalty of
perjury, and the date the form was signed.
IC 3-7-18-5
Contents of declination form
Sec. 5. If the form used by an applicant to decline to register to
vote is on a separate form from the voter registration application, the
declination form must contain the following:
(1) A statement reading "If you decline to register to vote, this
is confidential, and can only be used for voter registration
purposes.".
(2) A statement reading "If you decide to register to vote,
information about the office at which you register is
confidential, and can only be used for voter registration
purposes.".
(3) A line for the signature of the person who declines to
register to vote.
(4) A line for the date that the person declined to register to
vote.
As added by P.L.12-1995, SEC.27.
IC 3-7-18-6
Declination to register
Sec. 6. An applicant who fails to check either box described in
section 4(3) of this chapter or to sign a separate declination form
under section 5 of this chapter shall be considered to have declined
to register.
As added by P.L.12-1995, SEC.27.
IC 3-7-18-7
Procedures for registration
Sec. 7. To register under this chapter, an individual must do the
following while on the premises of the office:
(1) Complete the voter registration application prescribed under
section 3 of this chapter.
(2) Present the application to an employee of the office.
As added by P.L.12-1995, SEC.27.
IC 3-7-18-8
Duties of employees in providing application
Sec. 8. An employee of the office who provides an individual with
an application for assistance or services under this chapter shall do
the following:
(1) Inform each individual who applies for assistance or
services that the information the individual provides on the
individual's voter registration application will be used to
register the individual to vote unless:
(A) the individual is not eligible to vote;
(B) the individual declines to register to vote or fails to
complete the voter registration part of the application; or
(C) answers "no" to either question described by
IC 3-7-22-5(3) or IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register or
transfer registration with assistance in filling out the voter
registration application unless the individual refuses assistance,
as provided in 42 U.S.C. 1973gg-5(a)(4)(A)(ii).
(3) Check the completed voter registration form for legibility
and completeness.
(4) Deliver the completed registration form to the office
administrator (or the employee designated by the administrator
to be responsible for voter registration services) for transmittal
to the appropriate county voter registration office.
(5) Inform the individual that the individual will receive a
mailing from the county voter registration office of the county
where the individual resides concerning the disposition of the
voter registration application.
As added by P.L.12-1995, SEC.27. Amended by P.L.2-1998, SEC.4;
P.L.9-2004, SEC.8.
IC 3-7-18-9
Duties of employees if applicant registering to vote after
twenty-ninth day before primary, general, municipal, or special
election
Sec. 9. If an individual is registering to vote after the twenty-ninth
day before the date that a primary, general, municipal, or special
election is scheduled in the precinct where the voter resides, the
employee or volunteer of the office who provides an individual with
an application for assistance or services under this chapter shall do
the following:
(1) Inform the individual that office registration will not permit
the individual to vote in the next election.
(2) Inform the individual of other procedures the individual may
follow to vote in the next election.
As added by P.L.12-1995, SEC.27.
IC 3-7-18-10
Prohibited acts
Sec. 10. As provided in 42 U.S.C. 1973gg-5(a)(5), an employee
or a volunteer of the office shall 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 any 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
whose purpose or effect 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.12-1995, SEC.27.
IC 3-7-18-11
Assistance in completing registration form required
Sec. 11. As provided in 42 U.S.C. 1973gg-5(a)(4)(A)(ii) and 42
U.S.C. 1973gg-5(a)(6)(C), an office designated under this chapter
must offer the same degree of assistance in helping an applicant
complete a voter registration form as the applicant receives from the
agency in completing forms for assistance or services, unless the
individual refuses assistance in completing the voter registration
form.
As added by P.L.12-1995, SEC.27.
IC 3-7-18-12
Written acknowledgment of application; format
Sec. 12. Whenever an applicant completes a voter registration
application under this chapter, the office shall provide the applicant
with a written acknowledgment that the applicant has completed a
voter registration application at the office. The acknowledgment:
(1) may be a detachable part of the registration form prescribed
under section 3 of this chapter; and
(2) must set forth the name and residential address of the
applicant and the date that the application was completed.
IC 3-7-18-14
Confidentiality of information
Sec. 14. Voter registration information received or maintained by
an office under this chapter is confidential and may be used only for
voter registration purposes as provided in this article and 42 U.S.C.
1973gg-5(a)(7).
As added by P.L.12-1995, SEC.27.
IC 3-7-18-15
Duty of office to forward registration application
Sec. 15. Unless the applicant refuses to permit the office to
transmit the form to the circuit court clerk or board of registration of
the county where the applicant resides, the office shall forward the
voter registration application or declination to the clerk or board as
provided in 42 U.S.C. 1973gg-5(a)(4)(A)(iii).
As added by P.L.12-1995, SEC.27. Amended by P.L.2-1997, SEC.6.
IC 3-7-18-16
Updating voter registration record
Sec. 16. A signed application under this chapter authorizes a
circuit court clerk or board of registration to update the voter
registration record of the applicant.
As added by P.L.12-1995, SEC.27.
IC 3-7-18-17
Notification to applicant of disposition
Sec. 17. The circuit court clerk or board of registration shall, upon
receiving a completed application under section 15 of this chapter,
notify the applicant of the disposition of the application in the
manner prescribed under IC 3-7-33, and as required under 42 U.S.C.
1973gg-6(a)(2).
As added by P.L.12-1995, SEC.27.
IC 3-7-18-18
Designated individual
Sec. 18. The governing body of an agency designated under this
chapter shall designate an individual to be responsible for performing
the voter registration duties of the agency in each office of the
agency where services are provided.
As added by P.L.12-1995, SEC.27.
IC 3-7-18-20
Repealed
(Repealed by P.L.3-1995, SEC.155.)
IC 3-7-18-21
Methods of transmittal
Sec. 21. A designated individual may use any of the following
methods to transmit voter registration applications or declinations
under section 19 of this chapter:
(1) Hand delivery to the circuit court clerk or board of
registration.
(2) Certified mail, return receipt requested.
(3) Electronic transfer, after approval by the commission.
As added by P.L.12-1995, SEC.27. Amended by P.L.3-1997, SEC.64;
P.L.42-2011, SEC.1.
IC 3-7-18-22
Guidelines for hand delivery
Sec. 22. If a designated individual transmits registration
applications or declinations by hand delivery under section 21(1) of
this chapter, the circuit court clerk or board of registration shall
provide the individual with a receipt for the forms. The receipt must
state the date and time of delivery, and the printed name and
signature of the person who received the forms.
As added by P.L.12-1995, SEC.27.
IC 3-7-18-24
Notice; elections
Sec. 24. The NVRA official shall notify the governing body of the
agency of the following:
(1) The scheduled date of each primary, general, municipal, and
special election.
(2) The jurisdiction in which the election will be held.
As added by P.L.12-1995, SEC.27. Amended by P.L.2-1996, SEC.34.
IC 3-7-18-25
Agency addresses and telephone numbers to be provided
Sec. 25. The governing body of an agency designated under this
chapter shall provide the NVRA official with a list stating the
following:
(1) The address and telephone number of each agency office
where voter registration services will be provided under this
article.
(2) The name of each individual designated by the governing
body to be responsible for performing voter registration duties
under this chapter.
As added by P.L.12-1995, SEC.27. Amended by P.L.2-1996, SEC.35.