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Information for Election Workers


1995 Indiana Election Legislation Summary
Prepared by J. Bradley King, General Counsel, Indiana State Election Board



This document summarizes the election-related legislation that passed the Indiana General Assembly and became law in 1995.

Thirteen bills amended the election code (IC 3): HEA 1001 (Public Law 4-1995); HEA 1118 (Public Law 18-1995); HEA 1430 (Public Law 337-1995); HEA 1577 (Public Law 16-1995); HEA 1743 (Public Law 8-1995); HEA 1783 (Public Law 3-1995); HEA 1818 (Public Law 15-1995); SEA 10 (Public Law 12-1995); SEA 110 (Public Law 2-1995); SEA 277 (Public Law 19-1995); SEA 384 (Public Law 17-1995); SEA 502 (Public Law 13-1995); and SEA 616 (Public Law 14-1995).

Several other bills affecting election law amended or added statutes outside of the election code:

To obtain a copy of these bills, contact the Legislative Information Center, 230 State House, 200 West Washington Street, Indianapolis, Indiana 46204; (317) 232-9856.


ABSENTEE BALLOT VOTING

1. A person is eligible to vote by absentee ballot if the person is scheduled to work at the person's regular place of employment for the entire twelve hours that the polls are open.
(IC 3-11-4-1, as amended by HEA 1783, SECTION 98. Effective May 10, 1995.)

2. A county election board may, by unanimous vote, permit a person to vote by absentee ballot if
the person was hospitalized or suffered an injury after the deadline to apply for an absentee ballot and cannot vote in person at the polls.
(IC 3-11-4-1, as amended by HEA 1783, SECTION 98. ffective May 10, 1995.)

3. The state election board may, by unanimous vote, permit a person to vote by absentee ballot if the board determines that an emergency prevents the person from voting in person at a polling place.
After determining that the emergency exists, the board may personally deliver (or transmit by mail) official absentee ballots to the person. The absentee ballots must be initialled and provided with secrecy envelopes in the same manner as other absentee ballots.
(IC 3-11-4-1, as amended by HEA 1783, SECTION 98. Effective May 10, 1995.)

4. A county election board (or a town election board) may adopt a resolution by unanimous vote to reduce the hours absentee voting is available in the election board office during municipal election years or during a special election. The election board must adopt written findings concerning the number of absentee ballots expected to be cast and the inconvenience (if any) anticipated for voters if the reduced hours for absentee voting are adopted.
(IC 3-11-10-26.5, as added by HEA 1783, SECTION 108. Effective May 10, 1995.)

5. In all election years, an absentee voter board in a county with a population of less than 20,000 may, with the approval of the county election board, may reduce the required hours that absentee balloting must be offered for voters on the two Saturdays before the election to a minimum of four hours on each of the two Saturdays.
(IC 3-11-10-26, as amended by HEA 1783, SECTION 107. Effective May 10, 1995.)

6. The maximum per diem compensation of the absentee voter board members is set by the board of county commissioners or Mayor of Indianapolis (rather than fixed by state law).
(IC 3-11-10-38 and IC 3-11-10-39, as amended by HEA 1783, SECTIONS 112-113. Effective May 10, 1995.)

7. A mailed absentee ballot must be mailed to the voter at the address on the absentee ballot application. Former law did not specifically require that the ballot be addressed to the voter.
(IC 3-11-4-18, as amended by HEA 1783, SECTION 98. Effective May 10, 1995.)

8. A person who has returned an absentee ballot may not cast a ballot in person at the polling place on election day after the person's name has been marked on the poll list as voting absentee. (Under former law, this person could vote in person at the polls unless the person's absentee ballot had been processed and deposited in the ballot box.) Except for a voter who appears in person at the polls on election day before the poll list is marked (or a voter who is entitled to recast an absentee ballot due to the replacement of a candidate) a person who has returned an absentee ballot is not permitted to recast a ballot.
(IC 3-11-10-1.5, IC 3-11-10-24, IC 3-11-10-32, and IC 3-11-10-33, as amended by HEA 1783, SECTIONS 105-106 and 110-111. Effective May 10, 1995.)

9. The central count of absentee ballot project does not expire on December 1, 1995, and therefore remains the law in the counties participating in the project. The state election board may designate alternate counties to participate in the project. A county is withdrawn from the project when the circuit court clerk or a major party county chairman files a statement of withdrawal with the state election board. A county can be removed from the project upon the unanimous vote of the state election board.
(IC 3-11.5-1-1, as repealed by HEA 1743, SECTION 70. Effective May 2, 1995. IC 3-11.5-1-1.1, as added by HEA 1783, SECTION 53. Effective May 2, 1995. IC 3-11.5-1-2.1, as added by HEA 1783, SECTION 115. Effective retroactive to July 1, 1993. IC 3-11.5-7-4, as repealed by HEA 1783, SECTION 155. Effective May 10, 1995.)

10. The same statutes governing political party watchers, casting absentee ballots for replacement candidates, and absentee voter board members apply to both counties participating in the central count of absentee ballot project and to other counties.
(IC 3-11.5-3-2 and IC 3-11.5-4-23, as amended by HEA 1783, SECTIONS 115 and 117. Effective retroactive to July 1, 1993. IC 3-11-4.5-2, as amended by HEA 1783, SECTION 116. Effective May 10, 1995.)

11. A precinct election board may count absentee ballots before the polls close. If these ballots are counted before the polls close, a precinct election board member may not provide any person other than another precinct board member with election results from the absentee ballots. A person who violates this law commits a Class D felony.
(IC 3-12-2-1, IC 3-12-2-5, IC 3-12-2.5-1.5, IC 3-12-2.5-9, IC 3-12-2.5-1.2, IC 3-12-3-1.2, IC 3-12-3-14, IC 3-12-3.5-1.5, IC 3-12-3.5-1.7, as added or amended by HEA 1783, SECTIONS 119-126. IC 3-14-4-10, as amended by HEA 1783, SECTION 136. Effective May 10, 1995.)

BALLOTS, FORMS, SUPPLIES, AND RETENTION

1. The former law concerning the retention of county voter registration records has been recodified. A county with a computerized voter registration system that accurately reflects the information on the original registration affidavit and that can generate lists of voters both alphabetically and by precinct, is not required to prepare a duplicate paper registration record when the original application is entered into the computer. Likewise, if the county maintains a regularly updated copy of the computerized record at a secure location outside of the county voter registration office that contains the information on the original registration record, the county may destroy the duplicate paper copies of registrations made before January 1, 1995 without following the usual procedures for disposal under the public records law.
(IC 3-7-27, as added by SEA 10, SECTION 27. IC 3-7-27-13, IC 3-7-27-14, and IC 3-7-27-15, as amended by HEA 1783, SECTIONS 35-37; IC 3-7-27-20 and IC 3-7-27-21, as added by HEA 1783, SECTIONS 38-39. Effective retroactive to January 1, 1995.)

2. A county with a computerized voter registration system that accurately reflects the information on the original registration affidavit and that can generate lists of voters both alphabetically and by precinct, may store the original affidavits of registration outside of the county voter registration office if: (1) the county maintains a regularly updated copy of the computerized record; and (2) the original affidavits are not storedin the same location as the updated copy of the computerized record.
(IC 3-7-27-22, as added by HEA 1783, SECTION 40. Effective retroactive to January 1, 1995.)

3. A county with a computerized voter registration system that accurately reflects the information on the original registration affidavit and that can generate lists of voters both alphabetically and by precinct, is not required to send duplicate copies of the voter registration affidavits to precincts.
(IC 3-7-29-3, as added by HEA 1783, SECTION 41. Effective retroactive to January 1, 1995.)

4. A county voter registration office must retain records concerning the implementation of NVRA and
voter list maintenance programs (including declinations of registration) for at least two years.
(IC 3-7-27-6, as added by SEA 10, SECTION 37. Effective retroactive to January 1, 1995.)

5. The county voter registration office may unseal the envelopes containing poll lists to conduct a voter list maintenance program after the election at which the envelopes were sealed.
(IC 3-10-1-31, as amended by SEA 10, SECTION 64. Effective retroactive to January 1, 1995.)

6. Some of the former law concerning the content of voter registration forms has been recodified. Much of the content and format of the new voter registration applications to be used in "full service voter registration agencies", and the mail-in voter registration application is prescribed by state law. The content and format of certain notices that voter registration services are available are also prescribed by state law.
(IC 3-7-14-7, IC 3-7-15-5, IC 3-7-16-12, IC 3-7-18-4, IC 3-7-22-5, IC 3-7-23-2, IC 3-7-24-17, IC 3-7-31, IC 9-16-7, and IC 9-24-9-1, as added by SEA 10, SECTIONS 23-25, 27, 32-34, 41, 114, and 116. Effective retroactive to January 1, 1995.)

7. On a voter registration application, a voter must indicate the address where the voter was formerly registered (instead of the voter's two most recent registration addresses under former law).
(IC 3-7-39-6, as amended by HEA 1783, SECTION 44. Effective retroactive to January 1, 1995.)

8. A voter whose name has been changed for any reason (rather than only through court proceedings in specific cases under former law) may vote after filing a verified statement of the name change with the county voter registration office. The existing laws concerning name change procedures have been recodified.
(IC 3-7-3-25, as repealed by SEA 10, SECTION 138. IC 3-7-41, as added by SEA 10, SECTION 51. IC 3-7-41-1, as amended by HEA 1783, SECTION 45. Effective retroactive to January 1, 1995.)

9. An absentee ballot application must include the affidavit permitting a person who has moved within the same congressional district and the same county to vote at the precinct where the voter formerly resided and to request a transfer of registration.
(IC 3-11-4-5.1, as amended by SEA 10, SECTION 77. Effective retroactive to January 1, 1995.)

10. The state election board and county election boards must retain campaign finance reports for four years from the December 1 following the election for which the reports were filed (instead of three years under former law.)
(IC 3-9-4-6, as amended by HEA 1783, SECTION 72. Effective May 10, 1995.)

11. A petition of nomination for an independent or minor party candidate is no longer required to
state whether the candidate has filed campaign finance reports for any previous candidacies or whether the candidate meets eligibility requirements concerning residency and restrictions on service in office due to criminal convictions. (These statements are transferred to the candidate's consent form.)
(IC 3-8-6-5 and IC 3-8-6-12, as amended by HEA 1783, SECTIONS 59-60. Effective May 10, 1995.)

12. A candidate must state on the declaration of candidacy form, the declaration of intent to be a write-in candidate, or the candidate's consent to be nominated by petition, that the candidate is aware that the candidate may be required to file a campaign finance statement of organization no later than noon 7 days after the deadline for filing the declaration or petition. The certificate of nomination for the candidates selected by a state convention must state whether each candidate has filed a campaign finance statement of organization.
(IC 3-8-2-2.5 and IC 3-8-2-7, as amended by HEA 1783, SECTIONS 50 and 52; IC 3-8-7-8, as amended by HEA 1783, SECTION 61. Effective July 1, 1995. IC 3-8-6-12, as amended by HEA 1783, SECTION 60. Effective May 10, 1995.)

13. A paper ballot for a statewide public question must be on pink paper. A paper ballot for U.S.
Representative or for a school board office must be on white paper. A paper ballot for a local public question must be on green paper.
(IC 3-11-2-4, as amended by HEA 1783, SECTION 94. Effective May 10, 1995.)

14. A county election board is not required to rotate the names of primary candidates on paper ballots. A county election board may rotate these names, and the Lake County Combined Election Board conducts a candidate lottery for name placement in the primary.
(IC 3-10-1-20, as repealed by HEA 1783, SECTION 156. Effective May 10, 1995.)

15. A primary election ballot is not required to contain statements concerning write-in voting or independent candidates or tickets except when an office for which write-in or independent candidates are permitted is elected at the same time as the primary election.
(IC 3-10-1-19.7, as amended by HEA 1783, SECTION 84. Effective May 10, 1995.)

16. The text of the presidential ballot language is slightly altered to refer to votes cast for presidential candidates being considered votes cast for presidential electors.
(IC 3-10-4-3, as amended by HEA 1783, SECTION 86. Effective July 1, 1995.)

17. The election code and other related provisions no longer set forth the text of most election forms, although state law continues to prescribe the type of information that must be included on some of these forms. Outdated forms may be used until August 31, 1995.
(IC 3-6-6-23 and IC 3-6-6-24, IC 3-8-2-2.5 and IC 3-8-2-7, IC 3-8-5-10.5, IC 3-8-5-14, IC 3-10-1-29, IC 3-10-4-3, IC 3-11-3-8, IC 3-11-3-18, IC 3-11-3-20, IC 3-11-4-21, IC 3-11-8-21, IC 3-11-8-23, IC 3-11-10-29, as amended by HEA 1783, SECTIONS 15-16, 50-52, 56-57, 85-86, 95-97, 103-104, 109, and 159. Effective July 1, 1995. IC 5-4-1-1.1, as amended by HEA 1783, SECTION 140. Effective May 10, 1995.)

CAMPAIGN FINANCE

1. The State Election Board (or a county election board) may fine a person or committee who:
(1) fails to file a campaign finance report or files a defective report (instead of only when the person or committee failed to file the "annual" report under former law; (2) fails to file a statement of organization; (3) disburses committee funds without processing the funds through the committee treasurer; (4) makes an unauthorized contribution; (5) if a corporation or labor organization, exceeds the contribution limits; (6) makes a contribution in the name of another person; (7) accepts a contribution made in the name of another person; (8) pays expenses instead of the committee's treasurer; (9) commingles committee funds with personal funds; or (10) uses committee funds for personal purposes. (Under former law, these offenses were either Class B misdemeanors or Class A infractions.) A person subject to a fine concerning failure to file a proper campaign finance report or statement of organization is also liable for investigative costs incurred and documented by the election board. A corporation or labor organization that exceeds contribution limits is subject to a fine of up to three times the amount of the excess contribution. A person or committee who violates any of the other campaign finance requirements in this paragraph is liable to a maximum fine of $1,000 plus investigative costs.
(IC 3-9-4-16, IC 3-9-4-17, and IC 3-9-4-18, as amended by HEA 1783, SECTIONS 74-76. IC 3-13-5-4 and IC 3-14-5-6, as amended by HEA 1783, SECTIONS 137 and 138. IC 3-14-1-8, IC 3-14-1-9, and IC 3-14-1-12, as repealed by HEA 1783, SECTION 157. Effective July 1, 1995.)

2. The State Election Board (or a county election board) must identify candidates or committees who have failed to file a statement of organization (or who have filed defective statements) and notify the candidate or committee to file the statement of organization or correct the defect no later than five calendar days after receipt of the notice. (Former law only required this notification for campaign finance reports.)
(IC 3-9-4-14, as amended by HEA 1783, SECTION 73. Effective May 10, 1995.)

3. Money received as a contribution by any type of committee (rather than just a candidate's committee under former law) may not be used for personal purposes.
(IC 3-9-3-4, as amended by HEA 1783, SECTION 70. Effective retroactive to January 1, 1995.)

4. A committee may invest contributions in an account with a financial institution, savings and loan association, or credit union, or in an equity account. The committee's report must state the value of the committee's investments. Investment losses must be reported as expenditures and investment gains as income. Obsolete language concerning committee "obligations" is deleted from the reporting statute.
(IC 3-9-3-4, as amended by HEA 1783, SECTION 70. Effective retroactive to January 1, 1995. IC 3-9-4-18, as amended by HEA 1783, SECTION 79. Effective May 10, 1995.)

5. A prosecuting attorney may prosecute a person who violates the law against commingling personal and campaign funds. Witnesses testifying in these prosecutions have limited immunity.
(IC 3-14-5-4 and IC 3-14-5-6, as amended by HEA 1783, SECTIONS 137-138. Effective retroactive to January 1, 1995.)

6. A school board candidate is not required to file a statement of organization with a county election board unless the candidate receives more than $500 in contributions or the candidate spends more than $500 as a school board candidate. When a school board candidate exceeds either the contribution limit or the expenditure limit, the candidate must file the same campaign finance statement of organization (and same campaign finance reports) as candidates for other offices no later than noon ten days after exceeding these limits. School board candidates who are subject to campaign finance reporting requirements cannot commingle campaign funds and personal funds.
(IC 3-8-2-2.2, IC 3-9-1-1, IC 3-9-2-1, IC 3-9-4-1, and IC 3-9-5-1, as amended by HEA 1783, SECTIONS 49, 63, 66, 71, and 77. Effective May 10, 1995. IC 3-9-6 and IC 3-14-1-15, as repealed by HEA 1783, SECTION 157. Effective July 1, 1995.)

7. The "annual" campaign finance report is due by noon of the third Wednesday in January (rather than on January 15 under former law).
(IC 3-9-5-10, as amended by HEA 1783, SECTION 78. Effective July 1, 1995.)

8. If a candidate has not already been required to do so under the campaign finance law, a candidate
must file a campaign finance statement of organization no later than noon 7 days after the final date and hour for filing the candidate's declaration of candidacy, the declaration of intent to be a write-in candidate, the candidate's certificate or petition of nomination, or the candidate's certificate of selection to fill a ballot vacancy.
(IC 3-9-1-5, as amended by HEA 1783, SECTION 64. Effective July 1, 1995.)

9. The state election board or a county election board shall determine no later than noon 14 days after the filing deadline for a declaration of candidacy (or an equivalent document) whether a candidate had complied with the requirement to file a campaign finance statement of organization.
(IC 3-8-1-1.6, as amended by HEA 1783, SECTION 46. Effective July 1, 1995.)

10. The former law permitting the governor to refuse to commission to a candidate elected to certain offices who has not filed a campaign finance report was repealed. (Most candidates who fail to file these reports are unsuccessful candidates for the offices.)
(IC 3-9-5-19, as repealed by HEA 1783, SECTION 157. Effective May 10, 1995.)

11. An individual who makes an "independent expenditure" is required to file a campaign finance report with either the state election board or the appropriate county election board (instead of always with the state election board under former law.)
(IC 3-9-7-2, as amended by HEA 1783, SECTION 80. Effective retroactive to July 1, 1993.)

12. A firm or a partnership (as well as an individual under former law) is not required to file an independent expenditure campaign finance report if the firm or partnership makes a contribution to a candidate or committee but does not make an expenditure.
(IC 3-9-7-3, as amended by HEA 1783, SECTION 81. Effective retroactive to July 1, 1993.)

13. The law requiring supplemental campaign finance reports from certain candidate polling place watchers was repealed. (Under current law, the information concerning these contributions and expenditures is included on other campaign finance reports.)
(IC 3-6-9-9, as repealed by HEA 1783, SECTION 157. Effective May 10, 1995.)

14. A special statute concerning public inspection of campaign finance reports was repealed. (Under current law, these reports are subject to inspection under the general Public Records Law [IC 5-14-3]).
(IC 3-9-4-12, as repealed by HEA 1783, SECTION 157. Effective May 10, 1995.)

15. The state lottery commission or its director may not enter into certain contracts with a vendor if the vendor made a contribution to a candidate for state office during the three years preceding the award of the contract. (Former law referred to "statewide elected offices." The Federal Election Commission ruled that the Indiana law could not apply to candidates for United States Senator due to preemption by federal law.)
(IC 4-30-3-19, as amended by HEA 1783, SECTION 139. Effective May 10, 1995.)

16. A corporation or labor organization that makes an expenditure to support or oppose a public question is required to file a campaign finance report with the state election board or the appropriate county election board. A corporation or labor organization is not required to file a report concerning the corporation or labor organization's contribution to a political committee or its expenditure to support or oppose a candidate.
(IC 3-9-7-2, as amended by HEA 1783, SECTION 80. Effective retroactive to July 1, 1993.)

17. The treasurer of a committee can be appointed to serve indefinitely. Former law required that the treasurer's term be limited to the time set forth on the statement of organization.
(IC 3-9-1-14, as amended by HEA 1783, SECTION 65. Effective May 10, 1995.)

18. A candidate may establish an exploratory committee if the candidate has not decided to become a candidate for a specific office.
(IC 3-5-2-7, as amended by HEA 1783, SECTION 4. Effective retroactive to January 1, 1995.)

19. A "political action committee" includes a congressional caucus committee of a national political party, a state legislative caucus committee of a state political party, and any other political committee that is not a "regular party committee", a "candidate's committee," or an "auxiliary party organization." A corporation or labor organization that makes an authorized contribution or expenditure is not considered a political action committee.
(IC 3-5-2-37, as amended by HEA 1783, SECTION 5. Effective retroactive to January 1, 1995.)

20. A corporation or labor organization may make a donation to cover any amount of the administrative costs of a political action committee established and controlled by the corporation or labor organization. This donation is not considered a contribution or an expenditure by the corporation.
(IC 3-9-2-5, as amended by HEA 1783, SECTION 67 and by HEA 1743, SECTION 36. Both effective May 10, 1995.)

21. A "regular party committee" is either a central committee or a national committee of a political party. Any other party organization is classified as either a political action committee or an auxiliary party organization.
(IC 3-5-2-42, as amended by HEA 1783, SECTION 6. Effective retroactive to January 1, 1995.)

22. An "auxiliary party organization" is not required to file campaign finance reports unless the organization has an annual budget of at least $5,000 during one of the last two years (instead of at least $3,000 under former law) OR makes contributions to a candidate or another committee of more than $500 (instead of $200 under former law).
(IC 3-5-2-2.5, as added by HEA 1783, SECTION 3. Effective retroactive to January 1, 1995; IC 3-9-1-1, IC 3-9-4-1, and IC 3-9-5-1, as amended by HEA 1783, SECTIONS 66, 71, and 77. Effective May 10, 1995. IC 3-9-7-1, as repealed by HEA 1783, SECTION 157. Effective July 1, 1995.)

23. An auxiliary party organization may not commingle campaign and personal funds. Literature from an auxiliary party organization that solicits contributions must include a disclaimer and, if applicable, the IRS statement on tax deductibility of contributions.
(IC 3-9-2-1 and IC 3-9-3-1, as amended by HEA 1783, SECTIONS 66 and 69. Effective May 10, 1995.)

24. A foreign national may not make a contribution connected with an election, convention, or caucus in Indiana.
(IC 3-9-2-11, as added by HEA 1783, SECTION 68. Effective May 10, 1995.)

25. A radio or television broadcast that contains the identifying information required under Federal Communications Commission rules is not required to contain "disclaimer" information under Indiana law.
(IC 3-14-1-14, as amended by HEA 1783, SECTION 134. Effective May 10, 1995.)

CANDIDATES

1. The name of a candidate for office must appear on the ballot in the same form that the candidate's name appears on the voter registration record (along with any permitted nickname that the candidate includes in a declaration of candidacy). A candidate who filed a declaration of candidacy with a name that differs from the candidate's voter registration has until noon, July 1, 1995 to amend the declaration of candidacy. (IC 3-8-2-2.5 and IC 3-8-2-7, as amended by HEA 1783, SECTIONS 50 and 52; IC 3-8-5-10.5, as amended by HEA 1783, SECTION 56. Effective July 1, 1995. IC 3-10-1-14, as amended by HEA 1783, SECTION 83. Effective retroactive to January 18, 1995. HEA 1783, SECTION 160. Effective May 10, 1995.)

2. The state election board or county election board (rather than the secretary of state or circuit court clerk under former law) shall check the voter registration records of a candidate upon the request of a county chairman or another candidate for the office to determine if the candidate is registered to vote in the election district the candidate seeks to represent. The state election board or county election board (rather than the secretary of state or circuit court clerk under former law) may deny a filing if a candidate does not meet the voter registration requirement.
(IC 3-8-1-2, as amended by HEA 1783, SECTION 47. Effective retroactive to January 1, 1995.)

3. The secretary of state or circuit court clerk may hand deliver to a candidate an acknowledgment that the candidate has filed with that officer (under former law, these acknowledgements were required to be mailed to the candidate).
(IC 3-8-2-12, as amended by HEA 1783, SECTION 53. Effective retroactive to January 18, 1995.)

4. Certain candidates for state legislative office (a write-in candidate, an independent or minor party candidate, or a major party candidate selected to fill a ballot vacancy) must file the economic disclosure forms required for all other legislative candidates. Write-in candidates for statewide office must file the statement of economic interest required of all other candidates for statewide office. Write-in candidates for prosecuting attorney or judge must file the statement of economic interest required of all other candidates for these offices.
(IC 2-2.1-3-2, as amended by HEA 1783, SECTION 2; IC 3-8-1-33, as amended by HEA 1783, SECTION 48. IC 33-2.1-8-7, as amended by HEA 1783, SECTION 149. Effective May 10, 1995.)

5. An employee of the Indiana supreme court, the Indiana court of appeals, the Indiana tax court, a circuit court, a superior court, a juvenile court, a probate court, a county court, a municipal court, a city or town court, or a small claims court may not, except when on duty or acting in an official capacity, be discouraged from engaging in political activity or be denied the right to choose to refrain from engaging in political activity.
(IC 33-1-17, as added by HEA 1118, SECTION 13. Effective May 10, 1995.)

6. A city employee (other than an elected or appointed public officer) may be a candidate for any elected office and serve in that office is elected or appointed, without having to resign as a city employee.
(IC 36-4-4-2, as amended by HEA 1144, SECTION 1. Effective July 1, 1995.)

7. A candidate for presidential elector is not required to file a declaration of candidacy before the primary election.
(IC 3-8-2-3, as amended by HEA 1783, SECTION 51. Effective May 10, 1995.)

8. If a petition is filed requesting that a candidate be placed on the presidential primary ballot during a redrawing of congressional district lines, the petition must include the required number of signatures of registered voters within the new congressional districts.
(IC 3-8-3-2, as amended by HEA 1783, SECTION 54. Effective July 1, 1995.)

9. A petition of nomination for an independent or minor party candidate is no longer required to state whether the candidate has filed campaign finance reports for any previous candidacies or whether the candidate meets eligibility requirements concerning residency and restrictions on service in office due to criminal convictions. (These statements are transferred to the candidate's consent form.)
(IC 3-8-6-5 and IC 3-8-6-12, as amended by HEA 1783, SECTIONS 59-60. Effective May 10, 1995.)

10. A question concerning the eligibility of a candidate chosen to fill a "late vacancy" on the ballot during the final thirty days before the election must be determined by the state election board (or a county election board) no later than noon 7 days before election day.
(IC 3-13-2-11, as amended by HEA 1783, SECTION 131. Effective May 10, 1995.)

CANVASSING AND RECOUNTS

1. The circuit court clerk must furnish the county chairman of each major political party with a certified statement of the county election results by noon Monday after the election (rather than within ten days after certification of the results.)
(IC 3-12-4-6, as amended by HEA 1783, SECTION 127. Effective May 10, 1995.)

2. The secretary of state (and certain members of the Indiana House of Representatives) must transmit the certified statement of a county's vote for Governor and Lieutenant Governor to the Speaker of the Indiana House not later than the date of the joint convention of the Indiana House and Indiana Senate to canvass the votes cast for Governor and Lieutenant Governor. (Under former law, these election results were required to be delivered before the "second day of the regular session" of the General Assembly.
(IC 3-12-5-5, as amended by HEA 1001, SECTION 13. Effective Feb. 8, 1995.)

3. A candidate may contest a nomination for a federal, state or state legislative office, or an election to a statewide office (other than governor and lieutenant governor) by alleging that a mistake or malfunction occurred in a voting machine or electronic voting system that makes it impossible to determine which candidate received the highest number of votes. (Under former law, an election contest was only permitted for a local nomination or office in these cases.)
(IC 3-12-11-3, as amended by HEA 1783, SECTION 129. Effective May 10, 1995.)

4. If an opposing party prevails in an election contest before the state recount commission, the party is not required to reimburse the commission for its expenses.
(IC 3-12-10-14, as amended by HEA 1743, SECTION 59. Effective July 1, 1995.)

5. If the difference in the vote totals between the candidate declared elected or nominated and a
candidate petitioning for a recount is not more than 1%, the petitioner (or a cross-petitioner) must post a bond of $10 per precinct for each precinct to be recounted in addition to the first ten precincts to be recounted. If the difference is more than 1%, the amount of the recount bond is increased to $100 per precinct in addition to the first ten precincts to be recounted.
(IC 3-12-6-10, IC 3-12-11-10, and IC 3-12-11-11, as amended by HEA 1743, SECTIONS 54, 60, and 61. Effective July 1, 1995.)

6. If a recount shows that the originally certified candidate is still the winner, but the margin of
victory was reduced by at least 50%, the petitioner (or a cross-petitioner) receives a refund of the same percentage of the unexpended balance. If the recount shows that the petitioner actually won, the deposit or bond is returned in full to the petitioner and the petitioner is not required to pay any additional recount costs. If there is any unexpended balance remaining after a refund and payment of costs, the remainder is deposited in the county general fund. (Former law required that any unexpended balance remaining after payment of recount costs be returned to the petitioner.)
(IC 3-12-6-10, IC 3-12-6-12, IC 3-12-10-13, IC 3-12-10-14, IC 3-12-11-10, and IC 3-12-11-11, as amended by HEA 1743, SECTIONS 54-55 and 58-60. Effective July 1, 1995.)

7. In a recount on a public question, if the difference in the vote totals for and against the question is no more than 200 for a local public question (or no more than 2,000 for a statewide public question), the petitioner (or a cross-petitioner) must post a bond of $10 per precinct for each precinct to be recounted in addition to the first ten precincts to be recounted. If the difference is more than 200 or 2,000 votes, respectively, the amount of the recount bond is increased to $100 per precinct in addition to the first ten precincts to be recounted.
(IC 3-12-12-5, as amended by HEA 1743, SECTION 63. Effective July 1, 1995.)

8. If a recount on a public question shows a difference from the original result, the petitioner
receives a refund of the entire deposit. If there is any unexpended balance remaining after a refund and payment of costs, the remainder is deposited in the county general fund. (Former law required that any unexpended balance remaining after payment of recount costs be returned to the petitioner.)
(IC 3-12-12-5 and IC 3-12-12-6, as amended by HEA 1743, SECTIONS 63 and 64. Effective July 1, 1995.)

9. The secretary of state serves as a member and as chair of the state recount commission unless
the secretary of state is a petitioner for a recount or named as a candidate in a recount petition. While this recount petition is pending, the secretary of state is replaced as member and chair of the commission by an individual nominated by the state chairman of the same political party as the secretary of state. If the office of secretary of state is the subject of a recount, the state recount commission must reach its decision before January 1 after the election for the office. The state chairman of each major political party must appoint one member of the state recount commission before July 1, 1995 to replace the existing members.
(IC 3-12-10-2, as repealed by HEA 1743, SECTION 71. IC 3-12-10-2.1, as added by HEA 1743, SECTION 56. Effective July 1, 1995. HEA 1743, SECTION 77. Effective May 10, 1995.)

10. The state recount commission (or a local recount commission) may determine that all of the ballots within a precinct will not be counted if (and only if) the commission determines that fraud, tampering or misconduct within the precinct is so pervasive that it is impossible for the commission to determine the approximate number of ballots that each candidate received within the precinct.
(IC 3-12-6-21.7 and IC 3-12-11-17.7, as amended by HEA 1783, SECTIONS 128 and 130. Effective May 10, 1995.)

11. Whenever the state recount commission conducts a recount for a state legislative office, the commission shall (rather than "may" under former law) order ballots, voting systems, tally sheets, and poll lists to be impounded and protected.
(IC 3-12-11-16, as amended by HEA 1743, SECTION 62. Effective July 1, 1995.)

12. After a recount in an election for governor and lieutenant governor, the secretary of state must transmit two certified statements of the recounted results to the speaker of the house of representatives and the president pro tempore of the senate before the date that the next term of the Governor and Lieutenant Governor begins. (Under former law, these results were required to be delivered before the "first session day in January of the regular session" of the General Assembly.
(IC 3-12-11-20, as amended by HEA 1001, SECTION 14. Effective Feb. 8, 1995.)

ELECTION ADMINISTRATION

1. The state election board is abolished, and is replaced by the Indiana election commission. The
governing body of the Indiana election commission has four members, all appointed by the governor, with two members being appointed after nomination by the state chairman of each major political party. When filling a seat on the commission, the appropriate state chairman nominates two registered voters to fill the seat. The governor then selects one of the two individuals to appoint to the seat. A commission member serves a two year term, beginning July 1 following appointment and qualification. Special procedures for appointment exist if the appropriate state chairman fails to make a timely nomination to fill a commission seat. Of the initial appointment of commission members to be made by the governor before July 1, 1995, two members serve until July 1, 1996 and the remaining two members serve until July 1, 1997.
(HEA 1743, SECTIONS 73-74. Effective May 10, 1995. IC 3-5-2-11.5 and IC 3-6-4.1, as added by HEA 1743, SECTIONS 3 and 18. IC 3-6-4-1, IC 3-6-4-2, IC 3-6-4-3, IC 3-6-4-4, IC 3-6-4-5, IC 3-6-4-6, IC 3-6-4-7, IC 3-6-4-8, IC 3-6-4-9, IC 3-6-4-10, IC 3-6-4-11, IC 3-6-4-2, IC 3-6-4-12.5, IC 3-6-7-12.7 [sic], IC 3-6-4-14, IC 3-6-4-15, IC 3-6-4-16, IC 3-6-4-23, as repealed by HEA 1743, SECTION 71. Effective July 1, 1995. The remainder of IC 3-6-4, as repealed by HEA 1743, SECTION 72. Effective January 1, 1997. HEA 1743, SECTION 74. Effective May 10, 1995.)

2. The governor appoints a member of the Indiana election commission to serve as chair. However, after June 30, 1997, the chair must be of the same political party as the secretary of state. The person appointed as chair serves until the person's term as a commission member expires. (New legislation also provides for the commission to elect its initial chair at a meeting to be conducted before August 1, 1995. However, the Indiana Code citation referred to as the authority for this election does not exist.)
(IC 3-6-4.1-6, as added by HEA 1743, SECTION 18. Effective July 1, 1995. HEA 1743, SECTION 74. Effective May 10, 1995.)

3. The administrative rules and most of the powers of the state election board are transferred to the Indiana election commission. However, only the entire commission has the power to issue a subpoena (under former law, any member of the board could issue a subpoena.) Likewise, the affirmative vote of at least three commission members is required for the commission to take official action.
(IC 2-1-6-1, IC 2-1-7-1, IC 3-6-4-24, IC 3-6-4-26, IC 3-6-4-28, IC 3-6-4.1, and IC 3-11-4.5-7, as amended and added by HEA 1743, SECTIONS 1-2, 12, 14-15, 18, and 51. Effective July 1, 1995. HEA 1743, SECTION 73. Effective May 10, 1995.)

4. The staff of the Indiana election commission is headed by two co-directors, appointed by the governor. (The position of executive director under former law, appointed by the state election board with the governor's consent, is abolished.) The co-directors have the same employment classification for state personnel purposes and receive the same compensation, except for differences due to years of service. If a vacancy in the office of co-director occurs, the state chairman of the appropriate party submits two names to the governor within thirty days after receiving notice of the vacancy. The governor then appoints one of the two nominees as a co-director. If the state chairman fails to make a timely
nomination, the governor may then appoint a person of the appropriate political party as a co-director, subject to disapproval within seven days by the state chairman.
(IC 3-6-4-17, IC 3-6-4-21, and IC 3-6-4-22, and IC 3-6-4-26, as amended by HEA 1743, SECTIONS 6, 10, and 11. Effective July 1, 1995.)

5. The co-directors of the Indiana election commission have equal authority and responsibilities, and may not be members of the same political party. Most of the powers of the executive director are transferred to the co-directors. However, unlike the executive director under former law, a co-director cannot issue a subpoena. The co-directors shall assist in campaign finance law investigations (with authorization of the commission) and voting system examinations, and are jointly responsible as the official in charge of enforcing the National Voter Registration Act of 1993 (NVRA).
(IC 3-6-4-26, as amended by SEA 10, SECTION 14. Effective retroactive to January 1, 1995. IC 3-5-2-33.7, as added by HEA 1743, SECTION 5. IC 3-6-4-17, IC 3-6-4-25, IC 3-6-4-26, IC 3-6-4-28, IC 3-6-4-29, IC 3-6-4-31, IC 3-7-11, IC 3-7-12-30, IC 3-7-12-31, IC 3-7-26-11, IC 3-9-4-15, IC 3-11-1.5, IC 3-11-4.5-7, IC 3-11-12-35, IC 3-14-2-15, and IC 3-14-6-1, as amended by HEA 1743, SECTIONS 6, 13-17, 20-34, 37-52, and 60-61. Effective July 1, 1995.)

6. The two positions of administrative assistants at the state election board, filled by nomination of state party chairmen, are abolished. The employees of the Indiana election commission "must be divided equally between the two major political parties of the state." The co-directors may employ an equal number of employees, and have equal amounts of funding for employees. The existing staff of the state election board may be employed by the Indiana election commission if hired by a co-director. The Indiana election commission staff employed on December 31, 1996 serve as employees of the election division of the secretary of state after that date.
(IC 3-6-4-18, as amended by SEA 10, SECTION 11. Effective March 1, 1995. IC 3-6-4-18, IC 3-6-4-19, and IC 3-6-4-20, as amended by HEA 1743, SECTIONS 7-9. Effective July 1, 1995. HEA 1743, SECTION 75. Effective May 10, 1995. HEA 1743, SECTION 76. Effective July 1, 1996.)

7. Two deputy directors of the state election board are created, effective January 1, 1995, but the positions are abolished July 1, 1995. The deputy directors (or the administrative assistants in the absence of the deputy directors) assist in hearings or investigations of campaign finance and NVRA violations, and examinations of voting systems.
(IC 3-6-4-25, as amended by SEA 10, SECTION 13. SEA 10, SECTION 135. Effective retroactive to January 1, 1995. )

8. On January 1, 1997, the Indiana election commission staff becomes the election division of the Indiana secretary of state. The election division staff is headed by two co-directors appointed in the same manner as the co-directors appointed when the Indiana election commission was initially established. The staff is employed subject to the same procedures as when the Indiana election commission was originally established. However, the secretary of state (rather than the election commission) submits biennial budget estimates for the division. The election division staff may be assigned to assist the state recount commission.
(IC 3-5-2-19.5, IC 3-6-4.2, and IC 3-12-10-10, as added or amended by HEA 1743, SECTIONS 4, 19, and 57. Effective January 1, 1997.)

9. The secretary of state certifies to the state election board (as well as to circuit court clerks under current law), the name and residence of each presidential and vice-presidential candidate, each candidate for statewide office, and each justice of the Indiana supreme court and judge of the Indiana court of appeals who has requested a retention vote. Under former law, the clerk of the supreme court certified the name of a justice or judge subject to a retention vote to the state election board.
(IC 3-8-7-16, as amended by HEA 1783, SECTION 62. IC 33-15-1-2, as amended by HEA 1783, SECTION 150. Effective May 10, 1995.)

10. The executive director and any member of the state election board staff may administer an oath required or permitted by the election code (rather than only those staff members designated in writing by the board to do so.)
(IC 3-6-4-28, as amended by SEA 10, SECTION 15. Effective retroactive to January 1, 1995. )

11. County election board members and board of registration members are entitled to reimbursement for paying the annual state election instructional meeting registration fee from the county general fund without appropriation.
(IC 3-6-4-16, as amended by HEA 1783, SECTION 11. Effective retroactive to January 1, 1994.)

12. If the state election board determines that a violation of the election code has occurred or is about to occur (other than a violation of NVRA), the board shall refer the matter to the attorney general if the board requests that a civil action be filed, or to the appropriate prosecuting attorney if the case concerns a criminal violation of the election code. A prosecuting attorney is not required to file an action for civil relief on behalf of the state.
(IC 3-6-4-29 and IC 3-14-5-3, as amended by SEA 10, SECTIONS 16 and 92. Effective retroactive to January 1, 1995. IC 3-6-4-30, as amended by HEA 1783, SECTION 12. Effective May 10, 1995.)

13. A reference to a federal law or regulation in the election code (IC 3), the motor vehicle code (IC 9), or the public welfare code (IC 12) refers to the law or regulation as in effect on January 1, 1995.
(IC 3-5-2-1.5, IC 3-5-2-33.5, IC 3-5-2-34.5, IC 3-5-4-7, as amended and added by SEA 10, SECTIONS 1, 5, 6, and 9. Effective March 1, 1995, and as amended by HEA 1783, SECTION 9. Effective retroactive to January 1, 1995. See also IC 9-13-1-3, as added by SEA 10, SECTION 106 (effective March 1, 1995), and as amended by HEA 1783, SECTION 142. Effective retroactive to January 1, 1995.)

14. If a local election office remains open on a day designated as a state holiday, then any election law deadline falling on that date is transferred to the next day that the office is open for business.
(IC 3-5-4-1.5, as amended by HEA 1783, SECTION 8. Effective May 10, 1995.)

15. In Lake County, the chief deputy of the combined election and registration board performs all of the election duties of the circuit court clerk. The combined board performs all of the duties of the county commissioners under the election code.
(IC 3-6-5.2-6, as added by SEA 502, SECTION 1. Effective July 1, 1995.)

16. The law establishing county voter registration offices was recodified.
(IC 3-7-12, as added by SEA 10, SECTION 21. IC 3-7-2, as repealed by SEA 10, SECTION 138. Effective retroactive to January 1,1995.)

MUNICIPAL ELECTIONS

1. A county election board (or a town election board) may adopt a resolution by unanimous vote to reduce the hours absentee voting is available in the election board office during municipal election years. The election board must adopt written findings concerning the number of absentee ballots expected to be cast and the inconvenience (if any) anticipated for voters if the reduced hours for absentee voting are adopted.
(IC 3-11-10-26.5, as added by HEA 1783, SECTION 108. Effective May 10, 1995.)

2. In any city or in a town with a population of at least 3,500, a minor political party that: (1) is no longer required to circulate nominating petitions for its candidates to be placed on the ballot; but (2) is not eligible to hold a primary election (such as the Libertarian Party in 1995, 1996, and 1998) may nominate candidates for municipal office by conducting a city or town convention and filing a certificate of nomination for candidates chosen by the convention (along with the candidate's consent) with the circuit court clerk of the appropriate county no later than noon August 1.
(IC 3-10-6-12, as amended by HEA 1783, SECTION 88. Effective May 10, 1995.)

3. In a town with a population of less than 3,500, a minor political party that: (1) is no longer required to circulate nominating petitions for its candidates to be placed on the ballot; but (2) is not eligible to hold a primary election (such as the Libertarian Party in 1995, 1996, and 1998) may nominate candidates for municipal office by conducting a town convention not later than the date for conducting a major party town convention and file a copy of the certificate of nomination and the candidate's consent with the circuit court clerk of the appropriate county.
(IC 3-8-5-17, as amended by HEA 1783, SECTION 58. Effective May 10, 1995.)

4. In a city or town, a general election for city or town offices must be held if there is a contest
for an office of the municipality (such as town council). However, an uncontested election for city or town offices is not required solely because another type of office will voted on in the municipality at the same time (such as president of the United States in a general election year in towns with "staggered term" town council elections, or in small towns in Marion County where a Mayor of Indianapolis is elected in all county precincts during municipal election years).
(IC 3-10-6-7.5 and IC 3-10-7-6, as amended by HEA 1783, SECTIONS 87 and 89. Effective May 10, 1995.)

5. In determining whether a town is required to conduct a town primary since the town's population is
less than 3,500, prison inmates within the town may not be included in the population count.
(IC
3-8-5-1, IC 3-10-6-1, and IC 3-10-7-1, as amended by HEA 1818. Effective July 1, 1995.)

6. The definition of "town" for election code purposes refers to a town of any population (rather than any "size" under former law).
(IC 3-5-2-49, as amended by HEA 1783, SECTION 7. Effective May 10, 1995.)

7. Certain obsolete special town election laws are repealed. The repealed provisions concerned election procedures in certain towns that were adopted before 1852, and which are now superseded by the general town election laws set forth in IC 3-10 and IC 36.
(IC 1-1-1-2, as amended by HEA 1783, SECTION 1; Local Acts 1839, c.21, s.4 [special elections, Town (now City) of Terre Haute]; Local Acts 1840, c.40, s.1 [special elections to fill vacancies in the Town (now City) of Delphi]; Local Acts 1841, c.37, s.4; Local Acts 1841, c.37, s.5; Local Acts 1841, c.37, s. 6 [special elections in the Town of Cambridge City], as repealed by HEA 1783, SECTION 155. Effective May 10, 1995.)

OFFICEHOLDERS

1. A justice of the Indiana supreme court or a judge of the Indiana court of appeals who wishes to be retained in office must file a statement with the secretary of state no later than noon, July 15 of the year in which the justice or judge's retention would be placed on the ballot. The term of a justice or judge who does not request a retention vote expires on the following December 31. If a justice or judge requests a retention vote, but is defeated for retention, the term of the justice or judge ends when the secretary of state certifies the results of the retention vote (or when the state recount commission issues a certificate of the retention vote if a recount was conducted.)
(IC 33-2.1-2-6, as amended by HEA 1783, SECTION 148. Effective May 10, 1995.)

2. A judge of the First, Second, or Third District of the Indiana court of appeals appointed on or after July 1, 1993 must have resided in their respective districts before appointment to the court. Of the judges in both the Fourth and Fifth Districts of the Court of Appeals, one must have resided in the First District before appointment, one must have resided in the Second District before appointment, and one must have resided in the Third District before appointment.
(IC 33-2.1-2-3, as amended by HEA 1118, SECTION 14. Effective July 1, 1995.)

3. The individual elected as secretary of state takes office on January 1 following the individual's election. (Former law did not specify a date for the beginning of the secretary of state's term.)
(IC 4-1-5-1, as amended by HEA 1743, SECTION 67. Effective July 1, 1995.)

4. The individual elected as auditor of state takes office on January 1 following the individual's election. (Former law did not specify a date for the beginning of the auditor of state's term.)
(IC 4-7-5-1, as amended by HEA 1743, SECTION 68. Effective July 1, 1995.)

5. The individual elected as clerk of the supreme court takes office on January 1 following the individual's election. (Former law did not specify a date for the beginning of the clerk's term.)
(IC 33-15-1-1, as amended by HEA 1743, SECTION 69. Effective July 1, 1995.)

6. If the House of Representatives has an equal number of members from two political parties, the speaker of the house of representatives shall be elected by the members of the house who are members of the political party whose candidate was elected governor (or secretary of state) at the last general election.
(IC 2-2.1-1-7 and IC 2-2.1-1-7.5, as amended and added by SEA 653, SECTIONS 2-3. Effective July 1, 1995.)

7. A person appointed to a fill a vacancy in the office of circuit court judge holds office until the end of the unexpired term, or until a successor is elected at the next general election and qualifies, whichever occurs first. (Former law did not provide for the appointment to end at the end of the unexpired term if that event occurred first.)
(HEA 1118, SECTION 148. Effective May 10, 1995. IC 3-13-6-1, as amended by HEA 1577, SECTION 1. Effective January 1, 1996.)

8. The existing law concerning the election of judges of the Marion County superior court has been recodified, and the Marion County municipal court abolished. The initial election and terms of the judges of the superior court are provided by statute.
(IC 3-10-1-16, IC 3-13-6-1, IC 5-8-1-19, and IC 33-5.1, as amended and added by HEA 1577, SECTIONS 1-3 and 7. IC 33-5-35.1 and IC 33-6-1, as repealed by HEA 1577, SECTION 15. Effective January 1, 1996. HEA 1577, SECTIONS 16-17 and 19. Effective July 1, 1995.)

9. The following new elected judicial offices are created: (1) one Monroe County circuit court judge; (2) one Clark County superior court judge; (3) two Elkhart County superior court judges; (4) one Hamilton County superior court judge; (5) one Johnson County superior court judge; (6) one judge of the newly created Jennings superior court; (7) two Kosciusko County superior court judges; (8) one Lawrence County superior court judge; (9) two Morgan County superior court judges; (10) one judge of the newly created Posey superior court; (11) one judge of the newly created Ripley superior court; and (12) one judge of the newly created Wabash superior court. The following courts are abolished: (1) the Clark County county court; (2) the Elkhart County county court; (3) the Elkhart County court, Elkhart division; (4) Jasper County Superior Court No. 2; (5) the Kosciusko County county court; (6) the Lawrence County county court; (7) the Morgan County county court; (8) the Posey County county court; and (9) the Wabash County county court. The initial election and terms of these judges are provided for by statute. (IC 33-5-25.5-1, as amended by HEA 1118, SECTION 44. Effective May 10, 1995. IC 33-4-1-53, IC 33-5-10-1.5, IC 33-5-13.1-2, IC 33-5-32.5-1, IC 33-5-37-1, IC 33-5-38.1, IC 33-5-45.1, and IC 33-10.5-1-6, as amended and added by HEA 1118, SECTIONS 19, 24, 26, 76, 86, 92, 101, and 106. HEA 1118, SECTIONS 118, 119, 122-123, 133, 137, 140, and 143. Effective July 1, 1995. IC 33-5-22-1, IC 33-5-24-1, IC 33-5-25.9, IC 33-5-27-1, and IC 33-5-38.7, as amended and added by HEA 1118, SECTIONS 31, 38, 56-57, and 93. HEA 1118, SECTION 130. Effective January 1, 1997.)

10. A person selected as a judge of the following courts must be an attorney in good standing with the Indiana supreme court: (1) Anderson city court; (2) Brownsburg town court; (3) Muncie city court; (4) Noblesville city court; and (5) Plainfield town court. (IC 33-10.1-5-7, as amended by HEA 1118, SECTION 105. Effective July 1, 1995.)

11. A vacancy in the office of prosecuting attorney is filled by a caucus of the precinct committeemen that elected or selected the prosecuting attorney who vacated the office. (Under former law, this vacancy was filled by the governor.) (IC 3-13-6-2, IC 3-13-11-1, and IC 3-13-11-7, as amended by SEA 277, SECTIONS 1-3. Effective May 12, 1995. IC 5-8-1-19, as amended by SEA 277, SECTION 4. Effective January 1, 1996.)

12. If a precinct committeeman is not eligible to participate in a party caucus to fill an a vacant office, the committeeman can designate the vice-committeeman to represent that precinct in the caucus. (IC 3-13-11-9, as amended by HEA 1783, SECTION 133. Effective May 10, 1995.)

13. A local government ordinance to redistricting county commissioner, county council, or town council districts (or a city-county council or township board in Marion County) is effective immediately, unless otherwise provided in the ordinance. However, the former districts remain in effect for filling any vacancies that occur in the offices until after the first election under the new redistricting ordinance. (IC 36-1-6-10, as amended by HEA 1783, SECTION 152. Effective May 10, 1995.)

14. A county assessor, township assessor, or a deputy of those officials, may be sworn into office by any person authorized to administer an oath. (Former law contained provisions that limited the administration of the oath to the county auditor, but other state laws implied that any qualified person could administer these oaths.) (IC 5-4-1-1.1, as amended by HEA 1783, SECTION 140. Effective May 10, 1995.)

15. A county auditor may administer any oath within the auditor's county. (Former law specified that the county auditor could administer oaths to township trustees. (IC 33-16-4-1, as amended by HEA 1783, SECTION 151. Effective May 10, 1995.)

16. The township board election districts in Marion County must: (1) respect, as nearly as practicable, precinct boundary lines (instead of, under former law, not crossing precinct lines in most cases), and (2) contain, as nearly as reasonably practicable (instead of as nearly as possible), equal population. (IC 36-6-6-2.5, as amended by SEA 87, SECTION 1. Effective May 5, 1995.)

17. When more than half of the seats on a town council are vacant and the former council members were not elected or selected as candidates of a major political party, the remaining members can fill the seats even if the council would not otherwise have a quorum at the meeting at which the vacancies are filled. If there are no remaining council members, the town clerk-treasurer can fill the town council vacancies. If there are no town council members or a town clerk-treasurer, the town offices can be filled by the county chairman of the major political party whose party received the most votes for secretary of state within the town at the last election for that office. (IC 3-13-9-4.5, as added by HEA 1783, SECTION 132. Effective May 10, 1995.)

18. A school board member's oath of office must be filed with the appropriate circuit court clerk.
(IC 5-4-1-4, as amended by HEA 1783, SECTION 141. Effective May 10, 1995.)

19. When a Marion County township school corporation that accepts students from Indianapolis Public Schools adds two additional school board members, the additional members must be elected by a majority of all of the eligible voters who vote in the school corporation. Until the additional members are elected, the township school corporation may appoint two members to the school board, one of whom must be a resident of the part of IPS from which students are being transferred. (IC 20-8.1-6.5-2.5, as amended by SEA 278, SECTION 1. Effective April 26, 1995.)

POLITICAL PARTIES

1. The county committee of each major political party must establish state convention delegate districts and file descriptions of the district boundaries with the county election board no later than noon December 31 before a state convention. If the political party does not do so, the county election board establishes the state convention delegate districts no later than the first day for filing a
declaration of candidacy for the primary. (IC 3-8-4-3, as amended by HEA 1783, SECTION 55. Effective July 1, 1995.)

POLLING PLACES AND PRECINCT WORKERS

1. Since federal law no longer requires the withholding of Social Security payments from election day workers who make less than $1,000 per year, the Indiana law permitting a county to reimburse precinct workers for this withholding was repealed. (IC 3-6-6-26.5, as repealed by HEA 1783, SECTION 155. Effective May 10, 1995.)

2. In paying a precinct election officer for the performance of election day duties, a county is not
required to withhold, at the time of payment of wages, the amount prescribed in the department of state revenue's withholding instructions. (IC 6-3-4-8, as amended by HEA 1429, SECTION 1. Effective May 10, 1995.)

3. A precinct election officer is considered an "independent contractor", and not an employee of the
county. Service performed by a precinct election officer is not considered "employment" for state employment insurance law purposes. The appointment of a precinct election officer expires when the county election board completes the canvass for that precinct. (IC 3-6-6-37, as amended by HEA 1783, SECTION 18. IC 22-4-8-3, as amended by HEA 1783, SECTION 147. Effective May 10, 1995.)

4. A county (rather than state law) determines the amount that an inspector is to be paid for delivering precinct supplies or that the inspector and judge of the opposite political party are to be paid for returning precinct election supplies. (IC 3-6-6-26, as amended by HEA 1783, SECTION 17. Effective May 10, 1995.)

5. Due to the end of Federal Election Commission reporting requirements, a precinct inspector is no longer required to complete and return the Polling Place Accessibility Survey Form. (IC 3-6-6-23 and 3-6-6-26, as amended by HEA 1783, SECTIONS 15 and 17. Effective May 10, 1995.)

6. The county election board may, by unanimous vote, appoint an otherwise eligible person to fill a precinct election office if the appropriate county chairman has not nominated a person to fill the office by noon, seven days before election day. (IC 3-6-6-13, as amended by HEA 1783, SECTION 13. Effective May 10, 1995.)

7. The county commissioners (or the Mayor of Indianapolis) may issue an order providing that the judges of each precinct perform the duties and have the rights of the election sheriffs of the precinct. The order remains in effect until rescinded by the county executive. (The former law permitting a county election board to adopt a resolution to have judges perform these duties in precincts with less than 250 voters was repealed.) (IC 3-6-6-5, as amended by SEA 616, SECTION 1. Effective July 1, 1995.)

8. If a precinct election officer fails to appear on election day, or if the office otherwise falls vacant, the poll clerks and assistant poll clerks (if any) now rank above the precinct election sheriff in making nominations to fill the vacant office. (IC 3-6-6-14, as amended by HEA 1783, SECTION 14. Effective May 10, 1995.)

PRECINCTS

1. The polling place for a precinct is established in the order creating the precinct and remains the precinct's polling place until changed by the county executive or county election board. (Former law required the county executive to designate polling places before each election.) (IC 3-11-1.5-15, IC 3-11-1.5-28, and IC 3-11-8-3.1, as amended by SEA 10, SECTIONS 73-74 and 81. Effective retroactive to January 1, 1995.)

2. A county is not required to redraw precinct boundaries during 1995 and 1996 to comply with the state laws imposing limits on the number of registered voters in the precincts. (HEA 1430, SECTION 1. Effective retroactive to January 1, 1995.)

3. After November 3, 1998, a precinct may not have more than 800 active voters in most cases. (IC 3-11-1.5-3 and IC 3-11-1.5-3.5 and IC 3-11-8-4.3, as amended by SEA 10, SECTIONS 71-72, and 82. Effective retroactive to January 1, 1995.)

REGISTRATION

1. Each person who applies for a driver's license or personal identification at a branch of the bureau of motor vehicles must be offered the opportunity to register to vote or to change the person's voter registration record. If the person applies to register, the license branch must provide an acknowledgment of the application to the person and transmit the application to the appropriate county voter registration office. The voter registration application is confidential while retained by the bureau of motor vehicles before transmittal to the county voter registration office. The manager (or a person designated by the manager) is responsible for overseeing voter registration activities at the license branch. The state election board must notify the bureau of any special elections that are scheduled. The applicant may indicate that any change of address is not to be used for voter registration purposes. A person operating a license branch under contract with the bureau is required to offer voter registration services, and is subject to the same statutes governing the bureau. (IC 3-7-14, IC 3-7-39, IC 9-14-3-1, IC 9-14-3-5, IC 9-14-3-6, IC 9-14-3-7, IC 9-14-3-8, IC 9-16-1-4, IC 9-16-7, and IC 9-24.5, as added and amended by SEA 10, SECTIONS 23, 49, 107-112, and 114-115. Effective retroactive to January 1, 1995)

2. Each person who applies for service or assistance, renewal of service or assistance, or submits a change of address form at a "public assistance office" (meaning a county office of family and children [AFDC or Medicaid], an office of the division of family and children [food stamps], or an office of the state department of health [WIC program], or a "disability office" (meaning a state funded agency determined by the state election board to be primarily engaged in serving persons with disabilities) must be offered the opportunity to register to vote or to change the person's voter registration record. Each office must designate a person to be responsible for the performance of the office's voter registration duties (although any employee or volunteer can perform the registration duties.) If the person applies to register, the office must provide an acknowledgment of the application to the person. If the person declines to apply to register, the office must prepare a record of the declination with the assistance of the voter if possible. The voter registration applications and declinations are confidential while retained by the office before transmittal to the county voter registration office. If a disability office provides services at a person's home, the office must also offer voter registration services at the person's home. The office must transmit the applications and declinations to the appropriate county voter registration office for processing. The state election board must notify the bureau of any special elections that are scheduled. (IC 3-7-15, IC 3-7-16, IC 12-14-1.5, IC
12-14-22-5, IC 12-14-25, IC 12-15-1.5, IC 12-15-27-8.5, and IC 16-35-1.6, as added or amended by SEA 10, SECTIONS 24-25, 117, 118, and 120-123. Effective retroactive to January 1, 1995)

3. Each person who applies for service or assistance, renewal of service or assistance, or submits a change of address form at other "full service voter registration agencies" must be offered the opportunity to register to vote or to change the person's voter registration record. Each office must designate a person to be responsible for the performance of the office's voter registration duties (although any employee or volunteer can perform the registration duties.) If the person applies to register, the office must provide an acknowledgment of the application to the person. If the person declines to apply to register, the office must prepare a record of the declination with the assistance of the voter if possible. The voter registration applications and declinations are confidential while retained by the office before transmittal to the county voter registration office. (IC 3-7-18, as added by SEA 10, SECTION 27. Effective retroactive to January 1, 1995)

4. A person providing voter registration services at a bureau of motor vehicles branch, a public assistance office, or a disability office, or other "full service voter registration agency" may not display any political preference or seek to influence an applicant's political preference. The person may not discourage any person from applying to register to vote, or indicate that registration has any effect on the person's benefits received from the agency. (IC 3-7-14, IC 3-7-15, IC 3-7-16, IC 3-7-18, and IC 9-16-6-5, as added by SEA 10, SECTIONS 23-25, 27, and 113. Effective retroactive to January 1, 1995.

5. A "full service voter registration agency", such as a bureau of motor vehicles branch, public assistance office, disability office, a city and town office, or any other designated full-service agency, must forward a voter registration application to the county voter registration office by hand delivery or by certified mail, return receipt requested, no later than five days after the agency or office accepts the application (instead of no later than ten days during most periods under former law). (IC 3-7-14-12, as amended by HEA 1783, SECTION 22; IC 3-7-15-16, as amended by HEA 1783, SECTION 24; IC 3-7-16-23, as amended by HEA 1783, SECTION 25; IC 3-7-18-19, as amended by HEA 1783, SECTION 27; IC 9-24-2.5-4, IC 12-14-1.5-4, IC 12-14-25-3, and IC 16-35-1.6-5, as amended by HEA 1783, SECTIONS 143-146. All effective retroactive to January 1, 1995. IC 3-7-18-20, IC 9-24-2.5-5, IC 12-14-1.5-5, IC 12-14-25-4, and IC 16-35-1.6-6, as repealed by HEA 1783, SECTION 155. Effective May 10, 1995.)

6. Each office of the department of employment and training services that provides unemployment compensation assistance is a "full service voter registration agency." The department's executive director is the "governing body" of this office for NVRA purposes. (IC 3-7-20.5, as added by SEA 10, SECTION 30. Effective January 1, 1996.)

7. An armed forces recruitment office is a voter registration agency in accordance with procedures developed and implemented by the executive director of the state election board and the United States Secretary of Defense. (IC 3-7-17, as added by SEA 10, SECTION 26. Effective retroactive to January 1, 1995.)

8. A county board of registration that is not located in the same building as the principal county voter registration office is a "full service voter registration agency." The county election board is the "governing body" of this office for NVRA purposes. (IC 3-7-19, as added by SEA 10, SECTION 26. Effective retroactive to January 1, 1995.)

9. All cities and all towns with a population of at least 3,500 have offices designated as "full service voter registration agencies", which must offer all persons who apply for a license or permit, or for new utility service, in the office of the municipal clerk or clerk-treasurer, the opportunity to register to vote. This "full service" voter registration must be offered in another office of the city or town if that office receives applications for licenses, permits, or new utility service instead of the city or town clerk or clerk-treasurer's office. (Under former law, a municipal clerk or clerk-treasurer's office was required to offer "full service" voter registration if the office was "open for business" during any hours that the county voter registration office was open for business.) A sign advising persons of the availability of full voter registration services in the office. (IC 3-7-20, as added by SEA 10, SECTION 29. Effective retroactive to January 1, 1995. IC 3-7-18-2, as amended by HEA 1783, SECTION 26; IC 3-7-20-0.5, as added by HEA 1783, SECTION 28; IC 3-7-20-1, IC 3-7-20-2, and IC 3-7-20-5, as amended by HEA 1783, SECTIONS 29-31; IC 3-7-20-6, as added by HEA 1783, SECTION 32. All effective retroactive to March 1, 1995.)

10. If the office of a municipal clerk or clerk-treasurer does not provide "full service voter registration", the office serves as a distribution site for registration by mail forms. (IC 3-7-24-9, as amended by HEA 1783, SECTION 33. Effective retroactive to January 1, 1995.)

11. A county voter registration office must accept the mail-in voter registration form prescribed by the Federal Election Commission or the mail-in form prescribed by the executive director of the state election board, whether the form is presented by the Postal Service, by the person registering by mail, or by a person presenting a form on behalf of the person who is registering. The executive director of the state election board shall make mail-in registration forms available, with particular emphasis on organized voter registration programs. The board may adopt rules requiring a person who requests more than a specified number of forms to submit a voter registration plan to the executive director. (IC 3-7-22, as added by SEA 10, SECTION 32. Effective retroactive to January 1, 1995.)

12. Each bureau of motor vehicles license branch, each office of a circuit court clerk that does not provide voter registration services, each township trustee office, each public library or county contractual library, each state college or university, each public secondary school corporation, each office of the department of employment and training services that provides services concerning unemployment compensation, each county extension educator office, each municipal clerk or clerk-treasurer's office that does not provide "full service" voter registration, each state or local government office that has significant contact with the public is a distribution site for mail-in registration forms. The state election board shall determine if a state agency has "significant public contact" for this purpose. Each county election board shall determine if a local government office has "significant public contact." The state election board or a county election board may enter into agreements with the United States Postal Service, a federal government agency, a private secondary school, or a financial institution to serve as a mail-in form distribution site. An office that serves as a mail-in form distribution site is not required to accept or delivery registration forms to the county voter registration office, but the office must post a notice advising the public that voter registration forms are available in the office. (IC 3-7-24, as added by SEA 10, SECTION 34. SEA 10, SECTION 136. Effective retroactive to January 1, 1995.)

13. The department of state revenue must include two registration applications prepared by the state election board as a part of the state income tax booklets, beginning with the booklets distributed in 1996. A person may apply to vote by returning the application to the county voter registration office. (IC 3-6-4-12, IC 3-7-23, and IC 6-8.1-3-19, as amended and added by SEA 10, SECTIONS 12, 33, and 98. SEA 10, SECTION 137. Effective retroactive to January 1, 1995.)

14. The executive director of the state election board is the chief state election official responsible for implementing NVRA and coordinating the state's efforts with the Federal Election Commission, state and local voter registration offices, and registration officials in other states. Among other duties, the executive director must: (1) make mail-in registration forms available; (2) notify county voter registration officials that a person has been convicted of a felony in a federal court; and (3) prepare reports and recommend improvements concerning NVRA to the FEC. The state election board shall adopt rules (including joint rules with other agencies when necessary) to implement NVRA. (IC 3-6-4-12, as amended by SEA 10, SECTION 12. IC 3-7-11, as added by SEA 10, SECTION 20. Effective retroactive to January 1, 1995.)

15. A person who believes that a violation of NVRA has occurred may file a written notice with the executive director (or, if the person prefers, with the circuit court clerk of the county). If an affidavit concerning illegal voting at a precinct is filed with the county election board, or if a grand jury files a report concerning affidavits executed at a precinct on election day, the county election board or grand jury shall advise the executive director is a violation of NVRA appears to have occurred. The division of family and children shall also advise the executive director if any violation occurs involving confidential records under the division's control. The executive director must initially determine whether the complaint alleges a violation of NVRA, even if the facts in the complaint are assumed to be true. (This determination by the executive director is not subject to administrative adjudication procedural requirements.) The executive director must notify the board members, the attorney general, the person alleged to have committed the violation, and the person filing the complaint regarding the executive director's decision. If a complaint does allege a possible violation of NVRA, the executive director shall investigate and issue a report to the state election board. The report must state whether a violation has occurred and, if so, what steps have been or could be taken to prevent a reoccurrence of the violation. The state election board shall conduct a hearing and take further action concerning the executive director's report on this violation upon the written request
of a board member. A person alleging a violation may, instead of filing a complaint, file a civil action in court if the violation is not corrected by a stated date, or if the violation occurs within a short period of time before an election. The duties of the executive director under this provision are performed by the chair of the state election board if the executive director is alleged to have committed the violation of NVRA. State proceedings concerning an NVRA violation are deferred while any complaint is pending before the circuit court clerk. The circuit court clerk and the county election board follow a largely identical procedure in investigating and reporting on NVRA complaints. The same procedures apply whether the alleged violation occurred in an election for federal office or in another type of election. (IC 3-7-11, IC 3-7-12, IC 3-14-5-1, IC 3-14-5-2, IC 4-21.5-2-5, and IC 12-14-22-8, as added and amended by SEA 10, SECTIONS 20-21, 90-91, 96, and 119. Effective retroactive to January 1, 1995.)

16. The voter registration contingency fund is established to implement NVRA. The fund is administered by the state budget agency and used by state agencies to implement NVRA. The money in the fund is nonreverting and may be invested in the same manner as other public funds. The state election board shall present a proposed spending plan for money appropriated to the "National Voter Rights Legislation Contingency Fund" during the 1995-1997 biennium to the state budget committee not later than December 1, 1995. (IC 3-6-4-32, as added by SEA 10, SECTION 17. Effective March 1, 1995. SEA 10, SECTION 134. Effective retroactive to January 1, 1995. HEA 1646, SECTION 3. Effective July 1, 1995.)

17. Each county election board must adopt (and amend) a written plan to implement NVRA within the county. The county NVRA plan may recommend that other offices or agencies be designated as "full service voter registration agencies." The state election board shall review each county plan and determine if the full services agencies within the county will adequately implement the findings and purposes of NVRA. The state election board may recommend amendments to the county plan and must approve any agreement between a county election board and a proposed "full service voter registration agency." The county plan must include a list of any designated sites for the distribution of mail-in forms. (IC 3-6-5-14, IC 3-7-21, and IC 3-7-24, as amended and added by SEA 10, SECTIONS 18, 31, and 34. Effective retroactive to January 1, 1995.)

18. A county NVRA implementation plan must designate at least one other office in a city or in a town with a population of at least 3,500 as a "full service voter registration agency", after the county election board offers the mayor or town council president an opportunity to suggest the office to be designated. (IC 3-7-20-6, as added by HEA 1783, SECTION 32. Effective retroactive to March 1, 1995.)

19. In a county with any rural route addresses, each plan commission in the county (or the board of county commissioners in any part of the county that is not under the jurisdiction of a plan commission) must to develop a plan to convert the rural route addresses to street addresses. The plan must specify a date by which the plan commission or board of commissioners intend for the conversion to be completed. (IC 36-7-4-405.5, as added by HEA 1783, SECTION 153. Effective July 1, 1995.)

20. The existing statutes concerning the completion of registration applications by voters and the general procedures for processing of these applications by a county voter registration office have been recodified. An applicant for voter registration may not apply by electronic transmission (other than a uniformed or overseas voter using a combined voter registration and absentee ballot application under federal law). When a county voter registration office receives an application after May 16, 1995, the county voter registration shall first determine if the applicant appears to be eligible, based on the information set forth on the application. The county voter registration shall send a notice to the applicant, either stating the reasons for any denial or stating that unless the notice is returned by the United States Postal Service, the applicant will be registered to voter at that address fifteen days after the notice was mailed. (Under former law, the applicant was considered a registered voter when the application was initially approved and the applicant's name added to the registration rolls of the county.) (IC 3-7-8, as repealed by SEA 10, SECTION 138. IC 3-7-32, IC 3-7-33, IC 3-7-34, IC 3-7-35, IC 3-7-36, and IC 3-7-39, as added by SEA 10, SECTIONS 42-46 and 49. Effective retroactive to January 1, 1995. IC 3-7-33-5, as amended by HEA 1783, SECTION 42. Effective May 10, 1995; IC 3-7-33-6, as amended by HEA 1783, SECTION 43. Effective July 1, 1995.)

21. If a county voter registration office receives incomplete information from a "full service voter
registration office", the county must make one effort to contact the office, but must process the application regardless of whether the information is received. If the office does not supply this information to the county, the county election board must notify the executive director of the state election board. (IC 3-7-34, as added by SEA 10, SECTION 44. Effective retroactive to January 1, 1995.)

22. If a county voter registration office receives a registration form that is not compatible with the county's voter registration system, the county may reproduce the form for use in the county's system and retain the original (incompatible) form. Under former law, a county voter registration office could decline to process an incompatible form and so advise the applicant for voter registration.) (IC 3-7-34, as added by SEA 10, SECTION 44. Effective retroactive to January 1, 1995.)

23. The existing laws governing the use of voter registration lists have been recodified. The records in a county voter registration office indicating the type of agency at which a person applied for voter registration, or that a person declined to register to vote are confidential, and therefore not available for public inspection and copying. (IC 3-7-7, as repealed by SEA 10, SECTION 138. IC 3-7-30, as added by SEA 10, SECTION 40. Effective retroactive to January 1, 1995.)

24. Electronically stored data is considered a public record. The right to "copy" public records includes the right to duplicate electronically stored data onto a disk, tape, or drum. A public agency must make a reasonable effort to provide the disclosable part of a public record on a disk, tape, or drum if the form requested is compatible with the agency's data storage system. The former law providing for these types of records to be duplicated or not duplicated in accordance with a uniform, nondiscriminatory policy, has been repealed. However, the new law provides that if this procedure conflicts with the voter registration law, that the voter registration law will apply. (IC 5-14-3-2 and IC 5-14-3-3, as amended by HEA 1331, SECTIONS 2 and 3. Effective January 1, 1996.)

25. A county or other political subdivision may adopt an ordinance to prohibit a person who receives
electronically stored information from using that data for commercial purposes or from providing this data to others to use for commercial purposes. A person who violates this type of ordinance may be prohibited from obtaining further data from the county or political subdivision in electronic form. (IC 5-14-3-3, as amended by HEA 1331, SECTION 3. Effective January 1, 1996.)

26. Each county council (or other local government fiscal body) shall establish a fee schedule for the
certification, copying, or facsimile transmission of documents by county agencies. The schedule must be
uniform throughout county agencies and uniform to all purchasers of copies. A public agency's charge for providing a duplicate computer tape or disc may not exceed the standard cost for selling that information to the public if the agency has published the information and made the publication available for sale. (IC 5-14-3-8, as amended by HEA 1582, SECTION 1. Effective July 1, 1995.)

27. The existing laws concerning disfranchisement of certain individuals has been recodified. An individual convicted of a crime and subject to "lawful detention" is disenfranchised during the period of the person's incarceration and must be removed from the voter registration rolls. (IC 3-5-2-26.8, and IC 3-7-46, as added by SEA 10, SECTIONS 4 and 46. Effective March 1, 1995.)

28. A person convicted of a crime, but on released on probation or parole, subject to home detention, or placed in a community corrections program remains eligible to register to vote, and is not disenfranchised as a result. (Former law was unclear concerning the status of persons on home detention or in a community corrections program.) (IC 3-7-13-6, as added by SEA 10,
SECTION 22. Effective retroactive to January 1, 1995.)

29. A county sheriff shall provide the county voter registration office with a quarterly list (rather than a monthly list) of the Indiana residents who have been convicted of a crime and incarcerated in a county correctional facility. The department of correction must furnish a list of Indiana residents who have been incarcerated in department of correction facilities during each month. The DOC list must be furnished to the state election board no later than the second Tuesday of each month for forwarding to the county voter registration offices. (IC 3-7-46, as added by SEA 10, SECTION 56. Effective retroactive to January 1, 1995. IC 3-7-46-6, as amended by HEA 1743, SECTION 35. Effective May 10, 1995.)

30. The existing law concerning removal of deceased individuals from the voter registration rolls has been recodified. (IC 3-7-9, as repealed by SEA 10, SECTION 138. IC 3-7-45, as added by SEA 10, SECTION 55. Effective retroactive to January 1, 1995.)

31. The court granting a name change petition for an individual who is at least 17 years of age must send a copy of the final decree to the county voter registration office of the county where the person resides. (IC 34-4-6-5, as amended by SEA 10, SECTION 125. Effective retroactive to January 1, 1995.)

32. The existing law concerning providing voter registration records to candidates, political parties, and precinct inspectors has been recodified. (IC 3-7-3 and IC 3-7-7, as repealed by SEA 10, SECTION 138. IC 3-7-28 and IC 3-7-29, as added by SEA 10, SECTIONS 38-39. Effective retroactive to January 1, 1995.)

33. The existing law concerning the submission of county voter registration computer tapes to the state election board has been recodified. The state election board may not provide information concerning an individual's voting history for the previous ten years to any entity that purchases the computer file, other than: (1) a state committee of a major political parties or a bona fide political party; (2) a committee of an independent candidate for federal or state office; or (3) a members of the media for publication purposes. (IC 3-7-7.5, as repealed by SEA 10, SECTION 138. IC 3-7-26, as added by SEA 10, SECTION 36. Effective retroactive to January 1, 1995. IC 3-7-26-11, as amended by HEA 1743, SECTION 34. Effective July 1, 1995.)

34. After November 3, 1998, a voter must be classified as either "active" or "inactive" for voter registration list maintenance purposes, based on whether the voter has voter during any of the last four years or has responded to a change of residence notice. The voter's status must be reflected on the county voter registration record, but the county voter registration record is not required to compile separate lists of active and inactive voters. (IC 3-5-2-1.7 and IC 3-7-27-7, as added by SEA 10, SECTIONS 2 and 37. Effective retroactive to January 1, 1995.)

35. The general provisions concerning registration and voting qualifications have been recodified. (IC 3-7-13, as added by SEA 10, SECTION 22. IC 3-7-1, as repealed by SEA 10, SECTION 138. Effective retroactive to January 1, 1995.)

36. The definition of "residence" and the rules for determining residency have been recodified. The residency rules are to be used to determine the residence of a person holding elected office (as well as a voter or a candidate). (IC 3-5-2-42.5 and IC 3-5-5, as added by SEA 10, SECTIONS 7 and 10. IC 3-7-1, as repealed by SEA 10, SECTION 138. Effective retroactive to January 1, 1995.)

37. A person can does not lose residence in a precinct in Indiana due to the person's absence from that precinct on federal or state business. (Former law did not explicitly address the affect on a person's voting residence due to temporarily moving within Indiana to comply with a state or federal employment requirement.) (IC 3-5-5-5, as added by SEA 10, SECTION 10, and as amended by HEA 1783, SECTION 10. Both effective retroactive to January 1, 1995.)

38. The laws concerning the special procedures for voting: (1) for president and vice-president only; and (2) at the precinct where a voter formerly resided if the voter moved less than 30 days before election day; have been recodified. (IC 3-7-4 and IC 3-7-4.5, as repealed by SEA 10, SECTION 138. IC 3-10-10 and IC 3-10-11, as added by SEA 10, SECTIONS 68-69. Effective retroactive to January 1, 1997.)

39. A person who has lost residence in a precinct by moving to another precinct within the same county and within the same congressional district is ordinarily entitled to return to the precinct where the person formerly resided to vote one last time at that precinct. However, this person is not entitled to return to the precinct on election day to vote for the last time and transfer registration in a municipal election if the person has moved outside of a city or town. (IC 3-11-8-2, IC 3-11-8-22, and IC 3-14-2-11, as amended by SEA 10, SECTIONS 80, 83, and 88. Effective retroactive to January 1, 1995. IC 3-10-12, as added by SEA 10, SECTION 70. IC 3-10-12-3, as amended by HEA 1783, SECTION 92. Effective December 1, 1996.)

40. A person who has lost residence in a precinct by moving to another precinct within the same county and within the same congressional district may execute a written affirmation requesting transfer of registration: (1) at the county voter registration office no later than 4 p.m. the day before an election; (2) with an absentee ballot application; or (3) before the inspector of the precinct where the prisoner formerly resided. The person executing the affidavit must then present the affidavit to the inspector of the precinct where the voter formerly resided to be allowed to vote one last time at that precinct. If the voter executes the affidavit at the precinct, the inspector must return the affidavit with other election materials. (IC 3-10-12-4, as amended by HEA 1783, SECTION 93. Effective December 1, 1996.)

41. A person who has changed residence within the same precinct may change the person's address on the poll list by making an oral affirmation before the precinct's poll clerks. The poll clerks then put the affirmation in writing on the poll list and add their initials to the poll list. (IC 3-7-39-7, as added by SEA 10, SECTION 49. Effective retroactive to January 1, 1995.)

42. A homeless or mobile voter ("an individual with a nontraditional residence") who resides within a precinct may register to vote although the person does not reside in a private residential dwelling or an institutional structure. If the postal service does not deliver mail directly to the address where the person resides, the person must supply a mailing address within a precinct in the county where the person resides. However, the registration application must identify both the precinct where the person actually resides as well as the mailing address used by the person. The county voter registration must identify a person having a nontraditional residence in the precinct poll list. (IC 3-5-2-26.7, IC 3-5-5-18, and IC 3-7-37, as added by SEA 10, SECTIONS 3, 10, and 47. Effective retroactive to January 1, 1995.)

43. The former system of permitting only sworn and credentialed "field registrars" to accept voter registration applications outside of the county voter registration office ended January 1, 1995. The post of "deputy registration officer" was abolished, effective April 4, 1995. (Under current law, any person, whether the person is a precinct committeeman or vice-committeeman, or not, or whether the person is a registered voter of the county, or not, can distribute mail-in voter registration applications and, if desired by the applicant, return the mail-in registration forms to the county voter registration office.) (IC 3-7-25-34, as added by SEA 10, SECTION 35, and as amended by HEA 1783, SECTION 34. Both effective retroactive to January 1, 1995.)

44. The former law permitting a county voter registration office to schedule a "Supplemental Voter Registration Day" was repealed. (IC 3-7-6, as repealed by HEA 1783, SECTION 154. Effective retroactive to January 1, 1995.)

45. The former law providing for "absentee registration" was repealed (except as this procedure applies to absent uniformed services voters and overseas voters). (IC 3-7-5.1, as repealed by SEA 10, SECTION 138. IC 3-7-46 and IC 3-11-4-12, as added and amended by SEA 10, SECTIONS 46 and 78. Effective retroactive to January 1, 1995.)

46. The registration period begins on December 1 (or the first Monday in December, if that date falls on a Saturday or Sunday). Registration resumes fourteen days after the primary election. (Former law provided that the registration period began on "the first business day in December", and resumed on May 15). (IC 3-7-13-10, as added by SEA 10, SECTION 22. IC 3-7-3, as repealed by SEA 10, SECTION 138. Effective retroactive to January 1, 1995.)

47. For most purposes, the registration period ends both in a "full service" voter registration agency and "in the field" twenty-nine days before the election. The former law that ended registration outside of the county voter registration office after 44 days before an election was repealed. (IC 3-7-13-10 and IC 3-7-33, as added by SEA 10, SECTIONS 22 and 43. IC 3-7-3, as repealed by SEA 10, SECTION 138. Effective retroactive to January 1, 1995.)

48. A registration by mail form must be postmarked not later than 29 days before an election for the applicant to be eligible to vote in the election. If the postmark is missing or illegible, the form must be received in the county voter registration office no later than 24 days before the election for the applicant to be eligible to vote in the election. (IC 3-7-33, as added by SEA 10, SECTION 43. Effective retroactive to January 1, 1995.)

49. A county voter registration office is required to add "ZIP Code + Four" to the voter registration record addresses. The existing laws concerning changes of addresses by governmental agencies and transfers resulting from precinct boundary changes were recodified. (IC 3-7-8, as repealed by SEA 10, SECTION 138. IC 3-7-40 and IC 3-7-42, as added by SEA 10, SECTIONS 50 and 52. Effective retroactive to January 1, 1995.)

50. A voter may be removed from the voter registration rolls at the request of the voter by using a state prescribed form (or any other form, such as a jury notice, that requests removal and is signed by the voter.) If a voter registers outside of Indiana, the voter's name may be removed from the voter registration roll if the executive director of the state election board advises the county voter registration office that the other jurisdiction has a signed request from the voter for removal. (IC 3-7-43, as added by SEA 10, SECTION 53. Effective retroactive to January 1, 1995.)

51. If a voter has executed a request to transfer registration to another county, the county voter
registration office must, within 30 days after registration reopens, send the original affidavit of registration and the transfer affidavit to the county where the voter now resides. (IC 3-7-43-4, as
added by SEA 10, SECTION 53. Effective retroactive to January 1, 1995.)

52. If a voter has authorized a prior registration in another county to be cancelled, the county voter registration office must send the cancellation notice to the county where the voter formerly resided within fifteen days, and no later than fifteen days before election day. If the prior registration was in a jurisdiction outside of Indiana, the county voter registration office sends the authorization to cancel to the state election board, which forwards the cancellation to the appropriate jurisdiction. (IC 3-7-43-6 and IC 3-7-43-8, as added by SEA 10, SECTION 53. Effective retroactive to January 1, 1995.)

53. The former voter registration "purge" system, which permitted voters to be removed from the voter registration rolls due to failure to vote, or upon individual challenge before election day, was repealed. Voters can now be removed from the voter registration rolls only by using a "uniform, nondiscriminatory voter list maintenance procedure." The executive director of the state election board may submit the names of all Indiana voters to the United States Postal Service National Change of Address Service in June of each year and notify the county voter registration office of any changed addresses identified by the USPS. (The former law requiring these submissions by a county vote registration office was repealed.) The county voter registration office must send a "confirmation notice" to a voter reported to have moved within the same county and request the voter to confirm the change of address. If the voter does not confirm the change of address, the voter's name remains on the precinct's poll list for two general elections, and is only removed if the voter does not vote in the precinct during that period of time and after thirty days have passed following the second general election. Otherwise, a county voter registration office may not remove a voter's name from the rolls due to a change of residence unless the voter provides written confirmation of a change of residence to outside the county. (IC 3-5-3-1, as amended by SEA 10, SECTION 8. IC 3-7-9, as repealed by SEA 10, SECTION 138. IC 3-7-38, IC 3-7-40, and IC 3-7-44, as added by SEA 10, SECTIONS 48, 50, and 54. Effective retroactive to January 1, 1995.)

54. The former laws concerning certificates of error and the determination of voter registration status of a person whose application was not submitted to the county voter registration office in a timely fashion by a deputy registration officer was recodified. If a person formerly resided in the precinct according to the voter registration office records, but appears at the precinct and makes an oral or written affirmation that the voter has continued to reside in the precinct, the voter is allowed to vote in that precinct. The precinct election board must immediately contact the county voter registration office to advise the office of the apparent error in the voter registration record. If a person whose name does not appear on the precinct poll list produces a receipt indicating that the voter applied to vote at a "full service voter registration office", the person shall be allowed to add the person's name to the poll list and vote (if county voter registration records do not indicate that the application was rejected.) The county voter registration office must notify the executive director of the state election board that a person was allowed to vote using this procedure so that an investigation of the incident may be made. (IC 3-7-3, as repealed by SEA 10, SECTION 138. IC 3-7-47 and IC 3-7-48, as added by SEA 10, SECTIONS 57 and 58. IC 3-10-1-9, as amended by SEA 10, SECTION 62. Effective retroactive to January 1, 1995.)

SPECIAL ELECTIONS, SCHOOL BOARD ELECTIONS, AND REFERENDA

1. Registration ceases in any precinct in which a special election is to be held on the twenty-ninth
day before the election and resumes fourteen days after the special election. (IC 3-7-13-10 and IC 3-10-8-9, as added band amended by SEA 10, SECTIONS 22 and 67. Effective retroactive to January 1, 1995.)

2. In an election on a public question (a "referendum"), a county election board may appoint challengers, pollbook holders, and watchers for an election on a public question if the chairman of a political action committee organized to support or oppose the adoption of the public question files a petition with the board signed by at least the number of voters equal to 2% of the votes cast in the last election for secretary of state in the county. (IC 3-6-7-1, IC 3-6-8-1, and 3-6-8-3, as amended by HEA 1783, SECTIONS 19-21. Effective May 10, 1995.)

3. In most cases when a petition is required (or permitted) to place a local public question on the ballot, the number of registered voters required to sign the petition for the public question to be placed on the ballot is the same number of voters that would be required to sign a petition to place an independent or minor party candidate on the ballot in that jurisdiction (2% of the total vote cast for all candidates for secretary of state at the last election for that office within the jurisdiction). (IC 4-33-6-19, IC 4-33-6-20, IC 8-1.5-2-5, IC 8-1.5-3-3, IC 8-1.5-3-9, IC 8-1.5-3-9.1, IC 8-1.5-3-9.5, IC 8-1.5-3-9.6, IC 8-22-3-2, IC 20-14-7-5.1, IC 36-2-1-2, IC 36-4-1-4, IC 36-4-2-5, IC 36-5-1-12, IC 36-5-1.1-10.6, IC 36-7-4-1212, IC 36-10-3-33, and IC 36-10-4-5, as amended by SEA 10, SECTIONS 96-97, 99-105, 124, and 126-133. Effective retroactive to January 1, 1995.)

4. A petition to place a local public question on the ballot must include the signature of each petitioner, the printed name of each petitioner, and the mailing address of each petitioner. (IC 3-10-9-6, as amended by HEA 1783, SECTION 91. Effective May 10, 1995.)

5. When a special election is ordered, the county election board (or a town election board) must file a notice with the state election board not later than noon thirty days before the election is to be conducted. The state election board must notify: (1) the alcoholic beverage commission; (2) the adjutant general that the special election will be conducted; (3) armed forces recruitment offices; (4) a disability agency or another office designated by the state election board as a "full service voter registration agency"; (5) the bureau of motor vehicles; (6) the division of family and children; and (7) the state department of health; (8) the Federal Voting Assistance Project of the United States Department of Defense. (IC 3-10-8-4 and IC 3-10-8-4.5, as amended and added by SEA 10, SECTIONS 65-66. Effective retroactive to January 1, 1995.)

6. A paper ballot for a statewide public question must be on pink paper. A paper ballot for a local public question must be on green paper. (IC 3-11-2-4, as amended by HEA 1783, SECTION 94. Effective May 10, 1995.)

7. A rural electric membership corporation may withdraw from the jurisdiction of the Indiana utility regulatory commission by conducting a referendum among the corporation's members and may return to commission jurisdiction after conducting a similar referendum. (IC 8-1-13-18.5, as added by SEA 575. Effective May 1, 1995.)

8. The provisions governing local public questions concerning the establishment or termination of a soil and water conservation district and the dissolution or merger of a conservancy district were recodified. (IC 14-32-3-10, IC 14-32-6-5, IC 14-33-16-7, and IC 14-33-17-9, as added by HEA 1047, SECTIONS 25 and 26. IC 13-3-1 and IC 13-3-3, as repealed by HEA 1047, SECTION 91. Effective July 1, 1995.)

9. Special procedures were established for the election of the board of directors of a conservancy district in Lake County or Marshall County. (IC 14-33-5-0.5 and IC 14-33-5.5, as added by HEA 1509, SECTIONS 1 and 3. Effective July 1, 1995. IC 14-33-5.4, as added by HEA 1509, SECTION 2. Effective January 1, 1996.)

10. The state census data advisory committee (with the assistance of the department of education) is to draft legislation to reorganize the very confused and complicated laws concerning the election of school board members and school-related referenda. The revision is required to repeal obsolete and conflicting legislation, but is to make as few substantive changes in this area of the law as possible. (HEA 1783, SECTION 161. Effective May 10, 1995.)

VOTING SYSTEMS

1. The procedures for establishing a county cumulative fund to purchase voting systems have been recodified. A cumulative fund no longer expires automatically. (IC 3-11-6-1, IC 3-11-6-9, IC 3-11-6-13, as amended by SEA 384, SECTIONS 1-3. IC 6-1.1-41, as added by SEA 384, SECTION 6. IC 3-11-6-2, IC 3-11-6-3,IC 3-11-6-4, IC 3-11-6-5, IC 3-11-6-7, IC 3-11-6-8, IC 3-11-6-10, IC 3-11-6-11, IC 3-11-6-12, and IC 3-11-6-14, as repealed by SEA 384, SECTION 45. Effective July 1, 1995.)

2. The Indiana voting systems advisory committee may not have more than four committee members who belong to the same political party. (Under former law, the partisan balance requirement applied to certain subcategories of committee membership.) A committee member who is an elected official, a deputy of an elected official, or an employee of state or local government is entitled to reimbursement for expenses incurred in committee service according to the policies established by the Indiana department of administration. (IC 3-11-4.5-2, as amended by HEA 1783, SECTION 102. Effective May 10, 1995. IC 3-11-4.5-5, as amended by HEA 1783, SECTION 102. Effective retroactive to May 12, 1991.)

3. The certification of a ballot card voting system approved by the state election board after April 22, 1992 and before July 1, 1993 expires July 1, 1998. (HEA 1783, SECTION 158. Effective May 10, 1995.)

WHAT DID NOT PASS IN 1995:

1. Establishment of a statewide interactive computerized voter registration system.
2. Denying homeless persons the right to register to vote in state and local elections.
3. Redistricting the Indiana house of representatives.
4. Permitting felons to serve in elected offices at some time after their incarceration.
5. Several campaign finance proposals, including restrictions on various types of corporate,
lobbyist, or political action committee contributions.
6. Permitting recall of elected officials.
7. Prescribing term limits for certain officials.
8. Authorizing advisory initiatives and referenda.
9. Placing a daylight savings time referenda on the 1996 primary ballot.
10. Establishing a standardized school board election date.
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