SB 398 IN

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Became Law

Provides that a political subdivision that conducts or administers an election may not receive or expend funds received from a person (other than from the state or from the federal government) for preparing, administering, or conducting elections, including registering voters. Requires the election division (instead of the Indiana election commission) to prescribe a uniform generic seal for use on certain ballots when the circuit court clerk is a candidate on the ballot. Requires certification by the county chairman of a candidate in a political party primary or town convention if the candidate cast a nonpartisan ballot at the most recent primary election in which the candidate voted. Requires that the notice of an election must include the dates, times, and locations of voting at the circuit court clerk's office and at satellite offices. Provides that notices of elections must be published not later than 21 days before election day. (Under current law, these notices must be published at least 10 days before the date of the election.) Prohibits the printing of an independent or political party device on a ballot under specified circumstances. Specifies ballot placement of names when there are both at-large and district candidates in an election district. Specifies the manner in which a voter with print disabilities may request certain applications. Requires the secretary of state to develop a system relating to on-line ballot applications that complies with the Web Content Guidelines for accessibility. Provides that a member of the Indiana National Guard deployed or on assignment inside Indiana is entitled to vote by mail. Specifies that absent uniformed services voters or overseas voters are entitled to vote by mail using a combined form. Requires counties to mail absentee ballots by nonforwardable mail. Specifies the list of household family members who may assist an absentee voter. Prohibits counting a ballot that is deposited in a drop box or container that is not under the physical control and supervision of the county election board. Allows a county election board by unanimous vote to authorize an absentee voter board to visit a voter to complete an absentee ballot application and provide the voter with an absentee ballot. Permits absentee travel boards to use optical scan ballot card marking devices. Requires locations where absentee in person voting occurs to meet accessibility standards that apply to polling locations on election day. Prohibits a ballot label including a straight party ticket option in specified circumstances. Establishes standards for a marking device used in a voting system that contains features of both a ballot card voting system and an electronic voting system and produces a ballot card with the voter's choices. Establishes standards for voter verifiable paper audit trails. Establishes procedures for obtaining a replacement absentee ballot. Requires a county to compare signatures upon receipt of an absentee ballot and specifies the procedure. Sets forth a procedure if a county election board does not unanimously determine that an absentee ballot signature is genuine. Extends the time in which an absentee ballot must be received on election day from noon to 6 p.m. Allows all counties to open absentee ballot envelopes by machine (current law only allows for Marion County to use a machine to open ballots). Establishes procedures and forms for the curing of mismatched signatures involving an absentee ballot and unsigned absentee ballots. Allows an individual who is not a voter to serve as an absentee board member. States that the position of an absentee ballot counter or a provisional ballot counter is not a lucrative office for purposes of the Constitution of the State of Indiana. Allows a member of the Indiana state recount commission to appoint a proxy. Provides for a Level 6 felony for inducing or procuring another person to vote or refrain from voting for or against a candidate or public question at: (1) a caucus; or (2) the appointment of a candidate by a political party chairman or central committee officer; by giving, offering, or promising a person money or other property. Changes the deadline for certification of a public question relating to certain school referenda from 60 days to 74 days before the election. Specifies that individuals who change residence to outside of a school corporation less than 30 days before the election may not vote on public questions relating to the school corporation. Repeals language concerning absentee ballots (moving some language to central voting statutes). Makes technical corrections.

• Greg Walker Republican · author
• Jon Ford · author
• Timothy Wesco Republican · sponsor

1. Jan 14, 2021 Authored by Senator Walker G · upper
2. Jan 14, 2021 First reading: referred to Committee on Elections · upper
3. Feb 9, 2021 Committee report: amend do pass, adopted · upper
4. Feb 11, 2021 Amendment #3 (Walker G) prevailed; voice vote · upper
5. Feb 11, 2021 Amendment #1 (Ford J.D.) failed; voice vote · upper
6. Feb 11, 2021 Amendment #2 (Ford J.D.) failed; Division of the Senate: yeas 10, nays 36 · upper
7. Feb 11, 2021 Second reading: amended, ordered engrossed · upper
8. Feb 11, 2021 Senator Ford Jon added as second author · upper
9. Feb 15, 2021 House sponsor: Representative Wesco · upper
10. Feb 15, 2021 Cosponsors: Representatives Clere and Manning · upper
11. Feb 15, 2021 Third reading: passed; Roll Call 116: yeas 46, nays 0 · upper
12. Feb 16, 2021 Referred to the House · upper
13. Mar 2, 2021 First reading: referred to Committee on Elections and Apportionment · lower
14. Mar 18, 2021 Committee report: amend do pass, adopted · lower
15. Mar 25, 2021 Amendment #4 (Wesco) prevailed; voice vote · lower
16. Mar 25, 2021 Amendment #1 (Pryor) prevailed; voice vote · lower
17. Mar 25, 2021 Amendment #2 (Pierce) ruled out of order · lower
18. Mar 25, 2021 Second reading: amended, ordered engrossed · lower
19. Mar 25, 2021 Appeal the ruling of the chair (Pierce); ruling of the chair sustained Roll Call 300: yeas 58, nays 30 · lower
20. Mar 29, 2021 Third reading: passed; Roll Call 318: yeas 93, nays 0 · lower
21. Mar 30, 2021 Returned to the Senate with amendments · lower
22. Apr 13, 2021 Motion to concur filed · upper
23. Apr 15, 2021 Senate concurred in House amendments; Roll Call 447: yeas 40, nays 2 · upper
24. Apr 20, 2021 Signed by the President Pro Tempore · upper
25. Apr 21, 2021 Signed by the Speaker · lower
26. Apr 22, 2021 Signed by the President of the Senate · upper
27. Apr 23, 2021 Signed by the Governor · executive
28. Apr 23, 2021 Public Law 109 · upper

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Enrolled Senate Bill (S) · Apr 15, 2021 · PDF
• Introduced Senate Bill (S) · Jan 14, 2021 · PDF
• Senate Bill (S) · Feb 9, 2021 · PDF
• Engrossed Senate Bill (S) · Feb 11, 2021 · PDF
• Senate Bill (H) · Mar 18, 2021 · PDF
• Engrossed Senate Bill (H) · Mar 25, 2021 · PDF