HB 1365 IN

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Became Law

Defines "anomaly" and amends the definitions of "ballot label," "de minimis change," "electronic poll book," and "state office". Requires the entry of filing information concerning all candidates into the statewide voter registration system. Requires, for voting systems initially certified for marketing and use in Indiana after January 1, 2022, certain universally recognized symbols of a candidate's legal name to be displayed. Allows the secretary of state to provide parts and reports from the voter registration system information from the computerized list to law enforcement officials conducting an investigation if certain requirements are met. Requires election certification documents to be filed only through the statewide voter registration system. Provides that the precinct judge performs the duties of a precinct election sheriff under certain circumstances. Allows the cancellation of the registration of a deceased person based on a notice published by a funeral director or embalmer on the Internet web site of the funeral director or embalmer. Describes the process by which the name of an Indiana resident who has been imprisoned for conviction of a crime in another state is removed from the voter registration list. Provides that a person is disqualified from assuming or being a candidate for an elected office if the person is a nonjudicial court employee who would violate Rule 4.6 of the Indiana Code of Judicial Conduct by being the candidate of a political party for nomination or election to an elected office or a political party office. Makes changes to the formatting of nonpartisan judicial offices on the ballot. Provides that a candidate is considered affiliated with a particular political party for purposes of determining whether the candidate is qualified to be on that party's primary election ballot if the two most recent primary elections in which the candidate voted were primary elections held by the political party with which the candidate claims affiliation. (Under current law, only the most recent primary election that the candidate voted in must have been held by the political party with which the candidate claims affiliation.) Requires ballots to have precinct numbers or designations. Requires retention of electronic poll book information for the same retention period as other election records. Provides that ballot proofs be made available for inspection 67 days before the date of the election. Permits a county election board to authorize the use of absentee ballots by voters when a state disaster emergency is declared or a county disaster emergency is declared within 11 days of an election. Requires that an absentee ballot application requesting that an absentee ballot be sent by mail or by traveling board submitted to a county using the statewide voter registration system must include a telephone number to contact the applicant; permits the applicant to include the applicant's electronic mail address. Provides that if an application for an absentee ballot is denied, the county election board must provide the voter in writing with the reasons for the denial of the application. (Under current law, only absent uniformed services voters or overseas voters are required to be provided with notice of denial of an absentee ballot application.) Provides that, with certain exceptions, an individual must be a citizen of the United States to be permitted in the polls during an election and authorizes the secretary of state to grant exceptions. Authorizes a voter board visiting a voter with an illness or injury or a voter who is caring for a confined person at a private residence to use an electronic poll book. Specifies the procedure when a voter leaves the clerk's office or satellite office without casting the voter's absentee ballot for the vote to be cast by the absentee voter board. Specifies the requirements for the timing and security of the bipartisan initialing of absentee ballots. Increases the amount of time a voter has to vote in a primary election from three minutes to five minutes and the amount of time to vote in a general, municipal, or special election from two minutes to four minutes. Adds requirements for testing of voting systems before an election. Specifies the procedure requiring the reporting of problems experienced with voting systems or electronic poll books. Adds requirements for disposing of voting system units. Requires a voting system to contain features to ensure that unauthorized software has not been installed on the equipment, and to permit the electronic adjudication of voter intent on ballots cast using the voting system. Provides that any electronic device used to create a ballot file or program a voting system, or used with election management software, may not be connected to the Internet. Requires the Voting System Technical Oversight Program to conduct random audits of voting systems and electronic poll books in odd-numbered years. Requires a precinct election officer, in the case of a voter who casts a provisional ballot, or an absentee voter board, in the case of a voter who casts an absentee ballot that is treated as a provisional ballot, to provide both orally and in writing an explanation of the steps the voter must take in order to have the voter's ballot counted. Requires the election division to prescribe the form of the explanation. Requires the circuit court clerk to notify a voter who casts a provisional ballot not later than three days after election day concerning: (1) the reasons that the voter's ballot is being treated as a provisional ballot; (2) what actions, if any, that the voter must take in order to have the voter's ballot counted; (3) the deadline by which the voter must act to have the voter's ballot counted; and (4) certain contact information that the provisional voter may use to find out about the provisional voter's ballot. Requires that the notice must be in a form prescribed by the election division. Specifies procedures for the return of an electronic poll book or a voting system from the polls of the precinct or from the vote centers after the close of the polls on election day. Extends the deadline for filling a post-primary candidate vacancy from noon on June 30 to noon on July 3 and after July 3 in case of certain successful challenges to a candidate. Amends procedures for candidate filings to fill ballot vacancies in certain cases. Updates statutes setting schedules for upcoming elections. Repeals the current statute concerning the referral of a disputed ballot to a judge when a recount or contest has not been filed. Makes technical changes. Makes conforming amendments. Repeals obsolete provisions.

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

1. Jan 14, 2021 Authored by Representative Wesco · lower
2. Jan 14, 2021 First reading: referred to Committee on Elections and Apportionment · lower
3. Feb 2, 2021 Committee report: amend do pass, adopted · lower
4. Feb 4, 2021 Amendment #11 (Pfaff) failed; Roll Call 60: yeas 28, nays 66 · lower
5. Feb 4, 2021 Amendment #1 (Errington) failed; Roll Call 61: yeas 24, nays 70 · lower
6. Feb 4, 2021 Amendment #8 (Pryor) failed; Roll Call 62: yeas 24, nays 67 · lower
7. Feb 4, 2021 Amendment #12 (Pryor) failed; Roll Call 63: yeas 29, nays 61 · lower
8. Feb 4, 2021 Amendment #10 (Pierce) failed; voice vote · lower
9. Feb 4, 2021 Amendment #2 (Boy) failed; voice vote · lower
10. Feb 4, 2021 Amendment #3 (Boy) failed; Roll Call 64: yeas 25, nays 61 · lower
11. Feb 4, 2021 Amendment #4 (Boy) failed; Roll Call 65: yeas 26, nays 66 · lower
12. Feb 4, 2021 Amendment #5 (Boy) failed; voice vote · lower
13. Feb 4, 2021 Amendment #6 (Boy) failed; voice vote · lower
14. Feb 4, 2021 Amendment #7 (Boy) failed; voice vote · lower
15. Feb 4, 2021 Second reading: ordered engrossed · lower
16. Feb 4, 2021 Representative Manning added as coauthor · lower
17. Feb 8, 2021 Senate sponsors: Senators Ford Jon and Walker G · lower
18. Feb 8, 2021 Third reading: passed; Roll Call 87: yeas 83, nays 13 · lower
19. Feb 9, 2021 Referred to the Senate · lower
20. Feb 23, 2021 First reading: referred to Committee on Elections · upper
21. Mar 15, 2021 Committee report: amend do pass, adopted · upper
22. Mar 23, 2021 Amendment #12 (Walker G) prevailed; voice vote · upper
23. Mar 23, 2021 Amendment #13 (Walker G) prevailed; voice vote · upper
24. Mar 23, 2021 Amendment #11 (Houchin) prevailed; voice vote · upper
25. Mar 23, 2021 Amendment #3 (Ford J.D.) prevailed; voice vote · upper
26. Mar 23, 2021 Amendment #4 (Ford J.D.) failed; Roll Call 250: yeas 10, nays 39 · upper
27. Mar 23, 2021 Amendment #5 (Ford J.D.) failed; Roll Call 251: yeas 10, nays 39 · upper
28. Mar 23, 2021 Amendment #1 (Taylor G) failed; Roll Call 252: yeas 13, nays 36 · upper
29. Mar 23, 2021 Amendment #14 (Breaux) failed; voice vote · upper
30. Mar 23, 2021 Second reading: amended, ordered engrossed · upper
31. Mar 29, 2021 Third reading: passed; Roll Call 279: yeas 48, nays 1 · upper
32. Mar 30, 2021 Returned to the House with amendments · upper
33. Apr 5, 2021 Motion to dissent filed · lower
34. Apr 6, 2021 House dissented from Senate amendments · lower
35. Apr 8, 2021 Senate conferees appointed: Ford Jon and Ford J.D. · upper
36. Apr 8, 2021 Senate advisors appointed: Walker G and Qaddoura · upper
37. Apr 8, 2021 House conferees appointed: Wesco and Pfaff · lower
38. Apr 8, 2021 House advisors appointed: Manning, Payne and Pierce · lower
39. Apr 20, 2021 CCR # 1 filed in the House · lower
40. Apr 20, 2021 CCR # 1 filed in the Senate · upper
41. Apr 21, 2021 Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 480: yeas 85, nays 2 · lower
42. Apr 21, 2021 Conference Committee Report 1: adopted by the Senate; Roll Call 476: yeas 49, nays 0 · upper
43. Apr 22, 2021 Signed by the Speaker · lower
44. Apr 23, 2021 Signed by the President Pro Tempore · upper
45. Apr 28, 2021 Signed by the President of the Senate · upper
46. Apr 29, 2021 Signed by the Governor · executive
47. Apr 29, 2021 Public Law 193 · lower

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 House Bill (H) · Apr 21, 2021 · PDF
• Introduced House Bill (H) · Jan 11, 2021 · PDF
• House Bill (H) · Feb 2, 2021 · PDF
• House Bill (S) · Mar 15, 2021 · PDF
• Engrossed House Bill (S) · Mar 23, 2021 · PDF