CHAPTER 4.2. ELECTION DIVISION
IC 3-6-4.2
Chapter 4.2. Election Division
IC 3-6-4.2-1
Establishment
Sec. 1. The election division is established within the office of thesecretary of state.
As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-2
Administration
Sec. 2. (a) The secretary of state shall perform all ministerialduties related to the administration of elections by the state.
(b) The election division shall assist the commission and thesecretary of state in the administration of this title.
As added by P.L.8-1995, SEC.19. Amended by P.L.3-1997, SEC.29.
IC 3-6-4.2-2.5
Election division to assist secretary of state in HAVAadministration
Sec. 2.5. The election division shall assist the secretary of state inthe implementation of HAVA.
As added by P.L.209-2003, SEC.8.
IC 3-6-4.2-3
Co-directors
Sec. 3. (a) The governor shall appoint two (2) co-directors for theelection division.
(1) The co-directors shall do the following:
(A) Carry out the policies, decisions, and recommendationsof the commission.
(B) Maintain an office for the election division.
(b) The co-directors may not be members of the same politicalparty.
(c) The co-directors have equal authority and responsibilitiesunder this title.
(d) The co-directors must:
(1) be classified the same under the state's personnel system;and
(2) except for differences due to years of service as co-directors,receive the same compensation.
As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-3.2
Co-directors; terms
Sec. 3.2. A co-director serves a term of four (4) years, beginningJanuary 1, 1999, and continuing until the co-director's successor hasbeen appointed and qualified.
As added by P.L.3-1997, SEC.30.
IC 3-6-4.2-4
Employees
Sec. 4. The co-directors shall employ other employees asnecessary in the execution of the powers and duties of thecommission.
As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-5
Political affiliation of employees
Sec. 5. The employees of the election division must be dividedequally between the major political parties of the state.
As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-6
Number of employees
Sec. 6. Subject to section 5 of this chapter, the co-directors mayeach employ an equal number of employees.
As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-7
Funding for employees
Sec. 7. Equal funding shall be provided to each co-director withwhich to employ employees under section 6 of this chapter.
As added by P.L.8-1995, SEC.19. Amended by P.L.66-2003, SEC.3.
IC 3-6-4.2-8
Vacancy in co-director position
Sec. 8. (a) When a vacancy in a co-director position occurs, thesecretary of state shall notify the governor and the state chairman ofthe political party of which the individual vacating the position is amember.
(b) The state chairman may submit to the governor in writing,within thirty (30) days after notice of the vacancy, the names of two(2) individuals to fill the vacancy. If the state chairman submits thenames of two (2) individuals within the thirty (30) day period, thegovernor shall appoint one (1) of the two (2) individuals to fill thevacancy. If the state chairman fails to submit the names of two (2)individuals within the thirty (30) day period, the governor shall,within another ten (10) days, appoint an individual of the samepolitical party as the state chairman to fill the vacancy.
(c) If a state chairman fails to submit in writing the name of aqualified successor within thirty (30) days after the state chairman isnotified by the secretary of state of a vacancy, the governor shall:
(1) appoint a member of the political party of the state chairmanto fill the vacancy; and
(2) notify the state chairman of the selection.
(d) The state chairman may disapprove the selection by notifyingthe governor within seven (7) days after receiving notice of thegovernor's appointment. If the state chairman disapproves theselection within the seven (7) day period, the governor shall make
another appointment under subsection (b) which is subject todisapproval of the state chairman under this subsection. If the statechairman does not disapprove the appointment within the seven (7)day period, the individual appointed by the governor shall beemployed as the co-director.
As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-9
Budget estimates
Sec. 9. The secretary of state shall submit biennial budgetestimates for the commission and the election division in the mannerand form required by law. Funds shall be expended only in themanner and form required by law.
As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-10
Audits and investigations
Sec. 10. (a) An audit or investigation authorized by thecommission concerning administration of election laws shall beconducted by at least two (2) state employees divided equallybetween the major political parties of the state.
(b) Notwithstanding subsection (a) or any statutory provisions tothe contrary, the co-directors shall assist in the following actionsupon authorization of the commission:
(1) A hearing or an investigation conducted by the commissionunder:
(A) IC 3-7-11 (voter registration violations under NVRA orIC 3-7); or
(B) IC 3-9-4-15 (campaign finance violations).
(2) An examination or a test of a voting system for thecommission.
As added by P.L.8-1995, SEC.19. Amended by P.L.4-1996, SEC.12.
IC 3-6-4.2-11
Reserved
IC 3-6-4.2-12
Duties
Sec. 12. The election division shall do the following:
(1) Maintain complete and uniform descriptions and maps of allprecincts in Indiana.
(2) Promptly update the information required by subdivision (1)after each precinct establishment order is filed with thecommission under IC 3-11-1.5.
(3) Issue media watcher cards under IC 3-6-10-6.
(4) Prepare and transfer to the department of state revenue voterregistration affidavits for inclusion in state adjusted grossincome tax booklets under IC 6-8.1-3-19.
(5) Serve in accordance with 42 U.S.C. 1973ff-1(b) as the officein Indiana responsible for providing information regarding voter
registration procedures and absentee ballot procedures to absentuniformed services voters and overseas voters.
(6) As required by 42 U.S.C. 1973ff-1(c), submit a report to thefederal Election Assistance Commission not later than ninety(90) days after each general election setting forth the combinednumber of absentee ballots:
(A) transmitted to absent uniformed services voters andoverseas voters for the election; and
(B) returned by absent uniformed services voters andoverseas voters and cast in the election.
(7) Implement the state plan in accordance with therequirements of HAVA (42 U.S.C. 15401 through 15406) andthis title, and appoint members of the committee establishedunder 42 U.S.C. 15405.
(8) Submit reports required under 42 U.S.C. 15408 to thefederal Election Assistance Commission concerning the use offederal funds under Title II, Subtitle D, Part I of HAVA.
As added by P.L.3-1997, SEC.31. Amended by P.L.209-2003, SEC.9;P.L.221-2005, SEC.8.
IC 3-6-4.2-12.1
State HAVA plan; HAVA committee; membership; per diem;expenses
Sec. 12.1. (a) This section applies to the development,implementation, and amendment of the state plan under HAVA (42U.S.C. 15401 through 15406).
(b) An individual appointed by the co-directors to serve on thecommittee established to develop the state plan to implement HAVAunder 42 U.S.C. 15405 is entitled to receive the compensation orreimbursement provided under subsection (d) or (e).
(c) For purposes of subsection (d), an individual who holds:
(1) a state office is considered an employee of the state; or
(2) an office of a political subdivision is considered anemployee of the political subdivision.
(d) Each member of the committee who is not a state employee oran employee of a political subdivision is entitled to receive both ofthe following:
(1) The minimum salary per diem provided byIC 4-10-11-2.1(b).
(2) Reimbursement for travel expenses and other expensesactually incurred in connection with the member's duties, asprovided in the state travel policies and procedures establishedby the Indiana department of administration and approved bythe budget agency.
(e) Each member of the committee who is a state employee or anemployee of a political subdivision is entitled to reimbursement fortravel expenses and other expenses actually incurred in connectionwith the member's duties, as provided in the state travel policies andprocedures established by the Indiana department of administrationand approved by the budget agency. (f) The committee's expenses, including the payment of per diemand reimbursements under this section, shall be paid from the Section101 account of the election administration assistance fundestablished under IC 3-11-6.5.
As added by P.L.209-2003, SEC.10.
IC 3-6-4.2-12.5
Duty of secretary of state to apply for grants for accessibility ofpolling places to disabled voters; information regarding accessiblepolling places; consent of co-directors
Sec. 12.5. (a) As authorized under 42 U.S.C. 15421, the secretaryof state with the consent of the co-directors of the election divisionshall apply to the Secretary of Health and Human Services forpayments under the HAVA (42 U.S.C. 15421 through 15425) to dothe following:
(1) Make polling places (including the path of travel, entrances,exits, and voting areas of each polling place) more accessible toindividuals with disabilities, including the blind and visuallyimpaired, in a manner that provides the same opportunity foraccess and participation (including privacy and independence)as other voters.
(2) Provide individuals with disabilities and other individualsdescribed in subdivision (1) with information about theaccessibility of polling places, including outreach programs toinform the individuals about the availability of accessiblepolling places and training election officials, poll workers, andelection volunteers on how best to promote the access andparticipation of individuals with disabilities in elections.
(b) If the secretary of state receives payments from the Secretaryof Health and Human Services under 42 U.S.C. 15421 through15425, the election division shall expend the money as described inthe application submitted under 42 U.S.C. 15423.
As added by P.L.209-2003, SEC.11.
IC 3-6-4.2-13
Assistance from state police department
Sec. 13. (a) The state police department and all state policeofficers shall assist the election division, on request, in theenforcement of the election laws and the discharge of the electiondivision's duties, including the use of state police radio andtelephone service on election days.
(b) The state police department or a state police officer may notsupplant or interfere with a local law enforcement officer or precinctelection officer in the discharge of official duties.
As added by P.L.3-1997, SEC.32.
IC 3-6-4.2-14
Members of county election boards and boards of registration;instructional meeting; compensation and expenses
Sec. 14. (a) Each year in which a general or municipal election is
held, the election division shall call a meeting of all the members ofthe county election boards and the boards of registration to instructthem as to their duties under this title and federal law (includingHAVA and NVRA). The election division may, but is not requiredto, call a meeting under this section during a year in which a generalor a municipal election is not held.
(b) Each circuit court clerk shall attend a meeting called by theelection division under this section.
(c) The codirectors of the election division shall set the time andplace of the instructional meeting. In years in which a primaryelection is held, the election division:
(1) may conduct the meeting before the first day of the year;and
(2) shall conduct the meeting before primary election day.
The instructional meeting may not last for more than two (2) days.
(d) Each member of a county election board or board ofregistration and an individual who has been elected or selected toserve as circuit court clerk but has not yet begun serving in thatoffice is entitled to receive all of the following from the countygeneral fund without appropriation:
(1) A per diem of twenty-four dollars ($24) for attending theinstructional meeting called by the election division under thissection.
(2) A mileage allowance at the state rate for the distancenecessarily traveled in going and returning from the place of theinstructional meeting called by the election division under thissection.
(3) Reimbursement for the payment of the instructional meetingregistration fee.
(4) An allowance for lodging for each night precedingconference attendance equal to the lodging allowance providedto state employees in travel status.
As added by P.L.3-1997, SEC.33. Amended by P.L.38-1999, SEC.5;P.L.26-2000, SEC.2; P.L.209-2003, SEC.12; P.L.120-2009, SEC.2.