CHAPTER 11. STATE ADMINISTRATION OF VOTER REGISTRATION
IC 3-7-11
Chapter 11. State Administration of Voter Registration
IC 3-7-11-1
Designation of chief state election official
Sec. 1. The co-directors of the commission are jointly designatedunder 42 U.S.C. 1973gg-8 as the chief state election officialresponsible for the coordination of state responsibilities underNVRA.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.20.
IC 3-7-11-2
Duties of NVRA official
Sec. 2. The NVRA official shall do the following:
(1) Coordinate with the commission to oversee theimplementation and administration of NVRA by the state,county, municipal, and nongovernmental offices designated asregistration sites under this article.
(2) Develop training programs to assist the offices described insubdivision (1) in properly administering registration services.
(3) Protect the fundamental rights of voters.
(4) Consult with the federal Election Assistance Commissionunder 42 U.S.C. 1973gg-7 to develop a federal mail registrationform.
(5) Comply with 42 U.S.C. 1973gg-4(b) by making federal andstate mail registration forms available for distribution throughgovernmental and private entities, with particular emphasis onmaking the forms available for organized voter registrationprograms.
(6) Comply with 42 U.S.C. 1973gg-6(g) by notifying a countyregistration officer whenever the NVRA official receivesinformation from a United States attorney that:
(A) a person has been convicted of a felony in a districtcourt of the United States; or
(B) the conviction has been overturned.
(7) Receive notices from voter registration agencies in otherstates indicating that a person has registered in that state andrequests that the person's registration in Indiana be canceled.
(8) Forward notices received under subdivision (7) to theappropriate circuit court clerk or board of registration forcancellation of the voter's registration as provided in 42 U.S.C.1973gg-6(a)(3)(A).
(9) Assist the federal Election Assistance Commission under 42U.S.C. 1973gg-7(a)(3) by preparing reports concerning theimpact of NVRA on election administration in Indiana.
(10) Recommend improvements to the Federal ElectionCommission concerning federal and state procedures, forms, orother matters affected by NVRA.
(11) Develop public awareness programs to assist voters inunderstanding the services available to them under NVRA.As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.21;P.L.209-2003, SEC.20.
IC 3-7-11-3
Written notice of violation
Sec. 3. (a) This section applies when a person aggrieved by aviolation of:
(1) NVRA; or
(2) this article;
files a written notice of the violation with the NVRA official under42 U.S.C. 1973gg-9(b) or this chapter. A person who files a writtennotice of violation under this section must state in the notice whetherthe person has filed a written notice concerning the violation with thecircuit court clerk under IC 3-7-12.
(b) The NVRA official shall promptly provide a copy of thenotice by first class mail to:
(1) the person alleged to have committed the violation; and
(2) the members of the commission.
(c) Notwithstanding this chapter, a person aggrieved by aviolation of NVRA or this article may file a written notice ofviolation with the circuit court clerk of the county where theviolation allegedly occurred. If a person files a written notice withthe circuit court clerk, the NVRA official shall not beginenforcement procedures under this chapter regarding the complaintunless the person files a complaint with the NVRA official under thischapter.
(d) This subsection applies if the written notice of violationalleges that either co-director has committed a violation. Theaggrieved person shall file the written notice with the chair of thecommission. The chair of the commission shall perform the dutiesotherwise performed by the NVRA official concerning a writtennotice of violation.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.22.
IC 3-7-11-4
Determination of violation
Sec. 4. The NVRA official shall determine whether a notice filedunder section 3 of this chapter describes a violation of NVRA or thisarticle if the facts set forth in the notice are assumed to be true.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.23.
IC 3-7-11-5
Determination that no violation exists; persons to be notified
Sec. 5. If the NVRA official determines that the notice does notallege a violation of NVRA or this article, even if the facts set forthin the notice are assumed to be true, the NVRA official shall providea copy of the determination by certified mail to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation;
(3) the members of the commission; and (4) the attorney general.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.24.
IC 3-7-11-6
Investigation of violation
Sec. 6. If the NVRA official determines that the notice alleges aviolation of NVRA or this article if the facts set forth in the noticeare assumed to be true, the NVRA official shall conduct aninvestigation under IC 3-6-4.2.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.25;P.L.209-2003, SEC.21.
IC 3-7-11-7
Report of investigation; copies
Sec. 7. The NVRA official, upon completing the investigation,shall submit the results of the investigation to the commission, whoshall then issue a written report. The commission shall provide acopy of the report by certified mail to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation;
(3) the members of the commission; and
(4) the attorney general.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.26.
IC 3-7-11-8
Contents of report
Sec. 8. The report described in section 7 of this chapter must:
(1) indicate the date when the notice alleging the violation wasreceived by the NVRA official;
(2) contain findings of fact regarding the alleged violation ofNVRA or this article and state whether a violation of NVRA orthis article appears to have occurred;
(3) state what steps, if any, the person alleged to havecommitted the violation has taken to correct a violation or toprevent a reoccurrence of a violation;
(4) suggest any additional measures that could be taken tocorrect a violation;
(5) indicate the date when a violation was corrected or isexpected to be corrected; and
(6) indicate the number of days remaining after the issuance ofthe report until the next election will be conducted:
(A) for a federal office in the jurisdiction where the violationis alleged to have occurred if the notice alleges a violation ofNVRA; or
(B) for any other office or on any public question if thenotice alleges a violation of this article.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.27.
IC 3-7-11-9
Request for hearing Sec. 9. (a) Any member of the commission may request that thecommission conduct a hearing on the NVRA official's reportconcerning an alleged violation of NVRA or this article.
(b) The member must file a written request for a hearing undersubsection (a) with the NVRA official not later than noon, seven (7)days after the NVRA official's report was mailed under section 7 ofthis chapter.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.28.
IC 3-7-11-10
Hearing within 30 days
Sec. 10. The chairman of the commission shall convene thehearing as promptly as possible, but not later than thirty (30) daysafter the member files the request for a hearing under section 9 ofthis chapter.
As added by P.L.12-1995, SEC.20. Amended by P.L.2-1998, SEC.3.
IC 3-7-11-11
Duties of commission after hearing
Sec. 11. After concluding the hearing, the commission shall:
(1) affirm the report;
(2) amend the report; or
(3) refer the matter to the NVRA official for furtherinvestigation and submission of a subsequent report to thecommission.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.29.
IC 3-7-11-12
Written summary forwarded
Sec. 12. The commission shall forward a written summary of anyaction under section 11 of this chapter by certified mail to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation; and
(3) the attorney general.
As added by P.L.12-1995, SEC.20. Amended by P.L.2-1996, SEC.9.
IC 3-7-11-13
Declaratory or injunctive relief; written notice by person aggrieved
Sec. 13. (a) This section applies to an election for an electedoffice or on a public question that is not an election (as defined in 2U.S.C. 431(1) and referenced in 42 U.S.C. 1973gg-1(1)).
(b) The attorney general may file a civil action for declaratory orinjunctive relief necessary to carry out this article for the election.
(c) A person aggrieved by a violation of this article concerning theelection may provide written notice of the violation to the NVRAofficial.
(d) Notwithstanding subsection (c), a person aggrieved by aviolation of NVRA or this article may file a written notice ofviolation with the circuit court clerk of the county where theviolation allegedly occurred. If a person files a written notice with
the circuit court clerk, the NVRA official shall not beginenforcement procedures under this chapter regarding the complaintunless the person files a complaint with the NVRA official under thischapter.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.30.
IC 3-7-11-14
Procedures for notice; remedies and procedures for aggrievedperson if violation not corrected
Sec. 14. (a) This section applies to a written notice filed undersection 13 of this chapter.
(b) The NVRA official and the members of the commission shallcomply with the procedures set forth in sections 3 through 12 of thischapter in taking action concerning the notice.
(c) The aggrieved person may file a civil action if the violation isnot corrected:
(1) within ninety (90) days after the NVRA official receives thenotice; or
(2) within twenty (20) days after the NVRA official receives thenotice if the violation occurs not later than one hundred twenty(120) days before the election occurs.
(d) The aggrieved person must provide written notice of theviolation to the NVRA official under this section before filing a civilaction unless the violation occurs less than thirty (30) days before theelection occurs.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.31.
IC 3-7-11-15
Attorney's fees
Sec. 15. (a) This section applies to a civil action filed undersection 14 of this chapter.
(b) A court may allow the prevailing party (other than the state ofIndiana) reasonable attorney's fees, including litigation expenses, andcosts.
(c) The civil action is in addition to any other rights and remediesprovided by law.
As added by P.L.12-1995, SEC.20.