CHAPTER 12. COUNTY ADMINISTRATION OF VOTER REGISTRATION
IC 3-7-12
Chapter 12. County Administration of Voter Registration
IC 3-7-12-1
Duties of circuit court clerk
Sec. 1. (a) This section does not apply to the following counties:
(1) A county in which a board of elections and registration isestablished under IC 3-6-5.2 or IC 3-6-5.4.
(2) A county in which a board of registration is established:
(A) by this chapter; or
(B) by a county acting under this chapter.
(b) The circuit court clerk:
(1) is the voter registration officer of each county; and
(2) shall supervise the registration of voters of the county.
As added by P.L.12-1995, SEC.21. Amended by P.L.144-2001,SEC.4.
IC 3-7-12-2
"Board of registration" defined
Sec. 2. As used in this chapter, "board of registration" includes aboard of elections and registration established under IC 3-6-5.2 orIC 3-6-5.4.
As added by P.L.12-1995, SEC.21. Amended by P.L.14-2000, SEC.1;P.L.144-2001, SEC.5.
IC 3-7-12-3
Counties with population over 125,000; establishment of board ofregistration
Sec. 3. (a) Except as provided in subsection (b), a board ofregistration is established in each county having a population of morethan one hundred twenty-five thousand (125,000).
(b) A board of registration is not established in a county that hasa board of elections and registration established under IC 3-6-5.2 orIC 3-6-5.4.
As added by P.L.12-1995, SEC.21. Amended by P.L.144-2001,SEC.6.
IC 3-7-12-4
Orders establishing board of registration
Sec. 4. The county executive of a county not described in section2 or 3 of this chapter may adopt an order to establish a board ofregistration.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-5
Effective date of order
Sec. 5. (a) Except as provided in subsection (b), an order adoptedunder section 4 of this chapter takes effect immediately.
(b) An order adopted during the final sixty (60) days before anelection becomes effective on the day following the election.As added by P.L.12-1995, SEC.21.
IC 3-7-12-6
Seal
Sec. 6. Each board of registration shall have a seal. The boardshall record a description of the seal with the county election board.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-7
Duties of board of registration
Sec. 7. A board of registration established under this chapter shallsupervise the registration of voters of the county.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-8
Members
Sec. 8. A board of registration consists of two (2) persons.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-9
Method of appointment
Sec. 9. The county chairmen of the major political parties of acounty that has a board of registration shall each appoint one (1)member of the board. The two (2) appointed persons must be votersof the county.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-10
Length of term
Sec. 10. A person appointed a member of a board of registrationserves a term of two (2) years beginning January 1 of eachodd-numbered year and until the person's successor is appointed andqualifies.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-11
Member serves at pleasure of county chairman
Sec. 11. Notwithstanding section 10 of this chapter, a member ofa board of registration serves at the pleasure of the county chairmanwhose political party initially appointed the person.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-12
Term of incumbent registration officers
Sec. 12. In a county that establishes a board of registration underthis chapter, the incumbent registration officers serve until themembers of the board of registration are appointed and qualified.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-13
Oath of members
Sec. 13. Before discharging any duties under this article, amember of the board of registration must take an oath that themember will faithfully and honestly discharge the member's duty.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-14
Filling of vacancies
Sec. 14. A vacancy on the board shall be filled in the same manneras the initial appointment was made.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-15
Salary of board member
Sec. 15. The salary of a board of registration member shall befixed in the manner prescribed by IC 36-2-5 or IC 36-3-6 and paidout of the county general fund under IC 3-5-3-1 as other electionexpenses are paid.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-16
Payment of salary upon proper certification
Sec. 16. The payment of a salary under this chapter shall be madeupon proper certification by the board of registration.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-17
Appointment of chief clerk
Sec. 17. In a county having a population of at least four hundredthousand (400,000), the board of registration shall appoint two (2)chief clerks who are members of different political parties.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-18
Salary of chief clerk
Sec. 18. The salary of a chief clerk appointed under section 17 ofthis chapter shall be:
(1) fixed in the manner prescribed by IC 36-2-5 or IC 36-3-6;and
(2) paid as provided in IC 3-5-3-1.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-19
Employees of board of registration
Sec. 19. A board of registration may employ all necessaryassistants. The number of employees shall be divided equallybetween the major political parties of the county.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-20
Written recommendations for employees required
Sec. 20. An employee may not be appointed until the board ofregistration receives the written recommendation of the countychairman of the appropriate major political party of the county.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-21
Salary of employees
Sec. 21. The salary of an employee shall be:
(1) fixed in the manner prescribed by IC 36-2-5 or IC 36-3-6;and
(2) paid as provided in IC 3-5-3-1.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-22
Circuit court clerk as voter registration officer; per diemcompensation
Sec. 22. In a county where the circuit court clerk serves as voterregistration officer, the clerk is entitled to per diem compensation.The per diem shall be paid out of the general fund of the county inthe same manner as election expenses are paid.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-23
Substation registration boards
Sec. 23. (a) A circuit court clerk or board of registration mayestablish substation registration boards as necessary to ensureadequate opportunity for persons to register to vote.
(b) The registration officers comprising a substation board mustbe equally divided between the two (2) major political parties of thecounty.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-24
Listing in local telephone directory
Sec. 24. The circuit court clerk or board of registration shallarrange for a separate listing in each local telephone directory, underthe heading of county offices. The listing must be styled "VoterRegistration" and include the appropriate addresses and telephonenumbers of voter registration offices.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-25
Dispute resolution and interpretation of law by county electionboard
Sec. 25. If a board of registration is unable to resolve a disputeamong its members, or with the circuit court clerk, and requires aninterpretation or clarification of the law, the board shall refer thematter to the county election board for determination.As added by P.L.12-1995, SEC.21.
IC 3-7-12-26
Funds for voter list maintenance activity and mailing of notices
Sec. 26. Each county fiscal body shall appropriate an adequateamount of funds for the circuit court clerk or board of registration toconduct:
(1) the voter list maintenance activity under this article; and
(2) the mailing of notices required under the voter listmaintenance program.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-27
Cancellation of registration as provided by voter list maintenanceprogram; form and content of affidavit
Sec. 27. (a) The circuit court clerk or board of registrationmembers shall, following the cancellation of voter registrations asprovided by the voter list maintenance program under this article, filean affidavit under affirmation with the election division.
(b) The affidavit must be on a form prescribed by the commissionand must state that the clerk or board has:
(1) conducted the voter list maintenance program under thisarticle; and
(2) canceled the registrations required under the voter listmaintenance program.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.10;P.L.14-2004, SEC.17.
IC 3-7-12-28
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-7-12-28.1
Report to be filed with election division; contents
Sec. 28.1. (a) In addition to the reports required for the statewidevoter file, the county voter registration office shall file a report withthe election division not later than noon January 31 of each year.
(b) The report must include the following:
(1) Any revisions to the county NVRA implementation planadopted during the preceding year.
(2) Other data prescribed by the division.
As added by P.L.209-2003, SEC.23. Amended by P.L.164-2006,SEC.6.
IC 3-7-12-29
Applicability of procedures
Sec. 29. The procedures described in sections 31 through 40 ofthis chapter apply to all elections.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-30
Written notice of violation; copies
Sec. 30. (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 circuit court clerk ofthe county where the violation occurred.
(b) The clerk shall promptly provide a copy of the notice by firstclass mail to:
(1) the person alleged to have committed the violation;
(2) the members of the county election board; and
(3) the NVRA official.
As added by P.L.12-1995, SEC.21. Amended by P.L.8-1995, SEC.32.
IC 3-7-12-31
Determination of violation
Sec. 31. The circuit court clerk shall determine whether a noticefiled under section 30 of this chapter describes a violation of NVRAor this article if the facts set forth in the notice are assumed to betrue. The clerk may consult with the NVRA official in making adetermination under this section.
As added by P.L.12-1995, SEC.21. Amended by P.L.8-1995, SEC.33.
IC 3-7-12-32
Determination that no violation exists; persons to be notified
Sec. 32. If the circuit court clerk determines that the notice doesnot allege a violation of NVRA or this article, even if the facts setforth in the notice are assumed to be true, the clerk shall provide acopy 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 county election board; and
(4) the NVRA official.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.12.
IC 3-7-12-33
Investigation of violation by circuit court clerk
Sec. 33. If the circuit court clerk determines that the notice allegesa violation of NVRA or this article if the facts set forth in the noticeare assumed to be true, the clerk shall conduct an investigation underIC 3-6-5.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-34
Report of investigation; copies
Sec. 34. Upon completing the investigation, the circuit court clerkshall issue a written report. The clerk shall provide a copy of thereport 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 county election board; and
(4) the NVRA official.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.13.
IC 3-7-12-35
Contents of report
Sec. 35. The report described in section 34 of this chapter must:
(1) indicate the date when the notice alleging the violation wasreceived by the circuit court clerk;
(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.21. Amended by P.L.2-1997, SEC.3.
IC 3-7-12-36
Request for hearing
Sec. 36. (a) A member of the county election board may requestthat the board conduct a hearing on the circuit court clerk'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 clerk not later than noon, seven (7) days afterthe clerk's report was mailed under section 34 of this chapter.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-37
Hearing within 30 days
Sec. 37. The chairman of the county election board shall convenethe hearing as promptly as possible, but not later than thirty (30) daysafter the member files the request for a hearing under section 36 ofthis chapter.
As added by P.L.12-1995, SEC.21.
IC 3-7-12-38
Duties of county election board after hearing
Sec. 38. After concluding the hearing, the county election board
shall:
(1) affirm the report;
(2) amend the report;
(3) refer the matter to the circuit court clerk for furtherinvestigation and submission of a subsequent report to theboard; or
(4) refer the matter to the NVRA official.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.14;P.L.209-2003, SEC.24.
IC 3-7-12-39
Written summary forwarded
Sec. 39. The county election board shall forward a writtensummary of any action under section 38 of this chapter by certifiedmail to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation; and
(3) the NVRA official.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.15;P.L.2-1997, SEC.4.
IC 3-7-12-40
Right to file written notice with NVRA official
Sec. 40. (a) A person who files a written notice of violation withthe circuit court clerk under section 30 of this chapter retains theright to file a written notice of alleged violation with the NVRAofficial.
(b) If the clerk or county election board is notified that the personhas filed a notice of violation with the NVRA official prior to theconclusion of the county hearings, the clerk or county election boardshall dismiss the county proceeding.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.16;P.L.3-1997, SEC.55.
IC 3-7-12-41
Actions of employees or volunteers at county voter registrationoffices
Sec. 41. As provided in 42 U.S.C. 1973gg-5(a)(5), an employeeor volunteer of a county voter registration office may not do any ofthe following:
(1) Seek to influence an applicant's political preference or partyregistration.
(2) Display any political preference or party allegiance,including pictures, photographs, or other likenesses of anycurrently elected federal, state, county, or local official.
(3) Make any statement to an applicant or take any action thepurpose or effect of which is to discourage the applicant fromregistering to vote.
(4) Make any statement to an applicant or take any action thepurpose or effect of which is to lead the applicant to believe that
a decision whether or not to register has any bearing on theavailability of services or benefits.
As added by P.L.176-1999, SEC.20.