CHAPTER 15. REGISTRATION PROCEDURES AT PUBLIC ASSISTANCE AGENCIES
IC 3-7-15
Chapter 15. Registration Procedures at Public AssistanceAgencies
IC 3-7-15-1
Purpose of chapter
Sec. 1. This chapter prescribes voter registration procedures inpublic assistance agencies as provided in 42 U.S.C.1973gg-5(a)(2)(A).
As added by P.L.12-1995, SEC.24.
IC 3-7-15-2
Offices providing public assistance for purposes of NVRA
Sec. 2. The general assembly finds that the following offices inIndiana provide public assistance within the scope of NVRA:
(1) Each county office established under IC 12-19-1-1 thatadministers:
(A) the Temporary Assistance for Needy Families program(TANF) under IC 12-14; or
(B) the Medicaid program under IC 12-15.
(2) Each office of the division of family resources thatadministers the food stamp program under federal law.
(3) Each office of the state department of health thatadministers the Special Supplemental Nutrition Program for theWomen, Infants and Children Program (WIC) underIC 16-35-1.5.
As added by P.L.12-1995, SEC.24. Amended by P.L.3-1995, SEC.23;P.L.145-2006, SEC.1; P.L.161-2007, SEC.1; P.L.146-2008, SEC.1;P.L.44-2009, SEC.1.
IC 3-7-15-3
Duty to distribute registration form
Sec. 3. As provided in 42 U.S.C. 1973gg-5(a)(4)(A)(i) and 42U.S.C. 1973gg-5(a)(6)(A), an office listed in section 2 of this chaptershall distribute a voter registration form prescribed under section 4of this chapter to each applicant for public assistance whenever theapplicant:
(1) applies for service or assistance;
(2) applies for recertification or renewal of services orassistance; or
(3) submits a change of address form relating to the service orassistance;
unless the applicant declines in writing to register to vote.
As added by P.L.12-1995, SEC.24.
IC 3-7-15-4
Design of registration form
Sec. 4. The commission shall prescribe the design of theregistration form for each office listed in section 2 of this chapter.
As added by P.L.12-1995, SEC.24. Amended by P.L.3-1997, SEC.56.
IC 3-7-15-5
Requirements of registration form
Sec. 5. The registration form prescribed under section 4 of thischapter must meet the following requirements:
(1) The form must be equivalent to the mail registration formprescribed by the commission under IC 3-7-31 and incompliance with 42 U.S.C. 1973gg-5(a)(6)(A)(ii).
(2) The form must include a statement that does the following:
(A) Sets forth each eligibility requirement for registration(including citizenship).
(B) Contains an attestation that the applicant meets each ofthe eligibility requirements.
(C) Requires the signature of the applicant, under penalty ofperjury, and the date the form was signed.
(3) The form must include the following as provided in 42U.S.C. 1973gg-5(a)(6)(B):
(A) A question reading "If you are not registered to votewhere you live now, would you like to apply to register tovote here today?".
(B) A statement reading "Applying to register or decliningto register to vote will not affect the amount of assistancethat you will be provided by this agency.".
(C) Boxes for the applicant to check to indicate whether theapplicant would like to register or declines to register tovote.
(D) A statement in close proximity to the boxes and inprominent type: "IF YOU DO NOT CHECK EITHER BOX,YOU WILL BE CONSIDERED TO HAVE DECIDED NOTTO REGISTER TO VOTE AT THIS TIME.".
(E) A statement reading "If you would like help in filling outthe voter registration application form, we will help you. Thedecision whether to seek or accept help is yours. You mayfill out the application form in private.".
(F) A statement reading "If you believe that someone hasinterfered with your right to register or to decline to registerto vote, or your right to choose your political party or otherpolitical preference, you may file a complaint with (insertthe title, address, and telephone number of the NVRAofficial). If you want you may first try to solve the problemby filing a complaint with the county voter registrationoffice of the county where the violation occurred.".
As added by P.L.12-1995, SEC.24. Amended by P.L.3-1997, SEC.57.
IC 3-7-15-6
Contents of declination form
Sec. 6. If the form used by an applicant to decline to register tovote is on a separate form from the voter registration application, thedeclination form must contain the following:
(1) A statement reading "If you decline to register to vote, thisis confidential, and can only be used for voter registration
purposes.".
(2) A statement reading "If you decide to register to vote,information about the office at which you register isconfidential, and can only be used for voter registrationpurposes.".
(3) A line for the signature of the person who declines toregister to vote.
(4) A line for the date that the person declined to register tovote.
As added by P.L.12-1995, SEC.24.
IC 3-7-15-7
Declination to register
Sec. 7. An applicant who fails to check either box described insection 5(3) of this chapter or to sign a separate declination formunder section 6 of this chapter shall be considered to have declinedto register.
As added by P.L.12-1995, SEC.24.
IC 3-7-15-8
Procedures for registration
Sec. 8. To register under this chapter, an individual must do thefollowing while on the premises of the office:
(1) Complete the voter registration application prescribed undersection 4 of this chapter.
(2) Present the application to an employee of the office.
As added by P.L.12-1995, SEC.24.
IC 3-7-15-9
Duties of employees in providing application
Sec. 9. An employee of the office who provides an individual withan application for assistance or services under section 3 of thischapter shall do the following:
(1) Inform each individual who applies for assistance orservices that the information the individual provides on theindividual's voter registration application will be used toregister the individual to vote unless:
(A) the individual is not eligible to vote; or
(B) the individual:
(i) declines to register to vote;
(ii) fails to complete the voter registration part of theapplication; or
(iii) answers "no" to either question described byIC 3-7-22-5(3) or IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register ortransfer registration with assistance in filling out the voterregistration application unless the individual refuses assistance,as provided in 42 U.S.C. 1973gg-5(a)(4)(ii).
(3) Check the completed voter registration form for legibilityand completeness. (4) Deliver the completed registration form to the officeadministrator (or the employee designated by the administratorto be responsible for voter registration services) for transmittalto the appropriate county voter registration office.
(5) Inform the individual that the individual will receive amailing from the county voter registration office of the countywhere the individual resides concerning the disposition of thevoter registration application.
As added by P.L.12-1995, SEC.24. Amended by P.L.9-2004, SEC.6.
IC 3-7-15-10
Duties of employees if applicant registering to vote aftertwenty-ninth day before primary, general, municipal, or specialelection
Sec. 10. If an individual is registering to vote after thetwenty-ninth day before the date that a primary, general, municipal,or special election is scheduled in the precinct where the voterresides, the employee of the office who provides an individual withan application for assistance or services under section 3 of thischapter shall do the following:
(1) Inform the individual that office registration will not permitthe individual to vote in the next election.
(2) Inform the individual of other procedures the individual mayfollow to vote in the next election.
As added by P.L.12-1995, SEC.24.
IC 3-7-15-11
Prohibited acts
Sec. 11. As provided in 42 U.S.C. 1973gg-5(a)(5), an employeeof the office shall not do any of the following:
(1) Seek to influence an applicant's political preference or partyregistration.
(2) Display any political preference or party allegiance,including any 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 actionwhose purpose or effect is to lead the applicant to believe thata decision whether or not to register has any bearing on theavailability of services or benefits.
As added by P.L.12-1995, SEC.24.
IC 3-7-15-12
Assistance in completing registration form required
Sec. 12. As provided in 42 U.S.C. 1973gg-5(a)(4)(A)(ii) and 42U.S.C. 1973gg-5(a)(6)(C), an office described in section 2 of thischapter must offer the same degree of assistance in helping anapplicant complete a voter registration form as the applicant receives
from the agency in completing forms for assistance or services,unless the individual refuses assistance in completing the voterregistration form.
As added by P.L.12-1995, SEC.24.
IC 3-7-15-13
Written acknowledgment of application; format
Sec. 13. Whenever an applicant completes a voter registrationapplication under this chapter, the office shall provide the applicantwith a written acknowledgment that the applicant has completed avoter registration application at the office. The acknowledgment:
(1) may be a detachable part of the registration form prescribedunder section 4 of this chapter; and
(2) must set forth the name and residential address of theapplicant and the date that the application was completed.
As added by P.L.12-1995, SEC.24.
IC 3-7-15-14
Submission of application not required
Sec. 14. An applicant who completes a voter registrationapplication under section 4 of this chapter is not required to submitthe application to a circuit court clerk or board of registrationmember.
As added by P.L.12-1995, SEC.24. Amended by P.L.2-1996, SEC.19.
IC 3-7-15-15
Confidentiality of information
Sec. 15. Voter registration information received or maintained byan office under this chapter is confidential and may be used only forvoter registration purposes as provided in this article and 42 U.S.C.1973gg-5(a)(7).
As added by P.L.12-1995, SEC.24.
IC 3-7-15-16
Duty of office to forward registration application
Sec. 16. Unless the applicant refuses to permit the office totransmit the form to the circuit court clerk or board of registration ofthe county where the applicant resides, the office shall forward thevoter registration application to the clerk or board not later than five(5) days after the date of acceptance and as provided in 42 U.S.C.1973gg-5(a)(4)(iii) and:
(1) IC 12-14-1.5;
(2) IC 12-14-25;
(3) IC 12-15-1.5; or
(4) IC 16-35-1.6.
As added by P.L.12-1995, SEC.24. Amended by P.L.3-1995, SEC.24.
IC 3-7-15-17
Updating voter registration record
Sec. 17. A signed application under section 4 of this chapter
authorizes a circuit court clerk or board of registration to update thevoter registration record of the applicant.
As added by P.L.12-1995, SEC.24.
IC 3-7-15-18
Notification to applicant of disposition
Sec. 18. The circuit court clerk or board of registration shall, uponreceiving a completed application under section 16 of this chapter,notify the applicant of the disposition of the application in themanner prescribed under IC 3-7-33 and as required under 42 U.S.C.1973gg-6(a)(2).
As added by P.L.12-1995, SEC.24.