CHAPTER 16. REGISTRATION AT AGENCIES SERVING PERSONS WITH DISABILITIES

IC 3-7-16
    Chapter 16. Registration at Agencies Serving Persons WithDisabilities

IC 3-7-16-1
Purpose of chapter
    Sec. 1. This chapter prescribes voter registration procedures inagencies providing state funded programs primarily engaged inserving persons with disabilities as provided in 42 U.S.C.1973gg-5(a)(2)(B).
As added by P.L.12-1995, SEC.25.

IC 3-7-16-2
Legislative findings
    Sec. 2. The general assembly finds the following:
        (1) Persons with a disability will desire and should have the fullopportunity to register to vote by using any registration methodset forth in this article, and not merely through the agenciesdescribed in section 1 of this chapter.
        (2) The offices and individuals serving persons with a disabilityunder this article should strive to develop and provideregistration forms and services that are accessible to personswith disabilities.
        (3) The agencies described in section 1 of this chapter aregenerally decentralized, and as a result:
            (A) are more likely to be frequently restructured; and
            (B) require significant assistance in providing training foremployees or volunteers to offer voter registration servicesunder this article.
As added by P.L.12-1995, SEC.25. Amended by P.L.99-2007, SEC.6.

IC 3-7-16-3
Determination of services required
    Sec. 3. The commission shall determine if an agency is requiredto provide voter registration services under NVRA and this chapter.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.20.

IC 3-7-16-4
Duties of commission before determination
    Sec. 4. Before making a determination under section 3 of thischapter, the commission shall do the following:
        (1) Notify the governing body of the agency that the agencymay be required to provide voter registration services under thischapter and NVRA.
        (2) Conduct a public hearing on the matter.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.21.

IC 3-7-16-5
Evidence at public hearing
    Sec. 5. The commission shall accept evidence at the public

hearing concerning the extent to which:
        (1) the agency's programs are funded by the state; and
        (2) the agency is primarily engaged in serving persons withdisabilities.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.22.

IC 3-7-16-6
Limitations in accepting evidence
    Sec. 6. The commission may only accept evidence at the hearingconcerning the agency's cost in complying with NVRA or thischapter to determine when an order issued under section 7 of thischapter should take effect.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.23.

IC 3-7-16-7
NVRA official to order date for services to begin
    Sec. 7. If the commission determines that the agency is requiredto provide voter registration services under NVRA and this chapter,the NVRA official shall issue an order specifying the date that theagency must begin providing voter registration services andprescribing any other procedures reasonably necessary for the agencyto comply with NVRA.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.24.

IC 3-7-16-8
Expiration of order
    Sec. 8. An order issued under section 7 of this chapter expireswhen the earlier of the following occurs:
        (1) Ten (10) years after the date that an agency is required tobegin providing voter registration services.
        (2) When revoked by the NVRA official after a public hearingas provided in this chapter.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.25.

IC 3-7-16-9
Distribution of voter registration forms
    Sec. 9. As provided in 42 U.S.C. 1973gg-5(a)(4)(A)(i) and 42U.S.C. 1973gg-5(a)(6)(A), an agency designated under this chaptershall distribute a voter registration form prescribed under this chapterto each person applying for assistance from the agency 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.25.
IC 3-7-16-10
Voter registration services at applicant's home
    Sec. 10. As provided in 42 U.S.C. 1973gg-5(a)(4)(B), an agencydesignated under this chapter that provides services to a person witha disability at the person's home shall provide voter registrationservices under this chapter at the person's home.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-11
Design of registration form
    Sec. 11. The commission shall prescribe the design of theregistration form to be used under this chapter.
As added by P.L.12-1995, SEC.25. Amended by P.L.3-1997, SEC.58.

IC 3-7-16-12
Requirements for registration form
    Sec. 12. The registration form prescribed under section 11 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 other

political 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.".
        (4) The form must be designed to make voter registration asaccessible as possible for persons with disabilities.
As added by P.L.12-1995, SEC.25. Amended by P.L.3-1997, SEC.59.

IC 3-7-16-13
Contents of declination form
    Sec. 13. 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 registrationpurposes.".
        (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.25.

IC 3-7-16-14
Declination to register
    Sec. 14. An applicant who fails to check either box described insection 12(3) of this chapter or to sign a separate declination formunder section 13 of this chapter shall be considered to have declinedto register.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-15
Procedures for registration
    Sec. 15. (a) This section does not apply to voter registrationrequired under section 10 of this chapter.
    (b) 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 11 of this chapter.
        (2) Present the application to an employee of the office.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-16
Duties of employees in providing application
    Sec. 16. An employee or a volunteer of the office who providesan individual with an application for assistance or services under this

chapter 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;
            (B) the individual declines to register to vote or fails tocomplete the voter registration part of the application; or
            (C) 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.25. Amended by P.L.9-2004, SEC.7.

IC 3-7-16-17
Duties of employees if applicant registering to vote aftertwenty-ninth day before primary, general, municipal, or specialelection
    Sec. 17. 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 or a volunteer of the office who provides anindividual with an application for assistance or services under 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.25.

IC 3-7-16-18
Prohibited acts
    Sec. 18. As provided in 42 U.S.C. 1973gg-5(a)(5), an employeeor a volunteer of 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 any

currently 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.25.

IC 3-7-16-19
Assistance in completing registration form required
    Sec. 19. As provided in 42 U.S.C. 1973gg-5(a)(4)(A)(ii) and 42U.S.C. 1973gg-5(a)(6)(C), an office designated under this chaptermust offer the same degree of assistance in helping an applicantcomplete a voter registration form as the applicant receives from theagency in completing forms for assistance or services, unless theindividual refuses assistance in completing the voter registrationform.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-20
Written acknowledgment of application; format
    Sec. 20. 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 11 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.25.

IC 3-7-16-21
Applicant not required to submit application to circuit court clerkor board of registration member
    Sec. 21. An applicant who completes a voter registrationapplication under this chapter is not required to submit theapplication to a circuit court clerk or board of registration member.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.26.

IC 3-7-16-22
Confidentiality; use of information
    Sec. 22. 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.25.
IC 3-7-16-23
Forwarding of application or declination; exception
    Sec. 23. 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 or declination to the clerk or board notlater than five (5) days after the date of acceptance and as providedin 42 U.S.C. 1973gg-5(a)(4)(iii).
As added by P.L.12-1995, SEC.25. Amended by P.L.3-1995, SEC.25.

IC 3-7-16-24
Updating voter registration record
    Sec. 24. A signed application under section 11 of this chapterauthorizes a circuit court clerk or board of registration to update thevoter registration record of the applicant.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-25
Notification to applicant of disposition
    Sec. 25. The circuit court clerk or board of registration shall, uponreceiving a completed application under section 23 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.25.

IC 3-7-16-26
Designated individual responsible for registration duties
    Sec. 26. The governing body of an agency designated under thischapter shall designate an individual to be responsible for performingthe voter registration duties of the agency in each office of theagency where services are provided.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-27
Transmittal of voter registration application or declination form;guidelines; exceptions
    Sec. 27. (a) This section does not apply to a voter registrationapplication or declination to register accepted at an agency officeduring the final five (5) days before the end of a registration periodunder IC 3-7-13.
    (b) As required under 42 U.S.C. 1973gg-5(d)(1), the designatedindividual shall transmit a copy of a completed voter registrationapplication:
        (1) to the circuit court clerk or board of registration of thecounty in which the applicant's residential address (as indicatedon the application) is located; and
        (2) not later than ten (10) days after the application is acceptedat the office.
    (c) The designated individual shall transmit a copy of the voter

registration application (or a separate declination form) on which theapplicant declined to register to vote by specifically declining toregister or by failing to complete the voter registration portion of theapplication.
    (d) The declination must be transmitted:
        (1) to the circuit court clerk or board of registration of thecounty in which the applicant's residential address (as indicatedon the application) is located; and
        (2) not later than ten (10) days after the application is acceptedat the office.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-28
Transmittal of voter registration application or declination form;accepted during final five days before end of registration period
    Sec. 28. (a) This section applies to a voter registration applicationor declination to register accepted at an agency office during the finalfive (5) days before the end of a registration period under IC 3-7-13.
    (b) As required under 42 U.S.C. 1973gg-5(d)(1), the designatedindividual shall transmit a copy of the completed voter registrationapplication:
        (1) to the circuit court clerk or board of registration of thecounty in which the applicant's residential address (as indicatedon the application) is located; and
        (2) not later than five (5) days after the application is acceptedby the office.
    (c) The designated individual shall transmit a copy of the voterregistration application (or a separate declination form) on which theapplicant declined to register to vote by specifically declining toregister or by failing to complete the voter registration portion of theapplication.
    (d) The declination must be transmitted:
        (1) to the circuit court clerk or board of registration of thecounty in which the applicant's residential address (as indicatedon the application) is located; and
        (2) not later than five (5) days after the application is acceptedat the office.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-29
Methods of transmittal of voter registration applications ordeclinations
    Sec. 29. A designated individual may use any of the followingmethods to transmit voter registration applications or declinationsunder section 27 or 28 of this chapter:
        (1) Hand delivery to the circuit court clerk or board ofregistration.
        (2) Certified mail, return receipt requested.
        (3) Electronic transfer, after approval by the commission.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1997, SEC.5;

P.L.3-1997, SEC.60.

IC 3-7-16-30
Hand delivery; guidelines
    Sec. 30. If a designated individual transmits registrationapplications or declinations by hand delivery under section 29(1) ofthis chapter, the circuit court clerk or board of registration shallprovide the individual with a receipt for the forms. The receipt muststate the date and time of delivery, and the printed name andsignature of the person who received the forms.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-31
County address and telephone numbers to be provided
    Sec. 31. (a) The NVRA official shall provide the governing bodyof an agency designated under this chapter with a list of the currentaddresses and telephone numbers of the offices of the circuit courtclerk or board of registration in each county. The governing bodyshall promptly forward the list (and each revision of the list) to eachagency office where services are provided.
    (b) The NVRA official shall provide the governing body withpre-addressed packets for agency offices to transmit applicationsunder section 29(1) or 29(2) of this chapter.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.27.

IC 3-7-16-32
Voter registration information to be confidential
    Sec. 32. Voter registration information received or maintainedunder this chapter is confidential.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-33
Notice; elections
    Sec. 33. The NVRA official shall notify the governing body of theagency of the following:
        (1) The scheduled date of each primary, general, municipal, andspecial election.
        (2) The jurisdiction in which the election will be held.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.28.

IC 3-7-16-34
Agency addresses and telephone numbers to be provided
    Sec. 34. The governing body of an agency designated under thischapter shall provide the NVRA official with a list stating thefollowing:
        (1) The address and telephone number of each agency officewhere voter registration services will be provided under thisarticle.
        (2) The name of each individual designated by the governingbody to be responsible for performing voter registration duties

under this chapter.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.29.