CHAPTER 33. REGISTRATION FORMS; GENERAL PROCEDURES FOR PROCESSING BY COUNTIES
IC 3-7-33
Chapter 33. Registration Forms; General Procedures forProcessing by Counties
IC 3-7-33-1
Applicability of chapter
Sec. 1. This chapter applies to the processing of registration formsby a county voter registration office.
As added by P.L.12-1995, SEC.43. Amended by P.L.81-2005,SEC.17.
IC 3-7-33-2
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-7-33-3
Acceptance not later than 29 days before election; driver's licenseapplication; voter registration agency
Sec. 3. (a) This section applies to a voter registration applicationthat is:
(1) completed as part of a driver's license application underIC 3-7-14; or
(2) submitted at a voter registration agency under this article.
(b) As provided in 42 U.S.C. 1973gg-6(a)(1), an eligible applicantwhose application is accepted by the bureau of motor vehicles or avoter registration agency not later than twenty-nine (29) days beforethe election shall be registered to vote in the election.
As added by P.L.12-1995, SEC.43.
IC 3-7-33-3.5
Effect of Internet application
Sec. 3.5. (a) This section applies to a voter registration applicationsubmitted online in accordance with IC 3-7-26.7.
(b) An eligible applicant who submits a complete applicationonline in accordance with IC 3-7-26.7 not later than midnight on thetwenty-ninth day before the election shall be registered to vote in theelection.
As added by P.L.120-2009, SEC.5.
IC 3-7-33-4
Acceptance not later than 29 days before election; mail form;postmark
Sec. 4. (a) This section applies to a voter registration applicationsubmitted on a registration by mail form under IC 3-7-22.
(b) Except as provided in subsection (c), and as provided in 42U.S.C. 1973gg-6(a)(1), an eligible applicant whose application ispostmarked not later than twenty-nine (29) days before the electionshall be registered to vote in the election.
(c) If a postmark on a registration by mail form is missing orillegible, an eligible applicant shall be registered to vote in the
election if the form is received by the county voter registration officenot later than the Monday following the close of the registrationperiod before the election.
As added by P.L.12-1995, SEC.43. Amended by P.L.209-2003,SEC.50; P.L.14-2004, SEC.45.
IC 3-7-33-4.5
Voter registration application submitted by mail; identifyingdocumentation; exceptions
Sec. 4.5. (a) Except as provided in subsection (b), this sectionapplies to an individual who:
(1) submits an application to register to vote by mail underIC 3-7-22; and
(2) has not previously voted in:
(A) a general election in Indiana (or a special election forfederal office in Indiana); or
(B) a general election (or a special election for federaloffice) in the county where the individual has submitted anapplication under this chapter if a statewide voterregistration system is not operational in accordance with therequirements of IC 3-7-26.3 and 42 U.S.C. 15483 on the datethe application is received by the county voter registrationoffice.
(b) This section does not apply to an individual who complieswith the requirements in any of the following:
(1) The individual submits an application to register to vote bymail under this chapter and includes with that mailing a copyof:
(A) a current and valid photo identification; or
(B) a current utility bill, bank statement, government check,paycheck, or government document;
that shows the name and residence address of the voter statedon the voter registration application.
(2) The individual submits an application to register to vote bymail under this chapter that includes:
(A) the individual's Indiana driver's license number; or
(B) the last four (4) digits of the individual's Social Securitynumber;
and the county voter registration office or election divisionmatches the information submitted by the applicant with anexisting Indiana identification record bearing the same number,name, and date of birth set forth in the voter registrationapplication.
(3) The individual is an absent uniformed services voter oroverseas voter.
(4) The individual is entitled to vote other than in person underthe federal Voting Accessibility for the Elderly andHandicapped Act (42 U.S.C. 1973ee-1(b)(2)(B)(ii)) due to adetermination by the election division that a permanent ortemporarily accessible polling place cannot be provided for the
individual.
(5) The individual is entitled to vote other than in person underany other federal law.
(c) When a county voter registration office receives a voterregistration application by mail, the office shall determine whetherthe applicant is subject to the requirements to provide additionaldocumentation under this section and 42 U.S.C. 15483.
(d) As required by 42 U.S.C. 15483, a county voter registrationoffice shall administer the requirements of this section in a uniformand nondiscriminatory manner.
(e) If the county voter registration office determines that theapplicant:
(1) is not required to submit additional documentation underthis section; or
(2) has provided the documentation required under this section;
the county voter registration office shall process the application inaccordance with section 5 of this chapter.
(f) If the county voter registration office determines that theapplicant is required to submit additional documentation under thissection and 42 U.S.C. 15483, the office shall process the applicationunder section 5 of this chapter and, if the applicant is otherwiseeligible to vote, add the information concerning this documentationto the voter's computerized registration entry under IC 3-7-27-20.2.
(g) The county voter registration office shall remove the notationdescribed in subsection (f) after the voter votes in an election for afederal office.
As added by P.L.209-2003, SEC.51. Amended by P.L.14-2004,SEC.46; P.L.164-2006, SEC.27.
IC 3-7-33-5
Determination of eligibility and subsequent notice; pendingapplications; certificate of error
Sec. 5. (a) When the county voter registration office receives anapplication for a new registration or an application with informationthat revises or adds information to the applicant's current voterregistration record, the county voter registration office shalldetermine if the applicant appears to be eligible to register to votebased on the information in the application.
(b) As required under 42 U.S.C. 1973gg-6(a)(2), the county voterregistration office shall send a notice to each person from whom thecounty voter registration office receives a voter registrationapplication. The county voter registration office shall send a noticeto the applicant at the mailing address provided in the application.
(c) The notice required by subsection (b) must set forth thefollowing:
(1) A statement that the application has been received.
(2) The disposition of the application by the county voterregistration office.
(3) If the county voter registration office determines that theapplicant appears to be eligible, the notice must state the
following:
(A) Except as provided under subsection (f), the applicant isregistered to vote under the residence address when theapplicant receives the notice. An applicant is presumed tohave received the notice unless the notice is returned by theUnited States Postal Service due to an unknown orinsufficient address and received by the county voterregistration office not later than seven (7) days after thenotice is mailed to the applicant.
(B) The name of the precinct in which the voter is registered.
(C) The address of the polling place for the precinct inwhich the voter is registered.
(D) The voter's voter identification number.
(4) In accordance with 42 U.S.C. 1973ff-1(d), if the countyvoter registration office has denied the application, the noticemust include the reasons for the denial.
(d) The notice required by subsection (b) may include a voterregistration card.
(e) If the notice is returned by the United States Postal Servicedue to an unknown or insufficient address, the county voterregistration office shall determine that the applicant is ineligible anddeny the application.
(f) During the seven (7) days following the mailing of the noticeto the voter under this section, the county voter registration officeshall indicate in the computerized list maintained under IC 3-7-26.3that the application is pending. If the notice:
(1) is not returned by the United States Postal Service andreceived by the county voter registration office at; or
(2) is received by the applicant by United States Postal Servicedelivery and presented in person by the applicant to the countyvoter registration office before;
the expiration of the seven (7) day period under subsection (c), thecounty voter registration office shall indicate in the computerized listthat the applicant is a registered voter.
(g) This subsection applies if the notice is mailed by the countyvoter registration office after the certified list is prepared underIC 3-7-29. If:
(1) the seven (7) day period under subsection (c) expires beforeelection day;
(2) the applicant has not presented the notice mailed undersubsection (b) to the county voter registration office as providedunder subsection (f); and
(3) the applicant would otherwise have been included on thecertified list;
the county voter registration office shall prepare a certificate of errorunder IC 3-7-48 to note the addition of the voter to the certified list.
(h) This subsection applies if the notice is mailed by the countyvoter registration office after the certified list is prepared underIC 3-7-29. If:
(1) the seven (7) day period has not expired before election day;
and
(2) the applicant has not presented the notice mailed undersubsection (b) to the county voter registration office as providedunder subsection (f);
the county voter registration office shall notify the county electionboard. The county election board shall certify to the inspector of theprecinct where the applicant resides that the applicant's voterregistration application is pending, and that the voter, subject tofulfilling the requirements of IC 3-11.7, is entitled to cast aprovisional ballot.
As added by P.L.12-1995, SEC.43. Amended by P.L.3-1995, SEC.42;P.L.4-1996, SEC.20; P.L.122-2000, SEC.3; P.L.209-2003, SEC.52;P.L.81-2005, SEC.18; P.L.164-2006, SEC.28.
IC 3-7-33-6
Removal from rolls
Sec. 6. As provided by 42 U.S.C. 1973gg-4(d), if:
(1) the county voter registration office mails a notice of thedisposition of a voter registration application under section 5(b)of this chapter by nonforwardable mail; and
(2) the notice is returned as undeliverable, after the applicant isadded to the registration rolls under section 5 of this chapter;
the county voter registration office may initiate steps to remove thevoter from the registration rolls as provided in 42 U.S.C. 1973gg-6(d)and this article.
As added by P.L.12-1995, SEC.43. Amended by P.L.3-1995, SEC.43;P.L.3-1997, SEC.93; P.L.122-2000, SEC.4.
IC 3-7-33-7
Repealed
(Repealed by P.L.3-1995, SEC.157.)