IC 3-6-4.2-1 Establishment
Sec. 1. The election division is established within the office of the
secretary of state. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-2 Administration
Sec. 2. (a) The secretary of state shall perform all ministerial
duties related to the administration of elections by the state.
(b) The election division shall assist the commission and the
secretary of state in the administration of this title. As added by P.L.8-1995, SEC.19. Amended by P.L.3-1997, SEC.29.
IC 3-6-4.2-2.5 Election division to assist secretary of state in HAVA
administration
Sec. 2.5. The election division shall assist the secretary of state in
the implementation of HAVA. As added by P.L.209-2003, SEC.8.
IC 3-6-4.2-3 Co-directors
Sec. 3. (a) The governor shall appoint two (2) co-directors for the
election division.
(1) The co-directors shall do the following:
(A) Carry out the policies, decisions, and recommendations
of the commission.
(B) Maintain an office for the election division.
(b) The co-directors may not be members of the same political
party.
(c) The co-directors have equal authority and responsibilities
under this title.
(d) The co-directors must:
(1) be classified the same under the state's personnel system;
and
(2) except for differences due to years of service as co-directors,
receive the same compensation. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-3.2 Co-directors; terms
Sec. 3.2. A co-director serves a term of four (4) years, beginning
January 1, 1999, and continuing until the co-director's successor has
been appointed and qualified. As added by P.L.3-1997, SEC.30. IC 3-6-4.2-4 Employees
Sec. 4. The co-directors shall employ other employees as
necessary in the execution of the powers and duties of the
commission. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-5 Political affiliation of employees
Sec. 5. The employees of the election division must be divided
equally between the major political parties of the state. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-6 Number of employees
Sec. 6. Subject to section 5 of this chapter, the co-directors may
each employ an equal number of employees. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-7 Funding for employees
Sec. 7. Equal funding shall be provided to each co-director with
which to employ employees under section 6 of this chapter. As added by P.L.8-1995, SEC.19. Amended by P.L.66-2003, SEC.3.
IC 3-6-4.2-8 Vacancy in co-director position
Sec. 8. (a) When a vacancy in a co-director position occurs, the
secretary of state shall notify the governor and the state chairman of
the political party of which the individual vacating the position is a
member.
(b) The state chairman may submit to the governor in writing,
within thirty (30) days after notice of the vacancy, the names of two
(2) individuals to fill the vacancy. If the state chairman submits the
names of two (2) individuals within the thirty (30) day period, the
governor shall appoint one (1) of the two (2) individuals to fill the
vacancy. If the state chairman fails to submit the names of two (2)
individuals within the thirty (30) day period, the governor shall,
within another ten (10) days, appoint an individual of the same
political party as the state chairman to fill the vacancy.
(c) If a state chairman fails to submit in writing the name of a
qualified successor within thirty (30) days after the state chairman is
notified by the secretary of state of a vacancy, the governor shall:
(1) appoint a member of the political party of the state chairman
to fill the vacancy; and
(2) notify the state chairman of the selection.
(d) The state chairman may disapprove the selection by notifying
the governor within seven (7) days after receiving notice of the
governor's appointment. If the state chairman disapproves the
selection within the seven (7) day period, the governor shall make
another appointment under subsection (b) which is subject to
disapproval of the state chairman under this subsection. If the state
chairman does not disapprove the appointment within the seven (7)
day period, the individual appointed by the governor shall be
employed as the co-director. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-9 Budget estimates
Sec. 9. The secretary of state shall submit biennial budget
estimates for the commission and the election division in the manner
and form required by law. Funds shall be expended only in the
manner and form required by law. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-10 Audits and investigations
Sec. 10. (a) An audit or investigation authorized by the
commission concerning administration of election laws shall be
conducted by at least two (2) state employees divided equally
between the major political parties of the state.
(b) Notwithstanding subsection (a) or any statutory provisions to
the contrary, the co-directors shall assist in the following actions
upon authorization of the commission:
(1) A hearing or an investigation conducted by the commission
under:
(A) IC 3-7-11 (voter registration violations under NVRA or
IC 3-7); or
(B) IC 3-9-4-15 (campaign finance violations).
(2) An examination or a test of a voting system for the
commission. As added by P.L.8-1995, SEC.19. Amended by P.L.4-1996, SEC.12.
IC 3-6-4.2-11
Reserved
IC 3-6-4.2-12
Duties
Sec. 12. The election division shall do the following:
(1) Maintain complete and uniform descriptions and maps of all
precincts in Indiana.
(2) Promptly update the information required by subdivision (1)
after each precinct establishment order is filed with the
commission under IC 3-11-1.5.
(3) Issue media watcher cards under IC 3-6-10-6.
(4) Prepare and transfer to the department of state revenue voter
registration affidavits for inclusion in state adjusted gross
income tax booklets under IC 6-8.1-3-19.
(5) Serve in accordance with 42 U.S.C. 1973ff-1(b) as the office
in Indiana responsible for providing information regarding voter
registration procedures and absentee ballot procedures to absent
uniformed services voters and overseas voters.
(6) As required by 42 U.S.C. 1973ff-1(c), submit a report to the
federal Election Assistance Commission not later than ninety
(90) days after each general election setting forth the combined
number of absentee ballots:
(A) transmitted to absent uniformed services voters and
overseas voters for the election; and
(B) returned by absent uniformed services voters and
overseas voters and cast in the election.
(7) Implement the state plan in accordance with the
requirements of HAVA (42 U.S.C. 15401 through 15406) and
this title, and appoint members of the committee established
under 42 U.S.C. 15405.
(8) Submit reports required under 42 U.S.C. 15408 to the
federal Election Assistance Commission concerning the use of
federal funds under Title II, Subtitle D, Part I of HAVA. As added by P.L.3-1997, SEC.31. Amended by P.L.209-2003, SEC.9;
P.L.221-2005, SEC.8.
IC 3-6-4.2-12.1 State HAVA plan; HAVA committee; membership; per diem;
expenses
Sec. 12.1. (a) This section applies to the development,
implementation, and amendment of the state plan under HAVA (42
U.S.C. 15401 through 15406).
(b) An individual appointed by the co-directors to serve on the
committee established to develop the state plan to implement HAVA
under 42 U.S.C. 15405 is entitled to receive the compensation or
reimbursement provided under subsection (d) or (e).
(c) For purposes of subsection (d), an individual who holds:
(1) a state office is considered an employee of the state; or
(2) an office of a political subdivision is considered an
employee of the political subdivision.
(d) Each member of the committee who is not a state employee or
an employee of a political subdivision is entitled to receive both of
the following:
(1) The minimum salary per diem provided by
IC 4-10-11-2.1(b).
(2) Reimbursement for travel expenses and other expenses
actually incurred in connection with the member's duties, as
provided in the state travel policies and procedures established
by the Indiana department of administration and approved by
the budget agency.
(e) Each member of the committee who is a state employee or an
employee of a political subdivision is entitled to reimbursement for
travel expenses and other expenses actually incurred in connection
with the member's duties, as provided in the state travel policies and
procedures established by the Indiana department of administration
and approved by the budget agency.
(f) The committee's expenses, including the payment of per diem
and reimbursements under this section, shall be paid from the Section
101 account of the election administration assistance fund
established under IC 3-11-6.5. As added by P.L.209-2003, SEC.10.
IC 3-6-4.2-12.5 Duty of secretary of state to apply for grants for accessibility of
polling places to disabled voters; information regarding accessible
polling places; consent of co-directors
Sec. 12.5. (a) As authorized under 42 U.S.C. 15421, the secretary
of state with the consent of the co-directors of the election division
shall apply to the Secretary of Health and Human Services for
payments under the HAVA (42 U.S.C. 15421 through 15425) to do
the following:
(1) Make polling places (including the path of travel, entrances,
exits, and voting areas of each polling place) more accessible to
individuals with disabilities, including the blind and visually
impaired, in a manner that provides the same opportunity for
access and participation (including privacy and independence)
as other voters.
(2) Provide individuals with disabilities and other individuals
described in subdivision (1) with information about the
accessibility of polling places, including outreach programs to
inform the individuals about the availability of accessible
polling places and training election officials, poll workers, and
election volunteers on how best to promote the access and
participation of individuals with disabilities in elections.
(b) If the secretary of state receives payments from the Secretary
of Health and Human Services under 42 U.S.C. 15421 through
15425, the election division shall expend the money as described in
the application submitted under 42 U.S.C. 15423. As added by P.L.209-2003, SEC.11.
IC 3-6-4.2-13 Assistance from state police department
Sec. 13. (a) The state police department and all state police
officers shall assist the election division, on request, in the
enforcement of the election laws and the discharge of the election
division's duties, including the use of state police radio and
telephone service on election days.
(b) The state police department or a state police officer may not
supplant or interfere with a local law enforcement officer or precinct
election officer in the discharge of official duties. As added by P.L.3-1997, SEC.32.
IC 3-6-4.2-14 Members of county election boards and boards of registration;
instructional meeting; compensation and expenses
Sec. 14. (a) Each year in which a general or municipal election is
held, the election division shall call a meeting of all the members of
the county election boards and the boards of registration to instruct
them as to their duties under this title and federal law (including
HAVA and NVRA). The election division may, but is not required
to, call a meeting under this section during a year in which a general
or a municipal election is not held.
(b) Each circuit court clerk shall attend a meeting called by the
election division under this section.
(c) The codirectors of the election division shall set the time and
place of the instructional meeting. In years in which a primary
election is held, the election division:
(1) may conduct the meeting before the first day of the year;
and
(2) shall conduct the meeting before primary election day.
The instructional meeting may not last for more than two (2) days.
(d) Each member of a county election board or board of
registration and an individual who has been elected or selected to
serve as circuit court clerk but has not yet begun serving in that
office is entitled to receive all of the following from the county
general fund without appropriation:
(1) A per diem of twenty-four dollars ($24) for attending the
instructional meeting called by the election division under this
section.
(2) A mileage allowance at the state rate for the distance
necessarily traveled in going and returning from the place of the
instructional meeting called by the election division under this
section.
(3) Reimbursement for the payment of the instructional meeting
registration fee.
(4) An allowance for lodging for each night preceding
conference attendance equal to the lodging allowance provided
to state employees in travel status. As added by P.L.3-1997, SEC.33. Amended by P.L.38-1999, SEC.5;
P.L.26-2000, SEC.2; P.L.209-2003, SEC.12; P.L.120-2009, SEC.2.
IC 3-6-4.2-1 Establishment
Sec. 1. The election division is established within the office of the
secretary of state. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-2 Administration
Sec. 2. (a) The secretary of state shall perform all ministerial
duties related to the administration of elections by the state.
(b) The election division shall assist the commission and the
secretary of state in the administration of this title. As added by P.L.8-1995, SEC.19. Amended by P.L.3-1997, SEC.29.
IC 3-6-4.2-2.5 Election division to assist secretary of state in HAVA
administration
Sec. 2.5. The election division shall assist the secretary of state in
the implementation of HAVA. As added by P.L.209-2003, SEC.8.
IC 3-6-4.2-3 Co-directors
Sec. 3. (a) The governor shall appoint two (2) co-directors for the
election division.
(1) The co-directors shall do the following:
(A) Carry out the policies, decisions, and recommendations
of the commission.
(B) Maintain an office for the election division.
(b) The co-directors may not be members of the same political
party.
(c) The co-directors have equal authority and responsibilities
under this title.
(d) The co-directors must:
(1) be classified the same under the state's personnel system;
and
(2) except for differences due to years of service as co-directors,
receive the same compensation. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-3.2 Co-directors; terms
Sec. 3.2. A co-director serves a term of four (4) years, beginning
January 1, 1999, and continuing until the co-director's successor has
been appointed and qualified. As added by P.L.3-1997, SEC.30. IC 3-6-4.2-4 Employees
Sec. 4. The co-directors shall employ other employees as
necessary in the execution of the powers and duties of the
commission. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-5 Political affiliation of employees
Sec. 5. The employees of the election division must be divided
equally between the major political parties of the state. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-6 Number of employees
Sec. 6. Subject to section 5 of this chapter, the co-directors may
each employ an equal number of employees. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-7 Funding for employees
Sec. 7. Equal funding shall be provided to each co-director with
which to employ employees under section 6 of this chapter. As added by P.L.8-1995, SEC.19. Amended by P.L.66-2003, SEC.3.
IC 3-6-4.2-8 Vacancy in co-director position
Sec. 8. (a) When a vacancy in a co-director position occurs, the
secretary of state shall notify the governor and the state chairman of
the political party of which the individual vacating the position is a
member.
(b) The state chairman may submit to the governor in writing,
within thirty (30) days after notice of the vacancy, the names of two
(2) individuals to fill the vacancy. If the state chairman submits the
names of two (2) individuals within the thirty (30) day period, the
governor shall appoint one (1) of the two (2) individuals to fill the
vacancy. If the state chairman fails to submit the names of two (2)
individuals within the thirty (30) day period, the governor shall,
within another ten (10) days, appoint an individual of the same
political party as the state chairman to fill the vacancy.
(c) If a state chairman fails to submit in writing the name of a
qualified successor within thirty (30) days after the state chairman is
notified by the secretary of state of a vacancy, the governor shall:
(1) appoint a member of the political party of the state chairman
to fill the vacancy; and
(2) notify the state chairman of the selection.
(d) The state chairman may disapprove the selection by notifying
the governor within seven (7) days after receiving notice of the
governor's appointment. If the state chairman disapproves the
selection within the seven (7) day period, the governor shall make
another appointment under subsection (b) which is subject to
disapproval of the state chairman under this subsection. If the state
chairman does not disapprove the appointment within the seven (7)
day period, the individual appointed by the governor shall be
employed as the co-director. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-9 Budget estimates
Sec. 9. The secretary of state shall submit biennial budget
estimates for the commission and the election division in the manner
and form required by law. Funds shall be expended only in the
manner and form required by law. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-10 Audits and investigations
Sec. 10. (a) An audit or investigation authorized by the
commission concerning administration of election laws shall be
conducted by at least two (2) state employees divided equally
between the major political parties of the state.
(b) Notwithstanding subsection (a) or any statutory provisions to
the contrary, the co-directors shall assist in the following actions
upon authorization of the commission:
(1) A hearing or an investigation conducted by the commission
under:
(A) IC 3-7-11 (voter registration violations under NVRA or
IC 3-7); or
(B) IC 3-9-4-15 (campaign finance violations).
(2) An examination or a test of a voting system for the
commission. As added by P.L.8-1995, SEC.19. Amended by P.L.4-1996, SEC.12.
IC 3-6-4.2-11
Reserved
IC 3-6-4.2-12
Duties
Sec. 12. The election division shall do the following:
(1) Maintain complete and uniform descriptions and maps of all
precincts in Indiana.
(2) Promptly update the information required by subdivision (1)
after each precinct establishment order is filed with the
commission under IC 3-11-1.5.
(3) Issue media watcher cards under IC 3-6-10-6.
(4) Prepare and transfer to the department of state revenue voter
registration affidavits for inclusion in state adjusted gross
income tax booklets under IC 6-8.1-3-19.
(5) Serve in accordance with 42 U.S.C. 1973ff-1(b) as the office
in Indiana responsible for providing information regarding voter
registration procedures and absentee ballot procedures to absent
uniformed services voters and overseas voters.
(6) As required by 42 U.S.C. 1973ff-1(c), submit a report to the
federal Election Assistance Commission not later than ninety
(90) days after each general election setting forth the combined
number of absentee ballots:
(A) transmitted to absent uniformed services voters and
overseas voters for the election; and
(B) returned by absent uniformed services voters and
overseas voters and cast in the election.
(7) Implement the state plan in accordance with the
requirements of HAVA (42 U.S.C. 15401 through 15406) and
this title, and appoint members of the committee established
under 42 U.S.C. 15405.
(8) Submit reports required under 42 U.S.C. 15408 to the
federal Election Assistance Commission concerning the use of
federal funds under Title II, Subtitle D, Part I of HAVA. As added by P.L.3-1997, SEC.31. Amended by P.L.209-2003, SEC.9;
P.L.221-2005, SEC.8.
IC 3-6-4.2-12.1 State HAVA plan; HAVA committee; membership; per diem;
expenses
Sec. 12.1. (a) This section applies to the development,
implementation, and amendment of the state plan under HAVA (42
U.S.C. 15401 through 15406).
(b) An individual appointed by the co-directors to serve on the
committee established to develop the state plan to implement HAVA
under 42 U.S.C. 15405 is entitled to receive the compensation or
reimbursement provided under subsection (d) or (e).
(c) For purposes of subsection (d), an individual who holds:
(1) a state office is considered an employee of the state; or
(2) an office of a political subdivision is considered an
employee of the political subdivision.
(d) Each member of the committee who is not a state employee or
an employee of a political subdivision is entitled to receive both of
the following:
(1) The minimum salary per diem provided by
IC 4-10-11-2.1(b).
(2) Reimbursement for travel expenses and other expenses
actually incurred in connection with the member's duties, as
provided in the state travel policies and procedures established
by the Indiana department of administration and approved by
the budget agency.
(e) Each member of the committee who is a state employee or an
employee of a political subdivision is entitled to reimbursement for
travel expenses and other expenses actually incurred in connection
with the member's duties, as provided in the state travel policies and
procedures established by the Indiana department of administration
and approved by the budget agency.
(f) The committee's expenses, including the payment of per diem
and reimbursements under this section, shall be paid from the Section
101 account of the election administration assistance fund
established under IC 3-11-6.5. As added by P.L.209-2003, SEC.10.
IC 3-6-4.2-12.5 Duty of secretary of state to apply for grants for accessibility of
polling places to disabled voters; information regarding accessible
polling places; consent of co-directors
Sec. 12.5. (a) As authorized under 42 U.S.C. 15421, the secretary
of state with the consent of the co-directors of the election division
shall apply to the Secretary of Health and Human Services for
payments under the HAVA (42 U.S.C. 15421 through 15425) to do
the following:
(1) Make polling places (including the path of travel, entrances,
exits, and voting areas of each polling place) more accessible to
individuals with disabilities, including the blind and visually
impaired, in a manner that provides the same opportunity for
access and participation (including privacy and independence)
as other voters.
(2) Provide individuals with disabilities and other individuals
described in subdivision (1) with information about the
accessibility of polling places, including outreach programs to
inform the individuals about the availability of accessible
polling places and training election officials, poll workers, and
election volunteers on how best to promote the access and
participation of individuals with disabilities in elections.
(b) If the secretary of state receives payments from the Secretary
of Health and Human Services under 42 U.S.C. 15421 through
15425, the election division shall expend the money as described in
the application submitted under 42 U.S.C. 15423. As added by P.L.209-2003, SEC.11.
IC 3-6-4.2-13 Assistance from state police department
Sec. 13. (a) The state police department and all state police
officers shall assist the election division, on request, in the
enforcement of the election laws and the discharge of the election
division's duties, including the use of state police radio and
telephone service on election days.
(b) The state police department or a state police officer may not
supplant or interfere with a local law enforcement officer or precinct
election officer in the discharge of official duties. As added by P.L.3-1997, SEC.32.
IC 3-6-4.2-14 Members of county election boards and boards of registration;
instructional meeting; compensation and expenses
Sec. 14. (a) Each year in which a general or municipal election is
held, the election division shall call a meeting of all the members of
the county election boards and the boards of registration to instruct
them as to their duties under this title and federal law (including
HAVA and NVRA). The election division may, but is not required
to, call a meeting under this section during a year in which a general
or a municipal election is not held.
(b) Each circuit court clerk shall attend a meeting called by the
election division under this section.
(c) The codirectors of the election division shall set the time and
place of the instructional meeting. In years in which a primary
election is held, the election division:
(1) may conduct the meeting before the first day of the year;
and
(2) shall conduct the meeting before primary election day.
The instructional meeting may not last for more than two (2) days.
(d) Each member of a county election board or board of
registration and an individual who has been elected or selected to
serve as circuit court clerk but has not yet begun serving in that
office is entitled to receive all of the following from the county
general fund without appropriation:
(1) A per diem of twenty-four dollars ($24) for attending the
instructional meeting called by the election division under this
section.
(2) A mileage allowance at the state rate for the distance
necessarily traveled in going and returning from the place of the
instructional meeting called by the election division under this
section.
(3) Reimbursement for the payment of the instructional meeting
registration fee.
(4) An allowance for lodging for each night preceding
conference attendance equal to the lodging allowance provided
to state employees in travel status. As added by P.L.3-1997, SEC.33. Amended by P.L.38-1999, SEC.5;
P.L.26-2000, SEC.2; P.L.209-2003, SEC.12; P.L.120-2009, SEC.2.
IC 3-6-4.2-1 Establishment
Sec. 1. The election division is established within the office of the
secretary of state. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-2 Administration
Sec. 2. (a) The secretary of state shall perform all ministerial
duties related to the administration of elections by the state.
(b) The election division shall assist the commission and the
secretary of state in the administration of this title. As added by P.L.8-1995, SEC.19. Amended by P.L.3-1997, SEC.29.
IC 3-6-4.2-2.5 Election division to assist secretary of state in HAVA
administration
Sec. 2.5. The election division shall assist the secretary of state in
the implementation of HAVA. As added by P.L.209-2003, SEC.8.
IC 3-6-4.2-3 Co-directors
Sec. 3. (a) The governor shall appoint two (2) co-directors for the
election division.
(1) The co-directors shall do the following:
(A) Carry out the policies, decisions, and recommendations
of the commission.
(B) Maintain an office for the election division.
(b) The co-directors may not be members of the same political
party.
(c) The co-directors have equal authority and responsibilities
under this title.
(d) The co-directors must:
(1) be classified the same under the state's personnel system;
and
(2) except for differences due to years of service as co-directors,
receive the same compensation. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-3.2 Co-directors; terms
Sec. 3.2. A co-director serves a term of four (4) years, beginning
January 1, 1999, and continuing until the co-director's successor has
been appointed and qualified. As added by P.L.3-1997, SEC.30. IC 3-6-4.2-4 Employees
Sec. 4. The co-directors shall employ other employees as
necessary in the execution of the powers and duties of the
commission. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-5 Political affiliation of employees
Sec. 5. The employees of the election division must be divided
equally between the major political parties of the state. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-6 Number of employees
Sec. 6. Subject to section 5 of this chapter, the co-directors may
each employ an equal number of employees. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-7 Funding for employees
Sec. 7. Equal funding shall be provided to each co-director with
which to employ employees under section 6 of this chapter. As added by P.L.8-1995, SEC.19. Amended by P.L.66-2003, SEC.3.
IC 3-6-4.2-8 Vacancy in co-director position
Sec. 8. (a) When a vacancy in a co-director position occurs, the
secretary of state shall notify the governor and the state chairman of
the political party of which the individual vacating the position is a
member.
(b) The state chairman may submit to the governor in writing,
within thirty (30) days after notice of the vacancy, the names of two
(2) individuals to fill the vacancy. If the state chairman submits the
names of two (2) individuals within the thirty (30) day period, the
governor shall appoint one (1) of the two (2) individuals to fill the
vacancy. If the state chairman fails to submit the names of two (2)
individuals within the thirty (30) day period, the governor shall,
within another ten (10) days, appoint an individual of the same
political party as the state chairman to fill the vacancy.
(c) If a state chairman fails to submit in writing the name of a
qualified successor within thirty (30) days after the state chairman is
notified by the secretary of state of a vacancy, the governor shall:
(1) appoint a member of the political party of the state chairman
to fill the vacancy; and
(2) notify the state chairman of the selection.
(d) The state chairman may disapprove the selection by notifying
the governor within seven (7) days after receiving notice of the
governor's appointment. If the state chairman disapproves the
selection within the seven (7) day period, the governor shall make
another appointment under subsection (b) which is subject to
disapproval of the state chairman under this subsection. If the state
chairman does not disapprove the appointment within the seven (7)
day period, the individual appointed by the governor shall be
employed as the co-director. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-9 Budget estimates
Sec. 9. The secretary of state shall submit biennial budget
estimates for the commission and the election division in the manner
and form required by law. Funds shall be expended only in the
manner and form required by law. As added by P.L.8-1995, SEC.19.
IC 3-6-4.2-10 Audits and investigations
Sec. 10. (a) An audit or investigation authorized by the
commission concerning administration of election laws shall be
conducted by at least two (2) state employees divided equally
between the major political parties of the state.
(b) Notwithstanding subsection (a) or any statutory provisions to
the contrary, the co-directors shall assist in the following actions
upon authorization of the commission:
(1) A hearing or an investigation conducted by the commission
under:
(A) IC 3-7-11 (voter registration violations under NVRA or
IC 3-7); or
(B) IC 3-9-4-15 (campaign finance violations).
(2) An examination or a test of a voting system for the
commission. As added by P.L.8-1995, SEC.19. Amended by P.L.4-1996, SEC.12.
IC 3-6-4.2-11
Reserved
IC 3-6-4.2-12
Duties
Sec. 12. The election division shall do the following:
(1) Maintain complete and uniform descriptions and maps of all
precincts in Indiana.
(2) Promptly update the information required by subdivision (1)
after each precinct establishment order is filed with the
commission under IC 3-11-1.5.
(3) Issue media watcher cards under IC 3-6-10-6.
(4) Prepare and transfer to the department of state revenue voter
registration affidavits for inclusion in state adjusted gross
income tax booklets under IC 6-8.1-3-19.
(5) Serve in accordance with 42 U.S.C. 1973ff-1(b) as the office
in Indiana responsible for providing information regarding voter
registration procedures and absentee ballot procedures to absent
uniformed services voters and overseas voters.
(6) As required by 42 U.S.C. 1973ff-1(c), submit a report to the
federal Election Assistance Commission not later than ninety
(90) days after each general election setting forth the combined
number of absentee ballots:
(A) transmitted to absent uniformed services voters and
overseas voters for the election; and
(B) returned by absent uniformed services voters and
overseas voters and cast in the election.
(7) Implement the state plan in accordance with the
requirements of HAVA (42 U.S.C. 15401 through 15406) and
this title, and appoint members of the committee established
under 42 U.S.C. 15405.
(8) Submit reports required under 42 U.S.C. 15408 to the
federal Election Assistance Commission concerning the use of
federal funds under Title II, Subtitle D, Part I of HAVA. As added by P.L.3-1997, SEC.31. Amended by P.L.209-2003, SEC.9;
P.L.221-2005, SEC.8.
IC 3-6-4.2-12.1 State HAVA plan; HAVA committee; membership; per diem;
expenses
Sec. 12.1. (a) This section applies to the development,
implementation, and amendment of the state plan under HAVA (42
U.S.C. 15401 through 15406).
(b) An individual appointed by the co-directors to serve on the
committee established to develop the state plan to implement HAVA
under 42 U.S.C. 15405 is entitled to receive the compensation or
reimbursement provided under subsection (d) or (e).
(c) For purposes of subsection (d), an individual who holds:
(1) a state office is considered an employee of the state; or
(2) an office of a political subdivision is considered an
employee of the political subdivision.
(d) Each member of the committee who is not a state employee or
an employee of a political subdivision is entitled to receive both of
the following:
(1) The minimum salary per diem provided by
IC 4-10-11-2.1(b).
(2) Reimbursement for travel expenses and other expenses
actually incurred in connection with the member's duties, as
provided in the state travel policies and procedures established
by the Indiana department of administration and approved by
the budget agency.
(e) Each member of the committee who is a state employee or an
employee of a political subdivision is entitled to reimbursement for
travel expenses and other expenses actually incurred in connection
with the member's duties, as provided in the state travel policies and
procedures established by the Indiana department of administration
and approved by the budget agency.
(f) The committee's expenses, including the payment of per diem
and reimbursements under this section, shall be paid from the Section
101 account of the election administration assistance fund
established under IC 3-11-6.5. As added by P.L.209-2003, SEC.10.
IC 3-6-4.2-12.5 Duty of secretary of state to apply for grants for accessibility of
polling places to disabled voters; information regarding accessible
polling places; consent of co-directors
Sec. 12.5. (a) As authorized under 42 U.S.C. 15421, the secretary
of state with the consent of the co-directors of the election division
shall apply to the Secretary of Health and Human Services for
payments under the HAVA (42 U.S.C. 15421 through 15425) to do
the following:
(1) Make polling places (including the path of travel, entrances,
exits, and voting areas of each polling place) more accessible to
individuals with disabilities, including the blind and visually
impaired, in a manner that provides the same opportunity for
access and participation (including privacy and independence)
as other voters.
(2) Provide individuals with disabilities and other individuals
described in subdivision (1) with information about the
accessibility of polling places, including outreach programs to
inform the individuals about the availability of accessible
polling places and training election officials, poll workers, and
election volunteers on how best to promote the access and
participation of individuals with disabilities in elections.
(b) If the secretary of state receives payments from the Secretary
of Health and Human Services under 42 U.S.C. 15421 through
15425, the election division shall expend the money as described in
the application submitted under 42 U.S.C. 15423. As added by P.L.209-2003, SEC.11.
IC 3-6-4.2-13 Assistance from state police department
Sec. 13. (a) The state police department and all state police
officers shall assist the election division, on request, in the
enforcement of the election laws and the discharge of the election
division's duties, including the use of state police radio and
telephone service on election days.
(b) The state police department or a state police officer may not
supplant or interfere with a local law enforcement officer or precinct
election officer in the discharge of official duties. As added by P.L.3-1997, SEC.32.
IC 3-6-4.2-14 Members of county election boards and boards of registration;
instructional meeting; compensation and expenses
Sec. 14. (a) Each year in which a general or municipal election is
held, the election division shall call a meeting of all the members of
the county election boards and the boards of registration to instruct
them as to their duties under this title and federal law (including
HAVA and NVRA). The election division may, but is not required
to, call a meeting under this section during a year in which a general
or a municipal election is not held.
(b) Each circuit court clerk shall attend a meeting called by the
election division under this section.
(c) The codirectors of the election division shall set the time and
place of the instructional meeting. In years in which a primary
election is held, the election division:
(1) may conduct the meeting before the first day of the year;
and
(2) shall conduct the meeting before primary election day.
The instructional meeting may not last for more than two (2) days.
(d) Each member of a county election board or board of
registration and an individual who has been elected or selected to
serve as circuit court clerk but has not yet begun serving in that
office is entitled to receive all of the following from the county
general fund without appropriation:
(1) A per diem of twenty-four dollars ($24) for attending the
instructional meeting called by the election division under this
section.
(2) A mileage allowance at the state rate for the distance
necessarily traveled in going and returning from the place of the
instructional meeting called by the election division under this
section.
(3) Reimbursement for the payment of the instructional meeting
registration fee.
(4) An allowance for lodging for each night preceding
conference attendance equal to the lodging allowance provided
to state employees in travel status. As added by P.L.3-1997, SEC.33. Amended by P.L.38-1999, SEC.5;
P.L.26-2000, SEC.2; P.L.209-2003, SEC.12; P.L.120-2009, SEC.2.
