IC 3-7-11
Chapter 11. State Administration of Voter Registration
IC 3-7-11-1 Designation of chief state election official
Sec. 1. The co-directors of the commission are jointly designated
under 42 U.S.C. 1973gg-8 as the chief state election official
responsible for the coordination of state responsibilities under
NVRA. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.20.
IC 3-7-11-2 Duties of NVRA official
Sec. 2. The NVRA official shall do the following:
(1) Coordinate with the commission to oversee the
implementation and administration of NVRA by the state,
county, municipal, and nongovernmental offices designated as
registration sites under this article.
(2) Develop training programs to assist the offices described in
subdivision (1) in properly administering registration services.
(3) Protect the fundamental rights of voters.
(4) Consult with the federal Election Assistance Commission
under 42 U.S.C. 1973gg-7 to develop a federal mail registration
form.
(5) Comply with 42 U.S.C. 1973gg-4(b) by making federal and
state mail registration forms available for distribution through
governmental and private entities, with particular emphasis on
making the forms available for organized voter registration
programs.
(6) Comply with 42 U.S.C. 1973gg-6(g) by notifying a county
registration officer whenever the NVRA official receives
information from a United States attorney that:
(A) a person has been convicted of a felony in a district
court of the United States; or
(B) the conviction has been overturned.
(7) Receive notices from voter registration agencies in other
states indicating that a person has registered in that state and
requests that the person's registration in Indiana be canceled.
(8) Forward notices received under subdivision (7) to the
appropriate circuit court clerk or board of registration for
cancellation of the voter's registration as provided in 42 U.S.C.
1973gg-6(a)(3)(A).
(9) Assist the federal Election Assistance Commission under 42
U.S.C. 1973gg-7(a)(3) by preparing reports concerning the
impact of NVRA on election administration in Indiana.
(10) Recommend improvements to the Federal Election
Commission concerning federal and state procedures, forms, or
other matters affected by NVRA.
(11) Develop public awareness programs to assist voters in
understanding the services available to them under NVRA.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.21;
P.L.209-2003, SEC.20.
IC 3-7-11-3 Written notice of violation
Sec. 3. (a) This section applies when a person aggrieved by a
violation of:
(1) NVRA; or
(2) this article;
files a written notice of the violation with the NVRA official under
42 U.S.C. 1973gg-9(b) or this chapter. A person who files a written
notice of violation under this section must state in the notice whether
the person has filed a written notice concerning the violation with the
circuit court clerk under IC 3-7-12.
(b) The NVRA official shall promptly provide a copy of the
notice by first class mail to:
(1) the person alleged to have committed the violation; and
(2) the members of the commission.
(c) Notwithstanding this chapter, a person aggrieved by a
violation of NVRA or this article may file a written notice of
violation with the circuit court clerk of the county where the
violation allegedly occurred. If a person files a written notice with
the circuit court clerk, the NVRA official shall not begin
enforcement procedures under this chapter regarding the complaint
unless the person files a complaint with the NVRA official under this
chapter.
(d) This subsection applies if the written notice of violation
alleges that either co-director has committed a violation. The
aggrieved person shall file the written notice with the chair of the
commission. The chair of the commission shall perform the duties
otherwise performed by the NVRA official concerning a written
notice of violation. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.22.
IC 3-7-11-4 Determination of violation
Sec. 4. The NVRA official shall determine whether a notice filed
under section 3 of this chapter describes a violation of NVRA or this
article if the facts set forth in the notice are assumed to be true. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.23.
IC 3-7-11-5 Determination that no violation exists; persons to be notified
Sec. 5. If the NVRA official determines that the notice does not
allege a violation of NVRA or this article, even if the facts set forth
in the notice are assumed to be true, the NVRA official shall provide
a copy 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 commission; and
(4) the attorney general. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.24.
IC 3-7-11-6 Investigation of violation
Sec. 6. If the NVRA official determines that the notice alleges a
violation of NVRA or this article if the facts set forth in the notice
are assumed to be true, the NVRA official shall conduct an
investigation under IC 3-6-4.2. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.25;
P.L.209-2003, SEC.21.
IC 3-7-11-7 Report of investigation; copies
Sec. 7. The NVRA official, upon completing the investigation,
shall submit the results of the investigation to the commission, who
shall then issue a written report. The commission shall provide a
copy of the report 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 commission; and
(4) the attorney general. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.26.
IC 3-7-11-8 Contents of report
Sec. 8. The report described in section 7 of this chapter must:
(1) indicate the date when the notice alleging the violation was
received by the NVRA official;
(2) contain findings of fact regarding the alleged violation of
NVRA or this article and state whether a violation of NVRA or
this article appears to have occurred;
(3) state what steps, if any, the person alleged to have
committed the violation has taken to correct a violation or to
prevent a reoccurrence of a violation;
(4) suggest any additional measures that could be taken to
correct a violation;
(5) indicate the date when a violation was corrected or is
expected to be corrected; and
(6) indicate the number of days remaining after the issuance of
the report until the next election will be conducted:
(A) for a federal office in the jurisdiction where the violation
is alleged to have occurred if the notice alleges a violation of
NVRA; or
(B) for any other office or on any public question if the
notice alleges a violation of this article. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.27.
IC 3-7-11-9 Request for hearing
Sec. 9. (a) Any member of the commission may request that the
commission conduct a hearing on the NVRA official's report
concerning an alleged violation of NVRA or this article.
(b) The member must file a written request for a hearing under
subsection (a) with the NVRA official not later than noon, seven (7)
days after the NVRA official's report was mailed under section 7 of
this chapter. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.28.
IC 3-7-11-10 Hearing within 30 days
Sec. 10. The chairman of the commission shall convene the
hearing as promptly as possible, but not later than thirty (30) days
after the member files the request for a hearing under section 9 of
this chapter. As added by P.L.12-1995, SEC.20. Amended by P.L.2-1998, SEC.3.
IC 3-7-11-11 Duties of commission after hearing
Sec. 11. After concluding the hearing, the commission shall:
(1) affirm the report;
(2) amend the report; or
(3) refer the matter to the NVRA official for further
investigation and submission of a subsequent report to the
commission. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.29.
IC 3-7-11-12 Written summary forwarded
Sec. 12. The commission shall forward a written summary of any
action under section 11 of this chapter by certified mail to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation; and
(3) the attorney general. As added by P.L.12-1995, SEC.20. Amended by P.L.2-1996, SEC.9.
IC 3-7-11-13 Declaratory or injunctive relief; written notice by person aggrieved
Sec. 13. (a) This section applies to an election for an elected
office or on a public question that is not an election (as defined in 2
U.S.C. 431(1) and referenced in 42 U.S.C. 1973gg-1(1)).
(b) The attorney general may file a civil action for declaratory or
injunctive relief necessary to carry out this article for the election.
(c) A person aggrieved by a violation of this article concerning the
election may provide written notice of the violation to the NVRA
official.
(d) Notwithstanding subsection (c), a person aggrieved by a
violation of NVRA or this article may file a written notice of
violation with the circuit court clerk of the county where the
violation allegedly occurred. If a person files a written notice with
the circuit court clerk, the NVRA official shall not begin
enforcement procedures under this chapter regarding the complaint
unless the person files a complaint with the NVRA official under this
chapter. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.30.
IC 3-7-11-14 Procedures for notice; remedies and procedures for aggrieved
person if violation not corrected
Sec. 14. (a) This section applies to a written notice filed under
section 13 of this chapter.
(b) The NVRA official and the members of the commission shall
comply with the procedures set forth in sections 3 through 12 of this
chapter in taking action concerning the notice.
(c) The aggrieved person may file a civil action if the violation is
not corrected:
(1) within ninety (90) days after the NVRA official receives the
notice; or
(2) within twenty (20) days after the NVRA official receives the
notice if the violation occurs not later than one hundred twenty
(120) days before the election occurs.
(d) The aggrieved person must provide written notice of the
violation to the NVRA official under this section before filing a civil
action unless the violation occurs less than thirty (30) days before the
election occurs. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.31.
IC 3-7-11-15 Attorney's fees
Sec. 15. (a) This section applies to a civil action filed under
section 14 of this chapter.
(b) A court may allow the prevailing party (other than the state of
Indiana) reasonable attorney's fees, including litigation expenses, and
costs.
(c) The civil action is in addition to any other rights and remedies
provided by law. As added by P.L.12-1995, SEC.20.
IC 3-7-11
Chapter 11. State Administration of Voter Registration
IC 3-7-11-1 Designation of chief state election official
Sec. 1. The co-directors of the commission are jointly designated
under 42 U.S.C. 1973gg-8 as the chief state election official
responsible for the coordination of state responsibilities under
NVRA. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.20.
IC 3-7-11-2 Duties of NVRA official
Sec. 2. The NVRA official shall do the following:
(1) Coordinate with the commission to oversee the
implementation and administration of NVRA by the state,
county, municipal, and nongovernmental offices designated as
registration sites under this article.
(2) Develop training programs to assist the offices described in
subdivision (1) in properly administering registration services.
(3) Protect the fundamental rights of voters.
(4) Consult with the federal Election Assistance Commission
under 42 U.S.C. 1973gg-7 to develop a federal mail registration
form.
(5) Comply with 42 U.S.C. 1973gg-4(b) by making federal and
state mail registration forms available for distribution through
governmental and private entities, with particular emphasis on
making the forms available for organized voter registration
programs.
(6) Comply with 42 U.S.C. 1973gg-6(g) by notifying a county
registration officer whenever the NVRA official receives
information from a United States attorney that:
(A) a person has been convicted of a felony in a district
court of the United States; or
(B) the conviction has been overturned.
(7) Receive notices from voter registration agencies in other
states indicating that a person has registered in that state and
requests that the person's registration in Indiana be canceled.
(8) Forward notices received under subdivision (7) to the
appropriate circuit court clerk or board of registration for
cancellation of the voter's registration as provided in 42 U.S.C.
1973gg-6(a)(3)(A).
(9) Assist the federal Election Assistance Commission under 42
U.S.C. 1973gg-7(a)(3) by preparing reports concerning the
impact of NVRA on election administration in Indiana.
(10) Recommend improvements to the Federal Election
Commission concerning federal and state procedures, forms, or
other matters affected by NVRA.
(11) Develop public awareness programs to assist voters in
understanding the services available to them under NVRA.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.21;
P.L.209-2003, SEC.20.
IC 3-7-11-3 Written notice of violation
Sec. 3. (a) This section applies when a person aggrieved by a
violation of:
(1) NVRA; or
(2) this article;
files a written notice of the violation with the NVRA official under
42 U.S.C. 1973gg-9(b) or this chapter. A person who files a written
notice of violation under this section must state in the notice whether
the person has filed a written notice concerning the violation with the
circuit court clerk under IC 3-7-12.
(b) The NVRA official shall promptly provide a copy of the
notice by first class mail to:
(1) the person alleged to have committed the violation; and
(2) the members of the commission.
(c) Notwithstanding this chapter, a person aggrieved by a
violation of NVRA or this article may file a written notice of
violation with the circuit court clerk of the county where the
violation allegedly occurred. If a person files a written notice with
the circuit court clerk, the NVRA official shall not begin
enforcement procedures under this chapter regarding the complaint
unless the person files a complaint with the NVRA official under this
chapter.
(d) This subsection applies if the written notice of violation
alleges that either co-director has committed a violation. The
aggrieved person shall file the written notice with the chair of the
commission. The chair of the commission shall perform the duties
otherwise performed by the NVRA official concerning a written
notice of violation. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.22.
IC 3-7-11-4 Determination of violation
Sec. 4. The NVRA official shall determine whether a notice filed
under section 3 of this chapter describes a violation of NVRA or this
article if the facts set forth in the notice are assumed to be true. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.23.
IC 3-7-11-5 Determination that no violation exists; persons to be notified
Sec. 5. If the NVRA official determines that the notice does not
allege a violation of NVRA or this article, even if the facts set forth
in the notice are assumed to be true, the NVRA official shall provide
a copy 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 commission; and
(4) the attorney general. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.24.
IC 3-7-11-6 Investigation of violation
Sec. 6. If the NVRA official determines that the notice alleges a
violation of NVRA or this article if the facts set forth in the notice
are assumed to be true, the NVRA official shall conduct an
investigation under IC 3-6-4.2. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.25;
P.L.209-2003, SEC.21.
IC 3-7-11-7 Report of investigation; copies
Sec. 7. The NVRA official, upon completing the investigation,
shall submit the results of the investigation to the commission, who
shall then issue a written report. The commission shall provide a
copy of the report 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 commission; and
(4) the attorney general. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.26.
IC 3-7-11-8 Contents of report
Sec. 8. The report described in section 7 of this chapter must:
(1) indicate the date when the notice alleging the violation was
received by the NVRA official;
(2) contain findings of fact regarding the alleged violation of
NVRA or this article and state whether a violation of NVRA or
this article appears to have occurred;
(3) state what steps, if any, the person alleged to have
committed the violation has taken to correct a violation or to
prevent a reoccurrence of a violation;
(4) suggest any additional measures that could be taken to
correct a violation;
(5) indicate the date when a violation was corrected or is
expected to be corrected; and
(6) indicate the number of days remaining after the issuance of
the report until the next election will be conducted:
(A) for a federal office in the jurisdiction where the violation
is alleged to have occurred if the notice alleges a violation of
NVRA; or
(B) for any other office or on any public question if the
notice alleges a violation of this article. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.27.
IC 3-7-11-9 Request for hearing
Sec. 9. (a) Any member of the commission may request that the
commission conduct a hearing on the NVRA official's report
concerning an alleged violation of NVRA or this article.
(b) The member must file a written request for a hearing under
subsection (a) with the NVRA official not later than noon, seven (7)
days after the NVRA official's report was mailed under section 7 of
this chapter. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.28.
IC 3-7-11-10 Hearing within 30 days
Sec. 10. The chairman of the commission shall convene the
hearing as promptly as possible, but not later than thirty (30) days
after the member files the request for a hearing under section 9 of
this chapter. As added by P.L.12-1995, SEC.20. Amended by P.L.2-1998, SEC.3.
IC 3-7-11-11 Duties of commission after hearing
Sec. 11. After concluding the hearing, the commission shall:
(1) affirm the report;
(2) amend the report; or
(3) refer the matter to the NVRA official for further
investigation and submission of a subsequent report to the
commission. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.29.
IC 3-7-11-12 Written summary forwarded
Sec. 12. The commission shall forward a written summary of any
action under section 11 of this chapter by certified mail to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation; and
(3) the attorney general. As added by P.L.12-1995, SEC.20. Amended by P.L.2-1996, SEC.9.
IC 3-7-11-13 Declaratory or injunctive relief; written notice by person aggrieved
Sec. 13. (a) This section applies to an election for an elected
office or on a public question that is not an election (as defined in 2
U.S.C. 431(1) and referenced in 42 U.S.C. 1973gg-1(1)).
(b) The attorney general may file a civil action for declaratory or
injunctive relief necessary to carry out this article for the election.
(c) A person aggrieved by a violation of this article concerning the
election may provide written notice of the violation to the NVRA
official.
(d) Notwithstanding subsection (c), a person aggrieved by a
violation of NVRA or this article may file a written notice of
violation with the circuit court clerk of the county where the
violation allegedly occurred. If a person files a written notice with
the circuit court clerk, the NVRA official shall not begin
enforcement procedures under this chapter regarding the complaint
unless the person files a complaint with the NVRA official under this
chapter. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.30.
IC 3-7-11-14 Procedures for notice; remedies and procedures for aggrieved
person if violation not corrected
Sec. 14. (a) This section applies to a written notice filed under
section 13 of this chapter.
(b) The NVRA official and the members of the commission shall
comply with the procedures set forth in sections 3 through 12 of this
chapter in taking action concerning the notice.
(c) The aggrieved person may file a civil action if the violation is
not corrected:
(1) within ninety (90) days after the NVRA official receives the
notice; or
(2) within twenty (20) days after the NVRA official receives the
notice if the violation occurs not later than one hundred twenty
(120) days before the election occurs.
(d) The aggrieved person must provide written notice of the
violation to the NVRA official under this section before filing a civil
action unless the violation occurs less than thirty (30) days before the
election occurs. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.31.
IC 3-7-11-15 Attorney's fees
Sec. 15. (a) This section applies to a civil action filed under
section 14 of this chapter.
(b) A court may allow the prevailing party (other than the state of
Indiana) reasonable attorney's fees, including litigation expenses, and
costs.
(c) The civil action is in addition to any other rights and remedies
provided by law. As added by P.L.12-1995, SEC.20.
IC 3-7-11
Chapter 11. State Administration of Voter Registration
IC 3-7-11-1 Designation of chief state election official
Sec. 1. The co-directors of the commission are jointly designated
under 42 U.S.C. 1973gg-8 as the chief state election official
responsible for the coordination of state responsibilities under
NVRA. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.20.
IC 3-7-11-2 Duties of NVRA official
Sec. 2. The NVRA official shall do the following:
(1) Coordinate with the commission to oversee the
implementation and administration of NVRA by the state,
county, municipal, and nongovernmental offices designated as
registration sites under this article.
(2) Develop training programs to assist the offices described in
subdivision (1) in properly administering registration services.
(3) Protect the fundamental rights of voters.
(4) Consult with the federal Election Assistance Commission
under 42 U.S.C. 1973gg-7 to develop a federal mail registration
form.
(5) Comply with 42 U.S.C. 1973gg-4(b) by making federal and
state mail registration forms available for distribution through
governmental and private entities, with particular emphasis on
making the forms available for organized voter registration
programs.
(6) Comply with 42 U.S.C. 1973gg-6(g) by notifying a county
registration officer whenever the NVRA official receives
information from a United States attorney that:
(A) a person has been convicted of a felony in a district
court of the United States; or
(B) the conviction has been overturned.
(7) Receive notices from voter registration agencies in other
states indicating that a person has registered in that state and
requests that the person's registration in Indiana be canceled.
(8) Forward notices received under subdivision (7) to the
appropriate circuit court clerk or board of registration for
cancellation of the voter's registration as provided in 42 U.S.C.
1973gg-6(a)(3)(A).
(9) Assist the federal Election Assistance Commission under 42
U.S.C. 1973gg-7(a)(3) by preparing reports concerning the
impact of NVRA on election administration in Indiana.
(10) Recommend improvements to the Federal Election
Commission concerning federal and state procedures, forms, or
other matters affected by NVRA.
(11) Develop public awareness programs to assist voters in
understanding the services available to them under NVRA.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.21;
P.L.209-2003, SEC.20.
IC 3-7-11-3 Written notice of violation
Sec. 3. (a) This section applies when a person aggrieved by a
violation of:
(1) NVRA; or
(2) this article;
files a written notice of the violation with the NVRA official under
42 U.S.C. 1973gg-9(b) or this chapter. A person who files a written
notice of violation under this section must state in the notice whether
the person has filed a written notice concerning the violation with the
circuit court clerk under IC 3-7-12.
(b) The NVRA official shall promptly provide a copy of the
notice by first class mail to:
(1) the person alleged to have committed the violation; and
(2) the members of the commission.
(c) Notwithstanding this chapter, a person aggrieved by a
violation of NVRA or this article may file a written notice of
violation with the circuit court clerk of the county where the
violation allegedly occurred. If a person files a written notice with
the circuit court clerk, the NVRA official shall not begin
enforcement procedures under this chapter regarding the complaint
unless the person files a complaint with the NVRA official under this
chapter.
(d) This subsection applies if the written notice of violation
alleges that either co-director has committed a violation. The
aggrieved person shall file the written notice with the chair of the
commission. The chair of the commission shall perform the duties
otherwise performed by the NVRA official concerning a written
notice of violation. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.22.
IC 3-7-11-4 Determination of violation
Sec. 4. The NVRA official shall determine whether a notice filed
under section 3 of this chapter describes a violation of NVRA or this
article if the facts set forth in the notice are assumed to be true. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.23.
IC 3-7-11-5 Determination that no violation exists; persons to be notified
Sec. 5. If the NVRA official determines that the notice does not
allege a violation of NVRA or this article, even if the facts set forth
in the notice are assumed to be true, the NVRA official shall provide
a copy 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 commission; and
(4) the attorney general. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.24.
IC 3-7-11-6 Investigation of violation
Sec. 6. If the NVRA official determines that the notice alleges a
violation of NVRA or this article if the facts set forth in the notice
are assumed to be true, the NVRA official shall conduct an
investigation under IC 3-6-4.2. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.25;
P.L.209-2003, SEC.21.
IC 3-7-11-7 Report of investigation; copies
Sec. 7. The NVRA official, upon completing the investigation,
shall submit the results of the investigation to the commission, who
shall then issue a written report. The commission shall provide a
copy of the report 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 commission; and
(4) the attorney general. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.26.
IC 3-7-11-8 Contents of report
Sec. 8. The report described in section 7 of this chapter must:
(1) indicate the date when the notice alleging the violation was
received by the NVRA official;
(2) contain findings of fact regarding the alleged violation of
NVRA or this article and state whether a violation of NVRA or
this article appears to have occurred;
(3) state what steps, if any, the person alleged to have
committed the violation has taken to correct a violation or to
prevent a reoccurrence of a violation;
(4) suggest any additional measures that could be taken to
correct a violation;
(5) indicate the date when a violation was corrected or is
expected to be corrected; and
(6) indicate the number of days remaining after the issuance of
the report until the next election will be conducted:
(A) for a federal office in the jurisdiction where the violation
is alleged to have occurred if the notice alleges a violation of
NVRA; or
(B) for any other office or on any public question if the
notice alleges a violation of this article. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.27.
IC 3-7-11-9 Request for hearing
Sec. 9. (a) Any member of the commission may request that the
commission conduct a hearing on the NVRA official's report
concerning an alleged violation of NVRA or this article.
(b) The member must file a written request for a hearing under
subsection (a) with the NVRA official not later than noon, seven (7)
days after the NVRA official's report was mailed under section 7 of
this chapter. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.28.
IC 3-7-11-10 Hearing within 30 days
Sec. 10. The chairman of the commission shall convene the
hearing as promptly as possible, but not later than thirty (30) days
after the member files the request for a hearing under section 9 of
this chapter. As added by P.L.12-1995, SEC.20. Amended by P.L.2-1998, SEC.3.
IC 3-7-11-11 Duties of commission after hearing
Sec. 11. After concluding the hearing, the commission shall:
(1) affirm the report;
(2) amend the report; or
(3) refer the matter to the NVRA official for further
investigation and submission of a subsequent report to the
commission. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.29.
IC 3-7-11-12 Written summary forwarded
Sec. 12. The commission shall forward a written summary of any
action under section 11 of this chapter by certified mail to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation; and
(3) the attorney general. As added by P.L.12-1995, SEC.20. Amended by P.L.2-1996, SEC.9.
IC 3-7-11-13 Declaratory or injunctive relief; written notice by person aggrieved
Sec. 13. (a) This section applies to an election for an elected
office or on a public question that is not an election (as defined in 2
U.S.C. 431(1) and referenced in 42 U.S.C. 1973gg-1(1)).
(b) The attorney general may file a civil action for declaratory or
injunctive relief necessary to carry out this article for the election.
(c) A person aggrieved by a violation of this article concerning the
election may provide written notice of the violation to the NVRA
official.
(d) Notwithstanding subsection (c), a person aggrieved by a
violation of NVRA or this article may file a written notice of
violation with the circuit court clerk of the county where the
violation allegedly occurred. If a person files a written notice with
the circuit court clerk, the NVRA official shall not begin
enforcement procedures under this chapter regarding the complaint
unless the person files a complaint with the NVRA official under this
chapter. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.30.
IC 3-7-11-14 Procedures for notice; remedies and procedures for aggrieved
person if violation not corrected
Sec. 14. (a) This section applies to a written notice filed under
section 13 of this chapter.
(b) The NVRA official and the members of the commission shall
comply with the procedures set forth in sections 3 through 12 of this
chapter in taking action concerning the notice.
(c) The aggrieved person may file a civil action if the violation is
not corrected:
(1) within ninety (90) days after the NVRA official receives the
notice; or
(2) within twenty (20) days after the NVRA official receives the
notice if the violation occurs not later than one hundred twenty
(120) days before the election occurs.
(d) The aggrieved person must provide written notice of the
violation to the NVRA official under this section before filing a civil
action unless the violation occurs less than thirty (30) days before the
election occurs. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.31.
IC 3-7-11-15 Attorney's fees
Sec. 15. (a) This section applies to a civil action filed under
section 14 of this chapter.
(b) A court may allow the prevailing party (other than the state of
Indiana) reasonable attorney's fees, including litigation expenses, and
costs.
(c) The civil action is in addition to any other rights and remedies
provided by law. As added by P.L.12-1995, SEC.20.
