IC 3-7-26.3
Chapter 26.3. Statewide Voter Registration List
IC 3-7-26.3-1
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-7-26.3-2 "Computerized list"
Sec. 2. As used in this chapter, "computerized list" refers to the
statewide voter registration list established under section 3 of this
chapter. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-3 Establishment of statewide voter registration list
Sec. 3. As required under 42 U.S.C. 15483, the secretary of state
with the consent of the co-directors of the election division shall
implement, in a uniform and nondiscriminatory manner, a single,
uniform, official, centralized, and interactive statewide voter
registration list under this chapter. As added by P.L.209-2003, SEC.35. Amended by P.L.164-2006,
SEC.12.
IC 3-7-26.3-4 Requirements for list; ownership of list; use of list
Sec. 4. (a) As required under 42 U.S.C. 15483, the computerized
list must:
(1) be defined, maintained, and administered at the state level;
(2) contain the name and registration information of every voter
in Indiana; and
(3) assign a unique identifier to each voter in Indiana.
(b) To ensure the proper maintenance and administration of the
list under subsection (a)(1), the secretary of state and the election
division are the owners of all property comprising the computerized
list. Except as expressly provided by statute, the computerized list
and each of its components must be used exclusively for voter
registration and election administration and for no other purpose. As added by P.L.209-2003, SEC.35. Amended by P.L.81-2005,
SEC.11.
IC 3-7-26.3-4.5 Maintaining computerized list; agreement with county
Sec. 4.5. The state may enter into agreements with a county to use
existing county property for purposes of maintaining the
computerized list. If the county's equipment fails to perform properly
in maintaining the computerized list, the state may cancel any
existing agreement with the county and install additional state owned
equipment in any county facility to ensure proper operation and
maintenance of the computerized list.
As added by P.L.164-2006, SEC.13.
IC 3-7-26.3-5 List as single system to maintain voter registration information in
Indiana
Sec. 5. In accordance with 42 U.S.C. 15483, the computerized list
serves as:
(1) the single system for storing and managing the official list
of voters throughout Indiana; and
(2) the official voter registration list for the conduct of all
elections in Indiana. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-6 Coordination with other state agency data bases
Sec. 6. As required under 42 U.S.C. 15483, the computerized list
must be coordinated with other agency data bases within Indiana. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-7 Electronic access to the list
Sec. 7. As required under 42 U.S.C. 15483, each county voter
registration office, the election division, and the secretary of state
must be able to obtain immediate electronic access to the information
contained in the computerized list. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-8 Change of data in list; authority of county voter registration offices
Sec. 8. The computerized list must be formatted so that only the
county voter registration office of a county may change data in the
file concerning the voters registered in that county. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-9 Entry of voter registration information
Sec. 9. As required under 42 U.S.C. 15483, a county voter
registration office must electronically enter all voter registration
information obtained by the county voter registration office into the
computerized list on an expedited basis at the time the information
is provided to the county voter registration office. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-10 Support to county voter registration offices
Sec. 10. As required under 42 U.S.C. 15483, the secretary of state
and the election division shall provide the support required for the
county voter registration office to enter the information into the
computerized list. As added by P.L.209-2003, SEC.35. IC 3-7-26.3-11 List maintenance; removal of voters from the list
Sec. 11. As required under 42 U.S.C. 15483, the county voter
registration office shall perform list maintenance with respect to the
computerized list on a regular basis. The list maintenance activity
required under this section includes the removal of an individual
from the list when required by this article and NVRA following:
(1) the death of the individual;
(2) the individual's confirmation that the individual resides
outside the county in which the individual is registered; or
(3) an inactive voter's failure to respond to a notice or otherwise
act in accordance with 42 U.S.C. 1973gg-6 to require the voter's
registration to be reclassified as active within the period
prescribed by NVRA. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-12 Coordination of list with department of correction records
Sec. 12. As required under 42 U.S.C. 15483, the election division
shall coordinate the computerized list with the department of
correction records concerning individuals disfranchised under
IC 3-7-46. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-13 Coordination of list with state department of health records
Sec. 13. As required under 42 U.S.C. 15483, the election division
shall coordinate the computerized list with the state department of
health concerning individuals identified as deceased under IC 3-7-45. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-14 Standards for list maintenance
Sec. 14. As required under 42 U.S.C. 15483, the computerized list
maintenance performed under sections 11 through 13 of this chapter
must ensure that:
(1) the name of each voter appears in the computerized list;
(2) only voters who are not eligible to vote are removed from
the computerized list; and
(3) duplicate names of an individual voter are eliminated from
the computerized list. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-15 Security of list
Sec. 15. As required under 42 U.S.C. 15483, the election division
and each county voter registration office shall provide adequate
technological security measures to prevent unauthorized access to the
computerized list. As added by P.L.209-2003, SEC.35. IC 3-7-26.3-16 Accuracy of list; updates
Sec. 16. As required under 42 U.S.C. 15483, the election division
and each county voter registration office shall ensure that voter
registration records are accurate and updated regularly. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-17 Removal of inactive voters from list
Sec. 17. As required under 42 U.S.C. 15483, the election division
and each county voter registration office shall perform the list
maintenance required under NVRA to ensure that inactive voters
described in section 11(3) of this chapter and 42 U.S.C.
1973gg-6(d)(1)(B) are removed from the official list of eligible
voters. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-18 Verification of information with bureau of motor vehicles;
agreement to implement
Sec. 18. As required under 42 U.S.C. 15483, the secretary of state,
the co-directors of the election division, and the bureau of motor
vehicles commission shall enter into an agreement to match
information in the computerized list data base with information in the
data base of the bureau of motor vehicles commission to enable the
election division (acting on behalf of the secretary of state) and the
commission to verify the accuracy of the information provided on
voter registration applications. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-19 Agreement between bureau of motor vehicles and Social Security
Administration; information to be verified
Sec. 19. (a) As required under 42 U.S.C. 15483, the bureau of
motor vehicles commission shall enter into an agreement with the
Commissioner of Social Security under 42 U.S.C. 405(r)(8)(A) to
verify information set forth on voter registration applications.
(b) The following information is subject to verification under this
section:
(1) Whether the name (including the first name and any family
forename or surname), date of birth (including month, day, and
year), and Social Security number of an individual provided to
the Commissioner of Social Security match the information
contained in the Commissioner's records.
(2) Whether the individual is shown in the records of the
Commissioner of Social Security as deceased. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-20 Requirements for agreement
Sec. 20. As required by 42 U.S.C. 15483, the agreement under
section 19 of this chapter must include:
(1) safeguards to assure the maintenance of the confidentiality
of any information disclosed to the bureau;
(2) procedures to permit the bureau to use the information to
maintain the bureau's records; and
(3) procedures to permit the election division to coordinate the
records of the computerized list established under this chapter
with the bureau's data base as provided by section 6 of this
chapter. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-21 Confidentiality of information; permissible uses of information
Sec. 21. As provided by 42 U.S.C. 15483, the information
provided by the Commissioner of Social Security or by an individual
to the bureau of motor vehicles is confidential. The information may
be used only for the purposes described under 42 U.S.C. 15483 and
sections 19 and 20 of this chapter. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-22 List requirement; voter information
Sec. 22. The computerized list must contain at least the following
information for each voter:
(1) The voter's voting history for at least the previous ten (10)
years, if available, including the political party ballot requested
by the voter at any primary election during the period.
(2) The source of the voter's registration application.
(3) A listing of all previous addresses at which the voter was
registered to vote during at least the previous ten (10) years, if
available.
(4) Information concerning the documentation submitted by the
voter to comply with the requirements of HAVA.
(5) Documentation of all changes to the registration made by
the voter.
(6) Documentation concerning all notices sent to the voter by
the county voter registration office. As added by P.L.14-2004, SEC.29.
IC 3-7-26.3-23 List requirement; absentee ballot management features
Sec. 23. The computerized list must include absentee ballot
management features that do the following:
(1) Manage absentee ballots based on the type, eligibility, and
status of the absentee voter.
(2) Permit the printing of absentee labels by group or date, or by
individual for use by a voter voting in person at the county
election board office.
(3) Permit the documentation of the date on which each
absentee ballot is issued and returned.
(4) Permit the printing of absentee ballot applications with voter
registration information for the absentee ballot applicant. As added by P.L.14-2004, SEC.30.
IC 3-7-26.3-24 List requirement; clerk transmittals to election division
Sec. 24. The computerized list must permit a circuit court clerk to
transmit reports or statements to the election division under IC 3-6-5,
this article, IC 3-8-3, or IC 3-12-5. As added by P.L.14-2004, SEC.31. Amended by P.L.81-2005,
SEC.12.
IC 3-7-26.3-25 List requirement; election and poll worker management features
Sec. 25. The computerized list must include election and poll
worker management features such as whether poll workers served
only part of an election day. As added by P.L.14-2004, SEC.32.
IC 3-7-26.3-26 List requirement; disaster recovery plan
Sec. 26. The computerized list must provide fully synchronized
backup and recovery with a well defined disaster recovery plan. As added by P.L.14-2004, SEC.33.
IC 3-7-26.3-27 List requirement; signature digitizing features
Sec. 27. The computerized list must include signature digitizing
features that have the ability to accept and maintain a scanned image
of the voter's signature. As added by P.L.14-2004, SEC.34.
IC 3-7-26.3-28 List requirement; street file management features
Sec. 28. The computerized list must include street file
management features that do the following:
(1) Include an integral street file with automatic assignment to
election districts and jurisdictions based on residence address
location.
(2) Permit changing street names throughout a county or for
specific areas within a county.
(3) Permit interfacing with geographic information systems.
(4) Permit comprehensive changes to reflect changes in
legislative district or precinct boundary lines.
(5) Permit the accommodation of multiple place names within
a single ZIP code area.
(6) Permit the tracking and management of data concerning
polling place locations. As added by P.L.14-2004, SEC.35. IC 3-7-26.3-29 List requirement; voter registration management features
Sec. 29. The computerized list must include voter registration
management features that do the following:
(1) Automatically assign voter identification numbers in
accordance with this title.
(2) Calculate the number of registered voters by precinct or any
election district.
(3) Permit expedited web based inquiries concerning polling
place locations.
(4) Track and report all voter list maintenance transactions
performed within the system.
(5) Permit tracking regarding the political party ballot requested
by voters voting in a primary.
(6) Generate a variety of reports on paper, compact disc, or
floppy disc format, such as walking lists, call lists, lists of
voters by precinct, lists of voters by name, date of birth, or date
of registration, and lists of voters by other household data.
(7) Identify voters who are currently less than eighteen (18)
years of age.
(8) Permit electronic processing of voter registration
information received as files from other state and federal
agencies.
(9) Provide flexible query functions for management and
statistical reports, including the ability of the secretary of state
or a co-director of the election division to view individual voter
registration records.
(10) Contain full audit controls and management reports to
track and manage the work of county voter registration office
employees, including the ability of the secretary of state or the
co-directors of the election division to determine whether a
county voter registration office is performing voter list
maintenance functions in the manner required by IC 3-7. As added by P.L.14-2004, SEC.36.
IC 3-7-26.3-30 List requirement; help desk support feature
Sec. 30. The computerized list must include a help desk support
feature, staffed by individuals who can provide assistance to county
voter registration offices regarding the proper operation of the
system. As added by P.L.14-2004, SEC.37.
IC 3-7-26.3-31 List requirement; other features
Sec. 31. The computerized list must include features permitting
the secretary of state or a co-director of the election division to
include other features determined by the secretary of state and the
co-directors of the election division. As added by P.L.14-2004, SEC.38. IC 3-7-26.3-32 List requirement; features for county with county voter
registration office
Sec. 32. (a) This section applies to a county with a county voter
registration office described in IC 3-5-2-16.2(1) or IC 3-5-2-16.2(2).
(b) The computerized list must permit a county election board to
view data concerning voters of the county in order to do the
following:
(1) Administer absentee balloting.
(2) Determine whether an individual who wishes to file as a
candidate is a voter of the county. As added by P.L.14-2004, SEC.39.
IC 3-7-26.3
Chapter 26.3. Statewide Voter Registration List
IC 3-7-26.3-1
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-7-26.3-2 "Computerized list"
Sec. 2. As used in this chapter, "computerized list" refers to the
statewide voter registration list established under section 3 of this
chapter. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-3 Establishment of statewide voter registration list
Sec. 3. As required under 42 U.S.C. 15483, the secretary of state
with the consent of the co-directors of the election division shall
implement, in a uniform and nondiscriminatory manner, a single,
uniform, official, centralized, and interactive statewide voter
registration list under this chapter. As added by P.L.209-2003, SEC.35. Amended by P.L.164-2006,
SEC.12.
IC 3-7-26.3-4 Requirements for list; ownership of list; use of list
Sec. 4. (a) As required under 42 U.S.C. 15483, the computerized
list must:
(1) be defined, maintained, and administered at the state level;
(2) contain the name and registration information of every voter
in Indiana; and
(3) assign a unique identifier to each voter in Indiana.
(b) To ensure the proper maintenance and administration of the
list under subsection (a)(1), the secretary of state and the election
division are the owners of all property comprising the computerized
list. Except as expressly provided by statute, the computerized list
and each of its components must be used exclusively for voter
registration and election administration and for no other purpose. As added by P.L.209-2003, SEC.35. Amended by P.L.81-2005,
SEC.11.
IC 3-7-26.3-4.5 Maintaining computerized list; agreement with county
Sec. 4.5. The state may enter into agreements with a county to use
existing county property for purposes of maintaining the
computerized list. If the county's equipment fails to perform properly
in maintaining the computerized list, the state may cancel any
existing agreement with the county and install additional state owned
equipment in any county facility to ensure proper operation and
maintenance of the computerized list.
As added by P.L.164-2006, SEC.13.
IC 3-7-26.3-5 List as single system to maintain voter registration information in
Indiana
Sec. 5. In accordance with 42 U.S.C. 15483, the computerized list
serves as:
(1) the single system for storing and managing the official list
of voters throughout Indiana; and
(2) the official voter registration list for the conduct of all
elections in Indiana. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-6 Coordination with other state agency data bases
Sec. 6. As required under 42 U.S.C. 15483, the computerized list
must be coordinated with other agency data bases within Indiana. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-7 Electronic access to the list
Sec. 7. As required under 42 U.S.C. 15483, each county voter
registration office, the election division, and the secretary of state
must be able to obtain immediate electronic access to the information
contained in the computerized list. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-8 Change of data in list; authority of county voter registration offices
Sec. 8. The computerized list must be formatted so that only the
county voter registration office of a county may change data in the
file concerning the voters registered in that county. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-9 Entry of voter registration information
Sec. 9. As required under 42 U.S.C. 15483, a county voter
registration office must electronically enter all voter registration
information obtained by the county voter registration office into the
computerized list on an expedited basis at the time the information
is provided to the county voter registration office. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-10 Support to county voter registration offices
Sec. 10. As required under 42 U.S.C. 15483, the secretary of state
and the election division shall provide the support required for the
county voter registration office to enter the information into the
computerized list. As added by P.L.209-2003, SEC.35. IC 3-7-26.3-11 List maintenance; removal of voters from the list
Sec. 11. As required under 42 U.S.C. 15483, the county voter
registration office shall perform list maintenance with respect to the
computerized list on a regular basis. The list maintenance activity
required under this section includes the removal of an individual
from the list when required by this article and NVRA following:
(1) the death of the individual;
(2) the individual's confirmation that the individual resides
outside the county in which the individual is registered; or
(3) an inactive voter's failure to respond to a notice or otherwise
act in accordance with 42 U.S.C. 1973gg-6 to require the voter's
registration to be reclassified as active within the period
prescribed by NVRA. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-12 Coordination of list with department of correction records
Sec. 12. As required under 42 U.S.C. 15483, the election division
shall coordinate the computerized list with the department of
correction records concerning individuals disfranchised under
IC 3-7-46. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-13 Coordination of list with state department of health records
Sec. 13. As required under 42 U.S.C. 15483, the election division
shall coordinate the computerized list with the state department of
health concerning individuals identified as deceased under IC 3-7-45. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-14 Standards for list maintenance
Sec. 14. As required under 42 U.S.C. 15483, the computerized list
maintenance performed under sections 11 through 13 of this chapter
must ensure that:
(1) the name of each voter appears in the computerized list;
(2) only voters who are not eligible to vote are removed from
the computerized list; and
(3) duplicate names of an individual voter are eliminated from
the computerized list. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-15 Security of list
Sec. 15. As required under 42 U.S.C. 15483, the election division
and each county voter registration office shall provide adequate
technological security measures to prevent unauthorized access to the
computerized list. As added by P.L.209-2003, SEC.35. IC 3-7-26.3-16 Accuracy of list; updates
Sec. 16. As required under 42 U.S.C. 15483, the election division
and each county voter registration office shall ensure that voter
registration records are accurate and updated regularly. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-17 Removal of inactive voters from list
Sec. 17. As required under 42 U.S.C. 15483, the election division
and each county voter registration office shall perform the list
maintenance required under NVRA to ensure that inactive voters
described in section 11(3) of this chapter and 42 U.S.C.
1973gg-6(d)(1)(B) are removed from the official list of eligible
voters. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-18 Verification of information with bureau of motor vehicles;
agreement to implement
Sec. 18. As required under 42 U.S.C. 15483, the secretary of state,
the co-directors of the election division, and the bureau of motor
vehicles commission shall enter into an agreement to match
information in the computerized list data base with information in the
data base of the bureau of motor vehicles commission to enable the
election division (acting on behalf of the secretary of state) and the
commission to verify the accuracy of the information provided on
voter registration applications. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-19 Agreement between bureau of motor vehicles and Social Security
Administration; information to be verified
Sec. 19. (a) As required under 42 U.S.C. 15483, the bureau of
motor vehicles commission shall enter into an agreement with the
Commissioner of Social Security under 42 U.S.C. 405(r)(8)(A) to
verify information set forth on voter registration applications.
(b) The following information is subject to verification under this
section:
(1) Whether the name (including the first name and any family
forename or surname), date of birth (including month, day, and
year), and Social Security number of an individual provided to
the Commissioner of Social Security match the information
contained in the Commissioner's records.
(2) Whether the individual is shown in the records of the
Commissioner of Social Security as deceased. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-20 Requirements for agreement
Sec. 20. As required by 42 U.S.C. 15483, the agreement under
section 19 of this chapter must include:
(1) safeguards to assure the maintenance of the confidentiality
of any information disclosed to the bureau;
(2) procedures to permit the bureau to use the information to
maintain the bureau's records; and
(3) procedures to permit the election division to coordinate the
records of the computerized list established under this chapter
with the bureau's data base as provided by section 6 of this
chapter. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-21 Confidentiality of information; permissible uses of information
Sec. 21. As provided by 42 U.S.C. 15483, the information
provided by the Commissioner of Social Security or by an individual
to the bureau of motor vehicles is confidential. The information may
be used only for the purposes described under 42 U.S.C. 15483 and
sections 19 and 20 of this chapter. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-22 List requirement; voter information
Sec. 22. The computerized list must contain at least the following
information for each voter:
(1) The voter's voting history for at least the previous ten (10)
years, if available, including the political party ballot requested
by the voter at any primary election during the period.
(2) The source of the voter's registration application.
(3) A listing of all previous addresses at which the voter was
registered to vote during at least the previous ten (10) years, if
available.
(4) Information concerning the documentation submitted by the
voter to comply with the requirements of HAVA.
(5) Documentation of all changes to the registration made by
the voter.
(6) Documentation concerning all notices sent to the voter by
the county voter registration office. As added by P.L.14-2004, SEC.29.
IC 3-7-26.3-23 List requirement; absentee ballot management features
Sec. 23. The computerized list must include absentee ballot
management features that do the following:
(1) Manage absentee ballots based on the type, eligibility, and
status of the absentee voter.
(2) Permit the printing of absentee labels by group or date, or by
individual for use by a voter voting in person at the county
election board office.
(3) Permit the documentation of the date on which each
absentee ballot is issued and returned.
(4) Permit the printing of absentee ballot applications with voter
registration information for the absentee ballot applicant. As added by P.L.14-2004, SEC.30.
IC 3-7-26.3-24 List requirement; clerk transmittals to election division
Sec. 24. The computerized list must permit a circuit court clerk to
transmit reports or statements to the election division under IC 3-6-5,
this article, IC 3-8-3, or IC 3-12-5. As added by P.L.14-2004, SEC.31. Amended by P.L.81-2005,
SEC.12.
IC 3-7-26.3-25 List requirement; election and poll worker management features
Sec. 25. The computerized list must include election and poll
worker management features such as whether poll workers served
only part of an election day. As added by P.L.14-2004, SEC.32.
IC 3-7-26.3-26 List requirement; disaster recovery plan
Sec. 26. The computerized list must provide fully synchronized
backup and recovery with a well defined disaster recovery plan. As added by P.L.14-2004, SEC.33.
IC 3-7-26.3-27 List requirement; signature digitizing features
Sec. 27. The computerized list must include signature digitizing
features that have the ability to accept and maintain a scanned image
of the voter's signature. As added by P.L.14-2004, SEC.34.
IC 3-7-26.3-28 List requirement; street file management features
Sec. 28. The computerized list must include street file
management features that do the following:
(1) Include an integral street file with automatic assignment to
election districts and jurisdictions based on residence address
location.
(2) Permit changing street names throughout a county or for
specific areas within a county.
(3) Permit interfacing with geographic information systems.
(4) Permit comprehensive changes to reflect changes in
legislative district or precinct boundary lines.
(5) Permit the accommodation of multiple place names within
a single ZIP code area.
(6) Permit the tracking and management of data concerning
polling place locations. As added by P.L.14-2004, SEC.35. IC 3-7-26.3-29 List requirement; voter registration management features
Sec. 29. The computerized list must include voter registration
management features that do the following:
(1) Automatically assign voter identification numbers in
accordance with this title.
(2) Calculate the number of registered voters by precinct or any
election district.
(3) Permit expedited web based inquiries concerning polling
place locations.
(4) Track and report all voter list maintenance transactions
performed within the system.
(5) Permit tracking regarding the political party ballot requested
by voters voting in a primary.
(6) Generate a variety of reports on paper, compact disc, or
floppy disc format, such as walking lists, call lists, lists of
voters by precinct, lists of voters by name, date of birth, or date
of registration, and lists of voters by other household data.
(7) Identify voters who are currently less than eighteen (18)
years of age.
(8) Permit electronic processing of voter registration
information received as files from other state and federal
agencies.
(9) Provide flexible query functions for management and
statistical reports, including the ability of the secretary of state
or a co-director of the election division to view individual voter
registration records.
(10) Contain full audit controls and management reports to
track and manage the work of county voter registration office
employees, including the ability of the secretary of state or the
co-directors of the election division to determine whether a
county voter registration office is performing voter list
maintenance functions in the manner required by IC 3-7. As added by P.L.14-2004, SEC.36.
IC 3-7-26.3-30 List requirement; help desk support feature
Sec. 30. The computerized list must include a help desk support
feature, staffed by individuals who can provide assistance to county
voter registration offices regarding the proper operation of the
system. As added by P.L.14-2004, SEC.37.
IC 3-7-26.3-31 List requirement; other features
Sec. 31. The computerized list must include features permitting
the secretary of state or a co-director of the election division to
include other features determined by the secretary of state and the
co-directors of the election division. As added by P.L.14-2004, SEC.38. IC 3-7-26.3-32 List requirement; features for county with county voter
registration office
Sec. 32. (a) This section applies to a county with a county voter
registration office described in IC 3-5-2-16.2(1) or IC 3-5-2-16.2(2).
(b) The computerized list must permit a county election board to
view data concerning voters of the county in order to do the
following:
(1) Administer absentee balloting.
(2) Determine whether an individual who wishes to file as a
candidate is a voter of the county. As added by P.L.14-2004, SEC.39.
IC 3-7-26.3
Chapter 26.3. Statewide Voter Registration List
IC 3-7-26.3-1
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-7-26.3-2 "Computerized list"
Sec. 2. As used in this chapter, "computerized list" refers to the
statewide voter registration list established under section 3 of this
chapter. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-3 Establishment of statewide voter registration list
Sec. 3. As required under 42 U.S.C. 15483, the secretary of state
with the consent of the co-directors of the election division shall
implement, in a uniform and nondiscriminatory manner, a single,
uniform, official, centralized, and interactive statewide voter
registration list under this chapter. As added by P.L.209-2003, SEC.35. Amended by P.L.164-2006,
SEC.12.
IC 3-7-26.3-4 Requirements for list; ownership of list; use of list
Sec. 4. (a) As required under 42 U.S.C. 15483, the computerized
list must:
(1) be defined, maintained, and administered at the state level;
(2) contain the name and registration information of every voter
in Indiana; and
(3) assign a unique identifier to each voter in Indiana.
(b) To ensure the proper maintenance and administration of the
list under subsection (a)(1), the secretary of state and the election
division are the owners of all property comprising the computerized
list. Except as expressly provided by statute, the computerized list
and each of its components must be used exclusively for voter
registration and election administration and for no other purpose. As added by P.L.209-2003, SEC.35. Amended by P.L.81-2005,
SEC.11.
IC 3-7-26.3-4.5 Maintaining computerized list; agreement with county
Sec. 4.5. The state may enter into agreements with a county to use
existing county property for purposes of maintaining the
computerized list. If the county's equipment fails to perform properly
in maintaining the computerized list, the state may cancel any
existing agreement with the county and install additional state owned
equipment in any county facility to ensure proper operation and
maintenance of the computerized list.
As added by P.L.164-2006, SEC.13.
IC 3-7-26.3-5 List as single system to maintain voter registration information in
Indiana
Sec. 5. In accordance with 42 U.S.C. 15483, the computerized list
serves as:
(1) the single system for storing and managing the official list
of voters throughout Indiana; and
(2) the official voter registration list for the conduct of all
elections in Indiana. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-6 Coordination with other state agency data bases
Sec. 6. As required under 42 U.S.C. 15483, the computerized list
must be coordinated with other agency data bases within Indiana. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-7 Electronic access to the list
Sec. 7. As required under 42 U.S.C. 15483, each county voter
registration office, the election division, and the secretary of state
must be able to obtain immediate electronic access to the information
contained in the computerized list. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-8 Change of data in list; authority of county voter registration offices
Sec. 8. The computerized list must be formatted so that only the
county voter registration office of a county may change data in the
file concerning the voters registered in that county. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-9 Entry of voter registration information
Sec. 9. As required under 42 U.S.C. 15483, a county voter
registration office must electronically enter all voter registration
information obtained by the county voter registration office into the
computerized list on an expedited basis at the time the information
is provided to the county voter registration office. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-10 Support to county voter registration offices
Sec. 10. As required under 42 U.S.C. 15483, the secretary of state
and the election division shall provide the support required for the
county voter registration office to enter the information into the
computerized list. As added by P.L.209-2003, SEC.35. IC 3-7-26.3-11 List maintenance; removal of voters from the list
Sec. 11. As required under 42 U.S.C. 15483, the county voter
registration office shall perform list maintenance with respect to the
computerized list on a regular basis. The list maintenance activity
required under this section includes the removal of an individual
from the list when required by this article and NVRA following:
(1) the death of the individual;
(2) the individual's confirmation that the individual resides
outside the county in which the individual is registered; or
(3) an inactive voter's failure to respond to a notice or otherwise
act in accordance with 42 U.S.C. 1973gg-6 to require the voter's
registration to be reclassified as active within the period
prescribed by NVRA. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-12 Coordination of list with department of correction records
Sec. 12. As required under 42 U.S.C. 15483, the election division
shall coordinate the computerized list with the department of
correction records concerning individuals disfranchised under
IC 3-7-46. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-13 Coordination of list with state department of health records
Sec. 13. As required under 42 U.S.C. 15483, the election division
shall coordinate the computerized list with the state department of
health concerning individuals identified as deceased under IC 3-7-45. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-14 Standards for list maintenance
Sec. 14. As required under 42 U.S.C. 15483, the computerized list
maintenance performed under sections 11 through 13 of this chapter
must ensure that:
(1) the name of each voter appears in the computerized list;
(2) only voters who are not eligible to vote are removed from
the computerized list; and
(3) duplicate names of an individual voter are eliminated from
the computerized list. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-15 Security of list
Sec. 15. As required under 42 U.S.C. 15483, the election division
and each county voter registration office shall provide adequate
technological security measures to prevent unauthorized access to the
computerized list. As added by P.L.209-2003, SEC.35. IC 3-7-26.3-16 Accuracy of list; updates
Sec. 16. As required under 42 U.S.C. 15483, the election division
and each county voter registration office shall ensure that voter
registration records are accurate and updated regularly. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-17 Removal of inactive voters from list
Sec. 17. As required under 42 U.S.C. 15483, the election division
and each county voter registration office shall perform the list
maintenance required under NVRA to ensure that inactive voters
described in section 11(3) of this chapter and 42 U.S.C.
1973gg-6(d)(1)(B) are removed from the official list of eligible
voters. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-18 Verification of information with bureau of motor vehicles;
agreement to implement
Sec. 18. As required under 42 U.S.C. 15483, the secretary of state,
the co-directors of the election division, and the bureau of motor
vehicles commission shall enter into an agreement to match
information in the computerized list data base with information in the
data base of the bureau of motor vehicles commission to enable the
election division (acting on behalf of the secretary of state) and the
commission to verify the accuracy of the information provided on
voter registration applications. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-19 Agreement between bureau of motor vehicles and Social Security
Administration; information to be verified
Sec. 19. (a) As required under 42 U.S.C. 15483, the bureau of
motor vehicles commission shall enter into an agreement with the
Commissioner of Social Security under 42 U.S.C. 405(r)(8)(A) to
verify information set forth on voter registration applications.
(b) The following information is subject to verification under this
section:
(1) Whether the name (including the first name and any family
forename or surname), date of birth (including month, day, and
year), and Social Security number of an individual provided to
the Commissioner of Social Security match the information
contained in the Commissioner's records.
(2) Whether the individual is shown in the records of the
Commissioner of Social Security as deceased. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-20 Requirements for agreement
Sec. 20. As required by 42 U.S.C. 15483, the agreement under
section 19 of this chapter must include:
(1) safeguards to assure the maintenance of the confidentiality
of any information disclosed to the bureau;
(2) procedures to permit the bureau to use the information to
maintain the bureau's records; and
(3) procedures to permit the election division to coordinate the
records of the computerized list established under this chapter
with the bureau's data base as provided by section 6 of this
chapter. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-21 Confidentiality of information; permissible uses of information
Sec. 21. As provided by 42 U.S.C. 15483, the information
provided by the Commissioner of Social Security or by an individual
to the bureau of motor vehicles is confidential. The information may
be used only for the purposes described under 42 U.S.C. 15483 and
sections 19 and 20 of this chapter. As added by P.L.209-2003, SEC.35.
IC 3-7-26.3-22 List requirement; voter information
Sec. 22. The computerized list must contain at least the following
information for each voter:
(1) The voter's voting history for at least the previous ten (10)
years, if available, including the political party ballot requested
by the voter at any primary election during the period.
(2) The source of the voter's registration application.
(3) A listing of all previous addresses at which the voter was
registered to vote during at least the previous ten (10) years, if
available.
(4) Information concerning the documentation submitted by the
voter to comply with the requirements of HAVA.
(5) Documentation of all changes to the registration made by
the voter.
(6) Documentation concerning all notices sent to the voter by
the county voter registration office. As added by P.L.14-2004, SEC.29.
IC 3-7-26.3-23 List requirement; absentee ballot management features
Sec. 23. The computerized list must include absentee ballot
management features that do the following:
(1) Manage absentee ballots based on the type, eligibility, and
status of the absentee voter.
(2) Permit the printing of absentee labels by group or date, or by
individual for use by a voter voting in person at the county
election board office.
(3) Permit the documentation of the date on which each
absentee ballot is issued and returned.
(4) Permit the printing of absentee ballot applications with voter
registration information for the absentee ballot applicant. As added by P.L.14-2004, SEC.30.
IC 3-7-26.3-24 List requirement; clerk transmittals to election division
Sec. 24. The computerized list must permit a circuit court clerk to
transmit reports or statements to the election division under IC 3-6-5,
this article, IC 3-8-3, or IC 3-12-5. As added by P.L.14-2004, SEC.31. Amended by P.L.81-2005,
SEC.12.
IC 3-7-26.3-25 List requirement; election and poll worker management features
Sec. 25. The computerized list must include election and poll
worker management features such as whether poll workers served
only part of an election day. As added by P.L.14-2004, SEC.32.
IC 3-7-26.3-26 List requirement; disaster recovery plan
Sec. 26. The computerized list must provide fully synchronized
backup and recovery with a well defined disaster recovery plan. As added by P.L.14-2004, SEC.33.
IC 3-7-26.3-27 List requirement; signature digitizing features
Sec. 27. The computerized list must include signature digitizing
features that have the ability to accept and maintain a scanned image
of the voter's signature. As added by P.L.14-2004, SEC.34.
IC 3-7-26.3-28 List requirement; street file management features
Sec. 28. The computerized list must include street file
management features that do the following:
(1) Include an integral street file with automatic assignment to
election districts and jurisdictions based on residence address
location.
(2) Permit changing street names throughout a county or for
specific areas within a county.
(3) Permit interfacing with geographic information systems.
(4) Permit comprehensive changes to reflect changes in
legislative district or precinct boundary lines.
(5) Permit the accommodation of multiple place names within
a single ZIP code area.
(6) Permit the tracking and management of data concerning
polling place locations. As added by P.L.14-2004, SEC.35. IC 3-7-26.3-29 List requirement; voter registration management features
Sec. 29. The computerized list must include voter registration
management features that do the following:
(1) Automatically assign voter identification numbers in
accordance with this title.
(2) Calculate the number of registered voters by precinct or any
election district.
(3) Permit expedited web based inquiries concerning polling
place locations.
(4) Track and report all voter list maintenance transactions
performed within the system.
(5) Permit tracking regarding the political party ballot requested
by voters voting in a primary.
(6) Generate a variety of reports on paper, compact disc, or
floppy disc format, such as walking lists, call lists, lists of
voters by precinct, lists of voters by name, date of birth, or date
of registration, and lists of voters by other household data.
(7) Identify voters who are currently less than eighteen (18)
years of age.
(8) Permit electronic processing of voter registration
information received as files from other state and federal
agencies.
(9) Provide flexible query functions for management and
statistical reports, including the ability of the secretary of state
or a co-director of the election division to view individual voter
registration records.
(10) Contain full audit controls and management reports to
track and manage the work of county voter registration office
employees, including the ability of the secretary of state or the
co-directors of the election division to determine whether a
county voter registration office is performing voter list
maintenance functions in the manner required by IC 3-7. As added by P.L.14-2004, SEC.36.
IC 3-7-26.3-30 List requirement; help desk support feature
Sec. 30. The computerized list must include a help desk support
feature, staffed by individuals who can provide assistance to county
voter registration offices regarding the proper operation of the
system. As added by P.L.14-2004, SEC.37.
IC 3-7-26.3-31 List requirement; other features
Sec. 31. The computerized list must include features permitting
the secretary of state or a co-director of the election division to
include other features determined by the secretary of state and the
co-directors of the election division. As added by P.L.14-2004, SEC.38. IC 3-7-26.3-32 List requirement; features for county with county voter
registration office
Sec. 32. (a) This section applies to a county with a county voter
registration office described in IC 3-5-2-16.2(1) or IC 3-5-2-16.2(2).
(b) The computerized list must permit a county election board to
view data concerning voters of the county in order to do the
following:
(1) Administer absentee balloting.
(2) Determine whether an individual who wishes to file as a
candidate is a voter of the county. As added by P.L.14-2004, SEC.39.
