Indiana 2021 Regular Session Status: Enacted 3 R cosponsors

HB 1365 — Various elections matters.

Last action — Public Law 193

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 14, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 58% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    3 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Defines "anomaly" and amends the definitions of "ballot label," "de minimis change," "electronic poll book," and "state office". Requires the entry of filing information concerning all candidates into the statewide voter registration system. Requires, for voting systems initially certified for marketing and use in Indiana after January 1, 2022, certain universally recognized symbols of a candidate's legal name to be displayed. Allows the secretary of state to provide parts and reports from the voter registration system information from the computerized list to law enforcement officials conducting an investigation if certain requirements are met. Requires election certification documents to be filed only through the statewide voter registration system. Provides that the precinct judge performs the duties of a precinct election sheriff under certain circumstances. Allows the cancellation of the registration of a deceased person based on a notice published by a funeral director or embalmer on the Internet web site of the funeral director or embalmer. Describes the process by which the name of an Indiana resident who has been imprisoned for conviction of a crime in another state is removed from the voter registration list. Provides that a person is disqualified from assuming or being a candidate for an elected office if the person is a nonjudicial court employee who would violate Rule 4.6 of the Indiana Code of Judicial Conduct by being the candidate of a political party for nomination or election to an elected office or a political party office. Makes changes to the formatting of nonpartisan judicial offices on the ballot. Provides that a candidate is considered affiliated with a particular political party for purposes of determining whether the candidate is qualified to be on that party's primary election ballot if the two most recent primary elections in which the candidate voted were primary elections held by the political party with which the candidate claims affiliation. (Under current law, only the most recent primary election that the candidate voted in must have been held by the political party with which the candidate claims affiliation.) Requires ballots to have precinct numbers or designations. Requires retention of electronic poll book information for the same retention period as other election records. Provides that ballot proofs be made available for inspection 67 days before the date of the election. Permits a county election board to authorize the use of absentee ballots by voters when a state disaster emergency is declared or a county disaster emergency is declared within 11 days of an election. Requires that an absentee ballot application requesting that an absentee ballot be sent by mail or by traveling board submitted to a county using the statewide voter registration system must include a telephone number to contact the applicant; permits the applicant to include the applicant's electronic mail address. Provides that if an application for an absentee ballot is denied, the county election board must provide the voter in writing with the reasons for the denial of the application. (Under current law, only absent uniformed services voters or overseas voters are required to be provided with notice of denial of an absentee ballot application.) Provides that, with certain exceptions, an individual must be a citizen of the United States to be permitted in the polls during an election and authorizes the secretary of state to grant exceptions. Authorizes a voter board visiting a voter with an illness or injury or a voter who is caring for a confined person at a private residence to use an electronic poll book. Specifies the procedure when a voter leaves the clerk's office or satellite office without casting the voter's absentee ballot for the vote to be cast by the absentee voter board. Specifies the requirements for the timing and security of the bipartisan initialing of absentee ballots. Increases the amount of time a voter has to vote in a primary election from three minutes to five minutes and the amount of time to vote in a general, municipal, or special election from two minutes to four minutes. Adds requirements for testing of voting systems before an election. Specifies the procedure requiring the reporting of problems experienced with voting systems or electronic poll books. Adds requirements for disposing of voting system units. Requires a voting system to contain features to ensure that unauthorized software has not been installed on the equipment, and to permit the electronic adjudication of voter intent on ballots cast using the voting system. Provides that any electronic device used to create a ballot file or program a voting system, or used with election management software, may not be connected to the Internet. Requires the Voting System Technical Oversight Program to conduct random audits of voting systems and electronic poll books in odd-numbered years. Requires a precinct election officer, in the case of a voter who casts a provisional ballot, or an absentee voter board, in the case of a voter who casts an absentee ballot that is treated as a provisional ballot, to provide both orally and in writing an explanation of the steps the voter must take in order to have the voter's ballot counted. Requires the election division to prescribe the form of the explanation. Requires the circuit court clerk to notify a voter who casts a provisional ballot not later than three days after election day concerning: (1) the reasons that the voter's ballot is being treated as a provisional ballot; (2) what actions, if any, that the voter must take in order to have the voter's ballot counted; (3) the deadline by which the voter must act to have the voter's ballot counted; and (4) certain contact information that the provisional voter may use to find out about the provisional voter's ballot. Requires that the notice must be in a form prescribed by the election division. Specifies procedures for the return of an electronic poll book or a voting system from the polls of the precinct or from the vote centers after the close of the polls on election day. Extends the deadline for filling a post-primary candidate vacancy from noon on June 30 to noon on July 3 and after July 3 in case of certain successful challenges to a candidate. Amends procedures for candidate filings to fill ballot vacancies in certain cases. Updates statutes setting schedules for upcoming elections. Repeals the current statute concerning the referral of a disputed ballot to a judge when a recount or contest has not been filed. Makes technical changes. Makes conforming amendments. Repeals obsolete provisions.

Bill Text

We don't have the full text on file for this bill yet.

Read HB 1365 on the official Indiana source →

Action History

  1. Public Law 193

  2. Signed by the Governor

  3. Signed by the President of the Senate

  4. Signed by the President Pro Tempore

  5. Signed by the Speaker

  6. Conference Committee Report 1: adopted by the Senate; Roll Call 476: yeas 49, nays 0

  7. Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 480: yeas 85, nays 2

  8. CCR # 1 filed in the Senate

  9. CCR # 1 filed in the House

  10. House advisors appointed: Manning, Payne and Pierce

  11. House conferees appointed: Wesco and Pfaff

  12. Senate advisors appointed: Walker G and Qaddoura

  13. Senate conferees appointed: Ford Jon and Ford J.D.

  14. House dissented from Senate amendments

  15. Motion to dissent filed

  16. Returned to the House with amendments

  17. Third reading: passed; Roll Call 279: yeas 48, nays 1

  18. Second reading: amended, ordered engrossed

  19. Amendment #14 (Breaux) failed; voice vote

  20. Amendment #1 (Taylor G) failed; Roll Call 252: yeas 13, nays 36

  21. Amendment #5 (Ford J.D.) failed; Roll Call 251: yeas 10, nays 39

  22. Amendment #4 (Ford J.D.) failed; Roll Call 250: yeas 10, nays 39

  23. Amendment #3 (Ford J.D.) prevailed; voice vote

  24. Amendment #11 (Houchin) prevailed; voice vote

  25. Amendment #13 (Walker G) prevailed; voice vote

  26. Amendment #12 (Walker G) prevailed; voice vote

  27. Committee report: amend do pass, adopted

  28. First reading: referred to Committee on Elections

  29. Referred to the Senate

  30. Third reading: passed; Roll Call 87: yeas 83, nays 13

  31. Senate sponsors: Senators Ford Jon and Walker G

  32. Representative Manning added as coauthor

  33. Second reading: ordered engrossed

  34. Amendment #7 (Boy) failed; voice vote

  35. Amendment #6 (Boy) failed; voice vote

  36. Amendment #5 (Boy) failed; voice vote

  37. Amendment #4 (Boy) failed; Roll Call 65: yeas 26, nays 66

  38. Amendment #3 (Boy) failed; Roll Call 64: yeas 25, nays 61

  39. Amendment #2 (Boy) failed; voice vote

  40. Amendment #10 (Pierce) failed; voice vote

  41. Amendment #12 (Pryor) failed; Roll Call 63: yeas 29, nays 61

  42. Amendment #8 (Pryor) failed; Roll Call 62: yeas 24, nays 67

  43. Amendment #1 (Errington) failed; Roll Call 61: yeas 24, nays 70

  44. Amendment #11 (Pfaff) failed; Roll Call 60: yeas 28, nays 66

  45. Committee report: amend do pass, adopted

  46. First reading: referred to Committee on Elections and Apportionment

  47. Authored by Representative Wesco

Sponsors

Sponsorship breakdown

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3 sponsors · 1 co-sponsors · 146 not signed on

Sponsors (3)

Co-sponsors (1)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1365 do?
Defines "anomaly" and amends the definitions of "ballot label," "de minimis change," "electronic poll book," and "state office". Requires the entry of filing information concerning all candidates into the statewide voter registration system. Requires, for voting systems initially certified for marketing and use in Indiana after January 1, 2022, certain universally recognized symbols of a candidate's legal name to be displayed. Allows the secretary of state to provide parts and reports from the voter registration system information from the computerized list to law enforcement officials conducting an investigation if certain requirements are met. Requires election certification documents to be filed only through the statewide voter registration system. Provides that the precinct judge performs the duties of a precinct election sheriff under certain circumstances. Allows the cancellation of the registration of a deceased person based on a notice published by a funeral director or embalmer on the Internet web site of the funeral director or embalmer. Describes the process by which the name of an Indiana resident who has been imprisoned for conviction of a crime in another state is removed from the voter registration list. Provides that a person is disqualified from assuming or being a candidate for an elected office if the person is a nonjudicial court employee who would violate Rule 4.6 of the Indiana Code of Judicial Conduct by being the candidate of a political party for nomination or election to an elected office or a political party office. Makes changes to the formatting of nonpartisan judicial offices on the ballot. Provides that a candidate is considered affiliated with a particular political party for purposes of determining whether the candidate is qualified to be on that party's primary election ballot if the two most recent primary elections in which the candidate voted were primary elections held by the political party with which the candidate claims affiliation. (Under current law, only the most recent primary election that the candidate voted in must have been held by the political party with which the candidate claims affiliation.) Requires ballots to have precinct numbers or designations. Requires retention of electronic poll book information for the same retention period as other election records. Provides that ballot proofs be made available for inspection 67 days before the date of the election. Permits a county election board to authorize the use of absentee ballots by voters when a state disaster emergency is declared or a county disaster emergency is declared within 11 days of an election. Requires that an absentee ballot application requesting that an absentee ballot be sent by mail or by traveling board submitted to a county using the statewide voter registration system must include a telephone number to contact the applicant; permits the applicant to include the applicant's electronic mail address. Provides that if an application for an absentee ballot is denied, the county election board must provide the voter in writing with the reasons for the denial of the application. (Under current law, only absent uniformed services voters or overseas voters are required to be provided with notice of denial of an absentee ballot application.) Provides that, with certain exceptions, an individual must be a citizen of the United States to be permitted in the polls during an election and authorizes the secretary of state to grant exceptions. Authorizes a voter board visiting a voter with an illness or injury or a voter who is caring for a confined person at a private residence to use an electronic poll book. Specifies the procedure when a voter leaves the clerk's office or satellite office without casting the voter's absentee ballot for the vote to be cast by the absentee voter board. Specifies the requirements for the timing and security of the bipartisan initialing of absentee ballots. Increases the amount of time a voter has to vote in a primary election from three minutes to five minutes and the amount of time to vote in a general, municipal, or special election from two minutes to four minutes. Adds requirements for testing of voting systems before an election. Specifies the procedure requiring the reporting of problems experienced with voting systems or electronic poll books. Adds requirements for disposing of voting system units. Requires a voting system to contain features to ensure that unauthorized software has not been installed on the equipment, and to permit the electronic adjudication of voter intent on ballots cast using the voting system. Provides that any electronic device used to create a ballot file or program a voting system, or used with election management software, may not be connected to the Internet. Requires the Voting System Technical Oversight Program to conduct random audits of voting systems and electronic poll books in odd-numbered years. Requires a precinct election officer, in the case of a voter who casts a provisional ballot, or an absentee voter board, in the case of a voter who casts an absentee ballot that is treated as a provisional ballot, to provide both orally and in writing an explanation of the steps the voter must take in order to have the voter's ballot counted. Requires the election division to prescribe the form of the explanation. Requires the circuit court clerk to notify a voter who casts a provisional ballot not later than three days after election day concerning: (1) the reasons that the voter's ballot is being treated as a provisional ballot; (2) what actions, if any, that the voter must take in order to have the voter's ballot counted; (3) the deadline by which the voter must act to have the voter's ballot counted; and (4) certain contact information that the provisional voter may use to find out about the provisional voter's ballot. Requires that the notice must be in a form prescribed by the election division. Specifies procedures for the return of an electronic poll book or a voting system from the polls of the precinct or from the vote centers after the close of the polls on election day. Extends the deadline for filling a post-primary candidate vacancy from noon on June 30 to noon on July 3 and after July 3 in case of certain successful challenges to a candidate. Amends procedures for candidate filings to fill ballot vacancies in certain cases. Updates statutes setting schedules for upcoming elections. Repeals the current statute concerning the referral of a disputed ballot to a judge when a recount or contest has not been filed. Makes technical changes. Makes conforming amendments. Repeals obsolete provisions.
Who sponsors HB 1365?
HB 1365 is sponsored by Timothy Wesco (Republican), Ethan Manning (Republican), Jon Ford, and Greg Walker (Republican).
What is the current status of HB 1365?
This bill has been enacted into law. Introduced January 14, 2021. Enacted.
Where can I track HB 1365?
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