CHAPTER 16. REGISTRATION AT AGENCIES SERVING PERSONS WITH DISABILITIES
IC 3-7-16
Chapter 16. Registration at Agencies Serving Persons With
Disabilities
IC 3-7-16-1
Purpose of chapter
Sec. 1. This chapter prescribes voter registration procedures in
agencies providing state funded programs primarily engaged in
serving persons with disabilities as provided in 42 U.S.C.
1973gg-5(a)(2)(B).
As added by P.L.12-1995, SEC.25.
IC 3-7-16-2
Legislative findings
Sec. 2. The general assembly finds the following:
(1) Persons with a disability will desire and should have the full
opportunity to register to vote by using any registration method
set forth in this article, and not merely through the agencies
described in section 1 of this chapter.
(2) The offices and individuals serving persons with a disability
under this article should strive to develop and provide
registration forms and services that are accessible to persons
with disabilities.
(3) The agencies described in section 1 of this chapter are
generally decentralized, and as a result:
(A) are more likely to be frequently restructured; and
(B) require significant assistance in providing training for
employees or volunteers to offer voter registration services
under this article.
As added by P.L.12-1995, SEC.25. Amended by P.L.99-2007, SEC.6.
IC 3-7-16-3
Determination of services required
Sec. 3. The commission shall determine if an agency is required
to provide voter registration services under NVRA and this chapter.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.20.
IC 3-7-16-4
Duties of commission before determination
Sec. 4. Before making a determination under section 3 of this
chapter, the commission shall do the following:
(1) Notify the governing body of the agency that the agency
may be required to provide voter registration services under this
chapter and NVRA.
(2) Conduct a public hearing on the matter.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.21.
IC 3-7-16-5
Evidence at public hearing
Sec. 5. The commission shall accept evidence at the public
hearing concerning the extent to which:
(1) the agency's programs are funded by the state; and
(2) the agency is primarily engaged in serving persons with
disabilities.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.22.
IC 3-7-16-6
Limitations in accepting evidence
Sec. 6. The commission may only accept evidence at the hearing
concerning the agency's cost in complying with NVRA or this
chapter to determine when an order issued under section 7 of this
chapter should take effect.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.23.
IC 3-7-16-7
NVRA official to order date for services to begin
Sec. 7. If the commission determines that the agency is required
to provide voter registration services under NVRA and this chapter,
the NVRA official shall issue an order specifying the date that the
agency must begin providing voter registration services and
prescribing any other procedures reasonably necessary for the agency
to comply with NVRA.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.24.
IC 3-7-16-8
Expiration of order
Sec. 8. An order issued under section 7 of this chapter expires
when the earlier of the following occurs:
(1) Ten (10) years after the date that an agency is required to
begin providing voter registration services.
(2) When revoked by the NVRA official after a public hearing
as provided in this chapter.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.25.
IC 3-7-16-9
Distribution of voter registration forms
Sec. 9. As provided in 42 U.S.C. 1973gg-5(a)(4)(A)(i) and 42
U.S.C. 1973gg-5(a)(6)(A), an agency designated under this chapter
shall distribute a voter registration form prescribed under this chapter
to each person applying for assistance from the agency whenever the
applicant:
(1) applies for service or assistance;
(2) applies for recertification or renewal of services or
assistance; or
(3) submits a change of address form relating to the service or
assistance;
unless the applicant declines in writing to register to vote.
As added by P.L.12-1995, SEC.25.
IC 3-7-16-10
Voter registration services at applicant's home
Sec. 10. As provided in 42 U.S.C. 1973gg-5(a)(4)(B), an agency
designated under this chapter that provides services to a person with
a disability at the person's home shall provide voter registration
services under this chapter at the person's home.
As added by P.L.12-1995, SEC.25.
IC 3-7-16-11
Design of registration form
Sec. 11. The commission shall prescribe the design of the
registration form to be used under this chapter.
As added by P.L.12-1995, SEC.25. Amended by P.L.3-1997, SEC.58.
IC 3-7-16-12
Requirements for registration form
Sec. 12. The registration form prescribed under section 11 of this
chapter must meet the following requirements:
(1) The form must be equivalent to the mail registration form
prescribed by the commission under IC 3-7-31 and in
compliance with 42 U.S.C. 1973gg-5(a)(6)(A)(ii).
(2) The form must include a statement that does the following:
(A) Sets forth each eligibility requirement for registration
(including citizenship).
(B) Contains an attestation that the applicant meets each of
the eligibility requirements.
(C) Requires the signature of the applicant, under penalty of
perjury, and the date the form was signed.
(3) The form must include the following as provided in 42
U.S.C. 1973gg-5(a)(6)(B):
(A) A question reading "If you are not registered to vote
where you live now, would you like to apply to register to
vote here today?".
(B) A statement reading "Applying to register or declining
to register to vote will not affect the amount of assistance
that you will be provided by this agency.".
(C) Boxes for the applicant to check to indicate whether the
applicant would like to register or declines to register to
vote.
(D) A statement in close proximity to the boxes and in
prominent type: "IF YOU DO NOT CHECK EITHER BOX,
YOU WILL BE CONSIDERED TO HAVE DECIDED NOT
TO REGISTER TO VOTE AT THIS TIME.".
(E) A statement reading "If you would like help in filling out
the voter registration application form, we will help you. The
decision whether to seek or accept help is yours. You may
fill out the application form in private.".
(F) A statement reading "If you believe that someone has
interfered with your right to register or to decline to register
to vote, or your right to choose your political party or other
political preference, you may file a complaint with (insert
the title, address, and telephone number of the NVRA
official). If you want you may first try to solve the problem
by filing a complaint with the county voter registration
office of the county where the violation occurred.".
(4) The form must be designed to make voter registration as
accessible as possible for persons with disabilities.
As added by P.L.12-1995, SEC.25. Amended by P.L.3-1997, SEC.59.
IC 3-7-16-13
Contents of declination form
Sec. 13. If the form used by an applicant to decline to register to
vote is on a separate form from the voter registration application, the
declination form must contain the following:
(1) A statement reading "If you decline to register to vote, this
is confidential, and can only be used for voter registration
purposes.".
(2) A statement reading "If you decide to register to vote,
information about the office at which you register is
confidential, and can only be used for voter registration
purposes.".
(3) A line for the signature of the person who declines to
register to vote.
(4) A line for the date that the person declined to register to
vote.
As added by P.L.12-1995, SEC.25.
IC 3-7-16-14
Declination to register
Sec. 14. An applicant who fails to check either box described in
section 12(3) of this chapter or to sign a separate declination form
under section 13 of this chapter shall be considered to have declined
to register.
As added by P.L.12-1995, SEC.25.
IC 3-7-16-15
Procedures for registration
Sec. 15. (a) This section does not apply to voter registration
required under section 10 of this chapter.
(b) To register under this chapter, an individual must do the
following while on the premises of the office:
(1) Complete the voter registration application prescribed under
section 11 of this chapter.
(2) Present the application to an employee of the office.
As added by P.L.12-1995, SEC.25.
IC 3-7-16-16
Duties of employees in providing application
Sec. 16. An employee or a volunteer of the office who provides
an individual with an application for assistance or services under this
chapter shall do the following:
(1) Inform each individual who applies for assistance or
services that the information the individual provides on the
individual's voter registration application will be used to
register the individual to vote unless:
(A) the individual is not eligible to vote;
(B) the individual declines to register to vote or fails to
complete the voter registration part of the application; or
(C) answers "no" to either question described by
IC 3-7-22-5(3) or IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register or
transfer registration with assistance in filling out the voter
registration application unless the individual refuses assistance,
as provided in 42 U.S.C. 1973gg-5(a)(4)(ii).
(3) Check the completed voter registration form for legibility
and completeness.
(4) Deliver the completed registration form to the office
administrator (or the employee designated by the administrator
to be responsible for voter registration services) for transmittal
to the appropriate county voter registration office.
(5) Inform the individual that the individual will receive a
mailing from the county voter registration office of the county
where the individual resides concerning the disposition of the
voter registration application.
As added by P.L.12-1995, SEC.25. Amended by P.L.9-2004, SEC.7.
IC 3-7-16-17
Duties of employees if applicant registering to vote after
twenty-ninth day before primary, general, municipal, or special
election
Sec. 17. If an individual is registering to vote after the
twenty-ninth day before the date that a primary, general, municipal,
or special election is scheduled in the precinct where the voter
resides, the employee or a volunteer of the office who provides an
individual with an application for assistance or services under this
chapter shall do the following:
(1) Inform the individual that office registration will not permit
the individual to vote in the next election.
(2) Inform the individual of other procedures the individual may
follow to vote in the next election.
As added by P.L.12-1995, SEC.25.
IC 3-7-16-18
Prohibited acts
Sec. 18. As provided in 42 U.S.C. 1973gg-5(a)(5), an employee
or a volunteer of the office shall not do any of the following:
(1) Seek to influence an applicant's political preference or party
registration.
(2) Display any political preference or party allegiance,
including any pictures, photographs, or other likenesses of any
currently elected federal, state, county, or local official.
(3) Make any statement to an applicant or take any action the
purpose or effect of which is to discourage the applicant from
registering to vote.
(4) Make any statement to an applicant or take any action
whose purpose or effect is to lead the applicant to believe that
a decision whether or not to register has any bearing on the
availability of services or benefits.
As added by P.L.12-1995, SEC.25.
IC 3-7-16-19
Assistance in completing registration form required
Sec. 19. As provided in 42 U.S.C. 1973gg-5(a)(4)(A)(ii) and 42
U.S.C. 1973gg-5(a)(6)(C), an office designated under this chapter
must offer the same degree of assistance in helping an applicant
complete a voter registration form as the applicant receives from the
agency in completing forms for assistance or services, unless the
individual refuses assistance in completing the voter registration
form.
As added by P.L.12-1995, SEC.25.
IC 3-7-16-20
Written acknowledgment of application; format
Sec. 20. Whenever an applicant completes a voter registration
application under this chapter, the office shall provide the applicant
with a written acknowledgment that the applicant has completed a
voter registration application at the office. The acknowledgment:
(1) may be a detachable part of the registration form prescribed
under section 11 of this chapter; and
(2) must set forth the name and residential address of the
applicant and the date that the application was completed.
As added by P.L.12-1995, SEC.25.
IC 3-7-16-21
Applicant not required to submit application to circuit court clerk
or board of registration member
Sec. 21. An applicant who completes a voter registration
application under this chapter is not required to submit the
application to a circuit court clerk or board of registration member.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.26.
IC 3-7-16-22
Confidentiality; use of information
Sec. 22. Voter registration information received or maintained by
an office under this chapter is confidential and may be used only for
voter registration purposes as provided in this article and 42 U.S.C.
1973gg-5(a)(7).
As added by P.L.12-1995, SEC.25.
IC 3-7-16-23
Forwarding of application or declination; exception
Sec. 23. Unless the applicant refuses to permit the office to
transmit the form to the circuit court clerk or board of registration of
the county where the applicant resides, the office shall forward the
voter registration application or declination to the clerk or board not
later than five (5) days after the date of acceptance and as provided
in 42 U.S.C. 1973gg-5(a)(4)(iii).
As added by P.L.12-1995, SEC.25. Amended by P.L.3-1995, SEC.25.
IC 3-7-16-24
Updating voter registration record
Sec. 24. A signed application under section 11 of this chapter
authorizes a circuit court clerk or board of registration to update the
voter registration record of the applicant.
As added by P.L.12-1995, SEC.25.
IC 3-7-16-25
Notification to applicant of disposition
Sec. 25. The circuit court clerk or board of registration shall, upon
receiving a completed application under section 23 of this chapter,
notify the applicant of the disposition of the application in the
manner prescribed under IC 3-7-33, and as required under 42 U.S.C.
1973gg-6(a)(2).
As added by P.L.12-1995, SEC.25.
IC 3-7-16-26
Designated individual responsible for registration duties
Sec. 26. The governing body of an agency designated under this
chapter shall designate an individual to be responsible for performing
the voter registration duties of the agency in each office of the
agency where services are provided.
As added by P.L.12-1995, SEC.25.
IC 3-7-16-27
Transmittal of voter registration application or declination form;
guidelines; exceptions
Sec. 27. (a) This section does not apply to a voter registration
application or declination to register accepted at an agency office
during the final five (5) days before the end of a registration period
under IC 3-7-13.
(b) As required under 42 U.S.C. 1973gg-5(d)(1), the designated
individual shall transmit a copy of a completed voter registration
application:
(1) to the circuit court clerk or board of registration of the
county in which the applicant's residential address (as indicated
on the application) is located; and
(2) not later than ten (10) days after the application is accepted
at the office.
(c) The designated individual shall transmit a copy of the voter
registration application (or a separate declination form) on which the
applicant declined to register to vote by specifically declining to
register or by failing to complete the voter registration portion of the
application.
(d) The declination must be transmitted:
(1) to the circuit court clerk or board of registration of the
county in which the applicant's residential address (as indicated
on the application) is located; and
(2) not later than ten (10) days after the application is accepted
at the office.
As added by P.L.12-1995, SEC.25.
IC 3-7-16-28
Transmittal of voter registration application or declination form;
accepted during final five days before end of registration period
Sec. 28. (a) This section applies to a voter registration application
or declination to register accepted at an agency office during the final
five (5) days before the end of a registration period under IC 3-7-13.
(b) As required under 42 U.S.C. 1973gg-5(d)(1), the designated
individual shall transmit a copy of the completed voter registration
application:
(1) to the circuit court clerk or board of registration of the
county in which the applicant's residential address (as indicated
on the application) is located; and
(2) not later than five (5) days after the application is accepted
by the office.
(c) The designated individual shall transmit a copy of the voter
registration application (or a separate declination form) on which the
applicant declined to register to vote by specifically declining to
register or by failing to complete the voter registration portion of the
application.
(d) The declination must be transmitted:
(1) to the circuit court clerk or board of registration of the
county in which the applicant's residential address (as indicated
on the application) is located; and
(2) not later than five (5) days after the application is accepted
at the office.
As added by P.L.12-1995, SEC.25.
IC 3-7-16-29
Methods of transmittal of voter registration applications or
declinations
Sec. 29. A designated individual may use any of the following
methods to transmit voter registration applications or declinations
under section 27 or 28 of this chapter:
(1) Hand delivery to the circuit court clerk or board of
registration.
(2) Certified mail, return receipt requested.
(3) Electronic transfer, after approval by the commission.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1997, SEC.5;
P.L.3-1997, SEC.60.
IC 3-7-16-30
Hand delivery; guidelines
Sec. 30. If a designated individual transmits registration
applications or declinations by hand delivery under section 29(1) of
this chapter, the circuit court clerk or board of registration shall
provide the individual with a receipt for the forms. The receipt must
state the date and time of delivery, and the printed name and
signature of the person who received the forms.
As added by P.L.12-1995, SEC.25.
IC 3-7-16-31
County address and telephone numbers to be provided
Sec. 31. (a) The NVRA official shall provide the governing body
of an agency designated under this chapter with a list of the current
addresses and telephone numbers of the offices of the circuit court
clerk or board of registration in each county. The governing body
shall promptly forward the list (and each revision of the list) to each
agency office where services are provided.
(b) The NVRA official shall provide the governing body with
pre-addressed packets for agency offices to transmit applications
under section 29(1) or 29(2) of this chapter.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.27.
IC 3-7-16-32
Voter registration information to be confidential
Sec. 32. Voter registration information received or maintained
under this chapter is confidential.
As added by P.L.12-1995, SEC.25.
IC 3-7-16-33
Notice; elections
Sec. 33. The NVRA official shall notify the governing body of the
agency of the following:
(1) The scheduled date of each primary, general, municipal, and
special election.
(2) The jurisdiction in which the election will be held.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.28.
IC 3-7-16-34
Agency addresses and telephone numbers to be provided
Sec. 34. The governing body of an agency designated under this
chapter shall provide the NVRA official with a list stating the
following:
(1) The address and telephone number of each agency office
where voter registration services will be provided under this
article.
(2) The name of each individual designated by the governing
body to be responsible for performing voter registration duties
under this chapter.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.29.