CHAPTER 33. REGISTRATION FORMS; GENERAL PROCEDURES FOR PROCESSING BY COUNTIES
IC 3-7-33
Chapter 33. Registration Forms; General Procedures for
Processing by Counties
IC 3-7-33-1
Applicability of chapter
Sec. 1. This chapter applies to the processing of registration forms
by a county voter registration office.
As added by P.L.12-1995, SEC.43. Amended by P.L.81-2005,
SEC.17.
IC 3-7-33-2
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-7-33-3
Acceptance not later than 29 days before election; driver's license
application; voter registration agency
Sec. 3. (a) This section applies to a voter registration application
that is:
(1) completed as part of a driver's license application under
IC 3-7-14; or
(2) submitted at a voter registration agency under this article.
(b) As provided in 42 U.S.C. 1973gg-6(a)(1), an eligible applicant
whose application is accepted by the bureau of motor vehicles or a
voter registration agency not later than twenty-nine (29) days before
the election shall be registered to vote in the election.
As added by P.L.12-1995, SEC.43.
IC 3-7-33-3.5
Effect of Internet application
Sec. 3.5. (a) This section applies to a voter registration application
submitted online in accordance with IC 3-7-26.7.
(b) An eligible applicant who submits a complete application
online in accordance with IC 3-7-26.7 not later than midnight on the
twenty-ninth day before the election shall be registered to vote in the
election.
As added by P.L.120-2009, SEC.5.
IC 3-7-33-4
Acceptance not later than 29 days before election; mail form;
postmark
Sec. 4. (a) This section applies to a voter registration application
submitted on a registration by mail form under IC 3-7-22.
(b) Except as provided in subsection (c), and as provided in 42
U.S.C. 1973gg-6(a)(1), an eligible applicant whose application is
postmarked not later than twenty-nine (29) days before the election
shall be registered to vote in the election.
(c) If a postmark on a registration by mail form is missing or
illegible, an eligible applicant shall be registered to vote in the
election if the form is received by the county voter registration office
not later than the Monday following the close of the registration
period before the election.
As added by P.L.12-1995, SEC.43. Amended by P.L.209-2003,
SEC.50; P.L.14-2004, SEC.45.
IC 3-7-33-4.5
Voter registration application submitted by mail; identifying
documentation; exceptions
Sec. 4.5. (a) Except as provided in subsection (b), this section
applies to an individual who:
(1) submits an application to register to vote by mail under
IC 3-7-22; and
(2) has not previously voted in:
(A) a general election in Indiana (or a special election for
federal office in Indiana); or
(B) a general election (or a special election for federal
office) in the county where the individual has submitted an
application under this chapter if a statewide voter
registration system is not operational in accordance with the
requirements of IC 3-7-26.3 and 42 U.S.C. 15483 on the date
the application is received by the county voter registration
office.
(b) This section does not apply to an individual who complies
with the requirements in any of the following:
(1) The individual submits an application to register to vote by
mail under this chapter and includes with that mailing a copy
of:
(A) a current and valid photo identification; or
(B) a current utility bill, bank statement, government check,
paycheck, or government document;
that shows the name and residence address of the voter stated
on the voter registration application.
(2) The individual submits an application to register to vote by
mail under this chapter that includes:
(A) the individual's Indiana driver's license number; or
(B) the last four (4) digits of the individual's Social Security
number;
and the county voter registration office or election division
matches the information submitted by the applicant with an
existing Indiana identification record bearing the same number,
name, and date of birth set forth in the voter registration
application.
(3) The individual is an absent uniformed services voter or
overseas voter.
(4) The individual is entitled to vote other than in person under
the federal Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee-1(b)(2)(B)(ii)) due to a
determination by the election division that a permanent or
temporarily accessible polling place cannot be provided for the
individual.
(5) The individual is entitled to vote other than in person under
any other federal law.
(c) When a county voter registration office receives a voter
registration application by mail, the office shall determine whether
the applicant is subject to the requirements to provide additional
documentation under this section and 42 U.S.C. 15483.
(d) As required by 42 U.S.C. 15483, a county voter registration
office shall administer the requirements of this section in a uniform
and nondiscriminatory manner.
(e) If the county voter registration office determines that the
applicant:
(1) is not required to submit additional documentation under
this section; or
(2) has provided the documentation required under this section;
the county voter registration office shall process the application in
accordance with section 5 of this chapter.
(f) If the county voter registration office determines that the
applicant is required to submit additional documentation under this
section and 42 U.S.C. 15483, the office shall process the application
under section 5 of this chapter and, if the applicant is otherwise
eligible to vote, add the information concerning this documentation
to the voter's computerized registration entry under IC 3-7-27-20.2.
(g) The county voter registration office shall remove the notation
described in subsection (f) after the voter votes in an election for a
federal office.
As added by P.L.209-2003, SEC.51. Amended by P.L.14-2004,
SEC.46; P.L.164-2006, SEC.27.
IC 3-7-33-5
Determination of eligibility and subsequent notice; pending
applications; certificate of error
Sec. 5. (a) When the county voter registration office receives an
application for a new registration or an application with information
that revises or adds information to the applicant's current voter
registration record, the county voter registration office shall
determine if the applicant appears to be eligible to register to vote
based on the information in the application.
(b) As required under 42 U.S.C. 1973gg-6(a)(2), the county voter
registration office shall send a notice to each person from whom the
county voter registration office receives a voter registration
application. The county voter registration office shall send a notice
to the applicant at the mailing address provided in the application.
(c) The notice required by subsection (b) must set forth the
following:
(1) A statement that the application has been received.
(2) The disposition of the application by the county voter
registration office.
(3) If the county voter registration office determines that the
applicant appears to be eligible, the notice must state the
following:
(A) Except as provided under subsection (f), the applicant is
registered to vote under the residence address when the
applicant receives the notice. An applicant is presumed to
have received the notice unless the notice is returned by the
United States Postal Service due to an unknown or
insufficient address and received by the county voter
registration office not later than seven (7) days after the
notice is mailed to the applicant.
(B) The name of the precinct in which the voter is registered.
(C) The address of the polling place for the precinct in
which the voter is registered.
(D) The voter's voter identification number.
(4) In accordance with 42 U.S.C. 1973ff-1(d), if the county
voter registration office has denied the application, the notice
must include the reasons for the denial.
(d) The notice required by subsection (b) may include a voter
registration card.
(e) If the notice is returned by the United States Postal Service
due to an unknown or insufficient address, the county voter
registration office shall determine that the applicant is ineligible and
deny the application.
(f) During the seven (7) days following the mailing of the notice
to the voter under this section, the county voter registration office
shall indicate in the computerized list maintained under IC 3-7-26.3
that the application is pending. If the notice:
(1) is not returned by the United States Postal Service and
received by the county voter registration office at; or
(2) is received by the applicant by United States Postal Service
delivery and presented in person by the applicant to the county
voter registration office before;
the expiration of the seven (7) day period under subsection (c), the
county voter registration office shall indicate in the computerized list
that the applicant is a registered voter.
(g) This subsection applies if the notice is mailed by the county
voter registration office after the certified list is prepared under
IC 3-7-29. If:
(1) the seven (7) day period under subsection (c) expires before
election day;
(2) the applicant has not presented the notice mailed under
subsection (b) to the county voter registration office as provided
under subsection (f); and
(3) the applicant would otherwise have been included on the
certified list;
the county voter registration office shall prepare a certificate of error
under IC 3-7-48 to note the addition of the voter to the certified list.
(h) This subsection applies if the notice is mailed by the county
voter registration office after the certified list is prepared under
IC 3-7-29. If:
(1) the seven (7) day period has not expired before election day;
and
(2) the applicant has not presented the notice mailed under
subsection (b) to the county voter registration office as provided
under subsection (f);
the county voter registration office shall notify the county election
board. The county election board shall certify to the inspector of the
precinct where the applicant resides that the applicant's voter
registration application is pending, and that the voter, subject to
fulfilling the requirements of IC 3-11.7, is entitled to cast a
provisional ballot.
As added by P.L.12-1995, SEC.43. Amended by P.L.3-1995, SEC.42;
P.L.4-1996, SEC.20; P.L.122-2000, SEC.3; P.L.209-2003, SEC.52;
P.L.81-2005, SEC.18; P.L.164-2006, SEC.28.
IC 3-7-33-6
Removal from rolls
Sec. 6. As provided by 42 U.S.C. 1973gg-4(d), if:
(1) the county voter registration office mails a notice of the
disposition of a voter registration application under section 5(b)
of this chapter by nonforwardable mail; and
(2) the notice is returned as undeliverable, after the applicant is
added to the registration rolls under section 5 of this chapter;
the county voter registration office may initiate steps to remove the
voter from the registration rolls as provided in 42 U.S.C. 1973gg-6(d)
and this article.
As added by P.L.12-1995, SEC.43. Amended by P.L.3-1995, SEC.43;
P.L.3-1997, SEC.93; P.L.122-2000, SEC.4.
IC 3-7-33-7
Repealed
(Repealed by P.L.3-1995, SEC.157.)