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Indiana Statutes § 3-7-33-5 Determination of eligibility and subsequent notice; exceptions; contents of notice; pending applications; certificate of error; provisional ballot

⤴ Up to Chapter 33: Registration Forms; General Procedures for Processing by Counties

Statute Text

(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) This subsection does not apply to a voter who indicates:
(1) under IC 3-7-39-7 or on an absentee application submitted under IC 3-11-4 that the voter has changed the voter's residence to an address within the same precinct where the voter's former address was located; or
(2) under IC 3-7-41 or an absentee application submitted under IC 3-11-4 that the voter has changed the voter's name.
As required under 52 U.S.C. 20507 (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 (g), 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.
(4) In accordance with 52 U.S.C. 20302 (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 not include a voter identification number.
(e) The notice required by subsection (b) may include a voter registration card.
(f) 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.
(g) 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 at the address set forth by the applicant as the applicant's current address.
(h) If:
(1) the application for a new registration or an application with information that revises or adds information to the applicant's current registration record states that the applicant formerly resided or was registered at an address outside the precinct where the address set forth in the application is located; and
(2) the application is denied by the county voter registration office under subsection (f);
the county voter registration office shall cancel any registration record of the voter at the address which the applicant stated is no longer the legal residence of the applicant. If a registration record is canceled under this subsection, the voter may nonetheless vote a regular official ballot at the previous address if the voter makes an oral or written affirmation under IC 3-7-48-5 (b) that the voter continues to reside at the previous address.
(i) If the county voter registration office cancels a voter's registration record at an address that the applicant has stated is no longer the legal residence of the applicant under subsection (h), the county voter registration office shall send the voter a notice prescribed by the election division and generated from the computerized list maintained under IC 3-7-26.3 by forwardable mail to the voter's residence address that was canceled. The notice must state the following:
(1) That the voter's registration application was denied under subsection (f).
(2) That the voter's registration record at the address that the applicant has stated is no longer the legal residence of the applicant has been canceled under subsection (h).
(3) That if the voter wants to register to vote at the voter's current residence address, the voter must complete and submit a new application before the end of the next registration period described in IC 3-7-13-10 .
A voter registration application must be sent with the notice required under this subsection.
(j) 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 (g); 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.
(k) 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 (g);
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.

History

Amended by P.L. 278 - 2019 , SEC. 15 , eff. 7/1/2019 .

Amended by P.L. 169 - 2015 , SEC. 39 , eff. 7/1/2015 .

Amended by P.L. 128 - 2015 , SEC. 115 , eff. 5/4/2015, retroactive .

Amended by P.L. 64 - 2014 , SEC. 15 , eff. 3/24/2014 .

Amended by P.L. 14 - 2013 , SEC. 1 , eff. 7/1/2013 .

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 .

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