§ 3-11-4-5.7 — Military and Overseas Voter Empowerment Act; delegation of authority to counties; designation of communications means; providing applications to voters; security and privacy of application requests; providing information to voters; free access system

Indiana § 3-11-4-5.7

• Jurisdiction: Indiana
• Art. 11: VOTING METHODS, SUPPLIES, AND
• Ch. 4: Eligibility and Application for Absentee Ballot

Text

7. (a) As used in this section, "MOVE" refers
to the Military and Overseas Voter Empowerment Act (P.L. 111-84,
Division A, Title V, Subtitle H (Section 575 et seq.)).
(b) As used in this section, "voter" refers only to either of the
following:
(1) An absent uniformed services voter.
(2) An overseas voter.
(c) Except as expressly provided by law, the state delegates its
responsibilities to carry out the requirements of MOVE to each county
election board or board of elections and registration.
(d) To implement 52 U.S.C. 20302, electronic mail, fax, and web
publication are designated as means of communication for a voter to
request a voter registration application and an absentee ballot
application from the election division, a county election board, or a
county voter registration office.
(e) An office described in subsection (d) that receives an electronic
mail or fax from a voter shall provide an absentee ballot application or
a voter registration application by electronic mail or fax to the voter if:
(1) requested by the voter; and
(2) the voter provides an electronic mail address or a fax number
that permits the office to send an application not later than the end
of the first business day after the office receives the
communication from the voter.
If the electronic mail address or the fax number provided by the voter
does not permit the office to send the voter an application not later than
the end of the first business day after the office receives the
communication, the office shall send the application to the voter by
United States mail.
(f) As required by 52 U.S.C. 20302, to the extent practicable and
permitted under Indiana law (including IC 3-7 and IC 5-14-3), an office
described in subsection (d) shall ensure that the procedures used to
transmit an absentee ballot application or a voter registration
application to an absent uniformed services voter or overseas voter
protect the security and integrity of the application request processes,
and that the privacy of the identity and other personal data of the voter
who requests or is sent an application under subsection (e) is protected
throughout the process of making the request or being sent the
application.
(g) As required under 52 U.S.C. 20302, an office described in
subsection (d) shall include information regarding the use of electronic
mail, fax, and web publication with all informational and instructional
materials that are sent with an absentee ballot application or an
absentee ballot to an absent uniformed services voter or overseas voter.
(h) To implement Section 580 of MOVE, and in accordance with IC 3-7-26.3-3, the secretary of state, with the approval of the election
division, shall develop a free access system that permits an absent
uniformed services voter or overseas voter to determine whether the
voter's absentee ballot has been received by the appropriate county
election board (or board of elections and registration), regardless of the
manner in which the absentee ballot was transmitted by the voter to the
board. To the extent permitted by IC 3-7 and IC 5-14-3, the system
must contain reasonable procedures to protect the security,
confidentiality, and integrity of personal information collected, stored,
or otherwise used on the system.

Legislative History

As added by P.L.66-2010, SEC.13. Amended by P.L.128-2015, SEC.157; P.L.169-2015, SEC.100; P.L.170-2019, SEC.11.