5.
(a)This section applies to an absentee
ballot where there is a finding that the voter's signature on the absentee
ballot security envelope affidavit does not correspond to the signature
on the voter's absentee ballot application or electronic poll book, or any
signature by the voter maintained in the statewide voter registration
system.
(b)If the absentee voter board, the absentee ballot counters, or the
county election board determine that a voter's signature on the absentee
ballot security envelope affidavit does not correspond to:
(1)the voter's signature on the absentee ballot application;
(2)the voter's signature on the electronic poll book; or
(3)any signature of the voter maintained in the statewide voter
registration system;
the absentee ballot security envelope shall not b
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5. (a) This section applies to an absentee
ballot where there is a finding that the voter's signature on the absentee
ballot security envelope affidavit does not correspond to the signature
on the voter's absentee ballot application or electronic poll book, or any
signature by the voter maintained in the statewide voter registration
system.
(b) If the absentee voter board, the absentee ballot counters, or the
county election board determine that a voter's signature on the absentee
ballot security envelope affidavit does not correspond to:
(1) the voter's signature on the absentee ballot application;
(2) the voter's signature on the electronic poll book; or
(3) any signature of the voter maintained in the statewide voter
registration system;
the absentee ballot security envelope shall not be opened and the ballot
shall not be counted.
(c) The absentee voter board, the absentee ballot counters, or the
county election board shall write the date and cause of the mismatched
signature on the face of the security envelope after completing the
procedures set forth in this section.
(d) The county election board or board of elections and registration
shall send a notice produced from the computerized system established
by IC 3-7-26.3 to the voter of the determination of the absentee voter
board, absentee ballot counters, county election board, or board of
elections and registration that an absentee ballot signature mismatch
has occurred. The county election board shall:
(1) either:
(A) hand deliver the notice; or
(B) mail the notice by first class United States mail;
to the registration address of the voter;
(2) send the notice by electronic mail to the voter if an electronic
mail address for the voter is available; and
(3) call the voter by telephone to provide notice of the signature
mismatch determination, if a telephone number for the voter is
available;
not later than the close of business two (2) business days after the
signature mismatch determination by the county occurs. If a county
election board is unable to produce the notice from the computerized
list, the county election board may send the notice provided by the
election division.
(e) If:
(1) the county election board does not provide the voter with the
notice described in subsection (d) before the close of business two
(2) business days after the signature mismatch is determined; and
(2) the voter learns that the notice described in subsection (d)
should have been provided;
the voter or a representative of the voter may request the notice
described in subsection (d) from the county election board or the
election division.
(f) An absentee ballot sealed inside an absentee ballot security
envelope affidavit with a signature mismatch shall be treated as a
provisional ballot under IC 3-11.7. The signature mismatch may be
cured under this section and the absentee ballot counted if the ballot is
otherwise valid.
(g) A voter notified by the county election board or board of
elections and registration under subsection (d) must verify the voter's
signature under this section on:
(1) the absentee ballot security envelope affidavit;
(2) the absentee ballot application or electronic poll book; or
(3) both;
by filing an affidavit with the county election board or board of
elections and registration not later than noon, prevailing local time,
eight (8) days after election day.
(h) The notice under subsection (d) is subject to IC 3-5-4-8 and
must contain the following information:
(1) A statement from the county election board or board of
elections and registration notifying the voter that the county has
determined that a signature mismatch has occurred between the
signature of the voter on the absentee ballot security envelope
affidavit and the voter's signature on the absentee ballot
application or electronic poll book, or any signature made by the
voter on file in the statewide voter registration system.
(2) A statement that the voter's absentee ballot will be rejected
and not counted unless the voter cures the signature mismatch
under this section by filing a signed signature verification
affidavit with the county election board or board of elections and
registration not later than noon, local prevailing time, eight (8)
days after election day, and specifying the date on which the
eighth day will fall.
(3) A signature line for the voter to print the voter's name and date
and sign the signature verification affidavit.
(4) A statement that the signature verification affidavit must be:
(A) placed into a mailing envelope addressed to the county
election board or board of elections and registration, and either
mailed with sufficient postage or hand delivered to the board;
or
(B) sent to the board by electronic mail or facsimile
transmission.
(5) Information provided by the board setting forth the mailing
address, electronic mail address, or facsimile number of the
board.
(6) The name of the voter.
(i) The signature verification affidavit shall be prescribed by the
election division under IC 3-5-4-8, shall be produced from the
computerized list established under IC 3-7-26.3, must substantially be
in the following form, and may be included on the same page as the
notice and instructions:
I, [voter's name], am a registered voter of [voter's county of
residence] County, State of Indiana. I declare under the penalties
of perjury that I requested and returned an absentee ballot. I am
a resident of the precinct in which I have voted (or I am entitled
to vote in this precinct under Indiana law), and I am the person
whose name appears on the absentee ballot envelope. I understand
that if I commit or attempt any fraud in connection with voting, or
if I aid or abet fraud or attempt to aid or abet fraud in connection
with voting, I may be convicted of a felony punishable by
imprisonment, a fine, or both. I understand that my failure to sign
this statement means my absentee ballot will not be counted.
If there is a reason why your signature does not match, please
explain here. Examples include age or disability of the voter or
execution of the absentee affidavit by the person holding the
voter's power of attorney or any person assisting a voter under IC 3-11-4-2(b) or a member of the voter's immediate household or
power of attorney attesting to the voter's signature on the absentee
by mail return envelope under IC 3-11.5-4-13(c). The
computerized list shall preprint the name of the voter in the
appropriate parts of the affidavit.
(j) The county election board or board of elections and registration
may not reject an absentee ballot with a nonconforming security
envelope signature if each of the following conditions are satisfied:
(1) The voter delivers:
(A) in person;
(B) by mail;
(C) by facsimile transmission; or
(D) by electronic mail;
a signature verification affidavit signed by the voter and the
county election board or board of elections and registration
receives the affidavit not later than noon, prevailing time, eight
(8) days after election day, or the voter, before the close of the
polls on election day, completes and files a signature verification
affidavit with the inspector or other chief election official of the
precinct or vote center within the county. The inspector or vote
center official shall forward the signature verification statement
to the county election board or board of elections and registration
with the other materials from the precinct. The voter may deliver
a signature verification affidavit signed by the voter to an
absentee voter board at a circuit court clerk's office or satellite
location during the period of early voting described in IC 3-11-10-26.
(2) Upon receipt of the signature verification statement, the
county election board or county board of elections and
registration shall open the provisional ballot envelope to access
the voter's absentee ballot security envelope to:
(A) compare the signature on the verification statement with the
signature on the affidavit of the ballot envelope; or
(B) if the ballot is for a military or overseas voter who
transmitted the ballot by facsimile or electronic mail, compare
the affidavit found under IC 3-11-4-6(h) and, if applicable, the
signature found in the voter's registration record or the
signature on the absentee ballot application.
(k) If, upon conducting the comparison of signatures, the board
determines that the signatures match and no other challenges have been
made to the ballot, the board shall open the absentee ballot security
envelope and add the votes cast on the ballot to the tally for the voter's
precinct.
(l) A ballot may not be removed from the security envelope until the
time for processing ballots. If, upon conducting the comparison of the
signatures under this section, the election officials determine that the
signatures are mismatched, the voter's absentee ballot security envelope
may not be opened and the ballot shall not be counted. The election
officials shall write "this ballot has been rejected because of a
mismatched signature" on the face of the security envelope. The
absentee ballot security envelope must be resealed and the status of the
rejected provisional ballot must be made under the "County Election
Board Findings" on the affidavit.
(m) A mismatched absentee ballot security envelope is to be treated
as a provisional ballot and is subject to the same confidentiality
restrictions under IC 3-11.7-6-3.
(n) If the county election board or board of elections and registration
determines that the signatures match, the board shall provide a copy of
the statement to the county voter registration officer in any county
where there is a separate board of registration. The voter registration
officer shall then use the signature in the signature verification
statement, even if returned untimely, to update the voter's signature in
the voter's registration record.