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

Indiana § 3-7-33-5

• Jurisdiction: Indiana
• Art. 7: VOTER REGISTRATION
• Ch. 33: Registration Forms; General Procedures for Processing

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.

Legislative History

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; P.L.14-2013, SEC.1; P.L.64-2014, SEC.15; P.L.128-2015, SEC.115; P.L.169-2015, SEC.39; P.L.278-2019, SEC.15.