Sec. 13.5. (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) 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.
(e) 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.
(f) 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.
(g) 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.
(h) 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:
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SIGNATURE VERIFICATION AFFIDAVIT |
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.
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___________________ |
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Voter’s Signature |
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____________________ |
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Voter’s Printed Name |
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________________________ |
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Voter’s Registration Address |
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.
(i) 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.
(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.
(j) 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.
(k) 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.
(l) 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.
(m) 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.
As added by P.L.109-2021, SEC.61.