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| Bill | Various elections matters. | Provides that a political subdivision that conducts or administers an election may not receive or expend funds received from a person (other than from the state or from the federal government) for preparing, administering, or conducting elections, including registering voters. Requires the election division (instead of the Indiana election commission) to prescribe a uniform generic seal for use on certain ballots when the circuit court clerk is a candidate on the ballot. Requires certification by the county chairman of a candidate in a political party primary or town convention if the candidate cast a nonpartisan ballot at the most recent primary election in which the candidate voted. Requires that the notice of an election must include the dates, times, and locations of voting at the circuit court clerk's office and at satellite offices. Provides that notices of elections must be published not later than 21 days before election day. (Under current law, these notices must be published at least 10 days before the date of the election.) Prohibits the printing of an independent or political party device on a ballot under specified circumstances. Specifies ballot placement of names when there are both at-large and district candidates in an election district. Specifies the manner in which a voter with print disabilities may request certain applications. Requires the secretary of state to develop a system relating to on-line ballot applications that complies with the Web Content Guidelines for accessibility. Provides that a member of the Indiana National Guard deployed or on assignment inside Indiana is entitled to vote by mail. Specifies that absent uniformed services voters or overseas voters are entitled to vote by mail using a combined form. Requires counties to mail absentee ballots by nonforwardable mail. Specifies the list of household family members who may assist an absentee voter. Prohibits counting a ballot that is deposited in a drop box or container that is not under the physical control and supervision of the county election board. Allows a county election board by unanimous vote to authorize an absentee voter board to visit a voter to complete an absentee ballot application and provide the voter with an absentee ballot. Permits absentee travel boards to use optical scan ballot card marking devices. Requires locations where absentee in person voting occurs to meet accessibility standards that apply to polling locations on election day. Prohibits a ballot label including a straight party ticket option in specified circumstances. Establishes standards for a marking device used in a voting system that contains features of both a ballot card voting system and an electronic voting system and produces a ballot card with the voter's choices. Establishes standards for voter verifiable paper audit trails. Establishes procedures for obtaining a replacement absentee ballot. Requires a county to compare signatures upon receipt of an absentee ballot and specifies the procedure. Sets forth a procedure if a county election board does not unanimously determine that an absentee ballot signature is genuine. Extends the time in which an absentee ballot must be received on election day from noon to 6 p.m. Allows all counties to open absentee ballot envelopes by machine (current law only allows for Marion County to use a machine to open ballots). Establishes procedures and forms for the curing of mismatched signatures involving an absentee ballot and unsigned absentee ballots. Allows an individual who is not a voter to serve as an absentee board member. States that the position of an absentee ballot counter or a provisional ballot counter is not a lucrative office for purposes of the Constitution of the State of Indiana. Allows a member of the Indiana state recount commission to appoint a proxy. Provides for a Level 6 felony for inducing or procuring another person to vote or refrain from voting for or against a candidate or public question at: (1) a caucus; or (2) the appointment of a candidate by a political party chairman or central committee officer; by giving, offering, or promising a person money or other property. Changes the deadline for certification of a public question relating to certain school referenda from 60 days to 74 days before the election. Specifies that individuals who change residence to outside of a school corporation less than 30 days before the election may not vote on public questions relating to the school corporation. Repeals language concerning absentee ballots (moving some language to central voting statutes). Makes technical corrections. | us/states/in | Indiana General Assembly | 2021 | SB 398 | Indiana SB 398 (2021) |
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6 | 28 | 0 | 2021-01-14 | 2021-04-23 | openstates | ocd-bill/88feb3a0-45c2-4c5a-bf02-57ba610e9141 | http://iga.in.gov/legislative/2021/bills/senate/398 | 9a6992fb1aa4d81b11921ba401806652f4c5f3c0fd8c4e3a67bea2bb2e135ec5 | 2026-07-01 | https://data.openstates.org/daily/2026-07-01/public.pgdump | 2026-07-06 | reported |
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Indiana SB 398 (2021) — Various elections matters.
Provides that a political subdivision that conducts or administers an election may not receive or expend funds received from a person (other than from the state or from the federal government) for preparing, administering, or conducting elections, including registering voters. Requires the election division (instead of the Indiana election commission) to prescribe a uniform generic seal for use on certain ballots when the circuit court clerk is a candidate on the ballot. Requires certification by the county chairman of a candidate in a political party primary or town convention if the candidate cast a nonpartisan ballot at the most recent primary election in which the candidate voted. Requires that the notice of an election must include the dates, times, and locations of voting at the circuit court clerk's office and at satellite offices. Provides that notices of elections must be published not later than 21 days before election day. (Under current law, these notices must be published at least 10 days before the date of the election.) Prohibits the printing of an independent or political party device on a ballot under specified circumstances. Specifies ballot placement of names when there are both at-large and district candidates in an election district. Specifies the manner in which a voter with print disabilities may request certain applications. Requires the secretary of state to develop a system relating to on-line ballot applications that complies with the Web Content Guidelines for accessibility. Provides that a member of the Indiana National Guard deployed or on assignment inside Indiana is entitled to vote by mail. Specifies that absent uniformed services voters or overseas voters are entitled to vote by mail using a combined form. Requires counties to mail absentee ballots by nonforwardable mail. Specifies the list of household family members who may assist an absentee voter. Prohibits counting a ballot that is deposited in a drop box or container that is not under the physical control and supervision of the county election board. Allows a county election board by unanimous vote to authorize an absentee voter board to visit a voter to complete an absentee ballot application and provide the voter with an absentee ballot. Permits absentee travel boards to use optical scan ballot card marking devices. Requires locations where absentee in person voting occurs to meet accessibility standards that apply to polling locations on election day. Prohibits a ballot label including a straight party ticket option in specified circumstances. Establishes standards for a marking device used in a voting system that contains features of both a ballot card voting system and an electronic voting system and produces a ballot card with the voter's choices. Establishes standards for voter verifiable paper audit trails. Establishes procedures for obtaining a replacement absentee ballot. Requires a county to compare signatures upon receipt of an absentee ballot and specifies the procedure. Sets forth a procedure if a county election board does not unanimously determine that an absentee ballot signature is genuine. Extends the time in which an absentee ballot must be received on election day from noon to 6 p.m. Allows all counties to open absentee ballot envelopes by machine (current law only allows for Marion County to use a machine to open ballots). Establishes procedures and forms for the curing of mismatched signatures involving an absentee ballot and unsigned absentee ballots. Allows an individual who is not a voter to serve as an absentee board member. States that the position of an absentee ballot counter or a provisional ballot counter is not a lucrative office for purposes of the Constitution of the State of Indiana. Allows a member of the Indiana state recount commission to appoint a proxy. Provides for a Level 6 felony for inducing or procuring another person to vote or refrain from voting for or against a candidate or public question at: (1) a caucus; or (2) the appointment of a candidate by a political party chairman or central committee officer; by giving, offering, or promising a person money or other property. Changes the deadline for certification of a public question relating to certain school referenda from 60 days to 74 days before the election. Specifies that individuals who change residence to outside of a school corporation less than 30 days before the election may not vote on public questions relating to the school corporation. Repeals language concerning absentee ballots (moving some language to central voting statutes). Makes technical corrections.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
- Engrossed Senate Bill (H) (committee substitute) — source
- Engrossed Senate Bill (S) (committee substitute) — source
- Enrolled Senate Bill (S) (committee substitute) — source
- Introduced Senate Bill (S) (committee substitute) — source
- Senate Bill (H) (committee substitute) — source
- Senate Bill (S) (committee substitute) — source
Sponsors
- Greg Walker — primary (person)
- Jon Ford — primary (person)
- Timothy Wesco — primary (person)
- Edward Clere — cosponsor (person)
- Ethan Manning — cosponsor (person)
Timeline
The legislative action history — every referral, reading, and vote.
- 2021-01-14 Authored by Senator Walker G
- 2021-01-14 First reading: referred to Committee on Elections
reading-1, referral-committee - 2021-02-09 Committee report: amend do pass, adopted
committee-passage - 2021-02-11 Amendment #3 (Walker G) prevailed; voice vote
amendment-failure, amendment-passage - 2021-02-11 Amendment #1 (Ford J.D.) failed; voice vote
amendment-failure - 2021-02-11 Amendment #2 (Ford J.D.) failed; Division of the Senate: yeas 10, nays 36
amendment-failure - 2021-02-11 Second reading: amended, ordered engrossed
reading-2 - 2021-02-11 Senator Ford Jon added as second author
- 2021-02-15 House sponsor: Representative Wesco
- 2021-02-15 Cosponsors: Representatives Clere and Manning
- 2021-02-15 Third reading: passed; Roll Call 116: yeas 46, nays 0
passage, reading-3 - 2021-02-16 Referred to the House
- 2021-03-02 First reading: referred to Committee on Elections and Apportionment
reading-1, referral-committee - 2021-03-18 Committee report: amend do pass, adopted
committee-passage - 2021-03-25 Amendment #4 (Wesco) prevailed; voice vote
amendment-failure, amendment-passage - 2021-03-25 Amendment #1 (Pryor) prevailed; voice vote
amendment-failure, amendment-passage - 2021-03-25 Amendment #2 (Pierce) ruled out of order
amendment-failure - 2021-03-25 Second reading: amended, ordered engrossed
reading-2 - 2021-03-25 Appeal the ruling of the chair (Pierce); ruling of the chair sustained Roll Call 300: yeas 58, nays 30
- 2021-03-29 Third reading: passed; Roll Call 318: yeas 93, nays 0
passage, reading-3 - 2021-03-30 Returned to the Senate with amendments
amendment-failure - 2021-04-13 Motion to concur filed
- 2021-04-15 Senate concurred in House amendments; Roll Call 447: yeas 40, nays 2
amendment-failure - 2021-04-20 Signed by the President Pro Tempore
- 2021-04-21 Signed by the Speaker
- 2021-04-22 Signed by the President of the Senate
- 2021-04-23 Signed by the Governor
executive-signature - 2021-04-23 Public Law 109
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/88feb3a0-45c2-4c5a-bf02-57ba610e9141. Confidence: reported (aggregated from official Indiana legislature records).