Section 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(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.(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.Amended by P.L. 170-2019,SEC. 11, eff. 7/1/2019.Amended by P.L. 169-2015, SEC. 100, eff. 7/1/2015.Amended by P.L. 128-2015, SEC. 157, eff. 5/4/2015, retroactive.As added by P.L. 66-2010, SEC.13.