3-5-4-8. Approval and use of forms

IN Code § 3-5-4-8 (2019) (N/A)
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Sec. 8. (a) Except as provided in subsection (e), but notwithstanding any other statute, whenever the election division acts under IC 3-6-4.2-12 to approve a uniform election or registration form for use throughout Indiana or to approve a revision to an existing form, a person must use the most recent version of the form approved by the election division to comply with this title after the effective date of the election division's order approving the form.

(b) Except as provided in subsection (d) or (f), before an order approving a form takes effect under this section, the election division shall transmit a copy of each form or revised form approved by the order to the following:

(1) Each circuit court clerk, if the election division determines that the form is primarily used by a candidate, a county election board member, a county or town political party, or for absentee or provisional ballot purposes.

(2) Each county voter registration office, if the election division determines that the form is primarily used in voter registration.

(3) The state chairman of each major political party.

(4) The state chairman of any other political party who has filed a written request with the election division during the preceding twelve (12) months to be furnished with copies of forms.

(c) The election division, an election board, a circuit court clerk, a county voter registration office, or any other official responsible for receiving a filing under this title shall reject a filing that does not comply with this section.

(d) The election division shall specify the effective date of the form or revised form and may do any of the following:

(1) Delay the effective date of the approval of a form or revised form.

(2) Permit an earlier approved version of the form or an alternative form to be used before the effective date of the form.

(3) Provide for a retroactive effective date for the approval of the form.

(e) The election division may allow an earlier approved version of the form to be used if the:

(1) earlier version of the form complies with all other requirements imposed under federal law or this title; and

(2) election division determines that the existing stock of the form should be exhausted to prevent waste and unnecessary expense.

(f) This subsection applies to a form that the election division determines is used primarily by the election division. The election division may provide that an order concerning a form described by this subsection is effective immediately upon adoption, without any requirement to distribute the form to other persons.

(g) A form approved by the commission under this section before July 1, 2015, is considered to be approved by the election division without any further action by the election division being required.

As added by P.L.3-1997, SEC.17. Amended by P.L.38-1999, SEC.2; P.L.126-2002, SEC.10; P.L.194-2013, SEC.3; P.L.169-2015, SEC.4.