Absentee Ballot Signature Comparison; Procedure; Signature Verification Affidavit;

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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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