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Wednesday, May 13, 2009

Ind. Law - More on Governor's veto of SEA 209 voting centers bill

"Daniels vetoes early voting bill sparked by Lake County dispute" is the headline of the story by Patrick Guinane in the NWI Times.Some quotes:

Gov. Mitch Daniels signed legislation late Monday allowing Hoosiers to register to vote online, but he vetoed another measure that could have made it easier to vote early.

The Republican governor axed Senate Bill 209, which would have let county election boards establish multiple early voting sites by a majority vote, instead of a unanimous decision. The measure was intended to put to rest a partisan Lake County spat that trudged through a half-dozen courts last fall. * * *

One in six Hoosier voters cast ballots prior to Election Day last November, with Lake and Porter counties tallying more than 53,000 absentee and in-person early votes. Each county must operate one early voting center, but the decision to open additional satellite locations must be unanimous.

The Democratic-controlled Lake County elections board deadlocked 3-2 along party lines last fall, but Democrats still opened auxiliary early voting sites in East Chicago, Gary and Hammond. Republicans protested but could not convince a county, state or federal judge to shudder the sites once voting had started.

State Rep. Vernon Smith, D-Gary, worked on SB 209 in the hope that it would head off future early voting disputes. He said having just one early voting site in Crown Point isn't sufficient for Indiana's second most populous county.

"I was trying to correct that situation because I don't think it should be a partisan situation," Smith said. "We should not make it difficult for people to vote. We should make it convenient for people to vote."

Meanwhile, Daniels signed into law House Bill 1346, which authorizes Secretary of State Todd Rokita to begin offering online voter registration in July 2010.

Niki Kelly writes in the Fort Wayne Journal Gazette under the headline "Daniels vetoes satellite voting." Some quotes:
[Daniels vetoed] Senate Bill 209, an election bill that contained numerous sections relating to casting provisional ballots, satellite voting and the creation of vote centers. The final version cleared the Senate 48-0, but the vote in the House was divisive at 55-43.

Daniels said though the bill contains provisions to make voting more convenient, “it does not contain sufficient safeguards against fraud and abuse and removes long-standing bipartisan checks and balances in the conduct of elections.”

Daniels’ office would not specify which portions of the bill were problematic.

Secretary of State Todd Rokita, who is Indiana’s chief election official, expressed displeasure in the governor’s veto.

“How ironic it is that the one local government reform that actually passes the legislature ends up getting vetoed,” Rokita said in a written statement. “Vote Centers is perhaps the only local government reform that so far has been proven unequivocally to save taxpayers money.

“I would expect, given the serious fiscal condition of the state, that the concept is important enough to find its way into the budget bill so that all 92 counties be given the opportunity to realize the unquestionable taxpayer benefits and savings." * * *

Among the bills that the governor signed into law was House Bill 1346, which allows people with valid driver’s licenses or state identification to file voter registration forms using the Internet.

Currently, Hoosiers can download registration applications online, but they must print and mail the forms.

Deanna Martin reports for the AP:
Gov. Mitch Daniels signed a bill Monday that will allow online voter registration but vetoed another that would expand the use of centralized vote centers.

The election bill Daniels signed will let people with valid driver's licenses or state identification file voter registration forms over the Internet. Citizens have been able to download registration applications online but had to print and mail the forms. * * *

But he vetoed a second election bill, writing in his veto message:

"While this bill contains provisions that would make the act of voting more convenient, it does not contain sufficient safeguards against fraud and abuse and removes long-standing bipartisan checks and balances in the conduct of elections."

Daniels' office said the Republican governor had no further comment about the bill, which contained many provisions affecting different parts of the state.

It would have allowed vote centers in Johnson County, which lost more than 400 voting machines in June flooding. Officials there had hoped to save $2 million by joining Cass, Wayne and Tippecanoe counties as vote center areas, where residents cast ballots at centralized locations instead of individual precincts.

The bill also would have required election officials to tell people casting provisional ballots the steps they must take to have the ballot counted. Supporters said that measure was important because voters who cast provisional ballots often don't know what to do next.

Secretary of State Todd Rokita, the state's chief election officer, said candidates and county political party chairmen could find out the names and addresses of people who cast provisional ballots. He had concerns about that measure, saying candidates would hound voters days after the election, but had fought for the vote center legislation.

Rokita wants all counties to be able to use vote centers if they choose, and suggested that lawmakers could take up the issue as they meet in a special session in June to approve a budget.
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"I would expect, given the serious fiscal condition of the state, that the concept is important enough to find its way into the budget bill so that all 92 counties be given the opportunity to realize the unquestionable taxpayer benefits and savings," Rokita said yesterday.
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The vetoed bill also would have changed state law about satellite vote centers, where people can cast absentee ballots in person before an election. Current law requires county election boards to unanimously approve satellite voting spots, but the bill would have only required a majority of the board.

Satellite voting became an issue last fall in Lake County, where Republicans fought to close three early voting locations saying the Democrat-controlled election board had approved them in violation of state law. A special judge and the Indiana Court of Appeals said the centers could remain open.

Daniels also vetoed a bill Monday that would have required the fire prevention and building safety commission to adopt by July 2010 one of two energy conservation codes for new commercial buildings and those undergoing significant modifications.

Daniels said the commission is already working to update the state's energy code.

"While this bill does constitute good policy, it is completely superfluous," Daniels said in his veto message. "The language of the bill would only serve to clutter the existing Indiana Code without adding in any way to our progress in these areas."

But Jesse Kharbanda, executive director of the Hoosier Environmental Council, said the law would have led to codes being adopted faster than if the issue were left to the traditional rule-making process. He said quickly adopting one of the codes would encourage businesses to install energy-efficient heating and cooling systems, windows and other systems.

"There was no guarantee that this would get done quickly if it was left simply to the rule-making process," Kharbanda said. "Our general view is that Indiana is moving at a glacial pace."

"I would expect, given the serious fiscal condition of the state, that the concept is important enough to find its way into the budget bill so that all 92 counties be given the opportunity to realize the unquestionable taxpayer benefits and savings," Rokita said yesterday.
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The vetoed bill also would have changed state law about satellite vote centers, where people can cast absentee ballots in person before an election. Current law requires county election boards to unanimously approve satellite voting spots, but the bill would have only required a majority of the board.

Satellite voting became an issue last fall in Lake County, where Republicans fought to close three early voting locations saying the Democrat-controlled election board had approved them in violation of state law. A special judge and the Indiana Court of Appeals said the centers could remain open.

Posted by Marcia Oddi on May 13, 2009 07:56 AM
Posted to Indiana Law