Signed by Governor Eric Holcomb

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes it is a crime for someone to refuse to leave a polling place after they've been asked to leave by an election officer or by police for causing a disruption.

Highlights:

• Requires each election sheriff to do the following (Sec. 5.a):

• Attend the polls in the appointed precinct from the opening of the polls to the conclusion of the count;

• Preserve order at the polls;

• Enforce the election laws under the direction of the precinct election board.

• Upon direction from a precinct election officer, request assistance from a law enforcement officer if a violation of law or breach of the peace or chute has occurred or appears imminent.

• Authorizes a watcher appointed under this law to do the following (Sec. 7):

• Enter the polls at least 30 minutes before the opening of the polls and remain there throughout election day until all tabulations have been completed;

• Inspect the paper ballot boxes, ballot card voting system, or electronic voting system before votes have been cast;

• Inspect the work being done by any precinct election officer;

• Enter, leave, and reenter the polls at any time on election day;

• Witness the calling and recording of the votes and any other proceedings of the precinct election officers in the performance of official duties; and

• Receive a summary of the vote.

• Requires a watcher appointed under this law to report any violation of election laws that comes to the watcher's attention to any of the following (Sec. 9.b):

• The inspector of the precinct;

• The county election board; or

• The prosecuting attorney.

• Establishes a state police department employee or a police officer or firefighter of a political subdivision who recklessly does the following is guilty of a Class A misdemeanor (Sec. 10.a):

• Solicits votes or campaign funds;

• Challenges voters; or

• Performs any other election-related function;

• Classifies knowingly or intentionally entering or refusing to leave the polls or chute after having been prohibited from entering or being asked to leave the polls or chute by a precinct election officer or a law enforcement officer acting on behalf of a precinct election officer as criminal trespass, a Class A misdemeanor (Sec. 12-10).

• Establishes a person has been denied entry when the person has been denied entry by means of (Sec. 10-12.c):

• Personal communication, oral or written;

• Posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public;

• A hearing authority or court order; or

• Posting the property by placing identifying purple marks on trees or posts around the area where entry is denied.

• Prohibits a law enforcement officer from denying entry to a property or asking a person to leave a property unless there is reasonable suspicion that criminal activity has occurred or is occurring (Sec. 12-10.e).

Full Bill Text