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F I S C A L I M P A C T R E P O R T

SPONSOR Morales

ORIGINAL DATE

LAST UPDATED

1/19/08

HB

SHORT TITLE Eliminate Election Use of SS Numbers

SB 81

ANALYST Ortiz

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

NFI

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office (AGO)

Association of County Clerks (ACC)

Secretary of State (SOS)

SUMMARY

Synopsis of Bill

Senate Bill 81 eliminates the use of voters’ social security numbers on certain election-related

documents; changes certain election code terminology, the definition of “required voter identifi-

cation", and requirements for certain absentee ballot materials.

The specifics of the bill are listed below.

Section 1:

amends Section 1-1-24 so that a voter identification card is no longer a permissible

form of Voter ID. The bill would now allow an in-person voter to satisfy the Voter ID require-

ment by stating his name, address as registered, and year of birth. S/he no longer has to state

her/his unique identifier number.

Section 2:

amends Section 1-4-5 to make clear that election officials, in their official capacity,

may copy or use a voter’s social security number.

Sections 3, 4 and 8:

amends Section 1-5-7, -8, 1-12-7.1 to delete the use of “precinct voter lists",

provide for the use of “checklist of voters" and prohibit “signature rosters" from having the

voter’s social security number. Amends Section 1-5-8 and 1-12-7.1 to require the county clerk

to place an alphabetical listing of voters in each precinct and have posted inside the polling place

for public use. The list shall not contain voter addresses, years of birth, unique identifiers or so-

Senate Bill 81 – Page

2

cial security numbers.

Sections 5, 6 and 7:

amends Sections 1-6-4, -8, -9 so an absentee voter can satisfy the Voter ID

requirement by writing her/his name, address as registered, and year of birth on the absentee bal-

lot envelope flap. S/he no longer has to write her/his unique identifier number.

Section 9:

amends Section 1-12-25.3 so a provisional voter does not have to list his social secu-

rity number on the outer envelope of a provisional ballot.

Finally, this bill does not prohibit the use of a social security numbers for voter registration pur-

poses.

SIGNIFICANT ISSUES

The Association of County Clerks explains that this bill fixes a problem that was created last

year when the legislature banned the use of the last four digits of the SSN for the voter to iden-

tify themselves at the polls. The existing law permits a voter to provide physical ID or state his

name, year of birth and unique identifier. In 2007, the legislature changed the definition of

“unique identifier" from the voter’s last four social security numbers to a randomly generated

series of numbers and letters, issued to the voter by the Secretary of State’s office. This means

an in-person voter must satisfy voter ID requirements by either showing physical ID or stating

his name, year of birth, and assigned number/symbol. It is unlikely a voter will remember his

unique identifier (i.e. 8&45TRGHI*5) and therefore it is likely that many voters will have to

show physical Voter ID in order to be eligible to cast a valid ballot. There will be a terrible ef-

fect on absentee voting if this is not corrected, because county clerks can’t just give out this in-

formation over the phone, so people won’t know what this 6 or 7 digit number is unless they

have their voter card in a handy place. ACC encourages passage of this bill and it made effective

before the election. This bill will now allow an in-person voter to state his name, year of birth,

and address as registered to satisfy the Voter ID requirement and an absentee voter to write his

name, year of birth, and address as registered on the absentee ballot envelope flap to satisfy the

Voter ID requirement.

The AGO adds that the propriety of requiring physical Voter ID to vote is subject to pending liti-

gation in the United States Supreme Court. See Crawford v. Marion County Election Board and

Indiana Democratic Party v. Rokita.

TECHNICAL ISSUES

There is still a reference to a voter using a social security number as part of casting ballots in the

Municipal Election Code in Section 3-9-4(F).

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Possible problems in confirming voter identification, which could delay or disenfranchise voters.

EO/nt