LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 7319 NOTE PREPARED: Jan 3, 2021
BILL NUMBER: HB 1477 BILL AMENDED:
SUBJECT: Processing Absentee Ballots.
FIRST AUTHOR: Rep. Engleman BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: X GENERAL IMPACT: State & Local
X DEDICATED
FEDERAL
Summary of Legislation: The bill provides that absentee ballots may be scanned, but not tabulated, before
election day. The bill provides that a person who knowingly provides any other person with information
concerning the number of votes a candidate received for an office or cast to approve or reject a public
question on absentee ballots under the statute permitting scanning of absentee ballots before the closing of
the polls commits a Level 6 felony. The bill provides that every county may use machines instead of absentee
ballot counters to open absentee ballot envelopes. (Currently such use of machines is permitted only in
Marion County.)
Effective Date: July 1, 2021.
Explanation of State Expenditures: Election Division– The Election Division would likely have a minor
increase in workload in order to prescribe the procedures for scanning in absentee ballots prior to election
day. It is likely the Election Division could accomplish the provision within their existing level of resources.
Penalty Provision: The bill would expand an existing Level 6 felony for knowing disclosure of candidate
vote totals prior to the closing of the polls. A Level 6 felony is punishable by a prison term ranging from 6
to 30 months, with an advisory sentence of 1 year. However, it is unlikely that any violations of this provision
would result in additional commitments to a Department of Correction facility.
Explanation of State Revenues: Penalty Provision: If additional court cases occur and fines are collected,
revenue to both the Common School Fund (from criminal fines) and the state General Fund (from court fees)
would increase. The maximum fine for a Level 6 felony is $10,000. However, any additional revenues would
likely be small.
HB 1477 1
Explanation of Local Expenditures: Scanning of Ballots– Local election authorities may have an increased
workload prior to election day to scan in absentee ballots and store on a storage device. However, it is likely
this provision would reduce the workload on local election authorities on election day and provide a quicker
tabulation of election results after voting on election day ends. Only county election boards that vote
unanimously to adopt this provision would be subject to scanning absentee ballots prior to election day.
Penalty Provision: If more defendants are detained in county jails prior to their court hearings, local
expenditures for jail operations may increase. However, any additional expenditures would likely be small.
Explanation of Local Revenues: Penalty Provision: If additional court actions occur and a guilty verdict
is entered, local governments would receive revenue from court fees. However, the amounts would likely
be small.
State Agencies Affected: Election Division.
Local Agencies Affected: Trial courts, local law enforcement agencies, county election boards, circuit court
clerks.
Information Sources:
Fiscal Analyst: Chris Baker, 317-232-9851.
HB 1477 2


Statutes affected:
1. Introduced House Bill (H): 3-11-10-1, 3-11.5-4-6, 3-11.5-4-12.5, 3-14-4-10