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2018 Op. Ind. Att'y Gen. 1 (2018)

handle is hein.sag/sagin0135 and id is 1 raw text is: 





   OFFICE  OF THE ATTORNEY  GENERAL
302 WEST WAASIoINGON Smritu, iGCS 5ni Fioonx
        INDIANAPOLIS, INDIANA 46204


Cultris T. HILL, .1,
ArroRNEY GSNEIRAL


January 23, 2018


OFFICIAL   OPINION 2018-1


The Honorable Connie Lawson
Indiana Secretary of State
Indiana State House, Room 201
200 West Washington  Street
Indianapolis, IN 46204

RE:  The Constitutionality of 2018 Indiana Senate Bill 155

Dear Secretary Lawson:

       You have requested an opinion on the constitutionality of Senate Bill 155, a
proposed law which has been introduced by Senator Greg Walker in the current session
of the General Assembly.

                           REQUESTOR STANDING

       Ind. Code § 4-6-2-5 contemplates that a state officer may request an official
opinion of the Attorney General touching upon any question or point of law concerning
the duties of the officer. The question presented pertains to a provision of election law,
and The secretary of state shall perform all ministerial duties related to the
administration of elections by the state. Ind. Code § 3-6-4.2-2(a). The manner in which
elections are conducted, therefore, is an issue within the jurisdiction of the Office of the
Indiana Secretary of State, at whose request this opinion is rendered.

                            QUESTION PRESENTED

       May the General Assembly enact legislation that would allow the absentee ballot
of a person who dies before election day to be counted on election day?






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