Indiana § 3-10-12-5 - Voter making affirmation challenged as ineligible; provisional ballot; sufficiency of affidavit

§ 3-10-12-5. Voter making affirmation challenged as ineligible; provisional ballot; sufficiency of affidavit

Sec. 5. If a voter makes an oral or a written affirmation under this chapter and is then challenged under IC 3-10-1 or IC 3-11-8 as ineligible to vote in the precinct, the voter shall be provided with a provisional ballot under IC 3-11.7 rather than a regular official ballot. The oral or written affirmation made under this chapter serves as a sufficient affidavit for the voter to receive a provisional ballot under IC 3-11.7.

As added by P.L.164-2006, SEC.81.

IC 3-11ARTICLE 11. VOTING METHODS, SUPPLIES, AND EQUIPMENT

Ch. 1.Repealed Ch. 1.5.Precincts Ch. 2.General Election Ballot Form for Paper Ballots Ch. 3.Distribution of Ballots and Other Supplies Ch. 4.Eligibility and Application for Absentee Ballot Ch. 4.5.Repealed Ch. 5.Repealed Ch. 6.Voting System Purchase Fund Ch. 6.5.Voting System Improvement Ch. 7.Approval of Ballot Card Voting Systems Ch. 7.5.Approval of Electronic Voting Systems Ch. 8.Voting Procedures Generally Ch. 9.Assistance to Certain Voters Ch. 10.Voting by Absentee Ballot Ch. 11.Voting by Paper Ballot Ch. 12.Repealed Ch. 13.Voting by Ballot Card Voting System Ch. 14.Voting by Electronic Voting System Ch. 14.5.Public Tests of Electronic Voting Systems Ch. 15.Ballot Card and Electronic Voting Systems; Additional Standards and Procedures for Approving System Changes Ch. 16.Voting System Technical Oversight Program Ch. 17.Voting System Violations Ch. 18.Expired Ch. 18.1.Vote Centers

IC 3-11-1Chapter 1. Repealed[Pre-1986 Recodification Citations:

3-11-1-1formerly 3-1-8-2(a)3-11-1-2formerly 3-1-8-83-11-1-3formerly 3-1-8-1(b), (c), (d)3-11-1-4formerly 3-1-8-1(e) part3-11-1-5formerly 3-1-8-1(e) part3-11-1-6formerly 3-1-8-2(b) part3-11-1-7formerly 3-1-8-2(d); 3-1-8-3(a) part3-11-1-8formerly 3-1-8-2(c) part; 3-1-8-3(a) part3-11-1-9formerly 3-1-8-3(b)3-11-1-10formerly 3-1-8-93-11-1-11formerly 3-1-8-2(b) part; 3-1-8-6(a) part3-11-1-12formerly 3-1-8-6(a) part3-11-1-13formerly 3-1-8-6(b)3-11-1-14formerly 3-1-8-6(c)3-11-1-15formerly 3-1-8-6(d)3-11-1-16formerly 3-1-8-5 part3-11-1-17formerly 3-1-8-5 part3-11-1-18formerly 3-1-8-1 part3-11-1-19formerly 3-1-8-1(a) part; 3-1-8-43-11-1-20formerly 3-1-8-1 part.]Repealed by P.L.13-1988, SEC.23.

IC 3-11-1.5Chapter 1.5. Precincts

3-11-1.5-1"Establishing a precinct" defined 3-11-1.5-1.5"GIS" defined 3-11-1.5-2Establishment by county executive 3-11-1.5-3Number of voters per precinct 3-11-1.5-3.1Precinct may not be established after June 30, 2019, with fewer than 600 active voters; exceptions 3-11-1.5-3.2Petition for waiver of limitation on number of voters; expiration 3-11-1.5-3.4Expired 3-11-1.5-3.5Precincts within campuses of universities 3-11-1.5-4Boundaries; arrangement to prevent crossing other boundaries 3-11-1.5-5Boundaries; arrangement to follow other boundaries 3-11-1.5-6Territory not included in established precincts; inclusion in contiguous precinct 3-11-1.5-7Territory included in more than one established precinct 3-11-1.5-8Division of territory not included in established district or included in more than one established district 3-11-1.5-9Visible feature boundaries 3-11-1.5-10Boundaries crossing entity boundaries; population 3-11-1.5-10.5Incorrect census boundaries; precinct boundaries following corrected boundaries 3-11-1.5-10.7Precinct boundary description prevails over conflicting map 3-11-1.5-10.9Interpretation of references to census blocks 3-11-1.5-11Primary, general, and municipal elections; consistent boundaries 3-11-1.5-12Repealed 3-11-1.5-12.1Precinct establishment orders; submission of maps and documentation; electronic submission; review, hearings, and approval; objections; notice 3-11-1.5-13Repealed 3-11-1.5-14Proposed precinct establishment orders; effect of timely and late submissions 3-11-1.5-15Proposed precinct establishment orders; contents 3-11-1.5-15.5Proposed precinct establishment orders; split census blocks 3-11-1.5-16Proposed precinct establishment orders; precinct boundaries following boundaries of other entities 3-11-1.5-17Review and examination of proposed order 3-11-1.5-18Election division authorization for adoption of proposed precinct establishment order; notice; objection; commission hearing 3-11-1.5-18Election division authorization for adoption of proposed precinct establishment order; notice; objection; commission hearing 3-11-1.5-19Proposed precinct establishment order; noncompliance 3-11-1.5-20Amendments to proposed order 3-11-1.5-20.5Exemption from precinct boundary requirements 3-11-1.5-21Resubmission of orders; request for hearing 3-11-1.5-22Issuance of order by county executive 3-11-1.5-23Filing of orders 3-11-1.5-24Effective date of orders; notice 3-11-1.5-25Effective date of orders; restricted periods 3-11-1.5-26Notice of approval 3-11-1.5-27Repealed 3-11-1.5-28Repealed 3-11-1.5-29Repealed 3-11-1.5-30Repealed 3-11-1.5-31Orders; approval by commission; effective date 3-11-1.5-32Repealed 3-11-1.5-32.5Repealed 3-11-1.5-32.7Change of boundaries of political subdivision or election district in a political subdivision does not change precinct boundaries 3-11-1.5-33Municipalities; extended boundaries 3-11-1.5-34Renaming or renumbering precincts 3-11-1.5-35Application of section; precinct establishment order issued by commission 3-11-1.5-36Delegation of responsibilities of county executive 3-11-1.5-37Notice of errors in precinct boundaries in GIS 3-11-1.5-38Expired 3-11-1.5-38.1Precinct boundaries; coordination with 2020 census data; review, errors, and corrections; adoption of new precinct establishment orders

IC 3-11-1.5-1"Establishing a precinct" defined Sec. 1. As used in this chapter, "establishing a precinct" includes the following:

(1) Dividing one (1) precinct into two (2) or more precincts.

(2) Combining two (2) or more precincts into one (1) precinct.

(3) Altering a boundary line dividing two (2) or more precincts.

As added by P.L.13-1988, SEC.1.

IC 3-11-1.5-1.5"GIS" defined Sec. 1.5. As used in this chapter, "GIS" refers to the geographic information system maintained by the office under IC 2-5-1.1-12.2.

As added by P.L.212-2001, SEC.10. Amended by P.L.1-2002, SEC.8.

IC 3-11-1.5-2Establishment by county executive Sec. 2. Each county executive shall establish precincts in the incorporated and unincorporated areas of the county in the manner described in this chapter.

As added by P.L.13-1988, SEC.1.

IC 3-11-1.5-3Number of voters per precinct Sec. 3. (a) Except as provided in:

(1) subsection (b);

(2) subsection (c);

(3) section 3.2 of this chapter; or

(4) section 3.5 of this chapter;

a county executive shall establish precincts so that a precinct contains not more than two thousand (2,000) active voters.

(b) This subsection applies to a precinct that includes:

(1) an entire township, but does not cross a township boundary in violation of section 4 of this chapter;

(2) an entire city legislative body district, but does not cross the boundary of a city legislative body district;

(3) an entire town legislative body district, but does not cross the boundary of a town legislative body district; or

(4) one (1) residential structure containing more than two thousand (2,000) active voters and no other residential structure containing voters.

In changing precincts or establishing new precincts, a county executive shall arrange a precinct so that it will contain not more than two thousand three hundred (2,300) active voters.

(c) A county executive is not required to establish precincts so that a precinct contains not more than two thousand (2,000) active voters if the precinct:

(1) was established by the county executive in compliance with subsection (a) within the preceding forty-eight (48) months; and

(2) contains not more than two thousand two hundred (2,200) active voters.

(d) A county executive is not required to establish precincts so that a precinct contains not more than two thousand (2,000) active voters or two thousand three hundred (2,300) active voters if the precinct is in a county designated as a vote center county.

As added by P.L.13-1988, SEC.1. Amended by P.L.3-1989, SEC.8; P.L.8-1990, SEC.1; P.L.7-1990, SEC.36; P.L.19-1993, SEC.1; P.L.12-1995, SEC.71; P.L.4-1996, SEC.59; P.L.169-2015, SEC.88; P.L.227-2023, SEC.62.

IC 3-11-1.5-3.1Precinct may not be established after June 30, 2019, with fewer than 600 active voters; exceptions Sec. 3.1. (a) Except as provided in subsection (b), a county may not establish a precinct under this chapter so that any precinct has less than six hundred (600) active voters.

(b) A county may establish a precinct having less than six hundred (600) active voters if any of the following apply:

(1) The precinct to be established would consist of an entire:

(A) county commissioner district;

(B) county council district;

(C) township;

(D) city;

(E) town;

(F) city common council district; or

(G) town council district.

(2) Establishing the precinct is required so that a boundary of a governmental entity or election district described in section 4 of this chapter is not crossed.

(3) Establishing a precinct of less than six hundred (600) active voters would avoid establishing a split precinct.

As added by P.L.278-2019, SEC.51. Amended by P.L.108-2021, SEC.3.

IC 3-11-1.5-3.2Petition for waiver of limitation on number of voters; expiration Sec. 3.2. (a) A county executive may file a petition with the election division requesting the commission to waive the requirements imposed by section 3 of this chapter. The petition must:

(1) identify each precinct to be subject to the waiver;

(2) state the number of voters that would be included in each precinct described in subdivision (1) if the waiver is granted; and

(3) state the reasons why the waiver should be granted.

(b) If the commission determines that compliance with the requirements of section 3 of this chapter would result in unnecessary expense and inconvenience for the county, the commission may grant a waiver exempting some or all of the precincts identified in the petition from section 3 of this chapter.

(c) A waiver granted for a precinct under this section expires when the county executive submits a subsequent proposed precinct establishment order for that precinct.

As added by P.L.8-1990, SEC.2. Amended by P.L.2-1996, SEC.126; P.L.3-1997, SEC.241.

IC 3-11-1.5-3.4ExpiredAs added by P.L.64-2014, SEC.39. Expired 1-1-2016 by P.L.64-2014, SEC.39.

IC 3-11-1.5-3.5Precincts within campuses of universities Sec. 3.5. (a) This section does not apply to a precinct located in a county having a consolidated city.

(b) This section applies to a precinct:

(1) that is located wholly or partially within the campus of:

(A) Ball State University;

(B) Indiana State University;

(C) Indiana University;

(D) Purdue University;

(E) The University of Evansville;

(F) The University of Southern Indiana; or

(G) Vincennes University;

with more full-time students enrolled at that campus than are enrolled at any other campus of that university; or

(2) that contains a structure owned by a university described in subdivision (1) that houses more than one hundred (100) students of the university.

(c) A county executive may establish a precinct subject to this section without regard to the number of registered voters permitted under section 3 of this chapter if less than forty percent (40%) of the active voters entitled to vote in the precinct voted in the last primary election.

As added by P.L.5-1989, SEC.43. Amended by P.L.12-1995, SEC.72; P.L.38-1999, SEC.34.

IC 3-11-1.5-4Boundaries; arrangement to prevent crossing other boundaries Sec. 4. A county executive shall establish precincts so that each boundary of each precinct does not cross the boundary of:

(1) the state;

(2) a county;

(3) a township;

(4) a district of the House of Representatives of the Congress of the United States;

(5) a district of the senate of the general assembly; or

(6) a district of the house of representatives of the general assembly.

As added by P.L.13-1988, SEC.1. Amended by P.L.126-2002, SEC.36.

IC 3-11-1.5-5Boundaries; arrangement to follow other boundaries Sec. 5. A county executive shall establish precincts so that each boundary of each precinct follows:

(1) a boundary described in section 4 of this chapter;

(2) a boundary of a city or town;

(3) a boundary of a town legislative body district;

(4) a boundary of a census block established by the Bureau of the Census and depicted in the GIS; or

(5) a boundary of a school corporation that does not follow a census block line.

As added by P.L.13-1988, SEC.1. Amended by P.L.3-1993, SEC.111; P.L.2-1996, SEC.127; P.L.3-1997, SEC.242; P.L.212-2001, SEC.11; P.L.126-2002, SEC.37.

IC 3-11-1.5-6Territory not included in established precincts; inclusion in contiguous precinct Sec. 6. If any territory in any county is not included in one (1) of the precincts established by the county executive under this chapter, that territory is included within the precinct that:

(1) is contiguous to that territory; and

(2) contains the least number of registered voters according to the precinct registration record maintained by the circuit court clerk or the board of registration on the date of the most recent general election.

As added by P.L.13-1988, SEC.1. Amended by P.L.7-1990, SEC.37.

IC 3-11-1.5-7Territory included in more than one established precinct Sec. 7. If any territory in any county is included in more than one (1) of the precincts established by the county executive under this chapter, that territory is included within the precinct that:

(1) is one (1) of the precincts in which that territory is described in the orders issued by the county executive under this chapter;

(2) is contiguous to that territory; and

(3) contains the least number of registered voters according to the precinct registration record maintained by the circuit court clerk or the board of registration as of the date of the most recent general election.

As added by P.L.13-1988, SEC.1. Amended by P.L.7-1990, SEC.38.

IC 3-11-1.5-8Division of territory not included in established district or included in more than one established district Sec. 8. If assigning territory to a precinct under sections 6 through 7 of this chapter would create a precinct that includes territory of more than one (1) of the entities listed in section 4 of this chapter, the territory shall be divided along the boundary of the entities and each part of the territory assigned to a separate precinct in accordance with sections 6 through 7 of this chapter.

As added by P.L.13-1988, SEC.1.

IC 3-11-1.5-9Visible feature boundaries Sec. 9. If a county executive cannot establish a precinct that complies with section 3 of this chapter by using the boundaries permitted under section 5 of this chapter, a county executive may:

(1) establish the precinct by using a boundary following a visible feature, including a highway, railroad, or stream, and an extension of that visible feature if the extension does not cross a visible feature or another extension; or

(2) request an exemption under section 20.5 of this chapter.

As added by P.L.13-1988, SEC.1. Amended by P.L.5-1989, SEC.44.

IC 3-11-1.5-10Boundaries crossing entity boundaries; population Sec. 10. A county executive may establish a precinct that does not comply with section 4 of this chapter if the part of the precinct that crosses the boundary of the entity contains no population. However, if the part of the precinct that crosses the boundary of the entity obtains population, the county executive shall establish a precinct that complies with section 4 of this chapter.

As added by P.L.13-1988, SEC.1. Amended by P.L.5-1989, SEC.45.

IC 3-11-1.5-10.5Incorrect census boundaries; precinct boundaries following corrected boundaries Sec. 10.5. (a) This section applies when the office determines that a boundary depicted on a census block boundary map prepared by the United States Bureau of the Census is in error.

(b) The commission may approve a precinct boundary under this chapter that follows a corrected boundary as determined by the commission. The election division shall record this approval in the minutes of the commission.

(c) The office shall annotate the corrected boundary in the GIS.

As added by P.L.3-1997, SEC.243. Amended by P.L.212-2001, SEC.12.

IC 3-11-1.5-10.7Precinct boundary description prevails over conflicting map Sec. 10.7. If a conflict exists between the map of a precinct and the description of the boundaries of a precinct submitted by a county and approved under this chapter, the precinct boundary is the description of the boundaries of the precinct, rather than the map of the precinct, to the extent of any conflict between the map and the description.

As added by P.L.194-2013, SEC.41; P.L.271-2013, SEC.14.

IC 3-11-1.5-10.9Interpretation of references to census blocks Sec. 10.9. A reference to a census block identified as required by section 15(2) of this chapter in an order described in section 14 of this chapter refers to the census block as it existed on the date of the adoption of the order. A change in a census block issued by the Bureau of the Census following the date of adoption of the order does not alter the precincts established by the order.

As added by P.L.169-2015, SEC.89.

IC 3-11-1.5-11Primary, general, and municipal elections; consistent boundaries Sec. 11. The precincts established for a general or municipal election must be the same as the precincts established for the preceding primary election.

As added by P.L.13-1988, SEC.1. Amended by P.L.108-2021, SEC.4.

IC 3-11-1.5-12RepealedAs added by P.L.13-1988, SEC.1. Amended by P.L.221-2005, SEC.35. Repealed by P.L.108-2021, SEC.5.

IC 3-11-1.5-12.1Precinct establishment orders; submission of maps and documentation; electronic submission; review, hearings, and approval; objections; notice Sec. 12.1. (a) A county election board may submit a proposed precinct establishment order to the election division using a module of the computerized list established under IC 3-7-26.3 in compliance with sections 15, 15.5, and 16 of this chapter as an alternative to the other procedures set forth in sections 14 through 35 of this chapter.

(b) A proposed order under this section must comply with any deadline for submission set by the co-directors under section 14 of this chapter.

(c) The county must submit a map of each proposed precinct and documentation in an electronic format prescribed by the election division, including any digital aerial photograph necessary to depict a split census block, municipal boundary, state legislative district, municipal legislative district, or visible feature. The county must submit the map and the information set forth in sections 15, 15.5, and 16 of this chapter.

(d) The election division shall transmit a copy of the proposed order to the office for technical comments. The election division shall review the comments of the office to determine if the order would comply with this chapter.

(e) The election division shall notify the county of any changes needed for the proposed order to comply with this chapter. The county may submit a revision to the proposed order using the module in the computerized list for further review by the election division and the office or request an exemption from the commission under section 20.5 of this chapter.

(f) The election division may use the module under this chapter to notify the county if the proposed order complies with this chapter. The election division shall also notify the county executive in writing as provided in section 18 of this chapter. The county executive may issue the proposed order and shall file a copy of the proposed order with the election division. The county executive shall give notice of the proposed order under section 18 of this chapter. However, if the election division determines under section 18(g) of this chapter that there is not sufficient time to receive notice of an objection before the next period specified under section 25 of this chapter begins, the election division may request a hearing before the commission. If no objection to the proposed order is filed under section 18 of this chapter, then the order takes effect under section 24 of this chapter without further action by the county executive.

(g) If an objection is filed under section 18 of this chapter, the county executive may not adopt the order unless the commission approves the proposed order under section 18 of this chapter.

(h) The election division shall provide the office with a copy of each final order not later than ten (10) days after the order takes effect.

As added by P.L.108-2021, SEC.6.

IC 3-11-1.5-13RepealedAs added by P.L.13-1988, SEC.1. Repealed by P.L.3-1993, SEC.282.

IC 3-11-1.5-14Proposed precinct establishment orders; effect of timely and late submissions Sec. 14. (a) A county executive must submit a proposed precinct establishment order to the co-directors before the county executive establishes a precinct under this chapter.

(b) To ensure sufficient time for review to determine whether a proposed precinct establishment order complies with this chapter, the co-directors may fix a date and time by which a county executive must submit an order under section 15 of this chapter if the county wishes to have the proposed order take effect before the beginning of the next period specified under section 25 of this chapter. The election division shall notify each county election board of the date fixed under this subsection at least ninety (90) days before the date occurs.

(c) If a county submits an order after the date and time fixed under subsection (b), the co-directors may review the order only after completing the review of orders submitted in compliance with subsection (b).

(d) This subsection applies to an order submitted after the date and time fixed under subsection (b). If the co-directors are unable to determine whether a proposed order complies with this chapter before the beginning of the next period specified under section 25 of this chapter, the co-directors shall complete the review so that, if the proposed order is otherwise approved under this chapter, the order may take effect following the end of the next period specified under section 25 of this chapter.

As added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.38; P.L.164-2006, SEC.82.

IC 3-11-1.5-15Proposed precinct establishment orders; contents Sec. 15. The order described in section 14 of this chapter must include the following:

(1) A map of each precinct to be established by the proposed order. A county may submit maps required by this subdivision in electronic form.

(2) A description of the boundaries of each precinct to be established by the proposed order that identifies any census blocks located entirely within the precinct.

(3) An estimated number of voters in each precinct to be established by the proposed order, based on the registration records maintained by the county voter registration office.

(4) A statement designating a polling place for the precinct that complies with the polling place accessibility requirements adopted under IC 3-11-8.

(5) Any additional information required by rules adopted by the commission under IC 4-22-2.

As added by P.L.13-1988, SEC.1. Amended by P.L.3-1993, SEC.112; P.L.12-1995, SEC.73; P.L.2-1996, SEC.128; P.L.212-2001, SEC.13; P.L.14-2004, SEC.91.

IC 3-11-1.5-15.5Proposed precinct establishment orders; split census blocks Sec. 15.5. If a precinct boundary splits a census block, either of the following must be submitted with the order described in section 14 of this chapter:

(1) A description of the precinct boundary in metes and bounds.

(2) One (1) or more aerial photographs that depict:

(A) each census block that is split; and

(B) the boundary of the precinct that splits each census block.

As added by P.L.225-2011, SEC.50.

IC 3-11-1.5-16Proposed precinct establishment orders; precinct boundaries following boundaries of other entities Sec. 16. (a) If a proposed precinct establishment order includes a legal description of a precinct with a boundary that follows the boundary of a municipality, state legislative district, or municipal legislative district, the order must include the following:

(1) A description in metes and bounds that identifies the boundary as that of a municipality, state legislative district, or municipal legislative district.

(2) A notation on the map of the precinct indicating that the boundary is that of a municipality, state legislative district, or municipal legislative district.

(b) If a proposed precinct establishment order described by section 9 of this chapter includes a legal description of a boundary that follows a visible feature, the order must include a description in metes and bounds or an aerial photograph that identifies the visible feature that forms the boundary.

As added by P.L.13-1988, SEC.1. Amended by P.L.11-1989, SEC.1; P.L.225-2011, SEC.51.

IC 3-11-1.5-17Review and examination of proposed order Sec. 17. (a) The election division shall send a copy of a precinct establishment order:

(1) submitted under section 14 or 30 (repealed) of this chapter; or

(2) resubmitted under section 20 of this chapter;

to the office for comment.

(b) The office shall review the order and may make any technical comments the office considers appropriate.

(c) The co-directors or an employee designated by the co-directors shall examine:

(1) the proposed precinct establishment order; and

(2) the comments of the office;

to determine if the order would establish precincts in compliance with this chapter.

As added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.39; P.L.212-2001, SEC.14; P.L.1-2003, SEC.2.

IC 3-11-1.5-18Election division authorization for adoption of proposed precinct establishment order; notice; objection; commission hearing Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 18. (a) If the election division determines that the proposed precinct establishment order would comply with this chapter, the election division shall issue an order authorizing the county executive to establish the proposed precincts.

(b) The order issued by the election division under subsection (a) must state that the election division finds that the proposed precincts would comply with the standards set forth in this chapter. The election division shall promptly provide a copy of the order to the county executive.

(c) The county executive must give notice of the proposed order to the voters of the county by one (1) publication under IC 5-3-1-4. The notice must state the following:

(1) The name of each existing precinct whose boundaries would be changed by the adoption of the proposed order by the county.

(2) That any registered voter of the county may object to the proposed order by filing a sworn statement with the election division setting forth the voter's specific objections to the proposed order and requesting that a hearing be conducted by the commission under IC 4-21.5.

(3) The mailing address of the election division.

(4) The deadline for filing the objection with the election division under this section.

(d) Except as provided in subsection (g), an objection to a proposed precinct establishment order must be filed not later than noon ten (10) days after the publication of the notice by the county executive.

(e) If an objection is not filed with the election division by the date and time specified under subsection (d), the election division shall promptly notify the county executive. The county executive may proceed immediately to adopt the proposed order.

(f) If an objection is filed with the election division by the date and time specified under subsection (d), the election division shall promptly notify the county executive. The county executive may not adopt the proposed order until the commission conducts a hearing under IC 4-21.5 and determines whether the proposed precincts would comply with the standards set forth in this chapter.

(g) If the co-directors determine that the expiration of the ten (10) day period described in subsection (d) will occur:

(1) after the next period specified under section 25 of this chapter begins; or

(2) without sufficient time for a county or an objector to receive notice of a hearing before the commission concerning an objection before the next period specified under section 25 of this chapter begins;

the co-directors may request a hearing before the commission under section 21 of this chapter, notify the county executive of the request, and publication under subsection (c) is not required.

As added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.40; P.L.3-1997, SEC.244; P.L.221-2005, SEC.36; P.L.164-2006, SEC.83; P.L.278-2019, SEC.52.

IC 3-11-1.5-18Election division authorization for adoption of proposed precinct establishment order; notice; objection; commission hearing Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 18. (a) If the election division determines that the proposed precinct establishment order would comply with this chapter, the election division shall issue an order authorizing the county executive to establish the proposed precincts.

(b) The order issued by the election division under subsection (a) must state that the election division finds that the proposed precincts would comply with the standards set forth in this chapter. The election division shall promptly provide a copy of the order to the county executive.

(c) The county executive must give notice of the proposed order to the voters of the county by one (1) publication under IC 5-3-1-1.5. The notice must state the following:

(1) The name of each existing precinct whose boundaries would be changed by the adoption of the proposed order by the county.

(2) That any registered voter of the county may object to the proposed order by filing a sworn statement with the election division setting forth the voter's specific objections to the proposed order and requesting that a hearing be conducted by the commission under IC 4-21.5.

(3) The mailing address of the election division.

(4) The deadline for filing the objection with the election division under this section.

(d) Except as provided in subsection (g), an objection to a proposed precinct establishment order must be filed not later than noon ten (10) days after the publication of the notice by the county executive.

(e) If an objection is not filed with the election division by the date and time specified under subsection (d), the election division shall promptly notify the county executive. The county executive may proceed immediately to adopt the proposed order.

(f) If an objection is filed with the election division by the date and time specified under subsection (d), the election division shall promptly notify the county executive. The county executive may not adopt the proposed order until the commission conducts a hearing under IC 4-21.5 and determines whether the proposed precincts would comply with the standards set forth in this chapter.

(g) If the co-directors determine that the expiration of the ten (10) day period described in subsection (d) will occur:

(1) after the next period specified under section 25 of this chapter begins; or

(2) without sufficient time for a county or an objector to receive notice of a hearing before the commission concerning an objection before the next period specified under section 25 of this chapter begins;

the co-directors may request a hearing before the commission under section 21 of this chapter, notify the county executive of the request, and publication under subsection (c) is not required.

As added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.40; P.L.3-1997, SEC.244; P.L.221-2005, SEC.36; P.L.164-2006, SEC.83; P.L.278-2019, SEC.52; P.L.157-2026, SEC.1.

IC 3-11-1.5-19Proposed precinct establishment order; noncompliance Sec. 19. If the co-directors or designated employee determines that the proposed precinct establishment order would not comply with this chapter, the co-directors shall advise the county executive specifically how the order would not comply with this chapter. If the co-directors determine that the noncompliance would result from a technical error in a map or legal description included in the proposed order, the co-directors may suggest specific amendments to the map or legal description in the letter accompanying the proposed order.

As added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.41; P.L.3-1997, SEC.245.

IC 3-11-1.5-20Amendments to proposed order Sec. 20. If a county executive is advised that a proposed precinct establishment order does not comply with this chapter, the county executive may:

(1) amend the proposed order so that the precincts may be established in compliance with this chapter; or

(2) request an exemption under section 20.5 of this chapter;

and resubmit the proposed order to the co-directors.

As added by P.L.13-1988, SEC.1. Amended by P.L.5-1989, SEC.46; P.L.3-1993, SEC.113; P.L.8-1995, SEC.42; P.L.3-1997, SEC.246.

IC 3-11-1.5-20.5Exemption from precinct boundary requirements Sec. 20.5. (a) This section applies when:

(1) a county executive is advised that a proposed precinct establishment order does not comply with this chapter; and

(2) the county executive determines that the noncompliance cannot be corrected by the establishment of a precinct that complies with both:

(A) the maximum voter requirement of section 3 of this chapter; and

(B) the precinct boundary requirements of section 5 of this chapter.

(b) The county executive may request the commission to grant an exemption from the precinct boundary requirements of section 5 of this chapter to establish a precinct boundary described by this section.

(c) The commission shall conduct a hearing on the exemption request. If the commission determines that the noncompliance cannot be corrected by the establishment of a precinct that complies with both:

(1) the maximum voter requirement of section 3 of this chapter; and

(2) the precinct boundary requirements of section 5 of this chapter;

the commission shall grant the exemption. However, the commission may not grant an exemption that violates section 4(1), 4(5), 4(6), or 4(7) of this chapter.

(d) If the commission grants the exemption, the county executive shall amend the proposed precinct establishment order described by section 19 of this chapter to establish precinct boundaries:

(1) in accordance with the exemption granted by the commission; and

(2) that comply with all other requirements established by this chapter.

(e) The proposed precinct establishment order described in subsection (d) must include a description in metes and bounds of the boundaries authorized by the exemption granted under this section.

As added by P.L.5-1989, SEC.47. Amended by P.L.8-1995, SEC.43; P.L.3-1997, SEC.247; P.L.212-2001, SEC.15.

IC 3-11-1.5-21Resubmission of orders; request for hearing Sec. 21. (a) If the county executive believes that the proposed order described by section 19 of this chapter complies with this chapter, the county executive may resubmit the order to the co-directors and request a hearing before the commission.

(b) The co-directors may request a hearing before the commission under section 18(g) of this chapter.

(c) The hearing under this section shall be conducted in accordance with IC 4-21.5.

(d) If the commission determines that the proposed precinct establishment order complies with this chapter, the co-directors shall advise the county executive that the order complies with this chapter and may be issued by the county executive.

As added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.44; P.L.3-1997, SEC.248; P.L.164-2006, SEC.84.

IC 3-11-1.5-22Issuance of order by county executive Sec. 22. When a county executive receives a proposed order approved by:

(1) the election division; or

(2) the commission under section 18(f) of this chapter, the county executive may issue the order.

As added by P.L.13-1988, SEC.1. Amended by P.L.3-1997, SEC.249; P.L.221-2005, SEC.37.

IC 3-11-1.5-23Filing of orders Sec. 23. (a) The county executive shall file a copy of the order issued under section 22 of this chapter with the co-directors not later than seven (7) days after its issuance.

(b) The co-directors shall send a copy of the order to the office not later than seven (7) days after the co-directors receive the order.

As added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.45; P.L.212-2001, SEC.16.

IC 3-11-1.5-24Effective date of orders; notice Sec. 24. (a) The precinct establishment order becomes effective on the first date permitted under section 25 of this chapter.

(b) The office shall notify the co-directors of the date the new precinct boundaries were entered into the GIS not later than seven (7) days after the new precinct boundaries are entered into the GIS.

As added by P.L.13-1988, SEC.1. Amended by P.L.2-1996, SEC.129; P.L.3-1997, SEC.250; P.L.212-2001, SEC.17.

IC 3-11-1.5-25Effective date of orders; restricted periods Sec. 25. A precinct establishment order may not become effective during the following periods:

(1) In a year in which a general election is held, the period beginning on the first day that a declaration of candidacy may be filed under IC 3-8-2-4 and ending the day following general election day.

(2) For precincts located wholly or partially within a municipality, after January 31 and before the day following municipal election day, in a year in which a municipal election is held.

As added by P.L.13-1988, SEC.1. Amended by P.L.3-1997, SEC.251; P.L.212-2001, SEC.18.

IC 3-11-1.5-26Notice of approval Sec. 26. The co-directors shall promptly notify the county executive of:

(1) the approval of a precinct establishment order by the commission; and

(2) the date the order becomes effective.

The co-directors shall provide one (1) copy of the approved order to the county executive.

As added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.46.

IC 3-11-1.5-27RepealedAs added by P.L.13-1988, SEC.1. Amended by P.L.3-1997, SEC.252; P.L.221-2005, SEC.38; P.L.164-2006, SEC.85. Repealed by P.L.278-2019, SEC.53.

IC 3-11-1.5-28RepealedAs added by P.L.13-1988, SEC.1. Amended by P.L.10-1992, SEC.21; P.L.12-1995, SEC.74; P.L.2-1996, SEC.130. Repealed by P.L.278-2019, SEC.54.

IC 3-11-1.5-29RepealedAs added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.47; P.L.164-2006, SEC.86. Repealed by P.L.278-2019, SEC.55.

IC 3-11-1.5-30RepealedAs added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.48; P.L.3-1997, SEC.253. Repealed by P.L.126-2002, SEC.92.

IC 3-11-1.5-31Orders; approval by commission; effective date Sec. 31. (a) This section applies to a proposed precinct establishment order that requires that a hearing by the commission be conducted under this chapter.

(b) After the election division has reviewed the proposed precinct establishment order, and the order has been revised, if necessary, to comply with this chapter, the commission shall:

(1) approve a proposed precinct establishment order under this section not later than the following January 31; and

(2) order that the precinct establishment order takes effect January 31 of the year in which the municipal election will be held.

As added by P.L.13-1988, SEC.1. Amended by P.L.1-1990, SEC.7; P.L.8-1992, SEC.14; P.L.8-1995, SEC.49; P.L.3-1997, SEC.254; P.L.126-2002, SEC.38; P.L.221-2005, SEC.39.

IC 3-11-1.5-32RepealedAs added by P.L.13-1988, SEC.1. Amended by P.L.5-1989, SEC.48; P.L.7-1990, SEC.39. Repealed by P.L.169-2022, SEC.3.

IC 3-11-1.5-32.5RepealedAs added by P.L.6-1994, SEC.1. Amended by P.L.170-2002, SEC.8. Repealed by P.L.227-2023, SEC.63.

IC 3-11-1.5-32.7Change of boundaries of political subdivision or election district in a political subdivision does not change precinct boundaries Sec. 32.7. (a) A precinct boundary does not change automatically whenever either of the following occurs:

(1) The boundaries of a political subdivision change as the result of annexation or disannexation of territory.

(2) The boundaries of an election district within a political subdivision are changed by the political subdivision.

(b) A precinct boundary may be changed only as provided in this chapter.

As added by P.L.74-2017, SEC.45.

IC 3-11-1.5-33Municipalities; extended boundaries Sec. 33. (a) If the boundaries of a municipality are extended before a municipal primary election or a municipal election, and the territory within those boundaries has not been included in precincts wholly within the municipality, the voters within the extended boundaries may vote, if otherwise qualified, in the municipal primary election or municipal election.

(b) The voters may vote in the precinct in which they have their residence as if the precinct had been established to include them in a precinct wholly within the municipality. These votes shall be counted and included in the canvass of the votes cast in the municipal primary election or municipal election.

As added by P.L.13-1988, SEC.1. Amended by P.L.8-1992, SEC.15; P.L.14-2004, SEC.92.

IC 3-11-1.5-34Renaming or renumbering precincts Sec. 34. (a) A county executive may issue an order to rename or renumber precincts without establishing new precinct boundaries. An order issued under this section becomes effective when it is filed with the co-directors.

(b) The co-directors shall send a copy of the order to the office.

As added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.50; P.L.212-2001, SEC.19.

IC 3-11-1.5-35Application of section; precinct establishment order issued by commission Sec. 35. (a) This section applies to a county that has a precinct that crosses a boundary in violation of section 4(4), 4(5), or 4(6) of this chapter.

(b) Notwithstanding section 25 of this chapter, if the county does not issue a precinct establishment order that establishes precincts in compliance with section 4(4), 4(5), and 4(6) of this chapter by the January 31 following the last effective date described in section 25(2) of this chapter, the commission may issue an order establishing precincts as provided under subsection (c).

(c) An order issued by the commission under this section must comply with section 4(4), 4(5), and 4(6) of this chapter.

(d) The co-directors shall send a copy of the commission's order to the office.

As added by P.L.8-1992, SEC.16. Amended by P.L.2-1996, SEC.131; P.L.1-1999, SEC.1; P.L.212-2001, SEC.20; P.L.37-2002, SEC.14; P.L.2-2005, SEC.3.

IC 3-11-1.5-36Delegation of responsibilities of county executive Sec. 36. The county executive may adopt an order to delegate some or all of the county executive's responsibilities under this chapter to the county election board. The order may not take effect until a copy of the order has been filed with the election division.

As added by P.L.3-1993, SEC.114. Amended by P.L.2-1996, SEC.132; P.L.3-1997, SEC.255.

IC 3-11-1.5-37Notice of errors in precinct boundaries in GIS Sec. 37. (a) The co-directors shall notify the office of any errors found in the precinct boundaries depicted in the GIS.

(b) The office and the co-directors shall cooperate to resolve any errors found in the GIS.

As added by P.L.212-2001, SEC.21.

IC 3-11-1.5-38ExpiredExpired 12-31-2014 by P.L.214-2011, SEC.13.

IC 3-11-1.5-38.1Precinct boundaries; coordination with 2020 census data; review, errors, and corrections; adoption of new precinct establishment orders Sec. 38.1. (a) This section applies to the boundaries of a precinct as established before January 1, 2021.

(b) As used in this chapter, "federal decennial census" has the meaning set forth in IC 1-1-3.5-2(a).

(c) The office shall file with the election division the following information for a precinct described in subsection (a):

(1) A list of the census blocks comprising the voting tabulation districts used by the United States Department of Commerce, Bureau of the Census, in reporting the 2020 federal decennial census of Indiana, as supplemented by the office.

(2) A file in a format prescribed by the election division depicting the boundaries of the precinct as shown by maps included in the GIS.

(d) After a filing occurs under subsection (c), the election division shall immediately notify the county executive and the county election board (or the board of elections and registration) of the county in which the precinct is located.

(e) Not later than thirty (30) days after the date of the notice described in subsection (d), the county executive shall notify the election division if the filing described in subsection (c) contains errors or is otherwise incorrect or incomplete. The notice must state one (1) of the following:

(1) The county executive will submit to the election division, not later than January 1, 2022, additional information for or corrections to the filing, which will become the precinct boundaries for the county for purposes of an election conducted after January 1, 2022, and until a new precinct establishment order for the county is adopted as provided in this chapter.

(2) The county executive will adopt a new precinct establishment order for the county as provided in this chapter.

(f) The election division shall provide the office with the additional information and corrections submitted by a county executive under subsection (e)(1), and the office shall add the additional information and corrections to the GIS.

(g) If a county executive does not file a notice under subsection (e), the following apply:

(1) The precinct descriptions filed by the office under subsection (c) become the precinct boundaries for the county for purposes of an election conducted after January 1, 2022, and until a new precinct establishment order for the county is adopted as provided in this chapter.

(2) A registered voter of the county may not file an objection under section 18 of this chapter to the precinct descriptions filed by the office under subsection (c).

(h) This subsection applies to an order to establish precinct boundaries approved under this chapter before January 1, 2021. Not later than January 1, 2022, the county executive shall do the following:

(1) Correct any precinct boundaries that contain incorrect information as the result of the enactment of any of the following:

(A) The 2021 Indiana congressional district plan.

(B) The 2021 senate district plan.

(C) The 2021 house district plan.

(2) File with the election division any corrections as described in subdivision (1) on a form prescribed by the election division or through the module on the computerized list established under IC 3-7-26.3 as described in section 12.1 of this chapter.

(i) This section does not prohibit the establishment of precincts in a county using a precinct establishment order as provided in this chapter.

(j) In addition to precinct boundaries, the name of a precinct as included in the federal decennial census data becomes the official name of the precinct.

As added by P.L.108-2021, SEC.7. Amended by P.L.227-2023, SEC.64.

IC 3-11-2Chapter 2. General Election Ballot Form for Paper Ballots

3-11-2-0.5Applicability 3-11-2-1Repealed 3-11-2-2Repealed 3-11-2-2.1All candidates and public questions in election districts in county on ballot; notice of inspection of ballot proofs 3-11-2-3Requirements of size, quality and color, and thickness; precinct designation 3-11-2-4Repealed 3-11-2-5Name and device; listing of nominees 3-11-2-6Name and device; order; political party; write-in voting 3-11-2-7Cautionary statement 3-11-2-8Instructions; form, location, and contents; exception 3-11-2-9Political party devices 3-11-2-9Political party devices 3-11-2-10Arrangement of ballot 3-11-2-10Arrangement of ballot 3-11-2-10.1Retention of Marion County superior court judges 3-11-2-11Repealed 3-11-2-11.5Names of write-in candidates not printed on ballot 3-11-2-12Ballot order of offices 3-11-2-12.2Order of districts on ballot 3-11-2-12.3Arrangement of ballot so that all candidates for the same office appear on the same ballot page or screen 3-11-2-12.4Election of more than one candidate to an office; placement of office on ballot; required instruction 3-11-2-12.4Election of more than one candidate to an office; placement of office on ballot; required instruction 3-11-2-12.5Ballot order; alternative order of county offices 3-11-2-12.7Ballot order; candidates for at-large seats on fiscal or legislative body of political subdivision 3-11-2-12.8Repealed 3-11-2-12.9Ballot order; school board offices 3-11-2-12.9Ballot order; school board offices 3-11-2-13Ballot order; retention of justice or appellate judge 3-11-2-14Ballot order; other judicial offices 3-11-2-14.5Ballot order; candidates for at-large seats on governing body of school corporation 3-11-2-15Form of public question 3-11-2-16Errors or omissions in ballot; determination by election board; reprint or use of defective ballot