Indiana § 3-10-4-9 - Voting procedure; marking ballots; examination of ballots by secretary of state; consistency of ballots with pledge; vacating office of elector; counting and recording ballots

§ 3-10-4-9. Voting procedure; marking ballots; examination of ballots by secretary of state; consistency of ballots with pledge; vacating office of elector; counting and recording ballots

Sec. 9. (a) The presidential electors, when assembled and after vacancies are filled, shall then vote by paper ballot for President and Vice President of the United States and perform the duties imposed upon them by the Constitution and statutes of the United States and of Indiana.

(b) Each presidential elector shall mark the presidential elector's presidential and vice-presidential ballots with the presidential elector's votes for the offices of President and Vice President, respectively, along with the presidential elector's signature and the presidential elector's legibly printed name.

(c) Except as otherwise provided by Indiana law other than this chapter, each presidential elector shall present both completed ballots to the secretary of state, who shall examine the ballots and accept as cast all ballots of presidential electors whose votes are consistent with the presidential electors' pledges executed under section 1.7 or 8(c) of this chapter. Except as otherwise provided by Indiana law other than this chapter, the secretary of state may not accept and may not count either a presidential elector's presidential or vice-presidential ballot if the presidential elector has not marked both ballots or has marked a ballot in violation of the presidential elector's pledge.

(d) A presidential elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the presidential elector's pledge executed under section 1.7 or 8(c) of this chapter, vacates the office of presidential elector. The vacant presidential elector office shall be filled as provided in section 8 of this chapter.

(e) The secretary of state shall distribute ballots to and collect ballots from an alternate presidential elector and repeat the process under this section of examining ballots, declaring vacant offices as required, and recording appropriately completed ballots from the alternate presidential electors, until all of Indiana's electoral votes have been cast and recorded.

[Pre-1986 Recodification Citation: 3-1-12-7.]

As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.177; P.L.201-2017, SEC.21.