Indiana § 3-11-17-9 - Anomaly reports confidential; exception

Full text of Indiana Indiana Code § 3-11-17-9 — Anomaly reports confidential; exception, with citation guidance and answers to common questions.

§ 3-11-17-9. Anomaly reports confidential; exception

Sec. 9. An anomaly report is confidential except at the discretion of the secretary of state and the election division under IC 5-14-3-4(b)(10).

As added by P.L.193-2021, SEC.67.

IC 3-11-18Chapter 18. ExpiredExpired 12-31-2010 by P.L.108-2008, SEC.3.

IC 3-11-18.1Chapter 18.1. Vote Centers

3-11-18.1-1Application of chapter; pilot counties automatically redesignated 3-11-18.1-2"Active voter" 3-11-18.1-3Designation of county as vote center county; adoption of vote center order and plan 3-11-18.1-4Vote center plan; requirements 3-11-18.1-5Use of vote centers; exceptions 3-11-18.1-6Number of vote centers required; number required for a special election 3-11-18.1-7Designation of vote center county; criteria 3-11-18.1-8Effective date of designation; rescission of designation 3-11-18.1-9Notice of vote center locations 3-11-18.1-10Administration of election according to laws and plan 3-11-18.1-11Casting absentee ballots at vote centers located at satellite offices 3-11-18.1-12Electronic poll books at vote centers; application for certification; examination by VSTOP; report; approval of certification; expiration of certification; display or demonstration of uncertified electronic poll book 3-11-18.1-13Voter right to cast vote at any vote center in county 3-11-18.1-14Separation of ballots at vote center by precinct; exception for Marion County; reports of anomaly with poll book 3-11-18.1-14.5Repealed 3-11-18.1-15Amendment of county vote center plan

IC 3-11-18.1-1Application of chapter; pilot counties automatically redesignated Sec. 1. (a) This chapter applies to a county designated as a vote center county under this chapter.

(b) On January 1, 2011, a county designated as a vote center pilot county under:

(1) IC 3-11-18 (before its expiration);

(2) P.L.164-2006, SECTION 148 (before its expiration); or

(3) P.L.108-2008, SECTION 4 (before its expiration);

is automatically redesignated as a vote center county under this chapter.

As added by P.L.1-2011, SEC.3.

IC 3-11-18.1-2"Active voter" Sec. 2. As used in this chapter, "active voter" means a voter who is not an inactive voter under IC 3-7-38.2.

As added by P.L.1-2011, SEC.3.

IC 3-11-18.1-3Designation of county as vote center county; adoption of vote center order and plan Sec. 3. (a) A county must comply with this section to become a vote center county.

(b) As used in this section, "board" refers to any of the following:

(1) The county election board.

(2) The board of elections and registration.

(d) After presentation of the draft plan under subsection (c), the board shall accept written public comments on the draft plan.

(e) At least thirty (30) days after the hearing held under subsection (c), the board shall hold a public hearing to consider the following:

(1) The draft plan.

(2) The written public comments.

(3) Any other public comment that the board may permit on the draft plan.

(f) After consideration of the draft plan and the public comments, the board may do the following:

(1) Adopt an order approving the draft plan.

(2) Amend the draft plan and adopt an order approving the amended draft plan.

The board may adopt the order to approve a plan only by unanimous vote of the entire membership of the board.

(g) All members of the board must sign the order adopting the plan.

(h) The order and the adopted plan must be filed with the election division and must include a copy of:

(1) a resolution adopted by the county executive; and

(2) a resolution adopted by the county fiscal body;

approving the designation of the county as a vote center county.

As added by P.L.1-2011, SEC.3. Amended by P.L.170-2019, SEC.14.

IC 3-11-18.1-4Vote center plan; requirements Sec. 4. The plan required by section 3 of this chapter must include at least the following:

(1) The total number of vote centers to be established.

(2) The location of each vote center.

(3) The effective date of the order.

(4) The following information according to the computerized list (as defined in IC 3-7-26.3-2) as of the date of the order:

(A) The total number of voters within the county.

(B) The number of active voters within the county.

(5) For each vote center designated under subdivision (2), the number of precinct election boards that will be appointed to administer an election at the vote center.

(6) For each precinct election board designated under subdivision (5), the number and name of each precinct the precinct election board will administer consistent with section 13 of this chapter for an election that is not being held in each precinct of the county.

(7) For each vote center designated under subdivision (2), the number and title of the precinct election officers who will be appointed to serve at the vote center.

(8) For each vote center designated under subdivision (2):

(A) the number and type of ballot variations that will be provided at the vote center; and

(B) whether these ballots will be:

(i) delivered to the vote center before the opening of the polls; or

(ii) printed on demand for a voter's use.

(9) A detailed description of any hardware, firmware, or software used:

(A) to create an electronic poll list for each precinct whose polls are to be located at a vote center; or

(B) to manage data in an electronic poll book through a secure electronic connection between the county election board and the precinct election officials administering a vote center.

(10) A description of the equipment and procedures to be used to ensure that information concerning a voter entered into any electronic poll book used by precinct election officers at a vote center is immediately accessible to:

(A) the county election board; and

(B) the electronic poll books used by precinct election officers at all other vote centers in the county.

(11) This subdivision applies to a county in which ballot cards are used at a vote center. For each vote center designated under subdivision (2), whether each ballot card printed will have the printed initials of the poll clerks captured through the electronic signature pad or tablet at the time the poll clerks log into the electronic poll book system printed on the back of the ballot card immediately before the ballot card is delivered to a voter.

(12) The security and contingency plans to be implemented by the county to do all of the following:

(A) Prevent a disruption of the vote center process.

(B) Ensure that the election is properly conducted if a disruption occurs.

(C) Prevent access to an electronic poll book without the coordinated action of two (2) precinct election officers who are not members of the same political party.

(13) A certification that the vote center complies with the accessibility requirements applicable to polling places under IC 3-11-8.

(14) A sketch depicting the planned layout of the vote center, indicating the location of:

(A) equipment; and

(B) precinct election officers;

within the vote center.

(15) The total number and locations of satellite offices to be established under IC 3-11-10-26.3 at vote center locations designated under subdivision (2) to allow voters to cast absentee ballots in accordance with IC 3-11. However, a plan must provide for at least one (1) vote center to be established as a satellite office under IC 3-11-10-26.3 on the two (2) Saturdays immediately preceding an election day.

(16) The method and timing of providing voter data to persons who are entitled to receive the data under this title. Data shall be provided to all persons entitled to the data without unreasonable delay.

(17) In a county in which a majority of votes are cast on optical scan ballot cards, any additional procedures to provide for efficient and secure voting at each vote center, including ballot on demand printing.

As added by P.L.1-2011, SEC.3. Amended by P.L.225-2011, SEC.69; P.L.258-2013, SEC.81; P.L.55-2014, SEC.9; P.L.64-2014, SEC.59; P.L.76-2014, SEC.44; P.L.278-2019, SEC.115.

IC 3-11-18.1-5Use of vote centers; exceptions Sec. 5. (a) Except as provided in subsections (b) and (c), a plan must provide a vote center for use by voters residing within the county for use in a primary election, general election, special election, municipal primary, or municipal election conducted on or after the effective date of the county election board's order.

(b) A plan may provide that a vote center will not be used in a municipal election conducted in 2023, 2027, 2031, 2035, 2039, 2043, and every four (4) years thereafter for some or all of the towns:

(1) located within the county; and

(2) having a population of less than three thousand five hundred (3,500).

(c) This section does not apply in a town that has established a town election board under IC 3-10-7-5.7 while the resolution established under IC 3-10-7-5.7 is in effect.

As added by P.L.1-2011, SEC.3. Amended by P.L.64-2014, SEC.60; P.L.201-2017, SEC.31; P.L.278-2019, SEC.116; P.L.193-2021, SEC.68; P.L.141-2023, SEC.17.

IC 3-11-18.1-6Number of vote centers required; number required for a special election Sec. 6. (a) Except as provided in subsection (b), when the total number of active voters in the county equals at least twenty-five thousand (25,000), the following apply:

(1) The plan must provide for at least one (1) vote center for each ten thousand (10,000) active voters.

(2) In addition to the vote centers designated in subdivision (1), the plan must provide for a vote center for any fraction of ten thousand (10,000) active voters.

(b) When a county conducts a special election described in IC 3-10-8-1 that is conducted in only part of a county and not on the same date as a primary, general, or municipal election held in the county, the following apply:

(1) The plan must provide for at least one (1) vote center.

(2) If the election district for the special election contains at least ten thousand (10,000) active voters, the following apply:

(A) The plan must provide for at least one (1) vote center for each ten thousand (10,000) active voters in the election district.

(B) In addition to the vote centers required in clause (A), the plan must provide for a voter center for any fraction of ten thousand (10,000) active voters in the election district.

As added by P.L.1-2011, SEC.3. Amended by P.L.201-2017, SEC.32.

IC 3-11-18.1-7Designation of vote center county; criteria Sec. 7. Before adopting an order designating a county as a vote center county under this chapter, the county election board must determine the following:

(1) That the secure electronic connection as described under section 4(9)(B) of this chapter is sufficient to prevent:

(A) any voter from voting more than once; and

(B) unauthorized access by any person to:

(i) the electronic poll lists for a precinct whose polls are to be located at the vote center; or

(ii) the computerized list of voters of the county.

(2) That the planned design and location of the equipment and precinct officers will provide the most efficient access for:

(A) voters to enter the polls, cast their ballots, and leave the vote center; and

(B) precinct election officials, watchers, challengers, and pollbook holders to exercise their rights and perform their duties within the vote center.

As added by P.L.1-2011, SEC.3. Amended by P.L.278-2019, SEC.117.

IC 3-11-18.1-8Effective date of designation; rescission of designation Sec. 8. (a) Except as provided in subsection (b), the designation of a county as a vote center county takes effect immediately upon the filing of the order with the election division, unless otherwise specified by the county election board.

(b) An order filed with the election division during the final sixty (60) days before an election becomes effective on the day following the election.

(c) The designation of a county as a vote center county remains in effect until the county election board, by unanimous vote of its entire membership:

(1) rescinds the order designating the county as a vote center county; and

(2) files a copy of the document rescinding the order with the election division.

As added by P.L.1-2011, SEC.3. Amended by P.L.258-2013, SEC.82.

IC 3-11-18.1-9Notice of vote center locations Sec. 9. The county election board shall publish notice of the location of each vote center in accordance with IC 3-11-8-3.2.

As added by P.L.1-2011, SEC.3. Amended by P.L.227-2023, SEC.111.

IC 3-11-18.1-10Administration of election according to laws and plan Sec. 10. Except as otherwise provided by this chapter, the county shall administer an election conducted at a vote center in accordance with federal law, this title, and the plan adopted with the county election board's order under section 3 of this chapter.

As added by P.L.1-2011, SEC.3. Amended by P.L.225-2011, SEC.70.

IC 3-11-18.1-11Casting absentee ballots at vote centers located at satellite offices Sec. 11. Notwithstanding any other law, a voter who resides in a vote center county is entitled to cast an absentee ballot at a vote center located at a satellite office of the county election board established under IC 3-11-10-26.3 in the same manner and subject to the same restrictions applicable to a voter wishing to cast an absentee ballot before an absentee board located in the office of the circuit court clerk or board of elections and registration.

As added by P.L.1-2011, SEC.3.

IC 3-11-18.1-12Electronic poll books at vote centers; application for certification; examination by VSTOP; report; approval of certification; expiration of certification; display or demonstration of uncertified electronic poll book Sec. 12. (a) Notwithstanding section 1 of this chapter, this section applies to an electronic poll book to be used in:

(1) a precinct polling place, office of the circuit court clerk, or a satellite office in accordance with IC 3-7-29-6; or

(2) a vote center under this chapter.

(b) Notwithstanding any other law, the electronic poll book used must satisfy all of the following:

(1) The electronic poll book must comply with IC 3-11-8-10.3.

(2) The electronic poll book must be approved by the secretary of state in accordance with this section.

(3) Except with prior written authorization by the VSTOP, the electronic poll book must have been delivered to the county election board not less than sixty (60) days before an election at which the electronic poll book is used.

(c) A person who wishes to market, sell, lease, or provide an electronic poll book for use in an election in Indiana must first file an application for certification with the election division on a form prescribed by the secretary of state. Except as provided in subsection (i), a person may not market, sell, lease, or provide an electronic poll book for use in an election in Indiana until the secretary of state has approved the application for certification under this section. The application must state that the vendor has complied, and will continue to comply, with subsection (d) following certification of the electronic poll book. Each application for certification of an electronic poll book must be accompanied by a fee of one thousand five hundred dollars ($1,500). However, this fee does not apply to an application for a de minimis change. All fees collected under this section shall be deposited with the treasurer of state in the voting system technical oversight program account established by IC 3-11-17-6.

(d) The person seeking certification of an electronic poll book shall conduct a background check at least once each year on each individual employed or contracted by the vendor who has access to the electronic poll book to determine if the individual has been convicted of a felony. An individual described by this subsection who has been convicted of a felony may not have access to an electronic poll book in the individual's capacity as an employee or contractor of the vendor.

(e) The secretary of state shall refer the application to the person or entity conducting the VSTOP.

(f) The VSTOP shall examine the electronic poll book with its accompanying documentation and file a report with the secretary of state indicating all of the following:

(1) Whether the electronic poll book would operate in compliance with this title.

(2) Whether VSTOP has reviewed tests conducted by an approved voting system testing laboratory.

(3) Whether VSTOP has conducted a field test.

(4) Whether the electronic poll book complies with additional requirements for the electronic poll book application for certification and acceptance testing, as described in the Indiana Electronic Poll Book Certification Test Protocol approved by the secretary of state (as in effect January 1, 2023).

(5) Any recommendations regarding the acquisition or use of the electronic poll book.

(6) Whether documentation of the escrow of the electronic poll book's software, firmware, source codes, and executable images with an escrow agent approved by the election division has been received by VSTOP.

(7) Whether VSTOP recommends that the secretary of state approve the electronic poll book under this section, including any recommended restrictions that should be placed on the secretary of state's approval.

(g) After the report required by subsection (f) is filed, the secretary of state may approve the application for certification permitting the electronic poll book to be used in an election in Indiana.

(h) A certification under this section expires on December 31 of the year following the date of its issuance, unless earlier revoked by the secretary of state upon a written finding of good cause for the revocation, including a violation of IC 3-11-17-7(b).

(i) A person may display or demonstrate an electronic poll book that has not been certified under this section if the person complies with all the following requirements:

(1) The display or demonstration occurs at a conference of election officials sponsored by:

(A) a state agency; or

(B) an association of circuit court clerks or voter registration officers.

(2) The person files a notice with the election division at least seven (7) days before the scheduled starting date of a conference referred to in subdivision (1) setting forth the following:

(A) The name of the person and each representative scheduled to display or demonstrate the electronic poll book.

(B) The address and telephone number of the person.

(D) The name and manufacturer of the electronic poll book.

(E) The date and location of the display or demonstration of the electronic poll book.

(3) The person displays the electronic poll book with a notice that:

(A) is at least 16 point type size;

(B) is posted on the surface of the electronic poll book; and

(4) The person ensures that each communication concerning the electronic poll book that is available or made at a conference referred to in subdivision (1) includes a statement that the electronic poll book is "Not Approved for Use in Indiana". A printed communication must include the statement in a type size that is at least as large as the largest type size used in the communication.

As added by P.L.1-2011, SEC.3. Amended by P.L.271-2013, SEC.25; P.L.64-2014, SEC.61; P.L.100-2018, SEC.15; P.L.71-2019, SEC.29; P.L.278-2019, SEC.118; P.L.135-2020, SEC.7; P.L.193-2021, SEC.69; P.L.227-2023, SEC.112.

IC 3-11-18.1-13Voter right to cast vote at any vote center in county Sec. 13. Notwithstanding any other law, including IC 3-11-8-2 and IC 3-14-2-11, a voter who resides in a vote center county is entitled to cast a ballot at any vote center established in the county without regard to the precinct in which the voter resides.

As added by P.L.1-2011, SEC.3.

IC 3-11-18.1-14Separation of ballots at vote center by precinct; exception for Marion County; reports of anomaly with poll book Sec. 14. (a) The precinct election board administering an election at a vote center shall keep the ballots cast in each precinct separate from the ballots cast in any other precinct whose election is administered at the vote center, so that the votes cast for each candidate and on each public question in each of the precincts administered by the board may be determined and included on the statement required by IC 3-12-4-9.

(b) This subsection applies to a county having a consolidated city, if either of the following applies to the county:

(1) The county has adopted an order under IC 3-7-29-6(a)(1) to use an electronic poll book.

(2) The county is a vote center county under IC 3-11-18.1.

The precinct election board administering an election at a vote center shall keep the ballots secure so that the votes cast for each candidate and on each public question in each of the precincts administered by the board may be determined and included on the statement required by IC 3-12-4-9. The county election board shall separate the ballots by precinct if a recount is requested.

(1) to a county described under section 12 of this chapter on and after the date absentee ballots are first transmitted to voters; and

(2) to any anomaly or problem, whether due to a technical reason or due to human error with electronic poll book use.

A person that receives a certification for an electronic poll book shall file not later than forty-eight (48) hours after the discovery of an anomaly or problem with the poll book a written report in accordance with IC 3-11-17-7.

As added by P.L.1-2011, SEC.3. Amended by P.L.169-2015, SEC.134; P.L.71-2019, SEC.30; P.L.278-2019, SEC.119.

IC 3-11-18.1-14.5RepealedAs added by P.L.258-2013, SEC.83. Repealed by P.L.219-2013, SEC.58.

IC 3-11-18.1-15Amendment of county vote center plan Sec. 15. (a) A county may amend a plan adopted with a county election board's order under section 3 of this chapter.

(b) For a county to amend its plan:

(1) the county election board or board of elections and registration, by unanimous vote of the entire membership of the board, must approve the plan amendment;

(2) all members of the board must sign the amendment; and

(3) the amendment must be filed with the election division.

(c) A plan amendment takes effect immediately upon filing with the election division, unless otherwise specified by the county election board.

(d) A plan amendment may be filed with the election division by fax or electronic mail.

As added by P.L.1-2011, SEC.3. Amended by P.L.225-2011, SEC.71; P.L.170-2019, SEC.15; P.L.153-2024, SEC.17.

IC 3-11.5ARTICLE 11.5. COUNTING ABSENTEE BALLOTS

Ch. 1.General Provisions Ch. 2.Definitions Ch. 3.Watchers for Political Parties, Candidates, and the Media Ch. 4.General Procedures for Counties Ch. 5.Counting of Absentee Ballots Cast on Paper Ballots Ch. 6.Counting of Absentee Ballots Cast on Ballot Cards Ch. 7.Additional Provisions Relating to Counting Absentee Ballots Ch. 8.Counting of Absentee Ballots Cast on Electronic Voting Systems

IC 3-11.5-1Chapter 1. General Provisions

3-11.5-1-1Repealed 3-11.5-1-1.1Applicability of article 3-11.5-1-2Repealed 3-11.5-1-2.1Repealed 3-11.5-1-3Repealed 3-11.5-1-4Repealed 3-11.5-1-5Advisory opinion 2022-8; void

IC 3-11.5-1-1RepealedAs added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.8-1995, SEC.70.

IC 3-11.5-1-1.1Applicability of article Sec. 1.1. This article applies to all counties.

As added by P.L.8-1995, SEC.53. Amended by P.L.3-1997, SEC.333; P.L.266-2013, SEC.3; P.L.170-2019, SEC.16; P.L.278-2019, SEC.120.

IC 3-11.5-1-2RepealedAs added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.2-1995, SEC.2; P.L.2-1996, SEC.200. Repealed by P.L.3-1997, SEC.476.

IC 3-11.5-1-2.1RepealedAs added by P.L.3-1995, SEC.115. Amended by P.L.2-1996, SEC.201. Repealed by P.L.3-1997, SEC.476.

IC 3-11.5-1-3RepealedAs added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.3-1997, SEC.476.

IC 3-11.5-1-4RepealedAs added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.3-1997, SEC.334; P.L.66-2010, SEC.26; P.L.225-2011, SEC.72; P.L.219-2013, SEC.59. Repealed by P.L.278-2019, SEC.121.

IC 3-11.5-1-5Advisory opinion 2022-8; void Sec. 5. Advisory opinion 2022-8, adopted by the election commission on March 25, 2022, is void.

As added by P.L.212-2025, SEC.11.

IC 3-11.5-2Chapter 2. Definitions

3-11.5-2-1Absentee ballot counter 3-11.5-2-2Central location for counting absentee ballots 3-11.5-2-3Repealed 3-11.5-2-4Repealed 3-11.5-2-5When an absentee ballot application or absentee ballot is considered sent

IC 3-11.5-2-1Absentee ballot counter Sec. 1. As used in this article, "absentee ballot counter" refers to a person designated under IC 3-11.5-4-22.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-2-2Central location for counting absentee ballots Sec. 2. As used in this article, "central location for counting absentee ballots" refers to a location for counting absentee ballots that a county election board must establish under this article.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.138.

IC 3-11.5-2-3RepealedAs added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.3-1997, SEC.476.

IC 3-11.5-2-4RepealedAs added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.3-1997, SEC.476.

IC 3-11.5-2-5When an absentee ballot application or absentee ballot is considered sent Sec. 5. An absentee ballot application or an absentee ballot is considered "sent" to a voter if the application or ballot is:

(1) sent by United States mail addressed to the voter;

(2) transmitted by fax to a number provided by the voter; or

(3) personally given to the voter.

As added by P.L.126-2002, SEC.77.

IC 3-11.5-3Chapter 3. Watchers for Political Parties, Candidates, and the Media

3-11.5-3-1Function of watchers 3-11.5-3-2Rights and requirements of appointed watchers 3-11.5-3-3Candidate appointed watchers; rights and requirements 3-11.5-3-4Media appointed watchers; rights and requirements

IC 3-11.5-3-1Function of watchers Sec. 1. The following apply for the purposes of IC 3-6-8, IC 3-6-9, and IC 3-6-10:

(1) A central location for counting absentee ballots shall be treated the same as a precinct poll.

(2) An absentee ballot counter shall be treated the same as a precinct election official.

(3) A major political party of a county is entitled to appoint the number of watchers equal to the number of teams of absentee ballot counters.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.169-2015, SEC.135.

IC 3-11.5-3-2Rights and requirements of appointed watchers Sec. 2. (a) Political parties or independent candidates described in IC 3-6-8-1 may appoint watchers at a central location for counting absentee ballots.

(b) A watcher appointed under this section:

(1) has the rights; and

(2) must follow the requirements;

set forth in IC 3-6-8.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.3-1995, SEC.116.

IC 3-11.5-3-3Candidate appointed watchers; rights and requirements Sec. 3. (a) A candidate entitled to appoint a watcher under IC 3-6-9 may appoint a watcher at a central location for counting absentee ballots.

(b) A watcher appointed under this section:

(1) has the rights; and

(2) must follow the requirements;

set forth in IC 3-6-9.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-3-4Media appointed watchers; rights and requirements Sec. 4. (a) Media entitled to appoint a watcher under IC 3-6-10 may appoint a watcher at a central location for counting absentee ballots.

(b) A watcher appointed under this section:

(1) has the rights; and

(2) must follow the requirements;

set forth in IC 3-6-10.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-4Chapter 4. General Procedures for Counties

3-11.5-4-0.5Repealed 3-11.5-4-1Circuit court clerk records and certifications 3-11.5-4-2Recast of certain ballots 3-11.5-4-3Rejection of absentee ballots deposited in drop box not under control of county election board 3-11.5-4-3.5Absentee ballot of voter required to present additional information; procedure 3-11.5-4-4Treatment of ballot found without genuine signature 3-11.5-4-5Ballot with signature; comparison of signatures; treatment of ballot with genuine signature, disputed signature 3-11.5-4-6Secure keeping ballots; scanning ballots before election day; ballots may not be tabulated before election day 3-11.5-4-7Acceptance of delivery of absentee ballots at post office 3-11.5-4-8Applicability; certification of voter names; delivery of certificates 3-11.5-4-9Applicability; marking of poll list indication of absentee voters; disposition of certificate materials 3-11.5-4-10Time for receipt of ballots; treatment 3-11.5-4-11Opening absentee ballots; procedure; signature comparison 3-11.5-4-11.5Processing ballots before election day in vote center counties and counties using electronic poll books; procedure; adopting option by county election board 3-11.5-4-12Opening envelope containing absentee ballot; procedure; processing certain ballots as provisional ballots 3-11.5-4-12.5Opening absentee ballots by machine 3-11.5-4-13Rejection of absentee ballots 3-11.5-4-13.5Absentee ballot signature comparison; procedure; signature verification affidavit 3-11.5-4-13.6Absentee ballot signature comparison; missing signature; procedure; affidavit of unsigned ballot 3-11.5-4-14Rejected ballots; endorsement; processing and return 3-11.5-4-15Challenge of absentee ballot at polls; procedure 3-11.5-4-16Absentee voter's application as affidavit; challenge procedure 3-11.5-4-17Absentee ballot of deceased voter 3-11.5-4-18Voting in person by absentee voter who has not returned absentee ballot 3-11.5-4-19Repealed 3-11.5-4-20Absentee voter wishing to vote in person after poll list is marked 3-11.5-4-21Voter who has cast rejected absentee ballot appearing in person 3-11.5-4-21.5Rejected absentee ballots may not be opened; exception 3-11.5-4-22County election board appointments for absentee vote processing; eligibility; service by candidate or candidate's relative 3-11.5-4-23Political party notice of number of appointees; recommendations for appointments; when nonvoter permitted to serve as appointee; contract; lucrative office 3-11.5-4-23.5Appointment of absentee ballot counters and couriers in Marion County 3-11.5-4-24Applicability; poll list; inspector duties 3-11.5-4-25Repealed 3-11.5-4-26Repealed 3-11.5-4-27Repealed 3-11.5-4-28Report of vote count; certificate

IC 3-11.5-4-0.5RepealedAs added by P.L.266-2013, SEC.4. Repealed by P.L.278-2019, SEC.122.

IC 3-11.5-4-1Circuit court clerk records and certifications Sec. 1. Each circuit court clerk shall do the following:

(1) Keep a separate absentee ballot record for each precinct in the county.

(2) This subdivision applies to a county in which the county voter registration office prepares a certified list of all voters registered to vote in each precinct in the county under IC 3-7-29-1. Either:

(A) certify to each inspector or the inspector's representative, at the time that the ballots and supplies are delivered under IC 3-11-3, the names of the voters:

(i) to whom absentee ballots were sent or who marked ballots in person; and

(ii) whose ballots have been received by the county election board under IC 3-11-10; or

(B) provide a certified list of voters that have been marked to designate the names of the voters described in clause (A).

(3) This subdivision applies to a county that has adopted an order to use an electronic poll book under IC 3-7-29-6 or is a vote center county under IC 3-11-18.1. Certify at the time the county voter registration office downloads information to an electronic poll book under IC 3-7-29-6(c), the names of the voters:

(A) to whom absentee ballots were sent or who marked ballots in person; and

(B) whose ballots have been received by the county election board under IC 3-11-10.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002, SEC.78; P.L.271-2013, SEC.26; P.L.76-2014, SEC.45; P.L.157-2019, SEC.28.

IC 3-11.5-4-2Recast of certain ballots Sec. 2. (a) This section applies to a voter voting by an absentee ballot that:

(1) is defective and ordered corrected under IC 3-11-2-16;

(2) includes a candidate for election to office who:

(A) ceases to be a candidate; and

(B) is succeeded by a candidate selected under IC 3-13-1 or IC 3-13-2; or

(3) is presented and surrendered at:

(A) the office of the circuit court clerk;

(B) the office of the board of elections and registration;

(D) a vote center established as a satellite office under IC 3-11-18.1-4(15);

in a sealed envelope and signed by the voter containing an absentee ballot previously mailed to the voter with a request by the voter for a replacement absentee ballot under this section to cast at the office or vote center.

(b) Through the last day before the election day, an absentee voter may recast the ballot during the period specified by IC 3-11-10-26. To obtain a replacement ballot, the absentee voter must present a written request to the county election board for a replacement ballot. The voter may submit the written request to the county election board by electronic mail. However, in a primary election, if an application has been submitted to the county by or for a voter requesting the ballot of a political party, the voter may not change the choice of the voter's party when requesting a replacement ballot unless the county determines, based on the application of the voter, that the voter was issued an incorrect party ballot by the county.

(1) Place the written request with the absentee voter's original ballots.

(2) Mark "canceled" on the original set of ballots.

(3) Preserve the original ballots with other defective ballots.

(4) Deliver a new set of ballots to the absentee voter.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.3-1995, SEC.117; P.L.109-2021, SEC.52; P.L.240-2025, SEC.29.

IC 3-11.5-4-3Rejection of absentee ballots deposited in drop box not under control of county election board Sec. 3. In accordance with IC 3-11-10-24, a county election board shall reject an absentee ballot deposited in a drop box or other container or location that is not under the physical control and supervision of the county election board when the ballot is deposited.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.109-2021, SEC.53.

IC 3-11.5-4-3.5Absentee ballot of voter required to present additional information; procedure Sec. 3.5. (a) Upon receipt of an absentee ballot from a voter required to provide additional information to the county voter registration office under IC 3-7-33-4.5 or IC 3-7-33-4.7, the county election board shall contact the county voter registration office to determine if the additional information has been filed with the office by the voter.

(b) If the voter has filed the information with the county voter registration office, the county election board shall add a notation to the application indicating that the required information has been filed and that the absentee ballot may be counted if the ballot otherwise complies with this article.

(c) If the voter has not filed the information with the county voter registration office, the county election board shall add a notation on the application filed by a voter described under subsection (b) and on the envelope provided under this chapter reading substantially as follows:

"ABSENTEE BALLOT COUNTERS: AS OF (insert date absentee ballot application approved) THIS VOTER WAS REQUIRED TO FILE ADDITIONAL DOCUMENTATION WITH THE COUNTY VOTER REGISTRATION OFFICE BEFORE THIS BALLOT MAY BE COUNTED. CHECK THE POLL LIST AND COUNTY ELECTION BOARD CERTIFICATION TO SEE IF THE VOTER HAS FILED THIS INFORMATION. IF NOT, PROCESS AS A PROVISIONAL BALLOT IF THIS BALLOT OTHERWISE COMPLIES WITH INDIANA LAW.".

As added by P.L.109-2021, SEC.54. Amended by P.L.65-2024, SEC.28.

IC 3-11.5-4-4Treatment of ballot found without genuine signature Sec. 4. If a county election board finds that the signature on a ballot envelope or transmitted affidavit is not genuine, the board shall write upon the ballot envelope the words "The county election board has found the signature of this voter is not genuine. This ballot is subject to IC 3-11.5-4-13.5 or IC 3-11.5-4-13.6.".

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002, SEC.79; P.L.109-2021, SEC.55.

IC 3-11.5-4-5Ballot with signature; comparison of signatures; treatment of ballot with genuine signature, disputed signature Sec. 5. (a) Upon receipt of the absentee ballot and not later than election day, the county election board, or the absentee board members in the office of the circuit court clerk, shall compare the signature of the voter on the absentee ballot application, or, if there is no application, with the signature on the electronic poll book, with the signature on:

(1) the voter's absentee ballot envelope or ballot secrecy waiver form; or

(2) the computerized list, if there is no envelope or ballot secrecy waiver form.

(b) If a county election board unanimously finds that the signature on a ballot envelope or transmitted affidavit is genuine, the board shall enclose immediately the accepted and unopened ballot envelope, together with the voter's application for the absentee ballot, in a large or carrier envelope. If the county election board does not unanimously determine that the signature on a ballot envelope is genuine, the board shall also write on the ballot envelope described in subsection (c) or the transmitted affidavit from a voter under IC 3-11-4-6, the words "SIGNATURE DISPUTED". The board shall enclose in the same carrier envelope all absentee ballot envelopes and applications for the same precinct.

(c) The envelope shall be securely sealed and endorsed with the name and official title of the circuit court clerk and the following words: "This envelope contains an absentee ballot and must be opened only on election day under IC 3-11.5.".

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002, SEC.80; P.L.64-2014, SEC.62; P.L.157-2019, SEC.29; P.L.109-2021, SEC.56; P.L.227-2023, SEC.113.

IC 3-11.5-4-6Secure keeping ballots; scanning ballots before election day; ballots may not be tabulated before election day Sec. 6. (a) Each circuit court clerk shall keep all accepted ballot envelopes securely sealed in the clerk's office until the ballot envelopes are opened by absentee ballot counters in accordance with this chapter.

(b) A county election board may scan a voted absentee ballot card using an optical scan ballot scanner not earlier than seven (7) calendar days before election day. However, the county election board:

(1) may not tabulate the ballots before election day; and

(2) shall retract a previously scanned absentee ballot card of a voter who is later found disqualified or whose ballot may not be counted for any other reason under this title.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.278-2019, SEC.123; P.L.108-2021, SEC.10.

IC 3-11.5-4-7Acceptance of delivery of absentee ballots at post office Sec. 7. Not later than 6 p.m. on election day each circuit court clerk, or an agent of the clerk, shall visit the appropriate post office to accept delivery of absentee envelopes.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.227-2023, SEC.114.

IC 3-11.5-4-8Applicability; certification of voter names; delivery of certificates Sec. 8. (a) This section does not apply to a county that:

(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or

(2) is a vote center county under IC 3-11-18.1;

if the electronic poll book used at a polling place or vote center is immediately updated to indicate the county received, not later than noon on election day, an absentee ballot from a voter.

(b) Each county election board shall certify the names of voters:

(1) to whom absentee ballots were sent or who marked ballots in person; and

(2) whose ballots have been received by the board under this chapter;

after the certification under section 1 of this chapter and not later than noon on election day.

(1) the certificates described in subsection (b); and

(2) the circuit court clerk's certificates for voters who have registered and voted under IC 3-7-36-14;

delivered to the precinct election boards at their respective polls on election day by couriers appointed under section 22 of this chapter.

(d) The certificates shall be delivered not later than 3 p.m. on election day.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002, SEC.81; P.L.271-2013, SEC.27; P.L.76-2014, SEC.46; P.L.169-2015, SEC.136.

IC 3-11.5-4-9Applicability; marking of poll list indication of absentee voters; disposition of certificate materials Sec. 9. (a) This section does not apply to a county that:

(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or

(2) is a vote center county under IC 3-11-18.1;

if the electronic poll book used at a polling place or vote center is immediately updated to indicate that the county received, not later than noon on election day, an absentee ballot from a voter.

(b) Upon delivery of the certificates under section 8 of this chapter to a precinct election board, the inspector shall do the following in the presence of the poll clerks:

(1) Mark the poll list.

(2) Attach the certificates of voters who have registered and voted under IC 3-7-36-14 to the poll list.

(3) Indicate next to the voter's name on either:

(A) the certificate prepared under section 1 of this chapter; or

(B) the certificate delivered under section 8 of this chapter;

that the voter has voted in person at the polls if a person listed in either certificate has voted in person at the polls.

The poll clerks shall sign the statement printed on the certificate indicating that the inspector marked the poll list and attached the certificates under this section in the presence of both poll clerks to indicate that the absentee ballot of the voter has been received by the county election board.

(1) the certificate prepared under section 1 of this chapter, if any was provided by the circuit court clerk;

(2) the certificate prepared under section 8 of this chapter; and

(3) any challenge affidavit executed by a qualified person under section 15 of this chapter;

in an envelope in the presence of both poll clerks.

(d) The inspector shall seal the envelope. The inspector and each poll clerk shall then sign a statement printed on the envelope indicating that the inspector or poll clerk has complied with the requirements of this chapter governing the marking of the poll list and certificates.

(e) The couriers shall immediately return the envelope described in subsection (c) to the county election board. Upon delivering the envelope to the county election board, each courier shall sign a statement printed on the envelope indicating that the courier has not opened or tampered with the envelope since the envelope was delivered to the courier.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002, SEC.82; P.L.225-2011, SEC.73; P.L.271-2013, SEC.28; P.L.76-2014, SEC.47; P.L.169-2015, SEC.137; P.L.157-2019, SEC.30.

IC 3-11.5-4-10Time for receipt of ballots; treatment Sec. 10. (a) This subsection applies to a county that:

(1) uses a paper list of voters provided under IC 3-7-29-2;

(2) has not adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); and

(3) is not a vote center county under IC 3-11-18.1.

Subject to IC 3-10-8-7.5, IC 3-12-1-17, and section 7 of this chapter, absentee ballots received by mail (or by fax or electronic mail under IC 3-11-4-6) after 6 p.m. on election day are considered as arriving too late and may not be counted.

(b) This subsection applies to a county described in subsection (a). An absentee ballot that is returned to the county election board between noon and 6 p.m. on election day may not be reviewed or counted under this article until all of the following have occurred:

(1) The polls in each precinct have closed.

(2) The poll list for the precinct with an absentee ballot that has not been counted has been returned to the county election board.

(3) The county election board confirms whether the voter cast a ballot at the polls on election day.

(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or

(2) is a vote center county under IC 3-11-18.1.

Subject to IC 3-10-8-7.5 and IC 3-12-1-17, absentee ballots received by mail or by fax or electronic mail under IC 3-11-4 after 6 p.m. on election day are considered as arriving too late and may not be counted.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002, SEC.83; P.L.198-2005, SEC.12; P.L.64-2014, SEC.63; P.L.109-2021, SEC.57.

IC 3-11.5-4-11Opening absentee ballots; procedure; signature comparison Sec. 11. (a) Upon receipt of the absentee ballot and not later than election day, the county election board shall examine the signature on the absentee ballot.

(b) This subsection applies to a county that has not adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1) or is a vote center county under IC 3-11-18.1. Except as provided in subsection (c), (d), or (e), at any time after the couriers return the certificate under section 9 of this chapter, absentee ballot counters appointed under section 22 of this chapter, in the presence of the county election board, shall, except for a ballot rejected under section 13 of this chapter:

(1) open the outer or carrier envelope containing an absentee ballot envelope and application;

(2) announce the absentee voter's name; and

(3) compare the signature upon the ballot application or, if there is no application, with the signature on the electronic poll book with the signature upon the:

(A) voter's absentee ballot envelope; or

(B) if there is no envelope, computerized list.

(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or

(2) is a vote center county under IC 3-11-18.1;

and has not updated the computerized list to reflect absentee ballots received on election day. After the receipt and processing required under sections 12 and 12.5 of this chapter to process an absentee ballot from a voter and after ensuring that the electronic poll books used in each polling place or vote center have been updated to reflect all absentee ballots received by the county not later than 12:01 a.m. on election day, the absentee ballot counters shall, at any time after 6:00 a.m. on election day, in a central counting location designated by the county election board, count the absentee ballot votes cast for each candidate, for each office, and on each public question.

(d) This subsection applies to a county having a consolidated city, if the county:

(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or

(2) is a vote center county under IC 3-11-18.1.

After the receipt and processing required under sections 12 and 12.5 of this chapter to process an absentee ballot from a voter and after ensuring that the electronic poll books used in each polling place or vote center have been updated to reflect all absentee ballots received by the county not later than 12:01 a.m. on election day, the absentee ballot counters shall, at any time after 6:00 a.m. on election day, in a central counting location designated by the county election board, count the absentee ballot votes cast for each candidate, for each office, and on each public question.

(e) This subsection applies to a county other than a county having a consolidated city, if the county election board has adopted a resolution by the unanimous vote of the entire membership of the board to use procedures set forth in this subsection, and the county:

(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or

(2) is a vote center county under IC 3-11-18.1.

After the receipt and processing required under section 12 of this chapter to process an absentee ballot from a voter and after ensuring that the electronic poll books used in each polling place or vote center have been updated to reflect all absentee ballots received by the county not later than 12:01 a.m. on election day, the absentee ballot counters shall, at any time after 6:00 a.m. on election day, in a central counting location designated by the county election board, count the absentee ballot votes cast for each candidate, for each office, and on each public question.

(f) A resolution adopted under subsection (e) may be repealed or amended only by the unanimous vote of the entire membership of the county election board.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002, SEC.84; P.L.258-2013, SEC.84; P.L.76-2014, SEC.48; P.L.169-2015, SEC.138; P.L.100-2018, SEC.16; P.L.210-2018, SEC.2; P.L.157-2019, SEC.31; P.L.278-2019, SEC.124; P.L.109-2021, SEC.58; P.L.227-2023, SEC.115.

IC 3-11.5-4-11.5Processing ballots before election day in vote center counties and counties using electronic poll books; procedure; adopting option by county election board Sec. 11.5. (a) This section applies to a county if the county election board has adopted a resolution by the unanimous vote of the entire membership of the board to use the procedures set forth in this section, and the county:

(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or

(2) is a vote center county under IC 3-11-18.1.

(b) Absentee ballot counters appointed under section 22 of this chapter shall, in the presence of the county election board, process an absentee ballot of a voter as follows:

(1) Beginning at noon, three (3) days before the election for any absentee ballot that has been received by the county election board not later than noon, four (4) days before the election.

(2) Beginning at noon, two (2) days before the election for any absentee ballot that has been received by the county election board any time after noon, four (4) days before the election and not later than noon, three (3) days before the election.

(3) Beginning at noon, the day before the election for any absentee ballot that has been received by the county election board any time after noon, three (3) days before the election and not later than noon, two (2) days before the election.

(1) Conduct a review of the absentee ballot required by section 12(a) through 12(c) of this chapter. Section 12(e) and 12(f) of this chapter apply to this subdivision.

(2) Determine in accordance with section 13 of this chapter if the absentee ballot cannot be counted.

(3) Open the envelope containing the absentee ballot in a manner that does not deface or destroy the affidavit and take out each ballot enclosed without unfolding or permitting the ballot to be unfolded or examined.

(4) Determine if the absentee ballot has been endorsed with the initials of:

(A) the two (2) members of the absentee voter board in the office of the clerk of the circuit court under IC 3-11-4-19 or IC 3-11-10-27;

(B) the two (2) members of the absentee voter board visiting the voter under IC 3-11-10-25; or

(C) the two (2) appointed members of the county election board or the members' designated representatives under IC 3-11-4-19.

(d) If the team of absentee ballot counters determines the absentee ballot can be counted under this chapter, the absentee ballot must be stored in an envelope or container kept for ballots of the same precinct. The envelope or container must:

(1) have the name of the precinct written on the envelope or container; and

(2) be stored in a secure manner under dual lock controlled by both appointed members of the county election board.

(e) An absentee ballot determined to be counted under this section shall be tabulated according to this article on election day in accordance with section 11 of this chapter.

(f) A member of the county election board may challenge a voter under section 15(c) of this chapter when a team of absentee ballot counters is processing an absentee ballot under this section.

As added by P.L.108-2021, SEC.11.

IC 3-11.5-4-12Opening envelope containing absentee ballot; procedure; processing certain ballots as provisional ballots Sec. 12. (a) Notwithstanding any provision to the contrary in this chapter, in a county described by subsection (e) or (f), the signature review process described in this section may be conducted at any time after receipt of an absentee ballot by the county election board.

(b) If the absentee ballot counters find under section 11 of this chapter that:

(1) the affidavit is properly executed;

(2) the signatures correspond;

(3) the absentee voter is a qualified voter of the precinct;

(4) the absentee voter is registered and is not required to file additional information with the county voter registration office under IC 3-7-33-4.5 or IC 3-7-33-4.7; and

(5) in case of a primary election, if the absentee voter has not previously voted, the absentee voter has executed the proper declaration relative to age and qualifications and the political party with which the absentee voter intends to affiliate;

the absentee ballot counters shall open the envelope containing the absentee ballots so as not to deface or destroy the affidavit and take out each ballot enclosed without unfolding or permitting a ballot to be unfolded or examined.

(c) If the absentee ballot counters find under subsection (b) that the voter has not filed the additional information required to be filed with the county voter registration office under IC 3-7-33-4.5 or IC 3-7-33-4.7, but that all of the other findings listed under subsection (b) apply, the absentee ballot shall be processed as a provisional ballot under IC 3-11.7.

(d) The absentee ballot counters shall then deposit the ballots in a secure envelope with the name of the precinct set forth on the outside of the envelope. After the absentee ballot counters or the county election board has made the findings described in subsection (b) or section 13 of this chapter for all absentee ballots of the precinct, the absentee ballot counters shall remove all the ballots deposited in the envelope under this section for counting under IC 3-11.5-5 or IC 3-11.5-6.

(e) This subsection applies to a county having a consolidated city. For an absentee ballot cast in person by a voter under IC 3-11-10-25, IC 3-11-10-26, or IC 3-11-10-26.3, the absentee ballot counters may, but are not required to, make the findings required under subsection (b)(2) or (b)(3).

(f) This subsection applies to a county:

(1) that does not have a consolidated city; and

(2) when the county election board has adopted a resolution by the unanimous vote of its entire membership to use the procedures set forth in this subsection.

For an absentee ballot cast in person by a voter under IC 3-11-10-25, IC 3-11-10-26, or IC 3-11-10-26.3, the absentee ballot counters may, but are not required to, make the findings required under subsection (b)(2) or (b)(3).

(g) A resolution adopted under subsection (f) may be repealed or amended only by the unanimous vote of the entire membership of the county election board.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.209-2003, SEC.169; P.L.221-2005, SEC.97; P.L.225-2011, SEC.74; P.L.100-2018, SEC.17; P.L.210-2018, SEC.3; P.L.65-2024, SEC.29.

IC 3-11.5-4-12.5Opening absentee ballots by machine Sec. 12.5. (a) Notwithstanding section 12(b) of this chapter and subject to subsection (b), absentee ballot envelopes may be opened by machine instead of by the absentee ballot counters. For purposes of certification of voting systems under this article, a machine, the only function of which is the opening of envelopes, is not considered to be a voting system or part of a voting system.

(b) After making the applicable findings under section 12(b) of this chapter, the absentee ballot counters shall take out each ballot enclosed in an envelope opened under subsection (a) without unfolding or permitting a ballot to be unfolded or examined. The absentee ballots shall then continue to be processed as provided under section 12 and other applicable provisions of this chapter.

As added by P.L.278-2019, SEC.125. Amended by P.L.109-2021, SEC.59.

IC 3-11.5-4-13Rejection of absentee ballots Sec. 13. (a) If the absentee ballot counters find under section 11 of this chapter that any of the following applies, the ballots shall be rejected:

(1) The affidavit is insufficient or that the ballot has not been endorsed with the initials of:

(A) the two (2) members of the absentee voter board in the office of the clerk of the circuit court under IC 3-11-4-19 or IC 3-11-10-27;

(B) the two (2) members of the absentee voter board visiting the voter under IC 3-11-10-25; or

A scantron complies with the endorsement requirement under this subdivision if the scantron is endorsed with the initials of two (2) members under clause (A), (B), or (C). An affidavit that does not contain an accurate date of signature is insufficient for purposes of this subdivision.

(2) The signatures do not correspond or there is no signature, and the signature mismatch or missing signature is not cured by the deadline established under section 13.5 or 13.6 of this chapter.

(3) The absentee voter is not a qualified voter in the precinct.

(4) The absentee voter has voted in person at the election.

(5) The absentee voter has not registered.

(6) The ballot is open or has been opened and resealed. This subdivision does not permit an absentee ballot transmitted by fax or electronic mail under IC 3-11-4-6 to be rejected because the ballot was sealed in the absentee ballot envelope by the individual designated by the circuit court to receive absentee ballots transmitted by fax or electronic mail.

(7) The ballot envelope contains more than one (1) ballot of any kind for the same office or public question.

(8) In case of a primary election, if the absentee voter has not previously voted, the voter failed to execute the proper declaration relative to age and qualifications and the political party with which the voter intends to affiliate.

(9) The ballot has been challenged and there is no absentee ballot application from the voter to support the absentee ballot.

(b) Subsection (c) applies whenever a voter with a disability is unable to make a signature:

(1) on an absentee ballot application that corresponds to the voter's signature in the records of the county voter registration office; or

(2) on an absentee ballot security envelope that corresponds with the voter's signature:

(A) in the records of the county voter registration office; or

(B) on the absentee ballot application.

(1) The absentee voter board under section 22 of this chapter.

(2) A member of the voter's household.

(3) An individual serving as attorney in fact for the voter.

(d) An attestation under subsection (c) provides an adequate basis for the absentee ballot counters to determine that a signature or mark complies with subsection (a)(2).

(e) If the absentee ballot counters are unable to agree on a finding described under this section or section 12 of this chapter, the county election board shall make the finding.

(f) This subsection does not apply to an absentee ballot rejected under this section based on a finding that the voter's signature on the absentee ballot security envelope affidavit does not correspond to any signature on the voter's absentee ballot application. The absentee ballot counters or county election board shall issue a certificate to a voter whose ballot has been rejected under this section if the voter appears in person before the board not later than 5 p.m. on election day. The certificate must state that the voter's absentee ballot has been rejected and that the voter may vote in person under section 21 of this chapter if otherwise qualified to vote.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.38-1999, SEC.53; P.L.126-2002, SEC.85; P.L.1-2003, SEC.6; P.L.14-2004, SEC.139; P.L.198-2005, SEC.13; P.L.194-2013, SEC.73; P.L.157-2019, SEC.32; P.L.109-2021, SEC.60; P.L.227-2023, SEC.116; P.L.153-2024, SEC.18; P.L.241-2025, SEC.18.

IC 3-11.5-4-13.5Absentee ballot signature comparison; procedure; signature verification affidavit Sec. 13.5. (a) This section applies to an absentee ballot where there is a finding that the voter's signature on the absentee ballot security envelope affidavit does not correspond to the signature on the voter's absentee ballot application or electronic poll book, or any signature by the voter maintained in the statewide voter registration system.

(b) If the absentee voter board, the absentee ballot counters, or the county election board determine that a voter's signature on the absentee ballot security envelope affidavit does not correspond to:

(1) the voter's signature on the absentee ballot application;

(2) the voter's signature on the electronic poll book; or

(3) any signature of the voter maintained in the statewide voter registration system;

the absentee ballot security envelope shall not be opened and the ballot shall not be counted.

(c) The absentee voter board, the absentee ballot counters, or the county election board shall write the date and cause of the mismatched signature on the face of the security envelope after completing the procedures set forth in this section.

(d) The county election board or board of elections and registration shall send a notice produced from the computerized system established by IC 3-7-26.3 to the voter of the determination of the absentee voter board, absentee ballot counters, county election board, or board of elections and registration that an absentee ballot signature mismatch has occurred. The county election board shall:

(1) either:

(A) hand deliver the notice; or

(B) mail the notice by first class United States mail;

to the registration address of the voter;

(2) send the notice by electronic mail to the voter if an electronic mail address for the voter is available; and

(3) call the voter by telephone to provide notice of the signature mismatch determination, if a telephone number for the voter is available;

not later than the close of business two (2) business days after the signature mismatch determination by the county occurs. If a county election board is unable to produce the notice from the computerized list, the county election board may send the notice provided by the election division.

(e) If:

(1) the county election board does not provide the voter with the notice described in subsection (d) before the close of business two (2) business days after the signature mismatch is determined; and

(2) the voter learns that the notice described in subsection (d) should have been provided;

the voter or a representative of the voter may request the notice described in subsection (d) from the county election board or the election division.

(f) An absentee ballot sealed inside an absentee ballot security envelope affidavit with a signature mismatch shall be treated as a provisional ballot under IC 3-11.7. The signature mismatch may be cured under this section and the absentee ballot counted if the ballot is otherwise valid.

(g) A voter notified by the county election board or board of elections and registration under subsection (d) must verify the voter's signature under this section on:

(1) the absentee ballot security envelope affidavit;

(2) the absentee ballot application or electronic poll book; or

(3) both;

by filing an affidavit with the county election board or board of elections and registration not later than noon, prevailing local time, eight (8) days after election day.

(h) The notice under subsection (d) is subject to IC 3-5-4-8 and must contain the following information:

(1) A statement from the county election board or board of elections and registration notifying the voter that the county has determined that a signature mismatch has occurred between the signature of the voter on the absentee ballot security envelope affidavit and the voter's signature on the absentee ballot application or electronic poll book, or any signature made by the voter on file in the statewide voter registration system.

(2) A statement that the voter's absentee ballot will be rejected and not counted unless the voter cures the signature mismatch under this section by filing a signed signature verification affidavit with the county election board or board of elections and registration not later than noon, local prevailing time, eight (8) days after election day, and specifying the date on which the eighth day will fall.

(3) A signature line for the voter to print the voter's name and date and sign the signature verification affidavit.

(4) A statement that the signature verification affidavit must be:

(A) placed into a mailing envelope addressed to the county election board or board of elections and registration, and either mailed with sufficient postage or hand delivered to the board; or

(B) sent to the board by electronic mail or facsimile transmission.

(5) Information provided by the board setting forth the mailing address, electronic mail address, or facsimile number of the board.

(6) The name of the voter.

(i) The signature verification affidavit shall be prescribed by the election division under IC 3-5-4-8, shall be produced from the computerized list established under IC 3-7-26.3, must substantially be in the following form, and may be included on the same page as the notice and instructions:

SIGNATURE VERIFICATION AFFIDAVIT

I, [voter's name], am a registered voter of [voter's county of residence] County, State of Indiana. I declare under the penalties of perjury that I requested and returned an absentee ballot. I am a resident of the precinct in which I have voted (or I am entitled to vote in this precinct under Indiana law), and I am the person whose name appears on the absentee ballot envelope. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment, a fine, or both. I understand that my failure to sign this statement means my absentee ballot will not be counted.

___________________

Voter's Signature

____________________

Voter's Printed Name

________________________

Voter's Registration Address

If there is a reason why your signature does not match, please explain here. Examples include age or disability of the voter or execution of the absentee affidavit by the person holding the voter's power of attorney or any person assisting a voter under IC 3-11-4-2(b) or a member of the voter's immediate household or power of attorney attesting to the voter's signature on the absentee by mail return envelope under IC 3-11.5-4-13(c). The computerized list shall preprint the name of the voter in the appropriate parts of the affidavit.

(j) The county election board or board of elections and registration may not reject an absentee ballot with a nonconforming security envelope signature if each of the following conditions are satisfied:

(1) The voter delivers:

(A) in person;

(B) by mail;

(D) by electronic mail;

a signature verification affidavit signed by the voter and the county election board or board of elections and registration receives the affidavit not later than noon, prevailing time, eight (8) days after election day, or the voter, before the close of the polls on election day, completes and files a signature verification affidavit with the inspector or other chief election official of the precinct or vote center within the county. The inspector or vote center official shall forward the signature verification statement to the county election board or board of elections and registration with the other materials from the precinct. The voter may deliver a signature verification affidavit signed by the voter to an absentee voter board at a circuit court clerk's office or satellite location during the period of early voting described in IC 3-11-10-26.

(2) Upon receipt of the signature verification statement, the county election board or county board of elections and registration shall open the provisional ballot envelope to access the voter's absentee ballot security envelope to:

(A) compare the signature on the verification statement with the signature on the affidavit of the ballot envelope; or

(B) if the ballot is for a military or overseas voter who transmitted the ballot by facsimile or electronic mail, compare the affidavit found under IC 3-11-4-6(h) and, if applicable, the signature found in the voter's registration record or the signature on the absentee ballot application.

(k) If, upon conducting the comparison of signatures, the board determines that the signatures match and no other challenges have been made to the ballot, the board shall open the absentee ballot security envelope and add the votes cast on the ballot to the tally for the voter's precinct.

(l) A ballot may not be removed from the security envelope until the time for processing ballots. If, upon conducting the comparison of the signatures under this section, the election officials determine that the signatures are mismatched, the voter's absentee ballot security envelope may not be opened and the ballot shall not be counted. The election officials shall write "this ballot has been rejected because of a mismatched signature" on the face of the security envelope. The absentee ballot security envelope must be resealed and the status of the rejected provisional ballot must be made under the "County Election Board Findings" on the affidavit.

(m) A mismatched absentee ballot security envelope is to be treated as a provisional ballot and is subject to the same confidentiality restrictions under IC 3-11.7-6-3.

(n) If the county election board or board of elections and registration determines that the signatures match, the board shall provide a copy of the statement to the county voter registration officer in any county where there is a separate board of registration. The voter registration officer shall then use the signature in the signature verification statement, even if returned untimely, to update the voter's signature in the voter's registration record.

As added by P.L.109-2021, SEC.61. Amended by P.L.153-2024, SEC.19.

IC 3-11.5-4-13.6Absentee ballot signature comparison; missing signature; procedure; affidavit of unsigned ballot Sec. 13.6. (a) This section applies to an absentee ballot where there is a finding that the voter's signature on the absentee ballot security envelope affidavit is missing and therefore does not correspond to the signature on the voter's absentee ballot application or electronic poll book.

(b) Section 13.5(c), 13.5(d), 13.5(e), and 13.5(g) of this chapter apply to this section.

(c) The county election board or board of elections and registration shall not reject an absentee ballot with a missing security envelope signature if any of the following conditions are satisfied and the county election board or board of elections and registration determines that the unsigned absentee ballot affidavit is truthful and otherwise in compliance with this section:

(1) The voter delivers:

(A) in person;

(B) by mail;

(D) by electronic mail;

an affidavit of unsigned ballot that is signed by the voter, and the county election board or board of elections and registration receives the affidavit not later than noon eight (8) days after election day.

(2) Before the close of the polls on election day, the voter completes and files an affidavit of unsigned ballot with the inspector or other chief election official of the precinct or vote center within the county. The inspector or vote center official shall forward the affidavit of unsigned ballot to the county election board or board of elections and registration with the other materials from the precinct.

(3) The voter delivers an affidavit of unsigned ballot that is signed by the voter to an absentee voter board at a circuit court clerk's office or satellite location during the period of early voting described in IC 3-11-10-26.

(d) Upon receipt of the affidavit of unsigned ballot, the county election board or county board of elections and registration shall open the provisional ballot envelope to access the voter's absentee ballot security envelope to:

(1) compare the signature on the affidavit of unsigned ballot with the most recent signature on the voter's registration record in the statewide voter registration system, or the signature on the absentee ballot application; or

(2) if the ballot is for a military or overseas voter who transmitted the ballot by facsimile or electronic mail, compare the affidavit found under IC 3-11-4-6(h) and, if applicable, the signature found in the voter's registration record or the signature on the absentee ballot application.

(e) If, upon conducting the comparison of the signatures, the board determines that the signatures match and there are no other challenges that have been made to the ballot, the board shall open the absentee ballot security envelope and add the votes cast on the ballot to the tally for the voter's precinct.

(f) If, upon conducting the comparison of the signatures, the board determines that the signatures are mismatched, the voter's absentee ballot security envelope shall not be opened and the ballot may not be counted. The board shall write "this ballot has been rejected because of a mismatched signature" on the face of the security envelope. The provisional ballot envelope must be resealed and the status of the rejected ballot must be set forth under the "County Election Board Findings" on the affidavit.

(g) The affidavit of unsigned ballot shall be prescribed by the election division under IC 3-5-4-8, shall be produced from the computerized list established under IC 3-7-26.3, must be in substantially the following form, and may be included on the same page as the notice and instructions:

AFFIDAVIT OF UNSIGNED BALLOT

___________________

Voter's Signature

____________________

Voter's Printed Name

________________________

Voter's Registration Address

The computerized list shall preprint the name of the voter in the appropriate parts of the affidavit.

(h) The following instructions, prescribed by the election division under IC 3-5-4-8 and produced from the computerized list established under IC 3-7-26.3, shall accompany the affidavit of unsigned ballot in substantially the following form:

NOTICE FROM COUNTY ELECTION BOARD

REGARDING AN AFFIDAVIT OF UNSIGNED BALLOT FOR ABSENTEE BALLOT

Read these instructions carefully before completing the statement. Failure to follow these instructions may cause your ballot to not be counted.

(1) We have determined that your signature is missing on your absentee ballot security envelope. To ensure that your absentee ballot will be counted, you must complete and return an affidavit of unsigned ballot.

(2) Your affidavit of unsigned ballot must be received by the county election board or board of elections and registration not later than noon, local prevailing time, eight (8) days after the election, with the statement specifying the day on which the eighth day after the election will fall.

(3) You must sign your name where specified on the affidavit of unsigned ballot.

(4) Place the affidavit of unsigned ballot into a mailing envelope addressed to your county election official. Mail, hand deliver, or have your completed affidavit delivered to the board. Be sure to include sufficient postage if mailed, and include the address of the county election board provided below.

(5) If you do not wish to send your affidavit of unsigned ballot by mail or have it hand delivered, you may submit your completed affidavit by electronic mail or facsimile transmission to the county election board using the following information provided by your county [insert county electronic mail address and facsimile number].

(6) Include your name on the affidavit.

(i) A ballot may not be removed from the security envelope until the time for processing the ballot.

(j) Except where clearly inapplicable under IC 3-11.7, an unsigned absentee ballot security envelope is to be treated as a provisional ballot and is subject to the same confidentiality restrictions under IC 3-11.7-6-3. The affidavit of unsigned ballot and the signature verification statement executed by the voter are confidential under IC 3-11.7-6-3.

As added by P.L.109-2021, SEC.62. Amended by P.L.153-2024, SEC.20.

IC 3-11.5-4-14Rejected ballots; endorsement; processing and return Sec. 14. (a) Each ballot rejected for any of the reasons prescribed by section 13 of this chapter shall, without being unfolded to disclose how the ballot is marked, be endorsed with the words: "Rejected (giving the reason or reasons for the rejection).".

(b) All rejected absentee ballots shall be enclosed and securely sealed in an envelope on which the absentee ballot counters shall write the words: "Rejected absentee ballots". The absentee ballot counters shall also identify the precinct and the date of the election on the envelope containing the rejected ballots.

(c) The rejected absentee ballots shall be returned to the same officer and in the same manner as prescribed by this title for the return and preservation of official ballots cast and uncast at the election.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-4-15Challenge of absentee ballot at polls; procedure Sec. 15. (a) Except as provided in subsection (c), the vote of an absentee voter may be challenged at the polls for the reason that the absentee voter is not a legal voter of the precinct where the ballot is being cast.

(b) Before the inspector prepares to mark the poll list to indicate that an absentee ballot cast by the voter has been received by the county election board according to a certificate delivered to the polls under section 1 or section 8 of this chapter, the inspector shall notify the challengers and the pollbook holders that the inspector is about to mark the poll list under this section. The inspector shall provide the challengers and pollbook holders with the name and address of each voter listed in the certificate so that the voter may be challenged under this article.

(1) has adopted an order to use an electronic poll list under IC 3-7-29-6(a)(1); or

(2) is a vote center county under IC 3-11-18.1.

The vote of an absentee ballot may be challenged for the reason that the absentee voter is not a legal voter of the precinct for which the absentee ballot was issued. Before the absentee ballot counters process an absentee ballot, the absentee ballot counters shall notify the county election board. A county election board member, or a representative designated by a county election board member, may challenge the absentee ballot under section 16 of this chapter.

(d) The challenge under this section must be determined using the procedures for counting a provisional ballot under IC 3-11.7.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.140; P.L.271-2013, SEC.29; P.L.64-2014, SEC.64; P.L.169-2015, SEC.139.

IC 3-11.5-4-16Absentee voter's application as affidavit; challenge procedure Sec. 16. (a) If an absentee ballot is challenged under section 15 of this chapter, the absentee voter's application for an absentee ballot shall be considered as the affidavit required to be made by a voter when challenged at the polls while voting in person.

(b) Except as provided in subsection (c), the challenge procedure under this section is the same as though the ballot was cast by the voter in person.

(d) The absentee ballot cast by the challenged voter shall be counted if the county election board makes the findings required under IC 3-11.7-5.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.109-2005, SEC.10; P.L.164-2006, SEC.120; P.L.271-2013, SEC.30; P.L.76-2014, SEC.49.

IC 3-11.5-4-17Absentee ballot of deceased voter Sec. 17. (a) If proof is given to the absentee ballot counters that an absentee voter marked and forwarded an absentee ballot but died before election day, the ballot of the deceased voter shall be rejected under section 13 of this chapter and retained with the other rejected ballots under section 14 of this chapter.

(b) The casting of an absentee ballot by a deceased voter does not invalidate an election.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-4-18Voting in person by absentee voter who has not returned absentee ballot Sec. 18. (a) If a voter has not returned an absentee ballot, the voter may vote in person.

(b) However, if the voter has received an absentee ballot, before the voter may vote, the voter must return the ballot to the inspector. The absentee ballot shall be marked "canceled" and preserved with the rejected ballots.

(c) If the voter has requested but not received an absentee ballot, the voter may vote if the voter executes an affidavit affirming that the voter has not received an absentee ballot.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.194-2013, SEC.74; P.L.169-2015, SEC.140.

IC 3-11.5-4-19RepealedAs added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.225-2011, SEC.93.

IC 3-11.5-4-20Absentee voter wishing to vote in person after poll list is marked Sec. 20. If a voter has marked and returned an absentee ballot, the voter may not vote in person except as provided in section 21 of this chapter.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.109-2021, SEC.63.

IC 3-11.5-4-21Voter who has cast rejected absentee ballot appearing in person Sec. 21. If an envelope containing a voter's absentee ballot has been marked "Rejected", and the voter appears in person at the precinct before the polls close, the voter may vote as any other voter voting in person if the voter presents the precinct election board with the certificate issued under section 13(f) of this chapter.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.1-2009, SEC.4; P.L.157-2019, SEC.33; P.L.227-2023, SEC.117.

IC 3-11.5-4-21.5Rejected absentee ballots may not be opened; exception Sec. 21.5. Rejected absentee ballots may not be opened, except on order of a court or the state recount commission.

As added by P.L.169-2015, SEC.141.

IC 3-11.5-4-22County election board appointments for absentee vote processing; eligibility; service by candidate or candidate's relative Sec. 22. (a) Except as provided in subsection (b), each county election board shall appoint:

(1) absentee voter boards;

(2) teams of absentee ballot counters; and

(3) teams of couriers;

consisting of two (2) voters of the county, one (1) from each of the two (2) political parties that have appointed members on the county election board.

(b) Notwithstanding subsection (a), a county election board:

(1) may appoint, by a unanimous vote of the board's members, only one (1) absentee ballot courier if the person appointed is a voter of the county; and

(2) shall not appoint teams of couriers, if the county:

(A) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or

(B) is a vote center county under IC 3-11-18.1.

(c) An otherwise qualified person is eligible to serve on an absentee voter board or as an absentee ballot counter or a courier unless the person:

(1) is unable to read, write, and speak the English language;

(2) has any property bet or wagered on the result of the election;

(3) is a candidate to be voted for at the election except as an unopposed candidate for a city office, town office, township office, school board office, precinct committeeman, or state convention delegate; or

(4) is the spouse, parent, father-in-law, mother-in-law, child, son-in-law, daughter-in-law, grandparent, grandchild, brother, sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece of a candidate or declared write-in candidate to be voted for at the election except as an unopposed candidate. This subdivision disqualifies a person whose relationship to the candidate is the result of birth, marriage, or adoption.

(d) A person who is a candidate to be voted for at the election or who is related to a candidate in a manner that would result in disqualification under subsection (c) may, notwithstanding subsection (c), serve as a member of an absentee voter board if:

(1) the candidate is seeking nomination or election to an office in an election district that does not consist of the entire county; and

(2) the county election board restricts the duties of the person as an absentee voter board member to performing functions that could have no influence on the casting or counting of absentee ballots within the election district.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.38-1999, SEC.54; P.L.176-1999, SEC.92; P.L.14-2000, SEC.6; P.L.14-2004, SEC.141; P.L.271-2013, SEC.31; P.L.76-2014, SEC.50; P.L.169-2015, SEC.142; P.L.109-2021, SEC.64.

IC 3-11.5-4-23Political party notice of number of appointees; recommendations for appointments; when nonvoter permitted to serve as appointee; contract; lucrative office Sec. 23. (a) Not later than noon fifty (50) days before election day, each county election board shall notify the county chairmen of the two (2) political parties that have appointed members on the county election board of the number of:

(1) absentee voter boards;

(2) teams of absentee ballot counters; and

(3) teams of couriers;

to be appointed under section 22 of this chapter.

(b) The county chairmen shall make written recommendations for the appointments to the county election board not later than forty-six (46) days before election day. The county election board shall make the appointments as recommended.

(c) If a county chairman fails to make any recommendations, then the county election board may appoint any voters of the county who comply with section 22 of this chapter.

(d) The county election board may permit an individual who is not a voter to serve as an absentee board member, other than a member of a board under IC 3-11-10-25, an absentee ballot counter, or a courier if the individual:

(1) satisfies the requirements under IC 3-6-6-39; and

(2) is approved by the unanimous vote of the entire membership of the county election board.

(e) An individual appointed to serve as an absentee board member, other than the member of a board under IC 3-11-10-25, an absentee ballot counter or a courier under subsection (d), while serving as an absentee ballot counter or courier:

(1) is not required to obtain an employment certificate under IC 22-2-18 (before its expiration on June 30, 2021); and

(2) is not subject to the limitations on time and duration of employment under IC 22-2-18 (before its expiration on June 30, 2021) or IC 22-2-18.1.

(f) When the county election board makes an appointment under this section and the individual accepts the appointment by swearing the oath of office required under this title, a contract is created between the county election board and the individual in which the county election board retains the services of the appointed individual as an independent contractor.

(g) For purposes of Article 2, Section 9 of the Constitution of the State of Indiana, the position of:

(1) member of an absentee voter board;

(2) member of an absentee ballot counter team; or

(3) member of a courier team;

is not a lucrative office.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.3-1995, SEC.118; P.L.38-1999, SEC.55; P.L.14-2004, SEC.142; P.L.74-2017, SEC.56; P.L.201-2017, SEC.33; P.L.147-2020, SEC.2; P.L.109-2021, SEC.65; P.L.153-2024, SEC.21; P.L.91-2026, SEC.2.

IC 3-11.5-4-23.5Appointment of absentee ballot counters and couriers in Marion County Sec. 23.5. (a) This section applies to a county having a consolidated city only if the county election board, by unanimous vote of its entire membership, adopts a resolution making this section applicable in the county.

(b) Notwithstanding section 23 of this chapter, an individual who satisfies all of the following may be appointed to serve as an absentee ballot counter or a courier:

(1) The individual is a citizen of the United States.

(2) The individual is registered to vote in Indiana.

(3) The individual is at least eighteen (18) years of age.

(4) The individual is appointed under the procedures described in section 23 of this chapter.

(c) An individual appointed under this section who serves as an absentee ballot counter is observed by registered voters of the county serving in bipartisan absentee ballot counter teams.

As added by P.L.278-2019, SEC.126.

IC 3-11.5-4-24Applicability; poll list; inspector duties Sec. 24. (a) This section does not apply to a county that:

(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or

(2) is a vote center county under IC 3-11-18.1.

(b) This subsection does not apply if the circuit court clerk has provided a marked poll list under section 1(2)(B) of this chapter. In addition to the preparations described in IC 3-11-11-2, IC 3-11-13-27, or IC 3-11-14-16, the inspector shall:

(1) mark the poll list; and

(2) attach the certificates of voters who have registered and voted under IC 3-7-36-14 to the poll list;

in the presence of the poll clerks to indicate the voters of the precinct whose absentee ballots have been received by the county election board according to the certificate supplied under section 1 of this chapter.

(c) The poll clerks shall sign the statement printed on the certificate supplied under section 1 of this chapter indicating that the inspector:

(1) marked the poll list; and

(2) attached the certificates described in subsection (b)(2);

under this section in the presence of both poll clerks.

(d) The inspector shall retain custody of the certificate supplied under section 1 of this chapter until the certificate is returned under section 9 of this chapter.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002, SEC.86; P.L.221-2005, SEC.98; P.L.271-2013, SEC.32; P.L.76-2014, SEC.51; P.L.169-2015, SEC.143; P.L.157-2019, SEC.34.

IC 3-11.5-4-25RepealedAs added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.126-2002, SEC.93.

IC 3-11.5-4-26RepealedAs added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.126-2002, SEC.93.

IC 3-11.5-4-27RepealedAs added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.126-2002, SEC.93.

IC 3-11.5-4-28Report of vote count; certificate Sec. 28. When all votes have been counted, the precinct election board shall prepare a certificate stating the number of votes that each candidate received for each office and the number of votes cast on each public question. The number of votes that each candidate and public question received shall be written in words and numbers. The board shall also prepare a memorandum of the total vote cast for each candidate and ensure that each member of the board receives a copy of the memorandum.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots

3-11.5-5-1Repealed 3-11.5-5-2Applicability of chapter; paper ballot cast votes 3-11.5-5-3Repealed 3-11.5-5-4Repealed 3-11.5-5-5Uninterrupted vote count procedures 3-11.5-5-6Manner and order of counting ballots 3-11.5-5-7Ballot count; reading of names 3-11.5-5-8Vote counting; protest of ballot 3-11.5-5-9Marking of protested ballot 3-11.5-5-10Protested votes referred to county election board 3-11.5-5-11Absentee counters signing of protested ballots 3-11.5-5-12Separate counting of ballots from other precincts 3-11.5-5-13Counting of ballots by two sets of vote counters 3-11.5-5-14Counting federal write-in absentee ballots; minor errors on ballot; partial ballot invalidity and ballots not to be counted 3-11.5-5-15Certificate of absentee vote count 3-11.5-5-16Entry and memorandum of vote count 3-11.5-5-17Delivery of certificates and tally papers 3-11.5-5-18Securing ballots, certificates, and tally papers; delivery 3-11.5-5-19Oath of ballot counters 3-11.5-5-20Filing of ballot counter's oath 3-11.5-5-21Secure storage of ballots 3-11.5-5-22Locks on stored ballots 3-11.5-5-23Time of ballot storage 3-11.5-5-24Time for retention of stored ballots when election contested 3-11.5-5-25Destruction of stored ballots 3-11.5-5-26Contract with educational institution for disposal of ballots 3-11.5-5-27News media certificate of election results 3-11.5-5-28Delivery of news media certificate 3-11.5-5-29Release of information concerning absentee ballot counts before close of polls other than as provided by chapter

IC 3-11.5-5-1RepealedAs added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.2-1996, SEC.202; P.L.3-1997, SEC.335. Repealed by P.L.278-2019, SEC.127.

IC 3-11.5-5-2Applicability of chapter; paper ballot cast votes Sec. 2. This chapter applies to the counting of absentee ballots cast on paper ballots.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-3RepealedAs added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.271-2013, SEC.33; P.L.76-2014, SEC.52; P.L.169-2015, SEC.144. Repealed by P.L.109-2021, SEC.66.

IC 3-11.5-5-4RepealedAs added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.2-1996, SEC.203; P.L.3-1997, SEC.336. Repealed by P.L.230-2005, SEC.91.

IC 3-11.5-5-5Uninterrupted vote count procedures Sec. 5. To minimize delay, the absentee ballot counters shall continue the count without interruption until all absentee ballots for the precinct are canvassed and the certificates required by this chapter are prepared and delivered to the person entitled to receive the certificates.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-6Manner and order of counting ballots Sec. 6. The ballots shall be counted by laying each ballot upon a table in the order in which the ballot was opened under IC 3-11.5-4-12.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-7Ballot count; reading of names Sec. 7. During the counting of the votes, one (1) of the absentee ballot counters shall read the name of the candidates voted for from the ballots. A:

(1) member of the county election board who is not a member of the same political party as the absentee ballot counter; or

(2) representative designated by the member;

reading the names shall view the ballots as the names are read.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-8Vote counting; protest of ballot Sec. 8. During the counting of the votes:

(1) an absentee ballot counter performing the counting;

(2) a member of the county election board; or

(3) a representative designated by the members;

may protest the counting of any ballot or any part of a ballot.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-9Marking of protested ballot Sec. 9. If a ballot or any part of a ballot is protested, an absentee ballot counter immediately shall write on the back of the protested ballot the word "counted" or "not counted", as appropriate.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-10Protested votes referred to county election board Sec. 10. If the absentee ballot counters cannot agree whether to count a ballot following a protest under section 8 of this chapter, the question shall be referred to the county election board for a decision.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-11Absentee counters signing of protested ballots Sec. 11. Following a decision by the absentee ballot counters or the county election board, the absentee ballot counters shall officially sign each protested ballot.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-12Separate counting of ballots from other precincts Sec. 12. An absentee ballot counter may not count absentee ballots for a precinct under this chapter while counting absentee ballots for any other precinct.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-13Counting of ballots by two sets of vote counters Sec. 13. (a) This section applies if at least two (2) sets of absentee ballot counters in a county are counting absentee ballots under this chapter.

(b) A set of absentee ballot counters may count absentee ballots from a precinct while another set of absentee ballot counters is counting absentee ballots from another precinct in the county if each set of counters counts the ballots in compliance with section 7 of this chapter.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-14Counting federal write-in absentee ballots; minor errors on ballot; partial ballot invalidity and ballots not to be counted Sec. 14. (a) This section applies to the counting of federal write-in absentee ballots described in IC 3-11-4-12.5.

(b) If a voter writes an abbreviation, a misspelling, or other minor variation instead of the correct name of a candidate or political party, that vote shall be counted if the intent of the voter can be determined.

(c) If a voter casts a ballot under this section for President or Vice President and writes in the name of a candidate or political party that has not:

(1) certified a list of presidential electors and alternate presidential electors under IC 3-10-4-5; or

(2) included a list of presidential electors and alternate presidential electors on the declaration of intent to be a write-in candidate filed by a write-in candidate under IC 3-8-2-2.5;

the vote for President or Vice President is void. The remaining votes on the ballot may be counted.

(d) As required by 52 U.S.C. 20303(b), and except as provided in this section, an absentee ballot subject to this section shall be submitted and processed in the same manner provided by this title for a regular absentee ballot.

(e) IC 3-12-1-7 applies to a ballot subject to this section.

(f) As required under 52 U.S.C. 20303(b), a ballot subject to this section may not be counted if:

(1) the ballot was submitted:

(A) by an overseas voter who is not an absent uniformed services voter; and

(B) from within the United States;

(2) the overseas voter's application for a regular absentee ballot was received by the county election board after the applicable absentee ballot application deadline set forth in IC 3-11-4-3;

(3) the voter's completed regular state absentee ballot was received by the county election board by the deadline for receiving absentee ballots under IC 3-11.5-4-7 or IC 3-12-1-17; or

(4) the ballot subject to this section was not received by the county election board by the deadline for receiving absentee ballots under IC 3-11.5-4-7 or IC 3-12-1-17.

(g) If a federal write-in absentee ballot is received by the county election board in an envelope that does not indicate that the envelope contains the ballot, and the envelope is opened by the county election board, the absentee ballot shall nevertheless be counted if otherwise valid. The county election board shall:

(1) immediately seal the absentee ballot and the envelope in which the ballot was received in a carrier envelope indicating that a voted absentee ballot is enclosed; and

(2) document the date the absentee ballot was sealed within the carrier envelope, attested to by the signature of each member of the county election board.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.198-2005, SEC.14; P.L.66-2010, SEC.27; P.L.219-2013, SEC.60; P.L.128-2015, SEC.199; P.L.201-2017, SEC.34.

IC 3-11.5-5-15Certificate of absentee vote count Sec. 15. When all the votes have been counted, the absentee ballot counters shall prepare a certificate stating the number of votes that each candidate received for each office and the number of votes cast on each public question.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-16Entry and memorandum of vote count Sec. 16. The number of votes that each candidate and public question received shall be written in words and numbers. The absentee ballot counters shall prepare a memorandum of the total votes cast for each candidate and on each public question and ensure that each member of the county election board receives a copy of the memorandum.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-17Delivery of certificates and tally papers Sec. 17. The absentee ballot counters shall deliver the certificates prepared under section 15 of this chapter and the tally papers to the county election board immediately upon the tabulation of the vote in each precinct.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-18Securing ballots, certificates, and tally papers; delivery Sec. 18. As soon as the ballots have been counted, the absentee ballot counters shall in the presence of the county election board do the following:

(1) Place in a strong paper envelope or bag the following:

(A) All ballots, voted and not voted, together with all protested and uncounted ballots.

(B) One (1) copy of each of the certificates prepared under IC 3-11.5-4-1 and IC 3-11.5-4-8.

(2) Securely seal the envelope or bag.

(3) Have both absentee ballot counters initial the envelope or bag.

(4) Plainly mark on the outside of the envelope or bag, in ink, the precinct for which the absentee ballots were cast.

(5) Deliver the envelope or bag to the circuit court clerk.

(6) Notify the circuit court clerk of the number of ballots placed in the envelope or bag.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-19Oath of ballot counters Sec. 19. Upon delivery of the envelope or bag to the circuit court clerk, each absentee ballot counter shall take and subscribe an oath before the clerk stating that the counter:

(1) securely kept the ballots and papers in the envelope or bag;

(2) did not permit any person to open the envelope or bag or to otherwise touch or tamper with the ballots; and

(3) had no knowledge of any other person opening the envelope or bag.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-20Filing of ballot counter's oath Sec. 20. The circuit court clerk shall file the oath taken under section 19 of this chapter with the clerk's other election documents.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-21Secure storage of ballots Sec. 21. The circuit court clerk shall place the envelope or bag in a receptacle provided by the county executive with two (2) different locks.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-22Locks on stored ballots Sec. 22. The circuit court clerk shall do the following:

(1) Lock the receptacle provided under section 21 of this chapter.

(2) Retain one (1) key to one (1) lock of the receptacle.

(3) Give one (1) key to the other lock of the receptacle to the member of the county election board who is not a member of the same political party as the clerk.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-23Time of ballot storage Sec. 23. The circuit court clerk shall preserve the receptacle containing the envelope or bag in the clerk's office for the period required under IC 3-10-1-31.1.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.143; P.L.193-2021, SEC.70.

IC 3-11.5-5-24Time for retention of stored ballots when election contested Sec. 24. If the election is contested, the clerk shall preserve the receptacle containing the envelope or bag as long as the contest is undetermined. During those periods the clerk shall keep the receptacle securely locked, subject only to an order of the court trying a contest.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-25Destruction of stored ballots Sec. 25. When permitted under IC 3-10-1-31.1, the clerk and a county election board member of the opposite political party shall remove the envelope or bag from the receptacle and destroy the envelope or bag.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.144; P.L.193-2021, SEC.71.

IC 3-11.5-5-26Contract with educational institution for disposal of ballots Sec. 26. A county election board may contract with a state educational institution to dispose of the ballots. The contract must provide that:

(1) the ballots will be used by the state educational institution to conduct election research; and

(2) the state educational institution may not receive any ballots under this subsection until the period for retention under IC 3-10-1-31.1 has expired.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.145; P.L.2-2007, SEC.12; P.L.193-2021, SEC.72.

IC 3-11.5-5-27News media certificate of election results Sec. 27. Immediately upon completion of the vote count, the absentee ballot counters shall make and sign a certificate for the news media showing the total number of absentee ballot votes received by each candidate and on each public question in the precinct.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-28Delivery of news media certificate Sec. 28. The absentee ballot counters shall deliver the certificate to the circuit court clerk as soon as the certificate is completed. The circuit court clerk shall deliver the certificate made for the news media to any person designated to receive the certificate by the editors of the newspapers published in the county or by the managers of the radio and television stations operating in the county immediately upon the completion of the certificate, but not before the closing of the polls.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-29Release of information concerning absentee ballot counts before close of polls other than as provided by chapter Sec. 29. (a) This section applies to a person who observes or performs any of the following under this chapter:

(1) The counting of absentee ballots.

(2) The proceedings of absentee ballot counters or the county election board regarding a protested ballot.

(3) The preparation of a certificate by absentee ballot counters.

(4) The delivery of a certificate to the circuit court clerk or county election board.

(b) Except as prescribed by this chapter, a person shall not provide any other person with information concerning the number of votes:

(1) a candidate received for an office; or

(2) cast to approve or reject a public question;

on absentee ballots counted under this chapter before the closing of the polls.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards

3-11.5-6-1Repealed 3-11.5-6-2Applicability 3-11.5-6-3Repealed 3-11.5-6-4Count of ballots without interruption 3-11.5-6-5Grouping of ballot cards; not applicable in county having a consolidated city 3-11.5-6-6Persons who may protest ballot 3-11.5-6-7Referring protested ballot to county election board 3-11.5-6-8Notations on contested ballots 3-11.5-6-9Damaged ballots unable to be machine processed 3-11.5-6-10Duplicate copy of damaged ballot; witnesses 3-11.5-6-11Duplicate copy of defective card 3-11.5-6-12Duplicate cards; identification information 3-11.5-6-13Counting of duplicate instead of defective card 3-11.5-6-14Failure to test tabulating machines for particular office or question; manual tabulation 3-11.5-6-15Direction to manually count ballots 3-11.5-6-16Standards for manually tabulated vote count 3-11.5-6-17Counting write-in votes for federal office 3-11.5-6-18Certification of vote count; time 3-11.5-6-19Certification of vote count; formal requirements; memorandum 3-11.5-6-20Delivery of certificate of vote count; return of equipment 3-11.5-6-21Packaging counted ballots for storage; procedure in county having a consolidated city 3-11.5-6-22Oath of ballot counters 3-11.5-6-23Filing of oath of ballot counters 3-11.5-6-24Locks for ballot storage containers 3-11.5-6-25Keys to locks for ballot storage containers 3-11.5-6-26Preservation of ballots; time requirements 3-11.5-6-27Preservation of ballots; time requirements of contested elections 3-11.5-6-28Destruction of stored ballots 3-11.5-6-29Contracts with educational institutions for disposal of ballots 3-11.5-6-30News media certificate; preparation 3-11.5-6-31News media certificate; time and manner of release 3-11.5-6-32Release of voting information before closing of polls 3-11.5-6-33Conduct of recount

IC 3-11.5-6-1RepealedAs added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.2-1996, SEC.204; P.L.3-1997, SEC.337. Repealed by P.L.278-2019, SEC.128.

IC 3-11.5-6-2Applicability Sec. 2. This chapter applies to the counting of absentee ballots cast on ballot cards.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-3RepealedAs added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.271-2013, SEC.34; P.L.76-2014, SEC.53; P.L.169-2015, SEC.145; P.L.100-2018, SEC.18; P.L.210-2018, SEC.4. Repealed by P.L.109-2021, SEC.67.

IC 3-11.5-6-4Count of ballots without interruption Sec. 4. (a) This subsection does not apply to a county having a consolidated city. To minimize delay, the absentee ballot counters shall continue to count without interruption until all absentee ballots for the precinct are canvassed and the certificates required by this chapter are prepared and delivered to the person entitled to receive the certificates.

(b) This subsection applies to a county having a consolidated city. To minimize delay, the absentee ballot counters shall continue to count without interruption until all absentee ballots that have been accepted by the absentee ballot counters under IC 3-11.5-4-12 are canvassed, and the certificates required by this chapter are prepared and delivered to the person entitled to receive the certificates.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.100-2018, SEC.19; P.L.210-2018, SEC.5; P.L.278-2019, SEC.129.

IC 3-11.5-6-5Grouping of ballot cards; not applicable in county having a consolidated city Sec. 5. (a) This section does not apply to a county having a consolidated city.

(b) The absentee ballot counters shall determine if the ballot cards are properly grouped and arranged so that all similar cards from a precinct are together before the ballots are counted on an automatic tabulating machine.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.100-2018, SEC.20; P.L.210-2018, SEC.6.

IC 3-11.5-6-6Persons who may protest ballot Sec. 6. During the tabulation of votes at a central counting location, an absentee ballot counter performing the count, a member of the county election board, or a representative designated by the member of the board may protest the counting of a ballot or part of a ballot cast by a voter of a precinct.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-7Referring protested ballot to county election board Sec. 7. If the absentee ballot counters cannot agree whether to count a ballot following a protest under section 6 of this chapter, the question shall be referred to the county election board for a decision.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-8Notations on contested ballots Sec. 8. Following a decision by the absentee ballot counters or the county election board:

(1) the absentee ballot counters immediately shall write on the back of the protested ballot card the word "counted" or "not counted", as appropriate; and

(2) the person protesting the ballot under section 6 of this chapter shall officially sign the protested ballot card.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-9Damaged ballots unable to be machine processed Sec. 9. If an absentee ballot is damaged or defective so that the ballot cannot properly be counted by an automatic tabulating machine, a remake team composed of one (1) person from each of the major political parties of the county shall have the card prepared for processing so as to record accurately the intent of the voter insofar as the intent can be ascertained.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-10Duplicate copy of damaged ballot; witnesses Sec. 10. If necessary, a true duplicate copy shall be made of the damaged ballot card in the presence of witnesses and substituted for the damaged card.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-11Duplicate copy of defective card Sec. 11. A duplicate ballot card shall be made of a defective card, not including the uncounted votes.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-12Duplicate cards; identification information Sec. 12. All duplicate cards must:

(1) be clearly labeled "duplicate"; and

(2) bear a serial number that shall be recorded on the damaged or defective card.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-13Counting of duplicate instead of defective card Sec. 13. Each duplicate ballot card shall be counted instead of the damaged or defective card.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-14Failure to test tabulating machines for particular office or question; manual tabulation Sec. 14. If a test of automatic tabulating machines required by IC 3-11-13-22 is not conducted for a particular office or public question, the absentee ballot votes for that office shall be counted manually.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.85-2017, SEC.3.

IC 3-11.5-6-15Direction to manually count ballots Sec. 15. If for any reason the county election board determines that it is impracticable to count all or some of the absentee ballots under this chapter with an automatic tabulating machine, the board may direct that the ballot cards be counted manually.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-16Standards for manually tabulated vote count Sec. 16. If ballot cards are counted manually, the tabulation of votes must comply with the standards prescribed by IC 3-11-7.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-17Counting write-in votes for federal office Sec. 17. IC 3-11.5-5-14 applies to the counting of write-in absentee ballots for a federal office cast on a ballot card received under 52 U.S.C. 20301.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.128-2015, SEC.200.

IC 3-11.5-6-18Certification of vote count; time Sec. 18. When all the votes have been counted, the absentee ballot counters shall prepare a certificate stating the number of votes that each candidate received for each office and the number of votes cast on each public question.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-19Certification of vote count; formal requirements; memorandum Sec. 19. The number of votes that each candidate and each public question received shall be written in words and numbers. The absentee ballot counters shall prepare a memorandum of the total votes cast for each candidate and on each public question and ensure that each member of the county election board receives a copy of the memorandum.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-20Delivery of certificate of vote count; return of equipment Sec. 20. The absentee ballot counters shall deliver the certificates prepared under section 18 of this chapter and the return printed by the automatic tabulating machine to the county election board immediately upon the tabulation of the vote in each precinct.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-21Packaging counted ballots for storage; procedure in county having a consolidated city Sec. 21. (a) As soon as the ballots have been counted, the absentee ballot counters shall, in the presence of the county election board, do the following:

(1) Place in a strong paper envelope or bag the following:

(A) All ballots, voted and not voted, together with all protested and uncounted ballots.

(B) One (1) copy of each of the certificates prepared under IC 3-11.5-4-1 and IC 3-11.5-4-8.

(2) Securely seal the envelope or bag.

(3) Have both absentee ballot counters initial the envelope or bag.

(4) Plainly mark on the outside of the envelope or bag, in ink, the precinct for which the absentee ballots were cast.

(5) Deliver the envelope or bag to the circuit court clerk.

(6) Notify the circuit court clerk of the number of ballots placed in the envelope or bag.

(b) This subsection applies to a county having a consolidated city. Notwithstanding subsection (a)(4), the absentee ballots may be stored in the order in which the absentee ballots were counted and not in order by precinct.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.100-2018, SEC.21; P.L.210-2018, SEC.7.

IC 3-11.5-6-22Oath of ballot counters Sec. 22. Upon delivery of the envelope or bag to the circuit court clerk, each absentee ballot counter shall take and subscribe an oath before the clerk stating that the counter:

(1) securely kept the ballots and papers in the envelope or bag;

(2) did not permit any person to open the envelope or bag or to otherwise touch or tamper with the ballots; and

(3) had no knowledge of any other person opening the envelope or bag.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-23Filing of oath of ballot counters Sec. 23. The circuit court clerk shall file the oath taken under section 22 of this chapter with the clerk's other election documents.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-24Locks for ballot storage containers Sec. 24. The circuit court clerk shall place the envelope or bag in a receptacle provided by the county executive with two (2) different locks.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-25Keys to locks for ballot storage containers Sec. 25. The circuit court clerk shall do the following:

(1) Lock the receptacle provided under section 24 of this chapter.

(2) Retain one (1) key to one (1) lock of the receptacle.

(3) Give one (1) key to the other lock of the receptacle to the member of the county election board who is not a member of the same political party as the clerk.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-26Preservation of ballots; time requirements Sec. 26. The circuit court clerk shall preserve the receptacle containing the envelope or bag in the clerk's office for the period required under IC 3-10-1-31.1.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.146; P.L.193-2021, SEC.73.

IC 3-11.5-6-27Preservation of ballots; time requirements of contested elections Sec. 27. If the election is contested, the clerk shall preserve the receptacle containing the envelope or bag as long as the contest is undetermined. During those periods the clerk shall keep the receptacle securely locked, subject only to an order of the court trying a contest.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-28Destruction of stored ballots Sec. 28. When permitted under IC 3-10-1-31.1, the clerk and a county election board member of the opposite political party shall remove the envelope or bag from the receptacle and destroy the envelope or bag.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.147; P.L.193-2021, SEC.74.

IC 3-11.5-6-29Contracts with educational institutions for disposal of ballots Sec. 29. A county election board may contract with a state educational institution to dispose of the ballots. The contract must provide that:

(1) the ballots will be used by the state educational institution to conduct election research; and

(2) the state educational institution may not receive any ballots under this subsection until the period for retention under IC 3-10-1-31.1 has expired.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.148; P.L.2-2007, SEC.13; P.L.193-2021, SEC.75.

IC 3-11.5-6-30News media certificate; preparation Sec. 30. Immediately upon completion of the vote count, the absentee ballot counters shall make and sign a certificate for the news media showing the total number of absentee ballot votes received by each candidate and on each public question in the precinct.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-31News media certificate; time and manner of release Sec. 31. The absentee ballot counters shall deliver the certificate to the circuit court clerk as soon as the certificate is completed. The circuit court clerk shall deliver the certificate made for the news media to any person designated to receive the certificate by the editors of the newspapers published in the county or by the managers of the radio and television stations operating in the county immediately upon the completion of the certificate, but not before the closing of the polls.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-32Release of voting information before closing of polls Sec. 32. (a) This section applies to a person who observes or performs any of the following under this chapter:

(1) The counting of absentee ballots.

(2) The proceedings of absentee ballot counters or the county election board regarding a protested ballot.

(3) The preparation of a certificate by absentee ballot counters.

(4) The delivery of a certificate to the circuit court clerk or county election board.

(b) Except as prescribed by this chapter, a person shall not provide any other person with information concerning the number of votes:

(1) a candidate received for an office; or

(2) cast to approve or reject a public question;

on absentee ballots counted under this chapter before the closing of the polls.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-33Conduct of recount Sec. 33. In case of a recount, all ballot cards shall be recounted in the manner prescribed by this chapter unless:

(1) the court ordering the recount or the state recount commission directs that the ballots be counted manually; or

(2) a request for a manual recount is made under IC 3-12-6 or IC 3-12-11.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-7Chapter 7. Additional Provisions Relating to Counting Absentee Ballots

3-11.5-7-1Canvassing of returns 3-11.5-7-2Compensation of couriers and counters 3-11.5-7-3Recounts; precinct of voter residence 3-11.5-7-4Repealed

IC 3-11.5-7-1Canvassing of returns Sec. 1. (a) Absentee ballot counters shall conduct the activities conducted by precinct election officials in submitting returns to the county election board under IC 3-12-4.

(b) The returns of absentee ballot counters shall be treated the same as the returns of a precinct election board under IC 3-12-4.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.64-2014, SEC.65.

IC 3-11.5-7-2Compensation of couriers and counters Sec. 2. The voters appointed as couriers or absentee ballot counters under this article shall be compensated in the following manner:

(1) Couriers assigned to deliver absentee ballots certifications to the precincts on election day under IC 3-11.5-4-8, are entitled to a per diem established by the county executive and a sum for mileage established by the county fiscal body.

(2) The absentee ballot counters who are assigned to perform duties regarding absentee ballots on election day are entitled to a per diem established by the county executive.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.38-1999, SEC.56.

IC 3-11.5-7-3Recounts; precinct of voter residence Sec. 3. An absentee ballot is considered to be cast in the precinct in which the voter who cast the ballot resides for the purpose of the following chapters:

(1) IC 3-12-6.

(2) IC 3-12-11.

(3) IC 3-12-12.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-7-4RepealedAs added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.3-1995, SEC.155.

IC 3-11.5-8Chapter 8. Counting of Absentee Ballots Cast on Electronic Voting Systems

3-11.5-8-1Initial determination whether absentee ballot must be rejected; voiding rejected absentee ballot on electronic voting system 3-11.5-8-2Processing of remaining ballots; precinct printouts 3-11.5-8-3Tabulation of valid absentee ballots

IC 3-11.5-8-1Initial determination whether absentee ballot must be rejected; voiding rejected absentee ballot on electronic voting system Sec. 1. (a) The county election board shall make an initial determination concerning whether any absentee ballot cast on an electronic voting system must be rejected for any grounds under IC 3-11.5-4-13.

(b) If the county election board makes an initial determination under subsection (a) that an absentee ballot must be rejected, the county election board shall void the absentee ballot on the electronic voting system by retracting the absentee ballot from the voting system.

As added by P.L.157-2019, SEC.35. Amended by P.L.212-2025, SEC.12.

IC 3-11.5-8-2Processing of remaining ballots; precinct printouts Sec. 2. After making an initial determination under section 1 of this chapter, the county election board shall process the remaining absentee ballots by producing a printout for each precinct in which an absentee ballot cast on an electronic voting system has been cast.

As added by P.L.157-2019, SEC.35.

IC 3-11.5-8-3Tabulation of valid absentee ballots Sec. 3. After making an initial determination under section 1 of this chapter and processing the ballots under section 2 of this chapter, the county election board shall tabulate the valid absentee ballots cast on the electronic voting system.

As added by P.L.157-2019, SEC.35. Amended by P.L.156-2020, SEC.4.

IC 3-11.7ARTICLE 11.7. PROVISIONAL VOTING

Ch. 1.Application and General Provisions Ch. 2.Casting a Provisional Ballot Ch. 3.Provisional Ballot Counters Ch. 4.Watchers for Political Parties, Candidates, and the Media Ch. 5.Counting Provisional Ballots Ch. 6.Additional Provisions Relating to Provisional Ballots Ch. 7.Standards for Issuing an Order Extending the Hour for the Closing of the Polls

IC 3-11.7-1Chapter 1. Application and General Provisions

3-11.7-1-1Repealed 3-11.7-1-2Form of provisional ballot 3-11.7-1-3Procedures relating to provisional ballots 3-11.7-1-4Clerk to estimate number of provisional ballots required for an election 3-11.7-1-5Repealed 3-11.7-1-6Provisional ballots prepared by county election board; write-in votes; delivery to circuit court clerk 3-11.7-1-7Clerk's signature and seal on provisional ballots 3-11.7-1-8Provisional ballot envelopes 3-11.7-1-9Marking provisional ballot packages

IC 3-11.7-1-1RepealedAs added by P.L.126-2002, SEC.87. Repealed by P.L.164-2006, SEC.143.

IC 3-11.7-1-2Form of provisional ballot Sec. 2. (a) Except as provided in subsection (b), a provisional ballot must have the same form as an absentee ballot for:

(1) the election for which the ballot is cast; and

(2) the precinct in which the ballot is cast.

(b) A provisional ballot must indicate that the ballot is a provisional ballot and not an absentee ballot.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-1-3Procedures relating to provisional ballots Sec. 3. Except as otherwise provided in this article, the procedures described in this title for paper ballots apply to provisional ballots.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-1-4Clerk to estimate number of provisional ballots required for an election Sec. 4. Each circuit court clerk shall:

(1) not less than sixty (60) days before the date on which a general, primary, or municipal election is held; or

(2) not more than three (3) days after the date on which a special election is ordered;

estimate the number of provisional ballots that will be required in the county for the election.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-1-5RepealedAs added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.170. Repealed by P.L.14-2004, SEC.196.

IC 3-11.7-1-6Provisional ballots prepared by county election board; write-in votes; delivery to circuit court clerk Sec. 6. (a) All provisional ballots shall be prepared and printed under the direction of each county election board.

(b) After completing the estimate required by section 4 of this chapter, the county election board shall immediately prepare the ballots and have the ballots printed.

(c) Except as provided in subsection (e), ballots prepared by the county election board under this section must provide space for the voter to cast a write-in ballot.

(d) The provisional ballots that are prepared and printed under this section shall be delivered to the circuit court clerk not later than fifty (50) days before a general, primary, special, or municipal election.

(e) Space for write-in voting for an office is not required if there are no declared write-in candidates for that office. However, procedures must be implemented to permit write-in voting for candidates for federal offices.

(f) This subsection applies to the printing of provisional ballots for a general election in which the names of the nominees for President and Vice President of the United States are to be printed on the ballot. The provisional ballots that are prepared and printed under this section must be delivered to the circuit court clerk or the clerk's authorized deputy not later than thirty-eight (38) days before the general election.

As added by P.L.126-2002, SEC.87. Amended by P.L.14-2004, SEC.150; P.L.169-2015, SEC.146.

IC 3-11.7-1-7Clerk's signature and seal on provisional ballots Sec. 7. Each provisional ballot must be signed by the circuit court clerk or an individual authorized by the circuit court clerk and have the circuit court clerk's seal affixed.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-1-8Provisional ballot envelopes Sec. 8. The county election board shall provide to each precinct election board envelopes marked "Provisional Ballot" in which a provisional voter places the voter's provisional ballot.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-1-9Marking provisional ballot packages Sec. 9. Each package of provisional ballots delivered to a circuit court clerk shall be plainly marked on an appropriate attached label with the words: "This package contains _______ (giving number of ballots) provisional ballots.". The clerk shall securely keep all ballots in the clerk's office and shall distribute them to applicants as provided in this article.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-2Chapter 2. Casting a Provisional Ballot

3-11.7-2-1Certain voters entitled to vote provisional ballot; notice to voter 3-11.7-2-2Duties of voter; instructions to voter 3-11.7-2-3Duties of precinct election board; affidavits and envelopes; provisional ballots; ballots cast after regular polling hours 3-11.7-2-4Handling provisional ballots at close of polls

IC 3-11.7-2-1Certain voters entitled to vote provisional ballot; notice to voter Sec. 1. (a) As provided by 52 U.S.C. 21082, this section applies to the following individuals:

(1) An individual:

(A) whose name does not appear on the registration list; and

(B) who is challenged under IC 3-10-1 or IC 3-11-8 after the voter makes an oral or a written affirmation under IC 3-7-48-5 or IC 3-7-48-7 or after the voter produces a certificate of error under IC 3-7-48-1.

(2) An individual described by IC 3-10-1-10.5, IC 3-11-8-23.5, or IC 3-11-8-27.5 who is challenged as not eligible to vote.

(3) An individual who seeks to vote in an election as a result of a court order (or any other order) extending the time established for closing the polls under IC 3-11-8-8.

(b) As required by 52 U.S.C. 21083, a voter who has registered to vote but has not:

(1) presented identification required under 52 U.S.C. 21083 to the poll clerk before voting in person under IC 3-11-8-25.1; or

(2) filed a copy of the identification required under 52 U.S.C. 21083 to the county voter registration office before the voter's absentee ballot is cast;

is entitled to vote a provisional ballot under this article.

(1) presented documentation required under IC 3-7-33-4.7 to the poll clerk before voting in person; or

(2) filed a copy of the identification required under IC 3-7-33-4.7 with the county voter registration office before the voter's absentee ballot is cast;

is entitled to vote a provisional ballot under this article.

(d) A precinct election officer shall inform an individual described by subsection (a)(1) or (a)(2) that the individual may cast a provisional ballot if the individual:

(1) is eligible to vote under IC 3-7-13-1;

(2) submitted a voter registration application during the registration period described by IC 3-7-13-10; and

(3) executes an affidavit described in IC 3-10-1-9 or IC 3-11-8-23.

(e) A precinct election officer shall inform an individual described by subsection (a)(3) that the individual may cast a provisional ballot.

As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.171; P.L.164-2006, SEC.121; P.L.219-2013, SEC.61; P.L.128-2015, SEC.201; P.L.65-2024, SEC.30.

IC 3-11.7-2-2Duties of voter; instructions to voter Sec. 2. (a) A provisional voter shall do the following:

(1) Execute the affidavit described in IC 3-10-1-9 or IC 3-11-8-23.

(2) Sign the poll list.

(3) Mark the ballot in the presence of no other person, unless the voter requests help in marking a ballot under IC 3-11-9.

(4) Fold each ballot separately.

(5) Fold each ballot so as to conceal the marking.

(6) Enclose each ballot, with the seal and signature of the circuit court clerk on the outside, together with any unused ballot, in the envelope provided by the county election board under IC 3-11.7-1-8.

(7) Securely seal the envelope.

(b) A provisional voter may mark a ballot with a pen or a lead pencil.

(c) This subsection applies to a provisional voter described in section 1(a)(1), 1(a)(2), or 1(a)(3) of this chapter. As provided by 52 U.S.C. 21082, a precinct election officer shall give the provisional voter a copy of the written instructions prescribed by the county election board under IC 3-11.7-6-3 after the voter returns the envelope containing the provisional voter's ballots.

(d) This subsection applies to a provisional voter described in section 1(a), 1(b), or 1(c) of this chapter. In addition to the written instructions required by subsection (c), a precinct election officer shall provide the provisional voter, both orally and in writing, an explanation of what actions, if any, the provisional voter must take in order to have the provisional voter's ballot counted. The election division shall prescribe the form of the explanation required by this subsection.

As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.172; P.L.128-2015, SEC.202; P.L.157-2019, SEC.36; P.L.193-2021, SEC.76; P.L.115-2022, SEC.11; P.L.65-2024, SEC.31.

IC 3-11.7-2-3Duties of precinct election board; affidavits and envelopes; provisional ballots; ballots cast after regular polling hours Sec. 3. (a) The precinct election board shall affix to the envelope the challenger's affidavit and the affidavit executed by the provisional voter under section 1 of this chapter.

(b) The form of the envelope is prescribed under IC 3-6-4.1-14. The envelope must permit a member of a precinct election board to indicate whether the voter has been issued a provisional ballot as the result of a challenge based on the voter's inability or declination to provide proof of identification.

(c) Except as provided in subsection (d) and in accordance with 52 U.S.C. 21082, the precinct election board shall securely keep the sealed envelope, along with the affidavits affixed to the envelope, in another envelope or container marked "Provisional Ballots".

(d) This subsection applies to the sealed envelope and the affidavits affixed to the envelope of a provisional voter described in section 1(a)(3) of this chapter. As required by 52 U.S.C. 21082, the precinct election board shall keep the sealed envelope or container separate from the envelope or container described in subsection (c). The envelope or container described in this subsection must be labeled "Provisional Ballots Issued After Regular Poll Closing Hours".

As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.173; P.L.109-2005, SEC.11; P.L.128-2015, SEC.203.

IC 3-11.7-2-4Handling provisional ballots at close of polls Sec. 4. As required by 52 U.S.C. 21082, at the close of the polls, the precinct election board shall do the following:

(1) Seal:

(A) all the provisional ballots; and

(B) any spoiled provisional ballots;

of provisional voters other than provisional voters described in section 1(a)(3) of this chapter in the container described in section 3(b) of this chapter and mark on the container the number of provisional ballots contained.

(2) Seal:

(A) all the provisional ballots; and

(B) any spoiled provisional ballots;

of provisional voters described in section 1(a)(3) of this chapter in the container described in section 1(a)(3) of this chapter and mark on the container the number of provisional ballots contained.

The inspector shall return the container with all the provisional ballots to the circuit court clerk after the close of the polls.

As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.174; P.L.128-2015, SEC.204.

IC 3-11.7-3Chapter 3. Provisional Ballot Counters

3-11.7-3-1Appointment of provisional ballot counter teams 3-11.7-3-2Qualifications for provisional ballot counters 3-11.7-3-3Recommendation of provisional ballot counters by county chairmen 3-11.7-3-4Deadline for recommendation by county chairmen 3-11.7-3-5Failure of county chairman to recommend; appointment of provisional ballot counters by county election board 3-11.7-3-6Absentee ballot counters may serve as provisional ballot counters 3-11.7-3-7Compensation of provisional ballot counters 3-11.7-3-8Absentee ballot counter, provisional ballot counter not lucrative office

IC 3-11.7-3-1Appointment of provisional ballot counter teams Sec. 1. Each county election board shall appoint teams of provisional ballot counters consisting of two (2) voters of the county, one (1) from each of the two (2) political parties that have appointed members on the county election board.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-3-2Qualifications for provisional ballot counters Sec. 2. An otherwise qualified person is eligible to serve as a counter unless the person:

(1) is unable to read, write, and speak the English language;

(2) has any property bet or wagered on the result of the election;

(3) is a candidate to be voted for at the election in any part of the county, except as an unopposed candidate for precinct committeeman or state convention delegate; or

(4) is the spouse, parent, father-in-law, mother-in-law, child, son-in-law, daughter-in-law, grandparent, grandchild, brother, sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece of a candidate or declared write-in candidate to be voted for at the election in any part of the county, except as an unopposed candidate. This subdivision disqualifies a person whose relationship to the candidate is the result of birth, marriage, or adoption.

As added by P.L.126-2002, SEC.87. Amended by P.L.14-2004, SEC.151.

IC 3-11.7-3-3Recommendation of provisional ballot counters by county chairmen Sec. 3. Not later than noon ten (10) days before an election, each county election board shall notify the county chairmen of the two (2) political parties that have appointed members on the county election board of the number of teams of counters to be appointed under this section.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-3-4Deadline for recommendation by county chairmen Sec. 4. The county chairmen shall make written recommendations for the appointments to the county election board not later than noon three (3) days before the election. The county election board shall make the appointments as recommended.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-3-5Failure of county chairman to recommend; appointment of provisional ballot counters by county election board Sec. 5. If a county chairman fails to make any recommendations not later than the deadline specified under section 4 of this chapter, the county election board may appoint any voters of the county who comply with section 2 of this chapter.

As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.175; P.L.14-2004, SEC.152.

IC 3-11.7-3-6Absentee ballot counters may serve as provisional ballot counters Sec. 6. An individual serving as an absentee ballot counter under IC 3-11.5-4-22 may also serve as a provisional ballot counter under this chapter.

As added by P.L.126-2002, SEC.87. Amended by P.L.278-2019, SEC.130.

IC 3-11.7-3-7Compensation of provisional ballot counters Sec. 7. A provisional ballot counter is entitled to a per diem at a rate set by the county fiscal body.

As added by P.L.278-2019, SEC.131.

IC 3-11.7-3-8Absentee ballot counter, provisional ballot counter not lucrative office Sec. 8. For purposes of Article 2, Section 9 of the Constitution of the State of Indiana, the position of absentee ballot counter or provisional ballot counter is not a lucrative office.

As added by P.L.109-2021, SEC.68.

IC 3-11.7-4Chapter 4. Watchers for Political Parties, Candidates, and the Media

3-11.7-4-1Applicability of statutes governing watchers 3-11.7-4-2Rights and requirements of watchers appointed by parties or independent candidates 3-11.7-4-3Rights and requirements of watchers appointed by candidates 3-11.7-4-4Rights and requirements of watchers appointed by media

IC 3-11.7-4-1Applicability of statutes governing watchers Sec. 1. The following apply for the purposes of IC 3-6-8, IC 3-6-9, and IC 3-6-10:

(1) The location for counting provisional ballots shall be treated the same as a precinct poll.

(2) A provisional ballot counter shall be treated the same as a precinct election official.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-4-2Rights and requirements of watchers appointed by parties or independent candidates Sec. 2. (a) Political parties or independent candidates described in IC 3-6-8-1 may appoint watchers at the location for counting provisional ballots.

(b) A watcher appointed under this section:

(1) has the rights; and

(2) must follow the requirements;

set forth in IC 3-6-8.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-4-3Rights and requirements of watchers appointed by candidates Sec. 3. (a) A candidate entitled to appoint a watcher under IC 3-6-9 may appoint a watcher at the location for counting provisional ballots.

(b) A watcher appointed under this section:

(1) has the rights; and

(2) must follow the requirements;

set forth in IC 3-6-9.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-4-4Rights and requirements of watchers appointed by media Sec. 4. (a) Media entitled to appoint a watcher under IC 3-6-10 may appoint a watcher at the location for counting provisional ballots.

(b) A watcher appointed under this section:

(1) has the rights; and

(2) must follow the requirements;

set forth in IC 3-6-10.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5Chapter 5. Counting Provisional Ballots

3-11.7-5-1Requirements and deadlines for counting ballots 3-11.7-5-1.5Provisional ballot; counting when ballot made invalid by mistake or inadvertence of election officer; when election board may determine not to count 3-11.7-5-1.7Effect of affidavit evidence on counting provisional ballot 3-11.7-5-2Criteria for determining validity of ballots 3-11.7-5-2.5Determining validity of provisional ballot 3-11.7-5-2.7Determination of validity of provisional ballot; nondisclosure of identifying information 3-11.7-5-3Consequence for ballots not satisfying criteria 3-11.7-5-4Valid ballots; opening and marking 3-11.7-5-5Ballots rejected; absence of poll clerks' initials 3-11.7-5-6Repealed 3-11.7-5-7Counting ballots by laying on table 3-11.7-5-8Reading names of candidates; ballot questions 3-11.7-5-9Protest counting of ballots 3-11.7-5-10Referral of protested ballot to county election board 3-11.7-5-11Counters signing protested ballots 3-11.7-5-12Noting whether protested ballot counted 3-11.7-5-13Separate counting of ballots from other precincts 3-11.7-5-14Counting of ballots by more than one set of counters 3-11.7-5-15Counting write-in ballots 3-11.7-5-16Certificate of provisional vote count 3-11.7-5-17Entry and memorandum of vote count 3-11.7-5-18Delivery of certificates and tally papers to county election board 3-11.7-5-19Securing ballots, certificates, and tally papers; delivery 3-11.7-5-20Oath of ballot counters 3-11.7-5-21Filing ballot counters' oaths 3-11.7-5-22Secure storage of ballots and papers 3-11.7-5-23Locks on stored ballots and papers 3-11.7-5-24Time for storage of ballots and papers 3-11.7-5-25Time for retention of ballots and papers when election contested 3-11.7-5-26Destruction of stored ballots and papers 3-11.7-5-27Contract with state educational institution for disposal of ballots 3-11.7-5-28News media certificate of provisional ballot totals 3-11.7-5-29Delivery of news media certificate 3-11.7-5-30Provisional ballot cast by voter registered in county not where provisional ballot cast; notification of county in which voter is registered

IC 3-11.7-5-1Requirements and deadlines for counting ballots Sec. 1. (a) After the close of the polls, provisional ballots shall be counted as provided in this chapter.

(b) Notwithstanding IC 3-5-4-1.5 and any legal holiday observed under IC 1-1-9, all provisional ballots must be counted by not later than 3 p.m. ten (10) days following the election.

As added by P.L.126-2002, SEC.87. Amended by P.L.14-2004, SEC.153; P.L.221-2005, SEC.56; P.L.164-2006, SEC.122; P.L.225-2011, SEC.75.

IC 3-11.7-5-1.5Provisional ballot; counting when ballot made invalid by mistake or inadvertence of election officer; when election board may determine not to count Sec. 1.5. (a) Subsection (c) applies to a provisional ballot that the county election board determines, by a majority vote of its members and in accordance with this title:

(1) has been marked and cast by a voter in compliance with this title; but

(2) may not otherwise be counted solely as the result of the act or failure to act of an election officer.

(b) Subsection (c) does not apply to either of the following:

(1) A provisional ballot cast by an individual who seeks to vote in an election as the result of a court or other order extending the time established for closing the polls under IC 3-11-8-8 if the county election board determines or is directed under a court or other order that all provisional ballots issued after regular poll closing hours are not to be counted.

(2) A provisional ballot that is required to be rejected by a county election board under section 2(b) of this chapter as the result of information or lack of information provided by a voter registration agency.

(c) The sealed envelope containing a provisional ballot described in subsection (a) shall nevertheless be opened under section 4 of this chapter and the provisional ballot counted unless evidence of fraud, tampering, or misconduct affecting the integrity of the ballot is demonstrated. The act or failure to act by an election officer is not by itself evidence of fraud, tampering, or misconduct affecting the integrity of the ballot.

(d) Notwithstanding subsection (c), if the county election board, by a majority vote of its members, determines that there is evidence presented to the board demonstrating that the individual who cast the provisional ballot was ineligible to cast a regular ballot in that precinct, or evidence has been presented to the board demonstrating any other reason set forth in HAVA or this title not to count a provisional ballot, the provisional ballot may not be counted.

(e) This subsection applies to a provisional ballot cast by a voter after the voter was challenged solely because the voter was unable or declined to provide proof of identification and not for any other reason. If the voter later complies with the requirements of this title for proof of identification, the provisional ballot cast by the voter shall be counted in accordance with sections 2 and 2.5 of this chapter.

As added by P.L.221-2005, SEC.99. Amended by P.L.164-2006, SEC.123; P.L.278-2019, SEC.132.

IC 3-11.7-5-1.7Effect of affidavit evidence on counting provisional ballot Sec. 1.7. (a) This section does not apply to a provisional ballot cast by a voter for any of the following reasons:

(1) The provisional ballot was cast by the voter under a court order extending the hours that the polls were open.

(2) The provisional ballot was cast by a voter who is not on the poll list who indicates that the voter applied to register at a voter registration agency.

(3) The provisional ballot was cast by the voter after the voter was challenged solely due to the voter being unable or declining to provide proof of identification.

(4) The provisional ballot was cast by the voter after the voter was challenged solely due to the voter's failure to provide additional documentation.

(b) If the only evidence before the county election board on the question of counting of the provisional ballot cast by the voter is:

(1) the affidavit of the voter who cast the provisional ballot; and

(2) the affidavit of a challenger challenging the voter who cast the provisional ballot;

the provisional ballot shall be counted if the individual is a registered voter of that precinct.

As added by P.L.278-2019, SEC.133. Amended by P.L.141-2020, SEC.14; P.L.193-2021, SEC.77.

IC 3-11.7-5-2Criteria for determining validity of ballots Sec. 2. (a) Except as provided in section 5 of this chapter, if the county election board determines that all the following apply, a provisional ballot is valid and shall be counted under this chapter:

(1) The affidavit executed by the provisional voter under IC 3-11.7-2-1 is properly executed.

(2) The provisional voter is a qualified voter of the precinct and has provided proof of identification, if required, under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26.

(3) Based on all the information available to the county election board, including:

(A) information provided by the provisional voter;

(B) information contained in the county's voter registration records; and

the provisional voter registered to vote at a registration agency under this article on a date within the registration period.

(b) If the provisional voter has provided information regarding the registration agency where the provisional voter registered to vote, the board shall promptly make an inquiry to the agency regarding the alleged registration. The agency shall respond to the board not later than noon of the first Friday after the election, indicating whether the agency's records contain any information regarding the registration. If the agency does not respond to the board's inquiry, or if the agency responds that the agency has no record of the alleged registration, the board shall reject the provisional ballot. The board shall endorse the ballot with the word "Rejected" and document on the ballot the inquiry and response, if any, by the agency.

(c) Except as provided in section 5 of this chapter, a provisional ballot cast by a voter described in IC 3-11.7-2-1(b) is valid and shall be counted if the county election board determines under this article that the voter filed the documentation required under IC 3-7-33-4.5 and 52 U.S.C. 21083 with the county voter registration office not later than the closing of the polls on election day.

(d) Except as provided in section 5 of this chapter, a provisional ballot cast by a voter described in IC 3-11.7-2-1(c) is valid and shall be counted if the county election board determines under this article that the voter filed the documentation required under IC 3-7-33-4.7 with the county voter registration office not later than the closing of the polls on election day.

As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.176; P.L.109-2005, SEC.12; P.L.103-2005, SEC.15; P.L.128-2015, SEC.205; P.L.65-2024, SEC.32.

IC 3-11.7-5-2.5Determining validity of provisional ballot Sec. 2.5. (a) A voter who:

(1) was challenged under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26 as a result of the voter's inability or declination to provide proof of identification; and

(2) cast a provisional ballot;

may personally appear before the circuit court clerk or the county election board not later than noon ten (10) days following the election.

(b) Except as provided in subsection (c) or (e), if the voter:

(1) provides proof of identification to the circuit court clerk or county election board; and

(2) executes an affidavit before the clerk or board, in the form prescribed by the election division, affirming under the penalties of perjury that the voter is the same individual who:

(A) personally appeared before the precinct election board; and

(B) cast the provisional ballot on election day;

the county election board shall find that the voter's provisional ballot is valid and direct that the provisional ballot be opened under section 4 of this chapter and processed in accordance with this chapter.

(c) If the voter executes an affidavit before the circuit court clerk or county election board, in the form prescribed by the election division, affirming under the penalties of perjury that:

(1) the voter is the same individual who:

(A) personally appeared before the precinct election board or absentee board; and

(B) cast the provisional ballot on election day; and

(2) the voter:

(A) is:

(i) indigent; and

(ii) unable to obtain proof of identification without the payment of a fee; or

(B) has a religious objection to being photographed;

the county election board shall determine whether the voter has been challenged for any reason other than the voter's inability or declination to present proof of identification to the precinct election board or absentee board.

(d) If the county election board determines that the voter described in subsection (c) has been challenged solely for the inability or declination of the voter to provide proof of identification, the county election board shall:

(1) find that the voter's provisional ballot is valid; and

(2) direct that the provisional ballot be:

(A) opened under section 4 of this chapter; and

(B) processed in accordance with this chapter.

(e) If the county election board determines that a voter described in subsection (b) or (c) has been challenged for a cause other than the voter's inability or declination to provide proof of identification, the board shall:

(1) note on the envelope containing the provisional ballot that the voter has complied with the proof of identification requirement; and

(2) proceed to determine the validity of the remaining challenges set forth in the challenge affidavit before ruling on the validity of the voter's provisional ballot.

(f) If a voter described by subsection (a) fails by the deadline for counting provisional ballots referenced in subsection (a) to:

(1) appear before the county election board; and

(2) execute an affidavit in the manner prescribed by subsection (b) or (c);

the county election board shall find that the voter's provisional ballot is invalid.

As added by P.L.109-2005, SEC.13. Amended by P.L.103-2005, SEC.16; P.L.225-2011, SEC.76; P.L.169-2015, SEC.147; P.L.157-2019, SEC.37.

IC 3-11.7-5-2.7Determination of validity of provisional ballot; nondisclosure of identifying information Sec. 2.7. During the county election board's consideration of the validity of a provisional ballot, the board shall not publicly identify the individual who cast the ballot by name or any identifying number, but shall refer to the ballot in terms sufficient to preserve the record regarding the board's determination regarding the validity of the provisional ballot.

As added by P.L.64-2014, SEC.66.

IC 3-11.7-5-3Consequence for ballots not satisfying criteria Sec. 3. (a) If the board determines that the affidavit executed by the provisional voter has not been properly executed, that the provisional voter is not a qualified voter of the precinct, that the voter failed to provide proof of identification when required under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26, or that the provisional voter did not register to vote at a registration agency under this article on a date within the registration period, the board shall make the following findings:

(1) The provisional ballot is invalid.

(2) The provisional ballot may not be counted.

(3) The provisional ballot envelope containing the ballots cast by the provisional voter may not be opened.

(b) If the county election board determines that a provisional ballot is invalid, a notation shall be made on the provisional ballot envelope: "Provisional ballot determined invalid".

As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.177; P.L.109-2005, SEC.14; P.L.103-2005, SEC.17.

IC 3-11.7-5-4Valid ballots; opening and marking Sec. 4. If the board determines that a provisional ballot is valid under section 2 of this chapter, the provisional ballot envelope shall be opened. The outside of each provisional ballot shall also be marked to identify the precinct and the date of the election of the ballots.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-5Ballots rejected; absence of poll clerks' initials Sec. 5. (a) If any ballot cast by a provisional voter does not contain the initials of the poll clerks, the ballot shall, without being unfolded to disclose how the ballot is marked, be endorsed with the word "Rejected".

(b) All rejected provisional ballots shall be enclosed and securely sealed in an envelope on which is written "Rejected provisional ballots.".

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-6RepealedAs added by P.L.126-2002, SEC.87. Repealed by P.L.230-2005, SEC.91.

IC 3-11.7-5-7Counting ballots by laying on table Sec. 7. The provisional ballots shall be counted by laying each ballot upon a table in the order in which the ballots were opened.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-8Reading names of candidates; ballot questions Sec. 8. (a) During the counting of the ballots, one (1) counter shall read the name of the candidates and ballot questions voted for from the ballots.

(b) A:

(1) member of the county election board who is not a member of the same political party as the counter; or

(2) representative designated by the member;

shall view the ballots as the names and ballot questions are read.

As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.178.

IC 3-11.7-5-9Protest counting of ballots Sec. 9. During the counting of the ballots:

(1) the counter counting the ballots;

(2) a member of the county election board; or

(3) a representative designated by the member;

may protest the counting of any ballot or any part of a ballot.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-10Referral of protested ballot to county election board Sec. 10. If the counters cannot agree whether to count a ballot following a protest under section 9 of this chapter, the question shall be referred to the county election board for a decision.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-11Counters signing protested ballots Sec. 11. Following a decision by the counters or the county election board, the counters shall sign each protested ballot.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-12Noting whether protested ballot counted Sec. 12. If a ballot or any part of a ballot is protested and the protest is resolved, the counter immediately shall write on the back of the protested ballot the word "counted" or "not counted", as appropriate.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-13Separate counting of ballots from other precincts Sec. 13. A counter may not count provisional ballots for a precinct under this chapter while counting provisional ballots for any other precinct.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-14Counting of ballots by more than one set of counters Sec. 14. (a) This section applies if at least two (2) sets of counters in a county are counting provisional ballots under this chapter.

(b) A set of counters may count provisional ballots from a precinct while another set of counters is counting provisional ballots from another precinct in the county if each set of counters counts the ballots in compliance with section 8 of this chapter.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-15Counting write-in ballots Sec. 15. (a) This section applies to the counting of write-in provisional ballots.

(c) If a voter casts a ballot under this section for President or Vice President of the United States and writes in the name of a candidate or political party that has not certified a list of presidential electors and alternate presidential electors under IC 3-10-4-5, the vote for President or Vice President of the United States is void. The remaining votes on the ballot may be counted.

(d) IC 3-12-1-7 applies to write-in provisional ballots.

As added by P.L.126-2002, SEC.87. Amended by P.L.201-2017, SEC.35.

IC 3-11.7-5-16Certificate of provisional vote count Sec. 16. When all the votes have been counted, the counters shall prepare a certificate stating the number of votes that each candidate received for each office and the number of votes cast on each public question.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-17Entry and memorandum of vote count Sec. 17. The number of votes that each candidate and public question received shall be written in words and numbers. The counters shall prepare a memorandum of the total votes cast for each candidate and on each public question and ensure that each member of the county election board receives a copy of the memorandum.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-18Delivery of certificates and tally papers to county election board Sec. 18. The counters shall deliver the certificates prepared under section 16 of this chapter and the tally papers to the county election board immediately upon the tabulation of the vote in each precinct.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-19Securing ballots, certificates, and tally papers; delivery Sec. 19. As soon as the ballots have been counted, the counters shall do the following in the presence of the county election board:

(1) Place in a strong paper envelope or bag the following:

(A) All provisional ballots, voted and spoiled.

(B) All provisional ballots:

(i) determined invalid under section 3 of this chapter; or

(ii) rejected under section 5 of this chapter.

(D) All provisional ballot envelopes.

(E) All executed affidavits relating to the provisional ballots.

(F) The tally papers.

(2) Securely seal the envelope or bag.

(3) Have both counters initial the envelope or bag.

(4) Plainly mark on the outside of the envelope or bag in ink the precinct in which the provisional ballots were cast.

(5) Deliver the envelope or bag to the circuit court clerk.

(6) Notify the circuit court clerk of the number of ballots placed in the envelope or bag.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-20Oath of ballot counters Sec. 20. Upon delivery of the envelope or bag to the circuit court clerk, each counter shall take and subscribe an oath before the clerk stating that the counter:

(1) securely kept the ballots and papers in the envelope or bag;

(2) did not permit any person to open the envelope or bag or to otherwise touch or tamper with the ballots; and

(3) has no knowledge of any other person opening the envelope or bag.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-21Filing ballot counters' oaths Sec. 21. The circuit court clerk shall file the oath taken under section 20 of this chapter with the clerk's other election documents.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-22Secure storage of ballots and papers Sec. 22. The circuit court clerk shall place the envelope or bag in a receptacle provided by the county executive with two (2) different locks.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-23Locks on stored ballots and papers Sec. 23. The circuit court clerk shall do the following:

(1) Lock the receptacle provided under section 22 of this chapter.

(2) Retain one (1) key to one (1) lock of the receptacle.

(3) Give one (1) key to the other lock of the receptacle to the member of the county election board who is not a member of the same political party as the clerk.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-24Time for storage of ballots and papers Sec. 24. The circuit court clerk shall preserve the receptacle containing the envelope or bag in the clerk's office for the period required under IC 3-10-1-31.1.

As added by P.L.126-2002, SEC.87. Amended by P.L.14-2004, SEC.154; P.L.193-2021, SEC.78.

IC 3-11.7-5-25Time for retention of ballots and papers when election contested Sec. 25. If the election is contested, the clerk shall preserve the receptacle containing the envelope or bag as long as the contest is undetermined. During that period, the clerk shall keep the receptacle securely locked, subject only to an order of the court trying a contest.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-26Destruction of stored ballots and papers Sec. 26. When permitted under IC 3-10-1-31.1, the clerk and a county election board member of the opposite political party shall remove the envelope or bag from the receptacle and destroy the envelope or bag.

As added by P.L.126-2002, SEC.87. Amended by P.L.14-2004, SEC.155; P.L.193-2021, SEC.79.

IC 3-11.7-5-27Contract with state educational institution for disposal of ballots Sec. 27. A county election board may contract with a state educational institution to dispose of the ballots. The contract must provide that:

(1) the ballots will be used by the state educational institution to conduct election research; and

(2) the state educational institution may not receive any ballots under this section until the period for retention under IC 3-10-1-31.1 has expired.

As added by P.L.126-2002, SEC.87. Amended by P.L.14-2004, SEC.156; P.L.2-2007, SEC.14; P.L.193-2021, SEC.80.

IC 3-11.7-5-28News media certificate of provisional ballot totals Sec. 28. Immediately upon completion of the vote count, the counters shall make and sign a certificate for the news media showing the total number of provisional ballot votes received by each candidate and on each public question in the precinct.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-29Delivery of news media certificate Sec. 29. The counters shall deliver the certificate to the circuit court clerk as soon as the certificate is completed. The circuit court clerk shall deliver the certificate made for the news media to any person designated to receive the certificate by the editors of the newspapers published in the county or by the managers of the radio and television stations operating in the county immediately upon the completion of the certificate, but not before the closing of the polls.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-30Provisional ballot cast by voter registered in county not where provisional ballot cast; notification of county in which voter is registered Sec. 30. (a) This section applies to a provisional ballot that the county election board determines was cast by an individual who is registered to vote in an Indiana county other than the county in which the provisional ballot was cast.

(b) The county election board shall do both of the following:

(1) Notify the county election board of the county in which the individual is registered to vote of the determination made under subsection (a).

(2) Transmit a copy of the challenge affidavits executed under this article to the county voter registration office of the county in which the individual is registered to vote.

As added by P.L.278-2019, SEC.134.

IC 3-11.7-6Chapter 6. Additional Provisions Relating to Provisional Ballots

3-11.7-6-1Canvassing returns 3-11.7-6-2Recounts; precinct of voter residence 3-11.7-6-3Establishment of free access system for provisional voter to determine whether vote is counted; entry of information into computerized list; access of information by individual; confidentiality; written instructions 3-11.7-6-4Repealed

IC 3-11.7-6-1Canvassing returns Sec. 1. (a) Provisional ballot counters shall conduct the activities conducted by precinct election officials under IC 3-12-4.

(b) The returns of provisional ballot counters shall be treated the same as the returns of a precinct election board under IC 3-12-4.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-6-2Recounts; precinct of voter residence Sec. 2. A provisional ballot is considered to be cast in the precinct in which the voter who cast the ballot resides for the purpose of the following:

(1) IC 3-12-6.

(2) IC 3-12-11.

(3) IC 3-12-12.

As added by P.L.126-2002, SEC.87.

IC 3-11.7-6-3Establishment of free access system for provisional voter to determine whether vote is counted; entry of information into computerized list; access of information by individual; confidentiality; written instructions Sec. 3. (a) As required by 52 U.S.C. 21082, a county election board shall establish a free access system such as a toll free telephone number or a website that enables a provisional voter to determine:

(1) whether the individual's provisional ballot was counted; and

(2) if the provisional ballot was not counted, the reason the provisional ballot was not counted.

A county election board may use a module of the computerized list under IC 3-7-26.3 to comply with this subsection.

(b) The county election board shall enter the following into the computerized list:

(1) The name of the individual.

(2) The address of the individual.

(3) The day and time the county election board will meet to determine the validity of a provisional ballot under IC 3-11.7-5.

(4) Whether the individual's provisional ballot was counted.

(5) If the individual's provisional ballot was not counted, the reason the provisional ballot was not counted.

An individual who casts a provisional ballot may access the information described in this subsection pertaining to the provisional ballot of the individual through a module of the computerized list under IC 3-7-26.3.

(1) twenty-four (24) hours before the date the county election board meets under IC 3-11.7-5 to determine the validity of a provisional ballot cast by an individual; or

(2) three (3) days after the election;

the provisional ballot information described in subsection (b)(1) through (b)(3) must be entered to the computerized list. The provisional ballot information described in subsection (b)(4) and (b)(5) must be entered into the computerized list not later than the date the county election board certifies the election results of the county under IC 3-12-4-9.

(d) As required by 52 U.S.C. 21082, the county election board shall establish and maintain reasonable procedures to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used on the free access system established by the board under subsection (a).

(e) As required by 52 U.S.C. 21082, the county election board shall restrict access to the free access system established under subsection (a) to the individual voter who cast the provisional ballot. This subsection does not restrict access to election materials available under IC 3-10-1-31.1.

(f) The county election board shall prescribe written instructions to inform a provisional voter how the provisional voter can determine whether the provisional voter's ballot has been counted.

As added by P.L.209-2003, SEC.179. Amended by P.L.141-2011, SEC.2; P.L.64-2014, SEC.67; P.L.128-2015, SEC.206; P.L.278-2019, SEC.135; P.L.115-2022, SEC.12; P.L.9-2024, SEC.25.

IC 3-11.7-6-4RepealedAs added by P.L.193-2021, SEC.81. Repealed by P.L.115-2022, SEC.13.

IC 3-11.7-7Chapter 7. Standards for Issuing an Order Extending the Hour for the Closing of the Polls

3-11.7-7-1Application of chapter 3-11.7-7-2Only county election board has standing in action for seeking order to extend closing of polls; unanimous vote 3-11.7-7-3Issuance of order to extend closing of polls; evidence and findings required 3-11.7-7-4Order to extend closing of polls; limitations 3-11.7-7-5Appeal of denial of order to Indiana supreme court

IC 3-11.7-7-1Application of chapter Sec. 1. This chapter applies to any order described by 52 U.S.C. 21082(c) to extend the hour for the closing of the polls fixed by IC 3-11-8-8.

As added by P.L.278-2019, SEC.136.

IC 3-11.7-7-2Only county election board has standing in action for seeking order to extend closing of polls; unanimous vote Sec. 2. (a) Only a county election board has standing in an Indiana court or with any other state governmental entity to file an action or petition to request the extension of the hour for closing the polls by the court or entity.

(b) The county election board may only file an action or petition under this section upon the unanimous vote of the entire membership of the board.

As added by P.L.278-2019, SEC.136.

IC 3-11.7-7-3Issuance of order to extend closing of polls; evidence and findings required Sec. 3. (a) Before issuing an order under this chapter, the court or entity must take evidence and make the following findings:

(1) The polls were substantially delayed in opening at the time fixed by IC 3-11-8-8.

(2) The specific precincts or vote centers in which substantial delays occurred.

(3) If a poll closed at any time during the hours specified by IC 3-11-8-8, how long the polls were closed and in which precincts and vote centers the closing occurred.

(4) Substantial evidence exists that voters were prevented from casting a ballot due to a delay or closure of the polls during the hours specified by IC 3-11-8-8.

(5) The actual harm determined can only be ameliorated by the extension of polling hours.

(6) The county election board filed written notice with the secretary of state and the election division indicating that the county election board:

(A) filed the action or petition with the court to extend hours; and

(B) received confirmation from the court of the receipt of the filings.

(b) If the court is unable to make the applicable findings regarding a delay in opening or a subsequent closure of the polls described in subsection (a), the court shall not issue an order extending the polling hours specified under IC 3-11-8-8.

As added by P.L.278-2019, SEC.136. Amended by P.L.141-2020, SEC.15.

IC 3-11.7-7-4Order to extend closing of polls; limitations Sec. 4. If the court or state governmental entity determines that an order extending the hour for the closing of the polls is to be issued, the court or entity must:

(1) limit the extension only to those polls whose opening was delayed or which closed during the hours set forth in IC 3-11-8-8; and

(2) extend the hours for the polls at the precinct or vote center for a period of time not more than the time that the polls were closed during the hours set forth in IC 3-11-8-8.

As added by P.L.278-2019, SEC.136.

IC 3-11.7-7-5Appeal of denial of order to Indiana supreme court Sec. 5. (a) The county election board may appeal any denial of an order extending the hour for closing the polls issued under this section to the Indiana supreme court under the same terms, conditions, and standards that govern appeals in ordinary civil actions affecting substantial public questions.

(b) An assignment of errors that the court or state governmental entity's final action is contrary to law is sufficient to present both:

(1) the sufficiency of the facts found to sustain the court or state governmental entity's action; and

(2) the sufficiency of the evidence to sustain the findings of fact upon which the court or state governmental entity's action was rendered.

As added by P.L.278-2019, SEC.136.

IC 3-12ARTICLE 12. ASCERTAINING RESULTS OF ELECTIONS

Ch. 1.Rules for Counting Ballots Ch. 2.Counting of Paper Ballot Votes Ch. 2.5.Repealed Ch. 3.Counting Ballot Card Votes Ch. 3.5.Counting of Electronic Voting System Votes Ch. 4.Canvassing Returns by County Election Board Ch. 5.Certificates of Election and Commissions Ch. 6.Recount Procedures for Nomination for and Election to Local and School Board Offices Ch. 7.Repealed Ch. 8.Contest Procedures for Nomination for or Election to Local or School Board Offices Ch. 9.Resolving Tie Votes Ch. 10.State Recount Commission Ch. 11.Recount and Contest Procedures for Presidential Primary Elections and Nomination for and Election to Federal, State, and Legislative Offices Ch. 12.Recount Procedures for Public Questions Ch. 13.Risk-Limiting Audits Ch. 14.Election Procedure Audits

IC 3-12-1Chapter 1. Rules for Counting Ballots

3-12-1-1Intent of voter primary factor to consider in determining voter's choice on ballot 3-12-1-1.2Chapter establishes standards to define vote 3-12-1-1.5"Election officer" defined 3-12-1-1.7Write-in votes 3-12-1-2Ballot void if not properly endorsed; not applicable to absentee ballots 3-12-1-3Ballot void if it bears distinguishing mark or mutilation 3-12-1-4Ballot void for extrinsic act; erasures 3-12-1-5Counting voting marks 3-12-1-5Counting voting marks 3-12-1-6Voting mark on or in voting square; public questions 3-12-1-7Straight party ticket voting; counting multiple votes 3-12-1-7Straight party ticket voting; counting multiple votes 3-12-1-7.1Straight party vote for school board candidate 3-12-1-7.5Counting write-in votes 3-12-1-8Voting mark on political party device circle; individual votes required for certain candidates 3-12-1-8Voting mark on political party device circle; individual votes required for certain candidates 3-12-1-9Counting voting marks; voting marks not counted; certification of voting systems that can detect voting marks 3-12-1-9.5Remake of damaged or defective ballot card; conditions 3-12-1-10Void ballot 3-12-1-11Primary election; application of chapter 3-12-1-12Application to votes cast by any method; counting vote made invalid by mistake or inadvertence of election officer 3-12-1-13Absentee ballots; necessary endorsements 3-12-1-14Counting of vote cast for candidate who ceases to be candidate 3-12-1-15Counting straight party vote for successor candidate; exceptions 3-12-1-15Counting straight party vote for successor candidate; exceptions 3-12-1-16Vote cast for former candidate 3-12-1-17Absentee ballot received from overseas voter by mail; arrival time; when to count 3-12-1-18Federal write-in absentee ballot cast in primary election by absent uniformed services voter or overseas voter; voter actions that void ballot 3-12-1-19Federal write-in absentee ballot cast in general, municipal, or special election by absent uniformed services voter or overseas voter; counting votes

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 3-11-17-9

What does Indiana Code § 3-11-17-9 cover?

Section 3-11-17-9 ("Anomaly reports confidential; exception") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 3-11-17-9?

A common citation format is "Indiana Code § 3-11-17-9" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 3-11-17-9 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Official text of § 3-11-17-9 at the Indiana source

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.

Indiana § 3-11-17-9 - Anomaly reports confidential; exception

§ 3-11-17-9. Anomaly reports confidential; exception

Related Indiana Legal Topics

Frequently Asked Questions About Indiana § 3-11-17-9

What does Indiana Code § 3-11-17-9 cover?

How do I cite Indiana § 3-11-17-9?

Is this the official text of Indiana law?

How does Indiana § 3-11-17-9 apply to my situation?

Sources & Verification