Indiana § 3-12-1-5 - Counting voting marks

§ 3-12-1-5. Counting voting marks

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027.

Sec. 5. (a) This subsection does not apply to a ballot card voting system or an electronic voting system. Except as provided in subsection (d), a voting mark made by a voter on or in a voting square at the left of a candidate's name or political party's name shall be counted as a vote for the candidate or candidates of the political party.

(b) This subsection applies to a ballot card voting system. A voting mark made by a voter:

(1) on or in a circle, oval, or square; or

(2) to connect a connectable arrow;

immediately below or beside a candidate's name or political party's name shall be counted as a vote for the candidate or candidates of the political party, except as provided in subsection (d).

(c) This subsection applies to a direct record electronic voting system. A voting mark made by a voter touching a touch sensitive point or button below or beside a candidate's name or political party's name shall be counted as a vote for the candidate or candidates of the political party, except as provided in subsection (d).

(d) A voter who wishes to cast a ballot for a candidate for election to a school board office or an at-large district to which more than one (1) person may be elected on a:

(1) county council;

(2) city common council;

(3) town council; or

(4) township board;

must make a voting mark for each individual candidate for whom the voter wishes to cast a vote. A straight ticket voting mark on a paper ballot, ballot card voting system, or electronic voting system shall not be counted as a straight party ticket voting mark as a vote for any candidate for an office described by this subsection.

[Pre-1986 Recodification Citation: 3-1-25-18(b).]

As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.35; P.L.219-2013, SEC.62; P.L.21-2016, SEC.22; P.L.278-2019, SEC.137; P.L.195-2025, SEC.14.

IC 3-12-1-5Counting voting marks Note: This version of section effective 1-1-2027. See also preceding version of this section, effective until 1-1-2027.

Sec. 5. (a) This subsection does not apply to a ballot card voting system or an electronic voting system. Except as provided in subsection (d), a voting mark made by a voter on or in a voting square at the left of a candidate's name or political party's name shall be counted as a vote for the candidate or candidates of the political party.

(b) This subsection applies to a ballot card voting system. A voting mark made by a voter:

(1) on or in a circle, oval, or square; or

(2) to connect a connectable arrow;

immediately below or beside a candidate's name or political party's name shall be counted as a vote for the candidate or candidates of the political party, except as provided in subsection (d).

(c) This subsection applies to a direct record electronic voting system. A voting mark made by a voter touching a touch sensitive point or button below or beside a candidate's name or political party's name shall be counted as a vote for the candidate or candidates of the political party, except as provided in subsection (d).

(d) A voter who wishes to cast a ballot for a candidate for election to a school board office must make a voting mark for each individual candidate for whom the voter wishes to cast a vote. A straight ticket voting mark on a paper ballot, ballot card voting system, or electronic voting system shall not be counted as a straight party ticket voting mark as a vote for any candidate for a school board office.

[Pre-1986 Recodification Citation: 3-1-25-18(b).]

As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.35; P.L.219-2013, SEC.62; P.L.21-2016, SEC.22; P.L.278-2019, SEC.137; P.L.195-2025, SEC.14; P.L.99-2026, SEC.12.