Indiana § 3-14-5-1 - Affidavit against illegal voter

§ 3-14-5-1. Affidavit against illegal voter

Sec. 1. (a) This section applies during an election whenever a voter makes an affidavit before the inspector in a precinct that a person who has offered to vote is an illegal voter in the precinct. This section does not apply to an affidavit executed by an individual who:

(1) is subject to the requirements set forth in IC 3-7-33-4.5 or IC 3-7-33-4.7;

(2) is challenged solely as a result of the individual's inability or refusal to comply with IC 3-7-33-4.5 or IC 3-7-33-4.7; and

(3) subsequently complies with IC 3-7-33-4.5 or IC 3-7-33-4.7, as applicable, before the close of the polls on election day.

(b) Immediately after the close of the polls the inspector shall deliver the affidavit to the county election board. After the final date and hour for filing a recount or contest and the county election board has completed the county election board's canvas of the returns, the county election board shall forward the affidavits to the prosecuting attorney for the county under section 2 of this chapter. The prosecuting attorney for the county shall:

(1) proceed as if the affidavit had been made before the prosecuting attorney; and

(2) ensure that the grand jury notifies the NVRA official under section 2 of this chapter if a violation of NVRA appears to have occurred.

As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.90; P.L.2-1996, SEC.207; P.L.3-1997, SEC.407; P.L.230-2005, SEC.66; P.L.157-2019, SEC.38; P.L.65-2024, SEC.33.