Indiana § 3-6-5-35 - Failure to perform duty as precinct election officer, absentee voter board member, or absentee ballot counter; removal; assessment of civil penalty

§ 3-6-5-35. Failure to perform duty as precinct election officer, absentee voter board member, or absentee ballot counter; removal; assessment of civil penalty

Sec. 35. (a) An individual who knowingly, recklessly, or negligently fails to perform a duty as:

(1) a precinct election officer;

(2) an absentee voter board member; or

(3) an absentee ballot counter;

as required by this title is subject to a civil penalty under this section in addition to any other penalty imposed.

(b) If the county election board determines, by unanimous vote of the entire membership of the board, that an individual serving in a position described in subsection (a) has failed to perform a duty required by this title, the board:

(1) may remove the individual from that position; and

(2) if the individual is removed, shall assess the individual a civil penalty of not more than five hundred dollars ($500).

(c) A civil penalty assessed under this section may be deducted from any compensation that the individual may otherwise be entitled to under IC 3-6-6.

As added by P.L.230-2005, SEC.8. Amended by P.L.278-2019, SEC.9; P.L.227-2023, SEC.15.

IC 3-6-5.1Chapter 5.1. County Procedures for Resolving Administrative Complaints Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title III of HAVA

3-6-5.1-1Repealed 3-6-5.1-2"Title III" 3-6-5.1-3County administrative complaint procedure established 3-6-5.1-4Remedies supplement other remedies under IC 3 3-6-5.1-5Procedures uniform and nondiscriminatory 3-6-5.1-6Filing complaint with circuit court clerk 3-6-5.1-7Form of complaint 3-6-5.1-8Information required in complaint 3-6-5.1-9Complaint provided to county election board and persons named in complaint 3-6-5.1-10Dismissal of complaint filed concurrently with election division 3-6-5.1-11Complaint against clerk filed with chair of county election board 3-6-5.1-12Consolidation of complaints 3-6-5.1-13Preliminary determination of validity of complaint; dismissal; notice of dismissal 3-6-5.1-14Persons to whom notice of dismissal provided 3-6-5.1-15Investigation of complaints determined valid 3-6-5.1-16Submission of investigation results to county election board; county election board report; persons provided copies of report 3-6-5.1-17Content of report 3-6-5.1-18Hearing; record 3-6-5.1-19County election board action after hearing 3-6-5.1-20Dismissal of complaint after determination of no violation 3-6-5.1-21County election board to provide remedy if authorized by law; dismissal of complaint if remedy not authorized 3-6-5.1-22Summary of county election board action; to whom provided

IC 3-6-5.1-1RepealedAs added by P.L.209-2003, SEC.17. Repealed by P.L.230-2005, SEC.91.

IC 3-6-5.1-2"Title III" Sec. 2. As used in this chapter, "Title III" refers to Title III of HAVA (52 U.S.C. 21081 through 52 U.S.C. 21085).

As added by P.L.209-2003, SEC.17. Amended by P.L.128-2015, SEC.27.

IC 3-6-5.1-3County administrative complaint procedure established Sec. 3. This chapter establishes a county based administrative complaint procedure to supplement the state based administrative complaint procedure under IC 3-6-4.5 to remedy grievances concerning uniform and nondiscriminatory election technology and administrative requirements under Title III. A person who files a complaint under this chapter retains the right to file a complaint with the election division under IC 3-6-4.5.

As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-4Remedies supplement other remedies under IC 3 Sec. 4. The remedies provided under this chapter are supplemental to any other remedies provided to an aggrieved party under this title.

As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-5Procedures uniform and nondiscriminatory Sec. 5. The procedures prescribed by this chapter must be uniform and nondiscriminatory.

As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-6Filing complaint with circuit court clerk Sec. 6. A person who believes there is a violation of any provision of Title III, including a violation that has occurred, is occurring, or is about to occur, may file a complaint with the circuit court clerk of the county where the violation occurred, is occurring, or is about to occur.

As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-7Form of complaint Sec. 7. A complaint filed under this chapter must be written, signed, and sworn to before an individual authorized to administer an oath under IC 33-42-9.

As added by P.L.209-2003, SEC.17. Amended by P.L.98-2004, SEC.27; P.L.128-2017, SEC.2.

IC 3-6-5.1-8Information required in complaint Sec. 8. The complaint filed under section 6 of this chapter must state the following:

(1) The name and mailing address of the person alleged to be committing the violation of Title III described in the complaint.

(2) Whether the person filing the complaint has filed a complaint concerning the violation with the election division under IC 3-6-4.5.

(3) The nature of the injury suffered (or about to be suffered) by the person filing the complaint.

As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-9Complaint provided to county election board and persons named in complaint Sec. 9. The circuit court clerk shall promptly provide a copy of the complaint by first class mail to the members of the county election board and the persons identified in the complaint.

As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-10Dismissal of complaint filed concurrently with election division Sec. 10. If the county election board is notified at any time that the person who filed a complaint under this chapter has filed a complaint with the election division under IC 3-6-4.5 regarding this matter, the county election board shall dismiss the proceeding under this chapter.

As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-11Complaint against clerk filed with chair of county election board Sec. 11. This section applies if the complaint alleges that the circuit court clerk has committed the violation. The aggrieved person shall file the complaint with the chair of the county election board. The chair shall perform the duties otherwise performed by the circuit court clerk concerning a complaint.

As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-12Consolidation of complaints Sec. 12. The county election board may consolidate complaints filed under this chapter.

As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-13Preliminary determination of validity of complaint; dismissal; notice of dismissal Sec. 13. The circuit court clerk shall determine whether a complaint filed under this chapter describes a violation of Title III if the facts set forth in the complaint are assumed to be true. The circuit court clerk may consult with the election division in making this determination. If the circuit court clerk determines that:

(1) even if the facts set forth in the complaint are assumed to be true, there is no violation of Title III; or

(2) that the person has not complied with section 7 of this chapter;

the circuit court clerk shall dismiss the complaint and publish notice of the order dismissing the matter in accordance with IC 5-3-1.

As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-14Persons to whom notice of dismissal provided Sec. 14. If the circuit court clerk dismisses a complaint under section 13 of this chapter, the circuit court clerk shall provide a copy of this determination by first class mail with tracking to:

(1) the person who filed the notice;

(2) the person alleged to have committed the violation;

(3) the members of the county election board; and

(4) the election division.

As added by P.L.209-2003, SEC.17. Amended by P.L.227-2023, SEC.16.

IC 3-6-5.1-15Investigation of complaints determined valid Sec. 15. If the circuit court clerk determines that the complaint alleges a violation of Title III if the facts alleged in the complaint are assumed to be true and that the person has complied with section 7 of this chapter, the circuit court clerk shall conduct an investigation under IC 3-6-5.

As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-16Submission of investigation results to county election board; county election board report; persons provided copies of report Sec. 16. The circuit court clerk, upon completing the investigation, shall submit the results of the investigation to the county election board, which shall then issue a written report. The circuit court clerk shall provide a copy of the report by first class mail with tracking to:

(1) the person who filed the complaint;

(2) the person alleged to have committed the violation;

(3) the members of the county election board; and

(4) the election division.

As added by P.L.209-2003, SEC.17. Amended by P.L.227-2023, SEC.17.

IC 3-6-5.1-17Content of report Sec. 17. The report described in section 16 of this chapter must:

(1) indicate the date when the complaint alleging the violation was received by the county election board;

(2) contain findings of fact regarding the alleged violation and state whether a violation of Title III has occurred or appeared to be likely to occur when the complaint was filed;

(3) state what steps, if any, the person alleged to have committed the violation has taken to correct the violation or to prevent a reoccurrence of the violation;

(4) suggest any additional measures that could be taken to correct a violation;

(5) indicate the date when a violation was corrected or is expected to be corrected; and

(6) provide any additional information or recommendations useful in resolving this complaint.

As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-18Hearing; record Sec. 18. At the request of the person filing a complaint, or at the request of a member of the county election board, the board shall conduct a hearing on the complaint and prepare a record of the hearing. This request must be filed not later than noon seven (7) days after the report was mailed under section 16 of this chapter.

As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-19County election board action after hearing Sec. 19. After concluding the hearing, the county election board shall:

(1) affirm the report;

(2) amend the report;

(3) refer the matter to the circuit court clerk for further investigation and submission of a subsequent report to the county election board; or

(4) refer the matter to the election division.

As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-20Dismissal of complaint after determination of no violation Sec. 20. If the county election board determines that based on the evidence presented, there is no violation of any provision of Title III or that the person has not complied with section 7 of this chapter, the county election board shall dismiss the complaint and publish notice of the order dismissing the matter in accordance with IC 5-3-1.

As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-21County election board to provide remedy if authorized by law; dismissal of complaint if remedy not authorized Sec. 21. If the county election board determines that there is a violation of any provision of Title III, the county election board shall determine and provide the appropriate remedy if authorized by law to do so. If the county election board determines that it is not authorized by law to provide the appropriate remedy, the county election board shall dismiss the complaint.

As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-22Summary of county election board action; to whom provided Sec. 22. The county election board shall forward a written summary of any action taken by the commission under section 20 or 21 of this chapter by first class mail with tracking to:

(1) the person who filed the complaint;

(2) the person alleged to have committed the violation; and

(3) the election division.

As added by P.L.209-2003, SEC.17. Amended by P.L.227-2023, SEC.18.

IC 3-6-5.2Chapter 5.2. Combined County Election Board and Board of Registration

3-6-5.2-1Applicability of chapter 3-6-5.2-2"Board" defined 3-6-5.2-3Name of board 3-6-5.2-4Membership of board 3-6-5.2-4.5Candidates for office as members of board or proxies of record; circuit court clerk as member of candidate's committee 3-6-5.2-5Compensation 3-6-5.2-6Powers of board; duties of director 3-6-5.2-7Director 3-6-5.2-8Attorney to provide legal services to board 3-6-5.2-9Appeal of board decision; time to file 3-6-5.2-10Small precincts; consolidation of precincts; commission duties; secretary of state duties

IC 3-6-5.2-1Applicability of chapter Sec. 1. This chapter applies to a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).

As added by P.L.3-1993, SEC.16. Amended by P.L.11-2023, SEC.3.

IC 3-6-5.2-2"Board" defined Sec. 2. As used in this chapter, "board" refers to the board of elections and registration established by section 3 of this chapter.

As added by P.L.3-1993, SEC.16. Amended by P.L.176-1999, SEC.4.

IC 3-6-5.2-3Name of board Sec. 3. The board of elections and registration is established and shall be known as the ____________ (name of county) board of elections and registration.

As added by P.L.3-1993, SEC.16. Amended by P.L.176-1999, SEC.5.

IC 3-6-5.2-4Membership of board Sec. 4. The combined board is comprised of the following five (5) members:

(1) The county chairmen of the major political parties of the county shall each appoint two (2) members of the board. Members of the board appointed under this subdivision must be voters of the county and serve a term of two (2) years or until their successors are appointed.

(2) The circuit court clerk, who is an ex officio member of the board.

As added by P.L.3-1993, SEC.16.

IC 3-6-5.2-4.5Candidates for office as members of board or proxies of record; circuit court clerk as member of candidate's committee Sec. 4.5. (a) A person who is a candidate for elected office or a member of a candidate's committee may not be appointed as a member of the board.

(b) If an appointed member becomes a:

(1) candidate for elected office; or

(2) member of a candidate's committee;

the member may not continue to serve on the board.

(c) An appointed member may not hold elected office while a member of the board.

(d) The circuit court clerk may not be a member of a candidate's committee other than the clerk's own candidate's committee.

As added by P.L.9-2004, SEC.3. Amended by P.L.230-2005, SEC.9.

IC 3-6-5.2-5Compensation Sec. 5. Each member of the board shall be paid an annual salary of not less than ten thousand dollars ($10,000). The salaries of the board members shall be fixed in the manner prescribed by IC 36-2-5 or IC 36-3-6 and paid out of the county general fund in accordance with IC 3-5-3-1 as other election expenses are paid.

As added by P.L.3-1993, SEC.16. Amended by P.L.176-1999, SEC.6.

IC 3-6-5.2-6Powers of board; duties of director Sec. 6. (a) The board has all of the powers and duties given in this title (and powers and duties concerning elections or voter registration given in other titles of the Indiana Code) to the following:

(1) The county election board.

(2) The board of registration.

(3) The circuit court clerk.

(4) The county executive.

(b) The director appointed under section 7 of this chapter shall perform all the duties of the circuit court clerk under this title and perform the election or voter registration duties of the circuit court clerk under other titles of the Indiana Code. The board shall perform all the duties of the county executive under this title and perform the election duties of the county executive under other titles of the Indiana Code.

As added by P.L.3-1993, SEC.16. Amended by P.L.13-1995, SEC.1; P.L.176-1999, SEC.7; P.L.26-2000, SEC.3.

IC 3-6-5.2-7Director Sec. 7. (a) The board may vest day to day operations in a director of the board and in an assistant director of the board.

(b) The director of the board is appointed by the county chairman of the political party whose nominee received the highest number of votes in the county for secretary of state in the last election.

(c) The assistant director of the board is appointed by the county chairman of the political party whose nominee received the second highest number of votes in the county for secretary of state in the last election.

(d) The assistant director shall receive an annual salary of not less than two thousand dollars ($2,000) less than the salary of the director.

(e) The board shall establish the number and compensation of the employees of the board. The county chairman of each of the major political parties in the county shall appoint one-half (1/2) of the board employees. The director, the assistant director, and the board employees serve at the pleasure of their respective appointing authorities.

As added by P.L.3-1993, SEC.16. Amended by P.L.176-1999, SEC.8.

IC 3-6-5.2-8Attorney to provide legal services to board Sec. 8. The board may, by a vote of a majority of the members of the board, hire attorneys to provide legal services for the board, as determined by the board.

As added by P.L.176-1999, SEC.9. Amended by P.L.230-2005, SEC.10.

IC 3-6-5.2-9Appeal of board decision; time to file Sec. 9. Except as expressly provided by statute, an appeal may be taken from a decision of the board to the circuit court, superior court, or probate court. An appeal taken under this section must be filed not later than thirty (30) days after the board makes the decision subject to the appeal.

As added by P.L.230-2005, SEC.11. Amended by P.L.84-2016, SEC.4.

IC 3-6-5.2-10Small precincts; consolidation of precincts; commission duties; secretary of state duties Sec. 10. (a) Except as provided in subsection (d), not later than August 1, 2018, and not later than July 1 each year immediately following a year in which presidential electors are chosen, the secretary of state shall determine the following:

(1) Which precincts within the county had fewer than six hundred (600) active voters (as defined in IC 3-11-18.1-2) as of November 1 of the preceding year.

(2) Whether compliance with the precinct boundary standards set forth in IC 3-11-1.5-4 or IC 3-11-1.5-5 would prevent the combination of a precinct described in subdivision (1) with one (1) or more adjoining precincts.

(3) The potential savings in the administration of elections resulting from the combination of precincts under this section.

Notwithstanding IC 3-11-1.5, the secretary of state shall issue an order to consolidate precincts within the county that is consistent with the standards stated in this subsection and shall file the order with the board and the election division.

(b) The order issued by the secretary of state must do both of the following:

(1) Realize savings for the county.

(2) Not impose unreasonable obstacles on the ability of the voters of the county to vote at the polls.

(c) An order issued under subsection (a) takes effect January 1, 2019, and September 1 each year following the year in which presidential electors are chosen.

(d) Not later than July 1, 2018, the commission shall adopt a precinct establishment order for the county that the commission considers will do both of the following:

(1) Realize savings for the county.

(2) Not impose unreasonable obstacles on the ability of the voters of the county to vote at the polls.

If the commission adopts an order under this subsection, the order takes effect January 1, 2019. If the commission does not adopt an order under this subsection, the secretary of state shall issue an order as provided in subsection (a).

As added by P.L.262-2017, SEC.1. Amended by P.L.210-2018, SEC.1.

IC 3-6-5.4Chapter 5.4. Tippecanoe County Board of Elections and Registration

3-6-5.4-1Applicability of chapter 3-6-5.4-2"Board" defined 3-6-5.4-3Establishment; name 3-6-5.4-4Members 3-6-5.4-4.5Candidates for office as members of board or proxies of record; circuit court clerk as member of candidate's committee 3-6-5.4-5Powers and duties 3-6-5.4-6Appointment of deputy 3-6-5.4-7Appointment of employees 3-6-5.4-8Unified budget 3-6-5.4-9Applicability of title 3-6-5.4-10Appeal of board decision; time to file

IC 3-6-5.4-1Applicability of chapter Sec. 1. This chapter applies to a county having a population of more than one hundred eighty-five thousand (185,000) and less than two hundred thousand (200,000).

As added by P.L.144-2001, SEC.3. Amended by P.L.170-2002, SEC.5; P.L.119-2012, SEC.3; P.L.104-2022, SEC.3.

IC 3-6-5.4-2"Board" defined Sec. 2. As used in this chapter, "board" refers to the board of elections and registration established by section 3 of this chapter.

As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-3Establishment; name Sec. 3. (a) The board of elections and registration is established for the county.

(b) The board shall be known as the (name of the county) board of elections and registration.

As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-4Members Sec. 4. (a) The board consists of the following:

(1) One (1) member appointed by the county chairman of each of the major political parties of the county. A member appointed under this subdivision must be a voter of the county.

(2) The circuit court clerk, who serves as an ex officio member of the board.

(b) The board members serving under subsection (a)(1) serve at the pleasure of their respective county chairman.

As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-4.5Candidates for office as members of board or proxies of record; circuit court clerk as member of candidate's committee Sec. 4.5. (a) A person who is a candidate for elected office or a member of a candidate's committee may not be appointed as a member of the board.

(b) If an appointed member becomes a:

(1) candidate for elected office; or

(2) member of a candidate's committee;

the member may not continue to serve on the board.

(c) An appointed member may not hold elected office while a member of the board.

(d) The circuit court clerk may not be a member of a candidate's committee other than the clerk's own candidate's committee.

As added by P.L.9-2004, SEC.4. Amended by P.L.230-2005, SEC.12.

IC 3-6-5.4-5Powers and duties Sec. 5. (a) The board has all the powers and duties given in this title to the following:

(1) The county election board.

(2) The board of registration.

(3) The county executive.

(b) The circuit court clerk shall perform all the duties of the circuit court clerk under this title.

As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-6Appointment of deputy Sec. 6. Each board member described in section 4(a)(1) of this chapter may, subject to the approval of the county chairman that appointed the board member, appoint a deputy to assist the board member.

As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-7Appointment of employees Sec. 7. (a) The board shall appoint employees to perform the board's election and registration duties under this title.

(b) The board may appoint an individual as an employee only upon the nomination by the county chairman of one (1) of the major political parties of the county.

(c) The staff of the board must be equally divided between the major political parties of the county.

(d) The board may designate and assign an employee to election or registration duties subject to the consent of the county chairman that nominated the employee to be a member of the staff.

(e) An employee of the board may be cross-trained and assist other employees of the board with other duties subject to the direction of the board.

(f) The board shall make final determinations with respect to the duties and assignments of employees of the board.

As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-8Unified budget Sec. 8. The county shall establish a unified budget for the board that includes all expenses of conducting elections, registering voters, paying board employees, and compensating board member expenses.

As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-9Applicability of title Sec. 9. Subject to this chapter, this title applies to the operation of the board relating to conducting elections and registering voters.

As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-10Appeal of board decision; time to file Sec. 10. Except as expressly provided by statute, an appeal may be taken from a decision of the board to the circuit court, superior court, or probate court. An appeal taken under this section must be filed not later than thirty (30) days after the board makes the decision subject to the appeal.

As added by P.L.230-2005, SEC.13. Amended by P.L.84-2016, SEC.5.

IC 3-6-5.6Chapter 5.6. Porter County Board of Elections and Registration

3-6-5.6-1Application of chapter 3-6-5.6-1.1Expired 3-6-5.6-2"Board" 3-6-5.6-3Establishment of board of elections and registration 3-6-5.6-4Board composition 3-6-5.6-5Persons not eligible to serve on board 3-6-5.6-6Board member annual salary 3-6-5.6-7Powers and duties of board 3-6-5.6-8Board director and assistant director; qualifications; appointment of employees; salaries 3-6-5.6-9Hiring legal services for board 3-6-5.6-10Appeal of board decisions

IC 3-6-5.6-1Application of chapter Sec. 1. This chapter applies to a county having a population of more than one hundred seventy thousand (170,000) and less than one hundred seventy-four thousand (174,000).

As added by P.L.170-2019, SEC.4. Amended by P.L.104-2022, SEC.4.

IC 3-6-5.6-1.1ExpiredAs added by P.L.170-2019, SEC.4. Expired 7-1-2024 by P.L.170-2019, SEC.4.

IC 3-6-5.6-2"Board" Sec. 2. As used in this chapter, "board" refers to the board of elections and registration established by section 3 of this chapter.

As added by P.L.170-2019, SEC.4.

IC 3-6-5.6-3Establishment of board of elections and registration Sec. 3. The board of elections and registration is established and shall be known as the ____________ (name of county) board of elections and registration.

As added by P.L.170-2019, SEC.4.

IC 3-6-5.6-4Board composition Sec. 4. The board is comprised of the following five (5) members:

(1) The county chairmen of the major political parties of the county shall each appoint two (2) members of the board. Members of the board appointed under this subdivision:

(A) must be voters of the county; and

(B) serve a term of two (2) years or until their successors are appointed.

(2) The circuit court clerk, who is an ex officio member of the board.

As added by P.L.170-2019, SEC.4. Amended by P.L.156-2020, SEC.1.

IC 3-6-5.6-5Persons not eligible to serve on board Sec. 5. (a) A person who is a candidate for elected office or a member of a candidate's committee may not be appointed as a member of the board.

(b) If an appointed member becomes a:

(1) candidate for elected office; or

(2) member of a candidate's committee;

the member may not continue to serve on the board.

(c) An appointed member may not hold elected office while a member of the board.

(d) The circuit court clerk may not be a member of a candidate's committee other than the clerk's own candidate's committee.

As added by P.L.170-2019, SEC.4.

IC 3-6-5.6-6Board member annual salary Sec. 6. Each member of the board shall be paid an annual salary of not less than five thousand dollars ($5,000). The salaries of the board members shall be fixed in the manner prescribed by IC 36-2-5 and paid out of the county general fund in accordance with IC 3-5-3-1 as other election expenses are paid.

As added by P.L.170-2019, SEC.4.

IC 3-6-5.6-7Powers and duties of board Sec. 7. (a) The board has all of the powers and duties given in this title (and powers and duties concerning elections or voter registration given in other titles of the Indiana Code) to the following:

(1) The county election board.

(2) The board of registration.

(3) The circuit court clerk.

(4) The county executive.

(b) The director appointed under section 8 of this chapter shall perform all the duties of the circuit court clerk under this title and perform the election or voter registration duties of the circuit court clerk under other titles of the Indiana Code. The board shall perform all the duties of the county executive under this title and perform the election duties of the county executive under other titles of the Indiana Code.

As added by P.L.170-2019, SEC.4.

IC 3-6-5.6-8Board director and assistant director; qualifications; appointment of employees; salaries Sec. 8. (a) The board may vest day to day operations in a director of the board and in an assistant director of the board.

(b) The circuit court clerk shall appoint the director and the assistant director, subject to the following:

(1) The director and the assistant director may not be members of the same political party.

(2) The appointment of the director and the assistant director is subject to the approval of the board, as follows:

(A) At least three (3) members of the board must approve the appointment of the director and the assistant director.

(B) At least two (2) of the board members who vote to approve an appointment may not be members of the same political party.

(c) The assistant director shall receive an annual salary of not less than two thousand dollars ($2,000) less than the salary of the director.

(d) The number and compensation of the employees of the board shall be fixed in the manner prescribed by IC 36-2-5 and paid out of the county general fund in accordance with IC 3-5-3-1 as other election expenses are paid.

(e) The director and the assistant director shall each appoint one-half (1/2) of the board employees, subject to the following:

(1) A board employee may not be a relative (as defined in IC 3-6-5.9-3) of either individual making an appointment under this section.

(2) At least three (3) members of the board must approve the appointment of an employee.

(3) At least two (2) of the board members who vote to approve an appointment may not be members of the same political party.

(f) The director and the assistant director serve at the pleasure of the appointing clerk. The board employees serve at the pleasure of the appointing director or assistant director respectively.

As added by P.L.170-2019, SEC.4.

IC 3-6-5.6-9Hiring legal services for board Sec. 9. The board may, by a vote of a majority of the members of the board, hire attorneys to provide legal services for the board, as determined by the board.

As added by P.L.170-2019, SEC.4.

IC 3-6-5.6-10Appeal of board decisions Sec. 10. Except as expressly provided by statute, an appeal may be taken from a decision of the board to the circuit court or superior court of the county. An appeal taken under this section must be filed not later than thirty (30) days after the board makes the decision subject to the appeal.

As added by P.L.170-2019, SEC.4.

IC 3-6-5.9Chapter 5.9. Appointment of Members of County Election Boards and Boards of Elections and Registration

3-6-5.9-1Application of chapter 3-6-5.9-2"Board" 3-6-5.9-3"Relative" 3-6-5.9-4Appointed member of board may not be relative of any appointing authority

IC 3-6-5.9-1Application of chapter Sec. 1. (a) This chapter applies only to an appointed member of a board.

(b) This chapter does not apply to a member of a board who serves on the board by virtue of the office the individual holds.

As added by P.L.170-2019, SEC.5.

IC 3-6-5.9-2"Board" Sec. 2. As used in this chapter, "board" refers to any of the following:

(1) A county election board.

(2) A board of elections and registration.

As added by P.L.170-2019, SEC.5.

IC 3-6-5.9-3"Relative" Sec. 3. As used in this chapter, "relative" of an individual refers to any of the following:

(1) The individual's spouse.

(2) A parent of the individual or a parent of the individual's spouse.

(3) A child of the individual or a child of the individual's spouse.

(4) A sibling of the individual or a sibling of the individual's spouse.

(5) An aunt or an uncle of the individual or an aunt or an uncle of the individual's spouse.

(6) A niece or nephew of the individual or a niece or nephew of the individual's spouse.

(7) A grandparent of the individual or a grandparent of the individual's spouse.

(8) A grandchild of the individual or a grandchild of the individual's spouse.

As added by P.L.170-2019, SEC.5.

IC 3-6-5.9-4Appointed member of board may not be relative of any appointing authority Sec. 4. An appointed member of a board may not be a relative of any individual that has the authority to appoint a member of the board.

As added by P.L.170-2019, SEC.5.

IC 3-6-6Chapter 6. Precinct Election Officers

3-6-6-1Precinct election board; members; appointment; chairman 3-6-6-2Poll clerks; appointment 3-6-6-3Assistant poll clerks; appointment 3-6-6-4Precincts for which assistant clerks appointed; resolution 3-6-6-5Election sheriffs; appointment 3-6-6-5.5Precinct election officers in vote center counties 3-6-6-6Election officers entitled to vote 3-6-6-7Requirements for election officers and inspectors 3-6-6-8Inspector; nomination by county chairman 3-6-6-9Election officers; nomination by county chairmen 3-6-6-10Filing nominations 3-6-6-11Appointment of persons nominated; nonapplicability to office of precinct inspector 3-6-6-12Repealed 3-6-6-13Filling vacancy in precinct election office by county election board; filling vacancy with student 3-6-6-14Filling vacancy by remaining members 3-6-6-15Notification of appointment 3-6-6-16Filling vacancy; approval or nomination by county chairman; issuance of credentials 3-6-6-17Delivery of office to person appointed by county election board 3-6-6-18Inspector or judge; requirement of oath 3-6-6-19Taking and administering oath 3-6-6-20Administering of oath when no authorized person present 3-6-6-21Oaths; requirements 3-6-6-22Jurat of person administering oath; attachment of oath to poll list 3-6-6-23Form of oath for precinct election officers 3-6-6-24Repealed 3-6-6-25Compensation 3-6-6-26Additional compensation for inspector 3-6-6-26.5Repealed 3-6-6-27County executive to fix compensation; exception 3-6-6-28Eligibility for compensation; compliance with certain statutes 3-6-6-29Determination of good cause for violation of IC 3-12-2-7 3-6-6-30Duties of precinct election board 3-6-6-31Meals or meal allowances 3-6-6-32Precincts using paper ballots; initialing and giving out ballots; duties of clerks 3-6-6-33Tallying votes; signing returns or other certificates 3-6-6-34Precincts using paper ballots; duties of poll clerks and assistant poll clerks 3-6-6-35Duties of election sheriffs 3-6-6-36Law enforcement officers prohibited from polls 3-6-6-37Status of appointment of precinct election officer; expiration of appointment; may not serve as challenger, pollbook holder, or watcher; not lucrative office 3-6-6-38Omitted precinct election officers; vacancy in office of sheriff 3-6-6-38.5Inspectors; shared location 3-6-6-39Certain students serving as election officers and assistants 3-6-6-40Training precinct election officers; content of training; training waiver