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. (c) A team of absentee ballot counters shall do all of the following: (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 3-11.5-4-12 Determination of acceptance of ballots; opening and processing of accepted ballots; procedure; treatment of 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; 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, 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) of this section. (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) of this section. (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.