Ballot with signature; comparison of signatures; treatment of

Ind. Code § 3-11.5-4-5, under Chapter 4. General Procedures for Counties.

Ind. Code § 3-11.5-4-5

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 3-11.5-4-6 Secure 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.