Requirements; notice to voter

Sec. 1. (a) As provided by 52 U.S.C. 21082, this section applies to the following individuals: (1) An individual: (A) whose name does not appear on the registration list; and (B) who is challenged under IC 3-10-1 or IC 3-11-8 after the voter makes an oral or a written affirmation under IC 3-7-48-5 or IC 3-7-48-7 or after the voter produces a certificate of error under IC 3-7-48-1. (2) An individual described by IC 3-10-1-10.5, IC 3-11-8-23.5, or IC 3-11-8-27.5 who is challenged as not eligible to vote. (3) An individual who seeks to vote in an election as a result of a court order (or any other order) extending the time established for closing the polls under IC 3-11-8-8. (b) As required by 52 U.S.C. 21083, a voter who has registered to vote but has not: (1) presented identification required under 52 U.S.C. 21083 to the poll clerk before voting in person under IC 3-11-8-25.1; or (2) filed a copy of the identification required under 52 U.S.C. 21083 to the county voter registration office before the voter's absentee ballot is cast; is entitled to vote a provisional ballot under this article. (c) A precinct election officer shall inform an individual described by subsection (a)(1) or (a)(2) that the individual may cast a provisional ballot if the individual: (1) is eligible to vote under IC 3-7-13-1; (2) submitted a voter registration application during the registration period described by IC 3-7-13-10; and (3) executes an affidavit described in IC 3-10-1-9 or IC 3-11-8-23. (d) A precinct election officer shall inform an individual described by subsection (a)(3) that the individual may cast a provisional ballot. As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.171; P.L.164-2006, SEC.121; P.L.219-2013, SEC.61; P.L.128-2015, SEC.201.