Title 3, TITLE 3. ELECTIONS

Sec. 14. (a) This section does not apply to a vote: (1) cast for president or vice president of the United States under IC 3-10-4-6; or (2) described by section 15 of this chapter. (b) A vote cast for a candidate who ceases to be a candidate may not be counted as a vote for a suc…

exceptions Sec. 15. (a) This section does not apply to a candidate for an at-large office of a county council, city common council, town council, or township board, if those offices appear on a ballot. (b) This section applies to a vote cast for one (1) straight party ticket that…

time; when to count Sec. 17. (a) This section applies only to an absentee ballot sent by mail. (b) Notwithstanding IC 3-11.5-4-7, an absentee ballot received from an overseas voter is not considered as arriving too late if both of the following apply: (1) The absentee ballot enve…

absent uniformed services voter or overseas voter; voter actions that void ballot Sec. 18. (a) This section applies to a federal write-in absentee ballot cast in a primary election as provided in IC 3-11-4-12.5(b)(1) by an absent uniformed services voter or overseas voter. (b) If…

special election by absent uniformed services voter or overseas voter; counting votes Sec. 19. (a) The provisions of section 1.7 of this chapter concerning write-in votes apply to this section. This section applies to a federal write-in absentee ballot cast in a general election,…

ballots Sec. 2. (a) This section does not apply to absentee ballots. (b) The whole ballot may not be counted, subject to section 12 of this chapter, if the ballot is not endorsed or printed with the initials of the poll clerks in accordance with state law. [Pre-1986 Recodificatio…

Sec. 3. The whole ballot is void if the ballot bears any distinguishing mark (other than a voting mark) or a mutilation made by the voter or an election officer with the intent to enable a person to determine who cast the marked or mutilated ballot. [Pre-1986 Recodification Citat…

Sec. 4. (a) The whole ballot is void if a voter does any act extrinsic to the ballot, such as enclosing any paper or other article in the folded ballot, with the intent to enable a person to determine that the voter cast the ballot. (b) An erasure by a voter does not make the who…

Sec. 5. (a) This subsection does not apply to a ballot card voting system or an electronic voting system. Except as provided in subsection (d), a voting mark made by a voter on or in a voting square at the left of a candidate's name or political party's name shall be counted as a…

Sec. 6. A voting mark made by a voter on or in a voting square following the word "Yes" or the word "No" before a public question shall be counted as indicated. [Pre-1986 Recodification Citation: 3-1-25-18(c).] As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.36.

Sec. 7. (a) This subsection applies whenever a voter: (1) votes a straight party ticket; and (2) votes only for one (1) or more individual candidates who are all of the same political party as the straight ticket vote. Except as provided in subsection (d) or (e), the straight tic…

Sec. 7.5. (a) If a voter votes for one (1) individual candidate for an office for which only one (1) person may be elected and also writes in the name of another candidate for the same office, neither vote may be counted. (b) If a voter votes for at least one (1) individual candi…

required for candidates for at-large districts Sec. 8. (a) Except as provided in subsection (b), a voting mark made by a voter on or in a circle containing a political party device shall be counted as a vote for each candidate of that political party on that ballot. (b) A voter w…

certification of voting systems that can detect voting marks Sec. 9. (a) A voting mark that touches a circle, an oval, or a square shall be counted as if it were on or in the circle, oval, or square. A voting mark that partially connects a connectable arrow shall be counted as if…

Sec. 9.5. (a) This section applies to counting votes cast on ballot cards. (b) This subsection applies to a ballot card that: (1) has been cast in a precinct whose votes are being recounted by a local recount commission or the state recount commission; (2) is damaged or defective…

Sec. 1. Except as provided in section 18 or 20 of this chapter or IC 3-10-8-7.5, this chapter applies to the filling of a candidate vacancy that arises for any reason if the vacancy leaves a major political party without a candidate for the office and occurs before the thirtieth …

Sec. 10. (a) To be eligible to participate in a caucus called under section 4, 5, or 6 of this chapter, an elected precinct committeeman must be entitled to vote for the office for which a candidate is to be selected. An elected precinct committeeman is eligible to participate in…

Sec. 10.5. (a) This section applies only to a meeting of a caucus required under this chapter. This section does not apply to the filling of a vacancy by the county chairman or a committee acting under section 6(b)(2) of this chapter. (b) A person who wishes to be a candidate for…

Sec. 11. (a) At a meeting called under section 3, 4, 5, or 6 of this chapter, the eligible participants shall: (1) establish the rules of procedure for the caucus or meeting, except as otherwise provided in this chapter; and (2) select, by a majority vote of those casting a vote …

Sec. 11.5. (a) Except as provided in this section, voting by proxy is not permitted in a caucus called under section 4, 5, or 6 of this chapter. (b) A precinct vice committeeman is entitled to participate in a caucus called under section 4, 5, or 6 of this chapter and vote as a p…

Sec. 12. (a) If a tie vote occurs among participants acting under section 3, 4, 5, or 6(c) of this chapter, the chairman of the meeting may cast the tiebreaking vote. If a tie vote occurs among participants acting under section 6(b) of this chapter, the county chairman or an indi…

vacancy Sec. 13. If fewer than two (2) persons are eligible to participate in the filling of a candidate vacancy for an office under section 6(b) of this chapter, the county chairman entitled to call the meeting under section 8 of this chapter shall appoint a person to fill the v…

statement of economic interest as prerequisite Sec. 14. The selection of a person as a candidate under this chapter is not effective unless: (1) the person's written consent is obtained and filed: (A) in the office in which certificates and petitions of nomination must be filed; …

Sec. 15. (a) A county chairman filling a candidate vacancy under section 6(b)(2) of this chapter or the chairman of a meeting filling a candidate vacancy under this chapter shall file a written certificate of candidate selection on a form prescribed by the election division stati…

selected Sec. 16. The election division shall furnish the circuit court clerk with a certified list of the name and address of each candidate selected under section 15 of this chapter. If a certificate of candidate selection filed with the election division is questioned under IC…

determination Sec. 16.5. (a) All questions concerning the validity of a certificate of candidate selection filed with the election division shall be determined by the commission. A statement questioning the validity of a certificate of candidate selection must be filed with the e…

selection of candidate Sec. 17. A candidate vacancy exists when a tie vote occurs for an office in a primary election. The candidate vacancy shall be filled under section 3, 4, 5, or 6 of this chapter. [Pre-1986 Recodification Citation: 3-1-11-10(l).] As added by P.L.5-1986, SEC.…

minor parties Sec. 18. (a) If a candidate vacancy occurs in a town subject to IC 3-8-5 for any office on the ticket of a political party whose candidates were selected by petition of nomination, the vacancy may be filled only as prescribed by this section. (b) To fill the vacancy…

state convention Sec. 19. A person who was defeated in a primary election or in a town or state convention is eligible to be appointed by the political party that the person affiliated with by voting in the most recent primary election held by that party. The person selected may …

but may be filled on following general or municipal election ballot Sec. 2. A candidate vacancy that exists on a primary election ballot may not be filled for the primary election. The resulting vacancy on the following general or municipal election ballot may be filled in the ma…

for office Sec. 2.5. A candidate seeking to fill a candidate vacancy under this chapter must comply with the requirements imposed under IC 3-8-1 for the office. As added by P.L.230-2005, SEC.62.

Sec. 20. (a) This section applies to a political party subject to IC 3-8-4-10, IC 3-10-2-15, or IC 3-10-6-12. (b) A candidate vacancy that exists following the convention of the party shall be filled by the state committee of the political party not later than the date and time s…

political parties; determination by commission or county election board; time to act upon question Sec. 20.5. (a) This section applies to a candidate nominated by a political party subject to IC 3-8-4-10, IC 3-10-2-15, or IC 3-10-6-12. (b) This section does not apply to a candida…

certain deadlines not met Sec. 21. (a) This section applies to a certificate of candidate selection filed under section 15 or 20 of this chapter. (b) To enforce the requirements of IC 3-5-4-1.9, the election division, a circuit court clerk, or any other official responsible for r…

Sec. 3. Except as provided in IC 3-10-8-7, a candidate vacancy for United States Senator or a state office shall be filled by the state committee of the political party. [Pre-1986 Recodification Citation: 3-1-11-10(b)(4).] As added by P.L.5-1986, SEC.9. Amended by P.L.10-1989, SE…

Sec. 4. Except as provided in IC 3-10-8-7.5, a candidate vacancy for United States Representative shall be filled by a caucus comprised by the precinct committeemen of the political party whose precincts are within the congressional district. [Pre-1986 Recodification Citation: 3-…

Sec. 5. A candidate vacancy for a legislative office shall be filled by a caucus comprised by the precinct committeemen of the political party whose precincts are within the senate or house district. [Pre-1986 Recodification Citation: 3-1-11-10(b)(2) part.] As added by P.L.5-1986…

or prosecuting attorney Sec. 6. (a) As used in this section, "county committee" refers to the precinct committeemen and vice committeemen of a major political party representing a precinct within the county. (b) Except as provided in subsection (c), a candidate vacancy for a loca…

Sec. 7. (a) Except as provided in subsection (b), action to fill a candidate vacancy must be taken: (1) not later than noon July 3 after the primary election if the vacancy exists on a general or municipal election ballot; and (2) within thirty (30) days after the occurrence of t…

or designated party Sec. 8. A meeting under section 3, 4, 5, or 6 of this chapter shall be called and chaired by: (1) the state chairman, or a person designated by the state chairman, for a caucus or committee acting under section 3, 4, 5, or 6(c) of this chapter; or (2) the coun…

other meetings under chapter Sec. 9. (a) This section applies only to a meeting of a caucus required under this chapter. This section does not apply to the filling of a vacancy under this chapter by the county chairman or a committee acting under section 6(b)(2) of this chapter. …

petitions, or certificates Sec. 1. A person who knowingly: (1) falsely makes or fraudulently defaces or destroys a declaration of candidacy, request for ballot placement under IC 3-8-3, certificate or petition of nomination, recount petition or cross-petition, contest petition, o…

Sec. 10. A corporation or labor organization that recklessly exceeds any of the limitations on contributions prescribed by IC 3-9-2-4 commits a Class B misdemeanor. As added by P.L.5-1986, SEC.10.

certain judges Sec. 10.5. (a) A person who recklessly violates IC 33-33-2-11 by accepting contributions that exceed the amount permitted under that section commits a Class B misdemeanor. (b) A person described by subsection (a) is also subject to a civil penalty under IC 3-9-4-17…

Sec. 11. A person who: (1) recklessly makes a contribution in the name of another person; or (2) knowingly accepts a contribution made by one person in the name of another person; commits a Class B misdemeanor. As added by P.L.5-1986, SEC.10.

As added by P.L.5-1986, SEC.10. Repealed by P.L.3-1995, SEC.157.

Sec. 13. A person who knowingly files a report required by IC 3-9 that is fraudulent commits a Level 6 felony. As added by P.L.5-1986, SEC.10. Amended by P.L.158-2013, SEC.5.

Sec. 14. A person who fails to file a report with the proper office as required by IC 3-9 commits a Class B misdemeanor. As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.465.

Sec. 14.5. A person who recklessly violates IC 3-9-2-9(c) by commingling the funds of a committee with the personal funds of an officer, a member, or an associate of the committee commits a Class B misdemeanor. As added by P.L.3-1993, SEC.231.

As added by P.L.5-1986, SEC.10. Repealed by P.L.3-1995, SEC.157.