Title 3, TITLE 3. ELECTIONS

absentee voter board; required information; obstruction or interference with election officer Sec. 25. (a) A voter who votes by absentee ballot because of: (1) illness or injury; or (2) caring for a confined person at a private residence; and who is within the county may vote bef…

and procedure for voting; absentee uniformed services voters; proof of identification Sec. 26. (a) This subsection applies to all counties, except for a county to which IC 3-6-5.2 or IC 3-6-5.6 applies. As an alternative to voting by mail, a voter is entitled to cast an absentee …

Sec. 26.1. Voting before an absentee voter board under section 26 of this chapter shall be referred to as "early voting" on all forms prescribed by the election division and in all communications with voters. As added by P.L.115-2022, SEC.8.

procedure Sec. 26.2. (a) A county election board or board of elections and registration shall comply with IC 3-11-9-6 by providing an electronic voting system or marking device that produces a marked optical scan ballot for voting by absentee ballot in the office of the circuit c…

unanimous vote of election board; expiration Sec. 26.3. (a) A county election board may adopt a resolution to authorize the circuit court clerk to establish satellite offices in the county where voters may cast absentee ballots before an absentee voter board. (b) To be adopted un…

office; procedure for handling ballot Sec. 26.4. (a) This section applies to voting under section 26, 26.2, or 26.3 of this chapter. (b) After voting, a voter shall leave the office or satellite office. (c) If a voter leaves the booth without casting a ballot, an absentee voter b…

board during specific days and hours only Sec. 26.5. (a) This section applies to: (1) a municipal election; (2) a primary conducted in a municipal election year; and (3) a special election conducted under IC 3-10-8 and that is not conducted at the same time as any other election.…

offices Sec. 26.7. (a) As used in this section, "facility" refers to the facility in which a voter may vote a ballot under section 26 or 26.3 of this chapter. (b) For purposes of this chapter, a facility is an "accessible facility" for elderly voters and voters with disabilities …

occurring Sec. 26.8. Only the individuals described in IC 3-11-8-15 who are permitted to be in the polls during an election may be in the room where absentee voting is occurring under section 26 or 26.3 of this chapter. As added by P.L.227-2023, SEC.84.

ballots; initialing by election officials; exceptions; resolution Sec. 27. (a) This section does not apply to a ballot mailed to a voter under this chapter. (b) Subject to IC 3-5-4-9, before a ballot is voted under section 25 of this chapter before an absentee voter board, it mus…

additional identifying information Sec. 28. (a) A voter voting before an absentee voter board shall mark the voter's ballot in the presence of the board, but not in such a manner that either of the members of the board can see for whom the voter voted, unless the voter requests t…

closing or deadline Sec. 29.2. (a) This section applies to a voter casting an absentee ballot at: (1) the location of the office of the circuit court clerk designated by the circuit court clerk under IC 3-11-10-26(a)(1); (2) the office of the board of elections and registration u…

absentee voting Sec. 29.5. Each day after absentee voting concludes in the circuit court clerk's office or a satellite office, the county election board shall direct that the vote history be uploaded from each electronic poll list into the computerized list. As added by P.L.219-2…

[Pre-1986 Recodification Citation: 3-1-22-7 part.] As added by P.L.5-1986, SEC.7. Repealed by P.L.278-2019, SEC.73.

[Pre-1986 Recodification Citation: 3-1-22-18 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.225-2011, SEC.64. Repealed by P.L.109-2021, SEC.39. IC 3-11-10-31 Repealed [Pre-1986 Recodification Citation: 3-1-22-18 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.194-2013,…

[Pre-1986 Recodification Citation: 3-1-22-22 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.110; P.L.225-2011, SEC.65. Repealed by P.L.109-2021, SEC.41.

[Pre-1986 Recodification Citation: 3-1-22-18 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.111. Repealed by P.L.225-2011, SEC.93.

[Pre-1986 Recodification Citation: 3-1-22-22 part.] As added by P.L.5-1986, SEC.7. Repealed by P.L.278-2019, SEC.97.

[Pre-1986 Recodification Citation: 3-1-22-22 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.209-2003, SEC.149; P.L.221-2005, SEC.74; P.L.194-2013, SEC.66. Repealed by P.L.278-2019, SEC.98.

[Pre-1986 Recodification Citation: 3-1-22-21(d) part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.267; P.L.7-1990, SEC.49; P.L.4-1991, SEC.101; P.L.3-1993, SEC.154; P.L.3-1997, SEC.309; P.L.14-2004, SEC.127. Repealed by P.L.109-2021, SEC.42.

[Pre-1986 Recodification Citation: 3-1-22-21(d) part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1997, SEC.310; P.L.14-2004, SEC.128; P.L.216-2015, SEC.22. Repealed by P.L.278-2019, SEC.99.

Sec. 38. The voters appointed to the absentee voter boards under IC 3-11.5-4-22 shall be compensated in the following manner: (1) The boards that are sent to voters under section 25 of this chapter are entitled to a per diem and a sum for mileage at a rate determined by the count…

attendance Sec. 39. Each county election board shall conduct a training session for the members of the absentee voter boards. A member of an absentee voter board must receive the training before the member begins performing the member's duties. At the training session the duties …

[Pre-1986 Recodification Citation: 3-1-22-9 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1997, SEC.302; P.L.126-2002, SEC.62; P.L.198-2005, SEC.8; P.L.278-2019, SEC.74. Repealed by P.L.109-2021, SEC.26.

As added by P.L.209-2003, SEC.140. Amended by P.L.221-2005, SEC.69. Repealed by P.L.109-2021, SEC.27.

[Pre-1986 Recodification Citation: 3-1-22-9 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.260; P.L.126-2002, SEC.63. Repealed by P.L.278-2019, SEC.75.

[Pre-1986 Recodification Citation: 3-1-22-9 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.64. Repealed by P.L.278-2019, SEC.76.

[Pre-1986 Recodification Citation: 3-1-22-9 part.] As added by P.L.5-1986, SEC.7. Repealed by P.L.278-2019, SEC.77.

[Pre-1986 Recodification Citation: 3-1-22-10 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1997, SEC.303; P.L.126-2002, SEC.65; P.L.219-2013, SEC.47. Repealed by P.L.278-2019, SEC.78.

ballot envelope; exceptions Sec. 8.5. (a) This section does not apply to an application for an absentee ballot from a voter: (1) participating in the address confidentiality program under IC 5-26.5-2; or (2) requesting to cast an absentee ballot in the office of the circuit court…

[Pre-1986 Recodification Citation: 3-1-22-10 part.] As added by P.L.5-1986, SEC.7. Repealed by P.L.278-2019, SEC.79.

Sec. 1. The state recount commission is established. As added by P.L.7-1986, SEC.18. Amended by P.L.11-1993, SEC.4.

Sec. 10. The secretary of state may assign any of the election division's staff and facilities to the state recount commission to carry out the commission's responsibilities. As added by P.L.7-1986, SEC.18. Amended by P.L.8-1995, SEC.57.

Sec. 11. The state recount commission shall reimburse any agency or office described in sections 8, 9, and 10 of this chapter that incurs any expense to carry out the responsibilities of the commission in conformity with the policies and procedures established by the state budget…

Sec. 12. (a) The expenses of a recount conducted by the state recount commission shall be paid from the state recount fund following the commission's determination of whether a full or partial refund of the cash deposit should be granted under IC 3-12-11-10. (b) The expenses of a…

contest petition, or cross-petition Sec. 12.5. (a) This section does not apply to the filing of a recount petition, contest petition, or cross-petition under IC 3-12-11. (b) Notwithstanding IC 3-5-4-1.7, the state recount commission may receive filings by electronic mail from att…

liability for expenses of another party Sec. 13. (a) This section does not apply to a petitioner who is determined to have been nominated or elected after the recount or the contest. (b) A candidate filing a petition under IC 3-12-11 shall reimburse the state for the expenses of …

party in a contest action Sec. 14. (a) This section does not apply to: (1) a cross-petitioner who is determined to have been nominated or elected after a recount; or (2) an opposing party in a contest action who prevails. (b) A candidate filing a cross-petition under IC 3-12-11 o…

Sec. 15. The state recount commission shall determine the expenses chargeable to a person under sections 13 and 14 of this chapter. As added by P.L.7-1986, SEC.18.

Sec. 16. IC 4-21.5 does not apply to the state recount commission. As added by P.L.7-1986, SEC.18. Amended by P.L.7-1987, SEC.2.

commission Sec. 17. Any court action related to the election for an office that is the subject of a: (1) recount proceeding under IC 3-12-11; or (2) contest proceeding under IC 3-12-11; is stayed until the state recount commission has rendered a final determination. As added by P…

Sec. 18. (a) Any party to a final determination of the state recount commission concerning a nomination subject to IC 3-12-11 or election to a state office other than governor or lieutenant governor may appeal the final determination to the court of appeals for errors of law unde…

As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.385; P.L.10-1988, SEC.162. Repealed by P.L.8-1995, SEC.71.

Sec. 2.1. (a) Except as provided in this section, the secretary of state and the designee of the state chairman of each of the major political parties of the state shall serve as members of the state recount commission. (b) Except as provided in this section, the secretary of sta…

reversion to general fund; appropriations Sec. 2.2. (a) The state recount fund is established for the purpose of receiving, holding, and disbursing funds as a fiduciary for the state recount commission and individuals who have provided a cash deposit under this article. The fund …

Sec. 2.5. The state recount commission shall employ and set the salary of a recount director. The recount director shall perform the tasks delegated to the director by the commission. As added by P.L.3-1987, SEC.386.

Sec. 3. (a) Each member of the state recount commission other than the secretary of state is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). (b) Each member of the state recount commission is entitled to reimbursement for traveling expenses and other expens…

Sec. 4. (a) The state recount commission shall conduct recount proceedings under IC 3-12-11 resulting from: (1) a presidential primary election; (2) the nomination of a candidate to a federal, state, or legislative office in a primary election; or (3) an election for a federal, s…

Sec. 5.5. A circuit court clerk or board of registration may use a copy of election material other than ballots made under section 5 of this chapter instead of an original subject to an impoundment order under that section until the commission orders the release of the original. …

transportation, or protection Sec. 6. Without the filing of a petition under IC 3-12-11, the state recount commission may impound, take possession of, transport, or otherwise protect any election records or equipment that the commission determines may be the subject of: (1) a rec…