Title 3, TITLE 3. ELECTIONS

compartment Sec. 13. After leaving the booth or compartment, a voter shall return the pencil to the poll clerk or assistant poll clerk and display the initials on the ballots to the inspector (or to the judge who is temporarily authorized to act for the inspector). [Pre-1986 Reco…

Sec. 14. Upon displaying the initials on the ballots to the inspector (or the judge who is temporarily authorized to act for the inspector), the voter shall: (1) deposit the ballots in the ballot box; or (2) deliver the ballots to the inspector, who shall deposit the ballots in t…

[Pre-1986 Recodification Citation: 3-1-23-21 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.287. Repealed by P.L.64-2014, SEC.58.

Sec. 16. If a voter shows the voter's ballot or a part of the ballot to another person after the ballot has been marked so as to disclose any of the candidates voted for or how the voter voted on a public question, the ballot may not be deposited in a ballot box. A record of the …

returning ballot; procedure for handling ballot not cast by voter Sec. 17. (a) After voting, a voter shall leave the polls. (b) If a voter leaves the booth without casting a ballot, a precinct election official shall: (1) attempt to advise the voter not to leave the polls because…

ballot; record; disposition of ballot Sec. 18. A voter who by accident or mistake spoils, defaces, or mutilates the voter's ballot may, by returning the ballot to the poll clerks or assistant poll clerks and satisfying them that the spoiling, defacing, or mutilation was not inten…

As added by P.L.3-1987, SEC.289. Repealed by P.L.10-1988, SEC.238.

Sec. 2. (a) On the morning of election day, the precinct election officers shall meet at the polls at least one (1) hour before the time for opening the polls. The inspector then shall have: (1) the boundaries of the chute designated; (2) the instruction cards and either the: (A)…

instrument Sec. 3. At the opening of the polls, after the organization of and in the presence of the precinct election board, the inspector shall: (1) open the packages of ballots in a manner that preserves the seals intact; (2) deliver twenty-five (25) of each of the ballots to …

Sec. 4. Upon receipt of the ballots and pen under section 3 of this chapter, the poll clerks or assistant poll clerks immediately shall place their initials in ink on the back of each ballot. The initials must be in the clerks' ordinary handwriting or printing and without a disti…

sign poll list Sec. 5. Following the resolution of any challenge to a voter, as each successive voter calls for a ballot, the poll clerks or assistant poll clerks shall deliver to the voter the first initialed ballot. The inspector shall then deliver to the clerks another ballot,…

explanations Sec. 6. (a) After a voter has signed the poll list, one (1) of the poll clerks or assistant poll clerks shall deliver to the voter one (1) of each ballot that the voter is entitled to vote at the election and one (1) pencil or pen. Both judges, on request, shall give…

write-in votes Sec. 7. (a) This section is enacted to comply with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory standards to define what constitutes a vote on a paper ballot. (b) After receiving ballots under section 6 of this chapter, a voter shall, without leavi…

Sec. 8. (a) Only one (1) voter may occupy a booth or compartment at one time. Booths shall be constructed and arranged so that all members of the precinct election board can see whether more than one (1) voter enters a booth at any one time. However, a voter who is a parent, gran…

Sec. 9. (a) A voter shall mark all ballots while screened from observation. The exterior of a voting booth or compartment and each area of the polls must be in plain view of the precinct election board. Each voting booth or compartment shall be placed so that a person voting on t…

a candidate Sec. 1. (a) Except as provided in subsection (d), any candidate: (1) in a presidential primary election; (2) for nomination to a federal, state, or legislative office in a primary election; or (3) for a federal, state, or legislative office; is entitled to have the vo…

Sec. 1.5. This chapter is enacted to comply with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory standards to define what will be counted as a vote on a paper ballot, an optical scan voting system, or an electronic voting system in a recount conducted under this cha…

of commission member proxy Sec. 10. (a) Each petitioner shall furnish a cash deposit for the payment of costs of the recount chargeable to the petitioner. The minimum amount of the cash deposit is one hundred dollars ($100). The cash deposit shall be deposited in the state recoun…

Sec. 11. (a) This section applies if a cross-petition is filed under this chapter. (b) This subsection applies only to a recount of an election for nomination or election to either of the following: (1) A legislative office in which, on the face of the election returns, the diffe…

ordering recounts; dismissal of petitions; notice Sec. 12. (a) Except as provided in subsection (d) or (e), the state recount commission shall accept the petitions and cross-petitions that have been filed and order the recount of the votes in the precincts upon: (1) the filing of…

Sec. 13. If there is a consolidation of petitions and cross-petitions for a recount, the state recount commission shall by consolidated order grant the consolidated petitions and cross-petitions and order a consolidated recount of all votes in each precinct in the election distri…

Sec. 14. The state recount commission shall conduct a recount in each precinct designated in a petition or cross-petition granted under this chapter that is in the election district for the office. The commission may conduct a recount in any precinct that cast votes for an office…

As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.406; P.L.3-1997, SEC.370. Repealed by P.L.194-2013, SEC.88.

Sec. 16. (a) Except as provided in subsection (b), the state recount commission may by order impound and provide for the protection of any election records or equipment described by IC 3-12-10-5(a). (b) In a recount of an election for a legislative office, the state recount commi…

and recount Sec. 17. (a) After a recount is ordered under section 12 of this chapter, the state recount commission or its designee shall convene at a place fixed by order of the state recount commission and expeditiously complete the recount of all votes ordered recounted. Each c…

petition Sec. 17.5. (a) A petition or cross-petition filed under this chapter may request that ballot cards in specified precincts that used a ballot card voting system be counted manually. If a petition or cross-petition includes such a request, automatic tabulating machines may…

Sec. 17.7. (a) This section applies to ballots cast by any voting method. (b) Unless the state recount commission makes a finding under subsection (c), the commission shall: (1) count ballots in accordance with this article; and (2) not order that all ballots in a precinct not be…

candidate eligibility; special election order Sec. 18. (a) When a recount is completed by the state recount commission or its designee, the commission shall: (1) make and sign a certificate showing the total number of votes received in the precincts by each candidate for nominati…

votes cast Sec. 19. Except in recount proceedings for an election to the offices of governor and lieutenant governor and legislative offices, a recount certificate made under section 18 of this chapter supersedes all previous returns made in any form of the recounted votes. A cer…

conclusion Sec. 19.5. As required under 3 U.S.C. 5, any recount or contest proceeding concerning the election of presidential electors must be concluded not later than six (6) days before the time fixed by federal law for the meeting of the presidential electors. As added by P.L.…

Sec. 2. (a) A candidate who desires: (1) a recount of votes cast for a nomination or election subject to this chapter; or (2) to contest a nomination subject to this chapter or the election of a state office other than governor or lieutenant governor; must file a verified petitio…

certified statements Sec. 20. (a) On the day following the completion of a recount for the election to the offices of governor and lieutenant governor, the election division shall prepare two (2) certified statements for the secretary of state under the secretary of state's seal …

Sec. 22. A statement prepared under section 20 or 21 of this chapter does not determine the eligibility of a candidate for office but is prepared only for the purpose of referring the information to the proper authorities. As added by P.L.7-1986, SEC.19. Amended by P.L.3-1997, SE…

tabulation Sec. 23. (a) If a recount is made: (1) in a presidential primary election; (2) for nomination to a federal, state, or legislative office in a primary election; (3) in an election to a federal office; or (4) in an election to a state office other than governor and lieut…

Sec. 24. The candidate shown by a corrected vote tabulation under section 23 of this chapter to have received the highest number of votes for nomination or election to an office is entitled to a certificate of nomination, certificate of election, or commission for the office even…

runner-up; governor appointment; effect on votes cast Sec. 25. (a) Except as provided in subsection (b), whenever the commission makes a final determination under section 18 of this chapter that the candidate who is subject to a contest proceeding is not eligible to serve in the …

Sec. 3. (a) Each petition for a recount filed under section 2 of this chapter must state the following: (1) The office for which the petitioner desires a recount. (2) The precincts in which the petitioner desires a recount. (3) That the individual is entitled to a recount under t…

Sec. 4. A candidate who is nominated or elected to an office at an election on the face of the election returns may file a verified cross-petition for a recount with the election division not later than noon twenty-one (21) days after election day. As added by P.L.7-1986, SEC.19.…

of truth; presumption Sec. 5. The failure to file either a cross-petition or an answer to a petition for a recount or contest does not: (1) constitute an admission of the truth of the allegations of the petition; or (2) imply a presumption in favor of the petition. As added by P.…

Sec. 6. Each cross-petition filed under section 4 of this chapter must state the following: (1) The office for which the cross-petitioner desires a recount. (2) The precincts in which the cross-petitioner desires a recount. (3) That the cross-petitioner was a candidate at the ele…

Sec. 7. (a) Except as provided in subsection (b) or (c), the state recount commission may allow a petition or cross-petition to be amended at any time upon the terms and conditions that the state recount commission orders. (b) The commission may not allow a petition or cross-peti…

Sec. 8. Two (2) or more candidates for the same or a different office nominated or elected at the same election may join in a petition for a recount or contest. As added by P.L.7-1986, SEC.19. Amended by P.L.10-1988, SEC.172.

Sec. 9. (a) Upon the filing of a petition for a recount or contest with the election division, the state recount commission shall issue a notice of the filing and pendency of the petition to each opposing candidate and deliver the notice to the state police department. (b) This s…

appointments pro tempore Sec. 1. The caucus procedure prescribed by this chapter for filling vacancies in local offices must be followed whenever required by IC 3-13-6-2, IC 3-13-6-3(a), IC 3-13-7-1, IC 3-13-8-1, IC 3-13-9-1, or IC 3-13-10-1. Selections made under this chapter (o…

Sec. 10. The members of a caucus held under this chapter shall select, by a majority vote of those casting a vote for a candidate, a person to fill the vacancy described in the written notice of the caucus. If more than one (1) person seeks to fill the vacancy, the selection shal…

certificates; filing certificates Sec. 11. (a) No later than noon five (5) days after: (1) the selection required by section 10 of this chapter; or (2) a selection under section 5(c) of this chapter; the chairman shall certify the pro tempore appointment results to the circuit co…

except office of judge, member of fiscal or legislative body Sec. 12. (a) This section does not apply to the office of a judge or a member of a fiscal or legislative body. (b) Subject to sections 13 through 17 of this chapter, the chief deputy employee of the office that is vacan…

if position declined, person ineligible, or position not established Sec. 13. (a) This section does not apply to the office of a judge. (b) In accordance with section 12 of this chapter, if a chief deputy employee does not exist in a circuit or county office, or the chief deputy …

mayor not established in first or second class city Sec. 14. In accordance with section 12 of this chapter, if the position of deputy mayor is not established by ordinance in a first class or second class city, the city controller assumes the duties of mayor until the office is f…

mayor if position of deputy mayor not established in third class city Sec. 15. In accordance with section 12 of this chapter, if the position of deputy mayor is not established by ordinance in a third class city, the president pro tempore of the common council assumes the duties …