Title 3, TITLE 3. ELECTIONS
169 chapters · 2,794 sections in this title.
Ind. Code § 3-11-13-32.5 Occupation of voting booth; time limits; refusal to leave
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Sec. 32.5. (a) At a primary election, a voter may not remain in the voting booth or compartment longer than five (5) minutes. (b) At a general, municipal, or special election, a voter may not remain in the voting booth or compartment longer than four (4) minutes. (c) If a voter r…
Ind. Code § 3-11-13-32.8 Disclosure of vote by voter before its registration; effect
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Sec. 32.8. If a voter shows the voter's ballot card or a part of the card to another person after the card has been marked so as to disclose any of the candidates voted for or how the voter voted on a public question, the ballot card may not be deposited in a ballot box. A record…
Ind. Code § 3-11-13-33 Processing voted ballot; poll list entry of voting; procedure for
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handling ballot not cast by voter Sec. 33. (a) After a voter has marked a ballot card, the voter shall place it inside the envelope provided for this purpose or fold the ballot described in section 18(b)(1) of this chapter and return the ballot card to the judge. (b) The judge sh…
Ind. Code § 3-11-13-34 Repealed
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[Pre-1986 Recodification Citation: 3-2-4-4(e) part.] As added by P.L.5-1986, SEC.7. Amended by P.L.4-1996, SEC.72. Repealed by P.L.176-1999, SEC.134.
Ind. Code § 3-11-13-34.5 Repealed
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As added by P.L.3-1997, SEC.324. Repealed by P.L.176-1999, SEC.134.
Ind. Code § 3-11-13-35 Defaced or defective ballot cards
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Sec. 35. If a voter spoils or defaces a ballot card or marks it erroneously, the voter shall return the card so as not to disclose any choices that the voter has made. [Pre-1986 Recodification Citation: 3-2-4-4(c) part.] As added by P.L.5-1986, SEC.7. Amended by P.L.38-1999, SEC.…
Ind. Code § 3-11-13-36 Securing marking devices on closing of polls
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Sec. 36. As soon as the polls are closed, the inspector shall secure the marking devices against further voting. [Pre-1986 Recodification Citation: 3-2-4-5(a) part.] As added by P.L.5-1986, SEC.7.
Ind. Code § 3-11-13-37 Confirmation of count
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Sec. 37. If a petition is filed under section 38 of this chapter, the county election board shall confirm that the votes cast in an election: (1) for each candidate and each public question; and (2) on a ballot card voting system in a precinct specified under section 38 of this c…
Ind. Code § 3-11-13-38 Petition for confirmation of vote cast
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Sec. 38. Each county chairman for either of the major parties in the county may petition the county election board for confirmation of the vote cast on a ballot card voting system no earlier than the Saturday before an election and no later than the Thursday after an election. Th…
Ind. Code § 3-11-13-39 Audit requirement
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Sec. 39. The county election board shall conduct an audit under section 37 of this chapter by means of tests and procedures that are approved by the commission and independent of the provider of the ballot card voting system being audited. As added by P.L.6-1986, SEC.31. Amended …
Ind. Code § 3-11-13-4 Repealed
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[Pre-1986 Recodification Citation: 3-2-4-3(c) part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.305. Repealed by P.L.66-2003, SEC.55.
Ind. Code § 3-11-13-4.5 Education program to inform of effect of casting multiple
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ballots for single office Sec. 4.5. As required by 52 U.S.C. 21081, an election board must establish a voter education program to notify a voter of the effect of casting multiple ballots for a single office on an optical scan ballot card tabulated at a central location. As added …
Ind. Code § 3-11-13-40 Certification of results of audit
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Sec. 40. The county election board shall certify the results of an audit under section 37 of this chapter not later than noon twelve (12) days after the election. The certification must be on the form prescribed by the election division. One (1) copy shall be filed with the elect…
Ind. Code § 3-11-13-41 Notice of audit
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Sec. 41. Public notice of the time and place of an audit under section 37 of this chapter shall be given at least forty-eight (48) hours before the audit. The notice shall be published once in accordance with IC 5-3-1-4. However, if publication in accordance with IC 5-3-1-4 will …
Ind. Code § 3-11-13-42 Municipal election use of ballot card voting system
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Sec. 42. If a county has procured ballot card voting systems for use, the ballot card voting systems may be used at a municipal election. If there are not sufficient ballot card voting systems on hand for each precinct of the municipality, the county election board shall determin…
Ind. Code § 3-11-13-43 Municipal elections where ballot card voting system supplied;
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supplies; expenses Sec. 43. (a) If ballot card voting systems are used in a municipal election, the county election board shall furnish to the municipality: (1) the requisite number of ballot card voting systems; and (2) all the furniture and appliances that go with the ballot ca…
Ind. Code § 3-11-13-44 Appointment of person to observe preparation of automatic
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tabulating machines; term; duties; compensation Sec. 44. (a) The county chairman of each major political party of the county may appoint one (1) person to observe: (1) the ordering and the setting and adjustment of automatic tabulating machines under section 6 of this chapter; (2…
Ind. Code § 3-11-13-5 Repealed
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[Pre-1986 Recodification Citation: 3-2-4-11.] As added by P.L.5-1986, SEC.7. Repealed by P.L.3-1987, SEC.570. IC 3-11-13-6 Marking devices; preparation; time of system delivery to polls Sec. 6. (a) Before an election at which a ballot card voting system is used, a county election…
Ind. Code § 3-11-13-7 Demonstration marking devices
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Sec. 7. Demonstration marking devices may not bear the name of any candidate or the text of any public question at an election. [Pre-1986 Recodification Citation: 3-2-4-4(a) part.] As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.120.
Ind. Code § 3-11-13-7.5 Ballot marking devices; requirements
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Sec. 7.5. (a) This section applies to a marking device used in a voting system that: (1) contains features of both a ballot card voting system and an electronic voting system; and (2) produces a ballot card with the voter's choices as selected by the voter and marked on the card …
Ind. Code § 3-11-13-8 Marking of ballot cards in secret
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Sec. 8. Unless the marking devices enable the voter to mark a ballot card in secret, a sufficient number of voting booths for each precinct shall be provided. The booths must be of a size and design so as to enable a voter to mark a ballot card in secret. [Pre-1986 Recodification…
Ind. Code § 3-11-13-9 Sample ballots; requirements
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Sec. 9. (a) The public officials charged with the duty of providing ballot cards or ballot labels shall also provide either or both of the following: (1) Sample ballots. (2) An electronic form of the sample ballot arranged under subsection (b), if the county election board requir…
Ind. Code § 3-12-13-1 "County election board"
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Sec. 1. For purposes of this chapter, a reference to a "county election board" includes the following: (1) A county election board established by IC 3-6-5. (2) A board of elections and registration. As added by P.L.34-2019, SEC.1. Amended by P.L.156-2020, SEC.5.
Ind. Code § 3-12-13-2 "Incorrect outcome"
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Sec. 2. As used in this chapter, "incorrect outcome" means an outcome that is inconsistent with an election outcome that would be obtained by conducting a full recount. As added by P.L.34-2019, SEC.1.
Ind. Code § 3-12-13-3 "Post-election audit"
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Sec. 3. As used in this chapter, "post-election audit" means an audit protocol that makes use of statistical methods and is designed to limit to acceptable levels the risk of certifying a preliminary election outcome that constitutes an incorrect outcome. As added by P.L.34-2019,…
Ind. Code § 3-12-13-4 Designation of counties as post-election audit counties
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Sec. 4. (a) The secretary of state may designate counties as post-election audit counties. (b) For a county to be designated as a post-election audit county, the county election board must adopt a resolution requesting the secretary of state to designate the county as a post-elec…
Ind. Code § 3-12-13-5 Elections subject to post-election audits
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Sec. 5. (a) The secretary of state shall determine the number of elections that are subject to a post-election audit. (b) All contested elections for an elected office and all public questions are eligible for designation under subsection (a) for a post-election audit. As added b…
Ind. Code § 3-12-13-6 Waiver of requirements
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Sec. 6. (a) The secretary of state may waive the requirement of section 5 of this chapter, after a written request by a county election board. (b) The secretary of state may waive the requirement of section 5 of this chapter only if the county election board shows that the techno…
Ind. Code § 3-12-13-7 Post-election audit; deadlines for completion; secretary of state
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administrative orders Sec. 7. (a) The secretary of state shall issue orders to implement and administer the requirements of this chapter if a petition for recount or contest filed under this article affecting the county has not been filed. If a petition for a recount or contest h…