Title 3, TITLE 3. ELECTIONS

Sec. 1. Congressional districts shall be established by law at the first regular session of the general assembly convening immediately following the United States decennial census. Formerly: Acts 1969, c.93, s.1; Acts 1971, P.L.18, SEC.5. As amended by P.L.3-1989, SEC.3.

Sec. 2. (a) This subsection applies only to the first regular session of the one hundred twenty-second general assembly. If the general assembly adjourns sine die before November 15, 2021, without having complied with the requirements of section 1 of this chapter, a redistricting…

Sec. 1. The definitions in this chapter apply throughout this title. [Pre-1986 Recodification Citations: 3-1-1-1; 3-1-1-2 part.] As added by P.L.5-1986, SEC.1.

Sec. 1.5. "Absent uniformed services voter" refers to any of the following: (1) A member of a uniformed service on active duty who, by reason of active duty, is absent from the place of residence where the member is otherwise qualified to vote. (2) A member of the merchant marine…

Sec. 1.7. "Active voter" means the following: (1) For purposes of IC 3-11-1.5, refers to a voter who satisfies either of the following: (A) The voter has registered or voted in any election during the preceding four (4) years at the address indicated on the voter's registration r…

Sec. 1.8. "Anomaly" means an action or response by a voting system or electronic poll book that: (1) does not conform with the specifications or perform as certified and is critical to the administration of elections; (2) causes a delay or disruption to voting or vote tabulation;…

Sec. 10. "Chute" means the area or pathway that extends fifty (50) feet in length, measured from the entrance to the polls. If the property line of the polling place is less than fifty (50) feet from the door or entrance to the polling place, the chute is measured from the exteri…

Sec. 11. "City" means a first class city, second class city, or third class city as classified under IC 36-4-1-1. The term does not include towns. [1986 Recodification Citation: New.] As added by P.L.5-1986, SEC.1.

Sec. 11.5. "Commission" refers to the Indiana election commission established by IC 3-6-4.1-1. As added by P.L.8-1995, SEC.3.

Sec. 12. "Consolidated city" refers to a first class city that has become a consolidated city under IC 36-3-1. [Pre-1986 Recodification Citation: 36-3-1-2.] As added by P.L.5-1986, SEC.1.

Sec. 13. "Contestee" means a candidate whose nomination or election is being contested by a contestor. [Pre-1986 Recodification Citation: 3-1-1-2 part.] As added by P.L.5-1986, SEC.1.

Sec. 14. "Contestor" means a person who initiates a proceeding to contest the result of an election. [Pre-1986 Recodification Citation: 3-1-1-2 part.] As added by P.L.5-1986, SEC.1.

Sec. 15. (a) "Contribution" means a donation (whether characterized as an advance, a deposit, a gift, a loan, a subscription, or a contract or promise to make a donation) of property (as defined in IC 35-31.5-2-253) that satisfies both of the following: (1) The donation is made f…

Sec. 15.9. "County election board" refers to a board established by IC 3-6-5-1. As added by P.L.170-2019, SEC.2. IC 3-5-2-16 "Convention" Sec. 16. "Convention" means an organized body of delegates assembled for the purpose of selecting their political party's nominees for elected…

Sec. 16.2. "County voter registration office" means the following: (1) A board of registration established under IC 3-7-12. (2) A board of elections and registration. (3) The office of the circuit court clerk, in a county in which a board has not been established under subdivisio…

Sec. 16.3. "De minimis change", with respect to a certified voting system's or a certified electronic poll book's hardware, software, technical documentation, or data, refers to a change which will not materially alter the system's reliability, functionality, capability, or opera…

Sec. 16.4. "Domicile" means residence, as determined under IC 3-5-5. As added by P.L.258-2013, SEC.1.

Sec. 16.5. "Elderly" means a voter who is at least sixty-five (65) years of age. As added by P.L.4-1991, SEC.2.

Sec. 17. "Elected office" means a federal office, state office, legislative office, school board office, or local office. Political party offices (such as precinct committeeman and state convention delegate) are not considered to be elected offices. [Pre-1986 Recodification Citat…

Sec. 18. "Election day" refers to the calendar day on which an election is held. [1986 Recodification Citation: New.] As added by P.L.5-1986, SEC.1.

Sec. 19. "Election district" means the area comprised by precincts where voters who are qualified to vote for a candidate or on a public question reside and whose votes a candidate or committee proposes to influence. [Pre-1986 Recodification Citation: 3-4-1-8.] As added by P.L.5-…

Sec. 19.5. "Election division" refers to the election division of the secretary of state's office established by IC 3-6-4.2-1. As added by P.L.8-1995, SEC.4.

Sec. 2. "Automatic tabulating machine" means: (1) apparatus necessary to automatically count votes cast on a voting system; and (2) data processing machines that can be used for counting ballots and tabulating results. [Pre-1986 Recodification Citation: 3-2-4-2(a).] As added by P…

Sec. 2.7. "Background check" refers to the "national criminal history background check" defined in IC 10-13-3-12. As added by P.L.71-2019, SEC.2.

Sec. 20. "Electorate" means all the voters eligible to vote in an election in the state or a political subdivision. [Pre-1986 Recodification Citation: 3-1-1-2 part.] As added by P.L.5-1986, SEC.1.

Sec. 20.5. "Electronic poll book" means the combination of mechanical, electromechanical, and electronic equipment (including the software, firmware, documentation, and backend infrastructure and services, including cloud platform services, required to program, control, and suppo…

Sec. 20.7. "Electronic poll list" means a poll list that is maintained in a computer data base. As added by P.L.64-2014, SEC.2.

Sec. 21. "Electronic voting system" means a system in which: (1) voters record their votes by activating touch-sensitive marking devices; and (2) votes are counted by automatic tabulating machines. [Pre-1986 Recodification Citations: 3-2-4-1; 3-2-4-2(f).] As added by P.L.5-1986, …

As added by P.L.3-1997, SEC.8. Repealed by P.L.221-2005, SEC.144.

Sec. 22. "Executive" means the following: (1) The board of county commissioners, for a county that does not have a consolidated city. (2) The mayor of the consolidated city, for a county having a consolidated city. (3) The mayor, for a city. (4) The president of the town council,…

Sec. 23. (a) "Expenditure" means a disbursement (whether characterized as an advance, a deposit, a distribution, a gift, a loan, a payment, a purchase, or a contract or promise to make a disbursement) of property (as defined in IC 35-31.5-2-253) that: (1) is made for the purpose …

Sec. 23.2. (a) Except as provided in subsection (b), "expedited basis" refers to the processing of: (1) a voter registration application; (2) a cancellation of a voter registration application; (3) a transfer of a voter registration application; or (4) another document that creat…

Sec. 23.7. "Fax" refers to transmission of information by a facsimile (fax) machine. As added by P.L.126-2002, SEC.2.

Sec. 24. "Federal office" refers to President of the United States, Vice President of the United States, and Senator and Representative in the Congress of the United States. [Pre-1986 Recodification Citation: 3-4-1-11.] As added by P.L.5-1986, SEC.1.

Sec. 24.5. "Filing" means the following: (1) For purposes of filing an electronic report under IC 3-9-4-4 or IC 3-9-5-7, when the requirements of IC 3-9-4-4 or IC 3-9-5-7 have been met. (2) For all other purposes, when all of the following have occurred: (A) The presentation of a…

Sec. 25. "Fiscal body" means: (1) county council, for a county not having a consolidated city; (2) city-county council, for a consolidated city or county having a consolidated city; (3) common council, for a second or third class city; (4) town council, for a town; (5) township b…

Sec. 26. "Fiscal officer" means the city controller of a second class city or the clerk-treasurer of a town or third class city. [Pre-1986 Recodification Citation: 36-1-2-7 part.] As added by P.L.5-1986, SEC.1.

Sec. 26.1. "Former candidate" refers to an individual who was a candidate for an election and satisfies any of the following: (1) The individual has died before the election, including a candidate certified as deceased under IC 3-8-7-1. (2) The individual has withdrawn as a candi…

Sec. 26.2. "HAVA" refers to the Help America Vote Act of 2002 (52 U.S.C. 20901 through 52 U.S.C. 21145). As added by P.L.209-2003, SEC.2. Amended by P.L.128-2015, SEC.1.

Sec. 26.3. "IDEA" refers to the Indiana data enhancement association established by IC 3-7-38.2-5.5. As added by P.L.141-2020, SEC.1.

Sec. 26.4. "Inhabitant", for purposes of: (1) Article 4, Section 7 of the Constitution of the State of Indiana; and (2) Article 6, Section 4 of the Constitution of the State of Indiana; means a person who resides at a location, as determined under IC 3-5-5. As added by P.L.258-20…

As added by P.L.10-1988, SEC.2. Repealed by P.L.4-1991, SEC.147.

Sec. 26.6. "Independent" means a candidate, or a ticket of candidates for President and Vice President of the United States or for governor and lieutenant governor, who states that the candidate or ticket is not affiliated with any political party. As added by P.L.3-1993, SEC.4.…

Sec. 26.7. "Individual with a nontraditional residence" means a person who: (1) does not reside in a private residential dwelling or an institutional structure; and (2) maintains a mobile residence or usually sleeps in a shelter, public area, or public right-of-way. As added by P…

Sec. 26.8. "Law enforcement officer" means a: (1) police officer; (2) sheriff; (3) constable; (4) marshal; or (5) deputy of any of those persons. As added by P.L.12-1995, SEC.4. Amended by P.L.114-2012, SEC.4; P.L.209-2021, SEC.2.

Sec. 26.9. "Lawful detention" has the meaning set forth in IC 35-31.5-2-186. As added by P.L.209-2021, SEC.3.

Sec. 27. "Legislative body" means the body having the power to adopt county, city, or town ordinances under IC 36-1-3-6. [1986 Recodification Citation: New.] As added by P.L.5-1986, SEC.1.

Sec. 27.3. "Legislative caucus committee" means an organization that satisfies all of the following: (1) The organization is organized by members of the general assembly who belong to the same state political party. (2) The organization proposes to influence only the election of …

Sec. 28. "Legislative office" refers to senator and representative in the general assembly. [Pre-1986 Recodification Citation: 3-4-1-19 part.] As added by P.L.5-1986, SEC.1.

Sec. 29. "Local office" means a circuit office, county office, city office, town office, township office, or other civil office for which the electorate of a political subdivision votes. The term includes all elected offices other than federal, state, legislative, and school boar…