Title 3, TITLE 3. ELECTIONS

under IC 3-11-3-10 Sec. 15. If an inspector fails to appear at the office of the circuit court clerk under section 10 of this chapter, the inspector is not entitled to compensation for services at the election. [Pre-1986 Recodification Citation: 3-1-23-7 part.] As added by P.L.5-…

[Pre-1986 Recodification Citation: 3-1-23-8 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.215; P.L.3-1993, SEC.119; P.L.12-1995, SEC.75; P.L.209-2003, SEC.107. Repealed by P.L.164-2006, SEC.143.

[Pre-1986 Recodification Citation: 3-1-23-8 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.96; P.L.199-2001, SEC.20; P.L.209-2003, SEC.108; P.L.2-2004, SEC.2. Repealed by P.L.164-2006, SEC.143.

[Pre-1986 Recodification Citation: 3-1-23-8 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.209-2003, SEC.109. Repealed by P.L.164-2006, SEC.143.

[Pre-1986 Recodification Citations: 3-1-23-3; 3-1-23-4 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.211; P.L.2-1996, SEC.134; P.L.3-1997, SEC.265; P.L.126-2002, SEC.39; P.L.14-2004, SEC.100. Repealed by P.L.221-2005, SEC.145.

Sec. 20. On the front cover of the bound looseleaf poll list sheets or the book form poll lists the following should be printed: (1) The heading: "VOTERS' POLL LIST COVER". (2) A notice to the inspector that after the polls are closed the poll list that has been used in the preci…

[Pre-1986 Recodification Citation: 3-1-23-8 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.209-2003, SEC.110. Repealed by P.L.164-2006, SEC.143.

delivery Sec. 22. (a) Each county election board shall have printed in at least 14 point type on cards in English, braille, and any other language that the board considers necessary, the following: (1) Instructions for the guidance of voters in preparing their ballots. (2) Instru…

Sec. 23. (a) The cards required by section 22 of this chapter must contain instructions to the voters as to what must be done to: (1) obtain ballots for voting; (2) prepare ballots for voting; and (3) obtain a new ballot in place of one accidentally defaced, mutilated, or spoiled…

Sec. 24. The inspector of each precinct shall have the cards required by section 22 of this chapter posted as follows: (1) One (1) of each card in each place or compartment provided for the preparation of ballots. (2) One (1) of each card at or close to the outer end of the chute…

Sec. 25. (a) This subsection applies when the county election board provides a precinct with a printed sample ballot under section 11 of this chapter. As required by 52 U.S.C. 21082, the inspector of each precinct shall post the samples of each of the state and local ballots prov…

board; report; affidavit of circumstances; resupply Sec. 26. If by accident or casualty the ballots delivered to a county election board, circuit court clerk, inspector, or other messenger are lost or destroyed, the person in custody of the ballots shall report the loss at once t…

Sec. 28. If for any reason there are no ballots or other necessary means for voting at the opening of the polls, the precinct election board shall secure them as quickly as possible. If necessary, the board may have ballots printed. However, the ballots must conform as nearly as …

before election; name change Sec. 29. (a) If a new candidate is appointed or selected under IC 3-13-1 or IC 3-13-2 after the printing of ballots and before the election, the election board shall print ballots containing the name of the new candidate, except as provided in section…

election division; printing name of former candidate on ballot; replacement ballot; effect of former candidate receiving the most votes Sec. 29.3. (a) This section applies to a candidate who has filed with the secretary of state or election division as a candidate for nomination …

board of elections and registration; printing name of former candidate on ballot; replacement ballot; effect of former candidate receiving the most votes Sec. 29.4. (a) This section applies to a candidate who has filed with a circuit court clerk or board of elections and registra…

Sec. 29.5. (a) This section applies to a general or special election in which the name of a candidate appears on the ballot. This section does not apply to an election for presidential electors. (b) The election board shall print new ballots to remove the name of a former candida…

to register all votes Sec. 3. If, in the judgment of a county election board, the number of voters in a precinct of the county where a voting system is used for voting is so large that the voting system in use will not be sufficient to register the vote of all the voters in the p…

Sec. 31. (a) Each county election board shall preserve the unused ballots that are left over after supplying the precincts, as prescribed by section 11 of this chapter. The ballots shall be preserved until expiration of the time for filing a contest or recount petition under IC 3…

Sec. 32. (a) The county election board shall securely paste the one (1) regular ballot that was preserved under section 31 of this chapter in the election record immediately before the provisional ballot placed under subsection (b). The board shall also enter below the ballot the…

Sec. 33. Whenever a general election is held, the county election board shall provide a ballot box for each precinct. [Pre-1986 Recodification Citations: 3-1-18-2 part; 3-1-23-15 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.221.

Sec. 34. Each ballot box provided under section 33 of this chapter must: (1) have an opening in the lid sufficient only for a single ballot; (2) have at least two (2) locks of different kinds and combinations, so that one (1) key will not unlock the other; and (3) be constructed …

700,000; voting system malfunction; paper ballots and necessary supplies Sec. 35. (a) This section applies to a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000). (b) In each precinct where voting is by electron…

[Pre-1986 Recodification Citation: 3-1-23-4 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.2-1996, SEC.136; P.L.3-1997, SEC.267. Repealed by P.L.219-2013, SEC.31.

[Pre-1986 Recodification Citation: 3-1-23-4 part.] As added by P.L.5-1986, SEC.7. Repealed by P.L.5-1989, SEC.120.

[Pre-1986 Recodification Citation: 3-1-23-5 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.212; P.L.2-1996, SEC.137; P.L.3-1997, SEC.268; P.L.38-1999, SEC.35; P.L.176-1999, SEC.66; P.L.126-2002, SEC.40. Repealed by P.L.221-2005, SEC.145.

[Pre-1986 Recodification Citation: 3-1-23-5 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.213; P.L.3-1997, SEC.269. Repealed by P.L.38-1999, SEC.73.

[Pre-1986 Recodification Citation: 3-1-23-5 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.95; P.L.2-1996, SEC.138. Repealed by P.L.3-1997, SEC.475.

[Pre-1986 Recodification Citation: 3-1-23-5 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.10-1997, SEC.2. Repealed by P.L.38-1999, SEC.73.

Sec. 1. (a) Subject to IC 3-12-2-5, after the marking devices have been secured against further voting under IC 3-11-13-36, the inspector shall open the ballot box and count the number of ballot cards or envelopes containing ballot cards that have been cast to determine whether t…

Sec. 1.1. 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 an optical scan voting system. As added by P.L.209-2003, SEC.183. Amended by P.L.128-2015, SEC.210.

Sec. 1.2. This section applies to a precinct where votes have been cast on a ballot card system that is designed to allow the counting and tabulation of votes by the precinct election board. If the polls for more than one (1) precinct are located in the same room, the inspector o…

Sec. 1.5. (a) During the tabulation of the votes, any member of the precinct election board in a precinct where votes have been cast on a ballot card system that is designed to allow the counting and tabulation of votes by the precinct election board may protest the counting of a…

ballot cards and automatic tabulating machines; disposition; inspector's oath Sec. 10. (a) After the voting totals have been taken and certified by a precinct election board under section 2(c) of this chapter, the inspector shall: (1) seal each automatic tabulating machine used i…

Sec. 11. (a) The return printed by the automatic tabulating machines, along with the return of votes by absentee and provisional voters, constitutes the official return of each precinct. Upon completion of the count, the return is open to the public. (b) This subsection applies i…

Sec. 12. Votes by absentee voters may be cast on paper ballots or ballot cards, or both methods may be used. The ballots may be counted by an automatic tabulating machine or by special canvassing boards appointed by and under the direction of the county election board. A true cop…

Sec. 12.5. To minimize the delay in the counting of the vote, the count must begin immediately upon delivery of the cards to the central counting location under section 2(b) of this chapter or upon the closing of the polls under section 2(c) of this chapter. The tabulation must c…

anti-malware protection features or other approved data storage transfer methods to upload unofficial precinct election results Sec. 12.7. (a) This section applies to a county that uploads unofficial precinct level results from a ballot card voting system to the computerized list…

Sec. 13. In case of a recount, all ballot cards shall be recounted in the manner prescribed by this chapter unless: (1) the court ordering the recount or the state recount commission directs that they be counted manually; or (2) a request for a manual recount is made under IC 3-1…

As added by P.L.3-1995, SEC.124. Repealed by P.L.193-2021, SEC.89.

Sec. 2. (a) After the ballot cards have been counted under section 1 of this chapter, the precinct election board shall comply with this section. (b) This subsection applies if the votes have been cast on a ballot card voting system that is not designed to allow the counting and …

county election board Sec. 2.2. (a) This section does not apply to an electronic poll book or voting system subject to an impoundment order issued by a court or a recount commission until the impoundment order is rescinded. (b) This subsection applies to an electronic poll book. …

Sec. 2.5. (a) Not later than ten (10) days before any election at which ballot cards will be tabulated at a central counting location, the county election board shall designate the counting location to be used for the processing or counting of ballots. (b) This counting location …

observation; open to public Sec. 3. All proceedings at a central counting location shall be directed by the appropriate election officers under the observation of at least two (2) precinct judges or other appropriate election officers who are not of the same political party. The …

Sec. 4. At a central counting location each container of ballot cards shall be opened and its contents removed. The ballot cards shall be: (1) checked to determine if the cards are properly grouped; and (2) arranged so that all similar cards from a precinct are together. [Pre-198…

uniformed services voter or overseas voter; failure of tabulating machine Sec. 5. (a) If a ballot card is damaged or defective so that it cannot properly be counted by the automatic tabulating machines, then a remake team composed of one (1) person from each of the major politica…

number Sec. 6. All duplicate ballot cards must: (1) be clearly labeled "duplicate"; and (2) bear a serial number, which shall be recorded on the damaged or defective card. [Pre-1986 Recodification Citation: 3-2-4-5(c) part.] As added by P.L.5-1986, SEC.8.

Sec. 7. Each duplicate ballot card shall be counted instead of the damaged or defective card. [Pre-1986 Recodification Citation: 3-2-4-5(c) part.] As added by P.L.5-1986, SEC.8.

test not conducted Sec. 8. If a test of automatic tabulating machines required by IC 3-11-13-22 is not conducted for a particular office or public question, the votes for that office or question shall be counted manually. If for any reason it becomes impracticable to count all or…

standards Sec. 9. If ballot cards are counted manually, the tabulation of votes must comply with the standards prescribed by IC 3-11-7. [Pre-1986 Recodification Citation: 3-2-4-5(c) part.] As added by P.L.5-1986, SEC.8.