Title 3, TITLE 3. ELECTIONS
169 chapters · 2,794 sections in this title.
Ind. Code § 3-11-4-17.8 Official replacement ballots; procedures
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Sec. 17.8. (a) This section applies to a replacement ballot issued under section 17.7 of this chapter. (b) The county election board shall enclose the official replacement ballot in an envelope that complies with section 20 of this chapter. The envelope must contain a notation th…
Ind. Code § 3-11-4-18 Transmitting ballots; tracking ballots; additional
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documentation; voter education program Sec. 18. (a) If a voter satisfies any of the qualifications described in IC 3-11-10-24 that entitle a voter to cast an absentee ballot by mail, the county election board shall, at the request of the voter, mail the official ballot, postage f…
Ind. Code § 3-11-4-18.5 Challenge absentee voter application; affidavit; referral to
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county election board Sec. 18.5. (a) Upon receipt of an absentee ballot application, a member of the county election board or a member of an absentee voter board may file an affidavit with the county election board alleging that the application: (1) was not submitted by a voter o…
Ind. Code § 3-11-4-19 Necessity of circuit court clerk's official seal and signature and
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initials of members of absentee voter board Sec. 19. (a) Subject to IC 3-5-4-9, a ballot that is mailed must bear the circuit court clerk's official seal and signature or facsimile signature on the back of the ballot. Before the ballot is mailed: (1) the two (2) members of the ab…
Ind. Code § 3-11-4-2 Application for absentee ballot; assistance; providing an
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application; identification numbers; handling; affidavits Sec. 2. (a) A voter who wants to vote by absentee ballot must apply to the county election board for an absentee ballot. Except as provided in subsection (b), the voter must sign the absentee ballot application. (b) If a v…
Ind. Code § 3-11-4-2.1 False, fictitious, or fraudulent absentee ballot application;
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delivery to county election board; sworn statement; county election board action Sec. 2.1. If a person receives a completed absentee ballot application that the person has reason to believe is materially false, fictitious, or fraudulent, the person shall deliver the application t…
Ind. Code § 3-11-4-2.2 Providing identification numbers and temporary credential
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information; updating voter registration record; confidentiality Sec. 2.2. (a) Each day the bureau of motor vehicles shall provide to the secretary of state and the election division: (1) driver's license numbers; (2) identification card numbers; and (3) the last four (4) digits …
Ind. Code § 3-11-4-20 Envelope; enclosure of ballot; addressee
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Sec. 20. An absentee ballot mailed under section 18 of this chapter shall be enclosed in an envelope, unsealed and stamped for return to the county election board by at least first class mail. One (1) side of the envelope must bear the name, official title, and post office addres…
Ind. Code § 3-11-4-21 Envelope; affidavit
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Sec. 21. (a) On the other side of the envelope required by section 20 of this chapter shall be printed an affidavit in conformity with 52 U.S.C. 20302(b) and with the name of the precinct completed by the county election board, providing that the voter affirms under penalty of pe…
Ind. Code § 3-11-4-3 Time periods during which an application for absentee ballot
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may be received; forwarding application to county where voter is registered to vote Sec. 3. (a) Except as provided in subsection (c) and section 6 of this chapter, an application for an absentee ballot must be received by the circuit court clerk (or, in a county subject to IC 3-6…
Ind. Code § 3-11-4-4 Manner of making application; furnished forms; fax and
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electronic mail applications Sec. 4. (a) Applications may be made on application forms approved by the election division by any of the following means: (1) In person. (2) By fax transmission. (3) By mail (including United States mail or bonded courier). (4) By electronic mail wit…
Ind. Code § 3-11-4-5 Repealed
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[Pre-1986 Recodification Citation: 3-1-22-3 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.14-1987, SEC.2; P.L.3-1987, SEC.226; P.L.5-1988, SEC.5; P.L.10-1988, SEC.104; P.L.5-1989, SEC.52; P.L.10-1989, SEC.7; P.L.1-1990, SEC.8; P.L.7-1990, SEC.42; P.L.4-1991, SEC.68. Repeal…
Ind. Code § 3-11-4-5.1 Application form; contents
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Sec. 5.1. (a) The election division shall prescribe the form of an application for an absentee ballot. (b) This subsection does not apply to the form for an absentee ballot application to be submitted by an absent uniformed services voter or overseas voter that contains a standar…
Ind. Code § 3-11-4-5.2 Direct mailings including application for absentee ballot;
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required information about sender of communication Sec. 5.2. (a) This section does not apply to a direct mailing of one hundred (100) or less substantially similar pieces of mail. (b) A communication including an absentee ballot application form: (1) approved or authorized for us…
Ind. Code § 3-11-4-5.5 Election division designated as single office for voter
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registration and absentee ballot procedures for overseas and absent uniformed services voters; MOVE exception Sec. 5.5. In accordance with 52 U.S.C. 20302(b), but subject to section 5.7 of this chapter, the election division is designated as the single office in Indiana responsib…
Ind. Code § 3-11-4-5.7 Military and Overseas Voter Empowerment Act; delegation of
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authority to counties; designation of communications means; providing applications to voters; security and privacy of application requests; providing information to voters; free access system Sec. 5.7. (a) As used in this section, "MOVE" refers to the Military and Overseas Voter …
Ind. Code § 3-11-4-5.8 Voter with print disabilities; requesting voter registration
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application, absentee ballot application; use of electronic mail, fax, or web publication Sec. 5.8. (a) A voter with print disabilities may use electronic mail, fax, or web publication to request: (1) a voter registration application; and (2) an absentee ballot application; from …
Ind. Code § 3-11-4-6 Absent uniformed services voters, overseas voters, address
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confidentiality voters, and voters with print disabilities; transmission of applications and ballots Sec. 6. (a) This section applies, notwithstanding any other provision of this title, to absentee ballot applications for the following: (1) An absent uniformed services voter. (2)…
Ind. Code § 3-11-4-6.1 Repealed
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As added by P.L.66-2010, SEC.15. Repealed by P.L.225-2011, SEC.93.
Ind. Code § 3-11-4-6.2 Expiration of designation as absent uniformed services voter,
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overseas voter, or voter with print disabilities in computerized list Effective 1-1-2024. Sec. 6.2. (a) This section applies to an absent uniformed services voter, an overseas voter, or a voter with print disabilities. (b) The designation of a voter registration record in the com…
Ind. Code § 3-11-4-7 Uniformed services voters, overseas voters, and address
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confidentiality voters; requirements for application Sec. 7. (a) An absentee ballot application under section 6 of this chapter must be made on a standard form approved under 52 U.S.C. 20301(b) or on the form prescribed by the election division under section 5.1 of this chapter. …
Ind. Code § 3-11-4-8 Nonresident overseas voter; entitled to receive only federal
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ballots; precinct of voter Sec. 8. (a) This section applies to an overseas voter described in IC 3-5-2-34.5(3). (b) An overseas voter who resides outside the United States and who is no longer a resident of a precinct in Indiana is only entitled to receive absentee ballots for a …
Ind. Code § 3-11-4-9 Repealed
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[Pre-1986 Recodification Citation: 3-1-22-3.5(b).] As added by P.L.5-1986, SEC.7. Amended by P.L.14-1987, SEC.6; P.L.3-1987, SEC.227; P.L.8-1992, SEC.23; P.L.2-1996, SEC.144. Repealed by P.L.126-2002, SEC.93.
Ind. Code § 3-12-4-1 Members of county election board to canvass votes in county
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Sec. 1. The members of each county election board shall canvass the votes cast in the county. [Pre-1986 Recodification Citation: 3-1-25-8 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.187.
Ind. Code § 3-12-4-10 Statement prepared by circuit court clerk; contents; copy for
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candidate Sec. 10. (a) The statement prepared under section 9 of this chapter must contain: (1) the name of each candidate; (2) the elected offices; (3) the total number of votes received by each candidate; (4) the total number of votes received by each candidate and cast for and…
Ind. Code § 3-12-4-11 Statement prepared by circuit court clerk; signature of county
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election board Sec. 11. Each member of the county election board shall sign the statement prepared by the circuit court clerk under section 9 of this chapter. [Pre-1986 Recodification Citation: 3-1-25-11 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.195.
Ind. Code § 3-12-4-12 Statement prepared by circuit court clerk; copies to county
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chairman of each political party upon request Sec. 12. After the county election board certifies the election results under section 9 of this chapter, the circuit court clerk shall furnish, upon request, to the county chairman of each political party a copy of the statement. [Pre…
Ind. Code § 3-12-4-13 Delivery of canvass sheets, certificates, poll lists, and tally
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papers to circuit court clerk Sec. 13. After the county election board has tabulated the vote: (1) the canvass sheets used by the board; and (2) the certificates, poll lists, and tally papers returned by each inspector in the county; shall be delivered to the circuit court clerk.…
Ind. Code § 3-12-4-14 Tie votes
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Sec. 14. If two (2) or more candidates receive the highest and an equal number of votes for a local office, the county election board shall: (1) declare that no person is elected to fill the office; and (2) certify the tie vote in the statement prepared by the circuit court clerk…
Ind. Code § 3-12-4-15 Conditions prohibiting rejection of certificates, poll lists, or
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tally papers; return from precinct election board Sec. 15. A county election board may not reject the certificates, poll lists, or tally papers returned from a precinct election board: (1) for lack of form or for not being strictly in accordance with the directions contained in t…
Ind. Code § 3-12-4-16 Repealed
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[Pre-1986 Recodification Citation: 3-1-25-15 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.200; P.L.84-2016, SEC.10. Repealed by P.L.193-2021, SEC.95.
Ind. Code § 3-12-4-17 Repealed
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[Pre-1986 Recodification Citation: 3-1-25-15 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.201; P.L.84-2016, SEC.11. Repealed by P.L.193-2021, SEC.96.
Ind. Code § 3-12-4-18 Electronic voting systems; inspection of registering counter or
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other recording device; filing notice of order with secretary of state; time Sec. 18. If electronic voting systems are used in a precinct, the county election board may, upon the adoption of an order by unanimous vote of the entire membership of the board, inspect the registering…
Ind. Code § 3-12-4-19 Electronic voting systems; place of inspection; presence of
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accredited representative of each major political party Sec. 19. To inspect an electronic voting system under section 18 of this chapter, the county election board may proceed to any place in the county where the system is located, kept, or stored. However, the board shall make t…
Ind. Code § 3-12-4-2 Repealed
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[Pre-1986 Recodification Citation: 3-1-25-9.] As added by P.L.5-1986, SEC.8. Repealed by P.L.3-1993, SEC.282.
Ind. Code § 3-12-4-20 Electronic voting systems; comparison of number of votes
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registered on counter with returns made by precinct election board Sec. 20. When making an inspection under section 18 of this chapter, a county election board shall compare the number of votes registered on the counter or other recording device on the electronic voting systems w…
Ind. Code § 3-12-4-21 Electronic voting systems; discrepancy between number of
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votes registered and returns made by precinct election board; correction Sec. 21. If there is a discrepancy between the number of votes registered on an electronic voting system and the returns made by the precinct election board, the county election board shall correct the retur…
Ind. Code § 3-12-4-22 Contested election or nomination; recount; corrected returns
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as prima facie evidence of vote Sec. 22. If a nomination or election is contested or a recount is conducted, the returns of each precinct election board, as corrected by the county election board under section 21 of this chapter, constitute prima facie evidence of the vote cast f…
Ind. Code § 3-12-4-23 Tally papers
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Sec. 23. The county election board shall have tally papers printed for use in tabulating the vote at each election held under its jurisdiction. The tally papers must: (1) contain the name of each office and candidate to be voted for at an election; (2) provide for tallying the vo…
Ind. Code § 3-12-4-3 Compensation of members of county election board
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Sec. 3. The members of a county election board shall be compensated for their services as canvassers in an amount to be fixed by the county executive. [Pre-1986 Recodification Citation: 3-1-25-10 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.188.
Ind. Code § 3-12-4-4 Employment of clerical assistants and write-in teams;
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nonpartisan student assistants Sec. 4. (a) Each county election board may employ clerical assistants if necessary for the proper canvassing and tabulating of the vote. However, except as provided in subsection (d), not more than one-half (1/2) of the assistants employed by the bo…
Ind. Code § 3-12-4-5 Compensation of clerical assistants
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Sec. 5. A county election board shall pay an assistant hired under section 4 of this chapter a reasonable rate of compensation for the assistant's services. [Pre-1986 Recodification Citation: 3-1-25-10 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.357; P.L.3-19…
Ind. Code § 3-12-4-5.5 Chapter establishes standards to define vote
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Sec. 5.5. 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 by a county election board. As added …
Ind. Code § 3-12-4-6 Canvass of certificates, poll lists, and tally papers returned by
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inspectors; providing room in courthouse Sec. 6. (a) At 6 p.m. on each election day, the county election board shall assemble in a room to canvass the certificates, poll lists, and tally papers returned by each inspector in the county and to declare the results of the election as…
Ind. Code § 3-12-4-6.5 Required use of a universal serial bus (USB) drive containing
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anti-malware protection features or other approved data storage transfer methods to upload unofficial election results Sec. 6.5. (a) This section applies to a county that uploads unofficial precinct level results from a direct record electronic voting system to the computerized l…
Ind. Code § 3-12-4-7 Counties over 300,000; providing of assembly room
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Sec. 7. In each county having a population of more than three hundred thousand (300,000), the county executive shall, upon the written request and order of the judge of the circuit court of the county and at least ten (10) days before the election, provide a suitable assembly roo…
Ind. Code § 3-12-4-8 Examination and comparison of certificates, poll lists, and tally
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sheets; aggregating and tabulating vote for county and political subdivision Sec. 8. The county election board shall: (1) carefully examine and compare the certificates, poll lists, and tally sheets; and (2) aggregate and tabulate from the papers entrusted to it the vote for the …
Ind. Code § 3-12-4-9 Declaration of candidate with highest vote count; tabulation of
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votes for public question; certification of results Sec. 9. (a) This subsection applies to: (1) a local or school board office with an election district located entirely within one (1) county, except for an office for which a declaration of candidacy is filed with the election di…
Ind. Code § 3-13-4-1 Governor or lieutenant governor
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Sec. 1. A vacancy in the office of governor or lieutenant governor shall be filled as provided in Article 5, Section 10 of the Constitution of the State of Indiana. [Pre-1986 Recodification Citation: Ind. Const. Art. 5, § 10 part.] As added by P.L.5-1986, SEC.9.
Ind. Code § 3-13-4-2 Office of justice of supreme court, judge of the court of
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appeals, or judge of tax court Sec. 2. A vacancy in the office of justice of the supreme court, judge of the court of appeals, or judge of the tax court shall be filled as provided in IC 33-27. [Pre-1986 Recodification Citations: Ind. Const. Art. 7, §§ 9, 10, 11; 33-3-5-6.] As ad…