Title 3, TITLE 3. ELECTIONS

Sec. 1. This chapter applies to a challenge to a voter made by a precinct election officer, a watcher, a challenger, or a pollbook holder under this title. As added by P.L.164-2006, SEC.4.

Sec. 2. A person may not challenge the right of an individual to vote at an election in the precinct solely on the basis of the individual's: (1) enrollment in an educational institution; or (2) registration to vote at an address that is housing provided for students by the educa…

or question Sec. 3. Except as permitted in a primary election under IC 3-10-1, a person may not challenge the right of an individual to vote at an election in the precinct solely on the basis of the individual's: (1) actual or perceived affiliation with a political party; or (2) …

Sec. 4. If a county election board determines that a person has violated a provision of this chapter, the board may remove a precinct election officer from office or void the credentials of a watcher, challenger, or pollbook holder. As added by P.L.164-2006, SEC.4.

Sec. 5. If a county election board determines that a person has knowingly violated a provision of this chapter, the county election board may refer the matter to the prosecuting attorney as a violation of IC 3-14-3-4 (obstruction of a voter). As added by P.L.164-2006, SEC.4.

As added by P.L.209-2003, SEC.13. Repealed by P.L.221-2005, SEC.145.

enforcement Sec. 10. A person entitled to file a complaint under this chapter may file a complaint with the county election board where the violation allegedly occurred under IC 3-6-5.1. If a person filed a complaint under IC 3-6-5.1, the election division shall not begin enforce…

duties of commission chair Sec. 11. This section applies if the complaint alleges that either co-director of the election division has committed the violation. The aggrieved person shall file the complaint with the chair of the commission. The chair of the commission shall perfor…

Sec. 12. As permitted under 52 U.S.C. 21112, the election division (or commission) may consolidate complaints filed under this chapter. As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.18.

notice of dismissal Sec. 13. The election division shall determine whether a complaint filed under this chapter describes a violation of Title III if the facts set forth in the complaint are assumed to be true. If the election division determines that: (1) even if the facts set f…

Sec. 14. If the election division dismisses a complaint under section 13 of this chapter, the election division shall provide a copy of this determination to: (1) the person who filed the notice by first class mail with tracking; (2) the person alleged to have committed the viola…

Sec. 15. If the election division determines that the complaint alleges a violation of Title III if the facts alleged in the complaint are assumed to be true and that the person has complied with section 7 of this chapter, the election division shall conduct an investigation unde…

report; persons provided copy of report Sec. 16. The election division, upon completing the investigation, shall submit the results of the investigation to the commission, which shall then issue a written report. The election division shall provide a copy of the report to: (1) th…

Sec. 17. The report described in section 16 of this chapter must: (1) indicate the date when the complaint alleging the violation was received by the election division; (2) contain findings of fact regarding the alleged violation and state whether a violation of Title III has occ…

Sec. 18. As required by 52 U.S.C. 21112, at the request of the person filing a complaint, or at the request of a member of the commission, the commission shall conduct a hearing on the complaint and prepare a record of the hearing. A request for a hearing must be filed with the e…

Sec. 19. After concluding the hearing, the commission shall: (1) affirm the report; (2) amend the report; or (3) refer the matter to the election division for further investigation and submission of a subsequent report to the commission. As added by P.L.209-2003, SEC.13.…

Sec. 2. As used in this chapter, "Title III" refers to Title III of HAVA (52 U.S.C. 21081 through 52 U.S.C. 21085). As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.13.

Sec. 20. As required by 52 U.S.C. 21112, if the commission determines that based on the evidence presented, there is no violation of any provision of Title III or that the person has not complied with section 7 of this chapter, the commission shall dismiss the complaint and publi…

Sec. 21. As authorized by 52 U.S.C. 21112, if the commission determines that there is a violation of any provision of Title III, the commission shall determine and provide the appropriate remedy if authorized by law to do so. If providing the remedy would require additional or am…

Sec. 22. The secretary of state may file a civil action seeking declaratory or injunctive relief to secure or implement a remedy determined by the commission to be appropriate under section 21 of this chapter. As added by P.L.209-2003, SEC.13.

Sec. 23. The commission shall forward a written summary of any action taken by the commission under section 20 or 21 of this chapter to: (1) the person who filed the complaint by first class mail with tracking; (2) the person alleged to have committed the violation by first class…

Sec. 25. As required by 52 U.S.C. 21112, if the commission fails to make the final determination regarding the complaint within the period applicable to the complaint under section 24 of this chapter, the complaint shall be resolved not later than sixty (60) days after the deadli…

Sec. 26. A complaint described by section 25 of this chapter shall be resolved by referral to an arbitrator selected jointly by the commission and the person who filed the complaint. As added by P.L.209-2003, SEC.13.

Sec. 27. As provided by 52 U.S.C. 21112, the record and other materials from any proceedings conducted by the commission shall be made available for use by the arbitrator. As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.24.

Sec. 28. The arbitrator shall file a report with the election division setting forth the resolution of the complaint. The report must specify the following: (1) Whether a violation of Title III has occurred or was about to occur when the complaint was filed. (2) The appropriate r…

Sec. 3. As required by 52 U.S.C. 21112, this chapter establishes the state based administrative complaint procedures to remedy grievances concerning uniform and nondiscriminatory election technology and administrative requirements under Title III. As added by P.L.209-2003, SEC.13…

Sec. 4. The remedies provided under this chapter are supplemental to any other remedies provided to an aggrieved party under this title. As added by P.L.209-2003, SEC.13.

Sec. 5. As required by 52 U.S.C. 21112, the procedures prescribed by this chapter must be uniform and nondiscriminatory. As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.15.

Sec. 6. As provided by 52 U.S.C. 21112, a person who believes there is a violation of any provision of Title III, including a violation that has occurred, is occurring, or is about to occur, may file a complaint with the election division. As added by P.L.209-2003, SEC.13. Amende…

Sec. 7. As required by 52 U.S.C. 21112, a complaint filed under this chapter must be written, signed, and sworn to before an individual authorized to administer an oath under IC 33-42-9. As added by P.L.209-2003, SEC.13. Amended by P.L.98-2004, SEC.26; P.L.128-2015, SEC.17; P.L.1…

Sec. 8. The complaint filed under section 7 of this chapter must state the following: (1) The name and mailing address of the person alleged to be committing the violation of Title III described in the complaint. (2) Whether the person filing the complaint has filed a complaint c…

identified in complaint Sec. 9. The election division shall promptly provide a copy of the complaint by first class mail to the members of the commission and the persons identified in the complaint. As added by P.L.209-2003, SEC.13.