Title 3, TITLE 3. ELECTIONS

Sec. 7. Upon receipt of the certified statements from the circuit court clerks under section 6 of this chapter and not later than noon of the last Tuesday in November, the election division shall tabulate the number of votes cast for each candidate for: (1) presidential electors …

commission and transmittal to certified candidates Sec. 8. (a) If, not later than the final date and hour for filing a recount or contest petition under IC 3-12, a circuit court clerk files a correction with the election division that amends a certified statement under section 6 …

Representative; tabulation of votes cast for each candidate; certificates of election Sec. 9. (a) Upon receipt of the certified statements from the circuit court clerks under section 6 of this chapter, the election division shall: (1) tabulate the number of votes cast for each ca…

or selected by major political party; filling legislative vacancy by other parties Sec. 0.1. (a) This chapter applies only to a vacancy in a legislative office that was last held by a person elected or selected as a candidate of a major political party of the state. (b) A vacancy…

Sec. 1. (a) A vacancy in a legislative office shall be filled by a caucus comprised of the precinct committeemen from the senate or house district where the vacancy exists who represent the same political party that elected or selected the person who held the vacated seat. (b) No…

Sec. 10. The person who last held a vacated legislative office may not be a candidate for selection to fill a vacancy in that office under this chapter for the remainder of the term. As added by P.L.8-1986, SEC.4.

Sec. 2. (a) The state chairman of the political party that elected or selected the person who held the vacated seat shall set the place, date, and time of a caucus meeting. The chairman shall send a notice, by first class mail, of the purpose, place, date, and time of the meeting…

procedure Sec. 3. (a) The state chairman or a person designated by the state chairman shall preside over a caucus meeting held under this chapter. (b) A person who desires to be a candidate to fill a vacancy under this chapter must file: (1) a declaration of candidacy with the ch…

Sec. 4. (a) To be eligible to participate in a caucus called under this chapter, an elected precinct committeeman must be entitled to vote for the legislative office for which a successor is to be selected. An elected precinct committeeman is eligible to participate in a caucus c…

Sec. 5. (a) Except as provided in this section, voting by proxy is not allowed in a caucus held under this chapter. (b) A precinct vice committeeman is entitled to participate in a caucus held under this chapter and vote as a proxy for the vice committeeman's precinct committeema…

tempore of senate or speaker of house of representatives; transmittal to secretary of state Sec. 6. The state chairman shall certify the name of the person selected under section 1 of this chapter to the president pro tempore of the senate or the speaker of the house of represent…

Sec. 7. The secretary of state shall, within fourteen (14) days after receipt of the certification under section 6 of this chapter, certify the person selected to fill the vacated seat. [Pre-1986 Recodification Citation: 2-2.1-2-3.] As added by P.L.5-1986, SEC.9.

Sec. 8. A person certified to fill a vacancy under this chapter has all the rights and duties of a member of the general assembly elected at a general election. The person serves for the remainder of the unexpired term. [Pre-1986 Recodification Citation: 2-2.1-2-4.] As added by P…

not be seated because of ineligibility; filling of seat; constitutional eligibility requirements Sec. 9. If a house of the general assembly determines that a person should not be seated as a member of that house because that person was ineligible to hold the seat for which a cert…

Sec. 1. (a) This section applies during an election whenever a voter makes an affidavit before the inspector in a precinct that a person who has offered to vote is an illegal voter in the precinct. This section does not apply to an affidavit executed by an individual who: (1) is …

grand jury; inquiry by grand jury; preservation and return of affidavits by prosecuting attorney Sec. 2. (a) Each precinct election board shall, at the close of the polls, place any affidavit prescribed by IC 3-10-1-9 to challenge the party affiliation of a person wishing to cast…

presentation to grand jury Sec. 3. (a) This section does not apply to a violation of NVRA or IC 3-7. (b) The commission and each county election board shall report a violation of this title as a felony or misdemeanor to the appropriate prosecuting attorney and the alleged violato…

Sec. 4. In addition to the duties prescribed by IC 33-39, the prosecuting attorney of each circuit shall prosecute each resident of the circuit who the prosecutor believes has violated IC 3-14-1-7, IC 3-14-1-10, IC 3-14-1-13, IC 3-14-1-14, or IC 3-14-1-14.5 in any circuit of the …

Sec. 5. When an election offense is committed, an indictment or information for the offense is sufficient if it alleges that the election was authorized by law without stating the names of the officers holding the election, the candidates voted for, or the offices filled at the e…

to witness Sec. 6. In a criminal prosecution for violation of IC 3-14-1-7, IC 3-14-1-10, IC 3-14-1-13, IC 3-14-1-14, or IC 3-14-1-14.5, a witness, except the person who is accused and on trial, may not be excused from answering a question or producing a book, paper, or other thin…

felony or class A misdemeanor; remedies if conviction is reversed, vacated, or set aside; injunctions; civil penalties Sec. 8. (a) As used in this section, "governmental entity" refers to any of the following: (1) A city. (2) A town. (3) An agency of a governmental entity referre…

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.2-1996, SEC.202; P.L.3-1997, SEC.335. Repealed by P.L.278-2019, SEC.127.

Sec. 10. If the absentee ballot counters cannot agree whether to count a ballot following a protest under section 8 of this chapter, the question shall be referred to the county election board for a decision. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

Sec. 11. Following a decision by the absentee ballot counters or the county election board, the absentee ballot counters shall officially sign each protested ballot. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

Sec. 12. An absentee ballot counter may not count absentee ballots for a precinct under this chapter while counting absentee ballots for any other precinct. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

Sec. 13. (a) This section applies if at least two (2) sets of absentee ballot counters in a county are counting absentee ballots under this chapter. (b) A set of absentee ballot counters may count absentee ballots from a precinct while another set of absentee ballot counters is c…

Sec. 15. When all the votes have been counted, the absentee ballot counters shall prepare a certificate stating the number of votes that each candidate received for each office and the number of votes cast on each public question. As added by P.L.3-1993, SEC.176 and P.L.19-1993, …

Sec. 16. The number of votes that each candidate and public question received shall be written in words and numbers. The absentee ballot counters shall prepare a memorandum of the total votes cast for each candidate and on each public question and ensure that each member of the c…

Sec. 17. The absentee ballot counters shall deliver the certificates prepared under section 15 of this chapter and the tally papers to the county election board immediately upon the tabulation of the vote in each precinct. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

Sec. 18. As soon as the ballots have been counted, the absentee ballot counters shall in the presence of the county election board do the following: (1) Place in a strong paper envelope or bag the following: (A) All ballots, voted and not voted, together with all protested and un…

Sec. 19. Upon delivery of the envelope or bag to the circuit court clerk, each absentee ballot counter shall take and subscribe an oath before the clerk stating that the counter: (1) securely kept the ballots and papers in the envelope or bag; (2) did not permit any person to ope…

Sec. 2. This chapter applies to the counting of absentee ballots cast on paper ballots. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

Sec. 20. The circuit court clerk shall file the oath taken under section 19 of this chapter with the clerk's other election documents. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

Sec. 21. The circuit court clerk shall place the envelope or bag in a receptacle provided by the county executive with two (2) different locks. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

Sec. 22. The circuit court clerk shall do the following: (1) Lock the receptacle provided under section 21 of this chapter. (2) Retain one (1) key to one (1) lock of the receptacle. (3) Give one (1) key to the other lock of the receptacle to the member of the county election boar…

Sec. 23. The circuit court clerk shall preserve the receptacle containing the envelope or bag in the clerk's office for the period required under IC 3-10-1-31.1. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.143; P.L.193-2021, SEC.70.

Sec. 24. If the election is contested, the clerk shall preserve the receptacle containing the envelope or bag as long as the contest is undetermined. During those periods the clerk shall keep the receptacle securely locked, subject only to an order of the court trying a contest. …

Sec. 25. When permitted under IC 3-10-1-31.1, the clerk and a county election board member of the opposite political party shall remove the envelope or bag from the receptacle and destroy the envelope or bag. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.…

Sec. 26. A county election board may contract with a state educational institution to dispose of the ballots. The contract must provide that: (1) the ballots will be used by the state educational institution to conduct election research; and (2) the state educational institution …

Sec. 27. Immediately upon completion of the vote count, the absentee ballot counters shall make and sign a certificate for the news media showing the total number of absentee ballot votes received by each candidate and on each public question in the precinct. As added by P.L.3-19…

Sec. 28. The absentee ballot counters shall deliver the certificate to the circuit court clerk as soon as the certificate is completed. The circuit court clerk shall deliver the certificate made for the news media to any person designated to receive the certificate by the editors…

before close of polls other than as provided by chapter Sec. 29. (a) This section applies to a person who observes or performs any of the following under this chapter: (1) The counting of absentee ballots. (2) The proceedings of absentee ballot counters or the county election boa…

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.271-2013, SEC.33; P.L.76-2014, SEC.52; P.L.169-2015, SEC.144. Repealed by P.L.109-2021, SEC.66.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.2-1996, SEC.203; P.L.3-1997, SEC.336. Repealed by P.L.230-2005, SEC.91.

Sec. 5. To minimize delay, the absentee ballot counters shall continue the count without interruption until all absentee ballots for the precinct are canvassed and the certificates required by this chapter are prepared and delivered to the person entitled to receive the certifica…

Sec. 7. During the counting of the votes, one (1) of the absentee ballot counters shall read the name of the candidates voted for from the ballots. A: (1) member of the county election board who is not a member of the same political party as the absentee ballot counter; or (2) re…

Sec. 8. During the counting of the votes: (1) an absentee ballot counter performing the counting; (2) a member of the county election board; or (3) a representative designated by the members; may protest the counting of any ballot or any part of a ballot. As added by P.L.3-1993, …

Sec. 9. If a ballot or any part of a ballot is protested, an absentee ballot counter immediately shall write on the back of the protested ballot the word "counted" or "not counted", as appropriate. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

Sec. 1. (a) After the close of the polls, provisional ballots shall be counted as provided in this chapter. (b) Notwithstanding IC 3-5-4-1.5 and any legal holiday observed under IC 1-1-9, all provisional ballots must be counted by not later than 3 p.m. ten (10) days following the…

mistake or inadvertence of election officer; when election board may determine not to count Sec. 1.5. (a) Subsection (c) applies to a provisional ballot that the county election board determines, by a majority vote of its members and in accordance with this title: (1) has been ma…