Title 3, ELECTIONS

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 …

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 a ballot in a primary election in a strong paper bag or envelope and securely seal it. Each memb…

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 violator. (c) The commission and b…

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…

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 thing on the gr…

Sec. 7. If a person who has given or received money or other property to or from another person for the purpose of influencing any voter's vote at an election informs upon and testifies against the person receiving or giving the money in a criminal prosecution, the person informi…

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 referred to in any of subdivisions (1) through (2). (b) As used in this section, "date of conviction" refers to the date when:…

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. 14. (a) This section applies to the counting of federal write-in absentee ballots described in IC 3-11-4-12.5. (b) If a voter writes an abbreviation, a misspelling, or other minor variation instead of the correct name of a candidate or political party, that vote shall be cou…

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…

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 board regarding a protested ballot. (3) The preparation of …

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. 6. The ballots shall be counted by laying each ballot upon a table in the order in which the ballot was opened under IC 3-11.5-4-12. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

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…

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 marked and cast by a voter in compliance with this title; but (2) may not otherwise be counted…

Sec. 1.7. (a) This section does not apply to a provisional ballot cast by a voter for any of the following reasons: (1) The provisional ballot was cast by the voter under a court order extending the hours that the polls were open. (2) The provisional ballot was cast by a voter wh…

Sec. 10. If the counters cannot agree whether to count a ballot following a protest under section 9 of this chapter, the question shall be referred to the county election board for a decision. As added by P.L.126-2002, SEC.87.

Sec. 11. Following a decision by the counters or the county election board, the counters shall sign each protested ballot. As added by P.L.126-2002, SEC.87.

Sec. 12. If a ballot or any part of a ballot is protested and the protest is resolved, the counter immediately shall write on the back of the protested ballot the word "counted" or "not counted", as appropriate. As added by P.L.126-2002, SEC.87.

Sec. 13. A counter may not count provisional ballots for a precinct under this chapter while counting provisional ballots for any other precinct. As added by P.L.126-2002, SEC.87.

Sec. 14. (a) This section applies if at least two (2) sets of counters in a county are counting provisional ballots under this chapter. (b) A set of counters may count provisional ballots from a precinct while another set of counters is counting provisional ballots from another p…

Sec. 15. (a) This section applies to the counting of write-in provisional ballots. (b) If a voter writes an abbreviation, a misspelling, or other minor variation instead of the correct name of a candidate or political party, that vote shall be counted if the intent of the voter c…

Sec. 16. When all the votes have been counted, the 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.126-2002, SEC.87.

Sec. 17. The number of votes that each candidate and public question received shall be written in words and numbers. The 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 county election b…

Sec. 18. The counters shall deliver the certificates prepared under section 16 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.126-2002, SEC.87.