Title 3, TITLE 3. ELECTIONS

Sec. 2. (a) A vacancy that occurs, other than by resignation, in the office of prosecuting attorney shall be certified to the governor by the circuit court clerk of the county in which the prosecuting attorney resided. (b) A vacancy in the office of prosecuting attorney that was …

Sec. 3. (a) A vacancy in the office of clerk of the circuit court that was last held by a person elected or selected as a candidate of a major political party of the state shall be filled by a caucus under IC 3-13-11. (b) A vacancy that occurs in the office of clerk of the circui…

As added by P.L.13-1992, SEC.4. Amended by P.L.12-1995, SEC.93; P.L.8-1995, SEC.66; P.L.2-1996, SEC.210; P.L.3-1997, SEC.411; P.L.209-2003, SEC.194. Repealed by P.L.164-2006, SEC.143.

manner; second or subsequent offense Sec. 1.1. (a) A person who grants a request for voter registration information under IC 3-7-26.3 or IC 3-7-27 with knowledge that the information will be used in a manner prohibited by IC 3-7-26.3 or IC 3-7-27 commits a Class B infraction. (b)…

infraction; misdemeanor Sec. 2. (a) This section does not apply to: (1) political activities; or (2) political fundraising activities. (b) A person who uses voter registration information obtained under IC 3-7-26.3 or IC 3-7-27 to solicit the sale of merchandise, goods, services,…

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.2-1996, SEC.204; P.L.3-1997, SEC.337. Repealed by P.L.278-2019, SEC.128.

Sec. 10. If necessary, a true duplicate copy shall be made of the damaged ballot card in the presence of witnesses and substituted for the damaged card. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

Sec. 11. A duplicate ballot card shall be made of a defective card, not including the uncounted votes. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. IC 3-11.5-6-12 Duplicate cards; identification information Sec. 12. All duplicate cards must: (1) be clearly labeled "dup…

Sec. 13. Each duplicate ballot card shall be counted instead of the damaged or defective card. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

question; manual tabulation Sec. 14. 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 absentee ballot votes for that office shall be counted manually. As added by P.L.3-1993, SEC.176 and P.L.19-1…

Sec. 15. If for any reason the county election board determines that it is impracticable to count all or some of the absentee ballots under this chapter with an automatic tabulating machine, the board may direct that the ballot cards be counted manually. As added by P.L.3-1993, S…

Sec. 16. If ballot cards are counted manually, the tabulation of votes must comply with the standards prescribed by IC 3-11-7. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

Sec. 17. IC 3-11.5-5-14 applies to the counting of write-in absentee ballots for a federal office cast on a ballot card received under 52 U.S.C. 20301. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.128-2015, SEC.200.

Sec. 18. 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, …

memorandum Sec. 19. The number of votes that each candidate and each 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…

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

Sec. 20. The absentee ballot counters shall deliver the certificates prepared under section 18 of this chapter and the return printed by the automatic tabulating machine to the county election board immediately upon the tabulation of the vote in each precinct. As added by P.L.3-1…

having a consolidated city Sec. 21. (a) 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, t…

Sec. 22. 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. 23. The circuit court clerk shall file the oath taken under section 22 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. 24. 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. 25. The circuit court clerk shall do the following: (1) Lock the receptacle provided under section 24 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. 26. 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.146; P.L.193-2021, SEC.73.

elections Sec. 27. 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…

Sec. 28. 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. 29. 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 …

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.271-2013, SEC.34; P.L.76-2014, SEC.53; P.L.169-2015, SEC.145; P.L.100-2018, SEC.18; P.L.210-2018, SEC.4. Repealed by P.L.109-2021, SEC.67.

Sec. 30. 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. 31. 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. 32. (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. 33. 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 the ballots be counted manually; or (2) a request for a manual recount is made under…

Sec. 4. (a) This subsection does not apply to a county having a consolidated city. To minimize delay, the absentee ballot counters shall continue to count without interruption until all absentee ballots for the precinct are canvassed and the certificates required by this chapter …

consolidated city Sec. 5. (a) This section does not apply to a county having a consolidated city. (b) The absentee ballot counters shall determine if the ballot cards are properly grouped and arranged so that all similar cards from a precinct are together before the ballots are c…

Sec. 6. During the tabulation of votes at a central counting location, an absentee ballot counter performing the count, a member of the county election board, or a representative designated by the member of the board may protest the counting of a ballot or part of a ballot cast b…

Sec. 7. If the absentee ballot counters cannot agree whether to count a ballot following a protest under section 6 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. 8. Following a decision by the absentee ballot counters or the county election board: (1) the absentee ballot counters immediately shall write on the back of the protested ballot card the word "counted" or "not counted", as appropriate; and (2) the person protesting the ball…

Sec. 9. If an absentee ballot is damaged or defective so that the ballot cannot properly be counted by an automatic tabulating machine, a remake team composed of one (1) person from each of the major political parties of the county shall have the card prepared for processing so a…

Sec. 1. (a) Provisional ballot counters shall conduct the activities conducted by precinct election officials under IC 3-12-4. (b) The returns of provisional ballot counters shall be treated the same as the returns of a precinct election board under IC 3-12-4. As added by P.L.126…

Sec. 2. A provisional ballot is considered to be cast in the precinct in which the voter who cast the ballot resides for the purpose of the following: (1) IC 3-12-6. (2) IC 3-12-11. (3) IC 3-12-12. As added by P.L.126-2002, SEC.87.

determine whether vote is counted; entry of information into computerized list; access of information by individual; confidentiality; written instructions Sec. 3. (a) As required by 52 U.S.C. 21082, a county election board shall establish a free access system such as a toll-free …

As added by P.L.193-2021, SEC.81. Repealed by P.L.115-2022, SEC.13.