Title 3, ELECTIONS

Sec. 18. A voter or person offering to vote may not converse or communicate in a loud or disruptive manner while at the polls. [Pre-1986 Recodification Citation: 3-1-23-26 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.169-2015, SEC.113.

Sec. 18.5. A voter may bring into the polling place a list of candidates and public questions for the voter's use in voting, including a list stored on a cellular telephone or similar electronic device, as long as electioneering does not occur. As added by P.L.169-2015, SEC.114.

Sec. 19. Voters shall approach and enter the chute in the order in which they appear for the purpose of voting. After entering the polls, the voter shall proceed to the designated area for challengers. A voter shall immediately announce the voter's full and true name to the chall…

Sec. 2. A voter shall vote at the polls for the precinct where the voter resides except when authorized to vote in another precinct under IC 3-10-10, IC 3-10-11, or IC 3-10-12. [Pre-1986 Recodification Citations: 3-1-22-19 part; 3-1-23-18.] As added by P.L.5-1986, SEC.7. Amended …

Sec. 20. If a voter offering to vote is challenged by a challenger or by a member of the precinct election board, the person challenging the voter shall reduce the challenge to affidavit form, setting forth succinctly the reasons for the challenge. [Pre-1986 Recodification Citati…

Sec. 21. The affidavit of challenge prescribed by section 20 of this chapter must set forth under oath or affirmation the following: (1) The name of the challenger. (2) The name of the person being challenged. (3) The reasons the challenger believes the person being challenged is…

Sec. 22.1. (a) This subsection applies to a voter: (1) whose name does not appear on the poll list for the precinct; and (2) who produces a certificate of error issued under IC 3-7-48-1. If the voter is not challenged under IC 3-10-1 or this chapter, the voter shall be provided w…

Sec. 23. (a) If a challenged voter has already made an affirmation or executed an affidavit under IC 3-7-48-7.5, IC 3-10-10-9, IC 3-10-11-4.5, or IC 3-10-12-5, the challenged voter is not required to execute an additional affidavit under this section. (b) The affidavit of a chall…

Sec. 23.5. In accordance with 52 U.S.C. 21082, a voter challenged under section 21 of this chapter is entitled to cast a provisional ballot under IC 3-11.7 after executing the affidavit under section 23 of this chapter. As added by P.L.209-2003, SEC.133. Amended by P.L.164-2006, …

Sec. 25.1. (a) Except as provided in subsection (e), a voter who desires to vote an official ballot at an election shall provide proof of identification. (b) Except as provided in subsection (e), before the voter proceeds to vote in the election, a precinct election officer shall…

Sec. 25.2. (a) The poll clerk or assistant poll clerk shall examine the list provided under IC 3-7-29-1 to determine if the county election board has indicated that the voter is required to provide additional personal identification under: (1) 52 U.S.C. 21083 and IC 3-7-33-4.5; o…

Sec. 25.3. If the voter makes: (1) a written affirmation on the poll list that the voter resides at an address that is within the same precinct, but not at the address shown on the poll list for the precinct; or (2) an oral affirmation of a change of address under IC 3-7-39-7; th…

Sec. 25.5. If an individual signs the individual's name and either: (1) signs the individual's address; or (2) checks the "Address Unchanged" box; on the poll list or provides the information for entry by the poll clerk into the electronic poll list under section 25.1 of this cha…

Sec. 25.7. (a) This section applies only to a voter who is a member of the military or public safety officer. (b) Notwithstanding section 25.5 of this chapter, if a voter signs the voter's name and either: (1) writes the voter's address; or (2) checks the "Address Unchanged" box;…

Sec. 26.1. (a) If a voter: (1) cannot sign; or (2) is a voter with a disability that makes it difficult for the voter to sign; the voter's name and address, the poll clerks shall, by proper interrogation, satisfy themselves that the voter is the person the voter represents the vo…

Sec. 27. If a member of a precinct election board is not satisfied that a person who offers to vote is the person who the person represents the person to be, the member may challenge the person and the person may vote only if the person signs the affidavit required to be signed b…

Sec. 27.5. In accordance with 52 U.S.C. 21082, a voter challenged under section 27 of this chapter is entitled to cast a provisional ballot under IC 3-11.7 after executing the affidavit under section 23 of this chapter. As added by P.L.209-2003, SEC.139. Amended by P.L.164-2006, …

Sec. 29. (a) This section does not apply to a list kept by a poll clerk under section 10.5 of this chapter. (b) A precinct election board may not keep a poll list other than the poll list required by section 25.1 of this chapter. [Pre-1986 Recodification Citation: 3-1-23-20(c).] …

Sec. 3. (a) This section does not apply to a county using vote centers under IC 3-11-18.1. (b) Before each election each county executive shall secure for each precinct of the county an accessible facility in which to hold the election. (c) Unless the county election board adopts…

Sec. 3.1. (a) A county executive shall designate the polls for each precinct not less than twenty-nine (29) days before election day. (b) The designation of a polling place under this section remains in effect until: (1) the location of the polling place is altered by an order of…

Sec. 3.2. (a) A county election board shall give notice of the place of voting in each precinct by publication in the manner prescribed by IC 5-3-1. The notice must state whether the polls are located in an accessible facility. (b) If it is necessary to change a place for voting …

Sec. 3.4. (a) As authorized under 52 U.S.C. 21021, a county election board may apply on behalf of a county to the Secretary of Health and Human Services for payments under HAVA (52 U.S.C. 21021 through 52 U.S.C. 21025) to do the following: (1) Make polling places (including the p…

Sec. 30. Each inspector shall return the poll lists, together with the oaths of the precinct election board members, in a sealed envelope separate from all other precinct election returns to the circuit court clerk. The clerk shall preserve the poll lists for the period required …

Sec. 4. (a) School buildings, fire stations, and all other public buildings shall be made available without charge to a county for holding an election. The county may not be required to sign any agreement assuming liability as a precondition for use of the public building. (b) If…

Sec. 4.1. (a) This section does not apply to a county using vote centers under IC 3-11-18.1. (b) The polls for each precinct may be located in only one (1) place. As added by P.L.13-1988, SEC.10. Amended by P.L.258-2013, SEC.73.

Sec. 4.3. (a) If the county election board adopts an order by the unanimous vote of the entire membership of the board, the county election board may locate the polls for the precinct at the polls for an adjoining precinct, using the precinct election board of the adjoining preci…

Sec. 5. An election may not be held in a room in which alcoholic beverages are kept or sold. [Pre-1986 Recodification Citation: 3-1-23-17(b) part.] As added by P.L.5-1986, SEC.7.

Sec. 6. (a) The county executive shall locate the polls for each precinct in an accessible and secure facility. (b) In locating the polls for a precinct, a county shall consider the relevant factors to ensure the security of the location set forth in guidance provided by the secr…

currently elected official Sec. 6.3. (a) The polls may not be located in a structure on or in which is affixed any display visible to a voter of political preference or party allegiance. Except as provided in subsection (b), this section does not prohibit the location of the poll…

Sec. 7. In preparing the polls for an election, the county election board shall: (1) have placed within the room a railing separating the part of the room to be occupied by the precinct election board from that part of the room to be occupied by the ballot card voting systems, el…

Sec. 7.5. (a) This section applies to a precinct in which an electronic poll book is used and that contains a seal used in the manner described in IC 3-11-3-10. (b) Before opening the polls, the inspector and the judge of the opposite political party shall determine if the seal o…

Sec. 8. (a) The polls in each precinct open at 6 a.m. and close at 6 p.m. on election day. (b) A county election board or a board of elections and registration does not have the power to extend the hours that the polls are to be open in any precinct or vote center of the county. …

Sec. 9. The inspector of each precinct shall do both of the following: (1) Proclaim the opening and closing of the polls to the people outside the polls in a loud tone of voice. (2) Record the number of individuals who are waiting to vote, but have not yet signed the poll list, a…

Sec. 1. (a) This section does not apply to a challenge filed before an election to the eligibility of a candidate nominated by petition for election to an office. The challenge described by this subsection must be conducted in accordance with IC 3-8-1-2. (b) Any candidate for nom…

Sec. 10. The contestee shall appear and answer the petition by the day fixed in the notice issued under section 8 of this chapter unless the court extends the time for good cause. The contestee may: (1) present any defense or answer that the contestee has to the allegations of th…

Sec. 11. Any other person who was a candidate at the election for nomination or election to the office involved and upon whom notice was served under section 9 of this chapter is a party to the proceeding and may state any right or claim the person may have by an answer or counte…

Sec. 15. A contest for an office for which the voters of only one (1) county cast votes shall be tried in that county. However, a change of venue from the judge is allowed under the Indiana rules of trial procedure. A contest for an office for which the voters of two (2) or more …

Sec. 16. The court shall fix a date within twenty (20) days after the return day fixed in the notice to the contestee for the hearing of a contest. [Pre-1986 Recodification Citation: 3-1-28-6 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.157.

Sec. 17. (a) A contest shall be heard and determined by the court without a jury subject to the Indiana Rules of Trial Procedure. (b) The court shall determine the issues raised by the petition and answer to the petition. (c) After hearing and determining a petition alleging that…

Sec. 17.5. (a) After a special election ordered under section 17 of this chapter is conducted, the county election board shall issue a corrected canvass of the votes. The corrected canvass must substitute the votes cast in the special election in a precinct for each candidate for…

Sec. 18. A circuit court clerk shall certify the determination made concerning the election contest under section 17 of this chapter to the: (1) county election board; (2) election division, if the contest concerned an office for which a declaration of candidacy must be filed wit…

Sec. 19. The judgment and determination of a court under section 17 of this chapter are final, although an appeal may be taken. [Pre-1986 Recodification Citation: 3-1-28-6 part.] As added by P.L.5-1986, SEC.8.

Sec. 2. An election may be contested under section 1 of this chapter if a petitioner alleges that one (1) of the following circumstances existed: (1) The contestee was ineligible (other than a candidate in a primary election certified as deceased under IC 3-8-7-1). (2) A mistake …

Sec. 2.5. (a) This section does not apply to a contest concerning whether a contestee was ineligible as alleged under section 2(1) of this chapter. (b) This chapter is enacted to comply with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory standards to define what wi…

Sec. 20. If a contest involves the nomination or election of the judge of the court in which the petition of contest is filed, and the regular judge of the court is a party to the case, then the regular judge is disqualified to act in any way in the case. The judge shall, within …

Sec. 21. On demand of a person receiving a commission or certificate of election issued following the certification under section 18 of this chapter, a person in possession of the office in question shall vacate the office. If the person in possession fails to do so, the court ma…