Title 3, ELECTIONS

Sec. 5. Except as provided in section 7 of this chapter, an individual is considered to have resigned as: (1) a government employee when the individual assumes an elected office of the unit that employs the individual; or (2) an elected official of the unit when the individual be…

Sec. 6. This chapter does not prohibit: (1) a government employee from assuming or holding an elected office of a unit other than the unit that employs the government employee; (2) a full-time, paid firefighter from assuming or holding an elected office of a unit other than a uni…

2013 Sec. 7. (a) Notwithstanding sections 4 and 5 of this chapter, a government employee who assumes or holds an elected office on January 1, 2013, may continue to hold the elected office and be employed as a government employee until the term of the elected office that the gover…

Sec. 1. (a) If: (1) two (2) or more candidates of a political party who are candidates for: (A) nomination to elected offices at a county primary election (or municipal primary election within the municipality in which the municipal primary is to be conducted), not including cand…

Sec. 1.5. If two (2) or more candidates of a political party do not sign a written statement indicating their desire to have a watcher under section 1 of this chapter, the county chairman of a political party is entitled to appoint a watcher in each precinct in which the politica…

Sec. 10. The circuit court clerk shall immediately revoke the power of a watcher when requested by the attorney-in-fact to discharge the watcher. The clerk shall provide forms for the purpose of requesting the discharge of a watcher. [Pre-1986 Recodification Citation: 3-1-6-2(a)(…

Sec. 11. Upon discharge of a watcher under section 10 of this chapter, the circuit court clerk shall immediately appoint another watcher named by the attorney-in-fact. The new watcher has the same powers and duties as the watcher originally appointed and is entitled to credential…

Sec. 12. (a) Only one (1) watcher representing a candidate or group of candidates may enter or be in the polls for a precinct at the same time, but watchers representing different groups may be in the polls at the same time. (b) If more than one (1) precinct votes at the same pol…

Sec. 13. (a) A watcher appointed under this chapter is entitled to do the following: (1) Enter the polls at least thirty (30) minutes before the opening of the polls and remain there throughout election day until all tabulations have been completed. (2) Inspect the paper ballot b…

Sec. 2. The written statement required by section 1 of this chapter must designate: (1) a person to act as attorney-in-fact for the candidates; and (2) the precincts where the watchers are desired and where they are to serve. [Pre-1986 Recodification Citation: 3-1-6-2(a)(1) part.…

Sec. 3. A candidate may not file more than one (1) appointment of an attorney-in-fact. [Pre-1986 Recodification Citation: 3-1-6-2(a)(2) part.] As added by P.L.5-1986, SEC.2.

Sec. 4. (a) An attorney-in-fact designated under section 2 of this chapter shall file with the circuit court clerk the names of the voters of the county or municipality who are to act as watchers in the precincts designated in the written statement. (b) The attorney-in-fact may c…

Sec. 5. When the attorney-in-fact has certified the names of the watchers in writing under section 4 of this chapter to the circuit court clerk, the clerk shall immediately issue certificates to the persons named. The certificates entitle the watchers to go to the precincts desig…

Sec. 6. The written statement required by section 1 of this chapter may be filed with the circuit court clerk at any time until the official returns and ballots of the precincts have been delivered to the county election board. [Pre-1986 Recodification Citation: 3-1-6-2(a)(3) par…

Sec. 7. If the circuit court clerk is not present with the county election board, the clerk shall keep at least one (1) deputy in the room with the board at all times until the tabulation of the vote is final. The deputy must be qualified and ready to sign credentials for watcher…

Sec. 8. A watcher is entitled to credentials immediately upon request. Upon receipt of credentials, a watcher may proceed to the precinct at any time and proceed with the discharge of the watcher's duties. [Pre-1986 Recodification Citation: 3-1-6-2(a)(3) part.] As added by P.L.5-…

Sec. 1. This chapter applies only to candidates for local or school board offices. As added by P.L.90-2012, SEC.3. Amended by P.L.278-2019, SEC.32.

Sec. 10. (a) This section applies to any individual required to file a statement in accordance with section 5 of this chapter. (b) If: (1) the individual (or another individual acting on behalf of that individual) fails to file the statement with the individual's declaration of c…

Sec. 2. As used in this chapter, "filer" refers to an individual who files a statement of economic interests under this chapter. As added by P.L.90-2012, SEC.3.

Sec. 3. As used in this chapter, "statement" refers to the statement of economic interests required to be filed under this chapter. As added by P.L.90-2012, SEC.3.

Sec. 4. (a) This section does not apply to a candidate for either of the following: (1) Judge of a circuit, superior, city, town, probate, or small claims court. (2) Prosecuting attorney of a judicial circuit. (b) A candidate for a local office or school board office shall file a…

Sec. 5. An individual required to file a statement under section 4 of this chapter shall file the statement as follows: (1) With the individual's: (A) declaration of candidacy under IC 3-8-2 or IC 3-8-5; (B) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an office descri…

Sec. 6. The circuit court clerk shall reject a declaration of candidacy, petition of nomination, declaration of intent to be a write-in candidate, or certificate of candidate selection that does not include the statement. As added by P.L.90-2012, SEC.3.

Sec. 7. A statement must be made under affirmation. As added by P.L.90-2012, SEC.3.

Sec. 8. A statement must set forth the following information for the preceding calendar year: (1) The following information for each employer of the filer and each employer of the filer's spouse: (A) The name of the employer. (B) The nature of the employer's business. For purpose…

Sec. 9. The election division shall prescribe the form of the statement. As added by P.L.90-2012, SEC.3. Amended by P.L.169-2015, SEC.70.

Sec. 1. A person making an independent expenditure: (1) that exceeds five thousand dollars ($5,000); and (2) regarding a public question; shall, not later than forty-eight (48) hours after making the expenditure, file a report, using a form prescribed under IC 3-5-4-8, with the o…

Sec. 2. The report filed under section 1 of this chapter must certify and affirm the following: (1) The person has not knowingly or willfully received, solicited, or accepted, whether directly or indirectly, contributions or expenditures: (A) from prohibited sources; (B) that exc…

Sec. 3. A determination by the commission or a county election board that a person who has filed a certification under section 2 of this chapter has accepted funds: (1) from a prohibited source; (2) in excess of the amount set forth in section 2 of this chapter; and (3) during th…

Sec. 1. This chapter applies to voting on all local public questions. As added by P.L.3-1987, SEC.191. Amended by P.L.278-2019, SEC.48; P.L.156-2020, SEC.2.

Sec. 2. The: (1) county election board of each county included in the election district voting on the public question; or (2) town election board if a public question is to be voted on at an election conducted by a town election board; shall place the public question on the ballo…

Sec. 2.5. If a petition is required to place a local public question on the ballot, the petition must comply with the requirements set forth in IC 3-8-6-6(b) concerning documentation of assistance to a voter with disabilities. As added by P.L.278-2019, SEC.49.

Sec. 3. (a) Except as provided in subsection (b), if a local public question must be certified to an election board by law, that certification must occur no later than noon: (1) seventy-four (74) days before a primary election if the public question is to be placed on the primary…

Sec. 4. (a) The public question shall be placed on the ballot in substantially the following form: (The explanatory text for the public question, if required by law): "Shall (insert public question)?" [] YES [] NO (b) A public question printed on a ballot shall be set forth witho…

Sec. 5. A local public question may not be placed on the ballot at an election unless the placement of the local public question on the ballot at the election is expressly authorized by statute. As added by P.L.3-1987, SEC.191. Amended by P.L.10-1988, SEC.97.

Sec. 6. (a) If a statute requires the submission of a petition for the placement of a local public question on the ballot, the petition must: (1) state the day of the election for which the petitioners seek the placement of the question on the ballot; (2) contain the signature of…

Sec. 1. This chapter applies to: (1) each precinct; and (2) absentee voting, including the casting of an absentee ballot before an absentee voter board: (A) in the office of the: (i) circuit court clerk; or (ii) board of elections and registration; or (B) at a satellite office es…

Sec. 2. (a) A voter who: (1) is a voter with disabilities; or (2) is unable to read or write English; may request assistance in voting before entering the voting booth and designate a person (other than the voter's employer, an officer of the voter's union, or an agent of the vot…

Sec. 3. (a) The following individuals shall assist a voter described by section 2 of this chapter who requests assistance in voting before entering the voting booth but does not wish to designate a person under that section. (1) The two (2) judges if the voter is voting at a prec…

Sec. 5. (a) As used in this section, "service animal" has the meaning set forth in IC 35-46-3-11.5. (b) A voter who requires the assistance of a service animal is entitled to bring the animal into the polls and the voting booth. As added by P.L.66-2003, SEC.41.

Sec. 6. (a) This section applies only to a voter with a disability. (b) This section does not apply to an absentee ballot cast by a voter before an absentee voter board visiting the voter's place of confinement or the voter's residence. (c) A voter is entitled to vote on a direct…

Sec. 1. (a) Whenever a tie vote at an election for: (1) a federal office; (2) a state office (other than governor and lieutenant governor); or (3) a legislative office; occurs, a special election shall be held. (b) Whenever a tie vote occurs at a primary election for the nominati…

Sec. 2. Whenever a tie vote at an election for the offices of governor and lieutenant governor occurs, a majority of the state senate and house of representatives meeting in joint session shall elect these officials from among the candidates receiving the tie vote in accordance w…

Sec. 3. Whenever a circuit court clerk receives certification that a tie vote at an election for a local office or a school board office occurred, the clerk shall immediately send a written notice of the tie vote to: (1) the fiscal body of the affected political subdivision; or (…

Sec. 4. (a) The fiscal body of a political subdivision that receives notice under section 3 of this chapter shall resolve the tie vote by electing a person to fill the office not later than December 31 following the election at which the tie vote occurred. The fiscal body shall s…

Sec. 5. Whenever a tie vote at an election for: (1) a state office; (2) a local office; or (3) a school board office; occurs, the incumbent public official remains in office in accordance with Article 15, Section 3 of the Constitution of the State of Indiana until a successor is …