Title 3, TITLE 3. ELECTIONS
169 chapters · 2,794 sections in this title.
Ind. Code § 3-5-9-1 "Elected office"
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Sec. 1. As used in this chapter, "elected office" refers only to the following: (1) The executive or a member of the executive body of a unit. (2) A member of the legislative body or fiscal body of a unit. As added by P.L.135-2012, SEC.1.
Ind. Code § 3-5-9-2 "Government employee"
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Sec. 2. As used in this chapter, "government employee" refers to an employee of a unit. The term does not include an individual who holds only an elected office. As added by P.L.135-2012, SEC.1.
Ind. Code § 3-5-9-3 "Unit"
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Sec. 3. As used in this chapter, "unit" means a county, city, town, or township. As added by P.L.135-2012, SEC.1.
Ind. Code § 3-5-9-4 Firefighters
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Sec. 4. An individual who is an employee of a unit, serving as a full-time, paid firefighter in a department that provides fire protection services to more than one (1) unit, excluding fire protection services provided under mutual aid agreements, may not assume or hold an electe…
Ind. Code § 3-5-9-5 Government employee may not hold elected office
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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…
Ind. Code § 3-5-9-6 Matters unaffected by chapter
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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…
Ind. Code § 3-5-9-7 Government employees who hold elected office on January 1,
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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…
Ind. Code § 3-6-9-1 Request for watchers; written statement
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Sec. 1. (a) If: (1) twenty-six percent (26%) or more of all 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 conduc…
Ind. Code § 3-6-9-11 Appointment of new watcher; credentials
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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…
Ind. Code § 3-6-9-12 Limitation of number of watchers at polls
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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…
Ind. Code § 3-6-9-13 Watcher rights; reporting of violations; removal and
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revocation of credentials 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) …
Ind. Code § 3-6-9-2 Contents of written statement
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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.…
Ind. Code § 3-6-9-3 Limitation on appointments of attorney-in-fact
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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. IC 3-6-9-4 Certification of watchers by attorney-in-fact Sec. 4. (a) An attorney-in-fact designated under …
Ind. Code § 3-6-9-5 Issuance of certificates to watchers
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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…
Ind. Code § 3-6-9-6 Filing of written statement
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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…
Ind. Code § 3-6-9-7 Deputy circuit court clerk
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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…
Ind. Code § 3-6-9-8 Right to credentials upon request
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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-…
Ind. Code § 3-6-9-9 Repealed
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[Pre-1986 Recodification Citation: 3-1-6-2(a)(2) part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.40. Repealed by P.L.3-1995, SEC.157. IC 3-6-9-10 Discharge of watcher Sec. 10. The circuit court clerk shall immediately revoke the power of a watcher when requested …
Ind. Code § 3-8-9-1 Application of chapter
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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.
Ind. Code § 3-8-9-10 Failure to file statement of economic interests; receipt of salary
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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…
Ind. Code § 3-8-9-2 "Filer"
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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.
Ind. Code § 3-8-9-3 "Statement"
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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.
Ind. Code § 3-8-9-4 Application to local and school board offices; exceptions;
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statement of economic interests; requirement to file 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 f…
Ind. Code § 3-8-9-5 Statement of economic interests; when to file
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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…
Ind. Code § 3-8-9-6 Failure to include statement; rejection of declaration of
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candidacy; petition of nomination; declaration of intent to be a write-in candidate, or certificate of candidate selection 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 certifi…
Ind. Code § 3-8-9-7 Statement to be made under affirmation
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Sec. 7. A statement must be made under affirmation. As added by P.L.90-2012, SEC.3.
Ind. Code § 3-8-9-8 Contents of statement
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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…
Ind. Code § 3-8-9-9 Form of statement
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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.
Ind. Code § 3-10-9-1 Application of chapter
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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.
Ind. Code § 3-10-9-2 Duty to place question on ballot
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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…
Ind. Code § 3-10-9-2.5 Local public question petitions; compliance with
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documentation of assistance to voters with disabilities 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 disabilitie…
Ind. Code § 3-10-9-3 Certification of question
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Sec. 3. 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 or municipal primary election ballot; or …
Ind. Code § 3-10-9-4 Form of question
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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…
Ind. Code § 3-10-9-6 Petition for placement on ballot
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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…
Ind. Code § 3-11-9-1 Application of chapter
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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…
Ind. Code § 3-11-9-2 Voters with disabilities or unable to read or write English;
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assistance; affidavit 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, …
Ind. Code § 3-11-9-3 Voter does not designate individual to assist voter; who must
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assist 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…
Ind. Code § 3-11-9-4 Repealed
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[Pre-1986 Recodification Citation: 3-2-3-2 part.] As added by P.L.5-1986, SEC.7. Repealed by P.L.3-1987, SEC.570.
Ind. Code § 3-11-9-5 "Service animal"
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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.
Ind. Code § 3-11-9-6 Voter with disability entitled to vote on direct record electronic
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voting system; exception 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 ent…
Ind. Code § 3-12-9-1 Special election for tie vote; primary election
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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…
Ind. Code § 3-12-9-2 Offices of governor and lieutenant governor; majority of state
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senate and house of representatives meeting in joint session to elect 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 offi…
Ind. Code § 3-12-9-3 Local, circuit, or school board office; written notice of tie vote
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to fiscal body 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 su…
Ind. Code § 3-12-9-4 Local, circuit, or school board office; filling office
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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…
Ind. Code § 3-12-9-5 State, local, or school board offices; official to remain in office
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until successor is elected and qualified 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 t…
Ind. Code § 3-12-9-6 Filing of recount petition or contesting of nomination or
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election Sec. 6. This chapter does not prohibit: (1) a candidate from filing a recount petition under IC 3-12-6 or IC 3-12-11; (2) a candidate from contesting a nomination or election under IC 3-12-8 or IC 3-12-11; or (3) a petitioner from filing a recount petition under IC 3-12-…
Ind. Code § 3-12-9-7 Tie vote on public question
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Sec. 7. If a tie vote occurs on a public question, the question is defeated. As added by P.L.10-1988, SEC.161.
Ind. Code § 3-13-9-1 Vacancy of office held by candidate of major political party;
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filling by caucus Sec. 1. A vacancy in a town office 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. [Pre-1986 Recodification Citations: 3-2-9-1 part; 3-2-9-2(a) part.] As adde…
Ind. Code § 3-13-9-1.5 Meeting held before vacancy exists; notice of meeting
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Sec. 1.5. A town clerk-treasurer or president of the town council may give notice of a meeting under this chapter, and the meeting may be conducted under this chapter, before a vacancy in an office exists if the person holding the office has: (1) submitted a written resignation u…
Ind. Code § 3-13-9-2 Office of judge of town court
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Sec. 2. (a) This section applies to a vacancy in the office of judge of a town court that is: (1) not covered by section 1 of this chapter; or (2) covered by section 1 of this chapter, but not filled by a major political party by the applicable deadline set forth in IC 3-13-11-3.…