Title 3, ELECTIONS

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.

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 contest. …

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 …

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 …

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 counted on an autom…

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.

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 telephone number or a website that enables a provisional voter to determine: (1) whether the individual's provisional ballot was counted; and (2) if the pr…

Sec. 1. This chapter does not apply to the following: (1) A candidate for precinct committeeman. (2) A candidate for delegate to a political party convention. As added by P.L.202-1999, SEC.1.

Sec. 2. As used in this chapter, "designation" refers to a name, a nickname, an initial, an abbreviation, or a number used to identify an individual. As added by P.L.202-1999, SEC.1.

Sec. 3. As used in this chapter, "name" refers to any of the following: (1) An individual's given name. (2) An individual's surname. (3) An individual's middle name. As added by P.L.202-1999, SEC.1.

Sec. 4. (a) For purposes of placement of a candidate's name on the ballot, a candidate's legal name is determined under this section. (b) Except as provided in subsection (c), a candidate's legal name is considered to be the name shown on the candidate's birth certificate. (c) If…

Sec. 5. (a) A candidate may use on the ballot any combination of designations permitted by this section. (b) A candidate may not use on the ballot a designation other than a designation permitted by this section. (c) Subject to subsections (d) and (e), a candidate may use designa…

Sec. 5.5. (a) This section does not apply to any of the following: (1) A voter verifiable paper audit trail. (2) The return printed by the automatic tabulating machine under IC 3-12-3-2. (3) The paper vote total printouts from the electronic voting system under IC 3-12-3.5-2. (4)…

Sec. 6. (a) This section does not apply to any of the following: (1) A candidate in a presidential primary election under IC 3-8-3. (2) A candidate for President of the United States. (3) A candidate for Vice President of the United States. (b) Whenever a candidate files a candid…

Sec. 6.3. (a) For purposes of this section, "notice of withdrawal" means a document on which an individual: (1) withdraws as a candidate or nominee; (2) provides notice that the individual: (A) will not accept a nomination; (B) is no longer a candidate; or (C) does not wish the i…

Sec. 6.5. (a) As used in this section, "candidate" includes a nominee. (b) The election division shall design all candidacy documents so that the form of the document enables the candidate to insert in a separate field of the document each of the separate designations that a cand…

Sec. 7. (a) A registered voter of the election district a candidate seeks to represent may file a sworn statement with the election division or a county election board under IC 3-8-1-2 if a candidate uses on the ballot a designation not permitted by section 5 of this chapter. (b)…

Sec. 1. (a) Each political party or independent candidate may appoint challengers and pollbook holders for each precinct in which the political party or independent candidate is on the ballot. (b) This subsection applies to a public question that is submitted to the electorate. A…

Sec. 1.5. A candidate to be voted for at an election, except as an unopposed candidate for precinct committeeman or state convention delegate, is not eligible to be appointed as a challenger or pollbook holder at an election. As added by P.L.4-1991, SEC.18.

Sec. 1.7. A challenger must be a registered voter of the county. As added by P.L.3-1997, SEC.46.

Sec. 3. A challenger or pollbook holder who is not a resident of the precinct is entitled to vote by absentee ballot. [Pre-1986 Recodification Citation: 3-1-5-8(e) part.] As added by P.L.5-1986, SEC.2.

Sec. 4. A challenger or pollbook holder is not entitled to compensation for services except from the political party making the appointment. [Pre-1986 Recodification Citation: 3-1-5-8(e) part.] As added by P.L.5-1986, SEC.2.

Sec. 5. (a) A pollbook holder or a challenger 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 the polls close. (2) Enter, leave, and reent…

Sec. 1. (a) Subject to subsections (b) and (c), the candidate of a political party receiving the highest vote for an office at a primary election is the nominee of that party for that office. (b) If the candidate of a political party receiving the highest vote for an office at a …

Sec. 10. (a) This section applies to a county, city, or town convention conducted by a political party described by IC 3-8-4-1. (b) A certificate of nomination by convention or primary election must satisfy all of the following: (1) Be in writing. (2) Contain all of the following…

Sec. 11. (a) Except as provided in subsection (f), if a political party has filed a statement with the election division (or any of its predecessors) that the device selected by the political party be used to designate the candidates of the political party on the ballot for all e…

Sec. 12. A certificate of nomination for an office to be elected by the electorate of the whole state shall be filed with the election division. A certificate of nomination for any other elected office shall be filed with the person with whom a declaration of candidacy shall be f…

Sec. 13. Each candidate nominated by certificate of nomination must satisfy all statutory eligibility requirements for the office for which the candidate is nominated, including filing statements of economic interest. [Pre-1986 Recodification Citation: 3-1-11-1(m) part.] As added…

Sec. 14. (a) This section does not apply to the certification of nominees under IC 3-10-4-5. (b) A certificate of nomination required to be filed with the election division or circuit court clerk shall be filed not later than noon July 15 before the date fixed for the election of…

Sec. 15. In a special election called by the governor, a certificate of nomination may be filed with the public official with whom a certificate is required to be filed at any time after the election is called but no later than noon seventy-four (74) days before the date of the e…

Sec. 16. (a) This section does not apply to the certification of nominees under IC 3-10-4-5. (b) The election division shall certify the following to each county election board not later than noon seventy-four (74) days before a general election: (1) The name and place of residen…

Sec. 17. (a) The election division may not certify the name of a person whose certificate or petition of nomination has been filed with the election division if the person has filed a notice with the election division that the person will not accept the nomination contained in th…

Sec. 18. (a) This subsection applies to an office to which only one (1) candidate may be elected. If a certificate or petition of nomination contains the name of more than one (1) candidate for the office, none of the names of the candidates on the certificate or petition may be …

Sec. 19. (a) Except as provided in subsections (b) and (c), the name of an individual who has been nominated as a candidate for an elected office may not appear in more than one (1) place on a ballot. (b) The name of an individual who is nominated as a candidate of a political pa…

Sec. 2. The election division shall, not later than noon seventy-four (74) days before the date of the general election, certify the primary election results canvassed and tabulated under IC 3-10-1-34 for: (1) candidates for federal and state offices; and (2) candidates for legis…