Title 3, ELECTIONS

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…

Sec. 22. (a) The costs of a contest may include the following: (1) Compensation of additional employees required to conduct the contest, including overtime payments to regular employees who are eligible to receive such payments. (2) Postage and telephone charges directly related …

Sec. 5. (a) A candidate who desires to contest an election or a nomination under this chapter must file a verified petition with the circuit court clerk of the county that contains the greatest percentage of the population of the election district no later than noon fourteen (14)…

Sec. 5.5. Upon the filing of a petition under section 5 of this chapter, the circuit court clerk shall: (1) require payment of the filing fee under IC 33-37; and (2) assign the petition a cause number as a miscellaneous civil action. As added by P.L.3-1997, SEC.365. Amended by P.…

Sec. 6. (a) A petition filed under section 5 of this chapter must state the following: (1) That the petitioner desires to contest the nomination or election to an office. (2) The name of each candidate as set forth on the ballot for the election and address of each candidate as s…

Sec. 6.5. (a) Except as provided in subsection (b), the court in which a petition is filed may allow the petition or cross-petition to be amended at any time upon the terms and conditions that the court orders. (b) The court may not allow a petition to be amended following the de…

Sec. 8. (a) Upon the filing of a petition for a contest, the circuit court clerk shall notify the circuit court judge. The judge shall issue a notice to the county sheriff directing the sheriff to serve notice upon the contestee and all other persons named in the petition as cand…

Sec. 9. The sheriff shall serve the notice required by section 8 of this chapter upon the contestee and all other persons named in the petition as candidates for nomination or election to the office in the same manner as a summons is served in a civil action. [Pre-1986 Recodifica…

Sec. 1. A vacancy in a city office (other than judge of a city 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. [Pre-1986 Recodification Citations: 3-2-9-1 part; 3-2-9-2(…

Sec. 1.5. A city clerk or city clerk-treasurer 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 under IC 5-8-3.5; or…

Sec. 10. (a) This section applies to a vacancy in the common council of a third class city not covered by section 1 of this chapter. (b) A vacancy shall be filled by the remaining members of the council at a regular or special meeting. The city executive may break any tie vote. (…

Sec. 11. If, pending the outcome of an election contest, the incumbent vacates the office after the expiration of the incumbent's term, the vacancy shall be filled as are other vacancies under this chapter until the election is decided or the office is otherwise filled. This sect…

Sec. 12. A person filling a vacancy under this chapter must give the same bond and take the same oath and has the same rights and duties as the official who vacated the office. [Pre-1986 Recodification Citations: 3-2-9-11(c); 3-2-10-8.] As added by P.L.5-1986, SEC.9.