Title 3, ELECTIONS

Sec. 9. If a voter executes an affidavit under this chapter and is then challenged under IC 3-11-8 as ineligible to vote in the precinct, the voter shall be provided with a provisional ballot under IC 3-11.7 rather than a regular official ballot. The affidavit executed under this…

Sec. 1. (a) A voter voting by absentee ballot shall make and subscribe to the affidavit prescribed by IC 3-11-4-21. The voter then shall, except as provided in subsection (b), do the following: (1) Mark the ballot in the presence of no other person. (2) Fold each ballot separatel…

Sec. 1.2. An absentee voter is not required to provide proof of identification when: (1) mailing, delivering, or transmitting an absentee ballot under section 1 of this chapter; or (2) voting before an absentee board under section 25 of this chapter. As added by P.L.109-2005, SEC…

Sec. 10. During the period that absentee ballots are being received, each county election board shall keep the ballots in cabinets, boxes, or a room upon which there are two (2) locks, one (1) for each of the appointed members of the board. Each day the absentee ballots shall be …

Sec. 11. On election day, the county voter registration office shall visit the appropriate post office to accept delivery of mail containing documentation submitted by a voter to comply with IC 3-7-33-4.5 or IC 3-7-33-4.7. The office shall immediately notify the county election b…

Sec. 2. (a) A voter voting by absentee ballot may mark a ballot with a pen or a lead pencil. (b) A person may not engage in electioneering (as defined in IC 3-14-3-16) in the presence of a voter whom the person knows possesses an absentee ballot provided to the voter in accordanc…

Sec. 24. (a) Except as provided in subsection (b), a voter who satisfies any of the following is entitled to vote by mail: (1) The voter has a specific, reasonable expectation of being absent from the county on election day during the entire twelve (12) hours that the polls are o…

Sec. 24.5. As required by 52 U.S.C. 21081, an election board must establish a voter education program (specific to a paper ballot or optical scan ballot card provided as an absentee ballot under this chapter) to notify a voter of the effect of casting multiple votes for a single …

Sec. 25. (a) A voter who votes by absentee ballot because of: (1) illness or injury; or (2) caring for a confined person at a private residence; and who is within the county may vote before an absentee voter board or by mail. (b) If requested by a voter described in subsection (a…

Sec. 26. (a) This subsection applies to all counties, except for a county to which IC 3-6-5.2 or IC 3-6-5.6 applies. As an alternative to voting by mail, a voter is entitled to cast an absentee ballot before an absentee voter board at any of the following: (1) One (1) location of…

Sec. 26.1. Voting before an absentee voter board under section 26 of this chapter shall be referred to as "early voting" on all forms prescribed by the election division and in all communications with voters. As added by P.L.115-2022, SEC.8.

Sec. 26.2. (a) A county election board or board of elections and registration shall comply with IC 3-11-9-6 by providing an electronic voting system or marking device that produces a marked optical scan ballot for voting by absentee ballot in the office of the circuit court clerk…

Sec. 26.3. (a) A county election board may adopt a resolution to authorize the circuit court clerk to establish satellite offices in the county where voters may cast absentee ballots before an absentee voter board. (b) To be adopted under this section, a resolution must be adopte…

Sec. 26.4. (a) This section applies to voting under section 26, 26.2, or 26.3 of this chapter. (b) After voting, a voter shall leave the office or satellite office. (c) If a voter leaves the booth without casting a ballot, an absentee voter board member or the circuit court clerk…

Sec. 26.5. (a) This section applies to: (1) a municipal election; (2) a primary conducted in a municipal election year; and (3) a special election conducted under IC 3-10-8 and that is not conducted at the same time as any other election. (b) Notwithstanding section 26 of this ch…

Sec. 26.7. (a) As used in this section, "facility" refers to the facility in which a voter may vote a ballot under section 26 or 26.3 of this chapter. (b) For purposes of this chapter, a facility is an "accessible facility" for elderly voters and voters with disabilities only if …

Sec. 26.8. Only the individuals described in IC 3-11-8-15 who are permitted to be in the polls during an election may be in the room where absentee voting is occurring under section 26 or 26.3 of this chapter. As added by P.L.227-2023, SEC.84.

Sec. 27. (a) This section does not apply to a ballot mailed to a voter under this chapter. (b) Subject to IC 3-5-4-9, before a ballot is voted under section 25 of this chapter before an absentee voter board, it must bear the circuit court clerk's official seal and signature or fa…

Sec. 28. (a) A voter voting before an absentee voter board shall mark the voter's ballot in the presence of the board, but not in such a manner that either of the members of the board can see for whom the voter voted, unless the voter requests the help of the board in marking a b…

Sec. 29. (a) The envelope required by section 28 of this chapter must bear upon its face a printed affidavit containing the voter's affirmation under penalties of perjury that the following information is true: The voter must indicate the voter's precinct and township (or ward an…

Sec. 29.2. (a) This section applies to a voter casting an absentee ballot at: (1) the location of the office of the circuit court clerk designated by the circuit court clerk under IC 3-11-10-26(a)(1); (2) the office of the board of elections and registration under IC 3-11-10-26(b…

Sec. 29.5. Each day after absentee voting concludes in the circuit court clerk's office or a satellite office, the county election board shall direct that the vote history be uploaded from each electronic poll list into the computerized list. As added by P.L.219-2013, SEC.50. Ame…

Sec. 38. The voters appointed to the absentee voter boards under IC 3-11.5-4-22 shall be compensated in the following manner: (1) The boards that are sent to voters under section 25 of this chapter are entitled to a per diem and a sum for mileage at a rate determined by the count…

Sec. 39. Each county election board shall conduct a training session for the members of the absentee voter boards. A member of an absentee voter board must receive the training before the member begins performing the member's duties. At the training session the duties of the abse…

Sec. 8.5. (a) This section does not apply to an application for an absentee ballot from a voter: (1) participating in the address confidentiality program under IC 5-26.5-2; or (2) requesting to cast an absentee ballot in the office of the circuit court clerk, the office of the bo…

Sec. 1. The state recount commission is established. As added by P.L.7-1986, SEC.18. Amended by P.L.11-1993, SEC.4.

Sec. 10. The secretary of state may assign any of the election division's staff and facilities to the state recount commission to carry out the commission's responsibilities. As added by P.L.7-1986, SEC.18. Amended by P.L.8-1995, SEC.57.

Sec. 11. The state recount commission shall reimburse any agency or office described in sections 8, 9, and 10 of this chapter that incurs any expense to carry out the responsibilities of the commission in conformity with the policies and procedures established by the state budget…

Sec. 12. (a) The expenses of a recount conducted by the state recount commission shall be paid from the state recount fund following the commission's determination of whether a full or partial refund of the cash deposit should be granted under IC 3-12-11-10. (b) The expenses of a…

Sec. 12.5. (a) This section does not apply to the filing of a recount petition, contest petition, or cross-petition under IC 3-12-11. (b) Notwithstanding IC 3-5-4-1.7, the state recount commission may receive filings by electronic mail from attorneys representing an individual or…

Sec. 13. (a) This section does not apply to a petitioner who is determined to have been nominated or elected after the recount or the contest. (b) A candidate filing a petition under IC 3-12-11 shall reimburse the state for the following: (1) The expenses of the state recount com…

Sec. 14. (a) This section does not apply to: (1) a cross-petitioner who is determined to have been nominated or elected after a recount; or (2) an opposing party in a contest action who prevails. (b) A candidate filing a cross-petition under IC 3-12-11 or an opposing party in a c…

Sec. 15. The state recount commission shall determine the expenses chargeable to a person under sections 13 and 14 of this chapter. As added by P.L.7-1986, SEC.18.

Sec. 16. IC 4-21.5 does not apply to the state recount commission. As added by P.L.7-1986, SEC.18. Amended by P.L.7-1987, SEC.2.

Sec. 17. Any court action related to the election for an office that is the subject of a: (1) recount proceeding under IC 3-12-11; or (2) contest proceeding under IC 3-12-11; is stayed until the state recount commission has rendered a final determination. As added by P.L.7-1986, …

Sec. 18. (a) Any party to a final determination of the state recount commission concerning a nomination subject to IC 3-12-11 or election to a state office other than governor or lieutenant governor may appeal the final determination to the court of appeals for errors of law unde…

Sec. 2.1. (a) Except as provided in this section, the secretary of state and the designee of the state chairman of each of the major political parties of the state shall serve as members of the state recount commission. (b) Except as provided in this section, the secretary of sta…

Sec. 2.2. (a) The state recount fund is established for the purpose of receiving, holding, and disbursing funds as a fiduciary for the state recount commission and individuals who have provided a cash deposit under this article. The fund shall be administered by the administrativ…

Sec. 2.5. The state recount commission shall employ and set the salary of a recount director. The recount director shall perform the tasks delegated to the director by the commission. As added by P.L.3-1987, SEC.386.

Sec. 3. (a) Each member of the state recount commission other than the secretary of state is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). (b) Each member of the state recount commission is entitled to reimbursement for traveling expenses and other expens…

Sec. 4. (a) The state recount commission shall conduct recount proceedings under IC 3-12-11 resulting from: (1) a presidential primary election; (2) the nomination of a candidate to a federal, state, or legislative office in a primary election; or (3) an election for a federal, s…

Sec. 5. (a) The state recount commission may, to comply with section 4 of this chapter: (1) impound, take possession of, transport, or otherwise protect any election records or equipment related to a recount or contest; (2) issue subpoenas, discovery orders, and protective orders…

Sec. 5.5. A circuit court clerk or board of registration may use a copy of election material other than ballots made under section 5 of this chapter instead of an original subject to an impoundment order under that section until the commission orders the release of the original. …

Sec. 6. Without the filing of a petition under IC 3-12-11, the state recount commission may impound, take possession of, transport, or otherwise protect any election records or equipment that the commission determines may be the subject of: (1) a recount proceeding; or (2) a cont…

Sec. 7. (a) The state recount commission may designate one (1) or more members of the commission or one (1) or more other persons to exercise any of its powers, other than the: (1) final adoption of rules; (2) final determination of a recount under IC 3-12-11; or (3) final determ…

Sec. 8. The state board of accounts shall conduct any recount or other contest proceeding ordered by the state recount commission in accordance with this article and guidelines adopted by the commission. As added by P.L.7-1986, SEC.18. Amended by P.L.176-1999, SEC.105.