Title 3, TITLE 3. ELECTIONS

Sec. 4. 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 boxes,…

Sec. 5. The county election board shall provide blank certificates for the summaries required by section 4(6) of this chapter. [Pre-1986 Recodification Citation: 3-1-6-2(c)(1) part.] As added by P.L.5-1986, SEC.2.

watcher Sec. 6. (a) A watcher appointed under this chapter shall report any violation of the election laws that comes to the watcher's attention to: (1) the inspector of the precinct; (2) the county election board; or (3) the prosecuting attorney. (b) A watcher may not object to …

Sec. 7. A political party may appoint up to two (2) watchers under this chapter for each satellite office established under IC 3-11-10-26.3. A watcher appointed under this section is entitled to: (1) enter, leave, and reenter the satellite office at any time the office is open; (…

Sec. 1. (a) This chapter applies only to a candidate for election to any of the following: (1) A legislative office. (2) A state office other than a judicial office. (b) This chapter applies notwithstanding any other law relating to challenges to the qualifications of a candidate…

Sec. 2. A candidate may not be challenged under this chapter if all of the following apply: (1) The candidate's qualification was previously challenged under this chapter or other applicable law. (2) This challenge would be based on substantially the same grounds as the previous …

Sec. 3. (a) An individual who challenges the qualification of a candidate for election to an office must be a registered voter of the election district the candidate seeks to represent. (b) A challenge under this chapter must be filed with the election division not later than noo…

Sec. 4. The commission shall do the following not later than three (3) business days after the challenger's sworn statement is filed under section 3 of this chapter: (1) Meet to hear the challenge. (2) Conclude the hearing. As added by P.L.230-2005, SEC.32. IC 3-8-8-5 Commission …

Sec. 6. The candidate or the challenger may appeal any final action: (1) that the commission has taken; or (2) that the commission is considered to have taken under section 5 of this chapter; to the court of appeals for errors of law under the same terms, conditions, and standard…

appeal; status of candidate who withdraws after 60 days before election Sec. 7. (a) Regardless of the status of a challenge before the commission or the court of appeals, at noon sixty (60) days before the general election the following apply: (1) The challenge is terminated. (2)…

election; filling vacancy Sec. 8. (a) This section applies if a candidate whose name remains on the ballot under section 7 of this chapter receives the most votes in the general election among all candidates for the office. (b) If, after the election, it is determined as provided…

Sec. 1. A special election shall be held in the following cases: (1) Whenever two (2) or more candidates for a federal, state, legislative, circuit, or school board office receive the highest and an equal number of votes for the office, except as provided in Article 5, Section 5 …

Sec. 2. A vacancy in a local office to be filled under this chapter shall be filled for the unexpired term unless prohibited by the Constitution of the State of Indiana. However, if it will not be necessary to exercise the functions of the office before the expiration of the term…

Sec. 3. (a) The governor, court, or state recount commission shall order a special election under this chapter by issuing a writ of election directed to the circuit court clerk of each county located wholly or partially within the election district. (b) The writ must specify: (1)…

Sec. 4. (a) Each circuit court clerk who is required to conduct a special election under Indiana law or receives a writ ordering a special election shall publish in accordance with IC 5-3-1 the following information: (1) Under the proper political party or independent candidate d…

Sec. 4.5. Whenever the election division receives a notice under section 4 of this chapter, the election division shall notify the following offices and agencies that a special election will be conducted within all or part of Indiana: (1) Each agency serving persons with disabili…

Sec. 5. (a) Special elections are governed by other provisions of this title as far as applicable. (b) Except as provided in section 7 of this chapter, IC 3-12-8-17, or IC 3-12-11-18, candidates in special elections shall be nominated in the same manner as candidates are nominate…

Sec. 6. (a) Except as provided in subsection (b) or (c), if a special election is held at a time other than the time of a general election, the election shall be held in accordance with this title. Each county election board and other local public official who is required to perf…

Sec. 7. A candidate for the office of United States Senator in a special election held to fill a vacancy in accordance with IC 3-13-3-1 shall be nominated: (1) at a primary election held under IC 3-10-1, if the vacancy occurs no later than noon on the first date that a petition o…

of candidates; filing of candidate documents; withdrawal of candidate; absentee ballots Sec. 7.5. (a) This section applies to a special election to fill one (1) or more vacancies in the office of United States Representative under 2 U.S.C. 8(b). (b) A special election conducted u…

Sec. 8. (a) A special election ordered by: (1) a court under IC 3-12-8-17; or (2) the state recount commission under IC 3-12-11-18; shall be held on the ninth Tuesday after the court or commission enters an order requiring an election. (b) The names of all candidates for a contes…

Sec. 0.1. The amendments made to sections 2 and 6 of this chapter by P.L.4-1991 apply to elections held after December 31, 1991. As added by P.L.220-2011, SEC.13.

Sec. 1. This chapter applies to each precinct. [1986 Recodification Citation: New.] As added by P.L.5-1986, SEC.7.

Sec. 1.2. (a) As used in this section, "facility" refers to the facility in which a polling place is located. (b) For purposes of this chapter, a facility is an "accessible facility" for elderly voters and voters with disabilities only if the following apply: (1) The facility mee…

Sec. 10. The poll clerks of each precinct shall make a record of: (1) the inspector's proclamation of the closing of the polls; and (2) the time the proclamation was made. The poll clerks shall enter the record required by this section on the tally papers. After the record has be…

responsible for care and custody of electronic poll books when not in use Sec. 10.3. (a) A reference to an electronic poll list in a vote center plan adopted under IC 3-11-18.1 before July 1, 2014, is considered to be a reference to an electronic poll book (as defined by IC 3-5-2…

limited electronic poll book use Sec. 10.4. (a) This section applies to a county if the county election board has adopted an order under IC 3-7-29-6(a)(2) for the use of electronic poll books only at an office of the circuit court clerk and satellite offices established under IC …

Sec. 10.5. A poll clerk may record the names of individuals who have signed the poll list and make that record available to a watcher or pollbook holder who requests the information. However, the poll clerk must ensure that: (1) a voter is not delayed in casting the voter's votes…

hours by order; provisional ballots Sec. 11. (a) When the hour for closing the polls occurs, the precinct election board shall permit all voters who: (1) are waiting to announce their names to the poll clerks for the purpose of signing the poll list and have been identified using…

As added by P.L.5-1986, SEC.7. Repealed by P.L.3-1987, SEC.570.

Sec. 12. After the opening of the polls, there may be no adjournment or recess until after the polls have been closed and the inspector is ready to leave with the ballot box and other documents and papers to be delivered to the circuit court clerk. [Pre-1986 Recodification Citati…

closing of polls Sec. 13. An inspector, judge, or poll clerk of a precinct may not vote after the polls have closed nor make a statement concerning the result of the election before the closing of the polls. [Pre-1986 Recodification Citation: 3-1-5-13.] As added by P.L.5-1986, SE…

Sec. 14. At the opening of the polls, the inspector of each precinct shall read IC 3-14-4-7 to the precinct election board. Each member of the board shall take an oath that the member has not violated and will not violate IC 3-14-4-7. [Pre-1986 Recodification Citation: 3-1-32-29.…

Sec. 15. (a) Only the following persons are permitted in the polls during an election: (1) Members of a precinct election board. (2) Poll clerks and assistant poll clerks. (3) Election sheriffs. (4) Deputy election commissioners. (5) Pollbook holders and challengers. (6) Watchers…

Sec. 16. A person may not remain within a distance equal to the length of the chute (as defined in IC 3-5-2-10) of the entrance to the polls except for the purpose of offering to vote. [Pre-1986 Recodification Citation: 3-1-23-19(a) part.] As added by P.L.5-1986, SEC.7. Amended b…

inapplicability to vote center counties Sec. 17. (a) This section does not apply to a county using vote centers under IC 3-11-18.1. (b) In a precinct, as many voters may be admitted to the polls at one (1) time for the purpose of voting as there are stations for voting in the pol…

Sec. 17.5. (a) Voters may use cellular telephones or other electronic devices in the polls as long as electioneering or loud or disruptive conversations do not occur. (b) A voter may not do the following: (1) Take a digital image or photograph of the voter's ballot while the vote…

manner Sec. 18. A voter or person offering to vote may not converse or communicate in a loud or disruptive manner while at the polls. [Pre-1986 Recodification Citation: 3-1-23-26 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.169-2015, SEC.113.

Sec. 18.5. A voter may bring into the polling place a list of candidates and public questions for the voter's use in voting, including a list stored on a cellular telephone or similar electronic device, as long as electioneering does not occur. As added by P.L.169-2015, SEC.114.

to challengers Sec. 19. Voters shall approach and enter the chute in the order in which they appear for the purpose of voting. After entering the polls, the voter shall proceed to the designated area for challengers. A voter shall immediately announce the voter's full and true na…

Sec. 2. A voter shall vote at the polls for the precinct where the voter resides except when authorized to vote in another precinct under IC 3-10-10, IC 3-10-11, or IC 3-10-12. [Pre-1986 Recodification Citations: 3-1-22-19 part; 3-1-23-18.] As added by P.L.5-1986, SEC.7. Amended …

Sec. 20. If a voter offering to vote is challenged by a challenger or by a member of the precinct election board, the person challenging the voter shall reduce the challenge to affidavit form, setting forth succinctly the reasons for the challenge. [Pre-1986 Recodification Citati…

Sec. 21. The affidavit of challenge prescribed by section 20 of this chapter must set forth under oath or affirmation the following: (1) The name of the challenger. (2) The name of the person being challenged. (3) The reasons the challenger believes the person being challenged is…

[Pre-1986 Recodification Citation: 3-1-23-19(a) part.] As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.109; P.L.4-1991, SEC.90; P.L.17-1993, SEC.14; P.L.12-1995, SEC.83; P.L.126-2002, SEC.59; P.L.209-2003, SEC.131. Repealed by P.L.164-2006, SEC.142.

Sec. 22.1. (a) This subsection applies to a voter: (1) whose name does not appear on the poll list for the precinct; and (2) who produces a certificate of error issued under IC 3-7-48-1. If the voter is not challenged under IC 3-10-1 or this chapter, the voter shall be provided w…

not required Sec. 23. (a) If a challenged voter has already made an affirmation or executed an affidavit under IC 3-7-48-7.5, IC 3-10-10-9, IC 3-10-11-4.5, or IC 3-10-12-5, the challenged voter is not required to execute an additional affidavit under this section. (b) The affidav…

Sec. 23.5. In accordance with 52 U.S.C. 21082, a voter challenged under section 21 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.133. Amended by P.L.164-2006, …

[Pre-1986 Recodification Citation: 3-1-23-19(b) part.] As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.111. Repealed by P.L.4-1991, SEC.147.

[Pre-1986 Recodification Citation: 3-1-23-20(a).] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.256; P.L.5-1989, SEC.54; P.L.7-1990, SEC.48; P.L.1-1991, SEC.5; P.L.12-1995, SEC.85; P.L.199-2001, SEC.21; P.L.209-2003, SEC.134; P.L.109-2005, SEC.3. Repealed by P.L.164-2…

identification; challenge of voter; cancellation and reregistration of voter who has moved Sec. 25.1. (a) Except as provided in subsection (e), a voter who desires to vote an official ballot at an election shall provide proof of identification. (b) Except as provided in subsectio…