169 chapters · 2,794 sections in this title.
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 Code § 3-11-9-4 Repealed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.…
Ind. Code § 3-13-9-3 Office of town clerk-treasurer
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Sec. 3. (a) This section applies to a vacancy in the office of town clerk-treasurer: (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. (b) A va…
Ind. Code § 3-13-9-4.5 Office of town council member when more than 50% of seats
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are vacant Sec. 4.5. (a) This section applies to a vacancy in the town council to be filled under section 4 of this chapter when more than fifty percent (50%) of the seats on the town council are vacant. (b) The remaining member or a majority of the remaining members of the town …
Ind. Code § 3-13-9-5 Vacating office by incumbent pending outcome of election
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contest Sec. 5. 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. Th…
Ind. Code § 3-13-9-5.5 Failure to elect town council member; incumbent holding over
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Sec. 5.5. If no candidate was elected to the office of town council from a district, the incumbent council member holds office under Article 15, Section 3 of the Constitution of the State of Indiana until a successor is elected and qualified. As added by P.L.4-1991, SEC.130.
Ind. Code § 3-13-9-5.6 Failure to elect enough at-large town council members;
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determination of holdover council members; notice of meeting Sec. 5.6. (a) If fewer town council members have been elected at large than there were members to be elected, the town council shall determine, not later than December 31 following the election, the incumbent council me…
Ind. Code § 3-13-9-6 Bond, oath, rights, and duties of person filling vacancy
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Sec. 6. 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.
Ind. Code § 3-13-9-7 Term of office
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Sec. 7. A person selected to fill a vacant office under this chapter holds the office for the remainder of the term. [Pre-1986 Recodification Citation: 3-2-10-9.] As added by P.L.5-1986, SEC.9.
Ind. Code § 3-5-10-1 Application of chapter
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Sec. 1. (a) This chapter applies when a redistricting authority redraws election districts required by law. (b) In addition to the provisions of this chapter, the provisions of the applicable statute apply to redistricting. As added by P.L.169-2022, SEC.2.
Ind. Code § 3-5-10-10 Failure to include territory; rule of assignment
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Sec. 10. If any territory in the political subdivision is not included in one (1) of the districts, the territory is included in the district that: (1) is contiguous to that territory; and (2) contains the least population of all districts contiguous to that territory. As added b…
Ind. Code § 3-5-10-11 Inclusion of territory in more than one district; rule of
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assignment Sec. 11. If any territory in the political subdivision is included in more than one (1) of the districts, the territory is included in the district that: (1) is one (1) of the districts in which the territory is described in the ordinance or resolution that establishes…
Ind. Code § 3-5-10-2 Applicable definitions
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Sec. 2. The definitions in IC 1-1-3.5 apply throughout this chapter. As added by P.L.169-2022, SEC.2.
Ind. Code § 3-5-10-3 "Applicable statute"
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Sec. 3. As used in this chapter, "applicable statute" refers to the statute under which a redistricting authority is required to establish election districts. As added by P.L.169-2022, SEC.2.
Ind. Code § 3-5-10-4 "Census event"
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Sec. 4. As used in this chapter, "census event" refers to any of the following: (1) A federal decennial census. (2) A federal special census. (3) A special tabulation. (4) A corrected population count. As added by P.L.169-2022, SEC.2.
Ind. Code § 3-5-10-5 "Plan"
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Sec. 5. (a) As used in this chapter, "plan" refers to the description of the districts that a redistricting authority is required to establish. (b) The term includes the maps and written descriptions of the maps that define all the districts that a plan is required to have under …
Ind. Code § 3-5-10-6 "Redistricting authority"
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Sec. 6. As used in this chapter, "redistricting authority" refers to the body or other authority that is required to redraw election districts for local or school board offices. As added by P.L.169-2022, SEC.2.
Ind. Code § 3-5-10-7 Times permitted for redistricting
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Sec. 7. (a) Subject to section 8 of this chapter, a redistricting authority shall redistrict election districts at the following times: (1) If the census event is a federal decennial census, the following: (A) For a county executive or county fiscal body, only during the first ye…
Ind. Code § 3-5-10-8 Redistricting not required; certification
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Sec. 8. A redistricting authority is not required to redistrict if the applicable statute provides that the redistricting authority may certify that the existing districts continue to satisfy all the requirements of the applicable statute and other applicable law. As added by P.L…
Ind. Code § 3-5-10-9 District boundary description prevails over conflicting map
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Sec. 9. If a conflict exists between: (1) a map showing the boundaries of a district; and (2) a description of the boundaries of that district set forth in the plan; the district boundaries are the description of the boundaries set forth in the plan, not the boundaries shown on t…
Ind. Code § 3-6-10-1 Media entitled to watchers
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Sec. 1. (a) The following media may appoint in writing one (1) watcher for each precinct: (1) Each newspaper of general circulation in the county where an election is held. (2) Each news service operating in the county where an election is held. (3) Each radio or television stati…
Ind. Code § 3-6-10-2 List of watchers; signature
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Sec. 2. A list of all persons appointed under section 1 of this chapter shall be prepared and signed by an individual or an officer of the corporation owning the newspaper, news service, radio station, or television station. The signature must be verified. [Pre-1986 Recodificatio…
Ind. Code § 3-6-10-3 Persons entitled to receive list
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Sec. 3. The list required by section 2 of this chapter shall be furnished the day before election day to the following: (1) The circuit court clerk. (2) The county election board. (3) The county chairman of each political party that is entitled to appoint a watcher under IC 3-6-8…
Ind. Code § 3-6-10-4 Application of IC 3-6-10-2 and IC 3-6-10-3
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Sec. 4. Sections 2 and 3 of this chapter do not apply to persons who are employed by a newspaper, news service, radio station, or television station as their regular occupation. [Pre-1986 Recodification Citation: 3-1-6-2(d) part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1…
Ind. Code § 3-6-10-5.5 Watcher rights
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Sec. 5.5. 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 boxe…
Ind. Code § 3-6-10-6 Multiple county media watchers; procurement of watcher
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identification card Sec. 6. If a person desires to act as a watcher for a newspaper, news service, radio station, or television station in more than one (1) county in Indiana, the person must obtain a watcher identification card from the election division. The secretary of state …
Ind. Code § 3-7-10-1 Provisions by general assembly for voter registration
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Sec. 1. This article is enacted by the general assembly to implement Article 2, Section 14(c) of the Constitution of the State of Indiana, which requires the general assembly to provide for the registration of all persons entitled to vote. As added by P.L.176-1999, SEC.19.
Ind. Code § 3-7-10-2 "License branch"
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Sec. 2. For purposes of this article, "license branch" includes a location operated by a full service provider (as defined in IC 9-14.1-1-2). As added by P.L.198-2016, SEC.1.
Ind. Code § 3-10-10-1 Purpose of chapter
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Sec. 1. This chapter is enacted to implement 52 U.S.C. 10502 concerning voting for President and Vice President of the United States. As added by P.L.12-1995, SEC.68. Amended by P.L.74-2017, SEC.43.
Ind. Code § 3-10-10-2 Applicability of chapter
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Sec. 2. Notwithstanding other provisions in IC 3-7 concerning residency requirements for voting, special procedures apply for voting in presidential elections. The presidential voting procedures in this chapter apply only to a general election at which presidential electors are v…
Ind. Code § 3-10-10-3 Conditions for applicability of voting procedures
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Sec. 3. The presidential voting procedures in this chapter apply to a person who satisfies all of the following conditions: (1) The person resided in a precinct in Indiana. (2) The person lost residency in Indiana less than thirty (30) days before the general election. (3) The pe…
Ind. Code § 3-10-10-4 Affidavit; execution
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Sec. 4. (a) The affidavit required under this chapter for voting in presidential elections may be executed only: (1) at the office of the circuit court clerk or board of registration before the day of the general election; (2) before the precinct election board of the precinct wh…
Ind. Code § 3-10-10-5 Affidavit; copy to voter
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Sec. 5. The circuit court clerk or board of registration shall mail a copy of the affidavit to any voter who requests a copy not later than five (5) days before election day. If the voter returns the affidavit to the office of the clerk or board before the day of the general elec…