Title 3, ELECTIONS

Sec. 32. If the circuit court clerk determines that the notice does not allege a violation of NVRA or this article, even if the facts set forth in the notice are assumed to be true, the clerk shall provide a copy of the determination by first class mail with tracking to: (1) the …

Sec. 33. If the circuit court clerk determines that the notice alleges a violation of NVRA or this article if the facts set forth in the notice are assumed to be true, the clerk shall conduct an investigation under IC 3-6-5. As added by P.L.12-1995, SEC.21.

Sec. 34. Upon completing the investigation, the circuit court clerk shall issue a written report. The clerk shall provide a copy of the report by first class mail with tracking to: (1) the person who filed the notice; (2) the person alleged to have committed the violation; (3) th…

Sec. 35. The report described in section 34 of this chapter must: (1) indicate the date when the notice alleging the violation was received by the circuit court clerk; (2) contain findings of fact regarding the alleged violation of NVRA or this article and state whether a violati…

Sec. 36. (a) A member of the county election board may request that the board conduct a hearing on the circuit court clerk's report concerning an alleged violation of NVRA or this article. (b) The member must file a written request for a hearing under subsection (a) with the cler…

Sec. 37. The chairman of the county election board shall convene the hearing as promptly as possible, but not later than thirty (30) days after the member files the request for a hearing under section 36 of this chapter. As added by P.L.12-1995, SEC.21.

Sec. 38. After concluding the hearing, the county election board shall: (1) affirm the report; (2) amend the report; (3) refer the matter to the circuit court clerk for further investigation and submission of a subsequent report to the board; or (4) refer the matter to the NVRA o…

Sec. 39. The county election board shall forward a written summary of any action under section 38 of this chapter by first class mail with tracking to: (1) the person who filed the notice; (2) the person alleged to have committed the violation; and (3) the NVRA official. As added…

Sec. 4. (a) This section does not apply to: (1) a county in which a board of elections and registration is established; or (2) a county containing a consolidated city. (b) After June 30, 2011, the county executive may adopt an order by the unanimous vote of the entire membership …

Sec. 40. (a) A person who files a written notice of violation with the circuit court clerk under section 30 of this chapter retains the right to file a written notice of alleged violation with the NVRA official. (b) If the clerk or county election board is notified that the perso…

Sec. 41. As provided in 52 U.S.C. 20506(a)(5), an employee or volunteer of a county voter registration office may not do any of the following: (1) Seek to influence an applicant's political preference or party registration. (2) Display any political preference or party allegiance…

Sec. 5. (a) Except as provided in subsection (b), an order adopted under section 4 of this chapter to establish a board of registration or rescind a previously adopted order establishing a board of registration takes effect immediately. (b) An order adopted during the final sixty…

Sec. 5.5. (a) Except as provided in subsection (b), this section applies to a county in which a board of registration was established by IC 3-7-12-3 (before its repeal). (b) This section does not apply to any of the following: (1) A county in which a board of elections and regist…

Sec. 6. Each board of registration shall have a seal. The board shall record a description of the seal with the county election board. As added by P.L.12-1995, SEC.21.

Sec. 7. A board of registration established under this chapter shall supervise the registration of voters of the county. As added by P.L.12-1995, SEC.21.

Sec. 8. A board of registration consists of two (2) persons. As added by P.L.12-1995, SEC.21.

Sec. 9. The county chairmen of the major political parties of a county that has a board of registration shall each appoint one (1) member of the board. The two (2) appointed persons must be voters of the county. As added by P.L.12-1995, SEC.21.

Sec. 1. This chapter: (1) prescribes the procedure for certain voters to cast ballots under 52 U.S.C. 20507(e)(2) in a precinct where the voter formerly resided; and (2) is enacted to implement Article 2, Section 2(c) of the Constitution of the State of Indiana. As added by P.L.1…

Sec. 2. This chapter applies to a general, municipal, primary, school district, and special election. As added by P.L.12-1995, SEC.70.

Sec. 3.4. (a) This section applies to a voter who: (1) changes residence from a precinct in a county to another precinct: (A) in the same county; and (B) in the same congressional district; as the former precinct; and (2) does not notify the county voter registration office of th…

Sec. 3.5. The written affirmation described in section 3.4 of this chapter must include the person's voter identification number to permit transfer of the registration under IC 3-7-13-13. As added by P.L.209-2003, SEC.104. Amended by P.L.230-2005, SEC.48; P.L.164-2006, SEC.80.

Sec. 4. (a) The written affirmation described in section 3.4 of this chapter may be executed as follows: (1) At the county voter registration office for the county of the precinct of the person's former residence, not later than 4 p.m. on the day before the election. (2) Before t…

Sec. 5. If a voter makes an oral or a written affirmation under this chapter and is then challenged under IC 3-10-1 or 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…

Sec. 1. (a) Any voter who satisfies both of the following is entitled to have the votes cast on a public question on the ballot in that election district recounted under this chapter: (1) The voter is a voter in the election district where the public question was on the ballot at…

Sec. 1.5. This chapter is enacted to comply with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory standards to define what will be counted as a vote on a paper ballot, an optical scan voting system, or an electronic voting system in a recount conducted under this cha…

Sec. 1.7. As used in this chapter, "petitioner" refers to the individual voter whose name is listed first on the petition filed under section 2 of this chapter. As added by P.L.76-2014, SEC.57.

Sec. 10. If there is a consolidation of petitions, the court shall by consolidated order grant the consolidated petitions and order a consolidated recount of all votes on the public question in all precincts in the counties requested in the petitions. As added by P.L.10-1988, SEC…

Sec. 11. (a) A recount commission consists of three (3) persons. (b) Two (2) members of the commission must be voters who: (1) are members of different major political parties of the state; and (2) were qualified to vote at the election in a county in which the election district …

Sec. 12. Each member of a recount commission is entitled to a per diem not to exceed one hundred dollars ($100) for each day actually engaged in making the recount. The judge of the court having jurisdiction over the recount shall fix the compensation paid under this section. As …

Sec. 13. On the day when the order of a recount is made and entered by the court, the circuit court clerk shall send a certified copy of the order by certified mail to the petitioner at the address stated in the petition. The clerk shall charge the cost of mailing the order to ea…

Sec. 14. (a) A court ordering a recount under this chapter shall by order impound and provide for the protection of the following: (1) All ballots and electronic voting systems used at the election for casting votes in the precincts. (2) All tally sheets relating to the votes cas…

Sec. 15. A circuit court clerk or board of registration may use a copy made under section 14 of this chapter instead of an original subject to an impoundment order under that section until the court orders the release of the original. As added by P.L.10-1988, SEC.181.

Sec. 16. A court acting under section 14 of this chapter shall make the ballots, electronic voting systems, tally sheets, and poll lists available to the recount commission appointed under this chapter. As added by P.L.10-1988, SEC.181. Amended by P.L.221-2005, SEC.133.

Sec. 17. (a) After a recount is ordered under section 9 of this chapter, the recount commission shall convene at a place fixed by order of the court and expeditiously complete the recount of all votes ordered recounted. (b) The petitioner may designate a watcher to be present at …

Sec. 18. (a) A petition filed under this chapter may request that ballot cards in specified precincts that used a ballot card voting system be counted manually. If a petition includes such a request, the recount commission may not use automatic tabulating machines to count ballot…

Sec. 19. When a recount is completed by a recount commission appointed under this chapter, the commission shall: (1) make and sign a certificate showing the total number of votes received in the precincts on the public question; (2) state in its certificate whether affirmative or…

Sec. 2. A voter who desires a recount under this chapter must file a verified petition no later than noon fourteen (14) days after election day. The petition must be filed: (1) in the circuit court, superior court, or probate court of each county in which is located a precinct in…

Sec. 20. A recount certificate made under section 19 of this chapter supersedes all previous returns made in any form of the recounted votes. A certified copy of a recount certificate constitutes prima facie evidence of the votes cast on the public question in the precincts in an…

Sec. 21. The determination of a recount commission under section 19 of this chapter is final, although an appeal may be taken to the circuit court, superior court, or probate court that appointed the commission. As added by P.L.10-1988, SEC.181. Amended by P.L.84-2016, SEC.16.

Sec. 22. (a) This section does not apply to a recount conducted by the state recount commission under section 23 of this chapter. (b) If a recount is made for a public question for which votes were cast in more than one (1) county, each circuit court clerk where the recount was m…

Sec. 23. (a) This section applies to a recount of: (1) a public question concerning the ratification of a state constitutional amendment or the retention of a justice of the Indiana supreme court, a judge of the Indiana court of appeals, or the judge of the Indiana tax court; or …

Sec. 25. If a recount is made for a public question on which votes were cast only in a single county, the circuit court clerk shall determine whether the votes shown by the recount certificate differ from the votes that were tabulated by the county election board. If the circuit …

Sec. 26. (a) This section applies to a recount of votes cast on a local public question. (b) The circuit court clerk shall transmit the certificate prepared under section 22 or 25 of this chapter to the county election board of the county having the greatest percentage of populat…

Sec. 3. Each petition filed under section 2 of this chapter must state the following: (1) The public question for which the petitioner desires a recount. (2) The precincts within the county in which the petitioner desires a recount. (3) That the petitioner voted on the public que…

Sec. 4. The petition filed under section 2 of this chapter must also be signed by a number of voters within the election district equal to at least ten percent (10%) of the voters who cast ballots on the public question in the election. As added by P.L.10-1988, SEC.181. Amended b…

Sec. 5. (a) Each petition filed under section 2 of this chapter must be accompanied by a cash deposit, or a bond with corporate surety to the approval of the court, if the recount is to be conducted by a county recount commission, for the payment of all costs of the recount charg…