Title 3, ELECTIONS

Sec. 33. (a) After a voter has marked a ballot card, the voter shall place it inside the envelope provided for this purpose or fold the ballot described in section 18(b)(1) of this chapter and return the ballot card to the judge. (b) The judge shall offer to return the envelope w…

Sec. 35. If a voter spoils or defaces a ballot card or marks it erroneously, the voter shall return the card so as not to disclose any choices that the voter has made. [Pre-1986 Recodification Citation: 3-2-4-4(c) part.] As added by P.L.5-1986, SEC.7. Amended by P.L.38-1999, SEC.…

Sec. 36. As soon as the polls are closed, the inspector shall secure the marking devices against further voting. [Pre-1986 Recodification Citation: 3-2-4-5(a) part.] As added by P.L.5-1986, SEC.7.

Sec. 37. If a petition is filed under section 38 of this chapter, the county election board shall confirm that the votes cast in an election: (1) for each candidate and each public question; and (2) on a ballot card voting system in a precinct specified under section 38 of this c…

Sec. 38. Each county chairman for either of the major parties in the county may petition the county election board for confirmation of the vote cast on a ballot card voting system no earlier than the Saturday before an election and no later than the Thursday after an election. Th…

Sec. 39. The county election board shall conduct an audit under section 37 of this chapter by means of tests and procedures that are approved by the commission and independent of the provider of the ballot card voting system being audited. As added by P.L.6-1986, SEC.31. Amended …

Sec. 4.5. As required by 52 U.S.C. 21081, an election board must establish a voter education program to notify a voter of the effect of casting multiple ballots for a single office on an optical scan ballot card tabulated at a central location. As added by P.L.209-2003, SEC.155. …

Sec. 40. The county election board shall certify the results of an audit under section 37 of this chapter not later than noon twelve (12) days after the election. The certification must be on the form prescribed by the election division. One (1) copy shall be filed with the elect…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 41. Public notice of the time and place of an audit under section 37 of this chapter shall be given at least forty-eight (48) hours before the audit. The n…

Sec. 42. If a county has procured ballot card voting systems for use, the ballot card voting systems may be used at a municipal election. If there are not sufficient ballot card voting systems on hand for each precinct of the municipality, the county election board shall determin…

Sec. 43. (a) If ballot card voting systems are used in a municipal election, the county election board shall furnish to the municipality: (1) the requisite number of ballot card voting systems; and (2) all the furniture and appliances that go with the ballot card voting systems. …

Sec. 44. (a) The county chairman of each major political party of the county may appoint one (1) person to observe: (1) the ordering and the setting and adjustment of automatic tabulating machines under section 6 of this chapter; (2) the testing of automatic tabulating machines u…

Sec. 6. (a) Before an election at which a ballot card voting system is used, a county election board shall: (1) have the marking devices prepared for the election; (2) have the marking devices put in order, set and adjusted, and made ready for voting when delivered to the precinc…

Sec. 7. Demonstration marking devices may not bear the name of any candidate or the text of any public question at an election. [Pre-1986 Recodification Citation: 3-2-4-4(a) part.] As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.120.

Sec. 7.5. (a) This section applies to a marking device used in a voting system that: (1) contains features of both a ballot card voting system and an electronic voting system; and (2) produces a ballot card with the voter's choices as selected by the voter and marked on the card …

Sec. 8. Unless the marking devices enable the voter to mark a ballot card in secret, a sufficient number of voting booths for each precinct shall be provided. The booths must be of a size and design so as to enable a voter to mark a ballot card in secret. [Pre-1986 Recodification…

Sec. 9. (a) The public officials charged with the duty of providing ballot cards or ballot labels shall also provide either or both of the following: (1) Sample ballots. (2) An electronic form of the sample ballot arranged under subsection (b), if the county election board requir…

Sec. 1. For purposes of this chapter, a reference to a "county election board" includes the following: (1) A county election board established by IC 3-6-5. (2) A board of elections and registration. As added by P.L.34-2019, SEC.1. Amended by P.L.156-2020, SEC.5.

Sec. 2. As used in this chapter, "incorrect outcome" means an outcome that is inconsistent with an election outcome that would be obtained by conducting a full recount. As added by P.L.34-2019, SEC.1.

Sec. 3. As used in this chapter, "post-election audit" means an audit protocol that makes use of statistical methods and is designed to limit to acceptable levels the risk of certifying a preliminary election outcome that constitutes an incorrect outcome. As added by P.L.34-2019,…

Sec. 4. (a) The secretary of state may designate counties as post-election audit counties. (b) For a county to be designated as a post-election audit county, the county election board must adopt a resolution requesting the secretary of state to designate the county as a post-elec…

Sec. 5. (a) The secretary of state shall determine the number of elections that are subject to a post-election audit. (b) All contested elections for an elected office and all public questions are eligible for designation under subsection (a) for a post-election audit. As added b…

Sec. 6. (a) The secretary of state may waive the requirement of section 5 of this chapter, after a written request by a county election board. (b) The secretary of state may waive the requirement of section 5 of this chapter only if the county election board shows that the techno…

Sec. 7. (a) The secretary of state shall issue orders to implement and administer the requirements of this chapter if a petition for recount or contest filed under this article affecting the county has not been filed. If a petition for a recount or contest has been filed affectin…

Sec. 1. This chapter prescribes voter registration procedures in Indiana's motor vehicle authority as provided in 52 U.S.C. 20504. As added by P.L.12-1995, SEC.23. Amended by P.L.128-2015, SEC.34.

Sec. 10. If an individual is registering to vote after the twenty-ninth day before the date that a primary, general, municipal, or special election is scheduled in the precinct where the voter resides, the employee of the bureau of motor vehicles commission who provides an indivi…

Sec. 11. Whenever an applicant completes a voter registration application under section 4 of this chapter, the bureau of motor vehicles commission shall provide the applicant with a written acknowledgment that the applicant has completed a voter registration application at a lice…

Sec. 12. (a) An applicant who completes a voter registration application under section 4 of this chapter is not required to submit the application to a county voter registration office. (b) The bureau of motor vehicles commission shall forward the voter registration part of the a…

Sec. 13. Voter registration information received or maintained by the bureau of motor vehicles commission under this chapter is confidential and may be used only for voter registration purposes as provided in this article, 52 U.S.C. 20504(b), and 52 U.S.C. 20507(a)(6). As added b…

Sec. 14. Except as provided in section 15 of this chapter, an application under section 4 of this chapter authorizes a county voter registration office to update the voter registration record of the applicant: (1) under 52 U.S.C. 20504(a)(2) unless the applicant fails to sign the…

Sec. 15. As provided in 52 U.S.C. 20504(d), a circuit court clerk or board of registration may update the address in the voter registration of an applicant, unless the applicant indicates on an application to obtain or renew a motor vehicle driver's license (or any other change o…

Sec. 16. The circuit court clerk or board of registration shall, upon receiving a completed application under section 12 of this chapter, notify the applicant of the disposition of the application in the manner prescribed under IC 3-7-33 and as required under 52 U.S.C. 20507(a)(2…

Sec. 17. As provided in 52 U.S.C. 20506(a)(5), an employee or a volunteer of the office shall 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, including any pict…

Sec. 2. (a) Except as provided in subsection (b), the definitions in IC 9-13-2 apply to this chapter. (b) A reference to the "commission" in this chapter is a reference to the Indiana election commission unless otherwise stated. As added by P.L.12-1995, SEC.23. Amended by P.L.14-…

Sec. 3. The bureau of motor vehicles commission is the state's motor vehicle authority for purposes of NVRA. As added by P.L.12-1995, SEC.23.

Sec. 4. An application to obtain or renew a motor vehicle driver's license, permit, or identification card serves as an application for voter registration: (1) under this article; and (2) as provided in 52 U.S.C. 20504(a)(1); unless the applicant fails to sign the voter registrat…

Sec. 5. As provided in 52 U.S.C. 20504(c)(1), the bureau of motor vehicles commission shall include a voter registration application form as a part of the application for a driver's license prescribed under IC 9-24. As added by P.L.12-1995, SEC.23. Amended by P.L.14-2004, SEC.19;…

Sec. 6. The election division shall prescribe the design of the registration form required under section 5 of this chapter. As added by P.L.12-1995, SEC.23. Amended by P.L.2-1996, SEC.17; P.L.169-2015, SEC.18.

Sec. 7. (a) As provided in 52 U.S.C. 20504(c)(2), the registration form described in section 5 of this chapter must meet the following requirements: (1) The form may not require information that duplicates information required in the driver's license application part of the form,…

Sec. 8. To register under this chapter, an individual must do the following while on the premises of the license branch: (1) Complete the voter registration application under section 4 of this chapter. (2) Present the application to an employee of the license branch. As added by …

Sec. 9. (a) An employee of the bureau of motor vehicles commission who provides an individual with a driver's license or identification card application shall do the following: (1) Inform each individual who applies for a driver's license or an identification card that the inform…

Sec. 1. This chapter applies to each precinct where voting is by electronic voting system. As added by P.L.3-1987, SEC.327.

Sec. 10. Each county election board shall, before election day, have the proper ballot labels prepared as required by section 3.5 of this chapter and put on each electronic voting system. As added by P.L.3-1987, SEC.327. Amended by P.L.3-1993, SEC.173; P.L.58-2005, SEC.23.

Sec. 11. A county election board may require that the names of candidates for nomination at a primary election be rotated alphabetically on electronic voting systems. If the board does so, the names shall be rotated by precincts in regular serial sequence, so that each name of a …

Sec. 12. In school district elections, the county election board shall arrange the names of candidates in alphabetical order on an electronic voting system as required by section 3.5 of this chapter. As added by P.L.3-1987, SEC.327. Amended by P.L.58-2005, SEC.24.

Sec. 13. (a) Before an electronic voting system is delivered to a precinct, the county election board shall have the system put in order, set and adjusted, and ready for use in voting. As part of the system's preparation, the county election board may conduct any of the compariso…