Title 3, TITLE 3. ELECTIONS

As added by P.L.209-2003, SEC.140. Amended by P.L.221-2005, SEC.69. Repealed by P.L.109-2021, SEC.27.

[Pre-1986 Recodification Citation: 3-1-22-9 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.260; P.L.126-2002, SEC.63. Repealed by P.L.278-2019, SEC.75.

[Pre-1986 Recodification Citation: 3-1-22-9 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.64. Repealed by P.L.278-2019, SEC.76.

[Pre-1986 Recodification Citation: 3-1-22-9 part.] As added by P.L.5-1986, SEC.7. Repealed by P.L.278-2019, SEC.77.

[Pre-1986 Recodification Citation: 3-1-22-10 part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1997, SEC.303; P.L.126-2002, SEC.65; P.L.219-2013, SEC.47. Repealed by P.L.278-2019, SEC.78.

ballot envelope; exceptions 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…

[Pre-1986 Recodification Citation: 3-1-22-10 part.] As added by P.L.5-1986, SEC.7. Repealed by P.L.278-2019, SEC.79.

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…

contest petition, or cross-petition 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 att…

liability for expenses of another party 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 expenses of …

party in a contest action 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 o…

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.

commission 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…

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…

As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.385; P.L.10-1988, SEC.162. Repealed by P.L.8-1995, SEC.71.

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…

reversion to general fund; appropriations 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 …

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. 5.5. 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. …

transportation, or protection 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 rec…

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…

proceedings 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…

Sec. 9. The state police department shall: (1) serve any notices, subpoenas, impoundment orders, discovery orders, protective orders, or other papers; (2) secure or transport any election records or equipment; and (3) perform any other law enforcement duties; ordered by the state…

Sec. 1. A vacancy in a township 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; 33-11.6-3-1 part.] As …

Sec. 1.5. A county auditor 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 under IC 5-8-3.5; or (2) been elected to…

Sec. 2. (a) A vacancy in the office of township trustee: (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; shall be filled by the board of comm…

Sec. 3. (a) This section applies to a vacancy in the office of township assessor not covered by section 1 of this chapter. (b) A vacancy shall be filled by the county assessor, subject to the approval of the department of local government finance. Except as provided in subsection…

Sec. 4. (a) A vacancy on the township board of a township: (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; shall be filled by the board of co…

Sec. 5. (a) This section applies to a vacancy in the office of judge of a small claims court or small claims court constable not covered by section 1 of this chapter. (b) A vacancy shall be filled by the township board at a regular or special meeting. The chairman of the township…

contest Sec. 6. 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…

determination of holdover board members; notice of meeting Sec. 6.5. (a) If fewer candidates have been elected to the township board than there were members to be elected, the county executive shall determine, at a regular or special meeting, the incumbent board member or members…

Sec. 7. 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.

Sec. 8. 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.

Sec. 1. A political party, civic association, or other organization may, at any time before an election, take a poll of voters qualified to vote at the election. [Pre-1986 Recodification Citation: 3-1-20-1 part.] As added by P.L.5-1986, SEC.2.

Sec. 2. The chairman, president, or other chief officer of the organization taking a poll under section 1 of this chapter shall issue to the persons taking the poll a certificate showing the nature of the poll and the organization for which the poll is to be taken. [Pre-1986 Reco…

Sec. 2.5. During the last thirty (30) days of each registration period, excluding school holidays, a college or university shall permit a student to knock on the door of each room in the living areas of student housing at the college or university to conduct a poll under this cha…

Sec. 2.6. An organization or individual conducting activities under section 2.5 of this chapter shall follow the following procedures: (1) Submit a list of poll takers to the person designated by the college or university. (2) If the student housing is not covered by a policy lim…

Sec. 2.7. A poll taker entering student housing under section 2.5 of this chapter must: (1) be a student enrolled at the college or university; (2) carry a poll taker’s certificate issued under section 2 of this chapter; (3) carry an identification card that includes a photograph…

Sec. 3. Each poll taker shall make a full, true, and complete list of all persons whose names are reported as voters, with such comments as the poll taker considers proper concerning the voters' respective qualifications. [Pre-1986 Recodification Citation: 3-1-20-3.] As added by …

[Pre-1986 Recodification Citation: 3-1-20-2 part.] As added by P.L.5-1986, SEC.2. Repealed by P.L.83-2016, SEC.1.

Sec. 5. (a) This section does not apply to the proprietor or manager of a residential mental health facility. (b) As used in this section, "place of lodging" refers to any of the following: (1) A boarding house. (2) A lodging house. (3) A residential building. (4) An apartment. (…

[Pre-1986 Recodification Citation: 3-1-20-2 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.4-1991, SEC.21. Repealed by P.L.83-2016, SEC.3.

violations Sec. 7. (a) If the proprietor, manager, or association of co-owners does not permit a poll taker for a political party or an independent candidate for a federal or a state office to enter the place or condominium under section 5(c) of this chapter, the chairman of the …

As added by P.L.7-1990, SEC.9. Repealed by P.L.83-2016, SEC.5.