Title 3, TITLE 3. ELECTIONS

Sec. 6. (a) This section applies to a person who is: (1) otherwise qualified to register under this article; and (2) not imprisoned or subject to lawful detention. (b) A person described in subsection (a) who is: (1) on probation; (2) on parole; (3) subject to home detention unde…

Sec. 7. A registration or transfer of registration executed in conformity with prior law remains valid until canceled under this article. As added by P.L.12-1995, SEC.22.

Sec. 8. (a) This section applies to a voter: (1) who is a resident of a precinct; and (2) whose name appears on the registration record of a precinct. (b) A person described in subsection (a) is not required to register again as long as: (1) the voter continues to reside at the s…

Sec. 9. During a registration period, only those voters whose names do not appear on the registration record of the precincts of a county must register or request a transfer of previous registration. As added by P.L.12-1995, SEC.22.

Sec. 1. This chapter applies to each precinct where voting is by ballot card voting system. [Pre-1986 Recodification Citation: 3-2-4-3(c) part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.302.

Sec. 10. (a) This subsection applies when the county election board provides a precinct with a printed sample ballot under section 9 of this chapter. The appropriate precinct election officers shall post sample ballots near the entrance to the polls on election day and see that t…

Sec. 10.5. For purposes of this chapter, an electronic device that is not an electronic poll book may be used at a precinct or vote center to display a sample ballot. For purposes of certification of voting systems under this article, an electronic device, the only function of wh…

Sec. 11. (a) The ballot information, whether placed on the ballot card or on the marking device, must be in the order of arrangement provided for ballots under this section. (b) Each county election board shall have the names of all candidates for all elected offices, political p…

Sec. 11.5. A public question printed on a ballot shall be set forth without any quotation marks preceding or following the text of the public question. As added by P.L.109-2021, SEC.46.

party designation of candidates Sec. 12. If ballot labels consist of a number of separate pages, the office title with a statement of the number of candidates to be voted for may be printed above or at the side of the name of each candidate for that office. Except in a primary el…

on following page Sec. 13. If there are more candidates for an office than can be printed on one (1) ballot page, the ballot label shall be clearly marked that the list of candidates is continued on the following page. Arrows and numbers may be used to indicate the place to vote …

designation on ballot Sec. 14. (a) In partisan elections, the ballot labels must include a voting square or position where a voter may by one (1) voting mark on each card record a straight party ticket vote for all the candidates of one (1) political party, except for offices for…

[Pre-1986 Recodification Citation: 3-2-4-4.5 part.] As added by P.L.5-1986, SEC.7. Repealed by P.L.3-1987, SEC.570.

election Sec. 16. If a county election board requires that the names of candidates for nomination at a primary election be rotated alphabetically on the marking devices, then the names shall be rotated by precincts in regular serial sequence, so that each name of a list or group …

automatic data processing machines Sec. 17. Each county election board shall provide each precinct where a ballot card voting system is used with a sufficient number of ballot cards of the size, design, and stock suitable for processing by automatic data processing machines. [Pre…

to define a vote Sec. 18. (a) Except as provided in subsection (d), the county election board in a county using a ballot card voting system shall provide ballot cards to the precinct election board that permit voters to cast write-in votes for each officer to be voted for at that…

designation; line for poll clerk's initials Sec. 19. (a) Each circuit court clerk shall have printed on each ballot used in a precinct the precinct number or designation. (b) Except as provided in subsections (c) and (d), each circuit court clerk shall print or stamp the precinct…

Sec. 2. A county election board may use an approved ballot card voting system: (1) in any election; (2) in all or in some of the precincts within a political subdivision holding an election; and (3) instead of or in combination with any other voting method. [Pre-1986 Recodificati…

[Pre-1986 Recodification Citation: 3-2-4-4(d) part.] As added by P.L.5-1986, SEC.7. Amended by P.L.26-2000, SEC.15; P.L.239-2001, SEC.11; P.L.209-2003, SEC.157. Repealed by P.L.221-2005, SEC.145.

marked or be of different color to distinguish party Sec. 21. In a primary election, the ballot cards of each political party must be distinctively marked or be of a different color so that the ballot cards of each party are easily distinguishable. [Pre-1986 Recodification Citati…

correction of ballots requiring additional testing Sec. 22. (a) This section applies to: (1) a ballot card voting system; and (2) a voting system that includes features of a ballot card voting system and a direct record electronic voting system. (b) Not later than seventy-four (7…

Sec. 23. (a) The two (2) appointed members of the county election board shall observe the test required by section 22 of this chapter and certify the test as meeting the requirements of section 22 of this chapter. (b) A copy of the certification of the test conducted under sectio…

machines; requirements Sec. 24. (a) This subsection applies to a ballot card voting system. The test required by section 22 of this chapter must: (1) be conducted by processing a preaudited group of ballot cards marked so as to record a predetermined number of valid votes for eac…

Sec. 24.5. Immediately following the completion of the test required by section 22 of this chapter, the county election board shall enter the vote totals from the voting system tabulator tested under this chapter into the component of the voting system used by the county election…

and correction Sec. 25. If an error is detected during the test required by section 22 of this chapter, the cause of the error shall be determined and corrected, and an errorless count shall be made before the automatic tabulating machines are approved. [Pre-1986 Recodification C…

Sec. 26.5. (a) Each county election board may make available at convenient places throughout the county ballot card voting systems for the instruction of the voters. The board shall locate the systems at places where people usually assemble, such as shopping centers. The board sh…

Sec. 27. (a) After the delivery of a ballot card voting system to a precinct or vote center, the precinct election board may meet at the polls on the same day and open the package containing the sample ballot cards, to determine whether the system is ready for use in accordance w…

Sec. 27.5. At the opening of the polls, after the organization of and in the presence of the precinct election board, the inspector shall: (1) open the packages of ballot cards in a manner that preserves the seals intact; (2) deliver fifty (50) of each of the state and local ball…

[Pre-1986 Recodification Citation: 3-2-4-4(e) part.] As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.313; P.L.3-1993, SEC.168; P.L.176-1999, SEC.85; P.L.13-2014, SEC.5; P.L.55-2014, SEC.7. Repealed by P.L.76-2014, SEC.39.

Sec. 28.1. (a) This section does not apply: (1) to a ballot card voted by absentee ballot; or (2) in a county using an electronic poll book and a printer separate from the electronic poll book. (b) Except as provided in subsection (c), the two (2) poll clerks of each precinct sha…

Sec. 28.2. (a) This section: (1) does not apply to a ballot card voted by absentee ballot; and (2) applies in a vote center county using an electronic poll book and a printer separate from the electronic poll book. (b) The printed initials of the poll clerks captured through the …

effect of casting multiple votes for single office; correction of ballot by voter Sec. 28.5. (a) Unless challenged, a voter may proceed to vote. (b) This subsection does not apply in a precinct where a marking device for an optical scan ballot is being used. As each successive vo…

vote Sec. 28.7. (a) The two (2) poll clerks of each precinct shall place their initials in ink on the secrecy envelope of a ballot card (or on the fold-over part of a ballot card described in section 18(b)(1) of this chapter) at the time the card is issued to a voter. The initial…

in casting ballot Sec. 29. (a) In addition to the instructions printed on the ballot card or ballot labels, instructions to voters shall be posted in each voting booth or placed on the marking device. Each voter shall be instructed by both judges, on request, on how to operate th…

Sec. 3. A ballot card voting system may be used at a primary election only if the automatic tabulating machines for the system will: (1) count only votes for the candidates of one (1) political party; (2) reject all votes for an office when the number of votes for the office exce…

Sec. 30. When a voter is handed a ballot card, the voter shall be instructed to: (1) use only the marking device provided for marking the cards and that the voter is not to mark a card in any other way; (2) be certain that the initials of the poll clerks appear on the voter's car…

Sec. 31. If necessary, a precinct election officer shall assist a voter in determining if the proper initials appear on a ballot card. [Pre-1986 Recodification Citation: 3-2-4-4(e) part.] As added by P.L.5-1986, SEC.7.

Sec. 31.5. (a) The exterior of a voting booth or compartment and each area of the polls must be in plain view of the precinct election board. Each voting booth or compartment shall be placed so that a person voting on the opposite side of the railing or a person on the outside of…

Sec. 31.6. Whenever a ballot card voting system is used in a precinct and a ballot form prescribed by this title refers to a voting mark, the county election board shall approve voting instructions indicating that a specific type of marking device is employed on the system to ind…

Sec. 31.7. (a) This section is enacted to comply with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory standards to define what constitutes a vote on an optical scan voting system. (b) After receiving ballot cards, a voter shall, without leaving the room, go alone in…

Sec. 32. If a voter needs additional instruction after entering the voting booth, the voter may request assistance from the two (2) judges. The judges shall then approach but not enter the booth and call out the additional instructions to the voter. [Pre-1986 Recodification Citat…

Sec. 32.5. (a) At a primary election, a voter may not remain in the voting booth or compartment longer than five (5) minutes. (b) At a general, municipal, or special election, a voter may not remain in the voting booth or compartment longer than four (4) minutes. (c) If a voter r…

Sec. 32.8. If a voter shows the voter's ballot card or a part of the card to another person after the card has been marked so as to disclose any of the candidates voted for or how the voter voted on a public question, the ballot card may not be deposited in a ballot box. A record…

handling ballot not cast by voter 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 sh…

[Pre-1986 Recodification Citation: 3-2-4-4(e) part.] As added by P.L.5-1986, SEC.7. Amended by P.L.4-1996, SEC.72. Repealed by P.L.176-1999, SEC.134.

As added by P.L.3-1997, SEC.324. Repealed by P.L.176-1999, SEC.134.

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…