Title 3, ELECTIONS

Sec. 22. The secretary of state may file a civil action seeking declaratory or injunctive relief to secure or implement a remedy determined by the commission to be appropriate under section 21 of this chapter. As added by P.L.209-2003, SEC.13.

Sec. 23. The commission shall forward a written summary of any action taken by the commission under section 20 or 21 of this chapter to: (1) the person who filed the complaint by first class mail with tracking; (2) the person alleged to have committed the violation by first class…

Sec. 24. As required by 52 U.S.C. 21112, the commission shall make the final determination regarding the complaint not later than ninety (90) days after the date the complaint is filed. The person filing the complaint may file a written consent permitting the commission to take a…

Sec. 25. As required by 52 U.S.C. 21112, if the commission fails to make the final determination regarding the complaint within the period applicable to the complaint under section 24 of this chapter, the complaint shall be resolved not later than sixty (60) days after the deadli…

Sec. 26. A complaint described by section 25 of this chapter shall be resolved by referral to an arbitrator selected jointly by the commission and the person who filed the complaint. As added by P.L.209-2003, SEC.13.

Sec. 27. As provided by 52 U.S.C. 21112, the record and other materials from any proceedings conducted by the commission shall be made available for use by the arbitrator. As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.24.

Sec. 28. The arbitrator shall file a report with the election division setting forth the resolution of the complaint. The report must specify the following: (1) Whether a violation of Title III has occurred or was about to occur when the complaint was filed. (2) The appropriate r…

Sec. 3. As required by 52 U.S.C. 21112, this chapter establishes the state based administrative complaint procedures to remedy grievances concerning uniform and nondiscriminatory election technology and administrative requirements under Title III. As added by P.L.209-2003, SEC.13…

Sec. 4. The remedies provided under this chapter are supplemental to any other remedies provided to an aggrieved party under this title. As added by P.L.209-2003, SEC.13.

Sec. 5. As required by 52 U.S.C. 21112, the procedures prescribed by this chapter must be uniform and nondiscriminatory. As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.15.

Sec. 6. As provided by 52 U.S.C. 21112, a person who believes there is a violation of any provision of Title III, including a violation that has occurred, is occurring, or is about to occur, may file a complaint with the election division. As added by P.L.209-2003, SEC.13. Amende…

Sec. 7. As required by 52 U.S.C. 21112, a complaint filed under this chapter must be written, signed, and sworn to before an individual authorized to administer an oath under IC 33-42-9. As added by P.L.209-2003, SEC.13. Amended by P.L.98-2004, SEC.26; P.L.128-2015, SEC.17; P.L.1…

Sec. 8. The complaint filed under section 7 of this chapter must state the following: (1) The name and mailing address of the person alleged to be committing the violation of Title III described in the complaint. (2) Whether the person filing the complaint has filed a complaint c…

Sec. 9. The election division shall promptly provide a copy of the complaint to: (1) the members of the commission by placing the copy on file at the election division; and (2) the persons identified in the complaint by first class mail with tracking. As added by P.L.209-2003, SE…

Sec. 1. The name of a voter who dies shall be removed from the registration records as provided in this chapter. As added by P.L.12-1995, SEC.55.

Sec. 2.1. (a) As required under 52 U.S.C. 21083, the election division shall coordinate the computerized list generated by the statewide voter registration system under IC 3-7-26.3 with the Indiana department of health to permit a county voter registration office to cancel the re…

Sec. 2.2. The election division shall coordinate the computerized list described in section 2.1 of this chapter with the bureau of motor vehicles to permit a county voter registration office to cancel on an expedited basis the registration record of an individual who is reported …

Sec. 3. As required by 52 U.S.C. 21083, after receipt of the reports required by section 2.1 or 2.2 of this chapter, each county voter registration office shall cancel the registration of each deceased person listed in the reports. As added by P.L.12-1995, SEC.55. Amended by P.L.…

Sec. 4. (a) Except as provided in subsection (c), a county voter registration office shall cancel the registration of a deceased person after receiving a copy of the deceased person's death certificate on an expedited basis, as required under 52 U.S.C. 21083. The county voter reg…

Sec. 5. (a) The Indiana department of health shall acquire information regarding the deaths of Indiana residents occurring in each of the other states from those states or from the State and Territorial Exchange of Vital Events (STEVE) System and Electronic Verification of Vital …

Sec. 6.1. (a) At least once each month, the election division shall obtain information regarding Indiana residents identified as deceased by the federal Social Security Administration as required by 52 U.S.C. 21083 and in conformity with IC 3-7-26.3. (b) Not later than thirty (30…

Sec. 7. (a) If a county voter registration office determines that: (1) a voter has been identified as deceased in a list or report described by this chapter; and (2) the identification is in error; the voter registration office may decline to cancel the registration and shall not…

Sec. 8. (a) At least once each month, the NVRA official shall notify each county voter registration office of the names of deceased persons obtained under this chapter. (b) If the NVRA official does not perform a duty in accordance with this section, the secretary of state shall …

Sec. 1. As permitted under 52 U.S.C. 20507(a)(3)(B) and in the manner required under 52 U.S.C. 21083, a county voter registration office shall remove from the official list of registered voters the name of a voter who is disfranchised under this chapter due to a criminal convicti…

Sec. 2. A person imprisoned following conviction of a crime is disfranchised during the person's imprisonment. As added by P.L.12-1995, SEC.56.

Sec. 3. (a) This section applies to a person convicted of a felony in a district court of the United States. (b) As required by 52 U.S.C. 20507(g)(5), the NVRA official shall notify the county voter registration office of the county in Indiana in which the person resides of the i…

Sec. 3.5. (a) As used in this section, "correctional department" refers to an agency of the government of a state other than Indiana that has responsibility for the imprisonment of individuals who have been convicted of a crime. (b) If the NVRA official receives information from …

Sec. 4.1. (a) As required under 52 U.S.C. 21083, the election division shall coordinate the computerized list generated by the statewide voter registration system under IC 3-7-26.3 with the department of correction to permit a county voter registration office to cancel the regist…

Sec. 5. The NVRA official shall notify the county voter registration office of each county where a person on the report resides for processing under section 8 of this chapter. As added by P.L.12-1995, SEC.56. Amended by P.L.2-1996, SEC.79; P.L.209-2003, SEC.88.

Sec. 6. (a) At least once a quarter, and not later than: (1) January 31; (2) April 30; (3) July 31; and (4) October 31; of each year, a county sheriff shall provide the county voter registration office with a report containing the information set forth in subsection (b) for proce…

Sec. 7. The county voter registration office shall notify the county voter registration office of each county where a person on the list resides that a voter registered in that county has been listed on the report described in section 6 of this chapter. As added by P.L.12-1995, S…

Sec. 7.5. If the information provided under section 5 or 6 of this chapter indicates that the person is disfranchised under section 2 of this chapter, the county voter registration office shall: (1) remove the name of the person from the voter registration records; and (2) enter …

Sec. 8. Each county voter registration office shall prepare a notice to be mailed to the names and last known addresses of all persons within the county who have been disfranchised. As added by P.L.12-1995, SEC.56. Amended by P.L.3-1997, SEC.108; P.L.209-2003, SEC.92; P.L.164-200…

Sec. 9. After preparation of the notice under section 8 of this chapter, the county voter registration office shall mail the notice to the alleged disfranchised person not later than the day following the day that the voter's registration has been canceled under this chapter. The…

Sec. 1. (a) Except as otherwise provided by NVRA or in this chapter, a person whose name does not appear on the registration record may not vote, unless the county voter registration office issues a signed certificate of error immediately available for inspection in the county vo…

Sec. 10. The NVRA official shall investigate the incident reported by the circuit court clerk or board of registration under section 9 of this chapter and determine if: (1) the voter had properly registered at the license branch or agency; and (2) a violation of NVRA or this arti…

Sec. 2. A certificate of error issued under section 1 of this chapter: (1) may be issued at any time after: (A) the production of the certified list under IC 3-7-29; or (B) the downloading of the information into an electronic poll book under IC 3-7-29-6(c); (2) shall be executed…

Sec. 3. (a) This section does not apply whenever a county voter registration office provides confirmation of the issuance of a certificate of error to a precinct election officer by transmitting the confirmation through an electronic poll book used at a precinct or vote center. (…

Sec. 5. (a) This section applies to a voter who: (1) formerly resided in a precinct according to the voter registration record; and (2) no longer resides in that precinct according to the voter registration record. (b) As provided under 52 U.S.C. 20507(e)(3), a voter described by…

Sec. 6. If a voter casts a ballot under section 5 of this chapter, the inspector of the precinct shall immediately contact the circuit court clerk or board of registration of the county. The clerk or board shall promptly contact the precinct election board of any precinct in whic…

Sec. 7. (a) A voter shall be permitted to vote in a precinct upon written affirmation of the voter's residence in the precinct if: (1) the voter produces a registration receipt indicating that the voter completed a registration application at a license branch or voter registratio…

ballot; sufficiency of affidavit Sec. 7.5. If a voter makes an oral or a written affirmation under section 5 or 7 of 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…

Sec. 8. (a) The precinct election board shall add the name and address of a voter described by section 7 of this chapter to the poll list of the precinct. (b) The county voter registration office shall add the name of a voter described by section 7 of this chapter to the registra…

Sec. 9. The circuit court clerk or board of registration of a county in which a voter cast a ballot under section 7 of this chapter shall notify the NVRA official and the governing body of the voter registration agency not later than seven (7) days after the election is conducted…

Sec. 1. This chapter does not apply to enforcement of a provision of IC 3-9. As added by P.L.157-2019, SEC.2.

Sec. 10. (a) This section does not apply to a person whose sole act is, in the normal course of business, the printing, distribution, or mailing of the communication containing the information. (b) A person who violates IC 3-11-4-5.2 by mailing a communication that does not conta…