Title 3, ELECTIONS

Sec. 6. If a civil penalty is imposed under this chapter, any investigative costs incurred and documented by the agency shall be added to the civil penalty imposed. As added by P.L.157-2019, SEC.2.

Sec. 7. Civil penalties and investigative costs shall be deposited in the fund designated under this chapter. As added by P.L.157-2019, SEC.2.

Sec. 8. An enforcement authority may, upon the unanimous vote of its entire membership, find that imposition of a civil penalty required to be imposed under this chapter would be unjust under the circumstances and do either of the following: (1) Waive the penalty. (2) Reduce the …

Sec. 9. (a) If a person is notified by the agency that the enforcement authority may assess a proposed civil penalty under this chapter against the person, the person may enter into an agreement with the agency to pay the proposed penalty and waive a hearing before the enforcemen…

Sec. 10. If the county election board is notified at any time that the person who filed a complaint under this chapter has filed a complaint with the election division under IC 3-6-4.5 regarding this matter, the county election board shall dismiss the proceeding under this chapte…

Sec. 11. This section applies if the complaint alleges that the circuit court clerk has committed the violation. The aggrieved person shall file the complaint with the chair of the county election board. The chair shall perform the duties otherwise performed by the circuit court …

Sec. 12. The county election board may consolidate complaints filed under this chapter. As added by P.L.209-2003, SEC.17.

Sec. 13. The circuit court clerk shall determine whether a complaint filed under this chapter describes a violation of Title III if the facts set forth in the complaint are assumed to be true. The circuit court clerk may consult with the election division in making this determina…

Sec. 14. If the circuit court clerk dismisses a complaint under section 13 of this chapter, the circuit court clerk shall provide a copy of this determination by first class mail with tracking to: (1) the person who filed the notice; (2) the person alleged to have committed the v…

Sec. 15. If the circuit court clerk determines that the complaint alleges a violation of Title III if the facts alleged in the complaint are assumed to be true and that the person has complied with section 7 of this chapter, the circuit court clerk shall conduct an investigation …

Sec. 16. The circuit court clerk, upon completing the investigation, shall submit the results of the investigation to the county election board, which shall then issue a written report. The circuit court clerk shall provide a copy of the report by first class mail with tracking t…

Sec. 17. The report described in section 16 of this chapter must: (1) indicate the date when the complaint alleging the violation was received by the county election board; (2) contain findings of fact regarding the alleged violation and state whether a violation of Title III has…

Sec. 18. At the request of the person filing a complaint, or at the request of a member of the county election board, the board shall conduct a hearing on the complaint and prepare a record of the hearing. This request must be filed not later than noon seven (7) days after the re…

Sec. 19. 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 county election board; or (4) refer the matt…

Sec. 2. As used in this chapter, "Title III" refers to Title III of HAVA (52 U.S.C. 21081 through 52 U.S.C. 21085). As added by P.L.209-2003, SEC.17. Amended by P.L.128-2015, SEC.27.

Sec. 20. If the county election board determines that based on the evidence presented, there is no violation of any provision of Title III or that the person has not complied with section 7 of this chapter, the county election board shall dismiss the complaint and publish notice …

Sec. 21. If the county election board determines that there is a violation of any provision of Title III, the county election board shall determine and provide the appropriate remedy if authorized by law to do so. If the county election board determines that it is not authorized …

Sec. 22. The county election board shall forward a written summary of any action taken by the commission under section 20 or 21 of this chapter by first class mail with tracking to: (1) the person who filed the complaint; (2) the person alleged to have committed the violation; an…

Sec. 3. This chapter establishes a county based administrative complaint procedure to supplement the state based administrative complaint procedure under IC 3-6-4.5 to remedy grievances concerning uniform and nondiscriminatory election technology and administrative requirements u…

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.17.

Sec. 5. The procedures prescribed by this chapter must be uniform and nondiscriminatory. As added by P.L.209-2003, SEC.17.

Sec. 6. 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 circuit court clerk of the county where the violation occurred, is occurring, or is about t…

Sec. 7. 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.17. Amended by P.L.98-2004, SEC.27; P.L.128-2017, SEC.2.

Sec. 8. The complaint filed under section 6 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 circuit court clerk shall promptly provide a copy of the complaint by first class mail to the members of the county election board and the persons identified in the complaint. As added by P.L.209-2003, SEC.17.

Sec. 1. This chapter applies to a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000). As added by P.L.3-1993, SEC.16. Amended by P.L.11-2023, SEC.3.

secretary of state duties Sec. 10. (a) Except as provided in subsection (d), not later than August 1, 2018, and not later than July 1 each year immediately following a year in which presidential electors are chosen, the secretary of state shall determine the following: (1) Which …

Sec. 2. As used in this chapter, "board" refers to the board of elections and registration established by section 3 of this chapter. As added by P.L.3-1993, SEC.16. Amended by P.L.176-1999, SEC.4.

Sec. 3. The board of elections and registration is established and shall be known as the ____________ (name of county) board of elections and registration. As added by P.L.3-1993, SEC.16. Amended by P.L.176-1999, SEC.5.

Sec. 4. The combined board is comprised of the following five (5) members: (1) The county chairmen of the major political parties of the county shall each appoint two (2) members of the board. Members of the board appointed under this subdivision must be voters of the county and …

Sec. 4.5. (a) A person who is a candidate for elected office or a member of a candidate's committee may not be appointed as a member of the board. (b) If an appointed member becomes a: (1) candidate for elected office; or (2) member of a candidate's committee; the member may not …

Sec. 5. Each member of the board shall be paid an annual salary of not less than ten thousand dollars ($10,000). The salaries of the board members shall be fixed in the manner prescribed by IC 36-2-5 or IC 36-3-6 and paid out of the county general fund in accordance with IC 3-5-3…

Sec. 6. (a) The board has all of the powers and duties given in this title (and powers and duties concerning elections or voter registration given in other titles of the Indiana Code) to the following: (1) The county election board. (2) The board of registration. (3) The circuit …

Sec. 7. (a) The board may vest day to day operations in a director of the board and in an assistant director of the board. (b) The director of the board is appointed by the county chairman of the political party whose nominee received the highest number of votes in the county for…

Sec. 8. The board may, by a vote of a majority of the members of the board, hire attorneys to provide legal services for the board, as determined by the board. As added by P.L.176-1999, SEC.9. Amended by P.L.230-2005, SEC.10.

Sec. 9. Except as expressly provided by statute, an appeal may be taken from a decision of the board to the circuit court, superior court, or probate court. An appeal taken under this section must be filed not later than thirty (30) days after the board makes the decision subject…

Sec. 1. This chapter applies to a county having a population of more than one hundred eighty-five thousand (185,000) and less than two hundred thousand (200,000). As added by P.L.144-2001, SEC.3. Amended by P.L.170-2002, SEC.5; P.L.119-2012, SEC.3; P.L.104-2022, SEC.3.

Sec. 10. Except as expressly provided by statute, an appeal may be taken from a decision of the board to the circuit court, superior court, or probate court. An appeal taken under this section must be filed not later than thirty (30) days after the board makes the decision subjec…

Sec. 2. As used in this chapter, "board" refers to the board of elections and registration established by section 3 of this chapter. As added by P.L.144-2001, SEC.3.

Sec. 3. (a) The board of elections and registration is established for the county. (b) The board shall be known as the (name of the county) board of elections and registration. As added by P.L.144-2001, SEC.3.

Sec. 4. (a) The board consists of the following: (1) One (1) member appointed by the county chairman of each of the major political parties of the county. A member appointed under this subdivision must be a voter of the county. (2) The circuit court clerk, who serves as an ex off…

Sec. 4.5. (a) A person who is a candidate for elected office or a member of a candidate's committee may not be appointed as a member of the board. (b) If an appointed member becomes a: (1) candidate for elected office; or (2) member of a candidate's committee; the member may not …

Sec. 5. (a) The board has all the powers and duties given in this title to the following: (1) The county election board. (2) The board of registration. (3) The county executive. (b) The circuit court clerk shall perform all the duties of the circuit court clerk under this title. …

Sec. 6. Each board member described in section 4(a)(1) of this chapter may, subject to the approval of the county chairman that appointed the board member, appoint a deputy to assist the board member. As added by P.L.144-2001, SEC.3.

Sec. 7. (a) The board shall appoint employees to perform the board's election and registration duties under this title. (b) The board may appoint an individual as an employee only upon the nomination by the county chairman of one (1) of the major political parties of the county. …

Sec. 8. The county shall establish a unified budget for the board that includes all expenses of conducting elections, registering voters, paying board employees, and compensating board member expenses. As added by P.L.144-2001, SEC.3.