Title 3, TITLE 3. ELECTIONS

Sec. 20.5. "Electronic poll book" means the combination of mechanical, electromechanical, and electronic equipment (including the software, firmware, documentation, and backend infrastructure and services, including cloud platform services, required to program, control, and suppo…

Sec. 20.7. "Electronic poll list" means a poll list that is maintained in a computer data base. As added by P.L.64-2014, SEC.2.

Sec. 21. "Electronic voting system" means a system in which: (1) voters record their votes by activating touch-sensitive marking devices; and (2) votes are counted by automatic tabulating machines. [Pre-1986 Recodification Citations: 3-2-4-1; 3-2-4-2(f).] As added by P.L.5-1986, …

As added by P.L.3-1997, SEC.8. Repealed by P.L.221-2005, SEC.144.

Sec. 22. "Executive" means the following: (1) The board of county commissioners, for a county that does not have a consolidated city. (2) The mayor of the consolidated city, for a county having a consolidated city. (3) The mayor, for a city. (4) The president of the town council,…

Sec. 23. (a) "Expenditure" means a disbursement (whether characterized as an advance, a deposit, a distribution, a gift, a loan, a payment, a purchase, or a contract or promise to make a disbursement) of property (as defined in IC 35-31.5-2-253) that: (1) is made for the purpose …

Sec. 23.2. (a) Except as provided in subsection (b), "expedited basis" refers to the processing of: (1) a voter registration application; (2) a cancellation of a voter registration application; (3) a transfer of a voter registration application; or (4) another document that creat…

Sec. 23.7. "Fax" refers to transmission of information by a facsimile (fax) machine. As added by P.L.126-2002, SEC.2.

Sec. 24. "Federal office" refers to President of the United States, Vice President of the United States, and Senator and Representative in the Congress of the United States. [Pre-1986 Recodification Citation: 3-4-1-11.] As added by P.L.5-1986, SEC.1.

Sec. 24.5. "Filing" means the following: (1) For purposes of filing an electronic report under IC 3-9-4-4 or IC 3-9-5-7, when the requirements of IC 3-9-4-4 or IC 3-9-5-7 have been met. (2) For all other purposes, when all of the following have occurred: (A) The presentation of a…

Sec. 25. "Fiscal body" means: (1) county council, for a county not having a consolidated city; (2) city-county council, for a consolidated city or county having a consolidated city; (3) common council, for a second or third class city; (4) town council, for a town; (5) township b…

Sec. 26. "Fiscal officer" means the city controller of a second class city or the clerk-treasurer of a town or third class city. [Pre-1986 Recodification Citation: 36-1-2-7 part.] As added by P.L.5-1986, SEC.1.

Sec. 26.1. "Former candidate" refers to an individual who was a candidate for an election and satisfies any of the following: (1) The individual has died before the election, including a candidate certified as deceased under IC 3-8-7-1. (2) The individual has withdrawn as a candi…

Sec. 26.2. "HAVA" refers to the Help America Vote Act of 2002 (52 U.S.C. 20901 through 52 U.S.C. 21145). As added by P.L.209-2003, SEC.2. Amended by P.L.128-2015, SEC.1.

Sec. 26.3. "IDEA" refers to the Indiana data enhancement association established by IC 3-7-38.2-5.5. As added by P.L.141-2020, SEC.1.

Sec. 26.4. "Inhabitant", for purposes of: (1) Article 4, Section 7 of the Constitution of the State of Indiana; and (2) Article 6, Section 4 of the Constitution of the State of Indiana; means a person who resides at a location, as determined under IC 3-5-5. As added by P.L.258-20…

As added by P.L.10-1988, SEC.2. Repealed by P.L.4-1991, SEC.147.

Sec. 26.6. "Independent" means a candidate, or a ticket of candidates for President and Vice President of the United States or for governor and lieutenant governor, who states that the candidate or ticket is not affiliated with any political party. As added by P.L.3-1993, SEC.4.…

Sec. 26.7. "Individual with a nontraditional residence" means a person who: (1) does not reside in a private residential dwelling or an institutional structure; and (2) maintains a mobile residence or usually sleeps in a shelter, public area, or public right-of-way. As added by P…

Sec. 26.8. "Law enforcement officer" means a: (1) police officer; (2) sheriff; (3) constable; (4) marshal; or (5) deputy of any of those persons. As added by P.L.12-1995, SEC.4. Amended by P.L.114-2012, SEC.4; P.L.209-2021, SEC.2.

Sec. 26.9. "Lawful detention" has the meaning set forth in IC 35-31.5-2-186. As added by P.L.209-2021, SEC.3.

Sec. 27. "Legislative body" means the body having the power to adopt county, city, or town ordinances under IC 36-1-3-6. [1986 Recodification Citation: New.] As added by P.L.5-1986, SEC.1.

Sec. 27.3. "Legislative caucus committee" means an organization that satisfies all of the following: (1) The organization is organized by members of the general assembly who belong to the same state political party. (2) The organization proposes to influence only the election of …

Sec. 28. "Legislative office" refers to senator and representative in the general assembly. [Pre-1986 Recodification Citation: 3-4-1-19 part.] As added by P.L.5-1986, SEC.1.

Sec. 29. "Local office" means a circuit office, county office, city office, town office, township office, or other civil office for which the electorate of a political subdivision votes. The term includes all elected offices other than federal, state, legislative, and school boar…

Sec. 3. "Ballot" means: (1) the paper ballot prepared, printed, and supplied for use at an election; (2) the electronic display prepared, printed, and supplied for use on the front of an electronic voting system; or (3) the ballot card prepared, printed, and supplied for use in a…

Sec. 31. (a) "Marking device" means: (1) a pencil or pen for marking a paper ballot or ballot card; or (2) an approved device that automatically: (A) registers the voter's vote on an electronic voting system; or (B) produces a marked optical scan ballot indicating the choices of …

Sec. 31.5. "Member of the military or public safety officer" has the meaning set forth in IC 10-14-2-5. As added by P.L.120-2009, SEC.1.

Sec. 31.7. "Modification", for a certified voting system, refers to a change: (1) in the software or firmware of the voting system; or (2) to the hardware of the voting system that: (A) materially alters the system's reliability, functionality, capacity, or operation; or (B) has …

Sec. 32. "Municipality" means a city or town. [Pre-1986 Recodification Citation: 3-1-1-2 part.] As added by P.L.5-1986, SEC.1.

As added by P.L.3-1997, SEC.10. Repealed by P.L.176-1999, SEC.132.

Sec. 32.7. "Nomination date" refers to the following: (1) For candidates nominated in a primary election, the date of the primary election. (2) For candidates nominated in a convention, the date the convention is scheduled to be called to order, according to the call of the conve…

Sec. 33. "Nominee" means a candidate: (1) nominated by a political party at a primary election or convention under this title as the party's candidate for an elected office in a general, municipal, or special election; or (2) nominated by petition for an elected office. [1986 Rec…

Sec. 33.5. "NVRA" refers to the National Voter Registration Act of 1993 (52 U.S.C. 20501 through 52 U.S.C. 20511). As added by P.L.12-1995, SEC.5. Amended by P.L.128-2015, SEC.2.

Sec. 33.7. "NVRA official" refers to the designee under IC 3-7-11-1. As added by P.L.8-1995, SEC.5.

Sec. 33.8. "Office" refers to the office of census data established by IC 2-5-1.1-12.2. As added by P.L.212-2001, SEC.8. Amended by P.L.1-2002, SEC.7.

Sec. 33.9. (a) "Optical scan ballot" means a card or another paper on which votes are: (1) recorded by marking the card with a marking device; and (2) tabulated by an optical system that reads the marks on the card or paper. (b) "Optical scan voting system" means a voting system …

Sec. 34. "Organization" means a person that is not an individual. The term includes a business firm or corporation, a limited liability company, a labor organization, a religious organization, a political club, a trustee, a receiver, or any other type of association or group of i…

Sec. 34.5. "Overseas voter" refers to any of the following: (1) An absent uniformed services voter who, by reason of active duty or service, is absent from the United States on the date of the election involved. (2) A person who resides outside the United States and is qualified …

Sec. 34.7. (a) "Paper ballot" refers to a ballot that is: (1) marked by a voter using a pen or pencil; and (2) designed to be counted by hand and not counted on an automatic tabulating machine. (b) "Paper ballot" does not include a ballot card. As added by P.L.58-2005, SEC.2.…

[Pre-1986 Recodification Citation: 3-1-23-2 part.] As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.7. Repealed by P.L.194-2013, SEC.1.

Sec. 36. "Person" means an individual or an organization. [Pre-1986 Recodification Citation: 3-4-1-15 part.] As added by P.L.5-1986, SEC.1.

Sec. 37. (a) Except as provided in subsection (b), "political action committee" means an organization located within or outside Indiana that satisfies all of the following: (1) The organization proposes to influence: (A) the election of a candidate for state, legislative, local, …

Sec. 38. "Political subdivision" means a county, city, town, township, school corporation, public library, local housing authority, fire protection district, public transportation corporation, local building authority, local hospital authority or corporation, local airport author…

Sec. 39. "Polls" means the room in a structure where the voters of a precinct vote by casting ballots on election day. [Pre-1986 Recodification Citation: 3-1-1-2 part.] As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.9; P.L.169-2015, SEC.2.

Sec. 4. "Ballot card" refers to an optical scan ballot. [Pre-1986 Recodification Citation: 3-2-4-2(b) part.] As added by P.L.5-1986, SEC.1. Amended by P.L.239-2001, SEC.1; P.L.221-2005, SEC.2.

Sec. 4.5. "Ballot card voting system" refers to an optical scan voting system. As added by P.L.239-2001, SEC.2. Amended by P.L.221-2005, SEC.3.

Sec. 40. "Precinct" means a subdivision of a county or township established for election purposes. [Pre-1986 Recodification Citations: 3-1-1-2 part; 3-1-8-1 part.] As added by P.L.5-1986, SEC.1.

Sec. 40.1. "Precinct election officer" means a person appointed to serve in a precinct as one (1) of the following: (1) Inspector. (2) Judge. (3) Poll clerk. (4) Assistant poll clerk. (5) Election sheriff. As added by P.L.3-1987, SEC.10.

Sec. 40.3. (a) "Presidential elector" refers to an elector for President and Vice President of the United States as provided in Article 2, Section 1, clause 2 of the Constitution of the United States and Section 3 of the Fourteenth Amendment to the Constitution of the United Stat…