Title 3, TITLE 3. ELECTIONS

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…

provisional ballot 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 inspecti…

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. (…

As added by P.L.12-1995, SEC.58. Repealed by P.L.76-2014, SEC.11.

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…

registration record 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 cha…

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.

penalties in election administration assistance fund 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…

Sec. 2. As used in this chapter, "agency" refers to the following: (1) The election division, if the commission is the enforcement authority. (2) The county election board, if the county election board is the enforcement authority. As added by P.L.157-2019, SEC.2.

Sec. 3. As used in this chapter, "enforcement authority" refers to either of the following: (1) The commission, which has exclusive jurisdiction under this chapter for matters relating to elections and candidates for state, legislative, and judicial offices. (2) The county electi…

statute Sec. 4. Proceedings of an enforcement authority under this chapter are subject to IC 4-21.5. As added by P.L.157-2019, SEC.2.

Sec. 5. (a) If the commission is the enforcement authority, a commission member, or the co-directors, with the authorization of the commission, may conduct a hearing or an investigation, take evidence, and report back to the commission for its consideration and action. (b) If a c…

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…

As added by P.L.209-2003, SEC.17. Repealed by P.L.230-2005, SEC.91.

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…

board 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 …

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

notice of dismissal 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 m…

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 …

county election board report; persons provided copies of report 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 …

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 …

dismissal of complaint if remedy not authorized 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 elec…

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. IC 3-6-5.1-6 Filing complaint with circuit court clerk Sec. 6. A person who believes there is a violation of any provision of Title III, including a violatio…

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…

named in complaint 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.