Title 3, ELECTIONS

Sec. 5.7. (a) As used in this section, "MOVE" refers to the Military and Overseas Voter Empowerment Act (P.L. 111-84, Division A, Title V, Subtitle H (Section 575 et seq.)). (b) As used in this section, "voter" refers only to either of the following: (1) An absent uniformed servi…

Sec. 5.8. (a) A voter with print disabilities may use electronic mail or web publication to request: (1) a voter registration application; and (2) an absentee ballot application; from the election division, a county election board, a county board of elections and registration, or…

Sec. 6. (a) This section applies, notwithstanding any other provision of this title, to absentee ballot applications for the following: (1) An absent uniformed services voter. (2) An address confidentiality program participant (as defined in IC 5-26.5-1-6). (3) An overseas voter.…

Sec. 6.2. (a) This section applies to an absent uniformed services voter, an overseas voter, or a voter with print disabilities. (b) The designation of a voter registration record in the computerized list as that of an individual described in subsection (a) expires January 1 of t…

Sec. 7. (a) An absentee ballot application under section 6 of this chapter must be made on a standard form approved under 52 U.S.C. 20301(b) or on the form prescribed by the election division under section 5.1 of this chapter. (b) An absentee ballot application under section 6 of…

Sec. 8. (a) This section applies to an overseas voter described in IC 3-5-2.1-75(3). (b) An overseas voter who resides outside the United States and who is no longer a resident of a precinct in Indiana is only entitled to receive absentee ballots for a federal office under this c…

Sec. 1. The members of each county election board shall canvass the votes cast in the county. [Pre-1986 Recodification Citation: 3-1-25-8 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.187.

Sec. 10. (a) The statement prepared under section 9 of this chapter must contain: (1) the name of each candidate; (2) the elected offices; (3) the total number of votes received by each candidate; (4) the total number of votes received by each candidate and cast for and against e…

Sec. 11. Each member of the county election board shall sign the statement prepared by the circuit court clerk under section 9 of this chapter. [Pre-1986 Recodification Citation: 3-1-25-11 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.195.

Sec. 12. After the county election board certifies the election results under section 9 of this chapter, the circuit court clerk shall furnish, upon request, to the county chairman of each political party a copy of the statement. [Pre-1986 Recodification Citation: 3-1-25-11 part.…

Sec. 13. After the county election board has tabulated the vote: (1) the canvass sheets used by the board; and (2) the certificates, poll lists, and tally papers returned by each inspector in the county; shall be delivered to the circuit court clerk. The clerk shall file and pres…

Sec. 14. If two (2) or more candidates receive the highest and an equal number of votes for a local office, the county election board shall: (1) declare that no person is elected to fill the office; and (2) certify the tie vote in the statement prepared by the circuit court clerk…

Sec. 15. A county election board may not reject the certificates, poll lists, or tally papers returned from a precinct election board: (1) for lack of form or for not being strictly in accordance with the directions contained in this title if the certificates can be satisfactoril…

Sec. 18. If electronic voting systems are used in a precinct, the county election board may, upon the adoption of an order by unanimous vote of the entire membership of the board, inspect the registering counter or other recording device on any electronic voting system showing th…

Sec. 19. To inspect an electronic voting system under section 18 of this chapter, the county election board may proceed to any place in the county where the system is located, kept, or stored. However, the board shall make the inspection in the presence of an accredited represent…

Sec. 20. When making an inspection under section 18 of this chapter, a county election board shall compare the number of votes registered on the counter or other recording device on the electronic voting systems with the returns made by the precinct election board of the precinct…

Sec. 21. If there is a discrepancy between the number of votes registered on an electronic voting system and the returns made by the precinct election board, the county election board shall correct the returns made by the precinct election board so that the returns conform to the…

Sec. 22. If a nomination or election is contested or a recount is conducted, the returns of each precinct election board, as corrected by the county election board under section 21 of this chapter, constitute prima facie evidence of the vote cast for each candidate and on each pu…

Sec. 23. The county election board shall have tally papers printed for use in tabulating the vote at each election held under its jurisdiction. The tally papers must: (1) contain the name of each office and candidate to be voted for at an election; (2) provide for tallying the vo…

Sec. 3. The members of a county election board shall be compensated for their services as canvassers in an amount to be fixed by the county executive. [Pre-1986 Recodification Citation: 3-1-25-10 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.188.

Sec. 4. (a) Each county election board may employ clerical assistants if necessary for the proper canvassing and tabulating of the vote. However, except as provided in subsection (d), not more than one-half (1/2) of the assistants employed by the board may be members of the same …

Sec. 5. A county election board shall pay an assistant hired under section 4 of this chapter a reasonable rate of compensation for the assistant's services. [Pre-1986 Recodification Citation: 3-1-25-10 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.357; P.L.3-19…

Sec. 5.5. This chapter is enacted to comply with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory standards to define what will be counted as a vote on a paper ballot, an optical scan voting system, or an electronic voting system by a county election board. As added …

Sec. 6. (a) At 6 p.m. on each election day, the county election board shall assemble in a room to canvass the certificates, poll lists, and tally papers returned by each inspector in the county and to declare the results of the election as provided in this chapter. (b) The canvas…

Sec. 6.3. (a) Beginning at 8 p.m. prevailing local time on election day, and at least once every one hundred twenty (120) minutes until midnight prevailing local time, the county election board shall enter unofficial results for offices elected by all voters of the state and for …

Sec. 6.5. (a) This section applies to a county that uploads unofficial precinct level results from a direct record electronic voting system to the computerized list before the county certifies the official results of the election under IC 3-12-5. (b) The county must use a univers…

Sec. 7. In each county having a population of more than three hundred thousand (300,000), the county executive shall, upon the written request and order of the judge of the circuit court of the county and at least ten (10) days before the election, provide a suitable assembly roo…

Sec. 8. The county election board shall: (1) carefully examine and compare the certificates, poll lists, and tally sheets; and (2) aggregate and tabulate from the papers entrusted to it the vote for the county and each political subdivision, as appropriate. [Pre-1986 Recodificati…

Sec. 9. (a) This subsection applies to: (1) a local or school board office with an election district located entirely within one (1) county, except for an office for which a declaration of candidacy is filed with the election division under IC 3-8-2; and (2) a political party off…

Sec. 1. A vacancy in the office of governor or lieutenant governor shall be filled as provided in Article 5, Section 10 of the Constitution of the State of Indiana. [Pre-1986 Recodification Citation: Ind. Const. Art. 5, § 10 part.] As added by P.L.5-1986, SEC.9.

Sec. 2. A vacancy in the office of justice of the supreme court, judge of the court of appeals, or judge of the tax court shall be filled as provided in IC 33-27. [Pre-1986 Recodification Citations: Ind. Const. Art. 7, §§ 9, 10, 11; 33-3-5-6.] As added by P.L.5-1986, SEC.9. Amend…

Sec. 3. (a) This section applies to a vacancy that occurs in a state office other than governor, lieutenant governor, or a judicial office. (b) If a state officer wants to resign from office, the state officer must resign as provided in IC 5-8-3.5. (c) A vacancy that occurs in a …

Sec. 1. A person who knowingly serves as a member of a precinct election board in violation of IC 3-6-6 commits a Level 6 felony. As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.486; P.L.158-2013, SEC.48.

Sec. 10. A person who knowingly violates: (1) IC 3-11.5-5; (2) IC 3-11.5-6; or (3) IC 3-12-2-1; by providing any other person with information concerning the number of votes a candidate received for an office or cast to approve or reject a public question on absentee ballots coun…

Sec. 2. An inspector who negligently or knowingly fails to appear at the county election board's office in person or by representative as required by IC 3-11-3 commits a Level 6 felony. As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.487; P.L.158-2013, SEC.49.

Sec. 3. A precinct election officer or public official upon whom a duty is imposed by this title who knowingly omits to perform the duty commits a Level 6 felony. As added by P.L.5-1986, SEC.10. Amended by P.L.158-2013, SEC.50.

Sec. 3.5. A circuit court clerk, a member of a board of registration, a county official, or another person responsible for maintaining computerized voter registration information who recklessly fails to comply with IC 3-7-26.3 more than thirty (30) days after being required to pe…

Sec. 4. A member of a precinct election board who recklessly allows a booth or compartment in which a voter is preparing a ballot to be used: (1) without a screen; or (2) with a screen arranged so as not to shield the preparation of the ballot from observation; commits a Class C …

Sec. 6. An inspector, or person acting in the inspector's behalf, who knowingly deposits: (1) a ballot upon which the initials of the poll clerks or authorized assistant poll clerks do not appear; or (2) a ballot on which appears externally a distinguishing mark or defacement; co…

Sec. 7. A member of a precinct election board or a person otherwise entitled to the inspection of the ballots who knowingly: (1) reveals to another person how a voter has voted; or (2) gives information concerning the appearance of any ballot voted; commits a Level 6 felony. As a…

Sec. 8. A member of a precinct election board, an absentee ballot counter appointed under IC 3-11.5-4-22, or a provisional ballot counter appointed under IC 3-11.7-3 who knowingly: (1) opens or marks, by folding or otherwise, a ballot presented by a voter, except as provided by l…

Sec. 9. An election officer who knowingly: (1) discloses to a person the name of a candidate for whom a voter has voted or how a voter voted on a public question; or (2) does any electioneering on election day; commits a Class A misdemeanor. As added by P.L.5-1986, SEC.10. Amende…

Sec. 1. Each circuit court clerk shall do the following: (1) Keep a separate absentee ballot record for each precinct in the county. (2) This subdivision applies to a county in which the county voter registration office prepares a certified list of all voters registered to vote i…

Sec. 10. (a) This subsection applies to a county that: (1) uses a paper list of voters provided under IC 3-7-29-2; (2) has not adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); and (3) is not a vote center county under IC 3-11-18.1. Subject to IC 3-10-8-7.5…

Sec. 11. (a) Upon receipt of the absentee ballot and not later than election day, the county election board shall examine the signature on the absentee ballot. (b) This subsection applies to a county that has not adopted an order to use an electronic poll book under IC 3-7-29-6(a…

Sec. 11.5. (a) This section applies to a county if the county election board has adopted a resolution by the unanimous vote of the entire membership of the board to use the procedures set forth in this section, and the county: (1) has adopted an order to use an electronic poll bo…