Title 3, ELECTIONS

Sec. 11. The chairman of a county election board shall call a meeting of the board whenever the chairman considers it necessary for the performance of the board's duties. [Pre-1986 Recodification Citation: 3-1-4-3 part.] As added by P.L.5-1986, SEC.2.

Sec. 12. If the chairman of a county election board for any reason fails to call a meeting of the board, then the two (2) other members may meet to execute the powers and perform the duties of the board. [Pre-1986 Recodification Citation: 3-1-4-3 part.] As added by P.L.5-1986, SE…

Sec. 13. (a) Each county election board shall keep minutes of all meetings of the board, including a written record of the aye and nay vote of each member on all questions coming before the board. (b) The circuit court clerk shall permanently retain the board minutes. (c) After b…

Sec. 14. (a) Each county election board, in addition to duties otherwise prescribed by law, shall do the following: (1) Conduct all elections and administer the election laws within the county, except as provided in IC 3-8-5 and IC 3-10-7 for town conventions and municipal electi…

Sec. 14.5. (a) The county election board, by unanimous vote of the entire membership of the board, may adopt a resolution providing that certain duties and responsibilities exercised by the circuit court clerk under this title shall be performed by an employee of the county elect…

Sec. 15. (a) Except as provided in subsection (b), this section applies when an election is conducted in a political subdivision (as defined in IC 36-1-2-13 and other than a county) that contains territory in more than one (1) county. (b) This section does not apply to an electio…

Sec. 16. Each county election board shall prepare annually a budget estimate itemizing its expenditures for the previous year and its estimates of the amount of money necessary to be appropriated for the next year. The board shall submit the budget estimate at the time and in the…

Sec. 17. (a) Each county election board shall submit a report to the election division after each primary, special, municipal, and general election describing the activities of the board during the previous year. The board shall include the following in the report: (1) Informatio…

Sec. 17.3. The county election board of a county that is not designated as a vote center county under IC 3-11-18.1 must establish a plan that specifies the method and timing of providing absentee reports to persons who are entitled to receive the reports under this title. Absente…

Sec. 17.5. (a) As required by 52 U.S.C. 20302(c), each county election board shall submit a report to the election division after each general election setting forth the combined number of absentee ballots: (1) transmitted by the county election board to absent uniformed services…

Sec. 18. Each circuit court clerk shall perform all duties imposed upon the clerk under this title as a member of the county election board or as secretary of the board, except when the clerk is acting as the registration officer of the county. Any such action taken by the clerk …

Sec. 19. A circuit court clerk, with the approval of the county election board, shall exercise the powers and perform the duties imposed upon the board whenever the facilities of the clerk's office make it more reasonable and efficient for the clerk to do so. Any action taken by …

Sec. 2. The following three (3) members comprise each county election board: (1) The circuit court clerk, who is ex officio a member of the board. (2) Two (2) persons appointed by the circuit court clerk, one (1) from each of the major political parties of the county. [Pre-1986 R…

Sec. 20. A county election board may appoint and at its pleasure remove deputy election commissioners. A deputy election commissioner appointed under this section must reside in the county of the election board that appointed the deputy commissioner. If a deputy election commissi…

Sec. 21. The county chairmen of the major political parties of a county shall designate the deputy election commissioners. The deputy election commissioners must be divided equally between the major political parties. [Pre-1986 Recodification Citation: 3-1-4-5(a) part.] As added …

Sec. 22. The deputy election commissioners appointed under section 21 of this chapter may assist the county election board in carrying out its duties in accordance with rules adopted by the board. [Pre-1986 Recodification Citation: 3-1-4-5(a) part.] As added by P.L.5-1986, SEC.2.…

Sec. 23. (a) A county election board may appoint and at its pleasure remove clerks, custodians, and other employees that are necessary in the execution of its powers. The county election board may determine the duties, rank, and salaries of its appointees. (b) The county election…

commissioner or employment by county board Sec. 24. A person who is a candidate for elected office may not be: (1) appointed as a deputy election commissioner; or (2) employed by a county election board. If a deputy election commissioner or employee of a county election board bec…

Sec. 25. The books of each county election board shall be audited as are the books of other public officials of the county. [Pre-1986 Recodification Citation: 3-1-4-5(e).] As added by P.L.5-1986, SEC.2.

Sec. 26. A county election board may examine under oath any person with regard to a material matter connected with the proper discharge of its duties. Any member of the board may administer the oath. [Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.] As added by P.…

Sec. 27. A county election board may subpoena persons and papers and compel the witnesses to answer under oath any questions that properly come before the board. [Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.] As added by P.L.5-1986, SEC.2.

Sec. 28. The sheriff of a county, for a general election, and the chief law enforcement officer of a municipality, for a municipal election, shall serve all processes issued by a county election board. [Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.] As added by …

Sec. 29. If a person subpoenaed by a county election board refuses to attend or testify, the board shall report that fact to a circuit or superior court of the county. The court shall order the witness to attend and testify. If the witness fails or refuses to obey the order, the …

Sec. 3. (a) A person who is a candidate for elected office or a member of a candidate's committee may not be appointed as: (1) a member of a county election board; (2) a proxy of record for a member under section 4.5 of this chapter; or (3) an alternate proxy of record for a memb…

Sec. 30. A witness who is subpoenaed by a county election board is entitled to be paid the same mileage and fee to which witnesses in court actions are entitled. Mileage and fees shall be paid as other election expenses are paid. [Pre-1986 Recodification Citation: 3-1-4-7 part.] …

Sec. 31. If a county election board determines that there is substantial reason to believe an election law violation has occurred, it shall expeditiously make an investigation. If in the judgment of the board, after affording due notice and an opportunity for a hearing, a person …

Sec. 32. Upon referral under section 31 of this chapter, the attorney general or prosecuting attorney shall institute on behalf of the state a civil action for relief, including a permanent or temporary injunction, restraining order, or other appropriate order in a circuit or sup…

Sec. 33. The county sheriff, the chief law enforcement officer of a municipality within the county, and other law enforcement officers shall assist a county election board, upon request, in the enforcement of the election laws and the discharge of its duties, including the use of…

Sec. 34. Except as expressly provided by statute, an appeal may be taken from a decision of a county election 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 d…

Sec. 35. (a) An individual who knowingly, recklessly, or negligently fails to perform a duty as: (1) a precinct election officer; (2) an absentee voter board member; or (3) an absentee ballot counter; as required by this title is subject to a civil penalty under this section in a…

Sec. 4. The board members appointed by the circuit court clerk serve until their successors are appointed and qualified. [Pre-1986 Recodification Citation: 3-1-4-2 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.35.

Sec. 4.5. (a) A member may appoint an individual to serve as a proxy of record in the member's place as a member of the county election board by filing a written instrument appointing the proxy of record with the circuit court clerk. The proxy of record has the same authority to …

Sec. 5. The county chairman of each of the major political parties of a county may nominate, in writing, a member of the chairman's party for appointment to the county election board. The circuit court clerk shall appoint the nominee to the board. [Pre-1986 Recodification Citatio…

Sec. 6. A circuit court clerk shall remove any member of the county election board upon the request of the county chairman of the political party that nominated that member. The clerk then shall appoint a new member nominated by the county chairman. [Pre-1986 Recodification Citat…

Sec. 7. In case of a vacancy in the office of either appointee to a county election board, the circuit court clerk shall, within five (5) days, send written notice of the vacancy to the county chairman of the appointee's political party. The chairman may, within five (5) days aft…

Sec. 8. (a) The members of a county election board shall select one (1) of the appointed members to serve as chairman. (b) If the individual selected to serve as chairman: (1) resigns as chairman; (2) resigns as a member of the county election board; (3) is removed as a member of…

Sec. 9. Each county fiscal body shall determine, in the manner provided by law, the compensation of: (1) the appointed members of the county election board; and (2) the circuit court clerk for the clerk's services as secretary of the county election board. [Pre-1986 Recodificatio…

Sec. 1. (a) This chapter applies to the nomination of candidates for town offices in each town having a population of less than three thousand five hundred (3,500) that is not located entirely or partially within a county having a consolidated city. (b) Prison inmates may not be …

Sec. 10. (a) If more than one (1) candidate from the same political party files a declaration of candidacy for the same office, that political party shall conduct: (1) a town convention in an odd-numbered year, if permitted under this chapter; or (2) a primary election; to choose…

Sec. 10.5. (a) A person who desires to be nominated for a town office by a major political party must file a declaration of candidacy with the circuit court clerk of the county containing the greatest percentage of population of the town. (b) A declaration of candidacy must be fi…

Sec. 11. (a) An individual is eligible to participate in a town convention if the individual meets all the following requirements: (1) The voter resides in the town on the date the convention is conducted. (2) The voter became a registered voter of the town not later than the dat…

Sec. 12. (a) The town chairman and secretary of each town political party committee shall act as chairman and secretary of their respective conventions. (b) As the first item of convention business, the town chairman shall make the initial determination regarding which individual…

Sec. 13. (a) The chairman and secretary of a town convention shall execute a certificate of nomination in writing, setting out the following: (1) The name of each nominee as: (A) the nominee wants the nominee's name to appear on the ballot; and (B) the nominee's name is permitted…

Sec. 14. A certificate of nomination executed under section 13 of this chapter must be signed before a person authorized to administer oaths and certify the following information: (1) The name of the party, the town where the convention was held, the date of the convention, and t…

Sec. 14.3. If a convention or a primary election is not required under section 10 of this chapter, notwithstanding IC 3-10-7: (1) a municipal primary election or town convention may not be held; and (2) each candidate who filed a declaration of candidacy shall be placed on the mu…

Sec. 14.5. (a) A town election board or circuit court clerk conducting a municipal election under IC 3-10-7 may not include the name of a candidate nominated by a town convention on the municipal election ballot if the person files a notice to withdraw with the clerk. The circuit…