Title 3, ELECTIONS

Sec. 8. A single petition required by section 7 of this chapter may nominate any number of candidates, but not more than the total number of delegates to be elected from the county. A petition must be signed by at least five hundred (500) voters for each delegate nominated. [Pre-…

Sec. 9. A petition required by section 7 of this chapter must contain the candidates' names, the candidates' residence address with the street and number (if any), and a declaration and pledge that each candidate will, if elected, vote for or against ratification at the conventio…

Sec. 1. (a) Whenever a candidate is elected to a local office that is commissioned by the governor under IC 4-3-1-5, the circuit court clerk shall prepare a statement specifying the number of votes received by each candidate for that office. (b) The statement prepared under subse…

Sec. 1.5. (a) This section applies to a statement required to be transmitted to the election division by a circuit court clerk under this chapter. (b) A statement described in subsection (a) shall be sent by using the computerized list established under IC 3-7-26.3 unless the ele…

Sec. 10. The election division shall transmit to each candidate certified under section 9 of this chapter an original copy of the certificate of election. The secretary of state shall seal and attest the certificate of election. [Pre-1986 Recodification Citation: 3-1-26-9 part.] …

Sec. 11. (a) As soon as practical, but no later than noon on the second Monday following an election for a legislative office, each circuit court clerk shall: (1) prepare a certified statement specifying the number of votes received in the county by each candidate for legislative…

Sec. 12. (a) Upon receipt of the certified statements under section 11 of this chapter, the election division shall: (1) immediately total all certified statements from each senate and house district; and (2) promptly prepare and transmit to the candidate receiving the highest nu…

Sec. 13. The election division may not reject a certified statement received from a circuit court clerk under section 6 or 11 of this chapter but shall estimate, aggregate, and tabulate the total number of votes as evidenced by the face of each certified statement. [Pre-1986 Reco…

Sec. 14. (a) This section does not apply to the correction of an error under IC 3-12-6-29 or IC 3-12-11-23. (b) The county election board or the election division shall correct an error in the certification of the vote for a candidate or on a public question if the error is disco…

Sec. 15. If a circuit court clerk or the election division fails or refuses to correct an error as required by section 14 of this chapter, then any voter may bring a civil action to enforce the duty to make the correction. A civil action under this section must be brought: (1) no…

Sec. 16. A certificate of election may not be issued until the period allowed under section 14 of this chapter for the discovery and correction of errors has expired. [Pre-1986 Recodification Citation: 3-1-26-7 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.38-1999, SEC.59.…

Sec. 18. (a) This section applies if the individual: (1) holds a local office; (2) is elected to another term in that office; and (3) dies or is otherwise disqualified to serve in the office before the date that the individual's next term is scheduled by law to begin. (b) Upon no…

Sec. 2. (a) Whenever a candidate is elected: (1) to a local or school board office other than: (A) one for which a town clerk-treasurer issues a certificate of election under IC 3-10-7-34; or (B) one commissioned by the governor under IC 4-3-1-5; or (2) a precinct committeeman or…

Sec. 3. Whenever a candidate for a local office described in section 2 of this chapter is unopposed, the circuit court clerk shall, upon demand of the candidate, certify the candidate in the same manner as if elected to the office. [Pre-1986 Recodification Citation: 3-1-26-1 part…

Sec. 4. The governor may not withhold a commission because of a defect or informality in an election return to the election division if it can be determined with reasonable certainty from the return what office is intended and who is entitled to the commission. [Pre-1986 Recodifi…

Sec. 5. (a) Not later than noon on the second Monday following an election for governor and lieutenant governor, each circuit court clerk shall prepare a certified statement showing the number of votes each candidate received. The clerk shall transmit the statement to the electio…

Sec. 6. (a) Not later than noon on the second Monday following an election, each circuit court clerk shall prepare a certified statement under the clerk's seal of the number of votes received by each candidate for: (1) federal office; (2) state office; (3) legislative office; and…

Sec. 7. Upon receipt of the certified statements from the circuit court clerks under section 6 of this chapter and not later than noon of the last Tuesday in November, the election division shall tabulate the number of votes cast for each candidate for: (1) presidential electors …

Sec. 8. (a) If, not later than the final date and hour for filing a recount or contest petition under IC 3-12, a circuit court clerk files a correction with the election division that amends a certified statement under section 6 of this chapter and the amendment results in a diff…

Sec. 9. (a) Upon receipt of the certified statements from the circuit court clerks under section 6 of this chapter, the election division shall: (1) tabulate the number of votes cast for each candidate for United States Senator and United States Representative; and (2) prepare a …

Sec. 0.1. (a) This chapter applies only to a vacancy in a legislative office that was last held by a person elected or selected as a candidate of a major political party of the state. (b) A vacancy in a legislative office that was last held by a person elected or selected as a ca…

Sec. 1. (a) A vacancy in a legislative office shall be filled by a caucus comprised of the precinct committeemen from the senate or house district where the vacancy exists who represent the same political party that elected or selected the person who held the vacated seat. (b) No…

Sec. 10. The person who last held a vacated legislative office may not be a candidate for selection to fill a vacancy in that office under this chapter for the remainder of the term. As added by P.L.8-1986, SEC.4.

Sec. 2. (a) The state chairman of the political party that elected or selected the person who held the vacated seat shall set the place, date, and time of a caucus meeting. The chairman shall send a notice, by first class mail, of the purpose, place, date, and time of the meeting…

Sec. 3. (a) The state chairman or a person designated by the state chairman shall preside over a caucus meeting held under this chapter. (b) A person who desires to be a candidate to fill a vacancy under this chapter must file: (1) a declaration of candidacy with the chairman of …

Sec. 4. (a) To be eligible to participate in a caucus called under this chapter, an elected precinct committeeman must be entitled to vote for the legislative office for which a successor is to be selected. An elected precinct committeeman is eligible to participate in a caucus c…

Sec. 5. (a) Except as provided in this section, voting by proxy is not allowed in a caucus held under this chapter. (b) A precinct vice committeeman is entitled to participate in a caucus held under this chapter and vote as a proxy for the vice committeeman's precinct committeema…

Sec. 6. The state chairman shall certify the name of the person selected under section 1 of this chapter to the president pro tempore of the senate or the speaker of the house of representatives, as appropriate, who shall acknowledge receipt of the certification, submit a copy of…

Sec. 7. The secretary of state shall, within fourteen (14) days after receipt of the certification under section 6 of this chapter, certify the person selected to fill the vacated seat. [Pre-1986 Recodification Citation: 2-2.1-2-3.] As added by P.L.5-1986, SEC.9.

Sec. 8. A person certified to fill a vacancy under this chapter has all the rights and duties of a member of the general assembly elected at a general election. The person serves for the remainder of the unexpired term. [Pre-1986 Recodification Citation: 2-2.1-2-4.] As added by P…

Sec. 9. If a house of the general assembly determines that a person should not be seated as a member of that house because that person was ineligible to hold the seat for which a certificate of election has been issued by the secretary of state, the seat shall be filled under thi…

Sec. 1. (a) This section applies during an election whenever a voter makes an affidavit before the inspector in a precinct that a person who has offered to vote is an illegal voter in the precinct. This section does not apply to an affidavit executed by an individual who: (1) is …

Sec. 2. (a) Each precinct election board shall, at the close of the polls, place any affidavit prescribed by IC 3-10-1-9 to challenge the party affiliation of a person wishing to cast a ballot in a primary election in a strong paper bag or envelope and securely seal it. Each memb…

Sec. 3. (a) This section does not apply to a violation of NVRA or IC 3-7. (b) The commission and each county election board shall report a violation of this title as a felony or misdemeanor to the appropriate prosecuting attorney and the alleged violator. (c) The commission and b…

Sec. 4. In addition to the duties prescribed by IC 33-39, the prosecuting attorney of each circuit shall prosecute each resident of the circuit who the prosecutor believes has violated IC 3-14-1-7, IC 3-14-1-10, IC 3-14-1-13, IC 3-14-1-14, or IC 3-14-1-14.5 in any circuit of the …

Sec. 5. When an election offense is committed, an indictment or information for the offense is sufficient if it alleges that the election was authorized by law without stating the names of the officers holding the election, the candidates voted for, or the offices filled at the e…

Sec. 6. In a criminal prosecution for violation of IC 3-14-1-7, IC 3-14-1-10, IC 3-14-1-13, IC 3-14-1-14, or IC 3-14-1-14.5, a witness, except the person who is accused and on trial, may not be excused from answering a question or producing a book, paper, or other thing on the gr…

Sec. 7. If a person who has given or received money or other property to or from another person for the purpose of influencing any voter's vote at an election informs upon and testifies against the person receiving or giving the money in a criminal prosecution, the person informi…

Sec. 8. (a) As used in this section, "governmental entity" refers to any of the following: (1) A city. (2) A town. (3) An agency of a governmental entity referred to in any of subdivisions (1) through (2). (b) As used in this section, "date of conviction" refers to the date when:…

Sec. 10. If the absentee ballot counters cannot agree whether to count a ballot following a protest under section 8 of this chapter, the question shall be referred to the county election board for a decision. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

Sec. 11. Following a decision by the absentee ballot counters or the county election board, the absentee ballot counters shall officially sign each protested ballot. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

Sec. 12. An absentee ballot counter may not count absentee ballots for a precinct under this chapter while counting absentee ballots for any other precinct. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

Sec. 13. (a) This section applies if at least two (2) sets of absentee ballot counters in a county are counting absentee ballots under this chapter. (b) A set of absentee ballot counters may count absentee ballots from a precinct while another set of absentee ballot counters is c…

Sec. 14. (a) This section applies to the counting of federal write-in absentee ballots described in IC 3-11-4-12.5. (b) If a voter writes an abbreviation, a misspelling, or other minor variation instead of the correct name of a candidate or political party, that vote shall be cou…

Sec. 15. When all the votes have been counted, the absentee ballot counters shall prepare a certificate stating the number of votes that each candidate received for each office and the number of votes cast on each public question. As added by P.L.3-1993, SEC.176 and P.L.19-1993, …

Sec. 16. The number of votes that each candidate and public question received shall be written in words and numbers. The absentee ballot counters shall prepare a memorandum of the total votes cast for each candidate and on each public question and ensure that each member of the c…