Title 3, TITLE 3. ELECTIONS
169 chapters · 2,794 sections in this title.
Ind. Code § 3-14-4-3 Omission in performance of required duties
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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.
Ind. Code § 3-14-4-3.5 Voter registration information violations
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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…
Ind. Code § 3-14-4-4 Allowing observance of voter preparing ballot
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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 …
Ind. Code § 3-14-4-5 Repealed
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As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.489. Repealed by P.L.5-1989, SEC.120. IC 3-14-4-6 Deposit of ballots not initialed or ballots externally defaced Sec. 6. An inspector, or person acting in the inspector's behalf, who knowingly deposits: (1) a ballot upon …
Ind. Code § 3-14-4-7 Disclosure of how voter voted or information regarding
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appearance of ballot voted 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; com…
Ind. Code § 3-14-4-8 Opening or marking ballot or ascertaining how voter voted
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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…
Ind. Code § 3-14-4-9 Disclosure of votes or electioneering
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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…
Ind. Code § 3-11.5-4-0.5 Repealed
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As added by P.L.266-2013, SEC.4. Repealed by P.L.278-2019, SEC.122.
Ind. Code § 3-11.5-4-1 Circuit court clerk records and certifications
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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…
Ind. Code § 3-11.5-4-10 Time for receipt of ballots; treatment
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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…
Ind. Code § 3-11.5-4-11 Opening absentee ballots; procedure; signature comparison
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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…
Ind. Code § 3-11.5-4-11.5 Processing ballots before election day in vote center counties
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and counties using electronic poll books; procedure; adopting option by county election board 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 se…
Ind. Code § 3-11.5-4-12.5 Opening absentee ballots by machine
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Sec. 12.5. (a) Notwithstanding section 12(b) of this chapter and subject to subsection (b), absentee ballot envelopes may be opened by machine instead of by the absentee ballot counters. For purposes of certification of voting systems under this article, a machine, the only funct…
Ind. Code § 3-11.5-4-13 Rejection of absentee ballots
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Sec. 13. (a) If the absentee ballot counters find under section 11 of this chapter that any of the following applies, the ballots shall be rejected: (1) The affidavit is insufficient or that the ballot has not been endorsed with the initials of: (A) the two (2) members of the abs…
Ind. Code § 3-11.5-4-13.5 Absentee ballot signature comparison; procedure; signature
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verification affidavit Sec. 13.5. (a) This section applies to an absentee ballot where there is a finding that the voter's signature on the absentee ballot security envelope affidavit does not correspond to the signature on the voter's absentee ballot application or electronic po…
Ind. Code § 3-11.5-4-13.6 Absentee ballot signature comparison; missing signature;
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procedure; affidavit of unsigned ballot Sec. 13.6. (a) This section applies to an absentee ballot where there is a finding that the voter's signature on the absentee ballot security envelope affidavit is missing and therefore does not correspond to the signature on the voter's ab…
Ind. Code § 3-11.5-4-14 Rejected ballots; endorsement; processing and return
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Sec. 14. (a) Each ballot rejected for any of the reasons prescribed by section 13 of this chapter shall, without being unfolded to disclose how the ballot is marked, be endorsed with the words: "Rejected (giving the reason or reasons for the rejection).". (b) All rejected absente…
Ind. Code § 3-11.5-4-15 Challenge of absentee ballot at polls; procedure
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Sec. 15. (a) Except as provided in subsection (c), the vote of an absentee voter may be challenged at the polls for the reason that the absentee voter is not a legal voter of the precinct where the ballot is being cast. (b) Before the inspector prepares to mark the poll list to i…
Ind. Code § 3-11.5-4-16 Absentee voter's application as affidavit; challenge procedure
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Sec. 16. (a) If an absentee ballot is challenged under section 15 of this chapter, the absentee voter's application for an absentee ballot shall be considered as the affidavit required to be made by a voter when challenged at the polls while voting in person. (b) Except as provid…
Ind. Code § 3-11.5-4-17 Absentee ballot of deceased voter
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Sec. 17. (a) If proof is given to the absentee ballot counters that an absentee voter marked and forwarded an absentee ballot but died before election day, the ballot of the deceased voter shall be rejected under section 13 of this chapter and retained with the other rejected bal…
Ind. Code § 3-11.5-4-18 Voting in person by absentee voter who has not returned
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absentee ballot Sec. 18. (a) If a voter has not returned an absentee ballot, the voter may vote in person. (b) However, if the voter has received an absentee ballot, before the voter may vote, the voter must return the ballot to the inspector. The absentee ballot shall be marked …
Ind. Code § 3-11.5-4-19 Repealed
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As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.225-2011, SEC.93.
Ind. Code § 3-11.5-4-2 Recast of certain ballots
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Sec. 2. (a) This section applies to a voter voting by an absentee ballot that: (1) is defective and ordered corrected under IC 3-11-2-16; (2) includes a candidate for election to office who: (A) ceases to be a candidate; and (B) is succeeded by a candidate selected under IC 3-13-…
Ind. Code § 3-11.5-4-20 Absentee voter wishing to vote in person after poll list is
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marked Sec. 20. If a voter has marked and returned an absentee ballot, the voter may not vote in person except as provided in section 21 of this chapter. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.109-2021, SEC.63.
Ind. Code § 3-11.5-4-21 Voter who has cast rejected absentee ballot appearing in
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person Sec. 21. If an envelope containing a voter's absentee ballot has been marked "Rejected", and the voter appears in person at the precinct before the polls close, the voter may vote as any other voter voting in person if the voter presents the precinct election board with th…
Ind. Code § 3-11.5-4-21.5 Rejected absentee ballots may not be opened; exception
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Sec. 21.5. Rejected absentee ballots may not be opened, except on order of a court or the state recount commission. As added by P.L.169-2015, SEC.141.
Ind. Code § 3-11.5-4-22 County election board appointments for absentee vote
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processing; eligibility; service by candidate or candidate's relative Sec. 22. (a) Except as provided in subsection (b), each county election board shall appoint: (1) absentee voter boards; (2) teams of absentee ballot counters; and (3) teams of couriers; consisting of two (2) vo…
Ind. Code § 3-11.5-4-23 Political party notice of number of appointees;
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recommendations for appointments; when nonvoter permitted to serve as appointee Sec. 23. (a) Not later than noon fifty (50) days before election day, each county election board shall notify the county chairmen of the two (2) political parties that have appointed members on the co…
Ind. Code § 3-11.5-4-23.5 Appointment of absentee ballot counters and couriers in
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Marion County Sec. 23.5. (a) This section applies to a county having a consolidated city only if the county election board, by unanimous vote of its entire membership, adopts a resolution making this section applicable in the county. (b) Notwithstanding section 23 of this chapter…
Ind. Code § 3-11.5-4-24 Applicability; poll list; inspector duties
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Sec. 24. (a) This section does not apply to a county that: (1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or (2) is a vote center county under IC 3-11-18.1. (b) This subsection does not apply if the circuit court clerk has provided a marked poll …
Ind. Code § 3-11.5-4-25 Repealed
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As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.126-2002, SEC.93.
Ind. Code § 3-11.5-4-26 Repealed
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As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.126-2002, SEC.93.
Ind. Code § 3-11.5-4-27 Repealed
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As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.126-2002, SEC.93.
Ind. Code § 3-11.5-4-28 Report of vote count; certificate
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Sec. 28. When all votes have been counted, the precinct election board 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. The number of votes that each candidate and public que…
Ind. Code § 3-11.5-4-3 Rejection of absentee ballots deposited in drop box not under
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control of county election board Sec. 3. In accordance with IC 3-11-10-24, a county election board shall reject an absentee ballot deposited in a drop box or other container or location that is not under the physical control and supervision of the county election board when the b…
Ind. Code § 3-11.5-4-4 Treatment of ballot found without genuine signature
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Sec. 4. If a county election board finds that the signature on a ballot envelope or transmitted affidavit is not genuine, the board shall write upon the ballot envelope the words "The county election board has found the signature of this voter is not genuine. This ballot is subje…
Ind. Code § 3-11.5-4-5 Ballot with signature; comparison of signatures; treatment of
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ballot with genuine signature, disputed signature Sec. 5. (a) Upon receipt of the absentee ballot and not later than election day, the county election board, or the absentee board members in the office of the circuit court clerk, shall compare the signature of the voter on the ab…
Ind. Code § 3-11.5-4-7 Acceptance of delivery of absentee ballots at post office
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Sec. 7. Not later than 6 p.m. on election day each circuit court clerk, or an agent of the clerk, shall visit the appropriate post office to accept delivery of absentee envelopes. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.227-2023, SEC.114.
Ind. Code § 3-11.5-4-8 Applicability; certification of voter names; delivery of
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certificates Sec. 8. (a) This section does not apply to a county that: (1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or (2) is a vote center county under IC 3-11-18.1; if the electronic poll book used at a polling place or vote center is immedia…
Ind. Code § 3-11.5-4-9 Applicability; marking of poll list indication of absentee voters;
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disposition of certificate materials Sec. 9. (a) This section does not apply to a county that: (1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or (2) is a vote center county under IC 3-11-18.1; if the electronic poll book used at a polling place o…
Ind. Code § 3-11.7-4-1 Applicability of statutes governing watchers
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Sec. 1. The following apply for the purposes of IC 3-6-8, IC 3-6-9, and IC 3-6-10: (1) The location for counting provisional ballots shall be treated the same as a precinct poll. (2) A provisional ballot counter shall be treated the same as a precinct election official. As added …
Ind. Code § 3-11.7-4-2 Rights and requirements of watchers appointed by parties or
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independent candidates Sec. 2. (a) Political parties or independent candidates described in IC 3-6-8-1 may appoint watchers at the location for counting provisional ballots. (b) A watcher appointed under this section: (1) has the rights; and (2) must follow the requirements; set …
Ind. Code § 3-11.7-4-3 Rights and requirements of watchers appointed by candidates
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Sec. 3. (a) A candidate entitled to appoint a watcher under IC 3-6-9 may appoint a watcher at the location for counting provisional ballots. (b) A watcher appointed under this section: (1) has the rights; and (2) must follow the requirements; set forth in IC 3-6-9. As added by P.…
Ind. Code § 3-11.7-4-4 Rights and requirements of watchers appointed by media
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Sec. 4. (a) Media entitled to appoint a watcher under IC 3-6-10 may appoint a watcher at the location for counting provisional ballots. (b) A watcher appointed under this section: (1) has the rights; and (2) must follow the requirements; set forth in IC 3-6-10. As added by P.L.12…
Ind. Code § 3-5-5-0.2 Amendments to definitions and chapter by certain amendments
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enacted in 2013 do not affect rights or liabilities, penalties incurred, violations committed, or proceedings begun before July 1, 2013 Sec. 0.2. Notwithstanding any other law, the additions and amendments to IC 3-5-2 or this chapter made by SEA 519-2013 do not affect any: (1) ri…
Ind. Code § 3-5-5-0.3 Effect of amendments made by 2015 session of the general
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assembly Sec. 0.3. Notwithstanding any other law, the additions and amendments to IC 3-5-2 or this chapter made by legislation enacted in the 2015 regular session of the general assembly do not affect any: (1) rights or liabilities accrued; (2) penalties incurred; (3) violations …
Ind. Code § 3-5-5-0.5 "Immediate family"
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Sec. 0.5. For purposes of this chapter, an individual's "immediate family" includes the spouse, children, stepchildren, parents, or grandparents of the individual. As added by P.L.258-2013, SEC.6.
Ind. Code § 3-5-5-1 Purpose of chapter
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Sec. 1. This chapter shall be used to determine the residency of the following: (1) A voter or a person applying to become a voter. (2) A candidate. (3) A person holding an elected office. As added by P.L.12-1995, SEC.10.
Ind. Code § 3-5-5-10 Physical presence in another Indiana precinct
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Sec. 10. Subject to section 6 of this chapter, if a person is physically present within another precinct in Indiana with the intention of making that precinct the person's residence, the person loses residency in the precinct that the person left. As added by P.L.12-1995, SEC.10.…
Ind. Code § 3-5-5-11 Location of immediate family as residence
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Sec. 11. The place where a person's immediate family resides is the person's residence, unless the family's residence is: (1) a temporary location for the person's immediate family; or (2) for transient purposes. As added by P.L.12-1995, SEC.10. IC 3-5-5-12 Living away from famil…