CHAPTER 1. PRIMARY ELECTIONS IN GENERAL ELECTION YEARS
IC 3-10
ARTICLE 10. PROVISIONS GOVERNING CERTAINTYPES OF ELECTIONS
IC 3-10-1
Chapter 1. Primary Elections in General Election Years
IC 3-10-1-1
Application of chapter
Sec. 1. This chapter applies only to primary elections that are heldin general election years. It does not apply to municipal primaryelections, which are covered by IC 3-10-6.
As added by P.L.5-1986, SEC.6.
IC 3-10-1-2
Political parties required to hold primary election
Sec. 2. Each political party whose nominee received at least tenpercent (10%) of the votes cast in the state for secretary of state atthe last election shall hold a primary election under this chapter toselect nominees to be voted for at the general election.
As added by P.L.5-1986, SEC.6.
IC 3-10-1-3
Date of primary
Sec. 3. A primary election shall be held on the first Tuesday afterthe first Monday in May of each year in which a general election isheld.
As added by P.L.5-1986, SEC.6.
IC 3-10-1-4
Nomination of candidates for certain offices; voting on candidates,election of delegates, and election of precinct committeeman
Sec. 4. (a) At a primary election each political party subject tosection 2 of this chapter shall nominate its candidates for thefollowing offices to be voted for at the general election:
(1) United States Senator.
(2) Governor.
(3) United States Representative.
(4) Legislative offices.
(5) Local offices.
(b) In addition, each political party subject to section 2 of thischapter shall:
(1) vote on candidates for nomination as President of the UnitedStates;
(2) elect delegates from each county to the party's stateconvention; and
(3) elect a precinct committeeman for each precinct in thecounty if precinct committeemen are to be elected under section4.5 of this chapter.As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.150;P.L.5-1989, SEC.33; P.L.9-1989, SEC.3.
IC 3-10-1-4.5
Election of precinct committeemen; exception
Sec. 4.5. (a) Except as provided in section 4.6 of this chapter,precinct committeemen shall be elected on the first Tuesday after thefirst Monday in May 2006 and every four (4) years thereafter.
(b) The rules of a political party may specify whether a precinctcommitteeman elected under subsection (a) continues to serve as aprecinct committeeman after the boundaries of the precinct arechanged by a precinct establishment order issued under IC 3-11-1.5.
As added by P.L.5-1989, SEC.34 and P.L.9-1989, SEC.4. Amendedby P.L.4-1996, SEC.36; P.L.122-2000, SEC.6; P.L.230-2005,SEC.33; P.L.164-2006, SEC.64.
IC 3-10-1-4.6
Election of precinct committeemen of Indiana Republican Party
Sec. 4.6. (a) This section applies to precinct committeemenelected by the Indiana Republican Party.
(b) Precinct committeemen shall be elected on the first Tuesdayafter the first Monday in May 2008 and every four (4) yearsthereafter.
(c) The rules of the Indiana Republican Party may specify whethera precinct committeeman elected under subsection (a) continues toserve as a precinct committeeman after the boundaries of the precinctare changed by a precinct establishment order issued underIC 3-11-1.5.
As added by P.L.164-2006, SEC.65.
IC 3-10-1-5
Noncontested races and unopposed candidates
Sec. 5. (a) Whenever there is no contest in a political party for thenomination of a candidate or candidates for an office, the party mayhold a primary election for that nomination. The appropriate electionboard shall certify the names of the candidates for each nominationfor which there is no contest as though a primary election had beenheld. However, except as provided in subsections (b) through (c), ifthere is a contest in any party for any nomination, the name of eachcandidate of each party shall be placed on the primary election ballot,whether or not the candidate is opposed.
(b) If the only contest in a political party is for the election of aprecinct committeeman or a delegate to the party's state convention,the names of unopposed candidates for nomination are not requiredto be placed on the primary election ballot unless the appointedmember of the county election board affiliated with the politicalparty files a written request that these names be printed on theprimary election ballot.
(c) The names of unopposed candidates for election as a precinctcommitteeman or a delegate to a political party's state convention are
not required to be placed on the primary election ballot unless anappointed member of the county election board affiliated with thepolitical party files a written request that these names be printed onthe primary election ballot.
(d) If a party wants to conduct a primary under subsection (c), anappointed member of the county election board affiliated with theparty must file a notice with the county election board not later thannoon seven (7) days after the final date for filing a declaration ofcandidacy, stating that the party will hold a primary.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.77;P.L.176-1999, SEC.55; P.L.9-2004, SEC.13.
IC 3-10-1-6
Eligible voters
Sec. 6. A voter may vote at a primary election:
(1) if the voter, at the last general election, voted for a majorityof the regular nominees of the political party holding theprimary election; or
(2) if the voter did not vote at the last general election, butintends to vote at the next general election for a majority of theregular nominees of the political party holding the primaryelection;
as long as the voter was registered as a voter at the last generalelection or has registered since then.
As added by P.L.5-1986, SEC.6.
IC 3-10-1-7
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-10-1-7.1
Copy of registration record and voter signatures; evidence of rightto vote
Sec. 7.1. (a) Each county election board shall furnish the inspectorof each precinct for use on primary election day a certified copyunder IC 3-7-29 of the list of all voters registered to vote in theprecinct.
(b) The county voter registration office may also provide theinspector of each precinct in the county a certified photocopy of thesignature on the affidavit or form of registration of each voter of theprecinct for the comparison of signatures under section 24.6 of thischapter.
(c) If the name of a person offering to vote at the primary is in theregistration record or listed in the certified copy prepared for theprecinct, it is sufficient evidence of the person's right to vote unlessthe person is challenged.
As added by P.L.209-2003, SEC.95. Amended by P.L.164-2006,SEC.66.
IC 3-10-1-7.2 Proof of identification; exception; failure to produce; challenge;provisional ballot
Sec. 7.2. (a) Except as provided in subsection (e), a voter whodesires to vote an official ballot at a primary election shall provideproof of identification.
(b) Except as provided in subsection (e), before the voter proceedsto vote in a primary election, a precinct election officer shall ask thevoter to provide proof of identification. The voter must produce theproof of identification before being permitted to sign the poll list.
(c) If:
(1) the voter is unable or declines to present the proof ofidentification; or
(2) a member of the precinct election board determines that theproof of identification presented by the voter does not qualifyas proof of identification under IC 3-5-2-40.5;
a member of the precinct election board shall challenge the voter asprescribed by IC 3-11-8.
(d) If the voter executes a challenged voter's affidavit undersection 9 of this chapter or IC 3-11-8-22.1, the voter may:
(1) sign the poll list; and
(2) receive a provisional ballot.
(e) A voter who votes in person at a precinct polling place that islocated at a state licensed care facility where the voter resides is notrequired to provide proof of identification before voting in a primaryelection.
As added by P.L.109-2005, SEC.2. Amended by P.L.164-2006,SEC.67; P.L.53-2009, SEC.1.
IC 3-10-1-8
Voter name not on registration record or certified copy; certificateof error; casting provisional ballot
Sec. 8. A person who will be a voter at the general election forwhich the primary is being held and whose name does not appear onthe registration record of the precinct or on the certified copy of theregistration record prepared under IC 3-7-29 may:
(1) vote if the county voter registration office provides a signedcertificate of error; or
(2) cast a provisional ballot under IC 3-11.7, as provided by 42U.S.C. 15482.
As added by P.L.5-1986, SEC.6. Amended by P.L.5-1989, SEC.36;P.L.7-1990, SEC.34; P.L.12-1995, SEC.61; P.L.3-1995, SEC.82;P.L.209-2003, SEC.96; P.L.164-2006, SEC.68.
IC 3-10-1-9
Challenging voter
Sec. 9. A voter in a precinct may challenge a voter or person whooffers to vote at a primary election. The challenged person may notvote unless the challenged person:
(1) is registered;
(2) makes: (A) an oral or a written affirmation under IC 3-10-12; or
(B) an affidavit:
(i) that the challenged person is a voter of the precinct; or
(ii) required under IC 3-10-11 if the voter declares that thevoter is entitled to vote under IC 3-10-11; and
(3) either:
(A) at the last general election voted for a majority of theregular nominees of the political party for whose candidatesthe challenged person proposes to vote in the primaryelection and intends to vote for the regular nominees of thepolitical party at the next general election; or
(B) if the challenged person did not vote at the last generalelection, intends to vote at the next general election for amajority of the regular nominees of the political partyholding the primary election.
As added by P.L.5-1986, SEC.6. Amended by P.L.17-1993, SEC.9;P.L.12-1995, SEC.62.
IC 3-10-1-10
Persons entitled to challenge voter
Sec. 10. Only a voter who is a member of the political party forwhose candidates a person is offering to vote at a primary electionmay challenge the person on the ground of party affiliation.
As added by P.L.5-1986, SEC.6.
IC 3-10-1-10.5
Challenged voter entitled to cast provisional ballot; exception
Sec. 10.5. (a) This section does not apply to a voter who ischallenged under section 10 of this chapter on the basis of partyaffiliation.
(b) In accordance with 42 U.S.C. 15482, a voter challenged underthis chapter is entitled to cast a provisional ballot under IC 3-11.7after executing the affidavit under section 9 of this chapter.
As added by P.L.209-2003, SEC.97. Amended by P.L.164-2006,SEC.69.
IC 3-10-1-11
Voting methods, supplies, and equipment
Sec. 11. The voting methods, supplies, and equipment to be usedat a primary election are the same as those prescribed by IC 3-11 asfar as applicable and when consistent with this chapter.
As added by P.L.5-1986, SEC.6.
IC 3-10-1-12
Preparation and distribution of ballots
Sec. 12. (a) In those precincts where ballot card voting systemsare to be used, each county election board shall prepare anddistribute separate primary ballots for each political partyparticipating in a primary election at least equal in number to onehundred percent (100%) of the number of votes cast for the candidate
of the party who received the greatest number of votes cast in theprecinct at the last general election.
(b) In those precincts where electronic voting systems are to beused, the board shall determine the number of ballots required to beprinted and furnished to the precincts for emergency purposes only.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.151;P.L.230-2005, SEC.34.
IC 3-10-1-13
Specifications for ballots
Sec. 13. (a) The primary election paper ballots, ballot cards, andballot labels of each political party must be of uniform size and ofthe same quality paper as the paper ballots, ballot cards, and ballotlabels used at the general election.
(b) The paper ballots and ballot cards must be distinctivelymarked or be of a different color so that the ballots of each party areeasily distinguishable.
(c) This subsection applies to all voting systems. All thecandidates representing one (1) party shall be placed on one (1)ticket with the name of the party placed at the top or beginning of theballot in the form prescribed by section 19 of this chapter.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.152;P.L.66-2003, SEC.28; P.L.58-2005, SEC.3.
IC 3-10-1-14
Repealed
(Repealed by P.L.14-2004, SEC.194.)
IC 3-10-1-14.1
Printing names on ballot
Sec. 14.1. (a) All the candidates for each office who havequalified in the manner prescribed by IC 3-8 for placement on theprimary election ballot shall be grouped together under the name ofthe office and printed in type with uniform capital letters, withuniform space between each name. At the head of each group whereonly one (1) candidate for each group is to be voted for, the words"vote for one (1) only" shall be printed. If more than one (1)candidate in a group is to be voted for, the number to be voted forshall be specified at the head of the group.
(b) This subsection does not apply to a candidate for a politicalparty office. A candidate's given name and surname as set forth in thecandidate's voter registration record shall be printed in full.
(c) In addition to the candidate's given name and surname, thecandidate may use:
(1) initials; or
(2) a nickname by which the candidate is commonly known;
if the candidate's choice of initials or nickname does not exceedtwenty (20) characters. Any nickname used must appear inparentheses between the candidate's given name and the candidate'ssurname. (d) A candidate may not use a designation such as a title or degreeor a nickname that implies a title or degree.
(e) A candidate's name must be printed on the ballot exactly as thename appears on the candidate's certificate of nomination, petition ofnomination, or declaration of candidacy.
As added by P.L.14-2004, SEC.75.
IC 3-10-1-15
Separate ticket for each political party; placement of names underoffice designation
Sec. 15. (a) Each political party holding a primary election shallhave a separate ticket, either in printed ballot form as prescribed bysections 13 and 14.1 of this chapter, or on separate ballot cards orballot labels.
(b) Except as provided in subsection (c), the name of eachcandidate who has qualified under IC 3-8 shall be placed on theballot under a designation of the office for which the person is acandidate.
(c) This subsection applies to an optical scan ballot card votingsystem that does not list the name of a candidate on the ballot card.The name of each candidate who has qualified under IC 3-8 shall beplaced on the ballot and indicated by reference to a number printedon the optical scan ballot card.
(d) The name of a candidate may not appear on the ballot of morethan one (1) party for the same office.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.153;P.L.14-2004, SEC.76; P.L.58-2005, SEC.4; P.L.164-2006, SEC.70.
IC 3-10-1-16
Number of candidates for whom each person may vote
Sec. 16. At a primary election a voter may vote for as manycandidates for each office as there are persons to be elected to thatoffice at the general election, except as provided in IC 33-33-49-13for candidates for judge of the Marion superior court.
As added by P.L.5-1986, SEC.6. Amended by P.L.16-1995, SEC.1;P.L.98-2004, SEC.33.
IC 3-10-1-17
Colored ballot labels; party designation
Sec. 17. Political parties may be distinguished in a primaryelection by the use of different color paper ballots, ballot cards, orballot labels. The party name shall be placed before the list ofcandidates of the party.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.154;P.L.176-1999, SEC.57; P.L.58-2005, SEC.5.
IC 3-10-1-18
Order of names on ballot; counties with population over 400,000but less than 700,000 Sec. 18. (a) Except as provided by subsection (b), the names of allcandidates for each office who have qualified under IC 3-8 shall bearranged in alphabetical order by surnames under the designation ofthe office.
(b) This subsection applies to a county having a population ofmore than four hundred thousand (400,000) but less than sevenhundred thousand (700,000). The names of all candidates for eachoffice who have qualified under IC 3-8, except for a school boardoffice, precinct committeeman, or state convention delegate, shall bearranged in random order by surnames under the designation of theoffice. The random order shall be determined using a lottery. Thelottery held in accordance with this subsection shall be conducted inpublic by the county election board. The lottery shall be held notlater than fifteen (15) days following the last day for a declaration ofcandidacy under IC 3-8-2-4. All candidates whose names are to bearranged by way of the lottery shall be notified at least five (5) daysprior to the lottery of the time and place at which the lottery is to beheld. Each candidate may have one (1) designated watcher, and eachcounty political party may have one (1) designated watcher who shallbe allowed to observe the lottery procedure.
(c) For paper ballots, the left margin of the ballot for eachpolitical party must show the name of the uppermost candidateprinted to the right of the number 1, the next candidate number 2, thenext candidate number 3, and so on, consecutively to the end of theballot as prescribed in section 19 of this chapter. The same ordershall be followed for the printing of ballot labels and their placementon the electronic voting system and for the printing of ballot cards.
(d) This subsection applies to a county having a population ofmore than four hundred thousand (400,000) but less than sevenhundred thousand (700,000). If there is insufficient room on a row tolist each candidate of a political party, a second or subsequent rowmay be utilized. However, a second or subsequent row may not beutilized unless the first row, and all preceding rows, have been filled.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.155;P.L.7-1991, SEC.2; P.L.12-1992, SEC.6; P.L.1-1993, SEC.6;P.L.5-1994, SEC.1; P.L.221-2005, SEC.28.
IC 3-10-1-19
Form of ballot and public questions; order of offices and publicquestions on ballot
Sec. 19. (a) The ballot for a primary election shall be printed insubstantially the following form for all the offices for whichcandidates have qualified under IC 3-8:
OFFICIAL PRIMARY BALLOT
_________________ Party
For paper ballots, print: To vote for a person, make a voting mark(X or .) on or in the box before the person's name in the propercolumn. For optical scan ballots, print: To vote for a person, darkenor shade in the circle, oval, or square (or draw a line to connect thearrow) that precedes the person's name in the proper column. For
optical scan ballots that do not contain a candidate's name, print: Tovote for a person, darken or shade in the oval that precedes thenumber assigned to the person's name in the proper column. Forelectronic voting systems, print: To vote for a person, touch thescreen (or press the button) in the location indicated.
Vote for one (1) only
Representative in Congress
[] (1) AB __________
[] (2) CD __________
[] (3) EF __________
[] (4) GH __________
(b) The offices with candidates for nomination shall be placed onthe primary election ballot in the following order:
(1) Federal and state offices:
(A) President of the United States.
(B) United States Senator.
(C) Governor.
(D) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specifiedunder IC 33, with each division separate if there is more thanone (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwisespecified under IC 33, with each division separate if there ismore than one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Judge of the county court, with each division separate,as required by IC 33-30-3-3.
(E) Prosecuting attorney.
(F) Circuit court clerk.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to inIC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court. (6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common councilmember.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(c) The political party offices with candidates for election shall beplaced on the primary election ballot in the following order after theoffices described in subsection (b):
(1) Precinct committeeman.
(2) State convention delegate.
(d) The following offices and public questions shall be placed onthe primary election ballot in the following order after the officesdescribed in subsection (c):
(1) School board offices to be elected at the primary election.
(2) Other local offices to be elected at the primary election.
(3) Local public questions.
(e) The offices and public questions described in subsection (d)shall be placed:
(1) in a separate column on the ballot if voting is by paperballot;
(2) after the offices described in subsection (c) in the formspecified in IC 3-11-13-11 if voting is by ballot card; or
(3) either:
(A) on a separate screen for each office or public question;or
(B) after the offices described in subsection (c) in the formspecified in IC 3-11-14-3.5;
if voting is by an electronic voting system.
(f) A public question shall be placed on the primary electionballot in the following form:
(The explanatory text for the public question,
if required by law.)
"Shall (insert public question)?"
[] YES
[] NO
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.156;P.L.8-1989, SEC.5; P.L.4-1991, SEC.51; P.L.3-1997, SEC.216;P.L.98-2004, SEC.34; P.L.58-2005, SEC.6; P.L.221-2005, SEC.29;P.L.164-2006, SEC.71; P.L.146-2008, SEC.4.
IC 3-10-1-19.2
Order of districts and candidates on ballot
Sec. 19.2. (a) Whenever candidates are to be nominated for anoffice that includes more than one (1) district, the districts shall be
placed on the ballot in alphabetical or numerical order, according tothe designation given to the district.
(b) Whenever candidates are to be nominated for an office thatincludes both an at-large member and a member representing adistrict, the candidates seeking nomination as an at-large membershall be placed on the ballot before candidates seeking nominationto represent a district.
(c) This subsection applies to a school board office or politicaloffice to be elected at the primary election ballot. Candidates for aschool board office or a political party office shall be placed on theballot in accordance with the rules applicable to candidates fornomination to an office under subsections (a) and (b).
As added by P.L.4-1996, SEC.37.
IC 3-10-1-19.5
Alternative order of county offices
Sec. 19.5. Notwithstanding section 19 of this chapter, the countyelection board may alter the prescribed ballot order to place thenames of the candidates for the following offices before the namesof the candidates for county judicial offices:
(1) Prosecuting attorney.
(2) Clerk of the circuit court.
(3) The county offices listed in section 19(b)(4) of this chapter.
As added by P.L.4-1991, SEC.52. Amended by P.L.1-2009, SEC.2.
IC 3-10-1-19.7
Certain information not required on ballot
Sec. 19.7. The ballot for a primary election is not required tocontain the information set forth under IC 3-11-2-10, IC 3-11-13-11,or IC 3-11-14-3.5 concerning:
(1) write-in voting; or
(2) independent candidates or independent tickets (described inIC 3-11-2-6);
except when an office for which write-in candidates or independentcandidates or independent tickets (described in IC 3-11-2-6) arepermitted is elected at the same time as the primary election.
As added by P.L.3-1995, SEC.84. Amended by P.L.58-2005, SEC.7.
IC 3-10-1-20
Repealed
(Repealed by P.L.3-1995, SEC.156.)
IC 3-10-1-21
Sample ballots
Sec. 21. The official sample ballots for a primary election shall beprinted from the first or official form of ballot only.
As added by P.L.5-1986, SEC.6.
IC 3-10-1-22
Repealed (Repealed by P.L.3-1987, SEC.570.)
IC 3-10-1-23
Voting systems in county having a city
Sec. 23. In a primary election in a county having a city, ballot cardvoting systems and electronic voting systems shall be employed asavailable and adaptable and shall be supplemented by paper ballotsas necessary. However, this section does not require the purchase ofballot card voting systems or electronic voting systems for a primaryelection.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.157;P.L.221-2005, SEC.30.
IC 3-10-1-24
Voter to give information; signing poll list
Sec. 24. (a) A voter who desires to vote must give the voter'sname and political party to the poll clerks of the precinct on primaryelection day. The poll clerks shall require the voter to write thefollowing on the poll list:
(1) The voter's name.
(2) Except as provided in subsection (d), the voter's currentresidence address.
(3) The name of the voter's party.
(b) The poll clerks shall:
(1) ask the voter to provide or update the voter's voteridentification number;
(2) tell the voter the number the voter may use as a voteridentification number; and
(3) explain to the voter that the voter is not required to providea voter identification number at the polls.
(c) If the voter is unable to sign the voter's name, the voter mustsign the poll list by mark, which must be witnessed by one (1) of thepoll clerks or assistant poll clerks acting under IC 3-6-6, who shallplace the poll clerk's or assistant poll clerk's initials after or under themark.
(d) Each line on a poll list sheet provided to take a voter's currentresidence address must include a box under the heading "AddressUnchanged" so that a voter whose residence address shown on thepoll list is the voter's current residence address may check the boxinstead of writing the voter's current residence address on the polllist.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.158;P.L.5-1989, SEC.37; P.L.199-2001, SEC.18; P.L.209-2003, SEC.98;P.L.2-2004, SEC.1; P.L.164-2006, SEC.72.
IC 3-10-1-24.5
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-10-1-24.6 Voter identity check; comparison of signatures
Sec. 24.6. (a) In case of doubt concerning a voter's identity, theprecinct election board shall compare the voter's signature with thesignature on the affidavit of registration or any certified copy of thesignature provided under section 7.1 of this chapter. If the boarddetermines that the voter's signature is authentic, the voter may thenvote.
(b) If either poll clerk doubts the voter's identity following thecomparison of the signatures, the poll clerk shall challenge the voterin the manner prescribed by IC 3-11-8. If the poll clerk does notexecute a challenger's affidavit under IC 3-11-8-21 or if the voterexecutes a challenged voter's affidavit under IC 3-11-8-22.1, thevoter may then vote.
As added by P.L.209-2003, SEC.100. Amended by P.L.164-2006,SEC.73.
IC 3-10-1-25
Paper ballots or ballot card system; procedures
Sec. 25. (a) If paper ballots are used in a precinct, one (1) of thepoll clerks or assistant poll clerks shall deliver to a voter one (1) ofthe voter's political party ballots and a pencil after the voter signs thepoll list. The voter shall take the ballot and pencil into an electionbooth and mark the ballot within the time provided underIC 3-11-11-10.5.
(b) If a ballot card voting system is used in a precinct, one (1) ofthe poll clerks or assistant poll clerks shall deliver to a voter one (1)of the voter's political party ballot cards and instructions on how tooperate the ballot card system as described in IC 3-11-13-29 andIC 3-11-13-30. The voter shall take the ballot card into the votingbooth and mark the ballot within the time provided underIC 3-11-13-32.5.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.160;P.L.5-1989, SEC.39.
IC 3-10-1-26
Paper ballots; folding; delivery to inspector
Sec. 26. (a) This section applies only to paper ballots.
(b) After marking a paper ballot, a voter shall fold each ballotseparately in a manner that its face will be concealed and the initialsof the poll clerks or assistant poll clerks seen.
(c) After leaving the booth, a voter shall return the pencil to a pollclerk or assistant poll clerk and display the initials on each ballot tothe inspector.
(d) If a voter offers to vote a ballot folded so that it does notdisclose the initials of the poll clerks or assistant poll clerks whilealso not disclosing the face of the ballot, the precinct election boardshall direct the voter to return to the booth and fold the ballotproperly.
(e) After properly displaying the initials on the ballot, the voterthen shall: (1) deposit the ballot in the ballot box; or
(2) at the voter's option return the ballot to the inspector, whoshall deposit it in the ballot box.
(f) The poll clerk or assistant poll clerk shall then place a votingmark opposite the voter's name on the poll list. The voter then shallleave the polls.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.161;P.L.58-2005, SEC.8.
IC 3-10-1-27
Party identification card receipt; voting time limits
Sec. 27. If electronic voting systems are used in a precinct, one (1)of the poll clerks shall give a printed political party identificationcard to a voter after the voter signs the poll list. Before entering thevoting booth, the voter must give the party identification card to ajudge, and the judge shall set or have the electronic voting system setto allow the voter to vote only for the candidates of the voter's party.After the system is set, the voter may register a vote upon it withinthe time provided under IC 3-11-14-26.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.162;P.L.221-2005, SEC.31.
IC 3-10-1-28
Depositing and counting party identification cards
Sec. 28. After setting the electronic voting system, the judge shallimmediately deposit the political party identification card in a sealedcontainer provided for that purpose. After the polls have closed, allparty identification cards shall be counted and compared with thetotal number of votes cast in the election. All party identificationcards must be of durable quality and the same color irrespective ofthe party that is designated.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.163;P.L.221-2005, SEC.32.
IC 3-10-1-28.5
Ballot card voting system; procedures
Sec. 28.5. (a) If a ballot card voting system is used in a precinct,after a voter has marked a ballot card the voter shall place it insidethe envelope provided for this purpose and return it to the judge.
(b) The judge shall remove the stub from the ballot card. Thissubsection does not apply to an optical scan voting system.
(c) The judge shall then offer to return the envelope with theballot card inside to the voter. The voter shall:
(1) accept the envelope and deposit it with the ballot card insideinto the ballot box; or
(2) decline the envelope and require the judge to deposit it inthe ballot box.
(d) The voter then shall leave the polls.
As added by P.L.3-1987, SEC.164. Amended by P.L.38-1999,SEC.32; P.L.176-1999, SEC.58; P.L.239-2001, SEC.6.
IC 3-10-1-29
Canvass of votes
Sec. 29. The canvass of votes cast in a primary election shall, asfar as applicable, be made in the same manner and by the sameofficers as the canvass at a general election. The tally sheet uponwhich the count has been entered shall be included in the returns ofthe election. Each precinct election board shall, on blanks providedfor that purpose, make full and accurate returns of the votes cast foreach candidate and on each public question unless votes were cast ona ballot card voting system that is not designed to allow the countingand tabulation of votes by the precinct election board. The boardshall set forth in the return, opposite the name of each candidate andpublic question, the number of votes cast for the candidate and for oragainst each public question. The tabular statement must contain thefollowing information, with the names of candidates and publicquestions arranged in the order in which they appear upon theofficial ballot:
(1) The name of the precinct.
(2) The name of the township (or ward).
(3) The name of the county.
(4) The name of the party of the candidates for Representativein Congress.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.165;P.L.10-1988, SEC.78; P.L.1-1993, SEC.7; P.L.3-1995, SEC.85.
IC 3-10-1-30
Mutilated and unvoted ballots or ballot cards; counting, sealingand labeling
Sec. 30. (a) At the close of the polls and before counting thevotes, each precinct election board shall count all mutilated andunvoted paper ballots and ballot cards of each political party, placethem in separate bags, and seal them. The number of unvoted ballotsshall be marked on the outside of the bags.
(b) If a ballot card voting system was used in a precinct, theprecinct election board shall comply with IC 3-12-3-2.
(c) At the close of the count the board shall place all voted paperballots of each party in separate bags, sealed and properly labeled,showing the number of paper ballots they contain and the numbervoted but not counted.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.166.
IC 3-10-1-31
Applicability; delivery of ballots; election materials; preservation;unsealing poll lists for addition, cancellation, or transfer ofregistration; destruction of ballots
Sec. 31. (a) This section applies to election materials for electionsheld before January 1, 2004.
(b) The inspector of each precinct shall deliver the bags requiredby section 30(a) and 30(c) of this chapter in good condition, together
with poll lists, tally sheets, and other forms, to the circuit court clerkwhen making returns.
(c) Except for unused ballots disposed of under IC 3-11-3-31, thecircuit court clerk shall carefully preserve the ballots and othermaterial and keep all seals intact for twenty-two (22) months, asrequired by 42 U.S.C. 1974, after which they may be destroyedunless:
(1) an order issued under IC 3-12-6-19 or IC 3-12-11-16; or
(2) 42 U.S.C. 1973;
requires the continued preservation of the ballots or other material.
(d) This subsection applies before January 1, 2006. Upon deliveryof the poll lists, the county voter registration office may unseal theenvelopes containing the poll lists. For the purposes of:
(1) a cancellation of registration conducted under IC 3-7-43through IC 3-7-46;
(2) a transfer of registration conducted under IC 3-7-39,IC 3-7-40, or IC 3-7-42;
(3) adding the registration of a voter under IC 3-7-48-8; or
(4) recording that a voter subject to IC 3-7-33-4.5 submitted thedocumentation required under 42 U.S.C. 15483 and IC 3-11-8or IC 3-11-10;
the county voter registration office may inspect the poll lists andupdate the registration record of the county. The county voterregistration office shall use the poll lists to update the registrationrecord to include the voter's voter identification number if the voter'svoter identification number is not already included in the registrationrecord. Upon completion of the inspection, the poll list shall beresealed and preserved with the ballots and other materials for thetime period prescribed by subsection (c).
(e) This subsection applies after December 31, 2005. Upondelivery of the poll lists, the county voter registration office mayunseal the envelopes containing the poll lists. For purposes of:
(1) a cancellation of registration conducted under IC 3-7-43through IC 3-7-46; or
(2) a transfer of registration conducted under IC 3-7-39,IC 3-7-40, or IC 3-7-42;
the county voter registration office may inspect the poll lists andupdate the registration record of the county. The county voterregistration office shall use the poll lists to update the registrationrecord to include the voter's current voter identification number if thevoter's voter identification number is not included in the registrationrecord. Upon completion of the inspection, the poll list shall beresealed and preserved with the ballots and other materials for thetime period prescribed by subsection (c).
(f) After the expiration of the period described in subsection (c),the ballots may be destroyed in the manner provided by IC 3-11-3-31or transferred to a state educational institution as provided byIC 3-12-2-12.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.167;P.L.10-1988, SEC.79; P.L.3-1993, SEC.93; P.L.12-1995, SEC.64;
P.L.4-1996, SEC.38; P.L.199-2001, SEC.19; P.L.66-2003, SEC.29;P.L.209-2003, SEC.101; P.L.97-2004, SEC.4; P.L.14-2004, SEC.77.
IC 3-10-1-31.1
Applicability; delivery, retention, and disposal of electionmaterials; use of poll lists to update voter registration record;confidentiality of materials
Sec. 31.1. (a) This section applies only to election materials forelections held after December 31, 2003.
(b) The inspector of each precinct shall deliver the bags requiredby section 30(a) and 30(c) of this chapter in good condition, togetherwith poll lists, tally sheets, and other forms, to the circuit court clerkwhen making returns.
(c) Except for unused ballots disposed of under IC 3-11-3-31 oraffidavits received by the county election board under IC 3-14-5-2for delivery to the foreman of a grand jury, the circuit court clerkshall seal the ballots and other material during the time allowed tofile a verified petition or cross-petition for a recount of votes or tocontest the election. Except as provided in subsection (d), after therecount or contest filing period, the election material (except forballots, which remain confidential) shall be made available forcopying and inspection under IC 5-14-3. The circuit court clerk shallcarefully preserve the sealed ballots and other material fortwenty-two (22) months, as required by 42 U.S.C. 1974, after whichthe sealed ballots and other material are subject to IC 5-15-6 unlessan order issued under:
(1) IC 3-12-6-19 or IC 3-12-11-16; or
(2) 42 U.S.C. 1973;
requires the continued preservation of the ballots or other material.
(d) If a petition for a recount or contest is filed, the material forthat election remains confidential until completion of the recount orcontest.
(e) Upon delivery of the poll lists, the county voter registrationoffice may unseal the envelopes containing the poll lists. For thepurposes of:
(1) a cancellation of registration conducted under IC 3-7-43through IC 3-7-46;
(2) a transfer of registration conducted under IC 3-7-39,IC 3-7-40, or IC 3-7-42;
(3) a change of name made under IC 3-7-41;
(4) adding the registration of a voter under IC 3-7-48-8; or
(5) recording that a voter subject to IC 3-7-33-4.5 submitted thedocumentation required under 42 U.S.C. 15483 and IC 3-11-8or IC 3-11-10;
the county voter registration office may inspect the poll lists andupdate the registration record of the county. The county voterregistration office shall use the poll lists to update the registrationrecord to include the voter's voter identification number if the voter'svoter identification number is not already included in the registrationrecord. Upon completion of the inspection, the poll list shall be
preserved with the ballots and other materials in the mannerprescribed by subsection (c) for the period prescribed by subsections(c) and (d).
(f) This subsection does not apply to ballots. Notwithstandingsubsection (c), if a county voter registration office determines thatthe inspection and copying of precinct election material would revealthe political parties, candidates, and public questions for which anindividual cast an absentee ballot, the county voter registration officeshall keep confidential only that part of the election materialnecessary to protect the secrecy of the voter's ballot.
(g) After the expiration of the period described in subsection (c)or (d), the ballots may be destroyed in the manner provided byIC 3-11-3-31 or transferred to a state educational institution asprovided by IC 3-12-2-12.
As added by P.L.14-2004, SEC.78. Amended by P.L.230-2005,SEC.35.
IC 3-10-1-32
Returns
Sec. 32. Primary election returns must contain the whole numberof votes cast for:
(1) each candidate of each political party;
(2) each public question voted on at the primary election; and
(3) each candidate for election to a school board office orpolitical party office.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.80.
IC 3-10-1-33
Duplicate copy of returns; transmission to election division
Sec. 33. (a) The county election board shall also make anadditional duplicate showing the votes cast for each candidaterequired to file a declaration of candidacy with the election divisionunder IC 3-8-2.
(b) The circuit court clerk shall, not later than noon on the secondMonday following the primary election, send to the election divisionby certified mail or hand deliver to the election division one (1)complete copy of all returns for these candidates.
(c) The circuit court clerk may send the document described insubsection (b) using the computerized list established underIC 3-7-26.3. A document sent under this subsection complies withany requirement for the document to be certified or sealed.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.168;P.L.3-1993, SEC.94; P.L.3-1997, SEC.217; P.L.176-1999, SEC.59;P.L.221-2005, SEC.33; P.L.164-2006, SEC.74.
IC 3-10-1-34
Canvass of votes by election division
Sec. 34. The election division, not later than noon:
(1) on the date for correcting an error under IC 3-12-5-14; or (2) seven (7) days after receipt of the final recount certificatetransmitted under IC 3-12-6-31 or IC 3-12-11-18;
whichever occurs later, shall canvass the votes cast for candidatesrequired to file a declaration of candidacy with the election divisionunder IC 3-8-2 and tabulate the result as provided in IC 3-12.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.81;P.L.3-1997, SEC.218; P.L.176-1999, SEC.60; P.L.66-2003, SEC.30.
IC 3-10-1-35
Publication of notices
Sec. 35. Each notice required for a primary election shall bepublished in accordance with IC 5-3-1.
As added by P.L.5-1986, SEC.6.