CHAPTER 10. SPECIAL PROCEDURES FOR PRESIDENTIAL ELECTIONS
IC 3-10-10
Chapter 10. Special Procedures for Presidential Elections
IC 3-10-10-1
Purpose of chapter
Sec. 1. This chapter is enacted to implement 42 U.S.C. 1973aaconcerning voting for President and Vice President of the UnitedStates.
As added by P.L.12-1995, SEC.68.
IC 3-10-10-2
Applicability of chapter
Sec. 2. Notwithstanding other provisions in IC 3-7 concerningresidency requirements for voting, special procedures apply forvoting in presidential elections. The presidential voting proceduresin this chapter apply only to a general election at which electors forPresident and Vice President of the United States are voted upon.
As added by P.L.12-1995, SEC.68.
IC 3-10-10-3
Conditions for applicability of voting procedures
Sec. 3. The presidential voting procedures in this chapter apply toa person who satisfies all of the following conditions:
(1) The person resided in a precinct in Indiana.
(2) The person lost residency in Indiana within the thirty (30)days immediately before the general election.
(3) The person was a qualified and registered voter while aresident of that precinct.
(4) The person is otherwise legally qualified to vote.
(5) The person does not meet the residency requirements of thestate, precinct, or political subdivision in which the personresides.
As added by P.L.12-1995, SEC.68.
IC 3-10-10-4
Affidavit; execution
Sec. 4. (a) The affidavit required under this chapter for voting inpresidential elections may be executed only:
(1) at the office of the circuit court clerk or board of registrationbefore the day of the general election;
(2) before the precinct election board of the precinct where theperson formerly resided, if the affidavit is executed on the dayof the general election; or
(3) when the application for an absentee ballot is filed.
(b) In years in which a presidential election is conducted, at leastone (1) copy of the affidavit must be included in the materialprovided for the inspector of each precinct.
As added by P.L.12-1995, SEC.68.
IC 3-10-10-5 Affidavit; copy to voter
Sec. 5. The circuit court clerk or board of registration shall maila copy of the affidavit to any voter who requests a copy not later thanfive (5) days before election day. If the voter returns the affidavit tothe office of the clerk or board before the day of the general election,the affidavit shall be processed as if the affidavit had been executedin the office.
As added by P.L.12-1995, SEC.68.
IC 3-10-10-6
Affidavits, forms, and records to be marked for presidentialelection only
Sec. 6. All affidavits, forms, and records of voter registration mustbe clearly marked to indicate that, in this general election, the votermay only vote for electors for President and Vice President of theUnited States.
As added by P.L.12-1995, SEC.68.
IC 3-10-10-7
Affidavit; required information
Sec. 7. The affidavits for presidential voting under this chaptermust contain the following information:
(1) The person's last, first, and middle name, in that order.
(2) The person's assigned identification number.
(3) The person's birthplace and date of birth.
(4) Whether the person is a citizen of the United States.
(5) The person's present residence address.
(6) The address of the person's previous residence in Indiana,including the county.
(7) The person's statement that the person satisfies theconditions set forth in section 3 of this chapter.
As added by P.L.12-1995, SEC.68.
IC 3-10-10-8
Affidavit; form
Sec. 8. The commission shall prescribe the form of the affidavitrequired by this chapter.
As added by P.L.12-1995, SEC.68. Amended by P.L.2-1996,SEC.124.
IC 3-10-10-9
Voter executing affidavit challenged as ineligible; provisionalballot; sufficiency of affidavit
Sec. 9. If a voter executes an affidavit under this chapter and isthen challenged under IC 3-11-8 as ineligible to vote in the precinct,the voter shall be provided with a provisional ballot under IC 3-11.7rather than a regular official ballot. The affidavit executed under thischapter serves as a sufficient affidavit for the voter to receive aprovisional ballot under IC 3-11.7.
As added by P.L.164-2006, SEC.77.