IC 3-10-12
    Chapter 12. Special Procedures for Certain Indiana Voters to Votein Precinct of Former Residence Under NVRA

IC 3-10-12-1
Purpose of chapter
    Sec. 1. This chapter:
        (1) prescribes the procedure for certain voters to cast ballotsunder 42 U.S.C. 1973gg-6(e)(2) in a precinct where the voterformerly resided; and
        (2) is enacted to implement Article 2, Section 2(c) of theConstitution of the State of Indiana.
As added by P.L.12-1995, SEC.70. Amended by P.L.176-1999,SEC.64.

IC 3-10-12-2
Applicability of chapter
    Sec. 2. This chapter applies to a general, municipal, primary,school district, and special election.
As added by P.L.12-1995, SEC.70.

IC 3-10-12-3
Repealed
    (Repealed by P.L.230-2005, SEC.91.)

IC 3-10-12-3.4
Voter who changes residence voting in municipal election
    Sec. 3.4. (a) This section applies to a voter who:
        (1) changes residence from a precinct in a county to anotherprecinct:
            (A) in the same county; and
            (B) in the same congressional district;
        as the former precinct; and
        (2) does not notify the county voter registration office of thechange of address before election day.
    (b) A voter described by subsection (a) may:
        (1) correct the voter registration record; and
        (2) vote in the precinct where the voter formerly resided;
if the voter makes an oral affirmation as described in subsection (e)or a written affirmation as described in section 4 of this chapter ofthe voter's current residence address.
    (c) A voter who moved outside of a municipality may not returnto the precinct where the voter formerly resided to vote in amunicipal election.
    (d) A voter who moved from a location outside a municipality toa location within a municipality within thirty (30) days before a:
        (1) municipal primary election;
        (2) municipal election; or
        (3) special election held only within the municipality;
may not vote in the election in the precinct of the person's former

residence.
    (e) A voter entitled to make a written affirmation under subsection(b) may make an oral affirmation. The voter must make the oralaffirmation before the poll clerks of the precinct. After the votermakes an oral affirmation under this subsection, the poll clerks shall:
        (1) reduce the substance of the affirmation to writing at anappropriate location on the poll list; and
        (2) initial the affirmation.
As added by P.L.230-2005, SEC.47.

IC 3-10-12-3.5
Affirmation must include voter identification number
    Sec. 3.5. The written affirmation described in section 3.4 of thischapter must include the person's voter identification number topermit transfer of the registration under IC 3-7-13-13.
As added by P.L.209-2003, SEC.104. Amended by P.L.230-2005,SEC.48; P.L.164-2006, SEC.80.

IC 3-10-12-4
Execution of written affirmation
    Sec. 4. (a) The written affirmation described in section 3.4 of thischapter may be executed as follows:
        (1) At the county voter registration office for the county of theprecinct of the person's former residence, not later than 4 p.m.on the day before the election.
        (2) Before the inspector of the precinct of the person's formerresidence, if the application and statement are executed on theday of the election.
        (3) When the application for an absentee ballot is filed with thecounty election board of the county of the precinct of theperson's former residence.
    (b) If the person executes the affidavit under this section at thecounty voter registration office before the day of the election, theoffice shall furnish a copy of the affirmation to the person. Theperson shall present the copy to the inspector of the precinct of theperson's former residence when the person offers to vote in thatprecinct under IC 3-11-8.
    (c) If the person executes the affirmation under this section whenfiling an application for an absentee ballot, the county election boardshall attach the original or a copy of the affirmation to the person'sapplication for an absentee ballot before the application and ballotare delivered to the inspector of the precinct of the person's formerresidence.
    (d) If the person executes the affirmation under this section beforethe inspector of the precinct of the person's former residence on theday of the election, the inspector shall return the original affirmationto the county election board. The county election board shall forwardthe affidavit to the county voter registration office after the closingof the polls.
As added by P.L.3-1995, SEC.93. Amended by P.L.230-2005,

SEC.49.

IC 3-10-12-5
Voter making affirmation challenged as ineligible; provisionalballot; sufficiency of affidavit
    Sec. 5. If a voter makes an oral or a written affirmation under thischapter and is then challenged under IC 3-10-1 or IC 3-11-8 asineligible to vote in the precinct, the voter shall be provided with aprovisional ballot under IC 3-11.7 rather than a regular officialballot. The oral or written affirmation made under this chapter servesas a sufficient affidavit for the voter to receive a provisional ballotunder IC 3-11.7.
As added by P.L.164-2006, SEC.81.