CHAPTER 4. PRESIDENTIAL ELECTIONS
IC 3-10-4
Chapter 4. Presidential Elections
IC 3-10-4-1
Names on ballot
Sec. 1. (a) The names of the candidates of:
(1) a political party;
(2) a group of petitioners under IC 3-8-6; or
(3) a write-in candidate for the office of President or VicePresident of the United States under IC 3-8-2-2.5;
for electors of President and Vice President of the United States maynot be placed on the ballot.
(b) The names of the nominees for President and Vice Presidentof the United States of each political party or group of petitionersshall be placed:
(1) in one (1) column on the ballot if paper ballots are used;
(2) either:
(A) grouped together on a separate screen; or
(B) grouped together below the names of the offices asspecified in IC 3-11-14-3.5;
if an electronic voting system is used; or
(3) grouped together below the names of the offices as specifiedin IC 3-11-13-11 if a ballot card is used.
(c) The ballot must permit a voter to cast a ballot for a write-incandidate for the office of President or Vice President of the UnitedStates in the manner provided under IC 3-11-2-6.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.171;P.L.10-1992, SEC.16; P.L.58-2005, SEC.9; P.L.230-2005, SEC.41;P.L.1-2006, SEC.4.
IC 3-10-4-2
Paper ballots; listing of political party and other information
Sec. 2. (a) This section applies when paper ballots are used.
(b) A single square shall be printed in front of a bracket enclosingthe names of the nominees for President and Vice President of theUnited States on the left margin of each separate column of theballot, immediately opposite the names of the nominees.
(c) The device named and list of nominees of the political partywhose nominee received the highest number of votes in that countyfor secretary of state at the last election shall be placed in the firstcolumn on the left side of the ballot. The political party whosenominee received the second highest number of votes in that countyfor secretary of state at the last election shall be placed in the secondcolumn. Other political parties shall be placed on the ballot in thesame order.
(d) If a political party or an independent ticket did not have acandidate for secretary of state in the last election, the party or ticketshall be placed on the ballot after the parties described in subsection(c). If more than one (1) political party or independent ticket that hasqualified to be on the ballot did not have a candidate for secretary of
state in the last election, each party or independent ticket shall belisted on the ballot in the order in which the party or independentticket filed a petition of nomination under IC 3-8-6-12.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.172;P.L.3-1993, SEC.96; P.L.58-2005, SEC.10.
IC 3-10-4-2.1
Optical scan ballot card; listing of nominees for President and VicePresident of the United States
Sec. 2.1. (a) This section applies when an optical scan ballot cardis used.
(b) The names of the nominees for President and Vice Presidentof the United States for each political party or group of petitionersgrouped as described in section 1(b)(4) of this chapter must be:
(1) listed together so that a voter is aware that the voter votesfor both offices with a single vote; and
(2) printed behind or beside a single connectable arrow, oval,circle, or square.
(c) The nominees for President and Vice President of the UnitedStates must be grouped under the names of the offices in the orderestablished by IC 3-11-13-11.
As added by P.L.58-2005, SEC.11.
IC 3-10-4-2.2
Electronic voting system; listing of nominees for President andVice President of the United States
Sec. 2.2. (a) This section applies when an electronic voting systemis used.
(b) The names of the nominees for President and Vice Presidentof the United States for each political party or group of petitionersgrouped as described in section 1(b)(3) of this chapter must be:
(1) listed together so that a voter is aware that the voter votesfor both offices with a single vote; and
(2) behind or beside a single touch sensitive point or buttonplace.
(c) The nominees for President and Vice President of the UnitedStates must be grouped under the names of the offices in the orderestablished by IC 3-11-14-3.5.
As added by P.L.58-2005, SEC.12.
IC 3-10-4-3
Ballots or voting machine labels
Sec. 3. The device, title, and names of nominees appearing on aballot or ballot label shall be accompanied by a statement that aballot cast for the named candidates for President and Vice Presidentof the United States is considered a ballot cast for the slate ofpresidential electors nominated by that political party or independentcandidate.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1995, SEC.86.
IC 3-10-4-4
Votes for nominees and write-in candidates; treatment
Sec. 4. Each vote cast or registered:
(1) for the nominees for President and Vice President of theUnited States of:
(A) a political party; or
(B) a group of petitioners; or
(2) for a write-in candidate for President or Vice President ofthe United States;
is a vote cast or registered for all of the candidates for presidentialelectors of the party, group, or write-in candidate and shall be socounted. These votes shall be counted, canvassed, and certified in thesame manner as the votes for candidates for other offices.
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1992, SEC.17;P.L.1-2010, SEC.3.
IC 3-10-4-5
Certification of nominees and electors
Sec. 5. (a) This subsection applies to a major political party andto a political party subject to IC 3-8-4-10. The state chairman of eachpolitical party shall certify to the election division the names of thenominees of the party for President and Vice President of the UnitedStates and the state of which each nominee is a resident.
(b) If candidates for presidential electors are nominated bypetitioners instead of by a convention of a major political party or aparty subject to IC 3-8-4-10, the petitioners shall certify with the listof names of electors:
(1) the names of their nominees for President and VicePresident of the United States;
(2) the state of which each nominee is a resident; and
(3) the name of the political party of the nominees, or that thenominees are an independent ticket.
(c) This subsection applies to a political party described insubsection (a) and to candidates nominated by petitioners undersubsection (b). The names of:
(1) all candidates for presidential electors; and
(2) all nominees for President and Vice President of the UnitedStates;
shall be certified to the election division not later than noon on thesecond Tuesday in September before the general election. Theelection division shall certify to each county election board not laterthan noon on the next following Thursday in September before thegeneral election the names of the nominees for President and VicePresident of the United States certified to the election division underthis subsection.
(d) The names of all candidates for presidential electors for awrite-in candidate shall be included on the declaration for candidacyfiled by a write-in candidate for the office of President or VicePresident of the United States filed under IC 3-8-2.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.173;
P.L.5-1989, SEC.41; P.L.10-1992, SEC.18; P.L.3-1993, SEC.97;P.L.3-1997, SEC.223; P.L.66-2003, SEC.32; P.L.14-2004, SEC.80.
IC 3-10-4-6
Cessation of candidacy
Sec. 6. (a) If a nominee for President or Vice President of theUnited States ceases to be a candidate before the nominee's ticket isofficially certified, then that fact and the name and the state ofresidence of the nominee's successor, if any, shall be certified in thesame manner as the original nominee and the successor's name shallbe printed upon all ballots.
(b) If a nominee for President or Vice President of the UnitedStates ceases to be a candidate after the nominee's ticket has beenofficially certified, then that fact and the name and state of residenceof the nominee's successor, if any, shall be certified in the samemanner as the original nominee. However, the ballots must reflect theoriginal nominee's name, and any vote cast in the election for theoriginal nominee shall be considered a vote for the successor.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.174.
IC 3-10-4-7
Assembly of presidential electors
Sec. 7. (a) The presidential electors who are elected at a generalelection shall assemble in the chamber of the Indiana house ofrepresentatives on the first Monday after the second Wednesday inDecember as provided by 3 U.S.C. 7, or on another day fixed by theCongress of the United States, at 10 a.m. to elect the President andVice-President of the United States.
(b) The secretary of state, or an individual designated by thesecretary, shall preside at this meeting. The election division shallassist the secretary in conducting the election and in certifying andtransmitting the results in accordance with federal law.
(c) As provided by 3 U.S.C. 6, the governor shall deliver to theelectors present six (6) duplicate originals of the certificate ofascertainment of appointment of the electors mailed to the Archivistof the United States.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.175;P.L.10-1992, SEC.19; P.L.3-1997, SEC.224.
IC 3-10-4-8
Filling of vacancy
Sec. 8. (a) If a presidential elector:
(1) files the elector's resignation with the governor underIC 5-8-3.5;
(2) dies or is otherwise disqualified from holding office, and theelector's death or disqualification is certified to the governor bythe state chairman of the political party of the elector; or
(3) fails to appear before 11 a.m. on the day prescribed bysection 7 of this chapter;
the electors present shall, by paper ballot and a majority vote of all
those present, immediately fill the vacancy upon proof of theresignation or certification being provided to the electors, or at 11a.m., whichever occurs first.
(b) The election shall immediately be certified by a majority ofthe electors to the governor, who shall immediately notify the personof the person's election by presenting the elector with a commissionissued under IC 4-3-1-5.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.176;P.L.3-1993, SEC.98; P.L.3-1997, SEC.225.
IC 3-10-4-9
Voting procedure
Sec. 9. The presidential electors, when assembled and aftervacancies are filled, shall then vote by paper ballot for President andVice President of the United States and perform the duties imposedupon them by the Constitution and statutes of the United States andof this state.
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.177.
IC 3-10-4-10
Repealed
(Repealed by P.L.7-1986, SEC.20.)