CHAPTER 4. GENERAL PROCEDURES FOR COUNTIES
IC 3-11.5-4
Chapter 4. General Procedures for Counties
IC 3-11.5-4-1
Circuit court clerk records and certification
Sec. 1. Each circuit court clerk shall do the following:
(1) Keep a separate absentee ballot record for each precinct inthe county.
(2) Certify to each inspector or the inspector's representative, atthe time that the ballots and supplies are delivered underIC 3-11-3, the names of the voters:
(A) to whom absentee ballots were sent or who markedballots in person; and
(B) whose ballots have been received by the county electionboard under IC 3-11-10.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.126-2002, SEC.78.
IC 3-11.5-4-2
Recast of certain ballots
Sec. 2. (a) This section applies to a voter voting by an absenteeballot that is defective and ordered corrected under IC 3-11-2-16 orincludes a candidate for election to office who:
(1) ceases to be a candidate; and
(2) is succeeded by a candidate selected under IC 3-13-1 orIC 3-13-2.
(b) Through the last day before the election day, an absentee votermay recast the ballot during the period specified by IC 3-11-10-26.To obtain another set of ballots, the absentee voter must present awritten request for another set of ballots from the circuit court clerk.
(c) Upon receiving a written request under subsection (b), thecircuit court clerk shall do the following:
(1) Place the written request with the absentee voter's originalballots.
(2) Mark "canceled" on the original set of ballots.
(3) Preserve the original ballots with other defective ballots.
(4) Deliver a new set of ballots to the absentee voter.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.3-1995, SEC.117.
IC 3-11.5-4-3
Time for receipt of ballots
Sec. 3. A county election board must receive an absentee ballotbefore noon on election day.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-4-4
Refusal of ballots without genuine signature
Sec. 4. If a county election board finds that the signature on aballot envelope or transmitted affidavit is not genuine, the board
shall write upon the ballot envelope the words "The county electionboard has rejected this ballot because the signature of this voter isnot genuine.".
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.126-2002, SEC.79.
IC 3-11.5-4-5
Treatment of submitted ballot found genuine
Sec. 5. If a county election board unanimously finds that thesignature on a ballot envelope or transmitted affidavit is genuine, theboard shall enclose immediately the accepted and unopened ballotenvelope, together with the voter's application for the absentee ballot,in a large or carrier envelope. The envelope shall be securely sealedand endorsed with the name and official title of the circuit court clerkand the following words: "This envelope contains an absentee ballotand must be opened only on election day under IC 3-11.5.".
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.126-2002, SEC.80.
IC 3-11.5-4-6
Secure keeping of ballots
Sec. 6. Each circuit court clerk shall keep all accepted ballotenvelopes securely in the clerk's office until the ballot envelopes areopened by absentee ballot counters in accordance with this chapter.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-4-7
Acceptance of posted absentee ballots
Sec. 7. Not later than noon on election day each circuit courtclerk, or an agent of the clerk, shall visit the appropriate post officeto accept delivery of absentee envelopes.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-4-8
Certification of voter names; delivery of certificates
Sec. 8. (a) Each county election board shall certify the names ofvoters:
(1) to whom absentee ballots were sent or who marked ballotsin person; and
(2) whose ballots have been received by the board under thischapter;
after the certification under section 1 of this chapter and not laterthan noon on election day.
(b) The county election board shall have:
(1) the certificates described in subsection (a); and
(2) the circuit court clerk's certificates for voters who haveregistered and voted under IC 3-7-36-14;
delivered to the precinct election boards at their respective polls onelection day by couriers appointed under section 22 of this chapter.
(c) The certificates shall be delivered not later than 3 p.m. on
election day.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.126-2002, SEC.81.
IC 3-11.5-4-9
Marking of poll list indication of absentee voters; disposition ofcertificate materials
Sec. 9. (a) Upon delivery of the certificates under section 8 of thischapter to a precinct election board, the inspector shall do thefollowing in the presence of the poll clerks:
(1) Mark the poll list.
(2) Attach the certificates of voters who have registered andvoted under IC 3-7-36-14 to the poll list.
The poll clerks shall sign the statement printed on the certificateindicating that the inspector marked the poll list and attached thecertificates under this section in the presence of both poll clerks toindicate that the absentee ballot of the voter has been received by thecounty election board.
(b) If a person listed in the certificate has voted in person at thepolls before the delivery of the certificate, the inspector shall initialthe voter's name on the certificate in the presence of both poll clerks.The poll clerks shall sign the statement printed on the certificatesupplied under section 1 of this chapter indicating that the inspectorinitialed the names of voters under this subsection in the presence ofboth poll clerks.
(c) The inspector shall then deposit:
(1) the certificate prepared under section 1 of this chapter;
(2) the certificate prepared under section 8 of this chapter; and
(3) any challenge affidavit executed by a qualified person undersection 16 of this chapter;
in an envelope in the presence of both poll clerks.
(d) The inspector shall seal the envelope. The inspector and eachpoll clerk shall then sign a statement printed on the envelopeindicating that the inspector or poll clerk has complied with therequirements of this chapter governing the marking of the poll listand certificates.
(e) The couriers shall immediately return the envelope describedin subsection (c) to the county election board. Upon delivering theenvelope to the county election board, each courier shall sign astatement printed on the envelope indicating that the courier has notopened or tampered with the envelope since the envelope wasdelivered to the courier.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.126-2002, SEC.82.
IC 3-11.5-4-10
Late receipt of ballots
Sec. 10. Subject to section 7 of this chapter, absentee ballotsreceived by mail (or by fax or electronic mail under IC 3-11-4-6)after noon on election day are considered as arriving too late and
may not be counted.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.126-2002, SEC.83; P.L.198-2005, SEC.12.
IC 3-11.5-4-11
Rejected ballots; exceptions to rejection
Sec. 11. At any time after the couriers return the certificate undersection 9 of this chapter, absentee ballot counters appointed undersection 22 of this chapter, in the presence of the county electionboard, shall, except for a ballot rejected under section 13 of thischapter:
(1) open the outer or carrier envelope containing an absenteeballot envelope and application;
(2) announce the absentee voter's name; and
(3) compare the signature upon the application with thesignature upon the affidavit on the ballot envelope ortransmitted affidavit.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.126-2002, SEC.84.
IC 3-11.5-4-12
Acceptance of initially rejected ballot; procedure; treatment ofcertain ballots as provisional ballots
Sec. 12. (a) If the absentee ballot counters find under section 11of this chapter that:
(1) the affidavit is properly executed;
(2) the signatures correspond;
(3) the absentee voter is a qualified voter of the precinct;
(4) the absentee voter is registered and is not required to fileadditional information with the county voter registration officeunder IC 3-7-33-4.5;
(5) the absentee voter has not voted in person at the election;and
(6) in case of a primary election, if the absentee voter has notpreviously voted, the absentee voter has executed the properdeclaration relative to age and qualifications and the politicalparty with which the absentee voter intends to affiliate;
the absentee ballot counters shall open the envelope containing theabsentee ballots so as not to deface or destroy the affidavit and takeout each ballot enclosed without unfolding or permitting a ballot tobe unfolded or examined.
(b) If the absentee ballot counters find under subsection (a) thatthe voter has not filed the additional information required to be filedwith the county voter registration office under IC 3-7-33-4.5, but thatall of the other findings listed under subsection (a) apply, theabsentee ballot shall be processed as a provisional ballot underIC 3-11.7.
(c) The absentee ballot counters shall then deposit the ballots ina secure envelope with the name of the precinct set forth on theoutside of the envelope. After the absentee ballot counters or the
county election board has made the findings described in subsection(a) or section 13 of this chapter for all absentee ballots of theprecinct, the absentee ballot counters shall remove all the ballotsdeposited in the envelope under this section for counting underIC 3-11.5-5 or IC 3-11.5-6.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.209-2003, SEC.169; P.L.221-2005, SEC.97.
IC 3-11.5-4-13
Rejection of absentee ballots
Sec. 13. (a) If the absentee ballot counters find under section 11of this chapter that any of the following applies, the ballots shall berejected:
(1) The affidavit is insufficient or that the ballot has not beenendorsed with the initials of:
(A) the two (2) members of the absentee voter board in theoffice of the clerk of the circuit court under IC 3-11-4-19 orIC 3-11-10-27;
(B) the two (2) members of the absentee voter board visitingthe voter under IC 3-11-10-25; or
(C) the two (2) appointed members of the county electionboard or their designated representatives under IC 3-11-4-19.
(2) The signatures do not correspond or there is no signature.
(3) The absentee voter is not a qualified voter in the precinct.
(4) The absentee voter has voted in person at the election.
(5) The absentee voter has not registered.
(6) The ballot is open or has been opened and resealed. Thissubdivision does not permit an absentee ballot transmitted byfax or electronic mail under IC 3-11-4-6 to be rejected becausethe ballot was sealed in the absentee ballot envelope by theindividual designated by the circuit court to receive absenteeballots transmitted by fax or electronic mail.
(7) The ballot envelope contains more than one (1) ballot of anykind for the same office or public question.
(8) In case of a primary election, if the absentee voter has notpreviously voted, the voter failed to execute the properdeclaration relative to age and qualifications and the politicalparty with which the voter intends to affiliate.
(9) The ballot has been challenged and not supported.
(b) Subsection (c) applies whenever a voter with a disability isunable to make a signature:
(1) on an absentee ballot application that corresponds to thevoter's signature in the records of the county voter registrationoffice; or
(2) on an absentee ballot security envelope that correspondswith the voter's signature:
(A) in the records of the county voter registration office; or
(B) on the absentee ballot application.
(c) The voter may request that the voter's signature or mark beattested to by any of the following: (1) The absentee voter board under section 22 of this chapter.
(2) A member of the voter's household.
(3) An individual serving as attorney in fact for the voter.
(d) An attestation under subsection (c) provides an adequate basisfor the absentee ballot counters to determine that a signature or markcomplies with subsection (a)(2).
(e) If the absentee ballot counters are unable to agree on a findingdescribed under this section or section 12 of this chapter, the countyelection board shall make the finding.
(f) The absentee ballot counters or county election board shallissue a certificate to a voter whose ballot has been rejected under thissection if the voter appears in person before the board not later than5 p.m. on election day. The certificate must state that the voter'sabsentee ballot has been rejected and that the voter may vote inperson under section 21 of this chapter if otherwise qualified to vote.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.38-1999, SEC.53; P.L.126-2002, SEC.85; P.L.1-2003, SEC.6;P.L.14-2004, SEC.139; P.L.198-2005, SEC.13.
IC 3-11.5-4-14
Rejected ballots; endorsement; processing and return
Sec. 14. (a) Each ballot rejected for any of the reasons prescribedby section 13 of this chapter shall, without being unfolded to disclosehow the ballot is marked, be endorsed with the words: "Rejected(giving the reason or reasons for the rejection).".
(b) All rejected absentee ballots shall be enclosed and securelysealed in an envelope on which the absentee ballot counters shallwrite the words: "Rejected absentee ballots". The absentee ballotcounters shall also identify the precinct and the date of the electionon the envelope containing the rejected ballots.
(c) The rejected absentee ballots shall be returned to the sameofficer and in the same manner as prescribed by this title for thereturn and preservation of official ballots cast and uncast at theelection.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-4-15
Challenge of absentee ballot at polls; procedure
Sec. 15. (a) The vote of an absentee voter may be challenged atthe polls for the reason that the absentee voter is not a legal voter ofthe precinct where the ballot is being cast.
(b) Before the inspector prepares to mark the poll list to indicatethat an absentee ballot cast by the voter has been received by thecounty election board according to a certificate delivered to the pollsunder section 1 or section 8 of this chapter, the inspector shall notifythe challengers and the pollbook holders that the inspector is aboutto mark the poll list under this section. The inspector shall providethe challengers and pollbook holders with the name and address ofeach voter listed in the certificate so that the voter may be challengedunder this article. (c) The challenge under this section must be determined using theprocedures for counting a provisional ballot under IC 3-11.7.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.14-2004, SEC.140.
IC 3-11.5-4-16
Absentee voter's application as affidavit; challenge procedure
Sec. 16. (a) If an absentee ballot is challenged under section 15 ofthis chapter, the absentee voter's application for an absentee ballotshall be considered as the affidavit required to be made by a voterwhen challenged at the polls while voting in person.
(b) Except as provided in subsection (c), the challenge procedureunder this section is the same as though the ballot was cast by thevoter in person.
(c) An absentee voter is not required to provide proof ofidentification.
(d) If a proper affidavit by a qualified person in the form requiredby IC 3-11-8-22.1 is made that would entitle the absentee voter tovote if the absentee voter had personally appeared, the couriers shallreturn the affidavit to the county election board in the same envelopeas the certificate returned under section 9 of this chapter.
(e) The absentee ballot cast by the challenged voter shall becounted if the county election board makes the findings requiredunder section 11 of this chapter.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.109-2005, SEC.10; P.L.164-2006, SEC.120.
IC 3-11.5-4-17
Absentee ballot of deceased voter
Sec. 17. (a) If proof is given to the absentee ballot counters thatan absentee voter marked and forwarded an absentee ballot but diedbefore election day, the ballot of the deceased voter shall be rejectedunder section 13 of this chapter and retained with the other rejectedballots under section 14 of this chapter.
(b) The casting of an absentee ballot by a deceased voter does notinvalidate an election.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-4-18
Unreturned absentee ballot of voter voting in person
Sec. 18. If a voter has not returned an absentee ballot, the votermay vote in person. However, before the voter may vote, the votermust return the ballot to the county election board. The absenteeballot shall be marked "canceled" and preserved with the rejectedballots.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-4-19
Returned absentee ballot of voter voting in person before markingof poll list Sec. 19. If a voter has marked and returned an absentee ballot butappears in person at the precinct before the inspector has marked thepoll list to indicate that an absentee ballot cast by the voter has beenreceived by the county election board according to a certificateissued under section 9 of this chapter or section 1 of this chapter,then the voter may request a new ballot, which the voter may vote asany other voter voting in person.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-4-20
Absentee voter wishing to vote in person after poll list is marked
Sec. 20. If the inspector has marked the poll list to indicate thatthe absentee ballot cast by the voter has been received by the countyelection board, the voter may not vote in person except as providedin section 21 of this chapter.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-4-21
Voter appearing in person who has cast rejected absentee ballot
Sec. 21. If an envelope containing an absentee ballot has beenmarked "Rejected" and the voter appears in person at the precinctbefore the polls close, the voter may vote as any other voter votingin person if the voter presents the precinct election board with thecertificate issued under section 13(f) of this chapter.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.1-2009, SEC.4.
IC 3-11.5-4-22
County election board appointments for absentee vote processing;eligibility; service by candidate or candidate's relative
Sec. 22. (a) Except as provided in subsection (b), each countyelection board shall appoint:
(1) absentee voter boards;
(2) teams of absentee ballot counters; and
(3) teams of couriers;
consisting of two (2) voters of the county, one (1) from each of thetwo (2) political parties that have appointed members on the countyelection board.
(b) Notwithstanding subsection (a), a county election board mayappoint, by a unanimous vote of the board's members, only one (1)absentee ballot courier if the person appointed is a voter of thecounty.
(c) An otherwise qualified person is eligible to serve on anabsentee voter board or as an absentee ballot counter or a courierunless the person:
(1) is unable to read, write, and speak the English language;
(2) has any property bet or wagered on the result of the election;
(3) is a candidate to be voted for at the election except as anunopposed candidate for precinct committeeman or stateconvention delegate; or (4) is the spouse, parent, father-in-law, mother-in-law, child,son-in-law, daughter-in-law, grandparent, grandchild, brother,sister, brother-in-law, sister-in-law, uncle, aunt, nephew, orniece of a candidate or declared write-in candidate to be votedfor at the election except as an unopposed candidate. Thissubdivision disqualifies a person whose relationship to thecandidate is the result of birth, marriage, or adoption.
(d) A person who is a candidate to be voted for at the election orwho is related to a candidate in a manner that would result indisqualification under subsection (c) may, notwithstandingsubsection (c), serve as a member of an absentee voter board if:
(1) the candidate is seeking nomination or election to an officein an election district that does not consist of the entire county;and
(2) the county election board restricts the duties of the personas an absentee voter board member to performing functions thatcould have no influence on the casting or counting of absenteeballots within the election district.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.38-1999, SEC.54; P.L.176-1999, SEC.92; P.L.14-2000,SEC.6; P.L.14-2004, SEC.141.
IC 3-11.5-4-23
Political party notice of number of appointees; recommendationsfor appointments
Sec. 23. (a) Not later than noon ten (10) days before absenteevoting begins under IC 3-11-10-26, each county election board shallnotify the county chairmen of the two (2) political parties that haveappointed members on the county election board of the number of:
(1) absentee voter boards;
(2) teams of absentee ballot counters; and
(3) teams of couriers;
to be appointed under section 22 of this chapter.
(b) The county chairmen shall make written recommendations forthe appointments to the county election board not later than noonthree (3) days before absentee voting begins under IC 3-11-10-26.The county election board shall make the appointments asrecommended.
(c) If a county chairman fails to make any recommendations, thenthe county election board may appoint any voters of the county whocomply with section 22 of this chapter.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.3-1995, SEC.118; P.L.38-1999, SEC.55; P.L.14-2004,SEC.142.
IC 3-11.5-4-24
Poll list; inspector duties
Sec. 24. (a) In addition to the preparations described inIC 3-11-11-2, IC 3-11-13-27, or IC 3-11-14-16, the inspector shall:
(1) mark the poll list; and (2) attach the certificates of voters who have registered andvoted under IC 3-7-36-14 to the poll list;
in the presence of the poll clerks to indicate the voters of the precinctwhose absentee ballots have been received by the county electionboard according to the certificate supplied under section 1 of thischapter.
(b) The poll clerks shall sign the statement printed on thecertificate supplied under section 1 of this chapter indicating that theinspector:
(1) marked the poll list; and
(2) attached the certificates described in subsection (a)(2);
under this section in the presence of both poll clerks.
(c) The inspector shall retain custody of the certificate suppliedunder section 1 of this chapter until the certificate is returned undersection 9 of this chapter.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.126-2002, SEC.86; P.L.221-2005, SEC.98.
IC 3-11.5-4-25
Repealed
(Repealed by P.L.126-2002, SEC.93.)
IC 3-11.5-4-26
Repealed
(Repealed by P.L.126-2002, SEC.93.)
IC 3-11.5-4-27
Repealed
(Repealed by P.L.126-2002, SEC.93.)
IC 3-11.5-4-28
Report of vote count; certificate
Sec. 28. When all votes have been counted, the precinct electionboard shall prepare a certificate stating the number of votes that eachcandidate received for each office and the number of votes cast oneach public question. The number of votes that each candidate andpublic question received shall be written in words and numbers. Theboard shall also prepare a memorandum of the total vote cast foreach candidate and ensure that each member of the board receives acopy of the memorandum.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.