CHAPTER 5. COUNTING OF ABSENTEE BALLOTS CAST ON PAPER BALLOTS
IC 3-11.5-5
Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots
IC 3-11.5-5-1
Applicability of chapter; counties of application
Sec. 1. (a) This chapter applies in a county only if the countyelection board adopts a resolution making this chapter applicable inthe county.
(b) A copy of a resolution adopted under this section shall be filedwith the election division.
(c) A county election board may not adopt a resolution under thissection less than:
(1) sixty (60) days before an election is to be conducted; or
(2) fourteen (14) days after an election has been conducted.
(d) A resolution adopted under this section takes effectimmediately and may only be rescinded by the unanimous vote of theentire membership of the county election board.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.2-1996, SEC.202; P.L.3-1997, SEC.335.
IC 3-11.5-5-2
Applicability of chapter; paper ballot cast votes
Sec. 2. This chapter applies to the counting of absentee ballotscast on paper ballots.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-3
Time for counting ballots
Sec. 3. Immediately after:
(1) the couriers have returned the certificate from a precinctunder IC 3-11.5-4-9; and
(2) the absentee ballot counters or the county election boardhave made the findings required under IC 3-11-10 andIC 3-11.5-4 for the absentee ballots cast by voters of theprecinct and deposited the accepted absentee ballots in theenvelope required under IC 3-11.5-4-12;
the absentee ballot counters shall, in a central counting locationdesignated by the county election board, count the absentee ballotvotes for each candidate for each office and on each public questionin the precinct.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-4
Repealed
(Repealed by P.L.230-2005, SEC.91.)
IC 3-11.5-5-5
Uninterrupted vote count procedures
Sec. 5. To minimize delay, the absentee ballot counters shallcontinue the count without interruption until all absentee ballots for
the precinct are canvassed and the certificates required by thischapter are prepared and delivered to the person entitled to receivethe certificates.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-6
Manner and order of counting ballots
Sec. 6. The ballots shall be counted by laying each ballot upon atable in the order in which the ballot was opened underIC 3-11.5-4-12.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-7
Ballot count; reading of names
Sec. 7. During the counting of the votes, one (1) of the absenteeballot counters shall read the name of the candidates voted for fromthe ballots. A:
(1) member of the county election board who is not a memberof the same political party as the absentee ballot counter; or
(2) representative designated by the member;
reading the names shall view the ballots as the names are read.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-8
Vote counting; protest of ballot
Sec. 8. During the counting of the votes:
(1) an absentee ballot counter performing the counting;
(2) a member of the county election board; or
(3) a representative designated by the members;
may protest the counting of any ballot or any part of a ballot.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-9
Marking of protested ballot
Sec. 9. If a ballot or any part of a ballot is protested, an absenteeballot counter immediately shall write on the back of the protestedballot the word "counted" or "not counted", as appropriate.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-10
Protested votes referred to county election board
Sec. 10. If the absentee ballot counters cannot agree whether tocount a ballot following a protest under section 8 of this chapter, thequestion shall be referred to the county election board for a decision.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-11
Absentee counters signing of protested ballots
Sec. 11. Following a decision by the absentee ballot counters orthe county election board, the absentee ballot counters shall officially
sign each protested ballot.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-12
Separate counting of ballots from other precincts
Sec. 12. An absentee ballot counter may not count absenteeballots for a precinct under this chapter while counting absenteeballots for any other precinct.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-13
Counting of ballots by two sets of vote counters
Sec. 13. (a) This section applies if at least two (2) sets of absenteeballot counters in a county are counting absentee ballots under thischapter.
(b) A set of absentee ballot counters may count absentee ballotsfrom a precinct while another set of absentee ballot counters iscounting absentee ballots from another precinct in the county if eachset of counters counts the ballots in compliance with section 7 of thischapter.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-14
Counting federal write-in absentee ballots; minor errors on ballot;partial ballot invalidity and ballots not to be counted
Sec. 14. (a) This section applies to the counting of federal write-inabsentee ballots described in IC 3-11-4-12.5.
(b) If a voter writes an abbreviation, a misspelling, or other minorvariation instead of the correct name of a candidate or political party,that vote shall be counted if the intent of the voter can be determined.
(c) If a voter casts a ballot under this section for President or VicePresident and writes in the name of a candidate or political party thathas not certified a list of electors under IC 3-10-4-5, the vote forPresident or Vice President is void. The remaining votes on the ballotmay be counted.
(d) IC 3-12-1-7 applies to a ballot subject to this section.
(e) A ballot subject to this section may not be counted if:
(1) the ballot was submitted from within the United States;
(2) the voter's application for a regular absentee ballot wasreceived by the circuit court clerk or board of registration lessthan thirty (30) days before the election;
(3) the voter's completed regular state absentee ballot wasreceived by the circuit court clerk or board of registration by thedeadline for receiving absentee ballots under IC 3-11.5-4-7; or
(4) the ballot subject to this section was not received by thecircuit court clerk or board of registration by the deadline forreceiving absentee ballots under IC 3-11.5-4-7.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.198-2005, SEC.14; P.L.66-2010, SEC.27.
IC 3-11.5-5-15
Certificate of absentee vote count
Sec. 15. When all the votes have been counted, the absentee ballotcounters shall prepare a certificate stating the number of votes thateach candidate received for each office and the number of votes caston each public question.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-16
Entry and memorandum of vote count
Sec. 16. The number of votes that each candidate and publicquestion received shall be written in words and numbers. Theabsentee ballot counters shall prepare a memorandum of the totalvotes cast for each candidate and on each public question and ensurethat each member of the county election board receives a copy of thememorandum.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-17
Delivery of certificates and tally papers
Sec. 17. The absentee ballot counters shall deliver the certificatesprepared under section 15 of this chapter and the tally papers to thecounty election board immediately upon the tabulation of the vote ineach precinct.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-18
Securing ballots, certificates, and tally papers; delivery
Sec. 18. As soon as the ballots have been counted, the absenteeballot counters shall in the presence of the county election board dothe following:
(1) Place in a strong paper envelope or bag the following:
(A) All ballots, voted and not voted, together with allprotested and uncounted ballots.
(B) One (1) copy of each of the certificates prepared underIC 3-11.5-4-1 and IC 3-11.5-4-8.
(C) The tally papers.
(2) Securely seal the envelope or bag.
(3) Have both absentee ballot counters initial the envelope orbag.
(4) Plainly mark on the outside of the envelope or bag, in ink,the precinct for which the absentee ballots were cast.
(5) Deliver the envelope or bag to the circuit court clerk.
(6) Notify the circuit court clerk of the number of ballots placedin the envelope or bag.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-19
Oath of ballot counters
Sec. 19. Upon delivery of the envelope or bag to the circuit court
clerk, each absentee ballot counter shall take and subscribe an oathbefore the clerk stating that the counter:
(1) securely kept the ballots and papers in the envelope or bag;
(2) did not permit any person to open the envelope or bag or tootherwise touch or tamper with the ballots; and
(3) had no knowledge of any other person opening the envelopeor bag.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-20
Filing of ballot counter's oath
Sec. 20. The circuit court clerk shall file the oath taken undersection 19 of this chapter with the clerk's other election documents.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-21
Secure storage of ballots
Sec. 21. The circuit court clerk shall place the envelope or bag ina receptacle provided by the county executive with two (2) differentlocks.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-22
Locks on stored ballots
Sec. 22. The circuit court clerk shall do the following:
(1) Lock the receptacle provided under section 21 of thischapter.
(2) Retain one (1) key to one (1) lock of the receptacle.
(3) Give one (1) key to the other lock of the receptacle to themember of the county election board who is not a member ofthe same political party as the clerk.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-23
Time of ballot storage
Sec. 23. The circuit court clerk shall preserve the receptaclecontaining the envelope or bag in the clerk's office for the periodrequired under IC 3-10-1-31 or IC 3-10-1-31.1.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.14-2004, SEC.143.
IC 3-11.5-5-24
Time for retention of stored ballots when election contested
Sec. 24. If the election is contested, the clerk shall preserve thereceptacle containing the envelope or bag as long as the contest isundetermined. During those periods the clerk shall keep thereceptacle securely locked, subject only to an order of the courttrying a contest.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-25
Destruction of stored ballots
Sec. 25. When permitted under IC 3-10-1-31 or IC 3-10-1-31.1,the clerk and a county election board member of the oppositepolitical party shall remove the envelope or bag from the receptacleand destroy the envelope or bag.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.14-2004, SEC.144.
IC 3-11.5-5-26
Contract with educational institution for disposal of ballots
Sec. 26. A county election board may contract with a stateeducational institution to dispose of the ballots. The contract mustprovide that:
(1) the ballots will be used by the state educational institutionto conduct election research; and
(2) the state educational institution may not receive any ballotsunder this subsection until the period for retention underIC 3-10-1-31 or IC 3-10-1-31.1 has expired.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amendedby P.L.14-2004, SEC.145; P.L.2-2007, SEC.12.
IC 3-11.5-5-27
News media certificate of election results
Sec. 27. Immediately upon completion of the vote count, theabsentee ballot counters shall make and sign a certificate for thenews media showing the total number of absentee ballot votesreceived by each candidate and on each public question in theprecinct.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-28
Delivery of news media certificate
Sec. 28. The absentee ballot counters shall deliver the certificateto the circuit court clerk as soon as the certificate is completed. Thecircuit court clerk shall deliver the certificate made for the newsmedia to any person designated to receive the certificate by theeditors of the newspapers published in the county or by the managersof the radio and television stations operating in the countyimmediately upon the completion of the certificate, but not before theclosing of the polls.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-5-29
Release of information concerning absentee ballot counts beforeclose of polls other than as provided by chapter
Sec. 29. (a) This section applies to a person who observes orperforms any of the following under this chapter:
(1) The counting of absentee ballots.
(2) The proceedings of absentee ballot counters or the county
election board regarding a protested ballot.
(3) The preparation of a certificate by absentee ballot counters.
(4) The delivery of a certificate to the circuit court clerk orcounty election board.
(b) Except as prescribed by this chapter, a person shall notprovide any other person with information concerning the number ofvotes:
(1) a candidate received for an office; or
(2) cast to approve or reject a public question;
on absentee ballots counted under this chapter before the closing ofthe polls.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.