CHAPTER 6. COUNTING OF ABSENTEE BALLOTS CAST ON BALLOT CARDS
IC 3-11.5-6
Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards
IC 3-11.5-6-1
Conditions for applicability of chapter; resolution
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 sentto 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(d) A resolution adopted under this section takes effectimmediately and may only be rescinded by the unanimous vote of theentire membership of the county election board.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.204; P.L.3-1997, SEC.337.
IC 3-11.5-6-2
Conditions for applicability of chapter; ballot cards
Sec. 2. This chapter applies to the counting of absentee ballotscast on ballot cards.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-3
Time for counting ballots; personnel
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 board hasmade the findings required under IC 3-11-10 and IC 3-11.5-4for the absentee ballots cast by voters of the precinct anddeposited the accepted absentee ballots in the envelope requiredunder 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 with the assistance of any persons required for theoperation of the automatic tabulating machine.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-4
Count of ballots without interruption
Sec. 4. To minimize delay, the absentee ballot counters shallcontinue to count without interruption until all absentee ballots forthe 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 3-11.5-6-5
Grouping of ballot cards
Sec. 5. The absentee ballot counters shall determine if the ballotcards are properly grouped and arranged so that all similar cardsfrom a precinct are together before the ballots are counted on anautomatic tabulating machine.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-6
Persons who may protest ballot
Sec. 6. During the tabulation of votes at a central countinglocation, an absentee ballot counter performing the count, a memberof the county election board, or a representative designated by themember of the board may protest the counting of a ballot or part ofa ballot cast by a voter of a precinct.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-7
Referring protested ballot to county election board
Sec. 7. If the absentee ballot counters cannot agree whether tocount a ballot following a protest under section 6 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 3-11.5-6-8
Notations on contested ballots
Sec. 8. Following a decision by the absentee ballot counters or thecounty election board:
(1) the absentee ballot counters immediately shall write on theback of the protested ballot card the word "counted" or "notcounted", as appropriate; and
(2) the person protesting the ballot under section 6 of thischapter shall officially sign the protested ballot card.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-9
Damaged ballots unable to be machine processed
Sec. 9. If an absentee ballot is damaged or defective so that theballot cannot properly be counted by an automatic tabulatingmachine, a remake team composed of one (1) person from each ofthe major political parties of the county shall have the card preparedfor processing so as to record accurately the intent of the voterinsofar as the intent can be ascertained.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-10
Duplicate copy of damaged ballot; witnesses
Sec. 10. If necessary, a true duplicate copy shall be made of the
damaged ballot card in the presence of witnesses and substituted forthe damaged card.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-11
Duplicate copy of defective card
Sec. 11. A duplicate ballot card shall be made of a defective card,not including the uncounted votes.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-12
Duplicate cards; identification information
Sec. 12. All duplicate cards must:
(1) be clearly labeled "duplicate"; and
(2) bear a serial number that shall be recorded on the damagedor defective card.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-13
Counting of duplicate instead of defective card
Sec. 13. Each duplicate ballot card shall be counted instead of thedamaged or defective card.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-14
Failure to test tabulating machines for particular office orquestion; manual tabulation
Sec. 14. If a test of automatic tabulating machines required byIC 3-11-13-22 or IC 3-11-13-26 is not conducted for a particularoffice or public question, the absentee ballot votes for that officeshall be counted manually.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-15
Direction to manually count ballots
Sec. 15. If for any reason the county election board determinesthat it is impracticable to count all or some of the absentee ballotsunder this chapter with an automatic tabulating machine, the boardmay direct that the ballot cards be counted manually.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-16
Standards for manually tabulated vote count
Sec. 16. If ballot cards are counted manually, the tabulation ofvotes must comply with the standards prescribed by IC 3-11-7.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-17
Counting write-in votes for federal office
Sec. 17. IC 3-11.5-5-14 applies to the counting of write-in
absentee ballots for a federal office cast on a ballot card receivedunder 42 U.S.C. 1973ff.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-18
Certification of vote count; time
Sec. 18. 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 3-11.5-6-19
Certification of vote count; formal requirements; memorandum
Sec. 19. The number of votes that each candidate and each 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 3-11.5-6-20
Delivery of certificate of vote count; return of equipment
Sec. 20. The absentee ballot counters shall deliver the certificatesprepared under section 18 of this chapter and the return printed bythe automatic tabulating machine to the county election boardimmediately upon the tabulation of the vote in each precinct.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-21
Packaging counted ballots for storage
Sec. 21. 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 3-11.5-6-22
Oath of ballot counters
Sec. 22. Upon delivery of the envelope or bag to the circuit courtclerk, 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 3-11.5-6-23
Filing of oath of ballot counters
Sec. 23. The circuit court clerk shall file the oath taken undersection 22 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 3-11.5-6-24
Locks for ballot storage containers
Sec. 24. 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 3-11.5-6-25
Keys to locks for ballot storage containers
Sec. 25. The circuit court clerk shall do the following:
(1) Lock the receptacle provided under section 24 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 3-11.5-6-26
Preservation of ballots; time requirements
Sec. 26. 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.146.
IC 3-11.5-6-27
Preservation of ballots; time requirements of contested elections
Sec. 27. 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 court
trying a contest.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-28
Destruction of stored ballots
Sec. 28. 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.147.
IC 3-11.5-6-29
Contracts with educational institutions for destruction of ballots
Sec. 29. 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.148; P.L.2-2007, SEC.13.
IC 3-11.5-6-30
News media certificate; preparation
Sec. 30. 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 3-11.5-6-31
News media certificate; time and manner of release
Sec. 31. 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 3-11.5-6-32
Release of voting information before closing of polls
Sec. 32. (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 countyelection 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.
IC 3-11.5-6-33
Conduct of recount
Sec. 33. In case of a recount, all ballot cards shall be recounted inthe manner prescribed by this chapter unless:
(1) the court ordering the recount or the state recountcommission directs that the ballots be counted manually; or
(2) a request for a manual recount is made under IC 3-12-6 orIC 3-12-11.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.