CHAPTER 1. APPLICATION AND GENERAL PROVISIONS
IC 3-11.7
ARTICLE 11.7. PROVISIONAL VOTING
IC 3-11.7-1
Chapter 1. Application and General Provisions
IC 3-11.7-1-1
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11.7-1-2
Form of provisional ballot
Sec. 2. (a) Except as provided in subsection (b), a provisionalballot must have the same form as an absentee ballot for:
(1) the election for which the ballot is cast; and
(2) the precinct in which the ballot is cast.
(b) A provisional ballot must indicate that the ballot is aprovisional ballot and not an absentee ballot.
As added by P.L.126-2002, SEC.87.
IC 3-11.7-1-3
Procedures relating to provisional ballots
Sec. 3. Except as otherwise provided in this article, the proceduresdescribed in this title for paper ballots apply to provisional ballots.
As added by P.L.126-2002, SEC.87.
IC 3-11.7-1-4
Clerk to estimate number of provisional ballots required for anelection
Sec. 4. Each circuit court clerk shall:
(1) not less than sixty (60) days before the date on which ageneral, primary, or municipal election is held; or
(2) not more than three (3) days after the date on which aspecial election is ordered;
estimate the number of provisional ballots that will be required in thecounty for the election.
As added by P.L.126-2002, SEC.87.
IC 3-11.7-1-5
Repealed
(Repealed by P.L.14-2004, SEC.196.)
IC 3-11.7-1-6
Provisional ballots prepared by county election board
Sec. 6. (a) All provisional ballots shall be prepared and printedunder the direction of each county election board.
(b) After completing the estimate required by section 4 of thischapter, the county election board shall immediately prepare theballots and have the ballots printed.
(c) Except as provided in subsection (e), ballots prepared by the
county election board under this section must provide space for thevoter to cast a write-in ballot.
(d) The provisional ballots that are prepared and printed underthis section shall be delivered to the circuit court clerk not later than:
(1) forty-five (45) days before a general, primary, or municipalelection; or
(2) thirty-two (32) days before a special election.
(e) Space for write-in voting for an office is not required if thereare no declared write-in candidates for that office. However,procedures must be implemented to permit write-in voting forcandidates for federal offices.
(f) This subsection applies to the printing of provisional ballotsfor a general election in which the names of the nominees forPresident and Vice President of the United States are to be printed onthe ballot. The provisional ballots that are prepared and printed underthis section must be delivered to the circuit court clerk or the clerk'sauthorized deputy not later than thirty-eight (38) days before thegeneral election.
As added by P.L.126-2002, SEC.87. Amended by P.L.14-2004,SEC.150.
IC 3-11.7-1-7
Clerk's signature and seal on provisional ballots
Sec. 7. Each provisional ballot must be signed by the circuit courtclerk or an individual authorized by the circuit court clerk and havethe circuit court clerk's seal affixed.
As added by P.L.126-2002, SEC.87.
IC 3-11.7-1-8
Provisional ballot envelopes
Sec. 8. The county election board shall provide to each precinctelection board envelopes marked "Provisional Ballot" in which aprovisional voter places the voter's provisional ballot.
As added by P.L.126-2002, SEC.87.
IC 3-11.7-1-9
Marking provisional ballot packages
Sec. 9. Each package of provisional ballots delivered to a circuitcourt clerk shall be plainly marked on an appropriate attached labelwith the words: "This package contains _______ (giving number ofballots) provisional ballots.". The clerk shall securely keep all ballotsin the clerk's office and shall distribute them to applicants asprovided in this article.
As added by P.L.126-2002, SEC.87.