IC 3-11.7-2
    Chapter 2. Casting a Provisional Ballot

IC 3-11.7-2-1
Requirements; notice to voter
    Sec. 1. (a) As provided by 42 U.S.C. 15482, this section appliesto the following individuals:
        (1) An individual:
            (A) whose name does not appear on the registration list; and
            (B) who is challenged under IC 3-10-1 or IC 3-11-8 after thevoter makes an oral or a written affirmation underIC 3-7-48-5 or IC 3-7-48-7 or after the voter produces acertificate of error under IC 3-7-48-1.
        (2) An individual described by IC 3-10-1-10.5, IC 3-11-8-23.5,or IC 3-11-8-27.5 who is challenged as not eligible to vote.
        (3) An individual who seeks to vote in an election as a result ofa court order (or any other order) extending the time establishedfor closing the polls under IC 3-11-8-8.
    (b) As required by 42 U.S.C. 15483, a voter who has registered tovote but has not:
        (1) presented identification required under 42 U.S.C. 15483 tothe poll clerk before voting in person under IC 3-11-8-25.1; or
        (2) filed a copy of the identification required under 42 U.S.C.15483 to the county voter registration office before the voter'sabsentee ballot is cast;
is entitled to vote a provisional ballot under this article.
    (c) A precinct election officer shall inform an individual describedby subsection (a)(1) or (a)(2) that the individual may cast aprovisional ballot if the individual:
        (1) is eligible to vote under IC 3-7-13-1;
        (2) submitted a voter registration application during theregistration period described by IC 3-7-13-10 (or IC 3-7-36-11,if the voter registered under that section); and
        (3) executes an affidavit described in IC 3-10-1-9 orIC 3-11-8-23.
    (d) A precinct election officer shall inform an individualdescribed by subsection (a)(3) that the individual may cast aprovisional ballot.
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003,SEC.171; P.L.164-2006, SEC.121.

IC 3-11.7-2-2
Duties of voter; instructions to voter
    Sec. 2. (a) A provisional voter shall do the following:
        (1) Mark the ballot in the presence of no other person, unlessthe voter requests help in marking a ballot under IC 3-11-9.
        (2) Fold each ballot separately.
        (3) Fold each ballot so as to conceal the marking.
        (4) Enclose each ballot, with the seal and signature of the circuitcourt clerk on the outside, together with any unused ballot, in

the envelope provided by the county election board underIC 3-11.7-1-8.
        (5) Securely seal the envelope.
    (b) A provisional voter may mark a ballot with a pen or a leadpencil.
    (c) This subsection applies to a provisional voter described insection 1(a)(1), 1(a)(2), or 1(a)(3) of this chapter. As provided by 42U.S.C. 15482, a precinct election officer shall give the provisionalvoter a copy of the written instructions prescribed by the countyelection board under IC 3-11.7-6-3 after the voter returns theenvelope containing the provisional voter's ballots.
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003,SEC.172.

IC 3-11.7-2-3
Duties of precinct election board; affidavits and envelopes;provisional ballots; ballots cast after regular polling hours
    Sec. 3. (a) The precinct election board shall affix to the envelopethe challenger's affidavit and the affidavit executed by theprovisional voter under section 1 of this chapter.
    (b) The form of the envelope is prescribed under IC 3-6-4.1-14.The envelope must permit a member of a precinct election board toindicate whether the voter has been issued a provisional ballot as theresult of a challenge based on the voter's inability or declination toprovide proof of identification.
    (c) Except as provided in subsection (d) and in accordance with42 U.S.C. 15482, the precinct election board shall securely keep thesealed envelope, along with the affidavits affixed to the envelope, inanother envelope or container marked "Provisional Ballots".
    (d) This subsection applies to the sealed envelope and theaffidavits affixed to the envelope of a provisional voter described insection 1(a)(3) of this chapter. As required by 42 U.S.C. 15482, theprecinct election board shall keep the sealed envelope or containerseparate from the envelope or container described in subsection (c).The envelope or container described in this subsection must belabeled "Provisional Ballots Issued After Regular Poll ClosingHours".
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003,SEC.173; P.L.109-2005, SEC.11.

IC 3-11.7-2-4
Handling provisional ballots at close of polls
    Sec. 4. As required by 42 U.S.C. 15482, at the close of the polls,the precinct election board shall do the following:
        (1) Seal:
            (A) all the provisional ballots; and
            (B) any spoiled provisional ballots;
        of provisional voters other than provisional voters described insection 1(a)(3) of this chapter in the container described insection 3(b) of this chapter and mark on the container the

number of provisional ballots contained.
        (2) Seal:
            (A) all the provisional ballots; and
            (B) any spoiled provisional ballots;
        of provisional voters described in section 1(a)(3) of this chapterin the container described in section 1(a)(3) of this chapter andmark on the container the number of provisional ballotscontained.
The inspector shall return the container with all the provisionalballots to the circuit court clerk after the close of the polls.
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003,SEC.174.