CHAPTER 10. VOTING BY ABSENTEE BALLOT
IC 3-11-10
Chapter 10. Voting by Absentee Ballot
IC 3-11-10-1
Voter's affidavit; voting procedure; transmission of ballot
Sec. 1. (a) A voter voting by absentee ballot shall make andsubscribe to the affidavit prescribed by IC 3-11-4-21. The voter thenshall, except as provided in subsection (b), do the following:
(1) Mark the ballot in the presence of no other person.
(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, inthe envelope provided.
(5) Securely seal the envelope.
(6) Do one (1) of the following:
(A) Mail the envelope to the county election board, with notmore than one (1) ballot per envelope.
(B) Deliver the envelope to the county election board inperson.
(C) Deliver the envelope to a member of the voter'shousehold or a person designated as the attorney in fact forthe voter under IC 30-5 for delivery to the county electionboard:
(i) in person;
(ii) by United States mail; or
(iii) by a bonded courier company.
(b) A voter permitted to transmit the voter's absentee ballots byfax or electronic mail under IC 3-11-4-6 is not required to complywith subsection (a). The individual designated by the circuit courtclerk to receive absentee ballots transmitted by fax or electronic mailshall do the following upon receipt of an absentee ballot transmittedby fax:
(1) Note the receipt of the absentee ballot in the records of thecircuit court clerk as other absentee ballots received by thecircuit court clerk are noted.
(2) Fold each ballot received from the voter separately so as toconceal the marking.
(3) Enclose each ballot in a blank absentee ballot envelope.
(4) Securely seal the envelope.
(5) Mark on the envelope: "Absentee Ballot Received by Fax orElectronic Mail".
(6) Securely attach to the envelope the faxed affidavit receivedwith the voter's absentee ballots.
(c) Except as otherwise provided in this title, absentee ballotsreceived by fax or electronic mail shall be handled and processed asother absentee ballots received by the circuit court clerk are handledand processed.
As added by P.L.5-1986, SEC.7. Amended by P.L.4-1996, SEC.68;P.L.126-2002, SEC.61; P.L.103-2005, SEC.9; P.L.198-2005, SEC.7.
IC 3-11-10-1.2
Proof of identification not required
Sec. 1.2. An absentee voter is not required to provide proof ofidentification when:
(1) mailing, delivering, or transmitting an absentee ballot undersection 1 of this chapter; or
(2) voting before an absentee board under section 25 of thischapter.
As added by P.L.109-2005, SEC.8. Amended by P.L.103-2005,SEC.10.
IC 3-11-10-1.5
Replacement of candidates on ballot; request for new ballots
Sec. 1.5. (a) This section applies to a voter:
(1) voting by an absentee ballot that includes a candidate forelection to an office who:
(A) ceases to be a candidate; and
(B) is succeeded by a candidate selected under IC 3-13-1 orIC 3-13-2; or
(2) casting a replacement absentee ballot under IC 3-11-2-16.
(b) If:
(1) the original absentee ballot has not been delivered to theappropriate precinct; and
(2) the absentee voter's name has not been marked on the polllist under section 16 of this chapter;
the absentee voter may recast the voter's ballot under this section. Toobtain another set of ballots the absentee voter must present a writtenrequest 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 the other defective ballots.
(4) Deliver a new set of ballots to the absentee voter.
As added by P.L.4-1991, SEC.95. Amended by P.L.3-1995, SEC.105;P.L.3-1997, SEC.301.
IC 3-11-10-2
Marking absentee ballot; electioneering
Sec. 2. (a) A voter voting by absentee ballot may mark a ballotwith a pen or a lead pencil.
(b) A person may not engage in electioneering (as defined inIC 3-14-3-16) in the presence of a voter whom the person knowspossesses an absentee ballot provided to the voter in accordance withIndiana law.
As added by P.L.5-1986, SEC.7. Amended by P.L.5-1989, SEC.55;P.L.103-2005, SEC.11.
IC 3-11-10-3 Receipt of ballot; necessity to receive in time
Sec. 3. A county election board must receive an absentee ballot intime for the board to deliver the ballot to the precinct election boardof the voter's precinct before the closing of the polls on election day.
As added by P.L.5-1986, SEC.7.
IC 3-11-10-4
Examination of signature
Sec. 4. (a) Upon receipt of an absentee ballot, a county electionboard (or the absentee voter board in the office of the circuit courtclerk) shall immediately examine the signature of the absentee voterto determine its genuineness.
(b) This subsection does not apply to an absentee ballot cast by avoter permitted to transmit the voter's absentee ballots by fax orelectronic mail under IC 3-11-4-6. The board shall compare thesignature as it appears upon the envelope containing the absenteeballot with the signature of the voter as it appears upon theapplication for the absentee ballot. The board may also compare thesignature on the ballot envelope with any other admittedly genuinesignature of the voter.
(c) This subsection applies to an absentee ballot cast by a voterpermitted to transmit the voter's absentee ballots by fax or electronicmail under IC 3-11-4-6. The board shall compare the signature as itappears on the affidavit transmitted with the voter's absentee ballotto the voter's signature as it appears on the application for theabsentee ballot. The board may also compare the signature on theaffidavit with any other admittedly genuine signature of the voter.
(d) If a member of the absentee voter board questions whether asignature on a ballot envelope or transmitted affidavit is genuine, thematter shall be referred to the county election board for considerationunder section 5 of this chapter.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1997, SEC.302;P.L.126-2002, SEC.62; P.L.198-2005, SEC.8.
IC 3-11-10-4.5
Absentee ballot of voter required to present additionalinformation; procedure
Sec. 4.5. (a) Upon receipt of an absentee ballot from a voterrequired to provide additional information to the county voterregistration office under IC 3-7-33-4.5, the county election boardshall contact the county voter registration office to determine if theadditional information has been filed with the office by the voter.
(b) If the voter has filed the information with the county voterregistration office, the county election board shall add a notation tothe application indicating that the required information has been filedand that the absentee ballot may be counted if the ballot otherwisecomplies with this article.
(c) If the voter has not filed the information with the county voterregistration office, the county election board shall add a notation onthe application filed by a voter described under subsection (b) and on
the envelope provided under this chapter reading substantially asfollows:
"INSPECTOR: AS OF (insert date absentee ballot applicationapproved) THIS VOTER WAS REQUIRED TO FILEADDITIONAL DOCUMENTATION WITH THE COUNTYVOTER REGISTRATION OFFICE BEFORE THIS BALLOTMAY BE COUNTED. CHECK THE POLL LIST ANDCOUNTY ELECTION BOARD CERTIFICATION TO SEE IFTHE VOTER HAS FILED THIS INFORMATION. IF NOT,PROCESS AS A PROVISIONAL BALLOT IF THIS BALLOTOTHERWISE COMPLIES WITH INDIANA LAW.".
As added by P.L.209-2003, SEC.140. Amended by P.L.221-2005,SEC.69.
IC 3-11-10-5
Marking of ballot when signature questioned
Sec. 5. If a county election board unanimously finds that thesignature on a ballot envelope or transmitted affidavit is not genuine,the board shall write upon the ballot envelope or transmitted affidavitthe words "The county election board has questioned the genuinenessof the signature of this voter.". These ballots shall be delivered to thepolls on election day under section 12 of this chapter withinstructions to verify the voter's signature under section 15 of thischapter.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.260;P.L.126-2002, SEC.63.
IC 3-11-10-6
Disputed ballots; delivery
Sec. 6. If a county election board is unable to unanimouslydetermine whether the signature on a ballot envelope is genuine, theboard shall write upon the ballot envelope or transmitted affidavit thewords "Signature Disputed". The board then shall deliver all disputedballot envelopes, together with any evidence of a documentary naturepresented before the board, to the proper precinct at the same timethat undisputed ballots are delivered.
As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.64.
IC 3-11-10-7
Disputed ballots; determination whether ballot to be voted orrejected
Sec. 7. After receipt of disputed ballots under section 6 of thischapter, a precinct election board shall determine whether eachdisputed ballot will be voted or rejected.
As added by P.L.5-1986, SEC.7.
IC 3-11-10-8
Accepted ballots; sealing into large or carrier envelope withendorsement of circuit court clerk Sec. 8. If a county election board (or the absentee voter board inthe office of the circuit court clerk) 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 ballotin 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 at the polls on election day while the pollsare open.".
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1997, SEC.303;P.L.126-2002, SEC.65.
IC 3-11-10-9
Accepted ballot envelopes to be kept securely in circuit courtclerk's office
Sec. 9. Each circuit court clerk shall keep all accepted ballotenvelopes securely in the clerk's office until they are delivered to theproper precincts in accordance with section 12 of this chapter.
As added by P.L.5-1986, SEC.7.
IC 3-11-10-10
Absentee ballots to be kept under two locks in cabinets, boxes, orroom
Sec. 10. During the period that absentee ballots are beingreceived, each county election board shall keep the ballots incabinets, boxes, or a room upon which there are two (2) locks, one(1) for each of the appointed members of the board. Each day theabsentee ballots shall be placed in the cabinets, boxes, or room underthe direction of the appointed members of the board. If an appointedmember cannot be present each day, then that member shalldesignate someone from the member's political party to be presentwith the key to the lock at the time the ballots are secured.
As added by P.L.5-1986, SEC.7.
IC 3-11-10-11
Acceptance of delivery of absentee ballots or additional identifyinginformation at post office on election day
Sec. 11. (a) On election day each circuit court clerk (or an agentof the clerk) shall visit the appropriate post office to accept deliveryof absentee envelopes at the latest possible time that will permitdelivery of the ballots to the appropriate precinct election boardsbefore 6 p.m.
(b) Not later than noon on election day, the county voterregistration office shall visit the appropriate post office to acceptdelivery of mail containing documentation submitted by a voter tocomply with IC 3-7-33-4.5. The office shall immediately notify thecounty election board regarding the filing of this documentation topermit the board to provide certification of this filing to theappropriate precinct election boards before 6 p.m.As added by P.L.5-1986, SEC.7. Amended by P.L.209-2003,SEC.141; P.L.221-2005, SEC.70.
IC 3-11-10-12
Delivery of absentee ballots and additional identifying information;time for delivery
Sec. 12. (a) Except as provided in section 12.5 of this chapter,each county election board shall have all absentee ballots deliveredto the precinct election boards at their respective polls on electionday.
(b) The absentee ballots shall be delivered during the hours thatthe polls are open and in sufficient time to enable the precinctelection boards to vote the ballots during the time the polls are open.
(c) Along with the absentee ballots delivered to the precinctelection boards under subsection (a), each county election boardshall provide a list certified by the circuit court clerk. This list muststate the name of each voter subject to IC 3-7-33-4.5 who:
(1) filed the documentation required by IC 3-7-33-4.5 with thecounty voter registration office after the printing of the certifiedlist under IC 3-7-29 or the poll list under IC 3-11-3; and
(2) as a result, is entitled to have the voter's absentee ballotcounted if the ballot otherwise complies with this title.
(d) If the county election board is notified not later than 3 p.m. onelection day by the county voter registration office that a votersubject to IC 3-7-33-4.5 and not identified in the list certified undersubsection (c) has filed documentation with the office that complieswith IC 3-7-33-4.5, the county election board shall transmit asupplemental certified list to the appropriate precinct election board.If the board determines that the supplemental list may not bereceived before the closing of the polls, the board shall:
(1) attempt to contact the precinct election board to inform theboard regarding the content of the supplemental list; and
(2) file a copy of the supplemental list for that precinct as partof the permanent records of the board.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1993, SEC.151;P.L.209-2003, SEC.142; P.L.198-2005, SEC.9; P.L.164-2006,SEC.106; P.L.66-2010, SEC.22.
IC 3-11-10-12.5
Absentee ballots cast at clerk's office or satellite office on directrecord electronic voting system; central counting permitted; list ofvoters sent to precinct; challenge of ballots; adjustment of precinctvote totals
Sec. 12.5. (a) This section applies to absentee ballots cast:
(1) under section 26 or 26.3 of this chapter; and
(2) on a direct record electronic voting system.
(b) Notwithstanding section 12 of this chapter, a county electionboard is not required to deliver absentee ballots described insubsection (a) to the precincts for counting. However, the countyelection board shall deliver to each precinct a list of the names of
voters who have cast absentee ballots described in subsection (a).The county election board shall deliver this list at the same time thecounty election board delivers other absentee ballots to the precinct.Absentee ballots described in subsection (a) may be challenged usingthe same procedure that applies to other absentee ballots. The judgesshall mark the poll list to indicate that each voter on the list sent bythe county election board has voted by absentee ballot. If a voter hasalready voted at the precinct or if the absentee ballot is challenged,the judges shall note that fact on the list sent by the county electionboard and return the list to the county election board with theprecinct's other election materials. The county election board shalldelete the absentee votes of a voter described in subsection (a) whosename has been noted by the judges as having voted at the precinct.The county election board shall count the absentee ballots describedin subsection (a) using the procedures in IC 3-11.5 for countingabsentee ballots at a central location, including the procedures forchallenging absentee ballots and eliminating the absentee ballots ofindividuals voting in person at the polls, to assure that the ballots caston the direct record electronic voting system may be counted.
(c) A county election board acting under this section:
(1) may count all absentee ballots described in subsection (a) ata central location; and
(2) shall adjust the vote totals for each precinct based on thecount of absentee ballots under subdivision (1).
(d) This section does not require a county election board to countabsentee ballots not described in subsection (a) at a central locationunder this section or IC 3-11.5.
As added by P.L.66-2010, SEC.23.
IC 3-11-10-13
Delivery of absentee ballots; county election board to deliver;control by members of both political parties; inspector to signreceipt
Sec. 13. The appointed members of the county election board ormembers of the absentee voter boards established under section 36of this chapter shall deliver the absentee ballots under section 12 ofthis chapter. The delivery of the absentee ballots must be at all timesunder the combined control of members of both political partiesrepresented on the county election board. Upon delivery of absenteeballots to a precinct election board, the inspector shall sign a receiptfor the ballots.
As added by P.L.5-1986, SEC.7.
IC 3-11-10-14
Absentee ballots not arriving on time
Sec. 14. Subject to section 11 of this chapter, absentee ballotsreceived by mail (or by fax or electronic mail under IC 3-11-4-6)after the county election board has started the final delivery of theballots to the precincts on election day are considered as arriving toolate and need not be delivered to the polls.As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.66;P.L.198-2005, SEC.10.
IC 3-11-10-15
Inspector; opening of envelope; announcing absentee voter's name;comparing signature
Sec. 15. At any time between the opening and closing of the pollson election day, the inspector, in the presence of the precinct electionboard, shall do all of the following:
(1) Open the outer or carrier envelope containing an absenteeballot envelope and application.
(2) Announce the absentee voter's name.
(3) Compare the signature upon the application with thesignature upon the affidavit on the ballot envelope ortransmitted affidavit attached to the ballot envelope.
As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.67.
IC 3-11-10-16
Finding of proper execution requirements by inspector; deposit ofballots in ballot box
Sec. 16. (a) If the inspector finds under section 15 of this chapterthat:
(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;
then the inspector shall open the envelope containing the absenteeballots so as not to deface or destroy the affidavit and take out eachballot enclosed without unfolding or permitting a ballot to beunfolded or examined.
(b) The inspector shall then hand the ballots to the judges whoshall deposit the ballots in the proper ballot box and enter theabsentee voter's name on the poll list, as if the absentee voter hadbeen present and voted in person. The judges shall mark the poll listto indicate that the voter has voted by absentee ballot. If the voter hasregistered and voted under IC 3-7-36-14, the inspector shall attach tothe poll list the circuit court clerk's certification that the voter hasregistered.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.261;P.L.126-2002, SEC.68; P.L.209-2003, SEC.143; P.L.14-2004,SEC.121; P.L.221-2005, SEC.71.
IC 3-11-10-16.5
Additional identifying information not received; treatment asprovisional ballot
Sec. 16.5. If the inspector finds under section 16(a) of this chapterthat the voter has not filed the additional information required to befiled with the county voter registration office under IC 3-7-33-4.5,but that all of the other findings listed under section 16(a) of thischapter apply, the inspector shall direct that the absentee ballot beprocessed as a provisional ballot under IC 3-11.7.
As added by P.L.209-2003, SEC.144. Amended by P.L.221-2005,SEC.72.
IC 3-11-10-17
Inspector; finding improper execution of requirements; ballots notto be accepted or counted
Sec. 17. (a) If the inspector finds under section 15 of this chapterthat any of the following applies, a ballot may not be accepted orcounted:
(1) The affidavit is insufficient or the ballot has not beenendorsed with the initials of:
(A) the two (2) members of the absentee voter board in theoffice of the circuit court clerk under IC 3-11-4-19 or section27 of this chapter;
(B) the two (2) members of the absentee voter board visitingthe voter under section 25(b) of the chapter; or
(C) the two (2) appointed members of the county electionboard or their designated representatives under IC 3-11-4-19.
(2) A copy of the voter's signature has been furnished to theprecinct election board and that the signatures do notcorrespond 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 secrecy 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:
(1) the absentee voter board under section 25(b) of this chapter;
(2) a member of the voter's household; or
(3) an individual serving as attorney in fact for the voter.
(d) An attestation under subsection (c) provides an adequate basisfor an inspector to determine that a signature or mark complies withsubsection (a)(2).
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.262;P.L.3-1997, SEC.304; P.L.38-1999, SEC.45; P.L.126-2002, SEC.69;P.L.1-2003, SEC.5; P.L.198-2005, SEC.11.
IC 3-11-10-18
Defective absentee ballots; endorsement; sealing of envelopeidentified by precinct and date; preservation
Sec. 18. Each ballot not accepted or counted for any of thereasons prescribed by section 17 of this chapter shall, without beingunfolded to disclose how it is marked, be endorsed with the words:"Rejected (giving the reason or reasons therefor)." All rejectedabsentee ballots shall be enclosed and securely sealed in an envelopeon which the inspector shall write the words: "Defective absenteeballots." The inspector shall also identify the precinct and the date ofthe election on the envelope containing the rejected ballots. Thedefective absentee ballots shall be returned to the same officer andin the same manner as prescribed by this title for the return andpreservation of official ballots cast and uncast at the election.
As added by P.L.5-1986, SEC.7.
IC 3-11-10-19
Signing and initialing of absentee ballot
Sec. 19. If a circuit court clerk has signed an absentee ballot andthe ballot has been initialed as prescribed by IC 3-11-4-19, no otherinitialing is required.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.263.
IC 3-11-10-20
Requirements before depositing absentee ballot in ballot box
Sec. 20. Before depositing an absentee ballot in a ballot box, theinspector shall:
(1) notify the challengers and the pollbook holders that theinspector is about to deposit an absentee ballot; and (2) provide the challengers and pollbook holders with the nameand address of the absentee voter so that the voter may bechallenged under this article.
As added by P.L.5-1986, SEC.7.
IC 3-11-10-21
Challenge of absentee vote; procedure
Sec. 21. The vote of an absentee voter may be challenged at thepolls for the reason that the absentee voter is not a legal voter of theprecinct where the ballot is being cast. The challenge under thissection regarding the absentee ballot must be determined using theprocedures for counting a provisional ballot under IC 3-11.7.
As added by P.L.5-1986, SEC.7. Amended by P.L.14-2004, SEC.122.
IC 3-11-10-22
Challenge of absentee vote; application considered as affidavit;procedure
Sec. 22. (a) If an absentee ballot is challenged under section 21 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 is made that would entitle the absenteevoter to vote if the absentee voter had personally appeared, then theabsentee ballot shall be placed in the ballot box.
As added by P.L.5-1986, SEC.7. Amended by P.L.109-2005, SEC.9.
IC 3-11-10-23
Death of absentee voter; disposition of ballot
Sec. 23. If proof is given to a precinct election board that anabsentee voter marked and forwarded an absentee ballot but diedbefore election day, then the inspector shall return the ballot of thedeceased voter with the other defective ballots to the officer issuingthe ballots. However, the casting of an absentee ballot by a deceasedvoter does not invalidate an election.
As added by P.L.5-1986, SEC.7.
IC 3-11-10-24
Requirements for voting absentee ballot by mail; voting procedure;delivery
Sec. 24. (a) Except as provided in subsection (b), a voter whosatisfies any of the following is entitled to vote by mail:
(1) The voter has a specific, reasonable expectation of beingabsent from the county on election day during the entire twelve(12) hours that the polls are open. (2) The voter will be absent from the precinct of the voter'sresidence on election day because of service as:
(A) a precinct election officer under IC 3-6-6;
(B) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10;
(C) a challenger or pollbook holder under IC 3-6-7; or
(D) a person employed by an election board to administerthe election for which the absentee ballot is requested.
(3) The voter will be confined on election day to the voter'sresidence, to a health care facility, or to a hospital because of anillness or injury during the entire twelve (12) hours that thepolls are open.
(4) The voter is a voter with disabilities.
(5) The voter is an elderly voter.
(6) The voter is prevented from voting due to the voter's care ofan individual confined to a private residence because of illnessor injury during the entire twelve (12) hours that the polls areopen.
(7) The voter is scheduled to work at the person's regular placeof employment during the entire twelve (12) hours that the pollsare open.
(8) The voter is eligible to vote under IC 3-10-11 or IC 3-10-12.
(9) The voter is prevented from voting due to observance of areligious discipline or religious holiday during the entire twelve(12) hours that the polls are open.
(10) The voter is an address confidentiality program participant(as defined in IC 5-26.5-1-6).
(11) The voter is a member of the military or public safetyofficer.
(b) A voter with disabilities who:
(1) is unable to make a voting mark on the ballot or sign theabsentee ballot secrecy envelope; and
(2) requests that the absentee ballot be delivered to an addresswithin Indiana;
must vote before an absentee voter board under section 25(b) of thischapter.
(c) If a voter receives an absentee ballot by mail, the voter shallpersonally mark the ballot in secret and seal the marked ballot insidethe envelope provided by the county election board for that purpose.The voter shall:
(1) deposit the sealed envelope in the United States mail fordelivery to the county election board; or
(2) authorize a member of the voter's household or theindividual designated as the voter's attorney in fact to:
(A) deposit the sealed envelope in the United States mail; or
(B) deliver the sealed envelope in person to the countyelection board.
(d) If a member of the voter's household or the voter's attorney infact delivers the sealed envelope containing a voter's absentee ballotto the county election board, the individual delivering the ballot shall
complete an affidavit in a form prescribed by the commission. Theaffidavit must contain the following information:
(1) The name and residence address of the voter whose absenteeballot is being delivered.
(2) A statement of the full name, residence and mailing address,and daytime and evening telephone numbers (if any) of theindividual delivering the absentee ballot.
(3) A statement indicating whether the individual delivering theabsentee ballot is a member of the voter's household or is theattorney in fact for the voter. If the individual is the attorney infact for the voter, the individual must attach a copy of the powerof attorney for the voter, unless a copy of this document hasalready been filed with the county election board.
(4) The date and location at which the absentee ballot wasdelivered by the voter to the individual delivering the ballot tothe county election board.
(5) A statement that the individual delivering the absentee ballothas complied with Indiana laws governing absentee ballots.
(6) A statement that the individual delivering the absentee ballotis executing the affidavit under the penalties of perjury.
(7) A statement setting forth the penalties for perjury.
(e) The county election board shall record the date and time thatthe affidavit under subsection (d) was filed with the board.
(f) After a voter has mailed or delivered an absentee ballot to theoffice of the circuit court clerk, the voter may not recast a ballot,except as provided in:
(1) section 1.5 of this chapter; or
(2) section 33 of this chapter.
As added by P.L.5-1986, SEC.7. Amended by P.L.4-1991, SEC.96;P.L.3-1995, SEC.106; P.L.3-1997, SEC.305; P.L.38-1999, SEC.46;P.L.126-2002, SEC.70; P.L.103-2005, SEC.12; P.L.120-2009,SEC.8.
IC 3-11-10-24.5
Education program to inform of effect of casting multiple votes forsingle office
Sec. 24.5. As required by 42 U.S.C. 15481, an election board mustestablish a voter education program (specific to a paper ballot oroptical scan ballot card provided as an absentee ballot under thischapter) to notify a voter of the effect of casting multiple votes for asingle office.
As added by P.L.209-2003, SEC.145. Amended by P.L.14-2004,SEC.123; P.L.164-2006, SEC.107.
IC 3-11-10-25
Confined voters or caregivers; voters with disabilities; visits byabsentee voter board; required information; obstruction orinterference with election officer
Sec. 25. (a) A voter who votes by absentee ballot because of:
(1) illness or injury; or (2) caring for a confined person at a private residence;
and who is within the county on election day may vote before anabsentee voter board or by mail.
(b) If requested by a voter described in subsection (a) or by avoter with disabilities whose precinct is not accessible to voters withdisabilities, an absentee voter board shall visit the voter's place ofconfinement, the residence of the voter with disabilities, or theprivate residence:
(1) during the regular office hours of the circuit court clerk;
(2) at a time agreed to by the board and the voter;
(3) on any of the twelve (12) days immediately before electionday; and
(4) only once before an election, unless:
(A) the confined voter is unavailable at the time of theboard's first visit due to a medical emergency; or
(B) the board, in its discretion, decides to make an additionalvisit.
(c) This subsection applies to a voter confined due to illness orinjury. An absentee voter board may not be denied access to thevoter's place of confinement if the board is present at the place ofconfinement at a time:
(1) agreed to by the board and the voter; and
(2) during the regular office hours of the circuit court clerk. Aperson who knowingly violates this subsection commitsobstruction or interference with an election officer in thedischarge of the officer's duty, a violation of IC 3-14-3-4.
(d) The county election board, by unanimous vote of the board'sentire membership, may authorize an absentee voter board to visit avoter who is confined due to illness or injury and will be outside thecounty on election day in accordance with the procedures set forth insubsection (b).
(e) As provided by 42 U.S.C. 15481, a voter casting an absenteeballot under this section must be:
(1) permitted to verify in a private and independent manner thevotes selected by the voter before the ballot is cast and counted;
(2) provided with the opportunity to change the ballot or correctany error in a private and independent manner before the ballotis cast and counted, including the opportunity to receive areplacement ballot if the voter is otherwise unable to change orcorrect the ballot; and
(3) notified before the ballot is cast regarding the effect ofcasting multiple votes for the office and provided anopportunity to correct the ballot before the ballot is cast andcounted.
(f) As provided by 42 U.S.C. 15481, when an absentee ballot isprovided under this section, the board must also provide the voterwith:
(1) information concerning the effect of casting multiple votesfor an office; and (2) instructions on how to correct the ballot before the ballot iscast and counted, including the issuance of replacement ballots.
(g) This subsection applies to a voter who applies to vote anabsentee ballot by mail. The county election board shall include acopy of the Absentee Voter's Bill of Rights with any absentee ballotmailed to the voter.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.264;P.L.10-1988, SEC.114; P.L.5-1989, SEC.56; P.L.4-1991, SEC.97;P.L.3-1993, SEC.152; P.L.3-1997, SEC.306; P.L.126-2002, SEC.71;P.L.209-2003, SEC.146; P.L.103-2005, SEC.13; P.L.164-2006,SEC.108.
IC 3-11-10-26
Voting before absentee voter board; time and place for voting;absentee uniformed services voters; proof of identification;assistance to voters
Sec. 26. (a) As an alternative to voting by mail, a voter is entitledto cast an absentee ballot before an absentee voter board:
(1) in the office of the circuit court clerk (or board of electionsand registration in a county subject to IC 3-6-5.2); or
(2) at a satellite office established under section 26.3 of thischapter.
(b) The voter must:
(1) sign an application on the form prescribed by thecommission under IC 3-11-4-5.1; and
(2) provide proof of identification;
before being permitted to vote. The application must be received bythe circuit court clerk not later than the time prescribed byIC 3-11-4-3.
(c) The voter may vote before the board not more thantwenty-nine (29) days nor later than noon on the day before electionday.
(d) An absent uniformed services voter who is eligible to vote byabsentee ballot in the circuit court clerk's office under IC 3-7-36-14may vote before the board not earlier than twenty-nine (29) daysbefore the election and not later than noon on election day. If a voterdescribed by this subsection wishes to cast an absentee ballot duringthe period beginning at noon on the day before election day andending at noon on election day, the county election board or absenteevoter board may receive and process the ballot at a locationdesignated by resolution of the county election board.
(e) The absentee voter board in the office of the circuit court clerkmust permit voters to cast absentee ballots under this section for atleast seven (7) hours on each of the two (2) Saturdays precedingelection day.
(f) Notwithstanding subsection (e), in a county with a populationof less than twenty thousand (20,000), the absentee voter board in theoffice of the circuit court clerk, with the approval of the countyelection board, may reduce the number of hours available to cast
absentee ballots under this section to a minimum of four (4) hours oneach of the two (2) Saturdays preceding election day.
(g) As provided by 42 U.S.C. 15481, a voter casting an absenteeballot under this section must be:
(1) permitted to verify in a private and independent manner thevotes selected by the voter before the ballot is cast and counted;
(2) provided with the opportunity to change the ballot or correctany error in a private and independent manner before the ballotis cast and counted, including the opportunity to receive areplacement ballot if the voter is otherwise unable to change orcorrect the ballot; and
(3) notified before the ballot is cast regarding the effect ofcasting multiple votes for the office and provided anopportunity to correct the ballot before the ballot is cast andcounted.
(h) As provided by 42 U.S.C. 15481, when an absentee ballot isprovided under this section, the board must also provide the voterwith:
(1) information concerning the effect of casting multiple votesfor an office; and
(2) instructions on how to correct the ballot before the ballot iscast and counted, including the issuance of replacement ballots.
(i) If:
(1) the voter is unable or declines to present the proof ofidentification; or
(2) a member of the board determines that the proof ofidentification provided by the voter does not qualify as proof ofidentification under IC 3-5-2-40.5;
the voter shall be permitted to cast an absentee ballot and the voter'sabsentee ballot shall be treated as a provisional ballot.
(j) A voter casting an absentee ballot under this section is entitledto cast the voter's ballot in accordance with IC 3-11-9.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.265;P.L.5-1989, SEC.57; P.L.4-1991, SEC.98; P.L.8-1992, SEC.27;P.L.3-1995, SEC.107; P.L.2-1996, SEC.185; P.L.3-1997, SEC.307;P.L.167-2001, SEC.7 and P.L.199-2001, SEC.23; P.L.126-2002,SEC.72; P.L.209-2003, SEC.147; P.L.14-2004, SEC.124;P.L.103-2005, SEC.14; P.L.164-2006, SEC.109; P.L.66-2010,SEC.24.
IC 3-11-10-26.2
Use of electronic voting system to vote by absentee ballot whenabsentee ballots are counted at central location
Sec. 26.2. (a) A:
(1) county election board; or
(2) board of elections and registration;
of a county subject to IC 3-11.5 may adopt a resolution to authorizethe circuit court clerk to use an electronic voting system for votingby absentee ballot in the office of the circuit court clerk or board ofelections and registration. (b) A resolution adopted under this section must be adopted by theunanimous vote of the board's entire membership.
(c) A resolution adopted under this section must provideprocedures to do the following:
(1) Secure absentee votes cast on an electronic voting systemthat provide protection comparable to the protection providedto absentee votes cast by paper ballot.
(2) Compare the signature on an absentee ballot applicationwith the applicant's signature on the applicant's voterregistration application.
(3) Ensure that an invalid ballot (as determined underIC 3-11.5) is not counted.
(d) A resolution adopted under this section may contain otherprovisions the board considers useful.
(e) If a resolution is adopted under this section, the circuit courtclerk may use as many electronic voting machines for recordingabsentee votes as the clerk considers necessary, subject to theresolution adopted by the board.
(f) Notwithstanding any other law, an absentee ballot voted on anelectronic voting system under this section is not required to bear theseal, signature, and initials prescribed by section 27 of this chapter.
(g) If a resolution is adopted under this section, the procedure forcasting an absentee ballot on an electronic voting system must,except as provided in this section, be substantially the same as theprocedure for casting an absentee ballot in the office of the circuitcourt clerk under section 26 of this chapter.
As added by P.L.69-2003, SEC.6. Amended by P.L.14-2004,SEC.125.
IC 3-11-10-26.3
Satellite offices
Sec. 26.3. (a) A county election board may adopt a resolution toauthorize the circuit court clerk to establish satellite offices in thecounty where voters may cast absentee ballots before an absenteevoter board.
(b) To be adopted under this section, a resolution must be adoptedby the unanimous vote of the board's entire membership.
(c) A resolution adopted under this section must do the following:
(1) State the locations of the satellite offices.
(2) State the hours at which absentee voting may occur at thesatellite offices.
(d) The resolution may contain other provisions the boardconsiders useful.
(e) If a resolution is adopted under this section, the procedure forcasting an absentee ballot at a satellite office must, except asprovided in this section, be substantially the same as the procedurefor casting an absentee ballot in the office of the circuit court clerk.
(f) A voter casting an absentee ballot under this section is entitledto cast the voter's ballot in accordance with IC 3-11-9. (g) A satellite office established by a circuit court clerk under thissection must comply with the polling place accessibilityrequirements of IC 3-11-8.
As added by P.L.167-2001, SEC.8 and P.L.199-2001, SEC.24.Amended by P.L.66-2010, SEC.25.
IC 3-11-10-26.5
Voting before absentee voter board during specific days and hoursonly
Sec. 26.5. (a) This section applies to:
(1) a municipal election;
(2) a primary conducted in a municipal election year; and
(3) a special election conducted under IC 3-10-8.
(b) Notwithstanding section 26 of this chapter, a county electionboard (or a town election board acting under IC 3-10-7) may adopta resolution by the unanimous vote of the board's entire membershipstating that voters are entitled to vote by absentee ballot before anabsentee voter board in the office of the circuit court clerk or townelection board during specific days and hours identified in theresolution.
(c) If the election board adopts a resolution under subsection (b),the board must include written findings of fact in the resolutionstating:
(1) the number of absentee ballot applications anticipated orpreviously received for the election;
(2) the expense to be incurred by providing absentee ballotvoting in the office during the entire period required undersection 26 of this chapter; and
(3) that voters would experience little or no inconvenience byrestricting absentee ballot voting in the office to the days andhours specified in the resolution.
As added by P.L.3-1995, SEC.108.
IC 3-11-10-27
Necessity of circuit court clerk's official seal and signature onabsentee ballots and initialing by election officials
Sec. 27. (a) This section does not apply to a ballot mailed to avoter under this chapter.
(b) Subject to IC 3-5-4-9, before a ballot is voted under section 25or 26 of this chapter before an absentee voter board, it must bear thecircuit court clerk's official seal and signature or facsimile signatureand be initialed by:
(1) the absentee voter board visiting the voter under section25(b) of this chapter (except in a county subject to subsection(c)); or
(2) the county election board or the board's designatedrepresentatives under IC 3-11-4-19 if the ballot is cast at theoffice of the circuit court clerk under section 26 of this chapter.
(c) A county election board may adopt a resolution providing thatthe absentee ballots to be voted before an absentee voter board
visiting the voter under section 25(b) of this chapter must be initialedby the county election board or the board's representatives underIC 3-11-4-19 and not by the absentee voter board visiting the voter.A resolution adopted under this subsection remains in effect untilrescinded by the county election board. The election board may notrescind the resolution during the final sixty (60) days before anelection.
(d) The initials must be in ink on the back of the ballot, in theperson's ordinary handwriting or printing, and without adistinguishing mark of any kind. No other initialing of the absenteeballot is necessary.
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.20;P.L.3-1987, SEC.266; P.L.10-1988, SEC.115; P.L.4-1991, SEC.99;P.L.3-1993, SEC.153; P.L.3-1997, SEC.308; P.L.126-2002, SEC.73;P.L.263-2003, SEC.3.
IC 3-11-10-28
Voting before absentee voter board; handling ballot; privacy;additional identifying information
Sec. 28. (a) A voter voting before an absentee voter board shallmark the voter's ballot in the presence of the board, but not in sucha manner that either of the members of the board can see for whomthe voter voted, unless the voter requests the help of the board inmarking a ballot under IC 3-11-9.
(b) The voter shall then, in the presence of the board, place theballot in an envelope furnished by the county election board.
(c) The circuit court clerk shall provide, to the extent practicable,the same degree of privacy to absentee voters voting at the office ofthe circuit court clerk as provided to voters at the polls on electionday.
(d) This subsection applies to a voter required to presentadditional information under IC 3-7-33-4.5. If the voter does notpresent the required additional information before receiving theabsentee ballot, the absentee ballot shall be processed in accordancewith section 4.5(c) of this chapter.
(e) Upon accepting the completed absentee ballot from the voter,the board shall provide the voter with a notice:
(1) listing the documentation the voter may submit to the countyvoter registration office to comply with IC 3-7-33-4.5; and
(2) stating the address and hours of the county voter registrationoffice.
As added by P.L.5-1986, SEC.7. Amended by P.L.4-1991, SEC.100;P.L.8-1992, SEC.28; P.L.209-2003, SEC.148; P.L.14-2004,SEC.126; P.L.221-2005, SEC.73.
IC 3-11-10-29
Affidavit on face of envelope
Sec. 29. The envelope required by section 28 of this chapter mustbear upon its face a printed affidavit containing the voter's
affirmation under penalties of perjury that the following informationis true:
The voter must indicate the voter's precinct and township (orward and city or town) and indicate whether the voter is entitledto vote as a resident of the precinct or is entitled to vote underIC 3-10-11 or IC 3-10-12.
The voter must sign and date the affidavit, and the absentee voterboard must sign the affidavit.
As added by P.L.5-1986, SEC.7. Amended by P.L.17-1993, SEC.16;P.L.12-1995, SEC.86; P.L.3-1995, SEC.109.
IC 3-11-10-30
Voters returning to place of residence before close of polls onelection day; voting in person
Sec. 30. Even though the voter may have applied for and receivedan absentee ballot, a voter who returns to the voter's place ofresidence before the close of the polls on election day may vote inperson under the conditions prescribed by section 31 or 32 of thischapter.
As added by P.L.5-1986, SEC.7.
IC 3-11-10-31
Voters not returning absentee ballot; voting in person; return ofballot to be marked "cancelled"
Sec. 31. If a voter has not returned an absentee ballot, then thevoter may vote in person. However, before the voter may vote, thevoter must return the ballot to the inspector. The absentee ballot shallbe marked "cancelled" and preserved with other defective ballots.
As added by P.L.5-1986, SEC.7.
IC 3-11-10-32
Appearance of voter
Sec. 32. If a voter has marked and returned an absentee ballot butappears in person at the precinct before the voter's name has beenmarked on the poll list under section 16 of this chapter, then the votermay:
(1) have the voter's absentee ballot envelope opened in thevoter's presence and the ballot contained in the envelopedeposited in the ballot box; or
(2) request a new ballot, which the voter may vote as any othervoter voting in person. However, before the voter may vote, theinspector shall take the unopened absentee ballot envelope andwrite upon the envelope the words "Unopened because voterappeared and voted in person". The envelope shall be preservedwith other defective ballots.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.110.
IC 3-11-10-33
Right to vote in person Sec. 33. An absentee voter may vote in person at the precinct untilthe voter's name has been marked on the poll list under section 16 ofthis chapter.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.111.
IC 3-11-10-34
Voter may vote when absentee ballot marked "Rejected asdefective"
Sec. 34. If an envelope containing an absentee ballot has beenmarked "Rejected as defective" and the voter appears in person at theprecinct before the polls close, the voter may vote as any other votervoting in person.
As added by P.L.5-1986, SEC.7.
IC 3-11-10-35
Unopened envelope containing absentee ballot
Sec. 35. (a) This section does not apply to an absentee ballotrequired to be treated as a provisional ballot under IC 3-11.7.
(b) If an envelope containing an absentee ballot has not beenopened before the close of the polls, then the envelope may not beopened without an order of a court.
As added by P.L.5-1986, SEC.7. Amended by P.L.209-2003,SEC.149; P.L.221-2005, SEC.74.
IC 3-11-10-36
Absentee voter boards; appointment; eligibility; service bycandidate or candidate's relative
Sec. 36. (a) Each county election board shall appoint absenteevoter boards.
(b) The absentee voter boards must consist of two (2) voters of thecounty, one (1) from each of the two (2) political parties that haveappointed members on the county election board. If a special electionis held for a local public question, the county election board may, byunanimous vote of the entire membership of the board, adopt aresolution to provide that the party membership requirement does notapply to absentee voter boards appointed to conduct the specialelection. A resolution adopted under this subsection may not berepealed and expires the day after the special election.
(c) An otherwise qualified person is eligible to serve on anabsentee voter board unless 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 c