CHAPTER 11. VOTING BY PAPER BALLOT
IC 3-11-11
Chapter 11. Voting by Paper Ballot
IC 3-11-11-1
Application of chapter
Sec. 1. This chapter applies to each precinct where voting is bypaper ballot.
As added by P.L.5-1986, SEC.7.
IC 3-11-11-1.1
Paper ballot use by county election board
Sec. 1.1. A county election board may use paper ballots:
(1) in any election;
(2) in all or in some of the precincts within a politicalsubdivision holding an election; and
(3) instead of or in combination with any other voting method.
As added by P.L.3-1987, SEC.269.
IC 3-11-11-1.2
Education program to inform of effect of casting multiple votes forsingle office
Sec. 1.2. As required by 42 U.S.C. 15481, an election board mustestablish a voter education program to notify a voter of the effect ofcasting multiple votes for a single office on a paper ballot.
As added by P.L.209-2003, SEC.150. Amended by P.L.14-2004,SEC.129; P.L.164-2006, SEC.110.
IC 3-11-11-1.5
Sample ballots
Sec. 1.5. The election division shall provide each county electionboard the number of sample ballots for each precinct consideredadequate by the county election board. The sample ballots must be:
(1) exact copies of the official ballots furnished by the electiondivision; and
(2) printed on different colored paper than the official ballots.
As added by P.L.3-1987, SEC.270. Amended by P.L.2-1996,SEC.186; P.L.3-1997, SEC.311.
IC 3-11-11-1.6
Separate enclosure and delivery of sample ballots
Sec. 1.6. The election division shall enclose the sample ballots ina separate wrapper or envelope from that of other papers deliveredby the election division to the circuit court clerk and deliver them tothe clerk or the messenger authorized by the clerk to receive theballots.
As added by P.L.3-1987, SEC.271. Amended by P.L.2-1996,SEC.187; P.L.3-1997, SEC.312.
IC 3-11-11-1.7
Sample ballots supplied for precincts; posting of copies Sec. 1.7. (a) Each county election board shall provide an adequatenumber of sample ballots for each precinct of the county. The countyelection board shall arrange the sample ballots in the form of adiagram showing:
(1) the political party and independent tickets;
(2) the offices to be filled;
(3) the names of the candidates; and
(4) the public questions;
in the same order in which they will occur on the official ballotsprinted under the jurisdiction of the election division and the countyelection board. However, if presidential electors are to be voted forat an election, then the ballot of each party or independent ticketmust be in the form prescribed by IC 3-10-4-1.
(b) This subsection applies to a county having a population ofmore than four hundred thousand (400,000) but less than sevenhundred thousand (700,000). At least ten (10) days before anelection, each county election board shall duplicate, distribute, andcause to be posted copies of official sample ballots:
(1) received from the election division; and
(2) prepared by the county election board;
to schools, fire stations, county courthouses, and other publicbuildings in the county.
As added by P.L.3-1987, SEC.272. Amended by P.L.10-1988,SEC.116; P.L.7-1991, SEC.5; P.L.12-1992, SEC.9; P.L.3-1993,SEC.155; P.L.2-1996, SEC.188; P.L.3-1997, SEC.313.
IC 3-11-11-1.8
Time of delivery to polls of ballots and equipment
Sec. 1.8. Each county election board shall have the ballots and allnecessary furniture and appliances that go with the ballots at thepolls delivered to the appropriate precinct not later than 6 p.m. of theday before election day. The county executive shall providetransportation for the material if requested to do so by the countyelection board.
As added by P.L.3-1987, SEC.273.
IC 3-11-11-1.9
Comparison of sample ballots with ones supplied; certification
Sec. 1.9. (a) Before the opening of the polls, the precinct electionboard shall compare the ballots with the sample ballots anddetermine whether the names, numbers, and letters are in agreement.The board then shall certify that the ballots and the sample ballotsare in agreement. Forms shall be provided for certification, and thecertification shall be filed with the election returns.
(b) The inspector of each precinct, or a person under the directionof the inspector, shall post sample ballots near the entrance of thechute for the precinct. The ballots must be available for publicinspection throughout election day.
As added by P.L.3-1987, SEC.274.
IC 3-11-11-2
Voting preparations; ballot box
Sec. 2. (a) On the morning of election day, the precinct electionofficers shall meet at the polls at least one (1) hour before the timefor opening the polls. The inspector then shall have:
(1) the boundaries of the chute designated;
(2) the sample ballots and instruction cards posted; and
(3) everything put in readiness for the commencement of votingat the opening of the polls.
(b) At the opening of the polls, the inspector and judges shall seethat there are no ballots in the ballot box before the voting begins.After the inspection of the box, the inspector shall:
(1) securely lock the box;
(2) give one (1) key to the judge of the opposite political party;and
(3) retain one (1) key.
(c) Once securely locked, the ballot box may not be opened againuntil after the polls have been closed and the precinct election boardis ready to immediately proceed with the counting, except asotherwise provided for central counting.
(d) The voting booths or compartments must be of a size anddesign to permit a voter to mark ballots in secret.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.275;P.L.221-2005, SEC.75.
IC 3-11-11-3
Opening package of ballots; delivery of ballots and writinginstrument
Sec. 3. At the opening of the polls, after the organization of andin the presence of the precinct election board, the inspector shall:
(1) open the packages of ballots in a manner that preserves theseals intact;
(2) deliver twenty-five (25) of each of the state and local ballotsto the poll clerk of the opposite political party; and
(3) deliver to the other poll clerk a pen for marking the ballots.
As added by P.L.5-1986, SEC.7. Amended by P.L.5-1989, SEC.59;P.L.3-1993, SEC.156.
IC 3-11-11-4
Initial of poll clerk on each ballot
Sec. 4. Upon receipt of the ballots and pen under section 3 of thischapter, the poll clerks or assistant poll clerks immediately shallplace their initials in ink on the back of each ballot. The initials mustbe in the clerks' ordinary handwriting or printing and without adistinguishing mark of any kind.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.276;P.L.3-1993, SEC.157.
IC 3-11-11-5
Delivery of initialed ballots by type as voters call for them Sec. 5. Following the resolution of any challenge to a voter, aseach successive voter calls for a ballot, the poll clerks or assistantpoll clerks shall deliver to the voter the first initialed ballot of eachtype. The inspector shall then deliver to the clerks another ballot ofeach type, which the clerks shall initial as before.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.277.
IC 3-11-11-6
Delivery of ballots and writing instrument to voter; explanations
Sec. 6. (a) After a voter has signed the poll list, one (1) of the pollclerks or assistant poll clerks shall deliver to the voter one (1) of eachballot that the voter is entitled to vote at the election and one (1)pencil or pen. Both judges, on request, shall give an explanation ofthe voting method. If necessary, a precinct election officer shallassist a voter in determining if the proper initials appear on a ballot.
(b) As provided by 42 U.S.C. 15481, when a voter receives apaper ballot 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.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.278;P.L.5-1989, SEC.60; P.L.3-1993, SEC.158; P.L.209-2003, SEC.151;P.L.164-2006, SEC.111.
IC 3-11-11-7
Standards to define a vote; voting procedure; marking; write-invotes
Sec. 7. (a) This section is enacted to comply with 42 U.S.C. 15481by establishing uniform and nondiscriminatory standards to definewhat constitutes a vote on a paper ballot.
(b) After receiving ballots under section 6 of this chapter, a votershall, without leaving the room, go alone into one (1) of the boothsor compartments that is unoccupied and indicate:
(1) the candidates for whom the voter desires to vote by makinga voting mark on or in the squares immediately before thecandidates' names; and
(2) the voter's preference on each public question by making avoting mark in front of the word "yes" or "no" under thequestion.
(c) Write-in votes shall be cast by:
(1) making a voting mark on or in the square immediatelybefore the space provided for write-in voting; and
(2) printing the name of the candidate in the space provided forwrite-in voting.
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.21;P.L.4-1991, SEC.102; P.L.209-2003, SEC.152.
IC 3-11-11-8
One voter in booth; additional instruction to voter in booth
Sec. 8. (a) Only one (1) voter may occupy a booth or compartmentat one time. Booths shall be constructed and arranged so that allmembers of the precinct election board can see whether more thanone (1) voter enters a booth at any one time. However, a voter whois a parent, grandparent, or other person caring for a minor child maytake the child into the voting booth.
(b) If a voter needs additional instruction after entering the votingbooth, the voter may request assistance from the two (2) judges. Thejudges shall then approach but not enter the voting booth and call outadditional instructions to the voter.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.279;P.L.4-1991, SEC.103.
IC 3-11-11-9
Voting to be private; rights of voter in casting vote
Sec. 9. (a) A voter shall mark all ballots while screened fromobservation. The exterior of a voting booth or compartment and eacharea of the polls must be in plain view of the precinct election board.Each voting booth or compartment shall be placed so that a personvoting on the opposite side of the railing or a person on the outsideof the polls cannot see or determine how a voter votes. The inspector,judges, and poll clerks may not remain or allow any other person toremain in a position or near a position that would permit them to seeor ascertain how a voter votes.
(b) As provided by 42 U.S.C. 15481, a voter casting a paper ballotunder 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.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.280;P.L.209-2003, SEC.153; P.L.164-2006, SEC.112.
IC 3-11-11-10
Voting straight ticket; mark; count
Sec. 10. If an election is a general or municipal election and avoter desires to vote for all the candidates of one (1) political partyor group of petitioners, the voter may make a voting mark on or in alarge circle enclosing the device and before the name under whichthe candidates of the party or group of petitioners are printed. Thevoter's vote shall then be counted for all the candidates under that
party name or for the two (2) candidates comprising an independentticket.
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.22;P.L.3-1987, SEC.281; P.L.3-1993, SEC.159.
IC 3-11-11-10.5
Voting booth occupancy; time limits; refusal to leave
Sec. 10.5. (a) At a primary election, a voter may not remain in thevoting booth longer than three (3) minutes.
(b) At a general, municipal, or special election, a voter may notremain in the voting booth longer than two (2) minutes.
(c) If a voter refuses to leave the voting booth after the lapse ofthe time provided under subsection (a) or (b), the precinct electionboard, or the election sheriff or sheriffs upon the order of the board,shall immediately remove the voter from the booth.
As added by P.L.3-1987, SEC.282.
IC 3-11-11-11
Folding of ballot before leaving booth or compartment; noexposure of face of ballot; exposure of poll clerk's initials
Sec. 11. Before leaving the booth or compartment, a voter shallfold each of the voter's ballots separately so that:
(1) no part of the face of a ballot is exposed; and
(2) the initials of the poll clerks or assistant poll clerks areexposed.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.283.
IC 3-11-11-12
Folding of ballot before leaving booth or compartment; improperfolding; voter to be directed to fold ballot properly
Sec. 12. If a voter offers to vote a ballot folded so that it does notdisclose the initials of the poll clerks or assistant poll clerks whilealso not disclosing the face of the ballot, the precinct election boardshall direct the voter to return to the booth and fold the ballotproperly.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.284.
IC 3-11-11-13
Return of pencil and delivery of ballot after leaving compartment
Sec. 13. After leaving the booth or compartment, a voter shallreturn the pencil to the poll clerk or assistant poll clerk and displaythe initials on the ballots to the inspector (or to the judge who istemporarily authorized to act for the inspector).
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.285;P.L.1-1994, SEC.6.
IC 3-11-11-14
Deposit of ballots in ballot box Sec. 14. Upon displaying the initials on the ballots to the inspector(or the judge who is temporarily authorized to act for the inspector),the voter shall:
(1) deposit the ballots in the ballot box; or
(2) deliver the ballots to the inspector, who shall deposit theballots in the ballot box.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.286.
IC 3-11-11-15
Marking poll list to show voters who have voted
Sec. 15. After a voter's ballots have been deposited in the ballotbox, the poll clerks or assistant poll clerks shall make a voting markafter the name of the voter on the poll list.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.287.
IC 3-11-11-16
Disclosure of ballot; record
Sec. 16. If a voter shows the voter's ballot or a part of the ballotto another person after the ballot has been marked so as to discloseany of the candidates voted for or how the voter voted on a publicquestion, the ballot may not be deposited in a ballot box. A record ofthe occurrence shall be made on the poll list, and the voter may notvote again at the election.
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.117.
IC 3-11-11-17
Voter to leave polls after voting; requirement of voting orreturning ballot; returning of pencil
Sec. 17. After voting, a voter shall leave the polls. However, avoter to whom ballots and a pencil have been delivered may notleave the polls without:
(1) voting the ballots or returning them to the poll clerk; and
(2) returning the pencil to the poll clerk from whom the voterreceived it.
As added by P.L.5-1986, SEC.7.
IC 3-11-11-18
Spoiling, defacing, or mutilating ballot; receipt of another ballot;record; disposition of ballot
Sec. 18. A voter who by accident or mistake spoils, defaces, ormutilates the voter's ballot may, by returning the ballot to the pollclerks or assistant poll clerks and satisfying them that the spoiling,defacing, or mutilation was not intentional, receive another ballot.The poll clerks or assistant poll clerks shall make a record of the facton the poll list, and the ballot shall then be marked "VOID" by theprecinct election board in the presence of the voter and returned withthe other election materials as required by IC 3-10-1-31 orIC 3-10-1-31.1.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.288;P.L.14-2004, SEC.130.
IC 3-11-11-19
Repealed
(Repealed by P.L.10-1988, SEC.238.)