CHAPTER 13. VOTING BY BALLOT CARD VOTING SYSTEM
IC 3-11-13
Chapter 13. Voting by Ballot Card Voting System
IC 3-11-13-1
Application of chapter
Sec. 1. This chapter applies to each precinct where voting is byballot card voting system.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.302.
IC 3-11-13-2
Permissible use of system; generally
Sec. 2. A county election board may use an approved ballot cardvoting system:
(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.5-1986, SEC.7. Amended by P.L.3-1987, SEC.303.
IC 3-11-13-3
Use of system at primary election; requisites
Sec. 3. A ballot card voting system may be used at a primaryelection only if the automatic tabulating machines for the systemwill:
(1) count only votes for the candidates of one (1) political party;
(2) reject all votes for an office when the number of votes forthe office exceeds the number that the voter is entitled to cast;and
(3) reject all votes cast for candidates of more than one (1)political party.
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.23;P.L.3-1987, SEC.304.
IC 3-11-13-4
Repealed
(Repealed by P.L.66-2003, SEC.55.)
IC 3-11-13-4.5
Education program to inform of effect of casting multiple ballotsfor single office
Sec. 4.5. 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 ballots for a single office on an optical scan ballotcard tabulated at a central location.
As added by P.L.209-2003, SEC.155. Amended by P.L.164-2006,SEC.113.
IC 3-11-13-5
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-11-13-6
Marking devices; preparation; time of system delivery to polls
Sec. 6. (a) Before an election at which a ballot card voting systemis used, a county election board shall:
(1) have the marking devices prepared for the election;
(2) have the marking devices put in order, set and adjusted, andmade ready for voting when delivered to the precincts; and
(3) provide the precinct election officers with marking devices,a demonstration marking device, ballot cards, ballot boxes,ballot labels, and other records and supplies as required.
(b) While acting under subsection (a), the county election boardmay restrict access to parts of the room where marking devices andother election material are being handled to safeguard this material.
(c) Each county election board shall have each ballot card votingsystem, along with all necessary furniture and appliances that go withthe system at the polls, delivered to the appropriate precinct not laterthan 6 p.m. of the day before election day. The county executiveshall provide transportation for the systems if requested to do so bythe county election board.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.306;P.L.3-1997, SEC.320; P.L.176-1999, SEC.79; P.L.239-2001, SEC.9;P.L.221-2005, SEC.76.
IC 3-11-13-7
Demonstration marking devices
Sec. 7. Demonstration marking devices may not bear the name ofany candidate or the text of any public question at an election.
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.120.
IC 3-11-13-8
Marking of ballot cards in secret
Sec. 8. Unless the marking devices enable the voter to mark aballot card in secret, a sufficient number of voting booths for eachprecinct shall be provided. The booths must be of a size and designso as to enable a voter to mark a ballot card in secret.
As added by P.L.5-1986, SEC.7.
IC 3-11-13-9
Sample ballots; requirements
Sec. 9. The public officials charged with the duty of providingballot cards or ballot labels shall also provide sample ballots. Thesample ballots must be:
(1) exact copies of the official ballot cards or ballot labels; and
(2) arranged in the form of a diagram showing the front of themarking device as it will appear on election day.
As added by P.L.5-1986, SEC.7.
IC 3-11-13-10
Posting sample ballots Sec. 10. The appropriate precinct election officers shall postsample ballots near the entrance to the polls on election day and seethat they are available to public inspection throughout the day.
As added by P.L.5-1986, SEC.7.
IC 3-11-13-11
Ballot information; arrangement
Sec. 11. (a) The ballot information, whether placed on the ballotcard or on the marking device, must be in the order of arrangementprovided for ballots under this section.
(b) Each county election board shall have the names of allcandidates for all elected offices, political party offices, and publicquestions printed on a ballot card as provided in this chapter. Thecounty may:
(1) print all offices and questions on a single ballot card; and
(2) include a ballot variation code to ensure that the properversion of a ballot is used within a precinct.
(c) Each type of ballot card must be of uniform size and of thesame quality and color of paper (except as permitted underIC 3-10-1-17).
(d) The nominees of a political party or an independent candidateor independent ticket (described in IC 3-11-2-6) nominated bypetitioners shall be listed on the ballot with the name and device setforth on the certification or petition. The circle containing the devicemay be of any size that permits a voter to readily identify the device.IC 3-11-2-5 applies if the certification or petition does not include aname or device, or if the same device is selected by two (2) or moreparties or petitioners.
(e) The offices on the general election ballot must be placed onthe ballot in the order listed in IC 3-11-2-12, IC 3-11-2-12.2,IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a), IC 3-11-2-13(a)through IC 3-11-2-13(c), IC 3-11-2-14(a), and IC 3-11-2-14(d). Theoffices and public questions may be listed in a continuous columneither vertically or horizontally and on a number of separate pages.However, school board offices, public questions concerning theretention of a justice or judge, local nonpartisan judicial offices, andlocal public questions must be placed at the beginning of separatecolumns.
(f) The name of each office must be printed in a uniform size inbold type. A statement reading substantially as follows must beplaced immediately below the name of the office and above the nameof the first candidate: "Vote for not more than (insert the number ofcandidates to be elected) candidate(s) for this office.".
(g) Below the name of the office and the statement required bysubsection (f), the names of the candidates for each office must begrouped together in the following order:
(1) The major political party whose candidate received thehighest number of votes in the county for secretary of state atthe last election is listed first. (2) The major political party whose candidate received thesecond highest number of votes in the county for secretary ofstate is listed second.
(3) All other political parties listed in the order that the parties'candidates for secretary of state finished in the last election arelisted after the party listed in subdivision (2).
(4) If a political party did not have a candidate for secretary ofstate in the last election or a nominee is an independentcandidate or independent ticket (described in IC 3-11-2-6), theparty or candidate is listed after the parties described insubdivisions (1), (2), and (3).
(5) If more than one (1) political party or independent candidateor ticket described in subdivision (4) qualifies to be on theballot, the parties, candidates, or tickets are listed in the orderin which the party filed its petition of nomination underIC 3-8-6-12.
(6) A space for write-in voting is placed after the candidateslisted in subdivisions (1) through (5), if required by law.
(7) The name of a write-in candidate may not be listed on theballot.
(h) The names of the candidates grouped in the order establishedby subsection (g) must be printed in type with uniform capital lettersand have a uniform space between each name. The name of thecandidate's political party, or the word "Independent" if the:
(1) candidate; or
(2) ticket of candidates for:
(A) President and Vice President of the United States; or
(B) governor and lieutenant governor;
is independent, must be placed immediately below or beside thename of the candidate and must be printed in a uniform size and type.
(i) All the candidates of the same political party for election toat-large seats on the fiscal or legislative body of a politicalsubdivision must be grouped together:
(1) under the name of the office that the candidates are seeking;
(2) in the order established by subsection (g); and
(3) within the political party, in alphabetical order according tosurname.
A statement reading substantially as follows must be placedimmediately below the name of the office and above the name of thefirst candidate: "Vote for not more than (insert the number ofcandidates to be elected) candidate(s) of ANY party for this office.".
(j) Candidates for election to at-large seats on the governing bodyof a school corporation must be grouped:
(1) under the name of the office that the candidates are seeking;and
(2) in alphabetical order according to surname.
A statement reading substantially as follows must be placedimmediately below the name of the office and above the name of thefirst candidate: "Vote for not more than (insert the number ofcandidates to be elected) candidate(s) for this office.". (k) The following information must be placed at the top of theballot before the first office is listed:
(1) The cautionary statement described in IC 3-11-2-7.
(2) The instructions described in IC 3-11-2-8, IC 3-11-2-10(c),and IC 3-11-2-10(d).
(l) The ballot must include a single connectable arrow, circle,oval, or square, or a voting position for voting a straight party or anindependent ticket (described in IC 3-11-2-6) by one (1) mark asrequired by section 14 of this chapter, and the single connectablearrow, circle, oval, or square, or the voting position for casting astraight party or an independent ticket ballot must be identified by:
(1) the name of the political party or independent ticket(described in IC 3-11-2-6); and
(2) immediately below or beside the political party's orindependent ticket's name, the device of that party or ticket(described in IC 3-11-2-5).
The name and device of each political party or independent ticketmust be of uniform size and type and arranged in the orderestablished by subsection (g) for listing candidates under each office.The instructions described in IC 3-11-2-10(b) for voting a straightparty ticket and the statement concerning presidential electorsrequired under IC 3-10-4-3 may be placed on the ballot beside orabove the names and devices within the voting booth in a locationthat permits the voter to easily read the instructions.
(m) A public question must be in the form described inIC 3-11-2-15(a) and IC 3-11-2-15(b), except that a single connectablearrow, a circle, or an oval may be used instead of a square. Except asexpressly authorized or required by statute, a county election boardmay not print a ballot card that contains language concerning thepublic question other than the language authorized by a statute.
(n) The requirements in this section:
(1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to optical scan ballots.
(o) The procedure described in IC 3-11-2-16 must be used whena ballot does not comply with the requirements imposed by this titleor contains another error or omission that might result in confusionor mistakes by voters.
(p) This subsection applies to an optical scan ballot that does notlist:
(1) the names of political parties or candidates; or
(2) the text of public questions;
on the face of the ballot. The ballot must be prepared in accordancewith this section, except that the ballot must include a numberedcircle or oval to refer to each political party, candidate, or publicquestion.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.307;P.L.58-2005, SEC.19; P.L.164-2006, SEC.114.
IC 3-11-13-12 Ballot labels; office title with statement of number, name, andparty designation of candidates
Sec. 12. If ballot labels consist of a number of separate pages, theoffice title with a statement of the number of candidates to be votedfor may be printed above or at the side of the name of each candidatefor that office. Except in a primary election, the political partydesignation or independent status of each candidate, which may beabbreviated, shall be printed following the candidate's name.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1993, SEC.165.
IC 3-11-13-13
Ballot labels; marking to indicate list of candidates continued onfollowing page
Sec. 13. If there are more candidates for an office than can beprinted on one (1) ballot page, the ballot label shall be clearlymarked that the list of candidates is continued on the following page.Arrows and numbers may be used to indicate the place to vote foreach candidate and on each public question.
As added by P.L.5-1986, SEC.7.
IC 3-11-13-14
Straight party or independent ticket voting; provision for singlemark designation on ballot
Sec. 14. In partisan elections, the ballot labels must include avoting square or position where a voter may by one (1) mark on eachcard record a straight party or an independent ticket vote for all thecandidates of one (1) political party or the independent ticket, exceptfor offices for which the voter has voted individually for a candidate.If the voter records a vote for the two (2) candidates comprising anindependent ticket, the vote must not count for any other independentcandidate on the ballot.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1993, SEC.166;P.L.221-2005, SEC.77.
IC 3-11-13-15
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-11-13-16
Rotation of names of candidates for nomination at primaryelection
Sec. 16. If a county election board requires that the names ofcandidates for nomination at a primary election be rotatedalphabetically on the marking devices, then the names shall berotated by precincts in regular serial sequence, so that each name ofa list or group of candidates for an office appears upon the markingdevices an equal number of times, as nearly as practicable, at the top,at the bottom, and in each intermediate place under the title of theoffice sought. Each type card within a precinct must be of the samerotation series.As added by P.L.5-1986, SEC.7.
IC 3-11-13-17
Precinct to be provided ballot cards suitable for processing byautomatic data processing machines
Sec. 17. Each county election board shall provide each precinctwhere a ballot card voting system is used with a sufficient number ofballot cards of the size, design, and stock suitable for processing byautomatic data processing machines.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.308.
IC 3-11-13-18
Ballot cards for write-in voting; standards to define a vote
Sec. 18. (a) The county election board in a county using a ballotcard voting system shall provide ballot cards to the precinct electionboard that permit voters to cast write-in votes for each officer to bevoted for at that election.
(b) The ballot cards provided under subsection (a) must be:
(1) designed to be folded; or
(2) accompanied by a secrecy envelope;
to ensure the secrecy of each of the votes cast by a voter.
(c) This subsection is enacted to comply with 42 U.S.C. 15481 byestablishing uniform and nondiscriminatory standards to define whatconstitutes a vote on an optical scan voting system. Except asprovided in subsection (d), a write-in vote shall be cast by printingthe name of the candidate and the title of the office in the spaceprovided for write-in votes on a ballot card or secrecy envelope.
(d) 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.
As added by P.L.5-1986, SEC.7. Amended by P.L.4-1991, SEC.106;P.L.38-1999, SEC.47; P.L.176-1999, SEC.80; P.L.239-2001,SEC.10; P.L.209-2003, SEC.156; P.L.14-2004, SEC.131;P.L.221-2005, SEC.78.
IC 3-11-13-19
Ballot cards and secrecy envelopes; precinct number ordesignation; line for poll clerk's initials
Sec. 19. Each circuit court clerk shall print or stamp the precinctnumber or designation and a line for each poll clerk's initials on botha ballot card and the ballot card's secrecy envelope before theelection.
As added by P.L.5-1986, SEC.7. Amended by P.L.4-1991, SEC.107.
IC 3-11-13-20
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-11-13-21 Ballot cards to be used in primary election to be distinctivelymarked or be of different color to distinguish party
Sec. 21. In a primary election, the ballot cards of each politicalparty must be distinctively marked or be of a different color so thatthe ballot cards of each party are easily distinguishable.
As added by P.L.5-1986, SEC.7. Amended by P.L.199-2001, SEC.25.
IC 3-11-13-22
Automatic tabulating machines; testing
Sec. 22. (a) At least fourteen (14) days before election day, thecounty election board of each county planning to use automatictabulating machines at the next election shall have the automatictabulating machines tested to ascertain that the machines willcorrectly count the votes cast for all candidates and on all publicquestions. Not later than seven (7) days after conducting the testunder this subsection, the county election board shall certify to theelection division that the test has been conducted in conformity withthis subsection.
(b) Public notice of the time and place shall be given at leastforty-eight (48) hours before the test. The notice shall be publishedonce in accordance with IC 5-3-1-4.
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.24;P.L.176-1999, SEC.81; P.L.26-2000, SEC.16.
IC 3-11-13-23
Observation of machine tests; certification
Sec. 23. (a) The two (2) appointed members of the county electionboard shall observe the test required by section 22 of this chapter andcertify the test as meeting the requirements of section 22 of thischapter.
(b) A copy of the certification of the test conducted under section22(b) of this chapter shall be filed with the election returns.
(c) The test must be open to representatives of political parties,candidates, the media, and the public.
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.25;P.L.2-1996, SEC.193; P.L.3-1997, SEC.321; P.L.176-1999, SEC.82;P.L.26-2000, SEC.17; P.L.14-2004, SEC.132.
IC 3-11-13-24
Testing machines; requirements
Sec. 24. The test required by section 22 of this chapter must:
(1) be conducted by processing a preaudited group of ballotcards marked so as to record a predetermined number of validvotes for each candidate and on each public question; and
(2) include for each office one (1) or more ballot cards that havevotes in excess of the number allowed by law in order to test theability of the automatic tabulating machines to reject the votes.
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.26;P.L.26-2000, SEC.18; P.L.221-2005, SEC.79.
IC 3-11-13-25
Testing machines; detection of error; determination of cause andcorrection
Sec. 25. If an error is detected during the test required by section22 of this chapter, the cause of the error shall be determined andcorrected, and an errorless count shall be made before the automatictabulating machines are approved.
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.27;P.L.5-1988, SEC.9; P.L.26-2000, SEC.19.
IC 3-11-13-26
Sealing tabulating machines following completion of count
Sec. 26. After completion of the count, the tabulating machinesshall be sealed as provided in IC 3-12-3-10. The ballot cards and allother election materials shall be sealed, retained, and disposed of asprovided for paper ballots.
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.28;P.L.3-1987, SEC.309; P.L.176-1999, SEC.83; P.L.26-2000, SEC.20;P.L.221-2005, SEC.80.
IC 3-11-13-26.5
Instructional displays
Sec. 26.5. (a) Each county election board may make available atconvenient places throughout the county ballot card voting systemsfor the instruction of the voters. The board shall locate the systemsat places where people usually assemble, such as shopping centers.The board shall have the systems attended at convenient hoursdesignated by the board by persons able to instruct others in theiruse. The county chairmen of the major political parties of the statemust approve the persons attending the systems under this section.
(b) Each ballot card voting system used for instructional purposesmust contain the names of all candidates and a description of allpublic questions as they will appear on the official sample ballot forthe system on election day. However, the system may not be set torecord a tally or total.
As added by P.L.3-1987, SEC.310. Amended by P.L.3-1993,SEC.167.
IC 3-11-13-27
Determination of system readiness; certification
Sec. 27. (a) After the delivery of a ballot card voting system to aprecinct, the precinct election board may meet at the polls on thesame day and open the package containing the sample ballot cards,to determine whether the system is ready for use in accordance withsection 16 of this chapter. If a ballot card voting system is not incompliance with that section, the board shall immediately label, setand adjust, and place the system in order or have it done.
(b) While acting under subsection (a), the precinct election boardmay restrict access to parts of the room where marking devices andother election material are being handled to safeguard this material. (c) On the morning of election day, the precinct election officersshall meet at the polls at least one (1) hour before the time foropening 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.
(d) Before the opening of the polls, the precinct election officersshall do the following:
(1) Compare the ballot cards used in the marking device withthe sample ballots furnished and determine whether the names,numbers, and letters are in agreement.
(2) Determine that the system records that zero (0) votes havebeen cast for each candidate and on each public question.
(3) Assure that the system is otherwise in perfect order.
(e) The officers then shall certify that:
(1) the marking device and the sample ballots are in agreement;
(2) the system records zero (0) votes cast; and
(3) the system appears to be in perfect order.
Forms shall be provided for certification, and the certification shallbe filed with the election returns.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.311;P.L.3-1997, SEC.322; P.L.221-2005, SEC.81.
IC 3-11-13-27.5
Opening and delivering ballots and marking devices
Sec. 27.5. At the opening of the polls, after the organization ofand in the presence of the precinct election board, the inspector shall:
(1) open the packages of ballot cards in a manner that preservesthe seals intact;
(2) deliver fifty (50) of each of the state and local ballots to thepoll clerk representing the opposite political party; and
(3) deliver to the other poll clerk a device for marking theballots.
As added by P.L.3-1987, SEC.312. Amended by P.L.176-1999,SEC.84.
IC 3-11-13-28
Initial of poll clerks on ballot card
Sec. 28. (a) This section does not apply to a ballot card voted byabsentee ballot.
(b) The two (2) poll clerks of each precinct shall place theirinitials in ink on the back of each ballot card at the time the card isissued to a voter. The initials must be in the poll clerks' ordinaryhandwriting or printing and without a distinguishing mark of anykind.
(c) Except as provided in IC 3-12-1-12, a ballot card is not validunless it is initialed by both poll clerks.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.313;P.L.3-1993, SEC.168; P.L.176-1999, SEC.85. IC 3-11-13-28.5
Poll clerk initials on ballot cards; information for voters on effectof casting multiple votes for single office; correction of ballot byvoter
Sec. 28.5. (a) Unless challenged, a voter may proceed to vote.
(b) As each successive voter calls for a ballot, the poll clerks shalldeliver to the voter the first initialed ballot of each type. Theinspector shall then deliver to the poll clerks another ballot of eachtype, which the clerks shall initial as before.
(c) This subsection applies to an optical scan ballot card ballottabulated at a central location. As provided by 42 U.S.C. 15481,when a voter receives an optical scan ballot card ballot, the boardmust also provide the voter with:
(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.3-1987, SEC.314. Amended by P.L.4-1996, SEC.70;P.L.38-1999, SEC.48; P.L.176-1999, SEC.86; P.L.239-2001,SEC.12; P.L.209-2003, SEC.158; P.L.221-2005, SEC.82;P.L.164-2006, SEC.115.
IC 3-11-13-28.7
Poll clerk initials on secrecy envelopes; standards to define a vote
Sec. 28.7. (a) The two (2) poll clerks of each precinct shall placetheir initials in ink on the secrecy envelope of a ballot card (or on thefold-over part of a ballot card described in section 18(b)(1) of thischapter) at the time the card is issued to a voter. The initials must bein the poll clerk's ordinary handwriting or printing and without adistinguishing mark of any kind.
(b) This subsection is enacted to comply with 42 U.S.C. 15481 byestablishing uniform and nondiscriminatory standards to define whatconstitutes a vote on an optical scan voting system. A write-in votecast on a secrecy envelope or fold-over envelope:
(1) is not valid unless:
(A) the secrecy envelope is initialed by both poll clerks; and
(B) the vote includes both the name of the write-in candidateand the office for which the write-in vote is cast; and
(2) makes the secrecy envelope or fold-over envelope a ballotfor purposes of this title.
As added by P.L.4-1991, SEC.108. Amended by P.L.3-1993,SEC.169; P.L.3-1997, SEC.323; P.L.176-1999, SEC.87;P.L.209-2003, SEC.159; P.L.221-2005, SEC.83.
IC 3-11-13-29
Instructions to voters; location of instructions; rights of voter incasting ballot
Sec. 29. (a) In addition to the instructions printed on the ballotcard or ballot labels, instructions to voters shall be posted in eachvoting booth or placed on the marking device. Each voter shall be
instructed by both judges, on request, on how to operate the votingdevice before the voter enters the voting booth.
(b) The instructions posted in the voting booth or placed on themarking device must state the following:
(1) That the voter should examine the ballot card to determineif it contains the initials of the poll clerks in ink on the back ofthe card.
(2) That the voter should not make an unnecessary mark on theballot card because the mark may void the card.
(3) That the voter should examine the ballot card to determineif the card has any mark (other than the initials of the pollclerks) before voting.
(4) That the voter should return the ballot card to the poll clerksand request another ballot card if:
(A) the poll clerks' initials have not been properly placed onthe card;
(B) the card has a mark (other than the initials of the pollclerks) before the voter places a voting mark on the ballot;or
(C) the voter has improperly marked the card.
(5) That the voter should examine the ballot card after voting todetermine that all marks made on the card to indicate the voter'sselections have been completely marked.
(c) As provided by 42 U.S.C. 15481, a voter casting an opticalscan ballot card 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 the opportunity to change the ballot or correct anyerror in a private and independent manner before the ballot iscast 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.315;P.L.209-2003, SEC.160; P.L.221-2005, SEC.84; P.L.164-2006,SEC.116.
IC 3-11-13-30
Instructions to voter
Sec. 30. When a voter is handed a ballot card, the voter shall beinstructed to:
(1) use only the marking device provided for marking the cardsand that the voter is not to mark a card in any other way;
(2) be certain that the initials of the poll clerks appear on thevoter's card and that if the initials are not on the card it will notbe counted, except as provided by IC 3-12-1-12; and (3) place the voter's card in an envelope after the voter hasvoted or to fold the card in a manner so that no card is exposedupon which a choice is indicated.
As added by P.L.5-1986, SEC.7. Amended by P.L.176-1999, SEC.88;P.L.221-2005, SEC.85.
IC 3-11-13-31
Assisting voter in determining proper initials on ballot card
Sec. 31. If necessary, a precinct election officer shall assist a voterin determining if the proper initials appear on a ballot card.
As added by P.L.5-1986, SEC.7.
IC 3-11-13-31.5
Visual placement of voting booths
Sec. 31.5. (a) The exterior of a voting booth or compartment andeach area of the polls must be in plain view of the precinct electionboard. Each voting booth or compartment shall be placed so that aperson voting on the opposite side of the railing or a person on theoutside of the polls cannot see or determine how a voter votes. Theinspector, judges, and poll clerks may not remain or allow any otherperson to remain in a position or near a position that would permitthem to see or ascertain how a voter votes.
(b) Only one (1) voter may occupy a booth or compartment at onetime. Booths shall be constructed and arranged so that all membersof the precinct election board can see whether more than one (1)voter enters a booth at any one time.
As added by P.L.3-1987, SEC.316.
IC 3-11-13-31.7
Voting procedure; standards to define a vote
Sec. 31.7. (a) This section is enacted to comply with 42 U.S.C.15481 by establishing uniform and nondiscriminatory standards todefine what constitutes a vote on an optical scan voting system.
(b) After receiving ballot cards, a voter shall, without leaving theroom, go alone into one (1) of the booths or compartments that isunoccupied and indicate:
(1) the candidates for whom the voter desires to vote bymarking the connectable arrows, circles, ovals, or squaresimmediately beside:
(A) the candidates' names; or
(B) the numbers referring to the candidates; and
(2) the voter's preference on each public question by markingthe connectable arrow, oval, or square beside:
(A) the word "yes" or "no" under the question; or
(B) the number referring to the word "yes" or "no" on theballot.
(c) If an election is a general or municipal election and a voterdesires to vote for all the candidates of one (1) political party orindependent ticket (described in IC 3-11-2-6), the voter may mark:
(1) the circle enclosing the device; or (2) the connectable arrow, circle, oval, or square described insection 11 of this chapter;
that designates the candidates of that political party or independentticket (described in IC 3-11-2-6). The voter's vote shall then becounted for all the candidates of that political party or included in theindependent ticket (described in IC 3-11-2-6). However, if the votermarks the circle, arrow, oval, or square of an independent ticket(described in IC 3-11-2-6), the vote shall not be counted for any otherindependent candidate on the ballot.
As added by P.L.3-1987, SEC.317. Amended by P.L.3-1993,SEC.170; P.L.176-1999, SEC.89; P.L.209-2003, SEC.161;P.L.58-2005, SEC.20; P.L.221-2005, SEC.86.
IC 3-11-13-32
Additional instruction to voter after entering voting booth
Sec. 32. If a voter needs additional instruction after entering thevoting booth, the voter may request assistance from the two (2)judges. The judges shall then approach but not enter the booth andcall out the additional instructions to the voter.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.318.
IC 3-11-13-32.5
Occupation of voting booth; time limits; refusal to leave
Sec. 32.5. (a) At a primary election, a voter may not remain in thevoting booth or compartment longer than three (3) minutes.
(b) At a general, municipal, or special election, a voter may notremain in the voting booth or compartment longer than two (2)minutes.
(c) If a voter refuses to leave a voting booth or compartment afterthe lapse of the time provided under subsection (a) or (b), theprecinct election board, or the election sheriff or sheriffs upon theorder of the board, shall immediately remove the voter from thebooth or compartment.
As added by P.L.3-1987, SEC.319.
IC 3-11-13-32.8
Disclosure of vote by voter before its registration; effect
Sec. 32.8. If a voter shows the voter's ballot card or a part of thecard to another person after the card has been marked so as todisclose any of the candidates voted for or how the voter voted on apublic question, the ballot card may not be deposited in a ballot box.A record of the occurrence shall be made on the poll list, and thevoter may not vote again at the election.
As added by P.L.3-1987, SEC.320. Amended by P.L.10-1988,SEC.121.
IC 3-11-13-33
Processing voted ballot; poll list entry of voting
Sec. 33. (a) After a voter has marked a ballot card, the voter shallplace it inside the envelope provided for this purpose or fold the
envelope described in section 18(b)(1) of this chapter and return theballot card to the judge.
(b) The judge shall offer to return the envelope with the ballotcard inside to the voter. The voter shall:
(1) accept the envelope and deposit it in the ballot box; or
(2) decline the envelope and require the judge to deposit it inthe ballot box.
(c) If a voter offers to vote a ballot card that is not inside theenvelope provided for this purpose or with the envelope not foldedif the ballot is described in section 18(b)(1) of this chapter, theprecinct election board shall direct the voter to return to the boothand place the ballot card in the envelope provided for this purpose orfold the envelope.
(d) After a voter's ballot cards have been deposited in the ballotbox, the poll clerks shall make a voting mark after the voter's nameon the poll list.
(e) After voting, a voter shall leave the polls. However, a voter towhom ballot cards and a marking device have been delivered maynot leave the polls without voting the ballot cards or returning themto the poll clerk from whom the voter received them.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.321;P.L.4-1996, SEC.71; P.L.38-1999, SEC.49; P.L.176-1999, SEC.90;P.L.239-2001, SEC.13; P.L.221-2005, SEC.87.
IC 3-11-13-34
Repealed
(Repealed by P.L.176-1999, SEC.134.)
IC 3-11-13-34.5
Repealed
(Repealed by P.L.176-1999, SEC.134.)
IC 3-11-13-35
Defaced or defective ballot cards
Sec. 35. If a voter spoils or defaces a ballot card or marks iterroneously, the voter shall return the card so as not to disclose anychoices that the voter has made.
As added by P.L.5-1986, SEC.7. Amended by P.L.38-1999, SEC.52;P.L.176-1999, SEC.91; P.L.239-2001, SEC.14; P.L.221-2005,SEC.88.
IC 3-11-13-36
Securing marking devices on closing of polls
Sec. 36. As soon as the polls are closed, the inspector shall securethe marking devices against further voting.
As added by P.L.5-1986, SEC.7.
IC 3-11-13-37
Confirmation of count Sec. 37. If a petition is filed under section 38 of this chapter, thecounty election board shall confirm that the votes cast in an election:
(1) for each candidate and each public question; and
(2) on a ballot card voting system in a precinct specified undersection 38 of this chapter;
were correctly counted by the system.
As added by P.L.6-1986, SEC.29. Amended by P.L.3-1987, SEC.322.
IC 3-11-13-38
Petition for confirmation of vote cast
Sec. 38. Each county chairman for either of the major parties inthe county may petition the county election board for confirmationof the vote cast on a ballot card voting system no earlier than theSaturday before an election and no later than the Thursday after anelection. The petition may specify not more than five percent (5%)of the precincts or five (5) precincts, whichever is greater, in whicha ballot card voting system was used for an audit under section 37 ofthis chapter.
As added by P.L.6-1986, SEC.30. Amended by P.L.3-1987, SEC.323.
IC 3-11-13-39
Audit requirement
Sec. 39. The county election board shall conduct an audit undersection 37 of this chapter by means of tests and procedures that areapproved by the commission and independent of the provider of theballot card voting system being audited.
As added by P.L.6-1986, SEC.31. Amended by P.L.3-1987, SEC.324;P.L.2-1996, SEC.194.
IC 3-11-13-40
Certification of results of audit
Sec. 40. The county election board shall certify the results of anaudit under section 37 of this chapter not later than noon twelve (12)days after the election. The certification must be on the formprescribed by the commission. One (1) copy shall be filed with theelection returns, and one (1) copy must be delivered to the electiondivision.
As added by P.L.6-1986, SEC.32. Amended by P.L.2-1996, SEC.195;P.L.3-1997, SEC.325.
IC 3-11-13-41
Notice of audit
Sec. 41. Public notice of the time and place of an audit undersection 37 of this chapter shall be given at least forty-eight (48) hoursbefore the audit. The notice shall be published once in accordancewith IC 5-3-1-4. However, if publication in accordance withIC 5-3-1-4 will not allow the county election board to certify theresults of the audit within ten (10) days after the election, notice shallbe given by posting it:
(1) at or near the county courthouse; and (2) at the post office serving the county courthouse.
As added by P.L.6-1986, SEC.33.
IC 3-11-13-42
Municipal election use of ballot card voting system
Sec. 42. If a county has procured ballot card voting systems foruse, the ballot card voting systems may be used at a municipalelection. If there are not sufficient ballot card voting systems on handfor each precinct of the municipality, the county election board shalldetermine in what precincts ballot card voting systems will be usedat the election.
As added by P.L.3-1987, SEC.325.
IC 3-11-13-43
Municipal elections where ballot card voting system supplied;supplies; expenses
Sec. 43. (a) If ballot card voting systems are used in a municipalelection, the county election board shall furnish to the municipality:
(1) the requisite number of ballot card voting systems; and
(2) all the furniture and appliances that go with the ballot cardvoting systems.
(b) However, the municipality shall pay the expenses of movingthe ballot card voting systems and furniture to and from the polls andalso for any damage or loss to the ballot card voting systems orfurniture.
As added by P.L.3-1987, SEC.326.
IC 3-11-13-44
Appointment of person to observe preparation of automatictabulating machines; term; duties; compensation
Sec. 44. (a) The county chairman of each major political party ofthe county may appoint one (1) person to observe:
(1) the ordering and the setting and adjustment of automatictabulating machines under section 6 of this chapter;
(2) the testing of automatic tabulating machines under section22 of this chapter; and
(3) the determination of the cause of and correction of errors inthe counting of ballot cards under section 25 of this chapter.
(b) The county chairman shall file the name of a person appointedunder this section with the circuit court clerk.
(c) A person appointed under this section serves until:
(1) the county chairman notifies the circuit court clerk that theperson's appointment has been revoked;
(2) the county chairman notifies the clerk that the person hasdied; or
(3) the person files a letter of resignation with the clerk.
(d) A person appointed under subsection (a):
(1) may attend the ordering and the setting and the adjustmentof the automatic tabulating machines only as a witness; (2) shall remain silent and subject to the orders of the board;and
(3) may not obstruct or interfere with the ordering and settingand adjustment of the automatic tabulating machines.
(e) A person appointed under subsection (a) is not entitled tocompensation for services except from the political party of thecounty chairman making the appointment.
As added by P.L.5-1989, SEC.62.