CHAPTER 2. GENERAL ELECTION BALLOT FORM
IC 3-11-2
Chapter 2. General Election Ballot Form
IC 3-11-2-0.5
Applicability
Sec. 0.5. (a) This chapter applies only to paper ballots.
(b) This chapter does not apply to:
(1) an electronic voting system; or
(2) an optical scan voting system.
As added by P.L.58-2005, SEC.14. Amended by P.L.164-2006,SEC.87.
IC 3-11-2-1
Repealed
(Repealed by P.L.14-2004, SEC.196.)
IC 3-11-2-2
Repealed
(Repealed by P.L.1-2006, SEC.588.)
IC 3-11-2-2.1
All candidates and public questions in election districts in countyon ballot
Sec. 2.1. Each county election board shall have the:
(1) names of all candidates for election to offices or retention inoffices; and
(2) state and local public questions;
in election districts wholly or partially within the county printed ona ballot as provided in this chapter. The county may print all officeson a single ballot under this section.
As added by P.L.14-2004, SEC.94. Amended by P.L.164-2006,SEC.88.
IC 3-11-2-3
Requirements of size, quality and color, and thickness
Sec. 3. Each type of ballot or paster must be:
(1) of uniform size;
(2) of the same quality and color of paper; and
(3) sufficiently thick that the printing cannot be distinguishedfrom the back.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.198.
IC 3-11-2-4
Color of pasters
Sec. 4. The chairman or committee responsible for supplyingpasters under IC 3-11-3-29 shall supply pasters of the same color asthe ballot on which the paster will be placed.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.199;P.L.3-1995, SEC.94; P.L.3-1997, SEC.257; P.L.66-2003, SEC.35.
IC 3-11-2-5
Name and device; listing of nominees
Sec. 5. The nominees of a:
(1) major political party;
(2) political party described by IC 3-8-4-10; or
(3) group of petitioners under IC 3-8-6 who are identified by thepetition as the nominees of a political party;
shall be listed on the ballots under the name of the party orpetitioners as designated by them in their certificate or petition. If thesame device is selected by two (2) parties it shall be given to theparty that first filed the device under IC 3-8-7-11.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.200;P.L.230-2005, SEC.50.
IC 3-11-2-6
Name and device; order; political party; write-in voting
Sec. 6. (a) The device named and list of nominees shall be placedon the ballots as follows:
(1) The major political party whose candidate received thehighest number of votes in the county for secretary of state atthe last election in the first column or row on the left side of allballots.
(2) The major political party whose candidate received thesecond highest number of votes in the county for secretary ofstate at the last election in the second column or row.
(3) Any other political party in the same order.
(b) If a political party did not have a candidate for secretary ofstate in the last election or a nominee is an independent candidate (oran independent ticket for President and Vice President of the UnitedStates or for governor and lieutenant governor), the party orindependent candidate or ticket shall be placed on the ballot after theparties described in subsection (a). If more than one (1) politicalparty or independent candidate or ticket that has qualified to be onthe ballot did not have a candidate for secretary of state in the lastelection, those parties, candidates, or tickets shall be listed on theballot in the order in which the party filed its petition of nominationunder IC 3-8-6-12.
(c) Subject to subsection (e), a column or row for write-in votingshall be placed to the right of all party and independent columns onthe ballot.
(d) This subsection applies to a county having a population ofmore than four hundred thousand (400,000) but less than sevenhundred thousand (700,000). If there is insufficient room on a row tolist each candidate of a political party, a second or subsequent rowmay be utilized. However, a second or subsequent row may not beutilized unless the first row, and all preceding rows, have been filled.
(e) A column or row for write-in voting for an office is notrequired if there are no declared write-in candidates for that office.However, procedures must be implemented to permit write-in votingfor candidates for federal offices.As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.201;P.L.7-1991, SEC.4; P.L.4-1991, SEC.60; P.L.12-1992, SEC.7;P.L.3-1993, SEC.115; P.L.14-2004, SEC.95.
IC 3-11-2-7
Cautionary statement
Sec. 7. The following statement shall be printed in underlinedprint at the extreme top of a ballot to be used in an election coveredby this title: "It is a crime to falsify this ballot or to violate Indianaelection laws.".
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.202;P.L.221-2005, SEC.40.
IC 3-11-2-8
Instructions; form, location, and contents
Sec. 8. All written or printed instructions must be at the top of theballot immediately below the statement required by section 7 of thischapter. No other instructions or writing may appear at any otherplace on the ballot, including the ballot for federal and state offices,except as specified by this title. The instructions must be in Englishand any other language that the board considers necessary, clear,concise, and written so that a voter will not be confused about theeffect of the voter's voting mark and vote.
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.16;P.L.3-1987, SEC.203; P.L.221-2005, SEC.41.
IC 3-11-2-9
Device of political parties or independent ticket
Sec. 9. The device of each political party or independent ticketdescribed in section 6 of this chapter shall be:
(1) enclosed in a circle not less than three-fourths (3/4) of aninch in diameter; and
(2) placed under the name of the party or independent ticket, asrequired by section 10 of this chapter.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.204;P.L.3-1993, SEC.116; P.L.14-2004, SEC.96.
IC 3-11-2-10
Arrangement of ballot
Sec. 10. (a) The name or title of the political party or independentticket described in section 6 of this chapter shall be placed at the topof the ballot. The device of the political party or independent ticketshall be placed immediately under the name of the political party orindependent ticket. The instructions for voting a straight party ticketshall be placed to the right of the device.
(b) The instructions for voting a straight party ticket must conformas nearly as possible to the following: "To vote a straight (insertpolitical party name) ticket for all (political party name) candidateson this ballot, make a voting mark on or in this circle and do notmake any other marks on this ballot. If you wish to vote for a
candidate seeking a nonpartisan office or on a public question, youmust make another voting mark on the appropriate place on thisballot.".
(c) If the ballot contains an independent ticket described in section6 of this chapter and at least one (1) other independent candidate, theballot must also contain a statement that reads substantially asfollows: "A vote cast for an independent ticket will only be countedfor the candidates for President and Vice President or governor andlieutenant governor comprising that independent ticket. This votewill NOT be counted for any OTHER independent candidateappearing on the ballot.".
(d) The ballot must also contain a statement that readssubstantially as follows: "A write-in vote will NOT be countedunless the vote is for a DECLARED write-in candidate. To vote fora write-in candidate, you must make a voting mark on or in thesquare to the left of the name you have written in or your vote willnot be counted.".
(e) The list of candidates of the political party shall be placedimmediately under the instructions for voting a straight party ticket.The names of the candidates shall be placed three-fourths (3/4) of aninch apart from center to center of the name. The name of eachcandidate must have, immediately on its left, a square three-eighths(3/8) of an inch on each side.
(f) The election division or the circuit court clerk may authorizethe printing of ballots containing a ballot variation code to ensurethat the proper version of a ballot is used within a precinct.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.205;P.L.3-1993, SEC.117; P.L.4-1996, SEC.60; P.L.3-1997, SEC.258;P.L.14-2004, SEC.97; P.L.58-2005, SEC.15.
IC 3-11-2-11
Repealed
(Repealed by P.L.3-1993, SEC.282.)
IC 3-11-2-11.5
Names of write-in candidates not printed on ballot
Sec. 11.5. The name of a write-in candidate may not be printed onany ballot.
As added by P.L.3-1997, SEC.259.
IC 3-11-2-12
Ballot order of offices
Sec. 12. The following offices shall be placed on the generalelection ballot in the following order:
(1) Federal and state offices:
(A) President and Vice President of the United States.
(B) United States Senator.
(C) Governor and lieutenant governor.
(D) Secretary of state.
(E) Auditor of state. (F) Treasurer of state.
(G) Attorney general.
(H) Superintendent of public instruction.
(I) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specifiedunder IC 33, with each division separate if there is more thanone (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwisespecified under IC 33, with each division separate if there ismore than one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Judge of the county court, with each division separate,as required by IC 33-30-3-3.
(E) Prosecuting attorney.
(F) Clerk of the circuit court.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to inIC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common councilmember.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
As added by P.L.3-1987, SEC.207. Amended by P.L.8-1989, SEC.8;P.L.3-1997, SEC.260; P.L.14-2004, SEC.98; P.L.98-2004, SEC.37;P.L.2-2005, SEC.4; P.L.146-2008, SEC.6.
IC 3-11-2-12.2
Order of districts and candidates on ballot
Sec. 12.2. (a) Whenever candidates are to be elected to an officethat includes more than one (1) district, the districts shall be placedon the ballot in alphabetical or numerical order, according to thedesignation given to the district.
(b) Whenever candidates are to be elected to an office thatincludes both an at-large member and a member representing adistrict, the candidates seeking election as an at-large member shallbe placed on the ballot before candidates seeking election torepresent a district.
As added by P.L.4-1996, SEC.61.
IC 3-11-2-12.5
Ballot order; alternative order of county offices
Sec. 12.5. Notwithstanding section 12 of this chapter, the countyelection board may alter the prescribed ballot order to place thenames of the candidates for the following offices before the namesof the candidates for county judicial offices:
(1) Prosecuting attorney.
(2) Clerk of the circuit court.
(3) The county offices listed in section 12(4) of this chapter.
As added by P.L.4-1991, SEC.61.
IC 3-11-2-12.7
Ballot order; candidates for at-large seats on fiscal or legislativebody of political subdivision
Sec. 12.7. (a) This section applies to candidates for election toat-large seats on the fiscal or legislative body of a politicalsubdivision.
(b) Candidates shall be listed in alphabetical order according tosurname within each row or column on the ballot.
(c) In each row or column on the ballot in which the names ofcandidates appear, the ballot shall contain a statement readingsubstantially as follows above the name of the first candidate: "Votefor not more than (insert number of candidates to be elected)candidates of ANY party for this office.".
(d) If more than one (1) candidate for an at-large seat wasnominated by the same petition of nomination, these candidates shallbe listed in alphabetical order by surname within the same row orcolumn on the ballot, with the position of the row or column beingdetermined under section 6 of this chapter.
As added by P.L.3-1997, SEC.261. Amended by P.L.14-2004,SEC.99; P.L.164-2006, SEC.89.
IC 3-11-2-12.8
Repealed
(Repealed by P.L.146-2008, SEC.801.)
IC 3-11-2-12.9 Ballot order; school board offices
Sec. 12.9. (a) School board offices to be elected at the generalelection shall be placed on the general election ballot after the officesdescribed in section 12 of this chapter.
(b) School board offices shall be placed in a separate column onthe ballot.
(c) If the ballot contains a candidate for a school board office, theballot must also contain a statement that reads substantially asfollows: "To vote for a candidate for this office, make a voting markon or in the square to the left of the candidate's name.".
As added by P.L.83-1999, SEC.1. Amended by P.L.58-2005, SEC.16.
IC 3-11-2-13
Ballot order; retention of justice or appellate judge; ratification ofconstitutional amendment
Sec. 13. (a) The following offices and public questions shall beplaced on the general election ballot in the following order after theoffices described in section 12.9 of this chapter:
(1) Retention of a justice of the supreme court.
(2) Retention of a judge of the court of appeals.
(3) Retention of the judge of the tax court.
(4) Ratification of a state constitutional amendment.
(b) Whenever more than one (1) justice of the supreme court issubject to retention, the name of each justice must appear on theballot in alphabetical order. However, if the justice serving as chiefjustice is subject to retention, the chief justice's name must appearfirst.
(c) Whenever more than one (1) judge of the court of appeals issubject to retention, the name of each judge must appear on the ballotin alphabetical order. However, if the judge serving as chief judge issubject to retention, the chief judge's name must appear first.
(d) These offices and public questions shall be placed in aseparate column on the ballot.
As added by P.L.3-1987, SEC.208. Amended by P.L.4-1991, SEC.62;P.L.83-1999, SEC.2; P.L.58-2005, SEC.17.
IC 3-11-2-14
Ballot order; other offices and public questions
Sec. 14. (a) The following offices and public questions shall beplaced on the general election ballot in the following order after theoffices and public questions described in section 13 of this chapter:
(1) Retention of a local judge.
(2) Local nonpartisan judicial offices.
(3) Local public questions.
(b) These offices and public questions shall be placed in aseparate column on the ballot.
(c) If the ballot contains a candidate for a local nonpartisanjudicial office, the ballot must also contain a statement that readssubstantially as follows: "To vote for a candidate for this office,
make a voting mark on or in the square to the left of the candidate'sname.".
(d) If more than one (1) local public question concerning theretention of a local judge is to be placed on a ballot, the publicquestions shall be placed on the ballot:
(1) in alphabetical order according to the surname of the localjudge; and
(2) identifying the court (including division or room) in whichthe judge serves.
As added by P.L.3-1987, SEC.209. Amended by P.L.4-1996, SEC.62;P.L.83-1999, SEC.3; P.L.58-2005, SEC.18.
IC 3-11-2-14.5
Ballot order; candidates for at-large seats on governing body ofschool corporation
Sec. 14.5. (a) This section applies to candidates for election toat-large seats on the governing body of a school corporation.
(b) Candidates shall be listed in alphabetical order according tosurname.
(c) The ballot shall contain a statement reading substantially asfollows above the name of the first candidate: "Vote for no more than(insert number of candidates to be elected) candidates for thisoffice.".
As added by P.L.3-1997, SEC.262.
IC 3-11-2-15
Form of public question
Sec. 15. (a) A public question shall be placed on the generalelection ballot in the following form:
(The explanatory text for the public question,
if required by law)
"Shall (insert public question)?"
[] YES
[] NO
(b) In addition to any other explanatory text required by law, theballot must also contain a statement that reads substantially asfollows: "To vote on this public question, make a voting mark on orin the square to the left of the word "YES" or "NO".".
(c) Except as expressly authorized or required by statute, thecommission, the election division, or a county election board may notauthorize the printing or use of ballots that contain languageconcerning the public question other than the language authorized bya statute.
As added by P.L.3-1987, SEC.210. Amended by P.L.4-1996, SEC.63;P.L.3-1997, SEC.263.
IC 3-11-2-16
Errors or omissions in ballot; determination by commission orelection board; reprint or use of defective ballot Sec. 16. (a) If the commission or an election board determines thata ballot printed under the authority of the commission or electionboard does not comply with a requirement imposed by this title orcontains any other error or omission that might result in confusion ormistakes by voters, the election division or board shall:
(1) reprint or correct the ballot; or
(2) conduct a public hearing concerning the defective ballots.
(b) The commission or board may conduct the hearing afterinforming each political party, ticket, or candidate that thecommission or board determines may have an interest in the matter.
(c) At the hearing, the commission or board shall hear anytestimony offered by a person concerning the defective ballots andshall make findings of fact concerning the following:
(1) The number of ballots, if any, containing the error oromission that have already been cast.
(2) The cost of correcting the error through the use of pasters,reprinted ballots, or any other suitable method.
(3) Whether the error or omission would be likely to causeconfusion or mistakes by voters.
(4) Whether any voter objects to the use of the ballots,notwithstanding the error or omission.
(d) If:
(1) a voter does not file a written objection to the use of theballots with the commission or board before the commission orboard concludes the hearing; and
(2) the commission or board determines that the use of theballots would not be likely to cause confusion or mistakes byvoters;
the commission or board shall authorize the use of the defectiveballots, notwithstanding the error or omission.
(e) If:
(1) a voter files a written objection to the use of the ballots withthe election division or board before the commission or boardconcludes the hearing; or
(2) the commission or board determines that the use of theballots would be likely to cause confusion or mistakes byvoters;
the commission or board shall order the ballots to be reprinted oraltered to conform with the requirements of this title.
(f) If the commission or board acts under subsection (a) or (e), avoter who has already voted a defective ballot by absentee ballot isentitled to recast the voter's ballot in accordance with IC 3-11-10-1.5.Notwithstanding the issuance of an order under subsection (e), adefective ballot shall be counted if the intent of the voter can bedetermined and the ballot would otherwise be counted underIC 3-12-1.
As added by P.L.3-1993, SEC.118. Amended by P.L.3-1997,SEC.264.