CHAPTER 3. DISTRIBUTION OF BALLOTS AND OTHER SUPPLIES
IC 3-11-3
Chapter 3. Distribution of Ballots and Other Supplies
IC 3-11-3-1
Application of chapter
Sec. 1. This chapter applies to each precinct.
As added by P.L.5-1986, SEC.7.
IC 3-11-3-2
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-11-3-3
Paper ballots for precincts where voting systems not sufficient toregister all votes
Sec. 3. If, in the judgment of a county election board, the numberof voters in a precinct of the county where a voting system is used forvoting is so large that the voting system in use will not be sufficientto register the vote of all the voters in the precinct, the board may usepaper ballots in addition to the voting system. The voting by paperballot is subject to all the restrictions prescribed by this article.
As added by P.L.5-1986, SEC.7. Amended by P.L.2-1996, SEC.135;P.L.3-1997, SEC.266; P.L.221-2005, SEC.42.
IC 3-11-3-4
Seal for ballots; design; restriction on use
Sec. 4. The election division shall provide a seal for the ballots.The seal may be of a design considered proper by the electiondivision, but the same design may not be used for two (2)consecutive elections.
As added by P.L.5-1986, SEC.7. Amended by P.L.2-1996, SEC.136;P.L.3-1997, SEC.267.
IC 3-11-3-5
Repealed
(Repealed by P.L.5-1989, SEC.120.)
IC 3-11-3-6
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-11-3-7
Repealed
(Repealed by P.L.38-1999, SEC.73.)
IC 3-11-3-8
Repealed
(Repealed by P.L.3-1997, SEC.475.)
IC 3-11-3-9 Repealed
(Repealed by P.L.38-1999, SEC.73.)
IC 3-11-3-10
Receipt of ballots and other supplies by inspector or member ofprecinct election board
Sec. 10. The inspector of each precinct, or another member of theprecinct election board authorized in writing by the inspector, shallappear at the office of the county election board of the inspector'scounty on the second or third day before election day to receiveballots and other supplies.
As added by P.L.5-1986, SEC.7.
IC 3-11-3-11
Delivery of ballots and ballot supplies
Sec. 11. The county election board shall deliver the following toeach inspector or the inspector's representative:
(1) The supplies provided for the inspector's precinct by theelection division.
(2) The local sample ballots, the ballot labels, if any, and allpoll lists, registration lists, and other supplies considerednecessary to conduct the election in the inspector's precinct.
(3) The local ballots printed under the direction of the countyelection board as follows:
(A) In those precincts where ballot card voting systems areto be used, the number of ballots at least equal to onehundred percent (100%) of the number of voters in theinspector's precinct, according to the poll list.
(B) In those precincts where electronic voting systems are tobe used, the number of ballots that will be required to beprinted and furnished to the precincts for emergencypurposes only.
(C) Provisional ballots in the number considered necessaryby the county election board.
(4) Twenty (20) ink pens suitable for printing the names ofwrite-in candidates on the ballot or ballot envelope.
(5) Copies of the voter's bill of rights for posting as required by42 U.S.C. 15482.
(6) Copies of the instructions for a provisional voter required by42 U.S.C. 15482. The county election board shall provide atleast the number of copies of the instructions as the number ofprovisional ballots provided under subdivision (3).
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.214;P.L.4-1991, SEC.63; P.L.2-1996, SEC.139; P.L.3-1997, SEC.270;P.L.126-2002, SEC.41; P.L.209-2003, SEC.105; P.L.230-2005,SEC.51.
IC 3-11-3-12
Packaging of ballots; attestation by circuit court clerk; inspector'sreceipt; packages not to be opened Sec. 12. (a) The ballots delivered to the inspector of each precinctunder section 11 of this chapter shall be placed in a strong and stoutpaper envelope or bag, which shall then be tightly closed, fastenedsecurely, and attested by the initials of the circuit court clerk or theclerk's designee in the presence of the inspector or the inspector'srepresentative. The inspector shall sign a receipt for the ballots. Theballot packages may not be opened until:
(1) they have been delivered to the precinct election board towhich they are directed; and
(2) the precinct election board is fully organized and ready forthe reception of votes.
(b) The provisional ballots delivered to the inspector of eachprecinct under section 11 of this chapter shall be placed in a strongand stout paper envelope or bag, separate from the bag described insubsection (a), which shall then be tightly closed, fastened securely,and attested by the initials of the circuit court clerk or the clerk'sdesignee in the presence of the inspector or the inspector'srepresentative. The inspector shall sign a receipt for the provisionalballots. The provisional ballot packages may not be opened until:
(1) they have been delivered to the precinct election board towhich they are directed; and
(2) the precinct election board is fully organized and ready toreceive votes.
As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.42;P.L.221-2005, SEC.43.
IC 3-11-3-13
Dispatch of special messenger to pick up ballots on failure ofinspector; report to county election board
Sec. 13. If an inspector (or the inspector's representative) fails toappear at the office of the circuit court clerk by the close of thesecond day before election day, the county election board shallimmediately dispatch a special messenger to the inspector's precinctwith the ballots for the precinct. After delivering the ballots, themessenger shall promptly report to the county election board and filewith it:
(1) the receipt of the person to whom the messenger deliveredthe ballots; and
(2) the messenger's affidavit stating when and to whom themessenger delivered the ballots.
As added by P.L.5-1986, SEC.7.
IC 3-11-3-14
Messenger's compensation and mileage allowance
Sec. 14. If a county election board dispatches a messenger undersection 13 of this chapter, the messenger is entitled to receive:
(1) two dollars ($2) for time; and
(2) a mileage allowance at a rate determined by the countyfiscal body for the distance necessarily traveled.
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1997, SEC.3.
IC 3-11-3-15
Failure of inspector to appear at circuit court clerk's office underIC 3-11-3-10
Sec. 15. If an inspector fails to appear at the office of the circuitcourt clerk under section 10 of this chapter, the inspector is notentitled to compensation for services at the election.
As added by P.L.5-1986, SEC.7.
IC 3-11-3-16
Poll lists; voter registration lists; preparation; delivery toinspectors
Sec. 16. Each county election board shall prepare and havedelivered to the inspectors of the precincts, at the time they receivethe ballots for their precincts, a suitable number of voter registrationlists certified under IC 3-7-29 and any other forms, papers,certificates, and oaths that are required to be furnished to precinctelection boards. The forms and papers must be prepared incompliance with IC 3-5-4-8. The county voter registration officeshall cooperate with the county election board in the preparation ofthe lists certified under IC 3-7-29.
As added by P.L.5-1986, SEC.7. Amended by P.L.209-2003,SEC.106; P.L.164-2006, SEC.90.
IC 3-11-3-17
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-3-18
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-3-19
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-3-20
Voters' poll list cover
Sec. 20. On the front cover of the bound looseleaf poll list sheetsor the book form poll lists the following should be printed:
(1) The heading: "VOTERS' POLL LIST COVER".
(2) A notice to the inspector that after the polls are closed thepoll list that has been used in the precinct on election dayshould be assembled and enclosed in a separate envelopeprovided for that purpose and delivered to the clerk of thecircuit court of the county in which the election is held with theother election returns as provided in this title.
(3) The signatures of the inspector, judges, and clerks of theelection board, certifying the following:
(A) That the signatures shown in the list is the record of thevoters' poll list. (B) The type of election.
(C) The date of the election.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.97;P.L.4-1996, SEC.64.
IC 3-11-3-21
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-3-22
Instruction cards; write-in voting notice cards; printing anddelivery
Sec. 22. (a) Each county election board shall have printed in atleast 14 point type on cards in English, braille, and any otherlanguage that the board considers necessary, the following:
(1) Instructions for the guidance of voters in preparing theirballots.
(2) Instructions explaining the procedure for write-in voting.
(3) Write-in voting notice cards that must be posted in eachprecinct that utilizes a voting system that does not permit avoter to alter the voter's ballot after making a voting mark for awrite-in candidate so that the voter may vote for a candidate forthat office whose name appears on the ballot.
(b) The write-in notice cards described in subsection (a)(3) mustinform all voters that a voter:
(1) who wants to cast write-in votes may cast the voter's balloton the voting system required to be available to all voters in theprecinct under IC 3-11-15-13.3(e); and
(2) may choose to cast the voter's ballot on the voting systemdescribed in subdivision (1) without being required to indicateto any individual that the voter wishes to cast a ballot on thevoting system because the voter intends to cast a ballot for awrite-in candidate.
(c) The board shall furnish the number of cards it determines tobe adequate for each precinct to the inspector at the same time theboard delivers the ballots for the precinct and shall furnish amagnifier upon request to a voter who requests a magnifier to readthe cards.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.216;P.L.4-1991, SEC.64; P.L.3-1993, SEC.120; P.L.221-2005, SEC.44;P.L.164-2006, SEC.91.
IC 3-11-3-23
Instruction cards; contents
Sec. 23. (a) The cards required by section 22 of this chapter mustcontain instructions to the voters as to what must be done to:
(1) obtain ballots for voting;
(2) prepare ballots for voting; and
(3) obtain a new ballot in place of one accidentally defaced,mutilated, or spoiled. (b) The cards must contain, in underlined type, the following:
(1) That it is a crime to violate Indiana election laws.
(2) That the voter should examine the ballot to determine if itcontains the initials of the poll clerks in ink on the back of theballot.
(3) That the voter should examine the ballot to determine if theballot has any mark (other than the initials of the poll clerks)before voting.
(4) That the voter should not make any mark on the ballotexcept a voting mark in the manner provided by IC 3-12-1because a mark other than a voting mark may void the ballot.
(5) That the voter should return the ballot to the poll clerks andrequest another ballot if:
(A) the poll clerks' initials have not been properly placed onthe ballot;
(B) the ballot 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 ballot.
(c) The cards must also set out copies of IC 3-14-2-16,IC 3-14-2-17, IC 3-14-3-10, IC 3-14-3-13, IC 3-14-3-15,IC 3-14-3-16, and IC 3-14-4-9.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.217.
IC 3-11-3-24
Instruction cards; posting
Sec. 24. The inspector of each precinct shall have the cardsrequired by section 22 of this chapter posted as follows:
(1) One (1) of each card in each place or compartment providedfor the preparation of ballots.
(2) One (1) of each card at or close to the outer end of the chute.
(3) At least three (3) of each card in and about the polls.
As added by P.L.5-1986, SEC.7. Amended by P.L.69-2003, SEC.3.
IC 3-11-3-25
Sample ballots; posting
Sec. 25. As required by 42 U.S.C. 15482, the inspector of eachprecinct shall post the samples of each of the state and local ballotsprovided by the county election board under this article in and aboutthe polls. The sample ballots shall be printed on different paper thanthe genuine ballots.
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.102;P.L.209-2003, SEC.111.
IC 3-11-3-26
Loss or destruction of ballots delivered to county election board;report; affidavit of circumstances; resupply
Sec. 26. If by accident or casualty the ballots delivered to a countyelection board, circuit court clerk, inspector, or other messenger arelost or destroyed, the person in custody of the ballots shall report the
loss at once to the election board from which the ballots wereobtained. The person in custody of the ballots shall make an affidavitof the circumstances of the loss, and the election board from whichthe ballots were obtained immediately shall resupply the person.
As added by P.L.5-1986, SEC.7.
IC 3-11-3-27
Failure or refusal to report and make proof of loss of ballots
Sec. 27. If the person in custody of the ballots fails or refuses toreport and make proof of the loss as required by section 26 of thischapter, then any voter may do so. Upon such a report the electionboard from which the ballots were obtained immediately shall senda new supply of ballots by special messenger, as provided in othercases.
As added by P.L.5-1986, SEC.7.
IC 3-11-3-28
Securing ballots or other means of voting when none available
Sec. 28. If for any reason there are no ballots or other necessarymeans for voting at the opening of the polls, the precinct electionboard shall secure them as quickly as possible. If necessary, theboard may have ballots printed. However, the ballots must conformas nearly as possible to the official ballots. The printing and the careof the ballots are governed by the same provisions and penalties asthe printing and care of the other ballots prescribed by this article.
As added by P.L.5-1986, SEC.7.
IC 3-11-3-29
Pasters; candidates appointed after printing of ballots and beforeelection; name change
Sec. 29. (a) If a new candidate is appointed or selected underIC 3-13-1 or IC 3-13-2 after the printing of ballots and before theelection, the election division or the election board may print ballotscontaining the name of the new candidate.
(b) If the election division or the election board determines thatprinting ballots under subsection (a) would be uneconomical orimpractical, the chairman or committee that made the appointmentor selection shall provide to the division or the election board thenumber of pasters the division or the board determines to benecessary for all ballots to reflect the appointment or selection.Pasters may not be given to or received by any person except theco-directors of the election division (or the election board and theboard's chairman).
(c) If a candidate entitled to be placed on the ballot changes thecandidate's legal name after the printing of ballots and before theelection, the candidate who has changed the candidate's legal nameshall provide to the election division or the election board thenumber of pasters the division or the board determines to benecessary for all ballots to reflect the change of name. If a candidate
declines to do so under this subsection, the division or the board isnot required to reprint ballots to reflect the change of legal name.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.218;P.L.5-1989, SEC.49; P.L.4-1996, SEC.65; P.L.3-1997, SEC.271;P.L.202-1999, SEC.19.
IC 3-11-3-29.5
Pasters; deceased candidates; vacancies
Sec. 29.5. (a) The election division or an election board shall actunder subsection (c) to print new ballots or have pasters made tocover the name of a candidate who has died or is no longer acandidate under IC 3-13-2-1 if:
(1) the candidate's party does not fill the vacancy underIC 3-13-1 or IC 3-13-2 not later than noon, five (5) days beforethe election; and
(2) when a candidate has died, the election division or electionboard:
(A) receives a certificate of death issued under IC 16-37-3not later than noon the seventh day before the election; or
(B) by unanimous vote of the entire membership that thereis good cause to believe that the candidate has died.
(b) The election division or election board shall provide thenumber of opaque pasters the election division or election boarddetermines to be necessary for all ballots to reflect a vacancy to thefollowing:
(1) The absentee voter board.
(2) The inspector of each precinct in which the candidate is onthe ballot.
(3) The circuit court clerk.
(c) If the election division or election board determines that theuse of pasters under this section would be impractical oruneconomical, the election division or board may order the printingof new ballots that omit the name of a candidate described insubsection (a). A ballot printed under this subsection must containthe statement "NO CANDIDATE" or "CANDIDATE DECEASED"or words to that effect at the appropriate position on the ballot.
(d) If a candidate vacancy under IC 3-13-1 or IC 3-13-2 is filledafter noon five (5) days before the election, the election division orelection board is not required to reprint ballots or have pasters withthe name of the successor candidate placed over the name of anindividual who is no longer a candidate but may do so upon the voteof the commission or election board.
As added by P.L.4-1991, SEC.65. Amended by P.L.2-1993, SEC.31;P.L.3-1993, SEC.121; P.L.4-1996, SEC.66; P.L.3-1997, SEC.272;P.L.38-1999, SEC.36.
IC 3-11-3-30
Pasters; placement on ballots
Sec. 30. The circuit court clerk, if time permits before the ballotsare delivered to the precincts, the poll clerks, or members of the
absentee voter board, shall put one (1) of the pasters required bysections 29 and 29.5 of this chapter in the proper place on each ballotlabel bearing the name of the former candidate and on each paperballot, provisional ballot, or ballot card to be voted in the precinctbefore they sign their initials on the ballot. The circuit court clerkshall put one (1) of the pasters on each ballot to be voted by anabsentee voter before the clerk signs the ballot.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.219;P.L.4-1991, SEC.66; P.L.3-1993, SEC.122; P.L.126-2002, SEC.43.
IC 3-11-3-31
Leftover ballots; preservation; destruction
Sec. 31. (a) Each county election board shall preserve the unusedballots that are left over after supplying the precincts, as prescribedby section 11 of this chapter. The ballots shall be preserved untilexpiration of the time for filing a contest or recount petition underIC 3-12.
(b) The board shall then destroy all of the ballots, except for one(1) regular ballot and one (1) provisional ballot.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.220;P.L.3-1993, SEC.123; P.L.126-2002, SEC.44.
IC 3-11-3-32
Preservation of ballot in election record; entry of information
Sec. 32. (a) The county election board shall securely paste the one(1) regular ballot that was preserved under section 31 of this chapterin the election record immediately before the provisional ballotplaced under subsection (b). The board shall also enter below theballot the number of ballots:
(1) printed by the board;
(2) delivered to each messenger; and
(3) destroyed by the board.
(b) The county election board shall securely paste the one (1)provisional ballot that was preserved under section 31 of this chapterin the election record immediately after the regular ballot placed inthe record under subsection (a) and immediately before the placewhere the vote is to be recorded. The board shall also enter below theprovisional ballot the number of provisional ballots:
(1) printed by the board;
(2) delivered to each messenger; and
(3) destroyed by the board.
As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.45.
IC 3-11-3-33
Provision of ballot box
Sec. 33. Whenever a general election is held, the county electionboard shall provide a ballot box for each precinct.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.221.
IC 3-11-3-34 Ballot boxes; specifications
Sec. 34. Each ballot box provided under section 33 of this chaptermust:
(1) have an opening in the lid sufficient only for a single ballot;
(2) have at least two (2) locks of different kinds andcombinations, so that one (1) key will not unlock the other; and
(3) be constructed to prevent fraud.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.222.
IC 3-11-3-35
Counties with population of more than 400,000 but less than700,000; voting system malfunction; paper ballots and necessarysupplies
Sec. 35. (a) This section applies to a county having a populationof more than four hundred thousand (400,000), but less than sevenhundred thousand (700,000).
(b) In each precinct where voting is by electronic voting system,the county election board shall provide the following to be used if anelectronic voting system malfunctions:
(1) The following number of paper ballots:
(A) Not less than ten (10) if the number of registered votersin the precinct is not more than three hundred (300).
(B) Not less than twenty-five (25) if the number of registeredvoters in the precinct is more than three hundred (300).
(2) The necessary supplies and equipment as required byIC 3-11-11.
(c) Upon notice that an electronic voting system is out of order orfails to work, the precinct election board shall make the paper ballotsprovided under subsection (b) available to voters. The precinctelection board shall contact the county election board to obtainadditional ballots.
(d) Upon notice that an electronic voting system is out of order orfails to work, the county election board shall deliver additionalnecessary supplies to any precinct in the county, including additionalpaper ballots.
As added by P.L.10-1992, SEC.22. Amended by P.L.20-1993, SEC.1;P.L.221-2005, SEC.45.