CHAPTER 4. ELIGIBILITY AND APPLICATION FOR ABSENTEE BALLOT
IC 3-11-4
Chapter 4. Eligibility and Application for Absentee Ballot
IC 3-11-4-0.5
When an absentee ballot is considered sent to a voter
Sec. 0.5. For purposes of this chapter, an absentee ballotapplication or an absentee ballot is considered "sent" to a voter if theapplication or ballot is:
(1) sent by United States mail addressed to the voter;
(2) transmitted by fax to a number provided by the voter; or
(3) personally given to the voter.
As added by P.L.126-2002, SEC.46.
IC 3-11-4-1
Entitlement to vote by absentee ballot in clerk's office or satelliteoffice; conditions
Sec. 1. (a) A voter who is otherwise qualified to vote in person isentitled to vote by absentee ballot. Except as otherwise provided inthis article, a voter voting by absentee ballot must vote in the officeof the circuit court clerk (or board of elections and registration in acounty subject to IC 3-6-5.2) or at a satellite office established underIC 3-11-10-26.3.
(b) A county election board, by unanimous vote of its entiremembership, may authorize a person who is otherwise qualified tovote in person to vote by absentee ballot if the board determines thatthe person has been hospitalized or suffered an injury following thefinal date and hour for applying for an absentee ballot that wouldprevent the person from voting in person at the polls.
(c) The commission, by unanimous vote of its entire membership,may authorize a person who is otherwise qualified to vote in personto vote by absentee ballot if the commission determines that anemergency prevents the person from voting in person at a pollingplace.
(d) The absentee ballots used in subsection (b) or (c) must be thesame official absentee ballots as described in section 12.5 of thischapter. Taking into consideration the amount of time remainingbefore the election, the commission shall determine whether theabsentee ballots are transmitted to and from the voter by mail orpersonally delivered. An absentee ballot that is personally deliveredshall comply with the requirements in sections 19, 20, and 21 of thischapter.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.223;P.L.7-1990, SEC.40; P.L.4-1991, SEC.67; P.L.3-1993, SEC.124;P.L.17-1993, SEC.10; P.L.1-1994, SEC.4; P.L.12-1995, SEC.76;P.L.3-1995, SEC.98; P.L.2-1996, SEC.140; P.L.126-2002, SEC.47;P.L.14-2004, SEC.101; P.L.66-2010, SEC.9.
IC 3-11-4-2
Application for absentee ballot; completion; execution; handling;affidavits Sec. 2. (a) A voter who wants to vote by absentee ballot mustapply to the county election board for an official absentee ballot.Except as provided in subsection (b), the voter must sign theabsentee ballot application.
(b) If a voter with disabilities is unable to sign the absentee ballotapplication and the voter has not designated an individual to serve asattorney in fact for the voter, the county election board maydesignate an individual to sign the application on behalf of the voter.If an individual applies for an absentee ballot as the properlyauthorized attorney in fact for a voter, the attorney in fact must attacha copy of the power of attorney to the application.
(c) A person may provide an individual with an application for anabsentee ballot with the following information already printed orotherwise set forth on the application when provided to theindividual:
(1) The name of the individual.
(2) The voter registration address of the individual.
(3) The mailing address of the individual.
(4) The date of birth of the individual.
(5) The voter identification number of the individual.
(d) A person may not provide an individual with an applicationfor an absentee ballot with the following information already printedor otherwise set forth on the application when provided to theindividual:
(1) The address to which the absentee ballot would be mailed,if different from the voter registration address of the individual.
(2) In a primary election, the major political party ballotrequested by the individual.
(3) In a primary or general election, the types of absenteeballots requested by the individual.
(4) The reason why the individual is entitled to vote an absenteeballot:
(A) by mail; or
(B) before an absentee voter board (other than an absenteevoter board located in the office of the circuit court clerk ora satellite office);
in accordance with IC 3-11-4-18, IC 3-11-10-24, orIC 3-11-10-25.
(e) If the county election board determines that an absentee ballotapplication does not comply with subsection (d), the board shall denythe application under section 17.5 of this chapter.
(f) A person who assists an individual in completing anyinformation described in subsection (d) on an absentee ballotapplication shall state under the penalties for perjury the followinginformation on the application:
(1) The full name, residence and mailing address, and daytimeand evening telephone numbers (if any) of the person providingthe assistance.
(2) The date this assistance was provided.
(3) That the person providing the assistance has complied with
Indiana laws governing the submission of absentee ballotapplications.
(4) That the person has no knowledge or reason to believe thatthe individual submitting the application:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(g) This subsection does not apply to an employee of the UnitedStates Postal Service or a bonded courier company acting in theindividual's capacity as an employee of the United States PostalService or a bonded courier company. A person who receives acompleted absentee ballot application from the individual who hasapplied for the absentee ballot shall file the application with theappropriate county election board not later than:
(1) noon seven (7) days after the person receives theapplication; or
(2) the deadline set by Indiana law for filing the applicationwith the board;
whichever occurs first.
(h) This subsection does not apply to an employee of the UnitedStates Postal Service or a bonded courier company acting in theindividual's capacity as an employee of the United States PostalService or a bonded courier company. A person filing an absenteeballot application, other than the person's own absentee ballotapplication, must sign an affidavit at the time of filing theapplication. The affidavit must be in a form prescribed by thecommission. The form must include the following:
(1) A statement of the full name, residence and mailing address,and daytime and evening telephone numbers (if any) of theperson submitting the application.
(2) A statement that the person filing the affidavit has compliedwith Indiana laws governing the submission of absentee ballotapplications.
(3) A statement that the person has no knowledge or reason tobelieve that the individual whose application is to be filed:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(4) A statement that the person is executing the affidavit underthe penalties of perjury.
(5) A statement setting forth the penalties for perjury.
(i) The county election board shall record the date and time of thefiling of the affidavit.
As added by P.L.5-1986, SEC.7. Amended by P.L.38-1999, SEC.37;P.L.126-2002, SEC.48; P.L.103-2005, SEC.2.
IC 3-11-4-3
Deadline for receipt of absentee ballot application
Sec. 3. Except as provided in section 6 of this chapter, anapplication for an absentee ballot must be received by the circuitcourt clerk (or, in a county subject to IC 3-6-5.2, the director of theboard of elections and registration) not earlier than the date the
registration period resumes following a primary election underIC 3-7-13-10 nor later than the following:
(1) Noon on election day if the voter registers to vote underIC 3-7-36-14.
(2) Noon on the day before election day if the voter completesthe application in the office of the circuit court clerk or is anabsent uniformed services voter or overseas voter who requeststhat the ballot be transmitted by electronic mail or fax undersection 6(h) of this chapter.
(3) Noon on the day before election day if:
(A) the application is a mailed, transmitted by fax, or handdelivered application from a confined voter or voter caringfor a confined person; and
(B) the applicant requests that the absentee ballots bedelivered to the applicant by an absentee voter board.
(4) Midnight on the eighth day before election day if theapplication:
(A) is a mailed application; or
(B) was transmitted by fax;
from other voters.
As added by P.L.5-1986, SEC.7. Amended by P.L.14-1987, SEC.1;P.L.3-1987, SEC.224; P.L.10-1988, SEC.103; P.L.5-1989, SEC.50;P.L.7-1990, SEC.41; P.L.12-1992, SEC.8; P.L.8-1992, SEC.17;P.L.3-1997, SEC.273; P.L.38-1999, SEC.38; P.L.176-1999, SEC.67;P.L.126-2002, SEC.49; P.L.1-2003, SEC.3; P.L.14-2004, SEC.102;P.L.103-2005, SEC.3; P.L.66-2010, SEC.10.
IC 3-11-4-4
Manner of making application; furnished forms; fax and electronicmail applications
Sec. 4. (a) Applications may be made on application formsapproved by the commission by any of the following means:
(1) In person.
(2) By fax transmission.
(3) By mail (including United States mail or bonded courier).
(4) By electronic mail with a scanned image of the applicationand signature of the applicant, if transmitted by an absentuniformed services voter or an overseas voter acting undersection 6 of this chapter.
(b) Application forms shall:
(1) be furnished to a central committee of the county at therequest of the central committee;
(2) be:
(A) mailed;
(B) transmitted by fax; or
(C) transmitted by electronic mail with a scanned image ofthe application;
upon request, to a voter applying by mail, by telephone, byelectronic mail, or by fax; and
(3) be delivered to a voter in person who applies at the circuit
court clerk's office.
(c) A county election board shall accept an application for anabsentee ballot transmitted by fax even though the application isdelivered to the county election board by a person other than theperson submitting the application.
(d) When an application is received under subsection (a)(4), thecircuit court clerk's office (or, in a county subject to IC 3-6-5.2 orIC 3-6-5.4, the office of the board of elections and registration) shallsend an electronic mail receipt acknowledging receipt of the voter'sapplication.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.225;P.L.5-1989, SEC.51; P.L.10-1989, SEC.6; P.L.8-1992, SEC.18;P.L.3-1993, SEC.125; P.L.2-1996, SEC.141; P.L.126-2002, SEC.50;P.L.120-2009, SEC.6; P.L.66-2010, SEC.11.
IC 3-11-4-5
Repealed
(Repealed by P.L.8-1992, SEC.43.)
IC 3-11-4-5.1
Application form; prescribed by commission
Sec. 5.1. (a) The commission shall prescribe the form of anapplication for an absentee ballot.
(b) This subsection does not apply to the form for an absenteeballot application to be submitted by an absent uniformed servicesvoter or overseas voter that contains a standardized oath for thosevoters. The form of the application for an absentee ballot must do allof the following:
(1) Require the applicant to swear to or affirm under thepenalties of perjury that all of the information set forth on theapplication is true to the best of the applicant's knowledge andbelief.
(2) Require a person who assisted with the completion of theapplication to swear to or affirm under the penalties of perjurythe statements set forth in section 2(f) of this chapter.
(3) Set forth the penalties for perjury.
(c) The form prescribed by the commission shall require that avoter who:
(1) requests an absentee ballot; and
(2) is eligible to vote in the precinct under IC 3-10-11 orIC 3-10-12;
must include the affidavit required by IC 3-10-11 or a writtenaffirmation described in IC 3-10-12.
As added by P.L.8-1992, SEC.19. Amended by P.L.17-1993, SEC.11;P.L.12-1995, SEC.77; P.L.2-1996, SEC.142; P.L.103-2005, SEC.4;P.L.1-2006, SEC.5.
IC 3-11-4-5.5
Election division designated as single office for voter registrationand absentee ballot procedures for overseas and absent uniformed
services voters
Sec. 5.5. In accordance with 42 U.S.C. 1973ff-1(b), but subject tosection 5.7 of this chapter, the election division is designated as thesingle office in Indiana responsible for providing informationregarding voter registration procedures under IC 3-7 and absenteeballot procedures under this chapter to be used by absent uniformedservices voters and overseas voters who wish to register to vote orvote in any jurisdiction in Indiana.
As added by P.L.209-2003, SEC.112. Amended by P.L.66-2010,SEC.12.
IC 3-11-4-5.7
Military and Overseas Voter Empowerment Act; delegation ofauthority to counties; designation of communications means;providing applications to voters; security and privacy ofapplication requests; providing information to voters; free accesssystem
Sec. 5.7. (a) As used in this section, "MOVE" refers to theMilitary and Overseas Voter Empowerment Act (Sections 577through 589 of the National Defense Authorization Act for FiscalYear 2010).
(b) Except as expressly provided by law, the state delegates itsresponsibilities to carry out the requirements of MOVE to eachcounty election board (or board of elections and registrationestablished under IC 3-6-5.2 or IC 3-6-5.4).
(c) To implement 42 U.S.C. 1973ff-1, electronic mail, fax, andweb publication are designated as means of communication for anabsent uniformed services voter or an overseas voter to request avoter registration application and an absentee ballot application fromthe election division, a county election board, or a county voterregistration office.
(d) An office described in subsection (c) that receives anelectronic mail or fax from a voter shall provide an absentee ballotapplication or a voter registration application by electronic mail orfax to the voter if:
(1) requested by the voter; and
(2) the voter provides an electronic mail address or a faxnumber that permits the office to send an application not laterthan the end of the first business day after the office receivesthe communication from the voter.
If the electronic mail address or the fax number provided by the voterdoes not permit the office to send the voter an application not laterthan the end of the first business day after the office receives thecommunication, the office shall send the application to the voter byUnited States mail.
(e) As required by 42 U.S.C. 1973ff-1, to the extent practicableand permitted under state law (including IC 3-7 and IC 5-14-3), anoffice described in subsection (c) shall ensure that the proceduresused to transmit an absentee ballot application or a voter registrationapplication to an absent uniformed services voter or overseas voter
protect the security and integrity of the application request processes,and that the privacy of the identity and other personal data of thevoter who requests or is sent an application under subsection (d) isprotected throughout the process of making the request or being sentthe application.
(f) As required under 42 U.S.C. 1973ff-1, an office described insubsection (c) shall include information regarding the use ofelectronic mail, fax, and web publication with all informational andinstructional materials that are sent with an absentee ballotapplication or an absentee ballot to an absent uniformed servicesvoter or overseas voter.
(g) To implement Section 580 of MOVE, and in accordance withIC 3-7-26.3-3, the secretary of state, with the approval of the electiondivision, shall develop a free access system that permits an absentuniformed services voter or overseas voter to determine whether thevoter's absentee ballot has been received by the appropriate countyelection board (or board of elections and registration), regardless ofthe manner in which the absentee ballot was transmitted by the voterto the board. To the extent permitted by IC 3-7 and IC 5-14-3, thesystem must contain reasonable procedures to protect the security,confidentiality, and integrity of personal information collected,stored, or otherwise used on the system.
As added by P.L.66-2010, SEC.13.
IC 3-11-4-6
Absent uniformed services voters, overseas voters, and addressconfidentiality voters; transmission of applications and ballots
Sec. 6. (a) This section applies, notwithstanding any otherprovision of this title, to absentee ballot applications for thefollowing:
(1) An absent uniformed services voter.
(2) An address confidentiality program participant (as definedin IC 5-26.5-1-6).
(3) An overseas voter.
(b) A county election board shall make blank absentee ballotapplications available for persons covered by this section afterNovember 20 preceding the election to which the application applies.Except as provided in subsection (c), the person may apply for anabsentee ballot at any time after the applications are made available.
(c) A person covered by this section may apply for an absenteeballot for the next scheduled primary, general, or special election atany time by filing either of the following:
(1) A combined absentee registration form and absentee ballotrequest approved under 42 U.S.C. 1973ff(b)(2).
(2) A form prescribed under IC 3-5-4-8 that identifies theapplicant as an absent uniformed services voter or an overseasvoter. A form prescribed under this subdivision must permit theapplicant to designate whether the applicant wishes to receivethe absentee ballot by electronic mail, fax, or United Statesmail. (d) If the county election board receives an absentee ballotapplication from a person described by subsection (c), the circuitcourt clerk shall mail to the person, free of postage as provided by 39U.S.C. 3406, all ballots for the election immediately upon receipt ofthe ballots under section 15 of this chapter, unless the person hasindicated under subsection (c) that the person wishes to receive theabsentee ballot by electronic mail or fax.
(e) Whenever a voter files an application for an absentee ballotand indicates on the application that the voter:
(1) is an absent uniformed services voter or an overseas voter;and
(2) does not expect to be in the county during the twelve (12)months following the date the application is filed;
the application is an adequate application for an absentee ballot forboth subsequent general elections and any municipal or specialelection conducted during that period, unless an absentee ballotmailed to the voter at the address set forth in the application isreturned to the county election board during that period asundeliverable. The circuit court clerk and county election board shallprocess this application and send general election absentee ballots tothe voter in the same manner as other general election and specialelection absentee ballot applications and ballots are processed andsent under this chapter.
(f) Whenever a voter described in subsection (a)(2) files anapplication for a primary election absentee ballot and indicates onthe application that the voter is an address confidentiality programparticipant, the application is an adequate application for a generalelection absentee ballot under this chapter and an absentee ballot fora special election conducted during the twelve (12) months followingthe date of the application. The circuit court clerk and countyelection board shall process this application and send generalelection and special election absentee ballots to the voter in the samemanner as other general election and special election absentee ballotapplications and ballots are processed and sent under this chapter.
(g) The name, address, telephone number, and any otheridentifying information relating to a program participant (as definedin IC 5-26.5-1-6) in the address confidentiality program, as containedin a voting registration record, is declared confidential for purposesof IC 5-14-3-4(a)(1). The county voter registration office may notdisclose for public inspection or copying a name, an address, atelephone number, or any other information described in thissubsection, as contained in a voting registration record, except asfollows:
(1) To a law enforcement agency, upon request.
(2) As directed by a court order.
(h) The county election board shall by fax or electronic mailtransmit an absentee ballot to and receive an absentee ballot from anabsent uniformed services voter or an overseas voter by electronicmail or fax at the request of the voter indicated in the applicationfiled under this section. If the voter wants to submit absentee ballots
by fax or electronic mail, the voter must separately sign and date astatement submitted with the electronic mail or the fax transmissionthat states substantively the following: "I understand that by faxingor e-mailing my voted ballot I am voluntarily waiving my right to asecret ballot.".
(i) The county election board shall send confirmation to a voterdescribed in subsection (h) that the voter's absentee ballot has beenreceived as follows:
(1) If the voter provides a fax number to which a confirmationmay be sent, the county election board shall send theconfirmation to the voter at the fax number provided by thevoter.
(2) If the voter provides an electronic mail address to which aconfirmation may be sent, the county election board shall sendthe confirmation to the voter at the electronic mail addressprovided by the voter.
(3) If:
(A) the voter does not provide a fax number or an electronicmail address; or
(B) the number or address provided does not permit theboard to send the confirmation not later than the end of thefirst business day after the board receives the voter'sabsentee ballot;
the county election board shall send the confirmation by UnitedStates mail.
The county election board shall send the confirmation required bythis subsection not later than the end of the first business day afterthe county election board receives the voter's absentee ballot.
(j) A county election board may transmit an absentee ballot to anabsent uniformed services voter or an overseas voter by electronicmail under a program authorized and administered by the FederalVoting Assistance Program of the United States Department ofDefense or directly to the voter at the voter's electronic mail address,if requested to do so by the voter. A voter described by this sectionmay transmit the voted absentee ballot to a county election board byelectronic mail in accordance with the procedures established underthis program. An electronic mail message transmitting a votedabsentee ballot under this subsection must include an opticallyscanned image of the voter's signature on the statement requiredunder subsection (h).
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.17;P.L.14-1987, SEC.3; P.L.10-1989, SEC.8; P.L.7-1990, SEC.43;P.L.8-1992, SEC.20; P.L.3-1997, SEC.274; P.L.273-2001, SEC.1;P.L.126-2002, SEC.51; P.L.1-2003, SEC.4; P.L.209-2003, SEC.113;P.L.198-2005, SEC.2; P.L.66-2010, SEC.14.
IC 3-11-4-6.1
Absentee ballot applications sent by absent uniformed servicesvoter or overseas voter not later than June 30, 2010; expiration ofsection Sec. 6.1. (a) This section applies to a voter who:
(1) filed an application for an absentee ballot under section 6(e)of this chapter not later than June 30, 2010; and
(2) indicated on the application that the voter:
(A) was an absent uniformed services voter or overseasvoter;
(B) did not expect to be in the county on the next generalelection day following the date the application is filed; and
(C) expects to remain absent from the county until at leastthe date of the second general election following the date theapplication is filed.
(b) Notwithstanding section 6 of this chapter, the application is anadequate application for an absentee ballot for both subsequentgeneral elections and any municipal or special election conductedduring the period described in subsection (a) unless an absenteeballot mailed to the voter at the address set forth in the applicationhas been or is returned to the county election board during thatperiod as undeliverable.
(c) This section expires June 30, 2012.
As added by P.L.66-2010, SEC.15.
IC 3-11-4-7
Uniformed services voters, overseas voters, and addressconfidentiality voters; requirements for application
Sec. 7. (a) An absentee ballot application under section 6 of thischapter must be made on a standard form approved under 42 U.S.C.1973ff(b) or on the form prescribed by the commission under section5.1 of this chapter.
(b) An absentee ballot application under section 6 of this chapterfrom an:
(1) absent uniformed services voter; or
(2) address confidentiality program participant (as defined inIC 5-26.5-1-6);
must show that the voter or program participant is a residentotherwise qualified to vote in the precinct.
(c) An absentee ballot application under section 6 of this chapterfrom an overseas voter must show that the overseas voter was aresident and otherwise qualified to vote in the precinct where thevoter resided before leaving the United States.
As added by P.L.5-1986, SEC.7. Amended by P.L.14-1987, SEC.4;P.L.3-1989, SEC.10; P.L.8-1992, SEC.21; P.L.2-1996, SEC.143;P.L.273-2001, SEC.2; P.L.126-2002, SEC.52.
IC 3-11-4-8
Nonresident overseas voter; entitled to receive only federal ballots;precinct of voter
Sec. 8. (a) This section applies to an overseas voter described inIC 3-5-2-34.5(3).
(b) An overseas voter who resides outside the United States andwho is no longer a resident of a precinct in Indiana is only entitled to
receive absentee ballots for a federal office under this chapter.
(c) A voter described in subsection (a) is considered to be a voterof the Indiana precinct where the voter registration office of thecounty where the person was domiciled before leaving the UnitedStates is located.
As added by P.L.5-1986, SEC.7. Amended by P.L.14-1987, SEC.5;P.L.10-1989, SEC.9; P.L.7-1990, SEC.44; P.L.8-1992, SEC.22;P.L.3-1997, SEC.275; P.L.126-2002, SEC.53; P.L.66-2003, SEC.36;P.L.198-2005, SEC.3.
IC 3-11-4-9
Repealed
(Repealed by P.L.126-2002, SEC.93.)
IC 3-11-4-10
Estimate of number of ballots required
Sec. 10. Each circuit court clerk shall:
(1) not less than sixty (60) days before the date on which ageneral, primary, or municipal election is held; or
(2) not more than three (3) days after the date on which aspecial election is ordered;
estimate the number of absentee ballots that will be required in thecounty for the election.
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1989, SEC.10;P.L.7-1990, SEC.45.
IC 3-11-4-11
Repealed
(Repealed by P.L.3-1993, SEC.282.)
IC 3-11-4-12
Repealed
(Repealed by P.L.66-2010, SEC.31.)
IC 3-11-4-12.5
Absent uniformed services voter or overseas voter; use of federalwrite-in absentee ballot form
Sec. 12.5. (a) This section applies to an absent uniformed servicesvoter or overseas voter.
(b) If a voter makes a timely application for and does not receivean absentee ballot from a county election board, the voter may use afederal write-in absentee ballot in the form prescribed by the FederalVoting Assistance Program of the United States Department ofDefense and in accordance with the requirements set forth in 42U.S.C. 1973ff-2 to cast a vote for any of the following:
(1) Any candidate for nomination at a primary election.
(2) Any candidate, political party, or public question on ageneral election, municipal election, or special election ballot.
As added by P.L.66-2010, SEC.16.
IC 3-11-4-13
Repealed
(Repealed by P.L.66-2010, SEC.31.)
IC 3-11-4-14
Ballots other than those specified in IC 3-11-4-12.5; preparationand printing under direction of county election board
Sec. 14. (a) All absentee ballots other than those specified insection 12.5 of this chapter shall be prepared and printed under thedirection of each county election board. After completing theestimate required by section 10 of this chapter and receiving allcertifications from the election division required under IC 3-8 orIC 3-10, the county election board shall immediately proceed toprepare and have printed the ballots.
(b) Except as provided in subsection (c), ballots prepared by thecounty election board under this section must provide space for thevoter to cast a write-in ballot.
(c) 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.70;P.L.66-2003, SEC.38; P.L.14-2004, SEC.104; P.L.66-2010, SEC.17.
IC 3-11-4-15
Ballots prepared and printed under direction of county electionboard; delivery to circuit court clerk
Sec. 15. The absentee ballots that are prepared and printed underthe direction of a county election board shall be delivered to thecircuit court clerk (or the board acting under IC 3-6-5.2) at least fifty(50) days before a general, primary, special, or municipal election.
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1989, SEC.11;P.L.3-1997, SEC.278; P.L.66-2003, SEC.39; P.L.66-2010, SEC.18.
IC 3-11-4-16
Marking on label attached to package of ballots delivered to circuitcourt clerk; distribution of ballots
Sec. 16. Each package of absentee ballots delivered to a circuitcourt clerk shall be plainly marked, on an appropriate attached label,with the words: "This package contains _______ (giving number ofballots) absentee ballots." The clerk shall securely keep all ballots inthe clerk's office and shall distribute them to applicants as providedin this chapter.
As added by P.L.5-1986, SEC.7.
IC 3-11-4-17
Filing of application received; recording of information
Sec. 17. Upon receipt of an application for an absentee ballot, acircuit court clerk shall file the application in the clerk's office andrecord all of the following: (1) The voter's name.
(2) The date the application is received.
(3) The date the ballot is sent to the voter.
(4) If mailed, the address to which the ballot is sent.
(5) If transmitted by fax, the fax number to which the ballot isfaxed.
(6) The date the ballot is marked before the clerk or otherwisereceived from the voter.
(7) The combined total number of absentee ballots sent by thecounty to absent uniformed services voters and overseas voters.
(8) The total number of absentee ballots returned by votersdescribed in subdivision (7) in time to be counted.
(9) The total number of absentee ballots described insubdivision (7) that were counted in whole or in part.
(10) Any other information that is necessary or advisable.
As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.54;P.L.198-2005, SEC.6.
IC 3-11-4-17.5
Application by voter not residing in precinct; denial of application;referral to county election board; filing additional documentation
Sec. 17.5. (a) Upon receiving an application for an absenteeballot, the county election board (or the absentee voter board in theoffice of the circuit court clerk) shall determine if:
(1) the applicant is a voter of the precinct in which the applicantresides, according to the records of the county voter registrationoffice;
(2) the information set forth on the application appears to betrue; and
(3) the application has been completed and filed in accordancewith Indiana and federal law.
If the members of the absentee voter board are unable to agree aboutany of the determinations described in subdivisions (1) through (3),the issue shall be referred to the county election board fordetermination. If the application is submitted by a voter wanting tocast an absentee ballot under IC 3-11-10-26, the voter shall bepermitted to cast an absentee ballot, and the voter's absentee ballotshall be treated as a provisional ballot.
(b) If:
(1) the applicant is not a voter of the precinct according to theregistration record; or
(2) the application as completed and filed:
(A) contains a false statement; or
(B) does not otherwise comply with Indiana or federal law;
as alleged under section 18.5 of this chapter, the county electionboard shall deny the application.
(c) This subsection applies to an absentee ballot applicationsubmitted by an absent uniformed services voter or an overseasvoter. In accordance with 42 U.S.C. 1973ff-1(d), if the application isdenied, the county election board shall provide the voter with the
reasons for the denial of the application. Unless the voter is presentwhen the board denies the application, the board shall send a writtennotice stating the reasons for the denial to the voter. The notice mustbe sent:
(1) not later than forty-eight (48) hours after the application isdenied; and
(2) to the voter at the address at which the voter requested thatthe absentee ballot be mailed.
(d) If the county election board determines that the applicant is avoter of the precinct under subsection (a), the board shall thendetermine whether:
(1) the applicant was required to file any additionaldocumentation under IC 3-7-33-4.5; and
(2) the applicant has filed this documentation according to therecords of the county voter registration office.
If the applicant has not filed the required documentation, the countyelection board shall approve the application if the applicationotherwise complies with this chapter. The board shall add a notationto the application and to the record compiled under section 17 of thischapter indicating that the applicant will be required to provideadditional documentation to the county voter registration officeunder IC 3-7-33-4.5 before the absentee ballot may be counted.
(e) If the applicant:
(1) is a voter of the precinct according to the registration record;
(2) states on the application that the applicant resides at anaddress that is within the same precinct but is not the sameaddress shown on the registration record; and
(3) provides a voter identification number on the application topermit transfer of registration under IC 3-7-13-13;
the county election board shall direct the county voter registrationoffice to transfer the applicant's voter registration address to theaddress within the precinct shown on the application. The applicant'sapplication for an absentee ballot shall be approved if the applicantis otherwise eligible to receive the ballot under this chapter.
As added by P.L.3-1997, SEC.279. Amended by P.L.209-2003,SEC.114; P.L.103-2005, SEC.5; P.L.164-2006, SEC.92.
IC 3-11-4-17.7
Replacement official ballots
Sec. 17.7. (a) This section applies when a voter:
(1) has been mailed the official ballot under this chapter; and
(2) notifies the county election board that the ballot has beendestroyed, spoiled, lost, or not received by the voter after areasonable time has elapsed for delivery of the ballot by mail.
(b) As required under 42 U.S.C. 15481, the voter may obtain areplacement official ballot under the procedures set forth in thischapter after the voter files a statement with the county electionboard. The statement must affirm, under penalties of perjury, that thevoter did not receive the official ballot (or that the ballot wasreceived by the voter, but was destroyed, spoiled, or lost), and must
set forth any facts known by the voter concerning the destruction,spoiling, or loss of the ballot.
(c) After a voter files the statement required under subsection (b),the county election board may issue a replacement official ballot tothe voter in accordance with this chapter and shall includeinformation regarding the official replacement ballot in thecertification provided to the precinct inspector under section 22 ofthis chapter.
(d) After receiving the official replacement ballot, the voter shalldestroy any spoiled ballot in the possession of the voter or any lostor delayed official ballot that comes into the possession of the voter.
As added by P.L.4-1996, SEC.67. Amended by P.L.209-2003,SEC.115.
IC 3-11-4-17.8
Official replacement ballots; procedures
Sec. 17.8. (a) This section applies to a replacement ballot issuedunder section 17.7 of this chapter.
(b) The county election board shall enclose the officialreplacement ballot in an envelope that complies with section 20 ofthis chapter. The envelope must contain a notation that the envelopecontains an official replacement ballot.
(c) If the county election board receives both an original absenteeballot and an official replacement ballot issued under section 17.7 ofthis chapter from the same voter, the board shall reject the originalabsentee ballot and deliver only the official replacement ballot to theprecinct election board.
As added by P.L.3-1997, SEC.280.
IC 3-11-4-18
Mailing of ballots; additional documentation; voter educationprogram
Sec. 18. (a) If a voter satisfies any of the qualifications describedin IC 3-11-10-24 that entitle a voter to cast an absentee ballot bymail, the county election board shall, at the request of the voter, mailthe official ballot, postage fully prepaid, to the voter at the addressstated in the application.
(b) If the county election board mails an absentee ballot to a voterrequired to file additional documentation with the county voterregistration office before voting by absentee ballot under thischapter, the board shall include a notice to the voter in the envelopemailed to the voter under section 20 of this chapter. The notice mustinform the voter that the voter must file the additional documentationrequired under IC 3-7-33-4.5 with the county voter registration officenot later than noon on election day for the absentee ballot to becounted as an absentee ballot, and that, if the documentation requiredunder IC 3-7-33-4.5 is filed after noon and before 6 p.m. on electionday, the ballot will be processed as a provisional ballot. Thecommission shall prescribe the form of this notice under IC 3-5-4-8.
(c) Except as provided in section 18.5 of this chapter, the ballot
shall be mailed:
(1) on the day of the receipt of the voter's application; or
(2) not more than five (5) days after the date of delivery of theballots under section 15 of this chapter;
whichever is later.
(d) As required by 42 U.S.C. 15481, an election board shallestablish a voter education program (specific to a paper ballot oroptical scan ballot card provided as an absentee ballot under thischapter) to notify a voter of the effect of casting multiple votes for asingle office.
(e) As provided by 42 U.S.C. 15481, when an absentee ballot ismailed under this section, the mailing must include:
(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.229;P.L.10-1988, SEC.105; P.L.4-1991, SEC.71; P.L.3-1993, SEC.128;P.L.3-1995, SEC.99; P.L.126-2002, SEC.55; P.L.209-2003,SEC.116; P.L.14-2004, SEC.105; P.L.103-2005, SEC.6;P.L.164-2006, SEC.93; P.L.66-2010, SEC.19.
IC 3-11-4-18.5
Challenge absentee voter application; affidavit; referral to countyelection board
Sec. 18.5. (a) Upon receipt of an absentee ballot application, amember of the county election board or a member of an absenteevoter board may file an affidavit with the county election boardalleging that the application:
(1) was not submitted by a voter of the precinct;
(2) contains a false statement; or
(3) has not been executed or filed in accordance with Indiana orfederal law.
(b) The affidavit must be in a form prescribed by the commissionand state the following:
(1) The name and title of the individual filing the affidavit.
(2) A brief statement of the facts known or believed by theindividual regarding why:
(A) the applicant is not a voter of the precinct;
(B) the application contains a false statement; or
(C) the application has not been executed or filed inaccordance with Indiana or federal law.
(3) That the individual is executing the affidavit under thepenalties of perjury.
(4) The penalties for perjury.
(c) Upon the filing of the affidavit, the approval or denial of theapplication shall be referred to the county election board, which shallpromptly conduct a hearing on the matter.
(d) The county election board may act under IC 3-6-5-31 to referthe matter to the appropriate prosecuting attorney.As added by P.L.103-2005, SEC.7.
IC 3-11-4-19
Necessity of circuit court clerk's official seal and signature andinitials of members of absentee voter board on ballot mailed
Sec. 19. (a) Subject to IC 3-5-4-9, a ballot that is mailed must bearthe circuit court clerk's official seal and signature or facsimilesignature on the back of the ballot. Before the ballot is mailed:
(1) the two (2) members of the absentee voter board in theoffice of the circuit court clerk; or
(2) the two (2) appointed members of the county election boardor their designated representatives;
shall place their initials in ink on the back of the ballot. The initialsmust be in the persons' ordinary handwriting or printing and withouta distinguishing mark of any kind. No other initialing of the absenteeballot is necessary.
(b) An absentee ballot that is voted before an absentee voter boardunder IC 3-11-10-25 or IC 3-11-10-26 must bear the seal, signature,and initials prescribed by IC 3-11-10-27.
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.18;P.L.3-1987, SEC.230; P.L.263-2003, SEC.2.
IC 3-11-4-20
Envelope; enclosure of ballot; addressee
Sec. 20. An absentee ballot mailed under section 18 of thischapter shall be enclosed in an envelope, unsealed and stamped forreturn to the county election board by at least first class mail. One (1)side of the envelope must bear the name, official title, and post officeaddress of the county election board. The pre-addressed, stampedenvelope shall be furnished by the county election board.
As added by P.L.5-1986, SEC.7.
IC 3-11-4-21
Envelope; affidavit
Sec. 21. (a) On the other side of the envelope required by section20 of this chapter shall be printed an affidavit in conformity with 42U.S.C. 1973ff-1(b), providing that the voter affirms under penalty ofperjury that the following information is true:
(1) The name of the precinct and township (or ward and city ortown).
(2) That the voter is:
(A) a resident of; or
(B) entitled under IC 3-10-11 or IC 3-10-12 to vote in;
the precinct.
(3) The voter's complete residence address, including the nameof the city or town and county.
(4) That the voter is entitled to vote in the precinct, the type ofelection to be held, and the date of the election.
(5) That:
(A) the voter has personally marked the enclosed ballot or
ballots in secret and has enclosed them in this envelope andsealed them without exhibiting them to any other person;
(B) the voter personally marked the enclosed ballot orballots, enclosed them in this envelope, and sealed them withthe assistance of an individual whose name is listed on theenvelope and who affirms under penalty of perjury that thevoter was not coerced or improperly influenced by theindividual assisting the voter or any other person, in amanner prohibited by state or federal law, to cast the ballotfor or against any candidate, political party, or publicquestion; or
(C) as the properly authorized attorney in fact for theundersigned under IC 30-5-5-14, the attorney in fact affirmsthe voter personally marked the enclosed ballot or ballots insecret and enclosed them in this envelope and sealed themwithout exhibiting them to the attorney in fact or to anyother person.
(6) The date and the voter's signature.
(b) If the affidavit is signed by an attorney in fact, the name of theattorney in fact must be indicated.
(c) A guardian or conservator of an individual may not sign anaffidavit for the individual under this section unless the guardian orconservator also holds a power of attorney authorizing the guardianor conservator to sign the affidavit.
(d) The side of the envelope containing this affidavit must also setforth the penalties for perjury.
As added by P.L.5-1986, SEC.7. Amended by P.L.17-1993, SEC.12;P.L.12-1995, SEC.79; P.L.3-1995, SEC.100; P.L.3-1997, SEC.281;P.L.38-1999, SEC.40; P.L.209-2003, SEC.117; P.L.103-2005,SEC.8.
IC 3-11-4-22
Duties of circuit court clerk
Sec. 22. Each circuit court clerk shall do both of the following:
(1) Keep a separate absentee ballot record for each precinct inthe county.
(2) Certify to each inspector, at the time that the absenteeballots are delivered, all the following:
(A) The number of absentee ballots sent to each absenteevoter.
(B) The number of absentee ballots marked before the clerk.
(C) The names of the voters to whom the ballots were sentor who marked ballots in person.
As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.56.