CHAPTER 8. VOTING PROCEDURES GENERALLY
IC 3-11-8
Chapter 8. Voting Procedures Generally
IC 3-11-8-1
Application of chapter
Sec. 1. This chapter applies to each precinct.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-1.2
"Facility" and "accessible facility" defined; facility standards
Sec. 1.2. (a) As used in this section, "facility" refers to the facilityin which a polling place is located.
(b) For purposes of this chapter, a facility is an "accessiblefacility" for elderly voters and voters with disabilities only if thefollowing apply:
(1) The facility meets the standards for accessibility for elderlyvoters and voters with disabilities established under 42 U.S.C.1973ee through 42 U.S.C. 1973ee-6.
(2) All the following are accessible to elderly voters and voterswith disabilities in a manner that provides the same opportunityfor access and participation (including privacy andindependence) as for other voters:
(A) Parking spaces marked and available to conform withIC 5-16-9.
(B) The path to the facility that an individual must travel onthe property where the facility is located.
(C) The entrances of the facility to be used by voters.
(D) The paths of travel within the facility to the rooms orareas where the voting systems are located.
(E) The rooms or areas in the facility where the votingsystems are located.
(c) The requirements of subsection (b) are satisfied if a facilitywill comply with subsection (b) by implementing temporarymeasures.
As added by P.L.116-2003, SEC.3.
IC 3-11-8-2
Voting in precinct of residence
Sec. 2. A voter shall vote at the polls for the precinct where thevoter resides except when authorized to vote in another precinctunder IC 3-10-10, IC 3-10-11, IC 3-10-12, or at a special voting pollunder section 6.5 of this chapter.
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.107;P.L.4-1991, SEC.86; P.L.17-1993, SEC.13; P.L.12-1995, SEC.80;P.L.116-2003, SEC.4.
IC 3-11-8-3
County executive secures voting polls; accessible facility
Sec. 3. (a) Before each election each county executive shall securefor each precinct of the county an accessible facility in which to hold
the election.
(b) If an accessible facility is not available within the precinct,then the polls may be located in another precinct in the county if thepolls are:
(1) either:
(A) not more than five (5) miles from the closest boundaryof the precinct for which it is the polls; or
(B) located in the same township as the precinct that doesnot have an accessible facility available; and
(2) located in an accessible facility.
(c) If the county election board, by a unanimous vote of its entiremembership, determines that an accessible facility is not availableunder subsection (b), the board may locate the polls in the mostconvenient available accessible facility in the county.
(d) If the county election board, by unanimous vote of its entiremembership, determines that:
(1) an accessible facility is not available under subsection (b) or(c); and
(2) the most convenient accessible facility is located in anadjoining county;
the board may locate the polls in the facility described in subdivision(2) with the unanimous consent of the entire membership of thecounty election board of the county in which the facility is located.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.251;P.L.3-1993, SEC.144; P.L.1-1994, SEC.5; P.L.2-1996, SEC.183;P.L.3-1997, SEC.295; P.L.116-2003, SEC.5; P.L.230-2005, SEC.52.
IC 3-11-8-3.1
Designation of polls
Sec. 3.1. (a) A county executive shall designate the polls for eachprecinct not less than twenty-nine (29) days before election day.
(b) The designation of a polling place under this section remainsin effect until:
(1) the location of the polling place is altered by an order of thecounty executive or county election board under this chapter; or
(2) a precinct establishment order issued under IC 3-11-1.5:
(A) designates a new polling place location; or
(B) combines the existing precinct with another precinctestablished by the order.
(c) The county executive shall then file the report required bysection 6.5 of this chapter concerning polls that are inaccessible tovoters with disabilities.
As added by P.L.13-1988, SEC.8. Amended by P.L.4-1991, SEC.87;P.L.12-1995, SEC.81; P.L.3-1997, SEC.296; P.L.116-2003, SEC.6.
IC 3-11-8-3.2
Notice of location of polls; special polling places; change of locationof polls
Sec. 3.2. (a) A county executive shall give ten (10) days notice ofthe place of voting in each precinct by publication in the manner
prescribed by IC 5-3-1-4. The notice must include the followinginformation:
(1) For each precinct, whether the polls are located in anaccessible facility.
(2) If special polling places are designated under section 6.5 ofthis chapter:
(A) the location of each special polling place; and
(B) the procedures for elderly voters and voters withdisabilities to apply to vote at a special polling place.
(b) If it is necessary to change a place for voting after givingnotice, notice of the change shall be given in the same manner.However, except as provided in subsection (c), a change may not bemade within two (2) days before an election.
(c) If the county election board determines by a unanimous voteof the board's entire membership that the use of a polling place at anelection would be dangerous or impossible, the county election boardmay order the relocation of the polling place during the final two (2)days before an election. The county election board shall give the bestpossible notice of this change to news media and the voters of theprecinct. If an order is adopted under this subsection, the orderexpires after the election.
As added by P.L.13-1988, SEC.9. Amended by P.L.3-1993, SEC.145;P.L.116-2003, SEC.7.
IC 3-11-8-3.4
County applications to Secretary of Health and Human Services tomake polling places accessible and provide information to voterswith disabilities
Sec. 3.4. (a) As authorized under 42 U.S.C. 15421, a countyelection board may apply on behalf of a county to the Secretary ofHealth and Human Services for payments under HAVA (42 U.S.C.15421 through 15425) to do the following:
(1) Make polling places (including the path of travel, entrances,exits, and voting areas of each polling place) more accessible toindividuals with disabilities, including the blind and visuallyimpaired, in a manner that provides the same opportunity foraccess and participation (including privacy and independence)as other voters.
(2) Provide individuals with disabilities and other individualsdescribed in subdivision (1) with information about theaccessibility of polling places, including outreach programs toinform the individuals about the availability of accessiblepolling places and training election officials, poll workers, andelection volunteers on how best to promote the access andparticipation of individuals with disabilities in elections.
(b) If a county election board submits an application undersubsection (a), the application must:
(1) comply with 42 U.S.C. 15423; and
(2) be filed with the election division not later than thesubmission of the application under subsection (a). (c) If a county election board receives payments from theSecretary of Health and Human Services under 42 U.S.C. 15421through 15425, the payments shall be deposited in the county generalfund and appropriated to the county election board for the purposesdescribed in the application. The county election board shall spendthe money for the purposes described in the application.
(d) As required by 42 U.S.C. 15425, the county election boardshall file a report with the Secretary of Health and Human Servicesregarding the activities conducted with these funds and theexpenditures made with respect to the categories listed in subsection(a)(1) and (a)(2). The county election board shall file a copy of thereport with the election division and the state board of accounts notlater than the date the report is submitted under this subsection.
As added by P.L.209-2003, SEC.128.
IC 3-11-8-4
Public buildings to be available for holding election
Sec. 4. School buildings, fire stations, and all other publicbuildings shall be made available without charge to a county forholding an election. The county may not be required to sign anyagreement assuming liability as a precondition for use of the publicbuilding.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1997, SEC.297.
IC 3-11-8-4.1
Location of polls; one place per precinct
Sec. 4.1. The polls for each precinct may be located in only one(1) place.
As added by P.L.13-1988, SEC.10.
IC 3-11-8-4.2
Repealed
(Repealed by P.L.116-2003, SEC.11.)
IC 3-11-8-4.3
Location of polls in adjoining precinct
Sec. 4.3. (a) If the county election board adopts an order by theunanimous vote of the entire membership of the board, the countyexecutive may locate the polls for the precinct at the polls for anadjoining precinct, using the precinct election board of the adjoiningprecinct.
(b) An order adopted under this section expires December 31 afterthe date the order was adopted.
(c) If a precinct election board administers more than one (1)precinct under this section, the board shall keep the ballots cast ineach precinct separate from ballots cast in any other precinct, so thatthe votes cast for each candidate and on each public question in eachof the precincts administered by the board may be determined.
As added by P.L.13-1988, SEC.12. Amended by P.L.5-1989, SEC.53;P.L.12-1995, SEC.82; P.L.14-2004, SEC.115; P.L.230-2005,
SEC.53.
IC 3-11-8-5
Election not to be held in room where alcoholic beverages kept orsold
Sec. 5. An election may not be held in a room in which alcoholicbeverages are kept or sold.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-6
Requirement to locate polls in accessible facility
Sec. 6. Except as provided in section 6.5 of this chapter, thecounty executive shall locate the polls for each precinct in anaccessible facility.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.252;P.L.10-1988, SEC.108; P.L.4-1991, SEC.88; P.L.2-1996, SEC.184;P.L.3-1997, SEC.298; P.L.38-1999, SEC.42; P.L.116-2003, SEC.8.
IC 3-11-8-6.5
Report of accessible polling places; designation of special pollingplaces
Sec. 6.5. (a) Not later than twenty-nine (29) days before electionday, the county executive shall file a report with the co-directors ofthe election division listing each precinct of the county for which thecounty executive was unable to secure an accessible facility forelection day. The report must include any other information requiredby the co-directors.
(b) If the co-directors determine that there are no accessiblefacilities the county executive can secure for a precinct polling place,the co-directors shall authorize the county executive to designate atleast one (1) special polling place in the county.
(c) A special polling place must:
(1) be located in an accessible facility; and
(2) operate under all other requirements for precincts and pollsunder this title.
(d) A precinct polling place located in an accessible facility maybe used as a special polling place for the county under subsection (c).
(e) The circuit court clerk shall assign a special polling place toan elderly voter or a voter with disabilities:
(1) whose regular precinct polling place is not located in anaccessible facility; and
(2) who submits an application on a form prescribed by thecommission not later than ten (10) days before election day.
Applications may be submitted under subdivision (2) by mail or inperson at the circuit court clerk's office.
(f) The precinct election board at a special polling place shall dothe following:
(1) Provide each elderly voter or voter with disabilities assignedto the special polling place under subsection (e) a ballot thatincludes all offices and public questions to be voted for in the
voter's precinct of residence.
(2) Prepare a separate poll list for the elderly voters and thevoters with disabilities assigned to the special polling place.
(g) Votes cast at a special polling place shall be counted andreported in the same manner as votes cast at a precinct under thistitle.
As added by P.L.116-2003, SEC.9.
IC 3-11-8-7
Preparation of polls for election
Sec. 7. In preparing the polls for an election, the county executiveshall:
(1) have placed within the room a railing separating the part ofthe room to be occupied by the precinct election board from thatpart of the room to be occupied by the ballot card votingsystems, electronic voting systems, and the three (3) or morebooths or compartments for marking paper ballots, whenevereither or two (2) of these voting systems are used;
(2) ensure that the portion of the room set apart for the precinctelection board includes a door at which each voter appears forchallenge; and
(3) provide a method or material for designating the boundariesof the chute, such as a railing, rope, or wire on each side,beginning a distance equal to the length of the chute (as definedin IC 3-5-2-10) away from and leading to the door for challengeand to the room in which the election is held.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.253;P.L.69-2003, SEC.4; P.L.221-2005, SEC.65.
IC 3-11-8-8
Poll time on election day
Sec. 8. The polls in each precinct open at 6 a.m. and close at 6p.m. on election day.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-9
Proclamation of opening and closing of polls
Sec. 9. The inspector of each precinct shall proclaim the openingand closing of the polls to the people outside the polls in a loud toneof voice.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-10
Precinct record to be made by poll clerks; contents
Sec. 10. The poll clerks of each precinct shall make a record of:
(1) the inspector's proclamation of the closing of the polls; and
(2) the time the proclamation was made.
The poll clerks shall enter the record required by this section on thetally papers. After the record has been made no more voters may voteexcept as provided in section 11 of this chapter.As added by P.L.5-1986, SEC.7.
IC 3-11-8-10.5
Recording name of voters who sign poll list; requirements
Sec. 10.5. A poll clerk may record the names of individuals whohave signed the poll list and make that record available to a watcheror pollbook holder who requests the information. However, the pollclerk must ensure that:
(1) a voter is not delayed in casting the voter's votes as a resultof the preparation of the record, or by providing theinformation; and
(2) the poll clerk does not engage in electioneering (as definedunder IC 3-14-3-16) in providing this information.
As added by P.L.9-2004, SEC.18.
IC 3-11-8-11
Closing of polls; persons permitted to vote; extension of votinghours by order; provisional ballots
Sec. 11. (a) When the hour for closing the polls occurs, theprecinct election board shall permit all voters who:
(1) have passed the challengers and who are waiting toannounce their names to the poll clerks for the purpose ofsigning the poll list;
(2) have signed the poll list but who have not voted; or
(3) are in the act of voting;
to vote. In addition, the inspector shall require all voters who havenot yet passed the challengers to line up in single file within thechute. The poll clerks shall record the names of the voters in thechute, and these voters may vote unless otherwise preventedaccording to law.
(b) This subsection applies if a court order (or other order) hasbeen issued to extend the hours that the polls are open under section8 of this chapter. As provided in 42 U.S.C. 15482, the inspector shallidentify the voters who would not otherwise be eligible to vote afterthe closing of the polls under subsection (a) and shall provide aprovisional ballot to the voters in accordance with IC 3-11.7.
As added by P.L.5-1986, SEC.7. Amended by P.L.209-2003,SEC.129; P.L.221-2005, SEC.66.
IC 3-11-8-12
No adjournment or recess after opening of polls until closed
Sec. 12. After the opening of the polls, there may be noadjournment or recess until after the polls have been closed and theinspector is ready to leave with the ballot box and other documentsand papers to be delivered to the circuit court clerk.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.254.
IC 3-11-8-13
Restrictions on inspector, judge, or poll clerk of precinct afterclosing of polls Sec. 13. An inspector, judge, or poll clerk of a precinct may notvote after the polls have closed nor make a statement concerning theresult of the election before the closing of the polls.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-14
Reading of IC 3-14-4-7 to precinct election board; oath
Sec. 14. At the opening of the polls, the inspector of each precinctshall read IC 3-14-4-7 to the precinct election board. Each memberof the board shall take an oath that the member has not violated andwill not violate IC 3-14-4-7.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-15
Persons permitted at polls during elections; simulated elections
Sec. 15. (a) Only the following persons are permitted in the pollsduring an election:
(1) Members of a precinct election board.
(2) Poll clerks and assistant poll clerks.
(3) Election sheriffs.
(4) Deputy election commissioners.
(5) Pollbook holders and challengers.
(6) Watchers.
(7) Voters for the purposes of voting.
(8) Minor children accompanying voters as provided underIC 3-11-11-8.
(9) An assistant to a precinct election officer appointed underIC 3-6-6-39.
(10) An individual authorized to assist a voter in accordancewith IC 3-11-9.
(11) A member of a county election board, acting on behalf ofthe board.
(12) A mechanic authorized to act on behalf of a countyelection board to repair a voting system (if the mechanic bearscredentials signed by each member of the board).
(13) Either of the following who have been issued credentialssigned by the members of the county election board:
(A) The county chairman of a political party.
(B) The county vice chairman of a political party.
(14) The secretary of state, as chief election officer of the state,unless the individual serving as secretary of state is a candidatefor nomination or election to an office at the election.
(b) This subsection applies to a simulated election for minorsconducted with the authorization of the county election board. Anindividual participating in the simulated election may be in the pollsfor the purpose of voting. A person supervising the simulatedelection may be in the polls to perform the supervision.
(c) The inspector of a precinct has authority over all simulatedelection activities conducted under subsection (b) and shall ensurethat the simulated election activities do not interfere with the election
conducted in that polling place.
As added by P.L.5-1986, SEC.7. Amended by P.L.4-1991, SEC.89;P.L.3-1993, SEC.146; P.L.38-1999, SEC.43; P.L.66-2003, SEC.40;P.L.209-2003, SEC.130; P.L.97-2004, SEC.8; P.L.14-2004,SEC.116; P.L.230-2005, SEC.54.
IC 3-11-8-16
Only voters permitted near entrance to the polls
Sec. 16. A person may not remain within a distance equal to thelength of the chute (as defined in IC 3-5-2-10) of the entrance to thepolls except for the purpose of offering to vote.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1993, SEC.147;P.L.3-1997, SEC.299; P.L.2-1998, SEC.7; P.L.38-1999, SEC.44;P.L.69-2003, SEC.5; P.L.230-2005, SEC.55.
IC 3-11-8-17
Number of voters to be admitted to polls at one time
Sec. 17. In a precinct for which assistant poll clerks are provided,as many as six (6) voters may be admitted to the polls at one time forthe purpose of voting. If there are no assistant poll clerks, no morethan three (3) voters may be admitted to the polls at any one time.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-18
Voter not to converse with any person except precinct electionboard member
Sec. 18. A voter or person offering to vote may not converse orcommunicate with a person other than a member of the precinctelection board while at the polls.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-19
Approach and entry to chute; announcement of voter's name tochallengers
Sec. 19. Voters shall approach and enter the chute in the order inwhich they appear for the purpose of voting. A voter shallimmediately announce the voter's full and true name to thechallengers.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-20
Challenge of voter; reduction of challenge to affidavit form
Sec. 20. If a voter offering to vote is challenged by a challengeror by a member of the precinct election board, the person challengingthe voter shall reduce the challenge to affidavit form, setting forthsuccinctly the reasons for the challenge.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-21
Challenge of voter; challenger's affidavit Sec. 21. The affidavit of challenge prescribed by section 20 of thischapter must set forth under oath or affirmation the following:
(1) The name of the challenger.
(2) The name of the person being challenged.
(3) The reasons the challenger believes the person beingchallenged is not a legal voter in the precinct.
(4) The source of the information provided under subdivision(3).
(5) A statement that the challenger understands that making afalse statement on the affidavit is punishable under the penaltiesof perjury.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.103.
IC 3-11-8-22
Repealed
(Repealed by P.L.164-2006, SEC.142.)
IC 3-11-8-22.1
Challenge of voter; provisional ballot
Sec. 22.1. (a) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the precinct;and
(2) who produces a certificate of error issued under IC 3-7-48-1.
If the voter is not challenged under IC 3-10-1 or this chapter, thevoter shall be provided with a regular official ballot. However, asprovided by IC 3-7-48-1(b), if the voter is challenged underIC 3-10-1 or this chapter, the voter must cast a provisional ballotafter complying with IC 3-7-48-7.5 if the voter wishes to cast aballot.
(b) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the precinct;and
(2) who makes an oral or a written affirmation in compliancewith IC 3-7-48-5 that the voter continues to reside in theprecinct at the address shown as the voter's former residence inthe voter registration record.
If the voter is not challenged under IC 3-10-1 or this chapter, thevoter shall be provided with a regular official ballot. However, asprovided by IC 3-7-48-7.5, if the voter is challenged under IC 3-10-1or this chapter, the voter must cast a provisional ballot aftercomplying with IC 3-7-48-7.5 if the voter wishes to cast a ballot.
(c) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the precinct;and
(2) who produces a registration receipt that complies withIC 3-7-48-7.
If the county election board provides the precinct election board withthe information required under IC 3-7-48-7(a)(2) and the voter is notchallenged under IC 3-10-1 or this chapter, the voter shall beprovided with a regular official ballot. However, as provided by
IC 3-7-48-7.5, if the voter is challenged under IC 3-10-1 or thischapter, the voter must cast a provisional ballot after complying withIC 3-7-48-7.5 if the voter wishes to cast a ballot.
(d) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the precinct;and
(2) who is not described by subsection (a), (b), or (c).
If the voter is challenged under IC 3-10-1 or this chapter, the votershall be provided with a provisional ballot under IC 3-11.7 instead ofa regular official ballot if the voter wishes to cast a ballot. The votermay proceed to cast a provisional ballot after executing a challengedvoter's affidavit under section 23 of this chapter if the voter wishesto cast a ballot.
(e) This subsection applies to a voter:
(1) whose name appears on the poll list for the precinct; and
(2) who no longer resides in the precinct but is entitled to voteat the precinct under IC 3-10-10, IC 3-10-11, or IC 3-10-12.
If the voter executes an affidavit in compliance with IC 3-10-10,IC 3-10-11, or IC 3-10-12 and the voter is not challenged underIC 3-10-1 or this chapter, the voter shall be provided with a regularofficial ballot. However, as provided by IC 3-10-10-9,IC 3-10-11-4.5, or IC 3-10-12-5, if the voter is challenged underIC 3-10-1 or this chapter, the voter must cast a provisional ballot ifthe voter wishes to cast a ballot.
(f) This subsection applies to a voter:
(1) whose name appears on the poll list for the precinct; and
(2) who is not described in subsection (e).
If the voter is challenged under IC 3-10-1 or this chapter, the votershall be provided with a provisional ballot under IC 3-11.7 ratherthan a regular official ballot if the voter wishes to cast a vote. Thevoter may proceed to cast a provisional ballot after executing achallenged voter's affidavit under section 23 of this chapter if thevoter wishes to cast a ballot.
As added by P.L.164-2006, SEC.97.
IC 3-11-8-23
Challenge of voter; challenged voter's affidavit; when affidavit notrequired
Sec. 23. (a) If a challenged voter has already made an affirmationor executed an affidavit under IC 3-7-48-7.5, IC 3-10-10-9,IC 3-10-11-4.5, or IC 3-10-12-5, the challenged voter is not requiredto execute an additional affidavit under this section.
(b) The affidavit of a challenged voter required by section 22.1 ofthis chapter must be sworn and affirmed and must contain thefollowing:
(1) A statement that the voter is a citizen of the United States.
(2) The voter's date of birth to the best of the voter's informationand belief.
(3) A statement that the voter has been a resident of the precinctfor thirty (30) days immediately before this election or is
qualified to vote in the precinct under IC 3-10-10, IC 3-10-11,or IC 3-10-12.
(4) The voter's name and a statement that the voter is generallyknown by that name.
(5) A statement that the voter has not voted and will not vote inany other precinct in this election.
(6) The voter's occupation.
(7) The voter's current residential address, including the streetor number, and if applicable, the voter's residential addressthirty (30) days before the election, and the date the votermoved.
(8) A statement that the voter understands that making a falsestatement on the affidavit is punishable under the penalties ofperjury.
(9) If the individual's name does not appear on the registrationlist, a statement that the individual registered to vote and wherethe individual believes the individual registered to vote duringthe registration period described by:
(A) IC 3-7-13-10; or
(B) IC 3-7-36-11, if the voter registered under that section.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.255;P.L.10-1988, SEC.110; P.L.4-1991, SEC.91; P.L.17-1993, SEC.15;P.L.12-1995, SEC.84; P.L.3-1995, SEC.104; P.L.126-2002, SEC.60;P.L.209-2003, SEC.132; P.L.164-2006, SEC.98.
IC 3-11-8-23.5
Challenged voter casting provisional ballot; affidavit
Sec. 23.5. In accordance with 42 U.S.C. 15482, a voter challengedunder section 21 of this chapter is entitled to cast a provisional ballotunder IC 3-11.7 after executing the affidavit under section 23 of thischapter.
As added by P.L.209-2003, SEC.133. Amended by P.L.164-2006,SEC.99.
IC 3-11-8-24
Repealed
(Repealed by P.L.4-1991, SEC.147.)
IC 3-11-8-25
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-8-25.1
Admittance of voter to polls; proof of identification; procedure
Sec. 25.1. (a) Except as provided in subsection (e), a voter whodesires to vote an official ballot at an election shall provide proof ofidentification.
(b) Except as provided in subsection (e), before the voter proceedsto vote in the election, a precinct election officer shall ask the voterto provide proof of identification. The voter shall produce the proof
of identification before being permitted to sign the poll list.
(c) If:
(1) the voter is unable or declines to present the proof ofidentification; or
(2) a member of the precinct election board determines that theproof of identification provided by the voter does not qualify asproof of identification under IC 3-5-2-40.5;
a member of the precinct election board shall challenge the voter asprescribed by this chapter.
(d) If the voter executes a challenged voter's affidavit undersection 22.1 of this chapter, the voter may:
(1) sign the poll list; and
(2) receive a provisional ballot.
(e) A voter who votes in person at a precinct polling place that islocated at a state licensed care facility where the voter resides is notrequired to provide proof of identification before voting in anelection.
(f) After a voter has passed the challengers or has been sworn in,the voter shall be instructed by a member of the precinct electionboard to proceed to the location where the poll clerks are stationed.The voter shall announce the voter's name to the poll clerks orassistant poll clerks. A poll clerk, an assistant poll clerk, or a memberof the precinct election board shall require the voter to write thefollowing on the poll list:
(1) The voter's name.
(2) Except as provided in subsection (k), the voter's currentresidence address.
(g) The poll clerk, an assistant poll clerk, or a member of theprecinct election board shall:
(1) ask the voter to provide or update the voter's voteridentification number;
(2) tell the voter the number the voter may use as a voteridentification number; and
(3) explain to the voter that the voter is not required to provideor update a voter identification number at the polls.
(h) The poll clerk, an assistant poll clerk, or a member of theprecinct election board shall ask the voter to provide proof ofidentification.
(i) In case of doubt concerning a voter's identity, the precinctelection board shall compare the voter's signature with the signatureon the affidavit of registration or any certified copy of the signatureprovided under IC 3-7-29. If the board determines that the voter'ssignature is authentic, the voter may then vote. If either poll clerkdoubts the voter's identity following comparison of the signatures,the poll clerk shall challenge the voter in the manner prescribed bysection 21 of this chapter.
(j) If, in a precinct governed by subsection (g):
(1) the poll clerk does not execute a challenger's affidavit; or
(2) the voter executes a challenged voter's affidavit undersection 22.1 of this chapter or executed the affidavit before
signing the poll list;
the voter may then vote.
(k) Each line on a poll list sheet provided to take a voter's currentaddress must include a box under the heading "Address Unchanged"so that a voter whose residence address shown on the poll list is thevoter's current residence address may check the box instead ofwriting the voter's current residence address on the poll list.
As added by P.L.209-2003, SEC.135. Amended by P.L.2-2004,SEC.3; P.L.109-2005, SEC.4; P.L.164-2006, SEC.100; P.L.53-2009,SEC.2.
IC 3-11-8-25.2
Additional documentation before voting; procedure; use ofprovisional ballot without documentation
Sec. 25.2. (a) The poll clerk or assistant poll clerk shall examinethe list provided under IC 3-7-29-1 to determine if the countyelection board has indicated that the voter is required to provideadditional personal identification under 42 U.S.C. 15483 andIC 3-7-33-4.5 before voting in person. If the list (or a certificationconcerning absentee voters under IC 3-11-10-12) indicates that thevoter is required to present this identification before voting in person,the poll clerk shall advise the voter that the voter must present, inaddition to the proof of identification required by section 25.1(a) ofthis chapter, a piece of identification described in subsection (b) tothe poll clerk.
(b) As required by 42 U.S.C. 15483, and in addition to the proofof identification required by section 25.1(a) of this chapter, a voterdescribed by IC 3-7-33-4.5 who has not complied with IC 3-7-33-4.5before appearing at the polls on election day must present one (1) ofthe following documents to the poll clerk:
(1) A current and valid photo identification.
(2) A current utility bill, bank statement, government check,paycheck, or government document that shows the name andaddress of the voter.
(c) If a voter presents a document under subsection (b), the pollclerk shall add a notation to the list indicating the type of documentpresented by the voter. The election division shall prescribe astandardized coding system to classify documents presented underthis subsection for entry into the county voter registration system.
(d) If a voter required to present documentation under subsection(b) is unable to present the documentation to the poll clerk whilepresent in the polls, the poll clerk shall notify the precinct electionboard. The board shall provide a provisional ballot to the voter underIC 3-11.7-2.
(e) The precinct election board shall advise the voter that the votermay file a copy of the documentation with the county voterregistration office to permit the provisional ballot to be countedunder IC 3-11.7.
As added by P.L.14-2004, SEC.117. Amended by P.L.109-2005,SEC.5; P.L.164-2006, SEC.101.
IC 3-11-8-25.5
Voter who leaves poll without casting ballot
Sec. 25.5. If an individual signs the individual's name and either:
(1) signs the individual's address; or
(2) checks the "Address Unchanged" box;
on the poll list under section 25.1 of this chapter and then leaves thepolls without casting a ballot or after casting a provisional ballot, thevoter may not be permitted to reenter the polls to cast a ballot at theelection.
As added by P.L.3-1997, SEC.300. Amended by P.L.209-2003,SEC.136; P.L.2-2004, SEC.4; P.L.109-2005, SEC.6; P.L.164-2006,SEC.102.
IC 3-11-8-25.7
Procedure for voting by member of the military or public safetyofficer called to duty while waiting to vote
Sec. 25.7. (a) This section applies only to a voter who is a memberof the military or public safety officer.
(b) Notwithstanding section 25.5 of this chapter, if a voter signsthe voter's name and either:
(1) writes the voter's address; or
(2) checks the "Address Unchanged" box;
on the poll list under section 25.1 of this chapter and then leaves thepolls without casting a ballot or after casting a provisional ballot, thevoter may reenter the polls to cast a ballot at the election as providedin this section.
(c) A voter who leaves the polls to respond to an emergency in thevoter's capacity as a member of the military or public safety officermust notify a precinct election officer that the voter is leaving thepolls to respond to an emergency in the voter's capacity as a memberof the military or public safety officer.
(d) A poll clerk or assistant poll clerk shall make a notation on thepoll list with the voter's name indicating that the voter has left thepolls as permitted by this section and the time the voter left the polls.
(e) If the voter returns to the polls, the voter shall be permitted tovote if the voter executes an affidavit stating all of the following:
(1) The name of the voter.
(2) That the voter is a member of the military or public safetyofficer.
(3) The military or public safety position the voter holds.
(4) That after the voter signed the poll list, but before the votervoted, the voter was called to respond to an emergency in thevoter's capacity as a member of the military or public safetyofficer.
(5) A brief description of the emergency to which the voterresponded.
(6) The time at which the voter returned to the polls.
(f) The commission shall prescribe the form of the affidavitrequired by this section.
As added by P.L.120-2009, SEC.7.
IC 3-11-8-26
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-8-26.1
Procedure for voter who cannot sign name and address or who hasdisability related difficulty
Sec. 26.1. (a) If a voter:
(1) cannot sign; or
(2) is a voter with a disability that makes it difficult for thevoter to sign;
the voter's name and address, the poll clerks shall, by properinterrogation, satisfy themselves that the voter is the person the voterrepresents the voter to be.
(b) If satisfied as to the voter's identity under subsection (a), one(1) of the poll clerks shall then place the following on the poll list:
(1) The voter's name.
(2) Except as provided in subsection (e), the voter's currentresidence address.
(c) The poll clerks shall:
(1) ask the voter to provide or update the voter's voteridentification number;
(2) tell the voter the number the voter may use as a voteridentification number; and
(3) explain to the voter that the voter is not required to provideor update a voter identification number at the polls.
(d) The poll clerk shall then add the clerk's initials in parentheses,after or under the signature. The voter then may vote.
(e) Each line on a poll list sheet provided to take a voter's currentresidence address must include a box under the heading "AddressUnchanged" so that the poll clerk may check the box to indicate thatthe residence address shown on the poll list is the voter's currentresidence address instead of writing the voter's current residenceaddress on the poll list.
As added by P.L.209-2003, SEC.138. Amended by P.L.2-2004,SEC.5; P.L.164-2006, SEC.103.
IC 3-11-8-27
Challenge of voter by precinct election board member
Sec. 27. If a member of a precinct election board is not satisfiedthat a person who offers to vote is the person who the personrepresents the person to be, the member may challenge the personand the person may vote only if the person signs the affidavitrequired to be signed by voters who are challenged under section 20of this chapter.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-27.5
Challenged voter entitled to cast provisional ballot
Sec. 27.5. In accordance with 42 U.S.C. 15482, a voter challenged
under section 27 of this chapter is entitled to cast a provisional ballotunder IC 3-11.7 after executing the affidavit under section 23 of thischapter.
As added by P.L.209-2003, SEC.139. Amended by P.L.164-2006,SEC.104.
IC 3-11-8-28
Repealed
(Repealed by P.L.230-2005, SEC.91.)
IC 3-11-8-29
Poll list; precinct election board's copy
Sec. 29. (a) This section does not apply to a list kept by a pollclerk under section 10.5 of this chapter.
(b) A precinct election board may not keep a poll list other thanthe poll list required by section 25.1 of this chapter.
As added by P.L.5-1986, SEC.7. Amended by P.L.109-2005, SEC.7;P.L.164-2006, SEC.105.
IC 3-11-8-30
Poll list; return to circuit court clerk; preservation
Sec. 30. Each inspector shall return the poll lists, together with theoaths of the precinct election board members, in a sealed envelopeseparate from all other precinct election returns to the circuit courtclerk. The clerk shall preserve the poll lists for the period required byIC 3-10-1-31 or IC 3-10-1-31.1.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1993, SEC.148;P.L.14-2004, SEC.119.
IC 3-11-8-31
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-11-8-32
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-11-8-33
Repealed
(Repealed by P.L.4-1988, SEC.3.)