CHAPTER 9. ASSISTANCE TO CERTAIN VOTERS
IC 3-11-9
Chapter 9. Assistance to Certain Voters
IC 3-11-9-1
Application of chapter
Sec. 1. This chapter applies to:
(1) each precinct; and
(2) absentee voting, including the casting of an absentee ballotbefore an absentee voter board:
(A) in the office of the:
(i) circuit court clerk; or
(ii) board of elections and registration in a county subjectto IC 3-6-5.2 or IC 3-6-5.4; or
(B) at a satellite office established under IC 3-11-10-26.3.
As added by P.L.5-1986, SEC.7. Amended by P.L.8-1992, SEC.24;P.L.66-2010, SEC.20.
IC 3-11-9-2
Voters with disabilities or unable to read or write English;assistance; affidavit
Sec. 2. (a) A voter who:
(1) is a voter with disabilities; or
(2) is unable to read or write English;
may request assistance in voting before entering the voting booth anddesignate a person (other than the voter's employer, an officer of thevoter's union, or an agent of the voter's employer or union) to assistthe voter in voting at an election, as required by 42 U.S.C. 1973aa-6.
(b) This subsection does not apply to a person designated by avoter described by subsection (a) who is voting absentee before two(2) members of the absentee voter board. The person designated mustexecute a sworn affidavit on a form provided by the precinct electionboard stating that, to the best of the designated person's knowledge,the voter:
(1) is a voter with disabilities or is unable to read or writeEnglish; and
(2) has requested the designated person to assist the voter invoting under this section.
(c) The person designated may then accompany the voter into thevoting booth and assist the voter in marking the voter's paper ballotor ballot card or in registering the voter's vote on the electronicvoting system.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.258;P.L.10-1988, SEC.112; P.L.4-1991, SEC.93; P.L.8-1992, SEC.25;P.L.3-1993, SEC.149; P.L.14-2004, SEC.120; P.L.221-2005,SEC.67.
IC 3-11-9-3
Voter does not designate individual to assist voter; who must assist
Sec. 3. (a) The following individuals shall assist a voter describedby section 2 of this chapter who requests assistance in voting before
entering the voting booth but does not wish to designate a personunder that section.
(1) The two (2) judges if the voter is voting at a precinct.
(2) Two (2) members of the absentee voter board if the voter isvoting absentee.
(b) This subsection does not apply to a person designated by avoter described by subsection (a) who is voting absentee before two(2) members of the absentee voter board. The individuals describedin subsection (a) shall execute a sworn affidavit on a form providedby the precinct election board stating that, to the best of theindividuals' knowledge, the voter:
(1) is a voter with disabilities or is unable to read or writeEnglish;
(2) has requested assistance in voting; and
(3) does not wish to designate a person to assist the voter invoting under section 2 of this chapter.
(c) The two (2) individuals described in subsection (a) shall thenaccompany the voter into the voting booth to assist the voter inmarking the voter's paper ballot or ballot card or in registering thevoter's vote on the electronic voting system.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.259;P.L.10-1988, SEC.113; P.L.4-1991, SEC.94; P.L.8-1992, SEC.26;P.L.3-1993, SEC.150; P.L.221-2005, SEC.68.
IC 3-11-9-4
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-11-9-5
"Service animal"
Sec. 5. (a) As used in this section, "service animal" has themeaning set forth in IC 35-46-3-11.5.
(b) A voter who requires the assistance of a service animal isentitled to bring the animal into the polls and the voting booth.
As added by P.L.66-2003, SEC.41.
IC 3-11-9-6
Voter with disability entitled to vote on direct record electronicvoting system; exception
Sec. 6. (a) This section applies only to a voter with a disability.
(b) This section does not apply to an absentee ballot cast by avoter before an absentee voter board visiting the voter's place ofconfinement or the voter's residence.
(c) A voter is entitled to vote on a direct record electronic votingsystem that complies with IC 3-11-8.
As added by P.L.66-2010, SEC.21.