CHAPTER 1. RULES FOR COUNTING BALLOTS
IC 3-12
ARTICLE 12. ASCERTAINING RESULTS OFELECTIONS
IC 3-12-1
Chapter 1. Rules for Counting Ballots
IC 3-12-1-1
Intent of voter primary factor to consider in determining voter'schoice on ballot
Sec. 1. Subject to sections 5, 6, 8, 9, 9.5, and 13 of this chapter,the primary factor to be considered in determining a voter's choice ona ballot is the intent of the voter. If the voter's intent can bedetermined on the ballot or on part of the ballot, the vote shall becounted for the affected candidate or candidates or on the publicquestion. However, if it is impossible to determine a voter's choiceof candidates on a part of a ballot or vote on a public question, thenthe voter's vote concerning those candidates or public questions maynot be counted.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.328.
IC 3-12-1-1.2
Chapter establishes standards to define vote
Sec. 1.2. (a) This chapter is enacted to comply with 42 U.S.C.15481 by establishing uniform and nondiscriminatory standards todefine what will be counted as a vote on a paper ballot, optical scanvoting system, or electronic voting system.
(b) The standards in this chapter apply to counting votes on everyvoting system, except where specific standards applicable only:
(1) to a type of voting system are provided under IC 3-12-2,IC 3-12-3, or IC 3-12-3.5; and
(2) in a recount or contest proceeding are provided underIC 3-12-6, IC 3-12-8, IC 3-12-11, or IC 3-12-12.
As added by P.L.209-2003, SEC.180.
IC 3-12-1-1.5
"Election officer" defined
Sec. 1.5. As used in this chapter, "election officer" means a personemployed or appointed by the state, a political subdivision, or apolitical party to perform a duty under this title.
As added by P.L.3-1987, SEC.329.
IC 3-12-1-1.7
Write-in votes
Sec. 1.7. (a) The following provisions govern the counting ofwrite-in votes:
(1) Except as provided in subsection (b), only votes cast fordeclared write-in candidates shall be counted and certified.
(2) The name of a candidate, written on the space reserved forwrite-in voting, is not considered a distinguishing mark that
would invalidate a ballot under section 3 of this chapter.However, the name or office of a candidate written in a place onthe ballot other than the place reserved for write-in voting maynot be counted for that office.
(3) A write-in vote for an office is void if the voter attempts tocast the vote by a means other than printing the name of thecandidate in ink or lead pencil. The use of stickers, labels,rubber stamps, or other similar device is not permitted.
(4) An abbreviation, a misspelling, or other minor variation inthe form of the name of a candidate or an office shall bedisregarded in determining the validity of the ballot if theintention of the voter can be ascertained.
(5) Write-in votes for each write-in candidate shall be countedseparately using the tally sheets provided by the county electionboard.
(b) This subsection does not apply to an office for which morethan one (1) individual may be nominated or elected within the sameelection district. A write-in vote cast for an individual whose nameappears on the ballot as a candidate for that office shall be countedas a vote for the candidate.
As added by P.L.4-1991, SEC.110. Amended by P.L.3-1993,SEC.177; P.L.3-1997, SEC.338.
IC 3-12-1-2
Ballot void if not properly endorsed; absentee ballots
Sec. 2. (a) This section does not apply to absentee ballots.
(b) The whole ballot may not be counted, subject to section 12 ofthis chapter, if the ballot is not endorsed with the initials of the pollclerks.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.330.
IC 3-12-1-3
Ballot void if it bears distinguishing mark or mutilation
Sec. 3. The whole ballot is void if the ballot bears anydistinguishing mark (other than a voting mark) or a mutilation madeby the voter or an election officer with the intent to enable a personto determine who cast the marked or mutilated ballot.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.331.
IC 3-12-1-4
Ballot void for extrinsic act; erasures
Sec. 4. (a) The whole ballot is void if a voter does any actextrinsic to the ballot, such as enclosing any paper or other article inthe folded ballot, with the intent to enable a person to determine thatthe voter cast the ballot.
(b) An erasure by a voter does not make the whole ballot voidunless made with the intent to enable a person to determine who castthe ballot, but it does not register a vote for the elected office,political party office, or public question for which it is made.
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.34;
P.L.3-1987, SEC.332.
IC 3-12-1-5
Voting mark on or in voting square
Sec. 5. A voting mark made by a voter on or in a voting square atthe left of a candidate's name shall be counted as a vote for thecandidate.
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.35.
IC 3-12-1-6
Voting mark on or in voting square; public questions
Sec. 6. A voting mark made by a voter on or in a voting squarefollowing the word "Yes" or the word "No" before a public questionshall be counted as indicated.
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.36.
IC 3-12-1-7
Straight party ticket voting; counting multiple votes
Sec. 7. (a) This subsection applies whenever a voter:
(1) votes a straight party ticket; and
(2) votes only for one (1) or more individual candidates who areall of the same political party as the straight ticket vote.
The straight ticket vote shall be counted and the individual candidatevotes may not be counted.
(b) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates ofone (1) political party;
(2) only one (1) person may be elected to an office; and
(3) the voter has voted for one (1) individual candidate for theoffice described in subdivision (2) who is:
(A) a candidate of a political party other than the party forwhich the voter voted a straight ticket; or
(B) an independent candidate for the office.
If the voter has voted for one (1) individual candidate for the officedescribed in subdivision (2), the individual candidate vote for thatoffice shall be counted, the straight party ticket vote for that officemay not be counted, and the straight party ticket votes for otheroffices on the ballot shall be counted.
(c) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates ofone (1) political party; and
(2) the voter has voted for more individual candidates for theoffice than the number of persons to be elected to that office.
The individual candidate votes for that office may not be counted,the straight party ticket vote for that office may not be counted, andthe straight party ticket votes for other offices on the ballot shall becounted.
(d) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates ofone (1) political party; (2) more than one (1) person may be elected to an office; and
(3) the voter has voted for individual candidates for the officedescribed in subdivision (2) who are:
(A) independent candidates;
(B) candidates of a political party other than the politicalparty for which the voter cast a straight party ticket undersubdivision (1); or
(C) a combination of candidates described in clauses (A) and(B).
The individual votes cast by the voter for the office for theindependent candidates and the candidates of a political party otherthan the political party for which the voter cast a straight party ticketshall be counted. The straight party ticket vote cast by that voter forthat office shall be counted unless the total number of votes cast forthe office by the voter, when adding the voter's votes for theindividual candidates for the office and the voter's straight partyticket votes for the office, is greater than the number of persons to beelected to the office. If the total number of votes cast for the officeis greater than the number of persons to be elected to the office, thestraight party ticket votes for the office may not be counted. Thestraight party ticket votes for other offices on the voter's ballot shallbe counted.
(e) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates ofone (1) political party;
(2) more than one (1) person may be elected to an office; and
(3) the voter has voted for individual candidates for the officedescribed in subdivision (2) who are:
(A) independent candidates or candidates of a political partyother than the political party for which the voter cast astraight party ticket under subdivision (1); and
(B) candidates of the same political party for which the votercast a straight party ticket under subdivision (1).
The individual votes cast by the voter for the office for theindependent candidates and the candidates of a political party otherthan the political party for which the voter cast a straight party ticketshall be counted. The individual votes cast by the voter for the officefor the candidates of the same political party for which the voter casta straight party ticket may not be counted. The straight party ticketvote cast by that voter for that office shall be counted unless the totalnumber of votes cast for the office by the voter, when adding thevoter's votes for the individual candidates for the office and thevoter's straight party ticket vote for the office is greater than thenumber of persons to be elected to the office. If the total number ofvotes cast for the office is greater than the number of persons to beelected to the office, the straight party ticket votes for that office maynot be counted. The straight party ticket votes for other offices on thevoter's ballot shall be counted.
(f) If a voter votes a straight party ticket for more than one (1)political party, the whole ballot is void with regard to all candidates
nominated by a political party or designated as independentcandidates on the ballot. However, the voter's vote for a school boardcandidate or on a public question shall be counted if otherwise validunder this chapter.
(g) If a voter does not vote a straight party ticket and the numberof votes cast by that voter for the candidates for an office are lessthan or equal to the number of openings for that office, the individualcandidates votes shall be counted.
(h) If a voter does not vote a straight party ticket and the numberof votes cast by that voter for an office exceeds the number ofopenings for that office, none of the votes concerning that office maybe counted.
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.37;P.L.3-1993, SEC.178; P.L.3-1997, SEC.339; P.L.164-2006,SEC.124.
IC 3-12-1-7.5
Write-in votes; straight party ticket or multiple votes
Sec. 7.5. (a) If a voter votes a straight party ticket for at least one(1) office for which only one (1) person may be elected and writes inthe name of a candidate, the straight party ticket vote shall becounted for all offices except the offices for which a write-in votewas cast. The write-in vote shall be counted if the voter's intent canbe determined.
(b) If a voter votes a straight party ticket for an office for whichat least two (2) people may be elected and writes in the name of acandidate, the straight party vote for that office may not be countedunless:
(1) fewer candidates appear on the party's ticket than may beelected; and
(2) the voter has not written in a number of names that, whenadded to the straight party candidate's name, would be greaterthan the number of seats available for that office.
(c) If a voter votes for one (1) individual candidate for an officefor which only one (1) person may be elected and also writes in thename of another candidate for the same office, neither vote may becounted.
(d) If a voter votes for at least one (1) individual candidate for anoffice for which at least two (2) people may be elected and alsowrites in the name of at least one (1) candidate, the vote for thatoffice may not be counted unless the number of individual votes castfor the office, when added to the number of write-in votes cast forthat office, is less than or equal to the number of seats available forthat office.
(e) If a voter votes an individual or a straight party vote for acandidate for an office and also writes in the name of the samecandidate for the same office, only one (1) vote for that candidatemay be counted.
As added by P.L.4-1991, SEC.111.
IC 3-12-1-8
Voting mark on political party device circle
Sec. 8. A voting mark made by a voter on or in a circle containinga political party device shall be counted as a vote for each candidateof that political party on that ballot.
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.38;P.L.3-1987, SEC.333.
IC 3-12-1-9
Voting mark touching circle or square; counting
Sec. 9. (a) A voting mark that touches a circle or a square shall becounted as if it were on or in the circle or square.
(b) A voting mark that:
(1) does not touch a circle or square; and
(2) is not on or in the circle or square;
may not be counted.
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.39;P.L.3-1987, SEC.334.
IC 3-12-1-9.5
Remake of damaged or defective ballot card; conditions
Sec. 9.5. (a) This section applies to counting votes cast on ballotcards.
(b) This subsection applies to a ballot card that:
(1) has been cast in a precinct whose votes are being recountedby a local recount commission or the state recount commission;
(2) is damaged or defective so that it cannot properly becounted by automated tabulating machines; and
(3) cannot be counted for the office subject to the recount dueto the damage or defect.
The ballot card shall be remade only if the conditions in subdivisions(1) through (3) exist.
As added by P.L.3-1987, SEC.335. Amended by P.L.58-2005,SEC.26; P.L.221-2005, SEC.100.
IC 3-12-1-10
Void ballot
Sec. 10. A ballot on which a voter writes:
(1) the voter's name;
(2) the voter's initials;
(3) a number; or
(4) a symbol (such as a star, circle, parallel lines, dots, or anycombination of such symbols), if written with the intent toenable a person to determine who cast the ballot;
is void.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.336.
IC 3-12-1-11
Primary election; application of chapter
Sec. 11. In applying this chapter to a primary election, the voting
square includes the voting space at the left of the name of a candidateon the primary ballot.
As added by P.L.5-1986, SEC.8.
IC 3-12-1-12
Application to votes cast by any method; counting vote madeinvalid by mistake or inadvertence of election officer
Sec. 12. (a) This section applies to votes cast by any method.
(b) Except as provided in section 13 of this chapter, a ballot thathas been marked and cast by a voter in compliance with this title butmay otherwise not be counted solely as the result of the act or failureto act of an election officer may nevertheless be counted in aproceeding under IC 3-12-6, IC 3-12-8, or IC 3-12-11 unlessevidence of fraud, tampering, or misconduct affecting the integrityof the ballot is presented by a party to the proceeding.
(c) The act or failure to act by an election officer is not by itselfevidence of fraud, tampering, or misconduct affecting the integrityof the ballot.
As added by P.L.7-1986, SEC.3. Amended by P.L.3-1987, SEC.337;P.L.8-1992, SEC.29.
IC 3-12-1-13
Absentee ballots; necessary endorsements
Sec. 13. (a) This section applies only to absentee ballots.
(b) The whole ballot may not be counted unless the ballot isendorsed with the initials of:
(1) the two (2) members of the absentee voter board in theoffice of the circuit court clerk under IC 3-11-4-19 orIC 3-11-10-26; or
(2) the two (2) appointed members of the county election board(or their designated representatives) under IC 3-11-4-19.
As added by P.L.3-1987, SEC.338.
IC 3-12-1-14
Counting of vote cast for candidate who ceases to be candidate
Sec. 14. (a) This section does not apply to a vote:
(1) cast for president or vice president of the United Statesunder IC 3-10-4-6; or
(2) described by section 15 of this chapter.
(b) A vote cast for a candidate who ceases to be a candidate maynot be counted as a vote for a successor candidate selected underIC 3-13-1 or IC 3-13-2.
As added by P.L.5-1989, SEC.63.
IC 3-12-1-15
Vote cast for one straight party ticket
Sec. 15. (a) This section applies to a vote cast for one (1) straightparty ticket that includes a candidate for election to office who:
(1) ceases to be a candidate; and
(2) is succeeded by a candidate selected under IC 3-13-1 or
IC 3-13-2.
(b) A vote cast in the election for the original nominee isconsidered a vote cast for the successor.
As added by P.L.5-1989, SEC.64.
IC 3-12-1-16
Vote cast for "no candidate" or "candidate deceased"
Sec. 16. (a) This section applies when:
(1) a ballot:
(A) contains pasters applied under IC 3-11-3-29.5(a) tocover the name of an individual who is no longer acandidate; or
(B) is reprinted under IC 3-11-3-29.5(c) to omit the name ofan individual who is no longer a candidate; and
(2) the candidate vacancy is filled following the application ofthe pasters or the reprinting of the ballots.
(b) A vote cast on the ballot where the statement "NOCANDIDATE" or "CANDIDATE DECEASED" appears isconsidered a vote cast for the successor candidate.
As added by P.L.38-1999, SEC.57.
IC 3-12-1-17
Absentee ballot received from overseas voter; arrival time; whento count
Sec. 17. (a) This section applies only to an absentee ballot sent bymail.
(b) Notwithstanding IC 3-11-10-14 and IC 3-11.5-4-10, anabsentee ballot received from an overseas voter is not considered asarriving too late if both of the following apply:
(1) The absentee ballot envelope is postmarked not later thanthe date of the election.
(2) The absentee ballot is received not later than the deadlinefor counting provisional ballots under IC 3-11.7-5-1.
(c) If the postmark on the absentee ballot envelope is unclear, thecounty election board, by unanimous vote of the entire membershipof the board, determines the postmark date. If the board is unable todetermine the postmark date, the absentee ballot may not be counted.
As added by P.L.164-2006, SEC.125.
IC 3-12-1-18
Federal write-in absentee ballot cast in primary election by absentuniformed services voter or overseas voter; voter actions that voidballot
Sec. 18. (a) This section applies to a federal write-in absenteeballot cast in a primary election as provided in IC 3-11-4-12.5(b)(1)by an absent uniformed services voter or overseas voter.
(b) If a voter does any of the following, the voter's vote is void:
(1) The voter votes for more than one (1) candidate, and thecandidates are not on the official primary ballot of the samepolitical party. (2) The voter votes for a candidate who is not on the officialprimary ballot of any political party.
(3) The voter votes for a candidate who is on the officialprimary ballot of a political party, but the voter does notindicate the office for which the candidate seeks to benominated.
(c) If the voter votes for a political party, but the voter does notvote for any individual candidates who are on that political party'sofficial primary ballot, the voter's vote is void.
As added by P.L.66-2010, SEC.28.
IC 3-12-1-19
Federal write-in absentee ballot cast in general, municipal, orspecial election by absent uniformed services voter or overseasvoter; counting votes
Sec. 19. (a) This section applies to a federal write-in absenteeballot cast in a general election, municipal election, or specialelection as provided in IC 3-11-4-12.5(b)(2) by an absent uniformedservices voter or overseas voter.
(b) If a voter designates a candidate by writing in the name of apolitical party on the ballot, the voter's vote shall be counted for allcandidates of that political party on the ballot.
(c) If a voter writes an abbreviation, misspelling, or other minorvariation instead of the correct name of a candidate or a politicalparty, the voter's vote shall be counted if the intent of the voter canbe determined.
As added by P.L.66-2010, SEC.29.