CHAPTER 2. COUNTING OF PAPER BALLOT VOTES
IC 3-12-2
Chapter 2. Counting of Paper Ballot Votes
IC 3-12-2-1
Chapter establishes standards to define vote; ballot countingprocedures
Sec. 1. (a) This chapter:
(1) is enacted to comply with 42 U.S.C. 15481 by establishinguniform and nondiscriminatory standards to define what will becounted as a vote on a paper ballot; and
(2) applies to each precinct where voting is by paper ballot.
(b) After the polls have closed, each precinct election board shallcount the paper ballot votes for each candidate for each office and oneach public question. The ballots shall be counted by laying eachballot upon a table in the order in which it is taken from the ballotbox.
(c) Notwithstanding subsection (b), the precinct election boardmay count absentee ballots before the polls have closed. If theprecinct election board counts absentee ballots under this subsection,a member of the precinct election board may not, before the pollshave closed, provide any person other than a member of the precinctelection board with information concerning the number of votes:
(1) a candidate received for an office; or
(2) cast to approve or reject a public question;
on absentee ballots counted under this subsection.
(d) If a precinct election board administers more than one (1)precinct, the board shall keep the ballots cast in each precinctseparate from ballots cast in any other precinct, so that the votes castfor each candidate and on each public question in each of theprecincts administered by the board may be determined.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.339;P.L.10-1988, SEC.123; P.L.3-1995, SEC.119; P.L.209-2003,SEC.181; P.L.230-2005, SEC.56.
IC 3-12-2-2
Viewing of counting of votes by inspector and judge of oppositepolitical party
Sec. 2. During the counting of the votes, the inspector and thejudge of the opposite political party from the inspector shall view theballots as the names of the candidates voted for are read from theballots.
As added by P.L.5-1986, SEC.8.
IC 3-12-2-3
Protest of ballot by member of precinct election board
Sec. 3. During the counting of the votes, any member of theprecinct election board may protest the counting of any ballot or anypart of a ballot.
As added by P.L.5-1986, SEC.8.
IC 3-12-2-4
Protest of ballot; duties of poll clerks
Sec. 4. If a ballot or any part of a ballot is protested, the pollclerks immediately shall write on the back of each protested ballotthe word "counted" or the words "not counted", as appropriate. Theclerks then shall officially sign each protested ballot.
As added by P.L.5-1986, SEC.8.
IC 3-12-2-5
Vote count procedure where more than one precinct located insame room
Sec. 5. Except as provided in section 1(c) of this chapter, if thepolls for more than one (1) precinct are located in the same room, theinspector of a precinct using the room may not begin the vote countprocedure until all the polls in the room are officially closed and nomore persons are waiting in line to vote.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.340;P.L.3-1995, SEC.120.
IC 3-12-2-6
Certificate and memorandum of votes cast
Sec. 6. When all votes have been counted, the precinct electionboard shall prepare a certificate stating the number of votes that eachcandidate received for each office and the number of votes cast oneach public question. The number of votes that each candidate andpublic question received shall be written in words and numbers. Theboard shall also prepare a memorandum of the total vote cast foreach candidate and ensure that each member of the board receives acopy of the memorandum.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.341;P.L.221-2005, SEC.101.
IC 3-12-2-7
Delivery of certificates, list of voters, and tally papers upon votetabulation
Sec. 7. The inspector and the judge of the opposite political partyshall deliver the certificates prepared under section 6 of this chapter,the list of voters, and the tally papers to the county election boardimmediately upon the tabulation of the vote.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.342;P.L.3-1993, SEC.179.
IC 3-12-2-7.5
Counting federal write-in absentee ballots described inIC 3-11-4-12.5
Sec. 7.5. (a) This section applies to the counting of federalwrite-in absentee ballots described in IC 3-11-4-12.5.
(b) If a voter writes an abbreviation, misspelling, or other minorvariation instead of the correct name of a candidate or political party,that vote shall be counted if the intent of the voter can be determined. (c) If a voter casts a ballot under this section for President or VicePresident of the United States and writes in the name of a candidateor political party that has not:
(1) certified a list of electors under IC 3-10-4-5; or
(2) included a list of electors on the declaration for candidacyfiled by a write-in candidate under IC 3-8-2-2.5;
the vote for President or Vice President is void. The remaining voteson the ballot may be counted.
(d) IC 3-12-1-7 applies to a ballot subject to this section.
(e) A ballot subject to this section may not be counted if:
(1) the ballot was submitted:
(A) by an overseas voter who is not an absent uniformedservices voter; and
(B) from within the United States;
(2) the voter's completed regular state absentee ballot wasreceived by the county election board by the deadline forreceiving absentee ballots under IC 3-11-10-11; or
(3) the ballot subject to this section was not received by thecounty election board by the deadline for receiving absenteeballots under IC 3-11-10-11.
As added by P.L.3-1987, SEC.343. Amended by P.L.10-1992,SEC.23; P.L.3-1993, SEC.180; P.L.198-2005, SEC.15; P.L.66-2010,SEC.30.
IC 3-12-2-8
Inspector's duty after ballots have been counted
Sec. 8. As soon as the ballots have been counted, the inspectorshall, in the presence of the judges and poll clerks:
(1) place in a strong and stout paper envelope or bag:
(A) all ballots, voted and not voted, together with allprotested, disputed, and uncounted ballots;
(B) the seals of the ballot packages; and
(C) one (1) copy of each of the certificates, list of voters, andtally papers;
(2) securely seal the envelope or bag;
(3) have both clerks initial the envelope or bag; and
(4) plainly mark on the outside of the envelope or bag, in ink,the precinct where the ballots were cast.
As added by P.L.5-1986, SEC.8.
IC 3-12-2-9
Delivery of envelope or bag containing ballots to circuit courtclerk; notification of number of ballots in bag and condition ofseals of ballot packages
Sec. 9. The inspector and the judge of the opposite political partyshall deliver the envelope or bag prepared under section 8 of thischapter to the circuit court clerk immediately upon tabulation of thevotes. The inspector shall notify the clerk of the number of ballotsplaced in the envelope or bag and the condition of the seals of theballot packages.As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.344.
IC 3-12-2-10
Oath of inspector upon delivery of envelope or bag; contents
Sec. 10. Upon delivery of the envelope or bag to the circuit courtclerk under section 9 of this chapter, the inspector shall take andsubscribe an oath before the clerk stating that the inspector:
(1) closed and sealed the envelope or bag in the presence of thejudges and poll clerks;
(2) securely kept the ballots and papers in the envelope or bag;
(3) did not permit any person to open the envelope or bag or tootherwise touch or tamper with the ballots; and
(4) has no knowledge of any other person opening the envelopeor bag.
The oath shall be filed in the circuit court clerk's office with otherelection papers.
As added by P.L.5-1986, SEC.8.
IC 3-12-2-11
Envelope or bag to be placed in receptacle having two locks;disposition of keys
Sec. 11. Upon receipt of the envelope or bag under section 9 ofthis chapter, the envelope or bag shall be placed in a receptaclehaving two (2) different locks provided by the county executive. Thereceptacle shall be locked, and one (1) key shall be given to thecircuit court clerk and the other key shall be given to the countyelection board member of the other political party.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.181.
IC 3-12-2-12
Preservation of receptacle containing envelope or bag; contest ofelection; disposition of envelope or bag; use of ballots for electionresearch
Sec. 12. (a) The circuit court clerk shall preserve the receptaclecontaining the envelope or bag in the clerk's office for the periodrequired under IC 3-10-1-31 or IC 3-10-1-31.1. However, if theelection is contested, then the clerk shall preserve the receptaclecontaining the envelope or bag as long as the contest isundetermined. During those periods the clerk shall keep thereceptacle securely locked, subject only to an order of the courttrying a contest.
(b) When permitted under IC 3-10-1-31 or IC 3-10-1-31.1, theclerk and county election board member of the opposite politicalparty shall remove the envelope or bag from the receptacle anddestroy the envelope or bag.
(c) A county election board may contract with a state educationalinstitution to dispose of ballots. The contract must provide that:
(1) the ballots will be used by the state educational institutionto conduct election research; and
(2) the state educational institution may not receive any ballots
under this subsection until the period for retention underIC 3-10-1-31 or IC 3-10-1-31.1 has expired.
As added by P.L.5-1986, SEC.8. Amended by P.L.7-1986, SEC.4;P.L.3-1987, SEC.345; P.L.3-1993, SEC.182; P.L.14-2004, SEC.157;P.L.2-2007, SEC.15.
IC 3-12-2-13
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-12-2-14
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-12-2-15
Certificate for news media of results; delivery to circuit court clerkand news media
Sec. 15. Immediately upon completion of the vote count, eachprecinct election board shall make and sign a certificate for the newsmedia showing the total number of votes received by each candidateand on each public question in the precinct. The inspector and judgeof the opposite political party shall deliver the certificate to thecircuit court clerk at the same time that the certificates, lists ofvoters, and tally papers are delivered under section 7 of this chapter.The circuit court clerk immediately shall deliver the certificate madefor the news media to any person designated to receive the certificateby the editors of the newspapers published in the county or by themanagers of the radio and television stations operating in the county.The county election board shall furnish each precinct election boardwith the forms on which the certificates are to be prepared.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.346.
IC 3-12-2-16
Canvass to continue to completion
Sec. 16. To minimize the delay in the counting of the vote,canvassing must begin immediately upon the closing of the polls andcontinue without interruption until all votes are canvassed and allcertificates of the vote required by section 6 of this chapter arecompleted and delivered to the persons entitled to receive thecertificates.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.347;P.L.3-1989, SEC.11.