CHAPTER 3. COUNTING BALLOT CARD VOTES
IC 3-12-3
Chapter 3. Counting Ballot Card Votes
IC 3-12-3-1
Counting of ballot cards
Sec. 1. (a) Subject to IC 3-12-2-5, after the marking devices havebeen secured against further voting under IC 3-11-13-36, theinspector shall open the ballot box and count the number of ballotcards or envelopes containing ballot cards that have been cast todetermine whether the number of cards cast exceeds the number ofvoters shown on the poll lists. If the number of ballot cards castexceeds the total number of voters, this fact shall be reported inwriting to the appropriate election officer together with the reasonsfor the discrepancy, if known. The total number of voters shall beentered on the tally sheets.
(b) A ballot card may not be removed from a secrecy envelopecontaining a write-in vote under this section.
As added by P.L.5-1986, SEC.8. Amended by P.L.4-1991, SEC.112.
IC 3-12-3-1.1
Chapter establishes standards to define vote
Sec. 1.1. This chapter is enacted to comply with 42 U.S.C. 15481by establishing uniform and nondiscriminatory standards to definewhat will be counted as a vote on an optical scan voting system.
As added by P.L.209-2003, SEC.183.
IC 3-12-3-1.2
Closing of all polls located in one room before vote count
Sec. 1.2. This section applies to a precinct where votes have beencast on a ballot card system that is designed to allow the countingand tabulation of votes by the precinct election board. Except asprovided in section 14 of this chapter, if the polls for more than one(1) precinct are located in the same room, the inspector of a precinctusing the room may not begin the vote counting procedure until allthe polls in the room are officially closed and no more persons arewaiting in line to vote.
As added by P.L.10-1988, SEC.125. Amended by P.L.1-1993, SEC.8;P.L.3-1995, SEC.123.
IC 3-12-3-1.5
Protest; marking and signing of protested ballots
Sec. 1.5. (a) During the tabulation of the votes, any member of theprecinct election board in a precinct where votes have been cast ona ballot card system that is designed to allow the counting andtabulation of votes by the precinct election board may protest thecounting of any ballot or any part of a ballot cast in that precinct.
(b) During the tabulation of votes at a central counting locationunder section 3 of this chapter:
(1) a member of the precinct election board in a precinct wherevotes were cast on a ballot card system; or (2) a member of the county election board, if a member of theprecinct election board is not present during the tabulation ofthe votes of the precinct;
may protest the counting of any ballot or part of a ballot cast in thatprecinct.
(c) If a ballot or any part of a ballot is protested, the poll clerks inthe precinct where votes have been cast or the member of the countyelection board, if the poll clerks are not present during the tabulationof votes at a central counting location, immediately shall write on theback of the protested ballot card the word "counted" or "not counted"as appropriate. The clerks or county election board member thenshall officially sign each protested ballot card.
As added by P.L.10-1988, SEC.126. Amended by P.L.5-1989,SEC.65; P.L.1-1993, SEC.9; P.L.3-1993, SEC.184.
IC 3-12-3-2
Counted ballot cards; processing
Sec. 2. (a) After the ballot cards have been counted under section1 of this chapter, the precinct election board shall comply with thissection.
(b) This subsection applies if the votes have been cast on a ballotcard voting system that is not designed to allow the counting andtabulation of votes by the precinct election board. The inspector shallplace all cards that have been cast in the container provided for thatpurpose and the container shall be sealed by the inspector in thepresence of the precinct election board. The inspector and the judgeof the opposite political party shall immediately deliver thecontainer, together with the unused, uncounted, and defective cardsand returns, to the central counting location or other designatedplace.
(c) This subsection applies if the votes have been cast on a ballotcard voting system that is designed to allow the counting andtabulation of votes by the precinct election board. The precinctelection board shall:
(1) process the ballot cards with the automatic tabulatingmachine provided to the precinct, if the vote is notautomatically registered by the ballot card voting system;
(2) take the vote as tabulated under subdivision (1) or asautomatically registered by the ballot card voting system; and
(3) certify the totals and the ballot count as required undersection 1 of this chapter on forms supplied to the precinct forthat purpose.
Copies of the totals shall be delivered to each member of the precinctelection board. One (1) copy of the vote totals shall be prepared andsigned for the news media on the form furnished by the countyelection board.
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.40;P.L.3-1987, SEC.349; P.L.1-1993, SEC.10.
IC 3-12-3-2.5
Central counting location
Sec. 2.5. (a) Not later than ten (10) days before any election atwhich ballot cards will be tabulated at a central counting location,the county election board shall designate the counting location to beused for the processing or counting of ballots.
(b) This counting location must be located within the county orwithin an adjoining county in Indiana. If the counting location iswithin the county, the board shall also determine whether theprecinct officials are to make their returns directly to the countinglocation or to the office of the clerk of the circuit court. If thecounting location is outside the county, all precinct returns shall bemade directly to the office of the clerk of the circuit court or to thechief deputy of a combined election board established underIC 3-6-5.2.
(c) No counting location shall be used by more than one (1)county at an election without the approval of the commission.
(d) Whenever the precinct returns are made directly to the officeof the clerk of the circuit court and the counting location is notperformed in that office, the county election board is responsible forarranging adequate security during the transfer of all ballot cards tothe counting location. This security shall include the following:
(1) All ballot cards must at all times be under the supervision ofat least two (2) persons, one (1) from each of two (2) politicalparties entitled to have a member on the county election board.
(2) At least one (1) member of the county sheriff's departmentshall accompany the ballot cards from the clerk's office to thecounting location. This assistance shall be rendered underIC 3-6-5-33.
As added by P.L.3-1997, SEC.340.
IC 3-12-3-3
Proceedings at central counting location; direction andobservation; open to public
Sec. 3. All proceedings at a central counting location shall bedirected by the appropriate election officers under the observation ofat least two (2) precinct judges or other appropriate election officerswho are not of the same political party. The proceedings must beopen to the public, but no persons except those employed andauthorized for that purpose may touch a ballot card, ballot container,or return.
As added by P.L.5-1986, SEC.8.
IC 3-12-3-4
Opening of ballot cards container and removal of contents
Sec. 4. At a central counting location each container of ballotcards shall be opened and its contents removed. The ballot cardsshall be:
(1) checked to determine if the cards are properly grouped; and (2) arranged so that all similar cards from a precinct aretogether.
As added by P.L.5-1986, SEC.8.
IC 3-12-3-5
Damaged or defective ballot card; absentee ballot of absentuniformed services voter or overseas voter; failure of tabulatingmachine
Sec. 5. (a) If a ballot card is damaged or defective so that it cannotproperly be counted by the automatic tabulating machines, then aremake team composed of one (1) person from each of the majorpolitical parties of the county shall have the card prepared forprocessing so as to record accurately the intention of the voterinsofar as it can be ascertained.
(b) If the ballot card voting system is designed to allow thecounting and tabulation of votes by the precinct election board, themembers of the remake team must be members of the precinctelection board in which the ballot was cast.
(c) If necessary, a true, duplicate copy shall be made of thedamaged ballot card in the presence of witnesses and substituted forthe damaged card. Similarly, a duplicate ballot card shall be made ofa defective card, not including the uncounted votes.
(d) This subsection applies to an absent uniformed services voteror overseas voter permitted to transmit an absentee ballot by fax orelectronic mail under IC 3-11-4-6. To facilitate the transmittal andreturn of the voter's absentee ballot by fax or electronic mail, thecounty election board may provide the voter with a paper ballotrather than a ballot card. The paper ballot must conform with therequirements for paper ballots set forth in IC 3-10 and IC 3-11. Afterthe voter returns the ballot by fax or electronic mail, a remake teamappointed under this section shall prepare a ballot card for processingthat accurately records the intention of the voter as indicated on thepaper ballot. The ballot card created under this subsection must bemarked and counted as a duplicate ballot under sections 6 through 7of this chapter.
(e) If an automatic tabulating machine fails during the countingand tabulation of votes following the close of the polls, the countyelection board shall immediately arrange for the repair and properfunctioning of the system. The county election board may, byunanimous vote of its entire membership, authorize the counting andtabulation of votes for this election on an automatic tabulatingmachine approved for use in Indiana by the commission:
(1) until the repair and retesting of the malfunctioning machine;and
(2) whether or not the machine was tested under IC 3-11-13-22.
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.41;P.L.3-1987, SEC.350; P.L.1-1993, SEC.11; P.L.3-1997, SEC.341;P.L.263-2003, SEC.4; P.L.97-2004, SEC.12; P.L.198-2005, SEC.16.
IC 3-12-3-6
Duplicate ballot card to be clearly labeled and bear serial number
Sec. 6. All duplicate ballot cards must:
(1) be clearly labeled "duplicate"; and
(2) bear a serial number, which shall be recorded on thedamaged or defective card.
As added by P.L.5-1986, SEC.8.
IC 3-12-3-7
Duplicate ballot card to be counted
Sec. 7. Each duplicate ballot card shall be counted instead of thedamaged or defective card.
As added by P.L.5-1986, SEC.8.
IC 3-12-3-8
Votes to be counted manually if automatic tabulating machines testnot conducted
Sec. 8. If either test of automatic tabulating machines required byIC 3-11-13-22 and IC 3-11-13-26 is not conducted for a particularoffice or public question, the votes for that office or question shall becounted manually. If for any reason it becomes impracticable tocount all or some of the ballot cards with automatic tabulatingmachines:
(1) the precinct election board in which the machine is located,if the ballot card voting system is designed to allow thecounting and tabulation of votes by the precinct election board;or
(2) the county election board, if the ballot card voting system isnot designed to allow the counting and tabulation of votes bythe precinct election board;
may direct that they be counted manually.
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.42;P.L.3-1987, SEC.351; P.L.1-1993, SEC.12.
IC 3-12-3-9
Manual counting of ballot cards; compliance with tabulatingstandards
Sec. 9. If ballot cards are counted manually, the tabulation ofvotes must comply with the standards prescribed by IC 3-11-7.
As added by P.L.5-1986, SEC.8.
IC 3-12-3-10
Procedures after vote totals have been taken and certified; ballotcards and automatic tabulating machines; disposition; inspector'soath
Sec. 10. (a) After the voting totals have been taken and certifiedby a precinct election board under section 2(c) of this chapter, theinspector shall:
(1) seal each automatic tabulating machine used in the precinct; (2) place all ballot cards that have been counted in the containerprovided for that purpose; and
(3) seal the container into which the ballot cards have beenplaced;
in the presence of the precinct election board. The automatictabulating machine may not be moved from the polls after the pollsare closed until collected.
(b) The inspector and judge of the opposite political party shalldeliver:
(1) the certification of the vote totals and one (1) copy of thecertificate prepared under section 2(c) of this chapter for thecircuit court clerk;
(2) the certificate of the vote totals prepared under section 2(c)of this chapter for the news media;
(3) the container in which ballot cards have been placed undersubsection (a); and
(4) the unused, uncounted, and defective ballot cards andreturns;
to the circuit court clerk.
(c) The inspector and judge of the opposite political party shalldeliver the certificates and the list of voters to the county electionboard by midnight on election day. However, if:
(1) a ballot card voting system failed;
(2) the failure of the system was reported as required by thistitle;
(3) paper ballots were used in place of the system; and
(4) the use of the paper ballots caused a substantial delay in thevote counting process;
then the certificates, the list of voters, and the tally papers shall bedelivered as soon as possible.
(d) Upon delivery of the container to the circuit court clerk undersubsection (c), the inspector shall take and subscribe an oath beforethe clerk stating that the inspector:
(1) closed and sealed the container in the presence of the judgesand poll clerks;
(2) securely kept the ballot cards in the container;
(3) did not permit any person to open the container or tootherwise touch or tamper with the ballot cards; and
(4) has no knowledge of any other person opening thecontainer.
(e) Each oath taken under subsection (d) shall be filed in thecircuit court clerk's office with other election papers.
(f) Upon completion of the counting of the votes by a precinctelection board under section 2(c) of this chapter or at a centrallocation, all ballot cards shall be arranged by precincts and kept bythe circuit court clerk for the period required by IC 3-10-1-31 orIC 3-10-1-31.1. The clerk shall determine the final disposition of allvoted ballot cards.
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.43;P.L.3-1987, SEC.352; P.L.3-1993, SEC.185; P.L.14-2004, SEC.158.
IC 3-12-3-11
Official return of precinct; publication
Sec. 11. (a) The return printed by the automatic tabulatingmachines, along with the return of votes by absentee and provisionalvoters, constitutes the official return of each precinct. Uponcompletion of the count, the return is open to the public.
(b) This subsection applies if the votes have been cast on a ballotcard voting system that is not designed to allow the counting andtabulation of votes by the precinct election board. The circuit courtclerk shall, upon request, furnish to the media in the area the resultsof the tabulation.
(c) This subsection applies if the votes have been cast on a ballotcard voting system that is designed to allow the counting andtabulation of votes by the precinct election board. Upon receiving thecertificate for the media prepared under section 2(c) of this chapter,the circuit court clerk shall deliver the certificate to any persondesignated to receive the certificate by the editors of the newspaperspublished in the county or by the managers of the radio andtelevision stations operating in the county.
(d) If a precinct election board administers more than one (1)precinct, the precinct election board or circuit court clerk shall keepthe ballots cast in each precinct separate from ballots cast in anyother precinct, so that the votes cast for each candidate and on eachpublic question in each of the precincts administered by the boardmay be determined.
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.44;P.L.3-1987, SEC.353; P.L.1-1993, SEC.13; P.L.126-2002, SEC.88;P.L.230-2005, SEC.57.
IC 3-12-3-12
Casting of votes by absentee voters; counting
Sec. 12. Votes by absentee voters may be cast on paper ballots orballot cards, or both methods may be used. The ballots may becounted by an automatic tabulating machine or by special canvassingboards appointed by and under the direction of the county electionboard. A true copy of each paper absentee ballot may be made on aballot card, which, after being verified in the presence of witnesses,shall be counted in the same manner as other ballot cards.
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.45.
IC 3-12-3-12.5
Vote count to continue to completion
Sec. 12.5. To minimize the delay in the counting of the vote, thecount must begin immediately upon delivery of the cards to thecentral counting location under section 2(b) of this chapter or uponthe closing of the polls under section 2(c) of this chapter. Thetabulation must continue without interruption until all votes arecanvassed and all certificates of the vote totals required under section10(b) of this chapter or totals required under section 11(b) of this
chapter are completed and delivered to the persons entitled to receivethe certificates or totals.
As added by P.L.3-1987, SEC.354.
IC 3-12-3-13
Recount; procedure
Sec. 13. In case of a recount, all ballot cards shall be recounted inthe manner prescribed by this chapter unless:
(1) the court ordering the recount or the state recountcommission directs that they be counted manually; or
(2) a request for a manual recount is made under IC 3-12-6 orIC 3-12-11.
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.355.
IC 3-12-3-14
Absentee ballots
Sec. 14. (a) The precinct election board may count absenteeballots before the polls have closed.
(b) If the precinct election board counts absentee ballots underthis section, a member of the precinct election board may not, beforethe polls have closed, provide any person other than a member of theprecinct election board with information concerning the number ofvotes:
(1) a candidate received for an office; or
(2) cast to approve or reject a public question;
on absentee ballots counted under this section.
As added by P.L.3-1995, SEC.124.