CHAPTER 2. VOTE FRAUD
IC 3-14-2
Chapter 2. Vote Fraud
IC 3-14-2-1
Fraudulent application for registration or absentee ballot;fraudulent voting
Sec. 1. A person who knowingly does any of the followingcommits a Class D felony:
(1) Conspires with an individual for the purpose of encouragingthe individual to submit a false application for registration.
(2) Conspires with an individual for the purpose of encouragingthe individual to vote illegally.
(3) Pays or offers to pay an individual for doing any of thefollowing:
(A) Applying for an absentee ballot.
(B) Casting an absentee ballot.
(C) Registering to vote.
(D) Voting.
(4) Accepts the payment of any property for doing any of thefollowing:
(A) Applying for an absentee ballot.
(B) Casting an absentee ballot.
(C) Registering to vote.
(D) Voting.
As added by P.L.5-1986, SEC.10. Amended by P.L.103-2005,SEC.21.
IC 3-14-2-2
Fraudulent application for registration or procurement ofregistration
Sec. 2. A person who, knowing the person is not a voter and willnot be a voter at the next election, applies for registration or procuresregistration as a voter commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-2.5
Solicitation for fraudulent absentee ballot application
Sec. 2.5. A person who does either of the following, knowing thatan individual is ineligible to register to vote or to vote, commitsabsentee ballot fraud, a Class D felony:
(1) Solicits the individual to complete an absentee ballotapplication.
(2) Solicits the individual to submit an absentee ballotapplication to a county election board.
As added by P.L.103-2005, SEC.22.
IC 3-14-2-3
Fraudulent subscription of another person's name to affidavit ofregistration or absentee ballot application
Sec. 3. A person who: (1) subscribes the name of another person to an affidavit ofregistration or application for an absentee ballot knowing thatthe application contains a false statement; or
(2) subscribes the name of another person to an affidavit ofregistration or application for an absentee ballot without writingon it the person's own name and address as an attesting witness;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.103-2005,SEC.23.
IC 3-14-2-4
Registering to vote more than once
Sec. 4. A person who recklessly registers or offers to register tovote more than once commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-5
Destruction or failure to file or deliver registration form orabsentee ballot application after execution
Sec. 5. (a) A person who recklessly destroys or fails to deliver anabsentee ballot application to the proper officer after the applicationhas been executed by another individual in accordance withIC 3-11-4 commits a Class A misdemeanor.
(b) A person who recklessly destroys or fails to file or deliver tothe proper officer a registration affidavit or form of registration afterthe affidavit or form has been executed commits a Class Amisdemeanor.
As added by P.L.5-1986, SEC.10. Amended by P.L.103-2005,SEC.24.
IC 3-14-2-6
Unauthorized release or removal of registration materials orinformation
Sec. 6. A person who knowingly, intentionally, or recklesslyreleases or removes any registration materials or informationcontained in the computerized list maintained under IC 3-7-26.3 fromthe county voter registration office, except when release or removalis necessary:
(1) to comply with IC 3-7; or
(2) for the destruction of the materials under IC 5-15-6;
commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.87;P.L.4-1996, SEC.87; P.L.209-2003, SEC.192; P.L.164-2006,SEC.131.
IC 3-14-2-7
Withholding information or furnishing false information to polltaker; return of false names or names of deceased persons
Sec. 7. A person who knowingly:
(1) upon the demand of a poll taker, withholds any information
from the poll taker with regard to the qualifications of a voteror person not entitled to vote;
(2) furnishes to a poll taker any false information with regard tothe qualifications of any person for voting; or
(3) returns to the poll taker as voters any false names or thenames of any persons who are dead or are not voters;
commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-8
Return of names of ineligible, fictitious, or deceased persons by polltaker
Sec. 8. A poll taker who knowingly returns:
(1) the name of a person who is not entitled to vote in theprecinct for which the poll is taken at the next election;
(2) a fictitious name; or
(3) the name of a dead person;
commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-9
Unregistered or unauthorized voting
Sec. 9. A person who knowingly votes or offers to vote at anelection when the person is not registered or authorized to votecommits a Class D felony.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-10
Voting by ineligible persons
Sec. 10. A person who recklessly votes at an election, unless theperson is a registered voter under the requirements of IC 3-7 at thetime of the election, commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-11
Voting in other precincts
Sec. 11. Except as provided by IC 3-10-10, IC 3-10-11, orIC 3-10-12, a person who knowingly votes or offers to vote in aprecinct except the one in which the person is registered and residescommits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.466;P.L.10-1988, SEC.208; P.L.17-1993, SEC.17; P.L.12-1995, SEC.88.
IC 3-14-2-12
Voting or applying to vote in false name and own name
Sec. 12. A person who:
(1) knowingly votes or makes application to vote in an electionin a name other than the person's own; or
(2) having voted once at an election, knowingly applies to voteat the same election in the person's own name or any other
name;
commits a Class D felony.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-13
Hiring or soliciting an ineligible person to vote in a precinct
Sec. 13. A person who knowingly hires or solicits another personto go into a precinct for the purpose of voting at an election at theprecinct when the person hired or solicited is not a voter in theprecinct commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.103-2005,SEC.25.
IC 3-14-2-14
Precinct officer or public official allowing ineligible voters orunauthorized procedure
Sec. 14. A precinct election officer or public official upon whoma duty is imposed by this title who knowingly:
(1) allows a person to vote who is not entitled to vote; or
(2) allows a person to vote by use of an unauthorized procedure;
commits a Class D felony.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-15
Unauthorized delivery of ballots
Sec. 15. A member, an employee, or an agent of a county electionboard who knowingly delivers a ballot to a person except in themanner prescribed by this title commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.8-1995, SEC.65;P.L.103-2005, SEC.26.
IC 3-14-2-16
Ballots; fraudulent application, showing, examination, receipt,possession, completion, or delivery
Sec. 16. A person who knowingly does any of the followingcommits a Class D felony:
(1) Applies for or receives a ballot in a precinct other than thatprecinct in which the person is entitled to vote.
(2) Except when receiving assistance under IC 3-11-9, shows aballot after it is marked to another person in such a way as toreveal the contents of it or the name of a candidate for whomthe person has voted.
(3) Except when offering assistance requested by a voter inaccordance with IC 3-11-9, examines a ballot that a voter hasprepared for voting or solicits the voter to show the ballot.
(4) Receives from a voter a ballot prepared by the voter forvoting, except:
(A) the inspector;
(B) a member of the precinct election board temporarilyacting for the inspector; (C) a member or an employee of a county election board(acting under the authority of the board and state law) or anabsentee voter board member acting under IC 3-11-10; or
(D) a member of the voter's household, an individualdesignated as attorney in fact for the voter, or an employeeof:
(i) the United States Postal Service; or
(ii) a bonded courier company;
(acting in the individual's capacity as an employee of theUnited States Postal Service or a bonded courier company)when delivering an envelope containing an absentee ballotunder IC 3-11-10-1.
(5) Receives a ballot from a person other than one of the pollclerks or authorized assistant poll clerks.
(6) Delivers a ballot to a voter to be voted, unless the person is:
(A) a poll clerk or authorized assistant poll clerk; or
(B) a member of a county election board or an absentee voterboard acting under IC 3-11-10.
(7) Delivers a ballot (other than an absentee ballot) to aninspector that is not the ballot the voter receives from the pollclerk or assistant poll clerk.
(8) Delivers an absentee ballot to a team of absentee ballotcounters appointed under IC 3-11.5-4-22, a county electionboard, a circuit court clerk, or an absentee voting board underIC 3-11-10 that is not the ballot cast by the absentee voter.
(9) Delivers an absentee ballot prepared by the voter for votingto a county election board, except for:
(A) the inspector;
(B) a member of the precinct election board temporarilyacting for the inspector;
(C) a member or an employee of a county election board(acting under the authority of the board and in accordancewith state law) or an absentee voter board member actingunder IC 3-11-10; or
(D) a member of the voter's household or an individualdesignated as attorney in fact for the voter, an employee of:
(i) the United States Postal Service; or
(ii) a bonded courier company;
(acting in the individual's capacity as an employee of theUnited States Postal Service or a bonded courier company)when delivering an envelope containing an absentee ballotunder IC 3-11-10-1.
(10) Possesses an unmarked absentee ballot on or before thedate of the election for which the absentee ballot has beenprinted, unless the person is authorized to possess the absenteeballot under this title as any of the following:
(A) A printer, when arranging for the delivery of unmarkedabsentee ballots to a county election board under IC 3-11-2.
(B) A county election board member or employee (actingunder the authority of the board and in accordance with state
law).
(C) An absentee voter board member.
(D) An employee of:
(i) the United States Postal Service; or
(ii) a bonded courier company;
(acting in the individual's capacity as an employee of theUnited States Postal Service or a bonded courier company)when delivering an envelope containing an absentee ballot.
(E) An individual authorized under IC 3-11-10-24 to deliveran absentee ballot.
(F) An absentee ballot counter under IC 3-11.5.
(G) A provisional ballot counter.
(H) A precinct election officer.
(I) The voter who applied for the absentee ballot.
(11) Completes or signs an absentee ballot application for avoter, or assists a voter in completing an absentee ballotapplication in violation of IC 3-11.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.467;P.L.5-1989, SEC.73; P.L.3-1993, SEC.232; P.L.19-1993, SEC.3;P.L.4-1996, SEC.88; P.L.38-1999, SEC.70; P.L.103-2005, SEC.27.
IC 3-14-2-17
Marking ballot to indicate to another person how voter has voted
Sec. 17. A voter at an election who knowingly writes or places ona ballot a name, sign, or device as a distinguishing mark by which toindicate to any other person how the voter has voted commits a ClassD felony.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-18
Disclosure of voter's vote to another
Sec. 18. A voter who knowingly:
(1) does anything to enable any other person to see or know forwhat ticket, candidates, or public questions the voter has voted;or
(2) moves into a position, or does any other thing, to enable thevoter to see or know for what ticket, candidates, or publicquestions any other voter votes;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.10-1988,SEC.209; P.L.103-2005, SEC.28; P.L.221-2005, SEC.134.
IC 3-14-2-19
Forgery of official ballot endorsement; printing or circulatingimitation ballot
Sec. 19. (a) A person who knowingly:
(1) forges or falsely makes the official endorsement of a ballot;or
(2) prints or circulates an imitation ballot;
commits a Class D felony. (b) This section does not prohibit the printing or circulation of asample ballot or a reproduction of an official ballot if the sample orreproduction complies with IC 3-9-3-2.5 and the printing orcirculation does not violate IC 3-14-1-2.
As added by P.L.5-1986, SEC.10. Amended by P.L.66-2003, SEC.51.
IC 3-14-2-20
Deceptive registration of vote
Sec. 20. A person who knowingly:
(1) deceives a voter in registering the voter's vote underIC 3-11-8; or
(2) registers a voter's vote in a way other than as requested bythe voter;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.468.
IC 3-14-2-21
Fraudulent inducement to vote other than as intended
Sec. 21. A person who fraudulently causes a voter at an electionto vote for a person different from the one the voter intended to votefor or on a public question different from the vote the voter intendedto cast commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.469;P.L.10-1988, SEC.210.
IC 3-14-2-22
False representation of ballot to non-English speaking voter
Sec. 22. A person who knowingly furnishes a voter who cannotread the English language with a ballot at an election that the personrepresents to the voter as containing a name different from the oneprinted or written on it commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.470.
IC 3-14-2-23
Opening, destruction, or unauthorized delivery of ballots bycustodian of ballots
Sec. 23. A person entrusted with the custody of ballots whoknowingly:
(1) opens a package in which the ballots are contained;
(2) destroys a ballot; or
(3) delivers such a package or ballot to a person not entitled toreceive it;
commits a Class D felony.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-24
Removal or destruction of ballots; false entries in poll book; falsetallying
Sec. 24. A person who:
(1) takes a ballot legally deposited out of a ballot box or out of
a voting system for the purpose of destroying the ballot orsubstituting another ballot in its place;
(2) destroys or misplaces a ballot with the intent to substituteanother ballot for it or with the intent to prevent it from beingcounted; or
(3) knowingly enters upon the pollbooks the name of a personwho has not legally voted or knowingly tallies a vote for acandidate or on a public question not voted for by the ballot;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.10-1988,SEC.211; P.L.103-2005, SEC.29.
IC 3-14-2-25
Marking or defacing ballots by precinct election board member orauthorized election personnel
Sec. 25. A member of a precinct election board or county electionboard, a person employed at the central counting headquarters, or aperson charged with a duty in connection with an election orentrusted with the custody or control of a ballot either before or aftervoting who marks or defaces a ballot for the purpose of:
(1) identifying the ballot (except by numbering protested ballotsfor future reference as provided by law); or
(2) vitiating the ballot;
commits a Class D felony.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-26
Tampering with ballot container, voting system component, orcontents
Sec. 26. A person who:
(1) during the progress of an election or within the time forpreparation required under this title, knowingly breaks open orviolates the seal or lock of a ballot box, envelope, container,bag, or voting system component in which ballots have beendeposited;
(2) knowingly obtains a ballot box, envelope, container, bag, orvoting system component that contains ballots and cancels,withholds, or destroys a ballot;
(3) knowingly increases or decreases the number of ballotslegally deposited in a ballot box, envelope, container, bag, orvoting system component; or
(4) knowingly makes a fraudulent erasure or alteration on a tallysheet, poll book, list of voters, or election return deposited in aballot box, envelope, bag, or voting system component;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.471;P.L.103-2005, SEC.30.
IC 3-14-2-27
Fraudulent recording of votes; false statement, certificate, or
return of vote
Sec. 27. A precinct election officer at the close of the polls, anabsentee ballot counter acting under IC 3-11.5-5 or IC 3-11.5-6, ora provisional ballot counter acting under IC 3-11.7-5 who knowingly:
(1) causes the vote to be incorrectly taken down for a candidateor public question; or
(2) makes a false statement, certificate, or return of any kind ofthat vote;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.472;P.L.3-1993, SEC.233; P.L.19-1993, SEC.4; P.L.126-2002, SEC.89.
IC 3-14-2-28
Fraudulent alteration of election return; intentional destruction ofpoll book or tally; fraudulent alteration of vote as returned
Sec. 28. A person who:
(1) with intent to defraud, alters an election return;
(2) knowingly destroys, misplaces, or loses a poll book or tallysheet; or
(3) with intent to defraud, alters the vote of a candidate or on apublic question as returned by the county election board or itsemployees;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.10-1988,SEC.212.
IC 3-14-2-29
Inspecting voting system without authorization
Sec. 29. A person who knowingly inspects a voting system underIC 3-12-4-18 without obtaining authorization from the state recountcommission to conduct the inspection commits a Class D felony.
As added by P.L.3-1987, SEC.473. Amended by P.L.103-2005,SEC.31.
IC 3-14-2-30
Violations
Sec. 30. A person who knowingly votes at a town convention inviolation of IC 3-8-5-11(c) commits a Class A misdemeanor.
As added by P.L.167-2001, SEC.9.