CHAPTER 3. INTERFERENCE WITH FREE AND EQUAL ELECTIONS
IC 3-14-3
Chapter 3. Interference With Free and Equal Elections
IC 3-14-3-1
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-14-3-1.1
Procuring or submission of false, fictitious, or fraudulentregistration application; procuring, casting, or tabulating false,fictitious, or fraudulent ballot
Sec. 1.1. A person who knowingly does any of the followingcommits a Class D felony:
(1) Procures or submits voter registration applications known bythe person to be materially false, fictitious, or fraudulent.
(2) Procures, casts, or tabulates ballots known by the person tobe materially false, fictitious, or fraudulent.
As added by P.L.103-2005, SEC.32.
IC 3-14-3-2
Failure to cast or return ballot in authorized manner
Sec. 2. A person who, having procured an official ballot,knowingly fails to cast or return it in the prescribed manner commitsa Class A misdemeanor.
As added by P.L.5-1986, SEC.10.
IC 3-14-3-3
Interference with watcher's duties
Sec. 3. A person who knowingly:
(1) interferes with a watcher;
(2) prevents a watcher from performing the watcher's duties;
(3) otherwise violates:
(A) IC 3-6-8-3;
(B) IC 3-6-8-4;
(C) IC 3-6-8-5;
(D) IC 3-6-8-6;
(E) IC 3-6-9; or
(F) IC 3-6-10; or
(4) violates IC 3-11-13-44(d);
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.5-1989, SEC.74;P.L.2-1998, SEC.9; P.L.221-2005, SEC.135.
IC 3-14-3-4
Obstruction of, interference with, or injury of voter or electionofficer
Sec. 4. (a) A person who:
(1) knowingly obstructs or interferes with an election officer inthe discharge of the officer's duty; or
(2) knowingly obstructs or interferes with a voter within the
chute;
commits a Class D felony.
(b) A person who knowingly injures an election officer or a voter:
(1) in the exercise of the officer's or voter's rights or duties; or
(2) because the officer or voter has exercised the officer's orvoter's rights or duties;
commits a Class D felony.
(c) A person called as a witness to testify against another for aviolation of this section is a competent witness to prove the offenseeven though the person may have been a party to the violation. Theperson shall be compelled to testify as other witnesses. However, theperson's evidence may not be used against the person in aprosecution growing out of matters about which the person testifies,and the person is not liable to indictment or information for theoffense.
As added by P.L.5-1986, SEC.10. Amended by P.L.103-2005,SEC.33.
IC 3-14-3-5
Tampering with voting system
Sec. 5. A precinct election officer who, with the intent to cause orpermit a ballot card voting system or an electronic voting system tofail to correctly register all votes cast, tampers with or disarrangesthe system or any part of it commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.474;P.L.221-2005, SEC.136.
IC 3-14-3-6
Allowing inaccurately adjusted voting system to be used
Sec. 6. A precinct election officer who permits a ballot cardvoting system or an electronic voting system to be used for voting atan election, with knowledge of the fact that the system is not in orderor not perfectly set and adjusted so that it will correctly register allvotes cast, commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.475;P.L.221-2005, SEC.137.
IC 3-14-3-7
Removal, change, or mutilation of voting system ballot label todeceive voter
Sec. 7. An inspector or poll clerk in a precinct who, for thepurpose of:
(1) deceiving a voter;
(2) causing it to be doubtful for what ticket, candidate, or publicquestion a vote is cast; or
(3) causing it to appear that votes cast for one (1) ticket,candidate, or public question were cast for another ticket,candidate, or public question;
removes, changes, or mutilates a voting system or any part of avoting system commits a Class D felony.As added by P.L.5-1986, SEC.10. Amended by P.L.103-2005,SEC.34.
IC 3-14-3-8
Damaging, disarranging, or tampering with voting system
Sec. 8. A person other than a precinct election officer whoknowingly, before or during an election:
(1) damages, disarranges, or tampers with a ballot card systemor an electronic voting system; or
(2) damages a ballot label placed or to be placed on theelectronic voting system, or any other appliance used inconnection with the ballot card voting system or electronicvoting system;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.476;P.L.221-2005, SEC.138.
IC 3-14-3-9
Failure to receive vote of legal voter
Sec. 9. A person who knowingly fails to receive the vote of a legalvoter at an election commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.477.
IC 3-14-3-10
Removal, defacing, or destruction of supplies or instruction cardsfrom voting booth; removal or destruction of voting booth
Sec. 10. A person who during an election recklessly:
(1) removes or destroys any of the supplies or otherconveniences placed in the voting booths or delivered to thevoter for the purpose of enabling a voter to prepare a ballot;
(2) removes or defaces the cards printed for the instruction ofthe voters; or
(3) removes or destroys a voting booth, railing, or otherconvenience provided for the election;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.478.
IC 3-14-3-11
Tampering with marking device, ballot, or record or equipment;interference with operation or secrecy of voting
Sec. 11. A person who recklessly:
(1) tampers with or damages a marking device, ballot, or otherrecord or equipment used in an election;
(2) interferes with the correct operation of such a device orequipment; or
(3) interferes with the secrecy of voting;
commits a Class D felony.
As added by P.L.5-1986, SEC.10.
IC 3-14-3-12
Leaving poll with ballot or ballot marking device
Sec. 12. A voter who recklessly attempts to leave the polls witha ballot, the pencil, or other marking device used in marking ballotsin the voter's possession commits a Class A misdemeanor. A voterwho attempts to leave the polls with a ballot, pencil, or other markingdevice in the voter's possession shall be arrested at once on demandof any member of the precinct election board.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.479.
IC 3-14-3-13
Removal of ballot or marking device from polls; possession outsidepolls
Sec. 13. A person who during an election knowingly:
(1) removes a ballot, pencil, or other marking device from thepolls; or
(2) possesses outside the polls a ballot, pencil, or other markingdevice either genuine or counterfeit;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.480.
IC 3-14-3-14
Printers; unauthorized printing or delivery of ballots
Sec. 14. A printer of the ballots for an election, or personemployed in printing the ballots, who knowingly:
(1) delivers a ballot to a person other than the co-directors orauthorized representative of the election division or a countyelection board for which the ballots are being printed;
(2) prints a ballot in any form other than the one prescribed bylaw; or
(3) prints a ballot containing any names, spellings, orarrangements other than as authorized by the commission or acounty election board;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1997, SEC.403.
IC 3-14-3-15
Unauthorized entries at polls
Sec. 15. A person not authorized by this title who recklessly:
(1) enters the polls;
(2) enters within the railing leading from the challenge windowor door to the entrance of the polls without having been passedby the challengers or having been sworn in; or
(3) remains within the polls or within the chute in violation ofIC 3-11-8-15 or IC 3-11-8-16;
commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1997, SEC.404;P.L.14-2004, SEC.176.
IC 3-14-3-16
Electioneering
Sec. 16. (a) As used in this section, "electioneering" includesexpressing support or opposition to any candidate or political partyor expressing approval or disapproval of any public question in anymanner that could reasonably be expected to convey that support oropposition to another individual. The term does not includeexpressing support or opposition to a candidate or a political party orexpressing approval or disapproval of a public question in:
(1) material mailed to a voter; or
(2) a telephone or an electronic communication with a voter.
(b) A person who knowingly does any electioneering:
(1) on election day within:
(A) the polls; or
(B) the chute;
(2) within an area in the office of the circuit court clerk or asatellite office of the circuit court clerk established underIC 3-11-10-26.3 used by an absentee voter board to permit anindividual to cast an absentee ballot; or
(3) except for a voter who is:
(A) the person's spouse;
(B) an incapacitated person (as defined in IC 29-3-1-7.5) forwhom the person has been appointed the guardian (asdefined in IC 29-3-1-6); or
(C) a member of the person's household;
in the presence of a voter whom the person knows possesses anabsentee ballot provided to the voter in accordance with Indianalaw;
commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1997, SEC.405;P.L.66-2003, SEC.52; P.L.14-2004, SEC.177; P.L.103-2005,SEC.35; P.L.164-2006, SEC.132.
IC 3-14-3-17
Inducement of votes by board member or precinct election officerprohibited
Sec. 17. A member of a precinct election board, a precinctelection officer, or a member of an absentee voter board whoknowingly induces or persuades a voter to vote for a candidate or foror against a public question while acting as a board member orprecinct election officer commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.481;P.L.10-1988, SEC.213; P.L.3-1997, SEC.406.
IC 3-14-3-18
Actions to unlawfully influence voter or candidate
Sec. 18. (a) As used in this section, "candidate" includes anindividual whom the person knows is considering becoming acandidate.
(b) A person who, for the purpose of influencing a voter or
candidate, does any of the following commits a Class D felony:
(1) Seeks to enforce the payment of a debt by force or threat offorce.
(2) Ejects or threatens to eject the voter or candidate from ahouse the voter or candidate occupies.
(3) Begins a criminal prosecution.
(4) Damages the business or trade of the voter or candidate.
(5) Communicates a threat to commit a forcible felony (asdefined in IC 35-41-1-11) against a voter or candidate with theintent that the voter or candidate:
(A) engage in conduct against the voter's or candidate's will;or
(B) be placed in fear of retaliation for a prior lawful act as avoter or candidate.
As added by P.L.5-1986, SEC.10. Amended by P.L.176-1999,SEC.118; P.L.103-2005, SEC.36.
IC 3-14-3-19
Inducing votes by gift or offer to compensate
Sec. 19. A person who, for the purpose of inducing or procuringanother person to:
(1) apply for or cast an absentee ballot; or
(2) vote or refrain from voting for or against a candidate or foror against a public question at an election or politicalconvention;
gives, offers, or promises to any person any money or other propertycommits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.482;P.L.103-2005, SEC.37.
IC 3-14-3-20
Acceptance or solicitation of compensation to induce or procurevotes
Sec. 20. A person who, for the purpose of inducing or procuringa voter to:
(1) apply for or cast an absentee ballot; or
(2) vote or refrain from voting for or against a candidate or foror against a public question at an election or politicalconvention;
receives, accepts, requests, or solicits from any person any money orother property commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.483;P.L.103-2005, SEC.38.
IC 3-14-3-20.5
Conspiracy to secure fraudulent registration or absentee ballotapplication
Sec. 20.5. (a) This section does not apply to activity subject to 18U.S.C. 1341.
(b) An individual who knowingly: (1) conspires to obtain property the individual would be entitledto receive as compensation for serving as an elected official bysecuring false or fraudulent absentee ballot applications or voterregistration applications; and
(2) for the purpose of executing the conspiracy:
(A) causes the applications to be sent or delivered by aprivate or commercial carrier operating entirely withinIndiana; or
(B) takes or receives from the private or commercial carrierthe false or fraudulent applications, or causes theapplications to be delivered by the carrier to another person;
commits a Class D felony.
As added by P.L.103-2005, SEC.39.
IC 3-14-3-21
Influencing political opinions or actions of employees in theworkplace
Sec. 21. A person who:
(1) pays employees the salary or wages due in pay envelopesupon which there is printed or in which there is enclosed apolitical motto, device, or argument containing threats intendedor calculated to influence the political opinions or actions of theemployees; or
(2) exhibits in the workplace of the person's employees ahandbill or placard containing a threat, notice, or informationthat, if a particular ticket, candidate, or public question iselected, approved, or defeated:
(A) work in the person's place or establishment will cease inwhole or in part;
(B) the person's establishment will be closed; or
(C) the wages of the employees will be reduced;
or that is otherwise intended or calculated to influence thepolitical opinions or actions of the employees;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.484;P.L.10-1988, SEC.214.
IC 3-14-3-21.5
Voter intimidation
Sec. 21.5. A person who knowingly or intentionally intimidates,threatens, or coerces an individual for:
(1) voting or attempting to vote;
(2) urging or aiding another individual to vote or attempt tovote; or
(3) exercising any power or duty under this title concerningregistration or voting;
commits voter intimidation, a Class D felony.
As added by P.L.103-2005, SEC.40.
IC 3-14-3-22
Repealed
(Repealed by P.L.11-1992, SEC.5.)
IC 3-14-3-23
Violation of IC 3-6-11-5 or IC 3-6-11-7; classification
Sec. 23. A proprietor, a manager, or an association of co-ownerswho violates IC 3-6-11-5 or IC 3-6-11-7 commits a Class Cinfraction.
As added by P.L.7-1990, SEC.51.
IC 3-14-3-24
Violation of IC 3-6-11-7.5; classification
Sec. 24. An organization that violates IC 3-6-11-7.5 commits aClass C infraction.
As added by P.L.7-1990, SEC.52.