CHAPTER 5. ENFORCEMENT PROVISIONS
IC 3-14-5
Chapter 5. Enforcement Provisions
IC 3-14-5-1
Affidavit against illegal voter
Sec. 1. (a) This section applies during an election whenever avoter makes an affidavit before the inspector in a precinct that aperson who has voted is an illegal voter in the precinct. This sectiondoes not apply to an affidavit executed by an individual who:
(1) is subject to the requirements set forth in IC 3-7-33-4.5;
(2) is challenged solely as a result of the individual's inabilityor refusal to comply with IC 3-7-33-4.5; and
(3) subsequently complies with IC 3-7-33-4.5 before the closeof the polls on election day.
(b) Immediately after the close of the polls the inspector shalldeliver the affidavit to the county election board for delivery by theprosecuting attorney for the county to the grand jury under section 2of this chapter. The prosecuting attorney for the county shall:
(1) proceed as if the affidavit had been made before theprosecuting attorney; and
(2) ensure that the grand jury notifies the NVRA official undersection 2 of this chapter if a violation of NVRA appears to haveoccurred.
As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.90;P.L.2-1996, SEC.207; P.L.3-1997, SEC.407; P.L.230-2005, SEC.66.
IC 3-14-5-2
Affidavits; packaging, sealing, endorsing, and delivery to grandjury; inquiry by grand jury
Sec. 2. (a) Each precinct election board shall, at the close of thepolls, place all affidavits prescribed by this title for use on electionday to determine the eligibility of a precinct election officer (or aperson who wishes to cast a ballot) in a strong paper bag or envelopeand securely seal it. Each member shall endorse that member's nameon the back of the bag or envelope.
(b) The inspector and judge of the opposite political party shalldeliver the sealed bag or envelope to the county election board. Thecounty election board shall do the following:
(1) Remove the affidavits from the bag or envelope.
(2) Mail a copy of each affidavit to the secretary of state.
(3) Replace the affidavits within the bag or envelope.
(4) Reseal the bag or envelope with the endorsement of thename of each county election board member on the back of thebag or envelope.
(5) Carefully preserve the resealed bag or envelope and deliverit, with the county election board's seal unbroken, to theforeman of the grand jury when next in session.
(c) The grand jury shall inquire into the truth or falsity of theaffidavits, and the court having jurisdiction over the grand jury shallspecially charge the jury as to its duties under this section. (d) The grand jury shall file a report of the result of its inquirywith:
(1) the court; and
(2) the NVRA official if a violation of NVRA appears to haveoccurred.
As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.91;P.L.2-1996, SEC.208; P.L.3-1997, SEC.408; P.L.230-2005, SEC.67.
IC 3-14-5-3
Duty to report violations to prosecuting attorney and violator;presentation to grand jury
Sec. 3. (a) This section does not apply to a violation of NVRA orIC 3-7.
(b) The commission and each county election board shall reporta violation of this title as a felony or misdemeanor to the appropriateprosecuting attorney and the alleged violator.
(c) The commission and boards may have the report transmittedand presented to the grand jury of the county in which the violationwas committed at its first session after making the report and atsubsequent sessions that may be required. The commission andboards shall furnish the grand jury any evidence at their commandnecessary in the investigation and prosecution of the violation.
As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.92;P.L.2-1996, SEC.209; P.L.81-2005, SEC.31.
IC 3-14-5-4
Prosecution of violators
Sec. 4. In addition to the duties prescribed by IC 33-39, theprosecuting attorney of each circuit shall prosecute each resident ofthe circuit who the prosecutor believes has violated IC 3-14-1-7,IC 3-14-1-10, IC 3-14-1-13, IC 3-14-1-14, or IC 3-14-1-14.5 in anycircuit of the state.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1995, SEC.137;P.L.3-1997, SEC.409; P.L.98-2004, SEC.45.
IC 3-14-5-5
Indictment or information; allegations
Sec. 5. When an election offense is committed, an indictment orinformation for the offense is sufficient if it alleges that the electionwas authorized by law without stating the names of the officersholding the election, the candidates voted for, or the offices filled atthe election.
As added by P.L.5-1986, SEC.10.
IC 3-14-5-6
Criminal prosecutions; self-incrimination defense not available towitness
Sec. 6. In a criminal prosecution for violation of IC 3-14-1-7,IC 3-14-1-10, IC 3-14-1-13, IC 3-14-1-14, or IC 3-14-1-14.5, awitness, except the person who is accused and on trial, may not be
excused from answering a question or producing a book, paper, orother thing on the ground that the witness' answer or the thing to beproduced may tend to incriminate the witness or render the witnessliable to a penalty. However, the witness' answer or the thingproduced by the witness may not be used in a proceeding against thewitness, except in a prosecution for perjury in so testifying.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1995, SEC.138;P.L.3-1997, SEC.410.
IC 3-14-5-7
Informants; immunity
Sec. 7. If a person who has given or received money or otherproperty to or from another person for the purpose of influencing anyvoter's vote at an election informs upon and testifies against theperson receiving or giving the money in a criminal prosecution, theperson informing and testifying may not be prosecuted in connectionwith the transaction.
As added by P.L.5-1986, SEC.10.
IC 3-14-5-8
Person convicted of vote fraud felony or Class A misdemeanor;ineligibility to continue or obtain employment or contract withmunicipality or school corporation; attorney general petition;injunction; civil penalty
Sec. 8. (a) As used in this section, "governmental entity" refers toany of the following:
(1) A city.
(2) A town.
(3) A school corporation.
(4) An agency of a governmental entity referred to in any ofsubdivisions (1) through (3).
(b) As used in this section, "date of conviction" refers to the datewhen:
(1) in a jury trial, a jury publicly announces a verdict against aperson for a felony or Class A misdemeanor;
(2) in a bench trial, the court publicly announces a verdictagainst a person for a felony or Class A misdemeanor; or
(3) in a guilty plea hearing, a person pleads guilty or nolocontendere to a felony or Class A misdemeanor.
(c) A person who is convicted under IC 3-14-2 of a felony orClass A misdemeanor that relates to an election for an office for agovernmental entity shall not:
(1) continue employment with;
(2) obtain future employment with;
(3) contract with; or
(4) be a subcontractor under a contract with;
any governmental entity for at least twenty (20) years after the dateof conviction.
(d) For at least twenty (20) years after the person's date ofconviction, a governmental entity may not: (1) employ;
(2) offer employment to;
(3) contract with; or
(4) maintain a contractual relationship when a subcontractor is;
a person who is convicted under IC 3-14-2 of a felony or Class Amisdemeanor that relates to an election for an office for anygovernmental entity.
(e) If:
(1) a person was employed by a governmental entity;
(2) the person was convicted under IC 3-14-2 of a felony orClass A misdemeanor relating to an election for an office for agovernmental entity;
(3) the person's employment with the governmental entity wasdiscontinued under subsection (c) or (d); and
(4) the person's conviction is reversed, vacated, or set aside;
the governmental entity shall reemploy the person in the sameposition the person held before the person's conviction or in anotherposition equivalent in benefits, pay, and working conditions to theposition the person held before the person's conviction, and theperson is entitled to receive any salary or other remuneration that theperson would have received if the person's employment had not beendiscontinued under subsection (c) or (d).
(f) The attorney general may petition a court with jurisdiction foran injunction against a person who violates subsection (c) or agovernmental entity that violates subsection (d).
(g) The attorney general may petition a court with jurisdiction toimpose a civil penalty of not more than one thousand dollars($1,000) on a person who violates subsection (c).
As added by P.L.164-2006, SEC.134.