CHAPTER 2. DEFINITIONS
IC 3-5-2
Chapter 2. Definitions
IC 3-5-2-1
Application of definitions
Sec. 1. The definitions in this chapter apply throughout this title.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-1.5
"Absent uniformed services voter"
Sec. 1.5. "Absent uniformed services voter" refers to any of thefollowing:
(1) A member of a uniformed service on active duty who, byreason of active duty, is absent from the place of residencewhere the member is otherwise qualified to vote.
(2) A member of the merchant marine who, by reason of servicein the merchant marine, is absent from the place of residencewhere the member is otherwise qualified to vote.
(3) A member of the Indiana national guard deployed or onassignment outside Indiana.
(4) A spouse or dependent of a member referred to insubdivision (1), (2), or (3) who, by reason of the active duty orservice of the member, is absent from the place of residencewhere the spouse or dependent is otherwise qualified to vote.
As added by P.L.14-1993, SEC.1. Amended by P.L.12-1995, SEC.1;P.L.3-1997, SEC.3; P.L.126-2002, SEC.1.
IC 3-5-2-1.7
"Active voter"
Sec. 1.7. "Active voter" refers to a voter who satisfies either of thefollowing:
(1) The voter has registered or voted in any election during thepreceding four (4) years at the address indicated on the voter'sregistration record.
(2) The voter has not voted in any election during the precedingfour (4) years at the address indicated on the voter's registrationrecord and has responded in writing to an address confirmationnotice sent under IC 3-7 not later than thirty (30) days after thenotice was sent.
As added by P.L.12-1995, SEC.2. Amended by P.L.4-1996, SEC.1;P.L.38-1999, SEC.1.
IC 3-5-2-2
"Automatic tabulating machine"
Sec. 2. "Automatic tabulating machine" means:
(1) apparatus necessary to automatically examine and countvotes as designated on ballots; and
(2) data processing machines that can be used for countingballots and tabulating results.
As added by P.L.5-1986, SEC.1. Amended by P.L.6-1986, SEC.1.
IC 3-5-2-2.5
"Auxiliary party organization"
Sec. 2.5. "Auxiliary party organization" means an organizationlocated within or outside Indiana that:
(1) is affiliated with a political party;
(2) proposes to influence the election of a candidate for state,legislative, local, or school board office, or the outcome of apublic question; and
(3) has not:
(A) had an annual budget of five thousand dollars ($5,000)or more in at least one (1) of the last two (2) years; or
(B) made a contribution of more than one thousand dollars($1,000) to another committee or to a candidate.
As added by P.L.3-1995, SEC.3. Amended by P.L.176-1999, SEC.1.
IC 3-5-2-3
"Ballot"
Sec. 3. "Ballot" means:
(1) the paper ballot prepared, printed, and supplied for use at anelection;
(2) the ballot label prepared, printed, and supplied for use onthe front of an electronic voting system; or
(3) the ballot card prepared, printed, and supplied for use in aballot card voting system.
As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.2;P.L.221-2005, SEC.1.
IC 3-5-2-4
"Ballot card"
Sec. 4. "Ballot card" refers to an optical scan ballot.
As added by P.L.5-1986, SEC.1. Amended by P.L.239-2001, SEC.1;P.L.221-2005, SEC.2.
IC 3-5-2-4.5
"Ballot card voting system"
Sec. 4.5. "Ballot card voting system" refers to an optical scanvoting system.
As added by P.L.239-2001, SEC.2. Amended by P.L.221-2005,SEC.3.
IC 3-5-2-5
"Ballot label"
Sec. 5. "Ballot label" means:
(1) the printed strip or sheet of cardboard or paper, supplied foruse on an electronic voting system, that contains the names ofthe candidates and the public questions on the ballot; or
(2) the material, supplied for use with a ballot card votingsystem, that contains those names and questions.
As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.3;P.L.221-2005, SEC.4.
IC 3-5-2-5.5
"Bona fide political party"
Sec. 5.5. "Bona fide political party" means:
(1) a major political party; or
(2) a political party that has:
(A) nominated at least one (1) candidate for political officeduring the preceding five (5) years;
(B) held a convention; or
(C) raised money and filed the financial reports required bylaw.
As added by P.L.3-1993, SEC.3.
IC 3-5-2-6
"Candidate"
Sec. 6. (a) Except as provided in subsection (b), "candidate"means a person who:
(1) has taken the action necessary to qualify under Indiana lawfor listing on the ballot at an election or to become a write-incandidate;
(2) has publicly announced or declared candidacy for an electedoffice; or
(3) otherwise seeks nomination for or election to an electedoffice, regardless of whether the individual wins election to theoffice.
(b) As used in IC 3-9, an individual becomes a "candidate" whenthe individual, the candidate's committee, or a person acting with theconsent of the individual:
(1) receives more than one hundred dollars ($100) incontributions; or
(2) makes more than one hundred dollars ($100) inexpenditures.
As added by P.L.5-1986, SEC.1. Amended by P.L.4-1991, SEC.1;P.L.3-1997, SEC.4.
IC 3-5-2-7
"Candidate's committee"
Sec. 7. "Candidate's committee" means:
(1) the principal political committee that each candidate isrequired to have under IC 3-9-1; or
(2) an exploratory committee established by a candidate whohas not decided whether to become a candidate for a specificoffice.
As added by P.L.5-1986, SEC.1. Amended by P.L.8-1992, SEC.2;P.L.3-1995, SEC.4.
IC 3-5-2-7.5
"Caucus"
Sec. 7.5. As used in IC 3-9, "caucus" refers to a caucus to fill acandidate vacancy under IC 3-13-1 or IC 3-13-2. The term does notinclude a caucus to fill a vacant office under IC 3-13-5 or IC 3-13-11.As added by P.L.3-1997, SEC.5.
IC 3-5-2-8
"Central committee"
Sec. 8. "Central committee" means a state committee,congressional district committee, county committee, city committee,or town committee of a political party.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-8.7
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-5-2-9
"Chairman"
Sec. 9. "Chairman" refers to the chairman of a central committeeas follows:
(1) State chairman, chairman of a state committee.
(2) District chairman, chairman of a congressional districtcommittee.
(3) County chairman, chairman of a county committee.
(4) City chairman, chairman of a city committee.
(5) Town chairman, chairman of a town committee.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-10
"Chute"
Sec. 10. "Chute" means the area or pathway that extends fifty (50)feet in length, measured from the entrance to the polls. If theproperty line of the polling place is less than fifty (50) feet from thedoor or entrance to the polling place, the chute is measured from theexterior door or entrance to the polling place to one-half (1/2) thedistance to the property line of the polling place nearest to theentrance to the polls. Whenever there are two (2) or more doors orentrances to the polls, the inspector of the precinct shall designateone (1) door or entrance as the door for voters to enter for thepurpose of voting.
As added by P.L.5-1986, SEC.1. Amended by P.L.69-2003, SEC.1;P.L.14-2004, SEC.1.
IC 3-5-2-11
"City"
Sec. 11. "City" means a first class city, second class city, or thirdclass city as classified under IC 36-4-1-1. The term does not includetowns.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-11.5
"Commission"
Sec. 11.5. "Commission" refers to the Indiana election
commission established by IC 3-6-4.1-1.
As added by P.L.8-1995, SEC.3.
IC 3-5-2-12
"Consolidated city"
Sec. 12. "Consolidated city" refers to a first class city that hasbecome a consolidated city under IC 36-3-1.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-13
"Contestee"
Sec. 13. "Contestee" means a candidate whose nomination orelection is being contested by a contestor.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-14
"Contestor"
Sec. 14. "Contestor" means a person who initiates a proceeding tocontest the result of an election.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-15
"Contribution"
Sec. 15. (a) "Contribution" means a donation (whethercharacterized as an advance, a deposit, a gift, a loan, a subscription,or a contract or promise to make a donation) of property (as definedin IC 35-41-1) that satisfies both of the following:
(1) The donation is made for the purpose of influencing any ofthe following:
(A) The nomination or election to office of a candidate.
(B) The election of delegates to a state constitutionalconvention.
(C) The outcome of a public question.
(2) The donation is accepted by any of the following:
(A) A candidate.
(B) A candidate's committee.
(C) A regular party committee.
(D) A political action committee.
(E) A legislative caucus committee.
(b) Whenever funds are transferred from one (1) committee toanother, the accepting committee is considered to be receiving acontribution in the amount of the funds transferred.
(c) Whenever a candidate or a committee accepts the personalservices of a person whose compensation is being paid by a thirdperson, the candidate or committee is considered to be receiving acontribution from the third person in the amount of the compensationpaid.
(d) Notwithstanding subsection (a), whenever a candidate or acommittee accepts the personal services of a volunteer who is notbeing compensated, the candidate or committee is not considered to
be receiving a contribution.
(e) Notwithstanding subsection (a), whenever a political actioncommittee accepts a donation of:
(1) rent;
(2) office expenses;
(3) management fees;
(4) costs of solicitations of contributions; or
(5) other administrative costs;
the committee is not considered to be receiving a contribution.
As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.4;P.L.5-1989, SEC.2; P.L.3-1997, SEC.6.
IC 3-5-2-16
"Convention"
Sec. 16. "Convention" means an organized body of delegatesassembled for the purpose of selecting their political party'snominees for elected offices.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-16.2
"County voter registration office"
Sec. 16.2. "County voter registration office" means the following:
(1) A board of registration established under IC 3-7-12 or by acounty executive acting under IC 3-7-12;
(2) A board of elections and registration established underIC 3-6-5.2 or IC 3-6-5.4.
(3) The office of the circuit court clerk, in a county in which aboard has not been established under subdivision (1) or (2).
As added by P.L.3-1997, SEC.7. Amended by P.L.144-2001, SEC.1.
IC 3-5-2-16.5
"Elderly"
Sec. 16.5. "Elderly" means a voter who is at least sixty-five (65)years of age.
As added by P.L.4-1991, SEC.2.
IC 3-5-2-17
"Elected office"
Sec. 17. "Elected office" means a federal office, state office,legislative office, school board office, or local office. Political partyoffices (such as precinct committeeman and state conventiondelegate) are not considered to be elected offices.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-18
"Election day"
Sec. 18. "Election day" refers to the calendar day on which anelection is held.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-19
"Election district"
Sec. 19. "Election district" means the area comprised by precinctswhere voters reside whose votes a candidate or committee proposesto influence.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-19.5
"Election division"
Sec. 19.5. "Election division" refers to the election division of thesecretary of state's office established by IC 3-6-4.2-1.
As added by P.L.8-1995, SEC.4.
IC 3-5-2-20
"Electorate"
Sec. 20. "Electorate" means all the voters eligible to vote in anelection in the state or a political subdivision.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-21
"Electronic voting system"
Sec. 21. "Electronic voting system" means a system in which:
(1) voters record their votes by activating touch-sensitivemarking devices; and
(2) votes are counted by automatic tabulating machines.
As added by P.L.5-1986, SEC.1. Amended by P.L.6-1986, SEC.2;P.L.3-1987, SEC.5.
IC 3-5-2-21.5
Repealed
(Repealed by P.L.221-2005, SEC.144.)
IC 3-5-2-22
"Executive"
Sec. 22. "Executive" means:
(1) board of county commissioners, for a county not having aconsolidated city;
(2) mayor of the consolidated city, for a county having aconsolidated city;
(3) mayor, for a city;
(4) president of the town council, for a town; or
(5) trustee, for a township.
As added by P.L.5-1986, SEC.1. Amended by P.L.8-1989, SEC.1.
IC 3-5-2-23
"Expenditure"
Sec. 23. (a) "Expenditure" means a disbursement (whethercharacterized as an advance, a deposit, a distribution, a gift, a loan,a payment, a purchase, or a contract or promise to make adisbursement) of property (as defined in IC 35-41-1) that: (1) is made for the purpose of influencing:
(A) the nomination or election to office of a candidate;
(B) the election of delegates to a state constitutionalconvention; or
(C) the outcome of a public question; and
(2) is made by:
(A) an individual, except that a contribution made by anindividual is not considered to be an expenditure;
(B) a candidate's committee;
(C) a regular party committee; or
(D) a political action committee.
(b) Whenever funds are transferred from one committee toanother, the disbursing committee is considered to be making anexpenditure in the amount of the funds transferred.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-23.2
"Expedited basis"
Sec. 23.2. (a) Except as provided in subsection (b), "expeditedbasis" refers to the processing of:
(1) a voter registration application;
(2) a cancellation of a voter registration application;
(3) a transfer of a voter registration application; or
(4) another document that creates or amends the voterregistration record of an individual;
not later than forty-eight (48) hours after the document is received bya county voter registration office or an agency required under IC 3-7to transmit voter registration documents to a county voter registrationoffice.
(b) If a voter registration application or other document listed insubsection (a) includes a partial Social Security number that must besubmitted to the Commissioner of Social Security for verificationunder 42 U.S.C. 405(r), "expedited basis" refers to the processing ofthe application or document not later than forty-eight (48) hours afterthe bureau of motor vehicles commission receives verification fromthe Commissioner regarding the partial Social Security number.
As added by P.L.14-2004, SEC.2.
IC 3-5-2-23.7
"Fax"
Sec. 23.7. "Fax" refers to transmission of information by afacsimile (fax) machine.
As added by P.L.126-2002, SEC.2.
IC 3-5-2-24
"Federal office"
Sec. 24. "Federal office" refers to President of the United States,Vice President of the United States, and Senator and Representativein the Congress of the United States.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-24.5
"Filing"
Sec. 24.5. "Filing" means the following:
(1) For purposes of filing an electronic report under IC 3-9-4-4or IC 3-9-5-7, when the requirements of IC 3-9-4-4 orIC 3-9-5-7 have been met.
(2) For all other purposes, when all of the following haveoccurred:
(A) The presentation of a document to an individual requiredto receive the document under this title.
(B) The receipt of the document by the individual.
(C) The recording of the date and time the document wasreceived by the individual.
As added by P.L.10-1988, SEC.1. Amended by P.L.126-2002, SEC.3.
IC 3-5-2-25
"Fiscal body"
Sec. 25. "Fiscal body" means:
(1) county council, for a county not having a consolidated city;
(2) city-county council, for a consolidated city or county havinga consolidated city;
(3) common council, for a second or third class city;
(4) town council, for a town;
(5) township board, for a township; or
(6) governing body or budget approval body, for any otherpolitical subdivision.
As added by P.L.5-1986, SEC.1. Amended by P.L.8-1987, SEC.1;P.L.8-1989, SEC.2.
IC 3-5-2-26
"Fiscal officer"
Sec. 26. "Fiscal officer" means the city controller of a secondclass city or the clerk-treasurer of a town or third class city.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-26.2
"HAVA"
Sec. 26.2. "HAVA" refers to the Help America Vote Act of 2002(42 U.S.C. 15301 through 15545).
As added by P.L.209-2003, SEC.2.
IC 3-5-2-26.5
Repealed
(Repealed by P.L.4-1991, SEC.147.)
IC 3-5-2-26.6
"Independent"
Sec. 26.6. "Independent" means a candidate, or a ticket ofcandidates for President and Vice President of the United States orfor governor and lieutenant governor, who states that the candidate
or ticket is not affiliated with any political party.
As added by P.L.3-1993, SEC.4.
IC 3-5-2-26.7
"Individual with a nontraditional residence"
Sec. 26.7. "Individual with a nontraditional residence" means aperson who:
(1) does not reside in a private residential dwelling or aninstitutional structure; and
(2) maintains a mobile residence or usually sleeps in a shelter,public area, or public right-of-way.
As added by P.L.12-1995, SEC.3.
IC 3-5-2-26.8
"Lawful detention"
Sec. 26.8. "Lawful detention" has the meaning set forth inIC 35-41-1-18.
As added by P.L.12-1995, SEC.4.
IC 3-5-2-27
"Legislative body"
Sec. 27. "Legislative body" means the body having the power toadopt county, city, or town ordinances under IC 36-1-3-6.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-27.3
"Legislative caucus committee"
Sec. 27.3. "Legislative caucus committee" means an organizationthat satisfies all of the following:
(1) The organization is organized by members of the generalassembly who belong to the same state political party.
(2) The organization proposes to influence only the election ofcandidates for legislative office.
(3) The organization accepts contributions or makesexpenditures that in the aggregate exceed one hundred dollars($100) during a calendar year to influence only the election ofcandidates for legislative office.
As added by P.L.3-1997, SEC.9.
IC 3-5-2-28
"Legislative office"
Sec. 28. "Legislative office" refers to senator and representativein the general assembly.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-29
"Local office"
Sec. 29. "Local office" means a circuit office, county office, cityoffice, town office, township office, or other civil office for whichthe electorate of a political subdivision votes. The term includes all
elected offices other than federal, state, legislative, and school boardoffices.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-30
"Major political party"
Sec. 30. "Major political party" refers to:
(1) with respect to the state, either of the two (2) parties whosenominees received the highest and second highest numbers ofvotes statewide for secretary of state in the last election; or
(2) with respect to a political subdivision, either of the two (2)parties whose nominees received the highest and second highestnumbers of votes in that political subdivision for secretary ofstate in the last election.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-31
"Marking device"
Sec. 31. "Marking device" means:
(1) a pencil for marking a paper ballot or ballot card; or
(2) an approved touch-sensitive device that automaticallyregisters a vote on an electronic voting system.
As added by P.L.5-1986, SEC.1. Amended by P.L.6-1986, SEC.3;P.L.3-1987, SEC.6; P.L.221-2005, SEC.5.
IC 3-5-2-31.5
"Member of the military or public safety officer"
Sec. 31.5. "Member of the military or public safety officer" hasthe meaning set forth in IC 10-14-2-5.
As added by P.L.120-2009, SEC.1.
IC 3-5-2-32
"Municipality"
Sec. 32. "Municipality" means a city or town.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-32.5
Repealed
(Repealed by P.L.176-1999, SEC.132.)
IC 3-5-2-32.7
"Nomination date"
Sec. 32.7. "Nomination date" refers to the following:
(1) For candidates nominated in a primary election, the date ofthe primary election.
(2) For candidates nominated in a convention, the date theconvention is scheduled to be called to order, according to thecall of the convention issued by the political party.
(3) For candidates selected to fill a ballot vacancy, the date thecertificate of selection of the candidate is filed under
IC 3-13-1-15 or IC 3-13-2-8.
(4) For candidates nominated by petition, the final date thepetition of nomination is permitted to be filed underIC 3-8-6-10(c).
(5) For write-in candidates, the final date the candidate'sdeclaration of intent to be a write-in candidate is permitted to befiled under IC 3-8-2-4.
As added by P.L.3-1997, SEC.11. Amended by P.L.176-1999, SEC.2.
IC 3-5-2-33
"Nominee"
Sec. 33. "Nominee" means a candidate:
(1) nominated by a political party at a primary election orconvention under this title as the party's candidate for an electedoffice in a general, municipal, or special election; or
(2) nominated by petition for an elected office.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-33.5
"NVRA"
Sec. 33.5. "NVRA" refers to the National Voter Registration Actof 1993 (42 U.S.C. 1973gg).
As added by P.L.12-1995, SEC.5.
IC 3-5-2-33.7
"NVRA official"
Sec. 33.7. "NVRA official" refers to the designee underIC 3-7-11-1.
As added by P.L.8-1995, SEC.5.
IC 3-5-2-33.8
"Office"
Sec. 33.8. "Office" refers to the office of census data establishedby IC 2-5-1.1-12.2.
As added by P.L.212-2001, SEC.8. Amended by P.L.1-2002, SEC.7.
IC 3-5-2-33.9
"Optical scan ballot"
Sec. 33.9. (a) "Optical scan ballot" means a card or another paperon which votes are:
(1) recorded by marking the card or paper in ink or pencil; and
(2) tabulated by an optical system that reads the marks on thecard or paper.
(b) "Optical scan voting system" means a voting system usingoptical scan ballots.
As added by P.L.239-2001, SEC.3.
IC 3-5-2-34
"Organization"
Sec. 34. "Organization" means a person that is not an individual.
The term includes a business firm or corporation, a limited liabilitycompany, a labor organization, a religious organization, a politicalclub, a trustee, a receiver, or any other type of association or groupof individuals.
As added by P.L.5-1986, SEC.1. Amended by P.L.8-1993, SEC.4.
IC 3-5-2-34.5
"Overseas voter"
Sec. 34.5. "Overseas voter" refers to any of the following:
(1) An absent uniformed services voter who, by reason of activeduty or service, is absent from the United States on the date ofthe election involved.
(2) A person who resides outside the United States and isqualified to vote in the last place in which the person wasdomiciled before leaving the United States.
(3) A person who resides outside the United States and, but forsuch residence, would be qualified to vote in the last place inwhich the person was domiciled before leaving the UnitedStates.
As added by P.L.14-1993, SEC.2. Amended by P.L.12-1995, SEC.6;P.L.3-1997, SEC.12; P.L.126-2002, SEC.4.
IC 3-5-2-34.7
"Paper ballot"
Sec. 34.7. (a) "Paper ballot" refers to a ballot that is:
(1) marked by a voter using a pen or pencil; and
(2) designed to be counted by hand and not counted on anautomatic tabulating machine.
(b) "Paper ballot" does not include a ballot card.
As added by P.L.58-2005, SEC.2.
IC 3-5-2-35
"Paster"
Sec. 35. "Paster" means a sticker that is used to correct the nameof a candidate on ballots whenever:
(1) a new candidate is appointed or selected under IC 3-13-1 orIC 3-13-2; or
(2) a change must be made to correct any error;
after the ballots are printed and before the election.
As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.7.
IC 3-5-2-36
"Person"
Sec. 36. "Person" means an individual or an organization.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-37
"Political action committee"
Sec. 37. (a) Except as provided in subsection (b), "political actioncommittee" means an organization located within or outside Indiana
that satisfies all of the following:
(1) The organization proposes to influence:
(A) the election of a candidate for state, legislative, local, orschool board office; or
(B) the outcome of a public question.
(2) The organization accepts contributions or makesexpenditures during a calendar year:
(A) to influence the election of a candidate for state,legislative, local, or school board office or the outcome of apublic question that will appear on the ballot in Indiana; and
(B) that in the aggregate exceed one hundred dollars ($100).
(3) The organization is not any of the following:
(A) An auxiliary party organization.
(B) A legislative caucus committee.
(C) A regular party committee.
(D) A candidate's committee.
(b) A corporation or labor organization that makes a contributionin accordance with IC 3-9-2 or makes an expenditure is notconsidered a political action committee.
As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.8;P.L.7-1990, SEC.1; P.L.3-1995, SEC.5; P.L.3-1997, SEC.13;P.L.2-1998, SEC.2; P.L.176-1999, SEC.3.
IC 3-5-2-38
"Political subdivision"
Sec. 38. "Political subdivision" means a county, city, town,township, school corporation, public library, local housing authority,fire protection district, public transportation corporation, localbuilding authority, local hospital authority or corporation, localairport authority, special service district, special taxing district, orother type of local governmental corporate entity.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-39
"Polls"
Sec. 39. "Polls" means the room in a structure where the voters ofa precinct vote by casting ballots.
As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.9.
IC 3-5-2-40
"Precinct"
Sec. 40. "Precinct" means a subdivision of a county or townshipestablished for election purposes.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-40.1
"Precinct election officer"
Sec. 40.1. "Precinct election officer" means a person appointed toserve in a precinct as one (1) of the following:
(1) Inspector. (2) Judge.
(3) Poll clerk.
(4) Assistant poll clerk.
(5) Election sheriff.
As added by P.L.3-1987, SEC.10.
IC 3-5-2-40.5
"Proof of identification"
Sec. 40.5. "Proof of identification" refers to a document thatsatisfies all the following:
(1) The document shows the name of the individual to whomthe document was issued, and the name conforms to the namein the individual's voter registration record.
(2) The document shows a photograph of the individual towhom the document was issued.
(3) The document includes an expiration date, and thedocument:
(A) is not expired; or
(B) expired after the date of the most recent general election.
(4) The document was issued by the United States or the stateof Indiana.
As added by P.L.109-2005, SEC.1.
IC 3-5-2-40.6
"Provisional ballot"
Sec. 40.6. "Provisional ballot" refers to a ballot cast in accordancewith the provisions of IC 3-11.7.
As added by P.L.126-2002, SEC.5.
IC 3-5-2-40.7
"Provisional voter"
Sec. 40.7. "Provisional voter" refers to an individual who isentitled to cast a provisional ballot under IC 3-11.7.
As added by P.L.126-2002, SEC.6.
IC 3-5-2-41
"Public question"
Sec. 41. "Public question" means a constitutional amendment,proposition, or other issue submitted to the electorate at an election.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-41.5
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-5-2-41.6
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-5-2-41.7 "Registration agency"
Sec. 41.7. "Registration agency" refers to any of the following:
(1) The bureau of motor vehicles.
(2) Any other agency at which individuals may register to voteunder IC 3-7.
As added by P.L.126-2002, SEC.7.
IC 3-5-2-42
"Regular party committee"
Sec. 42. "Regular party committee" means:
(1) a central committee; or
(2) a national committee of a political party.
As added by P.L.5-1986, SEC.1. Amended by P.L.3-1995, SEC.6.
IC 3-5-2-42.5
"Residence"
Sec. 42.5. "Residence" means the place:
(1) where a person has the person's true, fixed, and permanenthome and principal establishment; and
(2) to which the person has, whenever absent, the intention ofreturning.
As added by P.L.12-1995, SEC.7.
IC 3-5-2-43
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-5-2-44
"School board"
Sec. 44. "School board" means the fiscal body of a schoolcorporation.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-45
"School board office"
Sec. 45. "School board office" refers to an elected position on theschool board of a school corporation.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-46
"School corporation"
Sec. 46. "School corporation" refers to a public schoolcorporation established under IC 20.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-47
"School district"
Sec. 47. "School district" means the taxing district of a schoolcorporation.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-48
"State office"
Sec. 48. "State office" refers to governor, lieutenant governor,secretary of state, auditor of state, treasurer of state, superintendentof public instruction, attorney general, justice of the supreme court,judge of the court of appeals, and judge of the tax court.
As added by P.L.5-1986, SEC.1. Amended by P.L.14-2004, SEC.3.
IC 3-5-2-48.5
"Testing authority"
Sec. 48.5. "Testing authority" means an independent test authorityor independent laboratory:
(1) as described in the Voting System Standards issued by theFederal Election Commission on April 30, 2002; or
(2) accredited under Section 231 of HAVA (42 U.S.C. 15371).
As added by P.L.3-1997, SEC.14. Amended by P.L.126-2002, SEC.8;P.L.66-2003, SEC.2; P.L.221-2005, SEC.6.
IC 3-5-2-49
"Town"
Sec. 49. "Town" refers to an incorporated town of any population.The term does not include cities.
As added by P.L.5-1986, SEC.1. Amended by P.L.3-1995, SEC.7.
IC 3-5-2-49.3
"Uniformed services"
Sec. 49.3. "Uniformed services" means the Army, Navy, AirForce, Marine Corps, and Coast Guard, the commissioned corps ofthe Public Health Service, and the commissioned corps of theNational Oceanic and Atmospheric Administration.
As added by P.L.3-1997, SEC.15.
IC 3-5-2-49.6
"United States"
Sec. 49.6. "United States", as used in section 34.5 of this chapter,means any of the states of the United States, the District ofColumbia, the Commonwealth of Puerto Rico, Guam, the VirginIslands, and American Samoa.
As added by P.L.3-1997, SEC.16.
IC 3-5-2-49.9
"Vote center"
Sec. 49.9. (a) "Vote center" means a polling place where a voterwho resides in the county in which the vote center is located mayvote without regard to the precinct in which the voter resides.
(b) This section expires December 31, 2010.
As added by P.L.164-2006, SEC.1. Amended by P.L.108-2008,SEC.1.
IC 3-5-2-50 "Voter"
Sec. 50. "Voter" means a person who is qualified and registeredto vote in an election.
As added by P.L.5-1986, SEC.1.
IC 3-5-2-50.1
"Voter identification number"
Sec. 50.1. "Voter identification number" refers to the numberdetermined for a voter under IC 3-7-13-13.
As added by P.L.199-2001, SEC.1.
IC 3-5-2-50.2
"Voter with disabilities"
Sec. 50.2. "Voter with disabilities" means a voter who has apermanent or temporary physical disability, as set forth in 42 U.S.C.1973ee-6(4).
As added by P.L.4-1991, SEC.3.
IC 3-5-2-50.4
"Voter's bill of rights"
Sec. 50.4. "Voter's bill of rights" refers to the statement prescribedby the commission under IC 3-5-8.
As added by P.L.126-2002, SEC.9.
IC 3-5-2-50.6
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-5-2-51
"Voting mark"
Sec. 51. "Voting mark" means a cross mark or check mark (X or.).
As added by P.L.6-1986, SEC.4.
IC 3-5-2-52
"Voting method"
Sec. 52. "Voting method" means the use of:
(1) paper ballots;
(2) ballot card voting systems;
(3) electronic voting systems; or
(4) any combination of these;
to register votes in a precinct.
As added by P.L.3-1987, SEC.11. Amended by P.L.221-2005, SEC.7.
IC 3-5-2-53
"Voting system"
Sec. 53. "Voting system" means, as provided in 42 U.S.C. 15481:
(1) the total combination of mechanical, electromechanical, orelectronic equipment (including the software, firmware, anddocumentation required to program, control, and support that
equipment) that is used:
(A) to define ballots;
(B) to cast and count votes;
(C) to report or display election results; and
(D) to maintain and produce any audit trail information; and
(2) the practices and associated documentation used:
(A) to identify system components and versions of thosecomponents;
(B) to test the system during its development andmaintenance;
(C) to maintain records of system errors and defects;
(D) to determine specific system changes to be made to asystem after the initial qualification of the system; and
(E) to make available any materials to the voter (such asnotices, instructions, forms, or paper ballots).
As added by P.L.4-1991, SEC.5. Amended by P.L.209-2003, SEC.3;P.L.164-2006, SEC.2.
IC 3-5-2-54
"Write-in candidate"
Sec. 54. "Write-in candidate" means a candidate:
(1) who has filed a declaration of intent to be a write-incandidate; and
(2) whose declaration of intent to be a write-in candidate hasbeen accepted by the appropriate authority under IC 3-8-2-5 andIC 3-8-2-6.
As added by P.L.4-1991, SEC.6.