CHAPTER 4. MISCELLANEOUS PROVISIONS
IC 3-5-4
Chapter 4. Miscellaneous Provisions
IC 3-5-4-1
Time for filing
Sec. 1. Whenever this title specifies a final day for a particularfiling but no final hour of that day, the final hour for the receipt ofthe particular filing is noon, prevailing time, of that final day.
As added by P.L.5-1986, SEC.1.
IC 3-5-4-1.5
Time for commencement of legal actions
Sec. 1.5. (a) This section applies if this title requires that a legalaction be taken at the office of a circuit court clerk or a politicalsubdivision.
(b) If the final day for performing the action falls on a day whenthe office is not open to conduct public business or on a dayobserved as a holiday under IC 1-1-9, the legal action may beperformed:
(1) on the next day that the office is open for public business;or
(2) through noon of the next day that the office is open forpublic business if the action to be performed is the receipt of afiling.
As added by P.L.3-1993, SEC.5. Amended by P.L.3-1995, SEC.8.
IC 3-5-4-1.7
Filings by fax or electronic mail
Sec. 1.7. Except as otherwise expressly authorized or requiredunder this title, a filing by a person with a commission, the electiondivision, or an election board may not be made by fax or electronicmail.
As added by P.L.230-2005, SEC.1.
IC 3-5-4-1.9
Receiving filing after deadline
Sec. 1.9. Except as otherwise provided in this title, the electiondivision, an election board, a circuit court clerk, a county voterregistration office, or any other official responsible for receiving afiling under this title may not receive a filing that is offered to befiled after a deadline for the filing provided by this title.
As added by P.L.164-2006, SEC.3.
IC 3-5-4-2
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-5-4-3
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-5-4-4
Immunity from arrest while at or going to and from polls
Sec. 4. A voter is not subject to arrest while going to the polls,while in attendance there, and while returning from the polls.However, this section does not apply in a case of:
(1) treason;
(2) felony; or
(3) breach of the peace.
As added by P.L.5-1986, SEC.1.
IC 3-5-4-5
Repealed
(Repealed by P.L.3-1993, SEC.282.)
IC 3-5-4-6
Prescribed ballot form; approved marking device instructions
Sec. 6. Whenever a ballot card or an electronic voting system isused in a precinct and a ballot form prescribed by this title refers toa voting mark, the county election board shall approve votinginstructions indicating that a specific type of marking device isemployed on the system to indicate a vote.
As added by P.L.3-1987, SEC.12.
IC 3-5-4-7
References to federal statutes or regulations
Sec. 7. Except as otherwise provided in this title, a reference to afederal statute or regulation in this title is a reference to the statuteor regulation as in effect January 1, 2005.
As added by P.L.12-1995, SEC.9. Amended by P.L.3-1995, SEC.9;P.L.4-1996, SEC.3; P.L.122-2000, SEC.1; P.L.209-2003, SEC.4;P.L.230-2005, SEC.2.
IC 3-5-4-8
Approval of forms
Sec. 8. (a) Except as provided in subsection (e), butnotwithstanding any other statute, whenever the commission actsunder IC 3-6-4.1-14 to approve a uniform election or registrationform for use throughout Indiana or to approve a revision to anexisting form, a person must use the most recent version of the formapproved by the commission to comply with this title after theeffective date of the commission's order approving the form.
(b) Except as provided in subsection (d) or (f), before an orderapproving a form takes effect under this section, the election divisionshall transmit a copy of each form or revised form approved by theorder to the following:
(1) Each circuit court clerk, if the commission determines thatthe form is primarily used by a candidate, a county electionboard member, a county or town political party, or for absenteeor provisional ballot purposes.
(2) Each county voter registration office, if the commission
determines that the form is primarily used in voter registration.
(3) The state chairman of each major political party.
(4) The state chairman of any other political party who has fileda written request with the election division during the precedingtwelve (12) months to be furnished with copies of forms.
(c) The election division, an election board, a circuit court clerk,a county voter registration office, or any other official responsible forreceiving a filing under this title shall reject a filing that does notcomply with this section.
(d) The commission shall specify the effective date of the form orrevised form and may:
(1) delay the effective date of the approval of a form or revisedform; and
(2) permit an earlier approved version of the form or analternative form to be used before the effective date of the form;
if the commission determines that an emergency requires the use ofthe form before copies can be transmitted to all persons entitled toreceive copies of the form under subsection (b).
(e) This subsection applies to a form permitting an individual toapply for voter registration or to amend the individual's existing voterregistration record. The commission may allow an earlier approvedversion of the form to be used if the:
(1) earlier version of the form complies with all otherrequirements imposed under NVRA or this title; and
(2) commission determines that the existing stock of the formshould be exhausted to prevent waste and unnecessary expense.
(f) This subsection applies to a form that the commissiondetermines is used primarily by the election division. Thecommission may provide that an order concerning a form describedby this subsection is effective immediately upon adoption, withoutany requirement to distribute the form to other persons.
As added by P.L.3-1997, SEC.17. Amended by P.L.38-1999, SEC.2;P.L.126-2002, SEC.10.
IC 3-5-4-9
Authentication of ballots by circuit court clerk
Sec. 9. (a) This section applies whenever the individual who holdsthe office of circuit court clerk is a candidate on the ballot for anyoffice.
(b) As used in this section, "ballot" refers to an absentee ballot, aballot card, or any other form of ballot.
(c) Notwithstanding any law requiring the name or signature ofthe circuit court clerk to appear on a ballot for authentication or anyother purpose, the name or signature of the individual who is circuitcourt clerk may not appear on the ballot except to indicate that theindividual is a candidate for an office.
(d) The circuit court clerk shall substitute a uniform device orsymbol prescribed by the commission for the circuit court clerk'sprinted name or signature to authenticate a ballot.
As added by P.L.263-2003, SEC.1. Amended by P.L.230-2005,
SEC.3.
IC 3-5-4-10
Ownership of ballots, poll lists, and other documents or materialsgenerated or used by a convention or caucus
Sec. 10. (a) This section applies to:
(1) a convention required or permitted under this title that isconducted by a political party to nominate candidates; or
(2) a caucus conducted by a political party under IC 3-13 tonominate candidates.
(b) The ballots, poll lists, and other documents or materialgenerated for or used by the convention or caucus are the property ofthe political party. This property shall be retained and preserved inthe manner specified by the rules of the political party.
As added by P.L.9-2004, SEC.1.