CHAPTER 5. COUNTY ELECTION BOARDS
IC 3-6-5
Chapter 5. County Election Boards
IC 3-6-5-1
Establishment
Sec. 1. (a) Except as provided in subsection (b), a board isestablished in each county of the state known as the (name of county)county election board.
(b) A county election board is not established in the followingcounties:
(1) A county having a population of more than four hundredthousand (400,000) but less than seven hundred thousand(700,000).
(2) A county having a population of more than one hundredforty-eight thousand (148,000) but less than one hundredseventy thousand (170,000).
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.11;P.L.144-2001, SEC.2; P.L.170-2002, SEC.4.
IC 3-6-5-2
Membership
Sec. 2. The following three (3) members comprise each countyelection board:
(1) The circuit court clerk, who is ex officio a member of theboard.
(2) Two (2) persons appointed by the circuit court clerk, one (1)from each of the major political parties of the county.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-3
Candidates for office as members of board or proxies of record;circuit court clerk as member of candidate's committee
Sec. 3. (a) A person who is a candidate for elected office or amember of a candidate's committee may not be appointed as:
(1) a member of a county election board;
(2) a proxy of record for a member under section 4.5 of thischapter; or
(3) an alternate proxy of record for a member under section 4.5of this chapter.
(b) If an appointed member, a proxy, or an alternate proxybecomes:
(1) a candidate for elected office; or
(2) a member of a candidate's committee;
the member, proxy, or alternate proxy may not continue to serve onthe county election board.
(c) An appointed member, a proxy, or an alternate proxy may nothold elected office while serving on the county election board.
(d) The circuit court clerk may not be a member of a candidate'scommittee other than the clerk's own candidate's committee.
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.24;
P.L.3-1997, SEC.34; P.L.9-2004, SEC.2; P.L.230-2005, SEC.6.
IC 3-6-5-4
Appointment of members; term of office
Sec. 4. The board members appointed by the circuit court clerkserve until their successors are appointed and qualified.
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.35.
IC 3-6-5-4.5
Proxy of record; alternate proxy
Sec. 4.5. (a) A member may appoint an individual to serve as aproxy of record in the member's place as a member of the countyelection board by filing a written instrument appointing the proxy ofrecord with the circuit court clerk. The proxy of record has the sameauthority to act and vote on all matters as does the member. Themember may revoke the authority of the proxy of record at any time.The authority of the proxy of record may be either limited or generalwith regard to duration or subject matter as set forth by the memberin the written instrument appointing the proxy.
(b) If both the member and the member's proxy of record areunavailable, the member may appoint another individual in writingto serve as an alternate proxy in the member's place as a member ofthe county election board. The alternate proxy has the same authorityto act and vote on all matters as does the member. The member mayrevoke the authority of the alternate proxy at any time. The authorityof the alternate proxy may be either limited or general with regard toduration or subject matter as set forth by the member in the writteninstrument appointing the proxy.
As added by P.L.4-1991, SEC.14.
IC 3-6-5-5
Nominations by county chairmen
Sec. 5. The county chairman of each of the major political partiesof a county may nominate, in writing, a member of the chairman'sparty for appointment to the county election board. The circuit courtclerk shall appoint the nominee to the board.
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.36.
IC 3-6-5-6
Removal of member upon request of county chairman
Sec. 6. A circuit court clerk shall remove any member of thecounty election board upon the request of the county chairman of thepolitical party that nominated that member. The clerk then shallappoint a new member nominated by the county chairman.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-7
Vacancies
Sec. 7. In case of a vacancy in the office of either appointee to acounty election board, the circuit court clerk shall, within five (5)
days, send written notice of the vacancy to the county chairman ofthe appointee's political party. The chairman may, within five (5)days after receiving notice of the vacancy, nominate in writing asuccessor who shall be appointed. If the chairman fails to make anomination within the five (5) day period, the clerk shall, withinanother five (5) days, appoint a member of the political party entitledto the appointment.
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.25;P.L.7-1990, SEC.2.
IC 3-6-5-8
Chairman of county election board; secretary
Sec. 8. The members of a county election board shall select one(1) of the appointed members to serve as chairman. The circuit courtclerk shall serve as secretary of the board.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-9
Compensation of members and secretary
Sec. 9. Each county fiscal body shall determine, in the mannerprovided by law, the compensation of:
(1) the appointed members of the county election board; and
(2) the circuit court clerk for the clerk's services as secretary ofthe county election board.
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.12.
IC 3-6-5-10
Office space
Sec. 10. Each county executive shall furnish to the county electionboard necessary office space either in the county courthouse or insome other conveniently located building.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-11
Chairman to call meetings
Sec. 11. The chairman of a county election board shall call ameeting of the board whenever the chairman considers it necessaryfor the performance of the board's duties.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-12
Failure of chairman to call meeting
Sec. 12. If the chairman of a county election board for any reasonfails to call a meeting of the board, then the two (2) other membersmay meet to execute the powers and perform the duties of the board.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-13
Minutes of meetings
Sec. 13. Each county election board shall keep minutes of all
meetings of the board, including a written record of the aye and nayvote of each member on all questions coming before the board.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-14
Powers and duties
Sec. 14. (a) Each county election board, in addition to dutiesotherwise prescribed by law, shall do the following:
(1) Adopt and amend a written plan to implement NVRA withinthe county.
(2) Conduct all elections and administer the election lawswithin the county, except as provided in IC 3-8-5 and IC 3-10-7for town conventions and municipal elections in certain smalltowns.
(3) Prepare all ballots.
(4) Distribute all ballots and pasters to all of the precincts in thecounty.
(b) This subsection does not apply to pasters to be attached toballots during the final three (3) days before an election. Not laterthan the Monday before distributing ballots, pasters, and votingsystems to the precincts in the county, the county election board shallnotify the county chairman of each major political party and, uponrequest, the chairman of any other bona fide political party in thecounty, that sample ballots and pasters are available for inspection.
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.26;P.L.11-1988, SEC.1; P.L.3-1993, SEC.13; P.L.12-1995, SEC.18;P.L.2-1996, SEC.5; P.L.3-1997, SEC.37; P.L.221-2005, SEC.9.
IC 3-6-5-14.5
Delegation of duties of circuit court clerk; resolution
Sec. 14.5. (a) The county election board, by unanimous vote ofthe entire membership of the board, may adopt a resolution providingthat certain duties and responsibilities exercised by the circuit courtclerk under this title shall be performed by an employee of the countyelection board.
(b) A resolution adopted under this section:
(1) must specify the duties and responsibilities to be exercisedby the election board employee;
(2) may not be amended or repealed, except by unanimous voteof the entire membership of the county election board; and
(3) expires sixty (60) days after the circuit court clerk who wasa member of the county election board when the resolution wasadopted leaves office.
As added by P.L.3-1993, SEC.14.
IC 3-6-5-15
Political subdivisions with territory in more than one county
Sec. 15. Except as otherwise provided by law, whenever apolitical subdivision (as defined in IC 36-1-2-13 and other than acounty) contains territory in more than one (1) county, the county
election board of the county that contains the greatest percentage ofpopulation of the political subdivision shall conduct all elections forthe political subdivision. This section does not apply to countywideelections.
As added by P.L.5-1986, SEC.2. Amended by P.L.5-1989, SEC.6.
IC 3-6-5-16
Budget estimates
Sec. 16. Each county election board shall prepare annually abudget estimate itemizing its expenditures for the previous year andits estimates of the amount of money necessary to be appropriated forthe next year. The board shall submit the budget estimate at the timeand in the manner and form other county budget estimates arerequired to be filed.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-17
Reports to election division; contents
Sec. 17. (a) Each county election board shall submit a report tothe election division after each primary, special, municipal, andgeneral election describing the activities of the board during theprevious year. The board shall include the following in the report:
(1) Information relating to the expenses of office maintenanceand elections within the county or political subdivisions withinthe county.
(2) A copy of the statement of the county election boardcontaining the votes cast for each candidate and on each publicquestion in each precinct at the last election preceding thesubmission of the report.
(3) Any additional information relating to elections that thecommission prescribes.
(b) The report described in subsection (a) must be postmarked,hand delivered, or transmitted to the election division using thecomputerized list under IC 3-7-26.3 not later than fourteen (14) daysafter each election.
(c) The election division shall send a copy of each report to theoffice not later than ten (10) days after receiving the report.
As added by P.L.5-1986, SEC.2. Amended by P.L.10-1988, SEC.8;P.L.3-1993, SEC.15; P.L.2-1996, SEC.6; P.L.3-1997, SEC.38;P.L.212-2001, SEC.9; P.L.209-2003, SEC.14.
IC 3-6-5-17.5
Report concerning absentee ballots from overseas and uniformedservices voters
Sec. 17.5. (a) As required by 42 U.S.C. 1973ff-1(c), each countyelection board shall submit a report to the election division after eachgeneral election setting forth the combined number of absenteeballots:
(1) transmitted by the county election board to absentuniformed services voters and overseas voters for the election;
and
(2) returned by absent uniformed services voters and overseasvoters and cast in the election.
(b) The report must be:
(1) postmarked or hand delivered to the election division notlater than fourteen (14) days after the election; and
(2) in the form prescribed by the federal Election AssistanceCommission under Section 703(b) of HAVA (42 U.S.C.1973ff-1 (note)).
As added by P.L.209-2003, SEC.15.
IC 3-6-5-18
Circuit court clerk to perform duties of clerk or secretary
Sec. 18. Each circuit court clerk shall perform all duties imposedupon the clerk under this title as a member of the county electionboard or as secretary of the board, except when the clerk is acting asthe registration officer of the county. Any such action taken by theclerk is considered an action of the board.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-19
Circuit court clerk; exercise of powers and duties of board
Sec. 19. A circuit court clerk, with the approval of the countyelection board, shall exercise the powers and perform the dutiesimposed upon the board whenever the facilities of the clerk's officemake it more reasonable and efficient for the clerk to do so. Anyaction taken by the clerk with the approval of the board is consideredan action of the board.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-20
Deputy election commissioners; appointment and removal;residency
Sec. 20. A county election board may appoint and at its pleasureremove deputy election commissioners. A deputy electioncommissioner appointed under this section must reside in the countyof the election board that appointed the deputy commissioner. If adeputy election commissioner ceases to be a resident of the countyof the election board that appointed the deputy electioncommissioner, the person may not continue to serve as a deputyelection commissioner of the county.
As added by P.L.5-1986, SEC.2. Amended by P.L.5-1989, SEC.7.
IC 3-6-5-21
Designation of deputy election commissioners by county chairmen
Sec. 21. The county chairmen of the major political parties of acounty shall designate the deputy election commissioners. Thedeputy election commissioners must be divided equally between themajor political parties.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-22
Deputy election commissioner's duties
Sec. 22. The deputy election commissioners appointed undersection 21 of this chapter may assist the county election board incarrying out its duties in accordance with rules adopted by the board.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-23
Clerks, custodians, and employees; students serving as nonpartisanassistants
Sec. 23. (a) A county election board may appoint and at itspleasure remove clerks, custodians, and other employees that arenecessary in the execution of its powers. The county election boardmay determine the duties, rank, and salaries of its appointees.
(b) The county election board may employ students enrolled atpostsecondary educational institutions (including communitycolleges) to assist in the administration of elections by serving asnonpartisan assistants, in accordance with the requirements of theHelp America Vote College Program conducted by the ElectionAssistance Commission under 42 U.S.C. 15521.
As added by P.L.5-1986, SEC.2. Amended by P.L.209-2003, SEC.16;P.L.2-2007, SEC.9.
IC 3-6-5-24
Candidates for elected office; service as deputy electioncommissioner or employment by county board
Sec. 24. A person who is a candidate for elected office may notbe:
(1) appointed as a deputy election commissioner; or
(2) employed by a county election board.
If a deputy election commissioner or employee of a county electionboard becomes a candidate for elected office, the person may notcontinue to serve as a deputy election commissioner or employee ofa county election board.
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.27.
IC 3-6-5-25
Audit of books of county election board
Sec. 25. The books of each county election board shall be auditedas are the books of other public officials of the county.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-26
Examination of persons; administration of oaths
Sec. 26. A county election board may examine under oath anyperson with regard to a material matter connected with the properdischarge of its duties. Any member of the board may administer theoath.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-27
Subpoena power
Sec. 27. A county election board may subpoena persons andpapers and compel the witnesses to answer under oath any questionsthat properly come before the board.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-28
Service of process
Sec. 28. The sheriff of a county, for a general election, and thechief law enforcement officer of a municipality, for a municipalelection, shall serve all processes issued by a county election board.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-29
Refusal of person to attend or testify; court order; contempt
Sec. 29. If a person subpoenaed by a county election board refusesto attend or testify, the board shall report that fact to a circuit orsuperior court of the county. The court shall order the witness toattend and testify. If the witness fails or refuses to obey the order, thewitness shall be held in contempt.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-30
Witness fees
Sec. 30. A witness who is subpoenaed by a county election boardis entitled to be paid the same mileage and fee to which witnesses incourt actions are entitled. Mileage and fees shall be paid as otherelection expenses are paid.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-31
Election law violations; investigation; action by board
Sec. 31. If a county election board determines that there issubstantial reason to believe an election law violation has occurred,it shall expeditiously make an investigation. If in the judgment of theboard, after affording due notice and an opportunity for a hearing, aperson has engaged or is about to engage in an act or practice thatconstitutes or will constitute a violation of a provision of this title orof a rule or order issued under this title, the board shall take theaction it considers appropriate under the circumstances, includingreferring the matter to the attorney general or the appropriateprosecuting attorney.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-32
Civil action by attorney general or prosecuting attorney;injunctions
Sec. 32. Upon referral under section 31 of this chapter, theattorney general or prosecuting attorney shall institute on behalf of
the state a civil action for relief, including a permanent or temporaryinjunction, restraining order, or other appropriate order in a circuitor superior court in the county in which the person is found, resides,or transacts business. Upon a proper showing that the person hasengaged or is about to engage in the act or practice described bysection 31 of this chapter, the court shall grant a permanent ortemporary injunction, restraining order, or other order without bond.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-33
Assistance by law enforcement officers
Sec. 33. The county sheriff, the chief law enforcement officer ofa municipality within the county, and other law enforcement officersshall assist a county election board, upon request, in the enforcementof the election laws and the discharge of its duties, including the useof police radio and telephone service on election days.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-34
Appeal of county election board decision; time to file
Sec. 34. Except as expressly provided by statute, an appeal maybe taken from a decision of a county election board to the circuitcourt. An appeal taken under this section must be filed not later thanthirty (30) days after the board makes the decision subject to theappeal.
As added by P.L.230-2005, SEC.7.
IC 3-6-5-35
Failure to perform duty as precinct election officer; civil penalty
Sec. 35. (a) An individual who knowingly, recklessly, ornegligently fails to perform a duty as a precinct election officerrequired by this title is subject to a civil penalty under this section inaddition to any other penalty imposed.
(b) If the county election board determines, by unanimous vote ofthe entire membership of the board, that an individual serving as aprecinct election officer has failed to perform a duty required by thistitle, the board shall assess the individual a civil penalty of not morethan five hundred dollars ($500).
(c) A civil penalty assessed under this section may be deductedfrom any compensation that the individual may otherwise be entitledto under IC 3-6-6.
As added by P.L.230-2005, SEC.8.