CHAPTER 9. WATCHERS FOR PRIMARY, SCHOOL BOARD, AND PRECINCT COMMITTEEMEN CANDIDATES
IC 3-6-9
Chapter 9. Watchers for Primary, School Board, and PrecinctCommitteemen Candidates
IC 3-6-9-1
Request for watchers; written statement
Sec. 1. (a) If:
(1) twenty-six percent (26%) or more of all candidates of apolitical party who are candidates for:
(A) nomination to elected offices at a county primaryelection (or municipal primary election within themunicipality in which the municipal primary is to beconducted), not including candidates for delegates to thestate convention or candidates for precinct committeemen;or
(B) precinct committeemen at an election for precinctcommitteemen, whose names are certified to the countyelection board as candidates to be voted for at the primaryelection for precinct committeemen; or
(2) any candidate or group of candidates for a school boardoffice;
desire to have watchers at the polls in any precinct of the county ormunicipality, they shall sign a written statement indicating theirdesire to name watchers.
(b) If the candidates signing the statement are candidates fornomination at a county primary election or for election as precinctcommitteemen or to a school board office, the written statement shallbe filed with the circuit court clerk of the county where thecandidates reside.
(c) If the candidates signing the statement are candidates fornomination at a municipal primary election, the written statementshall be filed with the circuit court clerk of the county that containsthe greatest percentage of the population of the election district.
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.39;P.L.10-1988, SEC.10; P.L.14-2004, SEC.14.
IC 3-6-9-2
Contents of written statement
Sec. 2. The written statement required by section 1 of this chaptermust designate:
(1) a person to act as attorney-in-fact for the candidates; and
(2) the precincts where the watchers are desired and where theyare to serve.
As added by P.L.5-1986, SEC.2.
IC 3-6-9-3
Limitation on appointments of attorney-in-fact
Sec. 3. A candidate may not file more than one (1) appointmentof an attorney-in-fact.
As added by P.L.5-1986, SEC.2.
IC 3-6-9-4
Certification of watchers by attorney-in-fact
Sec. 4. (a) An attorney-in-fact designated under section 2 of thischapter shall file with the circuit court clerk the names of the votersof the county or municipality who are to act as watchers in theprecincts designated in the written statement.
(b) The attorney-in-fact may certify watchers from voters of thecounty or municipality without regard to precinct boundary lines.
(c) A watcher designated under this section:
(1) may not be a candidate to be voted for at the election, exceptas an unopposed candidate for precinct committeeman or stateconvention delegate; and
(2) must be a registered voter of the county.
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.49.
IC 3-6-9-5
Issuance of certificates to watchers
Sec. 5. When the attorney-in-fact has certified the names of thewatchers in writing under section 4 of this chapter to the circuit courtclerk, the clerk shall immediately issue certificates to the personsnamed. The certificates entitle the watchers to go to the precinctsdesignated in the statement. Each watcher's credentials must state thefollowing:
(1) The name of the attorney-in-fact who certified the watcherto the clerk.
(2) The status of the individual as a watcher appointed underthis chapter.
(3) The name of the individual serving as a watcher.
(4) If the watcher is acting on behalf of a school boardcandidate, or a group of political party candidates, the name ofthe school board candidate or political party whose candidateshave petitioned for watchers under this chapter.
As added by P.L.5-1986, SEC.2. Amended by P.L.230-2005, SEC.21.
IC 3-6-9-6
Filing of written statement
Sec. 6. The written statement required by section 1 of this chaptermay be filed with the circuit court clerk at any time until the officialreturns and ballots of the precincts have been delivered to the countyelection board.
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.27.
IC 3-6-9-7
Deputy circuit court clerk
Sec. 7. If the circuit court clerk is not present with the countyelection board, the clerk shall keep at least one (1) deputy in theroom with the board at all times until the tabulation of the vote isfinal. The deputy must be qualified and ready to sign credentials forwatchers when requests for the credentials have been properly filed.
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.28.
IC 3-6-9-8
Right to credentials upon request
Sec. 8. A watcher is entitled to credentials immediately uponrequest. Upon receipt of credentials, a watcher may proceed to theprecinct at any time and proceed with the discharge of the watcher'sduties.
As added by P.L.5-1986, SEC.2.
IC 3-6-9-9
Repealed
(Repealed by P.L.3-1995, SEC.157.)
IC 3-6-9-10
Discharge of watcher
Sec. 10. The circuit court clerk shall immediately revoke thepower of a watcher when requested by the attorney-in-fact todischarge the watcher. The clerk shall provide forms for the purposeof requesting the discharge of a watcher.
As added by P.L.5-1986, SEC.2.
IC 3-6-9-11
Appointment of new watcher; credentials
Sec. 11. Upon discharge of a watcher under section 10 of thischapter, the circuit court clerk shall immediately appoint anotherwatcher named by the attorney-in-fact. The new watcher has thesame powers and duties as the watcher originally appointed and isentitled to credentials from the clerk. The credentials must state thename of the person whose credentials have been revoked. When thenew watcher receives the credentials, the duties of the previouswatcher immediately terminate.
As added by P.L.5-1986, SEC.2.
IC 3-6-9-12
Limitation of number of watchers at polls
Sec. 12. Only one (1) watcher representing a candidate or groupof candidates may enter or be in the polls for a precinct at the sametime, but watchers representing different groups may be in the pollsat the same time.
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.41.
IC 3-6-9-13
Watcher rights
Sec. 13. A watcher appointed under this chapter is entitled to dothe following:
(1) Enter the polls at least thirty (30) minutes before theopening of the polls and remain there throughout election dayuntil all tabulations have been completed.
(2) Inspect the paper ballot boxes, ballot card voting system, orelectronic voting system before votes have been cast.
(3) Inspect the work being done by any precinct election officer. (4) Enter, leave, and reenter the polls at any time on electionday.
(5) Witness the calling and recording of the votes and any otherproceedings of the precinct election officers in the performanceof official duties.
(6) Receive a summary of the vote prepared under IC 3-12-2-15,IC 3-12-3-2, IC 3-12-3-11, or IC 3-12-3.5-3, signed by theprecinct election board, providing:
(A) the names of all candidates of the political party whoseprimary election is being observed by the watcher and thenumber of votes cast for each candidate if the watcher isappointed under section 1(a)(1) of this chapter; or
(B) the names of all candidates at a school board electionand the number of votes cast for each candidate if thewatcher is appointed under section 1(a)(2) of this chapter.
(7) Accompany the inspector and the judge in delivering thetabulation and the election returns to the county election boardby the most direct route.
(8) Be present when the inspector takes a receipt for thetabulation and the election returns delivered to the countyelection board.
(9) Call upon the election sheriffs to make arrests.
As added by P.L.14-2004, SEC.15. Amended by P.L.221-2005,SEC.12.