IC 3-11.5-6
Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards
IC 3-11.5-6-1 Conditions for applicability of chapter; resolution
Sec. 1. (a) This chapter applies in a county only if the county
election board adopts a resolution making this chapter applicable in
the county.
(b) A copy of a resolution adopted under this section shall be sent
to the election division.
(c) A county election board may not adopt a resolution under this
section less than:
(1) sixty (60) days before an election is to be conducted; or
(2) fourteen (14) days after an election has been conducted.
(d) A resolution adopted under this section takes effect
immediately and may only be rescinded by the unanimous vote of the
entire membership of the county election board. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended
by P.L.2-1996, SEC.204; P.L.3-1997, SEC.337.
IC 3-11.5-6-2 Conditions for applicability of chapter; ballot cards
Sec. 2. This chapter applies to the counting of absentee ballots
cast on ballot cards. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-3 Time for counting ballots; personnel
Sec. 3. Immediately after:
(1) the couriers have returned the certificate from a precinct
under IC 3-11.5-4-9; and
(2) the absentee ballot counters or the county election board has
made the findings required under IC 3-11-10 and IC 3-11.5-4
for the absentee ballots cast by voters of the precinct and
deposited the accepted absentee ballots in the envelope required
under IC 3-11.5-4-12;
the absentee ballot counters shall, in a central counting location
designated by the county election board, count the absentee ballot
votes for each candidate for each office and on each public question
in the precinct with the assistance of any persons required for the
operation of the automatic tabulating machine. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-4 Count of ballots without interruption
Sec. 4. To minimize delay, the absentee ballot counters shall
continue to count without interruption until all absentee ballots for
the precinct are canvassed and the certificates required by this
chapter are prepared and delivered to the person entitled to receive
the certificates.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-5 Grouping of ballot cards
Sec. 5. The absentee ballot counters shall determine if the ballot
cards are properly grouped and arranged so that all similar cards
from a precinct are together before the ballots are counted on an
automatic tabulating machine. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-6 Persons who may protest ballot
Sec. 6. During the tabulation of votes at a central counting
location, an absentee ballot counter performing the count, a member
of the county election board, or a representative designated by the
member of the board may protest the counting of a ballot or part of
a ballot cast by a voter of a precinct. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-7 Referring protested ballot to county election board
Sec. 7. If the absentee ballot counters cannot agree whether to
count a ballot following a protest under section 6 of this chapter, the
question shall be referred to the county election board for a decision. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-8 Notations on contested ballots
Sec. 8. Following a decision by the absentee ballot counters or the
county election board:
(1) the absentee ballot counters immediately shall write on the
back of the protested ballot card the word "counted" or "not
counted", as appropriate; and
(2) the person protesting the ballot under section 6 of this
chapter shall officially sign the protested ballot card. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-9 Damaged ballots unable to be machine processed
Sec. 9. If an absentee ballot is damaged or defective so that the
ballot cannot properly be counted by an automatic tabulating
machine, a remake team composed of one (1) person from each of
the major political parties of the county shall have the card prepared
for processing so as to record accurately the intent of the voter
insofar as the intent can be ascertained. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-10 Duplicate copy of damaged ballot; witnesses
Sec. 10. If necessary, a true duplicate copy shall be made of the
damaged ballot card in the presence of witnesses and substituted for
the damaged card. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-11 Duplicate copy of defective card
Sec. 11. A duplicate ballot card shall be made of a defective card,
not including the uncounted votes. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-12 Duplicate cards; identification information
Sec. 12. All duplicate cards must:
(1) be clearly labeled "duplicate"; and
(2) bear a serial number that shall be recorded on the damaged
or defective card. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-13 Counting of duplicate instead of defective card
Sec. 13. Each duplicate ballot card shall be counted instead of the
damaged or defective card. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-14 Failure to test tabulating machines for particular office or
question; manual tabulation
Sec. 14. If a test of automatic tabulating machines required by
IC 3-11-13-22 or IC 3-11-13-26 is not conducted for a particular
office or public question, the absentee ballot votes for that office
shall be counted manually. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-15 Direction to manually count ballots
Sec. 15. If for any reason the county election board determines
that it is impracticable to count all or some of the absentee ballots
under this chapter with an automatic tabulating machine, the board
may direct that the ballot cards be counted manually. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-16 Standards for manually tabulated vote count
Sec. 16. If ballot cards are counted manually, the tabulation of
votes must comply with the standards prescribed by IC 3-11-7. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-17 Counting write-in votes for federal office
Sec. 17. IC 3-11.5-5-14 applies to the counting of write-in
absentee ballots for a federal office cast on a ballot card received
under 42 U.S.C. 1973ff. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-18 Certification of vote count; time
Sec. 18. When all the votes have been counted, the absentee ballot
counters shall prepare a certificate stating the number of votes that
each candidate received for each office and the number of votes cast
on each public question. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-19 Certification of vote count; formal requirements; memorandum
Sec. 19. The number of votes that each candidate and each public
question received shall be written in words and numbers. The
absentee ballot counters shall prepare a memorandum of the total
votes cast for each candidate and on each public question and ensure
that each member of the county election board receives a copy of the
memorandum. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-20 Delivery of certificate of vote count; return of equipment
Sec. 20. The absentee ballot counters shall deliver the certificates
prepared under section 18 of this chapter and the return printed by
the automatic tabulating machine to the county election board
immediately upon the tabulation of the vote in each precinct. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-21 Packaging counted ballots for storage
Sec. 21. As soon as the ballots have been counted, the absentee
ballot counters shall in the presence of the county election board do
the following:
(1) Place in a strong paper envelope or bag the following:
(A) All ballots, voted and not voted, together with all
protested and uncounted ballots.
(B) One (1) copy of each of the certificates prepared under
IC 3-11.5-4-1 and IC 3-11.5-4-8.
(C) The tally papers.
(2) Securely seal the envelope or bag.
(3) Have both absentee ballot counters initial the envelope or
bag.
(4) Plainly mark on the outside of the envelope or bag, in ink,
the precinct for which the absentee ballots were cast.
(5) Deliver the envelope or bag to the circuit court clerk.
(6) Notify the circuit court clerk of the number of ballots placed
in the envelope or bag. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. IC 3-11.5-6-22 Oath of ballot counters
Sec. 22. Upon delivery of the envelope or bag to the circuit court
clerk, each absentee ballot counter shall take and subscribe an oath
before the clerk stating that the counter:
(1) securely kept the ballots and papers in the envelope or bag;
(2) did not permit any person to open the envelope or bag or to
otherwise touch or tamper with the ballots; and
(3) had no knowledge of any other person opening the envelope
or bag. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-23 Filing of oath of ballot counters
Sec. 23. The circuit court clerk shall file the oath taken under
section 22 of this chapter with the clerk's other election documents. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-24 Locks for ballot storage containers
Sec. 24. The circuit court clerk shall place the envelope or bag in
a receptacle provided by the county executive with two (2) different
locks. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-25 Keys to locks for ballot storage containers
Sec. 25. The circuit court clerk shall do the following:
(1) Lock the receptacle provided under section 24 of this
chapter.
(2) Retain one (1) key to one (1) lock of the receptacle.
(3) Give one (1) key to the other lock of the receptacle to the
member of the county election board who is not a member of
the same political party as the clerk. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-26 Preservation of ballots; time requirements
Sec. 26. The circuit court clerk shall preserve the receptacle
containing the envelope or bag in the clerk's office for the period
required under IC 3-10-1-31 or IC 3-10-1-31.1. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended
by P.L.14-2004, SEC.146.
IC 3-11.5-6-27 Preservation of ballots; time requirements of contested elections
Sec. 27. If the election is contested, the clerk shall preserve the
receptacle containing the envelope or bag as long as the contest is
undetermined. During those periods the clerk shall keep the
receptacle securely locked, subject only to an order of the court
trying a contest. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-28 Destruction of stored ballots
Sec. 28. When permitted under IC 3-10-1-31 or IC 3-10-1-31.1,
the clerk and a county election board member of the opposite
political party shall remove the envelope or bag from the receptacle
and destroy the envelope or bag. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended
by P.L.14-2004, SEC.147.
IC 3-11.5-6-29 Contracts with educational institutions for destruction of ballots
Sec. 29. A county election board may contract with a state
educational institution to dispose of the ballots. The contract must
provide that:
(1) the ballots will be used by the state educational institution
to conduct election research; and
(2) the state educational institution may not receive any ballots
under this subsection until the period for retention under
IC 3-10-1-31 or IC 3-10-1-31.1 has expired. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended
by P.L.14-2004, SEC.148; P.L.2-2007, SEC.13.
IC 3-11.5-6-30 News media certificate; preparation
Sec. 30. Immediately upon completion of the vote count, the
absentee ballot counters shall make and sign a certificate for the
news media showing the total number of absentee ballot votes
received by each candidate and on each public question in the
precinct. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-31 News media certificate; time and manner of release
Sec. 31. The absentee ballot counters shall deliver the certificate
to the circuit court clerk as soon as the certificate is completed. The
circuit court clerk shall deliver the certificate made for the news
media to any person designated to receive the certificate by the
editors of the newspapers published in the county or by the managers
of the radio and television stations operating in the county
immediately upon the completion of the certificate, but not before the
closing of the polls. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-32 Release of voting information before closing of polls
Sec. 32. (a) This section applies to a person who observes or
performs any of the following under this chapter:
(1) The counting of absentee ballots.
(2) The proceedings of absentee ballot counters or the county
election board regarding a protested ballot.
(3) The preparation of a certificate by absentee ballot counters.
(4) The delivery of a certificate to the circuit court clerk or
county election board.
(b) Except as prescribed by this chapter, a person shall not
provide any other person with information concerning the number of
votes:
(1) a candidate received for an office; or
(2) cast to approve or reject a public question;
on absentee ballots counted under this chapter before the closing of
the polls. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-33 Conduct of recount
Sec. 33. In case of a recount, all ballot cards shall be recounted in
the manner prescribed by this chapter unless:
(1) the court ordering the recount or the state recount
commission directs that the ballots be counted manually; or
(2) a request for a manual recount is made under IC 3-12-6 or
IC 3-12-11. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6
Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards
IC 3-11.5-6-1 Conditions for applicability of chapter; resolution
Sec. 1. (a) This chapter applies in a county only if the county
election board adopts a resolution making this chapter applicable in
the county.
(b) A copy of a resolution adopted under this section shall be sent
to the election division.
(c) A county election board may not adopt a resolution under this
section less than:
(1) sixty (60) days before an election is to be conducted; or
(2) fourteen (14) days after an election has been conducted.
(d) A resolution adopted under this section takes effect
immediately and may only be rescinded by the unanimous vote of the
entire membership of the county election board. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended
by P.L.2-1996, SEC.204; P.L.3-1997, SEC.337.
IC 3-11.5-6-2 Conditions for applicability of chapter; ballot cards
Sec. 2. This chapter applies to the counting of absentee ballots
cast on ballot cards. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-3 Time for counting ballots; personnel
Sec. 3. Immediately after:
(1) the couriers have returned the certificate from a precinct
under IC 3-11.5-4-9; and
(2) the absentee ballot counters or the county election board has
made the findings required under IC 3-11-10 and IC 3-11.5-4
for the absentee ballots cast by voters of the precinct and
deposited the accepted absentee ballots in the envelope required
under IC 3-11.5-4-12;
the absentee ballot counters shall, in a central counting location
designated by the county election board, count the absentee ballot
votes for each candidate for each office and on each public question
in the precinct with the assistance of any persons required for the
operation of the automatic tabulating machine. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-4 Count of ballots without interruption
Sec. 4. To minimize delay, the absentee ballot counters shall
continue to count without interruption until all absentee ballots for
the precinct are canvassed and the certificates required by this
chapter are prepared and delivered to the person entitled to receive
the certificates.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-5 Grouping of ballot cards
Sec. 5. The absentee ballot counters shall determine if the ballot
cards are properly grouped and arranged so that all similar cards
from a precinct are together before the ballots are counted on an
automatic tabulating machine. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-6 Persons who may protest ballot
Sec. 6. During the tabulation of votes at a central counting
location, an absentee ballot counter performing the count, a member
of the county election board, or a representative designated by the
member of the board may protest the counting of a ballot or part of
a ballot cast by a voter of a precinct. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-7 Referring protested ballot to county election board
Sec. 7. If the absentee ballot counters cannot agree whether to
count a ballot following a protest under section 6 of this chapter, the
question shall be referred to the county election board for a decision. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-8 Notations on contested ballots
Sec. 8. Following a decision by the absentee ballot counters or the
county election board:
(1) the absentee ballot counters immediately shall write on the
back of the protested ballot card the word "counted" or "not
counted", as appropriate; and
(2) the person protesting the ballot under section 6 of this
chapter shall officially sign the protested ballot card. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-9 Damaged ballots unable to be machine processed
Sec. 9. If an absentee ballot is damaged or defective so that the
ballot cannot properly be counted by an automatic tabulating
machine, a remake team composed of one (1) person from each of
the major political parties of the county shall have the card prepared
for processing so as to record accurately the intent of the voter
insofar as the intent can be ascertained. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-10 Duplicate copy of damaged ballot; witnesses
Sec. 10. If necessary, a true duplicate copy shall be made of the
damaged ballot card in the presence of witnesses and substituted for
the damaged card. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-11 Duplicate copy of defective card
Sec. 11. A duplicate ballot card shall be made of a defective card,
not including the uncounted votes. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-12 Duplicate cards; identification information
Sec. 12. All duplicate cards must:
(1) be clearly labeled "duplicate"; and
(2) bear a serial number that shall be recorded on the damaged
or defective card. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-13 Counting of duplicate instead of defective card
Sec. 13. Each duplicate ballot card shall be counted instead of the
damaged or defective card. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-14 Failure to test tabulating machines for particular office or
question; manual tabulation
Sec. 14. If a test of automatic tabulating machines required by
IC 3-11-13-22 or IC 3-11-13-26 is not conducted for a particular
office or public question, the absentee ballot votes for that office
shall be counted manually. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-15 Direction to manually count ballots
Sec. 15. If for any reason the county election board determines
that it is impracticable to count all or some of the absentee ballots
under this chapter with an automatic tabulating machine, the board
may direct that the ballot cards be counted manually. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-16 Standards for manually tabulated vote count
Sec. 16. If ballot cards are counted manually, the tabulation of
votes must comply with the standards prescribed by IC 3-11-7. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-17 Counting write-in votes for federal office
Sec. 17. IC 3-11.5-5-14 applies to the counting of write-in
absentee ballots for a federal office cast on a ballot card received
under 42 U.S.C. 1973ff. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-18 Certification of vote count; time
Sec. 18. When all the votes have been counted, the absentee ballot
counters shall prepare a certificate stating the number of votes that
each candidate received for each office and the number of votes cast
on each public question. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-19 Certification of vote count; formal requirements; memorandum
Sec. 19. The number of votes that each candidate and each public
question received shall be written in words and numbers. The
absentee ballot counters shall prepare a memorandum of the total
votes cast for each candidate and on each public question and ensure
that each member of the county election board receives a copy of the
memorandum. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-20 Delivery of certificate of vote count; return of equipment
Sec. 20. The absentee ballot counters shall deliver the certificates
prepared under section 18 of this chapter and the return printed by
the automatic tabulating machine to the county election board
immediately upon the tabulation of the vote in each precinct. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-21 Packaging counted ballots for storage
Sec. 21. As soon as the ballots have been counted, the absentee
ballot counters shall in the presence of the county election board do
the following:
(1) Place in a strong paper envelope or bag the following:
(A) All ballots, voted and not voted, together with all
protested and uncounted ballots.
(B) One (1) copy of each of the certificates prepared under
IC 3-11.5-4-1 and IC 3-11.5-4-8.
(C) The tally papers.
(2) Securely seal the envelope or bag.
(3) Have both absentee ballot counters initial the envelope or
bag.
(4) Plainly mark on the outside of the envelope or bag, in ink,
the precinct for which the absentee ballots were cast.
(5) Deliver the envelope or bag to the circuit court clerk.
(6) Notify the circuit court clerk of the number of ballots placed
in the envelope or bag. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. IC 3-11.5-6-22 Oath of ballot counters
Sec. 22. Upon delivery of the envelope or bag to the circuit court
clerk, each absentee ballot counter shall take and subscribe an oath
before the clerk stating that the counter:
(1) securely kept the ballots and papers in the envelope or bag;
(2) did not permit any person to open the envelope or bag or to
otherwise touch or tamper with the ballots; and
(3) had no knowledge of any other person opening the envelope
or bag. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-23 Filing of oath of ballot counters
Sec. 23. The circuit court clerk shall file the oath taken under
section 22 of this chapter with the clerk's other election documents. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-24 Locks for ballot storage containers
Sec. 24. The circuit court clerk shall place the envelope or bag in
a receptacle provided by the county executive with two (2) different
locks. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-25 Keys to locks for ballot storage containers
Sec. 25. The circuit court clerk shall do the following:
(1) Lock the receptacle provided under section 24 of this
chapter.
(2) Retain one (1) key to one (1) lock of the receptacle.
(3) Give one (1) key to the other lock of the receptacle to the
member of the county election board who is not a member of
the same political party as the clerk. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-26 Preservation of ballots; time requirements
Sec. 26. The circuit court clerk shall preserve the receptacle
containing the envelope or bag in the clerk's office for the period
required under IC 3-10-1-31 or IC 3-10-1-31.1. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended
by P.L.14-2004, SEC.146.
IC 3-11.5-6-27 Preservation of ballots; time requirements of contested elections
Sec. 27. If the election is contested, the clerk shall preserve the
receptacle containing the envelope or bag as long as the contest is
undetermined. During those periods the clerk shall keep the
receptacle securely locked, subject only to an order of the court
trying a contest. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-28 Destruction of stored ballots
Sec. 28. When permitted under IC 3-10-1-31 or IC 3-10-1-31.1,
the clerk and a county election board member of the opposite
political party shall remove the envelope or bag from the receptacle
and destroy the envelope or bag. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended
by P.L.14-2004, SEC.147.
IC 3-11.5-6-29 Contracts with educational institutions for destruction of ballots
Sec. 29. A county election board may contract with a state
educational institution to dispose of the ballots. The contract must
provide that:
(1) the ballots will be used by the state educational institution
to conduct election research; and
(2) the state educational institution may not receive any ballots
under this subsection until the period for retention under
IC 3-10-1-31 or IC 3-10-1-31.1 has expired. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended
by P.L.14-2004, SEC.148; P.L.2-2007, SEC.13.
IC 3-11.5-6-30 News media certificate; preparation
Sec. 30. Immediately upon completion of the vote count, the
absentee ballot counters shall make and sign a certificate for the
news media showing the total number of absentee ballot votes
received by each candidate and on each public question in the
precinct. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-31 News media certificate; time and manner of release
Sec. 31. The absentee ballot counters shall deliver the certificate
to the circuit court clerk as soon as the certificate is completed. The
circuit court clerk shall deliver the certificate made for the news
media to any person designated to receive the certificate by the
editors of the newspapers published in the county or by the managers
of the radio and television stations operating in the county
immediately upon the completion of the certificate, but not before the
closing of the polls. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-32 Release of voting information before closing of polls
Sec. 32. (a) This section applies to a person who observes or
performs any of the following under this chapter:
(1) The counting of absentee ballots.
(2) The proceedings of absentee ballot counters or the county
election board regarding a protested ballot.
(3) The preparation of a certificate by absentee ballot counters.
(4) The delivery of a certificate to the circuit court clerk or
county election board.
(b) Except as prescribed by this chapter, a person shall not
provide any other person with information concerning the number of
votes:
(1) a candidate received for an office; or
(2) cast to approve or reject a public question;
on absentee ballots counted under this chapter before the closing of
the polls. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-33 Conduct of recount
Sec. 33. In case of a recount, all ballot cards shall be recounted in
the manner prescribed by this chapter unless:
(1) the court ordering the recount or the state recount
commission directs that the ballots be counted manually; or
(2) a request for a manual recount is made under IC 3-12-6 or
IC 3-12-11. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6
Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards
IC 3-11.5-6-1 Conditions for applicability of chapter; resolution
Sec. 1. (a) This chapter applies in a county only if the county
election board adopts a resolution making this chapter applicable in
the county.
(b) A copy of a resolution adopted under this section shall be sent
to the election division.
(c) A county election board may not adopt a resolution under this
section less than:
(1) sixty (60) days before an election is to be conducted; or
(2) fourteen (14) days after an election has been conducted.
(d) A resolution adopted under this section takes effect
immediately and may only be rescinded by the unanimous vote of the
entire membership of the county election board. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended
by P.L.2-1996, SEC.204; P.L.3-1997, SEC.337.
IC 3-11.5-6-2 Conditions for applicability of chapter; ballot cards
Sec. 2. This chapter applies to the counting of absentee ballots
cast on ballot cards. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-3 Time for counting ballots; personnel
Sec. 3. Immediately after:
(1) the couriers have returned the certificate from a precinct
under IC 3-11.5-4-9; and
(2) the absentee ballot counters or the county election board has
made the findings required under IC 3-11-10 and IC 3-11.5-4
for the absentee ballots cast by voters of the precinct and
deposited the accepted absentee ballots in the envelope required
under IC 3-11.5-4-12;
the absentee ballot counters shall, in a central counting location
designated by the county election board, count the absentee ballot
votes for each candidate for each office and on each public question
in the precinct with the assistance of any persons required for the
operation of the automatic tabulating machine. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-4 Count of ballots without interruption
Sec. 4. To minimize delay, the absentee ballot counters shall
continue to count without interruption until all absentee ballots for
the precinct are canvassed and the certificates required by this
chapter are prepared and delivered to the person entitled to receive
the certificates.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-5 Grouping of ballot cards
Sec. 5. The absentee ballot counters shall determine if the ballot
cards are properly grouped and arranged so that all similar cards
from a precinct are together before the ballots are counted on an
automatic tabulating machine. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-6 Persons who may protest ballot
Sec. 6. During the tabulation of votes at a central counting
location, an absentee ballot counter performing the count, a member
of the county election board, or a representative designated by the
member of the board may protest the counting of a ballot or part of
a ballot cast by a voter of a precinct. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-7 Referring protested ballot to county election board
Sec. 7. If the absentee ballot counters cannot agree whether to
count a ballot following a protest under section 6 of this chapter, the
question shall be referred to the county election board for a decision. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-8 Notations on contested ballots
Sec. 8. Following a decision by the absentee ballot counters or the
county election board:
(1) the absentee ballot counters immediately shall write on the
back of the protested ballot card the word "counted" or "not
counted", as appropriate; and
(2) the person protesting the ballot under section 6 of this
chapter shall officially sign the protested ballot card. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-9 Damaged ballots unable to be machine processed
Sec. 9. If an absentee ballot is damaged or defective so that the
ballot cannot properly be counted by an automatic tabulating
machine, a remake team composed of one (1) person from each of
the major political parties of the county shall have the card prepared
for processing so as to record accurately the intent of the voter
insofar as the intent can be ascertained. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-10 Duplicate copy of damaged ballot; witnesses
Sec. 10. If necessary, a true duplicate copy shall be made of the
damaged ballot card in the presence of witnesses and substituted for
the damaged card. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-11 Duplicate copy of defective card
Sec. 11. A duplicate ballot card shall be made of a defective card,
not including the uncounted votes. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-12 Duplicate cards; identification information
Sec. 12. All duplicate cards must:
(1) be clearly labeled "duplicate"; and
(2) bear a serial number that shall be recorded on the damaged
or defective card. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-13 Counting of duplicate instead of defective card
Sec. 13. Each duplicate ballot card shall be counted instead of the
damaged or defective card. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-14 Failure to test tabulating machines for particular office or
question; manual tabulation
Sec. 14. If a test of automatic tabulating machines required by
IC 3-11-13-22 or IC 3-11-13-26 is not conducted for a particular
office or public question, the absentee ballot votes for that office
shall be counted manually. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-15 Direction to manually count ballots
Sec. 15. If for any reason the county election board determines
that it is impracticable to count all or some of the absentee ballots
under this chapter with an automatic tabulating machine, the board
may direct that the ballot cards be counted manually. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-16 Standards for manually tabulated vote count
Sec. 16. If ballot cards are counted manually, the tabulation of
votes must comply with the standards prescribed by IC 3-11-7. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-17 Counting write-in votes for federal office
Sec. 17. IC 3-11.5-5-14 applies to the counting of write-in
absentee ballots for a federal office cast on a ballot card received
under 42 U.S.C. 1973ff. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-18 Certification of vote count; time
Sec. 18. When all the votes have been counted, the absentee ballot
counters shall prepare a certificate stating the number of votes that
each candidate received for each office and the number of votes cast
on each public question. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-19 Certification of vote count; formal requirements; memorandum
Sec. 19. The number of votes that each candidate and each public
question received shall be written in words and numbers. The
absentee ballot counters shall prepare a memorandum of the total
votes cast for each candidate and on each public question and ensure
that each member of the county election board receives a copy of the
memorandum. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-20 Delivery of certificate of vote count; return of equipment
Sec. 20. The absentee ballot counters shall deliver the certificates
prepared under section 18 of this chapter and the return printed by
the automatic tabulating machine to the county election board
immediately upon the tabulation of the vote in each precinct. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-21 Packaging counted ballots for storage
Sec. 21. As soon as the ballots have been counted, the absentee
ballot counters shall in the presence of the county election board do
the following:
(1) Place in a strong paper envelope or bag the following:
(A) All ballots, voted and not voted, together with all
protested and uncounted ballots.
(B) One (1) copy of each of the certificates prepared under
IC 3-11.5-4-1 and IC 3-11.5-4-8.
(C) The tally papers.
(2) Securely seal the envelope or bag.
(3) Have both absentee ballot counters initial the envelope or
bag.
(4) Plainly mark on the outside of the envelope or bag, in ink,
the precinct for which the absentee ballots were cast.
(5) Deliver the envelope or bag to the circuit court clerk.
(6) Notify the circuit court clerk of the number of ballots placed
in the envelope or bag. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. IC 3-11.5-6-22 Oath of ballot counters
Sec. 22. Upon delivery of the envelope or bag to the circuit court
clerk, each absentee ballot counter shall take and subscribe an oath
before the clerk stating that the counter:
(1) securely kept the ballots and papers in the envelope or bag;
(2) did not permit any person to open the envelope or bag or to
otherwise touch or tamper with the ballots; and
(3) had no knowledge of any other person opening the envelope
or bag. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-23 Filing of oath of ballot counters
Sec. 23. The circuit court clerk shall file the oath taken under
section 22 of this chapter with the clerk's other election documents. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-24 Locks for ballot storage containers
Sec. 24. The circuit court clerk shall place the envelope or bag in
a receptacle provided by the county executive with two (2) different
locks. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-25 Keys to locks for ballot storage containers
Sec. 25. The circuit court clerk shall do the following:
(1) Lock the receptacle provided under section 24 of this
chapter.
(2) Retain one (1) key to one (1) lock of the receptacle.
(3) Give one (1) key to the other lock of the receptacle to the
member of the county election board who is not a member of
the same political party as the clerk. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-26 Preservation of ballots; time requirements
Sec. 26. The circuit court clerk shall preserve the receptacle
containing the envelope or bag in the clerk's office for the period
required under IC 3-10-1-31 or IC 3-10-1-31.1. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended
by P.L.14-2004, SEC.146.
IC 3-11.5-6-27 Preservation of ballots; time requirements of contested elections
Sec. 27. If the election is contested, the clerk shall preserve the
receptacle containing the envelope or bag as long as the contest is
undetermined. During those periods the clerk shall keep the
receptacle securely locked, subject only to an order of the court
trying a contest. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-28 Destruction of stored ballots
Sec. 28. When permitted under IC 3-10-1-31 or IC 3-10-1-31.1,
the clerk and a county election board member of the opposite
political party shall remove the envelope or bag from the receptacle
and destroy the envelope or bag. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended
by P.L.14-2004, SEC.147.
IC 3-11.5-6-29 Contracts with educational institutions for destruction of ballots
Sec. 29. A county election board may contract with a state
educational institution to dispose of the ballots. The contract must
provide that:
(1) the ballots will be used by the state educational institution
to conduct election research; and
(2) the state educational institution may not receive any ballots
under this subsection until the period for retention under
IC 3-10-1-31 or IC 3-10-1-31.1 has expired. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended
by P.L.14-2004, SEC.148; P.L.2-2007, SEC.13.
IC 3-11.5-6-30 News media certificate; preparation
Sec. 30. Immediately upon completion of the vote count, the
absentee ballot counters shall make and sign a certificate for the
news media showing the total number of absentee ballot votes
received by each candidate and on each public question in the
precinct. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-31 News media certificate; time and manner of release
Sec. 31. The absentee ballot counters shall deliver the certificate
to the circuit court clerk as soon as the certificate is completed. The
circuit court clerk shall deliver the certificate made for the news
media to any person designated to receive the certificate by the
editors of the newspapers published in the county or by the managers
of the radio and television stations operating in the county
immediately upon the completion of the certificate, but not before the
closing of the polls. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-32 Release of voting information before closing of polls
Sec. 32. (a) This section applies to a person who observes or
performs any of the following under this chapter:
(1) The counting of absentee ballots.
(2) The proceedings of absentee ballot counters or the county
election board regarding a protested ballot.
(3) The preparation of a certificate by absentee ballot counters.
(4) The delivery of a certificate to the circuit court clerk or
county election board.
(b) Except as prescribed by this chapter, a person shall not
provide any other person with information concerning the number of
votes:
(1) a candidate received for an office; or
(2) cast to approve or reject a public question;
on absentee ballots counted under this chapter before the closing of
the polls. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-6-33 Conduct of recount
Sec. 33. In case of a recount, all ballot cards shall be recounted in
the manner prescribed by this chapter unless:
(1) the court ordering the recount or the state recount
commission directs that the ballots be counted manually; or
(2) a request for a manual recount is made under IC 3-12-6 or
IC 3-12-11. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
