IC 3-11-11-1 Application of chapter
Sec. 1. This chapter applies to each precinct where voting is by
paper ballot. As added by P.L.5-1986, SEC.7.
IC 3-11-11-1.1 Paper ballot use by county election board
Sec. 1.1. A county election board may use paper ballots:
(1) in any election;
(2) in all or in some of the precincts within a political
subdivision holding an election; and
(3) instead of or in combination with any other voting method. As added by P.L.3-1987, SEC.269.
IC 3-11-11-1.2 Education program to inform of effect of casting multiple votes for
single office
Sec. 1.2. As required by 42 U.S.C. 15481, an election board must
establish a voter education program to notify a voter of the effect of
casting multiple votes for a single office on a paper ballot. As added by P.L.209-2003, SEC.150. Amended by P.L.14-2004,
SEC.129; P.L.164-2006, SEC.110.
IC 3-11-11-1.5 Sample ballots
Sec. 1.5. The election division shall provide each county election
board the number of sample ballots for each precinct considered
adequate by the county election board. The sample ballots must be:
(1) exact copies of the official ballots furnished by the election
division; and
(2) printed on different colored paper than the official ballots. As added by P.L.3-1987, SEC.270. Amended by P.L.2-1996,
SEC.186; P.L.3-1997, SEC.311.
IC 3-11-11-1.6 Separate enclosure and delivery of sample ballots
Sec. 1.6. The election division shall enclose the sample ballots in
a separate wrapper or envelope from that of other papers delivered
by the election division to the circuit court clerk and deliver them to
the clerk or the messenger authorized by the clerk to receive the
ballots. As added by P.L.3-1987, SEC.271. Amended by P.L.2-1996,
SEC.187; P.L.3-1997, SEC.312.
IC 3-11-11-1.7 Sample ballots supplied for precincts; posting of copies
Sec. 1.7. (a) Each county election board shall provide an adequate
number of sample ballots for each precinct of the county. The county
election board shall arrange the sample ballots in the form of a
diagram showing:
(1) the political party and independent tickets;
(2) the offices to be filled;
(3) the names of the candidates; and
(4) the public questions;
in the same order in which they will occur on the official ballots
printed under the jurisdiction of the election division and the county
election board. However, if presidential electors are to be voted for
at an election, then the ballot of each party or independent ticket
must be in the form prescribed by IC 3-10-4-1.
(b) This subsection applies to a county having a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000). At least ten (10) days before an
election, each county election board shall duplicate, distribute, and
cause to be posted copies of official sample ballots:
(1) received from the election division; and
(2) prepared by the county election board;
to schools, fire stations, county courthouses, and other public
buildings in the county. As added by P.L.3-1987, SEC.272. Amended by P.L.10-1988,
SEC.116; P.L.7-1991, SEC.5; P.L.12-1992, SEC.9; P.L.3-1993,
SEC.155; P.L.2-1996, SEC.188; P.L.3-1997, SEC.313.
IC 3-11-11-1.8 Time of delivery to polls of ballots and equipment
Sec. 1.8. Each county election board shall have the ballots and all
necessary furniture and appliances that go with the ballots at the
polls delivered to the appropriate precinct not later than 6 p.m. of the
day before election day. The county executive shall provide
transportation for the material if requested to do so by the county
election board. As added by P.L.3-1987, SEC.273.
IC 3-11-11-1.9 Comparison of sample ballots with ones supplied; certification
Sec. 1.9. (a) Before the opening of the polls, the precinct election
board shall compare the ballots with the sample ballots and
determine whether the names, numbers, and letters are in agreement.
The board then shall certify that the ballots and the sample ballots
are in agreement. Forms shall be provided for certification, and the
certification shall be filed with the election returns.
(b) The inspector of each precinct, or a person under the direction
of the inspector, shall post sample ballots near the entrance of the
chute for the precinct. The ballots must be available for public
inspection throughout election day. As added by P.L.3-1987, SEC.274. IC 3-11-11-2 Voting preparations; ballot box
Sec. 2. (a) On the morning of election day, the precinct election
officers shall meet at the polls at least one (1) hour before the time
for opening the polls. The inspector then shall have:
(1) the boundaries of the chute designated;
(2) the sample ballots and instruction cards posted; and
(3) everything put in readiness for the commencement of voting
at the opening of the polls.
(b) At the opening of the polls, the inspector and judges shall see
that there are no ballots in the ballot box before the voting begins.
After the inspection of the box, the inspector shall:
(1) securely lock the box;
(2) give one (1) key to the judge of the opposite political party;
and
(3) retain one (1) key.
(c) Once securely locked, the ballot box may not be opened again
until after the polls have been closed and the precinct election board
is ready to immediately proceed with the counting, except as
otherwise provided for central counting.
(d) The voting booths or compartments must be of a size and
design to permit a voter to mark ballots in secret. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.275;
P.L.221-2005, SEC.75.
IC 3-11-11-3 Opening package of ballots; delivery of ballots and writing
instrument
Sec. 3. At the opening of the polls, after the organization of and
in the presence of the precinct election board, the inspector shall:
(1) open the packages of ballots in a manner that preserves the
seals intact;
(2) deliver twenty-five (25) of each of the state and local ballots
to the poll clerk of the opposite political party; and
(3) deliver to the other poll clerk a pen for marking the ballots. As added by P.L.5-1986, SEC.7. Amended by P.L.5-1989, SEC.59;
P.L.3-1993, SEC.156.
IC 3-11-11-4 Initial of poll clerk on each ballot
Sec. 4. Upon receipt of the ballots and pen under section 3 of this
chapter, the poll clerks or assistant poll clerks immediately shall
place their initials in ink on the back of each ballot. The initials must
be in the clerks' ordinary handwriting or printing and without a
distinguishing mark of any kind. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.276;
P.L.3-1993, SEC.157.
IC 3-11-11-5 Delivery of initialed ballots by type as voters call for them
Sec. 5. Following the resolution of any challenge to a voter, as
each successive voter calls for a ballot, the poll clerks or assistant
poll clerks shall deliver to the voter the first initialed ballot of each
type. The inspector shall then deliver to the clerks another ballot of
each type, which the clerks shall initial as before. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.277.
IC 3-11-11-6 Delivery of ballots and writing instrument to voter; explanations
Sec. 6. (a) After a voter has signed the poll list, one (1) of the poll
clerks or assistant poll clerks shall deliver to the voter one (1) of each
ballot that the voter is entitled to vote at the election and one (1)
pencil or pen. Both judges, on request, shall give an explanation of
the voting method. If necessary, a precinct election officer shall
assist a voter in determining if the proper initials appear on a ballot.
(b) As provided by 42 U.S.C. 15481, when a voter receives a
paper ballot under this section, the board must also provide the voter
with:
(1) information concerning the effect of casting multiple votes
for an office; and
(2) instructions on how to correct the ballot before the ballot is
cast and counted, including the issuance of replacement ballots. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.278;
P.L.5-1989, SEC.60; P.L.3-1993, SEC.158; P.L.209-2003, SEC.151;
P.L.164-2006, SEC.111.
IC 3-11-11-7 Standards to define a vote; voting procedure; marking; write-in
votes
Sec. 7. (a) This section is enacted to comply with 42 U.S.C. 15481
by establishing uniform and nondiscriminatory standards to define
what constitutes a vote on a paper ballot.
(b) After receiving ballots under section 6 of this chapter, a voter
shall, without leaving the room, go alone into one (1) of the booths
or compartments that is unoccupied and indicate:
(1) the candidates for whom the voter desires to vote by making
a voting mark on or in the squares immediately before the
candidates' names; and
(2) the voter's preference on each public question by making a
voting mark in front of the word "yes" or "no" under the
question.
(c) Write-in votes shall be cast by:
(1) making a voting mark on or in the square immediately
before the space provided for write-in voting; and
(2) printing the name of the candidate in the space provided for
write-in voting. As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.21;
P.L.4-1991, SEC.102; P.L.209-2003, SEC.152. IC 3-11-11-8 One voter in booth; additional instruction to voter in booth
Sec. 8. (a) Only one (1) voter may occupy a booth or compartment
at one time. Booths shall be constructed and arranged so that all
members of the precinct election board can see whether more than
one (1) voter enters a booth at any one time. However, a voter who
is a parent, grandparent, or other person caring for a minor child may
take the child into the voting booth.
(b) If a voter needs additional instruction after entering the voting
booth, the voter may request assistance from the two (2) judges. The
judges shall then approach but not enter the voting booth and call out
additional instructions to the voter. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.279;
P.L.4-1991, SEC.103.
IC 3-11-11-9 Voting to be private; rights of voter in casting vote
Sec. 9. (a) A voter shall mark all ballots while screened from
observation. The exterior of a voting booth or compartment and each
area of the polls must be in plain view of the precinct election board.
Each voting booth or compartment shall be placed so that a person
voting on the opposite side of the railing or a person on the outside
of the polls cannot see or determine how a voter votes. The inspector,
judges, and poll clerks may not remain or allow any other person to
remain in a position or near a position that would permit them to see
or ascertain how a voter votes.
(b) As provided by 42 U.S.C. 15481, a voter casting a paper ballot
under this section must be:
(1) permitted to verify in a private and independent manner the
votes selected by the voter before the ballot is cast and counted;
(2) provided with the opportunity to change the ballot or correct
any error in a private and independent manner before the ballot
is cast and counted, including the opportunity to receive a
replacement ballot if the voter is otherwise unable to change or
correct the ballot; and
(3) notified before the ballot is cast regarding the effect of
casting multiple votes for the office and provided an
opportunity to correct the ballot before the ballot is cast and
counted. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.280;
P.L.209-2003, SEC.153; P.L.164-2006, SEC.112.
IC 3-11-11-10 Voting straight ticket; mark; count
Sec. 10. If an election is a general or municipal election and a
voter desires to vote for all the candidates of one (1) political party
or group of petitioners, the voter may make a voting mark on or in a
large circle enclosing the device and before the name under which
the candidates of the party or group of petitioners are printed. The
voter's vote shall then be counted for all the candidates under that
party name or for the two (2) candidates comprising an independent
ticket. As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.22;
P.L.3-1987, SEC.281; P.L.3-1993, SEC.159.
IC 3-11-11-10.5 Voting booth occupancy; time limits; refusal to leave
Sec. 10.5. (a) At a primary election, a voter may not remain in the
voting booth longer than three (3) minutes.
(b) At a general, municipal, or special election, a voter may not
remain in the voting booth longer than two (2) minutes.
(c) If a voter refuses to leave the voting booth after the lapse of
the time provided under subsection (a) or (b), the precinct election
board, or the election sheriff or sheriffs upon the order of the board,
shall immediately remove the voter from the booth. As added by P.L.3-1987, SEC.282.
IC 3-11-11-11 Folding of ballot before leaving booth or compartment; no
exposure of face of ballot; exposure of poll clerk's initials
Sec. 11. Before leaving the booth or compartment, a voter shall
fold each of the voter's ballots separately so that:
(1) no part of the face of a ballot is exposed; and
(2) the initials of the poll clerks or assistant poll clerks are
exposed. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.283.
IC 3-11-11-12 Folding of ballot before leaving booth or compartment; improper
folding; voter to be directed to fold ballot properly
Sec. 12. If a voter offers to vote a ballot folded so that it does not
disclose the initials of the poll clerks or assistant poll clerks while
also not disclosing the face of the ballot, the precinct election board
shall direct the voter to return to the booth and fold the ballot
properly. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.284.
IC 3-11-11-13 Return of pencil and delivery of ballot after leaving compartment
Sec. 13. After leaving the booth or compartment, a voter shall
return the pencil to the poll clerk or assistant poll clerk and display
the initials on the ballots to the inspector (or to the judge who is
temporarily authorized to act for the inspector). As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.285;
P.L.1-1994, SEC.6.
IC 3-11-11-14 Deposit of ballots in ballot box
Sec. 14. Upon displaying the initials on the ballots to the inspector
(or the judge who is temporarily authorized to act for the inspector),
the voter shall:
(1) deposit the ballots in the ballot box; or
(2) deliver the ballots to the inspector, who shall deposit the
ballots in the ballot box. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.286.
IC 3-11-11-15 Marking poll list to show voters who have voted
Sec. 15. After a voter's ballots have been deposited in the ballot
box, the poll clerks or assistant poll clerks shall make a voting mark
after the name of the voter on the poll list. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.287.
IC 3-11-11-16 Disclosure of ballot; record
Sec. 16. If a voter shows the voter's ballot or a part of the ballot
to another person after the ballot has been marked so as to disclose
any of the candidates voted for or how the voter voted on a public
question, the ballot may not be deposited in a ballot box. A record of
the occurrence shall be made on the poll list, and the voter may not
vote again at the election. As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.117.
IC 3-11-11-17 Voter to leave polls after voting; requirement of voting or
returning ballot; returning of pencil
Sec. 17. After voting, a voter shall leave the polls. However, a
voter to whom ballots and a pencil have been delivered may not
leave the polls without:
(1) voting the ballots or returning them to the poll clerk; and
(2) returning the pencil to the poll clerk from whom the voter
received it. As added by P.L.5-1986, SEC.7.
IC 3-11-11-18 Spoiling, defacing, or mutilating ballot; receipt of another ballot;
record; disposition of ballot
Sec. 18. A voter who by accident or mistake spoils, defaces, or
mutilates the voter's ballot may, by returning the ballot to the poll
clerks or assistant poll clerks and satisfying them that the spoiling,
defacing, or mutilation was not intentional, receive another ballot.
The poll clerks or assistant poll clerks shall make a record of the fact
on the poll list, and the ballot shall then be marked "VOID" by the
precinct election board in the presence of the voter and returned with
the other election materials as required by IC 3-10-1-31 or
IC 3-10-1-31.1. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.288;
P.L.14-2004, SEC.130. IC 3-11-11-19
Repealed
(Repealed by P.L.10-1988, SEC.238.)
IC 3-11-11-1 Application of chapter
Sec. 1. This chapter applies to each precinct where voting is by
paper ballot. As added by P.L.5-1986, SEC.7.
IC 3-11-11-1.1 Paper ballot use by county election board
Sec. 1.1. A county election board may use paper ballots:
(1) in any election;
(2) in all or in some of the precincts within a political
subdivision holding an election; and
(3) instead of or in combination with any other voting method. As added by P.L.3-1987, SEC.269.
IC 3-11-11-1.2 Education program to inform of effect of casting multiple votes for
single office
Sec. 1.2. As required by 42 U.S.C. 15481, an election board must
establish a voter education program to notify a voter of the effect of
casting multiple votes for a single office on a paper ballot. As added by P.L.209-2003, SEC.150. Amended by P.L.14-2004,
SEC.129; P.L.164-2006, SEC.110.
IC 3-11-11-1.5 Sample ballots
Sec. 1.5. The election division shall provide each county election
board the number of sample ballots for each precinct considered
adequate by the county election board. The sample ballots must be:
(1) exact copies of the official ballots furnished by the election
division; and
(2) printed on different colored paper than the official ballots. As added by P.L.3-1987, SEC.270. Amended by P.L.2-1996,
SEC.186; P.L.3-1997, SEC.311.
IC 3-11-11-1.6 Separate enclosure and delivery of sample ballots
Sec. 1.6. The election division shall enclose the sample ballots in
a separate wrapper or envelope from that of other papers delivered
by the election division to the circuit court clerk and deliver them to
the clerk or the messenger authorized by the clerk to receive the
ballots. As added by P.L.3-1987, SEC.271. Amended by P.L.2-1996,
SEC.187; P.L.3-1997, SEC.312.
IC 3-11-11-1.7 Sample ballots supplied for precincts; posting of copies
Sec. 1.7. (a) Each county election board shall provide an adequate
number of sample ballots for each precinct of the county. The county
election board shall arrange the sample ballots in the form of a
diagram showing:
(1) the political party and independent tickets;
(2) the offices to be filled;
(3) the names of the candidates; and
(4) the public questions;
in the same order in which they will occur on the official ballots
printed under the jurisdiction of the election division and the county
election board. However, if presidential electors are to be voted for
at an election, then the ballot of each party or independent ticket
must be in the form prescribed by IC 3-10-4-1.
(b) This subsection applies to a county having a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000). At least ten (10) days before an
election, each county election board shall duplicate, distribute, and
cause to be posted copies of official sample ballots:
(1) received from the election division; and
(2) prepared by the county election board;
to schools, fire stations, county courthouses, and other public
buildings in the county. As added by P.L.3-1987, SEC.272. Amended by P.L.10-1988,
SEC.116; P.L.7-1991, SEC.5; P.L.12-1992, SEC.9; P.L.3-1993,
SEC.155; P.L.2-1996, SEC.188; P.L.3-1997, SEC.313.
IC 3-11-11-1.8 Time of delivery to polls of ballots and equipment
Sec. 1.8. Each county election board shall have the ballots and all
necessary furniture and appliances that go with the ballots at the
polls delivered to the appropriate precinct not later than 6 p.m. of the
day before election day. The county executive shall provide
transportation for the material if requested to do so by the county
election board. As added by P.L.3-1987, SEC.273.
IC 3-11-11-1.9 Comparison of sample ballots with ones supplied; certification
Sec. 1.9. (a) Before the opening of the polls, the precinct election
board shall compare the ballots with the sample ballots and
determine whether the names, numbers, and letters are in agreement.
The board then shall certify that the ballots and the sample ballots
are in agreement. Forms shall be provided for certification, and the
certification shall be filed with the election returns.
(b) The inspector of each precinct, or a person under the direction
of the inspector, shall post sample ballots near the entrance of the
chute for the precinct. The ballots must be available for public
inspection throughout election day. As added by P.L.3-1987, SEC.274. IC 3-11-11-2 Voting preparations; ballot box
Sec. 2. (a) On the morning of election day, the precinct election
officers shall meet at the polls at least one (1) hour before the time
for opening the polls. The inspector then shall have:
(1) the boundaries of the chute designated;
(2) the sample ballots and instruction cards posted; and
(3) everything put in readiness for the commencement of voting
at the opening of the polls.
(b) At the opening of the polls, the inspector and judges shall see
that there are no ballots in the ballot box before the voting begins.
After the inspection of the box, the inspector shall:
(1) securely lock the box;
(2) give one (1) key to the judge of the opposite political party;
and
(3) retain one (1) key.
(c) Once securely locked, the ballot box may not be opened again
until after the polls have been closed and the precinct election board
is ready to immediately proceed with the counting, except as
otherwise provided for central counting.
(d) The voting booths or compartments must be of a size and
design to permit a voter to mark ballots in secret. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.275;
P.L.221-2005, SEC.75.
IC 3-11-11-3 Opening package of ballots; delivery of ballots and writing
instrument
Sec. 3. At the opening of the polls, after the organization of and
in the presence of the precinct election board, the inspector shall:
(1) open the packages of ballots in a manner that preserves the
seals intact;
(2) deliver twenty-five (25) of each of the state and local ballots
to the poll clerk of the opposite political party; and
(3) deliver to the other poll clerk a pen for marking the ballots. As added by P.L.5-1986, SEC.7. Amended by P.L.5-1989, SEC.59;
P.L.3-1993, SEC.156.
IC 3-11-11-4 Initial of poll clerk on each ballot
Sec. 4. Upon receipt of the ballots and pen under section 3 of this
chapter, the poll clerks or assistant poll clerks immediately shall
place their initials in ink on the back of each ballot. The initials must
be in the clerks' ordinary handwriting or printing and without a
distinguishing mark of any kind. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.276;
P.L.3-1993, SEC.157.
IC 3-11-11-5 Delivery of initialed ballots by type as voters call for them
Sec. 5. Following the resolution of any challenge to a voter, as
each successive voter calls for a ballot, the poll clerks or assistant
poll clerks shall deliver to the voter the first initialed ballot of each
type. The inspector shall then deliver to the clerks another ballot of
each type, which the clerks shall initial as before. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.277.
IC 3-11-11-6 Delivery of ballots and writing instrument to voter; explanations
Sec. 6. (a) After a voter has signed the poll list, one (1) of the poll
clerks or assistant poll clerks shall deliver to the voter one (1) of each
ballot that the voter is entitled to vote at the election and one (1)
pencil or pen. Both judges, on request, shall give an explanation of
the voting method. If necessary, a precinct election officer shall
assist a voter in determining if the proper initials appear on a ballot.
(b) As provided by 42 U.S.C. 15481, when a voter receives a
paper ballot under this section, the board must also provide the voter
with:
(1) information concerning the effect of casting multiple votes
for an office; and
(2) instructions on how to correct the ballot before the ballot is
cast and counted, including the issuance of replacement ballots. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.278;
P.L.5-1989, SEC.60; P.L.3-1993, SEC.158; P.L.209-2003, SEC.151;
P.L.164-2006, SEC.111.
IC 3-11-11-7 Standards to define a vote; voting procedure; marking; write-in
votes
Sec. 7. (a) This section is enacted to comply with 42 U.S.C. 15481
by establishing uniform and nondiscriminatory standards to define
what constitutes a vote on a paper ballot.
(b) After receiving ballots under section 6 of this chapter, a voter
shall, without leaving the room, go alone into one (1) of the booths
or compartments that is unoccupied and indicate:
(1) the candidates for whom the voter desires to vote by making
a voting mark on or in the squares immediately before the
candidates' names; and
(2) the voter's preference on each public question by making a
voting mark in front of the word "yes" or "no" under the
question.
(c) Write-in votes shall be cast by:
(1) making a voting mark on or in the square immediately
before the space provided for write-in voting; and
(2) printing the name of the candidate in the space provided for
write-in voting. As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.21;
P.L.4-1991, SEC.102; P.L.209-2003, SEC.152. IC 3-11-11-8 One voter in booth; additional instruction to voter in booth
Sec. 8. (a) Only one (1) voter may occupy a booth or compartment
at one time. Booths shall be constructed and arranged so that all
members of the precinct election board can see whether more than
one (1) voter enters a booth at any one time. However, a voter who
is a parent, grandparent, or other person caring for a minor child may
take the child into the voting booth.
(b) If a voter needs additional instruction after entering the voting
booth, the voter may request assistance from the two (2) judges. The
judges shall then approach but not enter the voting booth and call out
additional instructions to the voter. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.279;
P.L.4-1991, SEC.103.
IC 3-11-11-9 Voting to be private; rights of voter in casting vote
Sec. 9. (a) A voter shall mark all ballots while screened from
observation. The exterior of a voting booth or compartment and each
area of the polls must be in plain view of the precinct election board.
Each voting booth or compartment shall be placed so that a person
voting on the opposite side of the railing or a person on the outside
of the polls cannot see or determine how a voter votes. The inspector,
judges, and poll clerks may not remain or allow any other person to
remain in a position or near a position that would permit them to see
or ascertain how a voter votes.
(b) As provided by 42 U.S.C. 15481, a voter casting a paper ballot
under this section must be:
(1) permitted to verify in a private and independent manner the
votes selected by the voter before the ballot is cast and counted;
(2) provided with the opportunity to change the ballot or correct
any error in a private and independent manner before the ballot
is cast and counted, including the opportunity to receive a
replacement ballot if the voter is otherwise unable to change or
correct the ballot; and
(3) notified before the ballot is cast regarding the effect of
casting multiple votes for the office and provided an
opportunity to correct the ballot before the ballot is cast and
counted. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.280;
P.L.209-2003, SEC.153; P.L.164-2006, SEC.112.
IC 3-11-11-10 Voting straight ticket; mark; count
Sec. 10. If an election is a general or municipal election and a
voter desires to vote for all the candidates of one (1) political party
or group of petitioners, the voter may make a voting mark on or in a
large circle enclosing the device and before the name under which
the candidates of the party or group of petitioners are printed. The
voter's vote shall then be counted for all the candidates under that
party name or for the two (2) candidates comprising an independent
ticket. As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.22;
P.L.3-1987, SEC.281; P.L.3-1993, SEC.159.
IC 3-11-11-10.5 Voting booth occupancy; time limits; refusal to leave
Sec. 10.5. (a) At a primary election, a voter may not remain in the
voting booth longer than three (3) minutes.
(b) At a general, municipal, or special election, a voter may not
remain in the voting booth longer than two (2) minutes.
(c) If a voter refuses to leave the voting booth after the lapse of
the time provided under subsection (a) or (b), the precinct election
board, or the election sheriff or sheriffs upon the order of the board,
shall immediately remove the voter from the booth. As added by P.L.3-1987, SEC.282.
IC 3-11-11-11 Folding of ballot before leaving booth or compartment; no
exposure of face of ballot; exposure of poll clerk's initials
Sec. 11. Before leaving the booth or compartment, a voter shall
fold each of the voter's ballots separately so that:
(1) no part of the face of a ballot is exposed; and
(2) the initials of the poll clerks or assistant poll clerks are
exposed. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.283.
IC 3-11-11-12 Folding of ballot before leaving booth or compartment; improper
folding; voter to be directed to fold ballot properly
Sec. 12. If a voter offers to vote a ballot folded so that it does not
disclose the initials of the poll clerks or assistant poll clerks while
also not disclosing the face of the ballot, the precinct election board
shall direct the voter to return to the booth and fold the ballot
properly. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.284.
IC 3-11-11-13 Return of pencil and delivery of ballot after leaving compartment
Sec. 13. After leaving the booth or compartment, a voter shall
return the pencil to the poll clerk or assistant poll clerk and display
the initials on the ballots to the inspector (or to the judge who is
temporarily authorized to act for the inspector). As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.285;
P.L.1-1994, SEC.6.
IC 3-11-11-14 Deposit of ballots in ballot box
Sec. 14. Upon displaying the initials on the ballots to the inspector
(or the judge who is temporarily authorized to act for the inspector),
the voter shall:
(1) deposit the ballots in the ballot box; or
(2) deliver the ballots to the inspector, who shall deposit the
ballots in the ballot box. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.286.
IC 3-11-11-15 Marking poll list to show voters who have voted
Sec. 15. After a voter's ballots have been deposited in the ballot
box, the poll clerks or assistant poll clerks shall make a voting mark
after the name of the voter on the poll list. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.287.
IC 3-11-11-16 Disclosure of ballot; record
Sec. 16. If a voter shows the voter's ballot or a part of the ballot
to another person after the ballot has been marked so as to disclose
any of the candidates voted for or how the voter voted on a public
question, the ballot may not be deposited in a ballot box. A record of
the occurrence shall be made on the poll list, and the voter may not
vote again at the election. As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.117.
IC 3-11-11-17 Voter to leave polls after voting; requirement of voting or
returning ballot; returning of pencil
Sec. 17. After voting, a voter shall leave the polls. However, a
voter to whom ballots and a pencil have been delivered may not
leave the polls without:
(1) voting the ballots or returning them to the poll clerk; and
(2) returning the pencil to the poll clerk from whom the voter
received it. As added by P.L.5-1986, SEC.7.
IC 3-11-11-18 Spoiling, defacing, or mutilating ballot; receipt of another ballot;
record; disposition of ballot
Sec. 18. A voter who by accident or mistake spoils, defaces, or
mutilates the voter's ballot may, by returning the ballot to the poll
clerks or assistant poll clerks and satisfying them that the spoiling,
defacing, or mutilation was not intentional, receive another ballot.
The poll clerks or assistant poll clerks shall make a record of the fact
on the poll list, and the ballot shall then be marked "VOID" by the
precinct election board in the presence of the voter and returned with
the other election materials as required by IC 3-10-1-31 or
IC 3-10-1-31.1. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.288;
P.L.14-2004, SEC.130. IC 3-11-11-19
Repealed
(Repealed by P.L.10-1988, SEC.238.)
IC 3-11-11-1 Application of chapter
Sec. 1. This chapter applies to each precinct where voting is by
paper ballot. As added by P.L.5-1986, SEC.7.
IC 3-11-11-1.1 Paper ballot use by county election board
Sec. 1.1. A county election board may use paper ballots:
(1) in any election;
(2) in all or in some of the precincts within a political
subdivision holding an election; and
(3) instead of or in combination with any other voting method. As added by P.L.3-1987, SEC.269.
IC 3-11-11-1.2 Education program to inform of effect of casting multiple votes for
single office
Sec. 1.2. As required by 42 U.S.C. 15481, an election board must
establish a voter education program to notify a voter of the effect of
casting multiple votes for a single office on a paper ballot. As added by P.L.209-2003, SEC.150. Amended by P.L.14-2004,
SEC.129; P.L.164-2006, SEC.110.
IC 3-11-11-1.5 Sample ballots
Sec. 1.5. The election division shall provide each county election
board the number of sample ballots for each precinct considered
adequate by the county election board. The sample ballots must be:
(1) exact copies of the official ballots furnished by the election
division; and
(2) printed on different colored paper than the official ballots. As added by P.L.3-1987, SEC.270. Amended by P.L.2-1996,
SEC.186; P.L.3-1997, SEC.311.
IC 3-11-11-1.6 Separate enclosure and delivery of sample ballots
Sec. 1.6. The election division shall enclose the sample ballots in
a separate wrapper or envelope from that of other papers delivered
by the election division to the circuit court clerk and deliver them to
the clerk or the messenger authorized by the clerk to receive the
ballots. As added by P.L.3-1987, SEC.271. Amended by P.L.2-1996,
SEC.187; P.L.3-1997, SEC.312.
IC 3-11-11-1.7 Sample ballots supplied for precincts; posting of copies
Sec. 1.7. (a) Each county election board shall provide an adequate
number of sample ballots for each precinct of the county. The county
election board shall arrange the sample ballots in the form of a
diagram showing:
(1) the political party and independent tickets;
(2) the offices to be filled;
(3) the names of the candidates; and
(4) the public questions;
in the same order in which they will occur on the official ballots
printed under the jurisdiction of the election division and the county
election board. However, if presidential electors are to be voted for
at an election, then the ballot of each party or independent ticket
must be in the form prescribed by IC 3-10-4-1.
(b) This subsection applies to a county having a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000). At least ten (10) days before an
election, each county election board shall duplicate, distribute, and
cause to be posted copies of official sample ballots:
(1) received from the election division; and
(2) prepared by the county election board;
to schools, fire stations, county courthouses, and other public
buildings in the county. As added by P.L.3-1987, SEC.272. Amended by P.L.10-1988,
SEC.116; P.L.7-1991, SEC.5; P.L.12-1992, SEC.9; P.L.3-1993,
SEC.155; P.L.2-1996, SEC.188; P.L.3-1997, SEC.313.
IC 3-11-11-1.8 Time of delivery to polls of ballots and equipment
Sec. 1.8. Each county election board shall have the ballots and all
necessary furniture and appliances that go with the ballots at the
polls delivered to the appropriate precinct not later than 6 p.m. of the
day before election day. The county executive shall provide
transportation for the material if requested to do so by the county
election board. As added by P.L.3-1987, SEC.273.
IC 3-11-11-1.9 Comparison of sample ballots with ones supplied; certification
Sec. 1.9. (a) Before the opening of the polls, the precinct election
board shall compare the ballots with the sample ballots and
determine whether the names, numbers, and letters are in agreement.
The board then shall certify that the ballots and the sample ballots
are in agreement. Forms shall be provided for certification, and the
certification shall be filed with the election returns.
(b) The inspector of each precinct, or a person under the direction
of the inspector, shall post sample ballots near the entrance of the
chute for the precinct. The ballots must be available for public
inspection throughout election day. As added by P.L.3-1987, SEC.274. IC 3-11-11-2 Voting preparations; ballot box
Sec. 2. (a) On the morning of election day, the precinct election
officers shall meet at the polls at least one (1) hour before the time
for opening the polls. The inspector then shall have:
(1) the boundaries of the chute designated;
(2) the sample ballots and instruction cards posted; and
(3) everything put in readiness for the commencement of voting
at the opening of the polls.
(b) At the opening of the polls, the inspector and judges shall see
that there are no ballots in the ballot box before the voting begins.
After the inspection of the box, the inspector shall:
(1) securely lock the box;
(2) give one (1) key to the judge of the opposite political party;
and
(3) retain one (1) key.
(c) Once securely locked, the ballot box may not be opened again
until after the polls have been closed and the precinct election board
is ready to immediately proceed with the counting, except as
otherwise provided for central counting.
(d) The voting booths or compartments must be of a size and
design to permit a voter to mark ballots in secret. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.275;
P.L.221-2005, SEC.75.
IC 3-11-11-3 Opening package of ballots; delivery of ballots and writing
instrument
Sec. 3. At the opening of the polls, after the organization of and
in the presence of the precinct election board, the inspector shall:
(1) open the packages of ballots in a manner that preserves the
seals intact;
(2) deliver twenty-five (25) of each of the state and local ballots
to the poll clerk of the opposite political party; and
(3) deliver to the other poll clerk a pen for marking the ballots. As added by P.L.5-1986, SEC.7. Amended by P.L.5-1989, SEC.59;
P.L.3-1993, SEC.156.
IC 3-11-11-4 Initial of poll clerk on each ballot
Sec. 4. Upon receipt of the ballots and pen under section 3 of this
chapter, the poll clerks or assistant poll clerks immediately shall
place their initials in ink on the back of each ballot. The initials must
be in the clerks' ordinary handwriting or printing and without a
distinguishing mark of any kind. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.276;
P.L.3-1993, SEC.157.
IC 3-11-11-5 Delivery of initialed ballots by type as voters call for them
Sec. 5. Following the resolution of any challenge to a voter, as
each successive voter calls for a ballot, the poll clerks or assistant
poll clerks shall deliver to the voter the first initialed ballot of each
type. The inspector shall then deliver to the clerks another ballot of
each type, which the clerks shall initial as before. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.277.
IC 3-11-11-6 Delivery of ballots and writing instrument to voter; explanations
Sec. 6. (a) After a voter has signed the poll list, one (1) of the poll
clerks or assistant poll clerks shall deliver to the voter one (1) of each
ballot that the voter is entitled to vote at the election and one (1)
pencil or pen. Both judges, on request, shall give an explanation of
the voting method. If necessary, a precinct election officer shall
assist a voter in determining if the proper initials appear on a ballot.
(b) As provided by 42 U.S.C. 15481, when a voter receives a
paper ballot under this section, the board must also provide the voter
with:
(1) information concerning the effect of casting multiple votes
for an office; and
(2) instructions on how to correct the ballot before the ballot is
cast and counted, including the issuance of replacement ballots. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.278;
P.L.5-1989, SEC.60; P.L.3-1993, SEC.158; P.L.209-2003, SEC.151;
P.L.164-2006, SEC.111.
IC 3-11-11-7 Standards to define a vote; voting procedure; marking; write-in
votes
Sec. 7. (a) This section is enacted to comply with 42 U.S.C. 15481
by establishing uniform and nondiscriminatory standards to define
what constitutes a vote on a paper ballot.
(b) After receiving ballots under section 6 of this chapter, a voter
shall, without leaving the room, go alone into one (1) of the booths
or compartments that is unoccupied and indicate:
(1) the candidates for whom the voter desires to vote by making
a voting mark on or in the squares immediately before the
candidates' names; and
(2) the voter's preference on each public question by making a
voting mark in front of the word "yes" or "no" under the
question.
(c) Write-in votes shall be cast by:
(1) making a voting mark on or in the square immediately
before the space provided for write-in voting; and
(2) printing the name of the candidate in the space provided for
write-in voting. As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.21;
P.L.4-1991, SEC.102; P.L.209-2003, SEC.152. IC 3-11-11-8 One voter in booth; additional instruction to voter in booth
Sec. 8. (a) Only one (1) voter may occupy a booth or compartment
at one time. Booths shall be constructed and arranged so that all
members of the precinct election board can see whether more than
one (1) voter enters a booth at any one time. However, a voter who
is a parent, grandparent, or other person caring for a minor child may
take the child into the voting booth.
(b) If a voter needs additional instruction after entering the voting
booth, the voter may request assistance from the two (2) judges. The
judges shall then approach but not enter the voting booth and call out
additional instructions to the voter. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.279;
P.L.4-1991, SEC.103.
IC 3-11-11-9 Voting to be private; rights of voter in casting vote
Sec. 9. (a) A voter shall mark all ballots while screened from
observation. The exterior of a voting booth or compartment and each
area of the polls must be in plain view of the precinct election board.
Each voting booth or compartment shall be placed so that a person
voting on the opposite side of the railing or a person on the outside
of the polls cannot see or determine how a voter votes. The inspector,
judges, and poll clerks may not remain or allow any other person to
remain in a position or near a position that would permit them to see
or ascertain how a voter votes.
(b) As provided by 42 U.S.C. 15481, a voter casting a paper ballot
under this section must be:
(1) permitted to verify in a private and independent manner the
votes selected by the voter before the ballot is cast and counted;
(2) provided with the opportunity to change the ballot or correct
any error in a private and independent manner before the ballot
is cast and counted, including the opportunity to receive a
replacement ballot if the voter is otherwise unable to change or
correct the ballot; and
(3) notified before the ballot is cast regarding the effect of
casting multiple votes for the office and provided an
opportunity to correct the ballot before the ballot is cast and
counted. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.280;
P.L.209-2003, SEC.153; P.L.164-2006, SEC.112.
IC 3-11-11-10 Voting straight ticket; mark; count
Sec. 10. If an election is a general or municipal election and a
voter desires to vote for all the candidates of one (1) political party
or group of petitioners, the voter may make a voting mark on or in a
large circle enclosing the device and before the name under which
the candidates of the party or group of petitioners are printed. The
voter's vote shall then be counted for all the candidates under that
party name or for the two (2) candidates comprising an independent
ticket. As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.22;
P.L.3-1987, SEC.281; P.L.3-1993, SEC.159.
IC 3-11-11-10.5 Voting booth occupancy; time limits; refusal to leave
Sec. 10.5. (a) At a primary election, a voter may not remain in the
voting booth longer than three (3) minutes.
(b) At a general, municipal, or special election, a voter may not
remain in the voting booth longer than two (2) minutes.
(c) If a voter refuses to leave the voting booth after the lapse of
the time provided under subsection (a) or (b), the precinct election
board, or the election sheriff or sheriffs upon the order of the board,
shall immediately remove the voter from the booth. As added by P.L.3-1987, SEC.282.
IC 3-11-11-11 Folding of ballot before leaving booth or compartment; no
exposure of face of ballot; exposure of poll clerk's initials
Sec. 11. Before leaving the booth or compartment, a voter shall
fold each of the voter's ballots separately so that:
(1) no part of the face of a ballot is exposed; and
(2) the initials of the poll clerks or assistant poll clerks are
exposed. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.283.
IC 3-11-11-12 Folding of ballot before leaving booth or compartment; improper
folding; voter to be directed to fold ballot properly
Sec. 12. If a voter offers to vote a ballot folded so that it does not
disclose the initials of the poll clerks or assistant poll clerks while
also not disclosing the face of the ballot, the precinct election board
shall direct the voter to return to the booth and fold the ballot
properly. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.284.
IC 3-11-11-13 Return of pencil and delivery of ballot after leaving compartment
Sec. 13. After leaving the booth or compartment, a voter shall
return the pencil to the poll clerk or assistant poll clerk and display
the initials on the ballots to the inspector (or to the judge who is
temporarily authorized to act for the inspector). As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.285;
P.L.1-1994, SEC.6.
IC 3-11-11-14 Deposit of ballots in ballot box
Sec. 14. Upon displaying the initials on the ballots to the inspector
(or the judge who is temporarily authorized to act for the inspector),
the voter shall:
(1) deposit the ballots in the ballot box; or
(2) deliver the ballots to the inspector, who shall deposit the
ballots in the ballot box. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.286.
IC 3-11-11-15 Marking poll list to show voters who have voted
Sec. 15. After a voter's ballots have been deposited in the ballot
box, the poll clerks or assistant poll clerks shall make a voting mark
after the name of the voter on the poll list. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.287.
IC 3-11-11-16 Disclosure of ballot; record
Sec. 16. If a voter shows the voter's ballot or a part of the ballot
to another person after the ballot has been marked so as to disclose
any of the candidates voted for or how the voter voted on a public
question, the ballot may not be deposited in a ballot box. A record of
the occurrence shall be made on the poll list, and the voter may not
vote again at the election. As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.117.
IC 3-11-11-17 Voter to leave polls after voting; requirement of voting or
returning ballot; returning of pencil
Sec. 17. After voting, a voter shall leave the polls. However, a
voter to whom ballots and a pencil have been delivered may not
leave the polls without:
(1) voting the ballots or returning them to the poll clerk; and
(2) returning the pencil to the poll clerk from whom the voter
received it. As added by P.L.5-1986, SEC.7.
IC 3-11-11-18 Spoiling, defacing, or mutilating ballot; receipt of another ballot;
record; disposition of ballot
Sec. 18. A voter who by accident or mistake spoils, defaces, or
mutilates the voter's ballot may, by returning the ballot to the poll
clerks or assistant poll clerks and satisfying them that the spoiling,
defacing, or mutilation was not intentional, receive another ballot.
The poll clerks or assistant poll clerks shall make a record of the fact
on the poll list, and the ballot shall then be marked "VOID" by the
precinct election board in the presence of the voter and returned with
the other election materials as required by IC 3-10-1-31 or
IC 3-10-1-31.1. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.288;
P.L.14-2004, SEC.130. IC 3-11-11-19
Repealed
(Repealed by P.L.10-1988, SEC.238.)
