IC 3-11-3
Chapter 3. Distribution of Ballots and Other Supplies
IC 3-11-3-1 Application of chapter
Sec. 1. This chapter applies to each precinct. As added by P.L.5-1986, SEC.7.
IC 3-11-3-2
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-11-3-3 Paper ballots for precincts where voting systems not sufficient to
register all votes
Sec. 3. If, in the judgment of a county election board, the number
of voters in a precinct of the county where a voting system is used for
voting is so large that the voting system in use will not be sufficient
to register the vote of all the voters in the precinct, the board may use
paper ballots in addition to the voting system. The voting by paper
ballot is subject to all the restrictions prescribed by this article. As added by P.L.5-1986, SEC.7. Amended by P.L.2-1996, SEC.135;
P.L.3-1997, SEC.266; P.L.221-2005, SEC.42.
IC 3-11-3-4 Seal for ballots; design; restriction on use
Sec. 4. The election division shall provide a seal for the ballots.
The seal may be of a design considered proper by the election
division, but the same design may not be used for two (2)
consecutive elections. As added by P.L.5-1986, SEC.7. Amended by P.L.2-1996, SEC.136;
P.L.3-1997, SEC.267.
IC 3-11-3-5
Repealed
(Repealed by P.L.5-1989, SEC.120.)
IC 3-11-3-6
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-11-3-7
Repealed
(Repealed by P.L.38-1999, SEC.73.)
IC 3-11-3-8
Repealed
(Repealed by P.L.3-1997, SEC.475.)
IC 3-11-3-9
Repealed
(Repealed by P.L.38-1999, SEC.73.)
IC 3-11-3-10 Receipt of ballots and other supplies by inspector or member of
precinct election board
Sec. 10. The inspector of each precinct, or another member of the
precinct election board authorized in writing by the inspector, shall
appear at the office of the county election board of the inspector's
county on the second or third day before election day to receive
ballots and other supplies. As added by P.L.5-1986, SEC.7.
IC 3-11-3-11 Delivery of ballots and ballot supplies
Sec. 11. The county election board shall deliver the following to
each inspector or the inspector's representative:
(1) The supplies provided for the inspector's precinct by the
election division.
(2) The local sample ballots, the ballot labels, if any, and all
poll lists, registration lists, and other supplies considered
necessary to conduct the election in the inspector's precinct.
(3) The local ballots printed under the direction of the county
election board as follows:
(A) In those precincts where ballot card voting systems are
to be used, the number of ballots at least equal to one
hundred percent (100%) of the number of voters in the
inspector's precinct, according to the poll list.
(B) In those precincts where electronic voting systems are to
be used, the number of ballots that will be required to be
printed and furnished to the precincts for emergency
purposes only.
(C) Provisional ballots in the number considered necessary
by the county election board.
(4) Twenty (20) ink pens suitable for printing the names of
write-in candidates on the ballot or ballot envelope.
(5) Copies of the voter's bill of rights for posting as required by
42 U.S.C. 15482.
(6) Copies of the instructions for a provisional voter required by
42 U.S.C. 15482. The county election board shall provide at
least the number of copies of the instructions as the number of
provisional ballots provided under subdivision (3). As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.214;
P.L.4-1991, SEC.63; P.L.2-1996, SEC.139; P.L.3-1997, SEC.270;
P.L.126-2002, SEC.41; P.L.209-2003, SEC.105; P.L.230-2005,
SEC.51.
IC 3-11-3-12 Packaging of ballots; attestation by circuit court clerk; inspector's
receipt; packages not to be opened
Sec. 12. (a) The ballots delivered to the inspector of each precinct
under section 11 of this chapter shall be placed in a strong and stout
paper envelope or bag, which shall then be tightly closed, fastened
securely, and attested by the initials of the circuit court clerk or the
clerk's designee in the presence of the inspector or the inspector's
representative. The inspector shall sign a receipt for the ballots. The
ballot packages may not be opened until:
(1) they have been delivered to the precinct election board to
which they are directed; and
(2) the precinct election board is fully organized and ready for
the reception of votes.
(b) The provisional ballots delivered to the inspector of each
precinct under section 11 of this chapter shall be placed in a strong
and stout paper envelope or bag, separate from the bag described in
subsection (a), which shall then be tightly closed, fastened securely,
and attested by the initials of the circuit court clerk or the clerk's
designee in the presence of the inspector or the inspector's
representative. The inspector shall sign a receipt for the provisional
ballots. The provisional ballot packages may not be opened until:
(1) they have been delivered to the precinct election board to
which they are directed; and
(2) the precinct election board is fully organized and ready to
receive votes. As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.42;
P.L.221-2005, SEC.43.
IC 3-11-3-13 Dispatch of special messenger to pick up ballots on failure of
inspector; report to county election board
Sec. 13. If an inspector (or the inspector's representative) fails to
appear at the office of the circuit court clerk by the close of the
second day before election day, the county election board shall
immediately dispatch a special messenger to the inspector's precinct
with the ballots for the precinct. After delivering the ballots, the
messenger shall promptly report to the county election board and file
with it:
(1) the receipt of the person to whom the messenger delivered
the ballots; and
(2) the messenger's affidavit stating when and to whom the
messenger delivered the ballots. As added by P.L.5-1986, SEC.7.
IC 3-11-3-14 Messenger's compensation and mileage allowance
Sec. 14. If a county election board dispatches a messenger under
section 13 of this chapter, the messenger is entitled to receive:
(1) two dollars ($2) for time; and
(2) a mileage allowance at a rate determined by the county
fiscal body for the distance necessarily traveled. As added by P.L.5-1986, SEC.7. Amended by P.L.10-1997, SEC.3. IC 3-11-3-15 Failure of inspector to appear at circuit court clerk's office under
IC 3-11-3-10
Sec. 15. If an inspector fails to appear at the office of the circuit
court clerk under section 10 of this chapter, the inspector is not
entitled to compensation for services at the election. As added by P.L.5-1986, SEC.7.
IC 3-11-3-16 Poll lists; voter registration lists; preparation; delivery to
inspectors
Sec. 16. Each county election board shall prepare and have
delivered to the inspectors of the precincts, at the time they receive
the ballots for their precincts, a suitable number of voter registration
lists certified under IC 3-7-29 and any other forms, papers,
certificates, and oaths that are required to be furnished to precinct
election boards. The forms and papers must be prepared in
compliance with IC 3-5-4-8. The county voter registration office
shall cooperate with the county election board in the preparation of
the lists certified under IC 3-7-29. As added by P.L.5-1986, SEC.7. Amended by P.L.209-2003,
SEC.106; P.L.164-2006, SEC.90.
IC 3-11-3-17
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-3-18
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-3-19
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-3-20 Voters' poll list cover
Sec. 20. On the front cover of the bound looseleaf poll list sheets
or the book form poll lists the following should be printed:
(1) The heading: "VOTERS' POLL LIST COVER".
(2) A notice to the inspector that after the polls are closed the
poll list that has been used in the precinct on election day
should be assembled and enclosed in a separate envelope
provided for that purpose and delivered to the clerk of the
circuit court of the county in which the election is held with the
other election returns as provided in this title.
(3) The signatures of the inspector, judges, and clerks of the
election board, certifying the following:
(A) That the signatures shown in the list is the record of the
voters' poll list.
(B) The type of election.
(C) The date of the election. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.97;
P.L.4-1996, SEC.64.
IC 3-11-3-21
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-3-22 Instruction cards; write-in voting notice cards; printing and
delivery
Sec. 22. (a) Each county election board shall have printed in at
least 14 point type on cards in English, braille, and any other
language that the board considers necessary, the following:
(1) Instructions for the guidance of voters in preparing their
ballots.
(2) Instructions explaining the procedure for write-in voting.
(3) Write-in voting notice cards that must be posted in each
precinct that utilizes a voting system that does not permit a
voter to alter the voter's ballot after making a voting mark for a
write-in candidate so that the voter may vote for a candidate for
that office whose name appears on the ballot.
(b) The write-in notice cards described in subsection (a)(3) must
inform all voters that a voter:
(1) who wants to cast write-in votes may cast the voter's ballot
on the voting system required to be available to all voters in the
precinct under IC 3-11-15-13.3(e); and
(2) may choose to cast the voter's ballot on the voting system
described in subdivision (1) without being required to indicate
to any individual that the voter wishes to cast a ballot on the
voting system because the voter intends to cast a ballot for a
write-in candidate.
(c) The board shall furnish the number of cards it determines to
be adequate for each precinct to the inspector at the same time the
board delivers the ballots for the precinct and shall furnish a
magnifier upon request to a voter who requests a magnifier to read
the cards. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.216;
P.L.4-1991, SEC.64; P.L.3-1993, SEC.120; P.L.221-2005, SEC.44;
P.L.164-2006, SEC.91.
IC 3-11-3-23 Instruction cards; contents
Sec. 23. (a) The cards required by section 22 of this chapter must
contain instructions to the voters as to what must be done to:
(1) obtain ballots for voting;
(2) prepare ballots for voting; and
(3) obtain a new ballot in place of one accidentally defaced,
mutilated, or spoiled.
(b) The cards must contain, in underlined type, the following:
(1) That it is a crime to violate Indiana election laws.
(2) That the voter should examine the ballot to determine if it
contains the initials of the poll clerks in ink on the back of the
ballot.
(3) That the voter should examine the ballot to determine if the
ballot has any mark (other than the initials of the poll clerks)
before voting.
(4) That the voter should not make any mark on the ballot
except a voting mark in the manner provided by IC 3-12-1
because a mark other than a voting mark may void the ballot.
(5) That the voter should return the ballot to the poll clerks and
request another ballot if:
(A) the poll clerks' initials have not been properly placed on
the ballot;
(B) the ballot has a mark (other than the initials of the poll
clerks) before the voter places a voting mark on the ballot;
or
(C) the voter has improperly marked the ballot.
(c) The cards must also set out copies of IC 3-14-2-16,
IC 3-14-2-17, IC 3-14-3-10, IC 3-14-3-13, IC 3-14-3-15,
IC 3-14-3-16, and IC 3-14-4-9. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.217.
IC 3-11-3-24 Instruction cards; posting
Sec. 24. The inspector of each precinct shall have the cards
required by section 22 of this chapter posted as follows:
(1) One (1) of each card in each place or compartment provided
for the preparation of ballots.
(2) One (1) of each card at or close to the outer end of the chute.
(3) At least three (3) of each card in and about the polls. As added by P.L.5-1986, SEC.7. Amended by P.L.69-2003, SEC.3.
IC 3-11-3-25 Sample ballots; posting
Sec. 25. As required by 42 U.S.C. 15482, the inspector of each
precinct shall post the samples of each of the state and local ballots
provided by the county election board under this article in and about
the polls. The sample ballots shall be printed on different paper than
the genuine ballots. As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.102;
P.L.209-2003, SEC.111.
IC 3-11-3-26 Loss or destruction of ballots delivered to county election board;
report; affidavit of circumstances; resupply
Sec. 26. If by accident or casualty the ballots delivered to a county
election board, circuit court clerk, inspector, or other messenger are
lost or destroyed, the person in custody of the ballots shall report the
loss at once to the election board from which the ballots were
obtained. The person in custody of the ballots shall make an affidavit
of the circumstances of the loss, and the election board from which
the ballots were obtained immediately shall resupply the person. As added by P.L.5-1986, SEC.7.
IC 3-11-3-27 Failure or refusal to report and make proof of loss of ballots
Sec. 27. If the person in custody of the ballots fails or refuses to
report and make proof of the loss as required by section 26 of this
chapter, then any voter may do so. Upon such a report the election
board from which the ballots were obtained immediately shall send
a new supply of ballots by special messenger, as provided in other
cases. As added by P.L.5-1986, SEC.7.
IC 3-11-3-28 Securing ballots or other means of voting when none available
Sec. 28. If for any reason there are no ballots or other necessary
means for voting at the opening of the polls, the precinct election
board shall secure them as quickly as possible. If necessary, the
board may have ballots printed. However, the ballots must conform
as nearly as possible to the official ballots. The printing and the care
of the ballots are governed by the same provisions and penalties as
the printing and care of the other ballots prescribed by this article. As added by P.L.5-1986, SEC.7.
IC 3-11-3-29 Pasters; candidates appointed after printing of ballots and before
election; name change
Sec. 29. (a) If a new candidate is appointed or selected under
IC 3-13-1 or IC 3-13-2 after the printing of ballots and before the
election, the election division or the election board may print ballots
containing the name of the new candidate.
(b) If the election division or the election board determines that
printing ballots under subsection (a) would be uneconomical or
impractical, the chairman or committee that made the appointment
or selection shall provide to the division or the election board the
number of pasters the division or the board determines to be
necessary for all ballots to reflect the appointment or selection.
Pasters may not be given to or received by any person except the
co-directors of the election division (or the election board and the
board's chairman).
(c) If a candidate entitled to be placed on the ballot changes the
candidate's legal name after the printing of ballots and before the
election, the candidate who has changed the candidate's legal name
shall provide to the election division or the election board the
number of pasters the division or the board determines to be
necessary for all ballots to reflect the change of name. If a candidate
declines to do so under this subsection, the division or the board is
not required to reprint ballots to reflect the change of legal name. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.218;
P.L.5-1989, SEC.49; P.L.4-1996, SEC.65; P.L.3-1997, SEC.271;
P.L.202-1999, SEC.19.
IC 3-11-3-29.5 Pasters; deceased candidates; vacancies
Sec. 29.5. (a) The election division or an election board shall act
under subsection (c) to print new ballots or have pasters made to
cover the name of a candidate who has died or is no longer a
candidate under IC 3-13-2-1 if:
(1) the candidate's party does not fill the vacancy under
IC 3-13-1 or IC 3-13-2 not later than noon, five (5) days before
the election; and
(2) when a candidate has died, the election division or election
board:
(A) receives a certificate of death issued under IC 16-37-3
not later than noon the seventh day before the election; or
(B) by unanimous vote of the entire membership that there
is good cause to believe that the candidate has died.
(b) The election division or election board shall provide the
number of opaque pasters the election division or election board
determines to be necessary for all ballots to reflect a vacancy to the
following:
(1) The absentee voter board.
(2) The inspector of each precinct in which the candidate is on
the ballot.
(3) The circuit court clerk.
(c) If the election division or election board determines that the
use of pasters under this section would be impractical or
uneconomical, the election division or board may order the printing
of new ballots that omit the name of a candidate described in
subsection (a). A ballot printed under this subsection must contain
the statement "NO CANDIDATE" or "CANDIDATE DECEASED"
or words to that effect at the appropriate position on the ballot.
(d) If a candidate vacancy under IC 3-13-1 or IC 3-13-2 is filled
after noon five (5) days before the election, the election division or
election board is not required to reprint ballots or have pasters with
the name of the successor candidate placed over the name of an
individual who is no longer a candidate but may do so upon the vote
of the commission or election board. As added by P.L.4-1991, SEC.65. Amended by P.L.2-1993, SEC.31;
P.L.3-1993, SEC.121; P.L.4-1996, SEC.66; P.L.3-1997, SEC.272;
P.L.38-1999, SEC.36.
IC 3-11-3-30 Pasters; placement on ballots
Sec. 30. The circuit court clerk, if time permits before the ballots
are delivered to the precincts, the poll clerks, or members of the
absentee voter board, shall put one (1) of the pasters required by
sections 29 and 29.5 of this chapter in the proper place on each ballot
label bearing the name of the former candidate and on each paper
ballot, provisional ballot, or ballot card to be voted in the precinct
before they sign their initials on the ballot. The circuit court clerk
shall put one (1) of the pasters on each ballot to be voted by an
absentee voter before the clerk signs the ballot. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.219;
P.L.4-1991, SEC.66; P.L.3-1993, SEC.122; P.L.126-2002, SEC.43.
IC 3-11-3-31 Leftover ballots; preservation; destruction
Sec. 31. (a) Each county election board shall preserve the unused
ballots that are left over after supplying the precincts, as prescribed
by section 11 of this chapter. The ballots shall be preserved until
expiration of the time for filing a contest or recount petition under
IC 3-12.
(b) The board shall then destroy all of the ballots, except for one
(1) regular ballot and one (1) provisional ballot. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.220;
P.L.3-1993, SEC.123; P.L.126-2002, SEC.44.
IC 3-11-3-32 Preservation of ballot in election record; entry of information
Sec. 32. (a) The county election board shall securely paste the one
(1) regular ballot that was preserved under section 31 of this chapter
in the election record immediately before the provisional ballot
placed under subsection (b). The board shall also enter below the
ballot the number of ballots:
(1) printed by the board;
(2) delivered to each messenger; and
(3) destroyed by the board.
(b) The county election board shall securely paste the one (1)
provisional ballot that was preserved under section 31 of this chapter
in the election record immediately after the regular ballot placed in
the record under subsection (a) and immediately before the place
where the vote is to be recorded. The board shall also enter below the
provisional ballot the number of provisional ballots:
(1) printed by the board;
(2) delivered to each messenger; and
(3) destroyed by the board. As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.45.
IC 3-11-3-33 Provision of ballot box
Sec. 33. Whenever a general election is held, the county election
board shall provide a ballot box for each precinct. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.221.
IC 3-11-3-34 Ballot boxes; specifications
Sec. 34. Each ballot box provided under section 33 of this chapter
must:
(1) have an opening in the lid sufficient only for a single ballot;
(2) have at least two (2) locks of different kinds and
combinations, so that one (1) key will not unlock the other; and
(3) be constructed to prevent fraud. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.222.
IC 3-11-3-35 Counties with population of more than 400,000 but less than
700,000; voting system malfunction; paper ballots and necessary
supplies
Sec. 35. (a) This section applies to a county having a population
of more than four hundred thousand (400,000), but less than seven
hundred thousand (700,000).
(b) In each precinct where voting is by electronic voting system,
the county election board shall provide the following to be used if an
electronic voting system malfunctions:
(1) The following number of paper ballots:
(A) Not less than ten (10) if the number of registered voters
in the precinct is not more than three hundred (300).
(B) Not less than twenty-five (25) if the number of registered
voters in the precinct is more than three hundred (300).
(2) The necessary supplies and equipment as required by
IC 3-11-11.
(c) Upon notice that an electronic voting system is out of order or
fails to work, the precinct election board shall make the paper ballots
provided under subsection (b) available to voters. The precinct
election board shall contact the county election board to obtain
additional ballots.
(d) Upon notice that an electronic voting system is out of order or
fails to work, the county election board shall deliver additional
necessary supplies to any precinct in the county, including additional
paper ballots. As added by P.L.10-1992, SEC.22. Amended by P.L.20-1993, SEC.1;
P.L.221-2005, SEC.45.
IC 3-11-3
Chapter 3. Distribution of Ballots and Other Supplies
IC 3-11-3-1 Application of chapter
Sec. 1. This chapter applies to each precinct. As added by P.L.5-1986, SEC.7.
IC 3-11-3-2
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-11-3-3 Paper ballots for precincts where voting systems not sufficient to
register all votes
Sec. 3. If, in the judgment of a county election board, the number
of voters in a precinct of the county where a voting system is used for
voting is so large that the voting system in use will not be sufficient
to register the vote of all the voters in the precinct, the board may use
paper ballots in addition to the voting system. The voting by paper
ballot is subject to all the restrictions prescribed by this article. As added by P.L.5-1986, SEC.7. Amended by P.L.2-1996, SEC.135;
P.L.3-1997, SEC.266; P.L.221-2005, SEC.42.
IC 3-11-3-4 Seal for ballots; design; restriction on use
Sec. 4. The election division shall provide a seal for the ballots.
The seal may be of a design considered proper by the election
division, but the same design may not be used for two (2)
consecutive elections. As added by P.L.5-1986, SEC.7. Amended by P.L.2-1996, SEC.136;
P.L.3-1997, SEC.267.
IC 3-11-3-5
Repealed
(Repealed by P.L.5-1989, SEC.120.)
IC 3-11-3-6
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-11-3-7
Repealed
(Repealed by P.L.38-1999, SEC.73.)
IC 3-11-3-8
Repealed
(Repealed by P.L.3-1997, SEC.475.)
IC 3-11-3-9
Repealed
(Repealed by P.L.38-1999, SEC.73.)
IC 3-11-3-10 Receipt of ballots and other supplies by inspector or member of
precinct election board
Sec. 10. The inspector of each precinct, or another member of the
precinct election board authorized in writing by the inspector, shall
appear at the office of the county election board of the inspector's
county on the second or third day before election day to receive
ballots and other supplies. As added by P.L.5-1986, SEC.7.
IC 3-11-3-11 Delivery of ballots and ballot supplies
Sec. 11. The county election board shall deliver the following to
each inspector or the inspector's representative:
(1) The supplies provided for the inspector's precinct by the
election division.
(2) The local sample ballots, the ballot labels, if any, and all
poll lists, registration lists, and other supplies considered
necessary to conduct the election in the inspector's precinct.
(3) The local ballots printed under the direction of the county
election board as follows:
(A) In those precincts where ballot card voting systems are
to be used, the number of ballots at least equal to one
hundred percent (100%) of the number of voters in the
inspector's precinct, according to the poll list.
(B) In those precincts where electronic voting systems are to
be used, the number of ballots that will be required to be
printed and furnished to the precincts for emergency
purposes only.
(C) Provisional ballots in the number considered necessary
by the county election board.
(4) Twenty (20) ink pens suitable for printing the names of
write-in candidates on the ballot or ballot envelope.
(5) Copies of the voter's bill of rights for posting as required by
42 U.S.C. 15482.
(6) Copies of the instructions for a provisional voter required by
42 U.S.C. 15482. The county election board shall provide at
least the number of copies of the instructions as the number of
provisional ballots provided under subdivision (3). As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.214;
P.L.4-1991, SEC.63; P.L.2-1996, SEC.139; P.L.3-1997, SEC.270;
P.L.126-2002, SEC.41; P.L.209-2003, SEC.105; P.L.230-2005,
SEC.51.
IC 3-11-3-12 Packaging of ballots; attestation by circuit court clerk; inspector's
receipt; packages not to be opened
Sec. 12. (a) The ballots delivered to the inspector of each precinct
under section 11 of this chapter shall be placed in a strong and stout
paper envelope or bag, which shall then be tightly closed, fastened
securely, and attested by the initials of the circuit court clerk or the
clerk's designee in the presence of the inspector or the inspector's
representative. The inspector shall sign a receipt for the ballots. The
ballot packages may not be opened until:
(1) they have been delivered to the precinct election board to
which they are directed; and
(2) the precinct election board is fully organized and ready for
the reception of votes.
(b) The provisional ballots delivered to the inspector of each
precinct under section 11 of this chapter shall be placed in a strong
and stout paper envelope or bag, separate from the bag described in
subsection (a), which shall then be tightly closed, fastened securely,
and attested by the initials of the circuit court clerk or the clerk's
designee in the presence of the inspector or the inspector's
representative. The inspector shall sign a receipt for the provisional
ballots. The provisional ballot packages may not be opened until:
(1) they have been delivered to the precinct election board to
which they are directed; and
(2) the precinct election board is fully organized and ready to
receive votes. As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.42;
P.L.221-2005, SEC.43.
IC 3-11-3-13 Dispatch of special messenger to pick up ballots on failure of
inspector; report to county election board
Sec. 13. If an inspector (or the inspector's representative) fails to
appear at the office of the circuit court clerk by the close of the
second day before election day, the county election board shall
immediately dispatch a special messenger to the inspector's precinct
with the ballots for the precinct. After delivering the ballots, the
messenger shall promptly report to the county election board and file
with it:
(1) the receipt of the person to whom the messenger delivered
the ballots; and
(2) the messenger's affidavit stating when and to whom the
messenger delivered the ballots. As added by P.L.5-1986, SEC.7.
IC 3-11-3-14 Messenger's compensation and mileage allowance
Sec. 14. If a county election board dispatches a messenger under
section 13 of this chapter, the messenger is entitled to receive:
(1) two dollars ($2) for time; and
(2) a mileage allowance at a rate determined by the county
fiscal body for the distance necessarily traveled. As added by P.L.5-1986, SEC.7. Amended by P.L.10-1997, SEC.3. IC 3-11-3-15 Failure of inspector to appear at circuit court clerk's office under
IC 3-11-3-10
Sec. 15. If an inspector fails to appear at the office of the circuit
court clerk under section 10 of this chapter, the inspector is not
entitled to compensation for services at the election. As added by P.L.5-1986, SEC.7.
IC 3-11-3-16 Poll lists; voter registration lists; preparation; delivery to
inspectors
Sec. 16. Each county election board shall prepare and have
delivered to the inspectors of the precincts, at the time they receive
the ballots for their precincts, a suitable number of voter registration
lists certified under IC 3-7-29 and any other forms, papers,
certificates, and oaths that are required to be furnished to precinct
election boards. The forms and papers must be prepared in
compliance with IC 3-5-4-8. The county voter registration office
shall cooperate with the county election board in the preparation of
the lists certified under IC 3-7-29. As added by P.L.5-1986, SEC.7. Amended by P.L.209-2003,
SEC.106; P.L.164-2006, SEC.90.
IC 3-11-3-17
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-3-18
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-3-19
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-3-20 Voters' poll list cover
Sec. 20. On the front cover of the bound looseleaf poll list sheets
or the book form poll lists the following should be printed:
(1) The heading: "VOTERS' POLL LIST COVER".
(2) A notice to the inspector that after the polls are closed the
poll list that has been used in the precinct on election day
should be assembled and enclosed in a separate envelope
provided for that purpose and delivered to the clerk of the
circuit court of the county in which the election is held with the
other election returns as provided in this title.
(3) The signatures of the inspector, judges, and clerks of the
election board, certifying the following:
(A) That the signatures shown in the list is the record of the
voters' poll list.
(B) The type of election.
(C) The date of the election. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.97;
P.L.4-1996, SEC.64.
IC 3-11-3-21
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-3-22 Instruction cards; write-in voting notice cards; printing and
delivery
Sec. 22. (a) Each county election board shall have printed in at
least 14 point type on cards in English, braille, and any other
language that the board considers necessary, the following:
(1) Instructions for the guidance of voters in preparing their
ballots.
(2) Instructions explaining the procedure for write-in voting.
(3) Write-in voting notice cards that must be posted in each
precinct that utilizes a voting system that does not permit a
voter to alter the voter's ballot after making a voting mark for a
write-in candidate so that the voter may vote for a candidate for
that office whose name appears on the ballot.
(b) The write-in notice cards described in subsection (a)(3) must
inform all voters that a voter:
(1) who wants to cast write-in votes may cast the voter's ballot
on the voting system required to be available to all voters in the
precinct under IC 3-11-15-13.3(e); and
(2) may choose to cast the voter's ballot on the voting system
described in subdivision (1) without being required to indicate
to any individual that the voter wishes to cast a ballot on the
voting system because the voter intends to cast a ballot for a
write-in candidate.
(c) The board shall furnish the number of cards it determines to
be adequate for each precinct to the inspector at the same time the
board delivers the ballots for the precinct and shall furnish a
magnifier upon request to a voter who requests a magnifier to read
the cards. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.216;
P.L.4-1991, SEC.64; P.L.3-1993, SEC.120; P.L.221-2005, SEC.44;
P.L.164-2006, SEC.91.
IC 3-11-3-23 Instruction cards; contents
Sec. 23. (a) The cards required by section 22 of this chapter must
contain instructions to the voters as to what must be done to:
(1) obtain ballots for voting;
(2) prepare ballots for voting; and
(3) obtain a new ballot in place of one accidentally defaced,
mutilated, or spoiled.
(b) The cards must contain, in underlined type, the following:
(1) That it is a crime to violate Indiana election laws.
(2) That the voter should examine the ballot to determine if it
contains the initials of the poll clerks in ink on the back of the
ballot.
(3) That the voter should examine the ballot to determine if the
ballot has any mark (other than the initials of the poll clerks)
before voting.
(4) That the voter should not make any mark on the ballot
except a voting mark in the manner provided by IC 3-12-1
because a mark other than a voting mark may void the ballot.
(5) That the voter should return the ballot to the poll clerks and
request another ballot if:
(A) the poll clerks' initials have not been properly placed on
the ballot;
(B) the ballot has a mark (other than the initials of the poll
clerks) before the voter places a voting mark on the ballot;
or
(C) the voter has improperly marked the ballot.
(c) The cards must also set out copies of IC 3-14-2-16,
IC 3-14-2-17, IC 3-14-3-10, IC 3-14-3-13, IC 3-14-3-15,
IC 3-14-3-16, and IC 3-14-4-9. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.217.
IC 3-11-3-24 Instruction cards; posting
Sec. 24. The inspector of each precinct shall have the cards
required by section 22 of this chapter posted as follows:
(1) One (1) of each card in each place or compartment provided
for the preparation of ballots.
(2) One (1) of each card at or close to the outer end of the chute.
(3) At least three (3) of each card in and about the polls. As added by P.L.5-1986, SEC.7. Amended by P.L.69-2003, SEC.3.
IC 3-11-3-25 Sample ballots; posting
Sec. 25. As required by 42 U.S.C. 15482, the inspector of each
precinct shall post the samples of each of the state and local ballots
provided by the county election board under this article in and about
the polls. The sample ballots shall be printed on different paper than
the genuine ballots. As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.102;
P.L.209-2003, SEC.111.
IC 3-11-3-26 Loss or destruction of ballots delivered to county election board;
report; affidavit of circumstances; resupply
Sec. 26. If by accident or casualty the ballots delivered to a county
election board, circuit court clerk, inspector, or other messenger are
lost or destroyed, the person in custody of the ballots shall report the
loss at once to the election board from which the ballots were
obtained. The person in custody of the ballots shall make an affidavit
of the circumstances of the loss, and the election board from which
the ballots were obtained immediately shall resupply the person. As added by P.L.5-1986, SEC.7.
IC 3-11-3-27 Failure or refusal to report and make proof of loss of ballots
Sec. 27. If the person in custody of the ballots fails or refuses to
report and make proof of the loss as required by section 26 of this
chapter, then any voter may do so. Upon such a report the election
board from which the ballots were obtained immediately shall send
a new supply of ballots by special messenger, as provided in other
cases. As added by P.L.5-1986, SEC.7.
IC 3-11-3-28 Securing ballots or other means of voting when none available
Sec. 28. If for any reason there are no ballots or other necessary
means for voting at the opening of the polls, the precinct election
board shall secure them as quickly as possible. If necessary, the
board may have ballots printed. However, the ballots must conform
as nearly as possible to the official ballots. The printing and the care
of the ballots are governed by the same provisions and penalties as
the printing and care of the other ballots prescribed by this article. As added by P.L.5-1986, SEC.7.
IC 3-11-3-29 Pasters; candidates appointed after printing of ballots and before
election; name change
Sec. 29. (a) If a new candidate is appointed or selected under
IC 3-13-1 or IC 3-13-2 after the printing of ballots and before the
election, the election division or the election board may print ballots
containing the name of the new candidate.
(b) If the election division or the election board determines that
printing ballots under subsection (a) would be uneconomical or
impractical, the chairman or committee that made the appointment
or selection shall provide to the division or the election board the
number of pasters the division or the board determines to be
necessary for all ballots to reflect the appointment or selection.
Pasters may not be given to or received by any person except the
co-directors of the election division (or the election board and the
board's chairman).
(c) If a candidate entitled to be placed on the ballot changes the
candidate's legal name after the printing of ballots and before the
election, the candidate who has changed the candidate's legal name
shall provide to the election division or the election board the
number of pasters the division or the board determines to be
necessary for all ballots to reflect the change of name. If a candidate
declines to do so under this subsection, the division or the board is
not required to reprint ballots to reflect the change of legal name. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.218;
P.L.5-1989, SEC.49; P.L.4-1996, SEC.65; P.L.3-1997, SEC.271;
P.L.202-1999, SEC.19.
IC 3-11-3-29.5 Pasters; deceased candidates; vacancies
Sec. 29.5. (a) The election division or an election board shall act
under subsection (c) to print new ballots or have pasters made to
cover the name of a candidate who has died or is no longer a
candidate under IC 3-13-2-1 if:
(1) the candidate's party does not fill the vacancy under
IC 3-13-1 or IC 3-13-2 not later than noon, five (5) days before
the election; and
(2) when a candidate has died, the election division or election
board:
(A) receives a certificate of death issued under IC 16-37-3
not later than noon the seventh day before the election; or
(B) by unanimous vote of the entire membership that there
is good cause to believe that the candidate has died.
(b) The election division or election board shall provide the
number of opaque pasters the election division or election board
determines to be necessary for all ballots to reflect a vacancy to the
following:
(1) The absentee voter board.
(2) The inspector of each precinct in which the candidate is on
the ballot.
(3) The circuit court clerk.
(c) If the election division or election board determines that the
use of pasters under this section would be impractical or
uneconomical, the election division or board may order the printing
of new ballots that omit the name of a candidate described in
subsection (a). A ballot printed under this subsection must contain
the statement "NO CANDIDATE" or "CANDIDATE DECEASED"
or words to that effect at the appropriate position on the ballot.
(d) If a candidate vacancy under IC 3-13-1 or IC 3-13-2 is filled
after noon five (5) days before the election, the election division or
election board is not required to reprint ballots or have pasters with
the name of the successor candidate placed over the name of an
individual who is no longer a candidate but may do so upon the vote
of the commission or election board. As added by P.L.4-1991, SEC.65. Amended by P.L.2-1993, SEC.31;
P.L.3-1993, SEC.121; P.L.4-1996, SEC.66; P.L.3-1997, SEC.272;
P.L.38-1999, SEC.36.
IC 3-11-3-30 Pasters; placement on ballots
Sec. 30. The circuit court clerk, if time permits before the ballots
are delivered to the precincts, the poll clerks, or members of the
absentee voter board, shall put one (1) of the pasters required by
sections 29 and 29.5 of this chapter in the proper place on each ballot
label bearing the name of the former candidate and on each paper
ballot, provisional ballot, or ballot card to be voted in the precinct
before they sign their initials on the ballot. The circuit court clerk
shall put one (1) of the pasters on each ballot to be voted by an
absentee voter before the clerk signs the ballot. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.219;
P.L.4-1991, SEC.66; P.L.3-1993, SEC.122; P.L.126-2002, SEC.43.
IC 3-11-3-31 Leftover ballots; preservation; destruction
Sec. 31. (a) Each county election board shall preserve the unused
ballots that are left over after supplying the precincts, as prescribed
by section 11 of this chapter. The ballots shall be preserved until
expiration of the time for filing a contest or recount petition under
IC 3-12.
(b) The board shall then destroy all of the ballots, except for one
(1) regular ballot and one (1) provisional ballot. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.220;
P.L.3-1993, SEC.123; P.L.126-2002, SEC.44.
IC 3-11-3-32 Preservation of ballot in election record; entry of information
Sec. 32. (a) The county election board shall securely paste the one
(1) regular ballot that was preserved under section 31 of this chapter
in the election record immediately before the provisional ballot
placed under subsection (b). The board shall also enter below the
ballot the number of ballots:
(1) printed by the board;
(2) delivered to each messenger; and
(3) destroyed by the board.
(b) The county election board shall securely paste the one (1)
provisional ballot that was preserved under section 31 of this chapter
in the election record immediately after the regular ballot placed in
the record under subsection (a) and immediately before the place
where the vote is to be recorded. The board shall also enter below the
provisional ballot the number of provisional ballots:
(1) printed by the board;
(2) delivered to each messenger; and
(3) destroyed by the board. As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.45.
IC 3-11-3-33 Provision of ballot box
Sec. 33. Whenever a general election is held, the county election
board shall provide a ballot box for each precinct. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.221.
IC 3-11-3-34 Ballot boxes; specifications
Sec. 34. Each ballot box provided under section 33 of this chapter
must:
(1) have an opening in the lid sufficient only for a single ballot;
(2) have at least two (2) locks of different kinds and
combinations, so that one (1) key will not unlock the other; and
(3) be constructed to prevent fraud. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.222.
IC 3-11-3-35 Counties with population of more than 400,000 but less than
700,000; voting system malfunction; paper ballots and necessary
supplies
Sec. 35. (a) This section applies to a county having a population
of more than four hundred thousand (400,000), but less than seven
hundred thousand (700,000).
(b) In each precinct where voting is by electronic voting system,
the county election board shall provide the following to be used if an
electronic voting system malfunctions:
(1) The following number of paper ballots:
(A) Not less than ten (10) if the number of registered voters
in the precinct is not more than three hundred (300).
(B) Not less than twenty-five (25) if the number of registered
voters in the precinct is more than three hundred (300).
(2) The necessary supplies and equipment as required by
IC 3-11-11.
(c) Upon notice that an electronic voting system is out of order or
fails to work, the precinct election board shall make the paper ballots
provided under subsection (b) available to voters. The precinct
election board shall contact the county election board to obtain
additional ballots.
(d) Upon notice that an electronic voting system is out of order or
fails to work, the county election board shall deliver additional
necessary supplies to any precinct in the county, including additional
paper ballots. As added by P.L.10-1992, SEC.22. Amended by P.L.20-1993, SEC.1;
P.L.221-2005, SEC.45.
IC 3-11-3
Chapter 3. Distribution of Ballots and Other Supplies
IC 3-11-3-1 Application of chapter
Sec. 1. This chapter applies to each precinct. As added by P.L.5-1986, SEC.7.
IC 3-11-3-2
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-11-3-3 Paper ballots for precincts where voting systems not sufficient to
register all votes
Sec. 3. If, in the judgment of a county election board, the number
of voters in a precinct of the county where a voting system is used for
voting is so large that the voting system in use will not be sufficient
to register the vote of all the voters in the precinct, the board may use
paper ballots in addition to the voting system. The voting by paper
ballot is subject to all the restrictions prescribed by this article. As added by P.L.5-1986, SEC.7. Amended by P.L.2-1996, SEC.135;
P.L.3-1997, SEC.266; P.L.221-2005, SEC.42.
IC 3-11-3-4 Seal for ballots; design; restriction on use
Sec. 4. The election division shall provide a seal for the ballots.
The seal may be of a design considered proper by the election
division, but the same design may not be used for two (2)
consecutive elections. As added by P.L.5-1986, SEC.7. Amended by P.L.2-1996, SEC.136;
P.L.3-1997, SEC.267.
IC 3-11-3-5
Repealed
(Repealed by P.L.5-1989, SEC.120.)
IC 3-11-3-6
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-11-3-7
Repealed
(Repealed by P.L.38-1999, SEC.73.)
IC 3-11-3-8
Repealed
(Repealed by P.L.3-1997, SEC.475.)
IC 3-11-3-9
Repealed
(Repealed by P.L.38-1999, SEC.73.)
IC 3-11-3-10 Receipt of ballots and other supplies by inspector or member of
precinct election board
Sec. 10. The inspector of each precinct, or another member of the
precinct election board authorized in writing by the inspector, shall
appear at the office of the county election board of the inspector's
county on the second or third day before election day to receive
ballots and other supplies. As added by P.L.5-1986, SEC.7.
IC 3-11-3-11 Delivery of ballots and ballot supplies
Sec. 11. The county election board shall deliver the following to
each inspector or the inspector's representative:
(1) The supplies provided for the inspector's precinct by the
election division.
(2) The local sample ballots, the ballot labels, if any, and all
poll lists, registration lists, and other supplies considered
necessary to conduct the election in the inspector's precinct.
(3) The local ballots printed under the direction of the county
election board as follows:
(A) In those precincts where ballot card voting systems are
to be used, the number of ballots at least equal to one
hundred percent (100%) of the number of voters in the
inspector's precinct, according to the poll list.
(B) In those precincts where electronic voting systems are to
be used, the number of ballots that will be required to be
printed and furnished to the precincts for emergency
purposes only.
(C) Provisional ballots in the number considered necessary
by the county election board.
(4) Twenty (20) ink pens suitable for printing the names of
write-in candidates on the ballot or ballot envelope.
(5) Copies of the voter's bill of rights for posting as required by
42 U.S.C. 15482.
(6) Copies of the instructions for a provisional voter required by
42 U.S.C. 15482. The county election board shall provide at
least the number of copies of the instructions as the number of
provisional ballots provided under subdivision (3). As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.214;
P.L.4-1991, SEC.63; P.L.2-1996, SEC.139; P.L.3-1997, SEC.270;
P.L.126-2002, SEC.41; P.L.209-2003, SEC.105; P.L.230-2005,
SEC.51.
IC 3-11-3-12 Packaging of ballots; attestation by circuit court clerk; inspector's
receipt; packages not to be opened
Sec. 12. (a) The ballots delivered to the inspector of each precinct
under section 11 of this chapter shall be placed in a strong and stout
paper envelope or bag, which shall then be tightly closed, fastened
securely, and attested by the initials of the circuit court clerk or the
clerk's designee in the presence of the inspector or the inspector's
representative. The inspector shall sign a receipt for the ballots. The
ballot packages may not be opened until:
(1) they have been delivered to the precinct election board to
which they are directed; and
(2) the precinct election board is fully organized and ready for
the reception of votes.
(b) The provisional ballots delivered to the inspector of each
precinct under section 11 of this chapter shall be placed in a strong
and stout paper envelope or bag, separate from the bag described in
subsection (a), which shall then be tightly closed, fastened securely,
and attested by the initials of the circuit court clerk or the clerk's
designee in the presence of the inspector or the inspector's
representative. The inspector shall sign a receipt for the provisional
ballots. The provisional ballot packages may not be opened until:
(1) they have been delivered to the precinct election board to
which they are directed; and
(2) the precinct election board is fully organized and ready to
receive votes. As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.42;
P.L.221-2005, SEC.43.
IC 3-11-3-13 Dispatch of special messenger to pick up ballots on failure of
inspector; report to county election board
Sec. 13. If an inspector (or the inspector's representative) fails to
appear at the office of the circuit court clerk by the close of the
second day before election day, the county election board shall
immediately dispatch a special messenger to the inspector's precinct
with the ballots for the precinct. After delivering the ballots, the
messenger shall promptly report to the county election board and file
with it:
(1) the receipt of the person to whom the messenger delivered
the ballots; and
(2) the messenger's affidavit stating when and to whom the
messenger delivered the ballots. As added by P.L.5-1986, SEC.7.
IC 3-11-3-14 Messenger's compensation and mileage allowance
Sec. 14. If a county election board dispatches a messenger under
section 13 of this chapter, the messenger is entitled to receive:
(1) two dollars ($2) for time; and
(2) a mileage allowance at a rate determined by the county
fiscal body for the distance necessarily traveled. As added by P.L.5-1986, SEC.7. Amended by P.L.10-1997, SEC.3. IC 3-11-3-15 Failure of inspector to appear at circuit court clerk's office under
IC 3-11-3-10
Sec. 15. If an inspector fails to appear at the office of the circuit
court clerk under section 10 of this chapter, the inspector is not
entitled to compensation for services at the election. As added by P.L.5-1986, SEC.7.
IC 3-11-3-16 Poll lists; voter registration lists; preparation; delivery to
inspectors
Sec. 16. Each county election board shall prepare and have
delivered to the inspectors of the precincts, at the time they receive
the ballots for their precincts, a suitable number of voter registration
lists certified under IC 3-7-29 and any other forms, papers,
certificates, and oaths that are required to be furnished to precinct
election boards. The forms and papers must be prepared in
compliance with IC 3-5-4-8. The county voter registration office
shall cooperate with the county election board in the preparation of
the lists certified under IC 3-7-29. As added by P.L.5-1986, SEC.7. Amended by P.L.209-2003,
SEC.106; P.L.164-2006, SEC.90.
IC 3-11-3-17
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-3-18
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-3-19
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-3-20 Voters' poll list cover
Sec. 20. On the front cover of the bound looseleaf poll list sheets
or the book form poll lists the following should be printed:
(1) The heading: "VOTERS' POLL LIST COVER".
(2) A notice to the inspector that after the polls are closed the
poll list that has been used in the precinct on election day
should be assembled and enclosed in a separate envelope
provided for that purpose and delivered to the clerk of the
circuit court of the county in which the election is held with the
other election returns as provided in this title.
(3) The signatures of the inspector, judges, and clerks of the
election board, certifying the following:
(A) That the signatures shown in the list is the record of the
voters' poll list.
(B) The type of election.
(C) The date of the election. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.97;
P.L.4-1996, SEC.64.
IC 3-11-3-21
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-3-22 Instruction cards; write-in voting notice cards; printing and
delivery
Sec. 22. (a) Each county election board shall have printed in at
least 14 point type on cards in English, braille, and any other
language that the board considers necessary, the following:
(1) Instructions for the guidance of voters in preparing their
ballots.
(2) Instructions explaining the procedure for write-in voting.
(3) Write-in voting notice cards that must be posted in each
precinct that utilizes a voting system that does not permit a
voter to alter the voter's ballot after making a voting mark for a
write-in candidate so that the voter may vote for a candidate for
that office whose name appears on the ballot.
(b) The write-in notice cards described in subsection (a)(3) must
inform all voters that a voter:
(1) who wants to cast write-in votes may cast the voter's ballot
on the voting system required to be available to all voters in the
precinct under IC 3-11-15-13.3(e); and
(2) may choose to cast the voter's ballot on the voting system
described in subdivision (1) without being required to indicate
to any individual that the voter wishes to cast a ballot on the
voting system because the voter intends to cast a ballot for a
write-in candidate.
(c) The board shall furnish the number of cards it determines to
be adequate for each precinct to the inspector at the same time the
board delivers the ballots for the precinct and shall furnish a
magnifier upon request to a voter who requests a magnifier to read
the cards. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.216;
P.L.4-1991, SEC.64; P.L.3-1993, SEC.120; P.L.221-2005, SEC.44;
P.L.164-2006, SEC.91.
IC 3-11-3-23 Instruction cards; contents
Sec. 23. (a) The cards required by section 22 of this chapter must
contain instructions to the voters as to what must be done to:
(1) obtain ballots for voting;
(2) prepare ballots for voting; and
(3) obtain a new ballot in place of one accidentally defaced,
mutilated, or spoiled.
(b) The cards must contain, in underlined type, the following:
(1) That it is a crime to violate Indiana election laws.
(2) That the voter should examine the ballot to determine if it
contains the initials of the poll clerks in ink on the back of the
ballot.
(3) That the voter should examine the ballot to determine if the
ballot has any mark (other than the initials of the poll clerks)
before voting.
(4) That the voter should not make any mark on the ballot
except a voting mark in the manner provided by IC 3-12-1
because a mark other than a voting mark may void the ballot.
(5) That the voter should return the ballot to the poll clerks and
request another ballot if:
(A) the poll clerks' initials have not been properly placed on
the ballot;
(B) the ballot has a mark (other than the initials of the poll
clerks) before the voter places a voting mark on the ballot;
or
(C) the voter has improperly marked the ballot.
(c) The cards must also set out copies of IC 3-14-2-16,
IC 3-14-2-17, IC 3-14-3-10, IC 3-14-3-13, IC 3-14-3-15,
IC 3-14-3-16, and IC 3-14-4-9. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.217.
IC 3-11-3-24 Instruction cards; posting
Sec. 24. The inspector of each precinct shall have the cards
required by section 22 of this chapter posted as follows:
(1) One (1) of each card in each place or compartment provided
for the preparation of ballots.
(2) One (1) of each card at or close to the outer end of the chute.
(3) At least three (3) of each card in and about the polls. As added by P.L.5-1986, SEC.7. Amended by P.L.69-2003, SEC.3.
IC 3-11-3-25 Sample ballots; posting
Sec. 25. As required by 42 U.S.C. 15482, the inspector of each
precinct shall post the samples of each of the state and local ballots
provided by the county election board under this article in and about
the polls. The sample ballots shall be printed on different paper than
the genuine ballots. As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.102;
P.L.209-2003, SEC.111.
IC 3-11-3-26 Loss or destruction of ballots delivered to county election board;
report; affidavit of circumstances; resupply
Sec. 26. If by accident or casualty the ballots delivered to a county
election board, circuit court clerk, inspector, or other messenger are
lost or destroyed, the person in custody of the ballots shall report the
loss at once to the election board from which the ballots were
obtained. The person in custody of the ballots shall make an affidavit
of the circumstances of the loss, and the election board from which
the ballots were obtained immediately shall resupply the person. As added by P.L.5-1986, SEC.7.
IC 3-11-3-27 Failure or refusal to report and make proof of loss of ballots
Sec. 27. If the person in custody of the ballots fails or refuses to
report and make proof of the loss as required by section 26 of this
chapter, then any voter may do so. Upon such a report the election
board from which the ballots were obtained immediately shall send
a new supply of ballots by special messenger, as provided in other
cases. As added by P.L.5-1986, SEC.7.
IC 3-11-3-28 Securing ballots or other means of voting when none available
Sec. 28. If for any reason there are no ballots or other necessary
means for voting at the opening of the polls, the precinct election
board shall secure them as quickly as possible. If necessary, the
board may have ballots printed. However, the ballots must conform
as nearly as possible to the official ballots. The printing and the care
of the ballots are governed by the same provisions and penalties as
the printing and care of the other ballots prescribed by this article. As added by P.L.5-1986, SEC.7.
IC 3-11-3-29 Pasters; candidates appointed after printing of ballots and before
election; name change
Sec. 29. (a) If a new candidate is appointed or selected under
IC 3-13-1 or IC 3-13-2 after the printing of ballots and before the
election, the election division or the election board may print ballots
containing the name of the new candidate.
(b) If the election division or the election board determines that
printing ballots under subsection (a) would be uneconomical or
impractical, the chairman or committee that made the appointment
or selection shall provide to the division or the election board the
number of pasters the division or the board determines to be
necessary for all ballots to reflect the appointment or selection.
Pasters may not be given to or received by any person except the
co-directors of the election division (or the election board and the
board's chairman).
(c) If a candidate entitled to be placed on the ballot changes the
candidate's legal name after the printing of ballots and before the
election, the candidate who has changed the candidate's legal name
shall provide to the election division or the election board the
number of pasters the division or the board determines to be
necessary for all ballots to reflect the change of name. If a candidate
declines to do so under this subsection, the division or the board is
not required to reprint ballots to reflect the change of legal name. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.218;
P.L.5-1989, SEC.49; P.L.4-1996, SEC.65; P.L.3-1997, SEC.271;
P.L.202-1999, SEC.19.
IC 3-11-3-29.5 Pasters; deceased candidates; vacancies
Sec. 29.5. (a) The election division or an election board shall act
under subsection (c) to print new ballots or have pasters made to
cover the name of a candidate who has died or is no longer a
candidate under IC 3-13-2-1 if:
(1) the candidate's party does not fill the vacancy under
IC 3-13-1 or IC 3-13-2 not later than noon, five (5) days before
the election; and
(2) when a candidate has died, the election division or election
board:
(A) receives a certificate of death issued under IC 16-37-3
not later than noon the seventh day before the election; or
(B) by unanimous vote of the entire membership that there
is good cause to believe that the candidate has died.
(b) The election division or election board shall provide the
number of opaque pasters the election division or election board
determines to be necessary for all ballots to reflect a vacancy to the
following:
(1) The absentee voter board.
(2) The inspector of each precinct in which the candidate is on
the ballot.
(3) The circuit court clerk.
(c) If the election division or election board determines that the
use of pasters under this section would be impractical or
uneconomical, the election division or board may order the printing
of new ballots that omit the name of a candidate described in
subsection (a). A ballot printed under this subsection must contain
the statement "NO CANDIDATE" or "CANDIDATE DECEASED"
or words to that effect at the appropriate position on the ballot.
(d) If a candidate vacancy under IC 3-13-1 or IC 3-13-2 is filled
after noon five (5) days before the election, the election division or
election board is not required to reprint ballots or have pasters with
the name of the successor candidate placed over the name of an
individual who is no longer a candidate but may do so upon the vote
of the commission or election board. As added by P.L.4-1991, SEC.65. Amended by P.L.2-1993, SEC.31;
P.L.3-1993, SEC.121; P.L.4-1996, SEC.66; P.L.3-1997, SEC.272;
P.L.38-1999, SEC.36.
IC 3-11-3-30 Pasters; placement on ballots
Sec. 30. The circuit court clerk, if time permits before the ballots
are delivered to the precincts, the poll clerks, or members of the
absentee voter board, shall put one (1) of the pasters required by
sections 29 and 29.5 of this chapter in the proper place on each ballot
label bearing the name of the former candidate and on each paper
ballot, provisional ballot, or ballot card to be voted in the precinct
before they sign their initials on the ballot. The circuit court clerk
shall put one (1) of the pasters on each ballot to be voted by an
absentee voter before the clerk signs the ballot. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.219;
P.L.4-1991, SEC.66; P.L.3-1993, SEC.122; P.L.126-2002, SEC.43.
IC 3-11-3-31 Leftover ballots; preservation; destruction
Sec. 31. (a) Each county election board shall preserve the unused
ballots that are left over after supplying the precincts, as prescribed
by section 11 of this chapter. The ballots shall be preserved until
expiration of the time for filing a contest or recount petition under
IC 3-12.
(b) The board shall then destroy all of the ballots, except for one
(1) regular ballot and one (1) provisional ballot. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.220;
P.L.3-1993, SEC.123; P.L.126-2002, SEC.44.
IC 3-11-3-32 Preservation of ballot in election record; entry of information
Sec. 32. (a) The county election board shall securely paste the one
(1) regular ballot that was preserved under section 31 of this chapter
in the election record immediately before the provisional ballot
placed under subsection (b). The board shall also enter below the
ballot the number of ballots:
(1) printed by the board;
(2) delivered to each messenger; and
(3) destroyed by the board.
(b) The county election board shall securely paste the one (1)
provisional ballot that was preserved under section 31 of this chapter
in the election record immediately after the regular ballot placed in
the record under subsection (a) and immediately before the place
where the vote is to be recorded. The board shall also enter below the
provisional ballot the number of provisional ballots:
(1) printed by the board;
(2) delivered to each messenger; and
(3) destroyed by the board. As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.45.
IC 3-11-3-33 Provision of ballot box
Sec. 33. Whenever a general election is held, the county election
board shall provide a ballot box for each precinct. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.221.
IC 3-11-3-34 Ballot boxes; specifications
Sec. 34. Each ballot box provided under section 33 of this chapter
must:
(1) have an opening in the lid sufficient only for a single ballot;
(2) have at least two (2) locks of different kinds and
combinations, so that one (1) key will not unlock the other; and
(3) be constructed to prevent fraud. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.222.
IC 3-11-3-35 Counties with population of more than 400,000 but less than
700,000; voting system malfunction; paper ballots and necessary
supplies
Sec. 35. (a) This section applies to a county having a population
of more than four hundred thousand (400,000), but less than seven
hundred thousand (700,000).
(b) In each precinct where voting is by electronic voting system,
the county election board shall provide the following to be used if an
electronic voting system malfunctions:
(1) The following number of paper ballots:
(A) Not less than ten (10) if the number of registered voters
in the precinct is not more than three hundred (300).
(B) Not less than twenty-five (25) if the number of registered
voters in the precinct is more than three hundred (300).
(2) The necessary supplies and equipment as required by
IC 3-11-11.
(c) Upon notice that an electronic voting system is out of order or
fails to work, the precinct election board shall make the paper ballots
provided under subsection (b) available to voters. The precinct
election board shall contact the county election board to obtain
additional ballots.
(d) Upon notice that an electronic voting system is out of order or
fails to work, the county election board shall deliver additional
necessary supplies to any precinct in the county, including additional
paper ballots. As added by P.L.10-1992, SEC.22. Amended by P.L.20-1993, SEC.1;
P.L.221-2005, SEC.45.
