IC 3-11-4
Chapter 4. Eligibility and Application for Absentee Ballot
IC 3-11-4-0.5 When an absentee ballot is considered sent to a voter
Sec. 0.5. For purposes of this chapter, an absentee ballot
application or an absentee ballot is considered "sent" to a voter if the
application or ballot is:
(1) sent by United States mail addressed to the voter;
(2) transmitted by fax to a number provided by the voter; or
(3) personally given to the voter. As added by P.L.126-2002, SEC.46.
IC 3-11-4-1 Entitlement to vote by absentee ballot in clerk's office or satellite
office; conditions
Sec. 1. (a) A voter who is otherwise qualified to vote in person is
entitled to vote by absentee ballot. Except as otherwise provided in
this article, a voter voting by absentee ballot must vote in the office
of the circuit court clerk (or board of elections and registration in a
county subject to IC 3-6-5.2) or at a satellite office established under
IC 3-11-10-26.3.
(b) A county election board, by unanimous vote of its entire
membership, may authorize a person who is otherwise qualified to
vote in person to vote by absentee ballot if the board determines that
the person has been hospitalized or suffered an injury following the
final date and hour for applying for an absentee ballot that would
prevent the person from voting in person at the polls.
(c) The commission, by unanimous vote of its entire membership,
may authorize a person who is otherwise qualified to vote in person
to vote by absentee ballot if the commission determines that an
emergency prevents the person from voting in person at a polling
place.
(d) The absentee ballots used in subsection (b) or (c) must be the
same official absentee ballots as described in section 12.5 of this
chapter. Taking into consideration the amount of time remaining
before the election, the commission shall determine whether the
absentee ballots are transmitted to and from the voter by mail or
personally delivered. An absentee ballot that is personally delivered
shall comply with the requirements in sections 19, 20, and 21 of this
chapter. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.223;
P.L.7-1990, SEC.40; P.L.4-1991, SEC.67; P.L.3-1993, SEC.124;
P.L.17-1993, SEC.10; P.L.1-1994, SEC.4; P.L.12-1995, SEC.76;
P.L.3-1995, SEC.98; P.L.2-1996, SEC.140; P.L.126-2002, SEC.47;
P.L.14-2004, SEC.101; P.L.66-2010, SEC.9.
IC 3-11-4-2 Application for absentee ballot; completion; execution; handling;
affidavits
Sec. 2. (a) A voter who wants to vote by absentee ballot must
apply to the county election board for an official absentee ballot.
Except as provided in subsection (b), the voter must sign the
absentee ballot application.
(b) If a voter with disabilities is unable to sign the absentee ballot
application and the voter has not designated an individual to serve as
attorney in fact for the voter, the county election board may
designate an individual to sign the application on behalf of the voter.
If an individual applies for an absentee ballot as the properly
authorized attorney in fact for a voter, the attorney in fact must attach
a copy of the power of attorney to the application.
(c) A person may provide an individual with an application for an
absentee ballot with the following information already printed or
otherwise set forth on the application when provided to the
individual:
(1) The name of the individual.
(2) The voter registration address of the individual.
(3) The mailing address of the individual.
(4) The date of birth of the individual.
(5) The voter identification number of the individual.
(d) A person may not provide an individual with an application
for an absentee ballot with the following information already printed
or otherwise set forth on the application when provided to the
individual:
(1) The address to which the absentee ballot would be mailed,
if different from the voter registration address of the individual.
(2) In a primary election, the major political party ballot
requested by the individual.
(3) In a primary or general election, the types of absentee
ballots requested by the individual.
(4) The reason why the individual is entitled to vote an absentee
ballot:
(A) by mail; or
(B) before an absentee voter board (other than an absentee
voter board located in the office of the circuit court clerk or
a satellite office);
in accordance with IC 3-11-4-18, IC 3-11-10-24, or
IC 3-11-10-25.
(e) If the county election board determines that an absentee ballot
application does not comply with subsection (d), the board shall deny
the application under section 17.5 of this chapter.
(f) A person who assists an individual in completing any
information described in subsection (d) on an absentee ballot
application shall state under the penalties for perjury the following
information on the application:
(1) The full name, residence and mailing address, and daytime
and evening telephone numbers (if any) of the person providing
the assistance.
(2) The date this assistance was provided.
(3) That the person providing the assistance has complied with
Indiana laws governing the submission of absentee ballot
applications.
(4) That the person has no knowledge or reason to believe that
the individual submitting the application:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(g) This subsection does not apply to an employee of the United
States Postal Service or a bonded courier company acting in the
individual's capacity as an employee of the United States Postal
Service or a bonded courier company. A person who receives a
completed absentee ballot application from the individual who has
applied for the absentee ballot shall file the application with the
appropriate county election board not later than:
(1) noon seven (7) days after the person receives the
application; or
(2) the deadline set by Indiana law for filing the application
with the board;
whichever occurs first.
(h) This subsection does not apply to an employee of the United
States Postal Service or a bonded courier company acting in the
individual's capacity as an employee of the United States Postal
Service or a bonded courier company. A person filing an absentee
ballot application, other than the person's own absentee ballot
application, must sign an affidavit at the time of filing the
application. The affidavit must be in a form prescribed by the
commission. The form must include the following:
(1) A statement of the full name, residence and mailing address,
and daytime and evening telephone numbers (if any) of the
person submitting the application.
(2) A statement that the person filing the affidavit has complied
with Indiana laws governing the submission of absentee ballot
applications.
(3) A statement that the person has no knowledge or reason to
believe that the individual whose application is to be filed:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(4) A statement that the person is executing the affidavit under
the penalties of perjury.
(5) A statement setting forth the penalties for perjury.
(i) The county election board shall record the date and time of the
filing of the affidavit. As added by P.L.5-1986, SEC.7. Amended by P.L.38-1999, SEC.37;
P.L.126-2002, SEC.48; P.L.103-2005, SEC.2.
IC 3-11-4-3 Deadline for receipt of absentee ballot application
Sec. 3. Except as provided in section 6 of this chapter, an
application for an absentee ballot must be received by the circuit
court clerk (or, in a county subject to IC 3-6-5.2, the director of the
board of elections and registration) not earlier than the date the
registration period resumes following a primary election under
IC 3-7-13-10 nor later than the following:
(1) Noon on election day if the voter registers to vote under
IC 3-7-36-14.
(2) Noon on the day before election day if the voter completes
the application in the office of the circuit court clerk or is an
absent uniformed services voter or overseas voter who requests
that the ballot be transmitted by electronic mail or fax under
section 6(h) of this chapter.
(3) Noon on the day before election day if:
(A) the application is a mailed, transmitted by fax, or hand
delivered application from a confined voter or voter caring
for a confined person; and
(B) the applicant requests that the absentee ballots be
delivered to the applicant by an absentee voter board.
(4) Midnight on the eighth day before election day if the
application:
(A) is a mailed application; or
(B) was transmitted by fax;
from other voters. As added by P.L.5-1986, SEC.7. Amended by P.L.14-1987, SEC.1;
P.L.3-1987, SEC.224; P.L.10-1988, SEC.103; P.L.5-1989, SEC.50;
P.L.7-1990, SEC.41; P.L.12-1992, SEC.8; P.L.8-1992, SEC.17;
P.L.3-1997, SEC.273; P.L.38-1999, SEC.38; P.L.176-1999, SEC.67;
P.L.126-2002, SEC.49; P.L.1-2003, SEC.3; P.L.14-2004, SEC.102;
P.L.103-2005, SEC.3; P.L.66-2010, SEC.10.
IC 3-11-4-4 Manner of making application; furnished forms; fax and electronic
mail applications
Sec. 4. (a) Applications may be made on application forms
approved by the commission by any of the following means:
(1) In person.
(2) By fax transmission.
(3) By mail (including United States mail or bonded courier).
(4) By electronic mail with a scanned image of the application
and signature of the applicant, if transmitted by an absent
uniformed services voter or an overseas voter acting under
section 6 of this chapter.
(b) Application forms shall:
(1) be furnished to a central committee of the county at the
request of the central committee;
(2) be:
(A) mailed;
(B) transmitted by fax; or
(C) transmitted by electronic mail with a scanned image of
the application;
upon request, to a voter applying by mail, by telephone, by
electronic mail, or by fax; and
(3) be delivered to a voter in person who applies at the circuit
court clerk's office.
(c) A county election board shall accept an application for an
absentee ballot transmitted by fax even though the application is
delivered to the county election board by a person other than the
person submitting the application.
(d) When an application is received under subsection (a)(4), the
circuit court clerk's office (or, in a county subject to IC 3-6-5.2 or
IC 3-6-5.4, the office of the board of elections and registration) shall
send an electronic mail receipt acknowledging receipt of the voter's
application. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.225;
P.L.5-1989, SEC.51; P.L.10-1989, SEC.6; P.L.8-1992, SEC.18;
P.L.3-1993, SEC.125; P.L.2-1996, SEC.141; P.L.126-2002, SEC.50;
P.L.120-2009, SEC.6; P.L.66-2010, SEC.11.
IC 3-11-4-5
Repealed
(Repealed by P.L.8-1992, SEC.43.)
IC 3-11-4-5.1 Application form; prescribed by commission
Sec. 5.1. (a) The commission shall prescribe the form of an
application for an absentee ballot.
(b) This subsection does not apply to the form for an absentee
ballot application to be submitted by an absent uniformed services
voter or overseas voter that contains a standardized oath for those
voters. The form of the application for an absentee ballot must do all
of the following:
(1) Require the applicant to swear to or affirm under the
penalties of perjury that all of the information set forth on the
application is true to the best of the applicant's knowledge and
belief.
(2) Require a person who assisted with the completion of the
application to swear to or affirm under the penalties of perjury
the statements set forth in section 2(f) of this chapter.
(3) Set forth the penalties for perjury.
(c) The form prescribed by the commission shall require that a
voter who:
(1) requests an absentee ballot; and
(2) is eligible to vote in the precinct under IC 3-10-11 or
IC 3-10-12;
must include the affidavit required by IC 3-10-11 or a written
affirmation described in IC 3-10-12. As added by P.L.8-1992, SEC.19. Amended by P.L.17-1993, SEC.11;
P.L.12-1995, SEC.77; P.L.2-1996, SEC.142; P.L.103-2005, SEC.4;
P.L.1-2006, SEC.5.
IC 3-11-4-5.5 Election division designated as single office for voter registration
and absentee ballot procedures for overseas and absent uniformed
services voters
Sec. 5.5. In accordance with 42 U.S.C. 1973ff-1(b), but subject to
section 5.7 of this chapter, the election division is designated as the
single office in Indiana responsible for providing information
regarding voter registration procedures under IC 3-7 and absentee
ballot procedures under this chapter to be used by absent uniformed
services voters and overseas voters who wish to register to vote or
vote in any jurisdiction in Indiana. As added by P.L.209-2003, SEC.112. Amended by P.L.66-2010,
SEC.12.
IC 3-11-4-5.7 Military and Overseas Voter Empowerment Act; delegation of
authority to counties; designation of communications means;
providing applications to voters; security and privacy of
application requests; providing information to voters; free access
system
Sec. 5.7. (a) As used in this section, "MOVE" refers to the
Military and Overseas Voter Empowerment Act (Sections 577
through 589 of the National Defense Authorization Act for Fiscal
Year 2010).
(b) Except as expressly provided by law, the state delegates its
responsibilities to carry out the requirements of MOVE to each
county election board (or board of elections and registration
established under IC 3-6-5.2 or IC 3-6-5.4).
(c) To implement 42 U.S.C. 1973ff-1, electronic mail, fax, and
web publication are designated as means of communication for an
absent uniformed services voter or an overseas voter to request a
voter registration application and an absentee ballot application from
the election division, a county election board, or a county voter
registration office.
(d) An office described in subsection (c) that receives an
electronic mail or fax from a voter shall provide an absentee ballot
application or a voter registration application by electronic mail or
fax to the voter if:
(1) requested by the voter; and
(2) the voter provides an electronic mail address or a fax
number that permits the office to send an application not later
than the end of the first business day after the office receives
the communication from the voter.
If the electronic mail address or the fax number provided by the voter
does not permit the office to send the voter an application not later
than the end of the first business day after the office receives the
communication, the office shall send the application to the voter by
United States mail.
(e) As required by 42 U.S.C. 1973ff-1, to the extent practicable
and permitted under state law (including IC 3-7 and IC 5-14-3), an
office described in subsection (c) shall ensure that the procedures
used to transmit an absentee ballot application or a voter registration
application to an absent uniformed services voter or overseas voter
protect the security and integrity of the application request processes,
and that the privacy of the identity and other personal data of the
voter who requests or is sent an application under subsection (d) is
protected throughout the process of making the request or being sent
the application.
(f) As required under 42 U.S.C. 1973ff-1, an office described in
subsection (c) shall include information regarding the use of
electronic mail, fax, and web publication with all informational and
instructional materials that are sent with an absentee ballot
application or an absentee ballot to an absent uniformed services
voter or overseas voter.
(g) To implement Section 580 of MOVE, and in accordance with
IC 3-7-26.3-3, the secretary of state, with the approval of the election
division, shall develop a free access system that permits an absent
uniformed services voter or overseas voter to determine whether the
voter's absentee ballot has been received by the appropriate county
election board (or board of elections and registration), regardless of
the manner in which the absentee ballot was transmitted by the voter
to the board. To the extent permitted by IC 3-7 and IC 5-14-3, the
system must contain reasonable procedures to protect the security,
confidentiality, and integrity of personal information collected,
stored, or otherwise used on the system. As added by P.L.66-2010, SEC.13.
IC 3-11-4-6 Absent uniformed services voters, overseas voters, and address
confidentiality voters; transmission of applications and ballots
Sec. 6. (a) This section applies, notwithstanding any other
provision of this title, to absentee ballot applications for the
following:
(1) An absent uniformed services voter.
(2) An address confidentiality program participant (as defined
in IC 5-26.5-1-6).
(3) An overseas voter.
(b) A county election board shall make blank absentee ballot
applications available for persons covered by this section after
November 20 preceding the election to which the application applies.
Except as provided in subsection (c), the person may apply for an
absentee ballot at any time after the applications are made available.
(c) A person covered by this section may apply for an absentee
ballot for the next scheduled primary, general, or special election at
any time by filing either of the following:
(1) A combined absentee registration form and absentee ballot
request approved under 42 U.S.C. 1973ff(b)(2).
(2) A form prescribed under IC 3-5-4-8 that identifies the
applicant as an absent uniformed services voter or an overseas
voter. A form prescribed under this subdivision must permit the
applicant to designate whether the applicant wishes to receive
the absentee ballot by electronic mail, fax, or United States
mail.
(d) If the county election board receives an absentee ballot
application from a person described by subsection (c), the circuit
court clerk shall mail to the person, free of postage as provided by 39
U.S.C. 3406, all ballots for the election immediately upon receipt of
the ballots under section 15 of this chapter, unless the person has
indicated under subsection (c) that the person wishes to receive the
absentee ballot by electronic mail or fax.
(e) Whenever a voter files an application for an absentee ballot
and indicates on the application that the voter:
(1) is an absent uniformed services voter or an overseas voter;
and
(2) does not expect to be in the county during the twelve (12)
months following the date the application is filed;
the application is an adequate application for an absentee ballot for
both subsequent general elections and any municipal or special
election conducted during that period, unless an absentee ballot
mailed to the voter at the address set forth in the application is
returned to the county election board during that period as
undeliverable. The circuit court clerk and county election board shall
process this application and send general election absentee ballots to
the voter in the same manner as other general election and special
election absentee ballot applications and ballots are processed and
sent under this chapter.
(f) Whenever a voter described in subsection (a)(2) files an
application for a primary election absentee ballot and indicates on
the application that the voter is an address confidentiality program
participant, the application is an adequate application for a general
election absentee ballot under this chapter and an absentee ballot for
a special election conducted during the twelve (12) months following
the date of the application. The circuit court clerk and county
election board shall process this application and send general
election and special election absentee ballots to the voter in the same
manner as other general election and special election absentee ballot
applications and ballots are processed and sent under this chapter.
(g) The name, address, telephone number, and any other
identifying information relating to a program participant (as defined
in IC 5-26.5-1-6) in the address confidentiality program, as contained
in a voting registration record, is declared confidential for purposes
of IC 5-14-3-4(a)(1). The county voter registration office may not
disclose for public inspection or copying a name, an address, a
telephone number, or any other information described in this
subsection, as contained in a voting registration record, except as
follows:
(1) To a law enforcement agency, upon request.
(2) As directed by a court order.
(h) The county election board shall by fax or electronic mail
transmit an absentee ballot to and receive an absentee ballot from an
absent uniformed services voter or an overseas voter by electronic
mail or fax at the request of the voter indicated in the application
filed under this section. If the voter wants to submit absentee ballots
by fax or electronic mail, the voter must separately sign and date a
statement submitted with the electronic mail or the fax transmission
that states substantively the following: "I understand that by faxing
or e-mailing my voted ballot I am voluntarily waiving my right to a
secret ballot.".
(i) The county election board shall send confirmation to a voter
described in subsection (h) that the voter's absentee ballot has been
received as follows:
(1) If the voter provides a fax number to which a confirmation
may be sent, the county election board shall send the
confirmation to the voter at the fax number provided by the
voter.
(2) If the voter provides an electronic mail address to which a
confirmation may be sent, the county election board shall send
the confirmation to the voter at the electronic mail address
provided by the voter.
(3) If:
(A) the voter does not provide a fax number or an electronic
mail address; or
(B) the number or address provided does not permit the
board to send the confirmation not later than the end of the
first business day after the board receives the voter's
absentee ballot;
the county election board shall send the confirmation by United
States mail.
The county election board shall send the confirmation required by
this subsection not later than the end of the first business day after
the county election board receives the voter's absentee ballot.
(j) A county election board may transmit an absentee ballot to an
absent uniformed services voter or an overseas voter by electronic
mail under a program authorized and administered by the Federal
Voting Assistance Program of the United States Department of
Defense or directly to the voter at the voter's electronic mail address,
if requested to do so by the voter. A voter described by this section
may transmit the voted absentee ballot to a county election board by
electronic mail in accordance with the procedures established under
this program. An electronic mail message transmitting a voted
absentee ballot under this subsection must include an optically
scanned image of the voter's signature on the statement required
under subsection (h). As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.17;
P.L.14-1987, SEC.3; P.L.10-1989, SEC.8; P.L.7-1990, SEC.43;
P.L.8-1992, SEC.20; P.L.3-1997, SEC.274; P.L.273-2001, SEC.1;
P.L.126-2002, SEC.51; P.L.1-2003, SEC.4; P.L.209-2003, SEC.113;
P.L.198-2005, SEC.2; P.L.66-2010, SEC.14.
IC 3-11-4-6.1 Absentee ballot applications sent by absent uniformed services
voter or overseas voter not later than June 30, 2010; expiration of
section
Sec. 6.1. (a) This section applies to a voter who:
(1) filed an application for an absentee ballot under section 6(e)
of this chapter not later than June 30, 2010; and
(2) indicated on the application that the voter:
(A) was an absent uniformed services voter or overseas
voter;
(B) did not expect to be in the county on the next general
election day following the date the application is filed; and
(C) expects to remain absent from the county until at least
the date of the second general election following the date the
application is filed.
(b) Notwithstanding section 6 of this chapter, the application is an
adequate application for an absentee ballot for both subsequent
general elections and any municipal or special election conducted
during the period described in subsection (a) unless an absentee
ballot mailed to the voter at the address set forth in the application
has been or is returned to the county election board during that
period as undeliverable.
(c) This section expires June 30, 2012. As added by P.L.66-2010, SEC.15.
IC 3-11-4-7 Uniformed services voters, overseas voters, and address
confidentiality voters; requirements for application
Sec. 7. (a) An absentee ballot application under section 6 of this
chapter must be made on a standard form approved under 42 U.S.C.
1973ff(b) or on the form prescribed by the commission under section
5.1 of this chapter.
(b) An absentee ballot application under section 6 of this chapter
from an:
(1) absent uniformed services voter; or
(2) address confidentiality program participant (as defined in
IC 5-26.5-1-6);
must show that the voter or program participant is a resident
otherwise qualified to vote in the precinct.
(c) An absentee ballot application under section 6 of this chapter
from an overseas voter must show that the overseas voter was a
resident and otherwise qualified to vote in the precinct where the
voter resided before leaving the United States. As added by P.L.5-1986, SEC.7. Amended by P.L.14-1987, SEC.4;
P.L.3-1989, SEC.10; P.L.8-1992, SEC.21; P.L.2-1996, SEC.143;
P.L.273-2001, SEC.2; P.L.126-2002, SEC.52.
IC 3-11-4-8 Nonresident overseas voter; entitled to receive only federal ballots;
precinct of voter
Sec. 8. (a) This section applies to an overseas voter described in
IC 3-5-2-34.5(3).
(b) An overseas voter who resides outside the United States and
who is no longer a resident of a precinct in Indiana is only entitled to
receive absentee ballots for a federal office under this chapter.
(c) A voter described in subsection (a) is considered to be a voter
of the Indiana precinct where the voter registration office of the
county where the person was domiciled before leaving the United
States is located. As added by P.L.5-1986, SEC.7. Amended by P.L.14-1987, SEC.5;
P.L.10-1989, SEC.9; P.L.7-1990, SEC.44; P.L.8-1992, SEC.22;
P.L.3-1997, SEC.275; P.L.126-2002, SEC.53; P.L.66-2003, SEC.36;
P.L.198-2005, SEC.3.
IC 3-11-4-9
Repealed
(Repealed by P.L.126-2002, SEC.93.)
IC 3-11-4-10 Estimate of number of ballots required
Sec. 10. Each circuit court clerk shall:
(1) not less than sixty (60) days before the date on which a
general, primary, or municipal election is held; or
(2) not more than three (3) days after the date on which a
special election is ordered;
estimate the number of absentee ballots that will be required in the
county for the election. As added by P.L.5-1986, SEC.7. Amended by P.L.10-1989, SEC.10;
P.L.7-1990, SEC.45.
IC 3-11-4-11
Repealed
(Repealed by P.L.3-1993, SEC.282.)
IC 3-11-4-12
Repealed
(Repealed by P.L.66-2010, SEC.31.)
IC 3-11-4-12.5 Absent uniformed services voter or overseas voter; use of federal
write-in absentee ballot form
Sec. 12.5. (a) This section applies to an absent uniformed services
voter or overseas voter.
(b) If a voter makes a timely application for and does not receive
an absentee ballot from a county election board, the voter may use a
federal write-in absentee ballot in the form prescribed by the Federal
Voting Assistance Program of the United States Department of
Defense and in accordance with the requirements set forth in 42
U.S.C. 1973ff-2 to cast a vote for any of the following:
(1) Any candidate for nomination at a primary election.
(2) Any candidate, political party, or public question on a
general election, municipal election, or special election ballot. As added by P.L.66-2010, SEC.16. IC 3-11-4-13
Repealed
(Repealed by P.L.66-2010, SEC.31.)
IC 3-11-4-14 Ballots other than those specified in IC 3-11-4-12.5; preparation
and printing under direction of county election board
Sec. 14. (a) All absentee ballots other than those specified in
section 12.5 of this chapter shall be prepared and printed under the
direction of each county election board. After completing the
estimate required by section 10 of this chapter and receiving all
certifications from the election division required under IC 3-8 or
IC 3-10, the county election board shall immediately proceed to
prepare and have printed the ballots.
(b) Except as provided in subsection (c), ballots prepared by the
county election board under this section must provide space for the
voter to cast a write-in ballot.
(c) Space for write-in voting for an office is not required if there
are no declared write-in candidates for that office. However,
procedures must be implemented to permit write-in voting for
candidates for federal offices. As added by P.L.5-1986, SEC.7. Amended by P.L.4-1991, SEC.70;
P.L.66-2003, SEC.38; P.L.14-2004, SEC.104; P.L.66-2010, SEC.17.
IC 3-11-4-15 Ballots prepared and printed under direction of county election
board; delivery to circuit court clerk
Sec. 15. The absentee ballots that are prepared and printed under
the direction of a county election board shall be delivered to the
circuit court clerk (or the board acting under IC 3-6-5.2) at least fifty
(50) days before a general, primary, special, or municipal election. As added by P.L.5-1986, SEC.7. Amended by P.L.10-1989, SEC.11;
P.L.3-1997, SEC.278; P.L.66-2003, SEC.39; P.L.66-2010, SEC.18.
IC 3-11-4-16 Marking on label attached to package of ballots delivered to circuit
court clerk; distribution of ballots
Sec. 16. Each package of absentee ballots delivered to a circuit
court clerk shall be plainly marked, on an appropriate attached label,
with the words: "This package contains _______ (giving number of
ballots) absentee ballots." The clerk shall securely keep all ballots in
the clerk's office and shall distribute them to applicants as provided
in this chapter. As added by P.L.5-1986, SEC.7.
IC 3-11-4-17 Filing of application received; recording of information
Sec. 17. Upon receipt of an application for an absentee ballot, a
circuit court clerk shall file the application in the clerk's office and
record all of the following:
(1) The voter's name.
(2) The date the application is received.
(3) The date the ballot is sent to the voter.
(4) If mailed, the address to which the ballot is sent.
(5) If transmitted by fax, the fax number to which the ballot is
faxed.
(6) The date the ballot is marked before the clerk or otherwise
received from the voter.
(7) The combined total number of absentee ballots sent by the
county to absent uniformed services voters and overseas voters.
(8) The total number of absentee ballots returned by voters
described in subdivision (7) in time to be counted.
(9) The total number of absentee ballots described in
subdivision (7) that were counted in whole or in part.
(10) Any other information that is necessary or advisable. As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.54;
P.L.198-2005, SEC.6.
IC 3-11-4-17.5 Application by voter not residing in precinct; denial of application;
referral to county election board; filing additional documentation
Sec. 17.5. (a) Upon receiving an application for an absentee
ballot, the county election board (or the absentee voter board in the
office of the circuit court clerk) shall determine if:
(1) the applicant is a voter of the precinct in which the applicant
resides, according to the records of the county voter registration
office;
(2) the information set forth on the application appears to be
true; and
(3) the application has been completed and filed in accordance
with Indiana and federal law.
If the members of the absentee voter board are unable to agree about
any of the determinations described in subdivisions (1) through (3),
the issue shall be referred to the county election board for
determination. If the application is submitted by a voter wanting to
cast an absentee ballot under IC 3-11-10-26, the voter shall be
permitted to cast an absentee ballot, and the voter's absentee ballot
shall be treated as a provisional ballot.
(b) If:
(1) the applicant is not a voter of the precinct according to the
registration record; or
(2) the application as completed and filed:
(A) contains a false statement; or
(B) does not otherwise comply with Indiana or federal law;
as alleged under section 18.5 of this chapter, the county election
board shall deny the application.
(c) This subsection applies to an absentee ballot application
submitted by an absent uniformed services voter or an overseas
voter. In accordance with 42 U.S.C. 1973ff-1(d), if the application is
denied, the county election board shall provide the voter with the
reasons for the denial of the application. Unless the voter is present
when the board denies the application, the board shall send a written
notice stating the reasons for the denial to the voter. The notice must
be sent:
(1) not later than forty-eight (48) hours after the application is
denied; and
(2) to the voter at the address at which the voter requested that
the absentee ballot be mailed.
(d) If the county election board determines that the applicant is a
voter of the precinct under subsection (a), the board shall then
determine whether:
(1) the applicant was required to file any additional
documentation under IC 3-7-33-4.5; and
(2) the applicant has filed this documentation according to the
records of the county voter registration office.
If the applicant has not filed the required documentation, the county
election board shall approve the application if the application
otherwise complies with this chapter. The board shall add a notation
to the application and to the record compiled under section 17 of this
chapter indicating that the applicant will be required to provide
additional documentation to the county voter registration office
under IC 3-7-33-4.5 before the absentee ballot may be counted.
(e) If the applicant:
(1) is a voter of the precinct according to the registration record;
(2) states on the application that the applicant resides at an
address that is within the same precinct but is not the same
address shown on the registration record; and
(3) provides a voter identification number on the application to
permit transfer of registration under IC 3-7-13-13;
the county election board shall direct the county voter registration
office to transfer the applicant's voter registration address to the
address within the precinct shown on the application. The applicant's
application for an absentee ballot shall be approved if the applicant
is otherwise eligible to receive the ballot under this chapter. As added by P.L.3-1997, SEC.279. Amended by P.L.209-2003,
SEC.114; P.L.103-2005, SEC.5; P.L.164-2006, SEC.92.
IC 3-11-4-17.7 Replacement official ballots
Sec. 17.7. (a) This section applies when a voter:
(1) has been mailed the official ballot under this chapter; and
(2) notifies the county election board that the ballot has been
destroyed, spoiled, lost, or not received by the voter after a
reasonable time has elapsed for delivery of the ballot by mail.
(b) As required under 42 U.S.C. 15481, the voter may obtain a
replacement official ballot under the procedures set forth in this
chapter after the voter files a statement with the county election
board. The statement must affirm, under penalties of perjury, that the
voter did not receive the official ballot (or that the ballot was
received by the voter, but was destroyed, spoiled, or lost), and must
set forth any facts known by the voter concerning the destruction,
spoiling, or loss of the ballot.
(c) After a voter files the statement required under subsection (b),
the county election board may issue a replacement official ballot to
the voter in accordance with this chapter and shall include
information regarding the official replacement ballot in the
certification provided to the precinct inspector under section 22 of
this chapter.
(d) After receiving the official replacement ballot, the voter shall
destroy any spoiled ballot in the possession of the voter or any lost
or delayed official ballot that comes into the possession of the voter. As added by P.L.4-1996, SEC.67. Amended by P.L.209-2003,
SEC.115.
IC 3-11-4-17.8 Official replacement ballots; procedures
Sec. 17.8. (a) This section applies to a replacement ballot issued
under section 17.7 of this chapter.
(b) The county election board shall enclose the official
replacement ballot in an envelope that complies with section 20 of
this chapter. The envelope must contain a notation that the envelope
contains an official replacement ballot.
(c) If the county election board receives both an original absentee
ballot and an official replacement ballot issued under section 17.7 of
this chapter from the same voter, the board shall reject the original
absentee ballot and deliver only the official replacement ballot to the
precinct election board. As added by P.L.3-1997, SEC.280.
IC 3-11-4-18 Mailing of ballots; additional documentation; voter education
program
Sec. 18. (a) If a voter satisfies any of the qualifications described
in IC 3-11-10-24 that entitle a voter to cast an absentee ballot by
mail, the county election board shall, at the request of the voter, mail
the official ballot, postage fully prepaid, to the voter at the address
stated in the application.
(b) If the county election board mails an absentee ballot to a voter
required to file additional documentation with the county voter
registration office before voting by absentee ballot under this
chapter, the board shall include a notice to the voter in the envelope
mailed to the voter under section 20 of this chapter. The notice must
inform the voter that the voter must file the additional documentation
required under IC 3-7-33-4.5 with the county voter registration office
not later than noon on election day for the absentee ballot to be
counted as an absentee ballot, and that, if the documentation required
under IC 3-7-33-4.5 is filed after noon and before 6 p.m. on election
day, the ballot will be processed as a provisional ballot. The
commission shall prescribe the form of this notice under IC 3-5-4-8.
(c) Except as provided in section 18.5 of this chapter, the ballot
shall be mailed:
(1) on the day of the receipt of the voter's application; or
(2) not more than five (5) days after the date of delivery of the
ballots under section 15 of this chapter;
whichever is later.
(d) As required by 42 U.S.C. 15481, an election board shall
establish a voter education program (specific to a paper ballot or
optical scan ballot card provided as an absentee ballot under this
chapter) to notify a voter of the effect of casting multiple votes for a
single office.
(e) As provided by 42 U.S.C. 15481, when an absentee ballot is
mailed under this section, the mailing must include:
(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.229;
P.L.10-1988, SEC.105; P.L.4-1991, SEC.71; P.L.3-1993, SEC.128;
P.L.3-1995, SEC.99; P.L.126-2002, SEC.55; P.L.209-2003,
SEC.116; P.L.14-2004, SEC.105; P.L.103-2005, SEC.6;
P.L.164-2006, SEC.93; P.L.66-2010, SEC.19.
IC 3-11-4-18.5 Challenge absentee voter application; affidavit; referral to county
election board
Sec. 18.5. (a) Upon receipt of an absentee ballot application, a
member of the county election board or a member of an absentee
voter board may file an affidavit with the county election board
alleging that the application:
(1) was not submitted by a voter of the precinct;
(2) contains a false statement; or
(3) has not been executed or filed in accordance with Indiana or
federal law.
(b) The affidavit must be in a form prescribed by the commission
and state the following:
(1) The name and title of the individual filing the affidavit.
(2) A brief statement of the facts known or believed by the
individual regarding why:
(A) the applicant is not a voter of the precinct;
(B) the application contains a false statement; or
(C) the application has not been executed or filed in
accordance with Indiana or federal law.
(3) That the individual is executing the affidavit under the
penalties of perjury.
(4) The penalties for perjury.
(c) Upon the filing of the affidavit, the approval or denial of the
application shall be referred to the county election board, which shall
promptly conduct a hearing on the matter.
(d) The county election board may act under IC 3-6-5-31 to refer
the matter to the appropriate prosecuting attorney.
As added by P.L.103-2005, SEC.7.
IC 3-11-4-19 Necessity of circuit court clerk's official seal and signature and
initials of members of absentee voter board on ballot mailed
Sec. 19. (a) Subject to IC 3-5-4-9, a ballot that is mailed must bear
the circuit court clerk's official seal and signature or facsimile
signature on the back of the ballot. Before the ballot is mailed:
(1) the two (2) members of the absentee voter board in the
office of the circuit court clerk; or
(2) the two (2) appointed members of the county election board
or their designated representatives;
shall place their initials in ink on the back of the ballot. The initials
must be in the persons' ordinary handwriting or printing and without
a distinguishing mark of any kind. No other initialing of the absentee
ballot is necessary.
(b) An absentee ballot that is voted before an absentee voter board
under IC 3-11-10-25 or IC 3-11-10-26 must bear the seal, signature,
and initials prescribed by IC 3-11-10-27. As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.18;
P.L.3-1987, SEC.230; P.L.263-2003, SEC.2.
IC 3-11-4-20 Envelope; enclosure of ballot; addressee
Sec. 20. An absentee ballot mailed under section 18 of this
chapter shall be enclosed in an envelope, unsealed and stamped for
return to the county election board by at least first class mail. One (1)
side of the envelope must bear the name, official title, and post office
address of the county election board. The pre-addressed, stamped
envelope shall be furnished by the county election board. As added by P.L.5-1986, SEC.7.
IC 3-11-4-21 Envelope; affidavit
Sec. 21. (a) On the other side of the envelope required by section
20 of this chapter shall be printed an affidavit in conformity with 42
U.S.C. 1973ff-1(b), providing that the voter affirms under penalty of
perjury that the following information is true:
(1) The name of the precinct and township (or ward and city or
town).
(2) That the voter is:
(A) a resident of; or
(B) entitled under IC 3-10-11 or IC 3-10-12 to vote in;
the precinct.
(3) The voter's complete residence address, including the name
of the city or town and county.
(4) That the voter is entitled to vote in the precinct, the type of
election to be held, and the date of the election.
(5) That:
(A) the voter has personally marked the enclosed ballot or
ballots in secret and has enclosed them in this envelope and
sealed them without exhibiting them to any other person;
(B) the voter personally marked the enclosed ballot or
ballots, enclosed them in this envelope, and sealed them with
the assistance of an individual whose name is listed on the
envelope and who affirms under penalty of perjury that the
voter was not coerced or improperly influenced by the
individual assisting the voter or any other person, in a
manner prohibited by state or federal law, to cast the ballot
for or against any candidate, political party, or public
question; or
(C) as the properly authorized attorney in fact for the
undersigned under IC 30-5-5-14, the attorney in fact affirms
the voter personally marked the enclosed ballot or ballots in
secret and enclosed them in this envelope and sealed them
without exhibiting them to the attorney in fact or to any
other person.
(6) The date and the voter's signature.
(b) If the affidavit is signed by an attorney in fact, the name of the
attorney in fact must be indicated.
(c) A guardian or conservator of an individual may not sign an
affidavit for the individual under this section unless the guardian or
conservator also holds a power of attorney authorizing the guardian
or conservator to sign the affidavit.
(d) The side of the envelope containing this affidavit must also set
forth the penalties for perjury. As added by P.L.5-1986, SEC.7. Amended by P.L.17-1993, SEC.12;
P.L.12-1995, SEC.79; P.L.3-1995, SEC.100; P.L.3-1997, SEC.281;
P.L.38-1999, SEC.40; P.L.209-2003, SEC.117; P.L.103-2005,
SEC.8.
IC 3-11-4-22 Duties of circuit court clerk
Sec. 22. Each circuit court clerk shall do both of the following:
(1) Keep a separate absentee ballot record for each precinct in
the county.
(2) Certify to each inspector, at the time that the absentee
ballots are delivered, all the following:
(A) The number of absentee ballots sent to each absentee
voter.
(B) The number of absentee ballots marked before the clerk.
(C) The names of the voters to whom the ballots were sent
or who marked ballots in person. As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.56.
IC 3-11-4
Chapter 4. Eligibility and Application for Absentee Ballot
IC 3-11-4-0.5 When an absentee ballot is considered sent to a voter
Sec. 0.5. For purposes of this chapter, an absentee ballot
application or an absentee ballot is considered "sent" to a voter if the
application or ballot is:
(1) sent by United States mail addressed to the voter;
(2) transmitted by fax to a number provided by the voter; or
(3) personally given to the voter. As added by P.L.126-2002, SEC.46.
IC 3-11-4-1 Entitlement to vote by absentee ballot in clerk's office or satellite
office; conditions
Sec. 1. (a) A voter who is otherwise qualified to vote in person is
entitled to vote by absentee ballot. Except as otherwise provided in
this article, a voter voting by absentee ballot must vote in the office
of the circuit court clerk (or board of elections and registration in a
county subject to IC 3-6-5.2) or at a satellite office established under
IC 3-11-10-26.3.
(b) A county election board, by unanimous vote of its entire
membership, may authorize a person who is otherwise qualified to
vote in person to vote by absentee ballot if the board determines that
the person has been hospitalized or suffered an injury following the
final date and hour for applying for an absentee ballot that would
prevent the person from voting in person at the polls.
(c) The commission, by unanimous vote of its entire membership,
may authorize a person who is otherwise qualified to vote in person
to vote by absentee ballot if the commission determines that an
emergency prevents the person from voting in person at a polling
place.
(d) The absentee ballots used in subsection (b) or (c) must be the
same official absentee ballots as described in section 12.5 of this
chapter. Taking into consideration the amount of time remaining
before the election, the commission shall determine whether the
absentee ballots are transmitted to and from the voter by mail or
personally delivered. An absentee ballot that is personally delivered
shall comply with the requirements in sections 19, 20, and 21 of this
chapter. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.223;
P.L.7-1990, SEC.40; P.L.4-1991, SEC.67; P.L.3-1993, SEC.124;
P.L.17-1993, SEC.10; P.L.1-1994, SEC.4; P.L.12-1995, SEC.76;
P.L.3-1995, SEC.98; P.L.2-1996, SEC.140; P.L.126-2002, SEC.47;
P.L.14-2004, SEC.101; P.L.66-2010, SEC.9.
IC 3-11-4-2 Application for absentee ballot; completion; execution; handling;
affidavits
Sec. 2. (a) A voter who wants to vote by absentee ballot must
apply to the county election board for an official absentee ballot.
Except as provided in subsection (b), the voter must sign the
absentee ballot application.
(b) If a voter with disabilities is unable to sign the absentee ballot
application and the voter has not designated an individual to serve as
attorney in fact for the voter, the county election board may
designate an individual to sign the application on behalf of the voter.
If an individual applies for an absentee ballot as the properly
authorized attorney in fact for a voter, the attorney in fact must attach
a copy of the power of attorney to the application.
(c) A person may provide an individual with an application for an
absentee ballot with the following information already printed or
otherwise set forth on the application when provided to the
individual:
(1) The name of the individual.
(2) The voter registration address of the individual.
(3) The mailing address of the individual.
(4) The date of birth of the individual.
(5) The voter identification number of the individual.
(d) A person may not provide an individual with an application
for an absentee ballot with the following information already printed
or otherwise set forth on the application when provided to the
individual:
(1) The address to which the absentee ballot would be mailed,
if different from the voter registration address of the individual.
(2) In a primary election, the major political party ballot
requested by the individual.
(3) In a primary or general election, the types of absentee
ballots requested by the individual.
(4) The reason why the individual is entitled to vote an absentee
ballot:
(A) by mail; or
(B) before an absentee voter board (other than an absentee
voter board located in the office of the circuit court clerk or
a satellite office);
in accordance with IC 3-11-4-18, IC 3-11-10-24, or
IC 3-11-10-25.
(e) If the county election board determines that an absentee ballot
application does not comply with subsection (d), the board shall deny
the application under section 17.5 of this chapter.
(f) A person who assists an individual in completing any
information described in subsection (d) on an absentee ballot
application shall state under the penalties for perjury the following
information on the application:
(1) The full name, residence and mailing address, and daytime
and evening telephone numbers (if any) of the person providing
the assistance.
(2) The date this assistance was provided.
(3) That the person providing the assistance has complied with
Indiana laws governing the submission of absentee ballot
applications.
(4) That the person has no knowledge or reason to believe that
the individual submitting the application:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(g) This subsection does not apply to an employee of the United
States Postal Service or a bonded courier company acting in the
individual's capacity as an employee of the United States Postal
Service or a bonded courier company. A person who receives a
completed absentee ballot application from the individual who has
applied for the absentee ballot shall file the application with the
appropriate county election board not later than:
(1) noon seven (7) days after the person receives the
application; or
(2) the deadline set by Indiana law for filing the application
with the board;
whichever occurs first.
(h) This subsection does not apply to an employee of the United
States Postal Service or a bonded courier company acting in the
individual's capacity as an employee of the United States Postal
Service or a bonded courier company. A person filing an absentee
ballot application, other than the person's own absentee ballot
application, must sign an affidavit at the time of filing the
application. The affidavit must be in a form prescribed by the
commission. The form must include the following:
(1) A statement of the full name, residence and mailing address,
and daytime and evening telephone numbers (if any) of the
person submitting the application.
(2) A statement that the person filing the affidavit has complied
with Indiana laws governing the submission of absentee ballot
applications.
(3) A statement that the person has no knowledge or reason to
believe that the individual whose application is to be filed:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(4) A statement that the person is executing the affidavit under
the penalties of perjury.
(5) A statement setting forth the penalties for perjury.
(i) The county election board shall record the date and time of the
filing of the affidavit. As added by P.L.5-1986, SEC.7. Amended by P.L.38-1999, SEC.37;
P.L.126-2002, SEC.48; P.L.103-2005, SEC.2.
IC 3-11-4-3 Deadline for receipt of absentee ballot application
Sec. 3. Except as provided in section 6 of this chapter, an
application for an absentee ballot must be received by the circuit
court clerk (or, in a county subject to IC 3-6-5.2, the director of the
board of elections and registration) not earlier than the date the
registration period resumes following a primary election under
IC 3-7-13-10 nor later than the following:
(1) Noon on election day if the voter registers to vote under
IC 3-7-36-14.
(2) Noon on the day before election day if the voter completes
the application in the office of the circuit court clerk or is an
absent uniformed services voter or overseas voter who requests
that the ballot be transmitted by electronic mail or fax under
section 6(h) of this chapter.
(3) Noon on the day before election day if:
(A) the application is a mailed, transmitted by fax, or hand
delivered application from a confined voter or voter caring
for a confined person; and
(B) the applicant requests that the absentee ballots be
delivered to the applicant by an absentee voter board.
(4) Midnight on the eighth day before election day if the
application:
(A) is a mailed application; or
(B) was transmitted by fax;
from other voters. As added by P.L.5-1986, SEC.7. Amended by P.L.14-1987, SEC.1;
P.L.3-1987, SEC.224; P.L.10-1988, SEC.103; P.L.5-1989, SEC.50;
P.L.7-1990, SEC.41; P.L.12-1992, SEC.8; P.L.8-1992, SEC.17;
P.L.3-1997, SEC.273; P.L.38-1999, SEC.38; P.L.176-1999, SEC.67;
P.L.126-2002, SEC.49; P.L.1-2003, SEC.3; P.L.14-2004, SEC.102;
P.L.103-2005, SEC.3; P.L.66-2010, SEC.10.
IC 3-11-4-4 Manner of making application; furnished forms; fax and electronic
mail applications
Sec. 4. (a) Applications may be made on application forms
approved by the commission by any of the following means:
(1) In person.
(2) By fax transmission.
(3) By mail (including United States mail or bonded courier).
(4) By electronic mail with a scanned image of the application
and signature of the applicant, if transmitted by an absent
uniformed services voter or an overseas voter acting under
section 6 of this chapter.
(b) Application forms shall:
(1) be furnished to a central committee of the county at the
request of the central committee;
(2) be:
(A) mailed;
(B) transmitted by fax; or
(C) transmitted by electronic mail with a scanned image of
the application;
upon request, to a voter applying by mail, by telephone, by
electronic mail, or by fax; and
(3) be delivered to a voter in person who applies at the circuit
court clerk's office.
(c) A county election board shall accept an application for an
absentee ballot transmitted by fax even though the application is
delivered to the county election board by a person other than the
person submitting the application.
(d) When an application is received under subsection (a)(4), the
circuit court clerk's office (or, in a county subject to IC 3-6-5.2 or
IC 3-6-5.4, the office of the board of elections and registration) shall
send an electronic mail receipt acknowledging receipt of the voter's
application. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.225;
P.L.5-1989, SEC.51; P.L.10-1989, SEC.6; P.L.8-1992, SEC.18;
P.L.3-1993, SEC.125; P.L.2-1996, SEC.141; P.L.126-2002, SEC.50;
P.L.120-2009, SEC.6; P.L.66-2010, SEC.11.
IC 3-11-4-5
Repealed
(Repealed by P.L.8-1992, SEC.43.)
IC 3-11-4-5.1 Application form; prescribed by commission
Sec. 5.1. (a) The commission shall prescribe the form of an
application for an absentee ballot.
(b) This subsection does not apply to the form for an absentee
ballot application to be submitted by an absent uniformed services
voter or overseas voter that contains a standardized oath for those
voters. The form of the application for an absentee ballot must do all
of the following:
(1) Require the applicant to swear to or affirm under the
penalties of perjury that all of the information set forth on the
application is true to the best of the applicant's knowledge and
belief.
(2) Require a person who assisted with the completion of the
application to swear to or affirm under the penalties of perjury
the statements set forth in section 2(f) of this chapter.
(3) Set forth the penalties for perjury.
(c) The form prescribed by the commission shall require that a
voter who:
(1) requests an absentee ballot; and
(2) is eligible to vote in the precinct under IC 3-10-11 or
IC 3-10-12;
must include the affidavit required by IC 3-10-11 or a written
affirmation described in IC 3-10-12. As added by P.L.8-1992, SEC.19. Amended by P.L.17-1993, SEC.11;
P.L.12-1995, SEC.77; P.L.2-1996, SEC.142; P.L.103-2005, SEC.4;
P.L.1-2006, SEC.5.
IC 3-11-4-5.5 Election division designated as single office for voter registration
and absentee ballot procedures for overseas and absent uniformed
services voters
Sec. 5.5. In accordance with 42 U.S.C. 1973ff-1(b), but subject to
section 5.7 of this chapter, the election division is designated as the
single office in Indiana responsible for providing information
regarding voter registration procedures under IC 3-7 and absentee
ballot procedures under this chapter to be used by absent uniformed
services voters and overseas voters who wish to register to vote or
vote in any jurisdiction in Indiana. As added by P.L.209-2003, SEC.112. Amended by P.L.66-2010,
SEC.12.
IC 3-11-4-5.7 Military and Overseas Voter Empowerment Act; delegation of
authority to counties; designation of communications means;
providing applications to voters; security and privacy of
application requests; providing information to voters; free access
system
Sec. 5.7. (a) As used in this section, "MOVE" refers to the
Military and Overseas Voter Empowerment Act (Sections 577
through 589 of the National Defense Authorization Act for Fiscal
Year 2010).
(b) Except as expressly provided by law, the state delegates its
responsibilities to carry out the requirements of MOVE to each
county election board (or board of elections and registration
established under IC 3-6-5.2 or IC 3-6-5.4).
(c) To implement 42 U.S.C. 1973ff-1, electronic mail, fax, and
web publication are designated as means of communication for an
absent uniformed services voter or an overseas voter to request a
voter registration application and an absentee ballot application from
the election division, a county election board, or a county voter
registration office.
(d) An office described in subsection (c) that receives an
electronic mail or fax from a voter shall provide an absentee ballot
application or a voter registration application by electronic mail or
fax to the voter if:
(1) requested by the voter; and
(2) the voter provides an electronic mail address or a fax
number that permits the office to send an application not later
than the end of the first business day after the office receives
the communication from the voter.
If the electronic mail address or the fax number provided by the voter
does not permit the office to send the voter an application not later
than the end of the first business day after the office receives the
communication, the office shall send the application to the voter by
United States mail.
(e) As required by 42 U.S.C. 1973ff-1, to the extent practicable
and permitted under state law (including IC 3-7 and IC 5-14-3), an
office described in subsection (c) shall ensure that the procedures
used to transmit an absentee ballot application or a voter registration
application to an absent uniformed services voter or overseas voter
protect the security and integrity of the application request processes,
and that the privacy of the identity and other personal data of the
voter who requests or is sent an application under subsection (d) is
protected throughout the process of making the request or being sent
the application.
(f) As required under 42 U.S.C. 1973ff-1, an office described in
subsection (c) shall include information regarding the use of
electronic mail, fax, and web publication with all informational and
instructional materials that are sent with an absentee ballot
application or an absentee ballot to an absent uniformed services
voter or overseas voter.
(g) To implement Section 580 of MOVE, and in accordance with
IC 3-7-26.3-3, the secretary of state, with the approval of the election
division, shall develop a free access system that permits an absent
uniformed services voter or overseas voter to determine whether the
voter's absentee ballot has been received by the appropriate county
election board (or board of elections and registration), regardless of
the manner in which the absentee ballot was transmitted by the voter
to the board. To the extent permitted by IC 3-7 and IC 5-14-3, the
system must contain reasonable procedures to protect the security,
confidentiality, and integrity of personal information collected,
stored, or otherwise used on the system. As added by P.L.66-2010, SEC.13.
IC 3-11-4-6 Absent uniformed services voters, overseas voters, and address
confidentiality voters; transmission of applications and ballots
Sec. 6. (a) This section applies, notwithstanding any other
provision of this title, to absentee ballot applications for the
following:
(1) An absent uniformed services voter.
(2) An address confidentiality program participant (as defined
in IC 5-26.5-1-6).
(3) An overseas voter.
(b) A county election board shall make blank absentee ballot
applications available for persons covered by this section after
November 20 preceding the election to which the application applies.
Except as provided in subsection (c), the person may apply for an
absentee ballot at any time after the applications are made available.
(c) A person covered by this section may apply for an absentee
ballot for the next scheduled primary, general, or special election at
any time by filing either of the following:
(1) A combined absentee registration form and absentee ballot
request approved under 42 U.S.C. 1973ff(b)(2).
(2) A form prescribed under IC 3-5-4-8 that identifies the
applicant as an absent uniformed services voter or an overseas
voter. A form prescribed under this subdivision must permit the
applicant to designate whether the applicant wishes to receive
the absentee ballot by electronic mail, fax, or United States
mail.
(d) If the county election board receives an absentee ballot
application from a person described by subsection (c), the circuit
court clerk shall mail to the person, free of postage as provided by 39
U.S.C. 3406, all ballots for the election immediately upon receipt of
the ballots under section 15 of this chapter, unless the person has
indicated under subsection (c) that the person wishes to receive the
absentee ballot by electronic mail or fax.
(e) Whenever a voter files an application for an absentee ballot
and indicates on the application that the voter:
(1) is an absent uniformed services voter or an overseas voter;
and
(2) does not expect to be in the county during the twelve (12)
months following the date the application is filed;
the application is an adequate application for an absentee ballot for
both subsequent general elections and any municipal or special
election conducted during that period, unless an absentee ballot
mailed to the voter at the address set forth in the application is
returned to the county election board during that period as
undeliverable. The circuit court clerk and county election board shall
process this application and send general election absentee ballots to
the voter in the same manner as other general election and special
election absentee ballot applications and ballots are processed and
sent under this chapter.
(f) Whenever a voter described in subsection (a)(2) files an
application for a primary election absentee ballot and indicates on
the application that the voter is an address confidentiality program
participant, the application is an adequate application for a general
election absentee ballot under this chapter and an absentee ballot for
a special election conducted during the twelve (12) months following
the date of the application. The circuit court clerk and county
election board shall process this application and send general
election and special election absentee ballots to the voter in the same
manner as other general election and special election absentee ballot
applications and ballots are processed and sent under this chapter.
(g) The name, address, telephone number, and any other
identifying information relating to a program participant (as defined
in IC 5-26.5-1-6) in the address confidentiality program, as contained
in a voting registration record, is declared confidential for purposes
of IC 5-14-3-4(a)(1). The county voter registration office may not
disclose for public inspection or copying a name, an address, a
telephone number, or any other information described in this
subsection, as contained in a voting registration record, except as
follows:
(1) To a law enforcement agency, upon request.
(2) As directed by a court order.
(h) The county election board shall by fax or electronic mail
transmit an absentee ballot to and receive an absentee ballot from an
absent uniformed services voter or an overseas voter by electronic
mail or fax at the request of the voter indicated in the application
filed under this section. If the voter wants to submit absentee ballots
by fax or electronic mail, the voter must separately sign and date a
statement submitted with the electronic mail or the fax transmission
that states substantively the following: "I understand that by faxing
or e-mailing my voted ballot I am voluntarily waiving my right to a
secret ballot.".
(i) The county election board shall send confirmation to a voter
described in subsection (h) that the voter's absentee ballot has been
received as follows:
(1) If the voter provides a fax number to which a confirmation
may be sent, the county election board shall send the
confirmation to the voter at the fax number provided by the
voter.
(2) If the voter provides an electronic mail address to which a
confirmation may be sent, the county election board shall send
the confirmation to the voter at the electronic mail address
provided by the voter.
(3) If:
(A) the voter does not provide a fax number or an electronic
mail address; or
(B) the number or address provided does not permit the
board to send the confirmation not later than the end of the
first business day after the board receives the voter's
absentee ballot;
the county election board shall send the confirmation by United
States mail.
The county election board shall send the confirmation required by
this subsection not later than the end of the first business day after
the county election board receives the voter's absentee ballot.
(j) A county election board may transmit an absentee ballot to an
absent uniformed services voter or an overseas voter by electronic
mail under a program authorized and administered by the Federal
Voting Assistance Program of the United States Department of
Defense or directly to the voter at the voter's electronic mail address,
if requested to do so by the voter. A voter described by this section
may transmit the voted absentee ballot to a county election board by
electronic mail in accordance with the procedures established under
this program. An electronic mail message transmitting a voted
absentee ballot under this subsection must include an optically
scanned image of the voter's signature on the statement required
under subsection (h). As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.17;
P.L.14-1987, SEC.3; P.L.10-1989, SEC.8; P.L.7-1990, SEC.43;
P.L.8-1992, SEC.20; P.L.3-1997, SEC.274; P.L.273-2001, SEC.1;
P.L.126-2002, SEC.51; P.L.1-2003, SEC.4; P.L.209-2003, SEC.113;
P.L.198-2005, SEC.2; P.L.66-2010, SEC.14.
IC 3-11-4-6.1 Absentee ballot applications sent by absent uniformed services
voter or overseas voter not later than June 30, 2010; expiration of
section
Sec. 6.1. (a) This section applies to a voter who:
(1) filed an application for an absentee ballot under section 6(e)
of this chapter not later than June 30, 2010; and
(2) indicated on the application that the voter:
(A) was an absent uniformed services voter or overseas
voter;
(B) did not expect to be in the county on the next general
election day following the date the application is filed; and
(C) expects to remain absent from the county until at least
the date of the second general election following the date the
application is filed.
(b) Notwithstanding section 6 of this chapter, the application is an
adequate application for an absentee ballot for both subsequent
general elections and any municipal or special election conducted
during the period described in subsection (a) unless an absentee
ballot mailed to the voter at the address set forth in the application
has been or is returned to the county election board during that
period as undeliverable.
(c) This section expires June 30, 2012. As added by P.L.66-2010, SEC.15.
IC 3-11-4-7 Uniformed services voters, overseas voters, and address
confidentiality voters; requirements for application
Sec. 7. (a) An absentee ballot application under section 6 of this
chapter must be made on a standard form approved under 42 U.S.C.
1973ff(b) or on the form prescribed by the commission under section
5.1 of this chapter.
(b) An absentee ballot application under section 6 of this chapter
from an:
(1) absent uniformed services voter; or
(2) address confidentiality program participant (as defined in
IC 5-26.5-1-6);
must show that the voter or program participant is a resident
otherwise qualified to vote in the precinct.
(c) An absentee ballot application under section 6 of this chapter
from an overseas voter must show that the overseas voter was a
resident and otherwise qualified to vote in the precinct where the
voter resided before leaving the United States. As added by P.L.5-1986, SEC.7. Amended by P.L.14-1987, SEC.4;
P.L.3-1989, SEC.10; P.L.8-1992, SEC.21; P.L.2-1996, SEC.143;
P.L.273-2001, SEC.2; P.L.126-2002, SEC.52.
IC 3-11-4-8 Nonresident overseas voter; entitled to receive only federal ballots;
precinct of voter
Sec. 8. (a) This section applies to an overseas voter described in
IC 3-5-2-34.5(3).
(b) An overseas voter who resides outside the United States and
who is no longer a resident of a precinct in Indiana is only entitled to
receive absentee ballots for a federal office under this chapter.
(c) A voter described in subsection (a) is considered to be a voter
of the Indiana precinct where the voter registration office of the
county where the person was domiciled before leaving the United
States is located. As added by P.L.5-1986, SEC.7. Amended by P.L.14-1987, SEC.5;
P.L.10-1989, SEC.9; P.L.7-1990, SEC.44; P.L.8-1992, SEC.22;
P.L.3-1997, SEC.275; P.L.126-2002, SEC.53; P.L.66-2003, SEC.36;
P.L.198-2005, SEC.3.
IC 3-11-4-9
Repealed
(Repealed by P.L.126-2002, SEC.93.)
IC 3-11-4-10 Estimate of number of ballots required
Sec. 10. Each circuit court clerk shall:
(1) not less than sixty (60) days before the date on which a
general, primary, or municipal election is held; or
(2) not more than three (3) days after the date on which a
special election is ordered;
estimate the number of absentee ballots that will be required in the
county for the election. As added by P.L.5-1986, SEC.7. Amended by P.L.10-1989, SEC.10;
P.L.7-1990, SEC.45.
IC 3-11-4-11
Repealed
(Repealed by P.L.3-1993, SEC.282.)
IC 3-11-4-12
Repealed
(Repealed by P.L.66-2010, SEC.31.)
IC 3-11-4-12.5 Absent uniformed services voter or overseas voter; use of federal
write-in absentee ballot form
Sec. 12.5. (a) This section applies to an absent uniformed services
voter or overseas voter.
(b) If a voter makes a timely application for and does not receive
an absentee ballot from a county election board, the voter may use a
federal write-in absentee ballot in the form prescribed by the Federal
Voting Assistance Program of the United States Department of
Defense and in accordance with the requirements set forth in 42
U.S.C. 1973ff-2 to cast a vote for any of the following:
(1) Any candidate for nomination at a primary election.
(2) Any candidate, political party, or public question on a
general election, municipal election, or special election ballot. As added by P.L.66-2010, SEC.16. IC 3-11-4-13
Repealed
(Repealed by P.L.66-2010, SEC.31.)
IC 3-11-4-14 Ballots other than those specified in IC 3-11-4-12.5; preparation
and printing under direction of county election board
Sec. 14. (a) All absentee ballots other than those specified in
section 12.5 of this chapter shall be prepared and printed under the
direction of each county election board. After completing the
estimate required by section 10 of this chapter and receiving all
certifications from the election division required under IC 3-8 or
IC 3-10, the county election board shall immediately proceed to
prepare and have printed the ballots.
(b) Except as provided in subsection (c), ballots prepared by the
county election board under this section must provide space for the
voter to cast a write-in ballot.
(c) Space for write-in voting for an office is not required if there
are no declared write-in candidates for that office. However,
procedures must be implemented to permit write-in voting for
candidates for federal offices. As added by P.L.5-1986, SEC.7. Amended by P.L.4-1991, SEC.70;
P.L.66-2003, SEC.38; P.L.14-2004, SEC.104; P.L.66-2010, SEC.17.
IC 3-11-4-15 Ballots prepared and printed under direction of county election
board; delivery to circuit court clerk
Sec. 15. The absentee ballots that are prepared and printed under
the direction of a county election board shall be delivered to the
circuit court clerk (or the board acting under IC 3-6-5.2) at least fifty
(50) days before a general, primary, special, or municipal election. As added by P.L.5-1986, SEC.7. Amended by P.L.10-1989, SEC.11;
P.L.3-1997, SEC.278; P.L.66-2003, SEC.39; P.L.66-2010, SEC.18.
IC 3-11-4-16 Marking on label attached to package of ballots delivered to circuit
court clerk; distribution of ballots
Sec. 16. Each package of absentee ballots delivered to a circuit
court clerk shall be plainly marked, on an appropriate attached label,
with the words: "This package contains _______ (giving number of
ballots) absentee ballots." The clerk shall securely keep all ballots in
the clerk's office and shall distribute them to applicants as provided
in this chapter. As added by P.L.5-1986, SEC.7.
IC 3-11-4-17 Filing of application received; recording of information
Sec. 17. Upon receipt of an application for an absentee ballot, a
circuit court clerk shall file the application in the clerk's office and
record all of the following:
(1) The voter's name.
(2) The date the application is received.
(3) The date the ballot is sent to the voter.
(4) If mailed, the address to which the ballot is sent.
(5) If transmitted by fax, the fax number to which the ballot is
faxed.
(6) The date the ballot is marked before the clerk or otherwise
received from the voter.
(7) The combined total number of absentee ballots sent by the
county to absent uniformed services voters and overseas voters.
(8) The total number of absentee ballots returned by voters
described in subdivision (7) in time to be counted.
(9) The total number of absentee ballots described in
subdivision (7) that were counted in whole or in part.
(10) Any other information that is necessary or advisable. As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.54;
P.L.198-2005, SEC.6.
IC 3-11-4-17.5 Application by voter not residing in precinct; denial of application;
referral to county election board; filing additional documentation
Sec. 17.5. (a) Upon receiving an application for an absentee
ballot, the county election board (or the absentee voter board in the
office of the circuit court clerk) shall determine if:
(1) the applicant is a voter of the precinct in which the applicant
resides, according to the records of the county voter registration
office;
(2) the information set forth on the application appears to be
true; and
(3) the application has been completed and filed in accordance
with Indiana and federal law.
If the members of the absentee voter board are unable to agree about
any of the determinations described in subdivisions (1) through (3),
the issue shall be referred to the county election board for
determination. If the application is submitted by a voter wanting to
cast an absentee ballot under IC 3-11-10-26, the voter shall be
permitted to cast an absentee ballot, and the voter's absentee ballot
shall be treated as a provisional ballot.
(b) If:
(1) the applicant is not a voter of the precinct according to the
registration record; or
(2) the application as completed and filed:
(A) contains a false statement; or
(B) does not otherwise comply with Indiana or federal law;
as alleged under section 18.5 of this chapter, the county election
board shall deny the application.
(c) This subsection applies to an absentee ballot application
submitted by an absent uniformed services voter or an overseas
voter. In accordance with 42 U.S.C. 1973ff-1(d), if the application is
denied, the county election board shall provide the voter with the
reasons for the denial of the application. Unless the voter is present
when the board denies the application, the board shall send a written
notice stating the reasons for the denial to the voter. The notice must
be sent:
(1) not later than forty-eight (48) hours after the application is
denied; and
(2) to the voter at the address at which the voter requested that
the absentee ballot be mailed.
(d) If the county election board determines that the applicant is a
voter of the precinct under subsection (a), the board shall then
determine whether:
(1) the applicant was required to file any additional
documentation under IC 3-7-33-4.5; and
(2) the applicant has filed this documentation according to the
records of the county voter registration office.
If the applicant has not filed the required documentation, the county
election board shall approve the application if the application
otherwise complies with this chapter. The board shall add a notation
to the application and to the record compiled under section 17 of this
chapter indicating that the applicant will be required to provide
additional documentation to the county voter registration office
under IC 3-7-33-4.5 before the absentee ballot may be counted.
(e) If the applicant:
(1) is a voter of the precinct according to the registration record;
(2) states on the application that the applicant resides at an
address that is within the same precinct but is not the same
address shown on the registration record; and
(3) provides a voter identification number on the application to
permit transfer of registration under IC 3-7-13-13;
the county election board shall direct the county voter registration
office to transfer the applicant's voter registration address to the
address within the precinct shown on the application. The applicant's
application for an absentee ballot shall be approved if the applicant
is otherwise eligible to receive the ballot under this chapter. As added by P.L.3-1997, SEC.279. Amended by P.L.209-2003,
SEC.114; P.L.103-2005, SEC.5; P.L.164-2006, SEC.92.
IC 3-11-4-17.7 Replacement official ballots
Sec. 17.7. (a) This section applies when a voter:
(1) has been mailed the official ballot under this chapter; and
(2) notifies the county election board that the ballot has been
destroyed, spoiled, lost, or not received by the voter after a
reasonable time has elapsed for delivery of the ballot by mail.
(b) As required under 42 U.S.C. 15481, the voter may obtain a
replacement official ballot under the procedures set forth in this
chapter after the voter files a statement with the county election
board. The statement must affirm, under penalties of perjury, that the
voter did not receive the official ballot (or that the ballot was
received by the voter, but was destroyed, spoiled, or lost), and must
set forth any facts known by the voter concerning the destruction,
spoiling, or loss of the ballot.
(c) After a voter files the statement required under subsection (b),
the county election board may issue a replacement official ballot to
the voter in accordance with this chapter and shall include
information regarding the official replacement ballot in the
certification provided to the precinct inspector under section 22 of
this chapter.
(d) After receiving the official replacement ballot, the voter shall
destroy any spoiled ballot in the possession of the voter or any lost
or delayed official ballot that comes into the possession of the voter. As added by P.L.4-1996, SEC.67. Amended by P.L.209-2003,
SEC.115.
IC 3-11-4-17.8 Official replacement ballots; procedures
Sec. 17.8. (a) This section applies to a replacement ballot issued
under section 17.7 of this chapter.
(b) The county election board shall enclose the official
replacement ballot in an envelope that complies with section 20 of
this chapter. The envelope must contain a notation that the envelope
contains an official replacement ballot.
(c) If the county election board receives both an original absentee
ballot and an official replacement ballot issued under section 17.7 of
this chapter from the same voter, the board shall reject the original
absentee ballot and deliver only the official replacement ballot to the
precinct election board. As added by P.L.3-1997, SEC.280.
IC 3-11-4-18 Mailing of ballots; additional documentation; voter education
program
Sec. 18. (a) If a voter satisfies any of the qualifications described
in IC 3-11-10-24 that entitle a voter to cast an absentee ballot by
mail, the county election board shall, at the request of the voter, mail
the official ballot, postage fully prepaid, to the voter at the address
stated in the application.
(b) If the county election board mails an absentee ballot to a voter
required to file additional documentation with the county voter
registration office before voting by absentee ballot under this
chapter, the board shall include a notice to the voter in the envelope
mailed to the voter under section 20 of this chapter. The notice must
inform the voter that the voter must file the additional documentation
required under IC 3-7-33-4.5 with the county voter registration office
not later than noon on election day for the absentee ballot to be
counted as an absentee ballot, and that, if the documentation required
under IC 3-7-33-4.5 is filed after noon and before 6 p.m. on election
day, the ballot will be processed as a provisional ballot. The
commission shall prescribe the form of this notice under IC 3-5-4-8.
(c) Except as provided in section 18.5 of this chapter, the ballot
shall be mailed:
(1) on the day of the receipt of the voter's application; or
(2) not more than five (5) days after the date of delivery of the
ballots under section 15 of this chapter;
whichever is later.
(d) As required by 42 U.S.C. 15481, an election board shall
establish a voter education program (specific to a paper ballot or
optical scan ballot card provided as an absentee ballot under this
chapter) to notify a voter of the effect of casting multiple votes for a
single office.
(e) As provided by 42 U.S.C. 15481, when an absentee ballot is
mailed under this section, the mailing must include:
(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.229;
P.L.10-1988, SEC.105; P.L.4-1991, SEC.71; P.L.3-1993, SEC.128;
P.L.3-1995, SEC.99; P.L.126-2002, SEC.55; P.L.209-2003,
SEC.116; P.L.14-2004, SEC.105; P.L.103-2005, SEC.6;
P.L.164-2006, SEC.93; P.L.66-2010, SEC.19.
IC 3-11-4-18.5 Challenge absentee voter application; affidavit; referral to county
election board
Sec. 18.5. (a) Upon receipt of an absentee ballot application, a
member of the county election board or a member of an absentee
voter board may file an affidavit with the county election board
alleging that the application:
(1) was not submitted by a voter of the precinct;
(2) contains a false statement; or
(3) has not been executed or filed in accordance with Indiana or
federal law.
(b) The affidavit must be in a form prescribed by the commission
and state the following:
(1) The name and title of the individual filing the affidavit.
(2) A brief statement of the facts known or believed by the
individual regarding why:
(A) the applicant is not a voter of the precinct;
(B) the application contains a false statement; or
(C) the application has not been executed or filed in
accordance with Indiana or federal law.
(3) That the individual is executing the affidavit under the
penalties of perjury.
(4) The penalties for perjury.
(c) Upon the filing of the affidavit, the approval or denial of the
application shall be referred to the county election board, which shall
promptly conduct a hearing on the matter.
(d) The county election board may act under IC 3-6-5-31 to refer
the matter to the appropriate prosecuting attorney.
As added by P.L.103-2005, SEC.7.
IC 3-11-4-19 Necessity of circuit court clerk's official seal and signature and
initials of members of absentee voter board on ballot mailed
Sec. 19. (a) Subject to IC 3-5-4-9, a ballot that is mailed must bear
the circuit court clerk's official seal and signature or facsimile
signature on the back of the ballot. Before the ballot is mailed:
(1) the two (2) members of the absentee voter board in the
office of the circuit court clerk; or
(2) the two (2) appointed members of the county election board
or their designated representatives;
shall place their initials in ink on the back of the ballot. The initials
must be in the persons' ordinary handwriting or printing and without
a distinguishing mark of any kind. No other initialing of the absentee
ballot is necessary.
(b) An absentee ballot that is voted before an absentee voter board
under IC 3-11-10-25 or IC 3-11-10-26 must bear the seal, signature,
and initials prescribed by IC 3-11-10-27. As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.18;
P.L.3-1987, SEC.230; P.L.263-2003, SEC.2.
IC 3-11-4-20 Envelope; enclosure of ballot; addressee
Sec. 20. An absentee ballot mailed under section 18 of this
chapter shall be enclosed in an envelope, unsealed and stamped for
return to the county election board by at least first class mail. One (1)
side of the envelope must bear the name, official title, and post office
address of the county election board. The pre-addressed, stamped
envelope shall be furnished by the county election board. As added by P.L.5-1986, SEC.7.
IC 3-11-4-21 Envelope; affidavit
Sec. 21. (a) On the other side of the envelope required by section
20 of this chapter shall be printed an affidavit in conformity with 42
U.S.C. 1973ff-1(b), providing that the voter affirms under penalty of
perjury that the following information is true:
(1) The name of the precinct and township (or ward and city or
town).
(2) That the voter is:
(A) a resident of; or
(B) entitled under IC 3-10-11 or IC 3-10-12 to vote in;
the precinct.
(3) The voter's complete residence address, including the name
of the city or town and county.
(4) That the voter is entitled to vote in the precinct, the type of
election to be held, and the date of the election.
(5) That:
(A) the voter has personally marked the enclosed ballot or
ballots in secret and has enclosed them in this envelope and
sealed them without exhibiting them to any other person;
(B) the voter personally marked the enclosed ballot or
ballots, enclosed them in this envelope, and sealed them with
the assistance of an individual whose name is listed on the
envelope and who affirms under penalty of perjury that the
voter was not coerced or improperly influenced by the
individual assisting the voter or any other person, in a
manner prohibited by state or federal law, to cast the ballot
for or against any candidate, political party, or public
question; or
(C) as the properly authorized attorney in fact for the
undersigned under IC 30-5-5-14, the attorney in fact affirms
the voter personally marked the enclosed ballot or ballots in
secret and enclosed them in this envelope and sealed them
without exhibiting them to the attorney in fact or to any
other person.
(6) The date and the voter's signature.
(b) If the affidavit is signed by an attorney in fact, the name of the
attorney in fact must be indicated.
(c) A guardian or conservator of an individual may not sign an
affidavit for the individual under this section unless the guardian or
conservator also holds a power of attorney authorizing the guardian
or conservator to sign the affidavit.
(d) The side of the envelope containing this affidavit must also set
forth the penalties for perjury. As added by P.L.5-1986, SEC.7. Amended by P.L.17-1993, SEC.12;
P.L.12-1995, SEC.79; P.L.3-1995, SEC.100; P.L.3-1997, SEC.281;
P.L.38-1999, SEC.40; P.L.209-2003, SEC.117; P.L.103-2005,
SEC.8.
IC 3-11-4-22 Duties of circuit court clerk
Sec. 22. Each circuit court clerk shall do both of the following:
(1) Keep a separate absentee ballot record for each precinct in
the county.
(2) Certify to each inspector, at the time that the absentee
ballots are delivered, all the following:
(A) The number of absentee ballots sent to each absentee
voter.
(B) The number of absentee ballots marked before the clerk.
(C) The names of the voters to whom the ballots were sent
or who marked ballots in person. As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.56.
IC 3-11-4
Chapter 4. Eligibility and Application for Absentee Ballot
IC 3-11-4-0.5 When an absentee ballot is considered sent to a voter
Sec. 0.5. For purposes of this chapter, an absentee ballot
application or an absentee ballot is considered "sent" to a voter if the
application or ballot is:
(1) sent by United States mail addressed to the voter;
(2) transmitted by fax to a number provided by the voter; or
(3) personally given to the voter. As added by P.L.126-2002, SEC.46.
IC 3-11-4-1 Entitlement to vote by absentee ballot in clerk's office or satellite
office; conditions
Sec. 1. (a) A voter who is otherwise qualified to vote in person is
entitled to vote by absentee ballot. Except as otherwise provided in
this article, a voter voting by absentee ballot must vote in the office
of the circuit court clerk (or board of elections and registration in a
county subject to IC 3-6-5.2) or at a satellite office established under
IC 3-11-10-26.3.
(b) A county election board, by unanimous vote of its entire
membership, may authorize a person who is otherwise qualified to
vote in person to vote by absentee ballot if the board determines that
the person has been hospitalized or suffered an injury following the
final date and hour for applying for an absentee ballot that would
prevent the person from voting in person at the polls.
(c) The commission, by unanimous vote of its entire membership,
may authorize a person who is otherwise qualified to vote in person
to vote by absentee ballot if the commission determines that an
emergency prevents the person from voting in person at a polling
place.
(d) The absentee ballots used in subsection (b) or (c) must be the
same official absentee ballots as described in section 12.5 of this
chapter. Taking into consideration the amount of time remaining
before the election, the commission shall determine whether the
absentee ballots are transmitted to and from the voter by mail or
personally delivered. An absentee ballot that is personally delivered
shall comply with the requirements in sections 19, 20, and 21 of this
chapter. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.223;
P.L.7-1990, SEC.40; P.L.4-1991, SEC.67; P.L.3-1993, SEC.124;
P.L.17-1993, SEC.10; P.L.1-1994, SEC.4; P.L.12-1995, SEC.76;
P.L.3-1995, SEC.98; P.L.2-1996, SEC.140; P.L.126-2002, SEC.47;
P.L.14-2004, SEC.101; P.L.66-2010, SEC.9.
IC 3-11-4-2 Application for absentee ballot; completion; execution; handling;
affidavits
Sec. 2. (a) A voter who wants to vote by absentee ballot must
apply to the county election board for an official absentee ballot.
Except as provided in subsection (b), the voter must sign the
absentee ballot application.
(b) If a voter with disabilities is unable to sign the absentee ballot
application and the voter has not designated an individual to serve as
attorney in fact for the voter, the county election board may
designate an individual to sign the application on behalf of the voter.
If an individual applies for an absentee ballot as the properly
authorized attorney in fact for a voter, the attorney in fact must attach
a copy of the power of attorney to the application.
(c) A person may provide an individual with an application for an
absentee ballot with the following information already printed or
otherwise set forth on the application when provided to the
individual:
(1) The name of the individual.
(2) The voter registration address of the individual.
(3) The mailing address of the individual.
(4) The date of birth of the individual.
(5) The voter identification number of the individual.
(d) A person may not provide an individual with an application
for an absentee ballot with the following information already printed
or otherwise set forth on the application when provided to the
individual:
(1) The address to which the absentee ballot would be mailed,
if different from the voter registration address of the individual.
(2) In a primary election, the major political party ballot
requested by the individual.
(3) In a primary or general election, the types of absentee
ballots requested by the individual.
(4) The reason why the individual is entitled to vote an absentee
ballot:
(A) by mail; or
(B) before an absentee voter board (other than an absentee
voter board located in the office of the circuit court clerk or
a satellite office);
in accordance with IC 3-11-4-18, IC 3-11-10-24, or
IC 3-11-10-25.
(e) If the county election board determines that an absentee ballot
application does not comply with subsection (d), the board shall deny
the application under section 17.5 of this chapter.
(f) A person who assists an individual in completing any
information described in subsection (d) on an absentee ballot
application shall state under the penalties for perjury the following
information on the application:
(1) The full name, residence and mailing address, and daytime
and evening telephone numbers (if any) of the person providing
the assistance.
(2) The date this assistance was provided.
(3) That the person providing the assistance has complied with
Indiana laws governing the submission of absentee ballot
applications.
(4) That the person has no knowledge or reason to believe that
the individual submitting the application:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(g) This subsection does not apply to an employee of the United
States Postal Service or a bonded courier company acting in the
individual's capacity as an employee of the United States Postal
Service or a bonded courier company. A person who receives a
completed absentee ballot application from the individual who has
applied for the absentee ballot shall file the application with the
appropriate county election board not later than:
(1) noon seven (7) days after the person receives the
application; or
(2) the deadline set by Indiana law for filing the application
with the board;
whichever occurs first.
(h) This subsection does not apply to an employee of the United
States Postal Service or a bonded courier company acting in the
individual's capacity as an employee of the United States Postal
Service or a bonded courier company. A person filing an absentee
ballot application, other than the person's own absentee ballot
application, must sign an affidavit at the time of filing the
application. The affidavit must be in a form prescribed by the
commission. The form must include the following:
(1) A statement of the full name, residence and mailing address,
and daytime and evening telephone numbers (if any) of the
person submitting the application.
(2) A statement that the person filing the affidavit has complied
with Indiana laws governing the submission of absentee ballot
applications.
(3) A statement that the person has no knowledge or reason to
believe that the individual whose application is to be filed:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(4) A statement that the person is executing the affidavit under
the penalties of perjury.
(5) A statement setting forth the penalties for perjury.
(i) The county election board shall record the date and time of the
filing of the affidavit. As added by P.L.5-1986, SEC.7. Amended by P.L.38-1999, SEC.37;
P.L.126-2002, SEC.48; P.L.103-2005, SEC.2.
IC 3-11-4-3 Deadline for receipt of absentee ballot application
Sec. 3. Except as provided in section 6 of this chapter, an
application for an absentee ballot must be received by the circuit
court clerk (or, in a county subject to IC 3-6-5.2, the director of the
board of elections and registration) not earlier than the date the
registration period resumes following a primary election under
IC 3-7-13-10 nor later than the following:
(1) Noon on election day if the voter registers to vote under
IC 3-7-36-14.
(2) Noon on the day before election day if the voter completes
the application in the office of the circuit court clerk or is an
absent uniformed services voter or overseas voter who requests
that the ballot be transmitted by electronic mail or fax under
section 6(h) of this chapter.
(3) Noon on the day before election day if:
(A) the application is a mailed, transmitted by fax, or hand
delivered application from a confined voter or voter caring
for a confined person; and
(B) the applicant requests that the absentee ballots be
delivered to the applicant by an absentee voter board.
(4) Midnight on the eighth day before election day if the
application:
(A) is a mailed application; or
(B) was transmitted by fax;
from other voters. As added by P.L.5-1986, SEC.7. Amended by P.L.14-1987, SEC.1;
P.L.3-1987, SEC.224; P.L.10-1988, SEC.103; P.L.5-1989, SEC.50;
P.L.7-1990, SEC.41; P.L.12-1992, SEC.8; P.L.8-1992, SEC.17;
P.L.3-1997, SEC.273; P.L.38-1999, SEC.38; P.L.176-1999, SEC.67;
P.L.126-2002, SEC.49; P.L.1-2003, SEC.3; P.L.14-2004, SEC.102;
P.L.103-2005, SEC.3; P.L.66-2010, SEC.10.
IC 3-11-4-4 Manner of making application; furnished forms; fax and electronic
mail applications
Sec. 4. (a) Applications may be made on application forms
approved by the commission by any of the following means:
(1) In person.
(2) By fax transmission.
(3) By mail (including United States mail or bonded courier).
(4) By electronic mail with a scanned image of the application
and signature of the applicant, if transmitted by an absent
uniformed services voter or an overseas voter acting under
section 6 of this chapter.
(b) Application forms shall:
(1) be furnished to a central committee of the county at the
request of the central committee;
(2) be:
(A) mailed;
(B) transmitted by fax; or
(C) transmitted by electronic mail with a scanned image of
the application;
upon request, to a voter applying by mail, by telephone, by
electronic mail, or by fax; and
(3) be delivered to a voter in person who applies at the circuit
court clerk's office.
(c) A county election board shall accept an application for an
absentee ballot transmitted by fax even though the application is
delivered to the county election board by a person other than the
person submitting the application.
(d) When an application is received under subsection (a)(4), the
circuit court clerk's office (or, in a county subject to IC 3-6-5.2 or
IC 3-6-5.4, the office of the board of elections and registration) shall
send an electronic mail receipt acknowledging receipt of the voter's
application. As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.225;
P.L.5-1989, SEC.51; P.L.10-1989, SEC.6; P.L.8-1992, SEC.18;
P.L.3-1993, SEC.125; P.L.2-1996, SEC.141; P.L.126-2002, SEC.50;
P.L.120-2009, SEC.6; P.L.66-2010, SEC.11.
IC 3-11-4-5
Repealed
(Repealed by P.L.8-1992, SEC.43.)
IC 3-11-4-5.1 Application form; prescribed by commission
Sec. 5.1. (a) The commission shall prescribe the form of an
application for an absentee ballot.
(b) This subsection does not apply to the form for an absentee
ballot application to be submitted by an absent uniformed services
voter or overseas voter that contains a standardized oath for those
voters. The form of the application for an absentee ballot must do all
of the following:
(1) Require the applicant to swear to or affirm under the
penalties of perjury that all of the information set forth on the
application is true to the best of the applicant's knowledge and
belief.
(2) Require a person who assisted with the completion of the
application to swear to or affirm under the penalties of perjury
the statements set forth in section 2(f) of this chapter.
(3) Set forth the penalties for perjury.
(c) The form prescribed by the commission shall require that a
voter who:
(1) requests an absentee ballot; and
(2) is eligible to vote in the precinct under IC 3-10-11 or
IC 3-10-12;
must include the affidavit required by IC 3-10-11 or a written
affirmation described in IC 3-10-12. As added by P.L.8-1992, SEC.19. Amended by P.L.17-1993, SEC.11;
P.L.12-1995, SEC.77; P.L.2-1996, SEC.142; P.L.103-2005, SEC.4;
P.L.1-2006, SEC.5.
IC 3-11-4-5.5 Election division designated as single office for voter registration
and absentee ballot procedures for overseas and absent uniformed
services voters
Sec. 5.5. In accordance with 42 U.S.C. 1973ff-1(b), but subject to
section 5.7 of this chapter, the election division is designated as the
single office in Indiana responsible for providing information
regarding voter registration procedures under IC 3-7 and absentee
ballot procedures under this chapter to be used by absent uniformed
services voters and overseas voters who wish to register to vote or
vote in any jurisdiction in Indiana. As added by P.L.209-2003, SEC.112. Amended by P.L.66-2010,
SEC.12.
IC 3-11-4-5.7 Military and Overseas Voter Empowerment Act; delegation of
authority to counties; designation of communications means;
providing applications to voters; security and privacy of
application requests; providing information to voters; free access
system
Sec. 5.7. (a) As used in this section, "MOVE" refers to the
Military and Overseas Voter Empowerment Act (Sections 577
through 589 of the National Defense Authorization Act for Fiscal
Year 2010).
(b) Except as expressly provided by law, the state delegates its
responsibilities to carry out the requirements of MOVE to each
county election board (or board of elections and registration
established under IC 3-6-5.2 or IC 3-6-5.4).
(c) To implement 42 U.S.C. 1973ff-1, electronic mail, fax, and
web publication are designated as means of communication for an
absent uniformed services voter or an overseas voter to request a
voter registration application and an absentee ballot application from
the election division, a county election board, or a county voter
registration office.
(d) An office described in subsection (c) that receives an
electronic mail or fax from a voter shall provide an absentee ballot
application or a voter registration application by electronic mail or
fax to the voter if:
(1) requested by the voter; and
(2) the voter provides an electronic mail address or a fax
number that permits the office to send an application not later
than the end of the first business day after the office receives
the communication from the voter.
If the electronic mail address or the fax number provided by the voter
does not permit the office to send the voter an application not later
than the end of the first business day after the office receives the
communication, the office shall send the application to the voter by
United States mail.
(e) As required by 42 U.S.C. 1973ff-1, to the extent practicable
and permitted under state law (including IC 3-7 and IC 5-14-3), an
office described in subsection (c) shall ensure that the procedures
used to transmit an absentee ballot application or a voter registration
application to an absent uniformed services voter or overseas voter
protect the security and integrity of the application request processes,
and that the privacy of the identity and other personal data of the
voter who requests or is sent an application under subsection (d) is
protected throughout the process of making the request or being sent
the application.
(f) As required under 42 U.S.C. 1973ff-1, an office described in
subsection (c) shall include information regarding the use of
electronic mail, fax, and web publication with all informational and
instructional materials that are sent with an absentee ballot
application or an absentee ballot to an absent uniformed services
voter or overseas voter.
(g) To implement Section 580 of MOVE, and in accordance with
IC 3-7-26.3-3, the secretary of state, with the approval of the election
division, shall develop a free access system that permits an absent
uniformed services voter or overseas voter to determine whether the
voter's absentee ballot has been received by the appropriate county
election board (or board of elections and registration), regardless of
the manner in which the absentee ballot was transmitted by the voter
to the board. To the extent permitted by IC 3-7 and IC 5-14-3, the
system must contain reasonable procedures to protect the security,
confidentiality, and integrity of personal information collected,
stored, or otherwise used on the system. As added by P.L.66-2010, SEC.13.
IC 3-11-4-6 Absent uniformed services voters, overseas voters, and address
confidentiality voters; transmission of applications and ballots
Sec. 6. (a) This section applies, notwithstanding any other
provision of this title, to absentee ballot applications for the
following:
(1) An absent uniformed services voter.
(2) An address confidentiality program participant (as defined
in IC 5-26.5-1-6).
(3) An overseas voter.
(b) A county election board shall make blank absentee ballot
applications available for persons covered by this section after
November 20 preceding the election to which the application applies.
Except as provided in subsection (c), the person may apply for an
absentee ballot at any time after the applications are made available.
(c) A person covered by this section may apply for an absentee
ballot for the next scheduled primary, general, or special election at
any time by filing either of the following:
(1) A combined absentee registration form and absentee ballot
request approved under 42 U.S.C. 1973ff(b)(2).
(2) A form prescribed under IC 3-5-4-8 that identifies the
applicant as an absent uniformed services voter or an overseas
voter. A form prescribed under this subdivision must permit the
applicant to designate whether the applicant wishes to receive
the absentee ballot by electronic mail, fax, or United States
mail.
(d) If the county election board receives an absentee ballot
application from a person described by subsection (c), the circuit
court clerk shall mail to the person, free of postage as provided by 39
U.S.C. 3406, all ballots for the election immediately upon receipt of
the ballots under section 15 of this chapter, unless the person has
indicated under subsection (c) that the person wishes to receive the
absentee ballot by electronic mail or fax.
(e) Whenever a voter files an application for an absentee ballot
and indicates on the application that the voter:
(1) is an absent uniformed services voter or an overseas voter;
and
(2) does not expect to be in the county during the twelve (12)
months following the date the application is filed;
the application is an adequate application for an absentee ballot for
both subsequent general elections and any municipal or special
election conducted during that period, unless an absentee ballot
mailed to the voter at the address set forth in the application is
returned to the county election board during that period as
undeliverable. The circuit court clerk and county election board shall
process this application and send general election absentee ballots to
the voter in the same manner as other general election and special
election absentee ballot applications and ballots are processed and
sent under this chapter.
(f) Whenever a voter described in subsection (a)(2) files an
application for a primary election absentee ballot and indicates on
the application that the voter is an address confidentiality program
participant, the application is an adequate application for a general
election absentee ballot under this chapter and an absentee ballot for
a special election conducted during the twelve (12) months following
the date of the application. The circuit court clerk and county
election board shall process this application and send general
election and special election absentee ballots to the voter in the same
manner as other general election and special election absentee ballot
applications and ballots are processed and sent under this chapter.
(g) The name, address, telephone number, and any other
identifying information relating to a program participant (as defined
in IC 5-26.5-1-6) in the address confidentiality program, as contained
in a voting registration record, is declared confidential for purposes
of IC 5-14-3-4(a)(1). The county voter registration office may not
disclose for public inspection or copying a name, an address, a
telephone number, or any other information described in this
subsection, as contained in a voting registration record, except as
follows:
(1) To a law enforcement agency, upon request.
(2) As directed by a court order.
(h) The county election board shall by fax or electronic mail
transmit an absentee ballot to and receive an absentee ballot from an
absent uniformed services voter or an overseas voter by electronic
mail or fax at the request of the voter indicated in the application
filed under this section. If the voter wants to submit absentee ballots
by fax or electronic mail, the voter must separately sign and date a
statement submitted with the electronic mail or the fax transmission
that states substantively the following: "I understand that by faxing
or e-mailing my voted ballot I am voluntarily waiving my right to a
secret ballot.".
(i) The county election board shall send confirmation to a voter
described in subsection (h) that the voter's absentee ballot has been
received as follows:
(1) If the voter provides a fax number to which a confirmation
may be sent, the county election board shall send the
confirmation to the voter at the fax number provided by the
voter.
(2) If the voter provides an electronic mail address to which a
confirmation may be sent, the county election board shall send
the confirmation to the voter at the electronic mail address
provided by the voter.
(3) If:
(A) the voter does not provide a fax number or an electronic
mail address; or
(B) the number or address provided does not permit the
board to send the confirmation not later than the end of the
first business day after the board receives the voter's
absentee ballot;
the county election board shall send the confirmation by United
States mail.
The county election board shall send the confirmation required by
this subsection not later than the end of the first business day after
the county election board receives the voter's absentee ballot.
(j) A county election board may transmit an absentee ballot to an
absent uniformed services voter or an overseas voter by electronic
mail under a program authorized and administered by the Federal
Voting Assistance Program of the United States Department of
Defense or directly to the voter at the voter's electronic mail address,
if requested to do so by the voter. A voter described by this section
may transmit the voted absentee ballot to a county election board by
electronic mail in accordance with the procedures established under
this program. An electronic mail message transmitting a voted
absentee ballot under this subsection must include an optically
scanned image of the voter's signature on the statement required
under subsection (h). As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.17;
P.L.14-1987, SEC.3; P.L.10-1989, SEC.8; P.L.7-1990, SEC.43;
P.L.8-1992, SEC.20; P.L.3-1997, SEC.274; P.L.273-2001, SEC.1;
P.L.126-2002, SEC.51; P.L.1-2003, SEC.4; P.L.209-2003, SEC.113;
P.L.198-2005, SEC.2; P.L.66-2010, SEC.14.
IC 3-11-4-6.1 Absentee ballot applications sent by absent uniformed services
voter or overseas voter not later than June 30, 2010; expiration of
section
Sec. 6.1. (a) This section applies to a voter who:
(1) filed an application for an absentee ballot under section 6(e)
of this chapter not later than June 30, 2010; and
(2) indicated on the application that the voter:
(A) was an absent uniformed services voter or overseas
voter;
(B) did not expect to be in the county on the next general
election day following the date the application is filed; and
(C) expects to remain absent from the county until at least
the date of the second general election following the date the
application is filed.
(b) Notwithstanding section 6 of this chapter, the application is an
adequate application for an absentee ballot for both subsequent
general elections and any municipal or special election conducted
during the period described in subsection (a) unless an absentee
ballot mailed to the voter at the address set forth in the application
has been or is returned to the county election board during that
period as undeliverable.
(c) This section expires June 30, 2012. As added by P.L.66-2010, SEC.15.
IC 3-11-4-7 Uniformed services voters, overseas voters, and address
confidentiality voters; requirements for application
Sec. 7. (a) An absentee ballot application under section 6 of this
chapter must be made on a standard form approved under 42 U.S.C.
1973ff(b) or on the form prescribed by the commission under section
5.1 of this chapter.
(b) An absentee ballot application under section 6 of this chapter
from an:
(1) absent uniformed services voter; or
(2) address confidentiality program participant (as defined in
IC 5-26.5-1-6);
must show that the voter or program participant is a resident
otherwise qualified to vote in the precinct.
(c) An absentee ballot application under section 6 of this chapter
from an overseas voter must show that the overseas voter was a
resident and otherwise qualified to vote in the precinct where the
voter resided before leaving the United States. As added by P.L.5-1986, SEC.7. Amended by P.L.14-1987, SEC.4;
P.L.3-1989, SEC.10; P.L.8-1992, SEC.21; P.L.2-1996, SEC.143;
P.L.273-2001, SEC.2; P.L.126-2002, SEC.52.
IC 3-11-4-8 Nonresident overseas voter; entitled to receive only federal ballots;
precinct of voter
Sec. 8. (a) This section applies to an overseas voter described in
IC 3-5-2-34.5(3).
(b) An overseas voter who resides outside the United States and
who is no longer a resident of a precinct in Indiana is only entitled to
receive absentee ballots for a federal office under this chapter.
(c) A voter described in subsection (a) is considered to be a voter
of the Indiana precinct where the voter registration office of the
county where the person was domiciled before leaving the United
States is located. As added by P.L.5-1986, SEC.7. Amended by P.L.14-1987, SEC.5;
P.L.10-1989, SEC.9; P.L.7-1990, SEC.44; P.L.8-1992, SEC.22;
P.L.3-1997, SEC.275; P.L.126-2002, SEC.53; P.L.66-2003, SEC.36;
P.L.198-2005, SEC.3.
IC 3-11-4-9
Repealed
(Repealed by P.L.126-2002, SEC.93.)
IC 3-11-4-10 Estimate of number of ballots required
Sec. 10. Each circuit court clerk shall:
(1) not less than sixty (60) days before the date on which a
general, primary, or municipal election is held; or
(2) not more than three (3) days after the date on which a
special election is ordered;
estimate the number of absentee ballots that will be required in the
county for the election. As added by P.L.5-1986, SEC.7. Amended by P.L.10-1989, SEC.10;
P.L.7-1990, SEC.45.
IC 3-11-4-11
Repealed
(Repealed by P.L.3-1993, SEC.282.)
IC 3-11-4-12
Repealed
(Repealed by P.L.66-2010, SEC.31.)
IC 3-11-4-12.5 Absent uniformed services voter or overseas voter; use of federal
write-in absentee ballot form
Sec. 12.5. (a) This section applies to an absent uniformed services
voter or overseas voter.
(b) If a voter makes a timely application for and does not receive
an absentee ballot from a county election board, the voter may use a
federal write-in absentee ballot in the form prescribed by the Federal
Voting Assistance Program of the United States Department of
Defense and in accordance with the requirements set forth in 42
U.S.C. 1973ff-2 to cast a vote for any of the following:
(1) Any candidate for nomination at a primary election.
(2) Any candidate, political party, or public question on a
general election, municipal election, or special election ballot. As added by P.L.66-2010, SEC.16. IC 3-11-4-13
Repealed
(Repealed by P.L.66-2010, SEC.31.)
IC 3-11-4-14 Ballots other than those specified in IC 3-11-4-12.5; preparation
and printing under direction of county election board
Sec. 14. (a) All absentee ballots other than those specified in
section 12.5 of this chapter shall be prepared and printed under the
direction of each county election board. After completing the
estimate required by section 10 of this chapter and receiving all
certifications from the election division required under IC 3-8 or
IC 3-10, the county election board shall immediately proceed to
prepare and have printed the ballots.
(b) Except as provided in subsection (c), ballots prepared by the
county election board under this section must provide space for the
voter to cast a write-in ballot.
(c) Space for write-in voting for an office is not required if there
are no declared write-in candidates for that office. However,
procedures must be implemented to permit write-in voting for
candidates for federal offices. As added by P.L.5-1986, SEC.7. Amended by P.L.4-1991, SEC.70;
P.L.66-2003, SEC.38; P.L.14-2004, SEC.104; P.L.66-2010, SEC.17.
IC 3-11-4-15 Ballots prepared and printed under direction of county election
board; delivery to circuit court clerk
Sec. 15. The absentee ballots that are prepared and printed under
the direction of a county election board shall be delivered to the
circuit court clerk (or the board acting under IC 3-6-5.2) at least fifty
(50) days before a general, primary, special, or municipal election. As added by P.L.5-1986, SEC.7. Amended by P.L.10-1989, SEC.11;
P.L.3-1997, SEC.278; P.L.66-2003, SEC.39; P.L.66-2010, SEC.18.
IC 3-11-4-16 Marking on label attached to package of ballots delivered to circuit
court clerk; distribution of ballots
Sec. 16. Each package of absentee ballots delivered to a circuit
court clerk shall be plainly marked, on an appropriate attached label,
with the words: "This package contains _______ (giving number of
ballots) absentee ballots." The clerk shall securely keep all ballots in
the clerk's office and shall distribute them to applicants as provided
in this chapter. As added by P.L.5-1986, SEC.7.
IC 3-11-4-17 Filing of application received; recording of information
Sec. 17. Upon receipt of an application for an absentee ballot, a
circuit court clerk shall file the application in the clerk's office and
record all of the following:
(1) The voter's name.
(2) The date the application is received.
(3) The date the ballot is sent to the voter.
(4) If mailed, the address to which the ballot is sent.
(5) If transmitted by fax, the fax number to which the ballot is
faxed.
(6) The date the ballot is marked before the clerk or otherwise
received from the voter.
(7) The combined total number of absentee ballots sent by the
county to absent uniformed services voters and overseas voters.
(8) The total number of absentee ballots returned by voters
described in subdivision (7) in time to be counted.
(9) The total number of absentee ballots described in
subdivision (7) that were counted in whole or in part.
(10) Any other information that is necessary or advisable. As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.54;
P.L.198-2005, SEC.6.
IC 3-11-4-17.5 Application by voter not residing in precinct; denial of application;
referral to county election board; filing additional documentation
Sec. 17.5. (a) Upon receiving an application for an absentee
ballot, the county election board (or the absentee voter board in the
office of the circuit court clerk) shall determine if:
(1) the applicant is a voter of the precinct in which the applicant
resides, according to the records of the county voter registration
office;
(2) the information set forth on the application appears to be
true; and
(3) the application has been completed and filed in accordance
with Indiana and federal law.
If the members of the absentee voter board are unable to agree about
any of the determinations described in subdivisions (1) through (3),
the issue shall be referred to the county election board for
determination. If the application is submitted by a voter wanting to
cast an absentee ballot under IC 3-11-10-26, the voter shall be
permitted to cast an absentee ballot, and the voter's absentee ballot
shall be treated as a provisional ballot.
(b) If:
(1) the applicant is not a voter of the precinct according to the
registration record; or
(2) the application as completed and filed:
(A) contains a false statement; or
(B) does not otherwise comply with Indiana or federal law;
as alleged under section 18.5 of this chapter, the county election
board shall deny the application.
(c) This subsection applies to an absentee ballot application
submitted by an absent uniformed services voter or an overseas
voter. In accordance with 42 U.S.C. 1973ff-1(d), if the application is
denied, the county election board shall provide the voter with the
reasons for the denial of the application. Unless the voter is present
when the board denies the application, the board shall send a written
notice stating the reasons for the denial to the voter. The notice must
be sent:
(1) not later than forty-eight (48) hours after the application is
denied; and
(2) to the voter at the address at which the voter requested that
the absentee ballot be mailed.
(d) If the county election board determines that the applicant is a
voter of the precinct under subsection (a), the board shall then
determine whether:
(1) the applicant was required to file any additional
documentation under IC 3-7-33-4.5; and
(2) the applicant has filed this documentation according to the
records of the county voter registration office.
If the applicant has not filed the required documentation, the county
election board shall approve the application if the application
otherwise complies with this chapter. The board shall add a notation
to the application and to the record compiled under section 17 of this
chapter indicating that the applicant will be required to provide
additional documentation to the county voter registration office
under IC 3-7-33-4.5 before the absentee ballot may be counted.
(e) If the applicant:
(1) is a voter of the precinct according to the registration record;
(2) states on the application that the applicant resides at an
address that is within the same precinct but is not the same
address shown on the registration record; and
(3) provides a voter identification number on the application to
permit transfer of registration under IC 3-7-13-13;
the county election board shall direct the county voter registration
office to transfer the applicant's voter registration address to the
address within the precinct shown on the application. The applicant's
application for an absentee ballot shall be approved if the applicant
is otherwise eligible to receive the ballot under this chapter. As added by P.L.3-1997, SEC.279. Amended by P.L.209-2003,
SEC.114; P.L.103-2005, SEC.5; P.L.164-2006, SEC.92.
IC 3-11-4-17.7 Replacement official ballots
Sec. 17.7. (a) This section applies when a voter:
(1) has been mailed the official ballot under this chapter; and
(2) notifies the county election board that the ballot has been
destroyed, spoiled, lost, or not received by the voter after a
reasonable time has elapsed for delivery of the ballot by mail.
(b) As required under 42 U.S.C. 15481, the voter may obtain a
replacement official ballot under the procedures set forth in this
chapter after the voter files a statement with the county election
board. The statement must affirm, under penalties of perjury, that the
voter did not receive the official ballot (or that the ballot was
received by the voter, but was destroyed, spoiled, or lost), and must
set forth any facts known by the voter concerning the destruction,
spoiling, or loss of the ballot.
(c) After a voter files the statement required under subsection (b),
the county election board may issue a replacement official ballot to
the voter in accordance with this chapter and shall include
information regarding the official replacement ballot in the
certification provided to the precinct inspector under section 22 of
this chapter.
(d) After receiving the official replacement ballot, the voter shall
destroy any spoiled ballot in the possession of the voter or any lost
or delayed official ballot that comes into the possession of the voter. As added by P.L.4-1996, SEC.67. Amended by P.L.209-2003,
SEC.115.
IC 3-11-4-17.8 Official replacement ballots; procedures
Sec. 17.8. (a) This section applies to a replacement ballot issued
under section 17.7 of this chapter.
(b) The county election board shall enclose the official
replacement ballot in an envelope that complies with section 20 of
this chapter. The envelope must contain a notation that the envelope
contains an official replacement ballot.
(c) If the county election board receives both an original absentee
ballot and an official replacement ballot issued under section 17.7 of
this chapter from the same voter, the board shall reject the original
absentee ballot and deliver only the official replacement ballot to the
precinct election board. As added by P.L.3-1997, SEC.280.
IC 3-11-4-18 Mailing of ballots; additional documentation; voter education
program
Sec. 18. (a) If a voter satisfies any of the qualifications described
in IC 3-11-10-24 that entitle a voter to cast an absentee ballot by
mail, the county election board shall, at the request of the voter, mail
the official ballot, postage fully prepaid, to the voter at the address
stated in the application.
(b) If the county election board mails an absentee ballot to a voter
required to file additional documentation with the county voter
registration office before voting by absentee ballot under this
chapter, the board shall include a notice to the voter in the envelope
mailed to the voter under section 20 of this chapter. The notice must
inform the voter that the voter must file the additional documentation
required under IC 3-7-33-4.5 with the county voter registration office
not later than noon on election day for the absentee ballot to be
counted as an absentee ballot, and that, if the documentation required
under IC 3-7-33-4.5 is filed after noon and before 6 p.m. on election
day, the ballot will be processed as a provisional ballot. The
commission shall prescribe the form of this notice under IC 3-5-4-8.
(c) Except as provided in section 18.5 of this chapter, the ballot
shall be mailed:
(1) on the day of the receipt of the voter's application; or
(2) not more than five (5) days after the date of delivery of the
ballots under section 15 of this chapter;
whichever is later.
(d) As required by 42 U.S.C. 15481, an election board shall
establish a voter education program (specific to a paper ballot or
optical scan ballot card provided as an absentee ballot under this
chapter) to notify a voter of the effect of casting multiple votes for a
single office.
(e) As provided by 42 U.S.C. 15481, when an absentee ballot is
mailed under this section, the mailing must include:
(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.229;
P.L.10-1988, SEC.105; P.L.4-1991, SEC.71; P.L.3-1993, SEC.128;
P.L.3-1995, SEC.99; P.L.126-2002, SEC.55; P.L.209-2003,
SEC.116; P.L.14-2004, SEC.105; P.L.103-2005, SEC.6;
P.L.164-2006, SEC.93; P.L.66-2010, SEC.19.
IC 3-11-4-18.5 Challenge absentee voter application; affidavit; referral to county
election board
Sec. 18.5. (a) Upon receipt of an absentee ballot application, a
member of the county election board or a member of an absentee
voter board may file an affidavit with the county election board
alleging that the application:
(1) was not submitted by a voter of the precinct;
(2) contains a false statement; or
(3) has not been executed or filed in accordance with Indiana or
federal law.
(b) The affidavit must be in a form prescribed by the commission
and state the following:
(1) The name and title of the individual filing the affidavit.
(2) A brief statement of the facts known or believed by the
individual regarding why:
(A) the applicant is not a voter of the precinct;
(B) the application contains a false statement; or
(C) the application has not been executed or filed in
accordance with Indiana or federal law.
(3) That the individual is executing the affidavit under the
penalties of perjury.
(4) The penalties for perjury.
(c) Upon the filing of the affidavit, the approval or denial of the
application shall be referred to the county election board, which shall
promptly conduct a hearing on the matter.
(d) The county election board may act under IC 3-6-5-31 to refer
the matter to the appropriate prosecuting attorney.
As added by P.L.103-2005, SEC.7.
IC 3-11-4-19 Necessity of circuit court clerk's official seal and signature and
initials of members of absentee voter board on ballot mailed
Sec. 19. (a) Subject to IC 3-5-4-9, a ballot that is mailed must bear
the circuit court clerk's official seal and signature or facsimile
signature on the back of the ballot. Before the ballot is mailed:
(1) the two (2) members of the absentee voter board in the
office of the circuit court clerk; or
(2) the two (2) appointed members of the county election board
or their designated representatives;
shall place their initials in ink on the back of the ballot. The initials
must be in the persons' ordinary handwriting or printing and without
a distinguishing mark of any kind. No other initialing of the absentee
ballot is necessary.
(b) An absentee ballot that is voted before an absentee voter board
under IC 3-11-10-25 or IC 3-11-10-26 must bear the seal, signature,
and initials prescribed by IC 3-11-10-27. As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.18;
P.L.3-1987, SEC.230; P.L.263-2003, SEC.2.
IC 3-11-4-20 Envelope; enclosure of ballot; addressee
Sec. 20. An absentee ballot mailed under section 18 of this
chapter shall be enclosed in an envelope, unsealed and stamped for
return to the county election board by at least first class mail. One (1)
side of the envelope must bear the name, official title, and post office
address of the county election board. The pre-addressed, stamped
envelope shall be furnished by the county election board. As added by P.L.5-1986, SEC.7.
IC 3-11-4-21 Envelope; affidavit
Sec. 21. (a) On the other side of the envelope required by section
20 of this chapter shall be printed an affidavit in conformity with 42
U.S.C. 1973ff-1(b), providing that the voter affirms under penalty of
perjury that the following information is true:
(1) The name of the precinct and township (or ward and city or
town).
(2) That the voter is:
(A) a resident of; or
(B) entitled under IC 3-10-11 or IC 3-10-12 to vote in;
the precinct.
(3) The voter's complete residence address, including the name
of the city or town and county.
(4) That the voter is entitled to vote in the precinct, the type of
election to be held, and the date of the election.
(5) That:
(A) the voter has personally marked the enclosed ballot or
ballots in secret and has enclosed them in this envelope and
sealed them without exhibiting them to any other person;
(B) the voter personally marked the enclosed ballot or
ballots, enclosed them in this envelope, and sealed them with
the assistance of an individual whose name is listed on the
envelope and who affirms under penalty of perjury that the
voter was not coerced or improperly influenced by the
individual assisting the voter or any other person, in a
manner prohibited by state or federal law, to cast the ballot
for or against any candidate, political party, or public
question; or
(C) as the properly authorized attorney in fact for the
undersigned under IC 30-5-5-14, the attorney in fact affirms
the voter personally marked the enclosed ballot or ballots in
secret and enclosed them in this envelope and sealed them
without exhibiting them to the attorney in fact or to any
other person.
(6) The date and the voter's signature.
(b) If the affidavit is signed by an attorney in fact, the name of the
attorney in fact must be indicated.
(c) A guardian or conservator of an individual may not sign an
affidavit for the individual under this section unless the guardian or
conservator also holds a power of attorney authorizing the guardian
or conservator to sign the affidavit.
(d) The side of the envelope containing this affidavit must also set
forth the penalties for perjury. As added by P.L.5-1986, SEC.7. Amended by P.L.17-1993, SEC.12;
P.L.12-1995, SEC.79; P.L.3-1995, SEC.100; P.L.3-1997, SEC.281;
P.L.38-1999, SEC.40; P.L.209-2003, SEC.117; P.L.103-2005,
SEC.8.
IC 3-11-4-22 Duties of circuit court clerk
Sec. 22. Each circuit court clerk shall do both of the following:
(1) Keep a separate absentee ballot record for each precinct in
the county.
(2) Certify to each inspector, at the time that the absentee
ballots are delivered, all the following:
(A) The number of absentee ballots sent to each absentee
voter.
(B) The number of absentee ballots marked before the clerk.
(C) The names of the voters to whom the ballots were sent
or who marked ballots in person. As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.56.
