IC 3-14-5-1 Affidavit against illegal voter
Sec. 1. (a) This section applies during an election whenever a
voter makes an affidavit before the inspector in a precinct that a
person who has voted is an illegal voter in the precinct. This section
does not apply to an affidavit executed by an individual who:
(1) is subject to the requirements set forth in IC 3-7-33-4.5;
(2) is challenged solely as a result of the individual's inability
or refusal to comply with IC 3-7-33-4.5; and
(3) subsequently complies with IC 3-7-33-4.5 before the close
of the polls on election day.
(b) Immediately after the close of the polls the inspector shall
deliver the affidavit to the county election board for delivery by the
prosecuting attorney for the county to the grand jury under section 2
of this chapter. The prosecuting attorney for the county shall:
(1) proceed as if the affidavit had been made before the
prosecuting attorney; and
(2) ensure that the grand jury notifies the NVRA official under
section 2 of this chapter if a violation of NVRA appears to have
occurred. As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.90;
P.L.2-1996, SEC.207; P.L.3-1997, SEC.407; P.L.230-2005, SEC.66.
IC 3-14-5-2 Affidavits; packaging, sealing, endorsing, and delivery to grand
jury; inquiry by grand jury
Sec. 2. (a) Each precinct election board shall, at the close of the
polls, place all affidavits prescribed by this title for use on election
day to determine the eligibility of a precinct election officer (or a
person who wishes to cast a ballot) in a strong paper bag or envelope
and securely seal it. Each member shall endorse that member's name
on the back of the bag or envelope.
(b) The inspector and judge of the opposite political party shall
deliver the sealed bag or envelope to the county election board. The
county election board shall do the following:
(1) Remove the affidavits from the bag or envelope.
(2) Mail a copy of each affidavit to the secretary of state.
(3) Replace the affidavits within the bag or envelope.
(4) Reseal the bag or envelope with the endorsement of the
name of each county election board member on the back of the
bag or envelope.
(5) Carefully preserve the resealed bag or envelope and deliver
it, with the county election board's seal unbroken, to the
foreman of the grand jury when next in session.
(c) The grand jury shall inquire into the truth or falsity of the
affidavits, and the court having jurisdiction over the grand jury shall
specially charge the jury as to its duties under this section.
(d) The grand jury shall file a report of the result of its inquiry
with:
(1) the court; and
(2) the NVRA official if a violation of NVRA appears to have
occurred. As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.91;
P.L.2-1996, SEC.208; P.L.3-1997, SEC.408; P.L.230-2005, SEC.67.
IC 3-14-5-3 Duty to report violations to prosecuting attorney and violator;
presentation to grand jury
Sec. 3. (a) This section does not apply to a violation of NVRA or
IC 3-7.
(b) The commission and each county election board shall report
a violation of this title as a felony or misdemeanor to the appropriate
prosecuting attorney and the alleged violator.
(c) The commission and boards may have the report transmitted
and presented to the grand jury of the county in which the violation
was committed at its first session after making the report and at
subsequent sessions that may be required. The commission and
boards shall furnish the grand jury any evidence at their command
necessary in the investigation and prosecution of the violation. As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.92;
P.L.2-1996, SEC.209; P.L.81-2005, SEC.31.
IC 3-14-5-4 Prosecution of violators
Sec. 4. In addition to the duties prescribed by IC 33-39, the
prosecuting attorney of each circuit shall prosecute each resident of
the circuit who the prosecutor believes has violated IC 3-14-1-7,
IC 3-14-1-10, IC 3-14-1-13, IC 3-14-1-14, or IC 3-14-1-14.5 in any
circuit of the state. As added by P.L.5-1986, SEC.10. Amended by P.L.3-1995, SEC.137;
P.L.3-1997, SEC.409; P.L.98-2004, SEC.45.
IC 3-14-5-5 Indictment or information; allegations
Sec. 5. When an election offense is committed, an indictment or
information for the offense is sufficient if it alleges that the election
was authorized by law without stating the names of the officers
holding the election, the candidates voted for, or the offices filled at
the election. As added by P.L.5-1986, SEC.10.
IC 3-14-5-6 Criminal prosecutions; self-incrimination defense not available to
witness
Sec. 6. In a criminal prosecution for violation of IC 3-14-1-7,
IC 3-14-1-10, IC 3-14-1-13, IC 3-14-1-14, or IC 3-14-1-14.5, a
witness, except the person who is accused and on trial, may not be
excused from answering a question or producing a book, paper, or
other thing on the ground that the witness' answer or the thing to be
produced may tend to incriminate the witness or render the witness
liable to a penalty. However, the witness' answer or the thing
produced by the witness may not be used in a proceeding against the
witness, except in a prosecution for perjury in so testifying. As added by P.L.5-1986, SEC.10. Amended by P.L.3-1995, SEC.138;
P.L.3-1997, SEC.410.
IC 3-14-5-7 Informants; immunity
Sec. 7. If a person who has given or received money or other
property to or from another person for the purpose of influencing any
voter's vote at an election informs upon and testifies against the
person receiving or giving the money in a criminal prosecution, the
person informing and testifying may not be prosecuted in connection
with the transaction. As added by P.L.5-1986, SEC.10.
IC 3-14-5-8 Person convicted of vote fraud felony or Class A misdemeanor;
ineligibility to continue or obtain employment or contract with
municipality or school corporation; attorney general petition;
injunction; civil penalty
Sec. 8. (a) As used in this section, "governmental entity" refers to
any of the following:
(1) A city.
(2) A town.
(3) A school corporation.
(4) An agency of a governmental entity referred to in any of
subdivisions (1) through (3).
(b) As used in this section, "date of conviction" refers to the date
when:
(1) in a jury trial, a jury publicly announces a verdict against a
person for a felony or Class A misdemeanor;
(2) in a bench trial, the court publicly announces a verdict
against a person for a felony or Class A misdemeanor; or
(3) in a guilty plea hearing, a person pleads guilty or nolo
contendere to a felony or Class A misdemeanor.
(c) A person who is convicted under IC 3-14-2 of a felony or
Class A misdemeanor that relates to an election for an office for a
governmental entity shall not:
(1) continue employment with;
(2) obtain future employment with;
(3) contract with; or
(4) be a subcontractor under a contract with;
any governmental entity for at least twenty (20) years after the date
of conviction.
(d) For at least twenty (20) years after the person's date of
conviction, a governmental entity may not:
(1) employ;
(2) offer employment to;
(3) contract with; or
(4) maintain a contractual relationship when a subcontractor is;
a person who is convicted under IC 3-14-2 of a felony or Class A
misdemeanor that relates to an election for an office for any
governmental entity.
(e) If:
(1) a person was employed by a governmental entity;
(2) the person was convicted under IC 3-14-2 of a felony or
Class A misdemeanor relating to an election for an office for a
governmental entity;
(3) the person's employment with the governmental entity was
discontinued under subsection (c) or (d); and
(4) the person's conviction is reversed, vacated, or set aside;
the governmental entity shall reemploy the person in the same
position the person held before the person's conviction or in another
position equivalent in benefits, pay, and working conditions to the
position the person held before the person's conviction, and the
person is entitled to receive any salary or other remuneration that the
person would have received if the person's employment had not been
discontinued under subsection (c) or (d).
(f) The attorney general may petition a court with jurisdiction for
an injunction against a person who violates subsection (c) or a
governmental entity that violates subsection (d).
(g) The attorney general may petition a court with jurisdiction to
impose a civil penalty of not more than one thousand dollars
($1,000) on a person who violates subsection (c). As added by P.L.164-2006, SEC.134.
IC 3-14-5-1 Affidavit against illegal voter
Sec. 1. (a) This section applies during an election whenever a
voter makes an affidavit before the inspector in a precinct that a
person who has voted is an illegal voter in the precinct. This section
does not apply to an affidavit executed by an individual who:
(1) is subject to the requirements set forth in IC 3-7-33-4.5;
(2) is challenged solely as a result of the individual's inability
or refusal to comply with IC 3-7-33-4.5; and
(3) subsequently complies with IC 3-7-33-4.5 before the close
of the polls on election day.
(b) Immediately after the close of the polls the inspector shall
deliver the affidavit to the county election board for delivery by the
prosecuting attorney for the county to the grand jury under section 2
of this chapter. The prosecuting attorney for the county shall:
(1) proceed as if the affidavit had been made before the
prosecuting attorney; and
(2) ensure that the grand jury notifies the NVRA official under
section 2 of this chapter if a violation of NVRA appears to have
occurred. As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.90;
P.L.2-1996, SEC.207; P.L.3-1997, SEC.407; P.L.230-2005, SEC.66.
IC 3-14-5-2 Affidavits; packaging, sealing, endorsing, and delivery to grand
jury; inquiry by grand jury
Sec. 2. (a) Each precinct election board shall, at the close of the
polls, place all affidavits prescribed by this title for use on election
day to determine the eligibility of a precinct election officer (or a
person who wishes to cast a ballot) in a strong paper bag or envelope
and securely seal it. Each member shall endorse that member's name
on the back of the bag or envelope.
(b) The inspector and judge of the opposite political party shall
deliver the sealed bag or envelope to the county election board. The
county election board shall do the following:
(1) Remove the affidavits from the bag or envelope.
(2) Mail a copy of each affidavit to the secretary of state.
(3) Replace the affidavits within the bag or envelope.
(4) Reseal the bag or envelope with the endorsement of the
name of each county election board member on the back of the
bag or envelope.
(5) Carefully preserve the resealed bag or envelope and deliver
it, with the county election board's seal unbroken, to the
foreman of the grand jury when next in session.
(c) The grand jury shall inquire into the truth or falsity of the
affidavits, and the court having jurisdiction over the grand jury shall
specially charge the jury as to its duties under this section.
(d) The grand jury shall file a report of the result of its inquiry
with:
(1) the court; and
(2) the NVRA official if a violation of NVRA appears to have
occurred. As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.91;
P.L.2-1996, SEC.208; P.L.3-1997, SEC.408; P.L.230-2005, SEC.67.
IC 3-14-5-3 Duty to report violations to prosecuting attorney and violator;
presentation to grand jury
Sec. 3. (a) This section does not apply to a violation of NVRA or
IC 3-7.
(b) The commission and each county election board shall report
a violation of this title as a felony or misdemeanor to the appropriate
prosecuting attorney and the alleged violator.
(c) The commission and boards may have the report transmitted
and presented to the grand jury of the county in which the violation
was committed at its first session after making the report and at
subsequent sessions that may be required. The commission and
boards shall furnish the grand jury any evidence at their command
necessary in the investigation and prosecution of the violation. As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.92;
P.L.2-1996, SEC.209; P.L.81-2005, SEC.31.
IC 3-14-5-4 Prosecution of violators
Sec. 4. In addition to the duties prescribed by IC 33-39, the
prosecuting attorney of each circuit shall prosecute each resident of
the circuit who the prosecutor believes has violated IC 3-14-1-7,
IC 3-14-1-10, IC 3-14-1-13, IC 3-14-1-14, or IC 3-14-1-14.5 in any
circuit of the state. As added by P.L.5-1986, SEC.10. Amended by P.L.3-1995, SEC.137;
P.L.3-1997, SEC.409; P.L.98-2004, SEC.45.
IC 3-14-5-5 Indictment or information; allegations
Sec. 5. When an election offense is committed, an indictment or
information for the offense is sufficient if it alleges that the election
was authorized by law without stating the names of the officers
holding the election, the candidates voted for, or the offices filled at
the election. As added by P.L.5-1986, SEC.10.
IC 3-14-5-6 Criminal prosecutions; self-incrimination defense not available to
witness
Sec. 6. In a criminal prosecution for violation of IC 3-14-1-7,
IC 3-14-1-10, IC 3-14-1-13, IC 3-14-1-14, or IC 3-14-1-14.5, a
witness, except the person who is accused and on trial, may not be
excused from answering a question or producing a book, paper, or
other thing on the ground that the witness' answer or the thing to be
produced may tend to incriminate the witness or render the witness
liable to a penalty. However, the witness' answer or the thing
produced by the witness may not be used in a proceeding against the
witness, except in a prosecution for perjury in so testifying. As added by P.L.5-1986, SEC.10. Amended by P.L.3-1995, SEC.138;
P.L.3-1997, SEC.410.
IC 3-14-5-7 Informants; immunity
Sec. 7. If a person who has given or received money or other
property to or from another person for the purpose of influencing any
voter's vote at an election informs upon and testifies against the
person receiving or giving the money in a criminal prosecution, the
person informing and testifying may not be prosecuted in connection
with the transaction. As added by P.L.5-1986, SEC.10.
IC 3-14-5-8 Person convicted of vote fraud felony or Class A misdemeanor;
ineligibility to continue or obtain employment or contract with
municipality or school corporation; attorney general petition;
injunction; civil penalty
Sec. 8. (a) As used in this section, "governmental entity" refers to
any of the following:
(1) A city.
(2) A town.
(3) A school corporation.
(4) An agency of a governmental entity referred to in any of
subdivisions (1) through (3).
(b) As used in this section, "date of conviction" refers to the date
when:
(1) in a jury trial, a jury publicly announces a verdict against a
person for a felony or Class A misdemeanor;
(2) in a bench trial, the court publicly announces a verdict
against a person for a felony or Class A misdemeanor; or
(3) in a guilty plea hearing, a person pleads guilty or nolo
contendere to a felony or Class A misdemeanor.
(c) A person who is convicted under IC 3-14-2 of a felony or
Class A misdemeanor that relates to an election for an office for a
governmental entity shall not:
(1) continue employment with;
(2) obtain future employment with;
(3) contract with; or
(4) be a subcontractor under a contract with;
any governmental entity for at least twenty (20) years after the date
of conviction.
(d) For at least twenty (20) years after the person's date of
conviction, a governmental entity may not:
(1) employ;
(2) offer employment to;
(3) contract with; or
(4) maintain a contractual relationship when a subcontractor is;
a person who is convicted under IC 3-14-2 of a felony or Class A
misdemeanor that relates to an election for an office for any
governmental entity.
(e) If:
(1) a person was employed by a governmental entity;
(2) the person was convicted under IC 3-14-2 of a felony or
Class A misdemeanor relating to an election for an office for a
governmental entity;
(3) the person's employment with the governmental entity was
discontinued under subsection (c) or (d); and
(4) the person's conviction is reversed, vacated, or set aside;
the governmental entity shall reemploy the person in the same
position the person held before the person's conviction or in another
position equivalent in benefits, pay, and working conditions to the
position the person held before the person's conviction, and the
person is entitled to receive any salary or other remuneration that the
person would have received if the person's employment had not been
discontinued under subsection (c) or (d).
(f) The attorney general may petition a court with jurisdiction for
an injunction against a person who violates subsection (c) or a
governmental entity that violates subsection (d).
(g) The attorney general may petition a court with jurisdiction to
impose a civil penalty of not more than one thousand dollars
($1,000) on a person who violates subsection (c). As added by P.L.164-2006, SEC.134.
IC 3-14-5-1 Affidavit against illegal voter
Sec. 1. (a) This section applies during an election whenever a
voter makes an affidavit before the inspector in a precinct that a
person who has voted is an illegal voter in the precinct. This section
does not apply to an affidavit executed by an individual who:
(1) is subject to the requirements set forth in IC 3-7-33-4.5;
(2) is challenged solely as a result of the individual's inability
or refusal to comply with IC 3-7-33-4.5; and
(3) subsequently complies with IC 3-7-33-4.5 before the close
of the polls on election day.
(b) Immediately after the close of the polls the inspector shall
deliver the affidavit to the county election board for delivery by the
prosecuting attorney for the county to the grand jury under section 2
of this chapter. The prosecuting attorney for the county shall:
(1) proceed as if the affidavit had been made before the
prosecuting attorney; and
(2) ensure that the grand jury notifies the NVRA official under
section 2 of this chapter if a violation of NVRA appears to have
occurred. As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.90;
P.L.2-1996, SEC.207; P.L.3-1997, SEC.407; P.L.230-2005, SEC.66.
IC 3-14-5-2 Affidavits; packaging, sealing, endorsing, and delivery to grand
jury; inquiry by grand jury
Sec. 2. (a) Each precinct election board shall, at the close of the
polls, place all affidavits prescribed by this title for use on election
day to determine the eligibility of a precinct election officer (or a
person who wishes to cast a ballot) in a strong paper bag or envelope
and securely seal it. Each member shall endorse that member's name
on the back of the bag or envelope.
(b) The inspector and judge of the opposite political party shall
deliver the sealed bag or envelope to the county election board. The
county election board shall do the following:
(1) Remove the affidavits from the bag or envelope.
(2) Mail a copy of each affidavit to the secretary of state.
(3) Replace the affidavits within the bag or envelope.
(4) Reseal the bag or envelope with the endorsement of the
name of each county election board member on the back of the
bag or envelope.
(5) Carefully preserve the resealed bag or envelope and deliver
it, with the county election board's seal unbroken, to the
foreman of the grand jury when next in session.
(c) The grand jury shall inquire into the truth or falsity of the
affidavits, and the court having jurisdiction over the grand jury shall
specially charge the jury as to its duties under this section.
(d) The grand jury shall file a report of the result of its inquiry
with:
(1) the court; and
(2) the NVRA official if a violation of NVRA appears to have
occurred. As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.91;
P.L.2-1996, SEC.208; P.L.3-1997, SEC.408; P.L.230-2005, SEC.67.
IC 3-14-5-3 Duty to report violations to prosecuting attorney and violator;
presentation to grand jury
Sec. 3. (a) This section does not apply to a violation of NVRA or
IC 3-7.
(b) The commission and each county election board shall report
a violation of this title as a felony or misdemeanor to the appropriate
prosecuting attorney and the alleged violator.
(c) The commission and boards may have the report transmitted
and presented to the grand jury of the county in which the violation
was committed at its first session after making the report and at
subsequent sessions that may be required. The commission and
boards shall furnish the grand jury any evidence at their command
necessary in the investigation and prosecution of the violation. As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.92;
P.L.2-1996, SEC.209; P.L.81-2005, SEC.31.
IC 3-14-5-4 Prosecution of violators
Sec. 4. In addition to the duties prescribed by IC 33-39, the
prosecuting attorney of each circuit shall prosecute each resident of
the circuit who the prosecutor believes has violated IC 3-14-1-7,
IC 3-14-1-10, IC 3-14-1-13, IC 3-14-1-14, or IC 3-14-1-14.5 in any
circuit of the state. As added by P.L.5-1986, SEC.10. Amended by P.L.3-1995, SEC.137;
P.L.3-1997, SEC.409; P.L.98-2004, SEC.45.
IC 3-14-5-5 Indictment or information; allegations
Sec. 5. When an election offense is committed, an indictment or
information for the offense is sufficient if it alleges that the election
was authorized by law without stating the names of the officers
holding the election, the candidates voted for, or the offices filled at
the election. As added by P.L.5-1986, SEC.10.
IC 3-14-5-6 Criminal prosecutions; self-incrimination defense not available to
witness
Sec. 6. In a criminal prosecution for violation of IC 3-14-1-7,
IC 3-14-1-10, IC 3-14-1-13, IC 3-14-1-14, or IC 3-14-1-14.5, a
witness, except the person who is accused and on trial, may not be
excused from answering a question or producing a book, paper, or
other thing on the ground that the witness' answer or the thing to be
produced may tend to incriminate the witness or render the witness
liable to a penalty. However, the witness' answer or the thing
produced by the witness may not be used in a proceeding against the
witness, except in a prosecution for perjury in so testifying. As added by P.L.5-1986, SEC.10. Amended by P.L.3-1995, SEC.138;
P.L.3-1997, SEC.410.
IC 3-14-5-7 Informants; immunity
Sec. 7. If a person who has given or received money or other
property to or from another person for the purpose of influencing any
voter's vote at an election informs upon and testifies against the
person receiving or giving the money in a criminal prosecution, the
person informing and testifying may not be prosecuted in connection
with the transaction. As added by P.L.5-1986, SEC.10.
IC 3-14-5-8 Person convicted of vote fraud felony or Class A misdemeanor;
ineligibility to continue or obtain employment or contract with
municipality or school corporation; attorney general petition;
injunction; civil penalty
Sec. 8. (a) As used in this section, "governmental entity" refers to
any of the following:
(1) A city.
(2) A town.
(3) A school corporation.
(4) An agency of a governmental entity referred to in any of
subdivisions (1) through (3).
(b) As used in this section, "date of conviction" refers to the date
when:
(1) in a jury trial, a jury publicly announces a verdict against a
person for a felony or Class A misdemeanor;
(2) in a bench trial, the court publicly announces a verdict
against a person for a felony or Class A misdemeanor; or
(3) in a guilty plea hearing, a person pleads guilty or nolo
contendere to a felony or Class A misdemeanor.
(c) A person who is convicted under IC 3-14-2 of a felony or
Class A misdemeanor that relates to an election for an office for a
governmental entity shall not:
(1) continue employment with;
(2) obtain future employment with;
(3) contract with; or
(4) be a subcontractor under a contract with;
any governmental entity for at least twenty (20) years after the date
of conviction.
(d) For at least twenty (20) years after the person's date of
conviction, a governmental entity may not:
(1) employ;
(2) offer employment to;
(3) contract with; or
(4) maintain a contractual relationship when a subcontractor is;
a person who is convicted under IC 3-14-2 of a felony or Class A
misdemeanor that relates to an election for an office for any
governmental entity.
(e) If:
(1) a person was employed by a governmental entity;
(2) the person was convicted under IC 3-14-2 of a felony or
Class A misdemeanor relating to an election for an office for a
governmental entity;
(3) the person's employment with the governmental entity was
discontinued under subsection (c) or (d); and
(4) the person's conviction is reversed, vacated, or set aside;
the governmental entity shall reemploy the person in the same
position the person held before the person's conviction or in another
position equivalent in benefits, pay, and working conditions to the
position the person held before the person's conviction, and the
person is entitled to receive any salary or other remuneration that the
person would have received if the person's employment had not been
discontinued under subsection (c) or (d).
(f) The attorney general may petition a court with jurisdiction for
an injunction against a person who violates subsection (c) or a
governmental entity that violates subsection (d).
(g) The attorney general may petition a court with jurisdiction to
impose a civil penalty of not more than one thousand dollars
($1,000) on a person who violates subsection (c). As added by P.L.164-2006, SEC.134.
