IC 3-5-2-1 Application of definitions
Sec. 1. The definitions in this chapter apply throughout this title. As added by P.L.5-1986, SEC.1.
IC 3-5-2-1.5 "Absent uniformed services voter"
Sec. 1.5. "Absent uniformed services voter" refers to any of the
following:
(1) A member of a uniformed service on active duty who, by
reason of active duty, is absent from the place of residence
where the member is otherwise qualified to vote.
(2) A member of the merchant marine who, by reason of service
in the merchant marine, is absent from the place of residence
where the member is otherwise qualified to vote.
(3) A member of the Indiana national guard deployed or on
assignment outside Indiana.
(4) A spouse or dependent of a member referred to in
subdivision (1), (2), or (3) who, by reason of the active duty or
service of the member, is absent from the place of residence
where the spouse or dependent is otherwise qualified to vote. As added by P.L.14-1993, SEC.1. Amended by P.L.12-1995, SEC.1;
P.L.3-1997, SEC.3; P.L.126-2002, SEC.1.
IC 3-5-2-1.7 "Active voter"
Sec. 1.7. "Active voter" refers to a voter who satisfies either of the
following:
(1) The voter has registered or voted in any election during the
preceding four (4) years at the address indicated on the voter's
registration record.
(2) The voter has not voted in any election during the preceding
four (4) years at the address indicated on the voter's registration
record and has responded in writing to an address confirmation
notice sent under IC 3-7 not later than thirty (30) days after the
notice was sent. As added by P.L.12-1995, SEC.2. Amended by P.L.4-1996, SEC.1;
P.L.38-1999, SEC.1.
IC 3-5-2-2 "Automatic tabulating machine"
Sec. 2. "Automatic tabulating machine" means:
(1) apparatus necessary to automatically examine and count
votes as designated on ballots; and
(2) data processing machines that can be used for counting
ballots and tabulating results. As added by P.L.5-1986, SEC.1. Amended by P.L.6-1986, SEC.1. IC 3-5-2-2.5 "Auxiliary party organization"
Sec. 2.5. "Auxiliary party organization" means an organization
located within or outside Indiana that:
(1) is affiliated with a political party;
(2) proposes to influence the election of a candidate for state,
legislative, local, or school board office, or the outcome of a
public question; and
(3) has not:
(A) had an annual budget of five thousand dollars ($5,000)
or more in at least one (1) of the last two (2) years; or
(B) made a contribution of more than one thousand dollars
($1,000) to another committee or to a candidate. As added by P.L.3-1995, SEC.3. Amended by P.L.176-1999, SEC.1.
IC 3-5-2-3 "Ballot"
Sec. 3. "Ballot" means:
(1) the paper ballot prepared, printed, and supplied for use at an
election;
(2) the ballot label prepared, printed, and supplied for use on
the front of an electronic voting system; or
(3) the ballot card prepared, printed, and supplied for use in a
ballot card voting system. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.2;
P.L.221-2005, SEC.1.
IC 3-5-2-4 "Ballot card"
Sec. 4. "Ballot card" refers to an optical scan ballot. As added by P.L.5-1986, SEC.1. Amended by P.L.239-2001, SEC.1;
P.L.221-2005, SEC.2.
IC 3-5-2-4.5 "Ballot card voting system"
Sec. 4.5. "Ballot card voting system" refers to an optical scan
voting system. As added by P.L.239-2001, SEC.2. Amended by P.L.221-2005,
SEC.3.
IC 3-5-2-5 "Ballot label"
Sec. 5. "Ballot label" means:
(1) the printed strip or sheet of cardboard or paper, supplied for
use on an electronic voting system, that contains the names of
the candidates and the public questions on the ballot; or
(2) the material, supplied for use with a ballot card voting
system, that contains those names and questions. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.3;
P.L.221-2005, SEC.4. IC 3-5-2-5.5 "Bona fide political party"
Sec. 5.5. "Bona fide political party" means:
(1) a major political party; or
(2) a political party that has:
(A) nominated at least one (1) candidate for political office
during the preceding five (5) years;
(B) held a convention; or
(C) raised money and filed the financial reports required by
law. As added by P.L.3-1993, SEC.3.
IC 3-5-2-6 "Candidate"
Sec. 6. (a) Except as provided in subsection (b), "candidate"
means a person who:
(1) has taken the action necessary to qualify under Indiana law
for listing on the ballot at an election or to become a write-in
candidate;
(2) has publicly announced or declared candidacy for an elected
office; or
(3) otherwise seeks nomination for or election to an elected
office, regardless of whether the individual wins election to the
office.
(b) As used in IC 3-9, an individual becomes a "candidate" when
the individual, the candidate's committee, or a person acting with the
consent of the individual:
(1) receives more than one hundred dollars ($100) in
contributions; or
(2) makes more than one hundred dollars ($100) in
expenditures. As added by P.L.5-1986, SEC.1. Amended by P.L.4-1991, SEC.1;
P.L.3-1997, SEC.4.
IC 3-5-2-7 "Candidate's committee"
Sec. 7. "Candidate's committee" means:
(1) the principal political committee that each candidate is
required to have under IC 3-9-1; or
(2) an exploratory committee established by a candidate who
has not decided whether to become a candidate for a specific
office. As added by P.L.5-1986, SEC.1. Amended by P.L.8-1992, SEC.2;
P.L.3-1995, SEC.4.
IC 3-5-2-7.5 "Caucus"
Sec. 7.5. As used in IC 3-9, "caucus" refers to a caucus to fill a
candidate vacancy under IC 3-13-1 or IC 3-13-2. The term does not
include a caucus to fill a vacant office under IC 3-13-5 or IC 3-13-11.
As added by P.L.3-1997, SEC.5.
IC 3-5-2-8 "Central committee"
Sec. 8. "Central committee" means a state committee,
congressional district committee, county committee, city committee,
or town committee of a political party. As added by P.L.5-1986, SEC.1.
IC 3-5-2-8.7
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-5-2-9 "Chairman"
Sec. 9. "Chairman" refers to the chairman of a central committee
as follows:
(1) State chairman, chairman of a state committee.
(2) District chairman, chairman of a congressional district
committee.
(3) County chairman, chairman of a county committee.
(4) City chairman, chairman of a city committee.
(5) Town chairman, chairman of a town committee. As added by P.L.5-1986, SEC.1.
IC 3-5-2-10 "Chute"
Sec. 10. "Chute" means the area or pathway that extends fifty (50)
feet in length, measured from the entrance to the polls. If the
property line of the polling place is less than fifty (50) feet from the
door or entrance to the polling place, the chute is measured from the
exterior door or entrance to the polling place to one-half (1/2) the
distance to the property line of the polling place nearest to the
entrance to the polls. Whenever there are two (2) or more doors or
entrances to the polls, the inspector of the precinct shall designate
one (1) door or entrance as the door for voters to enter for the
purpose of voting. As added by P.L.5-1986, SEC.1. Amended by P.L.69-2003, SEC.1;
P.L.14-2004, SEC.1.
IC 3-5-2-11 "City"
Sec. 11. "City" means a first class city, second class city, or third
class city as classified under IC 36-4-1-1. The term does not include
towns. As added by P.L.5-1986, SEC.1.
IC 3-5-2-11.5 "Commission"
Sec. 11.5. "Commission" refers to the Indiana election
commission established by IC 3-6-4.1-1. As added by P.L.8-1995, SEC.3.
IC 3-5-2-12 "Consolidated city"
Sec. 12. "Consolidated city" refers to a first class city that has
become a consolidated city under IC 36-3-1. As added by P.L.5-1986, SEC.1.
IC 3-5-2-13 "Contestee"
Sec. 13. "Contestee" means a candidate whose nomination or
election is being contested by a contestor. As added by P.L.5-1986, SEC.1.
IC 3-5-2-14 "Contestor"
Sec. 14. "Contestor" means a person who initiates a proceeding to
contest the result of an election. As added by P.L.5-1986, SEC.1.
IC 3-5-2-15 "Contribution"
Sec. 15. (a) "Contribution" means a donation (whether
characterized as an advance, a deposit, a gift, a loan, a subscription,
or a contract or promise to make a donation) of property (as defined
in IC 35-41-1) that satisfies both of the following:
(1) The donation is made for the purpose of influencing any of
the following:
(A) The nomination or election to office of a candidate.
(B) The election of delegates to a state constitutional
convention.
(C) The outcome of a public question.
(2) The donation is accepted by any of the following:
(A) A candidate.
(B) A candidate's committee.
(C) A regular party committee.
(D) A political action committee.
(E) A legislative caucus committee.
(b) Whenever funds are transferred from one (1) committee to
another, the accepting committee is considered to be receiving a
contribution in the amount of the funds transferred.
(c) Whenever a candidate or a committee accepts the personal
services of a person whose compensation is being paid by a third
person, the candidate or committee is considered to be receiving a
contribution from the third person in the amount of the compensation
paid.
(d) Notwithstanding subsection (a), whenever a candidate or a
committee accepts the personal services of a volunteer who is not
being compensated, the candidate or committee is not considered to
be receiving a contribution.
(e) Notwithstanding subsection (a), whenever a political action
committee accepts a donation of:
(1) rent;
(2) office expenses;
(3) management fees;
(4) costs of solicitations of contributions; or
(5) other administrative costs;
the committee is not considered to be receiving a contribution. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.4;
P.L.5-1989, SEC.2; P.L.3-1997, SEC.6.
IC 3-5-2-16 "Convention"
Sec. 16. "Convention" means an organized body of delegates
assembled for the purpose of selecting their political party's
nominees for elected offices. As added by P.L.5-1986, SEC.1.
IC 3-5-2-16.2 "County voter registration office"
Sec. 16.2. "County voter registration office" means the following:
(1) A board of registration established under IC 3-7-12 or by a
county executive acting under IC 3-7-12;
(2) A board of elections and registration established under
IC 3-6-5.2 or IC 3-6-5.4.
(3) The office of the circuit court clerk, in a county in which a
board has not been established under subdivision (1) or (2). As added by P.L.3-1997, SEC.7. Amended by P.L.144-2001, SEC.1.
IC 3-5-2-16.5 "Elderly"
Sec. 16.5. "Elderly" means a voter who is at least sixty-five (65)
years of age. As added by P.L.4-1991, SEC.2.
IC 3-5-2-17 "Elected office"
Sec. 17. "Elected office" means a federal office, state office,
legislative office, school board office, or local office. Political party
offices (such as precinct committeeman and state convention
delegate) are not considered to be elected offices. As added by P.L.5-1986, SEC.1.
IC 3-5-2-18 "Election day"
Sec. 18. "Election day" refers to the calendar day on which an
election is held. As added by P.L.5-1986, SEC.1. IC 3-5-2-19 "Election district"
Sec. 19. "Election district" means the area comprised by precincts
where voters reside whose votes a candidate or committee proposes
to influence. As added by P.L.5-1986, SEC.1.
IC 3-5-2-19.5 "Election division"
Sec. 19.5. "Election division" refers to the election division of the
secretary of state's office established by IC 3-6-4.2-1. As added by P.L.8-1995, SEC.4.
IC 3-5-2-20 "Electorate"
Sec. 20. "Electorate" means all the voters eligible to vote in an
election in the state or a political subdivision. As added by P.L.5-1986, SEC.1.
IC 3-5-2-21 "Electronic voting system"
Sec. 21. "Electronic voting system" means a system in which:
(1) voters record their votes by activating touch-sensitive
marking devices; and
(2) votes are counted by automatic tabulating machines. As added by P.L.5-1986, SEC.1. Amended by P.L.6-1986, SEC.2;
P.L.3-1987, SEC.5.
IC 3-5-2-21.5
Repealed
(Repealed by P.L.221-2005, SEC.144.)
IC 3-5-2-22 "Executive"
Sec. 22. "Executive" means:
(1) board of county commissioners, for a county not having a
consolidated city;
(2) mayor of the consolidated city, for a county having a
consolidated city;
(3) mayor, for a city;
(4) president of the town council, for a town; or
(5) trustee, for a township. As added by P.L.5-1986, SEC.1. Amended by P.L.8-1989, SEC.1.
IC 3-5-2-23 "Expenditure"
Sec. 23. (a) "Expenditure" means a disbursement (whether
characterized as an advance, a deposit, a distribution, a gift, a loan,
a payment, a purchase, or a contract or promise to make a
disbursement) of property (as defined in IC 35-41-1) that:
(1) is made for the purpose of influencing:
(A) the nomination or election to office of a candidate;
(B) the election of delegates to a state constitutional
convention; or
(C) the outcome of a public question; and
(2) is made by:
(A) an individual, except that a contribution made by an
individual is not considered to be an expenditure;
(B) a candidate's committee;
(C) a regular party committee; or
(D) a political action committee.
(b) Whenever funds are transferred from one committee to
another, the disbursing committee is considered to be making an
expenditure in the amount of the funds transferred. As added by P.L.5-1986, SEC.1.
IC 3-5-2-23.2 "Expedited basis"
Sec. 23.2. (a) Except as provided in subsection (b), "expedited
basis" refers to the processing of:
(1) a voter registration application;
(2) a cancellation of a voter registration application;
(3) a transfer of a voter registration application; or
(4) another document that creates or amends the voter
registration record of an individual;
not later than forty-eight (48) hours after the document is received by
a county voter registration office or an agency required under IC 3-7
to transmit voter registration documents to a county voter registration
office.
(b) If a voter registration application or other document listed in
subsection (a) includes a partial Social Security number that must be
submitted to the Commissioner of Social Security for verification
under 42 U.S.C. 405(r), "expedited basis" refers to the processing of
the application or document not later than forty-eight (48) hours after
the bureau of motor vehicles commission receives verification from
the Commissioner regarding the partial Social Security number. As added by P.L.14-2004, SEC.2.
IC 3-5-2-23.7 "Fax"
Sec. 23.7. "Fax" refers to transmission of information by a
facsimile (fax) machine. As added by P.L.126-2002, SEC.2.
IC 3-5-2-24 "Federal office"
Sec. 24. "Federal office" refers to President of the United States,
Vice President of the United States, and Senator and Representative
in the Congress of the United States. As added by P.L.5-1986, SEC.1. IC 3-5-2-24.5 "Filing"
Sec. 24.5. "Filing" means the following:
(1) For purposes of filing an electronic report under IC 3-9-4-4
or IC 3-9-5-7, when the requirements of IC 3-9-4-4 or
IC 3-9-5-7 have been met.
(2) For all other purposes, when all of the following have
occurred:
(A) The presentation of a document to an individual required
to receive the document under this title.
(B) The receipt of the document by the individual.
(C) The recording of the date and time the document was
received by the individual. As added by P.L.10-1988, SEC.1. Amended by P.L.126-2002, SEC.3.
IC 3-5-2-25 "Fiscal body"
Sec. 25. "Fiscal body" means:
(1) county council, for a county not having a consolidated city;
(2) city-county council, for a consolidated city or county having
a consolidated city;
(3) common council, for a second or third class city;
(4) town council, for a town;
(5) township board, for a township; or
(6) governing body or budget approval body, for any other
political subdivision. As added by P.L.5-1986, SEC.1. Amended by P.L.8-1987, SEC.1;
P.L.8-1989, SEC.2.
IC 3-5-2-26 "Fiscal officer"
Sec. 26. "Fiscal officer" means the city controller of a second
class city or the clerk-treasurer of a town or third class city. As added by P.L.5-1986, SEC.1.
IC 3-5-2-26.2 "HAVA"
Sec. 26.2. "HAVA" refers to the Help America Vote Act of 2002
(42 U.S.C. 15301 through 15545). As added by P.L.209-2003, SEC.2.
IC 3-5-2-26.5
Repealed
(Repealed by P.L.4-1991, SEC.147.)
IC 3-5-2-26.6 "Independent"
Sec. 26.6. "Independent" means a candidate, or a ticket of
candidates for President and Vice President of the United States or
for governor and lieutenant governor, who states that the candidate
or ticket is not affiliated with any political party. As added by P.L.3-1993, SEC.4.
IC 3-5-2-26.7 "Individual with a nontraditional residence"
Sec. 26.7. "Individual with a nontraditional residence" means a
person who:
(1) does not reside in a private residential dwelling or an
institutional structure; and
(2) maintains a mobile residence or usually sleeps in a shelter,
public area, or public right-of-way. As added by P.L.12-1995, SEC.3.
IC 3-5-2-26.8 "Lawful detention"
Sec. 26.8. "Lawful detention" has the meaning set forth in
IC 35-41-1-18. As added by P.L.12-1995, SEC.4.
IC 3-5-2-27 "Legislative body"
Sec. 27. "Legislative body" means the body having the power to
adopt county, city, or town ordinances under IC 36-1-3-6. As added by P.L.5-1986, SEC.1.
IC 3-5-2-27.3 "Legislative caucus committee"
Sec. 27.3. "Legislative caucus committee" means an organization
that satisfies all of the following:
(1) The organization is organized by members of the general
assembly who belong to the same state political party.
(2) The organization proposes to influence only the election of
candidates for legislative office.
(3) The organization accepts contributions or makes
expenditures that in the aggregate exceed one hundred dollars
($100) during a calendar year to influence only the election of
candidates for legislative office. As added by P.L.3-1997, SEC.9.
IC 3-5-2-28 "Legislative office"
Sec. 28. "Legislative office" refers to senator and representative
in the general assembly. As added by P.L.5-1986, SEC.1.
IC 3-5-2-29 "Local office"
Sec. 29. "Local office" means a circuit office, county office, city
office, town office, township office, or other civil office for which
the electorate of a political subdivision votes. The term includes all
elected offices other than federal, state, legislative, and school board
offices. As added by P.L.5-1986, SEC.1.
IC 3-5-2-30 "Major political party"
Sec. 30. "Major political party" refers to:
(1) with respect to the state, either of the two (2) parties whose
nominees received the highest and second highest numbers of
votes statewide for secretary of state in the last election; or
(2) with respect to a political subdivision, either of the two (2)
parties whose nominees received the highest and second highest
numbers of votes in that political subdivision for secretary of
state in the last election. As added by P.L.5-1986, SEC.1.
IC 3-5-2-31 "Marking device"
Sec. 31. "Marking device" means:
(1) a pencil for marking a paper ballot or ballot card; or
(2) an approved touch-sensitive device that automatically
registers a vote on an electronic voting system. As added by P.L.5-1986, SEC.1. Amended by P.L.6-1986, SEC.3;
P.L.3-1987, SEC.6; P.L.221-2005, SEC.5.
IC 3-5-2-31.5 "Member of the military or public safety officer"
Sec. 31.5. "Member of the military or public safety officer" has
the meaning set forth in IC 10-14-2-5. As added by P.L.120-2009, SEC.1.
IC 3-5-2-32 "Municipality"
Sec. 32. "Municipality" means a city or town. As added by P.L.5-1986, SEC.1.
IC 3-5-2-32.5
Repealed
(Repealed by P.L.176-1999, SEC.132.)
IC 3-5-2-32.7 "Nomination date"
Sec. 32.7. "Nomination date" refers to the following:
(1) For candidates nominated in a primary election, the date of
the primary election.
(2) For candidates nominated in a convention, the date the
convention is scheduled to be called to order, according to the
call of the convention issued by the political party.
(3) For candidates selected to fill a ballot vacancy, the date the
certificate of selection of the candidate is filed under
IC 3-13-1-15 or IC 3-13-2-8.
(4) For candidates nominated by petition, the final date the
petition of nomination is permitted to be filed under
IC 3-8-6-10(c).
(5) For write-in candidates, the final date the candidate's
declaration of intent to be a write-in candidate is permitted to be
filed under IC 3-8-2-4. As added by P.L.3-1997, SEC.11. Amended by P.L.176-1999, SEC.2.
IC 3-5-2-33 "Nominee"
Sec. 33. "Nominee" means a candidate:
(1) nominated by a political party at a primary election or
convention under this title as the party's candidate for an elected
office in a general, municipal, or special election; or
(2) nominated by petition for an elected office. As added by P.L.5-1986, SEC.1.
IC 3-5-2-33.5 "NVRA"
Sec. 33.5. "NVRA" refers to the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg). As added by P.L.12-1995, SEC.5.
IC 3-5-2-33.7 "NVRA official"
Sec. 33.7. "NVRA official" refers to the designee under
IC 3-7-11-1. As added by P.L.8-1995, SEC.5.
IC 3-5-2-33.8 "Office"
Sec. 33.8. "Office" refers to the office of census data established
by IC 2-5-1.1-12.2. As added by P.L.212-2001, SEC.8. Amended by P.L.1-2002, SEC.7.
IC 3-5-2-33.9 "Optical scan ballot"
Sec. 33.9. (a) "Optical scan ballot" means a card or another paper
on which votes are:
(1) recorded by marking the card or paper in ink or pencil; and
(2) tabulated by an optical system that reads the marks on the
card or paper.
(b) "Optical scan voting system" means a voting system using
optical scan ballots. As added by P.L.239-2001, SEC.3.
IC 3-5-2-34 "Organization"
Sec. 34. "Organization" means a person that is not an individual.
The term includes a business firm or corporation, a limited liability
company, a labor organization, a religious organization, a political
club, a trustee, a receiver, or any other type of association or group
of individuals. As added by P.L.5-1986, SEC.1. Amended by P.L.8-1993, SEC.4.
IC 3-5-2-34.5 "Overseas voter"
Sec. 34.5. "Overseas voter" refers to any of the following:
(1) An absent uniformed services voter who, by reason of active
duty or service, is absent from the United States on the date of
the election involved.
(2) A person who resides outside the United States and is
qualified to vote in the last place in which the person was
domiciled before leaving the United States.
(3) A person who resides outside the United States and, but for
such residence, would be qualified to vote in the last place in
which the person was domiciled before leaving the United
States. As added by P.L.14-1993, SEC.2. Amended by P.L.12-1995, SEC.6;
P.L.3-1997, SEC.12; P.L.126-2002, SEC.4.
IC 3-5-2-34.7 "Paper ballot"
Sec. 34.7. (a) "Paper ballot" refers to a ballot that is:
(1) marked by a voter using a pen or pencil; and
(2) designed to be counted by hand and not counted on an
automatic tabulating machine.
(b) "Paper ballot" does not include a ballot card. As added by P.L.58-2005, SEC.2.
IC 3-5-2-35 "Paster"
Sec. 35. "Paster" means a sticker that is used to correct the name
of a candidate on ballots whenever:
(1) a new candidate is appointed or selected under IC 3-13-1 or
IC 3-13-2; or
(2) a change must be made to correct any error;
after the ballots are printed and before the election. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.7.
IC 3-5-2-36 "Person"
Sec. 36. "Person" means an individual or an organization. As added by P.L.5-1986, SEC.1.
IC 3-5-2-37 "Political action committee"
Sec. 37. (a) Except as provided in subsection (b), "political action
committee" means an organization located within or outside Indiana
that satisfies all of the following:
(1) The organization proposes to influence:
(A) the election of a candidate for state, legislative, local, or
school board office; or
(B) the outcome of a public question.
(2) The organization accepts contributions or makes
expenditures during a calendar year:
(A) to influence the election of a candidate for state,
legislative, local, or school board office or the outcome of a
public question that will appear on the ballot in Indiana; and
(B) that in the aggregate exceed one hundred dollars ($100).
(3) The organization is not any of the following:
(A) An auxiliary party organization.
(B) A legislative caucus committee.
(C) A regular party committee.
(D) A candidate's committee.
(b) A corporation or labor organization that makes a contribution
in accordance with IC 3-9-2 or makes an expenditure is not
considered a political action committee. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.8;
P.L.7-1990, SEC.1; P.L.3-1995, SEC.5; P.L.3-1997, SEC.13;
P.L.2-1998, SEC.2; P.L.176-1999, SEC.3.
IC 3-5-2-38 "Political subdivision"
Sec. 38. "Political subdivision" means a county, city, town,
township, school corporation, public library, local housing authority,
fire protection district, public transportation corporation, local
building authority, local hospital authority or corporation, local
airport authority, special service district, special taxing district, or
other type of local governmental corporate entity. As added by P.L.5-1986, SEC.1.
IC 3-5-2-39 "Polls"
Sec. 39. "Polls" means the room in a structure where the voters of
a precinct vote by casting ballots. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.9.
IC 3-5-2-40 "Precinct"
Sec. 40. "Precinct" means a subdivision of a county or township
established for election purposes. As added by P.L.5-1986, SEC.1.
IC 3-5-2-40.1 "Precinct election officer"
Sec. 40.1. "Precinct election officer" means a person appointed to
serve in a precinct as one (1) of the following:
(1) Inspector.
(2) Judge.
(3) Poll clerk.
(4) Assistant poll clerk.
(5) Election sheriff. As added by P.L.3-1987, SEC.10.
IC 3-5-2-40.5 "Proof of identification"
Sec. 40.5. "Proof of identification" refers to a document that
satisfies all the following:
(1) The document shows the name of the individual to whom
the document was issued, and the name conforms to the name
in the individual's voter registration record.
(2) The document shows a photograph of the individual to
whom the document was issued.
(3) The document includes an expiration date, and the
document:
(A) is not expired; or
(B) expired after the date of the most recent general election.
(4) The document was issued by the United States or the state
of Indiana. As added by P.L.109-2005, SEC.1.
IC 3-5-2-40.6 "Provisional ballot"
Sec. 40.6. "Provisional ballot" refers to a ballot cast in accordance
with the provisions of IC 3-11.7. As added by P.L.126-2002, SEC.5.
IC 3-5-2-40.7 "Provisional voter"
Sec. 40.7. "Provisional voter" refers to an individual who is
entitled to cast a provisional ballot under IC 3-11.7. As added by P.L.126-2002, SEC.6.
IC 3-5-2-41 "Public question"
Sec. 41. "Public question" means a constitutional amendment,
proposition, or other issue submitted to the electorate at an election. As added by P.L.5-1986, SEC.1.
IC 3-5-2-41.5
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-5-2-41.6
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-5-2-41.7 "Registration agency"
Sec. 41.7. "Registration agency" refers to any of the following:
(1) The bureau of motor vehicles.
(2) Any other agency at which individuals may register to vote
under IC 3-7. As added by P.L.126-2002, SEC.7.
IC 3-5-2-42 "Regular party committee"
Sec. 42. "Regular party committee" means:
(1) a central committee; or
(2) a national committee of a political party. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1995, SEC.6.
IC 3-5-2-42.5 "Residence"
Sec. 42.5. "Residence" means the place:
(1) where a person has the person's true, fixed, and permanent
home and principal establishment; and
(2) to which the person has, whenever absent, the intention of
returning. As added by P.L.12-1995, SEC.7.
IC 3-5-2-43
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-5-2-44 "School board"
Sec. 44. "School board" means the fiscal body of a school
corporation. As added by P.L.5-1986, SEC.1.
IC 3-5-2-45 "School board office"
Sec. 45. "School board office" refers to an elected position on the
school board of a school corporation. As added by P.L.5-1986, SEC.1.
IC 3-5-2-46 "School corporation"
Sec. 46. "School corporation" refers to a public school
corporation established under IC 20. As added by P.L.5-1986, SEC.1.
IC 3-5-2-47 "School district"
Sec. 47. "School district" means the taxing district of a school
corporation. As added by P.L.5-1986, SEC.1. IC 3-5-2-48 "State office"
Sec. 48. "State office" refers to governor, lieutenant governor,
secretary of state, auditor of state, treasurer of state, superintendent
of public instruction, attorney general, justice of the supreme court,
judge of the court of appeals, and judge of the tax court. As added by P.L.5-1986, SEC.1. Amended by P.L.14-2004, SEC.3.
IC 3-5-2-48.5 "Testing authority"
Sec. 48.5. "Testing authority" means an independent test authority
or independent laboratory:
(1) as described in the Voting System Standards issued by the
Federal Election Commission on April 30, 2002; or
(2) accredited under Section 231 of HAVA (42 U.S.C. 15371). As added by P.L.3-1997, SEC.14. Amended by P.L.126-2002, SEC.8;
P.L.66-2003, SEC.2; P.L.221-2005, SEC.6.
IC 3-5-2-49 "Town"
Sec. 49. "Town" refers to an incorporated town of any population.
The term does not include cities. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1995, SEC.7.
IC 3-5-2-49.3 "Uniformed services"
Sec. 49.3. "Uniformed services" means the Army, Navy, Air
Force, Marine Corps, and Coast Guard, the commissioned corps of
the Public Health Service, and the commissioned corps of the
National Oceanic and Atmospheric Administration. As added by P.L.3-1997, SEC.15.
IC 3-5-2-49.6 "United States"
Sec. 49.6. "United States", as used in section 34.5 of this chapter,
means any of the states of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, and American Samoa. As added by P.L.3-1997, SEC.16.
IC 3-5-2-49.9 "Vote center"
Sec. 49.9. (a) "Vote center" means a polling place where a voter
who resides in the county in which the vote center is located may
vote without regard to the precinct in which the voter resides.
(b) This section expires December 31, 2010. As added by P.L.164-2006, SEC.1. Amended by P.L.108-2008,
SEC.1.
IC 3-5-2-50 "Voter"
Sec. 50. "Voter" means a person who is qualified and registered
to vote in an election. As added by P.L.5-1986, SEC.1.
IC 3-5-2-50.1 "Voter identification number"
Sec. 50.1. "Voter identification number" refers to the number
determined for a voter under IC 3-7-13-13. As added by P.L.199-2001, SEC.1.
IC 3-5-2-50.2 "Voter with disabilities"
Sec. 50.2. "Voter with disabilities" means a voter who has a
permanent or temporary physical disability, as set forth in 42 U.S.C.
1973ee-6(4). As added by P.L.4-1991, SEC.3.
IC 3-5-2-50.4 "Voter's bill of rights"
Sec. 50.4. "Voter's bill of rights" refers to the statement prescribed
by the commission under IC 3-5-8. As added by P.L.126-2002, SEC.9.
IC 3-5-2-50.6
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-5-2-51 "Voting mark"
Sec. 51. "Voting mark" means a cross mark or check mark (X or
.). As added by P.L.6-1986, SEC.4.
IC 3-5-2-52 "Voting method"
Sec. 52. "Voting method" means the use of:
(1) paper ballots;
(2) ballot card voting systems;
(3) electronic voting systems; or
(4) any combination of these;
to register votes in a precinct. As added by P.L.3-1987, SEC.11. Amended by P.L.221-2005, SEC.7.
IC 3-5-2-53 "Voting system"
Sec. 53. "Voting system" means, as provided in 42 U.S.C. 15481:
(1) the total combination of mechanical, electromechanical, or
electronic equipment (including the software, firmware, and
documentation required to program, control, and support that
equipment) that is used:
(A) to define ballots;
(B) to cast and count votes;
(C) to report or display election results; and
(D) to maintain and produce any audit trail information; and
(2) the practices and associated documentation used:
(A) to identify system components and versions of those
components;
(B) to test the system during its development and
maintenance;
(C) to maintain records of system errors and defects;
(D) to determine specific system changes to be made to a
system after the initial qualification of the system; and
(E) to make available any materials to the voter (such as
notices, instructions, forms, or paper ballots). As added by P.L.4-1991, SEC.5. Amended by P.L.209-2003, SEC.3;
P.L.164-2006, SEC.2.
IC 3-5-2-54 "Write-in candidate"
Sec. 54. "Write-in candidate" means a candidate:
(1) who has filed a declaration of intent to be a write-in
candidate; and
(2) whose declaration of intent to be a write-in candidate has
been accepted by the appropriate authority under IC 3-8-2-5 and
IC 3-8-2-6. As added by P.L.4-1991, SEC.6.
IC 3-5-2-1 Application of definitions
Sec. 1. The definitions in this chapter apply throughout this title. As added by P.L.5-1986, SEC.1.
IC 3-5-2-1.5 "Absent uniformed services voter"
Sec. 1.5. "Absent uniformed services voter" refers to any of the
following:
(1) A member of a uniformed service on active duty who, by
reason of active duty, is absent from the place of residence
where the member is otherwise qualified to vote.
(2) A member of the merchant marine who, by reason of service
in the merchant marine, is absent from the place of residence
where the member is otherwise qualified to vote.
(3) A member of the Indiana national guard deployed or on
assignment outside Indiana.
(4) A spouse or dependent of a member referred to in
subdivision (1), (2), or (3) who, by reason of the active duty or
service of the member, is absent from the place of residence
where the spouse or dependent is otherwise qualified to vote. As added by P.L.14-1993, SEC.1. Amended by P.L.12-1995, SEC.1;
P.L.3-1997, SEC.3; P.L.126-2002, SEC.1.
IC 3-5-2-1.7 "Active voter"
Sec. 1.7. "Active voter" refers to a voter who satisfies either of the
following:
(1) The voter has registered or voted in any election during the
preceding four (4) years at the address indicated on the voter's
registration record.
(2) The voter has not voted in any election during the preceding
four (4) years at the address indicated on the voter's registration
record and has responded in writing to an address confirmation
notice sent under IC 3-7 not later than thirty (30) days after the
notice was sent. As added by P.L.12-1995, SEC.2. Amended by P.L.4-1996, SEC.1;
P.L.38-1999, SEC.1.
IC 3-5-2-2 "Automatic tabulating machine"
Sec. 2. "Automatic tabulating machine" means:
(1) apparatus necessary to automatically examine and count
votes as designated on ballots; and
(2) data processing machines that can be used for counting
ballots and tabulating results. As added by P.L.5-1986, SEC.1. Amended by P.L.6-1986, SEC.1. IC 3-5-2-2.5 "Auxiliary party organization"
Sec. 2.5. "Auxiliary party organization" means an organization
located within or outside Indiana that:
(1) is affiliated with a political party;
(2) proposes to influence the election of a candidate for state,
legislative, local, or school board office, or the outcome of a
public question; and
(3) has not:
(A) had an annual budget of five thousand dollars ($5,000)
or more in at least one (1) of the last two (2) years; or
(B) made a contribution of more than one thousand dollars
($1,000) to another committee or to a candidate. As added by P.L.3-1995, SEC.3. Amended by P.L.176-1999, SEC.1.
IC 3-5-2-3 "Ballot"
Sec. 3. "Ballot" means:
(1) the paper ballot prepared, printed, and supplied for use at an
election;
(2) the ballot label prepared, printed, and supplied for use on
the front of an electronic voting system; or
(3) the ballot card prepared, printed, and supplied for use in a
ballot card voting system. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.2;
P.L.221-2005, SEC.1.
IC 3-5-2-4 "Ballot card"
Sec. 4. "Ballot card" refers to an optical scan ballot. As added by P.L.5-1986, SEC.1. Amended by P.L.239-2001, SEC.1;
P.L.221-2005, SEC.2.
IC 3-5-2-4.5 "Ballot card voting system"
Sec. 4.5. "Ballot card voting system" refers to an optical scan
voting system. As added by P.L.239-2001, SEC.2. Amended by P.L.221-2005,
SEC.3.
IC 3-5-2-5 "Ballot label"
Sec. 5. "Ballot label" means:
(1) the printed strip or sheet of cardboard or paper, supplied for
use on an electronic voting system, that contains the names of
the candidates and the public questions on the ballot; or
(2) the material, supplied for use with a ballot card voting
system, that contains those names and questions. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.3;
P.L.221-2005, SEC.4. IC 3-5-2-5.5 "Bona fide political party"
Sec. 5.5. "Bona fide political party" means:
(1) a major political party; or
(2) a political party that has:
(A) nominated at least one (1) candidate for political office
during the preceding five (5) years;
(B) held a convention; or
(C) raised money and filed the financial reports required by
law. As added by P.L.3-1993, SEC.3.
IC 3-5-2-6 "Candidate"
Sec. 6. (a) Except as provided in subsection (b), "candidate"
means a person who:
(1) has taken the action necessary to qualify under Indiana law
for listing on the ballot at an election or to become a write-in
candidate;
(2) has publicly announced or declared candidacy for an elected
office; or
(3) otherwise seeks nomination for or election to an elected
office, regardless of whether the individual wins election to the
office.
(b) As used in IC 3-9, an individual becomes a "candidate" when
the individual, the candidate's committee, or a person acting with the
consent of the individual:
(1) receives more than one hundred dollars ($100) in
contributions; or
(2) makes more than one hundred dollars ($100) in
expenditures. As added by P.L.5-1986, SEC.1. Amended by P.L.4-1991, SEC.1;
P.L.3-1997, SEC.4.
IC 3-5-2-7 "Candidate's committee"
Sec. 7. "Candidate's committee" means:
(1) the principal political committee that each candidate is
required to have under IC 3-9-1; or
(2) an exploratory committee established by a candidate who
has not decided whether to become a candidate for a specific
office. As added by P.L.5-1986, SEC.1. Amended by P.L.8-1992, SEC.2;
P.L.3-1995, SEC.4.
IC 3-5-2-7.5 "Caucus"
Sec. 7.5. As used in IC 3-9, "caucus" refers to a caucus to fill a
candidate vacancy under IC 3-13-1 or IC 3-13-2. The term does not
include a caucus to fill a vacant office under IC 3-13-5 or IC 3-13-11.
As added by P.L.3-1997, SEC.5.
IC 3-5-2-8 "Central committee"
Sec. 8. "Central committee" means a state committee,
congressional district committee, county committee, city committee,
or town committee of a political party. As added by P.L.5-1986, SEC.1.
IC 3-5-2-8.7
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-5-2-9 "Chairman"
Sec. 9. "Chairman" refers to the chairman of a central committee
as follows:
(1) State chairman, chairman of a state committee.
(2) District chairman, chairman of a congressional district
committee.
(3) County chairman, chairman of a county committee.
(4) City chairman, chairman of a city committee.
(5) Town chairman, chairman of a town committee. As added by P.L.5-1986, SEC.1.
IC 3-5-2-10 "Chute"
Sec. 10. "Chute" means the area or pathway that extends fifty (50)
feet in length, measured from the entrance to the polls. If the
property line of the polling place is less than fifty (50) feet from the
door or entrance to the polling place, the chute is measured from the
exterior door or entrance to the polling place to one-half (1/2) the
distance to the property line of the polling place nearest to the
entrance to the polls. Whenever there are two (2) or more doors or
entrances to the polls, the inspector of the precinct shall designate
one (1) door or entrance as the door for voters to enter for the
purpose of voting. As added by P.L.5-1986, SEC.1. Amended by P.L.69-2003, SEC.1;
P.L.14-2004, SEC.1.
IC 3-5-2-11 "City"
Sec. 11. "City" means a first class city, second class city, or third
class city as classified under IC 36-4-1-1. The term does not include
towns. As added by P.L.5-1986, SEC.1.
IC 3-5-2-11.5 "Commission"
Sec. 11.5. "Commission" refers to the Indiana election
commission established by IC 3-6-4.1-1. As added by P.L.8-1995, SEC.3.
IC 3-5-2-12 "Consolidated city"
Sec. 12. "Consolidated city" refers to a first class city that has
become a consolidated city under IC 36-3-1. As added by P.L.5-1986, SEC.1.
IC 3-5-2-13 "Contestee"
Sec. 13. "Contestee" means a candidate whose nomination or
election is being contested by a contestor. As added by P.L.5-1986, SEC.1.
IC 3-5-2-14 "Contestor"
Sec. 14. "Contestor" means a person who initiates a proceeding to
contest the result of an election. As added by P.L.5-1986, SEC.1.
IC 3-5-2-15 "Contribution"
Sec. 15. (a) "Contribution" means a donation (whether
characterized as an advance, a deposit, a gift, a loan, a subscription,
or a contract or promise to make a donation) of property (as defined
in IC 35-41-1) that satisfies both of the following:
(1) The donation is made for the purpose of influencing any of
the following:
(A) The nomination or election to office of a candidate.
(B) The election of delegates to a state constitutional
convention.
(C) The outcome of a public question.
(2) The donation is accepted by any of the following:
(A) A candidate.
(B) A candidate's committee.
(C) A regular party committee.
(D) A political action committee.
(E) A legislative caucus committee.
(b) Whenever funds are transferred from one (1) committee to
another, the accepting committee is considered to be receiving a
contribution in the amount of the funds transferred.
(c) Whenever a candidate or a committee accepts the personal
services of a person whose compensation is being paid by a third
person, the candidate or committee is considered to be receiving a
contribution from the third person in the amount of the compensation
paid.
(d) Notwithstanding subsection (a), whenever a candidate or a
committee accepts the personal services of a volunteer who is not
being compensated, the candidate or committee is not considered to
be receiving a contribution.
(e) Notwithstanding subsection (a), whenever a political action
committee accepts a donation of:
(1) rent;
(2) office expenses;
(3) management fees;
(4) costs of solicitations of contributions; or
(5) other administrative costs;
the committee is not considered to be receiving a contribution. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.4;
P.L.5-1989, SEC.2; P.L.3-1997, SEC.6.
IC 3-5-2-16 "Convention"
Sec. 16. "Convention" means an organized body of delegates
assembled for the purpose of selecting their political party's
nominees for elected offices. As added by P.L.5-1986, SEC.1.
IC 3-5-2-16.2 "County voter registration office"
Sec. 16.2. "County voter registration office" means the following:
(1) A board of registration established under IC 3-7-12 or by a
county executive acting under IC 3-7-12;
(2) A board of elections and registration established under
IC 3-6-5.2 or IC 3-6-5.4.
(3) The office of the circuit court clerk, in a county in which a
board has not been established under subdivision (1) or (2). As added by P.L.3-1997, SEC.7. Amended by P.L.144-2001, SEC.1.
IC 3-5-2-16.5 "Elderly"
Sec. 16.5. "Elderly" means a voter who is at least sixty-five (65)
years of age. As added by P.L.4-1991, SEC.2.
IC 3-5-2-17 "Elected office"
Sec. 17. "Elected office" means a federal office, state office,
legislative office, school board office, or local office. Political party
offices (such as precinct committeeman and state convention
delegate) are not considered to be elected offices. As added by P.L.5-1986, SEC.1.
IC 3-5-2-18 "Election day"
Sec. 18. "Election day" refers to the calendar day on which an
election is held. As added by P.L.5-1986, SEC.1. IC 3-5-2-19 "Election district"
Sec. 19. "Election district" means the area comprised by precincts
where voters reside whose votes a candidate or committee proposes
to influence. As added by P.L.5-1986, SEC.1.
IC 3-5-2-19.5 "Election division"
Sec. 19.5. "Election division" refers to the election division of the
secretary of state's office established by IC 3-6-4.2-1. As added by P.L.8-1995, SEC.4.
IC 3-5-2-20 "Electorate"
Sec. 20. "Electorate" means all the voters eligible to vote in an
election in the state or a political subdivision. As added by P.L.5-1986, SEC.1.
IC 3-5-2-21 "Electronic voting system"
Sec. 21. "Electronic voting system" means a system in which:
(1) voters record their votes by activating touch-sensitive
marking devices; and
(2) votes are counted by automatic tabulating machines. As added by P.L.5-1986, SEC.1. Amended by P.L.6-1986, SEC.2;
P.L.3-1987, SEC.5.
IC 3-5-2-21.5
Repealed
(Repealed by P.L.221-2005, SEC.144.)
IC 3-5-2-22 "Executive"
Sec. 22. "Executive" means:
(1) board of county commissioners, for a county not having a
consolidated city;
(2) mayor of the consolidated city, for a county having a
consolidated city;
(3) mayor, for a city;
(4) president of the town council, for a town; or
(5) trustee, for a township. As added by P.L.5-1986, SEC.1. Amended by P.L.8-1989, SEC.1.
IC 3-5-2-23 "Expenditure"
Sec. 23. (a) "Expenditure" means a disbursement (whether
characterized as an advance, a deposit, a distribution, a gift, a loan,
a payment, a purchase, or a contract or promise to make a
disbursement) of property (as defined in IC 35-41-1) that:
(1) is made for the purpose of influencing:
(A) the nomination or election to office of a candidate;
(B) the election of delegates to a state constitutional
convention; or
(C) the outcome of a public question; and
(2) is made by:
(A) an individual, except that a contribution made by an
individual is not considered to be an expenditure;
(B) a candidate's committee;
(C) a regular party committee; or
(D) a political action committee.
(b) Whenever funds are transferred from one committee to
another, the disbursing committee is considered to be making an
expenditure in the amount of the funds transferred. As added by P.L.5-1986, SEC.1.
IC 3-5-2-23.2 "Expedited basis"
Sec. 23.2. (a) Except as provided in subsection (b), "expedited
basis" refers to the processing of:
(1) a voter registration application;
(2) a cancellation of a voter registration application;
(3) a transfer of a voter registration application; or
(4) another document that creates or amends the voter
registration record of an individual;
not later than forty-eight (48) hours after the document is received by
a county voter registration office or an agency required under IC 3-7
to transmit voter registration documents to a county voter registration
office.
(b) If a voter registration application or other document listed in
subsection (a) includes a partial Social Security number that must be
submitted to the Commissioner of Social Security for verification
under 42 U.S.C. 405(r), "expedited basis" refers to the processing of
the application or document not later than forty-eight (48) hours after
the bureau of motor vehicles commission receives verification from
the Commissioner regarding the partial Social Security number. As added by P.L.14-2004, SEC.2.
IC 3-5-2-23.7 "Fax"
Sec. 23.7. "Fax" refers to transmission of information by a
facsimile (fax) machine. As added by P.L.126-2002, SEC.2.
IC 3-5-2-24 "Federal office"
Sec. 24. "Federal office" refers to President of the United States,
Vice President of the United States, and Senator and Representative
in the Congress of the United States. As added by P.L.5-1986, SEC.1. IC 3-5-2-24.5 "Filing"
Sec. 24.5. "Filing" means the following:
(1) For purposes of filing an electronic report under IC 3-9-4-4
or IC 3-9-5-7, when the requirements of IC 3-9-4-4 or
IC 3-9-5-7 have been met.
(2) For all other purposes, when all of the following have
occurred:
(A) The presentation of a document to an individual required
to receive the document under this title.
(B) The receipt of the document by the individual.
(C) The recording of the date and time the document was
received by the individual. As added by P.L.10-1988, SEC.1. Amended by P.L.126-2002, SEC.3.
IC 3-5-2-25 "Fiscal body"
Sec. 25. "Fiscal body" means:
(1) county council, for a county not having a consolidated city;
(2) city-county council, for a consolidated city or county having
a consolidated city;
(3) common council, for a second or third class city;
(4) town council, for a town;
(5) township board, for a township; or
(6) governing body or budget approval body, for any other
political subdivision. As added by P.L.5-1986, SEC.1. Amended by P.L.8-1987, SEC.1;
P.L.8-1989, SEC.2.
IC 3-5-2-26 "Fiscal officer"
Sec. 26. "Fiscal officer" means the city controller of a second
class city or the clerk-treasurer of a town or third class city. As added by P.L.5-1986, SEC.1.
IC 3-5-2-26.2 "HAVA"
Sec. 26.2. "HAVA" refers to the Help America Vote Act of 2002
(42 U.S.C. 15301 through 15545). As added by P.L.209-2003, SEC.2.
IC 3-5-2-26.5
Repealed
(Repealed by P.L.4-1991, SEC.147.)
IC 3-5-2-26.6 "Independent"
Sec. 26.6. "Independent" means a candidate, or a ticket of
candidates for President and Vice President of the United States or
for governor and lieutenant governor, who states that the candidate
or ticket is not affiliated with any political party. As added by P.L.3-1993, SEC.4.
IC 3-5-2-26.7 "Individual with a nontraditional residence"
Sec. 26.7. "Individual with a nontraditional residence" means a
person who:
(1) does not reside in a private residential dwelling or an
institutional structure; and
(2) maintains a mobile residence or usually sleeps in a shelter,
public area, or public right-of-way. As added by P.L.12-1995, SEC.3.
IC 3-5-2-26.8 "Lawful detention"
Sec. 26.8. "Lawful detention" has the meaning set forth in
IC 35-41-1-18. As added by P.L.12-1995, SEC.4.
IC 3-5-2-27 "Legislative body"
Sec. 27. "Legislative body" means the body having the power to
adopt county, city, or town ordinances under IC 36-1-3-6. As added by P.L.5-1986, SEC.1.
IC 3-5-2-27.3 "Legislative caucus committee"
Sec. 27.3. "Legislative caucus committee" means an organization
that satisfies all of the following:
(1) The organization is organized by members of the general
assembly who belong to the same state political party.
(2) The organization proposes to influence only the election of
candidates for legislative office.
(3) The organization accepts contributions or makes
expenditures that in the aggregate exceed one hundred dollars
($100) during a calendar year to influence only the election of
candidates for legislative office. As added by P.L.3-1997, SEC.9.
IC 3-5-2-28 "Legislative office"
Sec. 28. "Legislative office" refers to senator and representative
in the general assembly. As added by P.L.5-1986, SEC.1.
IC 3-5-2-29 "Local office"
Sec. 29. "Local office" means a circuit office, county office, city
office, town office, township office, or other civil office for which
the electorate of a political subdivision votes. The term includes all
elected offices other than federal, state, legislative, and school board
offices. As added by P.L.5-1986, SEC.1.
IC 3-5-2-30 "Major political party"
Sec. 30. "Major political party" refers to:
(1) with respect to the state, either of the two (2) parties whose
nominees received the highest and second highest numbers of
votes statewide for secretary of state in the last election; or
(2) with respect to a political subdivision, either of the two (2)
parties whose nominees received the highest and second highest
numbers of votes in that political subdivision for secretary of
state in the last election. As added by P.L.5-1986, SEC.1.
IC 3-5-2-31 "Marking device"
Sec. 31. "Marking device" means:
(1) a pencil for marking a paper ballot or ballot card; or
(2) an approved touch-sensitive device that automatically
registers a vote on an electronic voting system. As added by P.L.5-1986, SEC.1. Amended by P.L.6-1986, SEC.3;
P.L.3-1987, SEC.6; P.L.221-2005, SEC.5.
IC 3-5-2-31.5 "Member of the military or public safety officer"
Sec. 31.5. "Member of the military or public safety officer" has
the meaning set forth in IC 10-14-2-5. As added by P.L.120-2009, SEC.1.
IC 3-5-2-32 "Municipality"
Sec. 32. "Municipality" means a city or town. As added by P.L.5-1986, SEC.1.
IC 3-5-2-32.5
Repealed
(Repealed by P.L.176-1999, SEC.132.)
IC 3-5-2-32.7 "Nomination date"
Sec. 32.7. "Nomination date" refers to the following:
(1) For candidates nominated in a primary election, the date of
the primary election.
(2) For candidates nominated in a convention, the date the
convention is scheduled to be called to order, according to the
call of the convention issued by the political party.
(3) For candidates selected to fill a ballot vacancy, the date the
certificate of selection of the candidate is filed under
IC 3-13-1-15 or IC 3-13-2-8.
(4) For candidates nominated by petition, the final date the
petition of nomination is permitted to be filed under
IC 3-8-6-10(c).
(5) For write-in candidates, the final date the candidate's
declaration of intent to be a write-in candidate is permitted to be
filed under IC 3-8-2-4. As added by P.L.3-1997, SEC.11. Amended by P.L.176-1999, SEC.2.
IC 3-5-2-33 "Nominee"
Sec. 33. "Nominee" means a candidate:
(1) nominated by a political party at a primary election or
convention under this title as the party's candidate for an elected
office in a general, municipal, or special election; or
(2) nominated by petition for an elected office. As added by P.L.5-1986, SEC.1.
IC 3-5-2-33.5 "NVRA"
Sec. 33.5. "NVRA" refers to the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg). As added by P.L.12-1995, SEC.5.
IC 3-5-2-33.7 "NVRA official"
Sec. 33.7. "NVRA official" refers to the designee under
IC 3-7-11-1. As added by P.L.8-1995, SEC.5.
IC 3-5-2-33.8 "Office"
Sec. 33.8. "Office" refers to the office of census data established
by IC 2-5-1.1-12.2. As added by P.L.212-2001, SEC.8. Amended by P.L.1-2002, SEC.7.
IC 3-5-2-33.9 "Optical scan ballot"
Sec. 33.9. (a) "Optical scan ballot" means a card or another paper
on which votes are:
(1) recorded by marking the card or paper in ink or pencil; and
(2) tabulated by an optical system that reads the marks on the
card or paper.
(b) "Optical scan voting system" means a voting system using
optical scan ballots. As added by P.L.239-2001, SEC.3.
IC 3-5-2-34 "Organization"
Sec. 34. "Organization" means a person that is not an individual.
The term includes a business firm or corporation, a limited liability
company, a labor organization, a religious organization, a political
club, a trustee, a receiver, or any other type of association or group
of individuals. As added by P.L.5-1986, SEC.1. Amended by P.L.8-1993, SEC.4.
IC 3-5-2-34.5 "Overseas voter"
Sec. 34.5. "Overseas voter" refers to any of the following:
(1) An absent uniformed services voter who, by reason of active
duty or service, is absent from the United States on the date of
the election involved.
(2) A person who resides outside the United States and is
qualified to vote in the last place in which the person was
domiciled before leaving the United States.
(3) A person who resides outside the United States and, but for
such residence, would be qualified to vote in the last place in
which the person was domiciled before leaving the United
States. As added by P.L.14-1993, SEC.2. Amended by P.L.12-1995, SEC.6;
P.L.3-1997, SEC.12; P.L.126-2002, SEC.4.
IC 3-5-2-34.7 "Paper ballot"
Sec. 34.7. (a) "Paper ballot" refers to a ballot that is:
(1) marked by a voter using a pen or pencil; and
(2) designed to be counted by hand and not counted on an
automatic tabulating machine.
(b) "Paper ballot" does not include a ballot card. As added by P.L.58-2005, SEC.2.
IC 3-5-2-35 "Paster"
Sec. 35. "Paster" means a sticker that is used to correct the name
of a candidate on ballots whenever:
(1) a new candidate is appointed or selected under IC 3-13-1 or
IC 3-13-2; or
(2) a change must be made to correct any error;
after the ballots are printed and before the election. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.7.
IC 3-5-2-36 "Person"
Sec. 36. "Person" means an individual or an organization. As added by P.L.5-1986, SEC.1.
IC 3-5-2-37 "Political action committee"
Sec. 37. (a) Except as provided in subsection (b), "political action
committee" means an organization located within or outside Indiana
that satisfies all of the following:
(1) The organization proposes to influence:
(A) the election of a candidate for state, legislative, local, or
school board office; or
(B) the outcome of a public question.
(2) The organization accepts contributions or makes
expenditures during a calendar year:
(A) to influence the election of a candidate for state,
legislative, local, or school board office or the outcome of a
public question that will appear on the ballot in Indiana; and
(B) that in the aggregate exceed one hundred dollars ($100).
(3) The organization is not any of the following:
(A) An auxiliary party organization.
(B) A legislative caucus committee.
(C) A regular party committee.
(D) A candidate's committee.
(b) A corporation or labor organization that makes a contribution
in accordance with IC 3-9-2 or makes an expenditure is not
considered a political action committee. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.8;
P.L.7-1990, SEC.1; P.L.3-1995, SEC.5; P.L.3-1997, SEC.13;
P.L.2-1998, SEC.2; P.L.176-1999, SEC.3.
IC 3-5-2-38 "Political subdivision"
Sec. 38. "Political subdivision" means a county, city, town,
township, school corporation, public library, local housing authority,
fire protection district, public transportation corporation, local
building authority, local hospital authority or corporation, local
airport authority, special service district, special taxing district, or
other type of local governmental corporate entity. As added by P.L.5-1986, SEC.1.
IC 3-5-2-39 "Polls"
Sec. 39. "Polls" means the room in a structure where the voters of
a precinct vote by casting ballots. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.9.
IC 3-5-2-40 "Precinct"
Sec. 40. "Precinct" means a subdivision of a county or township
established for election purposes. As added by P.L.5-1986, SEC.1.
IC 3-5-2-40.1 "Precinct election officer"
Sec. 40.1. "Precinct election officer" means a person appointed to
serve in a precinct as one (1) of the following:
(1) Inspector.
(2) Judge.
(3) Poll clerk.
(4) Assistant poll clerk.
(5) Election sheriff. As added by P.L.3-1987, SEC.10.
IC 3-5-2-40.5 "Proof of identification"
Sec. 40.5. "Proof of identification" refers to a document that
satisfies all the following:
(1) The document shows the name of the individual to whom
the document was issued, and the name conforms to the name
in the individual's voter registration record.
(2) The document shows a photograph of the individual to
whom the document was issued.
(3) The document includes an expiration date, and the
document:
(A) is not expired; or
(B) expired after the date of the most recent general election.
(4) The document was issued by the United States or the state
of Indiana. As added by P.L.109-2005, SEC.1.
IC 3-5-2-40.6 "Provisional ballot"
Sec. 40.6. "Provisional ballot" refers to a ballot cast in accordance
with the provisions of IC 3-11.7. As added by P.L.126-2002, SEC.5.
IC 3-5-2-40.7 "Provisional voter"
Sec. 40.7. "Provisional voter" refers to an individual who is
entitled to cast a provisional ballot under IC 3-11.7. As added by P.L.126-2002, SEC.6.
IC 3-5-2-41 "Public question"
Sec. 41. "Public question" means a constitutional amendment,
proposition, or other issue submitted to the electorate at an election. As added by P.L.5-1986, SEC.1.
IC 3-5-2-41.5
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-5-2-41.6
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-5-2-41.7 "Registration agency"
Sec. 41.7. "Registration agency" refers to any of the following:
(1) The bureau of motor vehicles.
(2) Any other agency at which individuals may register to vote
under IC 3-7. As added by P.L.126-2002, SEC.7.
IC 3-5-2-42 "Regular party committee"
Sec. 42. "Regular party committee" means:
(1) a central committee; or
(2) a national committee of a political party. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1995, SEC.6.
IC 3-5-2-42.5 "Residence"
Sec. 42.5. "Residence" means the place:
(1) where a person has the person's true, fixed, and permanent
home and principal establishment; and
(2) to which the person has, whenever absent, the intention of
returning. As added by P.L.12-1995, SEC.7.
IC 3-5-2-43
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-5-2-44 "School board"
Sec. 44. "School board" means the fiscal body of a school
corporation. As added by P.L.5-1986, SEC.1.
IC 3-5-2-45 "School board office"
Sec. 45. "School board office" refers to an elected position on the
school board of a school corporation. As added by P.L.5-1986, SEC.1.
IC 3-5-2-46 "School corporation"
Sec. 46. "School corporation" refers to a public school
corporation established under IC 20. As added by P.L.5-1986, SEC.1.
IC 3-5-2-47 "School district"
Sec. 47. "School district" means the taxing district of a school
corporation. As added by P.L.5-1986, SEC.1. IC 3-5-2-48 "State office"
Sec. 48. "State office" refers to governor, lieutenant governor,
secretary of state, auditor of state, treasurer of state, superintendent
of public instruction, attorney general, justice of the supreme court,
judge of the court of appeals, and judge of the tax court. As added by P.L.5-1986, SEC.1. Amended by P.L.14-2004, SEC.3.
IC 3-5-2-48.5 "Testing authority"
Sec. 48.5. "Testing authority" means an independent test authority
or independent laboratory:
(1) as described in the Voting System Standards issued by the
Federal Election Commission on April 30, 2002; or
(2) accredited under Section 231 of HAVA (42 U.S.C. 15371). As added by P.L.3-1997, SEC.14. Amended by P.L.126-2002, SEC.8;
P.L.66-2003, SEC.2; P.L.221-2005, SEC.6.
IC 3-5-2-49 "Town"
Sec. 49. "Town" refers to an incorporated town of any population.
The term does not include cities. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1995, SEC.7.
IC 3-5-2-49.3 "Uniformed services"
Sec. 49.3. "Uniformed services" means the Army, Navy, Air
Force, Marine Corps, and Coast Guard, the commissioned corps of
the Public Health Service, and the commissioned corps of the
National Oceanic and Atmospheric Administration. As added by P.L.3-1997, SEC.15.
IC 3-5-2-49.6 "United States"
Sec. 49.6. "United States", as used in section 34.5 of this chapter,
means any of the states of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, and American Samoa. As added by P.L.3-1997, SEC.16.
IC 3-5-2-49.9 "Vote center"
Sec. 49.9. (a) "Vote center" means a polling place where a voter
who resides in the county in which the vote center is located may
vote without regard to the precinct in which the voter resides.
(b) This section expires December 31, 2010. As added by P.L.164-2006, SEC.1. Amended by P.L.108-2008,
SEC.1.
IC 3-5-2-50 "Voter"
Sec. 50. "Voter" means a person who is qualified and registered
to vote in an election. As added by P.L.5-1986, SEC.1.
IC 3-5-2-50.1 "Voter identification number"
Sec. 50.1. "Voter identification number" refers to the number
determined for a voter under IC 3-7-13-13. As added by P.L.199-2001, SEC.1.
IC 3-5-2-50.2 "Voter with disabilities"
Sec. 50.2. "Voter with disabilities" means a voter who has a
permanent or temporary physical disability, as set forth in 42 U.S.C.
1973ee-6(4). As added by P.L.4-1991, SEC.3.
IC 3-5-2-50.4 "Voter's bill of rights"
Sec. 50.4. "Voter's bill of rights" refers to the statement prescribed
by the commission under IC 3-5-8. As added by P.L.126-2002, SEC.9.
IC 3-5-2-50.6
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-5-2-51 "Voting mark"
Sec. 51. "Voting mark" means a cross mark or check mark (X or
.). As added by P.L.6-1986, SEC.4.
IC 3-5-2-52 "Voting method"
Sec. 52. "Voting method" means the use of:
(1) paper ballots;
(2) ballot card voting systems;
(3) electronic voting systems; or
(4) any combination of these;
to register votes in a precinct. As added by P.L.3-1987, SEC.11. Amended by P.L.221-2005, SEC.7.
IC 3-5-2-53 "Voting system"
Sec. 53. "Voting system" means, as provided in 42 U.S.C. 15481:
(1) the total combination of mechanical, electromechanical, or
electronic equipment (including the software, firmware, and
documentation required to program, control, and support that
equipment) that is used:
(A) to define ballots;
(B) to cast and count votes;
(C) to report or display election results; and
(D) to maintain and produce any audit trail information; and
(2) the practices and associated documentation used:
(A) to identify system components and versions of those
components;
(B) to test the system during its development and
maintenance;
(C) to maintain records of system errors and defects;
(D) to determine specific system changes to be made to a
system after the initial qualification of the system; and
(E) to make available any materials to the voter (such as
notices, instructions, forms, or paper ballots). As added by P.L.4-1991, SEC.5. Amended by P.L.209-2003, SEC.3;
P.L.164-2006, SEC.2.
IC 3-5-2-54 "Write-in candidate"
Sec. 54. "Write-in candidate" means a candidate:
(1) who has filed a declaration of intent to be a write-in
candidate; and
(2) whose declaration of intent to be a write-in candidate has
been accepted by the appropriate authority under IC 3-8-2-5 and
IC 3-8-2-6. As added by P.L.4-1991, SEC.6.
IC 3-5-2-1 Application of definitions
Sec. 1. The definitions in this chapter apply throughout this title. As added by P.L.5-1986, SEC.1.
IC 3-5-2-1.5 "Absent uniformed services voter"
Sec. 1.5. "Absent uniformed services voter" refers to any of the
following:
(1) A member of a uniformed service on active duty who, by
reason of active duty, is absent from the place of residence
where the member is otherwise qualified to vote.
(2) A member of the merchant marine who, by reason of service
in the merchant marine, is absent from the place of residence
where the member is otherwise qualified to vote.
(3) A member of the Indiana national guard deployed or on
assignment outside Indiana.
(4) A spouse or dependent of a member referred to in
subdivision (1), (2), or (3) who, by reason of the active duty or
service of the member, is absent from the place of residence
where the spouse or dependent is otherwise qualified to vote. As added by P.L.14-1993, SEC.1. Amended by P.L.12-1995, SEC.1;
P.L.3-1997, SEC.3; P.L.126-2002, SEC.1.
IC 3-5-2-1.7 "Active voter"
Sec. 1.7. "Active voter" refers to a voter who satisfies either of the
following:
(1) The voter has registered or voted in any election during the
preceding four (4) years at the address indicated on the voter's
registration record.
(2) The voter has not voted in any election during the preceding
four (4) years at the address indicated on the voter's registration
record and has responded in writing to an address confirmation
notice sent under IC 3-7 not later than thirty (30) days after the
notice was sent. As added by P.L.12-1995, SEC.2. Amended by P.L.4-1996, SEC.1;
P.L.38-1999, SEC.1.
IC 3-5-2-2 "Automatic tabulating machine"
Sec. 2. "Automatic tabulating machine" means:
(1) apparatus necessary to automatically examine and count
votes as designated on ballots; and
(2) data processing machines that can be used for counting
ballots and tabulating results. As added by P.L.5-1986, SEC.1. Amended by P.L.6-1986, SEC.1. IC 3-5-2-2.5 "Auxiliary party organization"
Sec. 2.5. "Auxiliary party organization" means an organization
located within or outside Indiana that:
(1) is affiliated with a political party;
(2) proposes to influence the election of a candidate for state,
legislative, local, or school board office, or the outcome of a
public question; and
(3) has not:
(A) had an annual budget of five thousand dollars ($5,000)
or more in at least one (1) of the last two (2) years; or
(B) made a contribution of more than one thousand dollars
($1,000) to another committee or to a candidate. As added by P.L.3-1995, SEC.3. Amended by P.L.176-1999, SEC.1.
IC 3-5-2-3 "Ballot"
Sec. 3. "Ballot" means:
(1) the paper ballot prepared, printed, and supplied for use at an
election;
(2) the ballot label prepared, printed, and supplied for use on
the front of an electronic voting system; or
(3) the ballot card prepared, printed, and supplied for use in a
ballot card voting system. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.2;
P.L.221-2005, SEC.1.
IC 3-5-2-4 "Ballot card"
Sec. 4. "Ballot card" refers to an optical scan ballot. As added by P.L.5-1986, SEC.1. Amended by P.L.239-2001, SEC.1;
P.L.221-2005, SEC.2.
IC 3-5-2-4.5 "Ballot card voting system"
Sec. 4.5. "Ballot card voting system" refers to an optical scan
voting system. As added by P.L.239-2001, SEC.2. Amended by P.L.221-2005,
SEC.3.
IC 3-5-2-5 "Ballot label"
Sec. 5. "Ballot label" means:
(1) the printed strip or sheet of cardboard or paper, supplied for
use on an electronic voting system, that contains the names of
the candidates and the public questions on the ballot; or
(2) the material, supplied for use with a ballot card voting
system, that contains those names and questions. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.3;
P.L.221-2005, SEC.4. IC 3-5-2-5.5 "Bona fide political party"
Sec. 5.5. "Bona fide political party" means:
(1) a major political party; or
(2) a political party that has:
(A) nominated at least one (1) candidate for political office
during the preceding five (5) years;
(B) held a convention; or
(C) raised money and filed the financial reports required by
law. As added by P.L.3-1993, SEC.3.
IC 3-5-2-6 "Candidate"
Sec. 6. (a) Except as provided in subsection (b), "candidate"
means a person who:
(1) has taken the action necessary to qualify under Indiana law
for listing on the ballot at an election or to become a write-in
candidate;
(2) has publicly announced or declared candidacy for an elected
office; or
(3) otherwise seeks nomination for or election to an elected
office, regardless of whether the individual wins election to the
office.
(b) As used in IC 3-9, an individual becomes a "candidate" when
the individual, the candidate's committee, or a person acting with the
consent of the individual:
(1) receives more than one hundred dollars ($100) in
contributions; or
(2) makes more than one hundred dollars ($100) in
expenditures. As added by P.L.5-1986, SEC.1. Amended by P.L.4-1991, SEC.1;
P.L.3-1997, SEC.4.
IC 3-5-2-7 "Candidate's committee"
Sec. 7. "Candidate's committee" means:
(1) the principal political committee that each candidate is
required to have under IC 3-9-1; or
(2) an exploratory committee established by a candidate who
has not decided whether to become a candidate for a specific
office. As added by P.L.5-1986, SEC.1. Amended by P.L.8-1992, SEC.2;
P.L.3-1995, SEC.4.
IC 3-5-2-7.5 "Caucus"
Sec. 7.5. As used in IC 3-9, "caucus" refers to a caucus to fill a
candidate vacancy under IC 3-13-1 or IC 3-13-2. The term does not
include a caucus to fill a vacant office under IC 3-13-5 or IC 3-13-11.
As added by P.L.3-1997, SEC.5.
IC 3-5-2-8 "Central committee"
Sec. 8. "Central committee" means a state committee,
congressional district committee, county committee, city committee,
or town committee of a political party. As added by P.L.5-1986, SEC.1.
IC 3-5-2-8.7
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-5-2-9 "Chairman"
Sec. 9. "Chairman" refers to the chairman of a central committee
as follows:
(1) State chairman, chairman of a state committee.
(2) District chairman, chairman of a congressional district
committee.
(3) County chairman, chairman of a county committee.
(4) City chairman, chairman of a city committee.
(5) Town chairman, chairman of a town committee. As added by P.L.5-1986, SEC.1.
IC 3-5-2-10 "Chute"
Sec. 10. "Chute" means the area or pathway that extends fifty (50)
feet in length, measured from the entrance to the polls. If the
property line of the polling place is less than fifty (50) feet from the
door or entrance to the polling place, the chute is measured from the
exterior door or entrance to the polling place to one-half (1/2) the
distance to the property line of the polling place nearest to the
entrance to the polls. Whenever there are two (2) or more doors or
entrances to the polls, the inspector of the precinct shall designate
one (1) door or entrance as the door for voters to enter for the
purpose of voting. As added by P.L.5-1986, SEC.1. Amended by P.L.69-2003, SEC.1;
P.L.14-2004, SEC.1.
IC 3-5-2-11 "City"
Sec. 11. "City" means a first class city, second class city, or third
class city as classified under IC 36-4-1-1. The term does not include
towns. As added by P.L.5-1986, SEC.1.
IC 3-5-2-11.5 "Commission"
Sec. 11.5. "Commission" refers to the Indiana election
commission established by IC 3-6-4.1-1. As added by P.L.8-1995, SEC.3.
IC 3-5-2-12 "Consolidated city"
Sec. 12. "Consolidated city" refers to a first class city that has
become a consolidated city under IC 36-3-1. As added by P.L.5-1986, SEC.1.
IC 3-5-2-13 "Contestee"
Sec. 13. "Contestee" means a candidate whose nomination or
election is being contested by a contestor. As added by P.L.5-1986, SEC.1.
IC 3-5-2-14 "Contestor"
Sec. 14. "Contestor" means a person who initiates a proceeding to
contest the result of an election. As added by P.L.5-1986, SEC.1.
IC 3-5-2-15 "Contribution"
Sec. 15. (a) "Contribution" means a donation (whether
characterized as an advance, a deposit, a gift, a loan, a subscription,
or a contract or promise to make a donation) of property (as defined
in IC 35-41-1) that satisfies both of the following:
(1) The donation is made for the purpose of influencing any of
the following:
(A) The nomination or election to office of a candidate.
(B) The election of delegates to a state constitutional
convention.
(C) The outcome of a public question.
(2) The donation is accepted by any of the following:
(A) A candidate.
(B) A candidate's committee.
(C) A regular party committee.
(D) A political action committee.
(E) A legislative caucus committee.
(b) Whenever funds are transferred from one (1) committee to
another, the accepting committee is considered to be receiving a
contribution in the amount of the funds transferred.
(c) Whenever a candidate or a committee accepts the personal
services of a person whose compensation is being paid by a third
person, the candidate or committee is considered to be receiving a
contribution from the third person in the amount of the compensation
paid.
(d) Notwithstanding subsection (a), whenever a candidate or a
committee accepts the personal services of a volunteer who is not
being compensated, the candidate or committee is not considered to
be receiving a contribution.
(e) Notwithstanding subsection (a), whenever a political action
committee accepts a donation of:
(1) rent;
(2) office expenses;
(3) management fees;
(4) costs of solicitations of contributions; or
(5) other administrative costs;
the committee is not considered to be receiving a contribution. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.4;
P.L.5-1989, SEC.2; P.L.3-1997, SEC.6.
IC 3-5-2-16 "Convention"
Sec. 16. "Convention" means an organized body of delegates
assembled for the purpose of selecting their political party's
nominees for elected offices. As added by P.L.5-1986, SEC.1.
IC 3-5-2-16.2 "County voter registration office"
Sec. 16.2. "County voter registration office" means the following:
(1) A board of registration established under IC 3-7-12 or by a
county executive acting under IC 3-7-12;
(2) A board of elections and registration established under
IC 3-6-5.2 or IC 3-6-5.4.
(3) The office of the circuit court clerk, in a county in which a
board has not been established under subdivision (1) or (2). As added by P.L.3-1997, SEC.7. Amended by P.L.144-2001, SEC.1.
IC 3-5-2-16.5 "Elderly"
Sec. 16.5. "Elderly" means a voter who is at least sixty-five (65)
years of age. As added by P.L.4-1991, SEC.2.
IC 3-5-2-17 "Elected office"
Sec. 17. "Elected office" means a federal office, state office,
legislative office, school board office, or local office. Political party
offices (such as precinct committeeman and state convention
delegate) are not considered to be elected offices. As added by P.L.5-1986, SEC.1.
IC 3-5-2-18 "Election day"
Sec. 18. "Election day" refers to the calendar day on which an
election is held. As added by P.L.5-1986, SEC.1. IC 3-5-2-19 "Election district"
Sec. 19. "Election district" means the area comprised by precincts
where voters reside whose votes a candidate or committee proposes
to influence. As added by P.L.5-1986, SEC.1.
IC 3-5-2-19.5 "Election division"
Sec. 19.5. "Election division" refers to the election division of the
secretary of state's office established by IC 3-6-4.2-1. As added by P.L.8-1995, SEC.4.
IC 3-5-2-20 "Electorate"
Sec. 20. "Electorate" means all the voters eligible to vote in an
election in the state or a political subdivision. As added by P.L.5-1986, SEC.1.
IC 3-5-2-21 "Electronic voting system"
Sec. 21. "Electronic voting system" means a system in which:
(1) voters record their votes by activating touch-sensitive
marking devices; and
(2) votes are counted by automatic tabulating machines. As added by P.L.5-1986, SEC.1. Amended by P.L.6-1986, SEC.2;
P.L.3-1987, SEC.5.
IC 3-5-2-21.5
Repealed
(Repealed by P.L.221-2005, SEC.144.)
IC 3-5-2-22 "Executive"
Sec. 22. "Executive" means:
(1) board of county commissioners, for a county not having a
consolidated city;
(2) mayor of the consolidated city, for a county having a
consolidated city;
(3) mayor, for a city;
(4) president of the town council, for a town; or
(5) trustee, for a township. As added by P.L.5-1986, SEC.1. Amended by P.L.8-1989, SEC.1.
IC 3-5-2-23 "Expenditure"
Sec. 23. (a) "Expenditure" means a disbursement (whether
characterized as an advance, a deposit, a distribution, a gift, a loan,
a payment, a purchase, or a contract or promise to make a
disbursement) of property (as defined in IC 35-41-1) that:
(1) is made for the purpose of influencing:
(A) the nomination or election to office of a candidate;
(B) the election of delegates to a state constitutional
convention; or
(C) the outcome of a public question; and
(2) is made by:
(A) an individual, except that a contribution made by an
individual is not considered to be an expenditure;
(B) a candidate's committee;
(C) a regular party committee; or
(D) a political action committee.
(b) Whenever funds are transferred from one committee to
another, the disbursing committee is considered to be making an
expenditure in the amount of the funds transferred. As added by P.L.5-1986, SEC.1.
IC 3-5-2-23.2 "Expedited basis"
Sec. 23.2. (a) Except as provided in subsection (b), "expedited
basis" refers to the processing of:
(1) a voter registration application;
(2) a cancellation of a voter registration application;
(3) a transfer of a voter registration application; or
(4) another document that creates or amends the voter
registration record of an individual;
not later than forty-eight (48) hours after the document is received by
a county voter registration office or an agency required under IC 3-7
to transmit voter registration documents to a county voter registration
office.
(b) If a voter registration application or other document listed in
subsection (a) includes a partial Social Security number that must be
submitted to the Commissioner of Social Security for verification
under 42 U.S.C. 405(r), "expedited basis" refers to the processing of
the application or document not later than forty-eight (48) hours after
the bureau of motor vehicles commission receives verification from
the Commissioner regarding the partial Social Security number. As added by P.L.14-2004, SEC.2.
IC 3-5-2-23.7 "Fax"
Sec. 23.7. "Fax" refers to transmission of information by a
facsimile (fax) machine. As added by P.L.126-2002, SEC.2.
IC 3-5-2-24 "Federal office"
Sec. 24. "Federal office" refers to President of the United States,
Vice President of the United States, and Senator and Representative
in the Congress of the United States. As added by P.L.5-1986, SEC.1. IC 3-5-2-24.5 "Filing"
Sec. 24.5. "Filing" means the following:
(1) For purposes of filing an electronic report under IC 3-9-4-4
or IC 3-9-5-7, when the requirements of IC 3-9-4-4 or
IC 3-9-5-7 have been met.
(2) For all other purposes, when all of the following have
occurred:
(A) The presentation of a document to an individual required
to receive the document under this title.
(B) The receipt of the document by the individual.
(C) The recording of the date and time the document was
received by the individual. As added by P.L.10-1988, SEC.1. Amended by P.L.126-2002, SEC.3.
IC 3-5-2-25 "Fiscal body"
Sec. 25. "Fiscal body" means:
(1) county council, for a county not having a consolidated city;
(2) city-county council, for a consolidated city or county having
a consolidated city;
(3) common council, for a second or third class city;
(4) town council, for a town;
(5) township board, for a township; or
(6) governing body or budget approval body, for any other
political subdivision. As added by P.L.5-1986, SEC.1. Amended by P.L.8-1987, SEC.1;
P.L.8-1989, SEC.2.
IC 3-5-2-26 "Fiscal officer"
Sec. 26. "Fiscal officer" means the city controller of a second
class city or the clerk-treasurer of a town or third class city. As added by P.L.5-1986, SEC.1.
IC 3-5-2-26.2 "HAVA"
Sec. 26.2. "HAVA" refers to the Help America Vote Act of 2002
(42 U.S.C. 15301 through 15545). As added by P.L.209-2003, SEC.2.
IC 3-5-2-26.5
Repealed
(Repealed by P.L.4-1991, SEC.147.)
IC 3-5-2-26.6 "Independent"
Sec. 26.6. "Independent" means a candidate, or a ticket of
candidates for President and Vice President of the United States or
for governor and lieutenant governor, who states that the candidate
or ticket is not affiliated with any political party. As added by P.L.3-1993, SEC.4.
IC 3-5-2-26.7 "Individual with a nontraditional residence"
Sec. 26.7. "Individual with a nontraditional residence" means a
person who:
(1) does not reside in a private residential dwelling or an
institutional structure; and
(2) maintains a mobile residence or usually sleeps in a shelter,
public area, or public right-of-way. As added by P.L.12-1995, SEC.3.
IC 3-5-2-26.8 "Lawful detention"
Sec. 26.8. "Lawful detention" has the meaning set forth in
IC 35-41-1-18. As added by P.L.12-1995, SEC.4.
IC 3-5-2-27 "Legislative body"
Sec. 27. "Legislative body" means the body having the power to
adopt county, city, or town ordinances under IC 36-1-3-6. As added by P.L.5-1986, SEC.1.
IC 3-5-2-27.3 "Legislative caucus committee"
Sec. 27.3. "Legislative caucus committee" means an organization
that satisfies all of the following:
(1) The organization is organized by members of the general
assembly who belong to the same state political party.
(2) The organization proposes to influence only the election of
candidates for legislative office.
(3) The organization accepts contributions or makes
expenditures that in the aggregate exceed one hundred dollars
($100) during a calendar year to influence only the election of
candidates for legislative office. As added by P.L.3-1997, SEC.9.
IC 3-5-2-28 "Legislative office"
Sec. 28. "Legislative office" refers to senator and representative
in the general assembly. As added by P.L.5-1986, SEC.1.
IC 3-5-2-29 "Local office"
Sec. 29. "Local office" means a circuit office, county office, city
office, town office, township office, or other civil office for which
the electorate of a political subdivision votes. The term includes all
elected offices other than federal, state, legislative, and school board
offices. As added by P.L.5-1986, SEC.1.
IC 3-5-2-30 "Major political party"
Sec. 30. "Major political party" refers to:
(1) with respect to the state, either of the two (2) parties whose
nominees received the highest and second highest numbers of
votes statewide for secretary of state in the last election; or
(2) with respect to a political subdivision, either of the two (2)
parties whose nominees received the highest and second highest
numbers of votes in that political subdivision for secretary of
state in the last election. As added by P.L.5-1986, SEC.1.
IC 3-5-2-31 "Marking device"
Sec. 31. "Marking device" means:
(1) a pencil for marking a paper ballot or ballot card; or
(2) an approved touch-sensitive device that automatically
registers a vote on an electronic voting system. As added by P.L.5-1986, SEC.1. Amended by P.L.6-1986, SEC.3;
P.L.3-1987, SEC.6; P.L.221-2005, SEC.5.
IC 3-5-2-31.5 "Member of the military or public safety officer"
Sec. 31.5. "Member of the military or public safety officer" has
the meaning set forth in IC 10-14-2-5. As added by P.L.120-2009, SEC.1.
IC 3-5-2-32 "Municipality"
Sec. 32. "Municipality" means a city or town. As added by P.L.5-1986, SEC.1.
IC 3-5-2-32.5
Repealed
(Repealed by P.L.176-1999, SEC.132.)
IC 3-5-2-32.7 "Nomination date"
Sec. 32.7. "Nomination date" refers to the following:
(1) For candidates nominated in a primary election, the date of
the primary election.
(2) For candidates nominated in a convention, the date the
convention is scheduled to be called to order, according to the
call of the convention issued by the political party.
(3) For candidates selected to fill a ballot vacancy, the date the
certificate of selection of the candidate is filed under
IC 3-13-1-15 or IC 3-13-2-8.
(4) For candidates nominated by petition, the final date the
petition of nomination is permitted to be filed under
IC 3-8-6-10(c).
(5) For write-in candidates, the final date the candidate's
declaration of intent to be a write-in candidate is permitted to be
filed under IC 3-8-2-4. As added by P.L.3-1997, SEC.11. Amended by P.L.176-1999, SEC.2.
IC 3-5-2-33 "Nominee"
Sec. 33. "Nominee" means a candidate:
(1) nominated by a political party at a primary election or
convention under this title as the party's candidate for an elected
office in a general, municipal, or special election; or
(2) nominated by petition for an elected office. As added by P.L.5-1986, SEC.1.
IC 3-5-2-33.5 "NVRA"
Sec. 33.5. "NVRA" refers to the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg). As added by P.L.12-1995, SEC.5.
IC 3-5-2-33.7 "NVRA official"
Sec. 33.7. "NVRA official" refers to the designee under
IC 3-7-11-1. As added by P.L.8-1995, SEC.5.
IC 3-5-2-33.8 "Office"
Sec. 33.8. "Office" refers to the office of census data established
by IC 2-5-1.1-12.2. As added by P.L.212-2001, SEC.8. Amended by P.L.1-2002, SEC.7.
IC 3-5-2-33.9 "Optical scan ballot"
Sec. 33.9. (a) "Optical scan ballot" means a card or another paper
on which votes are:
(1) recorded by marking the card or paper in ink or pencil; and
(2) tabulated by an optical system that reads the marks on the
card or paper.
(b) "Optical scan voting system" means a voting system using
optical scan ballots. As added by P.L.239-2001, SEC.3.
IC 3-5-2-34 "Organization"
Sec. 34. "Organization" means a person that is not an individual.
The term includes a business firm or corporation, a limited liability
company, a labor organization, a religious organization, a political
club, a trustee, a receiver, or any other type of association or group
of individuals. As added by P.L.5-1986, SEC.1. Amended by P.L.8-1993, SEC.4.
IC 3-5-2-34.5 "Overseas voter"
Sec. 34.5. "Overseas voter" refers to any of the following:
(1) An absent uniformed services voter who, by reason of active
duty or service, is absent from the United States on the date of
the election involved.
(2) A person who resides outside the United States and is
qualified to vote in the last place in which the person was
domiciled before leaving the United States.
(3) A person who resides outside the United States and, but for
such residence, would be qualified to vote in the last place in
which the person was domiciled before leaving the United
States. As added by P.L.14-1993, SEC.2. Amended by P.L.12-1995, SEC.6;
P.L.3-1997, SEC.12; P.L.126-2002, SEC.4.
IC 3-5-2-34.7 "Paper ballot"
Sec. 34.7. (a) "Paper ballot" refers to a ballot that is:
(1) marked by a voter using a pen or pencil; and
(2) designed to be counted by hand and not counted on an
automatic tabulating machine.
(b) "Paper ballot" does not include a ballot card. As added by P.L.58-2005, SEC.2.
IC 3-5-2-35 "Paster"
Sec. 35. "Paster" means a sticker that is used to correct the name
of a candidate on ballots whenever:
(1) a new candidate is appointed or selected under IC 3-13-1 or
IC 3-13-2; or
(2) a change must be made to correct any error;
after the ballots are printed and before the election. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.7.
IC 3-5-2-36 "Person"
Sec. 36. "Person" means an individual or an organization. As added by P.L.5-1986, SEC.1.
IC 3-5-2-37 "Political action committee"
Sec. 37. (a) Except as provided in subsection (b), "political action
committee" means an organization located within or outside Indiana
that satisfies all of the following:
(1) The organization proposes to influence:
(A) the election of a candidate for state, legislative, local, or
school board office; or
(B) the outcome of a public question.
(2) The organization accepts contributions or makes
expenditures during a calendar year:
(A) to influence the election of a candidate for state,
legislative, local, or school board office or the outcome of a
public question that will appear on the ballot in Indiana; and
(B) that in the aggregate exceed one hundred dollars ($100).
(3) The organization is not any of the following:
(A) An auxiliary party organization.
(B) A legislative caucus committee.
(C) A regular party committee.
(D) A candidate's committee.
(b) A corporation or labor organization that makes a contribution
in accordance with IC 3-9-2 or makes an expenditure is not
considered a political action committee. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.8;
P.L.7-1990, SEC.1; P.L.3-1995, SEC.5; P.L.3-1997, SEC.13;
P.L.2-1998, SEC.2; P.L.176-1999, SEC.3.
IC 3-5-2-38 "Political subdivision"
Sec. 38. "Political subdivision" means a county, city, town,
township, school corporation, public library, local housing authority,
fire protection district, public transportation corporation, local
building authority, local hospital authority or corporation, local
airport authority, special service district, special taxing district, or
other type of local governmental corporate entity. As added by P.L.5-1986, SEC.1.
IC 3-5-2-39 "Polls"
Sec. 39. "Polls" means the room in a structure where the voters of
a precinct vote by casting ballots. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.9.
IC 3-5-2-40 "Precinct"
Sec. 40. "Precinct" means a subdivision of a county or township
established for election purposes. As added by P.L.5-1986, SEC.1.
IC 3-5-2-40.1 "Precinct election officer"
Sec. 40.1. "Precinct election officer" means a person appointed to
serve in a precinct as one (1) of the following:
(1) Inspector.
(2) Judge.
(3) Poll clerk.
(4) Assistant poll clerk.
(5) Election sheriff. As added by P.L.3-1987, SEC.10.
IC 3-5-2-40.5 "Proof of identification"
Sec. 40.5. "Proof of identification" refers to a document that
satisfies all the following:
(1) The document shows the name of the individual to whom
the document was issued, and the name conforms to the name
in the individual's voter registration record.
(2) The document shows a photograph of the individual to
whom the document was issued.
(3) The document includes an expiration date, and the
document:
(A) is not expired; or
(B) expired after the date of the most recent general election.
(4) The document was issued by the United States or the state
of Indiana. As added by P.L.109-2005, SEC.1.
IC 3-5-2-40.6 "Provisional ballot"
Sec. 40.6. "Provisional ballot" refers to a ballot cast in accordance
with the provisions of IC 3-11.7. As added by P.L.126-2002, SEC.5.
IC 3-5-2-40.7 "Provisional voter"
Sec. 40.7. "Provisional voter" refers to an individual who is
entitled to cast a provisional ballot under IC 3-11.7. As added by P.L.126-2002, SEC.6.
IC 3-5-2-41 "Public question"
Sec. 41. "Public question" means a constitutional amendment,
proposition, or other issue submitted to the electorate at an election. As added by P.L.5-1986, SEC.1.
IC 3-5-2-41.5
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-5-2-41.6
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-5-2-41.7 "Registration agency"
Sec. 41.7. "Registration agency" refers to any of the following:
(1) The bureau of motor vehicles.
(2) Any other agency at which individuals may register to vote
under IC 3-7. As added by P.L.126-2002, SEC.7.
IC 3-5-2-42 "Regular party committee"
Sec. 42. "Regular party committee" means:
(1) a central committee; or
(2) a national committee of a political party. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1995, SEC.6.
IC 3-5-2-42.5 "Residence"
Sec. 42.5. "Residence" means the place:
(1) where a person has the person's true, fixed, and permanent
home and principal establishment; and
(2) to which the person has, whenever absent, the intention of
returning. As added by P.L.12-1995, SEC.7.
IC 3-5-2-43
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-5-2-44 "School board"
Sec. 44. "School board" means the fiscal body of a school
corporation. As added by P.L.5-1986, SEC.1.
IC 3-5-2-45 "School board office"
Sec. 45. "School board office" refers to an elected position on the
school board of a school corporation. As added by P.L.5-1986, SEC.1.
IC 3-5-2-46 "School corporation"
Sec. 46. "School corporation" refers to a public school
corporation established under IC 20. As added by P.L.5-1986, SEC.1.
IC 3-5-2-47 "School district"
Sec. 47. "School district" means the taxing district of a school
corporation. As added by P.L.5-1986, SEC.1. IC 3-5-2-48 "State office"
Sec. 48. "State office" refers to governor, lieutenant governor,
secretary of state, auditor of state, treasurer of state, superintendent
of public instruction, attorney general, justice of the supreme court,
judge of the court of appeals, and judge of the tax court. As added by P.L.5-1986, SEC.1. Amended by P.L.14-2004, SEC.3.
IC 3-5-2-48.5 "Testing authority"
Sec. 48.5. "Testing authority" means an independent test authority
or independent laboratory:
(1) as described in the Voting System Standards issued by the
Federal Election Commission on April 30, 2002; or
(2) accredited under Section 231 of HAVA (42 U.S.C. 15371). As added by P.L.3-1997, SEC.14. Amended by P.L.126-2002, SEC.8;
P.L.66-2003, SEC.2; P.L.221-2005, SEC.6.
IC 3-5-2-49 "Town"
Sec. 49. "Town" refers to an incorporated town of any population.
The term does not include cities. As added by P.L.5-1986, SEC.1. Amended by P.L.3-1995, SEC.7.
IC 3-5-2-49.3 "Uniformed services"
Sec. 49.3. "Uniformed services" means the Army, Navy, Air
Force, Marine Corps, and Coast Guard, the commissioned corps of
the Public Health Service, and the commissioned corps of the
National Oceanic and Atmospheric Administration. As added by P.L.3-1997, SEC.15.
IC 3-5-2-49.6 "United States"
Sec. 49.6. "United States", as used in section 34.5 of this chapter,
means any of the states of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, and American Samoa. As added by P.L.3-1997, SEC.16.
IC 3-5-2-49.9 "Vote center"
Sec. 49.9. (a) "Vote center" means a polling place where a voter
who resides in the county in which the vote center is located may
vote without regard to the precinct in which the voter resides.
(b) This section expires December 31, 2010. As added by P.L.164-2006, SEC.1. Amended by P.L.108-2008,
SEC.1.
IC 3-5-2-50 "Voter"
Sec. 50. "Voter" means a person who is qualified and registered
to vote in an election. As added by P.L.5-1986, SEC.1.
IC 3-5-2-50.1 "Voter identification number"
Sec. 50.1. "Voter identification number" refers to the number
determined for a voter under IC 3-7-13-13. As added by P.L.199-2001, SEC.1.
IC 3-5-2-50.2 "Voter with disabilities"
Sec. 50.2. "Voter with disabilities" means a voter who has a
permanent or temporary physical disability, as set forth in 42 U.S.C.
1973ee-6(4). As added by P.L.4-1991, SEC.3.
IC 3-5-2-50.4 "Voter's bill of rights"
Sec. 50.4. "Voter's bill of rights" refers to the statement prescribed
by the commission under IC 3-5-8. As added by P.L.126-2002, SEC.9.
IC 3-5-2-50.6
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-5-2-51 "Voting mark"
Sec. 51. "Voting mark" means a cross mark or check mark (X or
.). As added by P.L.6-1986, SEC.4.
IC 3-5-2-52 "Voting method"
Sec. 52. "Voting method" means the use of:
(1) paper ballots;
(2) ballot card voting systems;
(3) electronic voting systems; or
(4) any combination of these;
to register votes in a precinct. As added by P.L.3-1987, SEC.11. Amended by P.L.221-2005, SEC.7.
IC 3-5-2-53 "Voting system"
Sec. 53. "Voting system" means, as provided in 42 U.S.C. 15481:
(1) the total combination of mechanical, electromechanical, or
electronic equipment (including the software, firmware, and
documentation required to program, control, and support that
equipment) that is used:
(A) to define ballots;
(B) to cast and count votes;
(C) to report or display election results; and
(D) to maintain and produce any audit trail information; and
(2) the practices and associated documentation used:
(A) to identify system components and versions of those
components;
(B) to test the system during its development and
maintenance;
(C) to maintain records of system errors and defects;
(D) to determine specific system changes to be made to a
system after the initial qualification of the system; and
(E) to make available any materials to the voter (such as
notices, instructions, forms, or paper ballots). As added by P.L.4-1991, SEC.5. Amended by P.L.209-2003, SEC.3;
P.L.164-2006, SEC.2.
IC 3-5-2-54 "Write-in candidate"
Sec. 54. "Write-in candidate" means a candidate:
(1) who has filed a declaration of intent to be a write-in
candidate; and
(2) whose declaration of intent to be a write-in candidate has
been accepted by the appropriate authority under IC 3-8-2-5 and
IC 3-8-2-6. As added by P.L.4-1991, SEC.6.
