IC 3-5-4-1 Time for filing
Sec. 1. Whenever this title specifies a final day for a particular
filing but no final hour of that day, the final hour for the receipt of
the particular filing is noon, prevailing time, of that final day. As added by P.L.5-1986, SEC.1.
IC 3-5-4-1.5 Time for commencement of legal actions
Sec. 1.5. (a) This section applies if this title requires that a legal
action be taken at the office of a circuit court clerk or a political
subdivision.
(b) If the final day for performing the action falls on a day when
the office is not open to conduct public business or on a day
observed as a holiday under IC 1-1-9, the legal action may be
performed:
(1) on the next day that the office is open for public business;
or
(2) through noon of the next day that the office is open for
public business if the action to be performed is the receipt of a
filing. As added by P.L.3-1993, SEC.5. Amended by P.L.3-1995, SEC.8.
IC 3-5-4-1.7 Filings by fax or electronic mail
Sec. 1.7. Except as otherwise expressly authorized or required
under this title, a filing by a person with a commission, the election
division, or an election board may not be made by fax or electronic
mail. As added by P.L.230-2005, SEC.1.
IC 3-5-4-1.9 Receiving filing after deadline
Sec. 1.9. Except as otherwise provided in this title, the election
division, an election board, a circuit court clerk, a county voter
registration office, or any other official responsible for receiving a
filing under this title may not receive a filing that is offered to be
filed after a deadline for the filing provided by this title. As added by P.L.164-2006, SEC.3.
IC 3-5-4-2
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-5-4-3
Repealed
(Repealed by P.L.3-1987, SEC.570.) IC 3-5-4-4 Immunity from arrest while at or going to and from polls
Sec. 4. A voter is not subject to arrest while going to the polls,
while in attendance there, and while returning from the polls.
However, this section does not apply in a case of:
(1) treason;
(2) felony; or
(3) breach of the peace. As added by P.L.5-1986, SEC.1.
IC 3-5-4-5
Repealed
(Repealed by P.L.3-1993, SEC.282.)
IC 3-5-4-6 Prescribed ballot form; approved marking device instructions
Sec. 6. Whenever a ballot card or an electronic voting system is
used in a precinct and a ballot form prescribed by this title refers to
a voting mark, the county election board shall approve voting
instructions indicating that a specific type of marking device is
employed on the system to indicate a vote. As added by P.L.3-1987, SEC.12.
IC 3-5-4-7 References to federal statutes or regulations
Sec. 7. Except as otherwise provided in this title, a reference to a
federal statute or regulation in this title is a reference to the statute
or regulation as in effect January 1, 2005. As added by P.L.12-1995, SEC.9. Amended by P.L.3-1995, SEC.9;
P.L.4-1996, SEC.3; P.L.122-2000, SEC.1; P.L.209-2003, SEC.4;
P.L.230-2005, SEC.2.
IC 3-5-4-8 Approval of forms
Sec. 8. (a) Except as provided in subsection (e), but
notwithstanding any other statute, whenever the commission acts
under IC 3-6-4.1-14 to approve a uniform election or registration
form for use throughout Indiana or to approve a revision to an
existing form, a person must use the most recent version of the form
approved by the commission to comply with this title after the
effective date of the commission's order approving the form.
(b) Except as provided in subsection (d) or (f), before an order
approving a form takes effect under this section, the election division
shall transmit a copy of each form or revised form approved by the
order to the following:
(1) Each circuit court clerk, if the commission determines that
the form is primarily used by a candidate, a county election
board member, a county or town political party, or for absentee
or provisional ballot purposes.
(2) Each county voter registration office, if the commission
determines that the form is primarily used in voter registration.
(3) The state chairman of each major political party.
(4) The state chairman of any other political party who has filed
a written request with the election division during the preceding
twelve (12) months to be furnished with copies of forms.
(c) The election division, an election board, a circuit court clerk,
a county voter registration office, or any other official responsible for
receiving a filing under this title shall reject a filing that does not
comply with this section.
(d) The commission shall specify the effective date of the form or
revised form and may:
(1) delay the effective date of the approval of a form or revised
form; and
(2) permit an earlier approved version of the form or an
alternative form to be used before the effective date of the form;
if the commission determines that an emergency requires the use of
the form before copies can be transmitted to all persons entitled to
receive copies of the form under subsection (b).
(e) This subsection applies to a form permitting an individual to
apply for voter registration or to amend the individual's existing voter
registration record. The commission may allow an earlier approved
version of the form to be used if the:
(1) earlier version of the form complies with all other
requirements imposed under NVRA or this title; and
(2) commission determines that the existing stock of the form
should be exhausted to prevent waste and unnecessary expense.
(f) This subsection applies to a form that the commission
determines is used primarily by the election division. The
commission may provide that an order concerning a form described
by this subsection is effective immediately upon adoption, without
any requirement to distribute the form to other persons. As added by P.L.3-1997, SEC.17. Amended by P.L.38-1999, SEC.2;
P.L.126-2002, SEC.10.
IC 3-5-4-9 Authentication of ballots by circuit court clerk
Sec. 9. (a) This section applies whenever the individual who holds
the office of circuit court clerk is a candidate on the ballot for any
office.
(b) As used in this section, "ballot" refers to an absentee ballot, a
ballot card, or any other form of ballot.
(c) Notwithstanding any law requiring the name or signature of
the circuit court clerk to appear on a ballot for authentication or any
other purpose, the name or signature of the individual who is circuit
court clerk may not appear on the ballot except to indicate that the
individual is a candidate for an office.
(d) The circuit court clerk shall substitute a uniform device or
symbol prescribed by the commission for the circuit court clerk's
printed name or signature to authenticate a ballot. As added by P.L.263-2003, SEC.1. Amended by P.L.230-2005,
SEC.3.
IC 3-5-4-10 Ownership of ballots, poll lists, and other documents or materials
generated or used by a convention or caucus
Sec. 10. (a) This section applies to:
(1) a convention required or permitted under this title that is
conducted by a political party to nominate candidates; or
(2) a caucus conducted by a political party under IC 3-13 to
nominate candidates.
(b) The ballots, poll lists, and other documents or material
generated for or used by the convention or caucus are the property of
the political party. This property shall be retained and preserved in
the manner specified by the rules of the political party. As added by P.L.9-2004, SEC.1.
IC 3-5-4-1 Time for filing
Sec. 1. Whenever this title specifies a final day for a particular
filing but no final hour of that day, the final hour for the receipt of
the particular filing is noon, prevailing time, of that final day. As added by P.L.5-1986, SEC.1.
IC 3-5-4-1.5 Time for commencement of legal actions
Sec. 1.5. (a) This section applies if this title requires that a legal
action be taken at the office of a circuit court clerk or a political
subdivision.
(b) If the final day for performing the action falls on a day when
the office is not open to conduct public business or on a day
observed as a holiday under IC 1-1-9, the legal action may be
performed:
(1) on the next day that the office is open for public business;
or
(2) through noon of the next day that the office is open for
public business if the action to be performed is the receipt of a
filing. As added by P.L.3-1993, SEC.5. Amended by P.L.3-1995, SEC.8.
IC 3-5-4-1.7 Filings by fax or electronic mail
Sec. 1.7. Except as otherwise expressly authorized or required
under this title, a filing by a person with a commission, the election
division, or an election board may not be made by fax or electronic
mail. As added by P.L.230-2005, SEC.1.
IC 3-5-4-1.9 Receiving filing after deadline
Sec. 1.9. Except as otherwise provided in this title, the election
division, an election board, a circuit court clerk, a county voter
registration office, or any other official responsible for receiving a
filing under this title may not receive a filing that is offered to be
filed after a deadline for the filing provided by this title. As added by P.L.164-2006, SEC.3.
IC 3-5-4-2
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-5-4-3
Repealed
(Repealed by P.L.3-1987, SEC.570.) IC 3-5-4-4 Immunity from arrest while at or going to and from polls
Sec. 4. A voter is not subject to arrest while going to the polls,
while in attendance there, and while returning from the polls.
However, this section does not apply in a case of:
(1) treason;
(2) felony; or
(3) breach of the peace. As added by P.L.5-1986, SEC.1.
IC 3-5-4-5
Repealed
(Repealed by P.L.3-1993, SEC.282.)
IC 3-5-4-6 Prescribed ballot form; approved marking device instructions
Sec. 6. Whenever a ballot card or an electronic voting system is
used in a precinct and a ballot form prescribed by this title refers to
a voting mark, the county election board shall approve voting
instructions indicating that a specific type of marking device is
employed on the system to indicate a vote. As added by P.L.3-1987, SEC.12.
IC 3-5-4-7 References to federal statutes or regulations
Sec. 7. Except as otherwise provided in this title, a reference to a
federal statute or regulation in this title is a reference to the statute
or regulation as in effect January 1, 2005. As added by P.L.12-1995, SEC.9. Amended by P.L.3-1995, SEC.9;
P.L.4-1996, SEC.3; P.L.122-2000, SEC.1; P.L.209-2003, SEC.4;
P.L.230-2005, SEC.2.
IC 3-5-4-8 Approval of forms
Sec. 8. (a) Except as provided in subsection (e), but
notwithstanding any other statute, whenever the commission acts
under IC 3-6-4.1-14 to approve a uniform election or registration
form for use throughout Indiana or to approve a revision to an
existing form, a person must use the most recent version of the form
approved by the commission to comply with this title after the
effective date of the commission's order approving the form.
(b) Except as provided in subsection (d) or (f), before an order
approving a form takes effect under this section, the election division
shall transmit a copy of each form or revised form approved by the
order to the following:
(1) Each circuit court clerk, if the commission determines that
the form is primarily used by a candidate, a county election
board member, a county or town political party, or for absentee
or provisional ballot purposes.
(2) Each county voter registration office, if the commission
determines that the form is primarily used in voter registration.
(3) The state chairman of each major political party.
(4) The state chairman of any other political party who has filed
a written request with the election division during the preceding
twelve (12) months to be furnished with copies of forms.
(c) The election division, an election board, a circuit court clerk,
a county voter registration office, or any other official responsible for
receiving a filing under this title shall reject a filing that does not
comply with this section.
(d) The commission shall specify the effective date of the form or
revised form and may:
(1) delay the effective date of the approval of a form or revised
form; and
(2) permit an earlier approved version of the form or an
alternative form to be used before the effective date of the form;
if the commission determines that an emergency requires the use of
the form before copies can be transmitted to all persons entitled to
receive copies of the form under subsection (b).
(e) This subsection applies to a form permitting an individual to
apply for voter registration or to amend the individual's existing voter
registration record. The commission may allow an earlier approved
version of the form to be used if the:
(1) earlier version of the form complies with all other
requirements imposed under NVRA or this title; and
(2) commission determines that the existing stock of the form
should be exhausted to prevent waste and unnecessary expense.
(f) This subsection applies to a form that the commission
determines is used primarily by the election division. The
commission may provide that an order concerning a form described
by this subsection is effective immediately upon adoption, without
any requirement to distribute the form to other persons. As added by P.L.3-1997, SEC.17. Amended by P.L.38-1999, SEC.2;
P.L.126-2002, SEC.10.
IC 3-5-4-9 Authentication of ballots by circuit court clerk
Sec. 9. (a) This section applies whenever the individual who holds
the office of circuit court clerk is a candidate on the ballot for any
office.
(b) As used in this section, "ballot" refers to an absentee ballot, a
ballot card, or any other form of ballot.
(c) Notwithstanding any law requiring the name or signature of
the circuit court clerk to appear on a ballot for authentication or any
other purpose, the name or signature of the individual who is circuit
court clerk may not appear on the ballot except to indicate that the
individual is a candidate for an office.
(d) The circuit court clerk shall substitute a uniform device or
symbol prescribed by the commission for the circuit court clerk's
printed name or signature to authenticate a ballot. As added by P.L.263-2003, SEC.1. Amended by P.L.230-2005,
SEC.3.
IC 3-5-4-10 Ownership of ballots, poll lists, and other documents or materials
generated or used by a convention or caucus
Sec. 10. (a) This section applies to:
(1) a convention required or permitted under this title that is
conducted by a political party to nominate candidates; or
(2) a caucus conducted by a political party under IC 3-13 to
nominate candidates.
(b) The ballots, poll lists, and other documents or material
generated for or used by the convention or caucus are the property of
the political party. This property shall be retained and preserved in
the manner specified by the rules of the political party. As added by P.L.9-2004, SEC.1.
IC 3-5-4-1 Time for filing
Sec. 1. Whenever this title specifies a final day for a particular
filing but no final hour of that day, the final hour for the receipt of
the particular filing is noon, prevailing time, of that final day. As added by P.L.5-1986, SEC.1.
IC 3-5-4-1.5 Time for commencement of legal actions
Sec. 1.5. (a) This section applies if this title requires that a legal
action be taken at the office of a circuit court clerk or a political
subdivision.
(b) If the final day for performing the action falls on a day when
the office is not open to conduct public business or on a day
observed as a holiday under IC 1-1-9, the legal action may be
performed:
(1) on the next day that the office is open for public business;
or
(2) through noon of the next day that the office is open for
public business if the action to be performed is the receipt of a
filing. As added by P.L.3-1993, SEC.5. Amended by P.L.3-1995, SEC.8.
IC 3-5-4-1.7 Filings by fax or electronic mail
Sec. 1.7. Except as otherwise expressly authorized or required
under this title, a filing by a person with a commission, the election
division, or an election board may not be made by fax or electronic
mail. As added by P.L.230-2005, SEC.1.
IC 3-5-4-1.9 Receiving filing after deadline
Sec. 1.9. Except as otherwise provided in this title, the election
division, an election board, a circuit court clerk, a county voter
registration office, or any other official responsible for receiving a
filing under this title may not receive a filing that is offered to be
filed after a deadline for the filing provided by this title. As added by P.L.164-2006, SEC.3.
IC 3-5-4-2
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-5-4-3
Repealed
(Repealed by P.L.3-1987, SEC.570.) IC 3-5-4-4 Immunity from arrest while at or going to and from polls
Sec. 4. A voter is not subject to arrest while going to the polls,
while in attendance there, and while returning from the polls.
However, this section does not apply in a case of:
(1) treason;
(2) felony; or
(3) breach of the peace. As added by P.L.5-1986, SEC.1.
IC 3-5-4-5
Repealed
(Repealed by P.L.3-1993, SEC.282.)
IC 3-5-4-6 Prescribed ballot form; approved marking device instructions
Sec. 6. Whenever a ballot card or an electronic voting system is
used in a precinct and a ballot form prescribed by this title refers to
a voting mark, the county election board shall approve voting
instructions indicating that a specific type of marking device is
employed on the system to indicate a vote. As added by P.L.3-1987, SEC.12.
IC 3-5-4-7 References to federal statutes or regulations
Sec. 7. Except as otherwise provided in this title, a reference to a
federal statute or regulation in this title is a reference to the statute
or regulation as in effect January 1, 2005. As added by P.L.12-1995, SEC.9. Amended by P.L.3-1995, SEC.9;
P.L.4-1996, SEC.3; P.L.122-2000, SEC.1; P.L.209-2003, SEC.4;
P.L.230-2005, SEC.2.
IC 3-5-4-8 Approval of forms
Sec. 8. (a) Except as provided in subsection (e), but
notwithstanding any other statute, whenever the commission acts
under IC 3-6-4.1-14 to approve a uniform election or registration
form for use throughout Indiana or to approve a revision to an
existing form, a person must use the most recent version of the form
approved by the commission to comply with this title after the
effective date of the commission's order approving the form.
(b) Except as provided in subsection (d) or (f), before an order
approving a form takes effect under this section, the election division
shall transmit a copy of each form or revised form approved by the
order to the following:
(1) Each circuit court clerk, if the commission determines that
the form is primarily used by a candidate, a county election
board member, a county or town political party, or for absentee
or provisional ballot purposes.
(2) Each county voter registration office, if the commission
determines that the form is primarily used in voter registration.
(3) The state chairman of each major political party.
(4) The state chairman of any other political party who has filed
a written request with the election division during the preceding
twelve (12) months to be furnished with copies of forms.
(c) The election division, an election board, a circuit court clerk,
a county voter registration office, or any other official responsible for
receiving a filing under this title shall reject a filing that does not
comply with this section.
(d) The commission shall specify the effective date of the form or
revised form and may:
(1) delay the effective date of the approval of a form or revised
form; and
(2) permit an earlier approved version of the form or an
alternative form to be used before the effective date of the form;
if the commission determines that an emergency requires the use of
the form before copies can be transmitted to all persons entitled to
receive copies of the form under subsection (b).
(e) This subsection applies to a form permitting an individual to
apply for voter registration or to amend the individual's existing voter
registration record. The commission may allow an earlier approved
version of the form to be used if the:
(1) earlier version of the form complies with all other
requirements imposed under NVRA or this title; and
(2) commission determines that the existing stock of the form
should be exhausted to prevent waste and unnecessary expense.
(f) This subsection applies to a form that the commission
determines is used primarily by the election division. The
commission may provide that an order concerning a form described
by this subsection is effective immediately upon adoption, without
any requirement to distribute the form to other persons. As added by P.L.3-1997, SEC.17. Amended by P.L.38-1999, SEC.2;
P.L.126-2002, SEC.10.
IC 3-5-4-9 Authentication of ballots by circuit court clerk
Sec. 9. (a) This section applies whenever the individual who holds
the office of circuit court clerk is a candidate on the ballot for any
office.
(b) As used in this section, "ballot" refers to an absentee ballot, a
ballot card, or any other form of ballot.
(c) Notwithstanding any law requiring the name or signature of
the circuit court clerk to appear on a ballot for authentication or any
other purpose, the name or signature of the individual who is circuit
court clerk may not appear on the ballot except to indicate that the
individual is a candidate for an office.
(d) The circuit court clerk shall substitute a uniform device or
symbol prescribed by the commission for the circuit court clerk's
printed name or signature to authenticate a ballot. As added by P.L.263-2003, SEC.1. Amended by P.L.230-2005,
SEC.3.
IC 3-5-4-10 Ownership of ballots, poll lists, and other documents or materials
generated or used by a convention or caucus
Sec. 10. (a) This section applies to:
(1) a convention required or permitted under this title that is
conducted by a political party to nominate candidates; or
(2) a caucus conducted by a political party under IC 3-13 to
nominate candidates.
(b) The ballots, poll lists, and other documents or material
generated for or used by the convention or caucus are the property of
the political party. This property shall be retained and preserved in
the manner specified by the rules of the political party. As added by P.L.9-2004, SEC.1.
