IC 3 TITLE 3.

ELECTIONS

Art. 1. REPEALED
Art. 2. REPEALED
Art. 3. CONGRESSIONAL APPORTIONMENT
Art. 4. REPEALED
Art. 5. GENERAL PROVISIONS
Art. 6. POLITICAL PARTY AND ELECTION OFFICERS
Art. 7. VOTER REGISTRATION
Art. 8. CANDIDATES
Art. 9. CAMPAIGNS
Art. 10. PROVISIONS GOVERNING CERTAIN TYPES OF ELECTIONS
Art. 11. VOTING METHODS, SUPPLIES, AND EQUIPMENT
Art. 11.5. COUNTING ABSENTEE BALLOTS
Art. 11.7. PROVISIONAL VOTING
Art. 12. ASCERTAINING RESULTS OF ELECTIONS
Art. 13. VACANCIES
Art. 14. OFFENSES

IC 3-1 ARTICLE 1. REPEALED

[Pre-Local Government Recodification Citations:
3-1-17-1.5 formerly 18-3-1-16 part
3-1-17-7.5 formerly 18-3-1-12 part
3-1-17-8 formerly 18-3-1-13 part
3-1-17.5-1 New
3-1-17.5-2 formerly 18-3-1-11 part; 18-3-1-13 part; 18-3-1-17
3-1-17.5-3 formerly 18-3-1-12 part
3-1-17.5-4 formerly 18-3-1-12 part
3-1-17.5-5 formerly 18-3-1-14
3-1-17.5-6 formerly 18-3-1-18.]
Repealed by P.L.5-1986, SEC.61.

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IC 3-2 ARTICLE 2. REPEALED
[Pre-Local Government Recodification Citations:
3-2-7-7 formerly 18-1-2-2 part
3-2-10-1 New
3-2-10-2 formerly 5-9-1-1
3-2-10-3 formerly 5-9-1-2; 17-1-25.1-4; 17-3-69.5-3; 17-4-6-4; 17-4-27.4-3 part
3-2-10-4 formerly 18-1-2-3 part; 18-4-3-3 part; 18-4-3-7(b)
3-2-10-5 formerly 18-1-2-3 part
3-2-10-6 formerly 18-3-1-19
3-2-10-7 formerly 5-9-1-3
3-2-10-8 formerly 5-9-1-4
3-2-10-9 formerly 5-9-1-5; 33-15-16-1.]
Repealed by P.L.5-1986, SEC.61.

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IC 3-3 ARTICLE 3. CONGRESSIONAL APPORTIONMENT

Ch. 1. Repealed
Ch. 1.1. Repealed
Ch. 2. Redistricting Commission
Ch. 3. Repealed
Ch. 4. General Provisions Relating to Establishing Congressional Districts
Ch. 5. Expired
Ch. 6. Congressional Districts; 2021 Plan

IC 3-3-1 Chapter 1. Repealed

Repealed by Acts 1981, P.L.18, SEC.6.

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IC 3-3-1.1 Chapter 1.1. Repealed
Repealed by P.L.240-1991(ss2), SEC.124.

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IC 3-3-2 Chapter 2. Redistricting Commission

3-3-2-1 General assembly; redistricting session

3-3-2-2 Redistricting commission; establishment; meetings

IC 3-3-2-1 General assembly; redistricting session

Sec. 1. Congressional districts shall be established by law at the first regular session of
the general assembly convening immediately following the United States decennial census.
Formerly: Acts 1969, c.93, s.1; Acts 1971, P.L.18, SEC.5. As amended by P.L.3-1989,
SEC.3.

IC 3-3-2-2 Redistricting commission; establishment; meetings

Sec. 2. (a) This subsection applies only to the first regular session of the one hundred
twenty-second general assembly. If the general assembly adjourns sine die before November
15, 2021, without having complied with the requirements of section 1 of this chapter, a
redistricting commission is established. The redistricting commission consists of the speaker
of the house, the president pro tem of the senate, the chairpersons of the senate and house
committees responsible for legislative apportionment, and a fifth member appointed by the
governor from the membership of the general assembly.
(b) This subsection applies to a session of the general assembly beginning after November
15, 2021. If a session of the general assembly adjourns without having complied with the
requirements of section 1 of this chapter or if for any other reason at any time the state finds
itself without a valid congressional district law, a redistricting commission shall be
established which shall consist of the speaker of the house, the president pro tem of the
senate, the chairman of the senate and house committees responsible for legislative
apportionment and a fifth member who shall be appointed by the governor from the
membership of the general assembly.
(c) The redistricting commission shall meet within thirty (30) days after adjournment of
the general assembly at a time and place designated by the president pro tem of the senate
and shall adopt a congressional redistricting plan in accordance with this chapter.
(d) Any plan so adopted shall be signed by a majority of the redistricting committee and
submitted to the governor who forthwith shall issue and publish the governor's executive
order establishing congressional districts in accordance with the plan so adopted and
directing the commission to place such congressional districts in effect for the primary and
general elections next succeeding such general assembly. Congressional districts so
established shall continue in effect until changed by statute.
Formerly: Acts 1969, c.93, s.2. As amended by P.L.2-1988, SEC.2; P.L.3-1993, SEC.2;
P.L.2-1996, SEC.1; P.L.133-2021, SEC.9.

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IC 3-3-3 Chapter 3. Repealed
Repealed by P.L.215-2011, SEC.3.

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IC 3-3-4 Chapter 4. General Provisions Relating to Establishing
Congressional Districts

3-3-4-1 Terms and references to geographic units

3-3-4-2 "District"
3-3-4-3 "GIS"
3-3-4-4 "Office"
3-3-4-5 Resolution of inconsistent inclusions in congressional districts
3-3-4-6 Treatment of geographic slivers
3-3-4-7 Office modifications to GIS
3-3-4-8 Maintenance of census descriptions and maps
3-3-4-9 Incorporation of census reports and documents

IC 3-3-4-1 Terms and references to geographic units

Sec. 1. All terms and references to geographic units made in the descriptions of districts
in this article:
(1) have the same meanings as the terms have when used by the United States
Department of Commerce, Bureau of the Census, in reporting the 2020 decennial
census of Indiana as supplemented by geographic information compiled and
documented by the legislative services agency; and
(2) describe the same geographical boundaries as depicted by maps included in the
GIS.
As added by P.L.215-2011, SEC.1. Amended by P.L.221-2021, SEC.18.

IC 3-3-4-2 "District"
Sec. 2. As used in this chapter, "district" refers to a district described in:
(1) IC 3-3-5, before November 8, 2022; and
(2) IC 3-3-6, after November 7, 2022.
As added by P.L.215-2011, SEC.1. Amended by P.L.221-2021, SEC.19.

IC 3-3-4-3 "GIS"
Sec. 3. As used in this chapter, "GIS" refers to the geographic information system
maintained by the office that contains the following information:
(1) Geographic and population information provided in the official census report to the
state by the United States Department of Commerce, Bureau of the Census, in reporting
the 2020 decennial census of Indiana.
(2) Election history and supplemental geographic information compiled by the
legislative services agency.
As added by P.L.215-2011, SEC.1. Amended by P.L.221-2021, SEC.20.

IC 3-3-4-4 "Office"
Sec. 4. As used in this chapter, "office" refers to the office of census data of the legislative
services agency.
As added by P.L.215-2011, SEC.1.

IC 3-3-4-5 Resolution of inconsistent inclusions in congressional districts

Sec. 5. (a) Any part of Indiana that has not been described as included in a district is
included within the district that:
(1) is contiguous to the part; and
(2) contains the least population of districts contiguous to that part according to the
2020 decennial census of Indiana.
(b) If any part of Indiana is described as being in more than one (1) district, the part is
included within the district that:
(1) is one (1) of the districts in which the part is listed in:

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 (A) IC 3-3-5, before November 8, 2022; and
(B) IC 3-3-6, after November 7, 2022;
whichever is applicable;
(2) is contiguous to the part; and
(3) contains the least population according to the 2020 decennial census of Indiana.
(c) If any part of Indiana:
(1) is described in:
(A) IC 3-3-5, before November 8, 2022; and
(B) IC 3-3-6, after November 7, 2022;
as being in one (1) district; and
(2) is entirely surrounded by another district;
the part shall be incorporated into the district that surrounds the part.
(d) If any part of Indiana:
(1) is described as being in one (1) district; and
(2) is not contiguous to another part of the district that contains the majority of the
population in the district;
the part is included with the contiguous district that contains the least population according
to the 2020 decennial census of Indiana.
As added by P.L.215-2011, SEC.1. Amended by P.L.221-2021, SEC.21.

IC 3-3-4-6 Treatment of geographic slivers

Sec. 6. (a) As used in this section, "geographic sliver" means a polygon contained in the
GIS resulting from the overlay of an existing geographic data set onto a more recent version
of that geographic data set.
(b) A geographic sliver is considered to be included in the description of the larger unit
of geography to which the geographic sliver belongs within the same geographic data set.
(c) If this article provides that a district includes a unit of geography in Indiana, that
district contains any geographic slivers included in that unit of geography under subsection
(b).
As added by P.L.215-2011, SEC.1.

IC 3-3-4-7 Office modifications to GIS

Sec. 7. The office shall make modifications in the GIS necessary to conform the GIS to
the rules stated in sections 5 and 6 of this chapter.
As added by P.L.215-2011, SEC.1.

IC 3-3-4-8 Maintenance of census descriptions and maps

Sec. 8. The legislative services agency shall separately maintain and preserve in the GIS
the descriptions and maps included in the 2020 decennial census of Indiana. The legislative
services agency shall make those descriptions and maps available for public inspection
during regular office hours and on the Internet.
As added by P.L.215-2011, SEC.1. Amended by P.L.221-2021, SEC.22.

IC 3-3-4-9 Incorporation of census reports and documents

Sec. 9. The official report and all official documents relating to the report of the 2020
decennial census are incorporated by reference into this article.
As added by P.L.215-2011, SEC.1. Amended by P.L.221-2021, SEC.23.

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IC 3-3-5 Chapter 5. Expired
As added by P.L.215-2011, SEC.2. Expired 11-8-2022 by P.L.221-2021, SEC.24.

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IC 3-3-6 Chapter 6. Congressional Districts; 2021 Plan

3-3-6-1 First Congressional District

3-3-6-2 Second Congressional District
3-3-6-3 Third Congressional District
3-3-6-4 Fourth Congressional District
3-3-6-5 Fifth Congressional District
3-3-6-6 Sixth Congressional District
3-3-6-7 Seventh Congressional District
3-3-6-8 Eighth Congressional District
3-3-6-9 Ninth Congressional District

IC 3-3-6-1 First Congressional District

Sec. 1. The First Congressional District consists of the following:
COUNTIES:
Lake County, Porter County
LaPorte County TOWNSHIPS:
Coolspring Township, Michigan Township, New Durham Township, Scipio Township,
Springfield Township
LaPorte County PRECINCTS:
CENTER 01, CENTER 02, CENTER 03, CENTER 04, CENTER 05, LP 26, LP 29,
LP 30, LP 31, LP 33, LP 34, LP 42, LP 43, LP 44
LaPorte County CENSUS BLOCKS:
180910420001015, 180910420001016, 180910420001019, 180910420001020,
180910420001027, 180910420001028, 180910420001029, 180910420001030,
180910420001031, 180910420001033, 180910420001034, 180910420001036,
180910420001037, 180910420001044, 180910420001045, 180910420001047,
180910420001048, 180910420001049, 180910420002000, 180910420002001,
180910420002002, 180910420002003, 180910420002004, 180910420002005,
180910420002006, 180910420002007, 180910420002008, 180910420002009,
180910420002010, 180910420002011, 180910420002012, 180910420002013,
180910420002014, 180910420002015, 180910420002016, 180910420002017,
180910420002018, 180910420002019, 180910420002020, 180910420002021,
180910420002022, 180910420002023, 180910420002029, 180910421001002,
180910421001003, 180910421001004, 180910421001005, 180910421001009,
180910421001010, 180910421001013, 180910421001014, 180910421001015,
180910421001016, 180910421001017, 180910421001018, 180910421001019,
180910421001020, 180910421001023, 180910421001025, 180910421001026,
180910421003012, 180910421003013, 180910421003014, 180910421003026,
180910421003027, 180910421004009, 180910421004010, 180910421004021,
180910421004022, 180910422001011, 180910422001012, 180910422001013,
180910422001014, 180910422001015, 180910422001018, 180910422001019,
180910422001020, 180910423001012, 180910423001013, 180910423001014,
180910423001015, 180910423001016, 180910423001017, 180910423001018,
180910423001019, 180910423001020, 180910423001021, 180910423001022,
180910423001023, 180910423001024, 180910423001025, 180910423001026,
180910423001027, 180910423001028, 180910423001029, 180910423001030,
180910423001031, 180910423001032, 180910423001033, 180910423001034,
180910423001035, 180910423002000, 180910423002001, 180910423002002,
180910423002003, 180910423002004, 180910423002005, 180910423002006,
180910423002007, 180910423002008, 180910423002009, 180910423002010,
180910423002011, 180910423002012, 180910423002013, 180910423002014,
180910423002015, 180910423002016, 180910423002026, 180910423002027,
180910423002028, 180910423002029, 180910423002030, 180910423002031,

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 180910423002036, 180910423002037, 180910423002038, 180910423002039,
180910423002040, 180910423002041, 180910423002043, 180910423002044,
180910423002045, 180910423002046, 180910423002049, 180910423002050,
180910423002051, 180910423002052, 180910425001000, 180910425001001
As added by P.L.221-2021, SEC.25.

IC 3-3-6-2 Second Congressional District

Sec. 2. The Second Congressional District consists of the following:
COUNTIES:
Elkhart County, Fulton County, Marshall County, Miami County, Pulaski County, St.
Joseph County, Starke County, Wabash County
Cass County TOWNSHIPS:
Adams Township, Bethlehem Township, Clay Township, Harrison Township, Jackson
Township, Miami Township, Tipton Township
Cass County CENSUS BLOCKS:
180179509002041, 180179517002027, 180179517002028, 180179518002025,
180179518002026, 180179518002027, 180179518002028, 180179518003058,
180179519001043, 180179519001044, 180179519003000, 180179519003001,
180179519003002, 180179519003003, 180179519003004, 180179519003006,
180179519003007, 180179519003008, 180179519003009, 180179519003010,
180179519003011, 180179519003012, 180179519003013, 180179519003014,
180179519003015, 180179519003016, 180179519003028, 180179519003029,
180179519003030, 180179519003031, 180179519003032, 180179519003037,
180179519003038, 180179519003039, 180179519003040, 180179519003041,
180179519003042, 180179519003043, 180179519003044, 180179519003045,
180179519003046, 180179519003047, 180179519003048, 180179519003049,
180179519003066, 180179519003069, 180179519003070, 180179519003071,
180179519003072, 180179519003073, 180179519003074
Kosciusko County TOWNSHIPS:
Clay Township, Etna Township, Franklin Township, Harrison Township, Jackson
Township, Jefferson Township, Lake Township, Monroe Township, Plain Township,
Prairie Township, Scott Township, Seward Township, Van Buren Township
Kosciusko County PRECINCTS:
WARD 01 PRECINCT 01, WARD 01 PRECINCT 02, WARD 01 PRECINCT 03
(NV), WARD 01 PRECINCT 04, WARD 02 PRECINCT 01, WARD 02 PRECINCT
02, WARD 02 PRECINCT 03 (NV), WARD 03 PRECINCT 01, WARD 03
PRECINCT 02, WARD 03 PRECINCT 03, WARD 04 PRECINCT 01, WARD 04
PRECINCT 02, WARD 04 PRECINCT 03, WARD 05 PRECINCT 01, WARD 05
PRECINCT 02, WARD 05 PRECINCT 03, WAYNE 01, WAYNE 03, WAYNE 04,
WAYNE 05, WAYNE 06, WAYNE 07, WAYNE 08, WAYNE 09, WAYNE 10,
WAYNE 11
Kosciusko County CENSUS BLOCKS:
180859621011030, 180859621011041, 180859621011042, 180859621023000,
180859621023005, 180859622002036, 180859622002049, 180859622003003,
180859622003004, 180859622003005, 180859622003006, 180859622003007,
180859622003008, 180859622003009, 180859622003011, 180859622003012,
180859622003013, 180859622003014, 180859622003020, 180859622003021,
180859622003029, 180859622003030, 180859622003031, 180859622003032,
180859622003033, 180859622003034, 180859622003035, 180859622003036,
180859623003002, 180859623003003, 180859623003004, 180859623003005,
180859623003006, 180859623003008, 180859623003010, 180859623003011,
180859623003012, 180859623003013, 180859623003014, 180859623003015,
180859623003016, 180859623003028, 180859623003029

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 LaPorte County TOWNSHIPS:
Cass Township, Clinton Township, Dewey Township, Galena Township, Hanna
Township, Hudson Township, Johnson Township, Kankakee Township, Lincoln
Township, Noble Township, Pleasant Township, Prairie Township, Union Township,
Washington Township, Wills Township
LaPorte County PRECINCTS:
LP 37, LP 38
LaPorte County CENSUS BLOCKS:
180910421001027, 180910421002005, 180910421002006, 180910421002007,
180910421002008, 180910421002009, 180910421002010, 180910421002011,
180910421002012, 180910421002013, 180910421002014, 180910421002015,
180910421002016, 180910421002017, 180910421002018, 180910421002019,
180910421002020, 180910421002021, 180910421002025, 180910421002026,
180910421002027, 180910421002028, 180910421003009, 180910421003010,
180910421003011, 180910421003015, 180910421003016, 180910421004037,
180910421004038
As added by P.L.221-2021, SEC.25.

IC 3-3-6-3 Third Congressional District

Sec. 3. The Third Congressional District consists of the following:
COUNTIES:
Adams County, Allen County, Blackford County, DeKalb County, Huntington County,
Jay County, LaGrange County, Noble County, Steuben County, Wells County, Whitley
County
Kosciusko County TOWNSHIPS:
Tippecanoe Township, Turkey Creek Township, Washington Township
Kosciusko County CENSUS BLOCKS:
180859622003028
Randolph County TOWNSHIPS:
Franklin Township, Green Township, Jackson Township, Monroe Township, Ward
Township
Randolph County PRECINCTS:
UNION CITY 01, UNION CITY 02, WINCHESTER 01_02, WINCHESTER 03
Randolph County CENSUS BLOCKS:
181359514001105, 181359514003000, 181359514003001, 181359514003002,
181359514003003, 181359514003004, 181359514003005, 181359514003006,
181359514003007, 181359514003008, 181359514003009, 181359514003010,
181359514003011, 181359514003012, 181359514003013, 181359514003014,
181359514003015, 181359514003016, 181359514003017, 181359514003018,
181359514003019, 181359514003020, 181359514003021, 181359514003022,
181359514003023, 181359514003024, 181359514003025, 181359514003026,
181359514003027, 181359514003028, 181359514003029, 181359514003030,
181359514003031, 181359514003032, 181359514003033, 181359514003034,
181359514003035, 181359514003036, 181359514003037, 181359514003038,
181359514003039, 181359514003040, 181359514003041, 181359514003042,
181359514003048, 181359514003049, 181359514003053, 181359514003054,
181359514003055, 181359514003057, 181359514003058, 181359514003059,
181359514003060, 181359515003016, 181359515003017, 181359515003018,
181359515003019, 181359515003020, 181359515003021, 181359515003022,
181359515003023, 181359515003024, 181359515003026, 181359515003027,
181359515003028, 181359515003029, 181359515003030, 181359515003031,
181359515003032, 181359515003033, 181359515003034, 181359515003035,
181359515004051, 181359516001000, 181359516001001, 181359516001002,

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 181359516001003, 181359516001007, 181359516002000, 181359516002001,
181359516002003, 181359516002007, 181359516002008, 181359516002009,
181359516002011, 181359516003056, 181359516003058, 181359516004012,
181359516004017, 181359516004018, 181359516004043, 181359516004044,
181359516004047, 181359516004048, 181359516004049, 181359516004051,
181359516004052, 181359517001000, 181359517001001, 181359517001002,
181359517001003, 181359517001004, 181359517001005, 181359517001006,
181359517001007, 181359517001008, 181359517001009, 181359517001011,
181359517001015, 181359517001054, 181359517002000, 181359517002001,
181359517002018, 181359517002020, 181359517002021, 181359517002022,
181359517002023, 181359517002037, 181359517002038, 181359517002039,
181359517002040, 181359517002042, 181359517002043, 181359517002044,
181359517002045, 181359517002046, 181359517002047, 181359517002048,
181359517002049, 181359517002051, 181359517002052, 181359517002053,
181359517003000, 181359517003001, 181359517003002, 181359517003003,
181359517003004, 181359517003005, 181359517003008, 181359517003009,
181359517003010, 181359517003014, 181359517003015, 181359517003016,
181359517003017, 181359517003018, 181359517003019, 181359517003020,
181359517003021, 181359517003022, 181359517003023, 181359517003024,
181359517003025, 181359517003026, 181359517003027, 181359517003028,
181359517003029, 181359517003030, 181359517003031, 181359517003032,
181359517003033, 181359517003034, 181359517003035, 181359517003036,
181359517003037, 181359517003038, 181359517003039, 181359517003040,
181359517003041, 181359517003042, 181359517003043, 181359517003044,
181359517003045, 181359517003046, 181359517003047, 181359517003048,
181359517003049, 181359517003053, 181359517003054, 181359517003058,
181359517003059, 181359517003060, 181359517003061, 181359518001000,
181359518001003, 181359518001004, 181359518001006, 181359518001007,
181359518001008, 181359518001009, 181359518001014, 181359518001015,
181359518001029, 181359518002012, 181359518002033, 181359518002034,
181359518003020, 181359518003026, 181359519005000, 181359519005001,
181359519005002, 181359519005003, 181359519005005, 181359519005006,
181359519005007, 181359519005008, 181359519005009, 181359519005010,
181359519005011, 181359519005012, 181359519005013, 181359519005016,
181359519005021, 181359519005022
As added by P.L.221-2021, SEC.25.

IC 3-3-6-4 Fourth Congressional District

Sec. 4. The Fourth Congressional District consists of the following:
COUNTIES:
Benton County, Boone County, Carroll County, Clinton County, Hendricks County,
Jasper County, Montgomery County, Morgan County, Newton County, Putnam County,
Tippecanoe County, Warren County, White County
Cass County TOWNSHIPS:
Boone Township, Clinton Township, Jefferson Township
Cass County PRECINCTS:
LOGANSPORT 01, LOGANSPORT 02, LOGANSPORT 03, LOGANSPORT 04,
LOGANSPORT 05, LOGANSPORT 06, LOGANSPORT 07, LOGANSPORT 08,
LOGANSPORT 09, LOGANSPORT 10, LOGANSPORT 11, LOGANSPORT 12,
LOGANSPORT 13, LOGANSPORT 14, LOGANSPORT 15, LOGANSPORT 16,
EEL WEST, NOBLE CITY, NOBLE SOUTH, WASHINGTON CITY
Cass County CENSUS BLOCKS:
180179509003002, 180179509003003, 180179510001053, 180179510001057,

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 180179510001058, 180179510001059, 180179510001060, 180179510001061,
180179510001062, 180179510001063, 180179510001064, 180179510001065,
180179510001066, 180179510001068, 180179510001069, 180179510001070,
180179510002000, 180179510002001, 180179510002002, 180179510002003,
180179510002004, 180179510002005, 180179510002006, 180179510002007,
180179510002008, 180179510002009, 180179510002010, 180179510002011,
180179510002012, 180179510002013, 180179510002014, 180179510002015,
180179510002016, 180179510002017, 180179510002034, 180179510002035,
180179510002036, 180179510002050, 180179510002055, 180179510003000,
180179510003001, 180179510003002, 180179510003003, 180179510003004,
180179510003005, 180179510003006, 180179510003007, 180179510003008,
180179510003009, 180179510003013, 180179510003014, 180179510003015,
180179511002082, 180179511003000, 180179511003011, 180179511003012,
180179511003013, 180179511003036, 180179511003044, 180179511003045,
180179511003046, 180179511003050, 180179511003053, 180179512003001,
180179512003002, 180179514001047, 180179514001050, 180179514001131,
180179514001132, 180179514001137, 180179514002027, 180179515001000,
180179515001003, 180179516001000, 180179516001001, 180179516001027,
180179516001028, 180179516005000, 180179516005001, 180179516005003,
180179516005004, 180179516005005, 180179516005007, 180179516005013,
180179516005022, 180179516005027, 180179516005028, 180179516005029,
180179516005030, 180179516005038, 180179517002026, 180179517002030,
180179517002033, 180179517002039, 180179517002041, 180179517003008,
180179517003009, 180179517003016, 180179517003017, 180179517003018,
180179517003019, 180179517003020, 180179517003021, 180179517003022,
180179517003023, 180179517003024, 180179517003025, 180179517003026,
180179517003027, 180179517003028, 180179517003031, 180179517003032,
180179517003033, 180179517003034, 180179517003035, 180179517003036,
180179517003090, 180179517003096, 180179517003097, 180179517003098,
180179517003099, 180179517003101, 180179518002005, 180179518002006,
180179518002007, 180179518002008, 180179518003000, 180179518003001,
180179518003002, 180179518003003, 180179518003004, 180179518003005,
180179518003006, 180179518003007, 180179518003008, 180179518003009,
180179518003010, 180179518003011, 180179518003012, 180179518003015,
180179518003016, 180179518003017, 180179518003018, 180179518003019,
180179518003020, 180179518003021, 180179518003022, 180179518003023,
180179518003024, 180179518003025, 180179518003026, 180179518003027,
180179518003028, 180179518003029, 180179518003030, 180179518003031,
180179518003032, 180179518003033, 180179518003034, 180179518003035,
180179518003036, 180179518003037, 180179518003038, 180179518003039,
180179518003040, 180179518003041, 180179518003042, 180179518003043,
180179518003044, 180179518003045, 180179518003046, 180179518003047,
180179518003048, 180179518003049, 180179518003050, 180179518003051,
180179518003052, 180179518003053, 180179518003054, 180179518003055,
180179518003056, 180179518003057, 180179518003059, 180179518003060,
180179518003061, 180179518003062, 180179518004007, 180179518004008,
180179518004009, 180179518004010, 180179518004011, 180179518004012,
180179518004065, 180179518004066, 180179518004067, 180179518004068,
180179518004071, 180179518004072, 180179518004077, 180179518004078,
180179518004079, 180179518004080, 180179518004081, 180179518004082,
180179518004085, 180179518004086, 180179518004087, 180179518004088,
180179518004091, 180179518004093, 180179518004095, 180179518004096,
180179518004103, 180179518004148, 180179518004149, 180179518004150,

Indiana Code 2023

 180179518004151, 180179518004152, 180179518004153, 180179518004154,
180179518004155, 180179518004160, 180179518004161, 180179518004166,
180179519003005, 180179519003017, 180179519003018, 180179519003019,
180179519003020, 180179519003021, 180179519003022, 180179519003023,
180179519003024, 180179519003025, 180179519003026, 180179519003027,
180179519003033, 180179519003034, 180179519003035, 180179519003036,
180179519003050, 180179519003051, 180179519003052, 180179519003053,
180179519003054, 180179519003055, 180179519003056, 180179519003057,
180179519003058, 180179519003059, 180179519003060, 180179519003061,
180179519003062, 180179519003063, 180179519003064, 180179519003065,
180179519003067, 180179519003068, 180179519003075, 180179519003076
Fountain County TOWNSHIPS:
Davis Township, Logan Township, Richland Township, Shawnee Township
Fountain County CENSUS BLOCKS:
180459576003072, 180459576003073, 180459578001001, 180459578001003,
180459578001004, 180459578001005, 180459578001007, 180459578001021,
180459578002054, 180459578003047, 180459579001048, 180459579001049,
180459579001054, 180459579001056, 180459579001057, 180459579001058,
180459579001059, 180459579001060, 180459579001061, 180459579001062,
180459579001063, 180459579001064, 180459579001065, 180459579001066,
180459579001067, 180459579001069, 180459579001070, 180459579001071,
180459579001072, 180459579001073, 180459579001074, 180459579001075,
180459579001076, 180459579001077, 180459579001078, 180459579001079,
180459579001080, 180459579002000, 180459579002001, 180459579002002,
180459579002003, 180459579002004, 180459579002005, 180459579002006,
180459579002007, 180459579002008, 180459579002009, 180459579002010,
180459579002011, 180459579002012, 180459579002013, 180459579002014,
180459579002015, 180459579002016, 180459579002017, 180459579002018,
180459579002019, 180459579002020, 180459579002021, 180459579002022,
180459579002023, 180459579002024, 180459579002025, 180459579002026,
180459579002027, 180459579002028, 180459579002029, 180459579002030,
180459579002031, 180459579002032, 180459579002033, 180459579002034,
180459579002035, 180459579002036, 180459579002037, 180459579002038,
180459579002039, 180459579002040, 180459579002041, 180459579002042,
180459579002043, 180459579002044, 180459579002045, 180459579002046,
180459579002047, 180459579002048, 180459579002049, 180459579002050,
180459579002051, 180459579002052, 180459579002053, 180459579002054,
180459579002055, 180459579003036, 180459579003037, 180459579003038,
180459579003039, 180459579003066, 180459579003067, 180459579003078,
180459579003079
Howard County CENSUS BLOCKS:
180670105001050, 180670105001051, 180670105001052, 180670105001054,
180670105001055, 180670105001056, 180670105001057, 180670105001058,
180670105001059, 180670105001060, 180670105001061, 180670105001062,
180670105001063, 180670105001064, 180670105001065, 180670105001066,
180670105001067, 180670105001068, 180670105001069, 180670105001070,
180670105001071, 180670105001072, 180670105001073, 180670105001074,
180670105001075, 180670105001076, 180670105001077, 180670105001078,
180670105001079, 180670105001080, 180670105001081, 180670105002007,
180670105002015, 180670105002016, 180670105002020, 180670105002036,
180670105002037, 180670105002038, 180670105002039, 180670105002042,
180670105002043, 180670105002044, 180670105002045, 180670105002052,
180670105002055, 180670105002056, 180670105002058, 180670105002060,

Indiana Code 2023

 180670105002061, 180670105002062
As added by P.L.221-2021, SEC.25.

IC 3-3-6-5 Fifth Congressional District

Sec. 5. The Fifth Congressional District consists of the following:
COUNTIES:
Delaware County, Grant County, Hamilton County, Madison County, Tipton County
Howard County TOWNSHIPS:
Center Township, Clay Township, Ervin Township, Harrison Township, Howard
Township, Jackson Township, Liberty Township, Monroe Township, Taylor Township,
Union Township
Howard County CENSUS BLOCKS:
180670105001043, 180670105001044, 180670105001053, 180670105002000,
180670105002001, 180670105002002, 180670105002003, 180670105002004,
180670105002005, 180670105002006, 180670105002008, 180670105002009,
180670105002010, 180670105002011, 180670105002012, 180670105002013,
180670105002014, 180670105002017, 180670105002018, 180670105002019,
180670105002021, 180670105002022, 180670105002023, 180670105002024,
180670105002025, 180670105002026, 180670105002027, 180670105002028,
180670105002029, 180670105002030, 180670105002031, 180670105002032,
180670105002033, 180670105002034, 180670105002035, 180670105002040,
180670105002041, 180670105002046, 180670105002047, 180670105002048,
180670105002049, 180670105002050, 180670105002051, 180670105002053,
180670105002054, 180670105002057, 180670105002059, 180670105003017,
180670105003019, 180670105003020, 180670105003021, 180670105003029,
180670105003030
As added by P.L.221-2021, SEC.25.

IC 3-3-6-6 Sixth Congressional District

Sec. 6. The Sixth Congressional District consists of the following:
COUNTIES:
Fayette County, Hancock County, Henry County, Johnson County, Rush County,
Shelby County, Union County, Wayne County
Bartholomew County TOWNSHIPS:
Clay Township, Clifty Township, Columbus Township, Flat Rock Township, German
Township, Harrison Township, Haw Creek Township, Rock Creek Township
Bartholomew County PRECINCTS:
COLUMBUS 3400, GERMAN 4000, GERMAN 4100, GERMAN 4300, HARRISON
4400
Bartholomew County CENSUS BLOCKS:
180050113004012, 180050113004013, 180050113004028, 180050114001025,
180050114001026, 180050114001027, 180050114001034, 180050114001035,
180050114001036, 180050114001037, 180050114001038, 180050114001039,
180050114002029, 180050114002030, 180050114002031, 180050114003004,
180050114003005, 180050114003006, 180050114003007, 180050114003008,
180050114003011, 180050114003012, 180050114003013, 180050114003014,
180050114003015, 180050114003018, 180050114003019, 180050114003020,
180050114003021, 180050114003022, 180050114003023, 180050114003024,
180050114003025, 180050114003026, 180050114003027, 180050114003028,
180050114003029, 180050114003030, 180050114003031, 180050114003032,
180050114003033, 180050114003034, 180050114003035, 180050114003036,
180050114003037, 180050114003038, 180050114003039, 180050114003040,
180050114003042, 180050114003043, 180050114003044, 180050114003045,

Indiana Code 2023

 180050114003047, 180050114003048, 180050114003049, 180050114003050,
180050114003051
Marion County TOWNSHIPS:
Decatur Township, Franklin Township
Marion County PRECINCTS:
26-01, 26-02, 26-03, PE-01, PE-02, PE-03, PE-04, PE-05, PE-08, PE-09, PE-10,
PE-11, PE-12, PE-13, PE-14, PE-15, PE-16, PE-17, PE-18, PE-19, PE-20, PE-21,
PE-22, PE-23, PE-24, PE-25, PE-26, PE-27, PE-28, PE-29, PE-30, PE-31, PE-32,
PE-33, PE-34, PE-35, PE-36, PE-37, PE-38, PE-39, PE-40, PE-41, PE-42, PE-43,
PE-44, PE-45, PE-46, PE-47, PE-48, PE-49, PE-50, PE-51, PE-52, PE-53, PE-54,
PE-55, PE-56, PE-57, PE-58
Marion County CENSUS BLOCKS:
180973804031000, 180973804031001, 180973804031002, 180973804031003,
180973804031004, 180973804031005, 180973804031006, 180973804031007,
180973804031008, 180973804031009, 180973804031010, 180973804031011,
180973804031012, 180973804031013, 180973804031014, 180973804031015,
180973804031016, 180973804033000, 180973804033001, 180973804033002,
180973804033003, 180973804033004, 180973804033005, 180973804033008,
180973804033009, 180973804033010, 180973804033011, 180973804033012,
180973804033013, 180973804033014, 180973804033015, 180973804034002,
180973804034003, 180973804034004, 180973804034005, 180973804034008,
180973804034009, 180973804034010, 180973804043007, 180973804043011
Randolph County TOWNSHIPS:
Greensfork Township, Stoney Creek Township, Union Township, Washington
Township
Randolph County CENSUS BLOCKS:
181359514003043, 181359514003044, 181359514003045, 181359514003046,
181359514003047, 181359514003050, 181359514003051, 181359514003052,
181359514003061, 181359517002019, 181359517002024, 181359517002025,
181359517002026, 181359517002027, 181359517002028, 181359517003050,
181359517003051, 181359517003052, 181359517003055, 181359517003056,
181359517003057, 181359518001037, 181359518001038, 181359518001039,
181359518002041, 181359518002042, 181359518003019, 181359518003025,
181359518003027, 181359518003028, 181359518003029, 181359518003030,
181359518003031, 181359518003032, 181359518003034, 181359519005014,
181359519005015, 181359519005017, 181359519005018, 181359519005019,
181359519005020, 181359519005055, 181359519005056, 181359519005057,
181359519005058, 181359519005061, 181359519005062, 181359519005063,
181359519005064, 181359519005065, 181359519005066, 181359519005067,
181359519005068, 181359519005069, 181359519005070, 181359519005071,
181359519005072, 181359519005073, 181359519005075, 181359519005076,
181359519005077, 181359519005078, 181359519005079, 181359519005080,
181359519005081, 181359520001000, 181359520001001, 181359520001002,
181359520001003, 181359520001004, 181359520001005, 181359520001006,
181359520001007, 181359520001008, 181359520001009, 181359520001010,
181359520001011, 181359520001012, 181359520001013, 181359520001014,
181359520001015, 181359520001016, 181359520001017, 181359520001018,
181359520001019, 181359520001020, 181359520001021, 181359520001022,
181359520001023, 181359520001024, 181359520001025, 181359520001026,
181359520001027, 181359520001028, 181359520001029, 181359520001030,
181359520001031, 181359520001032, 181359520001033, 181359520001034,
181359520001035, 181359520001036, 181359520001037, 181359520001038,
181359520001039, 181359520001040, 181359520001041, 181359520001042,

Indiana Code 2023

 181359520001043, 181359520001044, 181359520001053, 181359520001058,
181359520001059, 181359520001060, 181359520001061, 181359520001062,
181359520001063, 181359520001067, 181359520001068, 181359520001069,
181359520001070, 181359520001075, 181359520001076, 181359520001077,
181359520001078, 181359520001079
As added by P.L.221-2021, SEC.25.

IC 3-3-6-7 Seventh Congressional District

Sec. 7. The Seventh Congressional District consists of the following:
Marion County TOWNSHIPS:
Center Township, Lawrence Township, Pike Township, Warren Township, Washington
Township, Wayne Township
Marion County CENSUS BLOCKS:
180973804033006, 180973804033007, 180973804034000, 180973804034001,
180973804042000, 180973804042001, 180973804042002, 180973804042003,
180973804042004, 180973804042005, 180973804042006, 180973804042007,
180973804042008, 180973804042009, 180973804043000, 180973804043001,
180973804043002, 180973804043003, 180973804043004, 180973804043005,
180973804043006, 180973804043008
As added by P.L.221-2021, SEC.25.

IC 3-3-6-8 Eighth Congressional District

Sec. 8. The Eighth Congressional District consists of the following:
COUNTIES:
Clay County, Crawford County, Daviess County, Dubois County, Gibson County,
Greene County, Knox County, Martin County, Orange County, Owen County, Parke
County, Perry County, Pike County, Posey County, Spencer County, Sullivan County,
Vanderburgh County, Vermillion County, Vigo County, Warrick County
Fountain County TOWNSHIPS:
Fulton Township, Jackson Township, Millcreek Township, Van Buren Township,
Wabash Township
Fountain County PRECINCTS:
TROY 02, TROY 03
Fountain County CENSUS BLOCKS:
180459578001002, 180459578001006, 180459578001008, 180459578001022,
180459578001025, 180459578001026, 180459578001027, 180459578001028,
180459578001029, 180459578001030, 180459578001031, 180459578001032,
180459578001033, 180459578001034, 180459578001035, 180459578001036,
180459578001037, 180459578001038, 180459578001039, 180459578001040,
180459578001041, 180459578001042, 180459578002004, 180459578002005,
180459578002006, 180459578003011, 180459578004000, 180459578004001,
180459578004002, 180459578004003, 180459578004013, 180459578004014,
180459578004015, 180459578004016, 180459578004021, 180459578004026,
180459578004027, 180459578004028, 180459578004029, 180459578004030,
180459578004031, 180459578004032, 180459578004034, 180459578004035,
180459578004037, 180459578004040, 180459578004041, 180459578004042,
180459578004044, 180459578004045, 180459578004046, 180459578004047,
180459578004048, 180459578004049, 180459578004050, 180459578004051,
180459578004052, 180459578004053, 180459578004054, 180459578004055,
180459578004056, 180459578004057, 180459578004058, 180459578004059,
180459579002056, 180459579002057, 180459579003011, 180459579003012,
180459579003080, 180459579003081, 180459579003086, 180459579003087,
180459579004002, 180459579004003, 180459579004004, 180459579004005,

Indiana Code 2023

 180459580002000, 180459580002016, 180459580002017, 180459580002018
As added by P.L.221-2021, SEC.25.

IC 3-3-6-9 Ninth Congressional District

Sec. 9. The Ninth Congressional District consists of the following:
COUNTIES:
Brown County, Clark County, Dearborn County, Decatur County, Floyd County,
Franklin County, Harrison County, Jackson County, Jefferson County, Jennings
County, Lawrence County, Monroe County, Ohio County, Ripley County, Scott
County, Switzerland County, Washington County
Bartholomew County TOWNSHIPS:
Jackson Township, Ohio Township, Wayne Township
Bartholomew County CENSUS BLOCKS:
180050114001020, 180050114001021, 180050114001022, 180050114001023,
180050114001024, 180050114003009, 180050114003010, 180050114003016,
180050114003017, 180050114003046, 180050114003052, 180050114003053,
180050114003054, 180050114003055, 180050114003056, 180050114003057,
180050114003058, 180050114003059, 180050114003060, 180050114003061,
180050114003062, 180050114003063, 180050114003064, 180050114003065,
180050114003066, 180050114004000, 180050114004001, 180050114004002,
180050114004003, 180050114004004, 180050114004005, 180050114004006,
180050114004007, 180050114004008, 180050114004009, 180050114004010,
180050114004011, 180050114004012, 180050114004013, 180050114004014,
180050114004015, 180050114004016, 180050114004017, 180050114004018,
180050114004019, 180050114004020, 180050114004021, 180050114004022,
180050114004023, 180050114004024, 180050114004025, 180050114004026,
180050114004027, 180050114004028, 180050114004029, 180050114004030,
180050114004031, 180050114004032, 180050114004033, 180050114004034,
180050114004035, 180050114004036, 180050114004037, 180050114004038,
180050114004039, 180050114004040, 180050114004041
As added by P.L.221-2021, SEC.25.

Indiana Code 2023

IC 3-4 ARTICLE 4. REPEALED
Repealed by P.L.5-1986, SEC.61.

Indiana Code 2023

IC 3-5 ARTICLE 5. GENERAL PROVISIONS

Ch. 1. Applicability; Types of Elections

Ch. 2. Definitions
Ch. 3. Local Government Election Expenses
Ch. 4. Miscellaneous Provisions
Ch. 4.5. Standards for Challenges to Voters
Ch. 5. Standards for Determining Residency
Ch. 6. Standards for Certifying Documents Signed by Registered Voters
Ch. 7. Candidate Designations on the Ballot
Ch. 8. The Voter's Bill of Rights
Ch. 9. Government Employees and Volunteer Firefighters Holding Office
Ch. 10. Drawing Election Districts for Local and School Board Offices

IC 3-5-1 Chapter 1. Applicability; Types of Elections

3-5-1-0.3 P.L.5-1986 intended to be a codification and restatement of law; no effect on

rights or liabilities accrued, penalties incurred, crimes committed, or
proceedings begun
3-5-1-0.4 General assembly may preserve background materials related to P.L.5-1986
3-5-1-1 Application of title to certain elections
3-5-1-2 Types of elections

IC 3-5-1-0.3 P.L.5-1986 intended to be a codification and restatement of

law; no effect on rights or liabilities accrued, penalties
incurred, crimes committed, or proceedings begun
Sec. 0.3. (a) P.L.5-1986 is intended to be a codification and restatement of applicable or
corresponding provisions repealed by P.L.5-1986, SECTION 61 (IC 2-2.1-2, IC 3-1, IC 3-2,
IC 3-4, IC 33-13-1, IC 33-13-2, and IC 35-50-1-4). If P.L.5-1986 repeals and replaces a
provision in the same form or in a restated form, the substantive operation and effect of that
provision continue uninterrupted.
(b) P.L.5-1986 does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before March 4, 1986. Those rights, liabilities, penalties, offenses, and proceedings continue
and shall be imposed and enforced under prior law as if P.L.5-1986 had not been enacted.
As added by P.L.220-2011, SEC.10.

IC 3-5-1-0.4 General assembly may preserve background materials related

to P.L.5-1986
Sec. 0.4. The general assembly may, by concurrent resolution, preserve any of the
background materials related to P.L.5-1986.
As added by P.L.220-2011, SEC.11.

IC 3-5-1-1 Application of title to certain elections

Sec. 1. This title applies to each election at which the electorate of the state or a political
subdivision:
(1) nominates or chooses by ballot public officials; or
(2) decides a public question lawfully submitted to the electorate.
[Pre-1986 Recodification Citations: 3-1-1-2 part; 3-1-1-3; 3-1-9-16; 3-1-22-15; 3-1-22-17; 3-1-24-13;
3-2-7-3; 3-4-1-7.]
As added by P.L.5-1986, SEC.1.

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IC 3-5-1-2 Types of elections
Sec. 2. The types of elections to which this title applies are classified as follows:
(1) General election, which is conducted statewide on the first Tuesday after the first
Monday in November of each even-numbered year.
(2) Municipal election, in which the electorate of a municipality chooses by ballot
public officials for the municipality or decides a public question lawfully submitted to
the electorate of the municipality.
(3) Primary election, which is conducted for the purpose of choosing by ballot the
following:
(A) The candidates who will be the nominees of a political party for elected offices
in a general or municipal election.
(B) The precinct committeemen of a political party.
(C) The delegates to a political party's state convention.
(4) School district election, in which the electorate of a school district chooses by ballot
members of the school board.
(5) Special election, which is conducted for a special purpose as provided by law.
[Pre-1986 Recodification Citation: 3-1-1-2 part.]
As added by P.L.5-1986, SEC.1.

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IC 3-5-2 Chapter 2. Definitions

3-5-2-1 Application of definitions

3-5-2-1.5 "Absent uniformed services voter"
3-5-2-1.7 "Active voter"
3-5-2-1.8 "Anomaly"
3-5-2-2 "Automatic tabulating machine"
3-5-2-2.5 "Auxiliary party organization"
3-5-2-2.7 "Background check"
3-5-2-3 "Ballot"
3-5-2-4 "Ballot card"
3-5-2-4.5 "Ballot card voting system"
3-5-2-5 "Ballot label"
3-5-2-5.3 "Board of elections and registration"
3-5-2-5.5 "Bona fide political party"
3-5-2-5.7 "Breach of peace"
3-5-2-5.9 "Candidacy document"
3-5-2-6 "Candidate"
3-5-2-7 "Candidate's committee"
3-5-2-7.5 "Caucus"
3-5-2-8 "Central committee"
3-5-2-8.7 Repealed
3-5-2-9 "Chairman"
3-5-2-10 "Chute"
3-5-2-11 "City"
3-5-2-11.5 "Commission"
3-5-2-12 "Consolidated city"
3-5-2-13 "Contestee"
3-5-2-14 "Contestor"
3-5-2-15 "Contribution"
3-5-2-15.9 "County election board"
3-5-2-16 "Convention"
3-5-2-16.2 "County voter registration office"
3-5-2-16.3 "De minimus change"
3-5-2-16.4 "Domicile"
3-5-2-16.5 "Elderly"
3-5-2-17 "Elected office"
3-5-2-18 "Election day"
3-5-2-19 "Election district"
3-5-2-19.5 "Election division"
3-5-2-20 "Electorate"
3-5-2-20.5 "Electronic poll book"
3-5-2-20.7 "Electronic poll list"
3-5-2-21 "Electronic voting system"
3-5-2-21.5 Repealed
3-5-2-22 "Executive"
3-5-2-23 "Expenditure"
3-5-2-23.2 "Expedited basis"
3-5-2-23.7 "Fax"
3-5-2-24 "Federal office"
3-5-2-24.5 "Filing"
3-5-2-25 "Fiscal body"
3-5-2-26 "Fiscal officer"
3-5-2-26.1 "Former candidate"
3-5-2-26.2 "HAVA"
3-5-2-26.3 "IDEA"
3-5-2-26.4 "Inhabitant"
3-5-2-26.5 Repealed
3-5-2-26.6 "Independent"
3-5-2-26.7 "Individual with a nontraditional residence"
3-5-2-26.8 "Law enforcement officer"

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 3-5-2-26.9 "Lawful detention"
3-5-2-27 "Legislative body"
3-5-2-27.3 "Legislative caucus committee"
3-5-2-28 "Legislative office"
3-5-2-29 "Local office"
3-5-2-30 "Major political party"
3-5-2-31 "Marking device"
3-5-2-31.5 "Member of the military or public safety officer"
3-5-2-31.7 "Modification"
3-5-2-32 "Municipality"
3-5-2-32.5 Repealed
3-5-2-32.7 "Nomination date"
3-5-2-33 "Nominee"
3-5-2-33.5 "NVRA"
3-5-2-33.7 "NVRA official"
3-5-2-33.8 "Office"
3-5-2-33.9 "Optical scan ballot"
3-5-2-34 "Organization"
3-5-2-34.5 "Overseas voter"
3-5-2-34.7 "Paper ballot"
3-5-2-35 Repealed
3-5-2-36 "Person"
3-5-2-37 "Political action committee"
3-5-2-38 "Political subdivision"
3-5-2-39 "Polls"
3-5-2-40 "Precinct"
3-5-2-40.1 "Precinct election officer"
3-5-2-40.3 "Presidential elector"
3-5-2-40.5 "Proof of identification"
3-5-2-40.6 "Provisional ballot"
3-5-2-40.7 "Provisional voter"
3-5-2-41 "Public question"
3-5-2-41.5 Repealed
3-5-2-41.6 Repealed
3-5-2-41.7 "Registration agency"
3-5-2-42 "Regular party committee"
3-5-2-42.5 "Residence"
3-5-2-43 Repealed
3-5-2-44 "School board"
3-5-2-45 "School board office"
3-5-2-46 "School corporation"
3-5-2-47 "School district"
3-5-2-47.5 "Signing the poll list"
3-5-2-48 "State office"
3-5-2-48.5 "Testing authority"
3-5-2-49 "Town"
3-5-2-49.3 "Uniformed services"
3-5-2-49.6 "United States"
3-5-2-49.7 "Unknown or insufficient address"
3-5-2-49.8 "Vote center"
3-5-2-49.9 Expired
3-5-2-50 "Voter"
3-5-2-50.1 "Voter identification number"
3-5-2-50.2 "Voter with disabilities"
3-5-2-50.3 "Voter with print disabilities"
3-5-2-50.4 "Voter's bill of rights"
3-5-2-50.6 Repealed
3-5-2-51 "Voting mark"
3-5-2-52 "Voting method"
3-5-2-53 "Voting system"
3-5-2-53.2 "VSTOP"

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 3-5-2-53.5 "Web content guidelines"
3-5-2-54 "Write-in candidate"

IC 3-5-2-1 Application of definitions

Sec. 1. The definitions in this chapter apply throughout this title.
[Pre-1986 Recodification Citations: 3-1-1-1; 3-1-1-2 part.]
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" means the following:
(1) For purposes of IC 3-11-1.5, refers to a voter who satisfies either of the following:
(A) 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.
(B) 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.
(2) For purposes of IC 3-11-18.1, has the meaning set forth in IC 3-11-18.1-2.
As added by P.L.12-1995, SEC.2. Amended by P.L.4-1996, SEC.1; P.L.38-1999, SEC.1;
P.L.225-2011, SEC.2.

IC 3-5-2-1.8 "Anomaly"
Sec. 1.8. "Anomaly" means an action or response by a voting system or electronic poll
book that:
(1) does not conform with the specifications or perform as certified and is critical to the
administration of elections;
(2) causes a delay or disruption to voting or vote tabulation; or
(3) occurs due to a root cause that is unable to be determined within forty-eight (48)
hours after initial discovery by the vendor or county.
As added by P.L.193-2021, SEC.1.

IC 3-5-2-2 "Automatic tabulating machine"

Sec. 2. "Automatic tabulating machine" means:
(1) apparatus necessary to automatically count votes cast on a voting system; and
(2) data processing machines that can be used for counting ballots and tabulating
results.
[Pre-1986 Recodification Citation: 3-2-4-2(a).]
As added by P.L.5-1986, SEC.1. Amended by P.L.6-1986, SEC.1; P.L.71-2019, SEC.1.

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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 3-5-2-2.7 "Background check"

Sec. 2.7. "Background check" refers to the "national criminal history background check"
defined in IC 10-13-3-12.
As added by P.L.71-2019, SEC.2.

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 electronic display 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.
[Pre-1986 Recodification Citations: 3-1-1-2 part; 3-2-4-2(b) part; 3-2-4-2(d).]
As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.2; P.L.221-2005, SEC.1;
P.L.169-2015, SEC.1; P.L.71-2019, SEC.3.

IC 3-5-2-4 "Ballot card"

Sec. 4. "Ballot card" refers to an optical scan ballot.
[Pre-1986 Recodification Citation: 3-2-4-2(b) part.]
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 any of the following:
(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.
(2) The material, supplied for use with a ballot card voting system, that contains those
names and questions.
(3) The digital image of the ballot on the screen of an electronic voting system or the
interface of the marking device used with an optical scan voting system.
[Pre-1986 Recodification Citations: 3-1-1-2 part; 3-2-4-2(c).]
As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.3; P.L.221-2005, SEC.4;
P.L.109-2021, SEC.1.

IC 3-5-2-5.3 "Board of elections and registration"

Sec. 5.3. "Board of elections and registration" refers to a board of elections and
registration established under any of the following:

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 (1) IC 3-6-5.2.
(2) IC 3-6-5.4.
(3) IC 3-6-5.6.
As added by P.L.170-2019, SEC.1.

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 3-5-2-5.7 "Breach of peace"

Sec. 5.7. "Breach of peace" means breaking or disturbing the public peace, order, or
decorum by any riotous, forcible, or unlawful proceedings, including fighting or tumultuous
conduct.
As added by P.L.209-2021, SEC.1.

IC 3-5-2-5.9 "Candidacy document"

Sec. 5.9. "Candidacy document" refers to any of the following:
(1) A declaration of intent to be a write-in candidate.
(2) A declaration of candidacy.
(3) A consent to the nomination.
(4) A consent to become a candidate.
(5) A certificate of candidate selection.
(6) A consent filed under IC 3-13-2-7.
(7) A statement filed under IC 33-24-2, IC 33-25-2, IC 33-33-45-42, IC 33-33-49-13.3,
or IC 33-33-71-43.
As added by P.L.227-2023, SEC.1.

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.
[Pre-1986 Recodification Citations: 3-4-1-3; 3-4-8-1 part.]
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.

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 [Pre-1986 Recodification Citation: 3-4-1-4.]
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.
[Pre-1986 Recodification Citation: 3-4-1-17 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-8.7 Repealed
As added by P.L.58-2005, SEC.1. 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.
[1986 Recodification Citation: New.]
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.
[Pre-1986 Recodification Citation: 3-1-1-2 part.]
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.
[1986 Recodification Citation: New.]
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.

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 [Pre-1986 Recodification Citation: 36-3-1-2.]
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.
[Pre-1986 Recodification Citation: 3-1-1-2 part.]
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.
[Pre-1986 Recodification Citation: 3-1-1-2 part.]
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 35-31.5-2-253) 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.
[Pre-1986 Recodification Citations: 3-4-1-6; 3-4-1-22 part.]
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; P.L.114-2012, SEC.2.

IC 3-5-2-15.9 "County election board"

Sec. 15.9. "County election board" refers to a board established by IC 3-6-5-1.
As added by P.L.170-2019, SEC.2.

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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.
[Pre-1986 Recodification Citation: 3-1-1-2 part.]
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.
(2) A board of elections and registration.
(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; P.L.225-2011, SEC.3;
P.L.74-2017, SEC.1; P.L.170-2019, SEC.3.

IC 3-5-2-16.3 "De minimus change"

Sec. 16.3. "De minimis change", with respect to a certified voting system's or a certified
electronic poll book's hardware, software, technical documentation, or data, refers to a
change which will not materially alter the system's reliability, functionality, capability, or
operation. A change is not a de minimis change if the change has reasonable and identifiable
potential to affect the voting system's or electronic poll book's operation and compliance with
applicable Indiana law.
As added by P.L.76-2014, SEC.1. Amended by P.L.193-2021, SEC.2.

IC 3-5-2-16.4 "Domicile"
Sec. 16.4. "Domicile" means residence, as determined under IC 3-5-5.
As added by P.L.258-2013, 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.
[Pre-1986 Recodification Citations: Part new; 3-1-4-10(b) part.]
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.
[1986 Recodification Citation: New.]
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 who are
qualified to vote for a candidate or on a public question reside and whose votes a candidate
or committee proposes to influence.
[Pre-1986 Recodification Citation: 3-4-1-8.]
As added by P.L.5-1986, SEC.1. Amended by P.L.219-2013, 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

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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.
[Pre-1986 Recodification Citation: 3-1-1-2 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-20.5 "Electronic poll book"

Sec. 20.5. "Electronic poll book" means the combination of mechanical,
electromechanical, and electronic equipment (including the software, firmware,
documentation, and backend infrastructure and services, including cloud platform services,
required to program, control, and support the equipment) that is used to access and maintain
the electronic poll list.
As added by P.L.64-2014, SEC.1. Amended by P.L.193-2021, SEC.3.

IC 3-5-2-20.7 "Electronic poll list"

Sec. 20.7. "Electronic poll list" means a poll list that is maintained in a computer data
base.
As added by P.L.64-2014, SEC.2.

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.
[Pre-1986 Recodification Citations: 3-2-4-1; 3-2-4-2(f).]
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
As added by P.L.3-1997, SEC.8. Repealed by P.L.221-2005, SEC.144.

IC 3-5-2-22 "Executive"
Sec. 22. "Executive" means the following:
(1) The board of county commissioners, for a county that does not have a consolidated
city.
(2) The mayor of the consolidated city, for a county having a consolidated city.
(3) The mayor, for a city.
(4) The president of the town council, for a town.
(5) The trustee, for a township.
[Pre-1986 Recodification Citations: 3-2-11-2; 36-1-2-5 part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.8-1989, SEC.1; P.L.77-2014, SEC.1;
P.L.278-2019, 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 35-31.5-2-253) 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:

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 (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 (1) committee to another, the disbursing
committee is considered to be making an expenditure in the amount of the funds transferred.
[Pre-1986 Recodification Citations: 3-4-1-10; 3-4-1-16(b) part; 3-4-1-22 part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.114-2012, SEC.3.

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.
(c) This subsection applies to the processing of a voter registration document described
in subsection (a)(1) that is received by a county voter registration office not more than seven
(7) days before the close of a registration period under IC 3-7-13-10. The processing of a
document subject to this subsection on an "expedited basis" refers to processing not later than
seven (7) days following the receipt of the document.
As added by P.L.14-2004, SEC.2. Amended by P.L.258-2013, 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.
[Pre-1986 Recodification Citation: 3-4-1-11.]
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.

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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.
[Pre-1986 Recodification Citations: 3-2-11-3; 3-4-8-1; 36-1-2-6 part.]
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.
[Pre-1986 Recodification Citation: 36-1-2-7 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-26.1 "Former candidate"

Sec. 26.1. "Former candidate" refers to an individual who was a candidate for an election
and satisfies any of the following:
(1) The individual has died before the election, including a candidate certified as
deceased under IC 3-8-7-1.
(2) The individual has withdrawn as a candidate before the election.
(3) The individual has been disqualified as a candidate under IC 3-8-1-5.
(4) The individual has been disqualified as a candidate under a court order issued under
IC 3-8-7-29(d).
As added by P.L.227-2023, SEC.2.

IC 3-5-2-26.2 "HAVA"
Sec. 26.2. "HAVA" refers to the Help America Vote Act of 2002 (52 U.S.C. 20901
through 52 U.S.C. 21145).
As added by P.L.209-2003, SEC.2. Amended by P.L.128-2015, SEC.1.

IC 3-5-2-26.3 "IDEA"
Sec. 26.3. "IDEA" refers to the Indiana data enhancement association established by
IC 3-7-38.2-5.5.
As added by P.L.141-2020, SEC.1.

IC 3-5-2-26.4 "Inhabitant"
Sec. 26.4. "Inhabitant", for purposes of:
(1) Article 4, Section 7 of the Constitution of the State of Indiana; and
(2) Article 6, Section 4 of the Constitution of the State of Indiana;
means a person who resides at a location, as determined under IC 3-5-5.
As added by P.L.258-2013, SEC.3.

IC 3-5-2-26.5 Repealed
As added by P.L.10-1988, SEC.2. 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

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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 "Law enforcement officer"

Sec. 26.8. "Law enforcement officer" means a:
(1) police officer;
(2) sheriff;
(3) constable;
(4) marshal; or
(5) deputy of any of those persons.
As added by P.L.12-1995, SEC.4. Amended by P.L.114-2012, SEC.4; P.L.209-2021, SEC.2.

IC 3-5-2-26.9 "Lawful detention"

Sec. 26.9. "Lawful detention" has the meaning set forth in IC 35-31.5-2-186.
As added by P.L.209-2021, SEC.3.

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.
[1986 Recodification Citation: New.]
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.
[Pre-1986 Recodification Citation: 3-4-1-19 part.]
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.
[Pre-1986 Recodification Citation: 3-4-1-13 part.]
As added by P.L.5-1986, SEC.1.

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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.
[Pre-1986 Recodification Citation: 3-1-3-2 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-31 "Marking device"

Sec. 31. (a) "Marking device" means:
(1) a pencil or pen for marking a paper ballot or ballot card; or
(2) an approved device that automatically:
(A) registers the voter's vote on an electronic voting system; or
(B) produces a marked optical scan ballot indicating the choices of the voter.
(b) A voter verifiable paper audit trail is not a marking device.
[Pre-1986 Recodification Citation: 3-2-4-2(g).]
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; P.L.13-2014, SEC.1; P.L.71-2019, SEC.4; P.L.109-2021, SEC.2.

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 3-5-2-31.7 "Modification"
Sec. 31.7. "Modification", for a certified voting system, refers to a change:
(1) in the software or firmware of the voting system; or
(2) to the hardware of the voting system that:
(A) materially alters the system's reliability, functionality, capacity, or operation; or
(B) has a reasonable and identifiable potential to affect the voting system's operation
and compliance with the applicable voting system standards.
As added by P.L.76-2014, SEC.2.

IC 3-5-2-32 "Municipality"
Sec. 32. "Municipality" means a city or town.
[Pre-1986 Recodification Citation: 3-1-1-2 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-32.5 Repealed
As added by P.L.3-1997, SEC.10. 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).

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 (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.
[1986 Recodification Citation: New.]
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 (52 U.S.C.
20501 through 52 U.S.C. 20511).
As added by P.L.12-1995, SEC.5. Amended by P.L.128-2015, SEC.2.

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 with a marking device; 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. The
term includes a voting system that consists of features of both a ballot card voting system and
an electronic voting system.
As added by P.L.239-2001, SEC.3. Amended by P.L.13-2014, SEC.2; P.L.71-2019, SEC.5.

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.
[Pre-1986 Recodification Citation: 3-4-1-15 part.]
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;

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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 Repealed
[Pre-1986 Recodification Citation: 3-1-23-2 part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.7. Repealed by
P.L.194-2013, SEC.1.

IC 3-5-2-36 "Person"
Sec. 36. "Person" means an individual or an organization.
[Pre-1986 Recodification Citation: 3-4-1-15 part.]
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.
[Pre-1986 Recodification Citations: 3-4-1-14 part; 3-4-1-16(a), (b) part; 3-4-1-17.5 part; 3-4-1-20 part.]
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.
[1986 Recodification Citation: New.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-39 "Polls"

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 Sec. 39. "Polls" means the room in a structure where the voters of a precinct vote by
casting ballots on election day.
[Pre-1986 Recodification Citation: 3-1-1-2 part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.9; P.L.169-2015, SEC.2.

IC 3-5-2-40 "Precinct"
Sec. 40. "Precinct" means a subdivision of a county or township established for election
purposes.
[Pre-1986 Recodification Citations: 3-1-1-2 part; 3-1-8-1 part.]
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 3-5-2-40.3 "Presidential elector"

Sec. 40.3. (a) "Presidential elector" refers to an elector for President and Vice President
of the United States as provided in Article 2, Section 1, clause 2 of the Constitution of the
United States and Section 3 of the Fourteenth Amendment to the Constitution of the United
States.
(b) The term includes an alternate presidential elector elected as provided in IC 3-10-4,
unless the text or the context of the statute provides otherwise.
As added by P.L.201-2017, SEC.1.

IC 3-5-2-40.5 "Proof of identification"

Sec. 40.5. (a) Except as provided in subsection (b), "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.
(b) Notwithstanding subsection (a)(3), a document issued by the United States
Department of Defense, the United States Department of Veterans Affairs (or its predecessor,
the Veterans Administration), a branch of the uniformed services, the Merchant Marine, the
Indiana National Guard, or a Native American Indian tribe or band recognized by the United
States government that:
(1) otherwise complies with the requirements of subsection (a); and
(2) has no expiration date or states that the document has an indefinite expiration date;
is sufficient proof of identification for purposes of this title.
As added by P.L.109-2005, SEC.1. Amended by P.L.118-2011, SEC.1; P.L.76-2014, SEC.3;
P.L.209-2021, SEC.4.

IC 3-5-2-40.6 "Provisional ballot"

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 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.
[Pre-1986 Recodification Citation: 3-1-1-2 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-41.5 Repealed
As added by P.L.239-2001, SEC.4. Repealed by P.L.221-2005, SEC.145.

IC 3-5-2-41.6 Repealed
As added by P.L.239-2001, SEC.5. 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.
[Pre-1986 Recodification Citations: 3-4-1-14 part; 3-4-1-17 part; 3-4-1-17.5 part; 3-4-1-20 part.]
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
[Pre-1986 Recodification Citation: 3-1-1-2 part.]
As added by P.L.5-1986, SEC.1. 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.
[Pre-1986 Recodification Citation: 3-4-8-1 part.]
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.

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 [Pre-1986 Recodification Citation: 3-4-8-1 part.]
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.
[Pre-1986 Recodification Citation: 3-4-8-1 part.]
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.
[1986 Recodification Citation: New.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-47.5 "Signing the poll list"

Sec. 47.5. "Signing the poll list" means:
(1) a voter writing the voter's name on the certified list of registered voters for the
precinct prepared in accordance with IC 3-7-29-1; or
(2) a voter writing the voter's name on an electronic poll book using an electronic
signature pad, tablet, or other signature capturing device at a polling place, office of the
circuit court clerk (under IC 3-11-10-26), or satellite office (as established under
IC 3-11-10-26.3) where the use of an electronic poll book is authorized in accordance
with IC 3-7-29-6.
As added by P.L.271-2013, SEC.1. Amended by P.L.258-2013, SEC.4; P.L.64-2014, SEC.3.

IC 3-5-2-48 "State office"

Sec. 48. "State office" refers to the governor, lieutenant governor, secretary of state,
auditor of state, treasurer of state, attorney general, justice of the supreme court, judge of the
court of appeals, and judge of the tax court.
[Pre-1986 Recodification Citation: 3-4-1-19 part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.14-2004, SEC.3; P.L.219-2017, SEC.1;
P.L.8-2019, SEC.1; P.L.43-2021, SEC.4.

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 (52 U.S.C. 20971).
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; P.L.128-2015, SEC.3.

IC 3-5-2-49 "Town"
Sec. 49. "Town" refers to an incorporated town of any population. The term does not
include cities.
[Pre-1986 Recodification Citation: 3-1-1-2 part.]
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 any of the following:
(1) The Army.
(2) The Navy.
(3) The Air Force.

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 (4) The Marine Corps.
(5) The Coast Guard.
(6) The Space Force.
(7) The commissioned corps of the Public Health Service.
(8) The commissioned corps of the National Oceanic and Atmospheric Administration.
As added by P.L.3-1997, SEC.15. Amended by P.L.227-2023, SEC.3.

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 3-5-2-49.7 "Unknown or insufficient address"

Sec. 49.7. "Unknown or insufficient address" refers to an address on a mailing returned
by the United States Postal Service with one (1) or more of substantially the following
statements made on the mailing by the United States Postal Service or a person residing at
the address to which the mailing was sent:
(1) Attempted-Not Known.
(2) Box Closed.
(3) Deceased.
(4) Forwarding time expired.
(5) Insufficient Address.
(6) Left No Address.
(7) Moved.
(8) No such number.
(9) No such office in state.
(10) No such street.
(11) Not deliverable as addressed.
(12) Refused.
(13) Returned for better address.
(14) Returned to sender.
(15) Unable to forward.
(16) Unclaimed.
(17) Undeliverable as addressed.
(18) Vacant.
As added by P.L.64-2014, SEC.4.

IC 3-5-2-49.8 "Vote center"

Sec. 49.8. "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.
As added by P.L.1-2011, SEC.1.

IC 3-5-2-49.9 Expired
As added by P.L.164-2006, SEC.1. Amended by P.L.108-2008, SEC.1. Expired 12-31-2010
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.
[Pre-1986 Recodification Citations: 3-1-1-2 part; 3-1-7-28 part.]
As added by P.L.5-1986, SEC.1.

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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 52 U.S.C. 20107.
As added by P.L.4-1991, SEC.3. Amended by P.L.128-2015, SEC.4.

IC 3-5-2-50.3 "Voter with print disabilities"

Sec. 50.3. "Voter with print disabilities" means an individual who is unable to
independently mark a paper ballot or ballot card due to blindness, low vision, or a physical
disability that impairs manual dexterity.
As added by P.L.109-2021, 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
As added by P.L.4-1991, SEC.4. Repealed by P.L.221-2005, SEC.145.

IC 3-5-2-51 "Voting mark"

Sec. 51. "Voting mark" means any of the following:
(1) A cross mark or check mark (X or U) on a hand-counted paper ballot.
(2) A shaded-in circle, oval, or square, or a connected arrow on an optical scan ballot
card.
(3) A highlighted area on a direct record electronic voting system.
As added by P.L.6-1986, SEC.4. Amended by P.L.194-2013, SEC.2.

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 52 U.S.C. 21081:
(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;

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 (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;
P.L.128-2015, SEC.5.

IC 3-5-2-53.2 "VSTOP"
Sec. 53.2. "VSTOP" refers to the voting system technical oversight program established
by IC 3-11-16-2.
As added by P.L.71-2019, SEC.6.

IC 3-5-2-53.5 "Web content guidelines"

Sec. 53.5. "Web Content Guidelines" refers to version 2.1 of the recommendations for
making web content accessible for individuals with disabilities published on June 5, 2018,
by the Web Accessibility Initiative of the World Wide Web Consortium.
As added by P.L.109-2021, SEC.4.

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.

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IC 3-5-3 Chapter 3. Local Government Election Expenses

3-5-3-1 Payment of expenses by county and municipality; appropriations; receipt and

expenditure of private funds for election expenses prohibited
3-5-3-2 County election and registration fund; tax levy
3-5-3-3 Payment of election and registration expenses from fund
3-5-3-4 Monitoring of fund by county executive; ordinance authorizing transfer
between funds
3-5-3-5 Counties without election and registration fund; payment of expenses from
general fund
3-5-3-6 Repealed
3-5-3-7 Municipal elections conducted by county election board; expenses
3-5-3-8 Apportionment of municipal election expenses
3-5-3-9 Apportionment among municipalities
3-5-3-10 Itemization of expenses
3-5-3-11 Assessment of town for cost of election
3-5-3-12 Special election; payment of costs

IC 3-5-3-1 Payment of expenses by county and municipality;

appropriations; receipt and expenditure of private funds for
election expenses prohibited
Sec. 1. (a) Except as provided in sections 7 through 10 of this chapter, the county auditor
shall pay the expenses of voter registration and for all election supplies, equipment, and
expenses out of the county treasury in the manner provided by law. The county fiscal body
shall make the necessary appropriations for these purposes.
(b) The county executive shall pay to the circuit court clerk or board of registration the
expenses of:
(1) removing voters from the registration record under IC 3-7-43, IC 3-7-45, or
IC 3-7-46; and
(2) performing voter list maintenance programs under IC 3-7;
out of the county treasury without appropriation.
(c) Registration expenses incurred by a circuit court clerk or board of registration for:
(1) the salaries of members of a board of registration appointed under IC 3-7-12-9;
(2) the salaries of chief clerks appointed under IC 3-7-12-17; and
(3) the salaries of assistants employed under IC 3-7-12-19;
may not be charged to a municipality. However, the municipality may be charged for wages
of extra persons employed to provide additional assistance reasonably related to the
municipal election.
(d) A political subdivision that conducts or administers an election may not:
(1) accept private money donations; or
(2) receive or expend funds received;
from a person for preparing, administering, or conducting elections or employing individuals
on a temporary basis for the purpose of preparing, administering, or conducting elections,
including registering voters. This subsection does not prohibit a political subdivision from
receiving or expending funds from the state or from the federal government to prepare for,
administer, or conduct an election.
[Pre-1986 Recodification Citations: 3-1-4-5(d) part; 3-1-7-5(a); 3-1-5-16 part; 3-1-14-13; 3-1-23-14;
3-1-31-4; 3-2-7-4(a) part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.9-1987, SEC.1; P.L.15-1993, SEC.1;
P.L.12-1995, SEC.8; P.L.4-1996, SEC.2; P.L.109-2021, SEC.5; P.L.87-2022, SEC.1.

IC 3-5-3-2 County election and registration fund; tax levy

Sec. 2. The legislative body of a county may establish a county election and registration
fund for the purpose of paying for all the expenses specified in section 1 of this chapter. The
legislative body may annually levy a tax on all taxable property in the county, in the manner

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that other taxes are levied, sufficient to meet the average annual expenses specified in section
1 of this chapter. The county shall deposit the revenues from this tax into the fund.
[Pre-1986 Recodification Citation: 3-2-5-1 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-3-3 Payment of election and registration expenses from fund

Sec. 3. After a county election and registration fund has been established, the county shall
budget and pay for all the expenses specified in section 1 of this chapter from the fund. The
county may not use the money in the fund for any other purpose. Whenever a municipality
reimburses the county for expenses under this chapter, the county shall deposit the money
received from the municipality into the fund.
[Pre-1986 Recodification Citation: 3-2-5-1 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-3-4 Monitoring of fund by county executive; ordinance authorizing

transfer between funds
Sec. 4. After a county election and registration fund has been established, the county
executive shall monitor the fund to determine if it contains sufficient money to meet the
obligations of the fund. Whenever the executive finds that there is not sufficient money in the
fund, the executive may request that the county fiscal body adopt an ordinance authorizing
a transfer between funds. If the ordinance is adopted, the executive shall order the county
auditor to transfer the amount specified in the ordinance from the general fund of the county
to the election and registration fund.
[Pre-1986 Recodification Citation: 3-2-5-2.]
As added by P.L.5-1986, SEC.1.

IC 3-5-3-5 Counties without election and registration fund; payment of

expenses from general fund
Sec. 5. In a county that does not have an election and registration fund established under
this chapter, the county shall budget and pay for all the expenses specified in section 1 of this
chapter from the general fund of the county.
[Pre-1986 Recodification Citations: 3-1-9-14; 3-2-5-3.]
As added by P.L.5-1986, SEC.1.

IC 3-5-3-6 Repealed
[Pre-1986 Recodification Citations: 3-1-7-5(b); 3-2-7.6-16(b).]
As added by P.L.5-1986, SEC.1. Repealed by P.L.9-1987, SEC.7.

IC 3-5-3-7 Municipal elections conducted by county election board;

expenses
Sec. 7. All expenses for a municipal primary election or municipal election that is
conducted by a county election board shall be allowed by the county executive and shall be
paid out of the general fund of the county, without any appropriation being required. The
county auditor shall certify the amount of that allowance to the fiscal officer of the
municipality not later than thirty (30) days after the municipal primary or municipal election.
The fiscal body of the municipality shall make the necessary appropriation to reimburse the
county for the expense of the primary election or election not later than December 31 of the
year in which the municipal election is conducted.
[Pre-1986 Recodification Citation: 3-2-7-4(a) part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.14-2004, SEC.4.

IC 3-5-3-8 Apportionment of municipal election expenses

Sec. 8. (a) Except as provided in subsection (b), during the period that begins ninety (90)

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days before a municipal primary election and continues until the day after the following
municipal election, all expenses of the primary election and election that cannot be
chargeable directly to any municipality shall be apportioned as follows:
(1) Twenty-five percent (25%) to the county.
(2) Seventy-five percent (75%) to the municipalities in the county holding the
municipal primary election and municipal election.
(b) The apportionment made under subsection (a) does not apply to a town that has
entered into an agreement with the county under IC 3-10-7-4 to pay the county a fixed
amount for the expenses described in subsection (a).
(c) This subsection applies to a county that is designated as a vote center county under
IC 3-11-18.1. During the period that begins ninety (90) days before a municipal primary
election and continues until the day after the following municipal election, all expenses
incurred by the county in conducting the municipal primary election and municipal election
shall be apportioned among the municipalities in the county holding a municipal primary and
municipal election.
[Pre-1986 Recodification Citation: 3-2-7-4(a) part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.9-1987, SEC.2; P.L.14-2004, SEC.5;
P.L.74-2017, SEC.2.

IC 3-5-3-9 Apportionment among municipalities

Sec. 9. (a) Except as provided in subsections (c) and (d), whenever more than one (1)
municipality in a county conducts a municipal primary election, the seventy-five percent
(75%) of expenses that cannot be chargeable directly to any particular municipality under
section 8 of this chapter shall be apportioned to each municipality in the same ratio that the
number of voters who cast a ballot in the municipality at the municipal primary election bears
to the total number of voters who cast a ballot in all of the municipalities in the county at that
municipal primary election.
(b) Except as provided in subsections (c) and (d), whenever more than one (1)
municipality in a county conducts a municipal election, the seventy-five percent (75%) of
expenses that are not chargeable directly to any particular municipality under section 8 of this
chapter must be apportioned to each municipality in the same ratio that the number of voters
who cast a ballot in the municipality at the municipal election bears to the total number of
voters who cast a ballot in all of the municipalities in the county that conducted a municipal
election.
(c) The apportionment made under subsection (a) does not apply to a town that has
entered into an agreement with the county under IC 3-10-7-4 to pay the county a fixed
amount for the expenses described in subsection (a).
(d) This subsection:
(1) applies to a county designated as a vote center county under IC 3-11-18.1; and
(2) does not apply to a town that has entered into an agreement with the county under
IC 3-10-7-4 to pay the county a fixed amount for its municipal primary election and
municipal election expenses.
All expenses incurred by the county in conducting the municipal primary election and
municipal election shall be apportioned to each municipality in the same ratio that the
number of voters who cast a ballot in the municipality at the municipal primary election or
the municipal election bears to the total number of voters who cast a ballot in all of the
municipalities in the county at that municipal primary election or municipal election.
[Pre-1986 Recodification Citation: 3-2-7-4(a) part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.9-1987, SEC.3; P.L.10-1988, SEC.3;
P.L.14-2004, SEC.6; P.L.74-2017, SEC.3.

IC 3-5-3-10 Itemization of expenses

Sec. 10. The county election board shall, on a form prescribed under IC 3-6-4.1-14,

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itemize all the expenses of any election for which a municipality is required to reimburse the
county.
[Pre-1986 Recodification Citation: 3-2-7-4(b).]
As added by P.L.5-1986, SEC.1. Amended by P.L.14-2004, SEC.7.

IC 3-5-3-11 Assessment of town for cost of election

Sec. 11. Notwithstanding section 7 of this chapter, in a year in which a town election
coincides with a general election, the county election board may not assess the town for the
cost of the election.
[Pre-1986 Recodification Citation: 3-2-7-4(c).]
As added by P.L.5-1986, SEC.1.

IC 3-5-3-12 Special election; payment of costs

Sec. 12. (a) This section applies to a special election that is conducted:
(1) on the same date as another election; and
(2) in precincts in which the other election is not conducted on that date.
(b) This section does not apply to a special election conducted in a county at the same
time as:
(1) a primary election conducted in a general election year; or
(2) a general election.
(c) If a statute requires that a political subdivision pay all costs of conducting a special
election, then the political subdivision is required to pay only the costs incurred for
conducting the special election in the precincts in which the other election is not conducted
on that date. The cost incurred by the political subdivision shall be determined based on the
ratio that the number of voters who cast a ballot in the precincts in which the other election
is not conducted bears to the total number of voters who cast a ballot in all elections
conducted within the county on that date.
As added by P.L.74-2017, SEC.4.

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IC 3-5-4 Chapter 4. Miscellaneous Provisions

3-5-4-1 Time for filing

3-5-4-1.2 Election division or secretary of state filing delivered to county or local
election official is void
3-5-4-1.3 Statement to candidate after filing candidacy document; contents of statement;
entry of information into the statewide voter registration system
3-5-4-1.5 Time for commencement of legal actions
3-5-4-1.7 Filings by fax or electronic mail; electronic, digital, digitized, or photocopied
signatures
3-5-4-1.9 Receiving filing after deadline; exceptions
3-5-4-2 Repealed
3-5-4-3 Repealed
3-5-4-4 Immunity from arrest while at or going to and from polls
3-5-4-5 Repealed
3-5-4-6 Repealed
3-5-4-7 References to federal statutes or regulations
3-5-4-8 Approval and use of forms; exceptions
3-5-4-9 Authentication of ballots by circuit court clerk
3-5-4-10 Ownership of ballots, poll lists, and other documents or materials generated or
used by a convention or caucus
3-5-4-11 Expired
3-5-4-12 Agreements to use a threat, intelligence, and enterprise security company
designated by the secretary of state; expiration of section

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.
[Pre-1986 Recodification Citation: 3-1-1-2.5.]
As added by P.L.5-1986, SEC.1.

IC 3-5-4-1.2 Election division or secretary of state filing delivered to county

or local election official is void
Sec. 1.2. (a) Whenever this title requires that a document declaring or certifying the
candidacy of a person be filed with the election division or the secretary of state as a
condition for the filing to be effective:
(1) a county election board;
(2) a circuit court clerk;
(3) a county voter registration office;
(4) a board of elections and registration; or
(5) a town election board;
may not accept the filing on behalf of the election division or the secretary of state.
(b) A county election board, circuit court clerk, county voter registration office, board of
elections and registration, or town election board that accepts a document that is required to
be filed with the election division or the secretary of state as a condition for the filing to be
effective:
(1) may not act as an agent of the election division or the secretary of state; and
(2) is not required to transmit the filing to the election division or the secretary of state.
(c) If a board, office, or clerk referred to in subsection (a)(1) through (a)(5) accepts a
document that is required to be filed with the election division or the secretary of state as a
condition for the filing to be effective, the following apply:
(1) The filing is void.
(2) The name of a candidate set forth in the filing may not appear on the ballot, unless
the document is filed with the election division or the secretary of state in the manner
required by this title.

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As added by P.L.124-2012, SEC.1.

IC 3-5-4-1.3 Statement to candidate after filing candidacy document;

contents of statement; entry of information into the statewide
voter registration system
Sec. 1.3. (a) Not later than the close of one (1) business day after a person files a
declaration of candidacy, a request for placement on the presidential primary ballot, a
certificate of nomination by a convention, a certificate of nomination by petition, a
certification of candidate selection to fill a ballot vacancy, or a declaration of intent to be a
write-in candidate in the office of the election division or circuit court clerk, the election
division or circuit court clerk shall send a statement to the candidate by:
(1) hand delivery;
(2) first class United States mail; or
(3) electronic mail, if an electronic mail address has been provided by the person;
to the mailing address or electronic mail address set forth in the document filed with the
office.
(b) The statement must set forth the following:
(1) That the candidate has filed the document described in subsection (a).
(2) The name of the candidate.
(3) The office for which the individual is a candidate.
(4) The date on which the document was filed.
(5) That acceptance of the document for filing does not prevent the filing from being
challenged in the manner set forth in this title.
(c) The circuit court clerk shall enter:
(1) the name and other information provided by each candidate for an elected office or
a political party office who files a document described in subsection (a) with the county
election board; and
(2) the text of a public question certified to the county election board under IC 3-10-9;
into the election management module of the statewide voter registration system not later than
the deadline for estimating the number of ballots required to be printed under IC 3-11-4-10.
As added by P.L.278-2019, SEC.2. Amended by P.L.193-2021, SEC.4.

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:
(1) the secretary of state or the election division; or
(2) a circuit court clerk or a political subdivision.
(b) Notwithstanding IC 4-1-2-2, if the final day or time for performing the action falls on
a day or time 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; P.L.169-2015, SEC.3;
P.L.74-2017, SEC.5.

IC 3-5-4-1.7 Filings by fax or electronic mail; electronic, digital, digitized,

or photocopied signatures
Sec. 1.7. (a) Except as otherwise expressly authorized or required under this title, a filing
by a person with a commission, the election division, an election board, or a county voter
registration office may not be made by fax or electronic mail.
(b) A petition of nomination filed with a county voter registration office under IC 3-8-2,
IC 3-8-2.5, IC 3-8-3, or IC 3-8-6 or a petition to place a public question on the ballot, or any

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other petition filed that requires the county voter registration office to certify the validity of
signatures, may not contain the electronic signature, including a signature described in
IC 26-2-8-106, digital signature, digitized signature, or photocopied signature of a voter.
(c) An electronic signature, digital signature, digitized signature, or photocopied signature
of a candidate, campaign finance committee chairman, or campaign finance committee
treasurer may be used for campaign finance statements and reports filed under IC 3-9.
As added by P.L.230-2005, SEC.1. Amended by P.L.219-2013, SEC.2; P.L.74-2017, SEC.6;
P.L.257-2019, SEC.1; P.L.227-2023, SEC.4.

IC 3-5-4-1.9 Receiving filing after deadline; exceptions

Sec. 1.9. (a) This section does not apply to a delinquent campaign finance filing received
under IC 3-9.
(b) This section does not apply to an application for voter registration received while
registration is closed under IC 3-7.
(c) 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. Amended by P.L.225-2011, SEC.4.

IC 3-5-4-2 Repealed
[Pre-1986 Recodification Citation: 3-1-21-7 part.]
As added by P.L.5-1986, SEC.1. Repealed by P.L.3-1987, SEC.570.

IC 3-5-4-3 Repealed
[Pre-1986 Recodification Citation: 3-1-21-7 part.]
As added by P.L.5-1986, SEC.1. 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.
[Pre-1986 Recodification Citation: 3-1-21-5.]
As added by P.L.5-1986, SEC.1.

IC 3-5-4-5 Repealed
[Pre-1986 Recodification Citation: 3-1-11-12.]
As added by P.L.5-1986, SEC.1. Repealed by P.L.3-1993, SEC.282.

IC 3-5-4-6 Repealed
As added by P.L.3-1987, SEC.12. Repealed by P.L.225-2011, SEC.93.

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, 2023.
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; P.L.225-2011, SEC.5;
P.L.128-2015, SEC.6; P.L.141-2023, SEC.1.

IC 3-5-4-8 Approval and use of forms; exceptions

Sec. 8. (a) This section does not apply to a form incorporated only into the statewide voter

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registration system under IC 3-7-26.3-3 by the secretary of state, with the consent of the
codirectors of the election division.
(b) Except as provided in subsection (f), but notwithstanding any other statute, whenever
the election division acts under IC 3-6-4.2-12 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 election division to comply with this
title after the effective date of the election division's order approving the form.
(c) Except as provided in subsection (e) or (g), 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 election division 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 election division 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.
(d) 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.
(e) The election division shall specify the effective date of the form or revised form and
may do any of the following:
(1) Delay the effective date of the approval of a form or revised form.
(2) Permit an earlier approved version of the form or an alternative form to be used
before the effective date of the form.
(3) Provide for a retroactive effective date for the approval of the form.
(f) The election division 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
federal law or this title; and
(2) election division determines that the existing stock of the form should be exhausted
to prevent waste and unnecessary expense.
(g) This subsection applies to a form that the election division determines is used
primarily by the election division. The election division 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.
(h) A form approved by the commission under this section before July 1, 2015, is
considered to be approved by the election division without any further action by the election
division being required.
As added by P.L.3-1997, SEC.17. Amended by P.L.38-1999, SEC.2; P.L.126-2002, SEC.10;
P.L.194-2013, SEC.3; P.L.169-2015, SEC.4; P.L.227-2023, SEC.5.

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. This section does not apply if the only
office for which the individual is a candidate is a political party 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

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individual is a candidate for an office.
(d) The circuit court clerk shall substitute a uniform device or symbol prescribed by the
election division for the circuit court clerk's printed name or signature to authenticate a ballot.
(e) A device or symbol approved by the commission under this section before January 1,
2021, is considered to be approved by the election division without any further action by the
election division being required.
As added by P.L.263-2003, SEC.1. Amended by P.L.230-2005, SEC.3; P.L.109-2021,
SEC.6; P.L.227-2023, SEC.6.

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 3-5-4-11 Expired
As added by P.L.179-2011, SEC.1. Amended by P.L.219-2013, SEC.3. Expired 7-1-2016 by
P.L.219-2013, SEC.3.

IC 3-5-4-12 Agreements to use a threat, intelligence, and enterprise

security company designated by the secretary of state;
expiration of section
Sec. 12. (a) This section applies only if the costs to a county to enter into an agreement
required by this section can be paid from money:
(1) received from the federal government and permitted to be spent for this purpose;
or
(2) appropriated by the general assembly for this purpose.
(b) Each county shall enter into an agreement with the secretary of state to use a threat
intelligence and enterprise security company designated by the secretary of state to provide
hardware, software, and services to:
(1) investigate cybersecurity attacks;
(2) protect against malicious software; and
(3) analyze information technology security risks.
(c) The agreement to provide services to a county under this section:
(1) has no effect on any threat intelligence and enterprise security service provided to
the county by any other agreement with a provider or by any county employee or
contractor; and
(2) must be designed to complement any existing service agreement or service used by
the county;
when the county enters into the agreement.
(d) This section expires January 1, 2028.
As added by P.L.135-2020, SEC.1. Amended by P.L.193-2021, SEC.5; P.L.115-2022, SEC.1.

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IC 3-5-4.5 Chapter 4.5. Standards for Challenges to Voters

3-5-4.5-1 Application of chapter

3-5-4.5-2 Challenge; residency at educational institution
3-5-4.5-3 Challenge; party affiliation, support or opposition to candidate or question
3-5-4.5-4 Violations; removal of officer; void credentials
3-5-4.5-5 Referral of violation to prosecuting attorney

IC 3-5-4.5-1 Application of chapter

Sec. 1. This chapter applies to a challenge to a voter made by a precinct election officer,
a watcher, a challenger, or a pollbook holder under this title.
As added by P.L.164-2006, SEC.4.

IC 3-5-4.5-2 Challenge; residency at educational institution

Sec. 2. A person may not challenge the right of an individual to vote at an election in the
precinct solely on the basis of the individual's:
(1) enrollment in an educational institution; or
(2) registration to vote at an address that is housing provided for students by the
educational institution.
As added by P.L.164-2006, SEC.4.

IC 3-5-4.5-3 Challenge; party affiliation, support or opposition to candidate

or question
Sec. 3. Except as permitted in a primary election under IC 3-10-1, a person may not
challenge the right of an individual to vote at an election in the precinct solely on the basis
of the individual's:
(1) actual or perceived affiliation with a political party; or
(2) support or opposition to a candidate or the adoption of a public question.
As added by P.L.164-2006, SEC.4.

IC 3-5-4.5-4 Violations; removal of officer; void credentials

Sec. 4. If a county election board determines that a person has violated a provision of this
chapter, the board may remove a precinct election officer from office or void the credentials
of a watcher, challenger, or pollbook holder.
As added by P.L.164-2006, SEC.4.

IC 3-5-4.5-5 Referral of violation to prosecuting attorney

Sec. 5. If a county election board determines that a person has knowingly violated a
provision of this chapter, the county election board may refer the matter to the prosecuting
attorney as a violation of IC 3-14-3-4 (obstruction of a voter).
As added by P.L.164-2006, SEC.4.

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IC 3-5-5 Chapter 5. Standards for Determining Residency

3-5-5-0.2 Amendments to definitions and chapter by certain amendments enacted in

2013 do not affect rights or liabilities, penalties incurred, violations
committed, or proceedings begun before July 1, 2013
3-5-5-0.3 Effect of amendments made by 2015 session of the general assembly
3-5-5-0.5 "Immediate family"
3-5-5-1 Purpose of chapter
3-5-5-2 Methods of establishing residency
3-5-5-3 Residence in more than one precinct; no residence both within and outside
Indiana
3-5-5-4 Abandonment of residence
3-5-5-5 Absence due to state or federal business
3-5-5-6 Presumption of residence specified by individual under penalties for perjury;
rebuttable presumptions
3-5-5-7 Temporary residency; residency of students attending postsecondary
educational institution
3-5-5-8 Physical presence outside Indiana with intent to make new residence outside
Indiana
3-5-5-9 Physical presence outside Indiana with intent to remain indefinitely outside
Indiana
3-5-5-10 Physical presence in another Indiana precinct
3-5-5-11 Location of immediate family as residence
3-5-5-12 Living away from family while conducting business
3-5-5-13 Living away from family with intent to remain away; conduct to carry out
intent
3-5-5-14 Establishment of voting residence separate from spouse; intent; conduct to
carry out intent
3-5-5-15 Unmarried person; place where person usually sleeps; intent; conduct to carry
out intent
3-5-5-16 Residents of veterans home
3-5-5-17 Persons committed to mental health institutions
3-5-5-18 Nontraditional residence

IC 3-5-5-0.2 Amendments to definitions and chapter by certain amendments

enacted in 2013 do not affect rights or liabilities, penalties
incurred, violations committed, or proceedings begun before
July 1, 2013
Sec. 0.2. Notwithstanding any other law, the additions and amendments to IC 3-5-2 or this
chapter made by SEA 519-2013 do not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before July 1, 2013. Those rights, liabilities, penalties, offenses, and proceedings continue
and shall be imposed and enforced under prior law as if SEA 519-2013 had not been enacted.
As added by P.L.258-2013, SEC.5.

IC 3-5-5-0.3 Effect of amendments made by 2015 session of the general

assembly
Sec. 0.3. Notwithstanding any other law, the additions and amendments to IC 3-5-2 or this
chapter made by legislation enacted in the 2015 regular session of the general assembly do
not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;

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before July 1, 2015. Those rights, liabilities, penalties, offenses, and proceedings continue
and shall be imposed and enforced under prior law as if the legislation had not been enacted.
As added by P.L.169-2015, SEC.5.

IC 3-5-5-0.5 "Immediate family"

Sec. 0.5. For purposes of this chapter, an individual's "immediate family" includes the
spouse, children, stepchildren, parents, or grandparents of the individual.
As added by P.L.258-2013, SEC.6.

IC 3-5-5-1 Purpose of chapter

Sec. 1. This chapter shall be used to determine the residency of the following:
(1) A voter or a person applying to become a voter.
(2) A candidate.
(3) A person holding an elected office.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-2 Methods of establishing residency

Sec. 2. A person's residence may be established by:
(1) origin or birth;
(2) intent and conduct taken to implement the intent; or
(3) operation of law.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-3 Residence in more than one precinct; no residence both within

and outside Indiana
Sec. 3. (a) A person does not have residence in more than one (1) precinct within Indiana.
(b) For purposes of this chapter, a person does not have residence both within Indiana and
outside Indiana.
As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.7.

IC 3-5-5-4 Abandonment of residence

Sec. 4. A person who has a residence in a precinct retains residency in that precinct until
the person abandons the residence by:
(1) having the intent to abandon the residence;
(2) having the intent to establish a new residence; and
(3) acting as provided in this intent by establishing a residence in a new precinct.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-5 Absence due to state or federal business

Sec. 5. As provided in Article 2, Section 4 of the Constitution of the State of Indiana, a
person does not lose residence in a precinct in Indiana by reason of the person's absence on
the business of:
(1) the state of Indiana; or
(2) the United States.
As added by P.L.12-1995, SEC.10. Amended by P.L.3-1995, SEC.10; P.L.258-2013, SEC.8.

IC 3-5-5-6 Presumption of residence specified by individual under

penalties for perjury; rebuttable presumptions
Sec. 6. (a) Sections 7 through 17 of this chapter establish presumptions regarding the
residency of a person in a precinct. A person can rebut these presumptions by demonstrating
intent to reside in another precinct and conduct taken to implement that intent.
(b) An individual who makes a statement regarding the residence of the individual, under
the penalties for perjury, is presumed to reside at the location specified by the individual, as

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of the date of making the statement.
As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.9.

IC 3-5-5-7 Temporary residency; residency of students attending

postsecondary educational institution
Sec. 7. (a) Subject to section 6 of this chapter, a person does not gain residency in a
precinct in which the person is physically present for:
(1) temporary employment;
(2) educational purposes, except as provided in subsection (b);
(3) preparing to purchase or occupy a residence; or
(4) other purposes;
without the intent of making a permanent home in the precinct.
(b) The following apply to a student attending a postsecondary educational institution in
Indiana:
(1) A student who applies to register to vote shall state the student's residence address.
(2) A student has only one (1) residence for purposes of this title.
(3) A student may state the student's residence as either of the following, but not both:
(A) The address where the student lives when the student attends the postsecondary
educational institution where the student pursues the student's education.
(B) The address where the student lives when the student is not attending the
postsecondary educational institution where the student pursues the student's
education.
As added by P.L.12-1995, SEC.10. Amended by P.L.3-1997, SEC.18; P.L.164-2006, SEC.5;
P.L.258-2013, SEC.10; P.L.169-2015, SEC.6.

IC 3-5-5-8 Physical presence outside Indiana with intent to make new

residence outside Indiana
Sec. 8. Subject to section 6 of this chapter, if a person is physically present within another
state with the intention of making that state the person's residence, the person loses residency
in Indiana.
As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.11.

IC 3-5-5-9 Physical presence outside Indiana with intent to remain

indefinitely outside Indiana
Sec. 9. Subject to section 6 of this chapter, if a person is physically present within another
state with the intention of remaining in the other state for an indefinite time as a place of
residence, the person loses residency in Indiana, even if the person intends to return at some
time.
As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.12.

IC 3-5-5-10 Physical presence in another Indiana precinct

Sec. 10. Subject to section 6 of this chapter, if a person is physically present within
another precinct in Indiana with the intention of making that precinct the person's residence,
the person loses residency in the precinct that the person left.
As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.13.

IC 3-5-5-11 Location of immediate family as residence

Sec. 11. The place where a person's immediate family resides is the person's residence,
unless the family's residence is:
(1) a temporary location for the person's immediate family; or
(2) for transient purposes.
As added by P.L.12-1995, SEC.10.

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IC 3-5-5-12 Living away from family while conducting business
Sec. 12. Except as provided in section 13 of this chapter, if:
(1) a person's immediate family resides in one (1) place; and
(2) the person does business in another place;
the residence of the immediate family is the person's residence.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-13 Living away from family with intent to remain away; conduct
to carry out intent
Sec. 13. Subject to section 6 of this chapter, if a person:
(1) is living at a place other than the residence of the person's immediate family; and
(2) has the intention of remaining at that place and engages in conduct to carry out that
intent;
the place where the person lives is the person's residence.
As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.14.

IC 3-5-5-14 Establishment of voting residence separate from spouse;

intent; conduct to carry out intent
Sec. 14. Subject to section 6 of this chapter, a married person who does not live in a
household with the person's spouse may establish a separate residence from the residence of
the person's spouse by intending to do so and engaging in conduct to carry out that intent.
As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.15.

IC 3-5-5-15 Unmarried person; place where person usually sleeps; intent;

conduct to carry out intent
Sec. 15. Subject to section 6 of this chapter, the residence of a person who:
(1) is unmarried; and
(2) does not have an immediate family;
is where the person usually sleeps if that is the intent of the person, and the person engages
in conduct to carry out that intent.
As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.16.

IC 3-5-5-16 Residents of veterans home

Sec. 16. A person who resides in a veterans home is a resident of the precinct in which
the home is located.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-17 Persons committed to mental health institutions

Sec. 17. (a) This section applies to an individual who is:
(1) adjudged mentally ill; and
(2) committed to an institution for individuals with a mental illness.
(b) An individual described in subsection (a) has only one (1) residence for purposes of
this title.
(c) An individual described in subsection (a) may state the individual's residence as either
of the following, but not both:
(1) The address of the institution where the individual has been committed.
(2) The address where the individual lives when the individual is not committed to an
institution.
As added by P.L.12-1995, SEC.10. Amended by P.L.99-2007, SEC.4; P.L.3-2018, SEC.1.

IC 3-5-5-18 Nontraditional residence

Sec. 18. Notwithstanding IC 3-5-2-42.5, an individual with a nontraditional residence
whose residence is within a precinct, but is not fixed or permanent, resides in that precinct.

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As added by P.L.12-1995, SEC.10.

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IC 3-5-6 Chapter 6. Standards for Certifying Documents Signed by
Registered Voters

3-5-6-1 Applicability of chapter

3-5-6-2 Resolution of reasonable doubt in favor of registered voter
3-5-6-3 Variations from name in county records
3-5-6-4 Minor variations in addresses
3-5-6-5 Substantial variations in addresses
3-5-6-6 Substantial conformity of signatures required

IC 3-5-6-1 Applicability of chapter

Sec. 1. This chapter must be used to determine whether a registered voter has signed a
document required or permitted to be certified by a county voter registration office.
As added by P.L.3-1997, SEC.19.

IC 3-5-6-2 Resolution of reasonable doubt in favor of registered voter

Sec. 2. In a case where:
(1) the county voter registration office is uncertain whether a signature has been affixed
by a registered voter; and
(2) this chapter does not establish a standard to be applied in that case;
a reasonable doubt must be resolved in favor of the registered voter, and the signature must
be certified as valid.
As added by P.L.3-1997, SEC.19.

IC 3-5-6-3 Variations from name in county records

Sec. 3. Whenever the name of an individual, as printed or signed, contains a minor
variation from the name of a registered voter as set forth in the records of the county voter
registration office, the signature must be certified as valid.
As added by P.L.3-1997, SEC.19.

IC 3-5-6-4 Minor variations in addresses

Sec. 4. Whenever the residence address or mailing address of an individual contains a
minor variation from the residence address or mailing address of a registered voter, the
signature must be certified as valid.
As added by P.L.3-1997, SEC.19.

IC 3-5-6-5 Substantial variations in addresses

Sec. 5. Notwithstanding sections 3 and 4 of this chapter, if the residence address or
mailing address of an individual contains a substantial variation from the residence address
or mailing address of a registered voter as set forth in the records of the county voter
registration office, the signature is invalid and may not be certified.
As added by P.L.3-1997, SEC.19.

IC 3-5-6-6 Substantial conformity of signatures required

Sec. 6. (a) Whenever the signature of an individual does not substantially conform with
the signature of the registered voter with the name and address in the records of the county
voter registration office, the signature is invalid and may not be certified.
(b) In determining whether a signature substantially conforms with a voter's signature in
the records of the county voter registration office, the office must certify the signature if the
office determines that lack of conformity may reasonably be attributed to the age, disability,
or impairment of the voter.
As added by P.L.3-1997, SEC.19. Amended by P.L.38-1999, SEC.3.

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IC 3-5-7 Chapter 7. Candidate Designations on the Ballot

3-5-7-1 Applicability of chapter

3-5-7-2 "Designation" defined
3-5-7-3 "Name" defined
3-5-7-4 Candidate's legal name
3-5-7-5 Designations used on ballot
3-5-7-5.5 Use of universally recognized pronunciation symbols in candidate names;
exceptions
3-5-7-6 Candidacy documents
3-5-7-6.5 Candidacy document design; separate fields for each separate candidate name
designation
3-5-7-7 Complaints filed against candidates

IC 3-5-7-1 Applicability of chapter

Sec. 1. This chapter does not apply to the following:
(1) A candidate for precinct committeeman.
(2) A candidate for delegate to a political party convention.
As added by P.L.202-1999, SEC.1.

IC 3-5-7-2 "Designation" defined

Sec. 2. As used in this chapter, "designation" refers to a name, a nickname, an initial, an
abbreviation, or a number used to identify an individual.
As added by P.L.202-1999, SEC.1.

IC 3-5-7-3 "Name" defined

Sec. 3. As used in this chapter, "name" refers to any of the following:
(1) An individual's given name.
(2) An individual's surname.
(3) An individual's middle name.
As added by P.L.202-1999, SEC.1.

IC 3-5-7-4 Candidate's legal name

Sec. 4. (a) For purposes of placement of a candidate's name on the ballot, a candidate's
legal name is determined under this section.
(b) Except as provided in subsection (c), a candidate's legal name is considered to be the
name shown on the candidate's birth certificate.
(c) If a candidate:
(1) uses a name after marriage as described in subsection (d); or
(2) takes a name through a judicial proceeding that is different from the name shown
on the candidate's birth certificate;
the most recent name used after marriage or taken in the judicial proceeding is considered
to be the candidate's legal name.
(d) A name a candidate uses after marriage is considered the candidate's legal name if the
name satisfies any of the following:
(1) The name is the name appearing on the candidate's birth certificate.
(2) The name is the name used by the candidate as an applicant for the marriage
license.
(3) The name is any combination of the names the candidate and the candidate's spouse
used as applicants for their marriage license.
As added by P.L.202-1999, SEC.1.

IC 3-5-7-5 Designations used on ballot

Sec. 5. (a) A candidate may use on the ballot any combination of designations permitted

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by this section.
(b) A candidate may not use on the ballot a designation other than a designation permitted
by this section.
(c) Subject to subsections (d) and (e), a candidate may use designations on the ballot as
follows:
(1) The first designation that a candidate uses on the ballot may be one (1) of the
following:
(A) The candidate's legal given name.
(B) The initial of the candidate's legal given name.
(C) The candidate's legal middle name.
(D) The initial of the candidate's legal middle name.
(E) The candidate's nickname.
(2) After the designation used under subdivision (1), a candidate may use any of the
following designations if not used under subdivision (1):
(A) The candidate's legal middle name.
(B) The initial of the candidate's legal middle name.
(C) The candidate's nickname.
(D) The candidate's legal surname.
(3) After a designation used under subdivision (2), a candidate may use the following
if not used under subdivision (1) or (2):
(A) The candidate's nickname.
(B) The candidate's legal surname.
(4) After a designation used under subdivision (3), a candidate may use the candidate's
legal surname on the ballot if not used under subdivision (2) or (3).
(5) After a candidate's legal surname, a candidate may use any of the following
designations:
(A) Sr.
(B) Jr.
(C) A numerical designation such as "II" or "III".
(d) A candidate may use a nickname on the ballot only if the nickname satisfies the
following:
(1) The nickname is a name by which the candidate is commonly known.
(2) The nickname does not exceed twenty (20) characters.
(3) The nickname complies with subsection (e).
(4) Unless the candidate uses the nickname as the first designation under subsection
(c)(1), notwithstanding any other method of designation used by a candidate or in a
document declaring or consenting to the individual's candidacy, any nickname
permitted under this section must be set forth on the ballot within parentheses.
(e) A candidate may not use a:
(1) title or degree as a designation; or
(2) designation that implies a title or degree.
As added by P.L.202-1999, SEC.1. Amended by P.L.278-2019, SEC.3.

IC 3-5-7-5.5 Use of universally recognized pronunciation symbols in

candidate names; exceptions
Sec. 5.5. (a) This section does not apply to any of the following:
(1) A voter verifiable paper audit trail.
(2) The return printed by the automatic tabulating machine under IC 3-12-3-2.
(3) The paper vote total printouts from the electronic voting system under
IC 3-12-3.5-2.
(4) The name of a candidate printed on a ballot card by a marking device.
(b) The requirements of this section apply only to a voting system initially certified for
marketing and use in Indiana elections after January 1, 2022.

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 (c) If a candidate's legal name designated under this chapter includes a universally
recognized pronunciation symbol, including an accent, hyphen, tilde, or umlaut, a:
(1) ballot;
(2) voting system screen;
(3) voting system activation card;
(4) voting system file; and
(5) voting system results report;
must display the symbol as part of the candidate's name.
As added by P.L.193-2021, SEC.6.

IC 3-5-7-6 Candidacy documents

Sec. 6. (a) This section does not apply to any of the following:
(1) A candidate in a presidential primary election under IC 3-8-3.
(2) A candidate for President of the United States.
(3) A candidate for Vice President of the United States.
(b) Whenever a candidate files a candidacy document on which the candidate uses a name
that is different from the name set forth on the candidate's voter registration record, the
candidate's signature on the candidacy document constitutes a request to the county voter
registration office that the name on the candidate's voter registration record be the same as
the name the candidate uses on the candidacy document.
(c) A request by a candidate under this section is considered filed with the county voter
registration office when the candidacy document is filed with the election division or the
county election board.
(d) The election division or the county election board shall forward a request filed under
this section to the county voter registration office not later than seven (7) days after receiving
the request.
As added by P.L.202-1999, SEC.1. Amended by P.L.98-2004, SEC.25; P.L.227-2023, SEC.7.

IC 3-5-7-6.5 Candidacy document design; separate fields for each separate

candidate name designation
Sec. 6.5. (a) As used in this section, "candidate" includes a nominee.
(b) The election division shall design all candidacy documents so that the form of the
document enables the candidate to insert in a separate field of the document each of the
separate designations that a candidate is permitted to use under this chapter.
As added by P.L.227-2023, SEC.8.

IC 3-5-7-7 Complaints filed against candidates

Sec. 7. (a) A registered voter of the election district a candidate seeks to represent may
file a sworn statement with the election division or a county election board under IC 3-8-1-2
if a candidate uses on the ballot a designation not permitted by section 5 of this chapter.
(b) A complaint filed under this section must contain the following information:
(1) The legal name of the candidate who has used a designation not permitted by
section 5 of this chapter.
(2) The designation the candidate has used that is not permitted under section 5 of this
chapter.
(c) If the commission or county election board finds that the candidate used a designation
not permitted by section 5 of this chapter, the candidate is considered to have withdrawn the
candidate's candidacy.
As added by P.L.202-1999, SEC.1. Amended by P.L.14-2004, SEC.8.

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IC 3-5-8 Chapter 8. The Voter's Bill of Rights

3-5-8-1 Election division to prescribe statement of voter's bill of rights

3-5-8-2 Content of statement of bill of rights
3-5-8-2.5 Absentee voter's bill of rights
3-5-8-3 Posting of voter's bill of rights; distribution of voter's bill of rights with
election information
3-5-8-4 Posting voter's bill of rights on the Internet
3-5-8-5 Publication of voter's bill of rights in news media

IC 3-5-8-1 Election division to prescribe statement of voter's bill of rights

Sec. 1. The election division shall prescribe a statement of the rights of a voter in Indiana
that shall be known as "the voter's bill of rights".
As added by P.L.126-2002, SEC.11. Amended by P.L.194-2013, SEC.4.

IC 3-5-8-2 Content of statement of bill of rights

Sec. 2. The statement required by section 1 of this chapter must contain the following:
(1) A statement of the qualifications that an individual must meet to vote in Indiana,
including qualifications relating to registration.
(2) A statement describing the circumstances that permit a voter who has moved from
the precinct where the voter is registered to return to that precinct to vote.
(3) A statement that an individual who meets the qualifications and circumstances listed
in subdivisions (1) and (2) may vote in the election.
(4) A statement describing how a voter who is challenged at the polls may be permitted
to vote.
(5) The date of the election and the hours during which the polls will be open, as
required by 52 U.S.C. 21082.
(6) Instructions on how to vote, including how to cast a vote and how to cast a
provisional ballot, as required by 52 U.S.C. 21082.
(7) Instructions for mail-in registrants and first time voters under IC 3-7-33-4.5 and 52
U.S.C. 21083, as required under 52 U.S.C. 21082.
(8) General information on voting rights under applicable federal and state laws,
including the right of an individual to cast a provisional ballot and instructions on how
to contact the appropriate officials if these rights are alleged to have been violated, as
required under 52 U.S.C. 21082.
(9) General information on federal and state laws regarding prohibitions on acts of
fraud and misrepresentation, as required under 52 U.S.C. 21082.
(10) A statement informing the voter what assistance is available to assist the voter at
the polls.
(11) A statement informing the voter what circumstances will spoil the voter's ballot
and the procedures available for the voter to request a new ballot.
(12) A statement describing which voters will be permitted to vote at the closing of the
polls.
(13) Other information that the commission considers important for a voter to know.
As added by P.L.126-2002, SEC.11. Amended by P.L.209-2003, SEC.5; P.L.230-2005,
SEC.4; P.L.128-2015, SEC.7.

IC 3-5-8-2.5 Absentee voter's bill of rights

Sec. 2.5. (a) The election division shall prescribe a statement known as the "Absentee
Voter's Bill of Rights".
(b) The Absentee Voter's Bill of Rights must be in a form prescribed by the election
division and include the following:
(1) A statement summarizing the rights and responsibilities of the voter when casting
and returning the absentee ballot.

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 (2) A summary of Indiana and federal laws concerning providing assistance to the
voter, completion of the ballot in secret, intimidation of voters, and the return of the
absentee ballot to the county election board.
(3) Information concerning how to report violations of the absentee ballot and election
laws.
As added by P.L.103-2005, SEC.1. Amended by P.L.169-2015, SEC.7.

IC 3-5-8-3 Posting of voter's bill of rights; distribution of voter's bill of

rights with election information
Sec. 3. (a) As required by 52 U.S.C. 21083, the precinct election board shall post the
voter's bill of rights in a public place in each polling place on election day.
(b) The commission may require a copy of the voter's bill of rights to be distributed with
voter registration materials or other materials that are given to voters.
As added by P.L.126-2002, SEC.11. Amended by P.L.209-2003, SEC.6; P.L.230-2005,
SEC.5; P.L.128-2015, SEC.8.

IC 3-5-8-4 Posting voter's bill of rights on the Internet

Sec. 4. The secretary of state or other state agency posting election information on the
state's Internet site shall include the voter's bill of rights on the site.
As added by P.L.126-2002, SEC.11.

IC 3-5-8-5 Publication of voter's bill of rights in news media

Sec. 5. Not later than twenty-nine (29) days before a primary, general, or municipal
election, the secretary of state shall request Indiana news media to include a copy of the
voter's bill of rights as part of election coverage or in public service announcements.
As added by P.L.126-2002, SEC.11. Amended by P.L.278-2019, SEC.4.

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IC 3-5-9 Chapter 9. Government Employees and Volunteer Firefighters
Holding Office

3-5-9-1 "Elected office"

3-5-9-2 "Government employee"
3-5-9-3 "Unit"
3-5-9-4 Firefighters
3-5-9-5 Government employee may not hold elected office
3-5-9-6 Matters unaffected by chapter
3-5-9-7 Government employees who hold elected office on January 1, 2013

IC 3-5-9-1 "Elected office"

Sec. 1. As used in this chapter, "elected office" refers only to the following:
(1) The executive or a member of the executive body of a unit.
(2) A member of the legislative body or fiscal body of a unit.
As added by P.L.135-2012, SEC.1.

IC 3-5-9-2 "Government employee"

Sec. 2. As used in this chapter, "government employee" refers to an employee of a unit.
The term does not include an individual who holds only an elected office.
As added by P.L.135-2012, SEC.1.

IC 3-5-9-3 "Unit"
Sec. 3. As used in this chapter, "unit" means a county, city, town, or township.
As added by P.L.135-2012, SEC.1.

IC 3-5-9-4 Firefighters
Sec. 4. An individual who is an employee of a unit, serving as a full-time, paid firefighter
in a department that provides fire protection services to more than one (1) unit, excluding fire
protection services provided under mutual aid agreements, may not assume or hold an elected
office of any unit that receives fire protection services from the department.
As added by P.L.135-2012, SEC.1. Amended by P.L.184-2015, SEC.1.

IC 3-5-9-5 Government employee may not hold elected office

Sec. 5. Except as provided in section 7 of this chapter, an individual is considered to have
resigned as:
(1) a government employee when the individual assumes an elected office of the unit
that employs the individual; or
(2) an elected official of the unit when the individual becomes a government employee
of the unit.
As added by P.L.135-2012, SEC.1. Amended by P.L.227-2023, SEC.9.

IC 3-5-9-6 Matters unaffected by chapter

Sec. 6. This chapter does not prohibit:
(1) a government employee from assuming or holding an elected office of a unit other
than the unit that employs the government employee;
(2) a full-time, paid firefighter from assuming or holding an elected office of a unit
other than a unit that receives fire protection services from the department in which the
firefighter serves; or
(3) an individual who assumes or holds an elected office from also being appointed to
and serving on a board, commission, or committee of the unit.
As added by P.L.135-2012, SEC.1. Amended by P.L.184-2015, SEC.2.

IC 3-5-9-7 Government employees who hold elected office on January 1,

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 2013
Sec. 7. (a) Notwithstanding sections 4 and 5 of this chapter, a government employee who
assumes or holds an elected office on January 1, 2013, may continue to hold the elected
office and be employed as a government employee until the term of the elected office that
the government employee is serving on January 1, 2013, expires.
(b) After the expiration of the term of the elected office that the government employee
referred to in subsection (a) is serving on January 1, 2013, the government employee is
subject to section 5 of this chapter with respect to assuming or holding an elected office and
being employed by the unit that employs the government employee.
As added by P.L.135-2012, SEC.1. Amended by P.L.184-2015, SEC.3.

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IC 3-5-10 Chapter 10. Drawing Election Districts for Local and School
Board Offices

3-5-10-1 Application of chapter

3-5-10-2 Applicable definitions
3-5-10-3 "Applicable statute"
3-5-10-4 "Census event"
3-5-10-5 "Plan"
3-5-10-6 "Redistricting authority"
3-5-10-7 Times permitted for redistricting
3-5-10-8 Redistricting not required; certification
3-5-10-9 District boundary description prevails over conflicting map
3-5-10-10 Failure to include territory; rule of assignment
3-5-10-11 Inclusion of territory in more than one district; rule of assignment

IC 3-5-10-1 Application of chapter

Sec. 1. (a) This chapter applies when a redistricting authority redraws election districts
required by law.
(b) In addition to the provisions of this chapter, the provisions of the applicable statute
apply to redistricting.
As added by P.L.169-2022, SEC.2.

IC 3-5-10-2 Applicable definitions

Sec. 2. The definitions in IC 1-1-3.5 apply throughout this chapter.
As added by P.L.169-2022, SEC.2.

IC 3-5-10-3 "Applicable statute"

Sec. 3. As used in this chapter, "applicable statute" refers to the statute under which a
redistricting authority is required to establish election districts.
As added by P.L.169-2022, SEC.2.

IC 3-5-10-4 "Census event"

Sec. 4. As used in this chapter, "census event" refers to any of the following:
(1) A federal decennial census.
(2) A federal special census.
(3) A special tabulation.
(4) A corrected population count.
As added by P.L.169-2022, SEC.2.

IC 3-5-10-5 "Plan"
Sec. 5. (a) As used in this chapter, "plan" refers to the description of the districts that a
redistricting authority is required to establish.
(b) The term includes the maps and written descriptions of the maps that define all the
districts that a plan is required to have under the applicable law.
As added by P.L.169-2022, SEC.2.

IC 3-5-10-6 "Redistricting authority"

Sec. 6. As used in this chapter, "redistricting authority" refers to the body or other
authority that is required to redraw election districts for local or school board offices.
As added by P.L.169-2022, SEC.2.

IC 3-5-10-7 Times permitted for redistricting

Sec. 7. (a) Subject to section 8 of this chapter, a redistricting authority shall redistrict
election districts at the following times:

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 (1) If the census event is a federal decennial census, the following:
(A) For a county executive or county fiscal body, only during the first year after the
federal decennial census is conducted.
(B) For a school corporation, only during the first year after the federal decennial
census is conducted.
(C) For a municipality that conducts its municipal elections in an odd-numbered year,
only during the second year after the federal decennial census is conducted.
(D) For a municipality that conducts its municipal elections in:
(i) an even-numbered year; or
(ii) both an even-numbered year and an odd-numbered year;
only during the first year after the federal decennial census is conducted.
(E) For the legislative body of a township in a county having a consolidated city,
only during the first year after the federal decennial census is conducted.
(2) For a census event other than a federal decennial census, only during the first year
after the year the census event becomes effective with respect to the political
subdivision, as provided in IC 1-1-3.5-3.
(3) Whenever a county adopts an order declaring a county boundary to be changed
under IC 36-2-1-2 that affects the boundaries of the political subdivision.
(4) Whenever required to assign annexed territory to a district, subject to the provisions
of IC 36-4-3.
(5) Whenever the boundary of the political subdivision is changed.
(6) As provided in the order of a court that has found the current redistricting plan
unconstitutional or otherwise unlawful.
(b) A redistricting authority may not redistrict at a time other than is provided in
subsection (a).
As added by P.L.169-2022, SEC.2. Amended by P.L.11-2023, SEC.1; P.L.227-2023, SEC.10.

IC 3-5-10-8 Redistricting not required; certification

Sec. 8. A redistricting authority is not required to redistrict if the applicable statute
provides that the redistricting authority may certify that the existing districts continue to
satisfy all the requirements of the applicable statute and other applicable law.
As added by P.L.169-2022, SEC.2.

IC 3-5-10-9 District boundary description prevails over conflicting map

Sec. 9. If a conflict exists between:
(1) a map showing the boundaries of a district; and
(2) a description of the boundaries of that district set forth in the plan;
the district boundaries are the description of the boundaries set forth in the plan, not the
boundaries shown on the map, but only to the extent there is a conflict between the
description and the map.
As added by P.L.169-2022, SEC.2.

IC 3-5-10-10 Failure to include territory; rule of assignment

Sec. 10. If any territory in the political subdivision is not included in one (1) of the
districts, the territory is included in the district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that territory.
As added by P.L.169-2022, SEC.2.

IC 3-5-10-11 Inclusion of territory in more than one district; rule of

assignment
Sec. 11. If any territory in the political subdivision is included in more than one (1) of the
districts, the territory is included in the district that:

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 (1) is one (1) of the districts in which the territory is described in the ordinance or
resolution that establishes the plan;
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that territory.
As added by P.L.169-2022, SEC.2.

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IC 3-6 ARTICLE 6. POLITICAL PARTY AND ELECTION
OFFICERS

Ch. 1. State Committees

Ch. 2. Precinct Committeemen
Ch. 3. Political Party Name Change
Ch. 3.7. The Secretary of State
Ch. 4. Repealed
Ch. 4.1. Indiana Election Commission
Ch. 4.2. Election Division
Ch. 4.5. Administrative Complaint Procedure Concerning Uniform and
Nondiscriminatory Election Technology and Administrative Requirements
Under Title III of HAVA
Ch. 4.9. Administrative Enforcement of Election Law
Ch. 5. County Election Boards
Ch. 5.1. County Procedures for Resolving Administrative Complaints Concerning
Uniform and Nondiscriminatory Election Technology and Administrative
Requirements Under Title III of HAVA
Ch. 5.2. Combined County Election Board and Board of Registration
Ch. 5.4. Tippecanoe County Board of Elections and Registration
Ch. 5.6. Porter County Board of Elections and Registration
Ch. 5.9. Appointment of Members of County Election Boards and Boards of Elections
and Registration
Ch. 6. Precinct Election Officers
Ch. 6.5. Certified Election Worker Program
Ch. 7. Challengers and Pollbook Holders
Ch. 8. Watchers for Political Parties and Independent Candidates
Ch. 9. Watchers for Primary, School Board, and Precinct Committeemen Candidates
Ch. 10. Watchers for the Media
Ch. 11. Poll Takers
Ch. 12. Carriers of Petitions for Candidates and Public Questions

IC 3-6-1 Chapter 1. State Committees

3-6-1-1 Repealed
3-6-1-2 Repealed
3-6-1-3 Repealed
3-6-1-4 Repealed
3-6-1-5 Repealed
3-6-1-6 Repealed
3-6-1-7 Repealed
3-6-1-8 Repealed
3-6-1-9 Repealed
3-6-1-10 Repealed
3-6-1-11 Repealed
3-6-1-11.5 Repealed
3-6-1-12 State committee; adoption of rules or resolutions
3-6-1-13 State committee; powers
3-6-1-14 Actions to enforce rules or resolutions
3-6-1-15 Political party positions not considered to be holding office

IC 3-6-1-1 Repealed
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.10-1987, SEC.1; P.L.10-1988, SEC.4.
Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-2 Repealed
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.4-1996, SEC.108.

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IC 3-6-1-3 Repealed
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-4 Repealed
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-5 Repealed
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.11-1987, SEC.1. Repealed by P.L.4-1996,
SEC.108.

IC 3-6-1-6 Repealed
[Pre-1986 Recodification Citation: 3-1-2-2 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-7 Repealed
[Pre-1986 Recodification Citation: 3-1-2-2 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-8 Repealed
[Pre-1986 Recodification Citation: 3-1-2-2 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-9 Repealed
[Pre-1986 Recodification Citation: 3-1-2-2 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.13. Repealed by P.L.4-1996,
SEC.108.

IC 3-6-1-10 Repealed
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-11 Repealed
[Pre-1986 Recodification Citation: 3-1-2-3 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.10-1987, SEC.2; P.L.3-1987, SEC.14;
P.L.10-1988, SEC.5; P.L.5-1989, SEC.3. Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-11.5 Repealed
As added by P.L.10-1987, SEC.3. Amended by P.L.5-1989, SEC.4; P.L.16-1993, SEC.2.
Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-12 State committee; adoption of rules or resolutions

Sec. 12. Unless otherwise provided in the political party's rules, the state committee of
each political party is the highest party authority and may adopt rules or resolutions for:
(1) the organization of the congressional district committees and city committees,
including uniformly fixing the time that each committee is to be organized; and
(2) the government of all central committees.
[Pre-1986 Recodification Citations: 3-1-2-1 part; 3-1-2-3 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.4-1996, SEC.4.

IC 3-6-1-13 State committee; powers

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 Sec. 13. Unless otherwise provided in the political party's rules, the state committee of
each political party may:
(1) adopt rules and resolutions to provide for all matters of internal party government;
(2) remove a member or officer of a regular party committee, after reasonable notice
and hearing, for refusing to obey or conform to a rule or resolution adopted by the state
committee; and
(3) maintain civil actions, in the committee's own name, to enforce obedience to its
rules or resolutions.
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.4-1996, SEC.5; P.L.3-1997, SEC.20.

IC 3-6-1-14 Actions to enforce rules or resolutions

Sec. 14. An action brought under section 13 of this chapter:
(1) must be commenced, prosecuted, and tried in the circuit or superior court of the
county where the defendant resides;
(2) shall be tried by the court without a jury;
(3) has precedence over all other cases pending in the court, except murder trials; and
(4) may not be venued from the county.
Process shall be served and proceedings conducted as in other civil actions, except that
process shall be returned three (3) days from the date of service. An appeal from the
judgment entered in any case may be taken by either party.
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-1-15 Political party positions not considered to be holding office

Sec. 15. Notwithstanding any other statute, an individual serving in any of the following
political party offices is not considered to be holding an office for purposes of Article 15 of
the Constitution of the State of Indiana:
(1) Precinct committeeman.
(2) Precinct vice committeeman.
(3) State convention delegate.
(4) Chair or other officer of a central committee.
(5) Any other political party office (as defined in IC 3-5-2-17).
As added by P.L.38-1999, SEC.4.

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IC 3-6-2 Chapter 2. Precinct Committeemen

3-6-2-1 Political parties entitled to precinct committee members

3-6-2-2 Repealed
3-6-2-3 Repealed
3-6-2-4 Repealed
3-6-2-5 Repealed
3-6-2-6 Repealed
3-6-2-7 Repealed
3-6-2-8 Repealed
3-6-2-9 Repealed
3-6-2-10.5 Duty to furnish names and addresses of precinct committeemen and vice
committeemen

IC 3-6-2-1 Political parties entitled to precinct committee members

Sec. 1. Each political party whose nominee received at least ten percent (10%) of the
votes cast in the state for secretary of state at the last election for that office may have
precinct committeemen elected at the same time as a primary election in accordance with
IC 3-10-1-4.5 or IC 3-10-1-4.6 if provided by the rules of the political party.
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.4-1996, SEC.6; P.L.124-2012, SEC.2.

IC 3-6-2-2 Repealed
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.4-1996, SEC.108.

IC 3-6-2-3 Repealed
[Pre-1986 Recodification Citation: 3-1-9-4 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.15; P.L.5-1989, SEC.5;
P.L.9-1989, SEC.1; P.L.1-1990, SEC.5; P.L.16-1993, SEC.1. Repealed by P.L.4-1996,
SEC.108.

IC 3-6-2-4 Repealed
[Pre-1986 Recodification Citation: 3-1-9-4 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.10-1988, SEC.6. Repealed by P.L.5-1989,
SEC.120.

IC 3-6-2-5 Repealed
[Pre-1986 Recodification Citation: 3-1-9-4 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.4-1996, SEC.108.

IC 3-6-2-6 Repealed
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.16. Repealed by P.L.4-1996,
SEC.108.

IC 3-6-2-7 Repealed
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.17. Repealed by P.L.4-1996,
SEC.108.

IC 3-6-2-8 Repealed
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.18. Repealed by P.L.4-1996,

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SEC.108.

IC 3-6-2-9 Repealed
As added by P.L.3-1987, SEC.19. Repealed by P.L.4-1996, SEC.108.

IC 3-6-2-10.5 Duty to furnish names and addresses of precinct committeemen

and vice committeemen
Sec. 10.5. The county chairman of a major political party shall, upon the request of a
person who is serving in an elected office (as defined in IC 3-5-2-17), provide to that person
the name and address of the precinct committeeman and vice committeeman of that party for
each precinct in the county.
As added by P.L.205-2013, SEC.53. Amended by P.L.278-2019, SEC.5.

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IC 3-6-3 Chapter 3. Political Party Name Change

3-6-3-1 Right to change name

3-6-3-2 Repealed
3-6-3-3 Repealed
3-6-3-4 Repealed
3-6-3-5 Repealed
3-6-3-6 Use of new name; rights; effect on ballots already printed

IC 3-6-3-1 Right to change name

Sec. 1. Any political party may change its name by complying with this chapter.
[Pre-1986 Recodification Citation: 3-1-2-4 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-3-2 Repealed
[Pre-1986 Recodification Citation: 3-1-2-4 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.3-1993, SEC.282.

IC 3-6-3-3 Repealed
[Pre-1986 Recodification Citation: 3-1-2-4 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.3-1993, SEC.282.

IC 3-6-3-4 Repealed
[Pre-1986 Recodification Citation: 3-1-2-4 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.3-1993, SEC.282.

IC 3-6-3-5 Repealed
[Pre-1986 Recodification Citation: 3-1-2-4 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.20; P.L.10-1988, SEC.7.
Repealed by P.L.3-1993, SEC.282.

IC 3-6-3-6 Use of new name; rights; effect on ballots already printed

Sec. 6. (a) After the state chairman of a political party files a statement with the election
division certifying that the party's name has been changed in accordance with all applicable
party rules, a political party shall be known by the political party's new name, and the party
has all the rights it had under its former name.
(b) If the state chairman of a political party files a statement under subsection (a) after the
printing of ballots for use at an election conducted under this title has begun, the election
board responsible for printing the ballots is not required to alter the ballots to state the new
name of the political party.
[Pre-1986 Recodification Citation: 3-1-2-4 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.6; P.L.3-1997, SEC.21;
P.L.225-2011, SEC.6.

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IC 3-6-3.7 Chapter 3.7. The Secretary of State

3-6-3.7-1 Secretary of state as state's chief election official; exception

3-6-3.7-2 Election duties of secretary of state; consent of co-directors required
3-6-3.7-3 Programs to encourage students to assist election administration
3-6-3.7-4 Voter education outreach fund; purpose; administration; administrative
expenses; investment of money in fund
3-6-3.7-5 Securing and monitoring facilities storing voting systems and electronic poll
books; reimbursement of costs
3-6-3.7-6 Determination of criminal violation of election law; assistance provided to
prosecuting attorney

IC 3-6-3.7-1 Secretary of state as state's chief election official; exception

Sec. 1. Except as provided by IC 3-7-11-1, the secretary of state is the state's chief
election official.
As added by P.L.209-2003, SEC.7.

IC 3-6-3.7-2 Election duties of secretary of state; consent of co-directors

required
Sec. 2. In addition to performing the duties related to elections specified in this title, the
secretary of state, with the consent of the co-directors of the election division shall do the
following:
(1) Work with the federal Election Assistance Commission to encourage students
enrolled at postsecondary educational institutions (including community colleges) to
assist state and local governments in the administration of elections by serving as
nonpartisan poll workers or assistants.
(2) Consult with the federal Election Assistance Commission in the development of
materials, seminars, and advertising targeted at students to implement the Help America
Vote College Program conducted by the Election Assistance Commission under 52
U.S.C. 21121.
(3) Consult with the Help America Vote Foundation established under 36 U.S.C.
152601 in developing programs to encourage secondary school students (including
students educated in the home) to participate in the election process in a nonpartisan
manner as poll workers or assistants to local election officials in precinct polling
places.
(4) Consult and coordinate with (and provide administrative support to) the co-directors
of the election division in the development and implementation of the state plan under
HAVA (52 U.S.C. 21001 through 52 U.S.C. 21006).
(5) Perform all duties required to be performed by the state or the chief state election
official under HAVA.
As added by P.L.209-2003, SEC.7. Amended by P.L.2-2007, SEC.7; P.L.128-2015, SEC.9.

IC 3-6-3.7-3 Programs to encourage students to assist election

administration
Sec. 3. The secretary of state may develop programs to encourage Indiana secondary
school students and students in postsecondary educational institutions in Indiana to assist
state and local governments in the administration of elections.
As added by P.L.209-2003, SEC.7. Amended by P.L.2-2007, SEC.8.

IC 3-6-3.7-4 Voter education outreach fund; purpose; administration;

administrative expenses; investment of money in fund
Sec. 4. (a) The voter education outreach fund is established for the purpose of receiving,
holding, and disbursing funds for education and outreach to citizens concerning voter rights
and responsibilities, including voter identification requirements.

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 (b) The fund shall be administered by the secretary of state.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet
the obligations of the fund in the same manner as other public money may be invested.
As added by P.L.258-2013, SEC.17.

IC 3-6-3.7-5 Securing and monitoring facilities storing voting systems and

electronic poll books; reimbursement of costs
Sec. 5. (a) A county election board may apply for payments to reimburse the county for
expenditures made to secure and monitor facilities where voting systems and electronic poll
books are stored.
(b) If the county election board submits an application under subsection (a), the
application must be filed with the secretary of state in a form prescribed by the election
division.
(c) The secretary of state, with the consent of the election division, may approve an
application filed under this section and reimburse the county for all or part of the
expenditures documented in the application.
As added by P.L.100-2018, SEC.1.

IC 3-6-3.7-6 Determination of criminal violation of election law; assistance

provided to prosecuting attorney
Sec. 6. (a) If, upon investigation, the secretary of state determines that a criminal violation
of this title may have occurred, the secretary of state and the co-directors of the election
division shall refer the facts drawn from the investigation to the prosecuting attorney of the
judicial circuit in which the crime may have been committed.
(b) The secretary of state and election division may assist the prosecuting attorney in
prosecuting an action under this section, which may include an attorney employed or retained
by the secretary of state or the election division serving as a special deputy prosecutor
appointed by the prosecuting attorney.
As added by P.L.157-2019, SEC.1. Amended by P.L.141-2020, SEC.2.

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IC 3-6-4 Chapter 4. Repealed
[Pre-1986 Recodification Citations:
3-6-4-1 formerly 3-1-3-1
3-6-4-2 formerly 3-1-3-2 part
3-6-4-3 formerly 3-1-3-2 part
3-6-4-4 formerly 3-1-3-2 part
3-6-4-5 formerly 3-1-3-2 part
3-6-4-6 formerly 3-1-3-2.5
3-6-4-7 formerly 3-1-3-8
3-6-4-8 formerly 3-1-3-3 part
3-6-4-9 formerly 3-1-3-3 part
3-6-4-10 formerly 3-1-3-3 part
3-6-4-11 formerly 3-1-3-3 part
3-6-4-12 formerly 3-1-3-4(a), (b) part, (c), (d), (e); 3-1-7-31; 3-4-5-14
3-6-4-13 formerly 3-1-3-4(f)
3-6-4-14 formerly 3-1-3-4(b) part
3-6-4-15 formerly 3-2-1-1; 3-2-1-2 part
3-6-4-16 formerly 3-2-1-2 part
3-6-4-17 formerly 3-1-3-5 part
3-6-4-18 formerly 3-1-3-5 part
3-6-4-19 formerly 3-1-3-5 part
3-6-4-20 formerly 3-1-3-5 part
3-6-4-21 formerly 3-1-3-5 part
3-6-4-22 formerly 3-1-3-5 part
3-6-4-23 formerly 3-1-3-5 part
3-6-4-24 formerly 3-1-3-5 part
3-6-4-25 formerly 3-1-3-5 part
3-6-4-26 formerly 3-1-3-7 part; 3-4-5-16 part
3-6-4-27 formerly 3-1-3-7 part
3-6-4-28 formerly 3-1-3-7 part; 3-4-5-15
3-6-4-29 formerly 3-4-5-18 part
3-6-4-30 formerly 3-4-5-18 part
3-6-4-31 formerly 3-1-3-6.]
Repealed by P.L.8-1995, SEC.72.

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IC 3-6-4.1 Chapter 4.1. Indiana Election Commission

3-6-4.1-1 Establishment
3-6-4.1-2 Membership
3-6-4.1-3 Term of office
3-6-4.1-4 Nominations and appointments for succeeding term
3-6-4.1-5 Vacancies
3-6-4.1-6 Chair and vice chair of commission
3-6-4.1-7 Quorum
3-6-4.1-8 Designation of proxy
3-6-4.1-9 Meetings
3-6-4.1-10 Failure of chair to call meeting
3-6-4.1-11 Compensation and expenses
3-6-4.1-12 Failure of commission to meet and discharge duties
3-6-4.1-13 Minutes of meetings
3-6-4.1-14 Powers and duties
3-6-4.1-15 Repealed
3-6-4.1-16 Emergency rules
3-6-4.1-17 Extension of time
3-6-4.1-18 Repealed
3-6-4.1-19 Subpoena power
3-6-4.1-20 Administration of oath
3-6-4.1-21 Actions of commission upon determination of violation
3-6-4.1-22 Civil action
3-6-4.1-23 Assistance by police in enforcement of election laws
3-6-4.1-24 Campaign finance enforcement account
3-6-4.1-25 Power to hold hearings and issue advisory opinions

IC 3-6-4.1-1 Establishment
Sec. 1. The Indiana election commission is established.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-2 Membership
Sec. 2. (a) The commission consists of four (4) individuals appointed by the governor.
(b) Each member of the commission must be a registered voter.
(c) Each member of the commission must be a member of a major political party of the
state. Not more than two (2) members of the commission may be a member of the same
political party.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-3 Term of office

Sec. 3. (a) The term of an individual serving as a member of the commission begins on
the later of the following:
(1) The day the term of the member whom the individual is appointed to succeed
expires.
(2) The day the individual is appointed.
(b) The term of a member expires July 1 of the second year after the member's current
term begins.
(c) A member may be reappointed to the commission. A member reappointed to the
commission is the member's own successor for purposes of subsection (a).
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-4 Nominations and appointments for succeeding term

Sec. 4. (a) Before May 1 of a year that the term of a member of the commission expires,
the state chairman of the major political party of the state represented by that member may
nominate, in writing, two (2) individuals of the state chairman's own political party to

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succeed the member whose term will expire.
(b) The state chairman of a political party may nominate the individual whose term will
expire that year to serve a new term.
(c) If the state chairman makes the nominations before May 1, the governor shall appoint
one (1) of the nominees to the commission.
(d) If the state chairman fails to make the nominations before May 1, the governor shall,
within another ten (10) days, appoint a member of the same political party as the state
chairman. The state chairman may disapprove the selection by notifying the governor within
seven (7) days after receiving notice of the governor's appointment.
(e) If the state chairman disapproves the selection within the seven (7) day period under
subsection (d), the governor shall make another appointment under subsection (d) that is also
subject to the disapproval of the state chairman under subsection (d).
(f) If the state chairman does not disapprove an appointment under subsection (d) within
the seven (7) day period, the individual appointed by the governor is a member of the
commission.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-5 Vacancies
Sec. 5. (a) If a member of the commission resigns, dies, or becomes unable to serve on
the commission, the governor shall notify the state chairman of the major political party of
the state represented by the member.
(b) The state chairman may nominate in writing, within ten (10) days after notice of the
vacancy, two (2) individuals of the state chairman's own political party to succeed the
member. If the state chairman makes the nominations within ten (10) days, the governor shall
appoint one (1) of the nominees to the commission.
(c) If the state chairman fails to make the nominations within ten (10) days, the governor
shall, within another ten (10) days, appoint a member of the same political party as the state
chairman. The state chairman may disapprove the selection by notifying the governor within
seven (7) days after receiving notice of the governor's appointment.
(d) If the state chairman disapproves the selection within the seven (7) day period under
subsection (c), the governor shall make another appointment under subsection (c) that is also
subject to the disapproval of the state chairman under subsection (c).
(e) If the state chairman does not disapprove an appointment under subsection (c) within
the seven (7) day period, the individual appointed by the governor is a member of the
commission.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-6 Chair and vice chair of commission

Sec. 6. (a) The governor shall appoint one (1) of the members of the commission to be
the chair and one (1) of the members of the commission to be the vice chair of the
commission. The chair of the commission must be a member of the same political party as
the individual who is the secretary of state. The vice chair and the chair may not be affiliated
with the same political party.
(b) The individuals appointed as chair and vice chair serve in their respective positions
until each individual's term as a member of the commission expires.
As added by P.L.8-1995, SEC.18. Amended by P.L.4-1996, SEC.8; P.L.122-2000, SEC.2.

IC 3-6-4.1-7 Quorum
Sec. 7. (a) Three (3) members of the commission constitute a quorum.
(b) Except as otherwise provided in this title, the affirmative vote of at least three (3)
members of the commission is necessary for the commission to take official action other than
to meet to take testimony.
As added by P.L.8-1995, SEC.18.

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IC 3-6-4.1-8 Designation of proxy
Sec. 8. (a) A member of the commission may designate another individual to serve as a
proxy of record in the member's place as a member of the commission by filing a written
instrument designating the proxy of record with the election division. The proxy of record
has the same authority to act and vote on all matters as does the member. The member may
revoke the authority of the proxy of record at any time. The authority of the proxy of record
may be either limited or general with regard to duration or subject matter as set forth by the
member in the written instrument designating the proxy.
(b) If both the member and the member's proxy of record are unavailable, the member
may designate another individual in writing to serve as an alternate proxy in the member's
place as a member of the commission. This designation must be filed with the election
division before taking effect. The alternate proxy has the same authority to act and vote on
all matters as does the member. The member may revoke the authority of the alternate proxy
at any time. The authority of the alternate proxy may be either limited or general with regard
to duration or subject matter as set forth by the member in the written instrument designating
the proxy.
As added by P.L.8-1995, SEC.18. Amended by P.L.3-1997, SEC.22.

IC 3-6-4.1-9 Meetings
Sec. 9. The chair shall call a meeting of the commission whenever the chair considers it
necessary for the performance of the commission's duties.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-10 Failure of chair to call meeting

Sec. 10. If the chair for any reason fails to call a meeting of the commission, then:
(1) the vice chair, with the written approval of the remaining two (2) commission
members, may convene a meeting of the commission; and
(2) the three (3) members of the commission may meet to execute the powers and
perform the duties of the commission.
As added by P.L.8-1995, SEC.18. Amended by P.L.4-1996, SEC.9.

IC 3-6-4.1-11 Compensation and expenses

Sec. 11. (a) Each member of the commission who is not a state employee is entitled to
receive both of the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for travel expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel policies and
procedures established by the Indiana department of administration and approved by
the budget agency.
(b) Each member of the commission who is a state employee is entitled to reimbursement
for travel expenses and other expenses actually incurred in connection with the member's
duties, as provided in the state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-12 Failure of commission to meet and discharge duties

Sec. 12. If the commission fails to meet and discharge the duties imposed upon it by law,
the governor may order the commission to meet in the performance of the commission's
duties if the governor:
(1) considers a meeting to be necessary; or
(2) receives a petition signed by at least one (1) voter from each congressional district
of Indiana.
As added by P.L.8-1995, SEC.18.

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IC 3-6-4.1-13 Minutes of meetings
Sec. 13. The election division shall keep minutes of all meetings of the commission,
including a written record of the yes and no vote of each member on all questions coming
before the commission.
As added by P.L.8-1995, SEC.18. Amended by P.L.3-1997, SEC.23.

IC 3-6-4.1-14 Powers and duties

Sec. 14. (a) In addition to other duties prescribed by law, the commission shall do the
following:
(1) Administer Indiana election laws.
(2) Adopt rules under IC 4-22-2 to do the following:
(A) Govern the fair, legal, and orderly conduct of elections, including the following:
(i) Emergency rules described in section 16 of this chapter to implement a court
order requiring the commission, the election division, or an election board or
official to administer an election in a manner not authorized by this title.
(ii) Rules (including joint rules with other agencies when necessary) to implement
and administer NVRA.
(B) Carry out IC 3-9 (campaign finance).
(C) Govern the establishment of precincts under IC 3-11-1.5.
(D) Specify procedures and fees for the processing of an application from a vendor
for voting systems approval and testing.
(3) Advise and exercise supervision over local election and registration officers.
(b) This section does not divest a county election board of any powers and duties imposed
on the board in IC 3-6-5, except that if there is a deadlock on a county election board, the
county election board shall submit the question to the commission for final determination.
As added by P.L.8-1995, SEC.18. Amended by P.L.4-1996, SEC.10; P.L.3-1997, SEC.24;
P.L.169-2015, SEC.8.

IC 3-6-4.1-15 Repealed
As added by P.L.8-1995, SEC.18. Repealed by P.L.3-1997, SEC.474.

IC 3-6-4.1-16 Emergency rules

Sec. 16. The commission, by unanimous vote of the entire membership of the
commission, may adopt emergency rules under IC 4-22-2-37.1 to implement a court order
requiring the commission, the election division, or an election board or official to administer
an election in a manner not authorized by this title.
As added by P.L.8-1995, SEC.18. Amended by P.L.3-1997, SEC.25.

IC 3-6-4.1-17 Extension of time

Sec. 17. (a) If the commission by unanimous vote of the entire membership of the
commission finds that a natural disaster or other emergency makes it impossible or
unreasonable for a person to perform a duty or file a document by the time specified in this
title, the commission may issue an order extending the time for performing the duty or filing
the document.
(b) An order described in subsection (a) expires not later than thirty (30) days after the
order is issued. The order must include the following:
(1) The geographic area subject to the order.
(2) The election board or official subject to the order.
(3) The duty or filing subject to the order.
(4) The specific date by which the duty must be performed or the document filed under
the order.
As added by P.L.8-1995, SEC.18.

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IC 3-6-4.1-18 Repealed
As added by P.L.8-1995, SEC.18. Amended by P.L.2-1996, SEC.3. Repealed by P.L.3-1997,
SEC.474.

IC 3-6-4.1-19 Subpoena power

Sec. 19. (a) The commission has the power of subpoena and may require a person to
appear before the commission, a member of the commission, or the co-directors to be
examined with regard to any matter with which the commission or the co-directors are
charged with a duty under this title.
(b) The commission or the co-directors may require appearances at the office of the
commission or at a place fixed by the commission or co-directors in the county of residence
of the person subpoenaed.
(c) A witness who is subpoenaed under this section is entitled to be paid the same mileage
and fee as witnesses in court actions. Mileage and fees shall be paid as other election
expenses are paid.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-20 Administration of oath

Sec. 20. A member of the commission, the co-directors, or an employee of the election
division may administer an oath required or permitted by this title.
As added by P.L.8-1995, SEC.18. Amended by P.L.3-1997, SEC.26.

IC 3-6-4.1-21 Actions of commission upon determination of violation

Sec. 21. (a) This section does not apply to a violation of NVRA or IC 3-7.
(b) If the commission determines that there is substantial reason to believe an election law
violation has occurred, it shall expeditiously make an investigation.
(c) If in the judgment of the commission, after affording due notice and an opportunity
for a hearing, a person has engaged or is about to engage in an act or practice that constitutes
or will constitute a violation of this title or of a rule or an order issued under this title, the
commission shall take the action it considers appropriate under the circumstances, including
the following:
(1) Referring the matter to the attorney general if the commission requests that a civil
action be filed under section 22 of this chapter.
(2) Referring the matter to the appropriate prosecuting attorney if the case concerns a
criminal violation of this title.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-22 Civil action

Sec. 22. (a) Upon referral under section 21 of this chapter, the attorney general shall
institute on behalf of the state, a civil action for relief including any of the following:
(1) A permanent or temporary injunction.
(2) A restraining order.
(3) Another appropriate order.
(b) An action under this section may be instituted in a circuit or superior court in the
county in which the person is found, resides, or transacts business.
(c) Upon a proper showing that the person has engaged or is about to engage in an act or
a practice described by section 21 of this chapter, the court shall grant the requested relief
without bond.
As added by P.L.8-1995, SEC.18. Amended by P.L.2-1996, SEC.4.

IC 3-6-4.1-23 Assistance by police in enforcement of election laws

Sec. 23. (a) The state police department and all state police officers shall assist the
commission, on request, in the enforcement of the election laws and the discharge of the

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commission's duties, including the use of state police radio and telephone service on election
days.
(b) The state police department or a state police officer may not supplant or interfere with
a local law enforcement officer or precinct election officer in the discharge of duties.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-24 Campaign finance enforcement account

Sec. 24. (a) The campaign finance enforcement account is established within the state
general fund to provide money for the following purposes:
(1) Administering and enforcing IC 3-9.
(2) Creating and operating a campaign finance computer system as authorized under
IC 3-9-4-4, including investing in technology to expand the capabilities of the computer
system.
(b) The account shall be administered by the election division. Funds in the account are
available, with the approval of the budget agency, to augment and supplement the funds
appropriated to the election commission for the purposes described in subsection (a).
(c) Expenses of administering the account shall be paid from money in the account. The
account consists of all civil penalties collected by the commission under IC 3-9-4.
(d) Money in the account at the end of a state fiscal year does not revert to any other
account within the state general fund.
As added by P.L.4-1996, SEC.11. Amended by P.L.3-1997, SEC.27.

IC 3-6-4.1-25 Power to hold hearings and issue advisory opinions

Sec. 25. The commission may do any of the following to administer Indiana election law:
(1) Hold hearings under IC 4-21.5.
(2) Issue advisory opinions.
As added by P.L.3-1997, SEC.28.

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IC 3-6-4.2 Chapter 4.2. Election Division

3-6-4.2-1 Establishment
3-6-4.2-2 Administration
3-6-4.2-2.5 Election division to assist secretary of state in HAVA administration
3-6-4.2-3 Co-directors
3-6-4.2-3.2 Co-directors; terms
3-6-4.2-4 Employees
3-6-4.2-5 Political affiliation of employees
3-6-4.2-5.5 Rights of individuals who serve as co-director or employee on December 31,
1996
3-6-4.2-6 Number of employees
3-6-4.2-7 Funding for employees
3-6-4.2-8 Vacancy in co-director position
3-6-4.2-9 Budget estimates
3-6-4.2-10 Audits and investigations
3-6-4.2-12 Duties
3-6-4.2-12.1 State HAVA plan; HAVA committee; membership; per diem; expenses
3-6-4.2-12.5 Duty of secretary of state to apply for payments for accessibility of polling
places to disabled voters; information regarding accessible polling places
3-6-4.2-13 Assistance from state police department
3-6-4.2-14 County election officials instructional meeting; contents; compensation and
expenses

IC 3-6-4.2-1 Establishment
Sec. 1. The election division is established within the office of the secretary of state.
As added by P.L.8-1995, SEC.19.

IC 3-6-4.2-2 Administration
Sec. 2. (a) The secretary of state shall perform all ministerial duties related to the
administration of elections by the state.
(b) The election division shall assist the commission and the secretary of state in the
administration of this title.
As added by P.L.8-1995, SEC.19. Amended by P.L.3-1997, SEC.29.

IC 3-6-4.2-2.5 Election division to assist secretary of state in HAVA

administration
Sec. 2.5. The election division shall assist the secretary of state in the implementation of
HAVA.
As added by P.L.209-2003, SEC.8.

IC 3-6-4.2-3 Co-directors
Sec. 3. (a) The governor shall appoint two (2) co-directors for the election division who
shall do the following:
(1) Carry out the policies, decisions, and recommendations of the commission.
(2) Maintain an office for the election division.
(b) The co-directors may not be members of the same political party.
(c) The co-directors have equal authority and responsibilities under this title. However,
if the co-directors are unable to resolve a dispute between themselves regarding:
(1) the commission's or the election division's budget;
(2) the commission's or the election division's expenditures; or
(3) contracts to which the commission or the election division is a party;
the secretary of state may decide the matter. A decision by the secretary of state regarding
the matter is final.
(d) The co-directors must:
(1) be classified the same under the state's personnel system; and

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 (2) except for differences due to years of service as co-directors, receive the same
compensation.
As added by P.L.8-1995, SEC.19. Amended by P.L.153-2013, SEC.1; P.L.219-2013, SEC.4;
P.L.32-2021, SEC.1.

IC 3-6-4.2-3.2 Co-directors; terms

Sec. 3.2. A co-director serves a term of four (4) years, beginning January 1, 2019, and
continuing until the co-director's successor has been appointed and qualified.
As added by P.L.3-1997, SEC.30. Amended by P.L.278-2019, SEC.6.

IC 3-6-4.2-4 Employees
Sec. 4. The co-directors shall employ other employees as necessary in the execution of
the powers and duties of the election division.
As added by P.L.8-1995, SEC.19. Amended by P.L.216-2015, SEC.1.

IC 3-6-4.2-5 Political affiliation of employees

Sec. 5. The employees of the election division must be divided equally between the major
political parties of the state.
As added by P.L.8-1995, SEC.19.

IC 3-6-4.2-5.5 Rights of individuals who serve as co-director or employee on

December 31, 1996
Sec. 5.5. An individual who, on December 31, 1996, serves as a co-director or an
employee of the commission, serves as a co-director or an employee of the election division
after December 31, 1996, with all the rights, duties, and conditions of employment the
individual had as a co-director or an employee of the commission before January 1, 1997.
As added by P.L.220-2011, SEC.12.

IC 3-6-4.2-6 Number of employees

Sec. 6. Subject to section 5 of this chapter, the co-directors may each employ an equal
number of employees.
As added by P.L.8-1995, SEC.19.

IC 3-6-4.2-7 Funding for employees

Sec. 7. Equal funding shall be provided to each co-director with which to employ
employees under section 6 of this chapter.
As added by P.L.8-1995, SEC.19. Amended by P.L.66-2003, SEC.3.

IC 3-6-4.2-8 Vacancy in co-director position

Sec. 8. (a) When a vacancy in a co-director position occurs, the secretary of state shall
notify the governor and the state chairman of the political party of which the individual
vacating the position is a member.
(b) The state chairman may submit to the governor in writing, within thirty (30) days after
notice of the vacancy, the names of two (2) individuals to fill the vacancy. If the state
chairman submits the names of two (2) individuals within the thirty (30) day period, the
governor shall appoint one (1) of the two (2) individuals to fill the vacancy. If the state
chairman fails to submit the names of two (2) individuals within the thirty (30) day period,
the governor shall, within another ten (10) days, appoint an individual of the same political
party as the state chairman to fill the vacancy.
(c) If a state chairman fails to submit in writing the name of a qualified successor within
thirty (30) days after the state chairman is notified by the secretary of state of a vacancy, the
governor shall:
(1) appoint a member of the political party of the state chairman to fill the vacancy; and

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 (2) notify the state chairman of the selection.
(d) The state chairman may disapprove the selection by notifying the governor within
seven (7) days after receiving notice of the governor's appointment. If the state chairman
disapproves the selection within the seven (7) day period, the governor shall make another
appointment under subsection (b) which is subject to disapproval of the state chairman under
this subsection. If the state chairman does not disapprove the appointment within the seven
(7) day period, the individual appointed by the governor shall be employed as the co-director.
As added by P.L.8-1995, SEC.19.

IC 3-6-4.2-9 Budget estimates

Sec. 9. The secretary of state shall submit biennial budget estimates for the commission
and the election division in the manner and form required by law. Funds shall be expended
only in the manner and form required by law.
As added by P.L.8-1995, SEC.19.

IC 3-6-4.2-10 Audits and investigations

Sec. 10. (a) An audit or investigation authorized by the commission concerning
administration of election laws shall be conducted by at least two (2) state employees divided
equally between the major political parties of the state.
(b) Notwithstanding subsection (a) or any statutory provisions to the contrary, the
co-directors shall assist in the following actions upon authorization of the commission:
(1) A hearing or an investigation conducted by the commission under:
(A) IC 3-7-11 (voter registration violations under NVRA or IC 3-7); or
(B) IC 3-9-4-15 (campaign finance violations).
(2) An examination or a test of a voting system for the commission.
As added by P.L.8-1995, SEC.19. Amended by P.L.4-1996, SEC.12.

IC 3-6-4.2-12 Duties
Sec. 12. The election division shall do the following:
(1) Maintain complete and uniform descriptions and maps of all precincts in Indiana.
(2) Promptly update the information required by subdivision (1) after each precinct
establishment order is filed with the commission under IC 3-11-1.5.
(3) Issue media watcher cards under IC 3-6-10-6.
(4) Serve in accordance with 52 U.S.C. 20302(b) as the office in Indiana responsible
for providing information regarding voter registration procedures and absentee ballot
procedures to absent uniformed services voters and overseas voters.
(5) As required by 52 U.S.C. 20302(c), submit a report to the federal Election
Assistance Commission not later than ninety (90) days after each general election
setting forth the combined number of absentee ballots:
(A) transmitted to absent uniformed services voters and overseas voters for the
election; and
(B) returned by absent uniformed services voters and overseas voters and cast in the
election.
(6) Implement the state plan in accordance with the requirements of HAVA (52 U.S.C.
21001 through 52 U.S.C. 21006) and this title, and appoint members of the committee
established under 52 U.S.C. 21005.
(7) Submit reports required under 52 U.S.C. 21008 to the federal Election Assistance
Commission concerning the use of federal funds under Title II, Subtitle D, Part I of
HAVA.
(8) Prescribe a uniform set of election and registration forms for use throughout
Indiana, except when prescribed by this title.
As added by P.L.3-1997, SEC.31. Amended by P.L.209-2003, SEC.9; P.L.221-2005, SEC.8;
P.L.64-2014, SEC.5; P.L.128-2015, SEC.10; P.L.169-2015, SEC.9.

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IC 3-6-4.2-12.1 State HAVA plan; HAVA committee; membership; per diem;
expenses
Sec. 12.1. (a) This section applies to the development, implementation, and amendment
of the state plan under HAVA (52 U.S.C. 21001 through 52 U.S.C. 21006).
(b) An individual appointed by the co-directors to serve on the committee established to
develop the state plan to implement HAVA under 52 U.S.C. 21005 is entitled to receive the
compensation or reimbursement provided under subsection (d) or (e).
(c) For purposes of subsection (d), an individual who holds:
(1) a state office is considered an employee of the state; or
(2) an office of a political subdivision is considered an employee of the political
subdivision.
(d) Each member of the committee who is not a state employee or an employee of a
political subdivision is entitled to receive both of the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for travel expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel policies and
procedures established by the Indiana department of administration and approved by
the budget agency.
(e) Each member of the committee who is a state employee or an employee of a political
subdivision is entitled to reimbursement for travel expenses and other expenses actually
incurred in connection with the member's duties, as provided in the state travel policies and
procedures established by the Indiana department of administration and approved by the
budget agency.
(f) The committee's expenses, including the payment of per diem and reimbursements
under this section, shall be paid from the Section 101 account of the election administration
assistance fund established under IC 3-11-6.5.
As added by P.L.209-2003, SEC.10. Amended by P.L.128-2015, SEC.11.

IC 3-6-4.2-12.5 Duty of secretary of state to apply for payments for

accessibility of polling places to disabled voters; information
regarding accessible polling places
Sec. 12.5. (a) As authorized under 52 U.S.C. 21021, the secretary of state shall apply to
the Secretary of Health and Human Services for payments under the HAVA (52 U.S.C.
21021 through 52 U.S.C. 21025) to do the following:
(1) Make polling places (including the path of travel, entrances, exits, and voting areas
of each polling place) more accessible to individuals with disabilities, including the
blind and visually impaired, in a manner that provides the same opportunity for access
and participation (including privacy and independence) as other voters.
(2) Provide individuals with disabilities and other individuals described in subdivision
(1) with information about the accessibility of polling places, including outreach
programs to inform the individuals about the availability of accessible polling places
and training election officials, poll workers, and election volunteers on how best to
promote the access and participation of individuals with disabilities in elections.
(b) If the secretary of state receives payments from the Secretary of Health and Human
Services under 52 U.S.C. 21021 through 52 U.S.C. 21025, the election division shall expend
the money as described in the application submitted under 52 U.S.C. 21023.
As added by P.L.209-2003, SEC.11. Amended by P.L.153-2013, SEC.2; P.L.128-2015,
SEC.12.

IC 3-6-4.2-13 Assistance from state police department

Sec. 13. (a) The state police department and all state police officers shall assist the
election division, on request, in the enforcement of the election laws and the discharge of the
election division’s duties, including the use of state police radio and telephone service on

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election days.
(b) The state police department or a state police officer may not supplant or interfere with
a local law enforcement officer or precinct election officer in the discharge of official duties.
As added by P.L.3-1997, SEC.32.

IC 3-6-4.2-14 County election officials instructional meeting; contents;

compensation and expenses
Sec. 14. (a) Each year in which a general or municipal election is held, the election
division shall call a meeting of all the members of the county election boards, the boards of
registration (subject to IC 3-7-12), and the boards of elections and registration (as defined
in IC 3-5-2-5.3) to instruct them regarding all of the following:
(1) Their duties under this title and federal law (including HAVA and NVRA).
(2) Requirements and best practices concerning cybersecurity for the computerized list,
voting systems, and electronic poll books.
(3) Physical security for all aspects of the election process, including voting systems,
electronic poll books, absentee voting, and polling places.
(4) Requirements and best practices to ensure that voting systems, precinct polling
places, and vote centers are accessible to voters with disabilities.
(5) Best practices in answering voters' questions on how to vote, including providing
instructions to voters on straight ticket voting.
(b) The election division may call a meeting under this section:
(1) during a year in which a general or a municipal election is not held; and
(2) at other times when the election division determines that doing so is necessary or
desirable.
(c) Each circuit court clerk, each member of a board of registration established under
IC 3-7-12, and each director, assistant director, or co-director of a board of elections and
registration shall attend a meeting called by the election division under this section. A
member of a county election board may attend a meeting called by the election division under
this section. A circuit court clerk, member of a board of registration, or member of a board
of elections and registration may require the attendance of the following:
(1) Each of the circuit court clerk's, board of registration member's, or board of
elections and registration member's appointed and acting chief deputies or chief
assistants with election related responsibilities.
(2) If the number of deputies or assistants:
(A) is not more than three (3), one (1) of the clerk's or member's appointed and
acting deputies or assistants; or
(B) is greater than three (3), two (2) of the clerk's or member's appointed and acting
deputies or assistants.
(d) The election division shall set the time and place of the instructional meeting. In years
in which a primary election is held, the election division:
(1) may conduct the meeting before the first day of the year; and
(2) shall conduct the meeting before primary election day.
The instructional meeting may not last for more than three (3) days.
(e) Each individual who attends the meeting under subsection (c) and an individual who
has been elected or selected to serve as circuit court clerk but has not yet begun serving in
that office is entitled to receive all of the following from the county general fund without
appropriation:
(1) A sum for mileage at a rate determined by the fiscal body of the unit the official
represents for each mile necessarily traveled in going to and returning from the meeting
by the most expeditious route. Regardless of the duration of the conference, only one
(1) mileage reimbursement shall be allowed to the official furnishing the conveyance
even if the official transports more than one (1) person.
(2) An allowance for lodging for each night preceding conference attendance in an

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 amount equal to the single room rate. However, lodging expense, in the case of a one
(1) day conference, shall only be allowed for persons who reside fifty (50) miles or
farther from the conference location.
(3) Reimbursement of an official, a deputy, or an assistant in an amount determined by
the fiscal body of the unit the official, deputy, or assistant represents, for meals
purchased while attending a conference called under this section.
(f) The election division shall certify the number of days of attendance and the mileage
for each conference to each official, deputy, or assistant attending any conference under this
section.
(g) All payments of mileage and lodging shall be made by the proper disbursing officer
in the manner provided by law on a duly verified claim or voucher to which shall be attached
the certificate of the election division showing the number of days attended and the number
of miles traveled. All payments shall be made from the county general fund from any money
not otherwise appropriated and without any previous appropriation being made therefore.
(h) A claim for reimbursement under this section may not be denied by the body
responsible for the approval of claims if the claim complies with IC 5-11-10-1.6 and this
section.
As added by P.L.3-1997, SEC.33. Amended by P.L.38-1999, SEC.5; P.L.26-2000, SEC.2;
P.L.209-2003, SEC.12; P.L.120-2009, SEC.2; P.L.278-2019, SEC.7; P.L.141-2020, SEC.3;
P.L.131-2022, SEC.1; P.L.11-2023, SEC.2; P.L.141-2023, SEC.2; P.L.227-2023, SEC.11.

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IC 3-6-4.5 Chapter 4.5. Administrative Complaint Procedure Concerning
Uniform and Nondiscriminatory Election Technology and
Administrative Requirements Under Title III of HAVA

3-6-4.5-1 Repealed
3-6-4.5-2 "Title III"
3-6-4.5-3 Establishment of administrative complaint procedure
3-6-4.5-4 Remedies supplement other remedies under IC 3
3-6-4.5-5 Procedures uniform and nondiscriminatory
3-6-4.5-6 Filing complaint with election division
3-6-4.5-7 Form of complaint
3-6-4.5-8 Information required in complaint
3-6-4.5-9 Copies of complaint provided to commission and persons identified in
complaint
3-6-4.5-10 Complaint filed with county election board; suspension of state enforcement
3-6-4.5-11 Complaint against co-director filed with commission chair; duties of
commission chair
3-6-4.5-12 Consolidation of complaints
3-6-4.5-13 Preliminary determination of validity of complaint; dismissal; notice of
dismissal
3-6-4.5-14 Persons to whom notices of dismissal provided
3-6-4.5-15 Investigation of complaints determined valid
3-6-4.5-16 Submission of investigation results to commission; commission report; persons
provided copy of report
3-6-4.5-17 Content of report
3-6-4.5-18 Hearing; record
3-6-4.5-19 Commission action after hearing
3-6-4.5-20 Dismissal of complaint after determination of no violation
3-6-4.5-21 Remedy
3-6-4.5-22 Civil actions
3-6-4.5-23 Summary of actions; to whom provided
3-6-4.5-24 Deadline for making final determination on complaint
3-6-4.5-25 Extension of deadline
3-6-4.5-26 Referral of complaint to arbitrator
3-6-4.5-27 Record and other materials given to arbitrator
3-6-4.5-28 Filing arbitrator's report; content of report

IC 3-6-4.5-1 Repealed
As added by P.L.209-2003, SEC.13. Repealed by P.L.221-2005, SEC.145.

IC 3-6-4.5-2 "Title III"

Sec. 2. As used in this chapter, "Title III" refers to Title III of HAVA (52 U.S.C. 21081
through 52 U.S.C. 21085).
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.13.

IC 3-6-4.5-3 Establishment of administrative complaint procedure

Sec. 3. As required by 52 U.S.C. 21112, this chapter establishes the state based
administrative complaint procedures to remedy grievances concerning uniform and
nondiscriminatory election technology and administrative requirements under Title III.
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.14.

IC 3-6-4.5-4 Remedies supplement other remedies under IC 3

Sec. 4. The remedies provided under this chapter are supplemental to any other remedies
provided to an aggrieved party under this title.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-5 Procedures uniform and nondiscriminatory

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 Sec. 5. As required by 52 U.S.C. 21112, the procedures prescribed by this chapter must
be uniform and nondiscriminatory.
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.15.

IC 3-6-4.5-6 Filing complaint with election division

Sec. 6. As provided by 52 U.S.C. 21112, a person who believes there is a violation of any
provision of Title III, including a violation that has occurred, is occurring, or is about to
occur, may file a complaint with the election division.
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.16.

IC 3-6-4.5-7 Form of complaint

Sec. 7. As required by 52 U.S.C. 21112, a complaint filed under this chapter must be
written, signed, and sworn to before an individual authorized to administer an oath under
IC 33-42-9.
As added by P.L.209-2003, SEC.13. Amended by P.L.98-2004, SEC.26; P.L.128-2015,
SEC.17; P.L.128-2017, SEC.1.

IC 3-6-4.5-8 Information required in complaint

Sec. 8. The complaint filed under section 7 of this chapter must state the following:
(1) The name and mailing address of the person alleged to be committing the violation
of Title III described in the complaint.
(2) Whether the person filing the complaint has filed a complaint concerning the
violation with a county election board under IC 3-6-5.1.
(3) The nature of the injury suffered (or about to be suffered) by the person filing the
complaint.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-9 Copies of complaint provided to commission and persons

identified in complaint
Sec. 9. The election division shall promptly provide a copy of the complaint by first class
mail to the members of the commission and the persons identified in the complaint.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-10 Complaint filed with county election board; suspension of state

enforcement
Sec. 10. A person entitled to file a complaint under this chapter may file a complaint with
the county election board where the violation allegedly occurred under IC 3-6-5.1. If a person
filed a complaint under IC 3-6-5.1, the election division shall not begin enforcement
procedures under this chapter regarding the complaint until the person filing the complaint
files a complaint with the election division under this chapter.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-11 Complaint against co-director filed with commission chair;

duties of commission chair
Sec. 11. This section applies if the complaint alleges that either co-director of the election
division has committed the violation. The aggrieved person shall file the complaint with the
chair of the commission. The chair of the commission shall perform the duties otherwise
performed by the election division concerning a complaint.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-12 Consolidation of complaints

Sec. 12. As permitted under 52 U.S.C. 21112, the election division (or commission) may
consolidate complaints filed under this chapter.

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As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.18.

IC 3-6-4.5-13 Preliminary determination of validity of complaint; dismissal;

notice of dismissal
Sec. 13. The election division shall determine whether a complaint filed under this chapter
describes a violation of Title III if the facts set forth in the complaint are assumed to be true.
If the election division determines that:
(1) even if the facts set forth in the complaint are assumed to be true, there is no
violation of Title III; or
(2) the person has not complied with section 7 of this chapter;
the election division shall dismiss the complaint and publish the order dismissing the matter
in the Indiana Register.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-14 Persons to whom notices of dismissal provided

Sec. 14. If the election division dismisses a complaint under section 13 of this chapter,
the election division shall provide a copy of this determination to:
(1) the person who filed the notice by first class mail with tracking;
(2) the person alleged to have committed the violation by first class mail with tracking;
(3) the members of the commission by placing the copy on file at the election division;
and
(4) the attorney general by electronic mail.
As added by P.L.209-2003, SEC.13. Amended by P.L.227-2023, SEC.12.

IC 3-6-4.5-15 Investigation of complaints determined valid

Sec. 15. If the election division determines that the complaint alleges a violation of Title
III if the facts alleged in the complaint are assumed to be true and that the person has
complied with section 7 of this chapter, the election division shall conduct an investigation
under IC 3-6-4.2.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-16 Submission of investigation results to commission; commission

report; persons provided copy of report
Sec. 16. The election division, upon completing the investigation, shall submit the results
of the investigation to the commission, which shall then issue a written report. The election
division shall provide a copy of the report to:
(1) the person who filed the complaint by first class mail with tracking;
(2) the person alleged to have committed the violation by first class mail with tracking;
(3) the members of the commission by placing the copy on file at the election division;
and
(4) the attorney general by electronic mail.
As added by P.L.209-2003, SEC.13. Amended by P.L.227-2023, SEC.13.

IC 3-6-4.5-17 Content of report

Sec. 17. The report described in section 16 of this chapter must:
(1) indicate the date when the complaint alleging the violation was received by the
election division;
(2) contain findings of fact regarding the alleged violation and state whether a violation
of Title III has occurred, or appeared to be likely to occur when the complaint was
filed;
(3) state what steps, if any, the person alleged to have committed the violation has taken
to correct the violation or to prevent a reoccurrence of the violation;
(4) suggest any additional measures that could be taken to correct a violation;

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 (5) indicate the date when a violation was corrected or is expected to be corrected; and
(6) provide any additional information or recommendations useful in resolving this
complaint.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-18 Hearing; record

Sec. 18. As required by 52 U.S.C. 21112, at the request of the person filing a complaint,
or at the request of a member of the commission, the commission shall conduct a hearing on
the complaint and prepare a record of the hearing. A request for a hearing must be filed with
the election division not later than noon seven (7) days after the report is mailed under
section 16 of this chapter.
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.19.

IC 3-6-4.5-19 Commission action after hearing

Sec. 19. After concluding the hearing, the commission shall:
(1) affirm the report;
(2) amend the report; or
(3) refer the matter to the election division for further investigation and submission of
a subsequent report to the commission.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-20 Dismissal of complaint after determination of no violation

Sec. 20. As required by 52 U.S.C. 21112, if the commission determines that based on the
evidence presented, there is no violation of any provision of Title III or that the person has
not complied with section 7 of this chapter, the commission shall dismiss the complaint and
publish the order dismissing the matter in the Indiana Register.
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.20.

IC 3-6-4.5-21 Remedy
Sec. 21. As authorized by 52 U.S.C. 21112, if the commission determines that there is a
violation of any provision of Title III, the commission shall determine and provide the
appropriate remedy if authorized by law to do so. If providing the remedy would require
additional or amended Indiana legislation, the commission shall notify the interim study
committee on elections established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6
and provide recommendations regarding the form and content of this legislation.
As added by P.L.209-2003, SEC.13. Amended by P.L.53-2014, SEC.48; P.L.128-2015,
SEC.21.

IC 3-6-4.5-22 Civil actions

Sec. 22. The secretary of state may file a civil action seeking declaratory or injunctive
relief to secure or implement a remedy determined by the commission to be appropriate
under section 21 of this chapter.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-23 Summary of actions; to whom provided

Sec. 23. The commission shall forward a written summary of any action taken by the
commission under section 20 or 21 of this chapter to:
(1) the person who filed the complaint by first class mail with tracking;
(2) the person alleged to have committed the violation by first class mail with tracking;
and
(3) the attorney general by electronic mail.
As added by P.L.209-2003, SEC.13. Amended by P.L.227-2023, SEC.14.

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IC 3-6-4.5-24 Deadline for making final determination on complaint
Sec. 24. As required by 52 U.S.C. 21112, the commission shall make the final
determination regarding the complaint not later than ninety (90) days after the date the
complaint is filed. The person filing the complaint may file a written consent permitting the
commission to take a longer period to make the final determination regarding the complaint.
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.22.

IC 3-6-4.5-25 Extension of deadline

Sec. 25. As required by 52 U.S.C. 21112, if the commission fails to make the final
determination regarding the complaint within the period applicable to the complaint under
section 24 of this chapter, the complaint shall be resolved not later than sixty (60) days after
the deadline applicable to the complaint under section 24 of this chapter.
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.23.

IC 3-6-4.5-26 Referral of complaint to arbitrator

Sec. 26. A complaint described by section 25 of this chapter shall be resolved by referral
to an arbitrator selected jointly by the commission and the person who filed the complaint.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-27 Record and other materials given to arbitrator

Sec. 27. As provided by 52 U.S.C. 21112, the record and other materials from any
proceedings conducted by the commission shall be made available for use by the arbitrator.
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.24.

IC 3-6-4.5-28 Filing arbitrator's report; content of report

Sec. 28. The arbitrator shall file a report with the election division setting forth the
resolution of the complaint. The report must specify the following:
(1) Whether a violation of Title III has occurred or was about to occur when the
complaint was filed.
(2) The appropriate remedy to correct any violation.
(3) Whether providing the remedy would require additional or amended Indiana
legislation or a civil action for declaratory or injunctive relief.
(4) Any other information and recommendations necessary to fully provide any
appropriate relief under this chapter.
As added by P.L.209-2003, SEC.13.

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IC 3-6-4.9 Chapter 4.9. Administrative Enforcement of Election Law

3-6-4.9-1 Chapter does not apply to campaign finance violations

3-6-4.9-2 "Agency"
3-6-4.9-3 "Enforcement authority"
3-6-4.9-4 Proceedings subject to administrative orders and procedures statute
3-6-4.9-5 Hearings and investigations by agency member
3-6-4.9-6 Investigative costs added to civil penalties
3-6-4.9-7 Deposit of investigative costs and civil penalties
3-6-4.9-8 Waiver or reduction of penalties
3-6-4.9-9 Agreement to waive hearing and pay penalties
3-6-4.9-10 Violations of IC 3-11-4-5.2; civil penalties; deposit of civil penalties in
election administration assistance fund

IC 3-6-4.9-1 Chapter does not apply to campaign finance violations

Sec. 1. This chapter does not apply to enforcement of a provision of IC 3-9.
As added by P.L.157-2019, SEC.2.

IC 3-6-4.9-2 "Agency"
Sec. 2. As used in this chapter, "agency" refers to the following:
(1) The election division, if the commission is the enforcement authority.
(2) The county election board, if the county election board is the enforcement authority.
As added by P.L.157-2019, SEC.2.

IC 3-6-4.9-3 "Enforcement authority"

Sec. 3. As used in this chapter, "enforcement authority" refers to either of the following:
(1) The commission, which has exclusive jurisdiction under this chapter for matters
relating to elections and candidates for state, legislative, and judicial offices.
(2) The county election board, which has jurisdiction under this chapter for matters
relating to elections and candidates for local and school board offices.
As added by P.L.157-2019, SEC.2.

IC 3-6-4.9-4 Proceedings subject to administrative orders and procedures

statute
Sec. 4. Proceedings of an enforcement authority under this chapter are subject to
IC 4-21.5.
As added by P.L.157-2019, SEC.2.

IC 3-6-4.9-5 Hearings and investigations by agency member

Sec. 5. (a) If the commission is the enforcement authority, a commission member, or the
co-directors, with the authorization of the commission, may conduct a hearing or an
investigation, take evidence, and report back to the commission for its consideration and
action.
(b) If a county election board is the enforcement authority, a county election board
member may conduct a hearing or an investigation, take evidence, and report back to the
board for its consideration and action.
As added by P.L.157-2019, SEC.2.

IC 3-6-4.9-6 Investigative costs added to civil penalties

Sec. 6. If a civil penalty is imposed under this chapter, any investigative costs incurred
and documented by the agency shall be added to the civil penalty imposed.
As added by P.L.157-2019, SEC.2.

IC 3-6-4.9-7 Deposit of investigative costs and civil penalties

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 Sec. 7. Civil penalties and investigative costs shall be deposited in the fund designated
under this chapter.
As added by P.L.157-2019, SEC.2.

IC 3-6-4.9-8 Waiver or reduction of penalties

Sec. 8. An enforcement authority may, upon the unanimous vote of its entire membership,
find that imposition of a civil penalty required to be imposed under this chapter would be
unjust under the circumstances and do either of the following:
(1) Waive the penalty.
(2) Reduce the penalty to an amount specified by the enforcement authority.
As added by P.L.157-2019, SEC.2.

IC 3-6-4.9-9 Agreement to waive hearing and pay penalties

Sec. 9. (a) If a person is notified by the agency that the enforcement authority may assess
a proposed civil penalty under this chapter against the person, the person may enter into an
agreement with the agency to pay the proposed penalty and waive a hearing before the
enforcement authority.
(b) An agreement entered into under this section must:
(1) provide for the payment of the entire proposed civil penalty not later than the date
of the execution of the agreement; and
(2) be presented to the enforcement authority by the agency for ratification at the
enforcement authority's next regularly scheduled meeting.
As added by P.L.157-2019, SEC.2.

IC 3-6-4.9-10 Violations of IC 3-11-4-5.2; civil penalties; deposit of civil

penalties in election administration assistance fund
Sec. 10. (a) This section does not apply to a person whose sole act is, in the normal course
of business, the printing, distribution, or mailing of the communication containing the
information.
(b) A person who violates IC 3-11-4-5.2 by mailing a communication that does not
contain the information in the manner described by IC 3-11-4-5.2(b) or IC 3-11-4-5.2(c) is
subject to a civil penalty as provided in this section.
(c) If the enforcement authority determines that a person is subject to a civil penalty under
this section, the enforcement authority may assess a civil penalty of not more than one
thousand dollars ($1,000) for each communication circulated or published (but not for each
of the copies of the communication actually circulated or published).
(d) Penalties and costs collected under this section shall be deposited in the election
administration assistance fund established by IC 3-11-6.5-2.
As added by P.L.157-2019, SEC.2.

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IC 3-6-5 Chapter 5. County Election Boards

3-6-5-1 Establishment
3-6-5-2 Membership
3-6-5-3 Candidates for office as members of board or proxies of record; circuit court
clerk as member of candidate's committee
3-6-5-4 Appointment of members; term of office
3-6-5-4.5 Proxy of record; alternate proxy
3-6-5-5 Nominations by county chairmen
3-6-5-6 Removal of member upon request of county chairman
3-6-5-7 Vacancies
3-6-5-8 Chairman of county election board; secretary
3-6-5-9 Compensation of members and secretary
3-6-5-10 Office space
3-6-5-11 Chairman to call meetings
3-6-5-12 Failure of chairman to call meeting
3-6-5-13 Minutes of meetings; inclusion of ballot styles with minutes
3-6-5-14 Powers and duties
3-6-5-14.5 Delegation of duties of circuit court clerk; resolution
3-6-5-15 Political subdivisions with territory in more than one county; duties of county
election boards
3-6-5-16 Budget estimates
3-6-5-17 Reports to election division; contents
3-6-5-17.5 Report concerning absentee ballots from overseas and uniformed services
voters
3-6-5-18 Circuit court clerk to perform duties of clerk or secretary
3-6-5-19 Circuit court clerk; exercise of powers and duties of board
3-6-5-20 Deputy election commissioners; appointment and removal; residency
3-6-5-21 Designation of deputy election commissioners by county chairmen
3-6-5-22 Deputy election commissioner's duties
3-6-5-23 Clerks, custodians, and employees; students serving as nonpartisan assistants
3-6-5-24 Candidates for elected office; service as deputy election commissioner or
employment by county board
3-6-5-25 Audit of books of county election board
3-6-5-26 Examination of persons; administration of oaths
3-6-5-27 Subpoena power
3-6-5-28 Service of process
3-6-5-29 Refusal of person to attend or testify; court order; contempt
3-6-5-30 Witness fees
3-6-5-31 Election law violations; investigation; action by board
3-6-5-32 Civil action by attorney general or prosecuting attorney; injunctions
3-6-5-33 Assistance by law enforcement officers
3-6-5-34 Appeal of county election board decision; time to file
3-6-5-35 Failure to perform duty as precinct election officer, absentee voter board
member, or absentee ballot counter; removal; assessment of civil penalty

IC 3-6-5-1 Establishment
Sec. 1. (a) Except as provided in subsection (b), a board is established in each county of
the state known as the (name of county) county election board.
(b) A county election board is not established in the following counties:
(1) A county having a population of more than four hundred thousand (400,000) and
less than seven hundred thousand (700,000).
(2) A county having a population of more than one hundred eighty-five thousand
(185,000) and less than two hundred thousand (200,000).
[Pre-1986 Recodification Citation: 3-1-4-1 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.11; P.L.144-2001, SEC.2;
P.L.170-2002, SEC.4; P.L.119-2012, SEC.2; P.L.104-2022, SEC.2.

IC 3-6-5-2 Membership

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 Sec. 2. The following three (3) members comprise each county election board:
(1) The circuit court clerk, who is ex officio a member of the board.
(2) Two (2) persons appointed by the circuit court clerk, one (1) from each of the major
political parties of the county.
[Pre-1986 Recodification Citation: 3-1-4-2 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-3 Candidates for office as members of board or proxies of

record; circuit court clerk as member of candidate's committee
Sec. 3. (a) A person who is a candidate for elected office or a member of a candidate's
committee may not be appointed as:
(1) a member of a county election board;
(2) a proxy of record for a member under section 4.5 of this chapter; or
(3) an alternate proxy of record for a member under section 4.5 of this chapter.
(b) If an appointed member, a proxy, or an alternate proxy becomes:
(1) a candidate for elected office; or
(2) a member of a candidate's committee;
the member, proxy, or alternate proxy may not continue to serve on the county election
board.
(c) An appointed member, a proxy, or an alternate proxy may not hold elected office
while serving on the county election board.
(d) The circuit court clerk may not be a member of a candidate's committee other than the
clerk's own candidate's committee.
[Pre-1986 Recodification Citations: 3-1-4-2 part; 3-1-4-10(a) part, (b) part, (c).]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.24; P.L.3-1997, SEC.34;
P.L.9-2004, SEC.2; P.L.230-2005, SEC.6.

IC 3-6-5-4 Appointment of members; term of office

Sec. 4. The board members appointed by the circuit court clerk serve until their
successors are appointed and qualified.
[Pre-1986 Recodification Citation: 3-1-4-2 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.35.

IC 3-6-5-4.5 Proxy of record; alternate proxy

Sec. 4.5. (a) A member may appoint an individual to serve as a proxy of record in the
member's place as a member of the county election board by filing a written instrument
appointing the proxy of record with the circuit court clerk. The proxy of record has the same
authority to act and vote on all matters as does the member. The member may revoke the
authority of the proxy of record at any time. The authority of the proxy of record may be
either limited or general with regard to duration or subject matter as set forth by the member
in the written instrument appointing the proxy.
(b) If both the member and the member's proxy of record are unavailable, the member
may appoint another individual in writing to serve as an alternate proxy in the member's place
as a member of the county election board. The alternate proxy has the same authority to act
and vote on all matters as does the member. The member may revoke the authority of the
alternate proxy at any time. The authority of the alternate proxy may be either limited or
general with regard to duration or subject matter as set forth by the member in the written
instrument appointing the proxy.
As added by P.L.4-1991, SEC.14.

IC 3-6-5-5 Nominations by county chairmen

Sec. 5. The county chairman of each of the major political parties of a county may
nominate, in writing, a member of the chairman's party for appointment to the county election

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board. The circuit court clerk shall appoint the nominee to the board.
[Pre-1986 Recodification Citation: 3-1-4-2 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.36.

IC 3-6-5-6 Removal of member upon request of county chairman

Sec. 6. A circuit court clerk shall remove any member of the county election board upon
the request of the county chairman of the political party that nominated that member. The
clerk then shall appoint a new member nominated by the county chairman.
[Pre-1986 Recodification Citation: 3-1-4-2 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-7 Vacancies
Sec. 7. In case of a vacancy in the office of either appointee to a county election board,
the circuit court clerk shall, within five (5) days, send written notice of the vacancy to the
county chairman of the appointee's political party. The chairman may, within five (5) days
after receiving notice of the vacancy, nominate in writing a successor who shall be appointed.
If the chairman fails to make a nomination within the five (5) day period, the clerk shall,
within another five (5) days, appoint a member of the political party entitled to the
appointment.
[Pre-1986 Recodification Citation: 3-1-4-2 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.25; P.L.7-1990, SEC.2.

IC 3-6-5-8 Chairman of county election board; secretary

Sec. 8. The members of a county election board shall select one (1) of the appointed
members to serve as chairman. The circuit court clerk shall serve as secretary of the board.
[Pre-1986 Recodification Citation: 3-1-4-1 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-9 Compensation of members and secretary

Sec. 9. Each county fiscal body shall determine, in the manner provided by law, the
compensation of:
(1) the appointed members of the county election board; and
(2) the circuit court clerk for the clerk's services as secretary of the county election
board.
[Pre-1986 Recodification Citation: 3-1-4-9.1.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.12.

IC 3-6-5-10 Office space

Sec. 10. Each county executive shall furnish to the county election board necessary office
space either in the county courthouse or in some other conveniently located building.
[Pre-1986 Recodification Citation: 3-1-4-8.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-11 Chairman to call meetings

Sec. 11. The chairman of a county election board shall call a meeting of the board
whenever the chairman considers it necessary for the performance of the board's duties.
[Pre-1986 Recodification Citation: 3-1-4-3 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-12 Failure of chairman to call meeting

Sec. 12. If the chairman of a county election board for any reason fails to call a meeting
of the board, then the two (2) other members may meet to execute the powers and perform
the duties of the board.

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 [Pre-1986 Recodification Citation: 3-1-4-3 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-13 Minutes of meetings; inclusion of ballot styles with minutes

Sec. 13. (a) Each county election board shall keep minutes of all meetings of the board,
including a written record of the aye and nay vote of each member on all questions coming
before the board.
(b) The circuit court clerk shall permanently retain the board minutes.
(c) After ballots are printed by the county for each primary, general, municipal, or special
election, the clerk shall retain one (1) regular official ballot from each township in the county
and one (1) provisional ballot from any precinct in the county as part of the minutes.
[Pre-1986 Recodification Citation: 3-1-4-3 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.116-2018, SEC.1; P.L.278-2019, SEC.8.

IC 3-6-5-14 Powers and duties

Sec. 14. (a) Each county election board, in addition to duties otherwise prescribed by law,
shall do the following:
(1) Conduct all elections and administer the election laws within the county, except as
provided in IC 3-8-5 and IC 3-10-7 for town conventions and municipal elections in
certain small towns.
(2) Prepare all ballots.
(3) Distribute all ballots to all of the precincts in the county.
(b) Not later than the Monday before distributing ballots and voting systems to the
precincts in the county, the county election board shall notify the county chairman of each
major political party and, upon request, the chairman of any other bona fide political party
in the county, that sample ballots are available for inspection.
[Pre-1986 Recodification Citation: 3-1-4-4(a).]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.26; P.L.11-1988, SEC.1;
P.L.3-1993, SEC.13; P.L.12-1995, SEC.18; P.L.2-1996, SEC.5; P.L.3-1997, SEC.37;
P.L.221-2005, SEC.9; P.L.258-2013, SEC.18.

IC 3-6-5-14.5 Delegation of duties of circuit court clerk; resolution

Sec. 14.5. (a) The county election board, by unanimous vote of the entire membership of
the board, may adopt a resolution providing that certain duties and responsibilities exercised
by the circuit court clerk under this title shall be performed by an employee of the county
election board.
(b) A resolution adopted under this section:
(1) must specify the duties and responsibilities to be exercised by the election board
employee;
(2) may not be amended or repealed, except by unanimous vote of the entire
membership of the county election board; and
(3) expires sixty (60) days after the circuit court clerk who was a member of the county
election board when the resolution was adopted leaves office.
As added by P.L.3-1993, SEC.14.

IC 3-6-5-15 Political subdivisions with territory in more than one county;

duties of county election boards
Sec. 15. (a) Except as provided in subsection (b), this section applies when an election
is conducted in a political subdivision (as defined in IC 36-1-2-13 and other than a county)
that contains territory in more than one (1) county.
(b) This section does not apply to an election:
(1) conducted at the same time as a primary or general election during an
even-numbered year; or

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 (2) conducted in a town by a town election board under IC 3-10-7.
(c) To the extent authorized by this section, the county election board of the county that
contains the greatest percentage of population of the political subdivision shall conduct all
elections for the political subdivision. The county election board may designate polling
places for the election, which may be located in any county in which the political subdivision
is located, and shall appoint precinct election officers to conduct the election upon
nomination by the county chairman of the county where the precinct is located, or by filling
a vacancy if a nomination is not timely made. However, each county election board shall
provide poll lists for voters, receive and approve absentee ballot applications, issue
certificates of error or other documents for the voters of that county, print ballots for the
municipal or special election, and conduct activity required to canvass the votes under
IC 3-12-5-2(b).
[Pre-1986 Recodification Citation: 3-1-4-4(b).]
As added by P.L.5-1986, SEC.2. Amended by P.L.5-1989, SEC.6; P.L.219-2013, SEC.5;
P.L.74-2017, SEC.7.

IC 3-6-5-16 Budget estimates

Sec. 16. Each county election board shall prepare annually a budget estimate itemizing
its expenditures for the previous year and its estimates of the amount of money necessary to
be appropriated for the next year. The board shall submit the budget estimate at the time and
in the manner and form other county budget estimates are required to be filed.
[Pre-1986 Recodification Citation: 3-1-4-5(c).]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-17 Reports to election division; contents

Sec. 17. (a) Each county election board shall submit a report to the election division after
each primary, special, municipal, and general election describing the activities of the board
during the previous year. The board shall include the following in the report:
(1) Information relating to the expenses of office maintenance and elections within the
county or political subdivisions within the county.
(2) A copy of the statement of the county election board containing the votes cast for
each candidate and on each public question in each precinct at the last election
preceding the submission of the report.
(3) Any additional information relating to elections that the commission prescribes.
(b) The report described in subsection (a) must be transmitted to the election division
using the computerized list under IC 3-7-26.3 not later than fourteen (14) days after each
election.
(c) The election division shall send a copy of each report to the office not later than ten
(10) days after receiving the report.
[Pre-1986 Recodification Citation: 3-1-4-5(f).]
As added by P.L.5-1986, SEC.2. Amended by P.L.10-1988, SEC.8; P.L.3-1993, SEC.15;
P.L.2-1996, SEC.6; P.L.3-1997, SEC.38; P.L.212-2001, SEC.9; P.L.209-2003, SEC.14;
P.L.193-2021, SEC.7.

IC 3-6-5-17.5 Report concerning absentee ballots from overseas and

uniformed services voters
Sec. 17.5. (a) As required by 52 U.S.C. 20302(c), each county election board shall submit
a report to the election division after each general election setting forth the combined number
of absentee ballots:
(1) transmitted by the county election board to absent uniformed services voters and
overseas voters for the election; and
(2) returned by absent uniformed services voters and overseas voters and cast in the
election.

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 (b) The report must be:
(1) transmitted to the election division using the computerized list under IC 3-7-26.3
not later than fourteen (14) days after the election; and
(2) in the form prescribed by the federal Election Assistance Commission under Section
703(b) of HAVA (52 U.S.C. 20302 (note)).
As added by P.L.209-2003, SEC.15. Amended by P.L.128-2015, SEC.25; P.L.193-2021,
SEC.8.

IC 3-6-5-18 Circuit court clerk to perform duties of clerk or secretary

Sec. 18. Each circuit court clerk shall perform all duties imposed upon the clerk under this
title as a member of the county election board or as secretary of the board, except when the
clerk is acting as the registration officer of the county. Any such action taken by the clerk is
considered an action of the board.
[Pre-1986 Recodification Citation: 3-1-4-3 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-19 Circuit court clerk; exercise of powers and duties of board

Sec. 19. A circuit court clerk, with the approval of the county election board, shall
exercise the powers and perform the duties imposed upon the board whenever the facilities
of the clerk's office make it more reasonable and efficient for the clerk to do so. Any action
taken by the clerk with the approval of the board is considered an action of the board.
[Pre-1986 Recodification Citation: 3-1-4-3 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-20 Deputy election commissioners; appointment and removal;

residency
Sec. 20. A county election board may appoint and at its pleasure remove deputy election
commissioners. A deputy election commissioner appointed under this section must reside in
the county of the election board that appointed the deputy commissioner. If a deputy election
commissioner ceases to be a resident of the county of the election board that appointed the
deputy election commissioner, the person may not continue to serve as a deputy election
commissioner of the county.
[Pre-1986 Recodification Citation: 3-1-4-5(a) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.5-1989, SEC.7.

IC 3-6-5-21 Designation of deputy election commissioners by county

chairmen
Sec. 21. The county chairmen of the major political parties of a county shall designate the
deputy election commissioners. The deputy election commissioners must be divided equally
between the major political parties.
[Pre-1986 Recodification Citation: 3-1-4-5(a) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-22 Deputy election commissioner's duties

Sec. 22. The deputy election commissioners appointed under section 21 of this chapter
may assist the county election board in carrying out its duties in accordance with rules
adopted by the board.
[Pre-1986 Recodification Citation: 3-1-4-5(a) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-23 Clerks, custodians, and employees; students serving as

nonpartisan assistants
Sec. 23. (a) A county election board may appoint and at its pleasure remove clerks,

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custodians, and other employees that are necessary in the execution of its powers. The county
election board may determine the duties, rank, and salaries of its appointees.
(b) The county election board may employ students enrolled at postsecondary educational
institutions (including community colleges) to assist in the administration of elections by
serving as nonpartisan assistants, in accordance with the requirements of the Help America
Vote College Program conducted by the Election Assistance Commission under 52 U.S.C.
21121.
[Pre-1986 Recodification Citation: 3-1-4-5(b).]
As added by P.L.5-1986, SEC.2. Amended by P.L.209-2003, SEC.16; P.L.2-2007, SEC.9;
P.L.128-2015, SEC.26.

IC 3-6-5-24 Candidates for elected office; service as deputy election

commissioner or employment by county board
Sec. 24. A person who is a candidate for elected office may not be:
(1) appointed as a deputy election commissioner; or
(2) employed by a county election board.
If a deputy election commissioner or employee of a county election board becomes a
candidate for elected office, the person may not continue to serve as a deputy election
commissioner or employee of a county election board.
[Pre-1986 Recodification Citations: 3-1-4-10(a) part, (b) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.27.

IC 3-6-5-25 Audit of books of county election board

Sec. 25. The books of each county election board shall be audited as are the books of
other public officials of the county.
[Pre-1986 Recodification Citation: 3-1-4-5(e).]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-26 Examination of persons; administration of oaths

Sec. 26. A county election board may examine under oath any person with regard to a
material matter connected with the proper discharge of its duties. Any member of the board
may administer the oath.
[Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-27 Subpoena power

Sec. 27. A county election board may subpoena persons and papers and compel the
witnesses to answer under oath any questions that properly come before the board.
[Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-28 Service of process

Sec. 28. The sheriff of a county, for a general election, and the chief law enforcement
officer of a municipality, for a municipal election, shall serve all processes issued by a county
election board.
[Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-29 Refusal of person to attend or testify; court order; contempt

Sec. 29. If a person subpoenaed by a county election board refuses to attend or testify, the
board shall report that fact to a circuit or superior court of the county. The court shall order
the witness to attend and testify. If the witness fails or refuses to obey the order, the witness
shall be held in contempt.

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 [Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-30 Witness fees

Sec. 30. A witness who is subpoenaed by a county election board is entitled to be paid the
same mileage and fee to which witnesses in court actions are entitled. Mileage and fees shall
be paid as other election expenses are paid.
[Pre-1986 Recodification Citation: 3-1-4-7 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-31 Election law violations; investigation; action by board

Sec. 31. If a county election board determines that there is substantial reason to believe
an election law violation has occurred, it shall expeditiously make an investigation. If in the
judgment of the board, after affording due notice and an opportunity for a hearing, a person
has engaged or is about to engage in an act or practice that constitutes or will constitute a
violation of a provision of this title or of a rule or order issued under this title, the board shall
take the action it considers appropriate under the circumstances, including referring the
matter to the attorney general or the appropriate prosecuting attorney.
[Pre-1986 Recodification Citation: 3-4-5-18 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-32 Civil action by attorney general or prosecuting attorney;

injunctions
Sec. 32. Upon referral under section 31 of this chapter, the attorney general or prosecuting
attorney shall institute on behalf of the state a civil action for relief, including a permanent
or temporary injunction, restraining order, or other appropriate order in a circuit or superior
court in the county in which the person is found, resides, or transacts business. Upon a proper
showing that the person has engaged or is about to engage in the act or practice described by
section 31 of this chapter, the court shall grant a permanent or temporary injunction,
restraining order, or other order without bond.
[Pre-1986 Recodification Citation: 3-4-5-18 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-33 Assistance by law enforcement officers

Sec. 33. The county sheriff, the chief law enforcement officer of a municipality within the
county, and other law enforcement officers shall assist a county election board, upon request,
in the enforcement of the election laws and the discharge of its duties, including the use of
police radio and telephone service on election days.
[Pre-1986 Recodification Citation: 3-1-4-6.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-34 Appeal of county election board decision; time to file

Sec. 34. Except as expressly provided by statute, an appeal may be taken from a decision
of a county election board to the circuit court, superior court, or probate court. An appeal
taken under this section must be filed not later than thirty (30) days after the board makes the
decision subject to the appeal.
As added by P.L.230-2005, SEC.7. Amended by P.L.84-2016, SEC.3.

IC 3-6-5-35 Failure to perform duty as precinct election officer, absentee

voter board member, or absentee ballot counter; removal;
assessment of civil penalty
Sec. 35. (a) An individual who knowingly, recklessly, or negligently fails to perform a
duty as:

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 (1) a precinct election officer;
(2) an absentee voter board member; or
(3) an absentee ballot counter;
as required by this title is subject to a civil penalty under this section in addition to any other
penalty imposed.
(b) If the county election board determines, by unanimous vote of the entire membership
of the board, that an individual serving in a position described in subsection (a) has failed to
perform a duty required by this title, the board:
(1) may remove the individual from that position; and
(2) if the individual is removed, shall assess the individual a civil penalty of not more
than five hundred dollars ($500).
(c) A civil penalty assessed under this section may be deducted from any compensation
that the individual may otherwise be entitled to under IC 3-6-6.
As added by P.L.230-2005, SEC.8. Amended by P.L.278-2019, SEC.9; P.L.227-2023,
SEC.15.

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IC 3-6-5.1 Chapter 5.1. County Procedures for Resolving Administrative
Complaints Concerning Uniform and Nondiscriminatory
Election Technology and Administrative Requirements Under
Title III of HAVA

3-6-5.1-1 Repealed
3-6-5.1-2 "Title III"
3-6-5.1-3 County administrative complaint procedure established
3-6-5.1-4 Remedies supplement other remedies under IC 3
3-6-5.1-5 Procedures uniform and nondiscriminatory
3-6-5.1-6 Filing complaint with circuit court clerk
3-6-5.1-7 Form of complaint
3-6-5.1-8 Information required in complaint
3-6-5.1-9 Complaint provided to county election board and persons named in complaint
3-6-5.1-10 Dismissal of complaint filed concurrently with election division
3-6-5.1-11 Complaint against clerk filed with chair of county election board
3-6-5.1-12 Consolidation of complaints
3-6-5.1-13 Preliminary determination of validity of complaint; dismissal; notice of
dismissal
3-6-5.1-14 Persons to whom notice of dismissal provided
3-6-5.1-15 Investigation of complaints determined valid
3-6-5.1-16 Submission of investigation results to county election board; county election
board report; persons provided copies of report
3-6-5.1-17 Content of report
3-6-5.1-18 Hearing; record
3-6-5.1-19 County election board action after hearing
3-6-5.1-20 Dismissal of complaint after determination of no violation
3-6-5.1-21 County election board to provide remedy if authorized by law; dismissal of
complaint if remedy not authorized
3-6-5.1-22 Summary of county election board action; to whom provided

IC 3-6-5.1-1 Repealed
As added by P.L.209-2003, SEC.17. Repealed by P.L.230-2005, SEC.91.

IC 3-6-5.1-2 "Title III"

Sec. 2. As used in this chapter, "Title III" refers to Title III of HAVA (52 U.S.C. 21081
through 52 U.S.C. 21085).
As added by P.L.209-2003, SEC.17. Amended by P.L.128-2015, SEC.27.

IC 3-6-5.1-3 County administrative complaint procedure established

Sec. 3. This chapter establishes a county based administrative complaint procedure to
supplement the state based administrative complaint procedure under IC 3-6-4.5 to remedy
grievances concerning uniform and nondiscriminatory election technology and administrative
requirements under Title III. A person who files a complaint under this chapter retains the
right to file a complaint with the election division under IC 3-6-4.5.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-4 Remedies supplement other remedies under IC 3

Sec. 4. The remedies provided under this chapter are supplemental to any other remedies
provided to an aggrieved party under this title.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-5 Procedures uniform and nondiscriminatory

Sec. 5. The procedures prescribed by this chapter must be uniform and nondiscriminatory.
As added by P.L.209-2003, SEC.17.

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IC 3-6-5.1-6 Filing complaint with circuit court clerk
Sec. 6. A person who believes there is a violation of any provision of Title III, including
a violation that has occurred, is occurring, or is about to occur, may file a complaint with the
circuit court clerk of the county where the violation occurred, is occurring, or is about to
occur.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-7 Form of complaint

Sec. 7. A complaint filed under this chapter must be written, signed, and sworn to before
an individual authorized to administer an oath under IC 33-42-9.
As added by P.L.209-2003, SEC.17. Amended by P.L.98-2004, SEC.27; P.L.128-2017,
SEC.2.

IC 3-6-5.1-8 Information required in complaint

Sec. 8. The complaint filed under section 6 of this chapter must state the following:
(1) The name and mailing address of the person alleged to be committing the violation
of Title III described in the complaint.
(2) Whether the person filing the complaint has filed a complaint concerning the
violation with the election division under IC 3-6-4.5.
(3) The nature of the injury suffered (or about to be suffered) by the person filing the
complaint.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-9 Complaint provided to county election board and persons

named in complaint
Sec. 9. The circuit court clerk shall promptly provide a copy of the complaint by first
class mail to the members of the county election board and the persons identified in the
complaint.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-10 Dismissal of complaint filed concurrently with election division

Sec. 10. If the county election board is notified at any time that the person who filed a
complaint under this chapter has filed a complaint with the election division under IC 3-6-4.5
regarding this matter, the county election board shall dismiss the proceeding under this
chapter.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-11 Complaint against clerk filed with chair of county election

board
Sec. 11. This section applies if the complaint alleges that the circuit court clerk has
committed the violation. The aggrieved person shall file the complaint with the chair of the
county election board. The chair shall perform the duties otherwise performed by the circuit
court clerk concerning a complaint.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-12 Consolidation of complaints

Sec. 12. The county election board may consolidate complaints filed under this chapter.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-13 Preliminary determination of validity of complaint; dismissal;

notice of dismissal
Sec. 13. The circuit court clerk shall determine whether a complaint filed under this
chapter describes a violation of Title III if the facts set forth in the complaint are assumed to

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be true. The circuit court clerk may consult with the election division in making this
determination. If the circuit court clerk determines that:
(1) even if the facts set forth in the complaint are assumed to be true, there is no
violation of Title III; or
(2) that the person has not complied with section 7 of this chapter;
the circuit court clerk shall dismiss the complaint and publish notice of the order dismissing
the matter in accordance with IC 5-3-1.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-14 Persons to whom notice of dismissal provided

Sec. 14. If the circuit court clerk dismisses a complaint under section 13 of this chapter,
the circuit court clerk shall provide a copy of this determination by first class mail with
tracking to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation;
(3) the members of the county election board; and
(4) the election division.
As added by P.L.209-2003, SEC.17. Amended by P.L.227-2023, SEC.16.

IC 3-6-5.1-15 Investigation of complaints determined valid

Sec. 15. If the circuit court clerk determines that the complaint alleges a violation of Title
III if the facts alleged in the complaint are assumed to be true and that the person has
complied with section 7 of this chapter, the circuit court clerk shall conduct an investigation
under IC 3-6-5.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-16 Submission of investigation results to county election board;

county election board report; persons provided copies of
report
Sec. 16. The circuit court clerk, upon completing the investigation, shall submit the results
of the investigation to the county election board, which shall then issue a written report. The
circuit court clerk shall provide a copy of the report by first class mail with tracking to:
(1) the person who filed the complaint;
(2) the person alleged to have committed the violation;
(3) the members of the county election board; and
(4) the election division.
As added by P.L.209-2003, SEC.17. Amended by P.L.227-2023, SEC.17.

IC 3-6-5.1-17 Content of report

Sec. 17. The report described in section 16 of this chapter must:
(1) indicate the date when the complaint alleging the violation was received by the
county election board;
(2) contain findings of fact regarding the alleged violation and state whether a violation
of Title III has occurred or appeared to be likely to occur when the complaint was filed;
(3) state what steps, if any, the person alleged to have committed the violation has taken
to correct the violation or to prevent a reoccurrence of the violation;
(4) suggest any additional measures that could be taken to correct a violation;
(5) indicate the date when a violation was corrected or is expected to be corrected; and
(6) provide any additional information or recommendations useful in resolving this
complaint.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-18 Hearing; record

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 Sec. 18. At the request of the person filing a complaint, or at the request of a member of
the county election board, the board shall conduct a hearing on the complaint and prepare a
record of the hearing. This request must be filed not later than noon seven (7) days after the
report was mailed under section 16 of this chapter.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-19 County election board action after hearing

Sec. 19. After concluding the hearing, the county election board shall:
(1) affirm the report;
(2) amend the report;
(3) refer the matter to the circuit court clerk for further investigation and submission
of a subsequent report to the county election board; or
(4) refer the matter to the election division.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-20 Dismissal of complaint after determination of no violation

Sec. 20. If the county election board determines that based on the evidence presented,
there is no violation of any provision of Title III or that the person has not complied with
section 7 of this chapter, the county election board shall dismiss the complaint and publish
notice of the order dismissing the matter in accordance with IC 5-3-1.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-21 County election board to provide remedy if authorized by law;

dismissal of complaint if remedy not authorized
Sec. 21. If the county election board determines that there is a violation of any provision
of Title III, the county election board shall determine and provide the appropriate remedy if
authorized by law to do so. If the county election board determines that it is not authorized
by law to provide the appropriate remedy, the county election board shall dismiss the
complaint.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-22 Summary of county election board action; to whom provided

Sec. 22. The county election board shall forward a written summary of any action taken
by the commission under section 20 or 21 of this chapter by first class mail with tracking to:
(1) the person who filed the complaint;
(2) the person alleged to have committed the violation; and
(3) the election division.
As added by P.L.209-2003, SEC.17. Amended by P.L.227-2023, SEC.18.

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IC 3-6-5.2 Chapter 5.2. Combined County Election Board and Board of
Registration

3-6-5.2-1 Applicability of chapter

3-6-5.2-2 "Board" defined
3-6-5.2-3 Name of board
3-6-5.2-4 Membership of board
3-6-5.2-4.5 Candidates for office as members of board or proxies of record; circuit court
clerk as member of candidate's committee
3-6-5.2-5 Compensation
3-6-5.2-6 Powers of board; duties of director
3-6-5.2-7 Director
3-6-5.2-8 Attorney to provide legal services to board
3-6-5.2-9 Appeal of board decision; time to file
3-6-5.2-10 Small precincts; consolidation of precincts; commission duties; secretary of
state duties

IC 3-6-5.2-1 Applicability of chapter

Sec. 1. This chapter applies to a county having a population of more than four hundred
thousand (400,000) and less than seven hundred thousand (700,000).
As added by P.L.3-1993, SEC.16. Amended by P.L.11-2023, SEC.3.

IC 3-6-5.2-2 "Board" defined

Sec. 2. As used in this chapter, "board" refers to the board of elections and registration
established by section 3 of this chapter.
As added by P.L.3-1993, SEC.16. Amended by P.L.176-1999, SEC.4.

IC 3-6-5.2-3 Name of board

Sec. 3. The board of elections and registration is established and shall be known as the
____________ (name of county) board of elections and registration.
As added by P.L.3-1993, SEC.16. Amended by P.L.176-1999, SEC.5.

IC 3-6-5.2-4 Membership of board

Sec. 4. The combined board is comprised of the following five (5) members:
(1) The county chairmen of the major political parties of the county shall each appoint
two (2) members of the board. Members of the board appointed under this subdivision
must be voters of the county and serve a term of two (2) years or until their successors
are appointed.
(2) The circuit court clerk, who is an ex officio member of the board.
As added by P.L.3-1993, SEC.16.

IC 3-6-5.2-4.5 Candidates for office as members of board or proxies of

record; circuit court clerk as member of candidate's committee
Sec. 4.5. (a) A person who is a candidate for elected office or a member of a candidate's
committee may not be appointed as a member of the board.
(b) If an appointed member becomes a:
(1) candidate for elected office; or
(2) member of a candidate's committee;
the member may not continue to serve on the board.
(c) An appointed member may not hold elected office while a member of the board.
(d) The circuit court clerk may not be a member of a candidate's committee other than the
clerk's own candidate's committee.
As added by P.L.9-2004, SEC.3. Amended by P.L.230-2005, SEC.9.

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IC 3-6-5.2-5 Compensation
Sec. 5. Each member of the board shall be paid an annual salary of not less than ten
thousand dollars ($10,000). The salaries of the board members shall be fixed in the manner
prescribed by IC 36-2-5 or IC 36-3-6 and paid out of the county general fund in accordance
with IC 3-5-3-1 as other election expenses are paid.
As added by P.L.3-1993, SEC.16. Amended by P.L.176-1999, SEC.6.

IC 3-6-5.2-6 Powers of board; duties of director

Sec. 6. (a) The board has all of the powers and duties given in this title (and powers and
duties concerning elections or voter registration given in other titles of the Indiana Code) to
the following:
(1) The county election board.
(2) The board of registration.
(3) The circuit court clerk.
(4) The county executive.
(b) The director appointed under section 7 of this chapter shall perform all the duties of
the circuit court clerk under this title and perform the election or voter registration duties of
the circuit court clerk under other titles of the Indiana Code. The board shall perform all the
duties of the county executive under this title and perform the election duties of the county
executive under other titles of the Indiana Code.
As added by P.L.3-1993, SEC.16. Amended by P.L.13-1995, SEC.1; P.L.176-1999, SEC.7;
P.L.26-2000, SEC.3.

IC 3-6-5.2-7 Director
Sec. 7. (a) The board may vest day to day operations in a director of the board and in an
assistant director of the board.
(b) The director of the board is appointed by the county chairman of the political party
whose nominee received the highest number of votes in the county for secretary of state in
the last election.
(c) The assistant director of the board is appointed by the county chairman of the political
party whose nominee received the second highest number of votes in the county for secretary
of state in the last election.
(d) The assistant director shall receive an annual salary of not less than two thousand
dollars ($2,000) less than the salary of the director.
(e) The board shall establish the number and compensation of the employees of the board.
The county chairman of each of the major political parties in the county shall appoint
one-half (1/2) of the board employees. The director, the assistant director, and the board
employees serve at the pleasure of their respective appointing authorities.
As added by P.L.3-1993, SEC.16. Amended by P.L.176-1999, SEC.8.

IC 3-6-5.2-8 Attorney to provide legal services to board

Sec. 8. The board may, by a vote of a majority of the members of the board, hire attorneys
to provide legal services for the board, as determined by the board.
As added by P.L.176-1999, SEC.9. Amended by P.L.230-2005, SEC.10.

IC 3-6-5.2-9 Appeal of board decision; time to file

Sec. 9. Except as expressly provided by statute, an appeal may be taken from a decision
of the board to the circuit court, superior court, or probate court. An appeal taken under this
section must be filed not later than thirty (30) days after the board makes the decision subject
to the appeal.
As added by P.L.230-2005, SEC.11. Amended by P.L.84-2016, SEC.4.

IC 3-6-5.2-10 Small precincts; consolidation of precincts; commission duties;

Indiana Code 2023

 secretary of state duties
Sec. 10. (a) Except as provided in subsection (d), not later than August 1, 2018, and not
later than July 1 each year immediately following a year in which presidential electors are
chosen, the secretary of state shall determine the following:
(1) Which precincts within the county had fewer than six hundred (600) active voters
(as defined in IC 3-11-18.1-2) as of November 1 of the preceding year.
(2) Whether compliance with the precinct boundary standards set forth in IC 3-11-1.5-4
or IC 3-11-1.5-5 would prevent the combination of a precinct described in subdivision
(1) with one (1) or more adjoining precincts.
(3) The potential savings in the administration of elections resulting from the
combination of precincts under this section.
Notwithstanding IC 3-11-1.5, the secretary of state shall issue an order to consolidate
precincts within the county that is consistent with the standards stated in this subsection and
shall file the order with the board and the election division.
(b) The order issued by the secretary of state must do both of the following:
(1) Realize savings for the county.
(2) Not impose unreasonable obstacles on the ability of the voters of the county to vote
at the polls.
(c) An order issued under subsection (a) takes effect January 1, 2019, and September 1
each year following the year in which presidential electors are chosen.
(d) Not later than July 1, 2018, the commission shall adopt a precinct establishment order
for the county that the commission considers will do both of the following:
(1) Realize savings for the county.
(2) Not impose unreasonable obstacles on the ability of the voters of the county to vote
at the polls.
If the commission adopts an order under this subsection, the order takes effect January 1,
2019. If the commission does not adopt an order under this subsection, the secretary of state
shall issue an order as provided in subsection (a).
As added by P.L.262-2017, SEC.1. Amended by P.L.210-2018, SEC.1.

Indiana Code 2023

IC 3-6-5.4 Chapter 5.4. Tippecanoe County Board of Elections and
Registration

3-6-5.4-1 Applicability of chapter

3-6-5.4-2 "Board" defined
3-6-5.4-3 Establishment; name
3-6-5.4-4 Members
3-6-5.4-4.5 Candidates for office as members of board or proxies of record; circuit court
clerk as member of candidate's committee
3-6-5.4-5 Powers and duties
3-6-5.4-6 Appointment of deputy
3-6-5.4-7 Appointment of employees
3-6-5.4-8 Unified budget
3-6-5.4-9 Applicability of title
3-6-5.4-10 Appeal of board decision; time to file

IC 3-6-5.4-1 Applicability of chapter

Sec. 1. This chapter applies to a county having a population of more than one hundred
eighty-five thousand (185,000) and less than two hundred thousand (200,000).
As added by P.L.144-2001, SEC.3. Amended by P.L.170-2002, SEC.5; P.L.119-2012,
SEC.3; P.L.104-2022, SEC.3.

IC 3-6-5.4-2 "Board" defined

Sec. 2. As used in this chapter, "board" refers to the board of elections and registration
established by section 3 of this chapter.
As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-3 Establishment; name

Sec. 3. (a) The board of elections and registration is established for the county.
(b) The board shall be known as the (name of the county) board of elections and
registration.
As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-4 Members
Sec. 4. (a) The board consists of the following:
(1) One (1) member appointed by the county chairman of each of the major political
parties of the county. A member appointed under this subdivision must be a voter of
the county.
(2) The circuit court clerk, who serves as an ex officio member of the board.
(b) The board members serving under subsection (a)(1) serve at the pleasure of their
respective county chairman.
As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-4.5 Candidates for office as members of board or proxies of

record; circuit court clerk as member of candidate's committee
Sec. 4.5. (a) A person who is a candidate for elected office or a member of a candidate's
committee may not be appointed as a member of the board.
(b) If an appointed member becomes a:
(1) candidate for elected office; or
(2) member of a candidate's committee;
the member may not continue to serve on the board.
(c) An appointed member may not hold elected office while a member of the board.
(d) The circuit court clerk may not be a member of a candidate's committee other than the
clerk's own candidate's committee.

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As added by P.L.9-2004, SEC.4. Amended by P.L.230-2005, SEC.12.

IC 3-6-5.4-5 Powers and duties

Sec. 5. (a) The board has all the powers and duties given in this title to the following:
(1) The county election board.
(2) The board of registration.
(3) The county executive.
(b) The circuit court clerk shall perform all the duties of the circuit court clerk under this
title.
As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-6 Appointment of deputy

Sec. 6. Each board member described in section 4(a)(1) of this chapter may, subject to
the approval of the county chairman that appointed the board member, appoint a deputy to
assist the board member.
As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-7 Appointment of employees

Sec. 7. (a) The board shall appoint employees to perform the board's election and
registration duties under this title.
(b) The board may appoint an individual as an employee only upon the nomination by the
county chairman of one (1) of the major political parties of the county.
(c) The staff of the board must be equally divided between the major political parties of
the county.
(d) The board may designate and assign an employee to election or registration duties
subject to the consent of the county chairman that nominated the employee to be a member
of the staff.
(e) An employee of the board may be cross-trained and assist other employees of the
board with other duties subject to the direction of the board.
(f) The board shall make final determinations with respect to the duties and assignments
of employees of the board.
As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-8 Unified budget

Sec. 8. The county shall establish a unified budget for the board that includes all expenses
of conducting elections, registering voters, paying board employees, and compensating board
member expenses.
As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-9 Applicability of title

Sec. 9. Subject to this chapter, this title applies to the operation of the board relating to
conducting elections and registering voters.
As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-10 Appeal of board decision; time to file

Sec. 10. Except as expressly provided by statute, an appeal may be taken from a decision
of the board to the circuit court, superior court, or probate court. An appeal taken under this
section must be filed not later than thirty (30) days after the board makes the decision subject
to the appeal.
As added by P.L.230-2005, SEC.13. Amended by P.L.84-2016, SEC.5.

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IC 3-6-5.6 Chapter 5.6. Porter County Board of Elections and
Registration

3-6-5.6-1 Application of chapter

3-6-5.6-1.1 Transition from county election board to board of elections and registration;
expiration
3-6-5.6-2 "Board"
3-6-5.6-3 Establishment of board of elections and registration
3-6-5.6-4 Board composition
3-6-5.6-5 Persons not eligible to serve on board
3-6-5.6-6 Board member annual salary
3-6-5.6-7 Powers and duties of board
3-6-5.6-8 Board director and assistant director; qualifications; appointment of
employees; salaries
3-6-5.6-9 Hiring legal services for board
3-6-5.6-10 Appeal of board decisions

IC 3-6-5.6-1 Application of chapter

Sec. 1. This chapter applies to a county having a population of more than one hundred
seventy thousand (170,000) and less than one hundred seventy-four thousand (174,000).
As added by P.L.170-2019, SEC.4. Amended by P.L.104-2022, SEC.4.

IC 3-6-5.6-1.1 Transition from county election board to board of elections

and registration; expiration
Sec. 1.1. (a) On July 1, 2019, the county election board is abolished and all of its
functions, powers, and duties are transferred to the board established by section 3 of this
chapter.
(b) On July 1, 2019, the records, property, and appropriations of the county election board
are transferred to the board established by section 3 of this chapter.
(c) This section expires July 1, 2024.
As added by P.L.170-2019, SEC.4.

IC 3-6-5.6-2 "Board"
Sec. 2. As used in this chapter, "board" refers to the board of elections and registration
established by section 3 of this chapter.
As added by P.L.170-2019, SEC.4.

IC 3-6-5.6-3 Establishment of board of elections and registration

Sec. 3. The board of elections and registration is established and shall be known as the
____________ (name of county) board of elections and registration.
As added by P.L.170-2019, SEC.4.

IC 3-6-5.6-4 Board composition

Sec. 4. The board is comprised of the following five (5) members:
(1) The county chairmen of the major political parties of the county shall each appoint
two (2) members of the board. Members of the board appointed under this subdivision:
(A) must be voters of the county; and
(B) serve a term of two (2) years or until their successors are appointed.
(2) The circuit court clerk, who is an ex officio member of the board.
As added by P.L.170-2019, SEC.4. Amended by P.L.156-2020, SEC.1.

IC 3-6-5.6-5 Persons not eligible to serve on board

Sec. 5. (a) A person who is a candidate for elected office or a member of a candidate's
committee may not be appointed as a member of the board.

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 (b) If an appointed member becomes a:
(1) candidate for elected office; or
(2) member of a candidate's committee;
the member may not continue to serve on the board.
(c) An appointed member may not hold elected office while a member of the board.
(d) The circuit court clerk may not be a member of a candidate's committee other than the
clerk's own candidate's committee.
As added by P.L.170-2019, SEC.4.

IC 3-6-5.6-6 Board member annual salary

Sec. 6. Each member of the board shall be paid an annual salary of not less than five
thousand dollars ($5,000). The salaries of the board members shall be fixed in the manner
prescribed by IC 36-2-5 and paid out of the county general fund in accordance with
IC 3-5-3-1 as other election expenses are paid.
As added by P.L.170-2019, SEC.4.

IC 3-6-5.6-7 Powers and duties of board

Sec. 7. (a) The board has all of the powers and duties given in this title (and powers and
duties concerning elections or voter registration given in other titles of the Indiana Code) to
the following:
(1) The county election board.
(2) The board of registration.
(3) The circuit court clerk.
(4) The county executive.
(b) The director appointed under section 8 of this chapter shall perform all the duties of
the circuit court clerk under this title and perform the election or voter registration duties of
the circuit court clerk under other titles of the Indiana Code. The board shall perform all the
duties of the county executive under this title and perform the election duties of the county
executive under other titles of the Indiana Code.
As added by P.L.170-2019, SEC.4.

IC 3-6-5.6-8 Board director and assistant director; qualifications;

appointment of employees; salaries
Sec. 8. (a) The board may vest day to day operations in a director of the board and in an
assistant director of the board.
(b) The circuit court clerk shall appoint the director and the assistant director, subject to
the following:
(1) The director and the assistant director may not be members of the same political
party.
(2) The appointment of the director and the assistant director is subject to the approval
of the board, as follows:
(A) At least three (3) members of the board must approve the appointment of the
director and the assistant director.
(B) At least two (2) of the board members who vote to approve an appointment may
not be members of the same political party.
(c) The assistant director shall receive an annual salary of not less than two thousand
dollars ($2,000) less than the salary of the director.
(d) The number and compensation of the employees of the board shall be fixed in the
manner prescribed by IC 36-2-5 and paid out of the county general fund in accordance with
IC 3-5-3-1 as other election expenses are paid.
(e) The director and the assistant director shall each appoint one-half (1/2) of the board
employees, subject to the following:
(1) A board employee may not be a relative (as defined in IC 3-6-5.9-3) of either

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 individual making an appointment under this section.
(2) At least three (3) members of the board must approve the appointment of an
employee.
(3) At least two (2) of the board members who vote to approve an appointment may not
be members of the same political party.
(f) The director and the assistant director serve at the pleasure of the appointing clerk. The
board employees serve at the pleasure of the appointing director or assistant director
respectively.
As added by P.L.170-2019, SEC.4.

IC 3-6-5.6-9 Hiring legal services for board

Sec. 9. The board may, by a vote of a majority of the members of the board, hire attorneys
to provide legal services for the board, as determined by the board.
As added by P.L.170-2019, SEC.4.

IC 3-6-5.6-10 Appeal of board decisions

Sec. 10. Except as expressly provided by statute, an appeal may be taken from a decision
of the board to the circuit court or superior court of the county. An appeal taken under this
section must be filed not later than thirty (30) days after the board makes the decision subject
to the appeal.
As added by P.L.170-2019, SEC.4.

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IC 3-6-5.9 Chapter 5.9. Appointment of Members of County Election
Boards and Boards of Elections and Registration

3-6-5.9-1 Application of chapter

3-6-5.9-2 "Board"
3-6-5.9-3 "Relative"
3-6-5.9-4 Appointed member of board may not be relative of any appointing authority

IC 3-6-5.9-1 Application of chapter

Sec. 1. (a) This chapter applies only to an appointed member of a board.
(b) This chapter does not apply to a member of a board who serves on the board by virtue
of the office the individual holds.
As added by P.L.170-2019, SEC.5.

IC 3-6-5.9-2 "Board"
Sec. 2. As used in this chapter, "board" refers to any of the following:
(1) A county election board.
(2) A board of elections and registration.
As added by P.L.170-2019, SEC.5.

IC 3-6-5.9-3 "Relative"
Sec. 3. As used in this chapter, "relative" of an individual refers to any of the following:
(1) The individual's spouse.
(2) A parent of the individual or a parent of the individual's spouse.
(3) A child of the individual or a child of the individual's spouse.
(4) A sibling of the individual or a sibling of the individual's spouse.
(5) An aunt or an uncle of the individual or an aunt or an uncle of the individual's
spouse.
(6) A niece or nephew of the individual or a niece or nephew of the individual's spouse.
(7) A grandparent of the individual or a grandparent of the individual's spouse.
(8) A grandchild of the individual or a grandchild of the individual's spouse.
As added by P.L.170-2019, SEC.5.

IC 3-6-5.9-4 Appointed member of board may not be relative of any

appointing authority
Sec. 4. An appointed member of a board may not be a relative of any individual that has
the authority to appoint a member of the board.
As added by P.L.170-2019, SEC.5.

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IC 3-6-6 Chapter 6. Precinct Election Officers

3-6-6-1 Precinct election board; members; appointment; chairman

3-6-6-2 Poll clerks; appointment
3-6-6-3 Assistant poll clerks; appointment
3-6-6-4 Precincts for which assistant clerks appointed; resolution
3-6-6-5 Election sheriffs; appointment
3-6-6-5.5 Precinct election officers in vote center counties
3-6-6-6 Election officers entitled to vote
3-6-6-7 Requirements for election officers and inspectors
3-6-6-8 Inspector; nomination by county chairman
3-6-6-9 Election officers; nomination by county chairmen
3-6-6-10 Filing nominations
3-6-6-11 Appointment of persons nominated; nonapplicability to office of precinct
inspector
3-6-6-12 Repealed
3-6-6-13 Filling vacancy in precinct election office by county election board; filling
vacancy with student
3-6-6-14 Filling vacancy by remaining members
3-6-6-15 Notification of appointment
3-6-6-16 Filling vacancy; approval or nomination by county chairman; issuance of
credentials
3-6-6-17 Delivery of office to person appointed by county election board
3-6-6-18 Inspector or judge; requirement of oath
3-6-6-19 Taking and administering oath
3-6-6-20 Administering of oath when no authorized person present
3-6-6-21 Oaths; requirements
3-6-6-22 Jurat of person administering oath; attachment of oath to poll list
3-6-6-23 Form of oath for precinct election officers
3-6-6-24 Repealed
3-6-6-25 Compensation
3-6-6-26 Additional compensation for inspector
3-6-6-26.5 Repealed
3-6-6-27 County executive to fix compensation; exception
3-6-6-28 Eligibility for compensation; compliance with certain statutes
3-6-6-29 Determination of good cause for violation of IC 3-12-2-7
3-6-6-30 Duties of precinct election board
3-6-6-31 Meals or meal allowances
3-6-6-32 Precincts using paper ballots; initialing and giving out ballots; duties of clerks
3-6-6-33 Tallying votes; signing returns or other certificates
3-6-6-34 Precincts using paper ballots; duties of poll clerks and assistant poll clerks
3-6-6-35 Duties of election sheriffs
3-6-6-36 Law enforcement officers prohibited from polls
3-6-6-37 Status of appointment of precinct election officer; expiration of appointment;
may not serve as challenger, pollbook holder, or watcher; not lucrative office
3-6-6-38 Omitted precinct election officers; vacancy in office of sheriff
3-6-6-38.5 Inspectors; shared location
3-6-6-39 Certain students serving as election officers and assistants
3-6-6-40 Training precinct election officers; content of training; training waiver

IC 3-6-6-1 Precinct election board; members; appointment; chairman

Sec. 1. (a) Except as otherwise provided by law, each county election board shall appoint
a precinct election board for each precinct in the county.
(b) A precinct election board consists of the following:
(1) One (1) inspector.
(2) Two (2) judges.
(c) Each county chairman of a major political party of the county is entitled to nominate
one (1) judge under section 9 of this chapter.
(d) Each inspector and judge must be a voter of the county.

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 (e) The inspector serves as the chairman of the precinct election board.
[Pre-1986 Recodification Citation: 3-1-5-1(a).]
As added by P.L.5-1986, SEC.2. Amended by P.L.176-1999, SEC.10.

IC 3-6-6-2 Poll clerks; appointment

Sec. 2. (a) Except as provided in section 38 of this chapter, each county election board
shall appoint two (2) poll clerks for each precinct in the county.
(b) Each county chairman of a major political party of the county is entitled to nominate
one (1) poll clerk under section 9 of this chapter.
(c) Except as provided in section 39 of this chapter, the poll clerks must be voters of the
county.
[Pre-1986 Recodification Citation: 3-1-5-2(a) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.176-1999, SEC.11; P.L.126-2002, SEC.12.

IC 3-6-6-3 Assistant poll clerks; appointment

Sec. 3. (a) Each county election board may appoint two (2) assistant poll clerks in each
precinct.
(b) Each county chairman of a major political party of the county is entitled to nominate
one (1) assistant poll clerk under section 9 of this chapter.
(c) Except as provided in subsection (d), the assistant poll clerks must be voters of the
county.
(d) The county election board may permit a person who is not a voter to be an assistant
poll clerk if the person is:
(1) at least sixteen (16) years of age, but not more than seventeen (17) years of age; and
(2) a resident of the county.
[Pre-1986 Recodification Citations: 3-1-5-2(a) part; 3-1-5-5 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.28; P.L.4-1991, SEC.15;
P.L.176-1999, SEC.12.

IC 3-6-6-4 Precincts for which assistant clerks appointed; resolution

Sec. 4. A county election board shall adopt a written resolution not later than twenty-eight
(28) days before election day designating the precincts for which assistant clerks are to be
appointed. The county election board shall file a copy of the resolution in the office of the
circuit court clerk and shall mail copies to the county chairmen of the major political parties
of the county.
[Pre-1986 Recodification Citations: 3-1-5-2(b) part; 3-1-5-5 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.39; P.L.126-2002, SEC.13.

IC 3-6-6-5 Election sheriffs; appointment

Sec. 5. (a) Except as provided in section 38 of this chapter, each county election board
shall appoint two (2) election sheriffs for each precinct in the county.
(b) Each county chairman of a major political party of the county is entitled to nominate
one (1) election sheriff under section 9 of this chapter.
(c) Except as provided in section 39 of this chapter, the sheriffs must be voters of the
county.
[Pre-1986 Recodification Citation: 3-1-5-8(a) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.17; P.L.14-1995, SEC.1;
P.L.176-1999, SEC.13; P.L.126-2002, SEC.14.

IC 3-6-6-5.5 Precinct election officers in vote center counties

Sec. 5.5. (a) This section applies in a county using vote centers under IC 3-11-18.1.
(b) The county vote center plan:
(1) may use other titles to designate precinct election officers; and

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 (2) must specify which precinct election officer is to perform a duty required under this
title to be performed by a precinct election officer.
(c) A precinct election officer in a vote center county shall comply with section 7 of this
chapter.
As added by P.L.258-2013, SEC.19.

IC 3-6-6-6 Election officers entitled to vote

Sec. 6. Each inspector, judge, poll clerk, assistant poll clerk, and election sheriff who is:
(1) a voter of the county; and
(2) not a resident of the precinct;
is entitled to vote by absentee ballot.
[Pre-1986 Recodification Citations: 3-1-5-1(b); 3-1-5-2(d); 3-1-5-8(c).]
As added by P.L.5-1986, SEC.2. Amended by P.L.126-2002, SEC.15.

IC 3-6-6-7 Requirements for election officers and inspectors

Sec. 7. (a) An otherwise qualified person is eligible to serve as a precinct election officer
unless any of the following apply:
(1) The person is unable to read, write, and speak the English language.
(2) The person has any property bet or wagered on the result of the election.
(3) The person is a candidate to be voted for at the election in the precinct, except as
an unopposed candidate for a precinct committeeman or state convention delegate.
(4) The person is the spouse, parent, father-in-law, mother-in-law, child, son-in-law,
daughter-in-law, grandparent, grandchild, brother, sister, brother-in-law, sister-in-law,
uncle, aunt, nephew, or niece of a candidate or declared write-in candidate to be voted
for at the election in that precinct. This subdivision disqualifies a person whose
relationship to the candidate is the result of birth, marriage, or adoption. This
subdivision does not disqualify a person from serving as a precinct election officer if
the candidate to whom the person is related is an unopposed candidate. For purposes
of this subdivision, an "unopposed candidate" includes an individual whose nomination
to an office at a primary election is unopposed by any other candidate within the same
political party.
(5) The person did not attend training required by section 40 of this chapter.
(b) In addition to the requirements of subsection (a), a person is not eligible to serve as
an inspector if the person is the chairman or treasurer of the committee of a candidate whose
name appears on the ballot.
(c) The county election board may, upon the unanimous vote of the entire membership
of the county election board, adopt a resolution to permit individuals who are:
(1) opposed candidates for precinct committeeman or state convention delegate; or
(2) related, as described in subsection (a)(4), to opposed candidates for precinct
committeeman or state convention delegate;
notwithstanding subsection (a)(3) and (a)(4), to serve as a precinct election officer if the
county election board finds that enough individuals are not available to serve as precinct
election officers if the restrictions of those provisions are applied. A resolution adopted under
this subsection expires December 31 of the year that the resolution is adopted.
[Pre-1986 Recodification Citations: 3-1-5-1(c); 3-1-5-2(c); 3-1-5-8(b); 3-1-4-10(a) part, (b) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.29; P.L.5-1989, SEC.8;
P.L.4-1991, SEC.16; P.L.3-1993, SEC.18; P.L.11-1997, SEC.1; P.L.3-1997, SEC.40;
P.L.199-2001, SEC.2; P.L.14-2004, SEC.9; P.L.227-2023, SEC.19.

IC 3-6-6-8 Inspector; nomination by county chairman

Sec. 8. The county chairman of the major political party whose candidate for the office
of secretary of state received the highest vote in the county at the last election may nominate
a voter for the office of inspector.

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 [Pre-1986 Recodification Citation: 3-1-5-11 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-9 Election officers; nomination by county chairmen

Sec. 9. The county chairmen of the major political parties of a county may nominate
individuals who meet the requirements of section 7 or 39 of this chapter for the following
precinct election offices who will serve in the precinct on election day:
(1) Judge.
(2) Poll clerk.
(3) Assistant poll clerk.
(4) Election sheriff.
[Pre-1986 Recodification Citation: 3-1-5-11 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.126-2002, SEC.16.

IC 3-6-6-10 Filing nominations

Sec. 10. (a) A county chairman may make nominations for precinct election offices by
filing the nominations in writing with the circuit court clerk not later than noon twenty-one
(21) days before the election.
(b) This subsection does not apply to the office of precinct inspector. A county chairman
may specify in the nomination of an individual for a precinct election office that the
individual is nominated to serve until noon on election day and that another individual is
nominated to serve in the same precinct election office beginning at noon on election day
until the expiration of the term of the office under section 37(b) of this chapter.
[Pre-1986 Recodification Citation: 3-1-5-11 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.30; P.L.10-1988, SEC.9;
P.L.176-1999, SEC.14; P.L.126-2002, SEC.17.

IC 3-6-6-11 Appointment of persons nominated; nonapplicability to office

of precinct inspector
Sec. 11. (a) A county election board shall appoint the individuals who are nominated for
precinct election offices by the county chairmen if the individuals are otherwise eligible
under this chapter to serve in the precinct election offices for which they are nominated.
(b) This subsection does not apply to the office of precinct inspector. This subsection
applies to an appointment to a precinct election office made following a nomination by a
county chairman under this chapter. The county election board shall provide that an
appointment of an individual to a precinct election office:
(1) expires at noon on election day; or
(2) begins at noon on election day and expires under section 37(b) of this chapter;
if the nomination made by the county chairman specifies that the nomination is made for a
term that begins or expires at those times.
(c) This subsection does not apply to the office of precinct inspector. This subsection
applies to an appointment to a precinct election office made by a county election board under
section 13(b) of this chapter. The county election board may appoint an individual to a
precinct election office for a term that:
(1) expires at noon on election day; or
(2) begins at noon on election day and expires under section 37(b) of this chapter.
[Pre-1986 Recodification Citation: 3-1-5-11 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.176-1999, SEC.15; P.L.126-2002, SEC.18.

IC 3-6-6-12 Repealed
[Pre-1986 Recodification Citation: 3-1-5-1(e).]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.31; P.L.3-1997, SEC.41;
P.L.216-2015, SEC.2. Repealed by P.L.227-2023, SEC.20.

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IC 3-6-6-13 Filling vacancy in precinct election office by county election
board; filling vacancy with student
Sec. 13. (a) A county election board shall fill a vacancy in a precinct election office
before the hour set for the opening of the polls, upon the nomination of the appropriate
county chairman.
(b) This subsection applies to a precinct election office when, at noon, twenty-one (21)
days before election day, the appropriate county chairman has made no nomination for the
office. The county election board, by majority vote of the board, may fill the office by
appointing an individual who would be eligible to serve in the office if nominated by the
county chairman.
(c) If a vacancy is filled by the county election board under subsection (b), the board may,
by unanimous vote of the entire membership of the board, fill the office by appointing a
student:
(1) enrolled at a postsecondary educational institution (including a community college);
and
(2) who is a registered voter of the county;
to serve as a nonpartisan precinct election officer.
(d) If a vacancy is filled by the county election board under subsection (b) (other than
inspector), the board may, by unanimous vote of the entire membership of the board, fill the
office by appointing a person eligible to serve as a precinct election officer (other than
inspector) under section 39 of this chapter.
[Pre-1986 Recodification Citation: 3-1-5-11 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1995, SEC.13; P.L.126-2002, SEC.19;
P.L.209-2003, SEC.18; P.L.14-2004, SEC.10; P.L.2-2007, SEC.10; P.L.194-2013, SEC.5;
P.L.108-2021, SEC.1.

IC 3-6-6-14 Filling vacancy by remaining members

Sec. 14. (a) This section does not apply to a vacancy in the office of election sheriff in a
precinct that is subject to a resolution adopted under section 5 of this chapter.
(b) If a precinct election officer fails to appear at the hour set for the opening of the polls,
or if a precinct election office becomes vacant during election day, the remaining members
of the precinct election board shall fill the vacancy upon the nomination of the highest
ranking precinct election officer nominated by the county chairman of the same political
party whose county chairman was entitled to nominate the holder of the office to be filled.
(c) If a county chairman fails to nominate the individual appointed to make a nomination
to fill a vacant precinct election office under subsection (b), the individual appointed by the
county election board to this precinct election office under section 13(b) of this chapter is
entitled to make the nomination to fill the vacant precinct office under this section.
(d) For the purpose of these nominations, the rank of precinct election officers is as
follows:
(1) Inspector.
(2) Judge.
(3) Poll clerk.
(4) Assistant poll clerk.
(5) Election sheriff.
[Pre-1986 Recodification Citation: 3-1-5-11 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.19; P.L.3-1995, SEC.14;
P.L.176-1999, SEC.16.

IC 3-6-6-15 Notification of appointment

Sec. 15. An inspector shall immediately notify the county election board of an
appointment made under section 14 of this chapter. The appointee shall hold the office and
exercise the powers and duties of the office subject to confirmation or removal by the county

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election board.
[Pre-1986 Recodification Citation: 3-1-5-11 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-16 Filling vacancy; approval or nomination by county chairman;

issuance of credentials
Sec. 16. Upon notification that a vacancy has been filled by a precinct election board
under section 14 of this chapter, a county election board shall:
(1) upon written approval of the appropriate county chairman, confirm the appointment
by issuance of proper credentials to the precinct election officer so appointed and
approved; or
(2) upon nomination by the appropriate county chairman, appoint a qualified person to
replace the officer then serving, in which case the officer appointed by the county
election board shall be issued proper credentials.
[Pre-1986 Recodification Citation: 3-1-5-11 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-17 Delivery of office to person appointed by county election board

Sec. 17. If the authorized holder presents credentials issued under section 16 of this
chapter to the precinct election board, the person holding office under appointment by the
precinct election board shall vacate the office and deliver the office to the person entitled to
it.
[Pre-1986 Recodification Citation: 3-1-5-11 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-18 Inspector or judge; requirement of oath

Sec. 18. A person appointed to a precinct election office by a precinct election board or
by a county election board may not assume the duties of inspector or judge until that person
has taken the oath required by section 19 of this chapter.
[Pre-1986 Recodification Citation: 3-1-5-11 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-19 Taking and administering oath

Sec. 19. Before the polls are opened in a precinct, the inspector shall:
(1) take an oath to faithfully discharge the inspector's duties; and
(2) administer an oath to the judges, poll clerks, assistant poll clerks, and election
sheriffs that they will faithfully discharge their duties.
[Pre-1986 Recodification Citations: 3-1-5-4 part; 3-1-5-9 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-20 Administering of oath when no authorized person present

Sec. 20. If no person present is authorized by law to administer an oath of office under
section 19 of this chapter, the inspector shall administer the oath to the judges, and one of the
judges shall then administer the oath to the inspector. After the organization of the precinct
election board, the inspector may administer all oaths required in the discharge of duties.
[Pre-1986 Recodification Citation: 3-1-5-10.]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-21 Oaths; requirements

Sec. 21. All oaths required by this chapter must:
(1) be written or printed; and
(2) be signed by the person taking the oath before a person authorized by law to
administer oaths and before the precinct election board.

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 [Pre-1986 Recodification Citations: 3-1-5-4 part; 3-1-5-9 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-22 Jurat of person administering oath; attachment of oath to poll

list
Sec. 22. The person administering an oath under this chapter shall attach the person's jurat
to the oath. The oath shall be attached to the poll list and both documents returned to the
county election board.
[Pre-1986 Recodification Citations: 3-1-5-4 part; 3-1-5-9 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.42.

IC 3-6-6-23 Form of oath for precinct election officers

Sec. 23. The oath prescribed for a precinct election officer must be signed before a person
authorized to administer oaths and contain the following information:
I do solemnly swear (or affirm) the following:
(1) I will support the Constitution of the United States and the Constitution of the State
of Indiana.
(2) I will faithfully and impartially discharge the duties of inspector (or judge, poll
clerk, assistant poll clerk, or sheriff) of this precinct under the law.
(3) I will not knowingly permit any person to vote who is not qualified and will not
knowingly refuse the vote of any qualified voter or cause any delay to any person
offering to vote other than is necessary to procure satisfactory information of the
qualification of that person as a voter.
(4) I am now a bona fide resident of the county in which the precinct in which I am to
act as a member of the election board is situated and, if required by law, am a qualified
voter of that county.
(5) I will not disclose or communicate to any person how any voter has voted at this
election or how any ballot has been folded or marked.
(6) I am able to read, write, and speak the English language.
(7) I have no property bet or wagered on the result of this election.
(8) I am not a candidate to be voted for at this election in this precinct, except as an
unopposed candidate for a political party office.
(9) If I am serving as an inspector, I am not the chairman or treasurer of the committee
of a candidate whose name appears on the ballot.
(10) I am not related to any person to be voted for at this election in this precinct as the
spouse, parent, father-in-law, mother-in-law, child, son-in-law, daughter-in-law,
grandparent, grandchild, brother, sister, brother-in-law, sister-in-law, uncle, aunt,
nephew, or niece of that person, unless that person is an unopposed candidate.
(11) I was trained as required by IC 3-6-6-40.
[Pre-1986 Recodification Citation: 3-1-5-9 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.32; P.L.5-1989, SEC.9;
P.L.3-1993, SEC.20; P.L.3-1995, SEC.15; P.L.11-1997, SEC.2; P.L.3-1997, SEC.43;
P.L.126-2002, SEC.20; P.L.14-2004, SEC.11.

IC 3-6-6-24 Repealed
[Pre-1986 Recodification Citation: 3-1-5-4 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1995, SEC.16. Repealed by P.L.3-1997,
SEC.475.

IC 3-6-6-25 Compensation
Sec. 25. Each inspector, judge, poll clerk, assistant poll clerk, and election sheriff is
entitled to a per diem fixed by the county executive for the performance of all the duties of
office imposed on the person by this title that are performed on election day.

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 [Pre-1986 Recodification Citation: 3-1-5-15(a).]
As added by P.L.5-1986, SEC.2. Amended by P.L.4-1991, SEC.17; P.L.3-1993, SEC.21;
P.L.3-1997, SEC.44.

IC 3-6-6-26 Additional compensation for inspector

Sec. 26. In addition to the compensation required under section 25 of this chapter, an
inspector may be paid an amount:
(1) for the inspector's services in calling at the circuit court clerk's office for the
precinct election supplies; and
(2) for the inspector's services and the services of the judge of the opposite political
party in the return of the precinct election supplies to the clerk's office;
regardless of whether these services are rendered before, on, or after election day.
[Pre-1986 Recodification Citation: 3-1-5-15(b).]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.22; P.L.3-1995, SEC.17.

IC 3-6-6-26.5 Repealed
As added by P.L.10-1992, SEC.1. Repealed by P.L.3-1995, SEC.155.

IC 3-6-6-27 County executive to fix compensation; exception

Sec. 27. The county executive shall fix the compensation paid under sections 25 and 26
of this chapter for all elections except municipal elections held by towns under IC 3-10-7.
The fiscal body of a town holding a municipal election under IC 3-10-7 shall fix the
compensation paid under sections 25 and 26 of this chapter.
[Pre-1986 Recodification Citation: 3-1-5-15(c).]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-28 Eligibility for compensation; compliance with certain statutes

Sec. 28. A member of a precinct election board is entitled to compensation under sections
25 and 26 of this chapter only if the member complies with the requirements of:
(1) IC 3-12-2-7;
(2) IC 3-12-3-10; and
(3) IC 3-12-3.5-4.
A person who violates IC 3-12-2-7, IC 3-12-3-10, or IC 3-12-3.5-4, as determined by the
county election board, may not be selected to serve as a member of a precinct election board
in the county where the person committed the violation for five (5) years after the date of the
violation.
[Pre-1986 Recodification Citation: 3-1-25-2(c), (d), (f) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.157-2019, SEC.3.

IC 3-6-6-29 Determination of good cause for violation of IC 3-12-2-7

Sec. 29. If a county election board unanimously determines, after a public hearing, that
there was good cause for a violation of IC 3-12-2-7, then the restrictions on compensation
and subsequent membership on a precinct election board prescribed by section 28 of this
chapter do not apply. However, the county election board must make such a determination
as its first order of business at its first meeting after the election at which the violation
occurred.
[Pre-1986 Recodification Citation: 3-1-25-2(e), (f) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-30 Duties of precinct election board

Sec. 30. Each precinct election board shall determine all matters coming before the board
in accordance with Indiana law. If necessary, the judges shall assist the inspector and poll
clerks in the performance of their duties. Subject to IC 3-11-9, the judges shall also assist and

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instruct voters when assistance is requested.
[Pre-1986 Recodification Citation: 3-1-5-3.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.33; P.L.219-2013, SEC.6.

IC 3-6-6-31 Meals or meal allowances

Sec. 31. (a) Each inspector shall have the precinct election officers furnished with good,
plain, and substantial meals, at the regular hours for meals, throughout the day until their
work is finished. Alcoholic beverages may not be furnished.
(b) If the county legislative body (as defined in IC 36-1-2-9) adopts an ordinance to
provide meal allowances, each precinct election officer is entitled to a meal allowance instead
of the meals provided under subsection (a). The ordinance must state the amount of the meal
allowance to be provided.
[Pre-1986 Recodification Citation: 3-1-5-16 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.34.

IC 3-6-6-32 Precincts using paper ballots; initialing and giving out ballots;
duties of clerks
Sec. 32. (a) If a precinct has both poll clerks and assistant poll clerks and the voting is
entirely done by paper ballot, the assistant poll clerks shall perform the same duties required
of the poll clerks regarding the initialing and giving out of the ballots and pencils or pens
when required to do so.
(b) It is necessary for only the two (2) poll clerks or assistant poll clerks giving out a
ballot to place their initials on the back of the ballot. However, the two (2) poll clerks or
assistant poll clerks must not have been nominated to a precinct election office by the county
chairman of the same political party.
[Pre-1986 Recodification Citation: 3-1-5-6 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.35; P.L.176-1999, SEC.17.

IC 3-6-6-33 Tallying votes; signing returns or other certificates

Sec. 33. After the close of the polls, the assistant poll clerks shall assist the poll clerks in
tallying the votes under the direction of the precinct election board. However, the election
returns or other certificates required to be signed by the poll clerks need not be signed by the
assistant poll clerks.
[Pre-1986 Recodification Citation: 3-1-5-6 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-34 Precincts using paper ballots; duties of poll clerks and assistant
poll clerks
Sec. 34. (a) In a precinct where the voting is by any voting method except entirely by
paper ballot, the poll clerks of the precinct shall perform all the duties connected with voting
by ballot card voting system or electronic voting system, and the assistant poll clerks shall
perform all the duties connected with voting by paper ballot. It is necessary for only the two
(2) assistant poll clerks to place their initials on the back of the paper ballots.
(b) The poll clerks shall tally the vote cast by paper ballot, and they alone shall sign the
election certificates and returns. However, the precinct election board may call upon the
assistant poll clerks to assist the poll clerks in any of their duties.
[Pre-1986 Recodification Citation: 3-1-5-7.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.36; P.L.221-2005, SEC.10.

IC 3-6-6-35 Duties of election sheriffs

Sec. 35. (a) Each election sheriff shall do the following:
(1) Except as provided in subsection (b), attend the polls in the appointed precinct from
the opening of the polls to the conclusion of the count.

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 (2) Preserve order at the polls.
(3) Enforce the election laws under the direction of the precinct election board.
(4) Upon direction from a precinct election officer, request assistance from a law
enforcement officer if a violation of law or breach of the peace within the polls or chute
has occurred or appears imminent.
(b) The sheriff may leave the polls for the purpose of obtaining assistance from a law
enforcement officer under subsection (a)(4).
[Pre-1986 Recodification Citation: 3-1-5-8(a) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.45; P.L.114-2012, SEC.5;
P.L.209-2021, SEC.5.

IC 3-6-6-36 Law enforcement officers prohibited from polls

Sec. 36. (a) As used in this section, "law enforcement officer" means a:
(1) police officer;
(2) sheriff;
(3) constable;
(4) marshal; or
(5) deputy of any of those persons.
(b) A law enforcement officer may not come within the polls or the chute except to do any
of the following:
(1) To serve process of court.
(2) To vote.
(3) To be present and assist when summoned by a precinct election officer under
section 35 of this chapter.
(4) To serve as an absentee ballot courier appointed under IC 3-11.5-4-22.
[Pre-1986 Recodification Citation: 3-1-5-8(d).]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.37; P.L.176-1999, SEC.18;
P.L.209-2021, SEC.6.

IC 3-6-6-37 Status of appointment of precinct election officer; expiration of

appointment; may not serve as challenger, pollbook holder, or
watcher; not lucrative office
Sec. 37. (a) When the county election board (or a precinct election board acting on behalf
of the county election board) appoints a precinct election officer and the individual accepts
the appointment by swearing the oath of office required under this chapter, a contract is
created between the county election board and the individual in which the county election
board retains the services of the precinct election officer as an independent contractor.
(b) The appointment of a precinct election officer expires when the county election board
completes the canvass of the precinct under IC 3-12-4.
(c) A precinct election officer is not entitled to receive credentials as a challenger,
pollbook holder, or watcher. Except as provided in IC 3-11-8-10.5, which permits a poll
clerk to maintain a list of voters to make available to a watcher or pollbook holder, or under
any provision of IC 3-11-8 that permits a precinct election officer to challenge a voter as part
of the official duties of the precinct election officer, a precinct election officer while serving
as a precinct election officer may not perform the functions of a challenger, pollbook holder,
or watcher.
(d) For purposes of Article 2, Section 9 of the Constitution of the State of Indiana, the
position of precinct election officer is not a lucrative office.
As added by P.L.3-1995, SEC.18. Amended by P.L.230-2005, SEC.14; P.L.169-2015,
SEC.10.

IC 3-6-6-38 Omitted precinct election officers; vacancy in office of sheriff

Sec. 38. (a) As used in this section, "omitted precinct election officer" refers to a precinct

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election officer that a precinct is not required to have by a resolution adopted under this
section.
(b) Notwithstanding other provisions of this title, a county election board may adopt a
resolution to provide that specified precincts or all precincts of the county are not required
to have any or all of the following precinct election officers:
(1) Sheriffs.
(2) Poll clerks.
(c) A resolution adopted under this section must be adopted by unanimous vote of the
entire membership of the board.
(d) A resolution adopted under this section must state the following:
(1) The precincts to which the resolution applies.
(2) For each precinct identified in the resolution, which precinct election officers are
omitted precinct election officers.
(3) For each precinct identified in the resolution, which precinct election officers will
perform the duties required by this title of the omitted precinct election officers.
(e) Notwithstanding any other law, the precinct election officer specified in a resolution
adopted under this section shall perform the duties of the omitted precinct election officers
as stated in the resolution.
(f) A resolution adopted under this section expires December 31 after the resolution is
adopted.
(g) If a vacancy exists in the office of the sheriff in a precinct and:
(1) no resolution designating the precinct election officer to perform the duties of the
sheriff has been adopted under this section; or
(2) the vote center plan adopted by the county does not specify which precinct election
officer is to perform the duties of the sheriff;
then the judge of the precinct (or the precinct election officer designated to perform the
duties of the election sheriff under a county vote center plan) serves as election sheriff until
the vacancy is filled by the county election board.
As added by P.L.126-2002, SEC.21. Amended by P.L.14-2004, SEC.12; P.L.193-2021,
SEC.9.

IC 3-6-6-38.5 Inspectors; shared location

Sec. 38.5. (a) As used in this section, "shared location" refers to a location in which more
than one (1) precinct votes at the same polling place.
(b) Notwithstanding other provisions of this title, a county election board may adopt a
resolution to provide that the same individual serves as the inspector for more than one (1)
precinct at a shared location.
(c) A resolution adopted under this section must identify the precincts to which the
resolution applies. A resolution adopted under this section may provide that an individual
serves as inspector for some, but not all, precincts at the shared location.
(d) A resolution adopted under this section may provide the following:
(1) That other precinct election officers may assist or perform duties of an inspector of
the precincts at the shared location as described in the resolution.
(2) Other details of the operation of the shared location under a single inspector that the
county election board considers useful.
(e) An individual who serves as an inspector for more than one (1) precinct under this
section is required to take only one (1) oath under section 19 of this chapter.
(f) The county executive may provide that the per diem paid to an inspector who serves
under this section is greater than the per diem paid to an inspector for a single precinct.
(g) A resolution adopted under this section must be adopted by unanimous vote of the
entire membership of the board.
(h) A resolution adopted under this section expires December 31 after the resolution is
adopted.

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As added by P.L.129-2015, SEC.1.

IC 3-6-6-39 Certain students serving as election officers and assistants

Sec. 39. (a) The county election board by unanimous vote of the entire membership of the
board may permit an individual who is not a voter to serve in any capacity described in
subsection (b), if the individual satisfies all the following:
(1) The individual is at least sixteen (16) years of age but not eighteen (18) years of age
or older.
(2) The individual is a citizen of the United States.
(3) The individual is a resident of the county.
(4) The individual has a cumulative grade point average equivalent to not less than 3.0
on a 4.0 scale.
(5) The individual:
(A) either:
(i) has the written approval of the principal of the school the individual attends at
the time of the appointment; or
(ii) attends a school that will not be in session on election day; or
(B) if the student is educated in the home, has the approval of the individual
responsible for the education of the student.
(6) The individual has the approval of the individual's parent or legal guardian.
(7) The individual has satisfactorily completed any training required by the county
election board.
(8) The individual otherwise is eligible to serve as a precinct election officer under this
chapter but is not required to be a registered voter of the county.
(b) An individual described in subsection (a) may serve in any of the following capacities,
as determined by the county election board:
(1) As any election officer, other than as an inspector, either before election day, on
election day, or both.
(2) Providing assistance to an election officer, either before election day, on election
day, or both.
(3) Providing assistance to the preparation of absentee ballots.
(c) An individual appointed as an election officer or assistant under this section, while
serving as an election officer or assistant:
(1) is not required to obtain an employment certificate under IC 22-2-18 (before its
expiration on June 30, 2021); and
(2) is not subject to the limitations on time and duration of employment under
IC 22-2-18 (before its expiration on June 30, 2021) or IC 22-2-18.1.
(d) The county election board is not required to register as an employer under
IC 22-2-18.1.
As added by P.L.126-2002, SEC.22. Amended by P.L.209-2003, SEC.19; P.L.230-2005,
SEC.15; P.L.225-2011, SEC.7; P.L.194-2013, SEC.6; P.L.76-2014, SEC.4; P.L.147-2020,
SEC.1; P.L.108-2021, SEC.2.

IC 3-6-6-40 Training precinct election officers; content of training;

training waiver
Sec. 40. (a) The county election board shall conduct a training and educational meeting
for precinct election officers.
(b) The board shall require inspectors to attend the meeting and may require other
precinct election officers to attend the meeting. The board shall maintain a record of the
attendance of each individual at the meeting conducted under this subsection.
(c) The meeting required under this section must include information:
(1) relating to making polling places and voting systems accessible to elderly voters and
voters with a disability; and

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 (2) relating to the voting systems used in the county.
The meeting may include other information relating to the duties of precinct election officers
as determined by the county election board.
(d) The meeting required by this section must be held not later than the day before
election day.
(e) If an individual:
(1) is appointed as a precinct election officer after the training and educational meeting
conducted under this section; or
(2) demonstrates to the county election board that the individual was unable to attend
the meeting due to good cause;
the county election board may authorize the individual to serve as a precinct election officer
if the county election board determines that there is insufficient time to conduct the training
required by this section.
As added by P.L.116-2003, SEC.1. Amended by P.L.66-2003, SEC.4; P.L.14-2004, SEC.13;
P.L.230-2005, SEC.16; P.L.99-2007, SEC.5.

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IC 3-6-6.5 Chapter 6.5. Certified Election Worker Program

3-6-6.5-1 Program established

3-6-6.5-2 Contents of program courses
3-6-6.5-3 Administration of program; certification of individuals who complete program
3-6-6.5-4 Expiration of certification; renewal

IC 3-6-6.5-1 Program established

Sec. 1. The certified election worker program is established.
As added by P.L.230-2005, SEC.17.

IC 3-6-6.5-2 Contents of program courses

Sec. 2. The program must consist of courses in several aspects of precinct election
administration, including the following:
(1) The duties of precinct election officers and county election officials.
(2) The laws governing activity permitted and prohibited in polling places.
(3) The laws and procedures governing the operation of voting systems.
(4) The laws governing voter registration, absentee ballots, provisional ballots, and the
tabulation of ballots.
(5) Effective communication and problem solving techniques.
(6) The laws and procedures governing the accessibility of polling places and voting
systems for individuals with disabilities.
As added by P.L.230-2005, SEC.17. Amended by P.L.74-2017, SEC.8.

IC 3-6-6.5-3 Administration of program; certification of individuals who

complete program
Sec. 3. The secretary of state:
(1) shall administer the program; and
(2) may establish procedures and requirements for the certification of an individual who
satisfactorily completes the program.
As added by P.L.230-2005, SEC.17.

IC 3-6-6.5-4 Expiration of certification; renewal

Sec. 4. The designation of an individual as a certified election worker expires January 1
of the second year following the individual's certification. The individual's certification may
be renewed by the secretary of state after compliance with the requirements for renewal
established under this chapter.
As added by P.L.230-2005, SEC.17. Amended by P.L.74-2017, SEC.9.

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IC 3-6-7 Chapter 7. Challengers and Pollbook Holders

3-6-7-1 Appointment; presence at polls; identification card

3-6-7-1.5 Eligibility of candidates
3-6-7-1.7 Eligibility of challengers
3-6-7-2 Repealed
3-6-7-3 Nonresident challenger or pollbook holder; right to vote by absentee ballot
3-6-7-4 Compensation
3-6-7-5 Right to enter and leave polls

IC 3-6-7-1 Appointment; presence at polls; identification card

Sec. 1. (a) Each political party or independent candidate may appoint challengers and
pollbook holders for each precinct in which the political party or independent candidate is
on the ballot.
(b) This subsection applies to a public question that is submitted to the electorate. A
county election board may appoint challengers and pollbook holders if a petition requesting
the appointment is filed with the board. The petition must be signed by:
(1) the chairman of a political action committee organized under IC 3-9 to support or
oppose the approval of the public question; and
(2) at least the number of voters equal to two percent (2%) of the votes cast in the last
election for secretary of state in the county.
(c) A challenger must be at least eighteen (18) years of age.
(d) The county election board, county chairman, other local chairman of the party, or
independent candidate:
(1) must make the appointments in writing; and
(2) shall issue one (1) identification card for each person appointed under this section.
(e) Except as provided in subsections (f) and (g), each political party or independent
candidate described in subsection (a) or a political action committee described in subsection
(b) may have only one (1) challenger and one (1) pollbook holder present at each precinct's
polls at any time during election day.
(f) If more than one (1) precinct votes at the same polling place, the number of
challengers and pollbook holders of each political party or independent candidate described
in subsection (a) or a political action committee described in subsection (b) entitled to be
present at the polling place equals the number of precincts voting at the polling place.
(g) In a county designated as a vote center county under IC 3-11-18.1, the number of
challengers and pollbook holders of each political party or independent candidate described
in subsection (a) or a political action committee described in subsection (b) entitled to be
present at the vote center is one (1) challenger and one (1) pollbook holder for:
(1) each electronic poll book station present at the vote center; or
(2) the number of electronic poll book stations specified in the county vote center plan
for the vote center;
whichever is greater.
(h) The challenger and pollbook holder present at the polls must possess an identification
card issued under subsection (d).
(i) The identification card issued under subsection (d) must clearly state the following:
(1) The status of the individual as an appointed challenger or pollbook holder.
(2) The name of the individual serving as a challenger or pollbook holder.
(3) The name of the person who appointed the individual as a challenger or pollbook
holder, and whether the person is a political party, an independent candidate, or a
county election board.
(4) If the challenger or pollbook holder has been appointed by a political party, the
name of the political party.
[Pre-1986 Recodification Citations: 3-1-5-8(e) part; 3-1-23-19 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.5-1989, SEC.10; P.L.7-1990, SEC.3;

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P.L.3-1993, SEC.23; P.L.3-1995, SEC.19; P.L.230-2005, SEC.18; P.L.74-2017, SEC.10.

IC 3-6-7-1.5 Eligibility of candidates

Sec. 1.5. A candidate to be voted for at an election, except as an unopposed candidate for
precinct committeeman or state convention delegate, is not eligible to be appointed as a
challenger or pollbook holder at an election.
As added by P.L.4-1991, SEC.18.

IC 3-6-7-1.7 Eligibility of challengers

Sec. 1.7. A challenger must be a registered voter of the county.
As added by P.L.3-1997, SEC.46.

IC 3-6-7-2 Repealed
[Pre-1986 Recodification Citation: 3-1-5-8(e) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.5-1989, SEC.11; P.L.2-1997, SEC.2;
P.L.38-1999, SEC.6. Repealed by P.L.230-2005, SEC.91.

IC 3-6-7-3 Nonresident challenger or pollbook holder; right to vote by

absentee ballot
Sec. 3. A challenger or pollbook holder who is not a resident of the precinct is entitled to
vote by absentee ballot.
[Pre-1986 Recodification Citation: 3-1-5-8(e) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-7-4 Compensation
Sec. 4. A challenger or pollbook holder is not entitled to compensation for services except
from the political party making the appointment.
[Pre-1986 Recodification Citation: 3-1-5-8(e) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-7-5 Right to enter and leave polls

Sec. 5. (a) A pollbook holder or a challenger appointed under this chapter is entitled to
do the following:
(1) Enter the polls at least thirty (30) minutes before the opening of the polls and
remain there throughout election day until the polls close.
(2) Enter, leave, and reenter the polls at any time on election day.
(b) A pollbook holder or a challenger is subject to the orders of the board while in the
polls.
(c) If demanded by a member of the precinct election board, a pollbook holder or a
challenger shall produce the identification card issued under section 1(d) of this chapter.
As added by P.L.38-1999, SEC.7. Amended by P.L.230-2005, SEC.19.

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IC 3-6-8 Chapter 8. Watchers for Political Parties and Independent
Candidates

3-6-8-1 Entitlement to appoint watcher

3-6-8-2 Eligibility of candidates
3-6-8-2.5 Eligibility of watchers
3-6-8-3 Identification card
3-6-8-4 Powers and duties
3-6-8-5 Blank certificates for vote summaries
3-6-8-6 Report of violations; prohibition on objection; removal of watcher
3-6-8-7 Watchers at satellite offices

IC 3-6-8-1 Entitlement to appoint watcher

Sec. 1. (a) The state chairman and county chairman of each bona fide political party or
an independent candidate for a federal or a state office are entitled to appoint watchers at
each precinct in which the political party or independent candidate is on the ballot.
(b) This subsection applies to a public question that is submitted to the electorate. A
county election board may appoint watchers if a petition requesting the appointment is filed
with the board. The petition must be signed by:
(1) the chairman of a political action committee organized under IC 3-9 to support or
oppose the approval of the public question; and
(2) at least the number of voters equal to two percent (2%) of the votes cast in the last
election for secretary of state in the county.
(c) Except as provided in subsections (d), (e), and (f), at any time during election day,
each political action committee, each political party, or an independent candidate for a
federal or a state office may have only one (1) watcher present at each precinct's polls.
(d) If both the state chairman and the county chairman of a political party have appointed
watchers within the county, the political party may have two (2) watchers present at the polls
of each precinct of the county or at each electronic poll book station at any time during
election day.
(e) If more than one (1) precinct votes at the same polling place, the number of watchers
of each political party, an independent candidate for federal or state office, or each political
action committee described in subsection (b) entitled to be present at the polling place equals
the number of precincts voting at the polling place.
(f) In a county designated as a vote center county under IC 3-11-18.1, the number of
watchers of each political party, an independent candidate for federal or state office, or each
political action committee described in subsection (b) entitled to be present at the vote center
is one (1) watcher for:
(1) each electronic poll book station present at the vote center; or
(2) the number of electronic poll book stations specified in the county vote center plan
for the vote center;
whichever is greater.
[Pre-1986 Recodification Citations: 3-1-6-1 part; 3-1-6-2(b) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.5-1989, SEC.12; P.L.3-1993, SEC.24;
P.L.3-1995, SEC.20; P.L.194-2013, SEC.7; P.L.74-2017, SEC.11.

IC 3-6-8-2 Eligibility of candidates

Sec. 2. A candidate to be voted for at an election, except as an unopposed candidate for
precinct committeeman or state convention delegate, is not eligible to be appointed as a
watcher at an election.
[Pre-1986 Recodification Citation: 3-1-6-1 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.4-1991, SEC.19.

IC 3-6-8-2.5 Eligibility of watchers

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 Sec. 2.5. A watcher appointed under this chapter must be a registered voter of the county.
As added by P.L.3-1997, SEC.47.

IC 3-6-8-3 Identification card

Sec. 3. (a) A watcher present at the polls must possess an identification card issued under
this section and present the card if demanded by a member of the precinct election board.
(b) The county election board, state chairman, county chairman, or chairman of the
committee of the independent candidate for a federal or a state office:
(1) must appoint each watcher in writing; and
(2) shall issue one (1) watcher identification card for each person appointed as a
watcher.
(c) The identification card must be signed by the chairman of the county election board,
state chairman, county chairman of the party, or chairman of the committee of the
independent candidate for a federal or a state office that the watcher represents.
(d) The identification card described in subsection (a) must clearly state the following:
(1) The status of the individual as an appointed watcher.
(2) The name of the individual serving as a watcher.
(3) The name of the person who appointed the individual as a watcher.
(4) If the individual has been appointed as a watcher by a political party, the name of
the political party.
[Pre-1986 Recodification Citation: 3-1-6-2(b) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.5-1989, SEC.13; P.L.7-1990, SEC.4;
P.L.3-1993, SEC.25; P.L.3-1995, SEC.21; P.L.230-2005, SEC.20; P.L.194-2013, SEC.8.

IC 3-6-8-4 Powers and duties

Sec. 4. A watcher appointed under this chapter is entitled to do the following:
(1) Enter the polls at least thirty (30) minutes before the opening of the polls and
remain there throughout election day until all tabulations have been completed.
(2) Inspect the paper ballot boxes, ballot card voting system, or electronic voting
system before votes have been cast.
(3) Inspect the work being done by any precinct election officer (except when a
precinct election officer enters a confidential login or password to obtain access to an
electronic poll book or to operate a voting system).
(4) Enter, leave, and reenter the polls at any time on election day.
(5) Witness the calling and recording of the votes and any other proceedings of the
precinct election officers in the performance of official duties.
(6) Receive a summary of the vote prepared under IC 3-12-2-15, IC 3-12-3-2,
IC 3-12-3-11, or IC 3-12-3.5-3, signed by the precinct election board, providing:
(A) the names of all candidates of the political party whose primary election is being
observed by the watcher and the number of votes cast for each candidate;
(B) the names of all candidates at a general, municipal, or special election and the
number of votes cast for each candidate; or
(C) the vote cast for or against a public question.
(7) Accompany the inspector and judge in delivering the tabulation and election returns
to the county election board by the most direct route.
(8) Be present when the inspector takes a receipt for the tabulation and election returns
delivered to the county election board.
[Pre-1986 Recodification Citations: 3-1-6-2(c)(1) part, (c)(2) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.38; P.L.3-1993, SEC.26;
P.L.3-1997, SEC.48; P.L.221-2005, SEC.11; P.L.169-2015, SEC.11; P.L.209-2021, SEC.7.

IC 3-6-8-5 Blank certificates for vote summaries

Sec. 5. The county election board shall provide blank certificates for the summaries

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required by section 4(6) of this chapter.
[Pre-1986 Recodification Citation: 3-1-6-2(c)(1) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-8-6 Report of violations; prohibition on objection; removal of

watcher
Sec. 6. (a) A watcher appointed under this chapter shall report any violation of the
election laws that comes to the watcher's attention to:
(1) the inspector of the precinct;
(2) the county election board; or
(3) the prosecuting attorney.
(b) A watcher may not object to any other precinct election officer concerning an alleged
violation of election laws unless the watcher has the prior consent of the inspector.
(c) Upon the unanimous vote of the entire membership of the county election board, a
watcher who violates subsection (b) or engages in other disruptive action in the polls may:
(1) be removed from the polls; and
(2) have the watcher's credentials revoked.
[Pre-1986 Recodification Citation: 3-1-6-2(c)(2) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.209-2021, SEC.8.

IC 3-6-8-7 Watchers at satellite offices

Sec. 7. A political party may appoint up to two (2) watchers under this chapter for each
satellite office established under IC 3-11-10-26.3. A watcher appointed under this section is
entitled to:
(1) enter, leave, and reenter the satellite office at any time the office is open;
(2) inspect the voting systems before absentee ballots are received at the satellite office
each day;
(3) inspect the work being done by any elected official, absentee board member, or
county employee at the satellite office (except when an individual enters a confidential
login or password to obtain access to an electronic poll book or the statewide voter
registration system or to operate a voting system used for absentee voting); and
(4) witness any proceeding of the county election board or an absentee voting board at
the satellite office.
As added by P.L.169-2015, SEC.12.

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IC 3-6-9 Chapter 9. Watchers for Primary, School Board, and Precinct
Committeemen Candidates

3-6-9-1 Request for watchers; written statement

3-6-9-2 Contents of written statement
3-6-9-3 Limitation on appointments of attorney-in-fact
3-6-9-4 Certification of watchers by attorney-in-fact
3-6-9-5 Issuance of certificates to watchers
3-6-9-6 Filing of written statement
3-6-9-7 Deputy circuit court clerk
3-6-9-8 Right to credentials upon request
3-6-9-9 Repealed
3-6-9-10 Discharge of watcher
3-6-9-11 Appointment of new watcher; credentials
3-6-9-12 Limitation of number of watchers at polls
3-6-9-13 Watcher rights; reporting of violations; removal and revocation of credentials

IC 3-6-9-1 Request for watchers; written statement

Sec. 1. (a) If:
(1) twenty-six percent (26%) or more of all candidates of a political party who are
candidates for:
(A) nomination to elected offices at a county primary election (or municipal primary
election within the municipality in which the municipal primary is to be conducted),
not including candidates for delegates to the state convention or candidates for
precinct committeemen; or
(B) precinct committeemen at an election for precinct committeemen, whose names
are certified to the county election board as candidates to be voted for at the primary
election for precinct committeemen; or
(2) any candidate or group of candidates for a school board office;
desire to have watchers at the polls in any precinct of the county or municipality, they shall
sign a written statement indicating their desire to name watchers.
(b) If the candidates signing the statement are candidates for nomination at a county
primary election or for election as precinct committeemen or to a school board office, the
written statement shall be filed with the circuit court clerk of the county where the candidates
reside.
(c) If the candidates signing the statement are candidates for nomination at a municipal
primary election, the written statement shall be filed with the circuit court clerk of the county
that contains the greatest percentage of the population of the election district.
[Pre-1986 Recodification Citation: 3-1-6-2(a)(1) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.39; P.L.10-1988, SEC.10;
P.L.14-2004, SEC.14.

IC 3-6-9-2 Contents of written statement

Sec. 2. The written statement required by section 1 of this chapter must designate:
(1) a person to act as attorney-in-fact for the candidates; and
(2) the precincts where the watchers are desired and where they are to serve.
[Pre-1986 Recodification Citation: 3-1-6-2(a)(1) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-9-3 Limitation on appointments of attorney-in-fact

Sec. 3. A candidate may not file more than one (1) appointment of an attorney-in-fact.
[Pre-1986 Recodification Citation: 3-1-6-2(a)(2) part.]
As added by P.L.5-1986, SEC.2.

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IC 3-6-9-4 Certification of watchers by attorney-in-fact
Sec. 4. (a) An attorney-in-fact designated under section 2 of this chapter shall file with
the circuit court clerk the names of the voters of the county or municipality who are to act as
watchers in the precincts designated in the written statement.
(b) The attorney-in-fact may certify watchers from voters of the county or municipality
without regard to precinct boundary lines.
(c) A watcher designated under this section:
(1) may not be a candidate to be voted for at the election, except as an unopposed
candidate for precinct committeeman or state convention delegate; and
(2) must be a registered voter of the county.
[Pre-1986 Recodification Citations: 3-1-6-2(a)(1) part, (a)(2) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.49.

IC 3-6-9-5 Issuance of certificates to watchers

Sec. 5. When the attorney-in-fact has certified the names of the watchers in writing under
section 4 of this chapter to the circuit court clerk, the clerk shall immediately issue
certificates to the persons named. The certificates entitle the watchers to go to the precincts
designated in the statement. Each watcher's credentials must state the following:
(1) The name of the attorney-in-fact who certified the watcher to the clerk.
(2) The status of the individual as a watcher appointed under this chapter.
(3) The name of the individual serving as a watcher.
(4) If the watcher is acting on behalf of a school board candidate, or a group of political
party candidates, the name of the school board candidate or political party whose
candidates have petitioned for watchers under this chapter.
[Pre-1986 Recodification Citation: 3-1-6-2(a)(1) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.230-2005, SEC.21.

IC 3-6-9-6 Filing of written statement

Sec. 6. The written statement required by section 1 of this chapter may be filed with the
circuit court clerk at any time until the official returns and ballots of the precincts have been
delivered to the county election board.
[Pre-1986 Recodification Citation: 3-1-6-2(a)(3) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.27.

IC 3-6-9-7 Deputy circuit court clerk

Sec. 7. If the circuit court clerk is not present with the county election board, the clerk
shall keep at least one (1) deputy in the room with the board at all times until the tabulation
of the vote is final. The deputy must be qualified and ready to sign credentials for watchers
when requests for the credentials have been properly filed.
[Pre-1986 Recodification Citation: 3-1-6-2(a)(3) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.28.

IC 3-6-9-8 Right to credentials upon request

Sec. 8. A watcher is entitled to credentials immediately upon request. Upon receipt of
credentials, a watcher may proceed to the precinct at any time and proceed with the discharge
of the watcher's duties.
[Pre-1986 Recodification Citation: 3-1-6-2(a)(3) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-9-9 Repealed
[Pre-1986 Recodification Citation: 3-1-6-2(a)(2) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.40. Repealed by P.L.3-1995,
SEC.157.

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IC 3-6-9-10 Discharge of watcher
Sec. 10. The circuit court clerk shall immediately revoke the power of a watcher when
requested by the attorney-in-fact to discharge the watcher. The clerk shall provide forms for
the purpose of requesting the discharge of a watcher.
[Pre-1986 Recodification Citation: 3-1-6-2(a)(4) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-9-11 Appointment of new watcher; credentials

Sec. 11. Upon discharge of a watcher under section 10 of this chapter, the circuit court
clerk shall immediately appoint another watcher named by the attorney-in-fact. The new
watcher has the same powers and duties as the watcher originally appointed and is entitled
to credentials from the clerk. The credentials must state the name of the person whose
credentials have been revoked. When the new watcher receives the credentials, the duties of
the previous watcher immediately terminate.
[Pre-1986 Recodification Citation: 3-1-6-2(a)(4) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-9-12 Limitation of number of watchers at polls

Sec. 12. (a) Only one (1) watcher representing a candidate or group of candidates may
enter or be in the polls for a precinct at the same time, but watchers representing different
groups may be in the polls at the same time.
(b) If more than one (1) precinct votes at the same polling place, the number of watchers
of each candidate or group of candidates entitled to be present at the polling place equals the
number of precincts voting at the polling place.
(c) In a county designated as a vote center county under IC 3-11-18.1, the number of
watchers of each candidate or group of candidates entitled to be present at the vote center is
one (1) watcher for:
(1) each electronic poll book station present at the vote center; or
(2) the number of electronic poll book stations specified in the county vote center plan
for the vote center;
whichever is greater.
[Pre-1986 Recodification Citation: 3-1-6-2(a)(4) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.41; P.L.74-2017, SEC.12.

IC 3-6-9-13 Watcher rights; reporting of violations; removal and

revocation of credentials
Sec. 13. (a) A watcher appointed under this chapter is entitled to do the following:
(1) Enter the polls at least thirty (30) minutes before the opening of the polls and
remain there throughout election day until all tabulations have been completed.
(2) Inspect the paper ballot boxes, ballot card voting system, or electronic voting
system before votes have been cast.
(3) Inspect the work being done by any precinct election officer (except when a
precinct election officer enters a confidential login or password to obtain access to an
electronic poll book or to operate a voting system).
(4) Enter, leave, and reenter the polls at any time on election day.
(5) Witness the calling and recording of the votes and any other proceedings of the
precinct election officers in the performance of official duties.
(6) Receive a summary of the vote prepared under IC 3-12-2-15, IC 3-12-3-2,
IC 3-12-3-11, or IC 3-12-3.5-3, signed by the precinct election board, providing:
(A) the names of all candidates of the political party whose primary election is being
observed by the watcher and the number of votes cast for each candidate if the
watcher is appointed under section 1(a)(1) of this chapter; or
(B) the names of all candidates at a school board election and the number of votes

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 cast for each candidate if the watcher is appointed under section 1(a)(2) of this
chapter.
(7) Accompany the inspector and the judge in delivering the tabulation and the election
returns to the county election board by the most direct route.
(8) Be present when the inspector takes a receipt for the tabulation and the election
returns delivered to the county election board.
(b) A watcher appointed under this chapter shall report any violation of election laws that
comes to the watcher's attention to any of the following:
(1) The inspector of the precinct.
(2) The county election board.
(3) The prosecuting attorney.
(c) A watcher may not object to any other precinct election officer concerning an alleged
violation of election laws unless the watcher has the prior consent of the inspector.
(d) Upon the unanimous vote of the entire membership of the county election board, a
watcher who violates subsection (c) or engages in other disruptive action in the polls may:
(1) be removed from the polls; and
(2) have the watcher's credentials revoked.
As added by P.L.14-2004, SEC.15. Amended by P.L.221-2005, SEC.12; P.L.169-2015,
SEC.13; P.L.209-2021, SEC.9.

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IC 3-6-10 Chapter 10. Watchers for the Media

3-6-10-1 Media entitled to watchers

3-6-10-2 List of watchers; signature
3-6-10-3 Persons entitled to receive list
3-6-10-4 Application of IC 3-6-10-2 and IC 3-6-10-3
3-6-10-5 Watcher identification card; powers; photographing proceedings;
photographing voters
3-6-10-5.5 Watcher rights
3-6-10-6 Multiple county media watchers; procurement of watcher identification card

IC 3-6-10-1 Media entitled to watchers

Sec. 1. (a) The following media may appoint in writing one (1) watcher for each precinct:
(1) Each newspaper of general circulation in the county where an election is held.
(2) Each news service operating in the county where an election is held.
(3) Each radio or television station operating in the county where an election is held.
(b) If more than one (1) precinct votes at the same polling place, the number of watchers
for each entity described in subsection (a) entitled to be present at the polling place equals
the number of precincts voting at the polling place.
(c) In a county designated as a vote center county under IC 3-11-18.1, the number of
watchers for each entity described in subsection (a) entitled to be present at the vote center
is one (1) watcher for:
(1) each electronic poll book station present at the vote center; or
(2) the number of electronic poll book stations specified in the county vote center plan
for the vote center;
whichever is greater.
[Pre-1986 Recodification Citation: 3-1-6-2(d) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.42; P.L.4-1996, SEC.13;
P.L.74-2017, SEC.13.

IC 3-6-10-2 List of watchers; signature

Sec. 2. A list of all persons appointed under section 1 of this chapter shall be prepared and
signed by an individual or an officer of the corporation owning the newspaper, news service,
radio station, or television station. The signature must be verified.
[Pre-1986 Recodification Citation: 3-1-6-2(d) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.43.

IC 3-6-10-3 Persons entitled to receive list

Sec. 3. The list required by section 2 of this chapter shall be furnished the day before
election day to the following:
(1) The circuit court clerk.
(2) The county election board.
(3) The county chairman of each political party that is entitled to appoint a watcher
under IC 3-6-8.
(4) The chairman of each independent candidate's committee that is entitled to appoint
a watcher under IC 3-6-8.
[Pre-1986 Recodification Citation: 3-1-6-2(d) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.29.

IC 3-6-10-4 Application of IC 3-6-10-2 and IC 3-6-10-3

Sec. 4. Sections 2 and 3 of this chapter do not apply to persons who are employed by a
newspaper, news service, radio station, or television station as their regular occupation.
[Pre-1986 Recodification Citation: 3-1-6-2(d) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.44.

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IC 3-6-10-5 Watcher identification card; powers; photographing
proceedings; photographing voters
Sec. 5. (a) Each person who acts as a watcher under this chapter must obtain a watcher
identification card from the county election board. The identification card issued under this
subsection must clearly state the following:
(1) The status of the individual as an appointed watcher.
(2) The name of the individual serving as a watcher.
(3) The name of the person that appointed the individual as a watcher.
(b) Watchers appointed under this chapter do not have a voice or vote in any proceeding
of a precinct election board. The watchers may attend the election as witnesses only and are
subject to the orders of the board.
(c) Except as provided in subsection (d), a watcher appointed under this chapter may
photograph the proceedings of a precinct election board.
(d) A watcher appointed under this chapter may not photograph a voter:
(1) while the voter is in the polls if the voter informs the precinct election board that
the voter objects to being photographed by the watcher; or
(2) in a manner that permits the watcher to see or know for what ticket, candidates, or
public questions the voter has voted.
[Pre-1986 Recodification Citation: 3-1-6-2(d) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.45; P.L.7-1990, SEC.5;
P.L.4-1996, SEC.14; P.L.230-2005, SEC.22.

IC 3-6-10-5.5 Watcher rights

Sec. 5.5. A watcher appointed under this chapter is entitled to do the following:
(1) Enter the polls at least thirty (30) minutes before the opening of the polls and
remain there throughout election day until all tabulations have been completed.
(2) Inspect the paper ballot boxes, ballot card voting system, or electronic voting
system before votes have been cast.
(3) Inspect the work being done by any precinct election officer (except when a
precinct election officer enters a confidential login or password to obtain access to an
electronic poll book or to operate a voting system).
(4) Enter, leave, and reenter the polls at any time on election day.
(5) Witness the calling and recording of the votes and any other proceedings of the
precinct election officers in the performance of official duties.
(6) Receive a summary of the vote prepared under IC 3-12-2-15, IC 3-12-3-2,
IC 3-12-3-11, or IC 3-12-3.5-3, signed by the precinct election board, providing the
names of all candidates and the number of votes cast for each candidate and the votes
cast for or against a public question.
(7) Accompany the inspector and the judge in delivering the tabulation and the election
returns to the county election board by the most direct route.
(8) Be present when the inspector takes a receipt for the tabulation and the election
returns delivered to the county election board.
As added by P.L.14-2004, SEC.16. Amended by P.L.221-2005, SEC.13; P.L.169-2015,
SEC.14.

IC 3-6-10-6 Multiple county media watchers; procurement of watcher

identification card
Sec. 6. If a person desires to act as a watcher for a newspaper, news service, radio station,
or television station in more than one (1) county in Indiana, the person must obtain a watcher
identification card from the election division. The secretary of state may adopt rules under
IC 4-22-2 to implement this section.
As added by P.L.3-1987, SEC.46. Amended by P.L.2-1996, SEC.7; P.L.3-1997, SEC.50.

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IC 3-6-11 Chapter 11. Poll Takers

3-6-11-1 Polls of voters

3-6-11-2 Certification of polling organization
3-6-11-2.5 Polls taken in student housing
3-6-11-2.6 Procedures for taking polls in student housing
3-6-11-2.7 Requirements for poll takers entering student housing
3-6-11-3 Reports by poll takers
3-6-11-4 Repealed
3-6-11-5 Places of lodging; entry by poll taker
3-6-11-6 Repealed
3-6-11-7 Failure to permit entry; meeting of county election board; violations
3-6-11-7.5 Repealed
3-6-11-8 Exemption for small lodging houses
3-6-11-9 Exemption for armed services camps or barracks

IC 3-6-11-1 Polls of voters

Sec. 1. A political party, civic association, or other organization may, at any time before
an election, take a poll of voters qualified to vote at the election.
[Pre-1986 Recodification Citation: 3-1-20-1 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-11-2 Certification of polling organization

Sec. 2. The chairman, president, or other chief officer of the organization taking a poll
under section 1 of this chapter shall issue to the persons taking the poll a certificate showing
the nature of the poll and the organization for which the poll is to be taken.
[Pre-1986 Recodification Citation: 3-1-20-1 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.7-1990, SEC.6.

IC 3-6-11-2.5 Polls taken in student housing

Sec. 2.5. During the last thirty (30) days of each registration period, excluding school
holidays, a college or university shall permit a student to knock on the door of each room in
the living areas of student housing at the college or university to conduct a poll under this
chapter.
As added by P.L.3-1997, SEC.51.

IC 3-6-11-2.6 Procedures for taking polls in student housing

Sec. 2.6. An organization or individual conducting activities under section 2.5 of this
chapter shall follow the following procedures:
(1) Submit a list of poll takers to the person designated by the college or university.
(2) If the student housing is not covered by a policy limiting visitation by members of
the other gender in the living areas of the student housing, conduct the activities
permitted under section 2.5 of this chapter between 10 a.m. and 8 p.m.
(3) If the student housing is covered by a policy limiting visitation by members of the
other gender in the living areas of the student housing, conduct the activities permitted
under section 2.5 of this chapter during the most restrictive of the following times:
(A) Between 10 a.m. and 8 p.m.
(B) During the hours visitation is permitted.
As added by P.L.3-1997, SEC.52.

IC 3-6-11-2.7 Requirements for poll takers entering student housing

Sec. 2.7. A poll taker entering student housing under section 2.5 of this chapter must:
(1) be a student enrolled at the college or university;
(2) carry a poll taker’s certificate issued under section 2 of this chapter;

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 (3) carry an identification card that includes a photograph of the student;
(4) check in at the main desk, or with the person in charge of security for the building,
upon arrival at the student housing; and
(5) check out at the main desk or with the person in charge of security for the building
before departing.
As added by P.L.3-1997, SEC.53.

IC 3-6-11-3 Reports by poll takers

Sec. 3. Each poll taker shall make a full, true, and complete list of all persons whose
names are reported as voters, with such comments as the poll taker considers proper
concerning the voters' respective qualifications.
[Pre-1986 Recodification Citation: 3-1-20-3.]
As added by P.L.5-1986, SEC.2.

IC 3-6-11-4 Repealed
[Pre-1986 Recodification Citation: 3-1-20-2 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.83-2016, SEC.1.

IC 3-6-11-5 Places of lodging; entry by poll taker

Sec. 5. (a) This section does not apply to the proprietor or manager of a residential mental
health facility.
(b) As used in this section, "place of lodging" refers to any of the following:
(1) A boarding house.
(2) A lodging house.
(3) A residential building.
(4) An apartment.
(5) Any other place within which persons are lodged.
(c) The:
(1) proprietor or manager of a place of lodging; or
(2) association of co-owners;
shall allow a poll taker for a political party or an independent candidate for a federal or a
state office to enter a place of lodging or a condominium during reasonable hours to take a
poll of residents.
[Pre-1986 Recodification Citation: 3-1-20-2 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.7-1990, SEC.7; P.L.4-1991, SEC.20;
P.L.3-1993, SEC.30; P.L.12-1995, SEC.19; P.L.2-1996, SEC.8; P.L.2-2002, SEC.23;
P.L.83-2016, SEC.2; P.L.201-2017, SEC.2.

IC 3-6-11-6 Repealed
[Pre-1986 Recodification Citation: 3-1-20-2 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.4-1991, SEC.21. Repealed by
P.L.83-2016, SEC.3.

IC 3-6-11-7 Failure to permit entry; meeting of county election board;

violations
Sec. 7. (a) If the proprietor, manager, or association of co-owners does not permit a poll
taker for a political party or an independent candidate for a federal or a state office to enter
the place or condominium under section 5(c) of this chapter, the chairman of the county
election board of the county in which the place or condominium is located shall call a
meeting of the board under IC 3-6-5.
(b) The secretary of the county election board shall notify the proprietor, manager, or
association of the meeting by certified mail, return receipt requested.
(c) The county election board shall receive evidence concerning violations of this section

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and, if the board determines that reasonable cause exists to believe that a violation has
occurred, forward a copy of the minutes of the meeting to the prosecuting attorney of the
county in which the place or condominium is located for proceedings under IC 34-28-5.
[Pre-1986 Recodification Citation: 3-1-20-2 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.7-1990, SEC.8; P.L.4-1991, SEC.22;
P.L.3-1993, SEC.31; P.L.1-1998, SEC.62; P.L.83-2016, SEC.4.

IC 3-6-11-7.5 Repealed
As added by P.L.7-1990, SEC.9. Repealed by P.L.83-2016, SEC.5.

IC 3-6-11-8 Exemption for small lodging houses

Sec. 8. The keeping of three (3) or fewer persons as guests or lodgers in a building does
not constitute a building subject to section 5 of this chapter.
[Pre-1986 Recodification Citation: 3-1-20-2 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-11-9 Exemption for armed services camps or barracks

Sec. 9. This chapter does not apply to a camp or barracks maintained by or for the armed
services of the United States.
[Pre-1986 Recodification Citation: 3-1-20-2 part.]
As added by P.L.5-1986, SEC.2.

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IC 3-6-12 Chapter 12. Carriers of Petitions for Candidates and Public
Questions

3-6-12-1 Applicability of chapter

3-6-12-2 "Petition carrier"
3-6-12-3 "Petition statute"
3-6-12-4 "Signature page"
3-6-12-5 Petition statute governs conflicts
3-6-12-6 Other qualifications or requirements for petition carriers
3-6-12-7 Petition carrier affirmation; required information
3-6-12-8 Signature pages accepted without making validity determination
3-6-12-9 Notice of noncompliance; additions and corrections to signature pages
3-6-12-10 Challenge to candidate having noncompliant signature pages

IC 3-6-12-1 Applicability of chapter

Sec. 1. This chapter applies to a petition that is required to place a candidate or a public
question on the ballot.
As added by P.L.186-2013, SEC.1.

IC 3-6-12-2 "Petition carrier"

Sec. 2. As used in this chapter, "petition carrier" refers to an individual who circulates a
petition that is required to place a candidate or a public question on the ballot. The term
includes a candidate circulating a petition for the candidate's placement on the ballot.
As added by P.L.186-2013, SEC.1. Amended by P.L.278-2019, SEC.10.

IC 3-6-12-3 "Petition statute"

Sec. 3. As used in this chapter, "petition statute" refers to the statute that requires the
signatures of petitioners to place a candidate or a public question on the ballot.
As added by P.L.186-2013, SEC.1.

IC 3-6-12-4 "Signature page"

Sec. 4. As used in this chapter, "signature page" refers to a page of a petition on which
petitioners sign their names and provide other information required by the petition statute.
As added by P.L.186-2013, SEC.1.

IC 3-6-12-5 Petition statute governs conflicts

Sec. 5. If there is a conflict between this chapter and a specific applicable provision of the
petition statute, the provision of the petition statute governs.
As added by P.L.186-2013, SEC.1.

IC 3-6-12-6 Other qualifications or requirements for petition carriers

Sec. 6. A petition carrier must satisfy all other qualifications or requirements required by
the petition statute in addition to the qualifications and requirements of this chapter.
As added by P.L.186-2013, SEC.1.

IC 3-6-12-7 Petition carrier affirmation; required information

Sec. 7. (a) The petition carrier must sign and date the following statement at the bottom
of each signature page: "I affirm under the penalties for perjury that I have no reason to
believe that any individual whose signature appears on this page is ineligible to sign this
petition or did not properly complete and sign this page.".
(b) The petition carrier must also print the following information below the affirmation
stated in subsection (a):
(1) The petition carrier's name.
(2) The petition carrier's full address, including the ZIP code.

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 (3) The petition carrier's date of birth.
As added by P.L.186-2013, SEC.1.

IC 3-6-12-8 Signature pages accepted without making validity

determination
Sec. 8. A signature page:
(1) that does not satisfy section 7 of this chapter; or
(2) that is signed by a petition carrier who does not comply with this chapter or the
petition statute;
must be received for filing, if the signature page otherwise complies with IC 3-5-4, and must
be retained as required under IC 3-10-1-31.1. However, subject to section 9 of this chapter,
a county voter registration office shall not make a determination regarding the validity of the
signatures on the signature page.
As added by P.L.186-2013, SEC.1.

IC 3-6-12-9 Notice of noncompliance; additions and corrections to

signature pages
Sec. 9. (a) If a county voter registration office determines that a signature page does not
comply with this chapter, the county voter registration office shall give the best possible
notice of its determination to the petition carrier who submitted the signature page to allow
for the correction of the signature page as provided by subsection (b).
(b) If the final date and hour for filing a petition with the county voter registration office
has not passed, a petition carrier may add or correct information described in section 7 of this
chapter set forth on a signature page:
(1) circulated by the petition carrier; and
(2) previously filed with the county voter registration office.
(c) A petition carrier may not make any additions or corrections to a signature page:
(1) after the final date and hour for filing a petition has passed; or
(2) concerning information supplied by or requested from the voter.
As added by P.L.186-2013, SEC.1.

IC 3-6-12-10 Challenge to candidate having noncompliant signature pages

Sec. 10. If one (1) or more signature pages do not comply with this chapter after the final
date and hour for filing the petition has passed, a challenge to the placement of the candidate
or public question on the ballot may be filed with the county election board or the election
division as provided by law.
As added by P.L.186-2013, SEC.1.

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IC 3-7 ARTICLE 7. VOTER REGISTRATION

Ch. 1. Repealed
Ch. 2. Repealed
Ch. 3. Repealed
Ch. 4. Repealed
Ch. 4.5. Repealed
Ch. 5. Repealed
Ch. 5.1. Repealed
Ch. 6. Repealed
Ch. 7. Repealed
Ch. 7.5. Repealed
Ch. 8. Repealed
Ch. 9. Repealed
Ch. 10. General Provisions
Ch. 11. State Administration of Voter Registration
Ch. 12. County Administration of Voter Registration
Ch. 13. Registration and Voting Requirements; General Provisions
Ch. 14. Registration Procedures at License Branches
Ch. 15. Registration Procedures at Public Assistance Agencies
Ch. 16. Registration at Agencies Serving Persons With Disabilities
Ch. 17. Registration at Armed Forces Recruitment Offices
Ch. 18. Registration in Additional Offices; General Provisions
Ch. 19. Registration in Board of Registration Offices
Ch. 20. Repealed
Ch. 20.5. Registration in Unemployment Compensation Offices
Ch. 21. Procedures for Designating Additional Voter Registration Offices; County
NVRA Implementation Plans
Ch. 22. Mail Registration
Ch. 23. Repealed
Ch. 24. Distribution Sites for Mail Registration Forms
Ch. 25. Repealed
Ch. 26. Repealed
Ch. 26.3. Statewide Voter Registration List
Ch. 26.4. Statewide Voter Registration Information
Ch. 26.7. Online Voter Registration
Ch. 27. County Voter Registration; Offices and Records Generally
Ch. 28. County Voter Registration; Providing Records to Candidates and Parties
Ch. 29. County Voter Registration; Providing Records to Precinct Inspectors
Ch. 30. Voter Registration Record Confidentiality Requirements and Use Restrictions
Ch. 31. Registration Forms; Content
Ch. 32. Registration Forms; Completion by Voters
Ch. 33. Registration Forms; General Procedures for Processing by Counties
Ch. 34. Registration Forms; Special Procedures for Processing Incomplete or
Incorrectly Filed Applications
Ch. 35. Registration Forms; Special Procedures for Processing Applications From
Persons Less Than 18 Years of Age
Ch. 36. Special Registration Procedures for Military Voters and Overseas Voters
Ch. 37. Special Registration Procedures for Homeless or Mobile Voters
Ch. 38. Repealed
Ch. 38.1. Repealed
Ch. 38.2. Voter List Maintenance Programs
Ch. 39. Address Changes by Voter on Registration Records
Ch. 40. Address Changes by Governmental Agencies on Registration Records
Ch. 40.5. Changes in Registration Records to Update Signature of Voter
Ch. 41. Name Changes on Registration Records
Ch. 42. Changes in Registration Records Due to Precinct Boundary Changes
Ch. 43. Removal From Registration Records Due to Request of Voter
Ch. 44. Repealed
Ch. 45. Removal From Registration Records Due to Death
Ch. 46. Removal From Registration Records Due to Criminal Conviction and

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 Incarceration
Ch. 47. Repealed
Ch. 48. Determining Registration Status on Election Day

IC 3-7-1 Chapter 1. Repealed

[Pre-1986 Recodification Citations:
3-7-1-1 formerly 3-1-7-26
3-7-1-2 formerly 3-1-7-26.1; 3-1-9-3 part
3-7-1-3 formerly 3-1-21-3(1)
3-7-1-4 formerly 3-1-21-3(2)
3-7-1-5 formerly 3-1-21-3(3)
3-7-1-6 formerly 3-1-21-3(4)
3-7-1-7 formerly 3-1-21-3(5) part
3-7-1-8 formerly 3-1-21-3(5) part
3-7-1-9 formerly 3-1-21-3(6)
3-7-1-10 formerly 3-1-21-3(7)
3-7-1-11 formerly 3-1-21-3(8)
3-7-1-12 formerly 3-1-21-3(9)
3-7-1-13 formerly 3-1-21-3(10)
3-7-1-14 formerly 3-1-21-3(11)
3-7-1-15 formerly 35-50-1-4.]
Repealed by P.L.12-1995, SEC.138.

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IC 3-7-2 Chapter 2. Repealed
[Pre-1986 Recodification Citations:
3-7-2-1 formerly 3-1-7-6.1(a) part
3-7-2-2 formerly 3-1-7-6.1(a) part; 3-1-7-6.1(d) part
3-7-2-3 formerly 3-1-7-6.1(a) part
3-7-2-4 formerly 3-1-7-6.1(a) part
3-7-2-5 formerly 3-1-7-6.1(d) part; 3-1-7-6.2(a)
3-7-2-6 formerly 3-1-7-6.2(b), (c)
3-7-2-7 formerly 3-1-7-6.2(d)
3-7-2-8 formerly 3-1-7-6.3(b)
3-7-2-9 formerly 3-1-7-6.2(e) part; 3-1-7-6.2(g) part
3-7-2-10 formerly 3-1-7-27
3-7-2-11 formerly 3-1-7-6.1(b) part
3-7-2-12 formerly 3-1-7-6.1(b) part
3-7-2-13 formerly 3-1-7-6.1(b) part
3-7-2-14 formerly 3-1-7-6.1(b) part
3-7-2-15 formerly 3-1-7-6.1(c) part
3-7-2-16 formerly 3-1-7-6.1(c) part
3-7-2-17 formerly 3-1-7-6.1(c) part
3-7-2-18 formerly 3-1-7-6.1(c) part
3-7-2-19 formerly 3-1-7-6.1(d) part
3-7-2-20 formerly 3-1-7-5(c) part
3-7-2-21 formerly 3-1-7-6.2(f) part
3-7-2-22 formerly 3-1-7-6.1(e)
3-7-2-23 formerly 3-1-7-6.2(h)
3-7-2-24 formerly 3-1-7-6.3(c)
3-7-2-25 formerly 3-1-7-33
3-7-2-26 formerly 3-1-7-34.]
Repealed by P.L.12-1995, SEC.138.

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IC 3-7-3 Chapter 3. Repealed
[Pre-1986 Recodification Citations:
3-7-3-1 formerly 3-1-7-2
3-7-3-2 formerly 3-1-7-3
3-7-3-3 formerly 3-1-7-4
3-7-3-4 formerly 3-1-7-7(a)
3-7-3-5 formerly 3-1-7-7(b)
3-7-3-6 formerly 3-1-7-7(c) part
3-7-3-7 formerly 3-1-7-7(c) part; 3-1-7-7(d)
3-7-3-8 formerly 3-1-7-8(a) part
3-7-3-9 formerly 3-1-7-9(a), (f), (g)
3-7-3-10 formerly 3-1-7-9(d)
3-7-3-11 formerly 3-1-7-9(e)
3-7-3-12 formerly 3-1-7-9(b) part
3-7-3-13 formerly 3-1-7-8(a) part
3-7-3-14 formerly 3-1-7-8(a) part
3-7-3-15 formerly 3-1-7-8(b) part
3-7-3-16 formerly 3-1-7-8(b) part
3-7-3-17 formerly 3-1-7-8(b) part
3-7-3-18 formerly 3-1-7-11 part
3-7-3-19 formerly 3-1-7-11 part
3-7-3-20 formerly 3-1-7-10 part
3-7-3-21 formerly 3-1-7-6.5
3-7-3-22 formerly 3-1-7-12(a) part
3-7-3-23 formerly 3-1-7-12(a) part
3-7-3-24 formerly 3-1-7-11 part; 3-1-7-12(a) part
3-7-3-25 formerly 3-1-7-28 part.]
Repealed by P.L.12-1995, SEC.138.

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IC 3-7-4 Chapter 4. Repealed
[Pre-1986 Recodification Citations:
3-7-4-1 formerly 3-1-7-8(c)(1)
3-7-4-2 formerly 3-1-7-8(c)(2)
3-7-4-3 formerly 3-1-7-8(c)(3)
3-7-4-4 formerly 3-1-7-8(c)(4)
3-7-4-5 formerly 3-1-7-8(c)(5)
3-7-4-6 formerly 3-1-7-9.1.]
Repealed by P.L.12-1995, SEC.138.

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IC 3-7-4.5 Chapter 4.5. Repealed
Repealed by P.L.12-1995, SEC.138.

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IC 3-7-5 Chapter 5. Repealed
[Pre-1986 Recodification Citations:
3-7-5-1 formerly 3-1-7-12(c) part
3-7-5-2 formerly 3-1-7-9(b) part
3-7-5-3 formerly 3-1-7-9(b) part
3-7-5-4 formerly 3-1-7-9(c)
3-7-5-5 formerly 3-1-7-12(a) part
3-7-5-6 formerly 3-1-7-12(b)
3-7-5-7 formerly 3-1-7-12(c) part
3-7-5-8 formerly 3-1-7-12(c) part
3-7-5-9 formerly 3-1-7-12(c) part
3-7-5-10 formerly 3-1-7-12(c) part
3-7-5-11 formerly 3-1-7-12(c) part
3-7-5-12 formerly 3-1-7-12(c) part.]
Repealed by P.L.8-1992, SEC.43.

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IC 3-7-5.1 Chapter 5.1. Repealed
Repealed by P.L.12-1995, SEC.138.

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IC 3-7-6 Chapter 6. Repealed
[Pre-1986 Recodification Citations:
3-7-6-1 formerly 3-1-7.1-1
3-7-6-2 formerly 3-1-7.1-2
3-7-6-3 formerly 3-1-7.1-3(a)
3-7-6-4 formerly 3-1-7.1-3(b)
3-7-6-5 formerly 3-1-7.1-3(c)
3-7-6-6 formerly 3-1-7.1-4
3-7-6-7 formerly 3-1-7.1-5
3-7-6-8 formerly 3-1-7.1-6.]
Repealed by P.L.3-1995, SEC.154.

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IC 3-7-7 Chapter 7. Repealed
[Pre-1986 Recodification Citations:
3-7-7-1 formerly 3-1-7-6.2(g) part
3-7-7-2 formerly 3-1-7-6.2(g) part
3-7-7-3 formerly 3-1-7-6.2(g) part
3-7-7-4 formerly 3-1-7-14 part
3-7-7-5 formerly 3-1-7-14 part
3-7-7-6 formerly 3-1-7-14 part
3-7-7-7 formerly 3-1-7-15 part
3-7-7-8 formerly 3-1-7-30
3-7-7-9 formerly 3-1-7-16 part
3-7-7-10 formerly 3-1-7-16 part
3-7-7-11 formerly 3-1-7-15 part; 3-1-7-29
3-7-7-12 formerly 3-1-7-6.3(a).]
Repealed by P.L.12-1995, SEC.138.

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IC 3-7-7.5 Chapter 7.5. Repealed
Repealed by P.L.12-1995, SEC.138.

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IC 3-7-8 Chapter 8. Repealed
[Pre-1986 Recodification Citations:
3-7-8-1 formerly 3-1-7-13(a) part
3-7-8-2 formerly 3-1-7-10 part
3-7-8-3 formerly 3-1-7-13(b) part
3-7-8-4 formerly 3-1-7-13(b) part
3-7-8-5 formerly 3-1-7-13(c)
3-7-8-6 formerly 3-1-7-13(a) part
3-7-8-7 formerly 3-1-7-13(a) part
3-7-8-8 formerly 3-1-7-13(a) part
3-7-8-9 formerly 3-1-7-13(a) part
3-7-8-10 formerly 3-1-7-10 part
3-7-8-11 formerly 3-1-7-13(d)(1)
3-7-8-12 formerly 3-1-7-13(d)(2) part
3-7-8-13 formerly 3-1-7-13(d)(2) part
3-7-8-14 formerly 3-1-7-13(e)
3-7-8-15 formerly 3-1-9-10.5 part; 3-1-23-21.5 part
3-7-8-16 formerly 3-1-9-10.5 part; 3-1-23-21.5 part
3-7-8-17 formerly 3-1-9-10.5 part; 3-1-23-21.5 part
3-7-8-18 formerly 3-1-23-6.5
3-7-8-19 formerly 3-1-7-17 part
3-7-8-20 formerly 3-1-7-17 part.]
Repealed by P.L.12-1995, SEC.138.

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IC 3-7-9 Chapter 9. Repealed
[Pre-1986 Recodification Citations:
3-7-9-1 formerly 3-1-7-18 part
3-7-9-2 formerly 3-1-7-18 part
3-7-9-3 formerly 3-1-7-18 part
3-7-9-4 formerly 3-1-7-18 part
3-7-9-5 formerly 3-1-7-18 part
3-7-9-6 formerly 3-1-7-18 part
3-7-9-7 formerly 3-1-7-18 part
3-7-9-8 formerly 3-1-7-18 part
3-7-9-9 formerly 3-1-7-19 part
3-7-9-10 formerly 3-1-7-19 part
3-7-9-11 formerly 3-1-7-20; 3-1-7-21
3-7-9-12 formerly 3-1-7-22
3-7-9-13 formerly 3-1-7-23(a)
3-7-9-14 formerly 3-1-7-23(b) part
3-7-9-15 formerly 3-1-7-23(b) part
3-7-9-16 formerly 3-1-7-23(c)
3-7-9-17 formerly 3-1-7-24(a)
3-7-9-18 formerly 3-1-7-24(b)
3-7-9-19 formerly 3-1-7-24(c)
3-7-9-20 formerly 3-1-7-25 part
3-7-9-21 formerly 3-1-7-25 part.]
Repealed by P.L.12-1995, SEC.138.

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IC 3-7-10 Chapter 10. General Provisions

3-7-10-1 Provisions by general assembly for voter registration

3-7-10-2 "License branch"

IC 3-7-10-1 Provisions by general assembly for voter registration

Sec. 1. This article is enacted by the general assembly to implement Article 2, Section
14(c) of the Constitution of the State of Indiana, which requires the general assembly to
provide for the registration of all persons entitled to vote.
As added by P.L.176-1999, SEC.19.

IC 3-7-10-2 "License branch"

Sec. 2. For purposes of this article, "license branch" includes a location operated by a full
service provider (as defined in IC 9-14.1-1-2).
As added by P.L.198-2016, SEC.1.

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IC 3-7-11 Chapter 11. State Administration of Voter Registration

3-7-11-1 Designation of chief state election official

3-7-11-2 Duties of NVRA official
3-7-11-3 Written notice of violation
3-7-11-4 Determination of violation
3-7-11-5 Determination that no violation exists; persons to be notified
3-7-11-6 Investigation of violation
3-7-11-7 Report of investigation; persons to be given copy of report
3-7-11-8 Contents of report
3-7-11-9 Request for hearing
3-7-11-10 Hearing within 30 days
3-7-11-11 Duties of commission after hearing
3-7-11-12 Persons to whom written summary of action provided
3-7-11-13 Attorney general may file for declaratory or injunctive relief for certain
violations; notice filed by person aggrieved; stay of proceedings of NVRA
official
3-7-11-14 Procedures for notice; remedies and procedures for aggrieved person if
violation not corrected
3-7-11-15 Attorney's fees

IC 3-7-11-1 Designation of chief state election official

Sec. 1. The co-directors of the election division are jointly designated under 52 U.S.C.
20509 as the chief state election official responsible for the coordination of state
responsibilities under NVRA.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.20; P.L.258-2013,
SEC.20; P.L.128-2015, SEC.28.

IC 3-7-11-2 Duties of NVRA official

Sec. 2. The NVRA official shall do the following:
(1) Coordinate with the commission to oversee the implementation and administration
of NVRA by the state, county, municipal, and nongovernmental offices designated as
registration sites under this article.
(2) Develop training programs to assist the offices described in subdivision (1) in
properly administering registration services.
(3) Protect the fundamental rights of voters.
(4) Consult with the federal Election Assistance Commission under 52 U.S.C. 20508
to develop a federal mail registration form.
(5) Comply with 52 U.S.C. 20505(b) by making federal and state mail registration
forms available for distribution through governmental and private entities, with
particular emphasis on making the forms available for organized voter registration
programs.
(6) Comply with 52 U.S.C. 20507(g) by notifying a county registration officer
whenever the NVRA official receives information from a United States attorney that:
(A) a person has been convicted of a felony in a district court of the United States;
or
(B) the conviction has been overturned.
(7) Receive notices from voter registration agencies in other states indicating that a
person has registered in that state and requests that the person's registration in Indiana
be canceled.
(8) Forward notices received under subdivision (7) to the appropriate circuit court clerk
or board of registration for cancellation of the voter's registration as provided in 52
U.S.C. 20507(a)(3)(A).
(9) Assist the federal Election Assistance Commission under 52 U.S.C. 20508(a)(3) by
preparing reports concerning the impact of NVRA on election administration in

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 Indiana.
(10) Recommend improvements to the Federal Election Commission concerning
federal and state procedures, forms, or other matters affected by NVRA.
(11) Develop public awareness programs to assist voters in understanding the services
available to them under NVRA.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.21; P.L.209-2003,
SEC.20; P.L.128-2015, SEC.29.

IC 3-7-11-3 Written notice of violation

Sec. 3. (a) This section applies when a person aggrieved by a violation of:
(1) NVRA; or
(2) this article;
files a written notice of the violation with the NVRA official under 52 U.S.C. 20510(b) or
this chapter. A person who files a written notice of violation under this section must state in
the notice whether the person has filed a written notice concerning the violation with the
circuit court clerk under IC 3-7-12.
(b) The NVRA official shall promptly provide a copy of the notice by electronic mail, if
a usable electronic mail address is available, or by first class mail to:
(1) the person alleged to have committed the violation; and
(2) the members of the commission.
(c) Notwithstanding this chapter, a person aggrieved by a violation of NVRA or this
article may file a written notice of violation with the circuit court clerk of the county where
the violation allegedly occurred. If a person files a written notice with the circuit court clerk,
the NVRA official shall not begin enforcement procedures under this chapter regarding the
complaint unless the person files a complaint with the NVRA official under this chapter.
(d) This subsection applies if the written notice of violation alleges that either co-director
has committed a violation. The aggrieved person shall file the written notice with the chair
of the commission. The chair of the commission shall perform the duties otherwise performed
by the NVRA official concerning a written notice of violation.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.22; P.L.128-2015,
SEC.30; P.L.169-2015, SEC.15.

IC 3-7-11-4 Determination of violation

Sec. 4. The NVRA official shall determine whether a notice filed under section 3 of this
chapter describes a violation of NVRA or this article if the facts set forth in the notice are
assumed to be true.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.23.

IC 3-7-11-5 Determination that no violation exists; persons to be notified

Sec. 5. If the NVRA official determines that the notice does not allege a violation of
NVRA or this article, even if the facts set forth in the notice are assumed to be true, the
NVRA official shall provide a copy of the determination to:
(1) the person who filed the notice by first class mail with tracking;
(2) the person alleged to have committed the violation by first class mail with tracking;
(3) the members of the commission by filing a copy with the election division; and
(4) the attorney general by electronic mail.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.24; P.L.227-2023, SEC.21.

IC 3-7-11-6 Investigation of violation

Sec. 6. If the NVRA official determines that the notice alleges a violation of NVRA or
this article if the facts set forth in the notice are assumed to be true, the NVRA official shall
conduct an investigation under IC 3-6-4.2.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.25; P.L.209-2003, SEC.21.

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IC 3-7-11-7 Report of investigation; persons to be given copy of report
Sec. 7. The NVRA official, upon completing the investigation, shall submit the results of
the investigation to the commission, who shall then issue a written report. The commission
shall provide a copy of the report to:
(1) the person who filed the notice by first class mail with tracking;
(2) the person alleged to have committed the violation by first class mail with tracking;
(3) the members of the commission by filing a copy with the election division; and
(4) the attorney general by electronic mail.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.26; P.L.227-2023, SEC.22.

IC 3-7-11-8 Contents of report

Sec. 8. The report described in section 7 of this chapter must:
(1) indicate the date when the notice alleging the violation was received by the NVRA
official;
(2) contain findings of fact regarding the alleged violation of NVRA or this article and
state whether a violation of NVRA or this article appears to have occurred;
(3) state what steps, if any, the person alleged to have committed the violation has taken
to correct a violation or to prevent a reoccurrence of a violation;
(4) suggest any additional measures that could be taken to correct a violation;
(5) indicate the date when a violation was corrected or is expected to be corrected; and
(6) indicate the number of days remaining after the issuance of the report until the next
election will be conducted:
(A) for a federal office in the jurisdiction where the violation is alleged to have
occurred if the notice alleges a violation of NVRA; or
(B) for any other office or on any public question if the notice alleges a violation of
this article.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.27.

IC 3-7-11-9 Request for hearing

Sec. 9. (a) Any member of the commission may request that the commission conduct a
hearing on the NVRA official's report concerning an alleged violation of NVRA or this
article.
(b) The member must file a written request for a hearing under subsection (a) with the
NVRA official not later than noon, seven (7) days after the NVRA official's report was
mailed under section 7 of this chapter.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.28.

IC 3-7-11-10 Hearing within 30 days

Sec. 10. The chairman of the commission shall convene the hearing as promptly as
possible, but not later than thirty (30) days after the member files the request for a hearing
under section 9 of this chapter.
As added by P.L.12-1995, SEC.20. Amended by P.L.2-1998, SEC.3.

IC 3-7-11-11 Duties of commission after hearing

Sec. 11. After concluding the hearing, the commission shall:
(1) affirm the report;
(2) amend the report; or
(3) refer the matter to the NVRA official for further investigation and submission of a
subsequent report to the commission.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.29.

IC 3-7-11-12 Persons to whom written summary of action provided

Sec. 12. The commission shall forward a written summary of any action under section 11

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of this chapter to:
(1) the person who filed the notice by first class mail with tracking;
(2) the person alleged to have committed the violation by first class mail with tracking;
and
(3) the attorney general by electronic mail.
As added by P.L.12-1995, SEC.20. Amended by P.L.2-1996, SEC.9; P.L.227-2023, SEC.23.

IC 3-7-11-13 Attorney general may file for declaratory or injunctive relief

for certain violations; notice filed by person aggrieved; stay of
proceedings of NVRA official
Sec. 13. (a) This section applies to an election for an elected office or on a public question
that is not an election (as defined in 52 U.S.C. 30101(1) and referenced in 52 U.S.C.
20502(1)).
(b) The attorney general may file a civil action for declaratory or injunctive relief
necessary to carry out this article for the election.
(c) A person aggrieved by a violation of this article concerning the election may provide
written notice of the violation to the NVRA official.
(d) Notwithstanding subsection (c), a person aggrieved by a violation of NVRA or this
article may file a written notice of violation with the circuit court clerk of the county where
the violation allegedly occurred. If a person files a written notice with the circuit court clerk,
the NVRA official shall not begin enforcement procedures under this chapter regarding the
complaint unless the person files a complaint with the NVRA official under this chapter.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.30; P.L.128-2015, SEC.31.

IC 3-7-11-14 Procedures for notice; remedies and procedures for aggrieved

person if violation not corrected
Sec. 14. (a) This section applies to a written notice filed under section 13 of this chapter.
(b) The NVRA official and the members of the commission shall comply with the
procedures set forth in sections 3 through 12 of this chapter in taking action concerning the
notice.
(c) The aggrieved person may file a civil action if the violation is not corrected:
(1) within ninety (90) days after the NVRA official receives the notice; or
(2) within twenty (20) days after the NVRA official receives the notice if the violation
occurs not later than one hundred twenty (120) days before the election occurs.
(d) The aggrieved person must provide written notice of the violation to the NVRA
official under this section before filing a civil action unless the violation occurs less than
thirty (30) days before the election occurs.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.31.

IC 3-7-11-15 Attorney's fees

Sec. 15. (a) This section applies to a civil action filed under section 14 of this chapter.
(b) A court may allow the prevailing party (other than the state of Indiana) reasonable
attorney's fees, including litigation expenses, and costs.
(c) The civil action is in addition to any other rights and remedies provided by law.
As added by P.L.12-1995, SEC.20.

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IC 3-7-12 Chapter 12. County Administration of Voter Registration

3-7-12-1 Duties of circuit court clerk

3-7-12-2 "Board of registration"
3-7-12-2.5 County containing consolidated city; establishment of board of registration
3-7-12-3 Repealed
3-7-12-4 Orders establishing or rescinding board of registration
3-7-12-5 Effective date of order
3-7-12-5.5 Orders abolishing board of registration established by law; effective date of
order
3-7-12-6 Seal
3-7-12-7 Duties of board of registration
3-7-12-8 Members
3-7-12-9 Method of appointment
3-7-12-10 Length of term
3-7-12-11 Member serves at pleasure of county chairman
3-7-12-12 Term of incumbent registration officers
3-7-12-13 Oath of members
3-7-12-14 Filling of vacancies
3-7-12-15 Salary of board member
3-7-12-16 Payment of salary upon proper certification
3-7-12-17 Appointment of chief clerk
3-7-12-18 Salary of chief clerk
3-7-12-19 Employees of board of registration
3-7-12-20 Written recommendations for employees required
3-7-12-21 Salary of employees
3-7-12-22 Circuit court clerk as voter registration officer; per diem compensation
3-7-12-23 Substation registration boards
3-7-12-24 Listing in local telephone directory
3-7-12-25 Dispute resolution and interpretation of law by county election board
3-7-12-26 Funds for voter list maintenance activity and mailing of notices
3-7-12-27 County voter list maintenance activities; filing affidavit; form and content of
affidavit
3-7-12-28 Repealed
3-7-12-28.1 Repealed
3-7-12-29 Applicability of procedures
3-7-12-30 Written notice of violation; persons to whom copies provided
3-7-12-31 Determination of violation
3-7-12-32 Determination that no violation exists; persons to be notified
3-7-12-33 Investigation of violation by circuit court clerk
3-7-12-34 Report of investigation; persons to whom copies provided
3-7-12-35 Contents of report
3-7-12-36 Request for hearing
3-7-12-37 Hearing within 30 days
3-7-12-38 Duties of county election board after hearing
3-7-12-39 Persons to whom written summary of action provided
3-7-12-40 Right to file written notice with NVRA official
3-7-12-41 Prohibited acts

IC 3-7-12-1 Duties of circuit court clerk

Sec. 1. (a) This section does not apply to the following counties:
(1) A county in which a board of elections and registration is established.
(2) A county containing a consolidated city.
(3) A county in which a board of registration was established by IC 3-7-12-3 (before
its repeal).
(4) A county in which a board of registration exists under an order adopted by a county
acting under this chapter.
(b) The circuit court clerk:
(1) is the voter registration officer of each county; and

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 (2) shall supervise the registration of voters of the county.
As added by P.L.12-1995, SEC.21. Amended by P.L.144-2001, SEC.4; P.L.225-2011,
SEC.8; P.L.170-2019, SEC.6.

IC 3-7-12-2 "Board of registration"

Sec. 2. As used in this chapter, "board of registration" includes a board of elections and
registration.
As added by P.L.12-1995, SEC.21. Amended by P.L.14-2000, SEC.1; P.L.144-2001, SEC.5;
P.L.170-2019, SEC.7.

IC 3-7-12-2.5 County containing consolidated city; establishment of board of

registration
Sec. 2.5. A board of registration is established in a county containing a consolidated city.
As added by P.L.225-2011, SEC.9.

IC 3-7-12-3 Repealed
As added by P.L.12-1995, SEC.21. Amended by P.L.144-2001, SEC.6. Repealed by
P.L.225-2011, SEC.93.

IC 3-7-12-4 Orders establishing or rescinding board of registration

Sec. 4. (a) This section does not apply to:
(1) a county in which a board of elections and registration is established; or
(2) a county containing a consolidated city.
(b) After June 30, 2011, the county executive may adopt an order by the unanimous vote
of the entire membership of the county executive to:
(1) establish a board of registration; or
(2) rescind a previously adopted order establishing a board of registration.
As added by P.L.12-1995, SEC.21. Amended by P.L.225-2011, SEC.10; P.L.170-2019,
SEC.8.

IC 3-7-12-5 Effective date of order

Sec. 5. (a) Except as provided in subsection (b), an order adopted under section 4 of this
chapter to establish a board of registration or rescind a previously adopted order establishing
a board of registration takes effect immediately.
(b) An order adopted during the final sixty (60) days before an election becomes effective
on the day following the election.
As added by P.L.12-1995, SEC.21. Amended by P.L.225-2011, SEC.11.

IC 3-7-12-5.5 Orders abolishing board of registration established by law;

effective date of order
Sec. 5.5. (a) Except as provided in subsection (b), this section applies to a county in which
a board of registration was established by IC 3-7-12-3 (before its repeal).
(b) This section does not apply to any of the following:
(1) A county in which a board of elections and registration is established.
(2) A county containing a consolidated city.
(c) A county executive may adopt an order by the unanimous vote of the entire
membership of the county executive to:
(1) abolish the board of registration; and
(2) designate the circuit court clerk as the voter registration officer of the county to
supervise the registration of voters of the county.
(d) An order adopted under subsection (c) during the final sixty (60) days before an
election becomes effective on the day following the election.
As added by P.L.225-2011, SEC.12. Amended by P.L.170-2019, SEC.9.

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IC 3-7-12-6 Seal
Sec. 6. Each board of registration shall have a seal. The board shall record a description
of the seal with the county election board.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-7 Duties of board of registration

Sec. 7. A board of registration established under this chapter shall supervise the
registration of voters of the county.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-8 Members
Sec. 8. A board of registration consists of two (2) persons.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-9 Method of appointment

Sec. 9. The county chairmen of the major political parties of a county that has a board of
registration shall each appoint one (1) member of the board. The two (2) appointed persons
must be voters of the county.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-10 Length of term

Sec. 10. A person appointed a member of a board of registration serves a term of two (2)
years beginning January 1 of each odd-numbered year and until the person's successor is
appointed and qualifies.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-11 Member serves at pleasure of county chairman

Sec. 11. Notwithstanding section 10 of this chapter, a member of a board of registration
serves at the pleasure of the county chairman whose political party initially appointed the
person.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-12 Term of incumbent registration officers

Sec. 12. In a county that establishes a board of registration under this chapter, the
incumbent registration officers serve until the members of the board of registration are
appointed and qualified.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-13 Oath of members

Sec. 13. Before discharging any duties under this article, a member of the board of
registration must take an oath that the member will faithfully and honestly discharge the
member's duty.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-14 Filling of vacancies

Sec. 14. A vacancy on the board shall be filled in the same manner as the initial
appointment was made.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-15 Salary of board member

Sec. 15. The salary of a board of registration member shall be fixed in the manner
prescribed by IC 36-2-5 or IC 36-3-6 and paid out of the county general fund under
IC 3-5-3-1 as other election expenses are paid.

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As added by P.L.12-1995, SEC.21.

IC 3-7-12-16 Payment of salary upon proper certification

Sec. 16. The payment of a salary under this chapter shall be made upon proper
certification by the board of registration.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-17 Appointment of chief clerk

Sec. 17. In a county having a population of at least four hundred thousand (400,000), the
board of registration shall appoint two (2) chief clerks who are members of different political
parties.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-18 Salary of chief clerk

Sec. 18. The salary of a chief clerk appointed under section 17 of this chapter shall be:
(1) fixed in the manner prescribed by IC 36-2-5 or IC 36-3-6; and
(2) paid as provided in IC 3-5-3-1.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-19 Employees of board of registration

Sec. 19. A board of registration may employ all necessary assistants. The number of
employees shall be divided equally between the major political parties of the county.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-20 Written recommendations for employees required

Sec. 20. An employee may not be appointed until the board of registration receives the
written recommendation of the county chairman of the appropriate major political party of
the county.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-21 Salary of employees

Sec. 21. The salary of an employee shall be:
(1) fixed in the manner prescribed by IC 36-2-5 or IC 36-3-6; and
(2) paid as provided in IC 3-5-3-1.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-22 Circuit court clerk as voter registration officer; per diem

compensation
Sec. 22. In a county where the circuit court clerk serves as voter registration officer, the
clerk is entitled to per diem compensation. The per diem shall be paid out of the general fund
of the county in the same manner as election expenses are paid.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-23 Substation registration boards

Sec. 23. (a) A circuit court clerk or board of registration may establish substation
registration boards as necessary to ensure adequate opportunity for persons to register to
vote.
(b) The registration officers comprising a substation board must be equally divided
between the two (2) major political parties of the county.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-24 Listing in local telephone directory

Sec. 24. The circuit court clerk or board of registration shall arrange for a separate listing

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in each local telephone directory, under the heading of county offices. The listing must be
styled "Voter Registration" and include the appropriate addresses and telephone numbers of
voter registration offices.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-25 Dispute resolution and interpretation of law by county election

board
Sec. 25. If a board of registration is unable to resolve a dispute among its members, or
with the circuit court clerk, and requires an interpretation or clarification of the law, the board
shall refer the matter to the county election board for determination.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-26 Funds for voter list maintenance activity and mailing of notices
Sec. 26. Each county fiscal body shall appropriate an adequate amount of funds for the
county voter registration office to conduct:
(1) the voter list maintenance activity under this article; and
(2) the mailing of notices required under the voter list maintenance program.
As added by P.L.12-1995, SEC.21. Amended by P.L.258-2013, SEC.21.

IC 3-7-12-27 County voter list maintenance activities; filing affidavit; form

and content of affidavit
Sec. 27. (a) The circuit court clerk (or in a county with a board of registration, the
members of the board of registration) shall, not later than:
(1) noon seventy-seven (77) days before each general election and each primary
election conducted in a general election year; and
(2) seventeen (17) days before each municipal election or each primary election
conducted in a municipal election year;
file an affidavit under affirmation with the election division.
(b) The affidavit must be on a form prescribed by the election division and must state that
the county voter registration office has:
(1) conducted the voter list maintenance program under this article; and
(2) canceled the registrations required under the voter list maintenance program.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.10; P.L.14-2004, SEC.17;
P.L.258-2013, SEC.22; P.L.169-2015, SEC.16; P.L.227-2023, SEC.24.

IC 3-7-12-28 Repealed
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.11; P.L.3-1997, SEC.54;
P.L.209-2003, SEC.22. Repealed by P.L.164-2006, SEC.143.

IC 3-7-12-28.1 Repealed
As added by P.L.209-2003, SEC.23. Amended by P.L.164-2006, SEC.6. Repealed by
P.L.278-2019, SEC.11.

IC 3-7-12-29 Applicability of procedures

Sec. 29. The procedures described in sections 31 through 40 of this chapter apply to all
elections.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-30 Written notice of violation; persons to whom copies provided

Sec. 30. (a) This section applies when a person aggrieved by a violation of:
(1) NVRA; or
(2) this article;
files a written notice of the violation with the circuit court clerk of the county where the

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violation occurred.
(b) The clerk shall promptly provide a copy of the notice by first class mail with tracking
to:
(1) the person alleged to have committed the violation;
(2) the members of the county election board; and
(3) the NVRA official.
As added by P.L.12-1995, SEC.21. Amended by P.L.8-1995, SEC.32; P.L.227-2023, SEC.25.

IC 3-7-12-31 Determination of violation

Sec. 31. The circuit court clerk shall determine whether a notice filed under section 30
of this chapter describes a violation of NVRA or this article if the facts set forth in the notice
are assumed to be true. The clerk may consult with the NVRA official in making a
determination under this section.
As added by P.L.12-1995, SEC.21. Amended by P.L.8-1995, SEC.33.

IC 3-7-12-32 Determination that no violation exists; persons to be notified

Sec. 32. If the circuit court clerk determines that the notice does not allege a violation of
NVRA or this article, even if the facts set forth in the notice are assumed to be true, the clerk
shall provide a copy of the determination by first class mail with tracking to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation;
(3) the members of the county election board; and
(4) the NVRA official.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.12; P.L.227-2023, SEC.26.

IC 3-7-12-33 Investigation of violation by circuit court clerk

Sec. 33. If the circuit court clerk determines that the notice alleges a violation of NVRA
or this article if the facts set forth in the notice are assumed to be true, the clerk shall conduct
an investigation under IC 3-6-5.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-34 Report of investigation; persons to whom copies provided

Sec. 34. Upon completing the investigation, the circuit court clerk shall issue a written
report. The clerk shall provide a copy of the report by first class mail with tracking to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation;
(3) the members of the county election board; and
(4) the NVRA official.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.13; P.L.227-2023, SEC.27.

IC 3-7-12-35 Contents of report

Sec. 35. The report described in section 34 of this chapter must:
(1) indicate the date when the notice alleging the violation was received by the circuit
court clerk;
(2) contain findings of fact regarding the alleged violation of NVRA or this article and
state whether a violation of NVRA or this article appears to have occurred;
(3) state what steps, if any, the person alleged to have committed the violation has taken
to correct a violation or to prevent a reoccurrence of a violation;
(4) suggest any additional measures that could be taken to correct a violation;
(5) indicate the date when a violation was corrected or is expected to be corrected; and
(6) indicate the number of days remaining after the issuance of the report until the next
election will be conducted:
(A) for a federal office in the jurisdiction where the violation is alleged to have

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 occurred if the notice alleges a violation of NVRA; or
(B) for any other office or on any public question if the notice alleges a violation of
this article.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1997, SEC.3.

IC 3-7-12-36 Request for hearing

Sec. 36. (a) A member of the county election board may request that the board conduct
a hearing on the circuit court clerk's report concerning an alleged violation of NVRA or this
article.
(b) The member must file a written request for a hearing under subsection (a) with the
clerk not later than noon, seven (7) days after the clerk's report was mailed under section 34
of this chapter.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-37 Hearing within 30 days

Sec. 37. The chairman of the county election board shall convene the hearing as promptly
as possible, but not later than thirty (30) days after the member files the request for a hearing
under section 36 of this chapter.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-38 Duties of county election board after hearing

Sec. 38. After concluding the hearing, the county election board shall:
(1) affirm the report;
(2) amend the report;
(3) refer the matter to the circuit court clerk for further investigation and submission
of a subsequent report to the board; or
(4) refer the matter to the NVRA official.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.14; P.L.209-2003, SEC.24.

IC 3-7-12-39 Persons to whom written summary of action provided

Sec. 39. The county election board shall forward a written summary of any action under
section 38 of this chapter by first class mail with tracking to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation; and
(3) the NVRA official.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.15; P.L.2-1997, SEC.4;
P.L.227-2023, SEC.28.

IC 3-7-12-40 Right to file written notice with NVRA official

Sec. 40. (a) A person who files a written notice of violation with the circuit court clerk
under section 30 of this chapter retains the right to file a written notice of alleged violation
with the NVRA official.
(b) If the clerk or county election board is notified that the person has filed a notice of
violation with the NVRA official prior to the conclusion of the county hearings, the clerk or
county election board shall dismiss the county proceeding.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.16; P.L.3-1997, SEC.55.

IC 3-7-12-41 Prohibited acts

Sec. 41. As provided in 52 U.S.C. 20506(a)(5), an employee or volunteer of a county
voter registration office may not do any of the following:
(1) Seek to influence an applicant's political preference or party registration.
(2) Display any political preference or party allegiance, including pictures,
photographs, or other likenesses of any currently elected federal, state, county, or local

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 official.
(3) Make any statement to an applicant or take any action the purpose or effect of
which is to discourage the applicant from registering to vote.
(4) Make any statement to an applicant or take any action the purpose or effect of
which is to lead the applicant to believe that a decision whether or not to register has
any bearing on the availability of services or benefits.
As added by P.L.176-1999, SEC.20. Amended by P.L.128-2015, SEC.32.

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IC 3-7-13 Chapter 13. Registration and Voting Requirements; General
Provisions

3-7-13-1 Persons eligible to vote

3-7-13-2 Eligibility to vote in primary election
3-7-13-3 Eligibility to vote for candidates for elected offices and public questions at a
primary election
3-7-13-4 Disfranchisement of prisoners
3-7-13-5 Restoration of right to vote
3-7-13-6 Disfranchisement of prisoners; exceptions
3-7-13-7 Validity of prior registration or transfer of registration
3-7-13-8 Persons not required to register again
3-7-13-9 Persons required to register or request transfer of registration
3-7-13-10 Times for voter registration; exceptions for absent uniformed services voters
and overseas voters
3-7-13-11 Deadline for registration or transfer of registration
3-7-13-12 Registration application received at time other than registration period;
processing
3-7-13-13 Voter identification number

IC 3-7-13-1 Persons eligible to vote

Sec. 1. A person who:
(1) will be at least eighteen (18) years of age at the next general, municipal, or special
election;
(2) is a United States citizen; and
(3) resides in a precinct continuously before a general, municipal, or special election
for at least thirty (30) days;
may, upon making a proper application under this article, register to vote in that precinct.
As added by P.L.12-1995, SEC.22.

IC 3-7-13-2 Eligibility to vote in primary election

Sec. 2. A person who, on the day of the next general, municipal, or special election, will
meet the age and residency requirements of section 1 of this chapter may register and vote
in the primary election.
As added by P.L.12-1995, SEC.22.

IC 3-7-13-3 Eligibility to vote for candidates for elected offices and public
questions at a primary election
Sec. 3. (a) This section applies to a person who:
(1) on the day of the next general, municipal, or special election, will meet the age and
residency requirements of section 1 of this chapter; and
(2) does not meet the age or residency requirements on primary election day.
(b) A person described in subsection (a) may not cast a ballot:
(1) for candidates for elected offices; or
(2) on public questions;
to be voted on at the same time that the primary election is conducted.
As added by P.L.12-1995, SEC.22. Amended by P.L.66-2003, SEC.5; P.L.6-2015, SEC.1.

IC 3-7-13-4 Disfranchisement of prisoners

Sec. 4. (a) A person who is:
(1) convicted of a crime; and
(2) imprisoned following conviction;
is deprived of the right of suffrage by the general assembly pursuant to Article 2, Section 8
of the Constitution of the State of Indiana.
(b) A person described in subsection (a) is ineligible to register under this article during

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the period that the person is:
(1) imprisoned; or
(2) otherwise subject to lawful detention.
As added by P.L.12-1995, SEC.22.

IC 3-7-13-5 Restoration of right to vote

Sec. 5. A person described in section 4 of this chapter who is otherwise qualified to
register under this article is eligible to register when the person is no longer:
(1) imprisoned; or
(2) otherwise subject to lawful detention.
As added by P.L.12-1995, SEC.22. Amended by P.L.195-2003, SEC.1; P.L.118-2007, SEC.1.

IC 3-7-13-6 Disfranchisement of prisoners; exceptions

Sec. 6. (a) This section applies to a person who is:
(1) otherwise qualified to register under this article; and
(2) not imprisoned or subject to lawful detention.
(b) A person described in subsection (a) who is:
(1) on probation;
(2) on parole;
(3) subject to home detention under IC 35-38-2.5; or
(4) placed in a community corrections program under IC 35-38-2.6;
is eligible to register and to vote.
As added by P.L.12-1995, SEC.22.

IC 3-7-13-7 Validity of prior registration or transfer of registration

Sec. 7. A registration or transfer of registration executed in conformity with prior law
remains valid until canceled under this article.
As added by P.L.12-1995, SEC.22.

IC 3-7-13-8 Persons not required to register again

Sec. 8. (a) This section applies to a voter:
(1) who is a resident of a precinct; and
(2) whose name appears on the registration record of a precinct.
(b) A person described in subsection (a) is not required to register again as long as:
(1) the voter continues to reside at the same address at which the voter is registered;
(2) the voter is not disfranchised according to law; and
(3) the voter's registration is not canceled under this title.
As added by P.L.12-1995, SEC.22.

IC 3-7-13-9 Persons required to register or request transfer of registration

Sec. 9. During a registration period, only those voters whose names do not appear on the
registration record of the precincts of a county must register or request a transfer of previous
registration.
As added by P.L.12-1995, SEC.22.

IC 3-7-13-10 Times for voter registration; exceptions for absent uniformed

services voters and overseas voters
Sec. 10. (a) After a general or municipal election is conducted, the registration period
resumes on the following December 1 (or the first Monday in December if December 1 falls
on a Saturday or Sunday).
(b) Except as provided in IC 3-7-36 for absent uniformed services voters and overseas
voters, the registration period continues through the twenty-ninth day before the date a
primary election is scheduled under this title.

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 (c) Except as provided in IC 3-7-36 for absent uniformed services voters and overseas
voters, the registration period resumes fourteen (14) days after primary election day and
continues through the twenty-ninth day before the date a general or municipal election is
scheduled under this article.
(d) This subsection applies in each precinct in which a special election, municipal primary
election, or municipal election is to be conducted. Except as provided in IC 3-7-36 for absent
uniformed services voters and overseas voters, the registration period ceases in that precinct
on the twenty-ninth day before a special election, municipal primary election, or municipal
election is conducted and resumes fourteen (14) days after the special election, municipal
primary election, or municipal election occurs.
As added by P.L.12-1995, SEC.22. Amended by P.L.219-2013, SEC.7; P.L.74-2017, SEC.14.

IC 3-7-13-11 Deadline for registration or transfer of registration

Sec. 11. A person desiring to register or transfer a registration may do so at the office of
the circuit court clerk or board of registration through the close of business on the
twenty-ninth day before the election is scheduled to occur.
As added by P.L.12-1995, SEC.22.

IC 3-7-13-12 Registration application received at time other than

registration period; processing
Sec. 12. Except as otherwise provided in this article, if a county voter registration office
receives a properly completed registration application during a time other than the
registration period described in section 10 of this chapter, the county voter registration office
may enter the data from the application into the computerized list and designate the
application as incomplete. The county voter registration office shall ensure that:
(1) the notice required under IC 3-7-33-5 is not mailed to the applicant before the first
day that the registration period reopens; and
(2) the registration information provided by the applicant does not appear on any
certified list of voters or certificate of error issued under this article.
As added by P.L.12-1995, SEC.22. Amended by P.L.81-2005, SEC.1; P.L.1-2006, SEC.1;
P.L.169-2015, SEC.17.

IC 3-7-13-13 Voter identification number

Sec. 13. (a) Except as provided in subsections (b) and (c), when an individual registers
to vote, the individual must provide the individual's driver's license number issued under
IC 9-24-11, as provided under 52 U.S.C. 21083.
(b) If an individual does not have a driver's license issued under IC 9-24-11, the
individual must provide the last four (4) digits of the individual's Social Security number
when the individual registers to vote, as provided under 52 U.S.C. 21083.
(c) As required under 52 U.S.C. 21083, if an individual does not have a Social Security
number, the election division shall assign the individual a number to be associated with the
individual's registration in the computerized list maintained under IC 3-7-26.3. If the
individual has an identification card number issued under IC 9-24-16, the election division
shall assign that number as the voter's number under this subsection. If the individual does
not have an identification card number issued under IC 9-24-16, the election division shall
assign a unique identifying number to the voter's registration record in the computerized list,
as provided under 52 U.S.C. 21083.
(d) The number provided by the individual under subsection (a) or (b), or the number
assigned to the individual under subsection (c), is the individual's voter identification number.
(e) A voter's voter identification number may not be changed unless:
(1) the voter made an error when providing the number when registering to vote;
(2) the election division or a county voter registration office made an error when
entering the number into the computerized list under IC 3-7-26.3;

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 (3) the voter obtains or provides a driver's license number under IC 9-24-11 or a Social
Security number after the voter was assigned a number under subsection (c); or
(4) the voter ceases to have a driver's license number under IC 9-24-11 after the voter
provided that number under subsection (a).
(f) If a voter transfers the voter's registration and the voter's voter identification number
is not included in the voter's registration records, the voter registration officer of the county
in which the voter's registration is to be transferred shall require the voter to provide the
number required by subsection (a) or (b) before the voter's registration is transferred. If the
voter does not have either of the numbers described in subsection (a) or (b), a voter
identification number shall be assigned to the voter under subsection (c).
As added by P.L.199-2001, SEC.3. Amended by P.L.126-2002, SEC.31; P.L.209-2003,
SEC.25; P.L.1-2006, SEC.2 and P.L.164-2006, SEC.7; P.L.128-2015, SEC.33.

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IC 3-7-14 Chapter 14. Registration Procedures at License Branches

3-7-14-1 Purpose of chapter

3-7-14-2 Applicability of definitions
3-7-14-3 Bureau of motor vehicles commission as authority
3-7-14-4 Application for driver's license or other identification as voter registration
application
3-7-14-5 Voter registration application form provided with application for driver's
license
3-7-14-6 Design of registration form
3-7-14-7 Requirements of registration form
3-7-14-8 Procedures for registration
3-7-14-9 Duties of employees providing application; transmittal of completed
application
3-7-14-10 Duties of employees if applicant registering to vote after twenty-ninth day
before primary, general, municipal, or special election
3-7-14-11 Written acknowledgment of application; format
3-7-14-12 Submission of application; application to be forwarded
3-7-14-12 Submission of application; forwarding application or declination to register
3-7-14-13 Confidentiality of information
3-7-14-14 Updating voter registration record
3-7-14-15 Updating voter registration record; exceptions
3-7-14-16 Notification to applicant of disposition
3-7-14-17 Prohibited acts

IC 3-7-14-1 Purpose of chapter

Sec. 1. This chapter prescribes voter registration procedures in Indiana's motor vehicle
authority as provided in 52 U.S.C. 20504.
As added by P.L.12-1995, SEC.23. Amended by P.L.128-2015, SEC.34.

IC 3-7-14-2 Applicability of definitions

Sec. 2. (a) Except as provided in subsection (b), the definitions in IC 9-13-2 apply to this
chapter.
(b) A reference to the "commission" in this chapter is a reference to the Indiana election
commission unless otherwise stated.
As added by P.L.12-1995, SEC.23. Amended by P.L.14-2004, SEC.18.

IC 3-7-14-3 Bureau of motor vehicles commission as authority

Sec. 3. The bureau of motor vehicles commission is the state's motor vehicle authority for
purposes of NVRA.
As added by P.L.12-1995, SEC.23.

IC 3-7-14-4 Application for driver's license or other identification as voter

registration application
Sec. 4. An application to obtain or renew a motor vehicle driver's license, permit, or
identification card serves as an application for voter registration:
(1) under this article; and
(2) as provided in 52 U.S.C. 20504(a)(1);
unless the applicant fails to sign the voter registration application.
As added by P.L.12-1995, SEC.23. Amended by P.L.128-2015, SEC.35.

IC 3-7-14-5 Voter registration application form provided with application

for driver's license
Sec. 5. As provided in 52 U.S.C. 20504(c)(1), the bureau of motor vehicles commission
shall include a voter registration application form as a part of the application for a driver's
license prescribed under IC 9-24.

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As added by P.L.12-1995, SEC.23. Amended by P.L.14-2004, SEC.19; P.L.128-2015,
SEC.36.

IC 3-7-14-6 Design of registration form

Sec. 6. The election division shall prescribe the design of the registration form required
under section 5 of this chapter.
As added by P.L.12-1995, SEC.23. Amended by P.L.2-1996, SEC.17; P.L.169-2015, SEC.18.

IC 3-7-14-7 Requirements of registration form

Sec. 7. As provided in 52 U.S.C. 20504(c)(2), the registration form described in section
5 of this chapter must meet the following requirements:
(1) The form may not require information that duplicates information required in the
driver's license application part of the form, except as set forth in subdivision (3).
(2) The form may require only the minimum amount of information necessary to do the
following:
(A) Prevent duplication of voter registrations.
(B) Permit the circuit court clerk or board of registration to:
(i) assess the eligibility of the applicant; and
(ii) administer the election and voter registration system.
(3) The form must include a statement that does the following:
(A) Sets forth each eligibility requirement for registration (including citizenship).
(B) Contains an attestation that the applicant meets each of the eligibility
requirements.
(C) Requires the signature of the applicant, under penalty of perjury.
(4) The form must include the following, in print that is identical to the print used in
the attestation part of the application:
(A) Information setting forth the penalties provided by law for submission of a false
voter registration application.
(B) A statement that, if an applicant declines to register to vote, the fact that the
applicant has declined to register will remain confidential and will be used only for
voter registration purposes.
(C) A statement that if an applicant does register to vote, the office at which the
applicant submits a voter registration application will remain confidential and will
be used only for voter registration purposes.
As added by P.L.12-1995, SEC.23. Amended by P.L.128-2015, SEC.37.

IC 3-7-14-8 Procedures for registration

Sec. 8. To register under this chapter, an individual must do the following while on the
premises of the license branch:
(1) Complete the voter registration application under section 4 of this chapter.
(2) Present the application to an employee of the license branch.
As added by P.L.12-1995, SEC.23.

IC 3-7-14-9 Duties of employees providing application; transmittal of

completed application
Sec. 9. (a) An employee of the bureau of motor vehicles commission who provides an
individual with a driver's license or identification card application shall do the following:
(1) Inform each individual who applies for a driver's license or an identification card
that the information the individual provides on the individual's application will be used
to register the individual to vote unless:
(A) the individual is not eligible to vote;
(B) the individual declines to register to vote or fails to complete the voter
registration part of the application; or

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 (C) the individual answers "no" to either question described by IC 3-7-22-5(3) or
IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register or transfer registration
with assistance in filling out the voter registration application if requested to do so by
the individual.
(3) Check the completed voter registration form for legibility and completeness.
(4) Inform the individual that the individual will receive a mailing from the county
voter registration office of the county where the individual resides concerning the
disposition of the voter registration application.
(5) Inform each individual who submits a change of address for a driver's license or
identification card that the information serves as notice of a change of address for voter
registration unless the applicant states in writing on the form that the change of address
is not for voter registration purposes.
(b) The bureau of motor vehicles commission shall transmit a voter registration form to
the election division for transmittal to the appropriate county voter registration office in
accordance with IC 3-7-26.3.
As added by P.L.12-1995, SEC.23. Amended by P.L.9-2004, SEC.5; P.L.14-2004, SEC.20;
P.L.164-2006, SEC.8.

IC 3-7-14-10 Duties of employees if applicant registering to vote after

twenty-ninth day before primary, general, municipal, or
special election
Sec. 10. If an individual is registering to vote after the twenty-ninth day before the date
that a primary, general, municipal, or special election is scheduled in the precinct where the
voter resides, the employee of the bureau of motor vehicles commission who provides an
individual with a driver's license or an identification card application shall do the following:
(1) Inform the individual that license branch registration will not permit the individual
to vote in the next election.
(2) Inform the individual of other procedures the individual may follow to vote in the
next election.
As added by P.L.12-1995, SEC.23. Amended by P.L.14-2004, SEC.21.

IC 3-7-14-11 Written acknowledgment of application; format

Sec. 11. Whenever an applicant completes a voter registration application under section
4 of this chapter, the bureau of motor vehicles commission shall provide the applicant with
a written acknowledgment that the applicant has completed a voter registration application
at a license branch. The acknowledgment:
(1) may be:
(A) a detachable part; or
(B) an electronic version;
of the registration form prescribed under section 4 of this chapter; and
(2) must set forth the name and residential address of the applicant and the date that the
application was completed.
As added by P.L.12-1995, SEC.23. Amended by P.L.14-2004, SEC.22; P.L.164-2006, SEC.9.

IC 3-7-14-12 Submission of application; application to be forwarded

Note: This version of section effective until 7-1-2024. See also following version of this
section, effective 7-1-2024.
Sec. 12. (a) An applicant who completes a voter registration application under section 4
of this chapter is not required to submit the application to a county voter registration office.
(b) The bureau of motor vehicles commission shall forward the voter registration part of
the application to the election division for transmittal to the appropriate county voter
registration office on an expedited basis in accordance with IC 3-7-26.3, IC 9-24-2.5, and 52

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U.S.C. 20504(c)(2)(E).
As added by P.L.12-1995, SEC.23. Amended by P.L.3-1995, SEC.22; P.L.2-1996, SEC.18;
P.L.14-2004, SEC.23; P.L.164-2006, SEC.10; P.L.128-2015, SEC.38.

IC 3-7-14-12 Submission of application; forwarding application or

declination to register
Note: This version of section effective 7-1-2024. See also preceding version of this
section, effective until 7-1-2024.
Sec. 12. (a) An applicant who completes a voter registration application under section 4
of this chapter is not required to submit the application to a county voter registration office.
(b) The bureau of motor vehicles commission shall forward the voter registration part of
the application and any declination to register under this section to the election division for
transmittal to the appropriate county voter registration office on an expedited basis in
accordance with IC 3-7-26.3, IC 9-24-2.5, and 52 U.S.C. 20504(c)(2)(E).
As added by P.L.12-1995, SEC.23. Amended by P.L.3-1995, SEC.22; P.L.2-1996, SEC.18;
P.L.14-2004, SEC.23; P.L.164-2006, SEC.10; P.L.128-2015, SEC.38; P.L.227-2023,
SEC.29.

IC 3-7-14-13 Confidentiality of information

Sec. 13. Voter registration information received or maintained by the bureau of motor
vehicles commission under this chapter is confidential and may be used only for voter
registration purposes as provided in this article, 52 U.S.C. 20504(b), and 52 U.S.C.
20507(a)(6).
As added by P.L.12-1995, SEC.23. Amended by P.L.14-2004, SEC.24; P.L.128-2015,
SEC.39.

IC 3-7-14-14 Updating voter registration record

Sec. 14. Except as provided in section 15 of this chapter, an application under section 4
of this chapter authorizes a county voter registration office to update the voter registration
record of the applicant:
(1) under 52 U.S.C. 20504(a)(2) unless the applicant fails to sign the voter registration
application; or
(2) in a manner authorized under IC 3-7-26.3.
As added by P.L.12-1995, SEC.23. Amended by P.L.14-2004, SEC.25; P.L.164-2006,
SEC.11; P.L.128-2015, SEC.40.

IC 3-7-14-15 Updating voter registration record; exceptions

Sec. 15. As provided in 52 U.S.C. 20504(d), a circuit court clerk or board of registration
may update the address in the voter registration of an applicant, unless the applicant indicates
on an application to obtain or renew a motor vehicle driver's license (or any other change of
address form submitted to the clerk or board by the bureau of motor vehicles commission)
that the change of address of the applicant is not for voter registration purposes.
As added by P.L.12-1995, SEC.23. Amended by P.L.14-2004, SEC.26; P.L.128-2015,
SEC.41.

IC 3-7-14-16 Notification to applicant of disposition

Sec. 16. The circuit court clerk or board of registration shall, upon receiving a completed
application under section 12 of this chapter, notify the applicant of the disposition of the
application in the manner prescribed under IC 3-7-33 and as required under 52 U.S.C.
20507(a)(2).
As added by P.L.12-1995, SEC.23. Amended by P.L.128-2015, SEC.42.

IC 3-7-14-17 Prohibited acts

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 Sec. 17. As provided in 52 U.S.C. 20506(a)(5), an employee or a volunteer of the office
shall not do any of the following:
(1) Seek to influence an applicant's political preference or party registration.
(2) Display any political preference or party allegiance, including any pictures,
photographs, or other likenesses of any currently elected federal, state, county, or local
official.
(3) Make any statement to an applicant or take any action the purpose or effect of
which is to discourage the applicant from registering to vote.
(4) Make any statement to an applicant or take any action whose purpose or effect is
to lead the applicant to believe that a decision whether or not to register has any bearing
on the availability of services or benefits.
As added by P.L.12-1995, SEC.23. Amended by P.L.128-2015, SEC.43.

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IC 3-7-15 Chapter 15. Registration Procedures at Public Assistance
Agencies

3-7-15-1 Purpose of chapter

3-7-15-2 Offices providing public assistance for purposes of NVRA
3-7-15-3 Duty to distribute registration form
3-7-15-4 Design of registration form
3-7-15-5 Requirements of registration form
3-7-15-6 Contents of declination form
3-7-15-7 Declination to register
3-7-15-8 Procedures for registration
3-7-15-9 Duties of employees in providing application
3-7-15-10 Duties of employees if applicant registering to vote after twenty-ninth day
before primary, general, municipal, or special election
3-7-15-11 Prohibited acts
3-7-15-12 Assistance in completing registration form required
3-7-15-13 Written acknowledgment of application; format
3-7-15-14 Submission of application not required
3-7-15-15 Confidentiality of information
3-7-15-16 Duty of office to forward registration application
3-7-15-17 Updating voter registration record
3-7-15-18 Notification to applicant of disposition

IC 3-7-15-1 Purpose of chapter

Sec. 1. This chapter prescribes voter registration procedures in public assistance agencies
as provided in 52 U.S.C. 20506(a)(2)(A).
As added by P.L.12-1995, SEC.24. Amended by P.L.128-2015, SEC.44.

IC 3-7-15-2 Offices providing public assistance for purposes of NVRA

Sec. 2. The general assembly finds that the following offices in Indiana provide public
assistance within the scope of NVRA:
(1) Each county office established under IC 12-19-1-1 that administers:
(A) the Temporary Assistance for Needy Families program (TANF) under IC 12-14;
or
(B) the Medicaid program under IC 12-15.
(2) Each office of the division of family resources that administers the food stamp
program under federal law.
(3) Each office of the Indiana department of health that administers the Special
Supplemental Nutrition Program for the Women, Infants, and Children Program (WIC)
under IC 16-35-1.5.
As added by P.L.12-1995, SEC.24. Amended by P.L.3-1995, SEC.23; P.L.145-2006, SEC.1;
P.L.161-2007, SEC.1; P.L.146-2008, SEC.1; P.L.44-2009, SEC.1; P.L.56-2023, SEC.1.

IC 3-7-15-3 Duty to distribute registration form

Sec. 3. As provided in 52 U.S.C. 20506(a)(4)(A)(i) and 52 U.S.C. 20506(a)(6)(A), an
office listed in section 2 of this chapter shall distribute a voter registration form prescribed
under section 4 of this chapter to each applicant for public assistance whenever the applicant:
(1) applies for service or assistance;
(2) applies for recertification or renewal of services or assistance; or
(3) submits a change of address form relating to the service or assistance;
unless the applicant declines in writing to register to vote.
As added by P.L.12-1995, SEC.24. Amended by P.L.128-2015, SEC.45.

IC 3-7-15-4 Design of registration form

Sec. 4. The election division shall prescribe the design of the registration form for each

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office listed in section 2 of this chapter.
As added by P.L.12-1995, SEC.24. Amended by P.L.3-1997, SEC.56; P.L.169-2015, SEC.19.

IC 3-7-15-5 Requirements of registration form

Sec. 5. The registration form prescribed under section 4 of this chapter must meet the
following requirements:
(1) The form must be equivalent to the mail registration form prescribed by the election
division under IC 3-7-31 and in compliance with 52 U.S.C. 20506(a)(6)(A)(ii).
(2) The form must include a statement that does the following:
(A) Sets forth each eligibility requirement for registration (including citizenship).
(B) Contains an attestation that the applicant meets each of the eligibility
requirements.
(C) Requires the signature of the applicant, under penalty of perjury, and the date the
form was signed.
(3) The form must include the following as provided in 52 U.S.C. 20506(a)(6)(B):
(A) A question reading "If you are not registered to vote where you live now, would
you like to apply to register to vote here today?".
(B) A statement reading "Applying to register or declining to register to vote will not
affect the amount of assistance that you will be provided by this agency.".
(C) Boxes for the applicant to check to indicate whether the applicant would like to
register or declines to register to vote.
(D) A statement in close proximity to the boxes and in prominent type: "IF YOU DO
NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE
DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.".
(E) A statement reading "If you would like help in filling out the voter registration
application form, we will help you. The decision whether to seek or accept help is
yours. You may fill out the application form in private.".
(F) A statement reading "If you believe that someone has interfered with your right
to register or to decline to register to vote, or your right to choose your political party
or other political preference, you may file a complaint with (insert the title, address,
and telephone number of the NVRA official). If you want you may first try to solve
the problem by filing a complaint with the county voter registration office of the
county where the violation occurred.".
As added by P.L.12-1995, SEC.24. Amended by P.L.3-1997, SEC.57; P.L.128-2015,
SEC.46; P.L.169-2015, SEC.20.

IC 3-7-15-6 Contents of declination form

Sec. 6. If the form used by an applicant to decline to register to vote is on a separate form
from the voter registration application, the declination form must contain the following:
(1) A statement reading "If you decline to register to vote, this is confidential, and can
only be used for voter registration purposes.".
(2) A statement reading "If you decide to register to vote, information about the office
at which you register is confidential, and can only be used for voter registration
purposes.".
(3) A line for the signature of the person who declines to register to vote.
(4) A line for the date that the person declined to register to vote.
As added by P.L.12-1995, SEC.24.

IC 3-7-15-7 Declination to register

Sec. 7. An applicant who fails to check either box described in section 5(3) of this chapter
or to sign a separate declination form under section 6 of this chapter shall be considered to
have declined to register.
As added by P.L.12-1995, SEC.24.

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IC 3-7-15-8 Procedures for registration
Sec. 8. To register under this chapter, an individual must do the following while on the
premises of the office:
(1) Complete the voter registration application prescribed under section 4 of this
chapter.
(2) Present the application to an employee of the office.
As added by P.L.12-1995, SEC.24.

IC 3-7-15-9 Duties of employees in providing application

Sec. 9. An employee of the office who provides an individual with an application for
assistance or services under section 3 of this chapter shall do the following:
(1) Inform each individual who applies for assistance or services that the information
the individual provides on the individual's voter registration application will be used
to register the individual to vote unless:
(A) the individual is not eligible to vote; or
(B) the individual:
(i) declines to register to vote;
(ii) fails to complete the voter registration part of the application; or
(iii) answers "no" to either question described by IC 3-7-22-5(3) or IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register or transfer registration
with assistance in filling out the voter registration application unless the individual
refuses assistance, as provided in 52 U.S.C. 20506(a)(4)(ii).
(3) Check the completed voter registration form for legibility and completeness.
(4) Deliver the completed registration form to the office administrator (or the employee
designated by the administrator to be responsible for voter registration services) for
transmittal to the appropriate county voter registration office.
(5) Inform the individual that the individual will receive a mailing from the county
voter registration office of the county where the individual resides concerning the
disposition of the voter registration application.
As added by P.L.12-1995, SEC.24. Amended by P.L.9-2004, SEC.6; P.L.128-2015, SEC.47.

IC 3-7-15-10 Duties of employees if applicant registering to vote after

twenty-ninth day before primary, general, municipal, or
special election
Sec. 10. If an individual is registering to vote after the twenty-ninth day before the date
that a primary, general, municipal, or special election is scheduled in the precinct where the
voter resides, the employee of the office who provides an individual with an application for
assistance or services under section 3 of this chapter shall do the following:
(1) Inform the individual that office registration will not permit the individual to vote
in the next election.
(2) Inform the individual of other procedures the individual may follow to vote in the
next election.
As added by P.L.12-1995, SEC.24.

IC 3-7-15-11 Prohibited acts

Sec. 11. As provided in 52 U.S.C. 20506(a)(5), an employee of the office shall not do any
of the following:
(1) Seek to influence an applicant's political preference or party registration.
(2) Display any political preference or party allegiance, including any pictures,
photographs, or other likenesses of any currently elected federal, state, county, or local
official.
(3) Make any statement to an applicant or take any action the purpose or effect of
which is to discourage the applicant from registering to vote.

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 (4) Make any statement to an applicant or take any action whose purpose or effect is
to lead the applicant to believe that a decision whether or not to register has any bearing
on the availability of services or benefits.
As added by P.L.12-1995, SEC.24. Amended by P.L.128-2015, SEC.48.

IC 3-7-15-12 Assistance in completing registration form required

Sec. 12. As provided in 52 U.S.C. 20506(a)(4)(A)(ii) and 52 U.S.C. 20506(a)(6)(C), an
office described in section 2 of this chapter must offer the same degree of assistance in
helping an applicant complete a voter registration form as the applicant receives from the
agency in completing forms for assistance or services, unless the individual refuses assistance
in completing the voter registration form.
As added by P.L.12-1995, SEC.24. Amended by P.L.128-2015, SEC.49.

IC 3-7-15-13 Written acknowledgment of application; format

Sec. 13. Whenever an applicant completes a voter registration application under this
chapter, the office shall provide the applicant with a written acknowledgment that the
applicant has completed a voter registration application at the office. The acknowledgment:
(1) may be a detachable part of the registration form prescribed under section 4 of this
chapter; and
(2) must set forth the name and residential address of the applicant and the date that the
application was completed.
As added by P.L.12-1995, SEC.24.

IC 3-7-15-14 Submission of application not required

Sec. 14. An applicant who completes a voter registration application under section 4 of
this chapter is not required to submit the application to a circuit court clerk or board of
registration member.
As added by P.L.12-1995, SEC.24. Amended by P.L.2-1996, SEC.19.

IC 3-7-15-15 Confidentiality of information

Sec. 15. Voter registration information received or maintained by an office under this
chapter is confidential and may be used only for voter registration purposes as provided in
this article and 52 U.S.C. 20506(a)(7).
As added by P.L.12-1995, SEC.24. Amended by P.L.128-2015, SEC.50.

IC 3-7-15-16 Duty of office to forward registration application

Sec. 16. Unless the applicant refuses to permit the office to transmit the form to the circuit
court clerk or board of registration of the county where the applicant resides, the office shall
forward the voter registration application to the clerk or board not later than five (5) days
after the date of acceptance and as provided in 52 U.S.C. 20506(a)(4)(iii) and:
(1) IC 12-14-1.5;
(2) IC 12-14-25;
(3) IC 12-15-1.5; or
(4) IC 16-35-1.6.
As added by P.L.12-1995, SEC.24. Amended by P.L.3-1995, SEC.24; P.L.128-2015, SEC.51.

IC 3-7-15-17 Updating voter registration record

Sec. 17. A signed application under section 4 of this chapter authorizes a circuit court
clerk or board of registration to update the voter registration record of the applicant.
As added by P.L.12-1995, SEC.24.

IC 3-7-15-18 Notification to applicant of disposition

Sec. 18. The circuit court clerk or board of registration shall, upon receiving a completed

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application under section 16 of this chapter, notify the applicant of the disposition of the
application in the manner prescribed under IC 3-7-33 and as required under 52 U.S.C.
20507(a)(2).
As added by P.L.12-1995, SEC.24. Amended by P.L.128-2015, SEC.52.

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IC 3-7-16 Chapter 16. Registration at Agencies Serving Persons With
Disabilities

3-7-16-1 Purpose of chapter

3-7-16-2 Legislative findings
3-7-16-2.5 NVRA official to designate agencies to provide voter registration services
3-7-16-3 Repealed
3-7-16-4 Repealed
3-7-16-5 Repealed
3-7-16-6 Repealed
3-7-16-7 Repealed
3-7-16-8 Repealed
3-7-16-9 Distribution of voter registration forms
3-7-16-9.5 Voter with print disabilities; requesting voter registration application
3-7-16-10 Voter registration services at applicant's home
3-7-16-11 Design of registration form
3-7-16-12 Requirements for registration form
3-7-16-13 Contents of declination form
3-7-16-14 Declination to register
3-7-16-15 Procedures for registration
3-7-16-16 Duties of employees in providing application
3-7-16-17 Duties of employees if applicant registering to vote after twenty-ninth day
before primary, general, municipal, or special election
3-7-16-18 Prohibited acts
3-7-16-19 Assistance in completing registration form required
3-7-16-20 Written acknowledgment of application; format
3-7-16-21 Applicant not required to submit application to circuit court clerk or board of
registration member
3-7-16-22 Confidentiality; use of information
3-7-16-23 Forwarding of application or declination; exception
3-7-16-24 Updating voter registration record
3-7-16-25 Notification to applicant of disposition
3-7-16-26 Designated individual responsible for registration duties
3-7-16-27 Transmittal of voter registration application or declination form; exceptions
3-7-16-28 Transmittal of voter registration application or declination form accepted
during final five days before end of registration period
3-7-16-29 Methods of transmittal of voter registration applications or declinations
3-7-16-30 Hand delivery; guidelines
3-7-16-31 County address and telephone numbers to be provided
3-7-16-32 Voter registration information to be confidential
3-7-16-33 Notice; elections
3-7-16-34 Agency addresses and telephone numbers to be provided

IC 3-7-16-1 Purpose of chapter

Sec. 1. This chapter prescribes voter registration procedures in agencies providing state
funded programs primarily engaged in serving persons with disabilities as provided in 52
U.S.C. 20506(a)(2)(B).
As added by P.L.12-1995, SEC.25. Amended by P.L.128-2015, SEC.53.

IC 3-7-16-2 Legislative findings

Sec. 2. The general assembly finds the following:
(1) Persons with a disability will desire and should have the full opportunity to register
to vote by using any registration method set forth in this article, and not merely through
the agencies described in section 1 of this chapter.
(2) The offices and individuals serving persons with a disability under this article
should strive to develop and provide registration forms and services that are accessible
to persons with disabilities.
(3) The agencies described in section 1 of this chapter are generally decentralized, and

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 as a result:
(A) are more likely to be frequently restructured; and
(B) require significant assistance in providing training for employees or volunteers
to offer voter registration services under this article.
As added by P.L.12-1995, SEC.25. Amended by P.L.99-2007, SEC.6.

IC 3-7-16-2.5 NVRA official to designate agencies to provide voter

registration services
Sec. 2.5. The NVRA official shall designate the agencies required to provide voter
registration services under this chapter after determining the extent to which:
(1) an agency's programs are funded by the state; and
(2) the agency is primarily engaged in serving persons with disabilities.
As added by P.L.258-2013, SEC.23.

IC 3-7-16-3 Repealed
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.20. Repealed by
P.L.258-2013, SEC.24.

IC 3-7-16-4 Repealed
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.21. Repealed by
P.L.258-2013, SEC.25.

IC 3-7-16-5 Repealed
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.22. Repealed by
P.L.258-2013, SEC.26.

IC 3-7-16-6 Repealed
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.23. Repealed by
P.L.258-2013, SEC.27.

IC 3-7-16-7 Repealed
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.24. Repealed by
P.L.258-2013, SEC.28.

IC 3-7-16-8 Repealed
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.25. Repealed by
P.L.258-2013, SEC.29.

IC 3-7-16-9 Distribution of voter registration forms

Sec. 9. As provided in 52 U.S.C. 20506(a)(4)(A)(i) and 52 U.S.C. 20506(a)(6)(A), an
agency designated under this chapter shall distribute a voter registration form prescribed
under this chapter to each person applying for assistance from the agency whenever the
applicant:
(1) applies for service or assistance;
(2) applies for recertification or renewal of services or assistance; or
(3) submits a change of address form relating to the service or assistance;
unless the applicant declines in writing to register to vote.
As added by P.L.12-1995, SEC.25. Amended by P.L.128-2015, SEC.54.

IC 3-7-16-9.5 Voter with print disabilities; requesting voter registration

application
Sec. 9.5. A voter with print disabilities may request a voter registration application in the
manner set forth in IC 3-11-4-5.8.

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As added by P.L.109-2021, SEC.7.

IC 3-7-16-10 Voter registration services at applicant's home

Sec. 10. As provided in 52 U.S.C. 20506(a)(4)(B), an agency designated under this
chapter that provides services to a person with a disability at the person's home shall provide
voter registration services under this chapter at the person's home.
As added by P.L.12-1995, SEC.25. Amended by P.L.128-2015, SEC.55.

IC 3-7-16-11 Design of registration form

Sec. 11. The election division shall prescribe the design of the registration form to be used
under this chapter.
As added by P.L.12-1995, SEC.25. Amended by P.L.3-1997, SEC.58; P.L.169-2015, SEC.21.

IC 3-7-16-12 Requirements for registration form

Sec. 12. The registration form prescribed under section 11 of this chapter must meet the
following requirements:
(1) The form must be equivalent to the mail registration form prescribed by the election
division under IC 3-7-31 and in compliance with 52 U.S.C. 20506(a)(6)(A)(ii).
(2) The form must include a statement that does the following:
(A) Sets forth each eligibility requirement for registration (including citizenship).
(B) Contains an attestation that the applicant meets each of the eligibility
requirements.
(C) Requires the signature of the applicant, under penalty of perjury, and the date the
form was signed.
(3) The form must include the following as provided in 52 U.S.C. 20506(a)(6)(B):
(A) A question reading "If you are not registered to vote where you live now, would
you like to apply to register to vote here today?".
(B) A statement reading "Applying to register or declining to register to vote will not
affect the amount of assistance that you will be provided by this agency.".
(C) Boxes for the applicant to check to indicate whether the applicant would like to
register or declines to register to vote.
(D) A statement in close proximity to the boxes and in prominent type: "IF YOU DO
NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE
DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.".
(E) A statement reading "If you would like help in filling out the voter registration
application form, we will help you. The decision whether to seek or accept help is
yours. You may fill out the application form in private.".
(F) A statement reading "If you believe that someone has interfered with your right
to register or to decline to register to vote, or your right to choose your political party
or other political preference, you may file a complaint with (insert the title, address,
and telephone number of the NVRA official). If you want you may first try to solve
the problem by filing a complaint with the county voter registration office of the
county where the violation occurred.".
(4) The form must be designed to make voter registration as accessible as possible for
persons with disabilities.
As added by P.L.12-1995, SEC.25. Amended by P.L.3-1997, SEC.59; P.L.128-2015,
SEC.56; P.L.169-2015, SEC.22.

IC 3-7-16-13 Contents of declination form

Sec. 13. If the form used by an applicant to decline to register to vote is on a separate
form from the voter registration application, the declination form must contain the following:
(1) A statement reading "If you decline to register to vote, this is confidential, and can
only be used for voter registration purposes.".

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 (2) A statement reading "If you decide to register to vote, information about the office
at which you register is confidential, and can only be used for voter registration
purposes.".
(3) A line for the signature of the person who declines to register to vote.
(4) A line for the date that the person declined to register to vote.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-14 Declination to register

Sec. 14. An applicant who fails to check either box described in section 12(3) of this
chapter or to sign a separate declination form under section 13 of this chapter shall be
considered to have declined to register.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-15 Procedures for registration

Sec. 15. (a) This section does not apply to voter registration required under section 10 of
this chapter.
(b) To register under this chapter, an individual must do the following while on the
premises of the office:
(1) Complete the voter registration application prescribed under section 11 of this
chapter.
(2) Present the application to an employee of the office.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-16 Duties of employees in providing application

Sec. 16. An employee or a volunteer of the office who provides an individual with an
application for assistance or services under this chapter shall do the following:
(1) Inform each individual who applies for assistance or services that the information
the individual provides on the individual's voter registration application will be used
to register the individual to vote unless:
(A) the individual is not eligible to vote;
(B) the individual declines to register to vote or fails to complete the voter
registration part of the application; or
(C) answers "no" to either question described by IC 3-7-22-5(3) or IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register or transfer registration
with assistance in filling out the voter registration application unless the individual
refuses assistance, as provided in 52 U.S.C. 20506(a)(4)(ii).
(3) Check the completed voter registration form for legibility and completeness.
(4) Deliver the completed registration form to the office administrator (or the employee
designated by the administrator to be responsible for voter registration services) for
transmittal to the appropriate county voter registration office.
(5) Inform the individual that the individual will receive a mailing from the county
voter registration office of the county where the individual resides concerning the
disposition of the voter registration application.
As added by P.L.12-1995, SEC.25. Amended by P.L.9-2004, SEC.7; P.L.128-2015, SEC.57.

IC 3-7-16-17 Duties of employees if applicant registering to vote after

twenty-ninth day before primary, general, municipal, or
special election
Sec. 17. If an individual is registering to vote after the twenty-ninth day before the date
that a primary, general, municipal, or special election is scheduled in the precinct where the
voter resides, the employee or a volunteer of the office who provides an individual with an
application for assistance or services under this chapter shall do the following:
(1) Inform the individual that office registration will not permit the individual to vote

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 in the next election.
(2) Inform the individual of other procedures the individual may follow to vote in the
next election.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-18 Prohibited acts

Sec. 18. As provided in 52 U.S.C. 20506(a)(5), an employee or a volunteer of the office
shall not do any of the following:
(1) Seek to influence an applicant's political preference or party registration.
(2) Display any political preference or party allegiance, including any pictures,
photographs, or other likenesses of any currently elected federal, state, county, or local
official.
(3) Make any statement to an applicant or take any action the purpose or effect of
which is to discourage the applicant from registering to vote.
(4) Make any statement to an applicant or take any action whose purpose or effect is
to lead the applicant to believe that a decision whether or not to register has any bearing
on the availability of services or benefits.
As added by P.L.12-1995, SEC.25. Amended by P.L.128-2015, SEC.58.

IC 3-7-16-19 Assistance in completing registration form required

Sec. 19. As provided in 52 U.S.C. 20506(a)(4)(A)(ii) and 52 U.S.C. 20506(a)(6)(C), an
office designated under this chapter must offer the same degree of assistance in helping an
applicant complete a voter registration form as the applicant receives from the agency in
completing forms for assistance or services, unless the individual refuses assistance in
completing the voter registration form.
As added by P.L.12-1995, SEC.25. Amended by P.L.128-2015, SEC.59.

IC 3-7-16-20 Written acknowledgment of application; format

Sec. 20. Whenever an applicant completes a voter registration application under this
chapter, the office shall provide the applicant with a written acknowledgment that the
applicant has completed a voter registration application at the office. The acknowledgment:
(1) may be a detachable part of the registration form prescribed under section 11 of this
chapter; and
(2) must set forth the name and residential address of the applicant and the date that the
application was completed.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-21 Applicant not required to submit application to circuit court

clerk or board of registration member
Sec. 21. An applicant who completes a voter registration application under this chapter
is not required to submit the application to a circuit court clerk or board of registration
member.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.26.

IC 3-7-16-22 Confidentiality; use of information

Sec. 22. Voter registration information received or maintained by an office under this
chapter is confidential and may be used only for voter registration purposes as provided in
this article and 52 U.S.C. 20506(a)(7).
As added by P.L.12-1995, SEC.25. Amended by P.L.128-2015, SEC.60.

IC 3-7-16-23 Forwarding of application or declination; exception

Sec. 23. Unless the applicant refuses to permit the office to transmit the form to the circuit
court clerk or board of registration of the county where the applicant resides, the office shall

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forward the voter registration application or declination to the clerk or board not later than
five (5) days after the date of acceptance and as provided in 52 U.S.C. 20506(a)(4)(iii).
As added by P.L.12-1995, SEC.25. Amended by P.L.3-1995, SEC.25; P.L.128-2015, SEC.61.

IC 3-7-16-24 Updating voter registration record

Sec. 24. A signed application under section 11 of this chapter authorizes a circuit court
clerk or board of registration to update the voter registration record of the applicant.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-25 Notification to applicant of disposition

Sec. 25. The circuit court clerk or board of registration shall, upon receiving a completed
application under section 23 of this chapter, notify the applicant of the disposition of the
application in the manner prescribed under IC 3-7-33, and as required under 52 U.S.C.
20507(a)(2).
As added by P.L.12-1995, SEC.25. Amended by P.L.128-2015, SEC.62.

IC 3-7-16-26 Designated individual responsible for registration duties

Sec. 26. The governing body of an agency designated under this chapter shall designate
an individual to be responsible for performing the voter registration duties of the agency in
each office of the agency where services are provided.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-27 Transmittal of voter registration application or declination

form; exceptions
Sec. 27. (a) This section does not apply to a voter registration application or declination
to register accepted at an agency office during the final five (5) days before the end of a
registration period under IC 3-7-13.
(b) As required under 52 U.S.C. 20506(d)(1), the designated individual shall transmit a
copy of a completed voter registration application:
(1) to the circuit court clerk or board of registration of the county in which the
applicant's residential address (as indicated on the application) is located; and
(2) not later than ten (10) days after the application is accepted at the office.
(c) The designated individual shall transmit a copy of the voter registration application
(or a separate declination form) on which the applicant declined to register to vote by
specifically declining to register or by failing to complete the voter registration portion of the
application.
(d) The declination must be transmitted:
(1) to the circuit court clerk or board of registration of the county in which the
applicant's residential address (as indicated on the application) is located; and
(2) not later than ten (10) days after the application is accepted at the office.
As added by P.L.12-1995, SEC.25. Amended by P.L.128-2015, SEC.63.

IC 3-7-16-28 Transmittal of voter registration application or declination

form accepted during final five days before end of registration
period
Sec. 28. (a) This section applies to a voter registration application or declination to
register accepted at an agency office during the final five (5) days before the end of a
registration period under IC 3-7-13.
(b) As required under 52 U.S.C. 20506(d)(1), the designated individual shall transmit a
copy of the completed voter registration application:
(1) to the circuit court clerk or board of registration of the county in which the
applicant's residential address (as indicated on the application) is located; and
(2) not later than five (5) days after the application is accepted by the office.

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 (c) The designated individual shall transmit a copy of the voter registration application
(or a separate declination form) on which the applicant declined to register to vote by
specifically declining to register or by failing to complete the voter registration portion of the
application.
(d) The declination must be transmitted:
(1) to the circuit court clerk or board of registration of the county in which the
applicant's residential address (as indicated on the application) is located; and
(2) not later than five (5) days after the application is accepted at the office.
As added by P.L.12-1995, SEC.25. Amended by P.L.128-2015, SEC.64.

IC 3-7-16-29 Methods of transmittal of voter registration applications or

declinations
Sec. 29. A designated individual may use any of the following methods to transmit voter
registration applications or declinations under section 27 or 28 of this chapter:
(1) Hand delivery to the circuit court clerk or board of registration.
(2) Delivery by the United States Postal Service, using first class mail.
(3) Electronic transfer, after approval by the commission.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1997, SEC.5; P.L.3-1997, SEC.60;
P.L.76-2014, SEC.5.

IC 3-7-16-30 Hand delivery; guidelines

Sec. 30. If a designated individual transmits registration applications or declinations by
hand delivery under section 29(1) of this chapter, the circuit court clerk or board of
registration shall provide the individual with a receipt for the forms. The receipt must state
the date and time of delivery, and the printed name and signature of the person who received
the forms.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-31 County address and telephone numbers to be provided

Sec. 31. (a) The NVRA official shall provide the governing body of an agency designated
under this chapter with a list of the current addresses and telephone numbers of the offices
of the circuit court clerk or board of registration in each county. The governing body shall
promptly forward the list (and each revision of the list) to each agency office where services
are provided.
(b) The NVRA official shall provide the governing body with pre-addressed packets for
agency offices to transmit applications under section 29(1) or 29(2) of this chapter.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.27.

IC 3-7-16-32 Voter registration information to be confidential

Sec. 32. Voter registration information received or maintained under this chapter is
confidential.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-33 Notice; elections

Sec. 33. The NVRA official shall notify the governing body of the agency of the
following:
(1) The scheduled date of each primary, general, municipal, and special election.
(2) The jurisdiction in which the election will be held.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.28.

IC 3-7-16-34 Agency addresses and telephone numbers to be provided

Sec. 34. The governing body of an agency designated under this chapter shall provide the
NVRA official with a list stating the following:

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 (1) The address and telephone number of each agency office where voter registration
services will be provided under this article.
(2) The name of each individual designated by the governing body to be responsible
for performing voter registration duties under this chapter.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.29.

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IC 3-7-17 Chapter 17. Registration at Armed Forces Recruitment Offices

3-7-17-1 Purpose of chapter

3-7-17-2 Recruitment office as voter registration office
3-7-17-3 Development of registration procedures
3-7-17-4 List of recruitment offices
3-7-17-5 Prescribing forms and procedures to implement chapter

IC 3-7-17-1 Purpose of chapter

Sec. 1. This chapter prescribes voter registration procedures in armed forces recruitment
offices as provided in 52 U.S.C. 20506(c).
As added by P.L.12-1995, SEC.26. Amended by P.L.128-2015, SEC.65.

IC 3-7-17-2 Recruitment office as voter registration office

Sec. 2. As required under 52 U.S.C. 20506(c)(2), a recruitment office of the armed forces
of the United States located within Indiana is a voter registration agency under this article.
As added by P.L.12-1995, SEC.26. Amended by P.L.128-2015, SEC.66.

IC 3-7-17-3 Development of registration procedures

Sec. 3. The NVRA official shall act on behalf of the state to work with the United States
Secretary of Defense to develop and implement procedures for persons to apply to register
to vote at recruitment offices of the armed forces of the United States.
As added by P.L.12-1995, SEC.26. Amended by P.L.2-1996, SEC.30.

IC 3-7-17-4 List of recruitment offices

Sec. 4. The NVRA official shall maintain a list of the addresses and telephone numbers
of recruitment offices within Indiana where voter registration is required under this chapter.
As added by P.L.12-1995, SEC.26. Amended by P.L.2-1996, SEC.31.

IC 3-7-17-5 Prescribing forms and procedures to implement chapter

Sec. 5. (a) The NVRA official may act under section 3 of this chapter to prescribe forms
and procedures to implement this chapter.
(b) The election division may prescribe forms to implement this chapter.
As added by P.L.12-1995, SEC.26. Amended by P.L.3-1997, SEC.61; P.L.169-2015, SEC.23.

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IC 3-7-18 Chapter 18. Registration in Additional Offices; General
Provisions

3-7-18-1 Purpose of chapter

3-7-18-2 Duties of additional agencies in distributing voter registration forms
3-7-18-3 Design of registration form
3-7-18-4 Requirements for registration form
3-7-18-5 Contents of declination form
3-7-18-6 Declination to register
3-7-18-7 Procedures for registration
3-7-18-8 Duties of employees in providing application
3-7-18-9 Duties of employees if applicant registering to vote after twenty-ninth day
before primary, general, municipal, or special election
3-7-18-10 Prohibited acts
3-7-18-11 Assistance in completing registration form required
3-7-18-12 Written acknowledgment of application; format
3-7-18-13 Submission of application to circuit court clerk or board of registration
member not required
3-7-18-14 Confidentiality of information
3-7-18-15 Duty of office to forward registration application
3-7-18-16 Updating voter registration record
3-7-18-17 Notification to applicant of disposition
3-7-18-18 Designated individual
3-7-18-19 Transmittal of voter registration application or declination form
3-7-18-20 Repealed
3-7-18-21 Methods of transmittal
3-7-18-22 Guidelines for hand delivery
3-7-18-23 County addresses and telephone numbers to be provided
3-7-18-24 Notice; elections
3-7-18-25 Agency addresses and telephone numbers to be provided

IC 3-7-18-1 Purpose of chapter

Sec. 1. This chapter prescribes voter registration procedures in additional federal, state,
and local government and nongovernmental offices as provided in 52 U.S.C. 20506(a)(3).
As added by P.L.12-1995, SEC.27. Amended by P.L.128-2015, SEC.67.

IC 3-7-18-2 Duties of additional agencies in distributing voter registration

forms
Sec. 2. (a) Except as provided in subsection (b) and as provided in 52 U.S.C.
20506(a)(4)(A)(i) and 52 U.S.C. 20506(a)(6)(A), an agency designated under IC 3-7-19
(board of registration offices), IC 3-7-20.5 (unemployment compensation offices and law
enforcement offices), and IC 3-7-21 (additional designated voter registration offices) shall
distribute a voter registration form prescribed under this chapter to each person applying for
assistance from the agency whenever the applicant:
(1) applies for service or assistance;
(2) applies for recertification or renewal of services or assistance; or
(3) submits a change of address form relating to the service or assistance;
unless the applicant declines in writing to register to vote.
(b) A law enforcement agency is not required to distribute the voter registration form
described under subsection (a) unless a person is applying for a license to carry a handgun
under IC 35-47-2-3.
As added by P.L.12-1995, SEC.27. Amended by P.L.3-1995, SEC.26; P.L.81-2005, SEC.2;
P.L.128-2015, SEC.68; P.L.107-2019, SEC.1.

IC 3-7-18-3 Design of registration form

Sec. 3. The election division shall prescribe the design of the registration form to be used

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under this chapter.
As added by P.L.12-1995, SEC.27. Amended by P.L.3-1997, SEC.62; P.L.169-2015, SEC.24.

IC 3-7-18-4 Requirements for registration form

Sec. 4. The registration form prescribed under section 3 of this chapter must meet the
following requirements:
(1) The form must be equivalent to the mail registration form prescribed by the election
division under IC 3-7-31 and in compliance with 52 U.S.C. 20506(a)(6)(A)(ii).
(2) The form must include a statement that does the following:
(A) Sets forth each eligibility requirement for registration (including citizenship).
(B) Contains an attestation that the applicant meets each of the eligibility
requirements.
(C) Requires the signature of the applicant, under penalty of perjury, and the date the
form was signed.
(3) The form must include the following as provided in 52 U.S.C. 20506(a)(6)(B):
(A) A question reading "If you are not registered to vote where you live now, would
you like to apply to register to vote here today?".
(B) A statement reading "Applying to register or declining to register to vote will not
affect the amount of assistance that you will be provided by this agency.".
(C) Boxes for the applicant to check to indicate whether the applicant would like to
register or declines to register to vote.
(D) A statement in close proximity to the boxes and in prominent type: "IF YOU DO
NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE
DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.".
(E) A statement reading "If you would like help in filling out the voter registration
application form, we will help you. The decision whether to seek or accept help is
yours. You may fill out the application form in private.".
(F) A statement reading "If you believe that someone has interfered with your right
to register or to decline to register to vote, or your right to choose your political party
or other political preference, you may file a complaint with (insert the title, address,
and telephone number of the NVRA official). If you want you may first try to solve
the problem by filing a complaint with the county voter registration office of the
county where the violation occurred.".
As added by P.L.12-1995, SEC.27. Amended by P.L.3-1997, SEC.63; P.L.128-2015,
SEC.69; P.L.169-2015, SEC.25.

IC 3-7-18-5 Contents of declination form

Sec. 5. If the form used by an applicant to decline to register to vote is on a separate form
from the voter registration application, the declination form must contain the following:
(1) A statement reading "If you decline to register to vote, this is confidential, and can
only be used for voter registration purposes.".
(2) A statement reading "If you decide to register to vote, information about the office
at which you register is confidential, and can only be used for voter registration
purposes.".
(3) A line for the signature of the person who declines to register to vote.
(4) A line for the date that the person declined to register to vote.
As added by P.L.12-1995, SEC.27.

IC 3-7-18-6 Declination to register

Sec. 6. An applicant who fails to check either box described in section 4(3) of this chapter
or to sign a separate declination form under section 5 of this chapter shall be considered to
have declined to register.
As added by P.L.12-1995, SEC.27.

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IC 3-7-18-7 Procedures for registration
Sec. 7. To register under this chapter, an individual must do the following while on the
premises of the office:
(1) Complete the voter registration application prescribed under section 3 of this
chapter.
(2) Present the application to an employee of the office.
As added by P.L.12-1995, SEC.27.

IC 3-7-18-8 Duties of employees in providing application

Sec. 8. An employee of the office who provides an individual with an application for
assistance or services under this chapter shall do the following:
(1) Inform each individual who applies for assistance or services that the information
the individual provides on the individual's voter registration application will be used
to register the individual to vote unless:
(A) the individual is not eligible to vote;
(B) the individual declines to register to vote or fails to complete the voter
registration part of the application; or
(C) answers "no" to either question described by IC 3-7-22-5(3) or IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register or transfer registration
with assistance in filling out the voter registration application unless the individual
refuses assistance, as provided in 52 U.S.C. 20506(a)(4)(A)(ii).
(3) Check the completed voter registration form for legibility and completeness.
(4) Deliver the completed registration form to the office administrator (or the employee
designated by the administrator to be responsible for voter registration services) for
transmittal to the appropriate county voter registration office.
(5) Inform the individual that the individual will receive a mailing from the county
voter registration office of the county where the individual resides concerning the
disposition of the voter registration application.
As added by P.L.12-1995, SEC.27. Amended by P.L.2-1998, SEC.4; P.L.9-2004, SEC.8;
P.L.128-2015, SEC.70.

IC 3-7-18-9 Duties of employees if applicant registering to vote after

twenty-ninth day before primary, general, municipal, or
special election
Sec. 9. If an individual is registering to vote after the twenty-ninth day before the date that
a primary, general, municipal, or special election is scheduled in the precinct where the voter
resides, the employee or volunteer of the office who provides an individual with an
application for assistance or services under this chapter shall do the following:
(1) Inform the individual that office registration will not permit the individual to vote
in the next election.
(2) Inform the individual of other procedures the individual may follow to vote in the
next election.
As added by P.L.12-1995, SEC.27.

IC 3-7-18-10 Prohibited acts

Sec. 10. As provided in 52 U.S.C. 20506(a)(5), an employee or a volunteer of the office
shall not do any of the following:
(1) Seek to influence an applicant's political preference or party registration.
(2) Display any political preference or party allegiance, including any pictures,
photographs, or other likenesses of any currently elected federal, state, county, or local
official.
(3) Make any statement to an applicant or take any action the purpose or effect of
which is to discourage the applicant from registering to vote.

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 (4) Make any statement to an applicant or take any action whose purpose or effect is
to lead the applicant to believe that a decision whether or not to register has any bearing
on the availability of services or benefits.
As added by P.L.12-1995, SEC.27. Amended by P.L.128-2015, SEC.71.

IC 3-7-18-11 Assistance in completing registration form required

Sec. 11. As provided in 52 U.S.C. 20506(a)(4)(A)(ii) and 52 U.S.C. 20506(a)(6)(C), an
office designated under this chapter must offer the same degree of assistance in helping an
applicant complete a voter registration form as the applicant receives from the agency in
completing forms for assistance or services, unless the individual refuses assistance in
completing the voter registration form.
As added by P.L.12-1995, SEC.27. Amended by P.L.128-2015, SEC.72.

IC 3-7-18-12 Written acknowledgment of application; format

Sec. 12. Whenever an applicant completes a voter registration application under this
chapter, the office shall provide the applicant with a written acknowledgment that the
applicant has completed a voter registration application at the office. The acknowledgment:
(1) may be a detachable part of the registration form prescribed under section 3 of this
chapter; and
(2) must set forth the name and residential address of the applicant and the date that the
application was completed.
As added by P.L.12-1995, SEC.27.

IC 3-7-18-13 Submission of application to circuit court clerk or board of

registration member not required
Sec. 13. An applicant who completes a voter registration application under this chapter
is not required to submit the application to a circuit court clerk or board of registration
member.
As added by P.L.12-1995, SEC.27. Amended by P.L.2-1996, SEC.32.

IC 3-7-18-14 Confidentiality of information

Sec. 14. Voter registration information received or maintained by an office under this
chapter is confidential and may be used only for voter registration purposes as provided in
this article and 52 U.S.C. 20506(a)(7).
As added by P.L.12-1995, SEC.27. Amended by P.L.128-2015, SEC.73.

IC 3-7-18-15 Duty of office to forward registration application

Sec. 15. Unless the applicant refuses to permit the office to transmit the form to the circuit
court clerk or board of registration of the county where the applicant resides, the office shall
forward the voter registration application or declination to the clerk or board as provided in
52 U.S.C. 20506(a)(4)(A)(iii).
As added by P.L.12-1995, SEC.27. Amended by P.L.2-1997, SEC.6; P.L.128-2015, SEC.74.

IC 3-7-18-16 Updating voter registration record

Sec. 16. A signed application under this chapter authorizes a circuit court clerk or board
of registration to update the voter registration record of the applicant.
As added by P.L.12-1995, SEC.27.

IC 3-7-18-17 Notification to applicant of disposition

Sec. 17. The circuit court clerk or board of registration shall, upon receiving a completed
application under section 15 of this chapter, notify the applicant of the disposition of the
application in the manner prescribed under IC 3-7-33, and as required under 52 U.S.C.
20507(a)(2).

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As added by P.L.12-1995, SEC.27. Amended by P.L.128-2015, SEC.75.

IC 3-7-18-18 Designated individual

Sec. 18. The governing body of an agency designated under this chapter shall designate
an individual to be responsible for performing the voter registration duties of the agency in
each office of the agency where services are provided.
As added by P.L.12-1995, SEC.27.

IC 3-7-18-19 Transmittal of voter registration application or declination

form
Sec. 19. (a) As required under 52 U.S.C. 20506(d)(1), the designated individual shall
transmit a copy of a completed voter registration application:
(1) to the circuit court clerk or board of registration of the county in which the
applicant's residential address (as indicated on the application) is located; and
(2) not later than five (5) days after the application is accepted at the office.
(b) The designated individual shall transmit a copy of the voter registration application
(or a separate declination form) on which the applicant declined to register to vote by
specifically declining to register or by failing to complete the voter registration portion of the
application.
(c) The declination must be transmitted:
(1) to the circuit court clerk or board of registration of the county in which the
applicant's residential address (as indicated on the application) is located; and
(2) not later than five (5) days after the application is accepted at the office.
As added by P.L.12-1995, SEC.27. Amended by P.L.3-1995, SEC.27; P.L.128-2015, SEC.76.

IC 3-7-18-20 Repealed
As added by P.L.12-1995, SEC.27. Repealed by P.L.3-1995, SEC.155.

IC 3-7-18-21 Methods of transmittal

Sec. 21. A designated individual may use any of the following methods to transmit voter
registration applications or declinations under section 19 of this chapter:
(1) Hand delivery to the county voter registration office.
(2) Delivery by the United States Postal Service, using first class mail.
(3) Electronic transfer, after approval by the commission.
As added by P.L.12-1995, SEC.27. Amended by P.L.3-1997, SEC.64; P.L.42-2011, SEC.1;
P.L.76-2014, SEC.6.

IC 3-7-18-22 Guidelines for hand delivery

Sec. 22. If a designated individual transmits registration applications or declinations by
hand delivery under section 21(1) of this chapter, the circuit court clerk or board of
registration shall provide the individual with a receipt for the forms. The receipt must state
the date and time of delivery, and the printed name and signature of the person who received
the forms.
As added by P.L.12-1995, SEC.27.

IC 3-7-18-23 County addresses and telephone numbers to be provided

Sec. 23. (a) The NVRA official shall provide the governing body of an agency designated
under this chapter with a list of the current addresses and telephone numbers of the offices
of the circuit court clerk or board of registration in each county. The governing body shall
promptly forward the list (and each revision of the list) to each agency office where services
are provided.
(b) The NVRA official shall provide the governing body with pre-addressed packets for
agency offices to transmit applications under section 21(1) or 21(2) of this chapter.

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As added by P.L.12-1995, SEC.27. Amended by P.L.2-1996, SEC.33.

IC 3-7-18-24 Notice; elections

Sec. 24. The NVRA official shall notify the governing body of the agency of the
following:
(1) The scheduled date of each primary, general, municipal, and special election.
(2) The jurisdiction in which the election will be held.
As added by P.L.12-1995, SEC.27. Amended by P.L.2-1996, SEC.34.

IC 3-7-18-25 Agency addresses and telephone numbers to be provided

Sec. 25. The governing body of an agency designated under this chapter shall provide the
NVRA official with a list stating the following:
(1) The address and telephone number of each agency office where voter registration
services will be provided under this article.
(2) The name of each individual designated by the governing body to be responsible
for performing voter registration duties under this chapter.
As added by P.L.12-1995, SEC.27. Amended by P.L.2-1996, SEC.35.

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IC 3-7-19 Chapter 19. Registration in Board of Registration Offices

3-7-19-1 Designation of voter registration office

3-7-19-2 Accepting and processing voter registration applications
3-7-19-3 Governing body
3-7-19-4 Submission of application
3-7-19-5 Designated individual not required
3-7-19-6 Prohibited acts

IC 3-7-19-1 Designation of voter registration office

Sec. 1. Each board of registration office that is not located in the same building as the
principal office of the circuit court clerk or board of registration office is designated as a
voter registration office under 52 U.S.C. 20506(a)(3).
As added by P.L.12-1995, SEC.28. Amended by P.L.128-2015, SEC.77.

IC 3-7-19-2 Accepting and processing voter registration applications

Sec. 2. Except as provided in this chapter, the board of registration office shall accept and
process voter registration applications as provided in IC 3-7-18.
As added by P.L.12-1995, SEC.28.

IC 3-7-19-3 Governing body

Sec. 3. For the purposes of this chapter, the county election board is the "governing body"
under IC 3-7-18.
As added by P.L.12-1995, SEC.28.

IC 3-7-19-4 Submission of application

Sec. 4. An individual who registers to vote under this chapter must submit a voter
registration application to a member or an employee of the board of registration.
As added by P.L.12-1995, SEC.28.

IC 3-7-19-5 Designated individual not required

Sec. 5. The governing body is not required to designate an individual to be responsible
for performing the voter registration duties of the board.
As added by P.L.12-1995, SEC.28.

IC 3-7-19-6 Prohibited acts

Sec. 6. As provided in 52 U.S.C. 20506(a)(5), an employee or volunteer of a county voter
registration office may not do any of the following:
(1) Seek to influence an applicant's political preference or party registration.
(2) Display any political preference or party allegiance, including pictures,
photographs, or other likenesses of any currently elected federal, state, county, or local
official.
(3) Make any statement to an applicant or take any action the purpose or effect of
which is to discourage the applicant from registering to vote.
(4) Make any statement to an applicant or take any action the purpose or effect of
which is to lead the applicant to believe that a decision whether or not to register has
any bearing on the availability of services or benefits.
As added by P.L.176-1999, SEC.21. Amended by P.L.128-2015, SEC.78.

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IC 3-7-20 Chapter 20. Repealed
Repealed by P.L.81-2005, SEC.35.

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IC 3-7-20.5 Chapter 20.5. Registration in Unemployment Compensation
Offices

3-7-20.5-1 Unemployment compensation office and law enforcement offices as voter

registration offices
3-7-20.5-2 Filing and submission of implementation plan
3-7-20.5-3 Governing body

IC 3-7-20.5-1 Unemployment compensation office and law enforcement

offices as voter registration offices
Sec. 1. Each of the following locations is designated as a voter registration office under
52 U.S.C. 20506:
(1) Each office of the department of employment and training services that provides
assistance or services concerning unemployment compensation.
(2) Each office affiliated with the Indiana state police.
(3) Each office affiliated with the sheriff of a county.
(4) Each office affiliated with a municipal law enforcement agency.
As added by P.L.12-1995, SEC.30. Amended by P.L.128-2015, SEC.79; P.L.107-2019,
SEC.2.

IC 3-7-20.5-2 Filing and submission of implementation plan

Sec. 2. Except as provided in this chapter, an office described by section 1 of this chapter
shall accept and process voter registration applications as provided in IC 3-7-18.
As added by P.L.12-1995, SEC.30.

IC 3-7-20.5-3 Governing body

Sec. 3. For purposes of this chapter, the following persons shall act as a "governing body"
under IC 3-7-18:
(1) The executive director of the department of employment and training services.
(2) The superintendent of state police.
(3) The sheriff of a county.
(4) The chief of police or comparable law enforcement officer for a municipal law
enforcement agency.
As added by P.L.12-1995, SEC.30. Amended by P.L.107-2019, SEC.3.

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IC 3-7-21 Chapter 21. Procedures for Designating Additional Voter
Registration Offices; County NVRA Implementation Plans

3-7-21-1 Purpose of chapter

3-7-21-2 Repealed
3-7-21-3 Repealed
3-7-21-4 Repealed
3-7-21-5 Repealed
3-7-21-5.5 Duration of designation of office as voter registration agency
3-7-21-6 Governing body; designation of voter registration agency; unanimous vote
required
3-7-21-7 Office to be provided

IC 3-7-21-1 Purpose of chapter

Sec. 1. This chapter prescribes the procedure for designating additional federal and
nongovernmental offices as voter registration agencies under 52 U.S.C. 20506(a)(3)(B)(ii).
As added by P.L.12-1995, SEC.31. Amended by P.L.128-2015, SEC.80.

IC 3-7-21-2 Repealed
As added by P.L.12-1995, SEC.31. Amended by P.L.2-1996, SEC.36; P.L.3-1997, SEC.65.
Repealed by P.L.258-2013, SEC.30.

IC 3-7-21-3 Repealed
As added by P.L.12-1995, SEC.31. Repealed by P.L.258-2013, SEC.31.

IC 3-7-21-4 Repealed
As added by P.L.12-1995, SEC.31. Amended by P.L.2-1996, SEC.37. Repealed by
P.L.258-2013, SEC.32.

IC 3-7-21-5 Repealed
As added by P.L.12-1995, SEC.31. Amended by P.L.2-1996, SEC.38. Repealed by
P.L.258-2013, SEC.33.

IC 3-7-21-5.5 Duration of designation of office as voter registration agency

Sec. 5.5. The designation of an office as a voter registration agency under a county NVRA
implementation plan before July 1, 2013, remains in effect until otherwise ordered by the
county election board.
As added by P.L.258-2013, SEC.34.

IC 3-7-21-6 Governing body; designation of voter registration agency;

unanimous vote required
Sec. 6. (a) For the purposes of this chapter, the officer, board, entity, or agency that has
the authority to enter into an agreement with the county election board is the "governing
body" under IC 3-7-18.
(b) A county election board, by unanimous vote of its entire membership, may enter into
an agreement to designate an office located within the county as a voter registration agency.
As added by P.L.12-1995, SEC.31. Amended by P.L.258-2013, SEC.35.

IC 3-7-21-7 Office to be provided

Sec. 7. An agreement under this chapter must provide for an office to accept and process
voter registration applications as provided in IC 3-7-18.
As added by P.L.12-1995, SEC.31.

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IC 3-7-22 Chapter 22. Mail Registration

3-7-22-1 Purpose of chapter

3-7-22-2 Use of form prescribed by federal Election Assistance Commission
3-7-22-3 Use of form prescribed by election division
3-7-22-4 Information required
3-7-22-5 Content of mail registration form
3-7-22-6 Distribution of form; voter registration programs; downloadable version
3-7-22-7 Repealed
3-7-22-8 Appearance in person not necessary
3-7-22-9 Acceptance of registration form

IC 3-7-22-1 Purpose of chapter

Sec. 1. This chapter prescribes procedures for voter registration by mail as provided in
52 U.S.C. 20505 and 52 U.S.C. 21083.
As added by P.L.12-1995, SEC.32. Amended by P.L.209-2003, SEC.26; P.L.81-2005,
SEC.3; P.L.128-2015, SEC.81.

IC 3-7-22-2 Use of form prescribed by federal Election Assistance

Commission
Sec. 2. As provided in 52 U.S.C. 20505(a)(1) and 52 U.S.C. 21083, a county voter
registration office shall accept and use the mail voter registration form prescribed by the
federal Election Assistance Commission under 52 U.S.C. 20508(a)(2).
As added by P.L.12-1995, SEC.32. Amended by P.L.209-2003, SEC.27; P.L.81-2005,
SEC.4; P.L.128-2015, SEC.82.

IC 3-7-22-3 Use of form prescribed by election division

Sec. 3. As provided in 52 U.S.C. 20505(a)(2) and 52 U.S.C. 21083, a county voter
registration office shall accept and use a mail voter registration form prescribed by the
election division that complies with 52 U.S.C. 20508(b)(2), 52 U.S.C. 21083, and this article.
As added by P.L.12-1995, SEC.32. Amended by P.L.3-1997, SEC.66; P.L.209-2003,
SEC.28; P.L.81-2005, SEC.5; P.L.128-2015, SEC.83; P.L.169-2015, SEC.26.

IC 3-7-22-4 Information required

Sec. 4. (a) A mail registration form prescribed under section 3 of this chapter may only
require information necessary to enable the county voter registration office to do the
following:
(1) Assess the eligibility of the applicant, including the eligibility of the applicant under
52 U.S.C. 21083.
(2) Administer the voter registration and election process.
(b) The information required under subsection (a) may include the following:
(1) The signature of the applicant.
(2) Data relating to previous registration by the applicant.
(c) The form may not include any requirement for notarization or other formal
authentication.
As added by P.L.12-1995, SEC.32. Amended by P.L.209-2003, SEC.29; P.L.81-2005,
SEC.6; P.L.128-2015, SEC.84.

IC 3-7-22-5 Content of mail registration form

Sec. 5. A mail registration form prescribed under section 3 of this chapter must meet the
following requirements:
(1) The form must include a statement that does the following:
(A) Sets forth each eligibility requirement for registration (including citizenship).
(B) Contains an attestation that the applicant meets each of the eligibility

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 requirements.
(C) Requires the signature of the applicant, under penalty of perjury.
(2) The form must include, in print that is identical to the print used in the attestation
part of the application, information setting forth the penalties provided by law for
submission of a false voter registration application.
(3) The question "Are you a citizen of the United States of America?" and boxes for
the applicant to check to indicate whether the applicant is or is not a citizen of the
United States.
(4) The question "Will you be 18 years of age on or before election day?" and boxes
for the applicant to check to indicate whether or not the applicant will be eighteen (18)
years of age on or before election day.
(5) A statement informing the individual that if the form is submitted by mail and the
individual is registering for the first time, the appropriate information required under
52 U.S.C. 21083 must be submitted with the mail-in registration form in order to avoid
the additional identification requirements upon voting for the first time.
As added by P.L.12-1995, SEC.32. Amended by P.L.3-1997, SEC.67; P.L.209-2003,
SEC.30; P.L.81-2005, SEC.7; P.L.128-2015, SEC.85.

IC 3-7-22-6 Distribution of form; voter registration programs;

downloadable version
Sec. 6. (a) As provided in 52 U.S.C. 20505, the NVRA official shall make registration by
mail forms available for distribution, with particular emphasis on organized voter registration
programs.
(b) The NVRA official complies with subsection (a) by ensuring that a downloadable
version of the current registration by mail form is published on the election division web site.
As added by P.L.12-1995, SEC.32. Amended by P.L.2-1996, SEC.39; P.L.3-1997, SEC.68;
P.L.176-1999, SEC.23; P.L.81-2005, SEC.8; P.L.128-2015, SEC.86.

IC 3-7-22-7 Repealed
As added by P.L.12-1995, SEC.32. Amended by P.L.2-1996, SEC.40; P.L.3-1997, SEC.69.
Repealed by P.L.199-2001, SEC.29.

IC 3-7-22-8 Appearance in person not necessary

Sec. 8. An individual who is eligible to register under this article may register by mail
without appearing in person before a circuit court clerk or board of registration.
As added by P.L.12-1995, SEC.32. Amended by P.L.2-1996, SEC.41.

IC 3-7-22-9 Acceptance of registration form

Sec. 9. A circuit court clerk or board of registration shall accept a registration by mail
form for processing under this article whenever the form is presented by any of the following:
(1) The United States Postal Service.
(2) The individual registering by mail.
(3) A person presenting the form on behalf of the individual who is registering.
As added by P.L.12-1995, SEC.32.

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IC 3-7-23 Chapter 23. Repealed
Repealed by P.L.64-2014, SEC.6.

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IC 3-7-24 Chapter 24. Distribution Sites for Mail Registration Forms

3-7-24-1 Purpose of chapter

3-7-24-2 License branches
3-7-24-3 Circuit court clerks' offices
3-7-24-4 Township executives' offices
3-7-24-5 Library as distribution site
3-7-24-6 State educational institutions
3-7-24-7 Schools
3-7-24-8 County extension educators' offices
3-7-24-9 City clerks', city clerk-treasurers', or town clerk-treasurers' offices
3-7-24-10 State offices
3-7-24-11 Offices of political subdivisions
3-7-24-12 Federal government offices
3-7-24-13 Post offices
3-7-24-14 Private secondary schools
3-7-24-15 Financial institutions
3-7-24-16 Processing of forms by distribution sites not required
3-7-24-17 Notice

IC 3-7-24-1 Purpose of chapter

Sec. 1. This chapter provides for the distribution of mail registration forms in certain
governmental and nongovernmental offices.
As added by P.L.12-1995, SEC.34.

IC 3-7-24-2 License branches

Sec. 2. Each license branch is a distribution site for registration by mail forms under
IC 9-14.1-4.
As added by P.L.12-1995, SEC.34. Amended by P.L.198-2016, SEC.2.

IC 3-7-24-3 Circuit court clerks' offices

Sec. 3. Each office of a circuit court clerk that does not provide voter registration services
is a distribution site for registration by mail forms.
As added by P.L.12-1995, SEC.34.

IC 3-7-24-4 Township executives' offices

Sec. 4. Each office of a township executive is a distribution site for registration by mail
forms.
As added by P.L.12-1995, SEC.34.

IC 3-7-24-5 Library as distribution site

Sec. 5. Each public library or county contractual public library established under IC 36-12
is a distribution site for registration by mail forms.
As added by P.L.12-1995, SEC.34. Amended by P.L.1-2005, SEC.52.

IC 3-7-24-6 State educational institutions

Sec. 6. Each state educational institution is a distribution site for registration by mail
forms.
As added by P.L.12-1995, SEC.34. Amended by P.L.2-2007, SEC.11.

IC 3-7-24-7 Schools
Sec. 7. Each public secondary school is a distribution site for registration by mail forms.
As added by P.L.12-1995, SEC.34. Amended by P.L.81-2005, SEC.9.

IC 3-7-24-8 County extension educators' offices

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 Sec. 8. Each office of a county extension educator is a distribution site for registration by
mail forms.
As added by P.L.12-1995, SEC.34.

IC 3-7-24-9 City clerks', city clerk-treasurers', or town clerk-treasurers'

offices
Sec. 9. Each office of a city clerk, city clerk-treasurer, or town clerk-treasurer is a
distribution site for registration by mail forms.
As added by P.L.12-1995, SEC.34. Amended by P.L.3-1995, SEC.33; P.L.81-2005, SEC.10.

IC 3-7-24-10 State offices

Sec. 10. (a) Each state office that:
(1) has significant contact with the public; and
(2) is not otherwise designated as a voter registration site under this article;
is a distribution site for registration by mail forms.
(b) The commission shall determine if a state office has significant contact with the public
for purposes of this section.
As added by P.L.12-1995, SEC.34. Amended by P.L.2-1996, SEC.43.

IC 3-7-24-11 Offices of political subdivisions

Sec. 11. (a) Each office of a political subdivision that:
(1) has significant contact with the public; and
(2) is not otherwise designated as a voter registration site under this article;
is a distribution site for registration by mail forms.
(b) The county election board of the county in which the greatest percentage of the
population of the political subdivision is located shall determine if an office has significant
contact with the public for purposes of this section.
As added by P.L.12-1995, SEC.34. Amended by P.L.64-2014, SEC.7.

IC 3-7-24-12 Federal government offices

Sec. 12. (a) An office of the federal government may be designated as a distribution site
for registration by mail forms.
(b) The NVRA official may enter into an agreement on behalf of the commission with an
agency of the federal government to designate an office as a distribution site for registration
by mail forms under this section.
(c) The circuit court clerk may enter into an agreement on behalf of the county election
board with an agency of the federal government to designate an office as a distribution site
for registration by mail forms under this section. A clerk that enters into an agreement under
this subsection must provide the NVRA official with the following:
(1) A copy of the agreement.
(2) The address of the voter registration site.
(3) The name of the person responsible for voter registration services at the site.
(d) If the agreement under subsection (c) is revised or the information provided under
subsection (c) changes, the clerk shall promptly provide the NVRA official with the revised
agreement or changed information.
As added by P.L.12-1995, SEC.34. Amended by P.L.2-1996, SEC.44.

IC 3-7-24-13 Post offices

Sec. 13. (a) A United States Postal Service office may be designated as a distribution site
for registration by mail forms.
(b) The NVRA official may enter into an agreement on behalf of the commission with the
United States Postal Service to designate an office as a distribution site for registration by
mail forms under this section.

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 (c) The circuit court clerk may enter into an agreement on behalf of the county election
board with the United States Postal Service to designate an office as a distribution site for
registration by mail forms under this section. A clerk that enters into an agreement under this
subsection must provide the NVRA official with the following:
(1) A copy of the agreement.
(2) The address of the voter registration site.
(3) The name of the person responsible for voter registration services at the site.
(d) If the agreement under subsection (c) is revised or the information provided under
subsection (c) changes, the clerk shall promptly provide the NVRA official with the revised
agreement or changed information.
As added by P.L.12-1995, SEC.34. Amended by P.L.2-1996, SEC.45.

IC 3-7-24-14 Private secondary schools

Sec. 14. (a) A private secondary school located in Indiana may be designated as a
distribution site for registration by mail forms.
(b) The NVRA official may enter into an agreement on behalf of the commission with the
board of trustees of the private secondary school to designate the school as a distribution site
for registration by mail forms under this section.
(c) The circuit court clerk may enter into an agreement on behalf of the county election
board with the board of trustees of a private secondary school to designate the school as a
distribution site for registration by mail forms under this section. A clerk that enters into an
agreement under this subsection must provide the NVRA official with the following:
(1) A copy of the agreement.
(2) The address of the voter registration site.
(3) The name of the person responsible for voter registration services at the site.
(d) If the agreement under subsection (c) is revised or the information provided under
subsection (c) changes, the clerk shall promptly provide the NVRA official with the revised
agreement or changed information.
As added by P.L.12-1995, SEC.34. Amended by P.L.2-1996, SEC.46.

IC 3-7-24-15 Financial institutions

Sec. 15. (a) A financial institution (as defined in IC 28-1-1-3) may be designated as a
distribution site for registration by mail forms.
(b) The NVRA official may enter into an agreement on behalf of the commission with the
board of trustees of a financial institution to designate the financial institution as a
distribution site for registration by mail forms under this section.
(c) The circuit court clerk may enter into an agreement on behalf of the county election
board with the board of trustees of a financial institution to designate the financial institution
as a distribution site for registration by mail forms under this section. A clerk that enters into
an agreement under this subsection must provide the NVRA official with the following:
(1) A copy of the agreement.
(2) The address of the voter registration site.
(3) The name of the person responsible for voter registration services at the site.
(d) If the agreement under subsection (c) is revised or the information provided under
subsection (c) changes, the clerk shall promptly provide the NVRA official with the revised
agreement or changed information.
As added by P.L.12-1995, SEC.34. Amended by P.L.2-1996, SEC.47.

IC 3-7-24-16 Processing of forms by distribution sites not required

Sec. 16. An office with a distribution site for registration forms under this chapter is not
required to do the following:
(1) Accept registration forms when completed.
(2) Mail or deliver the forms to a circuit court clerk or board of registration.

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As added by P.L.12-1995, SEC.34.

IC 3-7-24-17 Notice
Sec. 17. Each office with a distribution site for registration forms under this chapter shall
post a notice in a prominent location easily visible to members of the public. The notice must
state substantially the following:
"VOTER REGISTRATION FORMS
AVAILABLE HERE
This office has forms that you can fill out to register to vote in Indiana.
If you live in Indiana and are not registered to vote where you live now, and you want to
register (or change your registration record), please take one of the forms.
If you cannot find a blank voter registration form in this office, ask us to give you a form.
You must take the form with you and mail or deliver the form to the voter registration
office.
Applying to register or declining to register to vote will not affect the assistance or service
that you will be provided by this office.".
As added by P.L.12-1995, SEC.34.

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IC 3-7-25 Chapter 25. Repealed
Repealed by P.L.2-1996, SEC.297.

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IC 3-7-26 Chapter 26. Repealed
Repealed by P.L.164-2006, SEC.143.

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IC 3-7-26.3 Chapter 26.3. Statewide Voter Registration List

3-7-26.3-1 Repealed
3-7-26.3-2 "Computerized list"
3-7-26.3-3 Establishment of statewide voter registration list
3-7-26.3-4 Requirements for list; ownership of list; use of list
3-7-26.3-4.5 Maintaining computerized list; agreement with county
3-7-26.3-5 List as single system to maintain voter registration information in Indiana
3-7-26.3-6 Coordination with other state agency data bases
3-7-26.3-7 Electronic access to the list
3-7-26.3-8 Change of data in list; authority of county voter registration offices
3-7-26.3-9 Entry of voter registration information
3-7-26.3-10 Support to county voter registration offices
3-7-26.3-11 List maintenance; removal of voters from the list
3-7-26.3-12 Coordination of list with department of correction records
3-7-26.3-13 Coordination of list with Indiana department of health records
3-7-26.3-14 Standards for list maintenance
3-7-26.3-15 Security of list; multi-factor authentication; county point of contact for
cybersecurity issues
3-7-26.3-16 Accuracy of list; updates
3-7-26.3-17 Removal of inactive voters from list
3-7-26.3-18 Verification of information with bureau of motor vehicles; agreement to
implement
3-7-26.3-19 Agreement between bureau of motor vehicles and Social Security
Administration; information to be verified
3-7-26.3-20 Requirements for agreement
3-7-26.3-21 Confidentiality of information; permissible uses of information
3-7-26.3-22 List requirement; voter information
3-7-26.3-23 List requirement; absentee ballot management features; format of list
3-7-26.3-24 List requirement; clerk transmittals to election division
3-7-26.3-25 List requirement; election and poll worker management features
3-7-26.3-26 List requirement; disaster recovery plan
3-7-26.3-27 List requirement; signature digitizing features
3-7-26.3-28 List requirement; street file management features
3-7-26.3-29 Required list voter registration management features; restriction of access to
certain information
3-7-26.3-30 List requirement; help desk support feature
3-7-26.3-31 List requirement; other features
3-7-26.3-32 List requirement; features for county with county voter registration office
3-7-26.3-33 Receipt of vote history and other information from electronic pollbooks;
downloading images onto electronic pollbooks; other capabilities
3-7-26.3-34 Providing information to the Voting Information Project
3-7-26.3-35 Computerized list; proficiency standards for individuals to access
3-7-26.3-36 Voter transfer of registration from one county to another county; entry of
information that voter voted in county of previous registration

IC 3-7-26.3-1 Repealed
As added by P.L.209-2003, SEC.35. Repealed by P.L.164-2006, SEC.143.

IC 3-7-26.3-2 "Computerized list"

Sec. 2. As used in this chapter, "computerized list" refers to the statewide voter
registration list established under section 3 of this chapter.
As added by P.L.209-2003, SEC.35.

IC 3-7-26.3-3 Establishment of statewide voter registration list

Sec. 3. As required under 52 U.S.C. 21083, the secretary of state with the consent of the
co-directors of the election division shall implement, in a uniform and nondiscriminatory
manner, a single, uniform, official, centralized, and interactive statewide voter registration
list under this chapter.

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As added by P.L.209-2003, SEC.35. Amended by P.L.164-2006, SEC.12; P.L.128-2015,
SEC.87.

IC 3-7-26.3-4 Requirements for list; ownership of list; use of list

Sec. 4. (a) As required under 52 U.S.C. 21083, the computerized list must:
(1) be defined, maintained, and administered at the state level;
(2) contain the name and registration information of every voter in Indiana; and
(3) assign a unique identifier to each voter in Indiana.
(b) To ensure the proper maintenance and administration of the list under subsection
(a)(1), the secretary of state and the election division are the owners of all property
comprising the computerized list. Except as expressly provided by statute, the computerized
list and each of its components must be used exclusively for voter registration and election
administration and for no other purpose.
As added by P.L.209-2003, SEC.35. Amended by P.L.81-2005, SEC.11; P.L.128-2015,
SEC.88.

IC 3-7-26.3-4.5 Maintaining computerized list; agreement with county

Sec. 4.5. The state may enter into agreements with a county to use existing county
property for purposes of maintaining the computerized list. If the county's equipment fails
to perform properly in maintaining the computerized list, the state may cancel any existing
agreement with the county and install additional state owned equipment in any county facility
to ensure proper operation and maintenance of the computerized list.
As added by P.L.164-2006, SEC.13.

IC 3-7-26.3-5 List as single system to maintain voter registration information

in Indiana
Sec. 5. In accordance with 52 U.S.C. 21083, the computerized list serves as:
(1) the single system for storing and managing the official list of voters throughout
Indiana; and
(2) the official voter registration list for the conduct of all elections in Indiana.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.89.

IC 3-7-26.3-6 Coordination with other state agency data bases

Sec. 6. As required under 52 U.S.C. 21083, the computerized list must be coordinated
with other agency data bases within Indiana.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.90.

IC 3-7-26.3-7 Electronic access to the list

Sec. 7. As required under 52 U.S.C. 21083, each county voter registration office, the
election division, and the secretary of state must be able to obtain immediate electronic
access to the information contained in the computerized list.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.91.

IC 3-7-26.3-8 Change of data in list; authority of county voter registration

offices
Sec. 8. The computerized list must be formatted so that only the county voter registration
office of a county may change data in the file concerning the voters registered in that county.
As added by P.L.209-2003, SEC.35.

IC 3-7-26.3-9 Entry of voter registration information

Sec. 9. As required under 52 U.S.C. 21083, a county voter registration office must
electronically enter all voter registration information obtained by the county voter registration
office into the computerized list on an expedited basis at the time the information is provided

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to the county voter registration office.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.92.

IC 3-7-26.3-10 Support to county voter registration offices

Sec. 10. As required under 52 U.S.C. 21083, the secretary of state and the election
division shall provide the support required for the county voter registration office to enter the
information into the computerized list.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.93.

IC 3-7-26.3-11 List maintenance; removal of voters from the list

Sec. 11. As required under 52 U.S.C. 21083, the county voter registration office shall
perform list maintenance with respect to the computerized list on a regular basis. The list
maintenance activity required under this section includes the removal of an individual from
the list when required by this article and NVRA following:
(1) the death of the individual;
(2) the individual's confirmation that the individual resides outside the county in which
the individual is registered; or
(3) an inactive voter's failure to respond to a notice or otherwise act in accordance with
52 U.S.C. 20507 to require the voter's registration to be reclassified as active within the
period prescribed by NVRA.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.94.

IC 3-7-26.3-12 Coordination of list with department of correction records

Sec. 12. As required under 52 U.S.C. 21083, the election division shall coordinate the
computerized list with the department of correction records concerning individuals
disfranchised under IC 3-7-46.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.95.

IC 3-7-26.3-13 Coordination of list with Indiana department of health records

Sec. 13. As required under 52 U.S.C. 21083, the election division shall coordinate the
computerized list with the Indiana department of health concerning individuals identified as
deceased under IC 3-7-45.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.96; P.L.56-2023,
SEC.2.

IC 3-7-26.3-14 Standards for list maintenance

Sec. 14. As required under 52 U.S.C. 21083, the computerized list maintenance
performed under sections 11 through 13 of this chapter must ensure that:
(1) the name of each voter appears in the computerized list;
(2) only voters who are not eligible to vote are removed from the computerized list; and
(3) duplicate names of an individual voter are eliminated from the computerized list.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.97.

IC 3-7-26.3-15 Security of list; multi-factor authentication; county point of

contact for cybersecurity issues
Sec. 15. (a) As required under 52 U.S.C. 21083, the election division and each county
voter registration office shall provide adequate technological security measures to prevent
unauthorized access to the computerized list.
(b) The computerized list must employ two-factor authentication methods to restrict
access to the computerized list.
(c) A person may not access the computerized list without using a multi-factor
authentication method approved by the secretary of state and the co-directors of the election
division.

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 (d) The county voter registration officer shall file a statement with the election division
setting forth the name and contact information of at least one (1) individual who is to serve
as a point of contact for the state to communicate with the county regarding cybersecurity
issues.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.98; P.L.157-2019,
SEC.4.

IC 3-7-26.3-16 Accuracy of list; updates

Sec. 16. As required under 52 U.S.C. 21083, the election division and each county voter
registration office shall ensure that voter registration records are accurate and updated
regularly.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.99.

IC 3-7-26.3-17 Removal of inactive voters from list

Sec. 17. As required under 52 U.S.C. 21083, the election division and each county voter
registration office shall perform the list maintenance required under NVRA to ensure that
inactive voters described in section 11(3) of this chapter and 52 U.S.C. 20507(d)(1)(B) are
removed from the official list of eligible voters.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.100.

IC 3-7-26.3-18 Verification of information with bureau of motor vehicles;

agreement to implement
Sec. 18. As required under 52 U.S.C. 21083, the secretary of state, the co-directors of the
election division, and the bureau of motor vehicles commission shall enter into an agreement
to match information in the computerized list data base with information in the data base of
the bureau of motor vehicles commission to enable the election division (acting on behalf of
the secretary of state) and the commission to verify the accuracy of the information provided
on voter registration applications.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.101.

IC 3-7-26.3-19 Agreement between bureau of motor vehicles and Social

Security Administration; information to be verified
Sec. 19. (a) As required under 52 U.S.C. 21083, the bureau of motor vehicles commission
shall enter into an agreement with the Commissioner of Social Security under 42 U.S.C.
405(r)(8)(A) to verify information set forth on voter registration applications.
(b) The following information is subject to verification under this section:
(1) Whether the name (including the first name and any family forename or surname),
date of birth (including month, day, and year), and Social Security number of an
individual provided to the Commissioner of Social Security match the information
contained in the Commissioner's records.
(2) Whether the individual is shown in the records of the Commissioner of Social
Security as deceased.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.102.

IC 3-7-26.3-20 Requirements for agreement

Sec. 20. As required by 52 U.S.C. 21083, the agreement under section 19 of this chapter
must include:
(1) safeguards to assure the maintenance of the confidentiality of any information
disclosed to the bureau;
(2) procedures to permit the bureau to use the information to maintain the bureau's
records; and
(3) procedures to permit the election division to coordinate the records of the
computerized list established under this chapter with the bureau's data base as provided

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 by section 6 of this chapter.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.103.

IC 3-7-26.3-21 Confidentiality of information; permissible uses of information

Sec. 21. As provided by 52 U.S.C. 21083, the information provided by the Commissioner
of Social Security or by an individual to the bureau of motor vehicles is confidential. The
information may be used only for the purposes described under 52 U.S.C. 21083 and sections
19 and 20 of this chapter.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.104.

IC 3-7-26.3-22 List requirement; voter information

Sec. 22. The computerized list must contain at least the following information for each
voter:
(1) The voter's voting history for at least the previous ten (10) years, if available,
including the political party ballot requested by the voter at any primary election during
the period.
(2) The source of the voter's registration application.
(3) A listing of all previous addresses at which the voter was registered to vote during
at least the previous ten (10) years, if available.
(4) Information concerning the documentation submitted by the voter to comply with
the requirements of HAVA.
(5) Documentation of all changes to the registration made by the voter.
(6) Documentation concerning all notices sent to the voter by the county voter
registration office.
As added by P.L.14-2004, SEC.29.

IC 3-7-26.3-23 List requirement; absentee ballot management features;

format of list
Sec. 23. (a) The computerized list must include absentee ballot management features that
do the following:
(1) Manage absentee ballots based on the type, eligibility, and status of the absentee
voter.
(2) Permit the printing of absentee labels by group or date, or by individual for use by
a voter voting in person at the county election board office.
(3) Permit the documentation of the date on which each absentee ballot is issued and
returned.
(4) Permit the printing of absentee ballot applications with voter registration
information for the absentee ballot applicant.
(b) The computerized list:
(1) must require that a report containing information concerning absentee applications
and voting by specified individuals be generated in CSV format with dashes; and
(2) may provide for reports described in subdivision (1) to be generated in other
formats.
As added by P.L.14-2004, SEC.30. Amended by P.L.278-2019, SEC.12.

IC 3-7-26.3-24 List requirement; clerk transmittals to election division

Sec. 24. The computerized list must permit a circuit court clerk to transmit reports or
statements to the election division under IC 3-6-5, this article, IC 3-8-3, or IC 3-12-5.
As added by P.L.14-2004, SEC.31. Amended by P.L.81-2005, SEC.12.

IC 3-7-26.3-25 List requirement; election and poll worker management

features
Sec. 25. The computerized list must include election and poll worker management

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features such as whether poll workers served only part of an election day.
As added by P.L.14-2004, SEC.32.

IC 3-7-26.3-26 List requirement; disaster recovery plan

Sec. 26. The computerized list must provide fully synchronized backup and recovery with
a well defined disaster recovery plan.
As added by P.L.14-2004, SEC.33.

IC 3-7-26.3-27 List requirement; signature digitizing features

Sec. 27. The computerized list must include signature digitizing features that have the
ability to accept and maintain a scanned image of the voter's signature.
As added by P.L.14-2004, SEC.34.

IC 3-7-26.3-28 List requirement; street file management features

Sec. 28. The computerized list must include street file management features that do the
following:
(1) Include an integral street file with automatic assignment to election districts and
jurisdictions based on residence address location.
(2) Permit changing street names throughout a county or for specific areas within a
county.
(3) Permit interfacing with geographic information systems.
(4) Permit comprehensive changes to reflect changes in legislative district or precinct
boundary lines.
(5) Permit the accommodation of multiple place names within a single ZIP code area.
(6) Permit the tracking and management of data concerning polling place locations.
As added by P.L.14-2004, SEC.35.

IC 3-7-26.3-29 Required list voter registration management features;

restriction of access to certain information
Sec. 29. (a) The computerized list must include voter registration management features
that do the following:
(1) Automatically assign voter identification numbers in accordance with this title.
(2) Calculate the number of registered voters by precinct or any election district.
(3) Permit expedited web based inquiries concerning polling place locations.
(4) Track and report all voter list maintenance transactions performed within the
system.
(5) Permit tracking regarding the political party ballot requested by voters voting in a
primary.
(6) Generate a variety of reports on paper or disc format, such as walking lists, call
lists, lists of voters by precinct, lists of voters by name, date of birth, or date of
registration, and lists of voters by other household data.
(7) Identify voters who are currently less than eighteen (18) years of age.
(8) Permit electronic processing of voter registration information received as files from
other state and federal agencies.
(9) Provide flexible query functions for management and statistical reports, including
the ability of the secretary of state or a co-director of the election division to view
individual voter registration records.
(10) Contain full audit controls and management reports to track and manage the work
of county voter registration office employees, including the ability of the secretary of
state or the co-directors of the election division to determine whether a county voter
registration office is performing voter list maintenance functions in the manner required
by IC 3-7.
(b) The reports and lists generated under subsection (a)(6) and (a)(7) may not contain any

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information described by IC 3-7-26.4-8(c), except when provided to a person who:
(1) is entitled to a complete compilation of the voter registration information; and
(2) has paid the annual fee required under IC 3-7-26.4 for the current calendar year.
As added by P.L.14-2004, SEC.36. Amended by P.L.258-2013, SEC.36.

IC 3-7-26.3-30 List requirement; help desk support feature

Sec. 30. The computerized list must include a help desk support feature, staffed by
individuals who can provide assistance to county voter registration offices regarding the
proper operation of the system.
As added by P.L.14-2004, SEC.37.

IC 3-7-26.3-31 List requirement; other features

Sec. 31. The computerized list must include features permitting the secretary of state or
a co-director of the election division to include other features determined by the secretary of
state and the co-directors of the election division.
As added by P.L.14-2004, SEC.38.

IC 3-7-26.3-32 List requirement; features for county with county voter

registration office
Sec. 32. (a) This section applies to a county with a county voter registration office
described in IC 3-5-2-16.2(1) or IC 3-5-2-16.2(2).
(b) The computerized list must permit a county election board to view data concerning
voters of the county in order to do the following:
(1) Administer absentee balloting.
(2) Determine whether an individual who wishes to file as a candidate is a voter of the
county.
As added by P.L.14-2004, SEC.39.

IC 3-7-26.3-33 Receipt of vote history and other information from electronic

pollbooks; downloading images onto electronic pollbooks;
other capabilities
Sec. 33. (a) The computerized list must have the capacity to receive vote history and other
information from an electronic poll book certified by the secretary of state under
IC 3-11-18.1-12. This information must be able to be uploaded into the computerized list on
each day after absentee voting concludes in the circuit court clerk's office, a satellite office,
or a vote center, and after election day.
(b) The computerized list must have the capacity to transmit electronic images of the
signature of a voter taken from:
(1) the voter's registration application; or
(2) a more recent signature of a voter from an absentee application, poll list electronic
poll book, or registration document;
if available, to be downloaded in connection with a voter's record on any electronic poll book
certified by the secretary of state under IC 3-11-18.1-12.
(c) The computerized list must have the capacity to receive the uploading of voter
registration signatures from electronic poll books and assign each signature to the record of
the corresponding voter.
As added by P.L.258-2013, SEC.37. Amended by P.L.169-2015, SEC.27.

IC 3-7-26.3-34 Providing information to the Voting Information Project

Sec. 34. The secretary of state and the co-directors of the election division shall provide
the information regarding:
(1) the location of polling places and vote center locations; and
(2) the:

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 (A) names of candidates who; and
(B) public questions that;
will appear on ballots in an election;
necessary for Indiana to participate in the Voting Information Project sponsored by
Democracy Works, Inc.
As added by P.L.169-2015, SEC.28. Amended by P.L.216-2015, SEC.3; P.L.278-2019,
SEC.13.

IC 3-7-26.3-35 Computerized list; proficiency standards for individuals to

access
Sec. 35. (a) The secretary of state shall issue an order establishing proficiency standards
for an individual employed by or acting under the authorization of a county voter registration
office, a circuit court clerk, a county election board, or a board of elections and registration
to be qualified to access the computerized list.
(b) An individual described in subsection (a) must have demonstrated to the satisfaction
of the secretary of state and the election division that the individual has been sufficiently
trained and demonstrated the individual's ability to properly access the system and comply
with all applicable laws governing the operation of the list in order for the individual to
access the computerized list.
(c) The county voter registration office, circuit court clerk, county election board, or
board of elections and registration may revoke the authorization granted by the office, clerk,
or board under subsection (b) for good cause, and shall file a report of the revocation with
the secretary of state and the election division not later than seven (7) days after the
revocation is effective.
As added by P.L.71-2019, SEC.7. Amended by P.L.135-2020, SEC.2.

IC 3-7-26.3-36 Voter transfer of registration from one county to another

county; entry of information that voter voted in county of
previous registration
Sec. 36. (a) This section applies when a voter transfers the voter's registration from one
(1) Indiana county to another Indiana county after an election but before the county voter
registration official adds to the voter's registration record the information that the voter voted
in an election under IC 3-10-1-31.2.
(b) The computerized list must allow the county voter registration official of the county
where the voter voted in the election immediately before the voter transferred the voter's
registration to the other Indiana county to add to the voter's registration record that the voter
voted in the election even if the voter's registration is canceled in the county.
As added by P.L.193-2021, SEC.10.

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IC 3-7-26.4 Chapter 26.4. Statewide Voter Registration Information

3-7-26.4-1 Application of chapter

3-7-26.4-2 Provision of part of compilation of list; conditions
3-7-26.4-3 Provision of information to individual voter
3-7-26.4-4 Providing list information to other entities
3-7-26.4-5 Parts and reports from list other than lists of registered voters
3-7-26.4-6 Provision of complete list; entities permitted to receive
3-7-26.4-7 Notification of availability of compilation
3-7-26.4-8 Information regarding individual voter; redaction of information
3-7-26.4-9 Request for information from list; execution of agreement
3-7-26.4-10 Form of agreement; requirements
3-7-26.4-11 Publication of information from list in news report
3-7-26.4-12 Charge for obtaining complete compilation of list; updates of information;
expiration of subscription
3-7-26.4-13 No charge for information provided from list to chief justice or voter

IC 3-7-26.4-1 Application of chapter

Sec. 1. This chapter applies to the computerized list established under IC 3-7-26.3.
As added by P.L.81-2005, SEC.13. Amended by P.L.164-2006, SEC.14.

IC 3-7-26.4-2 Provision of part of compilation of list; conditions

Sec. 2. The election division may not provide any part of the compilation of the voter
registration information contained in the computerized list except:
(1) as provided in IC 3-7-26.3 or this chapter;
(2) to perform voter list maintenance duties required by 52 U.S.C. 21083; or
(3) to redact voter registration information declared confidential under a court order or
IC 5-26.5-2.
As added by P.L.81-2005, SEC.13. Amended by P.L.128-2015, SEC.105.

IC 3-7-26.4-3 Provision of information to individual voter

Sec. 3. The election division shall provide information from the computerized list to an
individual to permit the individual to confirm the voter registration status of the individual
and the location of the polling place for the individual’s precinct.
As added by P.L.81-2005, SEC.13.

IC 3-7-26.4-4 Providing list information to other entities

Sec. 4. (a) The election division may provide parts and reports from the voter registration
information from the computerized list for the purposes specified under IC 3-7-26.3-29.
(b) Except as otherwise provided in this section, the parts and reports provided under this
section may not include information described under section 8 of this chapter.
(c) The parts and reports may contain the information described in section 8 of this
chapter if:
(1) the part or report is to be provided to an entity that:
(A) is described in section 6 of this chapter; and
(B) has previously submitted an application to the election division and paid any
required fee to obtain the complete compilation; or
(2) the part or report is a purely statistical compilation that:
(A) includes the information described in section 8 of this chapter; and
(B) does not include any information:
(i) concerning an individual voter; or
(ii) that would permit the identification of an individual voter as a result of
providing the compilation.
(d) The parts and reports provided under this section may not include the complete Social
Security number of any individual.

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 (e) The election division may provide the registration information described in section 8
of this chapter, including an individual's voting history, as follows:
(1) To states and local governments in states that are implementing any voter list
maintenance program described in IC 3-7-38.2-5, including a program implemented
with information obtained from another state under IC 3-7-38.2-5.5.
(2) Upon written request, to law enforcement officials conducting an investigation. The
election division shall determine the confidence factor score, according to
IC 3-7-38.2-5.5(c)(2), of the voter registration information being provided to the law
enforcement official and do the following:
(A) If the confidence score is seventy-five (75) points or more, provide the
registration information and a statement regarding the score. The statement must
state that the election division is not making a determination that the information is
about the same individual the law enforcement official is inquiring about.
(B) If the confidence score is below seventy-five (75) points, provide the registration
information and a statement regarding the low confidence score. The statement must
state that the election division is not making a determination that the information is
about the same individual the law enforcement official is inquiring about.
As added by P.L.81-2005, SEC.13. Amended by P.L.225-2011, SEC.13; P.L.169-2015,
SEC.29; P.L.157-2019, SEC.5; P.L.141-2020, SEC.4; P.L.193-2021, SEC.11.

IC 3-7-26.4-5 Parts and reports from list other than lists of registered voters
Sec. 5. The election division may provide parts and reports from the computerized list
concerning information other than lists of registered voters.
As added by P.L.81-2005, SEC.13.

IC 3-7-26.4-6 Provision of complete list; entities permitted to receive

Sec. 6. Upon request, and not later than five (5) days after the request is filed with the
election division, the election division shall provide a complete compilation of the voter
registration information contained in the computerized list, including any format information
or other information necessary to decode the data, to any of the following entities:
(1) The state committee of a major political party.
(2) The state organization of a bona fide political party that is not a major political
party if the party has at least two (2) candidates on the ballot in the next election.
(3) The committee of an independent candidate for federal or state office if the
candidate is on the ballot in the next general election.
(4) A member of the media for publication in a news broadcast or newspaper.
(5) The chief justice of the supreme court, for purposes of state administration of a jury
management system.
(6) The clerk of the:
(A) United States District Court for the Northern District of Indiana; and
(B) United States District Court for the Southern District of Indiana;
for purposes of administration of a jury management system.
(7) Each of the following:
(A) The speaker of the house of representatives.
(B) The minority leader of the house of representatives.
(C) The president pro tempore of the senate.
(D) The minority leader of the senate.
As added by P.L.81-2005, SEC.13. Amended by P.L.64-2014, SEC.8.

IC 3-7-26.4-7 Notification of availability of compilation

Sec. 7. The election division shall promptly notify a person described in section 6 of this
chapter when the compilation requested by the person is available.
As added by P.L.81-2005, SEC.13.

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IC 3-7-26.4-8 Information regarding individual voter; redaction of
information
Sec. 8. (a) This section applies to a person other than a registered voter requesting
information about the registered voter.
(b) After a person files a request with the election division for voter registration
information compiled under this chapter, the election division shall provide a compilation of
the information from the computerized list to the person, redacting the information described
in subsection (c).
(c) The election division shall not provide information under this section concerning any
of the following information concerning a voter:
(1) Date of birth.
(2) Gender.
(3) Telephone number or electronic mail address.
(4) Voting history.
(5) A voter identification number or another unique field established to identify a voter.
(6) The date of registration of the voter.
As added by P.L.81-2005, SEC.13.

IC 3-7-26.4-9 Request for information from list; execution of agreement

Sec. 9. A person who files a request for a compilation of the information contained in the
computerized list with the election division under this chapter must execute an agreement
with the election division on a form prescribed under IC 3-5-4-8.
As added by P.L.81-2005, SEC.13.

IC 3-7-26.4-10 Form of agreement; requirements

Sec. 10. The form described by section 9 of this chapter must state that the person
receiving a compilation of information under this chapter may not:
(1) use the compilation to solicit for the sale of merchandise, goods, services, or
subscriptions; or
(2) sell, loan, give away, or otherwise deliver the information obtained by the request
to any other person (as defined in IC 5-14-3-2);
for a purpose other than political activities or political fundraising activities.
As added by P.L.81-2005, SEC.13.

IC 3-7-26.4-11 Publication of information from list in news report

Sec. 11. The publication of information obtained under this chapter in a news broadcast
or newspaper is not prohibited by this chapter.
As added by P.L.81-2005, SEC.13.

IC 3-7-26.4-12 Charge for obtaining complete compilation of list; updates of

information; expiration of subscription
Sec. 12. (a) This section does not apply to the chief justice of the supreme court, the clerk
of the United States District Court for the Northern District of Indiana, the clerk of the United
States District Court for the Southern District of Indiana, or to a person described by section
8 of this chapter.
(b) Notwithstanding IC 5-14-3-8, the election division shall charge each person described
by section 6 of this chapter an annual subscription fee of five thousand dollars ($5,000) to
receive the following:
(1) A complete compilation of the voter registration information contained in the
computerized list.
(2) Updates of the voter registration information made during the year covered by the
fee.
(c) A subscription to the statewide voter registration system information expires on the

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first January 1 following the payment of the subscription fee.
As added by P.L.81-2005, SEC.13. Amended by P.L.164-2006, SEC.15; P.L.258-2013,
SEC.38; P.L.64-2014, SEC.9.

IC 3-7-26.4-13 No charge for information provided from list to chief justice or

voter
Sec. 13. (a) This section applies to the following:
(1) A registered voter requesting information about the registered voter.
(2) The chief justice of the supreme court who receives a complete compilation of voter
registration information for the purpose described in section 6 of this chapter.
(b) The election division may not a charge a fee to a person who receives a compilation
under this section.
As added by P.L.81-2005, SEC.13.

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IC 3-7-26.7 Chapter 26.7. Online Voter Registration

3-7-26.7-1 Application
3-7-26.7-2 "Applicant"
3-7-26.7-3 "Bureau"
3-7-26.7-4 Submission of voter registration application
3-7-26.7-5 Establishment of secure web site; requirements for web site
3-7-26.7-6 Processing Internet application; bureau's duties
3-7-26.7-7 Application of article to Internet applications

IC 3-7-26.7-1 Application
Sec. 1. This chapter applies to an individual who:
(1) is eligible to register to vote under IC 3-7-13; and
(2) possesses a current and valid:
(A) Indiana driver's license issued under IC 9-24; or
(B) Indiana identification card for nondrivers issued under IC 9-24-16.
As added by P.L.120-2009, SEC.3.

IC 3-7-26.7-2 "Applicant"
Sec. 2. As used in this chapter, "applicant" means an individual who submits an
application as provided in this chapter.
As added by P.L.120-2009, SEC.3.

IC 3-7-26.7-3 "Bureau"
Sec. 3. As used in this chapter, "bureau" refers to the bureau of motor vehicles created by
IC 9-14-7-1.
As added by P.L.120-2009, SEC.3. Amended by P.L.198-2016, SEC.3.

IC 3-7-26.7-4 Submission of voter registration application

Sec. 4. An individual described in section 1 of this chapter may submit a voter registration
application to a county voter registration office using the procedures set forth in this chapter.
As added by P.L.120-2009, SEC.3. Amended by P.L.278-2019, SEC.14.

IC 3-7-26.7-5 Establishment of secure web site; requirements for web site

Sec. 5. (a) The secretary of state, with the consent of the co-directors of the election
division, shall establish a secure Internet web site to permit individuals described in section
1 of this chapter to submit applications under this chapter.
(b) The secure web site established under subsection (a) must allow an individual
described in section 1 of this chapter to submit:
(1) an application:
(A) for registration as a first time voter in Indiana; or
(B) to change the individual's name, address, or other information set forth in the
individual's existing voter registration record; and
(2) information to establish that the applicant is eligible under section 1 of this chapter
to register online.
As added by P.L.120-2009, SEC.3.

IC 3-7-26.7-6 Processing Internet application; bureau's duties

Sec. 6. (a) When an applicant submits an application described in section 5(b)(1) of this
chapter by use of the secure Internet web site established under this chapter, the bureau shall
compare the information submitted by the applicant with the information maintained in the
bureau's data base listing individuals who possess a current and valid Indiana:
(1) driver's license; or
(2) identification card for nondrivers.

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 (b) If the bureau confirms that the applicant possesses a current and valid:
(1) Indiana driver's license issued under IC 9-24; or
(2) Indiana identification card for nondrivers issued under IC 9-24-16;
the completed application and information compiled by the bureau (including the digital
signature of the applicant) shall be submitted to the county voter registration office in the
county in which the applicant currently resides using the computerized statewide voter
registration list maintained under IC 3-7-26.3.
(c) If the bureau is unable to confirm that the applicant possesses a current and valid:
(1) Indiana driver's license issued under IC 9-24; or
(2) Indiana identification card for nondrivers issued under IC 9-24-16;
the Internet web site must display a message advising the applicant to review and correct all
errors, and that there was an error validating the driver's license or identification card entered
by the applicant. The Internet web site may not permit the applicant to continue the
registration process unless the bureau is able to confirm that the number entered belongs to
an individual.
As added by P.L.120-2009, SEC.3. Amended by P.L.64-2014, SEC.10.

IC 3-7-26.7-7 Application of article to Internet applications

Sec. 7. Except as otherwise provided in this chapter, the county voter registration office
shall process the application under this article.
As added by P.L.120-2009, SEC.3. Amended by P.L.1-2010, SEC.2.

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IC 3-7-27 Chapter 27. County Voter Registration; Offices and Records
Generally

3-7-27-1 Registration record; affidavits and forms

3-7-27-2 Custody of property
3-7-27-3 Offices
3-7-27-4 Record keeping; methods
3-7-27-5 Records unfit to be used
3-7-27-6 Ensuring accuracy; implementation of programs; records; computerized
registration information; fees; use of information
3-7-27-7 Active voter; determination
3-7-27-8 Repealed
3-7-27-9 Repealed
3-7-27-10 Repealed
3-7-27-11 Repealed
3-7-27-12 Availability of information
3-7-27-13 Repealed
3-7-27-14 Repealed
3-7-27-15 Storage of affidavits or forms
3-7-27-16 Repealed
3-7-27-17 Registration records from municipal elections
3-7-27-18 Cancellation; entry into record
3-7-27-19 Cancellation; disposal of affidavit or form
3-7-27-20 Repealed
3-7-27-20.1 Computerized systems; entry of information
3-7-27-20.2 Computerized system identifying documentation for voter submitting
registration application by mail
3-7-27-21 Repealed
3-7-27-21.1 Duplicate paper copies of registration information not required
3-7-27-22 Maintenance of registration affidavits
3-7-27-23 Repealed

IC 3-7-27-1 Registration record; affidavits and forms

Sec. 1. The registration affidavits or forms of each precinct are the registration record of
all voters residing in and entitled to vote in the precinct. The registration record shall be
compiled, amended, supplemented, and preserved as prescribed by this article.
As added by P.L.12-1995, SEC.37.

IC 3-7-27-2 Custody of property

Sec. 2. Each board of registration has custody of all registration facilities, equipment,
supplies, forms, records (including the records of registered voters of the county), registration
affidavits, and other property used in connection with the registration of voters of the county.
As added by P.L.12-1995, SEC.37.

IC 3-7-27-3 Offices
Sec. 3. The county executive shall provide each board of registration with suitable offices.
The offices must be:
(1) located in the county courthouse or in a building easily accessible to the courthouse;
(2) easily accessible to the public; and
(3) adequate to meet the needs of the board.
As added by P.L.12-1995, SEC.37.

IC 3-7-27-4 Record keeping; methods

Sec. 4. A circuit court clerk or board of registration may:
(1) keep records by using electronic data processing equipment; and
(2) enter into contracts for this purpose.
As added by P.L.12-1995, SEC.37.

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IC 3-7-27-5 Records unfit to be used
Sec. 5. If the registration records of a precinct are destroyed, mutilated, inaccessible, or
for any other reasonable cause, unfit to be used, as determined by the county election board
of the county in which the precinct is located, the circuit court clerk or board of registration
shall conduct a registration of all voters residing in the precinct. Each voter who is a resident
of the precinct must register as provided in this article.
As added by P.L.12-1995, SEC.37.

IC 3-7-27-6 Ensuring accuracy; implementation of programs; records;

computerized registration information; fees; use of information
Sec. 6. (a) As required under 52 U.S.C. 20507(i), a county voter registration office shall
retain records concerning the implementation of programs and activities conducted for the
purpose of ensuring the accuracy and currency of the voter registration list. These records
include the following:
(1) Lists of names and addresses of voters who were sent notices under the voter list
maintenance program.
(2) Information concerning whether a voter has responded to a notice described by
subdivision (1) as of the date the inspection of the record is made.
(b) The county voter registration office shall retain the records described by this section
for at least two (2) years. Except for records concerning declinations to register to vote or
that indicate the identity of a voter registration agency where a person registered, the county
voter registration office shall make the records available for public inspection and
photocopying at a reasonable cost as provided in IC 5-14-3.
(c) In accordance with IC 5-14-3-3(h) and notwithstanding any other statute, a county
voter registration office shall, with regard to voter registration information concerning voters
of the county on a computerized system, act in accordance with a nondiscriminatory uniform
policy adopted by the county election board. The policy must either permit a person to
duplicate or obtain a duplicate copy of a computer disc or other similar record system that
contains this voter registration information or not permit the person to duplicate or obtain a
duplicate copy of the information. Notwithstanding IC 5-14-3-8, the county election board
may adopt a nondiscriminatory uniform fee for the production of this electronic record.
(d) A person who requests computerized voter registration information under subsection
(c) must provide a written statement that the person will not:
(1) use the information to solicit merchandise, goods, services, or subscriptions; or
(2) sell, loan, give away, or otherwise deliver the information obtained by the request
to any other person;
for a purpose other than political activities or political fundraising activities.
(e) Publication of information obtained under subsection (d) in a news broadcast or
newspaper is not prohibited.
As added by P.L.12-1995, SEC.37. Amended by P.L.3-1997, SEC.82; P.L.209-2003,
SEC.36; P.L.225-2011, SEC.14; P.L.258-2013, SEC.39; P.L.128-2015, SEC.106.

IC 3-7-27-7 Active voter; determination

Sec. 7. The voter registration records must indicate whether a person is an active voter.
The circuit court clerk or board of registration is not required to compile separate lists of
active and inactive voters.
As added by P.L.12-1995, SEC.37.

IC 3-7-27-8 Repealed
As added by P.L.12-1995, SEC.37. Amended by P.L.2-1997, SEC.7; P.L.66-2003, SEC.6.
Repealed by P.L.258-2013, SEC.40.

IC 3-7-27-9 Repealed

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As added by P.L.12-1995, SEC.37. Repealed by P.L.258-2013, SEC.41.

IC 3-7-27-10 Repealed
As added by P.L.12-1995, SEC.37. Repealed by P.L.258-2013, SEC.42.

IC 3-7-27-11 Repealed
As added by P.L.12-1995, SEC.37. Repealed by P.L.3-1997, SEC.475.

IC 3-7-27-12 Availability of information

Sec. 12. Except for information declared confidential under this article, the affidavits or
forms must be available at reasonable times during regular office hours for inspection,
transcription, and duplication, including photocopy duplication and microfilming, as
provided in IC 5-14-3.
As added by P.L.12-1995, SEC.37.

IC 3-7-27-13 Repealed
As added by P.L.12-1995, SEC.37. Amended by P.L.3-1995, SEC.35. Repealed by
P.L.3-1997, SEC.475.

IC 3-7-27-14 Repealed
As added by P.L.12-1995, SEC.37. Amended by P.L.3-1995, SEC.36. Repealed by
P.L.3-1997, SEC.475.

IC 3-7-27-15 Storage of affidavits or forms

Sec. 15. (a) This section does not apply to a county acting in accordance with section 21.1
or 22 of this chapter.
(b) The county voter registration office shall keep all original affidavits or forms of
registration securely arranged and maintained in the office.
As added by P.L.12-1995, SEC.37. Amended by P.L.3-1995, SEC.37; P.L.3-1997, SEC.83;
P.L.164-2006, SEC.16; P.L.219-2013, SEC.8; P.L.157-2019, SEC.6.

IC 3-7-27-16 Repealed
As added by P.L.12-1995, SEC.37. Amended by P.L.3-1997, SEC.84. Repealed by
P.L.219-2013, SEC.9.

IC 3-7-27-17 Registration records from municipal elections

Sec. 17. The registration record used at any municipal primary or municipal election is
that part of the registration record of the county in which the municipality is located.
As added by P.L.12-1995, SEC.37.

IC 3-7-27-18 Cancellation; entry into record

Sec. 18. When a registration is canceled for any reason prescribed in this chapter, the
circuit court clerk or board of registration shall have a proper entry made on the voter
registration record indicating the date and the cause for cancellation. The person who
canceled the affidavits or forms shall also sign the affidavits or forms.
As added by P.L.12-1995, SEC.37.

IC 3-7-27-19 Cancellation; disposal of affidavit or form

Sec. 19. The original canceled affidavit or form shall be filed and preserved in the office
of the clerk or board for the period required by this article and then transferred to the county
commission of public records for disposal under IC 5-15-6-7.
As added by P.L.12-1995, SEC.37.

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IC 3-7-27-20 Repealed
As added by P.L.3-1995, SEC.38. Amended by P.L.3-1997, SEC.85; P.L.209-2003, SEC.37;
P.L.14-2004, SEC.40. Repealed by P.L.164-2006, SEC.143.

IC 3-7-27-20.1 Computerized systems; entry of information

Sec. 20.1. (a) The county voter registration office shall prepare an entry in the
computerized system that accurately reflects the information set forth in the original affidavit
of registration. However, the county voter registration office is required to enter a voter's
voting history for the previous ten (10) years only if that history is available.
(b) The county voter registration office is not required to prepare a duplicate paper copy
of a registration properly entered into the computerized system.
As added by P.L.209-2003, SEC.38. Amended by P.L.164-2006, SEC.17.

IC 3-7-27-20.2 Computerized system identifying documentation for voter

submitting registration application by mail
Sec. 20.2. (a) The county voter registration office shall prepare an entry in the
computerized system indicating:
(1) whether the applicant was required to provide documentation under IC 3-7-33-4.5;
and
(2) if so, whether the required documentation has been provided.
(b) If the documentation required under IC 3-7-33-4.5 has been provided, the entry must
include the following:
(1) The date the documentation was filed with the county voter registration office.
(2) Whether the documentation was filed with the county voter registration office by:
(A) a precinct election board after the person voted in person at the polling place;
(B) the county election board after the person applied to cast an absentee ballot; or
(C) the applicant as part of the original filing of the application to register to vote,
or in a subsequent filing received by the county voter registration office.
(3) A brief description of the type of documentation provided.
The election division shall provide each county voter registration office with a suggested
coding system for identifying the types of documentation.
As added by P.L.14-2004, SEC.41. Amended by P.L.164-2006, SEC.18.

IC 3-7-27-21 Repealed
As added by P.L.3-1995, SEC.39. Amended by P.L.209-2003, SEC.39. Repealed by
P.L.164-2006, SEC.143.

IC 3-7-27-21.1 Duplicate paper copies of registration information not required

Sec. 21.1. (a) The county voter registration office is not required to maintain duplicate
paper copies of original registrations.
(b) Notwithstanding IC 5-15, a county voter registration office may dispose of duplicate
paper copies of original registrations made before January 1, 2006, by destroying the
duplicate paper copies.
As added by P.L.209-2003, SEC.40. Amended by P.L.164-2006, SEC.19.

IC 3-7-27-22 Maintenance of registration affidavits

Sec. 22. The county voter registration office may maintain the original affidavits of
registration in a secure location outside the county voter registration office.
As added by P.L.3-1995, SEC.40. Amended by P.L.209-2003, SEC.41; P.L.164-2006,
SEC.20.

IC 3-7-27-23 Repealed
As added by P.L.176-1999, SEC.24. Amended by P.L.209-2003, SEC.42. Repealed by

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P.L.164-2006, SEC.143.

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IC 3-7-28 Chapter 28. County Voter Registration; Providing Records to
Candidates and Parties

3-7-28-1 Provision of information to county chairmen, candidates

3-7-28-2 Forwarding report of information upon request
3-7-28-3 Forwarding reports upon request; confidential information
3-7-28-4 List furnished to county chairmen of major political parties
3-7-28-5 List furnished upon request
3-7-28-6 Bona fide political parties; procedures to qualify
3-7-28-7 Lists; additional copies
3-7-28-8 Voters receiving voter list maintenance notices; list furnished upon request
3-7-28-9 Master list showing cancellation of registration
3-7-28-10 Master list showing cancellation of registration; furnishing copies
3-7-28-11 Master list showing cancellation of registration; time requirements
3-7-28-12 Deceased persons; notice
3-7-28-13 Disfranchised persons; notice
3-7-28-14 Lists of canceled registrations; provision to county chairmen

IC 3-7-28-1 Provision of information to county chairmen, candidates

Sec. 1. The county voter registration office shall provide voter registration information
to certain county chairmen and candidates as provided in this chapter.
As added by P.L.12-1995, SEC.38. Amended by P.L.258-2013, SEC.43.

IC 3-7-28-2 Forwarding report of information upon request

Sec. 2. (a) This section does not apply to confidential information included on a voter
registration application.
(b) A report containing information regarding all registration applications executed under
this article during that part of a registration period ending sixty-five (65) days before a
primary, general, or municipal election shall be forwarded not later than sixty (60) days
before the election to the following upon request:
(1) Each of the county chairmen of the major political parties of the county.
(2) The chairman of the following:
(A) A bona fide political party that has at least one (1) candidate on the ballot of the
election.
(B) An independent candidate's committee if the candidate is on the ballot at the
election.
As added by P.L.12-1995, SEC.38. Amended by P.L.258-2013, SEC.44.

IC 3-7-28-3 Forwarding reports upon request; confidential information

Sec. 3. (a) This section does not apply to confidential information included on a voter
registration application.
(b) A report containing information regarding all registration applications executed under
this article during that part of a registration period beginning sixty-five (65) days before a
primary, general, or municipal election and ending twenty-nine (29) days before the election
shall be forwarded daily and within forty-eight (48) hours of the date on which the report was
originally made to the following upon request:
(1) Each of the county chairmen of the major political parties of the county.
(2) The chairman of the following:
(A) A bona fide political party that has at least one (1) candidate on the ballot of the
election.
(B) An independent candidate's committee if the candidate is on the ballot at the
election.
As added by P.L.12-1995, SEC.38. Amended by P.L.258-2013, SEC.45.

IC 3-7-28-4 List furnished to county chairmen of major political parties

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 Sec. 4. After the county election board receives a written request from the county
chairman of a major political party, one (1) copy of the registered voter list prepared for the
inspector of each precinct under IC 3-7-29-1 shall be furnished to the county chairman
making the request. The copy shall be furnished to the county chairman as soon as the lists
are prepared.
As added by P.L.12-1995, SEC.38. Amended by P.L.3-1997, SEC.86.

IC 3-7-28-5 List furnished upon request

Sec. 5. Upon written request and as soon as the list required by section 4 of this chapter
is prepared, a copy of the list shall be furnished to the following:
(1) The county chairman of any political party that has at least one (1) candidate on the
ballot in the next election.
(2) The committee of a candidate whose name will appear on the ballot in the next
election.
(3) The county chairman of any other bona fide political party.
As added by P.L.12-1995, SEC.38. Amended by P.L.66-2003, SEC.7.

IC 3-7-28-6 Bona fide political parties; procedures to qualify

Sec. 6. To qualify as a bona fide political party under section 5 of this chapter, a political
party must file a certification with the clerk of the circuit court of the county that the political
party is a bona fide political party together with verifiable factual representations to support
the certification.
As added by P.L.12-1995, SEC.38.

IC 3-7-28-7 Lists; additional copies

Sec. 7. Notwithstanding IC 5-14-3-3(f), additional copies of the registration lists prepared
for the inspectors of each precinct shall be kept open to the public for inspection and copying
in the same manner as other public records under IC 5-14-3 at the office of the circuit court
clerk or board of registration as soon as the registration lists are completed.
As added by P.L.12-1995, SEC.38. Amended by P.L.261-2003, SEC.1.

IC 3-7-28-8 Voters receiving voter list maintenance notices; list furnished

upon request
Sec. 8. The circuit court clerk or board of registration shall send a list of voters who are
mailed voter list maintenance notices under this article to the following upon request:
(1) The county chairmen of the major political parties of the county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate's committee, if the independent candidate is on the
ballot for the next election to be conducted in the county.
As added by P.L.12-1995, SEC.38.

IC 3-7-28-9 Master list showing cancellation of registration

Sec. 9. The circuit court clerk or board of registration shall, following the mailing of voter
list maintenance notices under this article and the cancellation of a voter's registration under
this article, prepare a master list of precincts showing all persons whose registrations have
been canceled.
As added by P.L.12-1995, SEC.38.

IC 3-7-28-10 Master list showing cancellation of registration; furnishing

copies
Sec. 10. The circuit court clerk or board of registration shall furnish copies of the master
list, as described in section 9 of this chapter, to the following upon request:

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 (1) The county chairmen of the major political parties of the county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate's committee if the candidate is on the ballot for the
next general election to be conducted in the county.
As added by P.L.12-1995, SEC.38.

IC 3-7-28-11 Master list showing cancellation of registration; time

requirements
Sec. 11. The master list copies shall be prepared and furnished not later than fifteen (15)
days after a voter's registration has been canceled under the voter list maintenance program.
As added by P.L.12-1995, SEC.38.

IC 3-7-28-12 Deceased persons; notice

Sec. 12. (a) Each county voter registration office shall send a list of the deceased persons
whose registrations have been canceled to the following upon request:
(1) The county chairman of each major political party of the county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate's committee, if the candidate is on the ballot for the
next election to be conducted in the county.
(b) A request filed under this section may state that the list is to include only cancellations
made by the county voter registration office within a period specified in the request.
As added by P.L.12-1995, SEC.38. Amended by P.L.225-2011, SEC.15.

IC 3-7-28-13 Disfranchised persons; notice

Sec. 13. (a) Each county voter registration office shall send a list of disfranchised voters
whose registrations have been canceled to the following upon request:
(1) The county chairmen of the major political parties of the county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate's committee, if the candidate is on the ballot for the
next general election to be conducted in the county.
(b) A request filed under this section may state that the list is to include only cancellations
made by the county voter registration office within a period specified in the request.
As added by P.L.12-1995, SEC.38. Amended by P.L.225-2011, SEC.16.

IC 3-7-28-14 Lists of canceled registrations; provision to county chairmen

Sec. 14. (a) Each county voter registration office shall provide a list of the names and
addresses of all voters whose registrations have been canceled under this article to the
following upon request:
(1) The county chairmen of the major political parties of the county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate's committee participating in a primary, general, or
municipal election.
Upon request the county voter registration office shall report cancellations daily and within
forty-eight (48) hours after the day on which the cancellations were made, until election day.
(b) A request filed under this section may state that the list is to include only cancellations
made by the county voter registration office within a period specified in the request.
As added by P.L.12-1995, SEC.38. Amended by P.L.225-2011, SEC.17; P.L.219-2013,
SEC.10.

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IC 3-7-29 Chapter 29. County Voter Registration; Providing Records to
Precinct Inspectors

3-7-29-1 Applicability; list of registered voters; required information; false information

Level 6 felony
3-7-29-2 Applicability; use of list on election day by precinct election officers
3-7-29-3 Supplies; certified copies of voter registration record
3-7-29-4 Applicability; providing scanned copies of voter signatures to inspectors
3-7-29-5 Duties of inspector on election day
3-7-29-6 Electronic poll books; requirements for use; electronic signatures; download of
information

IC 3-7-29-1 Applicability; list of registered voters; required information;

false information Level 6 felony
Sec. 1. (a) Except as provided in subsection (f), this section does not apply to a county
that:
(1) has adopted an order under section 6(a)(1) of this chapter; or
(2) is a vote center county under IC 3-11-18.1.
(b) Not later than ten (10) days before the election at which the registration record is to
be used, the county voter registration office shall prepare certified copies of the list of
registered voters for each precinct in the county.
(c) The lists must contain the following information concerning each registered voter:
(1) The full name of the voter.
(2) The address of the voter.
(3) The assigned voter identification number.
(4) Whether the voter is required to provide additional identification before voting
either in person or by absentee ballot.
(5) The date of birth of the voter, including an indication whether the voter is less than
eighteen (18) years of age for a poll list used in a primary election.
(6) The scanned signature of the voter.
(7) Whether the voter is required to provide an affirmation of the voter's residence.
(8) A bar code that allows the county voter registration office to efficiently record
whether the voter has signed the poll list.
(9) For a poll list used in a primary election, a letter abbreviation of the name of the
major political party whose ballot the voter has requested.
(10) A space for a poll clerk to indicate when a voter has cast an absentee ballot.
(11) A space for a poll clerk to indicate when a voter has cast a provisional ballot.
(12) For a voter required to submit additional documentation required under
IC 3-7-33-4.5, a space for a poll clerk to insert letters serving as an abbreviation for the
type of documentation provided by the voter.
(d) The names shall be arranged in the same order as they are in the registration record
of the precinct.
(e) The poll list must also contain a statement at the top of each page indicating that an
individual who knowingly makes a false statement:
(1) by signing a poll list; or
(2) on a poll list concerning the individual's name, voter identification number, or
residence address;
commits a Level 6 felony as provided by IC 3-14-2-11.
(f) This subsection applies to a county that has adopted an order under section 6(a)(1) of
this chapter or is a vote center county under IC 3-11-18.1. The precinct election board shall
post in a location within the precinct or vote center a notice that:
(1) is clearly visible to an individual (or to an individual providing assistance under
IC 3-11-9) who is providing information to a precinct election officer using an
electronic poll book; and

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 (2) indicates that an individual commits a Level 6 felony under IC 3-14-2-11, if the
individual knowingly makes a false statement to a precinct election officer concerning:
(A) the individual's name;
(B) the individual's voter identification number; or
(C) the individual's residence address.
As added by P.L.12-1995, SEC.39. Amended by P.L.209-2003, SEC.43; P.L.81-2005,
SEC.14; P.L.271-2013, SEC.2; P.L.258-2013, SEC.46; P.L.64-2014, SEC.11; P.L.169-2015,
SEC.30.

IC 3-7-29-2 Applicability; use of list on election day by precinct election

officers
Sec. 2. (a) This section does not apply to a county that:
(1) has adopted an order under section 6(a)(1) of this chapter; or
(2) is a vote center county under IC 3-11-18.1.
(b) After the county election board receives a request from the county chairman of a
major political party, not more than two (2) copies of the list required by this chapter shall
be prepared and furnished to the inspector of the precinct for use at the polls on election day.
The inspector may provide a list furnished under this section to any other precinct officer.
As added by P.L.12-1995, SEC.39. Amended by P.L.3-1997, SEC.87; P.L.271-2013, SEC.3;
P.L.169-2015, SEC.31.

IC 3-7-29-3 Supplies; certified copies of voter registration record

Sec. 3. (a) This section does not apply to a county that:
(1) has adopted an order under section 6(a)(1) of this chapter; or
(2) is a vote center county under IC 3-11-18.1.
(b) When the inspector of a precinct procures the ballots and other election supplies for
an election, the inspector shall also procure from the county voter registration office the
certified copies of the registration record of the precinct with the information required under
section 1 of this chapter and other necessary registration supplies.
As added by P.L.12-1995, SEC.39. Amended by P.L.3-1995, SEC.41; P.L.209-2003,
SEC.44; P.L.164-2006, SEC.21; P.L.271-2013, SEC.4; P.L.258-2013, SEC.47;
P.L.169-2015, SEC.32.

IC 3-7-29-4 Applicability; providing scanned copies of voter signatures to

inspectors
Sec. 4. (a) This section does not apply to a county that:
(1) has adopted an order under section 6(a)(1) of this chapter; or
(2) is a vote center county under IC 3-11-18.1.
(b) The county voter registration office may also provide the inspector of each precinct
in the county with a scanned copy of the signature on the affidavit of registration (or a more
recent signature of the voter from an absentee application, poll list, or registration document)
of each voter of the precinct for the comparison of signatures under IC 3-10-1-24.6 or
IC 3-11-8-25.1.
As added by P.L.12-1995, SEC.39. Amended by P.L.209-2003, SEC.45; P.L.164-2006,
SEC.22; P.L.271-2013, SEC.5; P.L.64-2014, SEC.12; P.L.169-2015, SEC.33.

IC 3-7-29-5 Duties of inspector on election day

Sec. 5. The inspector shall have the record or copies and supplies at the polls on election
day. The inspector shall return the registration record or copies and supplies at the same time
when other election supplies and ballots are returned.
As added by P.L.12-1995, SEC.39.

IC 3-7-29-6 Electronic poll books; requirements for use; electronic

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 signatures; download of information
Sec. 6. (a) A county election board may adopt an order to provide an electronic poll book
to the inspector for use at the following:
(1) Polling places, an office of the circuit court clerk (under IC 3-11-10-26), at satellite
offices established under IC 3-11-10-26.3, and vote centers established under
IC 3-11-18.1-4. Electronic poll books shall be used at an election (rather than certified
poll lists prepared under this chapter) in all locations in which the election is to be
conducted.
(2) Only at an office of the circuit court clerk (under IC 3-11-10-26) and satellite
offices established under IC 3-11-10-26.3.
(b) An order adopted under subsection (a) must require the use of an electronic signature
(as defined in IC 26-2-8-102) to sign an electronic poll book at an election (rather than
requiring voters to sign certified poll lists prepared under this chapter) at each location that
an electronic poll book is used.
(c) The county voter registration office shall download the information required to be
available on an electronic poll book before the electronic poll list is delivered and installed
as required by IC 3-11-3-11(b).
(d) An electronic poll book used under an order adopted under subsection (a) must:
(1) comply with IC 3-11-8-10.3; and
(2) be approved by the secretary of state in accordance with the procedures set forth in
IC 3-11-18.1-12.
As added by P.L.271-2013, SEC.6. Amended by P.L.258-2013, SEC.48; P.L.64-2014,
SEC.13; P.L.169-2015, SEC.34.

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IC 3-7-30 Chapter 30. Voter Registration Record Confidentiality
Requirements and Use Restrictions

3-7-30-1 Records indicating identity of voter

3-7-30-2 Declination
3-7-30-3 Driver's license applicant
3-7-30-4 Uses and prohibitions of registration list
3-7-30-5 Prohibition of certain uses of information
3-7-30-6 Confidentiality of certain voter registration information

IC 3-7-30-1 Records indicating identity of voter

Sec. 1. As required under 52 U.S.C. 20507(a)(6), the records of the statewide voter
registration system or a county voter registration office indicating the identity of the voter
registration agency through which an individual registered are confidential.
As added by P.L.12-1995, SEC.40. Amended by P.L.209-2003, SEC.46; P.L.128-2015,
SEC.107.

IC 3-7-30-2 Declination
Sec. 2. As provided in 52 U.S.C. 20504(c), the fact that an applicant declined to register
at a license branch or at a voter registration agency is confidential.
As added by P.L.12-1995, SEC.40. Amended by P.L.14-2004, SEC.42; P.L.128-2015,
SEC.108.

IC 3-7-30-3 Driver's license applicant

Sec. 3. A person shall not use information relating to the failure of an applicant for a
driver's license to apply for voter registration for any purpose other than voter registration,
as required under 52 U.S.C. 20504(b).
As added by P.L.12-1995, SEC.40. Amended by P.L.3-1997, SEC.88; P.L.128-2015,
SEC.109.

IC 3-7-30-4 Uses and prohibitions of registration list

Sec. 4. (a) This section applies to the following:
(1) A county chairman who receives a certified list of registered voters prepared for a
precinct inspector under this article.
(2) A person who receives a list from a county chairman described in subdivision (1).
(b) A list received under subsection (a) may not be:
(1) disclosed by a person who receives the list under subsection (a) to a commercial
entity for commercial purposes; or
(2) used by a commercial entity for commercial purposes.
(c) A person may:
(1) use information obtained under this section in connection with the preparation of
a news broadcast or a publication in a newspaper; and
(2) publish information obtained under this section in a news broadcast or newspaper.
As added by P.L.12-1995, SEC.40.

IC 3-7-30-5 Prohibition of certain uses of information

Sec. 5. Certain uses of information from the statewide voter file are prohibited under
IC 3-7-26.3.
As added by P.L.12-1995, SEC.40. Amended by P.L.209-2003, SEC.47; P.L.164-2006,
SEC.23.

IC 3-7-30-6 Confidentiality of certain voter registration information

Sec. 6. Certain voter registration information in the statewide voter registration file

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maintained by the election division under IC 3-7-26.3 is confidential.
As added by P.L.12-1995, SEC.40. Amended by P.L.3-1997, SEC.89; P.L.209-2003,
SEC.48; P.L.164-2006, SEC.24.

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IC 3-7-31 Chapter 31. Registration Forms; Content

3-7-31-1 Duties of election division

3-7-31-2 Use of forms prescribed by election division
3-7-31-3 Modifications
3-7-31-4 Forms used to apply for registration
3-7-31-5 Requirements of forms; version of form that may be used
3-7-31-6 Repealed
3-7-31-7 Repealed
3-7-31-8 Duties of circuit court clerk or board of registration

IC 3-7-31-1 Duties of election division

Sec. 1. (a) The election division shall prescribe the forms required or permitted under
NVRA or this article.
(b) The election division shall make the forms available on the website maintained by the
election division. A form must be made available so that an individual can download the form
for completion.
As added by P.L.12-1995, SEC.41. Amended by P.L.2-1996, SEC.59; P.L.199-2001,
SEC.10; P.L.169-2015, SEC.35.

IC 3-7-31-2 Use of forms prescribed by election division

Sec. 2. Except as provided under section 3 of this chapter, the county voter registration
office shall use the forms prescribed by the election division under section 1 of this chapter.
As added by P.L.12-1995, SEC.41. Amended by P.L.2-1996, SEC.60; P.L.258-2013,
SEC.49; P.L.169-2015, SEC.36.

IC 3-7-31-3 Modifications
Sec. 3. A county voter registration office may make minor modifications to registration
forms to use the form in the county registration records after filing a copy of the modified
form with the election division.
As added by P.L.12-1995, SEC.41. Amended by P.L.258-2013, SEC.50.

IC 3-7-31-4 Forms used to apply for registration

Sec. 4. (a) A form used to apply for registration at a license branch must comply with 52
U.S.C. 20504(c)(2) and 52 U.S.C. 20504(d).
(b) A form used to apply for registration at:
(1) a public assistance agency designated under IC 3-7-15;
(2) an agency serving persons with disabilities designated under IC 3-7-16;
(3) an additional office designated under IC 3-7-18 or IC 3-7-19; or
(4) an office of the department of employment and training services designated under
IC 3-7-20.5;
must comply with 52 U.S.C. 20506(a)(6).
As added by P.L.12-1995, SEC.41. Amended by P.L.3-1997, SEC.90; P.L.2-1998, SEC.5;
P.L.81-2005, SEC.15; P.L.128-2015, SEC.110.

IC 3-7-31-5 Requirements of forms; version of form that may be used

Sec. 5. (a) The registration forms prescribed under section 1 of this chapter must:
(1) provide for the residence address and the mailing address of the individual
completing the forms;
(2) contain a statement that a notice of disposition of the person's registration
application will be mailed to the mailing address of the individual;
(3) require the applicant to provide the applicant's voter identification number;
(4) require an individual subject to IC 3-7-32-8 who receives a completed application
from the applicant to state on the application the name and residence address of the

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 individual and the date on which the individual received the application from the
applicant, with this statement being certified to by the individual under the penalties for
perjury;
(5) contain a receipt to be given by an individual subject to IC 3-7-32-8 to the applicant
when the individual receives the completed application; and
(6) if the form is a mail registration form:
(A) include the age and citizenship questions listed in IC 3-7-22-5; and
(B) contain a receipt to be given by an individual to an applicant who transmits the
application to the individual.
The receipt provided under subdivisions (5) and (6) must state the name and residence
address of the individual and the date on which the individual took custody of the application.
(b) Any version of a form approved by the commission under section 1 of this chapter
before August 1, 2013, may not be used after December 31, 2013, or accepted by a county
voter registration office under IC 3-5-4-8.
As added by P.L.12-1995, SEC.41. Amended by P.L.3-1997, SEC.91; P.L.199-2001,
SEC.11; P.L.258-2013, SEC.51; P.L.169-2015, SEC.37.

IC 3-7-31-6 Repealed
As added by P.L.12-1995, SEC.41. Repealed by P.L.199-2001, SEC.29.

IC 3-7-31-7 Repealed
As added by P.L.12-1995, SEC.41. Repealed by P.L.2-1996, SEC.297.

IC 3-7-31-8 Duties of circuit court clerk or board of registration

Sec. 8. A circuit court clerk or board of registration shall provide a sufficient number of
affidavits of registration for the registration of voters residing in the county. The clerk or
board shall also prepare and provide all other supplies needed to permit the registration of
voters as provided in this title.
As added by P.L.12-1995, SEC.41.

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IC 3-7-32 Chapter 32. Registration Forms; Completion by Voters

3-7-32-1 Execution of forms

3-7-32-2 Method of signature
3-7-32-3 Repealed
3-7-32-4 Submission by fax or electronic transmission
3-7-32-5 Notice of disposition; acknowledgment
3-7-32-6 Repealed
3-7-32-7 Voter unable to execute application; person assisting voter
3-7-32-8 Applicability; deadline for filing application received by certain persons from
voter; report of receipt of false, fictitious, or fraudulent application; county
election board action

IC 3-7-32-1 Execution of forms

Sec. 1. (a) Each voter shall execute an original registration form.
(b) An applicant’s original registration form may not be signed by a person acting for the
applicant under IC 30-5-5-14.
As added by P.L.12-1995, SEC.42. Amended by P.L.2-1996, SEC.61; P.L.81-2005, SEC.16.

IC 3-7-32-2 Method of signature

Sec. 2. A registration application must be signed:
(1) in indelible ink or indelible pencil; or
(2) with an electronic signature in a manner authorized under:
(A) IC 3-7-26.3 if submitted to a license branch under IC 3-7-14; or
(B) IC 3-7-26.7 (online voter registration).
As added by P.L.12-1995, SEC.42. Amended by P.L.14-2004, SEC.43; P.L.164-2006,
SEC.25; P.L.120-2009, SEC.4.

IC 3-7-32-3 Repealed
As added by P.L.12-1995, SEC.42. Repealed by P.L.2-1996, SEC.297.

IC 3-7-32-4 Submission by fax or electronic transmission

Sec. 4. A voter may not submit a registration application by fax or an electronic
transmission except:
(1) a voter who is an absent uniformed services voter or overseas voter submitting a
registration application on the combined absentee registration form and absentee ballot
request approved under 52 U.S.C. 20301(b);
(2) as provided in IC 3-7-26.3; or
(3) as provided in IC 3-7-26.7.
As added by P.L.12-1995, SEC.42. Amended by P.L.126-2002, SEC.23; P.L.14-2004,
SEC.44; P.L.198-2005, SEC.1; P.L.164-2006, SEC.26; P.L.66-2010, SEC.1; P.L.128-2015,
SEC.111.

IC 3-7-32-5 Notice of disposition; acknowledgment

Sec. 5. (a) This section does not apply to a registration by mail form.
(b) Each voter applying to register at the county voter registration office shall, upon
completing the voter registration form, receive a notice of disposition stating whether the
voter's name has been added to the registration rolls if the application is approved.
(c) Each voter applying to register before a bureau of motor vehicles commission or voter
registration agency shall, upon completing the voter registration application form, receive a
registration acknowledgement stating that the registration form will be forwarded to the
appropriate county voter registration office so that the voter's name may be added to the
registration rolls if the application is approved.
As added by P.L.12-1995, SEC.42. Amended by P.L.2-1996, SEC.62; P.L.3-1997, SEC.92.

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IC 3-7-32-6 Repealed
As added by P.L.12-1995, SEC.42. Repealed by P.L.2-1996, SEC.297.

IC 3-7-32-7 Voter unable to execute application; person assisting voter

Sec. 7. (a) If the voter is unable to execute an original registration application in a manner
authorized under section 1 of this chapter, the voter may procure another individual to assist
with the execution of the application.
(b) If the voter is unable to sign the application, the person assisting the voter may write
the voter's name in the space provided for the voter's signature. Unless the voter is physically
unable to do so, the voter shall also make the voter's mark in the space provided for the
voter's signature.
(c) The person assisting the voter with the execution of the application shall write the
person's own name and residence address on the affidavit in the space indicated for that
purpose.
As added by P.L.12-1995, SEC.42. Amended by P.L.258-2013, SEC.52.

IC 3-7-32-8 Applicability; deadline for filing application received by

certain persons from voter; report of receipt of false, fictitious,
or fraudulent application; county election board action
Sec. 8. (a) This section does not apply to a voter registration application received by any
of the following:
(1) An employee of a license branch:
(A) acting in accordance with IC 3-7-14; or
(B) who voluntarily:
(i) receives an application for voter registration by mail; and
(ii) forwards the application to a county voter registration office as part of the
license branch's transmittal of other applications under IC 3-7-14.
(2) An employee of a public assistance agency:
(A) acting in accordance with IC 3-7-15; or
(B) who voluntarily:
(i) receives an application for voter registration by mail; and
(ii) forwards the application to a county voter registration office as part of the
agency's transmittal of other applications under IC 3-7-15.
(3) An employee of an agency serving persons with disabilities:
(A) acting in accordance with IC 3-7-16; or
(B) who voluntarily:
(i) receives an application for voter registration by mail; and
(ii) forwards the application to a county voter registration office as part of the
agency's transmittal of other applications under IC 3-7-16.
(4) An employee of an office designated under IC 3-7-18:
(A) acting in accordance with that chapter; or
(B) who voluntarily:
(i) receives an application for voter registration by mail; and
(ii) forwards the application to a county voter registration office as part of the
office's transmittal of other applications under IC 3-7-18.
(5) An employee of an office designated under IC 3-7-19:
(A) acting in accordance with that chapter; or
(B) who voluntarily:
(i) receives an application for voter registration by mail; and
(ii) forwards the application to a county voter registration office as part of the
office's transmittal of other applications under IC 3-7-19.
(6) An employee of the office of the department of employment and training services:
(A) acting in accordance with IC 3-7-20.5; or

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 (B) who voluntarily:
(i) receives an application for voter registration by mail; and
(ii) forwards the application to a county voter registration office as part of the
office's transmittal of other applications under IC 3-7-20.5.
(7) An employee of the United States Postal Service or a bonded courier company,
acting in the individual's capacity as an employee of the United States Postal Service
or a bonded courier company.
(8) A member of the applicant's household.
(9) An applicant's attorney in fact under IC 30-5-5-14.
(10) The election division acting in accordance with IC 3-7-33-3.7.
(11) A state agency or county voter registration office receiving an application through
the online voter registration system under IC 3-7-26.7.
(12) A precinct election officer acting in the officer's official capacity under IC 3-6-6.
(13) A county voter registration officer acting in accordance with IC 3-7.
(14) A law enforcement agency acting in accordance with IC 3-7-18-2(b).
(b) A person who receives a completed application form shall file the application with the
appropriate county voter registration office or the election division not later than:
(1) noon ten (10) days after the person who initially received the completed application
from the voter registration applicant received the application; or
(2) the deadline set by state law for filing the application with the county voter
registration office;
whichever occurs first. The ten (10) day filing requirement applies to the delivery of a mail
registration form whether prescribed by the United States Election Assistance Commission
or the election division.
(c) If a person receives a completed voter registration application that the person has
reason to believe is materially false, fictitious, or fraudulent, the person shall deliver the
application to the appropriate county election board not later than the deadline set forth in
subsection (b), with a statement sworn or affirmed to under the penalties for perjury, setting
forth the reasons why the person believes the application may be materially false, fictitious,
or fraudulent. The county election board shall act under IC 3-6-5-31 to determine if a
violation of election law has occurred.
As added by P.L.258-2013, SEC.53. Amended by P.L.64-2014, SEC.14; P.L.169-2015,
SEC.38; P.L.227-2023, SEC.30.

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IC 3-7-33 Chapter 33. Registration Forms; General Procedures for
Processing by Counties

3-7-33-1 Applicability of chapter

3-7-33-2 Repealed
3-7-33-3 Acceptance not later than 29 days before election; driver's license application;
voter registration agency
3-7-33-3.5 Effect of Internet application
3-7-33-3.7 Voter registration application submitted to election division; transmission of
application to county voter registration office
3-7-33-4 Acceptance not later than 29 days before election; mail form; postmark
3-7-33-4.5 Voter registration application submitted by mail; identifying documentation;
exceptions
3-7-33-5 Determination of eligibility and subsequent notice; exceptions; contents of
notice; pending applications; certificate of error; provisional ballot
3-7-33-5.5 Voter registration application received by county voter registration office after
deadline; eligibility of applicant; notice to county election board
3-7-33-5.7 Statewide voter registration system; identification of potential nonresidential
addresses
3-7-33-6 Notice returned as undeliverable; removal from rolls
3-7-33-7 Repealed
3-7-33-8 Scanning paper document that creates, amends, or cancels voter registration
record into the computerized list

IC 3-7-33-1 Applicability of chapter

Sec. 1. This chapter applies to the processing of registration forms by a county voter
registration office.
As added by P.L.12-1995, SEC.43. Amended by P.L.81-2005, SEC.17.

IC 3-7-33-2 Repealed
As added by P.L.12-1995, SEC.43. Amended by P.L.209-2003, SEC.49. Repealed by
P.L.164-2006, SEC.143.

IC 3-7-33-3 Acceptance not later than 29 days before election; driver's

license application; voter registration agency
Sec. 3. (a) This section applies to a voter registration application that is:
(1) completed as part of a driver's license application under IC 3-7-14; or
(2) submitted at a voter registration agency under this article.
(b) As provided in 52 U.S.C. 20507(a)(1), an eligible applicant whose application is
accepted by the bureau of motor vehicles or a voter registration agency not later than
twenty-nine (29) days before the election shall be registered to vote in the election.
As added by P.L.12-1995, SEC.43. Amended by P.L.128-2015, SEC.112.

IC 3-7-33-3.5 Effect of Internet application

Sec. 3.5. (a) This section applies to a voter registration application submitted online in
accordance with IC 3-7-26.7.
(b) An eligible applicant who submits a complete application online in accordance with
IC 3-7-26.7 not later than midnight on the twenty-ninth day before the election shall be
registered to vote in the election.
As added by P.L.120-2009, SEC.5.

IC 3-7-33-3.7 Voter registration application submitted to election division;

transmission of application to county voter registration office
Sec. 3.7. (a) This section applies to a voter registration application submitted to the
election division in person or by mail.

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 (b) An eligible applicant:
(1) who submits a completed application; or
(2) on whose behalf a completed application is submitted;
in person to the election division not later than 5 p.m. on the twenty-ninth day before an
election shall be registered to vote in the election.
(c) An eligible applicant:
(1) who submits a completed application; or
(2) on whose behalf a completed application is submitted;
by mail to the election division shall be registered to vote in the election, if the application
is postmarked not later than the twenty-ninth day before the election. If a postmark on an
application submitted by mail is missing or illegible, an eligible applicant shall be registered
to vote in the election, if the application is received by the election division not later than the
Monday following the close of the registration period.
(d) The election division shall promptly forward an application received under this section
to the county voter registration office of the county where the applicant resides. However,
the election division shall not transmit to a county voter registration office an application that
cannot be processed during the period when registration is closed under IC 3-7-13-10 until
at least seven (7) days after the date of the close of registration. The election division shall
clearly identify the applications described by this subsection in the transmittal to the county
voter registration office as "late registrations".
As added by P.L.225-2011, SEC.18. Amended by P.L.258-2013, SEC.54.

IC 3-7-33-4 Acceptance not later than 29 days before election; mail form;
postmark
Sec. 4. (a) This section applies to a voter registration application submitted on a
registration by mail form under IC 3-7-22.
(b) Except as provided in subsection (c), and as provided in 52 U.S.C. 20507(a)(1), an
eligible applicant whose application is postmarked not later than twenty-nine (29) days
before the election shall be registered to vote in the election.
(c) If a postmark on a registration by mail form is missing or illegible, an eligible
applicant shall be registered to vote in the election if the form is received by the county voter
registration office not later than the Monday following the close of the registration period
before the election.
As added by P.L.12-1995, SEC.43. Amended by P.L.209-2003, SEC.50; P.L.14-2004,
SEC.45; P.L.128-2015, SEC.113.

IC 3-7-33-4.5 Voter registration application submitted by mail; identifying

documentation; exceptions
Sec. 4.5. (a) Except as provided in subsection (b), this section applies to an individual
who:
(1) submits an application to register to vote by mail under IC 3-7-22; and
(2) has not previously voted in:
(A) a general election in Indiana (or a special election for federal office in Indiana);
or
(B) a general election (or a special election for federal office) in the county where
the individual has submitted an application under this chapter if the application was
received by the county voter registration office after December 31, 2002, and before
January 1, 2006.
(b) This section does not apply to an individual who complies with the requirements in
any of the following:
(1) The individual submits an application to register to vote by mail under this chapter
and includes with that mailing a copy of:
(A) a current and valid photo identification; or

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 (B) a current utility bill, bank statement, government check, paycheck, or
government document;
that shows the name and residence address of the voter stated on the voter registration
application.
(2) The individual submits an application to register to vote by mail under this chapter
that includes:
(A) the individual's Indiana driver's license number; or
(B) the last four (4) digits of the individual's Social Security number;
and the county voter registration office or election division matches the information
submitted by the applicant with an existing Indiana identification record bearing the
same number, name, and date of birth set forth in the voter registration application.
(3) The individual is an absent uniformed services voter or overseas voter.
(4) The individual is entitled to vote other than in person under the federal Voting
Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii)) due
to a determination by the election division that a permanent or temporarily accessible
polling place cannot be provided for the individual.
(5) The individual is entitled to vote other than in person under any other federal law.
(c) When a county voter registration office receives a voter registration application by
mail, the office shall determine whether the applicant is subject to the requirements to
provide additional documentation under this section and 52 U.S.C. 21083.
(d) As required by 52 U.S.C. 21083, a county voter registration office shall administer
the requirements of this section in a uniform and nondiscriminatory manner.
(e) If the county voter registration office determines that the applicant:
(1) is not required to submit additional documentation under this section; or
(2) has provided the documentation required under this section;
the county voter registration office shall process the application in accordance with section
5 of this chapter.
(f) If the county voter registration office determines that the applicant is required to
submit additional documentation under this section and 52 U.S.C. 21083, the office shall
process the application under section 5 of this chapter and, if the applicant is otherwise
eligible to vote, add the information concerning this documentation to the voter's
computerized registration entry under IC 3-7-27-20.2.
(g) The county voter registration office shall remove the notation described in subsection
(f) after the voter votes in an election for a federal office.
As added by P.L.209-2003, SEC.51. Amended by P.L.14-2004, SEC.46; P.L.164-2006,
SEC.27; P.L.225-2011, SEC.19; P.L.128-2015, SEC.114.

IC 3-7-33-5 Determination of eligibility and subsequent notice; exceptions;

contents of notice; pending applications; certificate of error;
provisional ballot
Sec. 5. (a) When the county voter registration office receives an application for a new
registration or an application with information that revises or adds information to the
applicant's current voter registration record, the county voter registration office shall
determine if the applicant appears to be eligible to register to vote based on the information
in the application.
(b) This subsection does not apply to a voter who indicates:
(1) under IC 3-7-39-7 or on an absentee application submitted under IC 3-11-4 that the
voter has changed the voter's residence to an address within the same precinct where
the voter's former address was located; or
(2) under IC 3-7-41 or an absentee application submitted under IC 3-11-4 that the voter
has changed the voter's name.
As required under 52 U.S.C. 20507(a)(2), the county voter registration office shall send a
notice to each person from whom the county voter registration office receives a voter

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registration application. The county voter registration office shall send a notice to the
applicant at the mailing address provided in the application.
(c) The notice required by subsection (b) must set forth the following:
(1) A statement that the application has been received.
(2) The disposition of the application by the county voter registration office.
(3) If the county voter registration office determines that the applicant appears to be
eligible, the notice must state the following:
(A) Except as provided under subsection (g), the applicant is registered to vote under
the residence address when the applicant receives the notice. An applicant is
presumed to have received the notice unless the notice is returned by the United
States Postal Service due to an unknown or insufficient address and received by the
county voter registration office not later than seven (7) days after the notice is mailed
to the applicant.
(B) The name of the precinct in which the voter is registered.
(C) The address of the polling place for the precinct in which the voter is registered.
(4) In accordance with 52 U.S.C. 20302(d), if the county voter registration office has
denied the application, the notice must include the reasons for the denial.
(d) The notice required by subsection (b) may not include a voter identification number.
(e) The notice required by subsection (b) may include a voter registration card.
(f) If the notice is returned by the United States Postal Service due to an unknown or
insufficient address, the county voter registration office shall determine that the applicant is
ineligible and deny the application.
(g) During the seven (7) days following the mailing of the notice to the voter under this
section, the county voter registration office shall indicate in the computerized list maintained
under IC 3-7-26.3 that the application is pending. If the notice:
(1) is not returned by the United States Postal Service and received by the county voter
registration office at; or
(2) is received by the applicant by United States Postal Service delivery and presented
in person by the applicant to the county voter registration office before;
the expiration of the seven (7) day period under subsection (c), the county voter registration
office shall indicate in the computerized list that the applicant is a registered voter at the
address set forth by the applicant as the applicant's current address.
(h) If:
(1) the application for a new registration or an application with information that revises
or adds information to the applicant's current registration record states that the applicant
formerly resided or was registered at an address outside the precinct where the address
set forth in the application is located; and
(2) the application is denied by the county voter registration office under subsection (f);
the county voter registration office shall cancel any registration record of the voter at the
address which the applicant stated is no longer the legal residence of the applicant. If a
registration record is canceled under this subsection, the voter may nonetheless vote a regular
official ballot at the previous address if the voter makes an oral or written affirmation under
IC 3-7-48-5(b) that the voter continues to reside at the previous address.
(i) If the county voter registration office cancels a voter's registration record at an address
that the applicant has stated is no longer the legal residence of the applicant under subsection
(h), the county voter registration office shall send the voter a notice prescribed by the election
division and generated from the computerized list maintained under IC 3-7-26.3 by
forwardable mail to the voter's residence address that was canceled. The notice must state the
following:
(1) That the voter's registration application was denied under subsection (f).
(2) That the voter's registration record at the address that the applicant has stated is no
longer the legal residence of the applicant has been canceled under subsection (h).
(3) That if the voter wants to register to vote at the voter's current residence address,

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 the voter must complete and submit a new application before the end of the next
registration period described in IC 3-7-13-10.
A voter registration application must be sent with the notice required under this subsection.
(j) This subsection applies if the notice is mailed by the county voter registration office
after the certified list is prepared under IC 3-7-29. If:
(1) the seven (7) day period under subsection (c) expires before election day;
(2) the applicant has not presented the notice mailed under subsection (b) to the county
voter registration office as provided under subsection (g); and
(3) the applicant would otherwise have been included on the certified list;
the county voter registration office shall prepare a certificate of error under IC 3-7-48 to note
the addition of the voter to the certified list.
(k) This subsection applies if the notice is mailed by the county voter registration office
after the certified list is prepared under IC 3-7-29. If:
(1) the seven (7) day period has not expired before election day; and
(2) the applicant has not presented the notice mailed under subsection (b) to the county
voter registration office as provided under subsection (g);
the county voter registration office shall notify the county election board. The county election
board shall certify to the inspector of the precinct where the applicant resides that the
applicant's voter registration application is pending, and that the voter, subject to fulfilling
the requirements of IC 3-11.7, is entitled to cast a provisional ballot.
As added by P.L.12-1995, SEC.43. Amended by P.L.3-1995, SEC.42; P.L.4-1996, SEC.20;
P.L.122-2000, SEC.3; P.L.209-2003, SEC.52; P.L.81-2005, SEC.18; P.L.164-2006, SEC.28;
P.L.14-2013, SEC.1; P.L.64-2014, SEC.15; P.L.128-2015, SEC.115; P.L.169-2015, SEC.39;
P.L.278-2019, SEC.15.

IC 3-7-33-5.5 Voter registration application received by county voter

registration office after deadline; eligibility of applicant; notice
to county election board
Sec. 5.5. (a) This section applies to a voter registration application that is received by a
county voter registration office after the date specified for filing the application under
IC 3-7-32-8.
(b) In determining the eligibility of the applicant, the county voter registration office may
not reject the application solely on the ground that an individual who received the application
from the applicant failed to comply with IC 3-7-32-8. However, the county voter registration
office shall, not later than three (3) days after receipt of the application, provide notice of the
apparent violation of IC 3-7-32-8 to the county election board for appropriate action under
IC 3-6-5-31.
As added by P.L.258-2013, SEC.55.

IC 3-7-33-5.7 Statewide voter registration system; identification of potential

nonresidential addresses
Sec. 5.7. (a) The statewide voter registration system must contain a feature that identifies
potential nonresidential addresses submitted on voter registration applications.
(b) This subsection applies to an application with a residence address that the statewide
voter registration system identifies as a potential nonresidential address. Before the county
voter registration official makes a determination on the application under section 5 of this
chapter, the official shall conduct research on the application to determine if:
(1) an individual could reside at the address stated on the application; or
(2) the applicant resides at a nontraditional address described in IC 3-5-5-18.
As added by P.L.227-2023, SEC.31.

IC 3-7-33-6 Notice returned as undeliverable; removal from rolls

Sec. 6. As provided by 52 U.S.C. 20505(d), if:

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 (1) the county voter registration office mails a notice of the disposition of a voter
registration application under section 5(b) of this chapter by nonforwardable mail; and
(2) the notice is returned as undeliverable, after the applicant is added to the
registration rolls under section 5 of this chapter;
the county voter registration office may initiate steps to remove the voter from the
registration rolls as provided in 52 U.S.C. 20507(d) and this article.
As added by P.L.12-1995, SEC.43. Amended by P.L.3-1995, SEC.43; P.L.3-1997, SEC.93;
P.L.122-2000, SEC.4; P.L.128-2015, SEC.116.

IC 3-7-33-7 Repealed
As added by P.L.12-1995, SEC.43. Repealed by P.L.3-1995, SEC.157.

IC 3-7-33-8 Scanning paper document that creates, amends, or cancels

voter registration record into the computerized list
Sec. 8. Upon receiving a paper document that creates, amends, or cancels the voter
registration record of an individual in the computerized list maintained under IC 3-7-26.3,
the county voter registration office shall scan the paper document and attach the scanned
image to the voter's file in the computerized list. This section requires the scanning of a voter
registration application that is subsequently rejected.
As added by P.L.116-2018, SEC.2.

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IC 3-7-34 Chapter 34. Registration Forms; Special Procedures for
Processing Incomplete or Incorrectly Filed Applications

3-7-34-1 Applicability of chapter

3-7-34-1.5 "Incomplete" registration forms; determination
3-7-34-1.7 "Registration form"
3-7-34-2 Duties of county voter registration office when registration application
incomplete; contact of voter
3-7-34-3 Processing incomplete voter registration application
3-7-34-4 Applicability; certification of incomplete forms to board; rejection
3-7-34-4.5 Voter registration application lacking information to be supplied by individual
who received application; contact voter and individual who received
application; effect of lack of information; notice to county election board
3-7-34-5 Effort to be made to obtain missing information
3-7-34-6 Processing of forms
3-7-34-7 Certification of processed incomplete forms; notice to supply omitted
information
3-7-34-8 Notice of noncompliance
3-7-34-9 Forwarding forms to proper county
3-7-34-10 Election division to forward forms to county voter registration office
3-7-34-11 Clerk to forward forms to county board
3-7-34-12 Reproduction of incompatible forms
3-7-34-13 Forms received after preparation of list or download to electronic poll books

IC 3-7-34-1 Applicability of chapter

Sec. 1. This chapter applies when a county voter registration office receives a registration
form that is not properly completed under:
(1) IC 3-7 or 52 U.S.C. 21083; or
(2) is filed in an incorrect county.
As added by P.L.12-1995, SEC.44. Amended by P.L.209-2003, SEC.53; P.L.81-2005,
SEC.19; P.L.128-2015, SEC.117.

IC 3-7-34-1.5 "Incomplete" registration forms; determination

Sec. 1.5. (a) For purposes of this chapter, a registration form is "incomplete" if the
applicant does not provide any of the following:
(1) The name of the applicant.
(2) The residence address of the applicant (other than the ZIP code).
(3) The mailing address of the applicant (other than the ZIP code), unless the applicant
provides a residence address at which United States Postal Service mail delivery for the
applicant can be received.
(4) The date of birth of the applicant.
(5) The voter identification number of the applicant or a statement that the applicant
has no voter identification number.
(6) The applicant's response to the question, "Are you a citizen of the United States of
America?".
(7) The applicant's response to the question, "Will you be at least eighteen (18) years
of age on or before election day?".
(8) A map, description, or diagram sufficient to permit locating the voter's residence
(if the applicant has no residence address with a street number or name included on this
application).
(9) The signature of the applicant to the statement swearing or affirming that:
(A) the applicant meets the requirements for approval of the application;
(B) the information and all other statements on the application are true; and
(C) the applicant understands if the applicant signs the statement knowing that the
statement is not true, the applicant is committing perjury, and understands the

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 penalties for committing perjury.
(b) For purposes of this chapter, a registration form is "incomplete" if a person who
received a completed application from the applicant does not provide any of the following:
(1) The name and residence address of the individual who received the application.
(2) The date on which the individual received the application from the applicant.
(3) The signature of the individual certifying this information.
As added by P.L.258-2013, SEC.56. Amended by P.L.64-2014, SEC.16.

IC 3-7-34-1.7 "Registration form"

Sec. 1.7. As used in this chapter, "registration form" includes an application for
registration or a request to transfer the voter's registration to another address.
As added by P.L.81-2005, SEC.20.

IC 3-7-34-2 Duties of county voter registration office when registration

application incomplete; contact of voter
Sec. 2. (a) This section applies when a county voter registration office receives a
registration form that is not fully and properly completed so that the county voter registration
office can:
(1) administer voter registration and other parts of the election process (as provided by
52 U.S.C. 20508); or
(2) determine if the applicant is eligible to register under this article, including when
the applicant fails to answer either of the questions set forth in IC 3-7-22-5(3) or
IC 3-7-22-5(4).
(b) As required by 52 U.S.C. 21083, the county voter registration office shall promptly
make:
(1) one (1) effort to contact the voter by mail if possible; and
(2) one (1) effort to contact the voter by telephone if a telephone number is listed.
As added by P.L.12-1995, SEC.44. Amended by P.L.209-2003, SEC.54; P.L.81-2005,
SEC.21; P.L.258-2013, SEC.57; P.L.128-2015, SEC.118.

IC 3-7-34-3 Processing incomplete voter registration application

Sec. 3. (a) This subsection applies to a registration form that is incomplete as a result of
the failure of the applicant to answer either of the questions set forth in IC 3-7-22-5(3) or
IC 3-7-22-5(4). If the county voter registration office obtains a written statement made under
the penalties for perjury from the applicant:
(1) answering either or both of the questions that were not answered on the original
form; and
(2) not later than the twenty-ninth day before the date of the next election following the
date the form was filed;
the county voter registration office shall process the form under this article.
(b) This subsection applies to a registration application that is incomplete for a reason
other than the failure of the applicant to answer either of the questions set forth in
IC 3-7-22-5(3) or IC 3-7-22-5(4). If the county voter registration office obtains information
under section 2(b)(1) of this chapter that permits the county voter registration office to
complete the registration form, the county voter registration office shall process the form
under this article. If the county voter registration office obtains information under section
2(b)(2) of this chapter from the voter that permits the county voter registration office to
complete the registration form, the county voter registration office shall document the
information and process the form under this article.
As added by P.L.12-1995, SEC.44. Amended by P.L.209-2003, SEC.55; P.L.81-2005,
SEC.22; P.L.193-2021, SEC.12.

IC 3-7-34-4 Applicability; certification of incomplete forms to board;

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 rejection
Sec. 4. (a) This section does not apply to an absent uniformed services voter who submits
a registration application less than ten (10) days before the election under IC 3-7-36.
(b) Not later than ten (10) days before the election, the county voter registration office
shall certify to the county election board a list of the registration forms that remain
incomplete after the effort made under section 2 of this chapter and that do not permit the
county voter registration office to determine if the applicant is eligible to register under this
article. Upon certification, the county voter registration office shall reject the applications.
As added by P.L.12-1995, SEC.44. Amended by P.L.81-2005, SEC.23; P.L.64-2014, SEC.17.

IC 3-7-34-4.5 Voter registration application lacking information to be

supplied by individual who received application; contact voter
and individual who received application; effect of lack of
information; notice to county election board
Sec. 4.5. (a) This section applies to an application that is incomplete under section 1.5(b)
of this chapter.
(b) If the application contains all the information required to be supplied by the voter, but
does not include:
(1) information required to be supplied by an individual who received the completed
application from the voter; or
(2) the signature of that individual;
the county voter registration office shall promptly make one (1) effort to contact the
individual who received the completed application from the voter, if possible, and one (1)
effort to contact the voter to obtain the missing information or the signature in the case of the
individual who received the completed application from the voter. For purposes of this
subsection, "effort" refers to the activities described in section 2(b) of this chapter.
(c) The county voter registration office shall process the application under this article if
the county voter registration office:
(1) obtains the information or signature; or
(2) cannot obtain the information or signature of the individual who had custody of the
application and the application is otherwise complete.
(d) In determining the eligibility of the applicant, the county voter registration office may
not reject the application solely on the ground that the individual who received the completed
application from the voter failed to complete the application with the information or signature
described in section 1.5(b) of this chapter. However, the county voter registration office shall,
not later than three (3) days after receipt of the application, provide notice of the failure to
properly complete the application to the county election board for appropriate action under
IC 3-6-5-31.
As added by P.L.219-2013, SEC.11. Amended by P.L.64-2014, SEC.18.

IC 3-7-34-5 Effort to be made to obtain missing information

Sec. 5. (a) If a registration form contains all of the information required to be supplied by
the voter, but does not include the information required to be supplied by the bureau of motor
vehicles commission, the county voter registration office shall promptly make one (1) effort
to contact the commission to obtain the information.
(b) If the information is not obtained from the commission under subsection (a) not later
than seven (7) days after the county voter registration office provides the notice, the county
voter registration office shall notify the NVRA official. The NVRA official shall contact the
commission to request that the information be provided to the county voter registration office
or that the commission file a statement with the county voter registration office indicating
why the information is not available.
As added by P.L.12-1995, SEC.44. Amended by P.L.2-1996, SEC.63; P.L.209-2003,
SEC.56; P.L.164-2006, SEC.29; P.L.64-2014, SEC.19.

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IC 3-7-34-6 Processing of forms
Sec. 6. If the county voter registration office obtains the information under section 5 of
this chapter required to complete the form, the county voter registration office shall process
the form under this article. If the county voter registration office cannot obtain the
information under section 5 of this chapter and the form is otherwise complete, the county
voter registration office shall process the form under this chapter.
As added by P.L.12-1995, SEC.44. Amended by P.L.81-2005, SEC.24.

IC 3-7-34-7 Certification of processed incomplete forms; notice to supply

omitted information
Sec. 7. (a) The county voter registration office shall certify to the NVRA official on an
expedited basis a list of the registration forms that have been processed under section 6 of
this chapter but do not contain information required to be supplied by the bureau of motor
vehicles commission or a voter registration agency.
(b) The NVRA official shall notify the commission or agency that the commission or
agency is required to supply the omitted information on an expedited basis to the county
voter registration office.
As added by P.L.12-1995, SEC.44. Amended by P.L.2-1996, SEC.64; P.L.81-2005, SEC.25;
P.L.225-2011, SEC.20.

IC 3-7-34-8 Notice of noncompliance

Sec. 8. The county election board shall notify the NVRA official if an officer, a
commission, or an agency does not comply with section 7 of this chapter.
As added by P.L.12-1995, SEC.44. Amended by P.L.2-1996, SEC.65.

IC 3-7-34-9 Forwarding forms to proper county

Sec. 9. (a) This section applies when a county voter registration office receives a
registration form for a voter whose address is:
(1) located in Indiana; and
(2) not located in the county where the county voter registration office is located.
(b) The county voter registration office shall deliver or mail the registration form
described in subsection (a) on an expedited basis to the county voter registration office of the
county in which the voter resides. To comply with this subsection, the county voter
registration office may forward an optically scanned image of the voter registration form to
the county voter registration office of the county in which the voter resides and subsequently
forward the original copy of the form to the county voter registration office.
(c) The county voter registration office of the county in which the voter resides shall
process the registration form and register the voter under this article if the registration:
(1) was received by the original county voter registration office or accepted by the
bureau of motor vehicles or a voter registration agency during the registration period
specified under IC 3-7-13-10; or
(2) is a registration by mail form received in compliance with IC 3-7-33-4.
As added by P.L.12-1995, SEC.44. Amended by P.L.2-1996, SEC.66; P.L.81-2005, SEC.26.

IC 3-7-34-10 Election division to forward forms to county voter registration

office
Sec. 10. Whenever the election division receives authorization to cancel a registration for
a resident of a county in Indiana, the election division shall forward the cancellation on an
expedited basis to the county voter registration office. To comply with this section, the
election division may forward an optically scanned image of the cancellation to the county
voter registration office and subsequently forward the original copy of the cancellation to the
county voter registration office.
As added by P.L.12-1995, SEC.44. Amended by P.L.2-1996, SEC.67; P.L.3-1997, SEC.94;

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P.L.81-2005, SEC.27.

IC 3-7-34-11 Clerk to forward forms to county board

Sec. 11. (a) This section applies to a county with a board of registration.
(b) If the circuit court clerk receives a registration form for a resident of the county, the
clerk shall promptly forward the form to the board of registration.
As added by P.L.12-1995, SEC.44.

IC 3-7-34-12 Reproduction of incompatible forms

Sec. 12. If the registration form is not compatible with the county's voter registration files
of original voter registration affidavits, the county voter registration office may reproduce
the form for the county's system and retain the original form to document the registration.
As added by P.L.12-1995, SEC.44. Amended by P.L.209-2003, SEC.57; P.L.164-2006,
SEC.30.

IC 3-7-34-13 Forms received after preparation of list or download to

electronic poll books
Sec. 13. (a) If a registration form complies with section 9(c) of this chapter and is
received after the certified list has been prepared under IC 3-7-29 or the information required
to be available on an electronic poll list has been downloaded onto an electronic poll book
for use on election day, the county voter registration office shall:
(1) process the form in accordance with IC 3-7-33-5; and
(2) if the registration application is approved, issue a certificate of error under
IC 3-7-48.
(b) If a registration form does not comply with section 9(c) of this chapter, the county
voter registration office shall process the form in accordance with IC 3-7-13-12.
As added by P.L.12-1995, SEC.44. Amended by P.L.81-2005, SEC.28; P.L.64-2014, SEC.20.

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IC 3-7-35 Chapter 35. Registration Forms; Special Procedures for
Processing Applications From Persons Less Than 18 Years of
Age

3-7-35-1 Applicability of chapter

3-7-35-2 Repealed
3-7-35-2.1 Generation of poll lists
3-7-35-3 Repealed
3-7-35-3.1 Generation of jury lists
3-7-35-4 Repealed

IC 3-7-35-1 Applicability of chapter

Sec. 1. This chapter applies when a circuit court clerk or board of registration receives
a registration form from an individual who is eligible to register under this article but is less
than eighteen (18) years of age.
As added by P.L.12-1995, SEC.45.

IC 3-7-35-2 Repealed
As added by P.L.12-1995, SEC.45. Amended by P.L.38-1999, SEC.8; P.L.209-2003, SEC.58.
Repealed by P.L.164-2006, SEC.143.

IC 3-7-35-2.1 Generation of poll lists

Sec. 2.1. The county voter registration office shall generate a poll list for the precinct
where the voter resides that does not include the name of a voter unless the voter will be:
(1) at least eighteen (18) years of age when the election is conducted; or
(2) eligible to vote in the election under this article.
As added by P.L.209-2003, SEC.59. Amended by P.L.164-2006, SEC.31.

IC 3-7-35-3 Repealed
As added by P.L.12-1995, SEC.45. Amended by P.L.38-1999, SEC.9; P.L.209-2003, SEC.60.
Repealed by P.L.164-2006, SEC.143.

IC 3-7-35-3.1 Generation of jury lists

Sec. 3.1. The county voter registration office shall generate information to be used in the
compilation of a jury list that does not include the name of a voter unless the voter will be
at least eighteen (18) years of age when the jury is empaneled.
As added by P.L.209-2003, SEC.61. Amended by P.L.164-2006, SEC.32.

IC 3-7-35-4 Repealed
As added by P.L.12-1995, SEC.45. Repealed by P.L.38-1999, SEC.73.

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IC 3-7-36 Chapter 36. Special Registration Procedures for Military
Voters and Overseas Voters

3-7-36-1 Applicability of chapter

3-7-36-2 Signatures in presence of person authorized to administer oath not required
3-7-36-3 Additional signatures not required; false statements
3-7-36-4 Person designated to sign
3-7-36-5 Delivery of affidavit to voter after receipt of application; effectiveness of
registration
3-7-36-6 Procedures upon receipt of application for absentee ballot
3-7-36-7 Duties of election division when receiving application
3-7-36-8 Transmission of absentee ballot application upon receipt of request for
application
3-7-36-9 Clerk to forward application to board of registration; recording information;
transmission of absentee ballot application
3-7-36-10 Processing of affidavit or form
3-7-36-11 Repealed
3-7-36-12 Repealed
3-7-36-13 Repealed
3-7-36-14 Registration of absent uniformed services voters beginning on the seventh day
before election

IC 3-7-36-1 Applicability of chapter

Sec. 1. This chapter applies to absent uniformed services voters and overseas voters.
As added by P.L.12-1995, SEC.46.

IC 3-7-36-2 Signatures in presence of person authorized to administer oath

not required
Sec. 2. A voter described in section 1 of this chapter who wants to:
(1) vote by absentee ballot under IC 3-11-4; and
(2) execute an affidavit or a form for voter registration;
is not required to sign the affidavit or form in the presence of a person authorized to
administer an oath, and the affidavit or form need not be signed by such a person.
As added by P.L.12-1995, SEC.46. Amended by P.L.126-2002, SEC.24.

IC 3-7-36-3 Additional signatures not required; false statements

Sec. 3. The circuit court clerk or board of registration shall inform the voter that no
signature other than that of the voter is required on the affidavit or form and that a voter who
makes a false statement on the affidavit or form is subject to the penalties for perjury.
As added by P.L.12-1995, SEC.46.

IC 3-7-36-4 Person designated to sign

Sec. 4. If the voter is unable to sign or mark the registration form due to disability, any
person designated by the voter may sign the voter's name on the form in the presence of the
voter.
As added by P.L.12-1995, SEC.46.

IC 3-7-36-5 Delivery of affidavit to voter after receipt of application;

effectiveness of registration
Sec. 5. (a) This section does not apply to a voter who files a combined absentee
registration form and absentee ballot request.
(b) When a county voter registration office receives an application for registration from
an absent uniformed services voter or an overseas voter, the office shall promptly mail or
deliver to the applicant the affidavit prescribed by this title for the registration of a voter. The
county voter registration office shall transmit the voter registration application to the

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applicant by electronic mail or fax if:
(1) requested by the applicant; and
(2) the applicant provides an electronic mail address or a fax number that permits the
county voter registration office to send an application not later than the end of the first
business day after the county voter registration office receives the communication from
the voter.
If the electronic mail address or the fax number provided by the voter does not permit the
county voter registration office to send the voter an application not later than the end of the
first business day after the county voter registration office receives the communication, the
county voter registration office shall send the application to the voter by United States mail.
(c) When the properly executed and certified affidavit is returned to the voter registration
office and approved under this article, the applicant becomes a registered voter in the
precinct of residence.
As added by P.L.12-1995, SEC.46. Amended by P.L.126-2002, SEC.25; P.L.66-2010, SEC.2.

IC 3-7-36-6 Procedures upon receipt of application for absentee ballot

Sec. 6. (a) This section does not apply to a voter who files a combined absentee
registration form and absentee ballot request.
(b) When a board of registration receives an application for registration under section 5
of this chapter and a request for an absentee ballot application, the board shall promptly
deliver the applicant's request to the circuit court clerk for the mailing of an application for
an absentee ballot.
As added by P.L.12-1995, SEC.46. Amended by P.L.66-2010, SEC.3.

IC 3-7-36-7 Duties of election division when receiving application

Sec. 7. (a) If the election division receives an application for registration from an absent
uniformed services voter or an overseas voter under this chapter, the election division shall
promptly forward the application to the county voter registration office of the county where
the applicant resides according to the address on the application.
(b) If the application is a combined application for voter registration and an application
for an absentee ballot, the election division shall promptly forward the application to the
county voter registration office.
As added by P.L.12-1995, SEC.46. Amended by P.L.3-1997, SEC.95; P.L.66-2010, SEC.4.

IC 3-7-36-8 Transmission of absentee ballot application upon receipt of

request for application
Sec. 8. (a) This section does not apply to a combined absentee registration and request
for an absentee ballot.
(b) When a circuit court clerk receives a request for an absentee ballot application, the
clerk shall promptly mail the absentee ballot application (or transmit the application to the
voter by electronic mail or fax if requested by the voter).
As added by P.L.12-1995, SEC.46. Amended by P.L.66-2010, SEC.5.

IC 3-7-36-9 Clerk to forward application to board of registration;

recording information; transmission of absentee ballot
application
Sec. 9. (a) If a voter registration application is delivered to the circuit court clerk in a
county where there is a board of registration, the clerk shall promptly deliver to the board the
application requesting registration.
(b) If the application is a combined application for registration and an application for an
absentee ballot, the clerk shall record the name, address, and other necessary information for
the use of the county election board or board of elections and registration in mailing an
application for an absentee ballot.

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 (c) The requested application for an absentee ballot shall be mailed or transmitted to the
applicant by electronic mail or fax if:
(1) requested by the applicant; and
(2) the applicant provides an electronic mail address or a fax number that permits the
board to send an application not later than the end of the first business day after the
board receives the communication from the voter.
If the electronic mail address or fax number provided by the applicant does not permit the
board to send the application not later than the end of the first business day after the board
receives the communication, the board shall send the application by United States mail.
(d) The clerk shall promptly deliver a combined application to the board. The board shall
promptly mail the registration application to the applicant at the address appearing on the
application submitted by the applicant or transmit the application to the applicant by
electronic mail or fax if:
(1) requested by the applicant; and
(2) the applicant provides an electronic mail address or a fax number that permits the
board to send an application not later than the end of the first business day after the
board receives the communication from the voter.
If the electronic mail address or fax number provided by the applicant does not permit the
board to send the application not later than the end of the first business day after the board
receives the communication, the board shall send the application by United States mail.
As added by P.L.12-1995, SEC.46. Amended by P.L.66-2010, SEC.6.

IC 3-7-36-10 Processing of affidavit or form

Sec. 10. (a) The county voter registration office shall process an absentee registration
affidavit or form received from a voter described in section 1 of this chapter during the
registration period or during the period beginning on the twenty-ninth day before the election
and ending on the eighth day before the election.
(b) A properly completed voter registration application described in this section is subject
to the same requirements that are applicable to a properly completed voter registration
application from a voter described in section 1 of this chapter during the period ending on
the twenty-ninth day before the election.
As added by P.L.12-1995, SEC.46. Amended by P.L.225-2011, SEC.21; P.L.76-2014, SEC.7.

IC 3-7-36-11 Repealed
As added by P.L.12-1995, SEC.46. Amended by P.L.126-2002, SEC.26. Repealed by
P.L.219-2013, SEC.12.

IC 3-7-36-12 Repealed
As added by P.L.12-1995, SEC.46. Repealed by P.L.126-2002, SEC.93.

IC 3-7-36-13 Repealed
As added by P.L.12-1995, SEC.46. Repealed by P.L.126-2002, SEC.93.

IC 3-7-36-14 Registration of absent uniformed services voters beginning on

the seventh day before election
Sec. 14. (a) This section applies to a person described in subsection (b) who applies to
register to vote during the period:
(1) beginning on the seventh day before election day; and
(2) ending at noon election day.
(b) An absent uniformed services voter who is absent from Indiana during the registration
period applicable to the voter under this chapter and who otherwise would be entitled to
register to vote under Indiana law may, upon returning to Indiana during the period described
in subsection (a) following discharge from service or reassignment, register to vote by doing

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the following:
(1) Showing either of the following to the county voter registration office:
(A) A discharge from service, dated not earlier than the beginning of the registration
period that ended on the eighth day before election day, of:
(i) the voter;
(ii) the voter's spouse; or
(iii) the individual of whom the voter is a dependent.
(B) A copy of the government movement orders, with a reporting date not earlier
than the beginning of the registration period that ended on the eighth day before
election day, of:
(i) the voter;
(ii) the voter's spouse; or
(iii) the individual of whom the voter is a dependent.
(2) Completing a registration affidavit.
(c) A voter who registers under this section may vote at the upcoming election only by
absentee ballot at the office of the circuit court clerk at the time the voter registers under this
section or at any time after the voter registers under this section and before noon on election
day. A voter who wants to vote under this subsection must do both of the following:
(1) Complete an application for an absentee ballot.
(2) Sign an affidavit that the voter has not voted at any other precinct in the election.
The voter may vote at subsequent elections as otherwise provided in this title.
(d) If the voter votes by absentee ballot under this section, the circuit court clerk shall do
the following:
(1) Certify in writing that the voter registered under this section.
(2) Attach the certification to the voter's absentee ballot envelope.
(e) If the county has a board of registration, the board of registration shall promptly
deliver the voter's registration affidavit to the circuit court clerk to permit the voter to vote
under subsection (c).
(f) If the voter chooses not to vote under subsection (c), the county voter registration
office shall register the voter on the first day of the next registration period.
As added by P.L.126-2002, SEC.27. Amended by P.L.14-2004, SEC.47; P.L.219-2013,
SEC.13; P.L.76-2014, SEC.8.

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IC 3-7-37 Chapter 37. Special Registration Procedures for Homeless or
Mobile Voters

3-7-37-1 Mailing address for individual with nontraditional residence

3-7-37-2 Designation of registration in permanent registration record

IC 3-7-37-1 Mailing address for individual with nontraditional residence

Sec. 1. If the United States Postal Service does not deliver mail directly to an individual
with a nontraditional residence in the precinct where the individual resides, the individual
may use a mailing address within a precinct in the county to complete the registration
affidavit and to provide an address for the mailing of notices under this article. However, if
the person uses a mailing address under this section, the registration affidavit must also state
the precinct in which the individual with a nontraditional residence resides.
As added by P.L.12-1995, SEC.47.

IC 3-7-37-2 Designation of registration in permanent registration record

Sec. 2. The circuit court clerk or board of registration shall designate each registration by
an individual with a nontraditional residence in the permanent registration record of the
precinct.
As added by P.L.12-1995, SEC.47.

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IC 3-7-38 Chapter 38. Repealed
Repealed by P.L.4-1996, SEC.108.

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IC 3-7-38.1 Chapter 38.1. Repealed
Repealed by P.L.164-2006, SEC.143.

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IC 3-7-38.2 Chapter 38.2. Voter List Maintenance Programs

3-7-38.2-1 Removal of ineligible voters from lists due to change of residence

3-7-38.2-2 Requirements for voter list maintenance programs; county voter registration
office voter list maintenance programs; inactive voters, criteria for
determining; removal of voter registration record
3-7-38.2-3 Removal of name from registration record during 90 day period before election
3-7-38.2-4 Correction of registration records; date of birth
3-7-38.2-5 Submission of names to change of address service
3-7-38.2-5.1 Memorandum of understanding void
3-7-38.2-5.5 IDEA established; requirements; receiving voter registration information from
other states; confidence factor; cancellation of duplicate registrations
3-7-38.2-6 Voters who no longer reside at submitted address
3-7-38.2-7 Use of postal service's change of address information
3-7-38.2-7.5 Identification of voters registered in more than one state; provision of
information to county voter registration offices
3-7-38.2-8 Notice to county voter registration offices of changes in residence of voters
3-7-38.2-9 Registration records for overseas or uniformed services voters
3-7-38.2-10 Voter moves from current registration address; change in registration record
3-7-38.2-11 Notice to county voter registration offices of change in residence; requirements
3-7-38.2-12 Change of address to residence outside county
3-7-38.2-13 Notice to voter after change in residence
3-7-38.2-14 Removal of name from registration records due to change in address, failure to
vote, or respond to notice
3-7-38.2-15 Cancellation of registration
3-7-38.2-16 Request of information from federal courts regarding returned mail; provision
of information to county voter registration offices; sending address
confirmation notices
3-7-38.2-16.1 Residency confirmation and outreach procedure
3-7-38.2-17 Residency confirmation and outreach procedure; second mailing; inactive
voters, criteria for determining; removal of voter registration record from
registration records
3-7-38.2-18 Secretary of state to perform duty NVRA official fails to perform

IC 3-7-38.2-1 Removal of ineligible voters from lists due to change of

residence
Sec. 1. As required under 52 U.S.C. 20507(a)(4), the NVRA official and each county
voter registration office shall conduct a general program that makes a reasonable effort to
remove the names of ineligible voters from the official lists of eligible voters due to a change
of residence of the voter.
As added by P.L.3-1997, SEC.104. Amended by P.L.258-2013, SEC.58; P.L.128-2015,
SEC.119.

IC 3-7-38.2-2 Requirements for voter list maintenance programs; county

voter registration office voter list maintenance programs;
inactive voters, criteria for determining; removal of voter
registration record
Sec. 2. (a) Except as provided in subsection (b) or (c), a voter list maintenance program
conducted under this chapter must:
(1) be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of
1965 (52 U.S.C. 10101);
(2) not result in the removal of the name of a person from the official list of voters
solely due to the person's failure to vote; and
(3) be completed not later than ninety (90) days before a primary or general election.
(b) A voter list maintenance program conducted under this chapter in a year other than
a year in which a general election is conducted must:
(1) comply with the requirements set forth in subsection (a)(1) and (a)(2); and

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 (2) be completed not later than twenty-nine (29) days before a municipal election or
special election (other than for a federal office) is conducted.
(c) If a special election is required for a vacancy in a federal office in a year in which a
general election is not conducted, the voter list maintenance program conducted under this
chapter must:
(1) comply with the requirements of subsection (a)(1) and (a)(2); and
(2) be completed not later than ninety (90) days before the date that the special election
is conducted.
A voter list maintenance program may also be conducted under this section in a calendar year
following the date of the special election if the program is completed no later than the
deadline set forth in subsection (a).
(d) A county voter registration office may conduct a voter list maintenance program that
complies with subsection (a). In conducting a voter list maintenance program, the county
voter registration office shall mail a notice described in subsection (f) to each voter whose
registration has not previously been canceled or designated as inactive under this chapter at
the mailing address:
(1) listed in the voter's registration record; and
(2) determined by the county voter registration office not to be the voter's current
residence address.
(e) A county voter registration office may use information only from the following
sources to make the determination under subsection (d)(2):
(1) The United States Postal Service National Change of Address Service.
(2) A court regarding jury duty notices returned because of an unknown or insufficient
address.
(3) The return of a mailing sent by the county voter registration office to all active
voters (as defined in IC 3-11-18.1-2) in the county because of an unknown or
insufficient address.
(4) The bureau of motor vehicles concerning the surrender of a voter's Indiana license
for the operation of a motor vehicle to another jurisdiction.
(5) The return by the United States Postal Service after the expiration of the seven (7)
day pending period of a notice regarding the disposition of a voter registration
application under IC 3-7-33-5 because of an unknown or insufficient address.
(6) The return of a mailing sent to voters of a precinct advising voters of a change of
precinct boundary or the precinct polling place because of an unknown or insufficient
address, if the county sends a similar mailing to the voters of each precinct when a
boundary or polling place is changed.
(7) Information received from the election division under section 5 of this chapter or
section 16 of this chapter.
(8) A declination to register by the voter stating that the voter resides at an address
different from the address on the voter's registration record.
(f) The notice described in subsection (d) must:
(1) be sent by first class United States mail, postage prepaid, by a method that requires
the notice to be forwarded to the voter; and
(2) include a postage prepaid return card that:
(A) is addressed to the county voter registration office;
(B) states a date (which must be at least thirty (30) days after the date the notice is
mailed) by which the card must be returned or the voter's registration will become
inactive until the information is provided to the county voter registration office; and
(C) permits the voter to provide the voter's current residence address.
(g) If a voter returns the card described in subsection (f)(2) and provides a current
residence address that establishes that the voter resides:
(1) in the county, the county voter registration office shall update the voter's registration
record; or

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 (2) outside the county, the county voter registration office shall cancel the voter's
registration.
(h) If a card is returned as undeliverable due to an unknown or insufficient address by the
United States Postal Service after the date specified in subsection (f)(2)(B), the county voter
registration office shall, when registration reopens after the next primary, general, or
municipal election, determine whether the voter voted or appeared to vote from the address
set forth in the registration record at any election occurring after the final day for completing
voter list maintenance activities, and if not, then designate the voter as inactive.
(i) If a voter does not return the card described in subsection (f)(2) by the date specified
in subsection (f)(2)(B), the county voter registration office shall indicate in the voter's
registration record that the voter's registration is inactive.
(j) A voter's registration that becomes inactive under subsection (h) or (i) remains in
inactive status from the date described in subsection (f)(2)(B) until the earlier of the
following:
(1) The date the county voter registration office updates or cancels the voter's
registration under subsection (g) after the voter provides a current residence address.
(2) The day after the second general election in which the voter has not voted or
appeared to vote.
(k) After the date described in subsection (j)(2), the county voter registration office shall
remove the voter's registration from the voter registration records.
As added by P.L.3-1997, SEC.104. Amended by P.L.209-2003, SEC.63; P.L.14-2004,
SEC.49; P.L.164-2006, SEC.33; P.L.1-2007, SEC.1; P.L.258-2013, SEC.59; P.L.64-2014,
SEC.21; P.L.128-2015, SEC.120; P.L.169-2015, SEC.40; P.L.201-2017, SEC.3;
P.L.157-2019, SEC.7; P.L.141-2020, SEC.5.

IC 3-7-38.2-3 Removal of name from registration record during 90 day

period before election
Sec. 3. As provided under 52 U.S.C. 20507(c)(2)(B)(i), this chapter does not prevent the
removal of a voter's name from the voter registration record during the final ninety (90) day
period before a primary, general, or municipal election due to any of the following in
accordance with this article:
(1) The written request of the voter.
(2) Disenfranchisement due to criminal conviction and incarceration.
(3) The death of the voter.
As added by P.L.3-1997, SEC.104. Amended by P.L.209-2003, SEC.64; P.L.164-2006,
SEC.34; P.L.128-2015, SEC.121.

IC 3-7-38.2-4 Correction of registration records; date of birth

Sec. 4. (a) As provided under 52 U.S.C. 20507(c)(2)(B)(ii), this chapter does not prevent
the correction of voter registration records under this article.
(b) This subsection applies to a voter registration record that does not contain a date of
birth or contains a date of birth that is at least one hundred fifteen (115) years or more before
the date of the request. The election division shall request that the bureau of motor vehicles
provide the election division with any information kept by the bureau of motor vehicles that
sets forth the date of birth of the voter. If the election division receives date of birth
information under this subsection, the election division shall forward the information to the
appropriate county voter registration office. The county voter registration office shall:
(1) determine if the information applies to the voter registration record that does not
contain a date of birth or contains a date of birth that is at least one hundred fifteen
(115) years or more before the date of the request; and
(2) if the information applies, amend the voter registration record to contain the correct
date of birth and document the source of the information in the computerized list.
As added by P.L.3-1997, SEC.104. Amended by P.L.209-2003, SEC.65; P.L.164-2006,

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SEC.35; P.L.128-2015, SEC.122; P.L.71-2019, SEC.8.

IC 3-7-38.2-5 Submission of names to change of address service

Sec. 5. To assist in performing voter list maintenance under this chapter, the NVRA
official shall submit the names of all registered voters in Indiana to the United States Postal
Service National Change of Address Service. The submission under this chapter shall be
compiled from the county voter registration information submitted to the election division
under IC 3-7-26.3.
As added by P.L.3-1997, SEC.104. Amended by P.L.209-2003, SEC.66; P.L.164-2006,
SEC.36; P.L.258-2013, SEC.60; P.L.2-2014, SEC.1; P.L.169-2015, SEC.41; P.L.74-2017,
SEC.15; P.L.116-2018, SEC.3; P.L.141-2020, SEC.6.

IC 3-7-38.2-5.1 Memorandum of understanding void

Sec. 5.1. (a) The actions of the NVRA officials to execute a memorandum of
understanding with the Kansas Secretary of State under section 5(d) of this chapter, before
its amendment by the 121st general assembly, are void.
(b) The secretary of state shall promptly notify the Kansas Secretary of State that Indiana
is no longer a party to the memorandum of understanding.
(c) This section has no effect on any voter list maintenance activity undertaken by the
NVRA officials of a county voter registration office before the voiding of the memorandum
of understanding under this section.
(d) The state shall not join or otherwise participate in the activities of any organization
that requires:
(1) the payment of funds to obtain voter registration information from another state; or
(2) the expenditure of funds to engage in activities other than voter list maintenance as
a condition for receiving voter registration information from another state.
As added by P.L.141-2020, SEC.7.

IC 3-7-38.2-5.5 IDEA established; requirements; receiving voter registration

information from other states; confidence factor; cancellation
of duplicate registrations
Sec. 5.5. (a) The Indiana data enhancement association (IDEA) is established. IDEA shall
be administered by the NVRA official in accordance with IC 3-7-11-1.
(b) The NVRA official shall adopt an order for the administration of voter list
maintenance programs to be performed by IDEA. The NVRA official may amend the order.
If the NVRA official does not amend the order when necessary to perform voter list
maintenance duties under this chapter, the secretary of state shall adopt or amend the order
under section 18 of this chapter. The order establishing IDEA, and any amendments to the
order subsequently issued, shall provide the following:
(1) The member states of IDEA are not required to pay to Indiana any fee for the
processing of the data from the member state.
(2) The member states of IDEA are not required to engage in any activity other than
actions necessary to comply with standards for voter list maintenance set forth in the
order as a condition for obtaining data from Indiana or other member states.
(3) The method for a state to join or withdraw from IDEA.
(4) The tenure of the membership of each state and duration of the order.
(5) Indiana shall:
(A) use the confidence factors set forth in subsection (c) to determine whether the
name of an individual registered in that member state appears to be the same as an
individual registered to vote in Indiana or any other member state; and
(B) only forward potential matches of the names of individuals in a state who meet
or exceed the confidence factor threshold under subsection (c).
(6) Any registration data provided to Indiana by another state member:

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 (A) is confidential under Indiana law;
(B) must be safely secured by Indiana for the duration of a particular instance of a
voter list maintenance activity; and
(C) shall be destroyed immediately following the provision of data concerning
potential duplicate voter registrations to IDEA member states.
(7) Any other provisions necessary for the proper and effective administration of IDEA.
(c) Not later than thirty (30) days following the receipt of information under subsection
(b) indicating that a voter of Indiana may also be registered to vote in another state, the
NVRA official shall provide the appropriate county voter registration office with the name
of and any other information obtained under this subsection concerning that voter, if both of
the following apply:
(1) The first name, last name, and date of birth of the Indiana voter is identical to the
first name, last name, and date of birth of the voter registered in the other state.
(2) A comparison of the records indicates that there is a confidence factor that the
records are for the same individual resulting from the accumulation of at least
seventy-five (75) points based on the following criteria:
(A) Full Social Security number: 40 points.
(B) Last four (4) digits of Social Security number: 10 points.
(C) Indiana driver's license or identification card number: 50 points.
(D) Date of birth: 25 points.
(E) Last Name: 15 points.
(F) First Name: 15 points.
(G) Middle Name: 5 points.
(H) Suffix: 5 points.
(I) Street Address 1: 10 points.
(J) Zip Code (first five (5) digits): 5 points.
(d) The county voter registration office shall determine whether the individual:
(1) identified in the report provided by the NVRA official under subsection (c) is the
same individual who is a registered voter of the county;
(2) registered to vote in another state on a date following the date that voter registered
in Indiana; and
(3) authorized the cancellation of any previous registration by the voter when the voter
registered in another state.
(e) If the county voter registration office determines that the voter is described by
subsection (d), the county voter registration office shall cancel the voter registration of that
voter. If the county voter registration office determines that the voter is described by
subsection (d)(1) and (d)(2), but has not authorized the cancellation of any previous
registration, the county voter registration office shall send an address confirmation notice to
the Indiana address of the voter.
(f) The county voter registration office may rely on written information provided either
directly by a voter registration office in another state or forwarded from the election division
from the office in the other state. Information:
(1) provided from the other state to the Indiana county voter registration official; or
(2) forwarded by the election division;
must include a copy of the voter's signed voter registration application which indicates the
individual authorizes cancellation of the individual's previous registration. County voter
registration officials shall review the date the individual registered out of state and the date
the individual registered in Indiana to confirm which registration is more recent when
performing the officials' analysis under this subsection.
As added by P.L.141-2020, SEC.8. Amended by P.L.193-2021, SEC.13; P.L.227-2023,
SEC.32.

IC 3-7-38.2-6 Voters who no longer reside at submitted address

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 Sec. 6. When the names of voters are submitted under section 5 of this chapter, the NVRA
official shall request that the United States Postal Service indicate the voters who no longer
reside at the submitted address. However, the NVRA official shall also request that a voter
who:
(1) has a temporary forwarding order in effect;
(2) is an absent uniformed services voter; or
(3) is an overseas voter;
not be included in the list of voters who no longer reside at the submitted address.
As added by P.L.3-1997, SEC.104. Amended by P.L.258-2013, SEC.61.

IC 3-7-38.2-7 Use of postal service's change of address information

Sec. 7. As permitted under 52 U.S.C. 20507(c)(1), the NVRA official (or a contractor
retained by the election division under this chapter) shall use change of address information
supplied by the United States Postal Service through the Postal Service’s licensee to identify
a voter whose residence may have changed.
As added by P.L.3-1997, SEC.104. Amended by P.L.128-2015, SEC.123.

IC 3-7-38.2-7.5 Identification of voters registered in more than one state;

provision of information to county voter registration offices
Sec. 7.5. The NVRA official shall do both of the following:
(1) Compare the lists of voters provided by another state with the list of registered
voters in Indiana to identify any individuals who may be registered to vote in more than
one (1) state.
(2) Provide each county voter registration office with a list of potential duplicate
registrations not later than thirty (30) days after receipt of a list of voters of a state.
As added by P.L.258-2013, SEC.62. Amended by P.L.141-2020, SEC.9.

IC 3-7-38.2-8 Notice to county voter registration offices of changes in

residence of voters
Sec. 8. At least once each month, the NVRA official shall notify each county voter
registration office of voters within the county whose residences may have changed according
to information supplied under this chapter.
As added by P.L.3-1997, SEC.104. Amended by P.L.258-2013, SEC.63; P.L.64-2014,
SEC.22.

IC 3-7-38.2-9 Registration records for overseas or uniformed services voters

Sec. 9. (a) This section applies to an absent uniformed services voter or an overseas voter
with an address in the county's voter registration record that does not include an "APO" or
"FPO" designation.
(b) If a county voter registration office:
(1) is advised under this chapter that the voter's residence may have changed; and
(2) determines that the voter is subject to this section;
the voter registration office may disregard the notification of change of residence and is not
required to act under this chapter concerning the voter's registration.
As added by P.L.3-1997, SEC.104. Amended by P.L.216-2015, SEC.4.

IC 3-7-38.2-10 Voter moves from current registration address; change in

registration record
Sec. 10. (a) As provided in 52 U.S.C. 20507(c)(1)(B)(i), if the county voter registration
office determines from information provided under this chapter that a voter has moved to an
address different from the address where voter is currently registered, the voter registration
office shall:
(1) change the registration record to show the new address; and

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 (2) send the voter a notice of the change;
if the information provided under this chapter includes a forwarding address.
(b) If the information provided under this chapter:
(1) indicates that a voter has moved to an address different from the address where the
voter is currently registered; and
(2) does not include a forwarding address;
the county voter registration office shall indicate on the registration record that the voter is
an inactive voter at that address and shall remove the voter's name from the registration rolls
under the procedures of this chapter if the voter has not voted, appeared to vote, or has failed
to correct the voter registration record within the period described in section 14(2)(B) of this
chapter.
As added by P.L.3-1997, SEC.104. Amended by P.L.38-1999, SEC.15; P.L.128-2015,
SEC.124.

IC 3-7-38.2-11 Notice to county voter registration offices of change in

residence; requirements
Sec. 11. The notice under section 8 of this chapter must be:
(1) a postage prepaid pre-addressed return form that permits the voter to verify or
correct the address information; and
(2) sent by forwardable mail.
As added by P.L.3-1997, SEC.104.

IC 3-7-38.2-12 Change of address to residence outside county

Sec. 12. As provided in 52 U.S.C. 20507(c)(1)(B)(ii), if the county voter registration
office determines from information provided under this chapter that a voter has moved to a
different residence address that is not located in the same county in which the voter is
currently registered, the voter registration office shall cancel the voter’s registration if the
change of address to a residence outside the county is confirmed.
As added by P.L.3-1997, SEC.104. Amended by P.L.128-2015, SEC.125.

IC 3-7-38.2-13 Notice to voter after change in residence

Sec. 13. After the county voter registration office has determined under this chapter that
a voter’s residence may have changed, the election division shall send a notice to the voter
that sets forth substantially the following statements as provided in 52 U.S.C. 20507(d)(2):
(1) If the voter did not change the voter’s residence or changed the residence but
remained in the same county where the voter was listed on the voter registration record,
the voter must return the card enclosed with the notice in person to the county voter
registration office not later than twenty-nine (29) days before the election or by regular
United States mail:
(A) with a postmark not later than twenty-nine (29) days before the election; or
(B) if a postmark is missing or illegible, to the county voter registration office not
later than twenty-one (21) days before the election.
(2) If the card is not returned under subdivision (1), the voter must affirm or confirm
the voter’s address before the voter is permitted to vote in an election during the period:
(A) beginning on the date of the notice; and
(B) ending on the day after the date of the second general election scheduled to occur
after the date of the notice.
(3) If the voter does not vote in an election described in subdivision (2), the voter’s
name will be removed from the voter registration list.
(4) If the voter changed residence to a place outside the county in which the voter is
included on the voter registration list, information concerning how the voter can
continue to be eligible to vote in the county where the voter currently resides.
As added by P.L.3-1997, SEC.104. Amended by P.L.38-1999, SEC.16; P.L.14-2004,

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SEC.50; P.L.128-2015, SEC.126.

IC 3-7-38.2-14 Removal of name from registration records due to change in

address, failure to vote, or respond to notice
Sec. 14. As required under 52 U.S.C. 20507(d)(1), a county voter registration office shall
not remove the name of a voter from the voter registration records due to the voter’s change
of residence unless the voter:
(1) confirms in writing that the voter has changed residence to a location outside the
county in which the voter is currently registered; or
(2) has:
(A) failed to respond to a notice sent under section 13 of this chapter; and
(B) not voted (or appeared to vote or to correct the registration record stating the
voter’s address) in an election during the period:
(i) beginning on the date of the notice; and
(ii) ending on the day after the date of the second general election that occurs after
the date of the notice.
As added by P.L.3-1997, SEC.104. Amended by P.L.128-2015, SEC.127.

IC 3-7-38.2-15 Cancellation of registration

Sec. 15. At the expiration of the period ending thirty (30) days after the second general
election following the date on which notices are mailed to a voter described in section 14(2)
of this chapter, the county voter registration office shall cancel the registration of a voter who
has not responded to the notice sent under section 13 of this chapter.
As added by P.L.3-1997, SEC.104. Amended by P.L.38-1999, SEC.17.

IC 3-7-38.2-16 Request of information from federal courts regarding returned

mail; provision of information to county voter registration
offices; sending address confirmation notices
Sec. 16. The NVRA official shall, not later than January 31 of each even numbered year,
request information from the:
(1) United States District Court for the Northern District of Indiana; and
(2) United States District Court for the Southern District of Indiana;
concerning the return of U.S. mail sent by the court for jury selection purposes. Not later than
twenty-eight (28) days following the primary election conducted in that year, the state shall
provide each county voter registration office with information concerning any registered
voter who appears to no longer reside at the address set forth in the voter's registration record
due to a mailing returned to the courts. Not later than forty-two (42) days following the
primary election conducted in that year, the county voter registration office shall send an
address confirmation notice to the voter described by this subsection at the voter's mailing
address.
As added by P.L.3-1997, SEC.104. Amended by P.L.258-2013, SEC.64; P.L.64-2014,
SEC.23; P.L.169-2015, SEC.42; P.L.201-2017, SEC.4.

IC 3-7-38.2-16.1 Residency confirmation and outreach procedure

Sec. 16.1. During each odd-numbered year, the NVRA official shall conduct a residency
confirmation and outreach procedure under this chapter. The NVRA official (or a contractor
acting on behalf of the NVRA official) shall send a nonforwardable mailing by U.S. mail,
postage prepaid, to each active voter (as defined in IC 3-11-18.1-2) in Indiana at the voter's
mailing address.
As added by P.L.201-2017, SEC.5. Amended by P.L.278-2019, SEC.16.

IC 3-7-38.2-17 Residency confirmation and outreach procedure; second

mailing; inactive voters, criteria for determining; removal of

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 voter registration record from registration records
Sec. 17. (a) If the mailing to a voter sent under section 16.1 of this chapter is returned by
the United States Postal Service because of an unknown or insufficient address, the NVRA
official shall mail a second notice to the voter. The notice must meet the following
requirements:
(1) Be sent by first class, United States mail, postage prepaid, by a method that requires
the notice to be forwarded to the voter.
(2) Include a postage prepaid return card that:
(A) is addressed to the NVRA official;
(B) states a date (which must be at least thirty (30) days after the date the notice was
mailed) by which the card must be returned or the voter's registration will become
inactive until the information is provided to the county voter registration office; and
(C) permits the voter to provide the voter's current residence address.
(b) If a voter returns the card described in subsection (a)(2) and provides a current
residence address that establishes that the voter resides:
(1) in the same county, the county voter registration office shall update the voter's
registration record; or
(2) outside the county, the county voter registration office shall cancel the voter's
registration.
(c) If a voter returns the card described in subsection (a)(2) with a request that the voter's
registration record at an address be canceled, the county voter registration office shall
proceed to cancel the registration under section 3 of this chapter.
(d) If a card is returned not later than the date specified in subsection (a)(2)(B) as
undeliverable because of an unknown or insufficient address, the county voter registration
office shall designate the voter as inactive.
(e) If a card is returned by the United States Postal Service after the date specified in
subsection (a)(2)(B) as undeliverable because of an unknown or insufficient address, the
county voter registration office shall, when registration reopens after the next primary,
general, or municipal election, determine whether the voter voted or appeared to vote from
the address set forth in the registration record at any election occurring after the final day for
completing voter list maintenance activities, and if not, designate the voter as inactive.
(f) If a voter does not return the card described in subsection (a)(2) by the date specified
in subsection (a)(2)(B), the county voter registration office shall indicate in the voter's
registration record that the voter's registration is inactive.
(g) A voter's registration that becomes inactive under subsections (d) through (f) remains
in inactive status from the date described in subsection (a)(2)(B) until the earlier of the
following:
(1) The date the county voter registration office updates or cancels the voter's
registration under subsection (b) after the voter provides a current residence address.
(2) The day after the second general election in which the voter has not voted or
appeared to vote.
(h) After the day described in subsection (g)(2), the county voter registration office shall
remove the voter's registration from the voter registration records not later than thirty (30)
days after the second general election following the date on which notices are mailed to a
voter under section 16.1 of this chapter.
As added by P.L.3-1997, SEC.104. Amended by P.L.38-1999, SEC.18; P.L.64-2014,
SEC.24; P.L.74-2017, SEC.16; P.L.201-2017, SEC.6.

IC 3-7-38.2-18 Secretary of state to perform duty NVRA official fails to

perform
Sec. 18. If the NVRA official does not perform a duty in accordance with this chapter, the
secretary of state shall perform the duty.
As added by P.L.153-2013, SEC.3.

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IC 3-7-39 Chapter 39. Address Changes by Voter on Registration
Records

3-7-39-1 Duty of voter to transfer registration

3-7-39-2 Change of address within same county
3-7-39-3 Signature required
3-7-39-4 Receipt and placement of change of address forms
3-7-39-5 Registration to be transferred after change of address within same county
3-7-39-6 Cancellation of registration in county of previous residence
3-7-39-7 Change of address within same precinct as former residence; exception
3-7-39-8 Change of address to different precinct in same county
3-7-39-9 Change of address at license branch not intended for voter registration
purposes
3-7-39-10 Record amended from form submitted at license branch; voter moving to
another state
3-7-39-11 Record amended from form submitted at voter registration office
3-7-39-12 Record amended from form submitted by mail

IC 3-7-39-1 Duty of voter to transfer registration

Sec. 1. A voter who changes residence shall transfer the voter's registration to the address
where the voter currently resides by sending a transfer of registration on a prescribed form
to the circuit court clerk or board of registration.
As added by P.L.12-1995, SEC.49.

IC 3-7-39-2 Change of address within same county

Sec. 2. A voter may change the residence address on the voter's registration to an address
within the same county at any time during the registration period prescribed in this article.
The circuit court clerk or board of registration shall receive and execute transfers during
regular office hours.
As added by P.L.12-1995, SEC.49.

IC 3-7-39-3 Signature required

Sec. 3. A change of address within a county by a voter must be signed in ink or with an
indelible pencil.
As added by P.L.12-1995, SEC.49. Amended by P.L.2-1996, SEC.71.

IC 3-7-39-4 Receipt and placement of change of address forms

Sec. 4. Upon receipt of a properly executed change of address form, the circuit court clerk
or board of registration shall place the form in the proper precinct registration record and
enter the change in any computerized record.
As added by P.L.12-1995, SEC.49.

IC 3-7-39-5 Registration to be transferred after change of address within

same county
Sec. 5. Upon receiving a properly executed affidavit for transfer of registration under
IC 3-10-11 or IC 3-10-12 from a person whose new residence is in the same county as the
former residence, the circuit court clerk or the board of registration shall transfer the person's
registration to the proper precinct in the county as soon as the transfer is permitted under this
article.
As added by P.L.12-1995, SEC.49.

IC 3-7-39-6 Cancellation of registration in county of previous residence

Sec. 6. (a) A voter who has changed residence from the county in which the voter is
registered to another county must give the voter's most recent previous address, listed on a
form prescribed under this article.

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 (b) Completion of the form constitutes an authorization of cancellation of registration in
each county of previous residence listed on the form.
(c) This subsection applies to a county that has adopted an order under IC 3-7-29-6 or is
a vote center county under IC 3-11-18.1-1. A voter described in subsection (a) may make a
written affirmation of the voter's change of residence on election day using the affidavit
described by IC 3-10-11-4. If the voter makes an oral affirmation under this subsection, the
poll clerks shall reduce the substance of the affirmation to writing using the affidavit
described by IC 3-10-11-4 and initial the affirmation.
As added by P.L.12-1995, SEC.49. Amended by P.L.3-1995, SEC.44; P.L.169-2015,
SEC.43; P.L.74-2017, SEC.17.

IC 3-7-39-7 Change of address within same precinct as former residence;

exception
Sec. 7. (a) This section applies to a voter who changes residence to an address in the same
precinct where the voter's former residence was located, except for a voter who changes
residence from a location within a municipality to a location outside of the municipality but
within the same precinct.
(b) As required under 52 U.S.C. 20507(e)(1), a voter described in subsection (a) may vote
at the precinct polling place after the voter makes an oral or a written affirmation of the
change of address before a member of the precinct election board.
(c) A person entitled to make a written affirmation under subsection (b) may make an oral
affirmation. The person must make the oral affirmation before the poll clerks of the precinct.
After the person makes an oral affirmation under this subsection, the poll clerks shall:
(1) reduce the substance of the affirmation to writing at an appropriate location on the
poll list; and
(2) initial the affirmation.
(d) This subsection applies to a county that has adopted an order under IC 3-7-29-6(a)(1)
or is a vote center county under IC 3-11-18.1. A voter described in subsection (a) may make
a written affirmation of the voter's change of residence on election day using the affidavit
prescribed by the election division under IC 3-10-11-6. If the voter makes an oral affirmation
under this subsection, the poll clerks shall reduce the substance of the affirmation to writing
using the affidavit prescribed by the commission under IC 3-10-11-6 and initial the
affirmation.
As added by P.L.12-1995, SEC.49. Amended by P.L.64-2014, SEC.25; P.L.128-2015,
SEC.128; P.L.169-2015, SEC.44; P.L.157-2019, SEC.8.

IC 3-7-39-8 Change of address to different precinct in same county

Sec. 8. (a) This section applies to a voter who changes residence from a precinct in a
county to another precinct in the same county.
(b) As required under 52 U.S.C. 20507(f), the county voter registration office:
(1) shall correct the address shown on the voter registration records for a voter subject
to this section; and
(2) may not remove the voter from the voter registration records due to a change of
address, except as provided in this title.
(c) A voter described in this section, who is otherwise eligible to vote, may vote as
provided in IC 3-10-11 or IC 3-10-12.
As added by P.L.12-1995, SEC.49. Amended by P.L.164-2006, SEC.37; P.L.128-2015,
SEC.129.

IC 3-7-39-9 Change of address at license branch not intended for voter

registration purposes
Sec. 9. As provided in 52 U.S.C. 20504(d), a voter may indicate on a change of address
form submitted at a license branch that the change of address is not intended to be used for

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voter registration purposes. A circuit court clerk or board of registration may not change an
address on a voter registration record if the change is contrary to the voter's instructions
under this section.
As added by P.L.12-1995, SEC.49. Amended by P.L.128-2015, SEC.130.

IC 3-7-39-10 Record amended from form submitted at license branch; voter

moving to another state
Sec. 10. Except as provided in section 9 of this chapter, and as required under 52 U.S.C.
20504(a)(2), the county voter registration office shall:
(1) amend a voter's registration record under this chapter to reflect information stated
by the voter on a registration form submitted at a license branch; and
(2) if the information received from a license branch indicates that the voter has moved
from Indiana to another state, send a notice to the voter as provided by IC 3-7-38.2-2.
As added by P.L.12-1995, SEC.49. Amended by P.L.128-2015, SEC.131; P.L.169-2015,
SEC.45; P.L.9-2022, SEC.2.

IC 3-7-39-11 Record amended from form submitted at voter registration

office
Sec. 11. The circuit court clerk or board of registration shall amend a voter's registration
record under this chapter to reflect information stated by the voter on a registration form
submitted at a voter registration office established under this article.
As added by P.L.12-1995, SEC.49.

IC 3-7-39-12 Record amended from form submitted by mail

Sec. 12. As required under 52 U.S.C. 20505(a)(3), the circuit court clerk or board of
registration shall amend a voter's registration record under this chapter to reflect information
stated by a voter on a registration by mail form.
As added by P.L.12-1995, SEC.49. Amended by P.L.128-2015, SEC.132.

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IC 3-7-40 Chapter 40. Address Changes by Governmental Agencies on
Registration Records

3-7-40-1 Repealed
3-7-40-2 Repealed
3-7-40-3 Duty of local officials to report address changes
3-7-40-4 Submission of rural route addresses to Postal Service
3-7-40-5 Replacement of converted rural route addresses
3-7-40-6 Duties upon notice of converted rural route addresses, discontinuance of
delivery to post office boxes, renaming or renumbering of addresses
3-7-40-7 Repealed
3-7-40-8 Notification by local public official or plan commission; amendment of voter's
entry in computerized list

IC 3-7-40-1 Repealed
As added by P.L.12-1995, SEC.50. Repealed by P.L.4-1996, SEC.108.

IC 3-7-40-2 Repealed
As added by P.L.12-1995, SEC.50. Amended by P.L.209-2003, SEC.67. Repealed by
P.L.164-2006, SEC.143.

IC 3-7-40-3 Duty of local officials to report address changes

Sec. 3. The local public officials (or plan commission under IC 36-7-4-405) responsible
for:
(1) naming or renaming streets;
(2) numbering or renumbering lots or structures; and
(3) converting rural route addresses to numbered addresses;
shall report the changes to the county voter registration office not later than the last day of
the month following the month in which the change was made.
As added by P.L.12-1995, SEC.50. Amended by P.L.225-2011, SEC.22.

IC 3-7-40-4 Submission of rural route addresses to Postal Service

Sec. 4. The NVRA official may submit to the United States Postal Service a list of the
names and addresses of voters with rural route addresses.
As added by P.L.12-1995, SEC.50. Amended by P.L.2-1996, SEC.72; P.L.209-2003,
SEC.68; P.L.164-2006, SEC.38.

IC 3-7-40-5 Replacement of converted rural route addresses

Sec. 5. If the information is submitted under section 4 of this chapter, the NVRA official
shall request that the United States Postal Service indicate the rural route addresses that have
been converted and the numbered addresses that replace the converted rural route addresses.
As added by P.L.12-1995, SEC.50. Amended by P.L.2-1996, SEC.73.

IC 3-7-40-6 Duties upon notice of converted rural route addresses,

discontinuance of delivery to post office boxes, renaming or
renumbering of addresses
Sec. 6. When notified by:
(1) the NVRA official of a conversion from rural route addresses to numbered
addresses under this chapter;
(2) the United States Postal Service of a conversion from rural route addresses to
numbered addresses;
(3) the United States Postal Service that mail delivery to postal boxes located in a
United States Postal Service facility will be discontinued and replaced by residential
delivery; or

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 (4) a local public official (or plan commission) under section 3 of this chapter of:
(A) the naming or renaming of streets;
(B) the numbering or renumbering of lots or structures; or
(C) the conversion of rural route addresses to numbered addresses;
the county voter registration office shall, as soon as practicable, amend the entry for the voter
in the computerized list under IC 3-7-26.3.
As added by P.L.12-1995, SEC.50. Amended by P.L.2-1996, SEC.74; P.L.209-2003,
SEC.69; P.L.164-2006, SEC.39; P.L.225-2011, SEC.23; P.L.64-2014, SEC.26;
P.L.278-2019, SEC.17.

IC 3-7-40-7 Repealed
As added by P.L.12-1995, SEC.50. Amended by P.L.209-2003, SEC.70. Repealed by
P.L.164-2006, SEC.143.

IC 3-7-40-8 Notification by local public official or plan commission;

amendment of voter's entry in computerized list
Sec. 8. When notified by a local public official or plan commission under section 3 of this
chapter, the county voter registration office shall, as soon as practicable, amend the entry for
the voter in the computerized list under IC 3-7-26.3 to be consistent with the information
submitted under section 3 of this chapter.
As added by P.L.76-2014, SEC.9.

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IC 3-7-40.5 Chapter 40.5. Changes in Registration Records to Update
Signature of Voter

3-7-40.5-1 Applicability; missing or destruction of voter's original signature; scanning

copy of original signature
3-7-40.5-2 Updating copy of voter's original signature in computerized list

IC 3-7-40.5-1 Applicability; missing or destruction of voter's original

signature; scanning copy of original signature
Sec. 1. (a) This section applies when a county voter registration office determines that the
original signature of a voter on a voter registration application previously approved by the
county voter registration office is missing or has been destroyed.
(b) The county voter registration office may scan a copy of the voter's original signature
from a poll list or other document maintained by the county election board or the county
voter registration office into the computerized list to generate a copy of the signature for
printing on a poll list or for an electronic poll book.
As added by P.L.64-2014, SEC.27.

IC 3-7-40.5-2 Updating copy of voter's original signature in computerized list

Sec. 2. (a) The county voter registration office may update the copy of the voter's original
signature in the computerized list established under IC 3-7-26.3 for printing on a poll list or
for an electronic poll book from any of the following that is maintained by a county election
board or the county voter registration official:
(1) A poll list.
(2) A voter registration application or an address confirmation notice under
IC 3-7-38.2.
(3) An affidavit prescribed by the election division under IC 3-10-11 and IC 3-10-12.
(4) A document prescribed by the election division for absentee voting under
IC 3-11-4.
(b) A document described in subsection (a) may be either on paper or in an electronic
format that is submitted through a module of the computerized list.
As added by P.L.227-2023, SEC.33.

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IC 3-7-41 Chapter 41. Name Changes on Registration Records

3-7-41-1 Name change

3-7-41-2 Transfer of previous registration records; change effective immediately
3-7-41-3 Change made to voter's registration record
3-7-41-4 Record amended from form submitted at license branch
3-7-41-5 Record amended from form submitted at voter registration office
3-7-41-6 Record amended from form submitted by mail

IC 3-7-41-1 Name change

Sec. 1. A voter whose name is changed may vote at the election by filing with the circuit
court clerk or board of registration a verified statement.
As added by P.L.12-1995, SEC.51. Amended by P.L.3-1995, SEC.45.

IC 3-7-41-2 Transfer of previous registration records; change effective

immediately
Sec. 2. (a) The statement described in section 1 of this chapter may be filed with the
county voter registration office at any time.
(b) A voter who wishes to indicate that the voter's name has changed may also write the
necessary information concerning the name change on the poll list under IC 3-11-8-25.1
before the person receives a ballot. The change of name on the voter registration record is
effective immediately, and the person may then vote if otherwise qualified.
(c) This subsection applies to a county that has adopted an order under IC 3-7-29-6(a)(1)
or is a vote center county under IC 3-11-18.1. A voter described in subsection (b) may
indicate that the voter's name has changed by writing the necessary information concerning
the name change on election day using the affidavit prescribed by the election division under
IC 3-10-11-6. The poll clerks shall initial the affirmation. The change of name on the voter
registration record is effective immediately, and the person may then vote if otherwise
qualified.
As added by P.L.12-1995, SEC.51. Amended by P.L.3-1997, SEC.105; P.L.164-2006,
SEC.40; P.L.64-2014, SEC.28; P.L.169-2015, SEC.46.

IC 3-7-41-3 Change made to voter's registration record

Sec. 3. (a) If a voter indicates a change of name on the poll list under section 2 of this
chapter, the county voter registration office shall change the name of the voter on the
registration record of the precinct.
(b) This subsection applies to a county that has adopted an order under IC 3-7-29-6 or is
a vote center county under IC 3-11-18.1-1. A voter described in subsection (a) may make a
written affirmation of the voter's change of name on election day using the affidavit described
by IC 3-10-11-4. If the voter makes an oral affirmation under this subsection, the poll clerks
shall reduce the substance of the affirmation to writing using the affidavit described by
IC 3-10-11-4 and initial the affirmation.
As added by P.L.12-1995, SEC.51. Amended by P.L.3-1997, SEC.106; P.L.169-2015,
SEC.47.

IC 3-7-41-4 Record amended from form submitted at license branch

Sec. 4. As required under 52 U.S.C. 20504(a)(2), the circuit court clerk or board of
registration shall amend a voter's registration record under this chapter to reflect information
stated by the voter on a registration form submitted at a license branch.
As added by P.L.12-1995, SEC.51. Amended by P.L.128-2015, SEC.133.

IC 3-7-41-5 Record amended from form submitted at voter registration

office

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 Sec. 5. The circuit court clerk or board of registration shall amend a voter's registration
record under this chapter to reflect information stated by the voter on a registration form
submitted at a voter registration office established under this article.
As added by P.L.12-1995, SEC.51.

IC 3-7-41-6 Record amended from form submitted by mail

Sec. 6. The circuit court clerk or board of registration shall amend a voter's registration
record under this chapter to reflect information stated by a voter on a registration by mail
form.
As added by P.L.12-1995, SEC.51.

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IC 3-7-42 Chapter 42. Changes in Registration Records Due to Precinct
Boundary Changes

3-7-42-1 Applicability of chapter

3-7-42-2 Transfer of previous registration records
3-7-42-3 Time for transfer
3-7-42-4 County voter registration office to make appropriate changes to affidavit or
form

IC 3-7-42-1 Applicability of chapter

Sec. 1. This chapter applies whenever a county executive establishes new precincts under
IC 3-11-1.5.
As added by P.L.12-1995, SEC.52.

IC 3-7-42-2 Transfer of previous registration records

Sec. 2. If the county executive establishes any precincts under IC 3-11-1.5 so that voters
who would not otherwise be required to register are transferred to or included within a
precinct other than the precinct in which the voters were registered and voted at the last
election, the circuit court clerk or board of registration shall transfer the affidavits of
registration from the precinct registration record in which the affidavits are filed to the
precinct registration record in which the affidavits belong.
As added by P.L.12-1995, SEC.52.

IC 3-7-42-3 Time for transfer

Sec. 3. The transfer may be made at any time after the order establishing the precincts
becomes effective and before the day on which the clerk or board is required to deliver the
copy of the registration record or certified copies to the inspectors of the precincts.
As added by P.L.12-1995, SEC.52.

IC 3-7-42-4 County voter registration office to make appropriate changes

to affidavit or form
Sec. 4. At the time of transfer, the county voter registration office shall amend the entry
for the voter in the computerized list under IC 3-7-26.3.
As added by P.L.12-1995, SEC.52. Amended by P.L.209-2003, SEC.71; P.L.164-2006,
SEC.41; P.L.64-2014, SEC.29.

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IC 3-7-43 Chapter 43. Removal From Registration Records Due to
Request of Voter

3-7-43-1 Removal of name at voter's request

3-7-43-2 Written request required
3-7-43-3 Time for request; cancellation of previous registrations; forwarding notices to
appropriate county voter registration office
3-7-43-4 Cancellation of registration; move to another county
3-7-43-5 Cancellation of registration; move to another state
3-7-43-6 Cancellation of registration at voter's request; time to process request;
transmittal of request; retention of records
3-7-43-7 Removal and cancellation of affidavit
3-7-43-8 Cancellation to be sent to proper jurisdiction if registration contains
out-of-state address

IC 3-7-43-1 Removal of name at voter's request

Sec. 1. As provided by 52 U.S.C. 20507(a)(3)(A), a circuit court clerk or board of
registration may remove the name of a voter from the official list of registered voters at the
voter's request.
As added by P.L.12-1995, SEC.53. Amended by P.L.128-2015, SEC.134.

IC 3-7-43-2 Written request required

Sec. 2. A request from a voter under this chapter must be in writing and may be on a form
prescribed by the election division or other forms provided by the circuit court clerk or board
of registration (including jury notices) if the voter signs the request for removal.
As added by P.L.12-1995, SEC.53. Amended by P.L.2-1996, SEC.75; P.L.169-2015, SEC.48.

IC 3-7-43-3 Time for request; cancellation of previous registrations;

forwarding notices to appropriate county voter registration
office
Sec. 3. (a) A request from a voter under this chapter may be made when the voter registers
in another county in Indiana or in a jurisdiction outside of Indiana. A registration form under
this section must be signed by the voter or, if not signed by the voter, after the NVRA official
notifies the county voter registration office that the jurisdiction where the voter has registered
has provided the election division with written notice of the voter's registration in the
jurisdiction and request for cancellation of previous registrations.
(b) The election division shall forward a copy of the notice to the appropriate county voter
registration office.
As added by P.L.12-1995, SEC.53. Amended by P.L.2-1996, SEC.76; P.L.209-2003, SEC.72.

IC 3-7-43-4 Cancellation of registration; move to another county

Sec. 4. (a) This section applies only to a person who has:
(1) moved from the county where the person is registered to another county in Indiana;
and
(2) executed an affidavit under IC 3-10-11.
(b) Execution by a person of the affidavit constitutes authorization by the person to cancel
the person's registration in the county of the person's former residence.
(c) The circuit court clerk or the board of registration of the county of the person's former
residence shall mail the original affidavit of registration and the affidavit executed under
IC 3-10-11 within thirty (30) days after the beginning of the next registration period to the
clerk or board in the county in which the person currently resides, as shown by the affidavit.
(d) Upon receiving the affidavits sent under subsection (c), the clerk or board of the
county in which the person currently resides shall transfer the person's registration to the
proper precinct registration record in the county.

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 (e) Upon mailing the person's affidavits to another county under this section, the person's
registration in the county of the person's former residence shall be canceled.
As added by P.L.12-1995, SEC.53.

IC 3-7-43-5 Cancellation of registration; move to another state

Sec. 5. (a) This section applies only to a person who has:
(1) moved from Indiana to another state; and
(2) executed an affidavit under IC 3-10-10.
(b) Execution by a person of the affidavit under IC 3-10-10 constitutes authorization by
the person to cancel the person's registration in the county of the person's former residence.
As added by P.L.12-1995, SEC.53.

IC 3-7-43-6 Cancellation of registration at voter's request; time to process

request; transmittal of request; retention of records
Sec. 6. (a) This section applies to a voter who requests a cancellation of voter registration
under IC 3-7-39-6.
(b) The county voter registration office of the county in which a voter registers shall send
the authorization of cancellation to the county voter registration office using the
computerized list, on an expedited basis, as required by IC 3-7-26.3. A county voter
registration office is not required to forward a paper copy of the request for cancellation of
registration to another county voter registration office if the authorization of cancellation has
been transmitted to the other county voter registration office using the computerized list. The
county voter registration office shall retain the paper copy of the request for cancellation for
the two (2) year period required under 52 U.S.C. 20701.
As added by P.L.12-1995, SEC.53. Amended by P.L.209-2003, SEC.73; P.L.164-2006,
SEC.42; P.L.219-2013, SEC.14; P.L.128-2015, SEC.135.

IC 3-7-43-7 Removal and cancellation of affidavit

Sec. 7. The county voter registration office shall cancel the affidavit of registration and
enter the date and other information concerning the cancellation in the computerized list
under IC 3-7-26.3.
As added by P.L.12-1995, SEC.53. Amended by P.L.209-2003, SEC.74; P.L.164-2006,
SEC.43.

IC 3-7-43-8 Cancellation to be sent to proper jurisdiction if registration

contains out-of-state address
Sec. 8. (a) If either of the addresses given by a person under IC 3-7-39 is outside Indiana,
the county voter registration office shall send the authorization of cancellation to the election
division on an expedited basis.
(b) The election division shall promptly send the authorization to the voter registration
office of the political subdivision that has jurisdiction over the address.
As added by P.L.12-1995, SEC.53. Amended by P.L.3-1997, SEC.107; P.L.209-2003,
SEC.75; P.L.164-2006, SEC.44.

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IC 3-7-44 Chapter 44. Repealed
Repealed by P.L.4-1996, SEC.108.

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IC 3-7-45 Chapter 45. Removal From Registration Records Due to Death

3-7-45-1 Removal of name

3-7-45-2 Repealed
3-7-45-2.1 Coordination of statewide voter registration list with Indiana department of
health to remove names of deceased voters; cancellation of voter registration
of deceased voters
3-7-45-2.2 Cancellation of voter registration based on information from bureau of motor
vehicles
3-7-45-3 Cancellation of registration
3-7-45-4 Cancellation after receipt of death certificate or certain other information
3-7-45-5 Acquiring information from other states, STEVE, and EVVE
3-7-45-6 Repealed
3-7-45-6.1 Information regarding deceased voters from Social Security Administration;
cancellation of registrations
3-7-45-7 Voter erroneously identified as deceased
3-7-45-8 Notice of names of deceased voters

IC 3-7-45-1 Removal of name

Sec. 1. The name of a voter who dies shall be removed from the registration records as
provided in this chapter.
As added by P.L.12-1995, SEC.55.

IC 3-7-45-2 Repealed
As added by P.L.12-1995, SEC.55. Amended by P.L.4-1996, SEC.22; P.L.199-2001,
SEC.12; P.L.209-2003, SEC.76. Repealed by P.L.164-2006, SEC.143.

IC 3-7-45-2.1 Coordination of statewide voter registration list with Indiana

department of health to remove names of deceased voters;
cancellation of voter registration of deceased voters
Sec. 2.1. (a) As required under 52 U.S.C. 21083, the election division shall coordinate
the computerized list generated by the statewide voter registration system under IC 3-7-26.3
with the Indiana department of health to permit a county voter registration office to cancel
the registration records of deceased individuals on an expedited basis.
(b) The Indiana department of health shall report to the election division, by county, the
names, ages, and known residence addresses of all persons who:
(1) died within Indiana but outside the county of residence; and
(2) maintained a residence address within the county during the two (2) years preceding
the date of death.
(c) Each county health officer and municipal health officer shall report to the Indiana
department of health the names, ages, and known voting addresses in the county of all
persons:
(1) who have died within the jurisdiction of the officer; or
(2) for whom burial permits have been issued by the officer.
The Indiana department of health shall report this information to the election division.
(d) The Indiana department of health shall report to the election division, by county, the
names, ages, and known residence addresses of all persons:
(1) who died outside Indiana;
(2) who maintained a residence address within the county during the two (2) years
preceding the date of death; and
(3) whose names were supplied to the Indiana department of health under an agreement
made under section 5 of this chapter.
(e) The county voter registration office shall request a copy of the death records filed
quarterly by the local health department with the county auditor under IC 16-37-3-9(d). If a
voter is identified as deceased in the death records, the county voter registration office shall

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cancel the voter registration record of that individual in conformity with section 3 of this
chapter.
As added by P.L.209-2003, SEC.77. Amended by P.L.164-2006, SEC.45; P.L.64-2014,
SEC.30; P.L.128-2015, SEC.136; P.L.138-2019, SEC.1; P.L.56-2023, SEC.3.

IC 3-7-45-2.2 Cancellation of voter registration based on information from

bureau of motor vehicles
Sec. 2.2. The election division shall coordinate the computerized list described in section
2.1 of this chapter with the bureau of motor vehicles to permit a county voter registration
office to cancel on an expedited basis the registration record of an individual who is reported
deceased by the bureau of motor vehicles.
As added by P.L.64-2014, SEC.31.

IC 3-7-45-3 Cancellation of registration

Sec. 3. As required by 52 U.S.C. 21083, after receipt of the reports required by section
2.1 or 2.2 of this chapter, each county voter registration office shall cancel the registration
of each deceased person listed in the reports.
As added by P.L.12-1995, SEC.55. Amended by P.L.209-2003, SEC.78; P.L.164-2006,
SEC.46; P.L.64-2014, SEC.32; P.L.128-2015, SEC.137.

IC 3-7-45-4 Cancellation after receipt of death certificate or certain other

information
Sec. 4. (a) Except as provided in subsection (c), a county voter registration office shall
cancel the registration of a deceased person after receiving a copy of the deceased person's
death certificate on an expedited basis, as required under 52 U.S.C. 21083. The county voter
registration office shall enter the date and other information regarding the cancellation into
the computerized list under IC 3-7-26.3.
(b) Except as provided in subsection (c), a county voter registration office shall cancel the
registration of a deceased person after receiving a copy of an obituary, notice of estate
administration, or other notice of death of that person published:
(1) in a newspaper in which a legal notice may be published under IC 5-3-1; or
(2) on an Internet web site by a person licensed under IC 25-15.
(c) A county voter registration office may require additional written information before
canceling the registration of a person under subsection (a) or (b) if the information contained
in the death certificate or notice of death is insufficient to identify the person whose
registration is to be canceled. If:
(1) additional written information is not given to the county voter registration office;
or
(2) the additional written information is insufficient to identify the person whose
registration is to be canceled;
the county voter registration office is not required to cancel the person's registration.
As added by P.L.4-1996, SEC.23. Amended by P.L.209-2003, SEC.79; P.L.164-2006,
SEC.47; P.L.258-2013, SEC.65; P.L.219-2013, SEC.15; P.L.128-2015, SEC.138;
P.L.193-2021, SEC.14.

IC 3-7-45-5 Acquiring information from other states, STEVE, and EVVE

Sec. 5. (a) The Indiana department of health shall acquire information regarding the
deaths of Indiana residents occurring in each of the other states from those states or from the
State and Territorial Exchange of Vital Events (STEVE) System and Electronic Verification
of Vital Events (EVVE) System, administered by the National Association for Public Health
Statistics and Information Systems. The Indiana department of health may offer to share with
each other state information regarding the deaths of the other state's residents in Indiana.
(b) At least once each month, the Indiana department of health shall forward that

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information as provided in section 2.1 of this chapter.
As added by P.L.4-1996, SEC.24. Amended by P.L.209-2003, SEC.80; P.L.164-2006,
SEC.48; P.L.258-2013, SEC.66; P.L.56-2023, SEC.4.

IC 3-7-45-6 Repealed
As added by P.L.38-1999, SEC.19. Amended by P.L.209-2003, SEC.81. Repealed by
P.L.164-2006, SEC.143.

IC 3-7-45-6.1 Information regarding deceased voters from Social Security

Administration; cancellation of registrations
Sec. 6.1. (a) At least once each month, the election division shall obtain information
regarding Indiana residents identified as deceased by the federal Social Security
Administration as required by 52 U.S.C. 21083 and in conformity with IC 3-7-26.3.
(b) Not later than thirty (30) days after receiving a report obtained under subsection (a),
the election division shall provide each county voter registration office with a report
identifying the deceased individuals who are shown as residing in the county.
(c) Except as provided in section 7 of this chapter, the county voter registration office
shall cancel the registration of each deceased person listed in the report provided under
subsection (b).
(d) If the election division does not perform a duty in accordance with this section, the
secretary of state shall perform the duty.
As added by P.L.209-2003, SEC.82. Amended by P.L.164-2006, SEC.49; P.L.153-2013,
SEC.4; P.L.258-2013, SEC.67; P.L.128-2015, SEC.139.

IC 3-7-45-7 Voter erroneously identified as deceased

Sec. 7. (a) If a county voter registration office determines that:
(1) a voter has been identified as deceased in a list or report described by this chapter;
and
(2) the identification is in error;
the voter registration office may decline to cancel the registration and shall note the apparent
error on the voter registration record.
(b) If a county voter registration office determines that a registration has been previously
canceled in error due to a report that the voter is deceased, the voter registration office shall
reinstate the registration by:
(1) correcting the registration record before a certified list of voters is prepared under
IC 3-7-29-1; or
(2) issuing a certificate of error under IC 3-7-48.
As added by P.L.38-1999, SEC.20.

IC 3-7-45-8 Notice of names of deceased voters

Sec. 8. (a) At least once each month, the NVRA official shall notify each county voter
registration office of the names of deceased persons obtained under this chapter.
(b) If the NVRA official does not perform a duty in accordance with this section, the
secretary of state shall perform the duty.
As added by P.L.199-2001, SEC.13. Amended by P.L.209-2003, SEC.83; P.L.153-2013,
SEC.5; P.L.258-2013, SEC.68.

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IC 3-7-46 Chapter 46. Removal From Registration Records Due to
Criminal Conviction and Incarceration

3-7-46-1 Removal of disfranchised voters

3-7-46-2 Imprisoned voter disfranchised
3-7-46-3 Removal of name if disfranchisement due to felony conviction
3-7-46-3.5 Receipt of information from out-of-state correctional department regarding
imprisonment of Indiana resident; notification of resident's county of residence
3-7-46-4 Repealed
3-7-46-4.1 Coordination of statewide voter registration list with department of correction
3-7-46-5 Notice by NVRA official
3-7-46-6 County sheriff to provide report of incarcerated residents; contents of report
3-7-46-7 Notice by county voter registration office
3-7-46-7.5 Cancellation of registration of disfranchised person
3-7-46-8 Notice to disfranchised persons
3-7-46-9 Notice to disfranchised person; procedure

IC 3-7-46-1 Removal of disfranchised voters

Sec. 1. As permitted under 52 U.S.C. 20507(a)(3)(B) and in the manner required under
52 U.S.C. 21083, a county voter registration office shall remove from the official list of
registered voters the name of a voter who is disfranchised under this chapter due to a criminal
conviction.
As added by P.L.12-1995, SEC.56. Amended by P.L.209-2003, SEC.84; P.L.128-2015,
SEC.140.

IC 3-7-46-2 Imprisoned voter disfranchised

Sec. 2. A person imprisoned following conviction of a crime is disfranchised during the
person's imprisonment.
As added by P.L.12-1995, SEC.56.

IC 3-7-46-3 Removal of name if disfranchisement due to felony conviction

Sec. 3. (a) This section applies to a person convicted of a felony in a district court of the
United States.
(b) As required by 52 U.S.C. 20507(g)(5), the NVRA official shall notify the county voter
registration office of the county in Indiana in which the person resides of the information
provided by the United States attorney under 52 U.S.C. 20507(g)(2), 52 U.S.C. 20507(g)(3),
and 52 U.S.C. 20507(g)(4).
(c) If the information provided under subsection (b) indicates that the person is
disfranchised under section 2 of this chapter, the county voter registration office shall remove
the name of the person from the voter registration records on an expedited basis as required
by 52 U.S.C. 21083.
As added by P.L.12-1995, SEC.56. Amended by P.L.2-1996, SEC.77; P.L.209-2003,
SEC.85; P.L.128-2015, SEC.141.

IC 3-7-46-3.5 Receipt of information from out-of-state correctional

department regarding imprisonment of Indiana resident;
notification of resident's county of residence
Sec. 3.5. (a) As used in this section, "correctional department" refers to an agency of the
government of a state other than Indiana that has responsibility for the imprisonment of
individuals who have been convicted of a crime.
(b) If the NVRA official receives information from a correctional department that an
Indiana resident is currently imprisoned by the correctional department for conviction of a
crime, the NVRA official shall notify the county voter registration office of the Indiana
county in which the imprisoned individual is a resident of the information.

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 (c) If the information provided under subsection (b) indicates that the imprisoned
individual is disfranchised under section 2 of this chapter, the county voter registration
officer shall:
(1) remove the name of the individual from the voter registration records; and
(2) enter the date and other information regarding the cancellation into the
computerized list under IC 3-7-26.3 on an expedited basis.
As added by P.L.193-2021, SEC.15.

IC 3-7-46-4 Repealed
As added by P.L.12-1995, SEC.56. Amended by P.L.2-1996, SEC.78; P.L.199-2001,
SEC.14; P.L.209-2003, SEC.86. Repealed by P.L.164-2006, SEC.143.

IC 3-7-46-4.1 Coordination of statewide voter registration list with

department of correction
Sec. 4.1. (a) As required under 52 U.S.C. 21083, the election division shall coordinate
the computerized list generated by the statewide voter registration system under IC 3-7-26.3
with the department of correction to permit a county voter registration office to cancel the
registration records of disfranchised individuals on an expedited basis.
(b) The department of correction shall provide the NVRA official with a list identifying
each person who:
(1) is a resident of Indiana;
(2) has been convicted of a crime; and
(3) has been placed in a department of correction facility during the previous month.
(c) The department of correction shall provide the information required by this section
electronically in a format prescribed by the election division.
As added by P.L.209-2003, SEC.87. Amended by P.L.164-2006, SEC.50; P.L.128-2015,
SEC.142.

IC 3-7-46-5 Notice by NVRA official

Sec. 5. The NVRA official shall notify the county voter registration office of each county
where a person on the report resides for processing under section 8 of this chapter.
As added by P.L.12-1995, SEC.56. Amended by P.L.2-1996, SEC.79; P.L.209-2003, SEC.88.

IC 3-7-46-6 County sheriff to provide report of incarcerated residents;

contents of report
Sec. 6. (a) At least once a quarter, and not later than:
(1) January 31;
(2) April 30;
(3) July 31; and
(4) October 31;
of each year, a county sheriff shall provide the county voter registration office with a report
containing the information set forth in subsection (b) for processing under section 8 of this
chapter.
(b) The report required by subsection (a) must identify each person who:
(1) is a resident of Indiana;
(2) has been convicted of a crime; and
(3) has been placed in a county correctional facility after the last date the sheriff
prepared a report required by subsection (a).
(c) The report must be in the form prescribed by the election division under IC 3-5-4-8
and state:
(1) whether the person remains in lawful custody in a county correctional facility as of
the date of the report; and
(2) if the person remains in lawful custody, the date that the person is scheduled to be

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 released from the county correctional facility.
As added by P.L.12-1995, SEC.56. Amended by P.L.8-1995, SEC.35; P.L.66-2003, SEC.9;
P.L.209-2003, SEC.89; P.L.74-2017, SEC.18; P.L.141-2020, SEC.10.

IC 3-7-46-7 Notice by county voter registration office

Sec. 7. The county voter registration office shall notify the county voter registration office
of each county where a person on the list resides that a voter registered in that county has
been listed on the report described in section 6 of this chapter.
As added by P.L.12-1995, SEC.56. Amended by P.L.209-2003, SEC.90.

IC 3-7-46-7.5 Cancellation of registration of disfranchised person

Sec. 7.5. If the information provided under section 5 or 6 of this chapter indicates that the
person is disfranchised under section 2 of this chapter, the county voter registration office
shall:
(1) remove the name of the person from the voter registration records; and
(2) enter the date and other information regarding the cancellation into the
computerized list under IC 3-7-26.3;
on an expedited basis, as required under 52 U.S.C. 21083.
As added by P.L.209-2003, SEC.91. Amended by P.L.164-2006, SEC.51; P.L.128-2015,
SEC.143.

IC 3-7-46-8 Notice to disfranchised persons

Sec. 8. Each county voter registration office shall prepare a notice to be mailed to the
names and last known addresses of all persons within the county who have been
disfranchised.
As added by P.L.12-1995, SEC.56. Amended by P.L.3-1997, SEC.108; P.L.209-2003,
SEC.92; P.L.164-2006, SEC.52.

IC 3-7-46-9 Notice to disfranchised person; procedure

Sec. 9. After preparation of the notice under section 8 of this chapter, the county voter
registration office shall mail the notice to the alleged disfranchised person not later than the
day following the day that the voter's registration has been canceled under this chapter. The
notice must be mailed to each alleged disfranchised person at the person's last known address
using a form prescribed by the election division under this article.
As added by P.L.12-1995, SEC.56. Amended by P.L.2-1996, SEC.80; P.L.209-2003,
SEC.93; P.L.164-2006, SEC.53; P.L.169-2015, SEC.49.

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IC 3-7-47 Chapter 47. Repealed
Repealed by P.L.2-1996, SEC.297.

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IC 3-7-48 Chapter 48. Determining Registration Status on Election Day

3-7-48-1 Certificate of error; proof of registration; eligibility to cast provisional ballot

3-7-48-2 Certificate of error; issuance and execution
3-7-48-3 Applicability; filing certificate of error
3-7-48-4 Repealed
3-7-48-5 Voter affirmation regarding voter's residency
3-7-48-6 Removal of incorrect name
3-7-48-7 Written affirmation of residence in precinct
3-7-48-7.5 Voter making affirmation challenged as ineligible; provisional ballot;
sufficiency of affidavit
3-7-48-8 Addition of name and address to poll list; name to county registration record
3-7-48-9 Notice after permission to vote given
3-7-48-10 Investigation regarding voting with permission

IC 3-7-48-1 Certificate of error; proof of registration; eligibility to cast

provisional ballot
Sec. 1. (a) Except as otherwise provided by NVRA or in this chapter, a person whose
name does not appear on the registration record may not vote, unless the county voter
registration office issues a signed certificate of error immediately available for inspection in
the county voter registration office showing that the voter is legally registered in the precinct
where the voter resides.
(b) A person whose name does not appear on the registration record may cast a
provisional ballot as provided in IC 3-11.7.
As added by P.L.12-1995, SEC.58. Amended by P.L.126-2002, SEC.28; P.L.271-2013,
SEC.7.

IC 3-7-48-2 Certificate of error; issuance and execution

Sec. 2. A certificate of error issued under section 1 of this chapter:
(1) may be issued at any time after:
(A) the production of the certified list under IC 3-7-29; or
(B) the downloading of the information into an electronic poll book under
IC 3-7-29-6(c);
(2) shall be executed by the circuit court clerk, or in a county with a board of
registration, by both members of the board; and
(3) shall be numbered serially in the method prescribed for entry in the computerized
list maintained under IC 3-7-26.3.
As added by P.L.12-1995, SEC.58. Amended by P.L.81-2005, SEC.29; P.L.271-2013,
SEC.8; P.L.76-2014, SEC.10.

IC 3-7-48-3 Applicability; filing certificate of error

Sec. 3. (a) This section does not apply whenever a county voter registration office
provides confirmation of the issuance of a certificate of error to a precinct election officer
by transmitting the confirmation through an electronic poll book used at a precinct or vote
center.
(b) One (1) copy of the certificate of error shall be filed by the circuit court clerk with
other election material for the precinct in which the voter resides at the close of the polls as
provided in this title.
As added by P.L.12-1995, SEC.58. Amended by P.L.271-2013, SEC.9; P.L.64-2014, SEC.33.

IC 3-7-48-4 Repealed
As added by P.L.12-1995, SEC.58. Repealed by P.L.76-2014, SEC.11.

IC 3-7-48-5 Voter affirmation regarding voter's residency

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 Sec. 5. (a) This section applies to a voter who:
(1) formerly resided in a precinct according to the voter registration record; and
(2) no longer resides in that precinct according to the voter registration record.
(b) As provided under 52 U.S.C. 20507(e)(3), a voter described by subsection (a) may
vote in the precinct where the voter formerly resided (according to the voter registration
record) if the voter makes an oral or a written affirmation to a member of the precinct
election board that the voter continues to reside at the address shown as the voter's former
residence on the voter registration record.
(c) A person entitled to make a written affirmation under subsection (b) may make an oral
affirmation. The person must make the oral affirmation before the poll clerks of the precinct.
After the person makes an oral affirmation under this subsection, the poll clerks shall:
(1) reduce the substance of the affirmation to writing at an appropriate location on the
poll list; and
(2) initial the affirmation.
(d) This subsection applies to a county that has adopted an order under IC 3-7-29-6(a)(1)
or is a vote center county under IC 3-11-18.1. A voter described in subsection (a) may make
a written affirmation described in this section on the affidavit prescribed by the election
division under IC 3-10-11-6. If the person makes an oral affirmation under this subsection,
the poll clerks shall reduce the substance of the affirmation to writing by using the affidavit
prescribed by the commission under IC 3-10-11-6 and initial the affirmation.
(e) A voter may also make a written affirmation under this section when applying for an
absentee ballot.
As added by P.L.12-1995, SEC.58. Amended by P.L.64-2014, SEC.34; P.L.128-2015,
SEC.144; P.L.169-2015, SEC.50; P.L.227-2023, SEC.34.

IC 3-7-48-6 Removal of incorrect name

Sec. 6. If a voter casts a ballot under section 5 of this chapter, the inspector of the precinct
shall immediately contact the circuit court clerk or board of registration of the county. The
clerk or board shall promptly contact the precinct election board of any precinct in which the
voter's name is incorrectly shown on the rolls, and order the precinct election board to
remove the name of the voter from the registration record of that precinct.
As added by P.L.12-1995, SEC.58.

IC 3-7-48-7 Written affirmation of residence in precinct

Sec. 7. (a) A voter shall be permitted to vote in a precinct upon written affirmation of the
voter's residence in the precinct if:
(1) the voter produces a registration receipt indicating that the voter completed a
registration application at a license branch or voter registration agency under this article
on a date within the registration period;
(2) the county voter registration office advises the precinct election board that the
office:
(A) approved the application; or
(B) has no record of either approving or rejecting the application; and
(3) the voter completes a registration application and provides the completed
application to the precinct election board before voting.
(b) A county election board shall provide each precinct election board with a sufficient
number of the registration applications for the purposes described in subsection (a). The
precinct election board shall attach the completed registration applications to the poll list for
processing by the county voter registration office under IC 3-10-1-31.1.
As added by P.L.12-1995, SEC.58. Amended by P.L.3-1997, SEC.109; P.L.14-2004,
SEC.51; P.L.164-2006, SEC.54; P.L.2-2014, SEC.2.

IC 3-7-48-7.5 Voter making affirmation challenged as ineligible; provisional

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 ballot; sufficiency of affidavit
Sec. 7.5. If a voter makes an oral or a written affirmation under section 5 or 7 of this
chapter and is then challenged under IC 3-10-1 or IC 3-11-8 as ineligible to vote in the
precinct, the voter shall be provided with a provisional ballot under IC 3-11.7 rather than a
regular official ballot. The affidavit executed under this chapter serves as a sufficient
affidavit for the voter to receive a provisional ballot under IC 3-11.7.
As added by P.L.164-2006, SEC.55.

IC 3-7-48-8 Addition of name and address to poll list; name to county

registration record
Sec. 8. (a) The precinct election board shall add the name and address of a voter
described by section 7 of this chapter to the poll list of the precinct.
(b) The county voter registration office shall add the name of a voter described by section
7 of this chapter to the registration record of the county.
As added by P.L.12-1995, SEC.58. Amended by P.L.66-2003, SEC.10.

IC 3-7-48-9 Notice after permission to vote given

Sec. 9. The circuit court clerk or board of registration of a county in which a voter cast
a ballot under section 7 of this chapter shall notify the NVRA official and the governing body
of the voter registration agency not later than seven (7) days after the election is conducted.
As added by P.L.12-1995, SEC.58. Amended by P.L.2-1996, SEC.81.

IC 3-7-48-10 Investigation regarding voting with permission

Sec. 10. The NVRA official shall investigate the incident reported by the circuit court
clerk or board of registration under section 9 of this chapter and determine if:
(1) the voter had properly registered at the license branch or agency; and
(2) a violation of NVRA or this article occurred.
As added by P.L.12-1995, SEC.58. Amended by P.L.2-1996, SEC.82.

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IC 3-8 ARTICLE 8. CANDIDATES

Ch. 1. Qualifications for Candidates

Ch. 2. Declaration of Candidacy for Federal, State, Legislative, or Local Office in
Primary Election
Ch. 2.5. Nomination for School Board Office
Ch. 3. Presidential Primary Candidates
Ch. 4. State Conventions
Ch. 5. Town Conventions and Major Political Party Nominations in Small Towns
Ch. 6. Nomination by Petition for Independent or Minor Political Party Candidates
Ch. 7. Certification of Nominees and Ballot Placement
Ch. 8. Removal of Name From Ballot of a Candidate for Legislative or State Office
at General Election for Disqualification or Withdrawal
Ch. 9. Statements of Economic Interests for Local and School Board Offices

IC 3-8-1 Chapter 1. Qualifications for Candidates

3-8-1-1 Candidates must be registered voters

3-8-1-1.1 Error by election division or circuit court clerk does not invalidate filing
3-8-1-1.5 Judge in certain cities; town court judges
3-8-1-1.6 Duty of division or board to determine candidate's compliance with campaign
finance requirement
3-8-1-1.7 "Before the election"
3-8-1-2 Questioned candidacy filing; jurisdiction to act; sworn statement;
determination of eligibility or validity; denial of filing
3-8-1-3 Limitation on number of lucrative offices
3-8-1-4 Collectors and holders of public money
3-8-1-5 Disqualification of candidates
3-8-1-5.5 Candidates defeated in primary or nomination process; ineligibility
3-8-1-5.7 Requirements of candidates for appointment pro tempore
3-8-1-6 President; Vice President; presidential elector; alternate presidential elector
3-8-1-7 United States Senator
3-8-1-8 United States Representative
3-8-1-9 Governor or lieutenant governor
3-8-1-9.5 Governor and lieutenant governor must run jointly
3-8-1-10 Attorney general
3-8-1-10.5 Repealed
3-8-1-11 Justice of supreme court; judge of court of appeals
3-8-1-11.5 Repealed
3-8-1-12 Tax court judge
3-8-1-13 Senator in general assembly
3-8-1-14 Representative in general assembly
3-8-1-15 Repealed
3-8-1-16 Circuit court judge
3-8-1-17 Superior or probate court judge
3-8-1-18 Repealed
3-8-1-19 Prosecuting attorney
3-8-1-19.5 Circuit court clerk
3-8-1-20 County officers
3-8-1-21 County commissioner
3-8-1-22 County council member
3-8-1-23 County assessor
3-8-1-23.4 Repealed
3-8-1-23.5 Repealed
3-8-1-23.6 Repealed
3-8-1-24 Mayor of first class city
3-8-1-25 City-county council member
3-8-1-26 Mayor of second or third class city
3-8-1-27 Common council member
3-8-1-28 City clerk of second class city; city clerk-treasurer of third class city
3-8-1-28.5 City court judge

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 3-8-1-29 Town council member
3-8-1-29.5 Repealed
3-8-1-30 Small claims court judge
3-8-1-31 Small claims court constable
3-8-1-32 Precinct committeeman; delegate to state convention
3-8-1-33 Statement of economic interests; candidates required to file
3-8-1-34 School board offices

IC 3-8-1-1 Candidates must be registered voters

Sec. 1. (a) This section does not apply to a candidate for any of the following offices:
(1) Judge of a city court.
(2) Judge of a town court.
(b) A person is not qualified to run for:
(1) a state office;
(2) a legislative office;
(3) a local office; or
(4) a school board office;
unless the person is registered to vote in the election district the person seeks to represent not
later than the deadline for filing the declaration or petition of candidacy or certificate of
nomination.
[Pre-1986 Recodification Citation: 3-1-9-5(h) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.80; P.L.4-1991, SEC.31;
P.L.12-1992, SEC.2; P.L.3-1997, SEC.110; P.L.254-1999, SEC.1; P.L.194-2013, SEC.9.

IC 3-8-1-1.1 Error by election division or circuit court clerk does not

invalidate filing
Sec. 1.1. Subject to IC 3-5-4-1.2, if a candidate filing error is made by the election
division or a circuit court clerk, the error does not invalidate the filing.
As added by P.L.194-2013, SEC.10.

IC 3-8-1-1.5 Judge in certain cities; town court judges

Sec. 1.5. (a) This section applies to a candidate for any of the following offices:
(1) Judge of a city court in a city located in a county having a population of more than
two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).
(2) Judge of a town court.
(b) A person is not qualified to run for an office subject to this section unless not later
than the deadline for filing the declaration or petition of candidacy or certificate of
nomination the person is registered to vote in a county in which the municipality is located.
(c) Except as provided in IC 33-35-5-7.5, before a candidate for the office of judge of a
city court described in subsection (a)(1) or a town court may file a:
(1) declaration of candidacy or petition of nomination;
(2) certificate of candidate selection under IC 3-13-1-15 or IC 3-13-2-8; or
(3) declaration of intent to be a write-in candidate or certificate of nomination under
IC 3-8-2-2.5 or IC 3-10-6-12;
the candidate must be an attorney in good standing admitted to the practice of law in Indiana.
As added by P.L.10-1988, SEC.29. Amended by P.L.12-1992, SEC.3; P.L.3-1997, SEC.111;
P.L.254-1999, SEC.2; P.L.119-2012, SEC.4; P.L.173-2015, SEC.1; P.L.104-2022, SEC.5.

IC 3-8-1-1.6 Duty of division or board to determine candidate's compliance

with campaign finance requirement
Sec. 1.6. (a) This section does not apply to a candidate unless the candidate is required
to file a campaign finance statement of organization under IC 3-9-1-5 or IC 3-9-1-5.5.
(b) Not later than noon fourteen (14) days after the final day for filing a declaration of
candidacy, declaration of intent to be a write-in candidate, petition of nomination, certificate

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of nomination, or certificate of candidate selection under IC 3-13-1-15 or IC 3-13-2-8, the
election division or county election board shall determine if a candidate has complied with
IC 3-9-1-5 or IC 3-9-1-5.5 (if applicable) by filing any campaign finance statement of
organization required for the candidate's committee.
As added by P.L.3-1995, SEC.46. Amended by P.L.2-1996, SEC.83; P.L.3-1997, SEC.112;
P.L.26-2000, SEC.4.

IC 3-8-1-1.7 "Before the election"

Sec. 1.7. As used in this chapter, "before the election" refers to a general, municipal, or
special election.
As added by P.L.3-1993, SEC.53.

IC 3-8-1-2 Questioned candidacy filing; jurisdiction to act; sworn

statement; determination of eligibility or validity; denial of
filing
Sec. 2. (a) This section does not apply to a candidate challenged under IC 3-8-8.
(b) The commission, a county election board, or a town election board shall act if a
candidate (or a person acting on behalf of a candidate in accordance with state law) has filed
any of the following:
(1) A declaration of candidacy under IC 3-8-2 or IC 3-8-5.
(2) A request for ballot placement in a presidential primary under IC 3-8-3.
(3) A petition of nomination or candidate's consent to nomination under IC 3-8-2.5 or
IC 3-8-6.
(4) A certificate of nomination under IC 3-8-5, IC 3-8-7, IC 3-10-2-15, or
IC 3-10-6-12.
(5) A certificate of candidate selection under IC 3-13-1 or IC 3-13-2.
(6) A declaration of intent to be a write-in candidate under IC 3-8-2-2.5.
(7) A contest to the denial of certification under IC 3-8-2.5 or IC 3-8-6-12.
(c) The commission has jurisdiction to act under this section with regard to any filing
described in subsection (b) that was made with the election division. Except for a filing under
the jurisdiction of a town election board, a county election board has jurisdiction to act under
this section with regard to any filing described in subsection (b) that was made with the
county election board, county voter registration office, or the circuit court clerk. A town
election board has jurisdiction to act under this section with regard to any filing that was
made with the county election board, the county voter registration office, or the circuit court
clerk for nomination or election to a town office.
(d) Except as provided in subsection (f), before the commission or election board acts
under this section, a registered voter of the election district that a candidate seeks to represent
or a county chairman of a major political party of a county in which any part of the election
district is located must file a sworn statement before a person authorized to administer oaths,
with the election division or election board:
(1) questioning the eligibility of the candidate to seek the office; and
(2) setting forth the facts known to the voter or county chairman of a major political
party of a county concerning this question.
(e) The eligibility of a write-in candidate or a candidate nominated by a convention,
petition, or primary may not be challenged under this section if the commission or board
determines that all of the following occurred:
(1) The eligibility of the candidate was challenged under this section before the
candidate was nominated.
(2) The commission or board conducted a hearing on the affidavit before the
nomination.
(3) This challenge would be based on substantially the same grounds as the previous
challenge to the candidate.

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 (f) Before the commission or election board can consider a contest to the denial of a
certification under IC 3-8-2.5 or IC 3-8-6-12, a candidate (or a person acting on behalf of a
candidate in accordance with state law) must file a sworn statement with the election division
or election board:
(1) stating specifically the basis for the contest; and
(2) setting forth the facts known to the candidate supporting the basis for the contest.
(g) Upon the filing of a sworn statement under subsection (d) or (f), the commission or
election board shall determine the validity of the questioned:
(1) declaration of candidacy;
(2) declaration of intent to be a write-in candidate;
(3) request for ballot placement under IC 3-8-3;
(4) petition of nomination;
(5) certificate of nomination;
(6) certificate of candidate selection issued under IC 3-13-1-15 or IC 3-13-2-8; or
(7) denial of a certification under IC 3-8-2.5 or IC 3-8-6-12.
(h) The commission or election board shall deny a filing if the commission or election
board determines that the candidate has not complied with the applicable requirements for
the candidate set forth in the Constitution of the United States, the Constitution of the State
of Indiana, or this title.
[Pre-1986 Recodification Citation: 3-1-9-5(h) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.81; P.L.12-1995, SEC.59;
P.L.3-1995, SEC.47; P.L.2-1996, SEC.84; P.L.3-1997, SEC.113; P.L.38-1999, SEC.21;
P.L.176-1999, SEC.25; P.L.66-2003, SEC.11; P.L.97-2004, SEC.3; P.L.194-2013, SEC.11;
P.L.169-2015, SEC.51; P.L.74-2017, SEC.19; P.L.278-2019, SEC.18.

IC 3-8-1-3 Limitation on number of lucrative offices

Sec. 3. A person may not hold more than one (1) lucrative office at a time, as provided
in Article 2, Section 9 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 2, § 9 part.]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-4 Collectors and holders of public money

Sec. 4. A person may not hold an office of trust or profit unless the person has accounted
for and paid over as required by law all sums of public money for which the person was liable
as a collector or holder, as provided in Article 2, Section 10 of the Constitution of the State
of Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 2, § 10.]
As added by P.L.5-1986, SEC.4. Amended by P.L.6-1991, SEC.1.

IC 3-8-1-5 Disqualification of candidates

Sec. 5. (a) This section does not apply to a candidate for federal office.
(b) As used in this section, "felony" means a conviction for which the convicted person
might have been imprisoned for more than one (1) year.
(c) A person is not disqualified under this section for:
(1) a felony conviction for which the person has been pardoned;
(2) a felony conviction that has been:
(A) reversed;
(B) vacated;
(C) set aside;
(D) not entered because the trial court did not accept the person's guilty plea; or
(E) expunged under IC 35-38-9; or
(3) a person's plea of guilty or nolo contendere at a guilty plea hearing that is not
accepted and entered by a trial court.

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 (d) A person is disqualified from assuming or being a candidate for an elected office if:
(1) the person gave or offered a bribe, threat, or reward to procure the person's election,
as provided in Article 2, Section 6 of the Constitution of the State of Indiana;
(2) the person does not comply with IC 5-8-3 because of a conviction for a violation
of the federal laws listed in that statute;
(3) in a:
(A) jury trial, a jury publicly announces a verdict against the person for a felony;
(B) bench trial, the court publicly announces a verdict against the person for a felony;
or
(C) guilty plea hearing, the person pleads guilty or nolo contendere to a felony;
(4) the person has been removed from the office the candidate seeks under Article 7,
Section 11 or Article 7, Section 13 of the Constitution of the State of Indiana;
(5) the person is a member of the United States armed forces on active duty and
prohibited by the United States Department of Defense from being a candidate;
(6) the person is subject to:
(A) 5 U.S.C. 1502 (the Little Hatch Act); or
(B) 5 U.S.C. 7321-7326 (the Hatch Act);
and would violate either federal statute by becoming or remaining the candidate of a
political party for nomination or election to an elected office or a political party office;
or
(7) the person is a nonjudicial court employee who would violate Rule 4.6 of the
Indiana Code of Judicial Conduct by being the candidate of a political party for
nomination or election to an elected office or a political party office.
(e) The subsequent reduction of a felony to a Class A misdemeanor under IC 35 after the:
(1) jury has announced its verdict against the person for a felony;
(2) court has announced its verdict against the person for a felony; or
(3) person has pleaded guilty or nolo contendere to a felony;
does not affect the operation of subsection (d).
[Pre-1986 Recodification Citation: Ind. Const. Art. 2, § 6.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.82; P.L.4-1991, SEC.32;
P.L.3-1993, SEC.54; P.L.3-1997, SEC.114; P.L.176-1999, SEC.26; P.L.113-2005, SEC.1;
P.L.37-2008, SEC.1; P.L.181-2014, SEC.1; P.L.74-2017, SEC.20; P.L.142-2020, SEC.3;
P.L.193-2021, SEC.16.

IC 3-8-1-5.5 Candidates defeated in primary or nomination process;

ineligibility
Sec. 5.5. (a) Except as provided in IC 3-13-1-19 and IC 3-13-2-10 for filling a vacancy
on a ticket, a person who:
(1) is defeated in a primary election;
(2) appears as a candidate for nomination at a convention and is defeated;
(3) files a declaration of candidacy for nomination by a county, city, or town
convention and is defeated; or
(4) files a declaration of candidacy for nomination by a caucus conducted under
IC 3-13-1 or IC 3-13-2 and is defeated;
is not eligible to become a candidate for the same office in the next general or municipal
election.
(b) For the purposes of subsection (a):
(1) a candidate for an at-large seat on a fiscal body is considered a candidate for the
same office as a candidate for a district seat on a fiscal body; and
(2) a candidate for United States representative from a district in Indiana is considered
a candidate for the same office as a candidate for any other congressional district in
Indiana.
(c) This section does not apply to a candidate who files a written request for placement

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on the presidential primary ballot under IC 3-8-3.
As added by P.L.10-1988, SEC.30. Amended by P.L.3-1997, SEC.115; P.L.38-1999,
SEC.22; P.L.176-1999, SEC.27.

IC 3-8-1-5.7 Requirements of candidates for appointment pro tempore

Sec. 5.7. (a) Except as expressly provided by law, a candidate for selection under
IC 3-13-5 or IC 3-13-11 for an appointment pro tempore to an office must comply with the
requirements imposed under this chapter on a candidate for election to the office. For
purposes of determining whether a candidate for an appointment pro tempore complies with
a requirement imposed under this chapter on a candidate for election to the office, the term
"before the election" is considered to read as:
(1) "before the date of the caucus that is required to fill the vacant office"; or
(2) "before the date that the county political party chairman appoints an individual to
fill the vacant office";
whichever is the case.
(b) If a town council member:
(1) was elected or selected as a candidate from a town council district; and
(2) served on a council that subsequently adopted an ordinance under IC 36-5-2-4.1
abolishing town council districts;
a candidate for selection for an appointment pro tempore to succeed the town council
member is not required to reside within the district formerly represented by the town council
member.
As added by P.L.7-1990, SEC.28. Amended by P.L.3-1993, SEC.55; P.L.176-1999, SEC.28;
P.L.219-2013, SEC.16.

IC 3-8-1-6 President; Vice President; presidential elector; alternate

presidential elector
Sec. 6. (a) A candidate for the office of President or Vice President of the United States
must have the qualifications provided in Article 2, Section 1, clause 4 of the Constitution of
the United States.
(b) A candidate for the office of presidential elector or alternate presidential elector must
have the qualifications provided in Article 2, Section 1, clause 2 of the Constitution of the
United States and Section 3 of the Fourteenth Amendment to the Constitution of the United
States.
[Pre-1986 Recodification Citation: U.S. Const. Art. 2, § 1, Cl. 5.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.83; P.L.3-1993, SEC.56;
P.L.201-2017, SEC.7.

IC 3-8-1-7 United States Senator

Sec. 7. A candidate for the office of United States Senator must have the qualifications
provided in Article 1, Section 3, Clause 3 of the Constitution of the United States.
[Pre-1986 Recodification Citation: U.S. Const. Art. 1, § 3, Cl. 3.]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-8 United States Representative

Sec. 8. A candidate for the office of United States Representative must have the
qualifications provided in Article 1, Section 2, Clause 2 of the Constitution of the United
States.
[Pre-1986 Recodification Citation: U.S. Const. Art. 1, § 2, Cl. 2.]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-9 Governor or lieutenant governor

Sec. 9. A candidate for the office of governor or lieutenant governor:

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 (1) must have been a United States citizen for at least five (5) years before the election;
(2) must have resided in the state for at least five (5) years before the election;
(3) must be thirty (30) years old upon taking office; and
(4) may not hold any other office of the United States or of this state upon taking office;
as provided in Article 5, Sections 7 and 8 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 5, §§ 7, 8.]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-9.5 Governor and lieutenant governor must run jointly

Sec. 9.5. (a) This section applies to a candidate for governor who seeks election by filing:
(1) a petition of nomination under IC 3-8-6; or
(2) a declaration of intent to be a write-in candidate under IC 3-8-2-2.5.
(b) The petition or declaration must contain the name of a candidate for lieutenant
governor to permit the candidates to comply with Article 5, Section 4 of the Constitution of
the State of Indiana by running jointly in the general election as candidates for governor and
lieutenant governor.
As added by P.L.3-1997, SEC.116. Amended by P.L.10-2019, SEC.2.

IC 3-8-1-10 Attorney general

Sec. 10. A candidate for the office of attorney general must:
(1) have resided in Indiana for at least two (2) years before the election; and
(2) have been admitted to the practice of law in Indiana for at least five (5) years upon
taking office.
[Pre-1986 Recodification Citation: 4-6-1-3 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.84; P.L.10-1992, SEC.10 and
P.L.11-1992, SEC.3.

IC 3-8-1-10.5 Repealed
As added by P.L.3-1987, SEC.85. Repealed by P.L.219-2017, SEC.2.

IC 3-8-1-11 Justice of supreme court; judge of court of appeals

Sec. 11. A nominee for appointment as a justice of the supreme court or judge of the court
of appeals must:
(1) be a United States citizen;
(2) reside in the appropriate court of appeals district, if applicable; and
(3) have been admitted to the practice of law in Indiana for at least ten (10) years or
have served as a circuit, superior, or criminal court judge for at least five (5) years;
upon nomination, as provided in Article 7, Section 10 of the Constitution of the State of
Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 7, § 10 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.86.

IC 3-8-1-11.5 Repealed
As added by P.L.3-1987, SEC.87. Repealed by P.L.14-2004, SEC.195.

IC 3-8-1-12 Tax court judge

Sec. 12. A nominee for appointment as the judge of the tax court must:
(1) have resided in Indiana for at least two (2) years before the election; and
(2) have been admitted to the practice of law in Indiana for at least five (5) years upon
nomination.
[Pre-1986 Recodification Citation: 33-3-5-4.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.88.

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IC 3-8-1-13 Senator in general assembly
Sec. 13. A candidate for the office of senator in the general assembly must:
(1) be a United States citizen at the time of election;
(2) have resided in the state for at least two (2) years and in the senate district for at
least one (1) year before the election; and
(3) be at least twenty-five (25) years old upon taking office;
as provided in Article 4, Section 7 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 4, § 7 part.]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-14 Representative in general assembly

Sec. 14. A candidate for the office of representative in the general assembly must:
(1) be a United States citizen at the time of election;
(2) have resided in the state for at least two (2) years and in the house district for at
least one (1) year before the election; and
(3) be at least twenty-one (21) years old upon taking office;
as provided in Article 4, Section 7 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 4, § 7 part.]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-15 Repealed
[Pre-1986 Recodification Citation: Ind. Const. Art. 4, § 30.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-1-16 Circuit court judge

Sec. 16. A candidate for the office of judge of a circuit court must:
(1) reside in the circuit; and
(2) be admitted to the practice of law in the state;
upon taking office, as provided in Article 7, Section 7 of the Constitution of the State of
Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 7, § 7 part.]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-17 Superior or probate court judge

Sec. 17. A candidate for the office of judge of a superior or probate court must:
(1) be admitted to the practice of law in Indiana upon filing a declaration of candidacy
or petition of nomination, or upon the filing of a certificate of candidate selection under
IC 3-13-1-15 or IC 3-13-2-8; and
(2) comply with any other requirement for that office set forth in IC 33-29, IC 33-33,
or IC 33-31.
[Pre-1986 Recodification Citation: 33-13-9-1 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.89; P.L.5-1989, SEC.22;
P.L.98-2004, SEC.28.

IC 3-8-1-18 Repealed
[Pre-1986 Recodification Citation: 33-10.5-4-1.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.90. Repealed by
P.L.201-2011, SEC.115.

IC 3-8-1-19 Prosecuting attorney

Sec. 19. A candidate for the office of prosecuting attorney must be admitted to the
practice of law in the state before the election, as provided in Article 7, Section 16 of the
Constitution of the State of Indiana.

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 [Pre-1986 Recodification Citation: Ind. Const. Art. 7, § 16 part.]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-19.5 Circuit court clerk

Sec. 19.5. A candidate for the office of circuit court clerk must comply with Article 6,
Section 2 of the Constitution of the State of Indiana.
As added by P.L.10-1988, SEC.31.

IC 3-8-1-20 County officers

Sec. 20. A candidate for the office of county auditor, recorder, treasurer, sheriff, coroner,
or surveyor must have resided in the county for at least one (1) year before the election, as
provided in Article 6, Section 4 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 6, § 4.]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-21 County commissioner

Sec. 21. A candidate for the office of county commissioner must:
(1) have resided in the county for at least one (1) year before the election, as provided
in Article 6, Section 4 of the Constitution of the State of Indiana; and
(2) have resided in the district in which the candidate is seeking election for at least six
(6) months before the election.
[Pre-1986 Recodification Citations: Ind. Const. Art. 6, § 4; 36-2-2-5(a) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.77-2014, SEC.2; P.L.278-2019, SEC.19;
P.L.227-2023, SEC.35.

IC 3-8-1-22 County council member

Sec. 22. A candidate for membership on the county council of a county must:
(1) have resided in the county for at least one (1) year before the election, as provided
in Article 6, Section 4 of the Constitution of the State of Indiana; and
(2) have resided in the district in which seeking election, if applicable, for at least six
(6) months before the election.
[Pre-1986 Recodification Citations: Ind. Const. Art. 6, § 4; 36-2-3-5(a).]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-23 County assessor

Sec. 23. A candidate for the office of county assessor must satisfy the following:
(1) The candidate must have resided in the county for at least one (1) year before the
election, as provided in Article 6, Section 4 of the Constitution of the State of Indiana.
(2) The candidate must own real property located in the county upon taking office.
[Pre-1986 Recodification Citations: Ind. Const. Art. 6, § 4; 36-2-15-2(b).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.91; P.L.219-2007, SEC.1;
P.L.146-2008, SEC.2; P.L.146-2012, SEC.1; P.L.76-2014, SEC.12; P.L.167-2015, SEC.1.

IC 3-8-1-23.4 Repealed
As added by P.L.3-2008, SEC.1. Repealed by P.L.146-2008, SEC.801.

IC 3-8-1-23.5 Repealed
As added by P.L.224-2007, SEC.1 and P.L.219-2007, SEC.2. Repealed by P.L.3-2008,
SEC.269; P.L.146-2008, SEC.801.

IC 3-8-1-23.6 Repealed
As added by P.L.3-2008, SEC.2. Amended by P.L.146-2008, SEC.3; P.L.76-2014, SEC.13.
Repealed by P.L.167-2015, SEC.2.

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IC 3-8-1-24 Mayor of first class city
Sec. 24. A candidate for the office of mayor of a first class city must have resided in the
city for at least one (1) year before the date of taking office.
[Pre-1986 Recodification Citation: 36-3-3-2(b).]
As added by P.L.5-1986, SEC.4. Amended by P.L.266-2013, SEC.1.

IC 3-8-1-25 City-county council member

Sec. 25. A candidate for membership on city-county council of a first class city must have
resided in the district in which seeking election, if applicable, for at least one (1) year before
the date of taking office.
[Pre-1986 Recodification Citation: 36-3-4-2(b).]
As added by P.L.5-1986, SEC.4. Amended by P.L.266-2013, SEC.2.

IC 3-8-1-26 Mayor of second or third class city

Sec. 26. A candidate for the office of mayor of a second or third class city must have
resided in the city for at least one (1) year before the election.
[Pre-1986 Recodification Citation: 36-4-5-2(b).]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-27 Common council member

Sec. 27. A candidate for membership on common council of a second or third class city
must:
(1) have resided in the city for at least one (1) year; and
(2) have resided in the district in which seeking election, if applicable, for at least six
(6) months;
before the election.
[Pre-1986 Recodification Citation: 36-4-6-2(b).]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-28 City clerk of second class city; city clerk-treasurer of third

class city
Sec. 28. A candidate for the office of city clerk of a second class city or city
clerk-treasurer of a third class city must have resided in the city for at least one (1) year
before the election.
[Pre-1986 Recodification Citation: 36-4-10-3(a).]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-28.5 City court judge

Sec. 28.5. (a) This section does not apply to a candidate for the office of judge of a city
court in a city located in a county having a population of more than two hundred fifty
thousand (250,000) and less than three hundred thousand (300,000).
(b) A candidate for the office of judge of a city court must reside in the city upon filing
any of the following:
(1) A declaration of candidacy or declaration of intent to be a write-in candidate
required under IC 3-8-2.
(2) A petition of nomination under IC 3-8-6.
(3) A certificate of nomination under IC 3-10-6-12.
(c) A candidate for the office of judge of a city court must reside in a county in which the
city is located upon the filing of a certificate of candidate selection under IC 3-13-1-15 or
IC 3-13-2-8.
(d) Before a candidate for the office of judge of a city court may file a:
(1) declaration of candidacy or petition of nomination;
(2) certificate of candidate selection under IC 3-13-1-15 or IC 3-13-2-8; or

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 (3) declaration of intent to be a write-in candidate or certificate of nomination under
IC 3-8-2-2.5 or IC 3-10-6-12;
the candidate must be an attorney in good standing admitted to the practice of law in Indiana.
As added by P.L.3-1987, SEC.92. Amended by P.L.12-1992, SEC.4; P.L.12-1997, SEC.1;
P.L.38-1999, SEC.23; P.L.176-1999, SEC.29; P.L.254-1999, SEC.3; P.L.14-2000, SEC.2;
P.L.98-2004, SEC.29; P.L.119-2012, SEC.5; P.L.173-2015, SEC.2; P.L.104-2022, SEC.6.

IC 3-8-1-29 Town council member

Sec. 29. A candidate for membership on a town council must reside in the district in
which seeking election, if applicable.
[Pre-1986 Recodification Citation: 36-5-2-5 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.8-1989, SEC.3.

IC 3-8-1-29.5 Repealed
As added by P.L.176-1999, SEC.30 and P.L.254-1999, SEC.4. Amended by P.L.14-2000,
SEC.3; P.L.98-2004, SEC.30. Repealed by P.L.173-2015, SEC.3.

IC 3-8-1-30 Small claims court judge

Sec. 30. A candidate for the office of judge of a small claims court must:
(1) be a United States citizen upon taking office;
(2) either:
(A) have resided in the township from which the candidate is elected for at least one
(1) year upon taking office; or
(B) have been elected as a small claims court judge in the township before 1999;
(3) be of high moral character and reputation; and
(4) be admitted to the practice of law in Indiana upon filing a declaration of candidacy
or petition of nomination or upon the filing of a certificate of candidate selection under
IC 3-13-1-15 or IC 3-13-2-8.
[Pre-1986 Recodification Citation: 33-11.6-3-2 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.93; P.L.95-1999, SEC.1.

IC 3-8-1-31 Small claims court constable

Sec. 31. A candidate for the office of constable of a small claims court must:
(1) have resided in the township for more than one (1) year upon taking office; and
(2) be at least twenty-one (21) years old upon taking office.
[Pre-1986 Recodification Citation: 33-11.6-8-4(d) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.18-1993, SEC.1.

IC 3-8-1-32 Precinct committeeman; delegate to state convention

Sec. 32. A candidate for:
(1) precinct committeeman; or
(2) delegate to a state convention;
of a political party in the state whose nominee received at least ten percent (10%) of the total
vote cast for secretary of state at the last election must comply with any candidate
requirement set by state party rules.
[Pre-1986 Recodification Citation: 3-1-9-4.5(a), (c).]
As added by P.L.5-1986, SEC.4. Amended by P.L.66-2003, SEC.12.

IC 3-8-1-33 Statement of economic interests; candidates required to file

Sec. 33. (a) A candidate for an office listed in subsection (b) must file a statement of
economic interests.
(b) Whenever a candidate for any of the following offices is also required to file a
declaration of candidacy or is nominated by petition, the candidate shall file a statement of

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economic interests before filing the declaration of candidacy or declaration of intent to be a
write-in candidate, before the petition of nomination is filed, before the certificate of
nomination is filed, or before being appointed to fill a candidate vacancy under IC 3-13-1 or
IC 3-13-2:
(1) Governor, lieutenant governor, secretary of state, auditor of state, treasurer of state,
and attorney general, in accordance with IC 4-2-6-8.
(2) Senator and representative in the general assembly, in accordance with IC 2-2.2-2.
(3) Justice of the supreme court, judge of the court of appeals, judge of the tax court,
judge of a circuit court, judge of a superior court, judge of a probate court, judge of a
city court, judge of a town court, and prosecuting attorney, in accordance with
IC 33-23-11-14 and IC 33-23-11-15.
(4) A candidate for a local office or school board office, in accordance with IC 3-8-9,
except a candidate for a local office described in subdivision (3).
[Pre-1986 Recodification Citations: 2-2.1-3-2 part; 4-2-6-8 part; 33-2.1-8-6 part; 33-2.1-8-7 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.94; P.L.3-1995, SEC.48;
P.L.14-2004, SEC.52; P.L.98-2004, SEC.31; P.L.2-2005, SEC.2; P.L.201-2011, SEC.2;
P.L.90-2012, SEC.1; P.L.123-2015, SEC.18; P.L.219-2017, SEC.3; P.L.8-2019, SEC.2;
P.L.227-2023, SEC.36.

IC 3-8-1-34 School board offices

Sec. 34. (a) A candidate for a school board office must have resided in the school
corporation for at least one (1) year before the election.
(b) This subsection applies to a candidate for school board office seeking to represent an
election district that consists of less than the entire school corporation. The candidate must
have resided in the election district for at least one (1) year before the election.
As added by P.L.3-1987, SEC.95. Amended by P.L.3-1997, SEC.117; P.L.233-2015, SEC.1.

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IC 3-8-2 Chapter 2. Declaration of Candidacy for Federal, State,
Legislative, or Local Office in Primary Election

3-8-2-1 Application of chapter

3-8-2-2 Necessity of declaration of candidacy for nomination at primary election
3-8-2-2.2 Repealed
3-8-2-2.5 Requirements for write-in candidates
3-8-2-2.6 Repealed
3-8-2-2.7 Withdrawal of a write-in candidate
3-8-2-3 Precinct committeeman or delegate to state convention; necessity of
declaration of candidacy
3-8-2-4 Time for filing and execution of declaration of candidacy; declaration of intent
to be a write-in candidate
3-8-2-5 Candidates who file with secretary of state
3-8-2-6 Candidates who file with county election board; posting copy of declarations
of candidacy
3-8-2-7 Declaration of candidacy; contents
3-8-2-8 Declaration of candidacy for U.S. Senator or governor; petitions required;
requirements for a signature; petitioner with a disability; affidavit of assistance
3-8-2-9 Form of petition; certification
3-8-2-10 Submission of petition to county voter registration office; return of petition
3-8-2-11 Filing declaration of candidacy; statement of economic interests or financial
disclosure statement
3-8-2-12 Repealed
3-8-2-12.5 Declaration of intent to be write-in candidate; party affiliation
3-8-2-13 Release of list of candidates
3-8-2-14 Questions concerning validity of declaration
3-8-2-15 Declarations for more than one compensated office
3-8-2-16 Declarations for more than one political party
3-8-2-17 Certified list of candidates
3-8-2-18 Questions concerning declarations of candidacy
3-8-2-19 Publishing and filing notice of election
3-8-2-20 Notice of withdrawal of candidacy
3-8-2-21 Withdrawal of declaration of candidacy
3-8-2-22 Repealed
3-8-2-23 Candidate moving from district in which running; action upon failure to
withdraw

IC 3-8-2-1 Application of chapter

Sec. 1. This chapter applies to the following:
(1) Each political party in the state whose nominee received at least ten percent (10%)
of the total vote cast for secretary of state at the last election.
(2) Write-in candidates.
[Pre-1986 Recodification Citation: 3-1-9-1 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.4-1991, SEC.33.

IC 3-8-2-2 Necessity of declaration of candidacy for nomination at

primary election
Sec. 2. A person who desires to be nominated at a primary election as a candidate of a
political party subject to this chapter for a federal, state, legislative, or local office shall file
a declaration of candidacy.
[Pre-1986 Recodification Citations: 3-1-9-1 part; 3-1-9-5(a) part.]
As added by P.L.5-1986, SEC.4.

IC 3-8-2-2.2 Repealed
As added by P.L.3-1995, SEC.49. Amended by P.L.26-2000, SEC.5; P.L.1-2005, SEC.53.
Repealed by P.L.179-2011, SEC.34.

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IC 3-8-2-2.5 Requirements for write-in candidates
Sec. 2.5. (a) A person who desires to be a write-in candidate for a federal, state,
legislative, or local office or school board office in a general, municipal, or school board
election must file a declaration of intent to be a write-in candidate with the officer with whom
declaration of candidacy must be filed under sections 5 and 6 of this chapter.
(b) The declaration of intent to be a write-in candidate required under subsection (a) must
be signed before a person authorized to administer oaths and must certify the following
information:
(1) The candidate's name must be printed or typewritten as:
(A) the candidate wants the candidate's name to be certified; and
(B) the candidate's name is permitted to appear under IC 3-5-7.
A candidate must specify, by a designation described in IC 3-5-7-5, each designation
that the candidate wants to use that is permitted by IC 3-5-7.
(2) A statement that the candidate is a registered voter and the location of the
candidate's precinct and township (or ward, if applicable, and city or town), county, and
state.
(3) The candidate's complete residence address, and if the candidate's mailing address
is different from the residence address, the mailing address.
(4) The candidate's party affiliation or a statement that the candidate is an independent
candidate (not affiliated with any party). The candidate may not claim affiliation with
any political party described by IC 3-8-4-1.
(5) A statement of the candidate's intention to be a write-in candidate, the name of the
office, including the district, and the date and type of election.
(6) If the candidate is a candidate for the office of President or Vice President of the
United States, a statement declaring the names of the individuals who have consented
and are eligible to be the candidate's candidates for presidential electors and each
candidate for alternate presidential elector for each presidential elector.
(7) The following statements:
(A) A statement that the candidate has attached either of the following to the
declaration:
(i) A copy of a statement of economic interests, file stamped by the office required
to receive the statement of economic interests.
(ii) A receipt or photocopy of a receipt showing that a statement of economic
interests has been filed.
This requirement does not apply to a candidate for a federal office.
(B) A statement that the candidate understands that if the candidate is elected to the
office, the candidate may be required to obtain and file an individual surety bond
before serving in the office. This requirement does not apply to a candidate for a
federal office or legislative office.
(C) A statement that the candidate understands that if the candidate is elected to the
office, the candidate may be required to successfully complete training or have
attained certification related to service in an elected office. This requirement does not
apply to a candidate for a federal office, state office, or legislative office.
(D) A statement that the candidate:
(i) is aware of the provisions of IC 3-9 regarding campaign finance and the
reporting of campaign contributions and expenditures; and
(ii) agrees to comply with the provisions of IC 3-9.
This requirement does not apply to a candidate for a federal office.
The candidate must separately initial each of the statements required by this
subdivision.
(8) A statement as to whether the candidate has:
(A) been a candidate for state, legislative, or local office in a previous primary or
general election; and

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 (B) filed all reports required by IC 3-9-5-10 for all previous candidacies.
(9) If the candidate is subject to IC 3-9-1-5, a statement that the candidate has filed a
campaign finance statement of organization for the candidate's principal committee or
is aware that the candidate may be required to file a campaign finance statement of
organization not later than noon seven (7) days after the final date to file the declaration
of intent to be a write-in candidate under section 4 of this chapter.
(10) If the candidate is subject to IC 3-9-1-5.5, a statement that the candidate is
required to file a campaign finance statement of organization under IC 3-9 after the first
of either of the following occurs:
(A) The candidate receives more than five hundred dollars ($500) in contributions.
(B) The candidate makes more than five hundred dollars ($500) in expenditures.
(11) A statement that the candidate complies with all requirements under the laws of
Indiana to be a candidate for the above named office, including any applicable
residency requirements, and that the candidate is not ineligible to be a candidate due
to a criminal conviction that would prohibit the candidate from serving in the office.
(12) The candidate's signature and telephone number.
(c) At the time of filing the declaration of intent to be a write-in candidate, the write-in
candidate is considered a candidate for all purposes.
(d) A write-in candidate must comply with the requirements under IC 3-8-1 that apply to
the office to which the write-in candidate seeks election.
(e) A person may not be a write-in candidate in a contest for nomination or for election
to a political party office.
(f) A write-in candidate for the office of President or Vice President of the United States
must list the following:
(1) The names of the write-in candidate's candidates for presidential elector. A write-in
candidate may not list more than the total number of presidential electors to be chosen
in Indiana under this subdivision.
(2) The name of the write-in candidate's candidate for each alternate presidential elector
for each presidential elector.
(g) The election division shall provide that the form of a declaration of intent to be a
write-in candidate includes the following information:
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reports under IC 3-9.
(h) A declaration of intent to be a write-in candidate must include a statement that the
candidate requests the name on the candidate's voter registration record be the same as the
name the candidate uses on the declaration of intent to be a write-in candidate. If there is a
difference between the name on the candidate's declaration of intent to be a write-in
candidate and the name on the candidate's voter registration record, the officer with whom
the declaration of intent to be a write-in candidate is filed shall forward the information to
the voter registration officer of the appropriate county as required by IC 3-5-7-6(d). The
voter registration officer of the appropriate county shall change the name on the candidate's
voter registration record to be the same as the name on the candidate's declaration of intent
to be a write-in candidate.
As added by P.L.4-1991, SEC.34. Amended by P.L.1-1992, SEC.3; P.L.10-1992, SEC.11;
P.L.3-1993, SEC.57; P.L.3-1995, SEC.50; P.L.3-1997, SEC.118; P.L.202-1999, SEC.2;
P.L.26-2000, SEC.6; P.L.66-2003, SEC.13; P.L.217-2013, SEC.1; P.L.76-2014, SEC.14;
P.L.169-2015, SEC.52; P.L.74-2017, SEC.21; P.L.201-2017, SEC.8; P.L.227-2023, SEC.37.

IC 3-8-2-2.6 Repealed
As added by P.L.164-2006, SEC.56. Amended by P.L.225-2011, SEC.24. Repealed by
P.L.219-2013, SEC.17.

IC 3-8-2-2.7 Withdrawal of a write-in candidate

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 Sec. 2.7. (a) A candidate may withdraw a declaration of intent to be a write-in candidate
not later than noon July 15 before a general or municipal election.
(b) This subsection applies to a candidate who filed a declaration of intent to be a write-in
candidate with the election division. The election division shall issue a corrected certification
of write-in candidates under IC 3-8-7-30 as soon as practicable after a declaration is
withdrawn under this section.
As added by P.L.3-1993, SEC.58. Amended by P.L.3-1997, SEC.119; P.L.14-2004, SEC.53;
P.L.164-2006, SEC.57; P.L.219-2013, SEC.18.

IC 3-8-2-3 Precinct committeeman or delegate to state convention;

necessity of declaration of candidacy
Sec. 3. A person who desires to be elected either or both of the following at a primary
election shall file a declaration of candidacy:
(1) Precinct committeeman.
(2) Delegate to a state convention.
[Pre-1986 Recodification Citations: 3-1-9-1 part; 3-1-9-4.5(b); 3-1-9-5(a) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1995, SEC.51.

IC 3-8-2-4 Time for filing and execution of declaration of candidacy;

declaration of intent to be a write-in candidate
Sec. 4. (a) A declaration of candidacy for a primary election must be filed not later than
noon eighty-eight (88) days and not earlier than one hundred eighteen (118) days before the
primary election. The declaration must be subscribed and sworn to before a person
authorized to administer oaths.
(b) A declaration of intent to be a write-in candidate must be filed:
(1) not earlier than the first date specified in IC 3-8-6-10(b) for the timely filing of a
petition of nomination; and
(2) not later than noon on the date specified by IC 3-13-1-15(c) for a major political
party to file a certificate of candidate selection.
The declaration must be subscribed and sworn to before a person authorized to administer
oaths.
(c) During a year in which a federal decennial census, federal special census, special
tabulation, or corrected population count becomes effective under IC 1-1-3.5, a declaration
of:
(1) candidacy may be filed for an office that will appear on the primary election ballot;
or
(2) intent to be a write-in candidate may be filed for an office that will appear on the
general, municipal, or school board election ballot;
that year as a result of the new tabulation of population or corrected population count.
[Pre-1986 Recodification Citation: 3-1-9-5(a) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.96; P.L.1-1988, SEC.5;
P.L.10-1988, SEC.32; P.L.5-1989, SEC.23; P.L.2-1990, SEC.6; P.L.4-1991, SEC.35;
P.L.10-1992, SEC.12; P.L.3-1993, SEC.59; P.L.3-1997, SEC.120; P.L.14-2004, SEC.54;
P.L.230-2005, SEC.23; P.L.164-2006, SEC.58; P.L.225-2011, SEC.25; P.L.219-2013,
SEC.19.

IC 3-8-2-5 Candidates who file with secretary of state

Sec. 5. A declaration of candidacy for:
(1) a federal office;
(2) a state office;
(3) a legislative office; or
(4) the local office of:
(A) judge of a circuit, superior, probate, or small claims court; or

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 (B) prosecuting attorney of a judicial circuit;
shall be filed with the secretary of state.
[Pre-1986 Recodification Citation: 3-1-9-5(a) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.97; P.L.5-1988, SEC.2;
P.L.216-2015, SEC.5.

IC 3-8-2-6 Candidates who file with county election board; posting copy
of declarations of candidacy
Sec. 6. (a) A declaration of candidacy for:
(1) any local office not described in section 5 of this chapter;
(2) precinct committeeman; or
(3) delegate to a state convention;
shall be filed in the office of the county election board located in the county seat.
(b) Whenever the election district for a local office includes more than one (1) county, the
declaration of candidacy shall be filed in the office of the county election board located in
the county seat of the county that contains the greatest percentage of population of the
election district.
(c) This subsection applies to a county having a population of more than four hundred
thousand (400,000) and less than seven hundred thousand (700,000). The chief deputy of the
combined election board and board of registration shall post for public inspection a copy of
each declaration of candidacy filed under this section on the day the declaration is filed.
(d) This subsection applies if an election district for a local office is located in more than
one (1) county. The circuit court clerk of the county having the greatest percentage of
population of the election district shall promptly certify the names of each of the candidates
that have filed a declaration of candidacy to be a candidate for the office in the election
district to the county election board of each other county in which the election district is
located.
[Pre-1986 Recodification Citation: 3-1-9-5(a) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.98; P.L.7-1991, SEC.1;
P.L.12-1992, SEC.5; P.L.3-1997, SEC.121; P.L.11-2023, SEC.4; P.L.227-2023, SEC.38.

IC 3-8-2-7 Declaration of candidacy; contents

Sec. 7. (a) The declaration of each candidate required by this chapter must be signed
before a person authorized to administer oaths and contain the following information:
(1) The candidate's name, printed or typewritten as:
(A) the candidate wants the candidate's name to appear on the ballot; and
(B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
A candidate must specify, by a designation described in IC 3-5-7-5, each designation
that the candidate wants to use that is permitted by IC 3-5-7.
(2) A statement that the candidate is a registered voter and the location of the
candidate's precinct and township (or ward, if applicable, and city or town), county, and
state.
(3) The candidate's complete residence address, and if the candidate's mailing address
is different from the residence address, the mailing address.
(4) A statement of the candidate's party affiliation. For purposes of this subdivision, a
candidate is considered to be affiliated with a political party only if any of the following
applies:
(A) The two (2) most recent primary elections in Indiana in which the candidate
voted were primary elections held by the party with which the candidate claims
affiliation. If the candidate cast a nonpartisan ballot at an election held at the most
recent primary election in which the candidate voted, a certification by the county
chairman under clause (B) is required.
(B) The county chairman of:

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 (i) the political party with which the candidate claims affiliation; and
(ii) the county in which the candidate resides;
certifies that the candidate is a member of the political party.
The declaration of candidacy must inform candidates how party affiliation is
determined under this subdivision and permit the candidate to indicate on the
declaration of candidacy which of clauses (A) or (B) applies to the candidate. If a
candidate claims party affiliation under clause (B), the candidate must attach to the
candidate's declaration of candidacy the written certification of the county chairman
required by clause (B).
(5) A statement that the candidate complies with all requirements under the laws of
Indiana to be a candidate for the above named office, including any applicable
residency requirements, and that the candidate is not ineligible to be a candidate due
to a criminal conviction that would prohibit the candidate from serving in the office.
(6) A request that the candidate's name be placed on the official primary ballot of that
party to be voted on, the office for which the candidate is declaring, and the date of the
primary election.
(7) The following statements:
(A) A statement that the candidate has attached either of the following to the
declaration:
(i) A copy of a statement of economic interests, file stamped by the office required
to receive the statement of economic interests.
(ii) A receipt or photocopy of a receipt showing that a statement of economic
interests has been filed.
This requirement does not apply to a candidate for a federal office.
(B) A statement that the candidate understands that if the candidate is elected to the
office, the candidate may be required to obtain and file an individual surety bond
before serving in the office. This requirement does not apply to a candidate for a
federal office or legislative office.
(C) A statement that the candidate understands that if the candidate is elected to the
office, the candidate may be required to successfully complete training or have
attained certification related to service in an elected office. This requirement does not
apply to a candidate for a federal office, state office, or legislative office.
(D) A statement that the candidate:
(i) is aware of the provisions of IC 3-9 regarding campaign finance and the
reporting of campaign contributions and expenditures; and
(ii) agrees to comply with the provisions of IC 3-9.
This requirement does not apply to a candidate for a federal office.
The candidate must separately initial each of the statements required by this
subdivision.
(8) A statement as to whether the candidate has been a candidate for state, legislative,
or local office in a previous primary, municipal, special, or general election and
whether the candidate has filed all reports required by IC 3-9-5-10 for all previous
candidacies.
(9) If the candidate is subject to IC 3-9-1-5, a statement that the candidate has filed a
campaign finance statement of organization for the candidate's principal committee or
is aware that the candidate may be required to file a campaign finance statement of
organization not later than noon seven (7) days after the final date to file the declaration
of candidacy under section 4 of this chapter.
(10) The candidate's signature.
(b) The election division shall provide that the form of a declaration of candidacy includes
the following information:
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reports under IC 3-9.

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 (c) A declaration of candidacy must include a statement that the candidate requests the
name on the candidate's voter registration record be the same as the name the candidate uses
on the declaration of candidacy. If there is a difference between the name on the candidate's
declaration of candidacy and the name on the candidate's voter registration record, the officer
with whom the declaration of candidacy is filed shall forward the information to the voter
registration officer of the appropriate county as required by IC 3-5-7-6(d). The voter
registration officer of the appropriate county shall change the name on the candidate's voter
registration record to be the same as the name on the candidate's declaration of candidacy.
[Pre-1986 Recodification Citation: 3-1-9-5(a) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1993, SEC.60; P.L.3-1995, SEC.52;
P.L.3-1997, SEC.122; P.L.202-1999, SEC.3; P.L.167-2001, SEC.1 and P.L.199-2001,
SEC.15; P.L.69-2003, SEC.2; P.L.194-2013, SEC.12; P.L.76-2014, SEC.15; P.L.169-2015,
SEC.53; P.L.74-2017, SEC.22; P.L.109-2021, SEC.8; P.L.193-2021, SEC.17; P.L.227-2023,
SEC.39.

IC 3-8-2-8 Declaration of candidacy for U.S. Senator or governor;

petitions required; requirements for a signature; petitioner
with a disability; affidavit of assistance
Sec. 8. (a) A declaration of candidacy for the office of United States Senator or for the
office of governor must be accompanied by a petition signed by at least four thousand five
hundred (4,500) voters of the state, including at least five hundred (500) voters from each
congressional district.
(b) Each petition must contain the following:
(1) The signature of each petitioner.
(2) The name of each petitioner legibly printed.
(3) The residence address of each petitioner as set forth on the petitioner's voter
registration record.
(c) Except as provided in this subsection, the signature, printed name, and residence
address of the petitioner must be made in writing by the petitioner. If a petitioner with a
disability is unable to write this information on the petition, the petitioner may authorize an
individual to do so on the petitioner's behalf. The individual acting under this subsection shall
execute an affidavit of assistance for each such petitioner, in a form prescribed by the
election division. The form must set forth the name and address of the individual providing
assistance, and the date the individual provided the assistance. The form must be submitted
with the petition.
(d) This subsection applies to a petition filed during the period:
(1) beginning on the date that a congressional district plan has been adopted under
IC 3-3; and
(2) ending on the date that the part of the act or order issued under IC 3-3-2
establishing the previous congressional district plan is repealed or superseded.
The petition must be signed by at least four thousand five hundred (4,500) voters of Indiana,
including at least five hundred (500) voters from each congressional district created by the
most recent congressional district plan adopted under IC 3-3.
[Pre-1986 Recodification Citation: 3-1-9-5(b).]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1992, SEC.13; P.L.126-2002, SEC.29;
P.L.194-2013, SEC.13; P.L.169-2015, SEC.54.

IC 3-8-2-9 Form of petition; certification

Sec. 9. (a) A petition required by section 8 of this chapter must request that the name of
the candidate be placed on the ballot at the primary election.
(b) The county voter registration office in the county where a petitioner is registered must
certify whether each petitioner is a voter at the residence address listed in the petition at the
time the petition is being processed, and whether that address is located within the election

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district for the office. The certification must accompany and be part of the petition.
(c) If a county is part of more than one (1) congressional district, the certificate must
indicate the number of petitioners from that county who reside in each congressional district.
[Pre-1986 Recodification Citation: 3-1-9-5(c) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.38-1999, SEC.24; P.L.194-2013, SEC.14.

IC 3-8-2-10 Submission of petition to county voter registration office;

return of petition
Sec. 10. (a) A petition required by section 8 of this chapter must be submitted to the
county voter registration office during the period beginning on the first date that a declaration
of candidacy may be filed under section 4 of this chapter in the year in which the primary
election will be held and ending at noon ninety-one (91) days before the primary election.
(b) After the certification of a petition under this section, the county voter registration
office may, upon the request of the candidate named in the petition, return the original
petition to the candidate for filing with the secretary of state under section 5 of this chapter.
[Pre-1986 Recodification Citation: 3-1-9-5(c) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.33; P.L.5-1989, SEC.24;
P.L.225-2011, SEC.26.

IC 3-8-2-11 Filing declaration of candidacy; statement of economic

interests or financial disclosure statement
Sec. 11. (a) A declaration of candidacy may be made by mail and is considered filed as
of the date and hour the filing occurs in the manner described by IC 3-5-2-24.5 in the office
of the election division or circuit court clerk.
(b) This subsection applies to a candidate required to file a statement of economic
interests under IC 2-2.2-2 or IC 33-23-11-15 or a financial disclosure statement under
IC 4-2-6-8. This subsection does not apply to a candidate for a local office or school board
office required to file a statement of economic interests under IC 3-8-9. The election division
shall require the candidate to produce a:
(1) copy of the statement, file stamped by the office required to receive the statement
of economic interests; or
(2) receipt or photocopy of a receipt showing that the statement has been filed;
before the election division accepts the declaration for filing. The election division shall
reject a filing that does not comply with this subsection.
(c) This subsection applies to a candidate for a local office or school board office required
to file a statement of economic interests under IC 3-8-9. The circuit court clerk shall reject
a declaration of candidacy that does not include a statement of economic interests.
[Pre-1986 Recodification Citations: 3-1-9-5(d) part, (e) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.5-1989, SEC.25; P.L.3-1993, SEC.61;
P.L.3-1997, SEC.123; P.L.230-2005, SEC.24; P.L.164-2006, SEC.59; P.L.90-2012, SEC.2;
P.L.219-2013, SEC.20; P.L.123-2015, SEC.19; P.L.74-2017, SEC.23.

IC 3-8-2-12 Repealed
[Pre-1986 Recodification Citation: 3-1-9-5(d) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1995, SEC.53; P.L.3-1997, SEC.124;
P.L.76-2014, SEC.16. Repealed by P.L.278-2019, SEC.20.

IC 3-8-2-12.5 Declaration of intent to be write-in candidate; party affiliation

Sec. 12.5. (a) This section applies to a declaration of intent to be a write-in candidate in
which the candidate states that the candidate is affiliated with the political party.
(b) If a candidate claims affiliation with a political party:
(1) described by IC 3-8-4-1;
(2) of a candidate who has previously filed a petition of nomination under IC 3-8-6; or

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 (3) whose name would result in voter confusion due to its similarity with the name of
a political party described in subdivision (1) or (2);
a registered voter of the election district may question the validity of the filing in accordance
with IC 3-8-1-2. The commission or county election board shall determine the validity of the
questioned filing under section 14 or section 18 of this chapter.
(c) Following the filing of a question under subsection (b) and not later than the deadline
for resolution of a question concerning a candidacy under section 14 or section 18 of this
chapter, a candidate may file a written amendment to the declaration to alter the name of the
political party or to indicate that the candidate is independent.
(d) If:
(1) the commission or county election board determines that the candidate's stated party
affiliation is described under subsection (b); and
(2) the candidate does not file an amendment under subsection (c);
the commission or board shall deny the filing.
As added by P.L.3-1997, SEC.125. Amended by P.L.9-2022, SEC.3.

IC 3-8-2-13 Release of list of candidates

Sec. 13. Immediately after the deadline for filing, the election division and each circuit
court clerk shall certify and release to the public a list of the candidates of each political party
for each office. The election division and circuit court clerk shall also release to the public
a list of all declarations of candidacy whose validity has been questioned under IC 3-8-1-2.
[Pre-1986 Recodification Citation: 3-1-9-5(e) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.126.

IC 3-8-2-14 Questions concerning validity of declaration

Sec. 14. (a) All questions concerning the validity of a declaration filed with the secretary
of state shall be referred to and determined by the commission in accordance with section 18
of this chapter. A statement questioning the validity of a declaration must be filed with the
election division under IC 3-8-1-2(d) not later than noon eighty-one (81) days before the date
of the primary election.
(b) All questions concerning the validity of a declaration of candidacy filed with a circuit
court clerk shall be referred to and determined by the county election board not later than
noon sixty-eight (68) days before the date of the primary election. A statement questioning
the validity of a declaration must be filed with the county election board under IC 3-8-1-2(d)
not later than noon eighty-one (81) days before the date of the primary election.
(c) A question concerning the validity of a declaration of intent to be a write-in candidate
shall be determined by the commission or the county election board not later than noon
eighty-one (81) days before election day. A statement questioning the validity of a
declaration of intent to be a write-in candidate must be filed with the election division or
county election board under IC 3-8-1-2(d) not later than noon eighty-eight (88) days before
election day.
[Pre-1986 Recodification Citation: 3-1-9-5(e) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.4-1991, SEC.36; P.L.3-1993, SEC.62;
P.L.2-1996, SEC.85; P.L.58-2001, SEC.1; P.L.14-2004, SEC.55; P.L.225-2011, SEC.27;
P.L.74-2017, SEC.24.

IC 3-8-2-15 Declarations for more than one compensated office

Sec. 15. (a) A person who files a declaration of candidacy for an elected office for which
a per diem or salary is provided for by law is disqualified from filing a declaration of
candidacy for another office for which a per diem or salary is provided for by law until the
original declaration is withdrawn.
(b) A person may file both:
(1) a declaration of candidacy under this chapter for nomination to a federal or state

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 office; and
(2) a written request under IC 3-8-3-1 that the person's name be placed on the ballot in
a primary election as a candidate for nomination for the office of President of the
United States.
[Pre-1986 Recodification Citation: 3-1-9-5(f).]
As added by P.L.5-1986, SEC.4. Amended by P.L.12-1988, SEC.1; P.L.3-1997, SEC.127;
P.L.176-1999, SEC.31; P.L.179-2011, SEC.3.

IC 3-8-2-16 Declarations for more than one political party

Sec. 16. A person who files a declaration of candidacy for an elected office may not file
a declaration of candidacy for that office in the same primary election for a different political
party until the original declaration is withdrawn.
[Pre-1986 Recodification Citation: 3-1-9-5(g).]
As added by P.L.5-1986, SEC.4.

IC 3-8-2-17 Certified list of candidates

Sec. 17. (a) At least seventy-four (74) days before a primary election in a county, the
election division shall transmit to each county election board a certified list containing the
name and address of each person for whom a declaration of candidacy has been filed with
the election division and for which voters at the primary election may vote.
(b) The list must designate the office for which the person is a candidate and the political
party the person represents.
(c) If the commission determines under section 18 of this chapter that the certified list of
candidates should be amended to add or remove the name of a candidate, as soon as
practicable after this determination, the election division shall transmit the county election
board an amendment indicating the change to be made in the certified list.
[Pre-1986 Recodification Citation: 3-1-9-8.1 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.5-1989, SEC.26; P.L.3-1997, SEC.128;
P.L.225-2011, SEC.28.

IC 3-8-2-18 Questions concerning declarations of candidacy

Sec. 18. (a) The commission shall act upon a question concerning a declaration of
candidacy not later than noon sixty-eight (68) days before the date of the primary election.
(b) The notice requirements set forth in IC 4-21.5 do not apply to the meeting conducted
by the commission under subsection (a). The election division is required to give the best
possible notice of the meeting to a person that the election division identifies as an interested
party. Unless a written objection is filed with the election division before the end of the
meeting, appearance in person or by counsel at the commission's meeting to act under
subsection (a) constitutes an admission that adequate notice of the meeting has been given.
[Pre-1986 Recodification Citation: 3-1-9-8.1 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.5-1989, SEC.27; P.L.2-1996, SEC.86;
P.L.3-1997, SEC.129; P.L.58-2001, SEC.2; P.L.225-2011, SEC.29.

IC 3-8-2-19 Publishing and filing notice of election

Sec. 19. (a) Upon receipt of the certified list under section 17 of this chapter, a county
election board shall immediately compile under the proper political party designation the
following:
(1) The title of each office.
(2) The name of each individual who has filed a request to be placed on the presidential
primary ballot.
(3) The names and addresses of all persons for whom declarations of candidacy have
been filed for nomination to an office on the primary election ballot, except for an
individual with a restricted address under IC 36-1-8.5.

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 (4) The text of any public question to be placed on the ballot.
(5) The date of the primary election.
(6) The hours during which the polls will be open.
(7) The dates, times, and locations of voting at the circuit court clerk's office and at
satellite offices under IC 3-11-10-26.
(b) The county election board shall do the following:
(1) Publish the information described in subsection (a) before the primary election in
accordance with IC 5-3-1.
(2) File a copy of the information described in subsection (a):
(A) with the election division; and
(B) in the minutes of the county election board.
(c) The county election board shall file the copies required under subsection (b)(2) not
later than noon ten (10) days before election day.
(d) An election is not invalidated by the failure of the board to comply with this section.
(e) If the county election board receives an amendment from the election division under
section 17 of this chapter after:
(1) compilation of the information described in subsection (a) has occurred; or
(2) the board determines that it is impractical to recompile completely revised
information;
the board is only required to file a copy of the amendment with the minutes of the board.
[Pre-1986 Recodification Citation: 3-1-9-8.1 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.34; P.L.3-1997, SEC.130;
P.L.38-1999, SEC.25; P.L.179-2011, SEC.4; P.L.216-2015, SEC.6; P.L.109-2021, SEC.9.

IC 3-8-2-20 Notice of withdrawal of candidacy

Sec. 20. (a) A person who files a declaration of candidacy under this chapter may, at any
time not later than noon eighty-one (81) days before the date set for holding the primary
election, file a statement with the same office where the person filed the declaration of
candidacy, stating that the person is no longer a candidate and does not wish the person's
name to appear on the primary election ballot as a candidate.
(b) A candidate who is disqualified from being a candidate under IC 3-8-1-5 must file a
notice of withdrawal immediately upon becoming disqualified. The filing requirements of
subsection (a) do not apply to a notice of withdrawal filed under this subsection.
(c) A candidate who has moved from the election district the candidate sought to represent
must file a notice of withdrawal immediately after changing the candidate's residence. The
filing requirements of subsection (a) do not apply to a notice of withdrawal filed under this
subsection.
[Pre-1986 Recodification Citation: 3-1-9-9(a).]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.35; P.L.5-1989, SEC.28;
P.L.4-1991, SEC.37; P.L.3-1997, SEC.131; P.L.9-2004, SEC.9; P.L.230-2005, SEC.25;
P.L.225-2011, SEC.30; P.L.123-2020, SEC.1.

IC 3-8-2-21 Withdrawal of declaration of candidacy

Sec. 21. Upon receipt of notice under section 20 of this chapter, the election division or
county election board shall indicate in the records of the division or board that the declaration
of candidacy has been withdrawn and may not certify the name of the person as a candidate
to be voted for at the primary election.
[Pre-1986 Recodification Citation: 3-1-9-9(b).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.132.

IC 3-8-2-22 Repealed
[Pre-1986 Recodification Citation: 3-1-9-9(c).]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1997, SEC.475.

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IC 3-8-2-23 Candidate moving from district in which running; action upon
failure to withdraw
Sec. 23. (a) This section applies if a person:
(1) files a declaration of candidacy under this chapter;
(2) moves from the election district that the person sought to represent following the
filing of the declaration of candidacy;
(3) does not file a notice of withdrawal of candidacy under section 20 of this chapter;
and
(4) is no longer an active candidate.
(b) The county chairman of any political party on the ballot in the election district or a
candidate for the office sought by the person described in subsection (a) may, upon
determining that this section applies, file an action in the circuit court, superior court, or
probate court in the county where the person described in subsection (a) resided. The
complaint in this action must:
(1) state that this section applies to the person;
(2) name the person described in subsection (a) and the public official responsible for
placing that person's name on the ballot as defendants; and
(3) be filed no later than a notice of withdrawal could have been filed under section 20
of this chapter.
(c) When a complaint is filed under subsection (b), the circuit court, superior court, or
probate court shall conduct a hearing and rule on the petition within ten (10) days after it is
filed.
(d) If the court finds in favor of the plaintiff, a candidate vacancy occurs on the:
(1) general election ballot; and
(2) primary election ballot if no other person is:
(A) a member of the same political party as the person described in subsection (a);
and
(B) a candidate on the ballot for the office sought by the person described in
subsection (a).
(e) The candidate vacancy shall be filled under IC 3-13-1.
As added by P.L.3-1987, SEC.99. Amended by P.L.84-2016, SEC.6.

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IC 3-8-2.5 Chapter 2.5. Nomination for School Board Office

3-8-2.5-1 Application of chapter

3-8-2.5-2 Petition of nomination; serves as declaration of candidacy; qualifications for
petitioners; required number of signatures; requirements for a signature;
petitioner with a disability; affidavit of assistance
3-8-2.5-2.5 Petition of nomination; contents
3-8-2.5-3 Statement of organization; when required
3-8-2.5-4 Time for filing; petition requirements for write-in candidates; withdrawal of
petition or declaration
3-8-2.5-5 Filing a petition of nomination; school corporation located in more than one
county
3-8-2.5-6 Certification or denial of petition of nomination; notification of denial; contest
of denial of certification
3-8-2.5-7 Consent to candidacy; satisfaction of eligibility requirements; questioning
validity of petition of nomination, declaration of intent to be write-in candidate
3-8-2.5-8 Candidate moving from election district fails to withdraw; complaint; hearing;
resulting candidate vacancy may not be filled

IC 3-8-2.5-1 Application of chapter

Sec. 1. This chapter applies to a candidate for a school board office.
As added by P.L.179-2011, SEC.5.

IC 3-8-2.5-2 Petition of nomination; serves as declaration of candidacy;

qualifications for petitioners; required number of signatures;
requirements for a signature; petitioner with a disability;
affidavit of assistance
Sec. 2. (a) A candidate for a school board office must file a petition of nomination in
accordance with this chapter and as required under IC 20-23 or IC 20-25. The petition of
nomination, once filed, serves as the candidate's declaration of candidacy for a school board
office.
(b) A candidate may be nominated for a school board office by petition of voters who are:
(1) registered to vote at the residence address set forth on the petition on the date the
petition is certified under this chapter; and
(2) qualified to vote for the candidate.
(c) The petition of nomination must be signed by the number of voters required for the
school board office under IC 20-23 or IC 20-25.
(d) Except as provided in this subsection, the signature, printed name, and residence
address of the petitioner must be made in writing by the petitioner. If a petitioner with a
disability is unable to write this information on the petition, the petitioner may authorize an
individual to do so on the petitioner's behalf. The individual acting under this subsection shall
execute an affidavit of assistance for each such petitioner, in a form prescribed by the
election division. The form must set forth the name and address of the individual providing
assistance, and the date the individual provided the assistance. The form must be submitted
with the petition.
As added by P.L.179-2011, SEC.5. Amended by P.L.194-2013, SEC.15; P.L.2-2014, SEC.3;
P.L.76-2014, SEC.17; P.L.169-2015, SEC.55.

IC 3-8-2.5-2.5 Petition of nomination; contents

Sec. 2.5. (a) A petition of nomination for a school board office must state all of the
following:
(1) The name of each candidate as:
(A) the candidate wants the candidate's name to appear on the ballot; and
(B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
The petition must specify, by a designation described in IC 3-5-7-5, each designation

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 that the candidate wants to use that is permitted by IC 3-5-7.
(2) The address of each candidate, including the mailing address, if different from the
residence address of the candidate.
(3) The school board office that each candidate seeks.
(4) That each petitioner is a qualified registered voter and desires to be able to vote for
the candidates listed on the petition.
(b) The petition of nomination must be accompanied by the following:
(1) The candidate's written consent to become a candidate.
(2) A statement that the candidate:
(A) is aware of the provisions of IC 3-9 regarding campaign finance and the
reporting of campaign contributions and expenditures; and
(B) agrees to comply with the provisions of IC 3-9 referred to in clause (A).
(3) A statement by the candidate that the candidate is aware of the requirement to file
a campaign finance statement of organization under IC 3-9 after the first of either of the
following occurs:
(A) The candidate receives more than five hundred dollars ($500) in contributions.
(B) The candidate makes more than five hundred dollars ($500) in expenditures.
(4) A statement indicating whether or not each candidate:
(A) has been a candidate for state, legislative, local, or school board office in a
previous primary, municipal, special, or general election; and
(B) has filed all reports required by IC 3-9-5-10 for all previous candidacies.
(5) A statement that each candidate is legally qualified to hold the office that the
candidate seeks, including any applicable residency requirements and restrictions on
service due to a criminal conviction.
(6) Any statement of economic interests required under IC 3-8-9.
As added by P.L.194-2013, SEC.16. Amended by P.L.76-2014, SEC.18; P.L.169-2015,
SEC.56; P.L.227-2023, SEC.40.

IC 3-8-2.5-3 Statement of organization; when required

Sec. 3. A candidate for a school board office is not required to file a statement of
organization for the candidate's principal committee unless the candidate has received
contributions or made expenditures requiring the filing of a statement under IC 3-9-1-5.5. If
a candidate for a school board office is required to file a statement of organization for the
candidate's principal committee, the statement of organization must be filed by noon seven
(7) days after the final date for filing a petition of nomination or declaration of intent to be
a write-in candidate.
As added by P.L.179-2011, SEC.5.

IC 3-8-2.5-4 Time for filing; petition requirements for write-in candidates;

withdrawal of petition or declaration
Sec. 4. (a) A petition of nomination for a school board office must be filed:
(1) not earlier than the first day voter registration begins following the primary as set
forth in IC 3-7-13-10(c); and
(2) not later than noon thirty (30) days from the date specified in subdivision (1).
The petition must be subscribed and sworn to before a person authorized to administer oaths.
(b) A declaration of intent to be a write-in candidate for a school board office must be
filed:
(1) not earlier than ninety (90) days before the general election is held; and
(2) not later than noon seventy-four (74) days before the general election is held.
The declaration must be subscribed and sworn to before a person authorized to administer
oaths.
(c) A person who files a petition of nomination for a school board office may, at any time
not later than noon July 15 before the general election, file a statement with the same office

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where the person filed the petition of nomination, stating that the person is no longer a
candidate and does not wish the person's name to appear on the election ballot as a candidate.
(d) A person who files a declaration of intent to be a write-in candidate for a school board
office may, at any time not later than noon seventy-one (71) days before the general election,
file a statement with the same office where the person filed the declaration of intent, stating
that the person is no longer a write-in candidate for the office.
As added by P.L.179-2011, SEC.5. Amended by P.L.219-2013, SEC.21; P.L.34-2023, SEC.1.

IC 3-8-2.5-5 Filing a petition of nomination; school corporation located in

more than one county
Sec. 5. (a) If a school corporation is located entirely within one (1) county, a petition of
nomination for the candidate to a school board office must be filed with the county voter
registration office of the county. The county voter registration office of the county shall
examine the voter registration records of the election district to determine if each petitioner
is eligible to vote for the candidates being nominated by the petition.
(b) If a school corporation is located within more than one (1) county, a petition of
nomination for the candidate to a school board office must be filed with the county voter
registration office of the county having the greatest percentage of population of the school
corporation. The county voter registration office shall examine the voter registration records
of each county in the election district to determine if each petitioner is eligible to vote for the
candidates being nominated by the petition.
(c) When the county voter registration office has completed its determination under
subsection (a) or (b), the office shall forward the petitions of nomination to the circuit court
clerk.
(d) This subsection applies if a school corporation is located within more than one (1)
county. The circuit court clerk of the county having the greatest percentage of population of
the school corporation shall promptly certify the names of each of the candidates on the
petition to the county election board of each other county in which the school corporation is
located.
As added by P.L.194-2013, SEC.17.

IC 3-8-2.5-6 Certification or denial of petition of nomination; notification of

denial; contest of denial of certification
Sec. 6. (a) The circuit court clerk with whom the petition of nomination has been filed by
a county voter registration office under section 5 of this chapter shall:
(1) determine whether a sufficient number of signatures as required by section 2 of this
chapter have been obtained; and
(2) do one (1) of the following:
(A) If the petition includes a sufficient number of signatures, certify the petition.
(B) If the petition has an insufficient number of signatures, deny the certification.
(b) If the circuit court clerk with whom the petition was filed denies certification under
subsection (a), the clerk shall notify the candidate immediately:
(1) in person, if the candidate files the petition in person; or
(2) by certified mail.
(c) A candidate may contest the denial of certification based on:
(1) the county voter registration office's failure to certify individual signers as qualified
petitioners; or
(2) the determination by the clerk that the petition has an insufficient number of
signatures;
using the procedure in IC 3-8-1-2 and section 7 of this chapter that applies to questions
concerning the validity of a petition of nomination.
As added by P.L.194-2013, SEC.18. Amended by P.L.201-2017, SEC.9.

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IC 3-8-2.5-7 Consent to candidacy; satisfaction of eligibility requirements;
questioning validity of petition of nomination, declaration of
intent to be write-in candidate
Sec. 7. (a) A person may not be selected as a candidate by petition of nomination without
giving written consent and having it filed with the public official with whom certificates and
petitions of nomination are required to be filed.
(b) Each candidate nominated by petition of nomination for a school board office must
satisfy all statutory eligibility requirements for the office for which the candidate is
nominated, including the filing of statements of economic interest.
(c) A statement questioning the validity of a petition of nomination or contesting the
denial of certification under section 6 of this chapter must be filed with the county election
board in accordance with IC 3-8-1-2 not later than noon seventy-four (74) days before the
date of the general election. A question regarding the validity of a petition of nomination or
the denial of certification shall be referred to and determined by the county election board
not later than noon sixty (60) days before the date of the general election.
(d) A statement concerning the validity of a declaration of intent to be a write-in candidate
for a school board office under section 4 of this chapter must be filed with the county election
board in accordance with IC 3-8-1-2 not later than noon sixty-seven (67) days before the date
of the general election. A question regarding the validity of a declaration of intent to be a
write-in candidate for a school board office shall be referred to and determined by the county
election board not later than noon fifty-four (54) days before the date of the general election.
As added by P.L.194-2013, SEC.19. Amended by P.L.34-2023, SEC.2.

IC 3-8-2.5-8 Candidate moving from election district fails to withdraw;

complaint; hearing; resulting candidate vacancy may not be
filled
Sec. 8. (a) This section applies if a person:
(1) files a petition of nomination under this chapter;
(2) moves from the election district that the person sought to represent following the
filing of the petition of nomination;
(3) does not file a notice of withdrawal of candidacy under this chapter; and
(4) is no longer an active candidate.
(b) A candidate for the school board office sought by the person described in subsection
(a) may, upon determining that this section applies, file an action in the circuit court, superior
court, or probate court in the county where the person described in subsection (a) resided.
The complaint in this action must:
(1) name the person described in subsection (a) and the public official responsible for
placing that person's name on the ballot as defendants;
(2) state that this section applies to the person; and
(3) be filed not later than a notice of withdrawal could have been filed under this
chapter.
(c) When a complaint is filed under subsection (b), the circuit court, superior court, or
probate court shall conduct a hearing and rule on the petition not later than ten (10) days after
the petition is filed.
(d) If the court finds in favor of the plaintiff, a candidate vacancy occurs on the general
election ballot.
(e) The candidate vacancy resulting from the removal of the name of a candidate
nominated by petition for a school board office may not be filled.
As added by P.L.194-2013, SEC.20. Amended by P.L.84-2016, SEC.7.

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IC 3-8-3 Chapter 3. Presidential Primary Candidates

3-8-3-1 Written request to place name on ballot

3-8-3-2 Petition accompanying request; requirements for a signature; petitioner with a
disability; affidavit of assistance
3-8-3-3 Validity of petition; certification
3-8-3-4 Time for filing petition; return of petition
3-8-3-5 Deadline for receipt by election division
3-8-3-6 Certification and release of list of candidates
3-8-3-7 Questions concerning validity of request
3-8-3-7.5 Withdrawal of candidate; deadline
3-8-3-8 Certified list of candidates
3-8-3-9 Sending copy of returns to election division
3-8-3-10 Certification of result of presidential primary vote to state chairmen
3-8-3-11 Delegates to national convention; support of candidate on first ballot

IC 3-8-3-1 Written request to place name on ballot

Sec. 1. (a) This section applies to candidates affiliated with a major political party of the
state.
(b) A candidate of a major political party for nomination for the office of President of the
United States during the period under IC 3-8-2-4 in which a declaration of candidacy may
be filed for the primary election held in the year in which a President is to be elected, shall
file with the election division a request that the candidate's name be placed upon the ballot
under the label of the political party whose nomination the candidate is seeking.
[Pre-1986 Recodification Citation: 3-1-9-19(a) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.36; P.L.3-1997, SEC.133;
P.L.278-2019, SEC.21.

IC 3-8-3-2 Petition accompanying request; requirements for a signature;

petitioner with a disability; affidavit of assistance
Sec. 2. (a) A request filed under section 1 of this chapter must be accompanied by a
petition signed by at least four thousand five hundred (4,500) voters of the state, including
at least five hundred (500) voters from each congressional district.
(b) Each petition must contain the following:
(1) The signature of each petitioner.
(2) The name of each petitioner legibly printed.
(3) The residence address of each petitioner as set forth on the petitioner's voter
registration record.
(c) Except as provided in this subsection, the signature, printed name, and residence
address of the petitioner must be made in writing by the petitioner. If a petitioner with a
disability is unable to write this information on the petition, the petitioner may authorize an
individual to do so on the petitioner's behalf. The individual acting under this subsection shall
execute an affidavit of assistance for each such petitioner, in a form prescribed by the
election division. The form must set forth the name and address of the individual providing
assistance, and the date the individual provided the assistance. The form must be submitted
with the petition.
(d) This subsection applies to a petition filed during the period:
(1) beginning on the date that a congressional district plan has been adopted under
IC 3-3; and
(2) ending on the date that the part of the act or order issued under IC 3-3-2
establishing the previous congressional district plan is repealed or superseded.
The petition must be signed by at least four thousand five hundred (4,500) voters of Indiana,
including at least five hundred (500) voters from each congressional district created by the
most recent congressional district plan adopted under IC 3-3.

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 [Pre-1986 Recodification Citation: 3-1-9-19(a) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1995, SEC.54; P.L.126-2002, SEC.30;
P.L.194-2013, SEC.21; P.L.169-2015, SEC.57.

IC 3-8-3-3 Validity of petition; certification

Sec. 3. (a) A petition required by section 2 of this chapter must request that the candidate's
name be placed on the ballot at the primary election.
(b) The county voter registration office in the county where the petitioner is registered
must certify whether each petitioner is a voter at the residence address listed in the petition
at the time the petition is being processed. The certification must accompany and be part of
the petition.
(c) If a county is part of more than one (1) congressional district, the certificate must
indicate the number of petitioners from that county who are registered voters who reside in
each congressional district.
[Pre-1986 Recodification Citation: 3-1-9-19(b) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.134; P.L.194-2013, SEC.22.

IC 3-8-3-4 Time for filing petition; return of petition

Sec. 4. (a) A petition required by section 2 of this chapter must be submitted to the county
voter registration office during the period beginning on the first date that a declaration of
candidacy for a primary election may be filed under IC 3-8-2-4 in the year in which the
primary election will be held and ending at noon ten (10) days before the final date for filing
a declaration of candidacy under IC 3-8-2-4 for the primary election.
(b) After the certification of a petition under this section, the county voter registration
office may, upon the request of the candidate named in the petition, return the original
petition to the candidate for filing under section 5 of this chapter.
[Pre-1986 Recodification Citation: 3-1-9-19(b) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.37; P.L.3-1997, SEC.135;
P.L.225-2011, SEC.31.

IC 3-8-3-5 Deadline for receipt by election division

Sec. 5. A request or petition filed under this chapter is not valid unless received in the
office of the election division by noon Indianapolis time on the final day for filing a
declaration of candidacy under IC 3-8-2-4 before a primary election.
[Pre-1986 Recodification Citation: 3-1-9-19(c) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.136.

IC 3-8-3-6 Certification and release of list of candidates

Sec. 6. Immediately after the deadline for filing, the election division shall certify and
release to the public a list of the candidates for nomination as President of the United States
for each political party who have filed a request for placement on the primary ballot under
this chapter. The election division shall also release to the public a list of all requests whose
validity has been questioned under IC 3-8-1-2.
[Pre-1986 Recodification Citation: 3-1-9-19(c) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.137.

IC 3-8-3-7 Questions concerning validity of request

Sec. 7. All questions concerning the validity of a request shall be determined by the
commission not later than the deadline to act upon questions concerning primary candidates
under IC 3-8-2-18.
[Pre-1986 Recodification Citation: 3-1-9-19(c) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.2-1996, SEC.87; P.L.3-1997, SEC.138.

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IC 3-8-3-7.5 Withdrawal of candidate; deadline
Sec. 7.5. (a) A person who files a request for ballot placement under this chapter may file
a statement prescribed under IC 3-5-4-8 stating that the person does not wish the person's
name to appear on the presidential primary ballot as a candidate.
(b) A statement filed under this section must be filed with the election division not later
than noon seventy-five (75) days before the date set for holding the primary election.
As added by P.L.278-2019, SEC.22.

IC 3-8-3-8 Certified list of candidates

Sec. 8. (a) Not later than the date prescribed under IC 3-8-2-17 for transmitting a certified
list of candidates before a presidential primary election, the election division shall transmit
to each county election board a certified list containing the name of each person qualified as
a candidate for nomination for the office of President of the United States and the name of
the political party whose nomination the candidate is seeking. This list may be amended in
the same manner prescribed by IC 3-8-2-17.
(b) Except in accordance with an amendment to the certified list, each county election
board shall have the names of the candidates certified by the election division placed on the
ballot as provided by law.
[Pre-1986 Recodification Citation: 3-1-9-19(b) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.139.

IC 3-8-3-9 Sending copy of returns to election division

Sec. 9. (a) Each circuit court clerk shall, not later than noon on the second Monday after
the day the primary election is held, send to the election division by certified mail or hand
delivery one (1) complete copy of all returns for presidential candidates. The clerk shall state
the number of votes received by each candidate in each congressional district within the
county.
(b) A statement described in subsection (a) may be sent by using the computerized list
established under IC 3-7-26.3. A statement sent under this section complies with any
requirement for the statement to be certified or sealed.
[Pre-1986 Recodification Citation: 3-1-9-19(b) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.100; P.L.3-1997, SEC.140;
P.L.81-2005, SEC.30; P.L.221-2005, SEC.14; P.L.230-2005, SEC.26; P.L.1-2006, SEC.3.

IC 3-8-3-10 Certification of result of presidential primary vote to state

chairmen
Sec. 10. The election division shall tabulate the results submitted under section 9 of this
chapter and promptly certify to the state chairman of each political party the result of the
presidential primary vote for the candidates of that party.
[Pre-1986 Recodification Citation: 3-1-9-19(d) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.101; P.L.3-1997, SEC.141.

IC 3-8-3-11 Delegates to national convention; support of candidate on first

ballot
Sec. 11. A delegate or alternate delegate selected from a congressional district to the
national convention of a political party shall, on the first ballot at the national convention,
support the candidate for President of the United States who received the highest number of
votes in the congressional district at the primary election if the person is in fact a candidate
at the convention. A delegate-at-large or alternate delegate-at-large to the national convention
is not required to support a specific candidate for President on any ballot at the convention.
[Pre-1986 Recodification Citation: 3-1-9-19(d) part.]
As added by P.L.5-1986, SEC.4.

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IC 3-8-4 Chapter 4. State Conventions

3-8-4-1 Application of chapter

3-8-4-2 Offices nominated by convention; nomination of electors and delegates of
national convention if not nominated by state convention
3-8-4-3 Delegates
3-8-4-4 Vacancy
3-8-4-5 Furnishing list of delegates to election division
3-8-4-6 Notice of presidential primary vote to convention
3-8-4-7 Procedures for nominating candidates and delegates
3-8-4-8 Voting technique; noncontested offices
3-8-4-9 Inspectors and poll clerks; watchers
3-8-4-10 Nomination of candidates
3-8-4-11 Rules regarding state convention
3-8-4-12 Repealed
3-8-4-13 Repealed
3-8-4-14 Repealed
3-8-4-15 Repealed
3-8-4-16 Repealed
3-8-4-17 Repealed
3-8-4-18 Repealed
3-8-4-19 Repealed
3-8-4-20 Repealed
3-8-4-21 Repealed
3-8-4-22 Repealed
3-8-4-23 Repealed
3-8-4-24 Repealed

IC 3-8-4-1 Application of chapter

Sec. 1. This chapter applies to each political party in the state whose nominee received
at least two percent (2%) of the total vote cast for secretary of state at the last election.
[Pre-1986 Recodification Citations: 3-1-9-1 part; 3-1-15-3 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.102.

IC 3-8-4-2 Offices nominated by convention; nomination of electors and

delegates of national convention if not nominated by state
convention
Sec. 2. (a) A political party shall conduct a state convention to nominate the candidates
of the political party for the following offices to be voted on at the next general election:
(1) Lieutenant governor.
(2) Secretary of state.
(3) Auditor of state.
(4) Treasurer of state.
(5) Attorney general.
(b) The convention may also:
(1) nominate candidates for presidential electors and alternate presidential electors; and
(2) elect the delegates and alternate delegates to the national convention of the political
party.
(c) If a political party's state convention does not:
(1) nominate candidates for presidential electors and alternate presidential electors; or
(2) elect the delegates and alternate delegates to the national convention of the political
party;
the candidates shall be nominated or the delegates elected as provided in the state party's
rules.
[Pre-1986 Recodification Citation: 3-1-10-1.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.103; P.L.14-2004, SEC.56;

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P.L.169-2015, SEC.58; P.L.201-2017, SEC.10; P.L.219-2017, SEC.4; P.L.8-2019, SEC.3.

IC 3-8-4-3 Delegates
Sec. 3. (a) This section applies to each political party that elects delegates to the party's
state convention at a primary election.
(b) Delegates to a state convention shall be chosen at the primary election conducted by
the political party on the first Tuesday after the first Monday in May 2016 and every two (2)
years thereafter. If provided in the rules of the state committee of the political party,
delegates may be elected from delegate districts in each county.
(c) Not later than noon November 30 of the year preceding the year in which the state
convention is to be conducted, the state chairman of a political party shall certify the
following to the election division and to each county committee of the party:
(1) The number of delegates to be elected in each county.
(2) Whether the delegates are to be elected from districts or at large in each county.
(3) If a county is to elect delegates from districts, how many districts must be
established in each county.
(d) The county committee shall establish any delegate districts required to be established
under subsection (c) and file descriptions setting forth the district boundaries with the county
election board not later than noon December 31 of the year preceding the year the state
convention is to be conducted. If the county committee does not timely file district
descriptions under this subsection, the county election board shall establish districts not later
than the first day that a declaration of candidacy may be filed under IC 3-8-2-4, and
apportion the delegates to be elected from each district in accordance with subsection (c).
[Pre-1986 Recodification Citation: 3-1-10-2(a).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.104; P.L.3-1995, SEC.55;
P.L.3-1997, SEC.142; P.L.122-2000, SEC.5; P.L.230-2005, SEC.27; P.L.216-2015, SEC.7.

IC 3-8-4-4 Vacancy
Sec. 4. If a delegate vacancy exists to a political party's state convention, the vacancy shall
be filled in accordance with the rules of the political party.
[Pre-1986 Recodification Citation: 3-1-10-2(b).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.143.

IC 3-8-4-5 Furnishing list of delegates to election division

Sec. 5. (a) This section applies to each political party that elects delegates to the party's
state convention at a primary election.
(b) Each circuit court clerk, not later than noon on the second Monday after a primary
election, shall furnish the election division with a complete list of all delegates elected at the
primary election to the state convention of a political party. The list must include the address
of each delegate and the United States congressional district in which each delegate resides.
[Pre-1986 Recodification Citation: 3-1-9-17(i) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.105; P.L.3-1997, SEC.144;
P.L.221-2005, SEC.15.

IC 3-8-4-6 Notice of presidential primary vote to convention

Sec. 6. If the political party participated in a presidential primary during the year in which
the state convention is held, the state chairman shall notify the convention of the results of
the presidential primary furnished to the chairman under IC 3-8-3-10.
[Pre-1986 Recodification Citation: 3-1-9-17(j).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.106.

IC 3-8-4-7 Procedures for nominating candidates and delegates

Sec. 7. The state committee of the political party holding a state convention shall

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determine the procedure for nominating candidates and electing delegates and alternate
delegates to the national convention.
[Pre-1986 Recodification Citation: 3-1-9-17(k).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.107.

IC 3-8-4-8 Voting technique; noncontested offices

Sec. 8. Candidates shall be nominated or elected at a state convention by using ballot card
systems or electronic voting systems. However, if there is no contest for an office, the
nomination or election may be by motion and acclamation.
[Pre-1986 Recodification Citation: 3-1-10-3 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.108; P.L.221-2005, SEC.16.

IC 3-8-4-9 Inspectors and poll clerks; watchers

Sec. 9. The state chairman of the political party holding a state convention shall appoint
an inspector and two (2) poll clerks to attend each voting system at the convention. Each
candidate may have one (1) watcher at each voting system to check the voting system before
and after each ballot and to check the work of any election officer. The inspector and poll
clerks:
(1) shall take an oath to perform their duties faithfully and to the best of their abilities
before anyone entitled to administer an oath;
(2) must be qualified in relationship to candidates in the same manner as precinct
election officers under IC 3-6-6-7; and
(3) are subject to the same penalties as precinct election officers.
[Pre-1986 Recodification Citation: 3-1-10-3 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.109; P.L.221-2005, SEC.17.

IC 3-8-4-10 Nomination of candidates

Sec. 10. (a) This section applies to a political party whose nominee received at least two
percent (2%) but less than ten percent (10%) of the votes cast for secretary of state at the last
election for that office.
(b) A political party subject to this section shall also nominate the party's candidates for
the following offices at the state convention of the party:
(1) United States Senator.
(2) United States Representative.
(3) Governor.
(4) Legislative office.
(5) A local office listed in IC 3-8-2-5.
(c) A question concerning the validity of a candidate's nomination under this section for
a federal office or a local office listed in IC 3-8-2-5 shall be determined by the commission
in accordance with IC 3-13-1-16.5(a).
[Pre-1986 Recodification Citation: 3-1-10-3 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.110; P.L.4-1996, SEC.25;
P.L.278-2019, SEC.23.

IC 3-8-4-11 Rules regarding state convention

Sec. 11. All matters regarding a state convention that are not prescribed by this chapter
or by other laws are controlled by the rules of the state committee of the political party
holding the convention and by the rules adopted by the convention.
[Pre-1986 Recodification Citation: 3-1-10-3(i).]
As added by P.L.5-1986, SEC.4.

IC 3-8-4-12 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(e).]

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As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-13 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(f).]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-14 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(h).]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-15 Repealed
[Pre-1986 Recodification Citations: 3-1-10-3(d); 3-1-10-6 part.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-16 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(a) part.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-17 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(j).]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-18 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(a) part.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-19 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(b).]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-20 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(c) part.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-21 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(c) part.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-22 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(c) part.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-23 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(g).]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-24 Repealed
[Pre-1986 Recodification Citation: 3-1-15-3 part.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

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IC 3-8-5 Chapter 5. Town Conventions and Major Political Party
Nominations in Small Towns

3-8-5-1 Application of chapter

3-8-5-2 Nomination of candidates
3-8-5-3 Town committees
3-8-5-4 Repealed
3-8-5-5 Repealed
3-8-5-6 Repealed
3-8-5-7 Repealed
3-8-5-8 Repealed
3-8-5-9 Repealed
3-8-5-10 Calling town conventions; necessity; purpose; notice; rescheduling
3-8-5-10.5 Declaration of candidacy
3-8-5-10.5 Declaration of candidacy
3-8-5-11 Eligibility to vote at convention; list of voters
3-8-5-12 Chairman and secretary of convention; items of business to be conducted;
nomination of candidates; recess and reconvening
3-8-5-13 Certificate of nomination
3-8-5-14 Certificate of nomination; contents
3-8-5-14.3 Effect and procedure where convention not required
3-8-5-14.5 Notice of withdrawal
3-8-5-14.7 Validity of documents
3-8-5-15 Repealed
3-8-5-16 Repealed
3-8-5-17 Nomination for town offices by certain political parties

IC 3-8-5-1 Application of chapter

Sec. 1. (a) This chapter applies to the nomination of candidates for town offices in each
town having a population of less than three thousand five hundred (3,500) that is not located
entirely or partially within a county having a consolidated city.
(b) Prison inmates may not be counted in determining population size for purposes of this
chapter.
[Pre-1986 Recodification Citations: 3-2-7.5-1; 3-2-7.5-2 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.111; P.L.11-1988, SEC.2;
P.L.15-1995, SEC.1.

IC 3-8-5-2 Nomination of candidates

Sec. 2. (a) A candidate for a town office may be nominated by a major political party
using any of the following methods:
(1) By convention conducted under this chapter.
(2) By a primary election, if the town legislative body adopts an ordinance under
subsection (d).
(3) If a town convention or a primary election is not required under section 10 of this
chapter for the political party of which the candidate is a member, by the candidate's
declaration of candidacy.
(b) Unless a town legislative body adopts an ordinance under subsection (d), a town shall
use the convention method described in this chapter to nominate major political party
candidates for town offices.
(c) A candidate may also be nominated for a town office by:
(1) a declaration of write-in candidacy under IC 3-8-2-4;
(2) a town convention of a political party described in section 17 of this chapter; or
(3) a petition under IC 3-8-6.
(d) The town legislative body may adopt an ordinance not later than January 1 of the year
in which a municipal election is held to establish a primary election for the nomination of
major political party candidates. The town clerk-treasurer shall file a copy of the ordinance

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with the circuit court clerk of the county that contains the greatest percentage of the town's
population not later than noon on the first date following the adoption of the ordinance that
a declaration of candidacy may be filed under IC 3-8-2-4.
(e) If a town described by section 1 of this chapter adopts an ordinance under subsection
(d) to nominate major political party candidates by a primary election, the following apply:
(1) The county election board of the county that contains the greatest percentage of the
town's population shall conduct the primary election for the town.
(2) All statutes governing primary elections for towns apply.
(3) The town may not change the method of nominating candidates for town offices
more than one (1) time in any twelve (12) year period.
[Pre-1986 Recodification Citation: 3-2-7.5-2 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1993, SEC.63; P.L.167-2001, SEC.2;
P.L.14-2004, SEC.57; P.L.74-2017, SEC.25; P.L.278-2019, SEC.24.

IC 3-8-5-3 Town committees

Sec. 3. (a) Each of the major political parties of the state shall have a committee in a town
subject to this chapter known as the __________ town committee of the town of
____________ (designating the name of the party and the town).
(b) A political party's town committee consists of the following individuals:
(1) A registered voter of the town appointed by the political party's county chairman
of the county containing the greatest percentage of the population of the town. The
individual appointed under this subdivision is the chairman of the town committee. The
county chairman may not appoint an individual who holds a town office for the town.
(2) A registered voter of the town appointed by the political party's town chairman. The
individual appointed under this subdivision is the secretary of the town committee.
(c) A member of a town committee serves until the member's successor is appointed and
qualified.
(d) A member of the town committee serves at the pleasure of the appointing authority
of the member.
(e) The individual who is town chairman vacates the office whenever the individual
becomes a candidate for a town office of the town.
(f) A vacancy on the town committee shall be filled by the appointing authority of the
member who vacated the committee.
[Pre-1986 Recodification Citation: 3-2-7.5-3(a).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.112; P.L.4-1996, SEC.26.

IC 3-8-5-4 Repealed
[Pre-1986 Recodification Citation: 3-2-7.5-3(b).]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.38. Repealed by
P.L.4-1996, SEC.107.

IC 3-8-5-5 Repealed
[Pre-1986 Recodification Citation: 3-2-7.5-3(c).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.113. Repealed by
P.L.4-1996, SEC.107.

IC 3-8-5-6 Repealed
[Pre-1986 Recodification Citation: 3-2-7.5-3(d).]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.39; P.L.4-1991, SEC.38.
Repealed by P.L.4-1996, SEC.107.

IC 3-8-5-7 Repealed
[Pre-1986 Recodification Citation: 3-2-7.5-3(e).]

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As added by P.L.5-1986, SEC.4. Repealed by P.L.4-1996, SEC.107.

IC 3-8-5-8 Repealed
[Pre-1986 Recodification Citation: 3-2-7.5-3(f).]
As added by P.L.5-1986, SEC.4. Repealed by P.L.4-1996, SEC.107.

IC 3-8-5-9 Repealed
[Pre-1986 Recodification Citation: 3-2-7.5-3(g).]
As added by P.L.5-1986, SEC.4. Repealed by P.L.4-1996, SEC.107.

IC 3-8-5-10 Calling town conventions; necessity; purpose; notice;

rescheduling
Sec. 10. (a) If more than one (1) candidate from the same political party files a declaration
of candidacy for the same office, that political party shall conduct:
(1) a town convention under this chapter; or
(2) a primary election;
to choose the nominee of that party for that office as provided in the ordinance adopted under
section 2 of this chapter.
(b) If a town convention is required under subsection (a), the town chairman shall
organize, conduct, and issue a call for a town convention to be held in the town, or, if there
is no suitable location in the town, then either at the nearest available location within any
county in which the town is located or at the county seat of any county in which the town is
located.
(c) The convention must be held not later than August 21 in each year in which a
municipal election is to be held. The purpose of the convention is to select the nominees for
all town offices to be elected at the next municipal election and for which more than one (1)
declaration of candidacy has been filed.
(d) The chairman shall file a notice of the call with the circuit court clerk of the county
containing the greatest percentage of population of the town. The chairman shall also have
notice of the call posted at least three (3) days in three (3) prominent public places in the
town, including the office of the clerk-treasurer. The notice must state the time, place, and
purpose of the convention.
(e) If the county chairman determines that an emergency requires the rescheduling of a
town convention after notice has been given under subsection (d), the chairman shall
promptly file a notice in the office of the county election board and in the office of the town
clerk-treasurer stating the date, time, and place of the rescheduled convention.
[Pre-1986 Recodification Citation: 3-2-7.5-4(a).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.114; P.L.10-1988, SEC.40;
P.L.3-1993, SEC.64; P.L.4-1996, SEC.27; P.L.144-1999, SEC.1; P.L.167-2001, SEC.3;
P.L.230-2005, SEC.28; P.L.225-2011, SEC.32.

IC 3-8-5-10.5 Declaration of candidacy

Note: This version of section effective until 1-1-2024. See also following version of this
section, effective 1-1-2024.
Sec. 10.5. (a) A person who desires to be nominated for a town office by a major political
party must file a declaration of candidacy with the circuit court clerk of the county containing
the greatest percentage of population of the town.
(b) A declaration of candidacy must be filed:
(1) not earlier than the first date that a declaration of candidacy for a primary election
may be filed under IC 3-8-2-4; and
(2) not later than:
(A) noon August 1 before a municipal election if the town nominates its candidates
by convention; and

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 (B) the date that a declaration of candidacy must be filed under IC 3-8-2-4 if the
town nominates its candidates by a primary election.
(c) The declaration must be subscribed and sworn to (or affirmed) before a notary public
or other person authorized to administer oaths.
(d) The declaration of each candidate required by this section must certify the following
information:
(1) The candidate's name, printed or typewritten as:
(A) the candidate wants the candidate's name to appear on the ballot; and
(B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
(2) That the candidate is a registered voter and the location of the candidate's precinct
and township (or the ward, if applicable, and town), county, and state.
(3) The candidate's complete residence address and the candidate's mailing address if
the mailing address is different from the residence address.
(4) The majority party candidate's party affiliation and the office to which the candidate
seeks nomination, including the district designation if the candidate is seeking a town
legislative body seat. For purposes of this subdivision, a candidate is considered to be
affiliated with a political party only if one (1) of the following applies:
(A) The most recent primary election in Indiana in which the candidate voted was a
primary election held by the party with which the candidate claims affiliation. If the
candidate cast a nonpartisan ballot at an election held at the most recent primary
election in which the candidate voted, a certification by the county chairman under
clause (B) is required.
(B) The county chairman of:
(i) the political party with which the candidate claims affiliation; and
(ii) the county in which the candidate resides;
certifies in writing that the candidate is a member of the political party.
The declaration of candidacy must inform a candidate how party affiliation is
determined under this subdivision and permit the candidate to indicate on the
declaration of candidacy whether clause (A) or (B) applies to the candidate. If a
candidate claims party affiliation under clause (B), the candidate must attach to the
candidate's declaration of candidacy the written certification of the county chairman
required by clause (B).
(5) That the candidate complies with all requirements under the laws of Indiana to be
a candidate for the above named office, including any applicable residency
requirements, and is not ineligible to be a candidate due to a criminal conviction that
would prohibit the candidate from serving in the office.
(6) That the candidate has attached either of the following to the declaration:
(A) A copy of a statement of economic interests, file stamped by the office required
to receive the statement of economic interests.
(B) A receipt or photocopy of a receipt showing that a statement of economic
interests has been filed.
(7) That the candidate understands that if the candidate is elected to the office, the
candidate may be required to obtain and file an individual surety bond before serving
in the office.
(8) That the candidate understands that if the candidate is elected to the office, the
candidate may be required to successfully complete training or have attained
certification related to service in an elected office.
(9) That the candidate:
(A) is aware of the provisions of IC 3-9 regarding campaign finance and the
reporting of campaign contributions and expenditures; and
(B) agrees to comply with the provisions of IC 3-9.
(10) A statement indicating whether or not the candidate:
(A) has been a candidate for state, legislative, local, or school board office in a

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 previous primary, municipal, special, or general election; and
(B) has filed all reports required by IC 3-9-5-10 for all previous candidacies.
(11) The candidate's signature.
(e) This subsection does not apply to a town whose municipal election is to be conducted
by a county. Immediately after the deadline for filing, the circuit court clerk shall do all of
the following:
(1) Certify to the town clerk-treasurer and release to the public a list of the candidates
of each political party for each office. The list shall indicate any candidates of a
political party nominated for an office under this chapter because of the failure of any
other candidates of that political party to file a declaration of candidacy for that office.
(2) Post a copy of the list in a prominent place in the circuit court clerk's office.
(3) File a copy of each declaration of candidacy with the town clerk-treasurer.
(f) A person who files a declaration of candidacy for an elected office for which a per
diem or salary is provided for by law is disqualified from filing a declaration of candidacy
for another office for which a per diem or salary is provided for by law until the original
declaration is withdrawn.
(g) A person who files a declaration of candidacy for an elected office may not file a
declaration of candidacy for that office in the same year as a member of a different political
party until the original declaration is withdrawn.
(h) A person who files a declaration of candidacy under this section may file a written
notice withdrawing the person's declaration of candidacy in the same manner as the original
declaration was filed, if the notice of withdrawal is filed not later than:
(1) noon August 1 before the municipal election if the town nominates its candidates
by convention; and
(2) the date that a declaration of candidacy may be withdrawn under IC 3-8-2-20 if the
town nominates its candidates in a primary election.
(i) A declaration of candidacy must include a statement that the candidate requests the
name on the candidate's voter registration record be the same as the name the candidate uses
on the declaration of candidacy. If there is a difference between the name on the candidate's
declaration of candidacy and the name on the candidate's voter registration record, the officer
with whom the declaration of candidacy is filed shall forward the information to the voter
registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter
registration officer of the appropriate county shall change the name on the candidate's voter
registration record to be the same as the name on the candidate's declaration of candidacy.
As added by P.L.3-1987, SEC.115. Amended by P.L.10-1988, SEC.41; P.L.4-1991, SEC.39;
P.L.3-1993, SEC.65; P.L.3-1995, SEC.56; P.L.4-1996, SEC.28; P.L.144-1999, SEC.2;
P.L.202-1999, SEC.4; P.L.167-2001, SEC.4; P.L.14-2004, SEC.58; P.L.225-2011, SEC.33;
P.L.76-2014, SEC.19; P.L.169-2015, SEC.59; P.L.74-2017, SEC.26; P.L.278-2019, SEC.25;
P.L.109-2021, SEC.10.

IC 3-8-5-10.5 Declaration of candidacy

Note: This version of section effective 1-1-2024. See also preceding version of this
section, effective until 1-1-2024.
Sec. 10.5. (a) A person who desires to be nominated for a town office by a major political
party must file a declaration of candidacy with the circuit court clerk of the county containing
the greatest percentage of population of the town.
(b) A declaration of candidacy must be filed:
(1) not earlier than the first date that a declaration of candidacy for a primary election
may be filed under IC 3-8-2-4; and
(2) not later than:
(A) noon August 1 before a municipal election if the town nominates its candidates
by convention; and
(B) the date that a declaration of candidacy must be filed under IC 3-8-2-4 if the

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 town nominates its candidates by a primary election.
(c) The declaration must be subscribed and sworn to (or affirmed) before a notary public
or other person authorized to administer oaths.
(d) The declaration of each candidate required by this section must certify the following
information:
(1) The candidate's name, printed or typewritten as:
(A) the candidate wants the candidate's name to appear on the ballot; and
(B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
A candidate must specify, by a designation described in IC 3-5-7-5, each designation
that the candidate wants to use that is permitted by IC 3-5-7.
(2) That the candidate is a registered voter and the location of the candidate's precinct
and township (or the ward, if applicable, and town), county, and state.
(3) The candidate's complete residence address and the candidate's mailing address if
the mailing address is different from the residence address.
(4) The majority party candidate's party affiliation and the office to which the candidate
seeks nomination, including the district designation if the candidate is seeking a town
legislative body seat. For purposes of this subdivision, a candidate is considered to be
affiliated with a political party only if one (1) of the following applies:
(A) The two (2) most recent primary elections in Indiana in which the candidate
voted were both primary elections held by the party with which the candidate claims
affiliation. If the candidate cast a nonpartisan ballot at an election held at either of
the two (2) most recent primary elections in which the candidate voted, a certification
by the county chairman under clause (B) is required.
(B) The county chairman of:
(i) the political party with which the candidate claims affiliation; and
(ii) the county in which the candidate resides;
certifies in writing that the candidate is a member of the political party.
The declaration of candidacy must inform a candidate how party affiliation is
determined under this subdivision and permit the candidate to indicate on the
declaration of candidacy whether clause (A) or (B) applies to the candidate. If a
candidate claims party affiliation under clause (B), the candidate must attach to the
candidate's declaration of candidacy the written certification of the county chairman
required by clause (B).
(5) That the candidate complies with all requirements under the laws of Indiana to be
a candidate for the above named office, including any applicable residency
requirements, and is not ineligible to be a candidate due to a criminal conviction that
would prohibit the candidate from serving in the office.
(6) That the candidate has attached either of the following to the declaration:
(A) A copy of a statement of economic interests, file stamped by the office required
to receive the statement of economic interests.
(B) A receipt or photocopy of a receipt showing that a statement of economic
interests has been filed.
(7) That the candidate understands that if the candidate is elected to the office, the
candidate may be required to obtain and file an individual surety bond before serving
in the office.
(8) That the candidate understands that if the candidate is elected to the office, the
candidate may be required to successfully complete training or have attained
certification related to service in an elected office.
(9) That the candidate:
(A) is aware of the provisions of IC 3-9 regarding campaign finance and the
reporting of campaign contributions and expenditures; and
(B) agrees to comply with the provisions of IC 3-9.
(10) A statement indicating whether or not the candidate:

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 (A) has been a candidate for state, legislative, local, or school board office in a
previous primary, municipal, special, or general election; and
(B) has filed all reports required by IC 3-9-5-10 for all previous candidacies.
(11) The candidate's signature.
(e) This subsection does not apply to a town whose municipal election is to be conducted
by a county. Immediately after the deadline for filing, the circuit court clerk shall do all of
the following:
(1) Certify to the town clerk-treasurer and release to the public a list of the candidates
of each political party for each office. The list shall indicate any candidates of a
political party nominated for an office under this chapter because of the failure of any
other candidates of that political party to file a declaration of candidacy for that office.
(2) Post a copy of the list in a prominent place in the circuit court clerk's office.
(3) File a copy of each declaration of candidacy with the town clerk-treasurer.
(f) A person who files a declaration of candidacy for an elected office for which a per
diem or salary is provided for by law is disqualified from filing a declaration of candidacy
for another office for which a per diem or salary is provided for by law until the original
declaration is withdrawn.
(g) A person who files a declaration of candidacy for an elected office may not file a
declaration of candidacy for that office in the same year as a member of a different political
party until the original declaration is withdrawn.
(h) A person who files a declaration of candidacy under this section may file a written
notice withdrawing the person's declaration of candidacy in the same manner as the original
declaration was filed, if the notice of withdrawal is filed not later than:
(1) noon August 1 before the municipal election if the town nominates its candidates
by convention; and
(2) the date that a declaration of candidacy may be withdrawn under IC 3-8-2-20 if the
town nominates its candidates in a primary election.
(i) A declaration of candidacy must include a statement that the candidate requests the
name on the candidate's voter registration record be the same as the name the candidate uses
on the declaration of candidacy. If there is a difference between the name on the candidate's
declaration of candidacy and the name on the candidate's voter registration record, the officer
with whom the declaration of candidacy is filed shall forward the information to the voter
registration officer of the appropriate county as required by IC 3-5-7-6(d). The voter
registration officer of the appropriate county shall change the name on the candidate's voter
registration record to be the same as the name on the candidate's declaration of candidacy.
As added by P.L.3-1987, SEC.115. Amended by P.L.10-1988, SEC.41; P.L.4-1991, SEC.39;
P.L.3-1993, SEC.65; P.L.3-1995, SEC.56; P.L.4-1996, SEC.28; P.L.144-1999, SEC.2;
P.L.202-1999, SEC.4; P.L.167-2001, SEC.4; P.L.14-2004, SEC.58; P.L.225-2011, SEC.33;
P.L.76-2014, SEC.19; P.L.169-2015, SEC.59; P.L.74-2017, SEC.26; P.L.278-2019, SEC.25;
P.L.109-2021, SEC.10; P.L.227-2023, SEC.41.

IC 3-8-5-11 Eligibility to vote at convention; list of voters

Sec. 11. (a) An individual is eligible to participate in a town convention if the individual
meets all the following requirements:
(1) The voter resides in the town on the date the convention is conducted.
(2) The voter became a registered voter of the town not later than the date specified in
the rules of the major political party conducting the convention.
(3) The voter subscribes to a statement under the penalties for perjury stating that the
individual is affiliated with the political party conducting the convention.
(4) The voter complies with any other requirement for determining political party
affiliation set forth in the rules of the major political party conducting the convention.
(b) The county election board shall furnish the secretary of the convention a list of all the
town's voters. The list must state the date that the individual became a voter of the town, if

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the individual became a voter of the town during the year in which the list is furnished. An
individual who wants to vote in a town convention must register with the secretary of the
convention and subscribe to the statement described in subsection (a)(3) before being
permitted to vote in the convention. The secretary of the convention shall note on the list of
the town's voters when an individual registers with the secretary.
(c) An individual may not vote at more than one (1) convention held in the town during
the same election year.
[Pre-1986 Recodification Citation: 3-2-7.5-4(b).]
As added by P.L.5-1986, SEC.4. Amended by P.L.167-2001, SEC.5; P.L.9-2004, SEC.10.

IC 3-8-5-12 Chairman and secretary of convention; items of business to be

conducted; nomination of candidates; recess and reconvening
Sec. 12. (a) The town chairman and secretary of each town political party committee shall
act as chairman and secretary of their respective conventions.
(b) As the first item of convention business, the town chairman shall make the initial
determination regarding which individuals are eligible to vote in the town convention under
section 11 of this chapter. If an individual objects to the determination of the chairman, the
matter shall be put to the vote of all those individuals whose eligibility to vote is not in
dispute.
(c) As the second item of convention business, the town chairman shall submit copies of
proposed rules to the members of the convention for adoption. The rules must provide for
at least the following:
(1) The voting method to be used for nominating candidates at the convention.
(2) The method to be used for resolving tie votes.
(3) Any method for removing candidates from consideration by the convention if no
candidate receives a majority vote from all voters casting a ballot at the convention.
(4) The rights of nonvoting observers, media, candidate watchers, or others attending
the convention.
(d) If the town chairman of the political party committee is unable or unwilling to act as
chairman of the convention, the secretary acts as chairman until the convention elects a
chairman of the convention from among the voters attending the convention. If the town
secretary of the political party committee is unable or unwilling to act as secretary of the
convention, the convention shall elect a secretary of the convention from among the voters
attending the convention.
(e) After adoption of the convention rules, the convention may proceed to vote on the
candidates to be nominated. The candidates for town offices must be nominated by a majority
of the voters present and voting. If more than one (1) person may be elected to an at-large
town council seat, the convention shall determine the total votes received by each candidate
for an at-large town council seat. The candidates who receive the highest number of votes,
up to the total number to be elected, are the nominees of the convention.
(f) The town convention may recess and reconvene if a majority of eligible voters at the
convention adopt a motion to recess and reconvene. The motion must state the date, time, and
location of the reconvening of the convention. However, a convention may not reconvene on
a date following the final date permitted for a convention to be convened under section 10
of this chapter.
[Pre-1986 Recodification Citation: 3-2-7.5-4(c).]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.42; P.L.4-1991, SEC.40;
P.L.3-1993, SEC.66; P.L.4-1996, SEC.29; P.L.230-2005, SEC.29; P.L.74-2017, SEC.27.

IC 3-8-5-13 Certificate of nomination

Sec. 13. (a) The chairman and secretary of a town convention shall execute a certificate
of nomination in writing, setting out the following:
(1) The name of each nominee as:

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 (A) the nominee wants the nominee's name to appear on the ballot; and
(B) the nominee's name is permitted to appear on the ballot under IC 3-5-7.
The certificate must specify, by a designation described in IC 3-5-7-5, each designation
that the nominee wants to use that is permitted by IC 3-5-7.
(2) The residence address of each nominee.
(3) The office for which each nominee was nominated.
(4) That each nominee is legally qualified to hold office.
(b) Both the chairman and secretary shall acknowledge the certificate before an officer
authorized to take acknowledgment of deeds.
(c) The certificate must be filed with the circuit court clerk of the county having the
greatest percentage of the population of the town.
(d) The certificate must be filed with the circuit court clerk no later than noon August 28
before the municipal election.
(e) The circuit court clerk shall file a copy of each certificate with the town clerk-treasurer
no later than noon September 4.
[Pre-1986 Recodification Citation: 3-2-7.5-4(d) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.116; P.L.10-1988, SEC.43;
P.L.3-1989, SEC.5; P.L.3-1993, SEC.67; P.L.144-1999, SEC.3; P.L.202-1999, SEC.5;
P.L.14-2004, SEC.59; P.L.227-2023, SEC.42.

IC 3-8-5-14 Certificate of nomination; contents

Sec. 14. A certificate of nomination executed under section 13 of this chapter must be
signed before a person authorized to administer oaths and certify the following information:
(1) The name of the party, the town where the convention was held, the date of the
convention, and the date of the town election.
(2) The title of the party that the candidates represent and the device by which the
candidates may be designated on the ballots (a symbol to designate the party).
(3) The signature and residence address of the presiding officer and secretary of the
convention.
[Pre-1986 Recodification Citation: 3-2-7.5-4(d) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.44; P.L.8-1989, SEC.4;
P.L.3-1993, SEC.68; P.L.3-1995, SEC.57; P.L.4-1996, SEC.30; P.L.225-2011, SEC.34.

IC 3-8-5-14.3 Effect and procedure where convention not required

Sec. 14.3. If a convention or a primary election is not required under section 10 of this
chapter, notwithstanding IC 3-10-7:
(1) a municipal primary election or town convention may not be held; and
(2) each candidate who filed a declaration of candidacy shall be placed on the
municipal election ballot, unless IC 3-10-7-6(b) applies.
As added by P.L.3-1993, SEC.69. Amended by P.L.167-2001, SEC.6.

IC 3-8-5-14.5 Notice of withdrawal

Sec. 14.5. (a) A town election board or circuit court clerk conducting a municipal election
under IC 3-10-7 may not include the name of a candidate nominated by a town convention
on the municipal election ballot if the person files a notice to withdraw with the clerk. The
circuit court clerk shall notify the town election board of any candidate withdrawal filed
under this subsection not later than the deadline for the clerk to file a copy of the certification
of nomination under section 13(e) of this chapter.
(b) The notice to withdraw must:
(1) be signed and acknowledged before an officer authorized to take acknowledgments
of deeds;
(2) have the certificate of acknowledgment appended to the notice; and
(3) be filed with the clerk no later than noon three (3) days following the adjournment

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 of the convention.
As added by P.L.10-1988, SEC.45. Amended by P.L.278-2019, SEC.26.

IC 3-8-5-14.7 Validity of documents

Sec. 14.7. (a) All questions regarding the validity of:
(1) a declaration of candidacy;
(2) a petition of nomination; or
(3) a certificate of nomination of a candidate by a town convention;
subject to this chapter shall be filed under IC 3-8-1-2, with the county election board of the
county where the declaration of candidacy was filed, not later than noon seven (7) days after
the final date for filing a certificate under section 13(d) of this chapter. The question shall be
referred to and determined by the town election board (or by the appropriate county election
board if a county election board is conducting the election for the town).
(b) The election board shall rule on the validity of any document described in subsection
(a) not later than noon seven (7) days following the deadline for filing of the document
required by subsection (a).
(c) A question regarding the validity of a declaration to be a write-in candidate for
election to a town office must be filed under IC 3-8-1-2 not later than the date and time
specified by IC 3-8-2-14(c), and shall be determined by the election board not later than the
date and time specified by IC 3-8-2-14(c).
As added by P.L.4-1996, SEC.31. Amended by P.L.144-1999, SEC.4; P.L.14-2004, SEC.60;
P.L.278-2019, SEC.27.

IC 3-8-5-15 Repealed
[Pre-1986 Recodification Citation: 3-2-7.5-5(a).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.117; P.L.10-1988, SEC.46;
P.L.14-2004, SEC.61. Repealed by P.L.278-2019, SEC.28.

IC 3-8-5-16 Repealed
[Pre-1986 Recodification Citation: 3-2-7.5-5(b).]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-5-17 Nomination for town offices by certain political parties

Sec. 17. (a) This section applies to a political party:
(1) not qualified to conduct a primary election under IC 3-10; and
(2) not required to nominate candidates by a petition of nomination under IC 3-8-6.
(b) An individual who desires to be nominated for a town office by the political party
must file a declaration of candidacy in the same manner as a candidate for nomination by a
major political party under section 10.5 of this chapter. If a convention would be required for
the political party under section 10 of this chapter, the political party shall conduct a
convention to nominate candidates for town office not later than the date for conducting a
major party town convention under section 10 of this chapter.
(c) The chairman and secretary of the town convention shall execute, acknowledge, and
file a certificate setting forth the nominees of the convention in accordance with section 13
of this chapter.
(d) Each candidate nominated under this section shall execute a consent to the nomination
in the same form as a candidate nominated by petition under IC 3-8-6. The consent must be
filed with the certificate under subsection (c). An individual who wishes to withdraw as a
candidate after nomination by the convention must do so in the manner prescribed by section
14.5 of this chapter.
(e) The circuit court clerk shall file a copy of each certificate and each candidate's consent
with the town clerk-treasurer in accordance with section 13 of this chapter.
(f) A candidate's consent to the nomination must include a statement that the candidate

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requests the name on the candidate's voter registration record be the same as the name the
candidate uses on the declaration of candidacy. If there is a difference between the name on
the candidate's consent to the nomination and the name on the candidate's voter registration
record, the officer with whom the consent to the nomination is filed shall forward the
information to the voter registration officer of the appropriate county as required by
IC 3-5-7-6(d). The voter registration officer of the appropriate county shall change the name
on the candidate's voter registration record to be the same as the name on the candidate's
consent to the nomination.
As added by P.L.3-1995, SEC.58. Amended by P.L.38-1999, SEC.26; P.L.202-1999, SEC.6;
P.L.227-2023, SEC.43.

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IC 3-8-6 Chapter 6. Nomination by Petition for Independent or Minor
Political Party Candidates

3-8-6-1 Application of chapter

3-8-6-2 Nomination by petition
3-8-6-3 Required number of signatures
3-8-6-4 Nature of office sought; independent candidates
3-8-6-5 Contents of petition
3-8-6-5.5 Questions concerning validity of filings
3-8-6-6 Signatures; petitioners must be registered to vote; requirements for a signature;
petitioner with a disability; affidavit of assistance
3-8-6-7 Form of signature on petition of nomination
3-8-6-8 Certification of petitioners as eligible to vote
3-8-6-9 Repealed
3-8-6-10 Time for submitting and filing petition; filings during year when census taken
3-8-6-11 Town and school board offices; filing petition of nomination
3-8-6-12 Petition of nomination; filing; contents
3-8-6-12.5 Timely filing of all documents required for effective nomination
3-8-6-13 Special election called by governor; filing of petition
3-8-6-13.5 Withdrawal of petition of nomination
3-8-6-14 Eligibility and consent of candidate; resolution of questions concerning
validity of petition
3-8-6-15 Repealed
3-8-6-16 Candidate departing election district without withdrawal of candidacy;
procedure
3-8-6-17 Replacement of candidate on petition of nomination

IC 3-8-6-1 Application of chapter

Sec. 1. (a) This chapter applies to a candidate for nomination to an elected office who:
(1) is an independent candidate; or
(2) represents a political party not qualified to nominate candidates in a primary or by
convention.
(b) This chapter does not apply to a candidate for a school board office.
[Pre-1986 Recodification Citation: 3-1-11-1(a)(2) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1993, SEC.70; P.L.194-2013, SEC.23.

IC 3-8-6-2 Nomination by petition

Sec. 2. A candidate may be nominated for an elected office by petition of voters who are:
(1) registered to vote at the residence address set forth on the petition on the date the
county voter registration office certifies the petition under section 8 of this chapter; and
(2) qualified to vote for the candidate.
[Pre-1986 Recodification Citation: 3-1-11-1(a)(2) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.225-2011, SEC.35; P.L.194-2013, SEC.24.

IC 3-8-6-3 Required number of signatures

Sec. 3. (a) A petition of nomination must be signed by the number of voters equal to two
percent (2%) of the total vote cast at the last election for secretary of state in the election
district that the candidate seeks to represent.
(b) In determining the number of signatures required under this section, any fraction in
excess of a whole number must be disregarded.
(c) If an election district is included entirely within one (1) precinct, and does not include
the entire precinct, the petition of nomination must be signed by at least five (5) voters of the
election district.
[Pre-1986 Recodification Citations: 3-1-11-1(a)(2)(A), (B), (C), (D); 3-1-11-1(b).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.145; P.L.227-2023, SEC.44.

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IC 3-8-6-4 Nature of office sought; independent candidates
Sec. 4. (a) Each candidate nominated by petition under section 2 of this chapter must be
seeking an office that serves the entire state or a congressional or legislative district, or the
same political subdivision.
(b) For purposes of subsection (a), candidates seeking a fiscal or legislative body seat
elected only by the voters of a district within a county or municipality and candidates seeking
an office to be voted on by all the voters of the county or municipality are considered to be
seeking offices that serve the same political subdivision.
(c) An independent candidate may not include the name of any other candidate on the
petition or request to be placed on the ballot as associated with any other candidate, except
for the other candidate included on an independent ticket for President and Vice President
of the United States or governor and lieutenant governor.
[Pre-1986 Recodification Citation: 3-1-11-1(d).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1993, SEC.71; P.L.14-2004, SEC.62.

IC 3-8-6-5 Contents of petition

Sec. 5. (a) A petition of nomination must state all of the following:
(1) The name of each candidate as:
(A) the candidate wants the candidate's name to appear on the ballot; and
(B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
The petition must specify, by a designation described in IC 3-5-7-5, each designation
that the candidate wants to use that is permitted by IC 3-5-7.
(2) The address of each candidate, including the mailing address, if different from the
residence address of the candidate.
(3) The office that each candidate seeks.
(4) The information required under IC 3-10-4-5, if the petition nominates candidates
for presidential electors.
(5) That the petitioners desire and are registered and qualified to vote for each
candidate.
(6) Whether the candidate is affiliated with the same political party as any other
candidate or group of candidates that has filed or will be filing a petition of nomination
with the county voter registration office under section 10 of this chapter. This
subdivision does not apply to an independent candidate.
(b) A petition of nomination must:
(1) designate a brief name of the political party that the candidates represent;
(2) indicate that the candidate is an independent candidate; or
(3) indicate that the candidates are an independent ticket.
(c) If a political party has previously filed a device with the election division under
IC 3-8-7-11, the petition may incorporate that device by reference in the petition. If a
political party has not previously filed a device under IC 3-8-7-11, or the petition is for an
independent ticket, the petition of nomination may include a device for designating the party
or ticket on the ballot.
[Pre-1986 Recodification Citation: 3-1-11-1(e).]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.47; P.L.3-1993, SEC.72;
P.L.3-1995, SEC.59; P.L.3-1997, SEC.146; P.L.202-1999, SEC.7; P.L.14-2004, SEC.63;
P.L.230-2005, SEC.30; P.L.227-2023, SEC.45.

IC 3-8-6-5.5 Questions concerning validity of filings

Sec. 5.5. (a) This section applies to a petition of nomination which states that a candidate
is affiliated with a political party.
(b) If a candidate claims affiliation with a political party:
(1) described by IC 3-8-4-1;
(2) of a candidate who has previously filed a petition of nomination under this chapter;

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 or
(3) whose name would result in voter confusion due to its similarity with the name of
a political party described in subdivision (1) or (2);
a registered voter of the election district may question the validity of the filing in accordance
with IC 3-8-1-2.
(c) If the voter affirms under subsection (b) that:
(1) the candidate is not the nominee of the political party described in subsection
(b)(1);
(2) the candidate is not affiliated with the political party described in subsection (b)(2);
or
(3) the name of the political party set forth in the petition would cause voter confusion
under subsection (b)(3);
the commission or county election board shall determine the validity of the questioned filing
under section 14 of this chapter.
(d) Following the filing of a question under subsection (b)(3) and not later than the
deadline for resolution of a question concerning a petition under section 14 of this chapter,
all candidates named in the petition may file a joint written amendment to the petition to alter
the name of the political party or to indicate that the candidates are independent.
(e) If:
(1) the commission or county election board determines that the party affiliation stated
on the petition is described under subsection (b) and that the affirmation of the voter
under subsection (c) is correct; and
(2) in the case of a determination under subsection (c)(3), the candidates do not file an
amendment under subsection (d);
the commission or board shall deny the filing.
As added by P.L.3-1997, SEC.147. Amended by P.L.14-2004, SEC.64.

IC 3-8-6-6 Signatures; petitioners must be registered to vote;

requirements for a signature; petitioner with a disability;
affidavit of assistance
Sec. 6. (a) The signatures to a petition of nomination need not be appended to one (1)
paper, but a petitioner may not be counted unless the petitioner is registered and qualified to
vote in conformity with section 8 of this chapter. Each petition must contain the following:
(1) The signature of each petitioner.
(2) The name of each petitioner legibly printed.
(3) The residence address of each petitioner as set forth on the petitioner's voter
registration record.
(b) Except as provided in this subsection, the signature, printed name, and residence
address of the petitioner must be made in writing by the petitioner. If a petitioner with a
disability is unable to write this information on the petition, the petitioner may authorize an
individual to do so on the petitioner's behalf. The individual acting under this subsection shall
execute an affidavit of assistance for each such petitioner, in a form prescribed by the
election division. The form must set forth the name and address of the individual providing
assistance, and the date the individual provided the assistance. The form must be submitted
with the petition.
[Pre-1986 Recodification Citation: 3-1-11-1(c).]
As added by P.L.5-1986, SEC.4. Amended by P.L.194-2013, SEC.25; P.L.64-2014, SEC.35;
P.L.169-2015, SEC.60.

IC 3-8-6-7 Form of signature on petition of nomination

Sec. 7. Each petitioner on a petition of nomination must, in conformity with section 6 of
this chapter:
(1) sign the petitioner's name;

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 (2) have the petitioner's mark attested; or
(3) authorize an individual to sign on behalf of the petitioner with a disability.
[Pre-1986 Recodification Citation: 3-1-11-2.]
As added by P.L.5-1986, SEC.4. Amended by P.L.194-2013, SEC.26.

IC 3-8-6-8 Certification of petitioners as eligible to vote

Sec. 8. For a petition of nomination to be considered valid by the officer required to
receive the petition, the county voter registration office in the county where the petitioner is
registered must certify that each petitioner is a voter at the residence address listed in the
petition at the time the petition is being processed. The certification must accompany and be
part of each petition. The certification must indicate that each petitioner is eligible to vote
for the candidates being nominated by the petition.
[Pre-1986 Recodification Citation: 3-1-11-1(f) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.194-2013, SEC.27.

IC 3-8-6-9 Repealed
[Pre-1986 Recodification Citation: 3-1-11-3 part.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.10-1992, SEC.30 and P.L.11-1992, SEC.4.

IC 3-8-6-10 Time for submitting and filing petition; filings during year
when census taken
Sec. 10. (a) Except as provided in section 11 of this chapter, a petition of nomination must
be submitted to the county voter registration office of each county in which the election
district is located.
(b) The petition must be filed during the period beginning on the first date that a
declaration of candidacy for a primary election may be filed under IC 3-8-2-4 in the year in
which the election will be held and ending at noon June 30 before the election.
(c) The county voter registration office shall certify and file a petition that complies with
the requirements of this chapter with the public official authorized to place names on the
ballot (and a copy of the petition with the town clerk-treasurer, if the petition of nomination
is for a town office) not later than noon July 15.
(d) This subsection applies to a county in which the county voter registration office is a
board of registration established under IC 3-7-12. A candidate for a local office is not
required to file the candidate's written consent to become a candidate with the circuit court
clerk until the petition of nomination for the candidate is filed in accordance with section 12
of this chapter.
(e) Following certification of a petition under this section, the office may, upon the
request of a candidate named in the petition, return the original petition to the candidate for
filing with the appropriate official in accordance with this subsection. The candidate must file
the certified petition with the appropriate official not later than noon July 15.
(f) During a year in which a federal decennial census, federal special census, special
tabulation, or corrected population count becomes effective under IC 1-1-3.5, a petition of
nomination may be filed for an office that will appear on the primary election ballot that year
as a result of the new tabulation of population or corrected population count.
[Pre-1986 Recodification Citation: 3-1-11-1(f) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.118; P.L.1-1988, SEC.6;
P.L.10-1988, SEC.48; P.L.2-1990, SEC.7; P.L.3-1997, SEC.148; P.L.176-1999, SEC.32;
P.L.260-2001, SEC.1; P.L.225-2011, SEC.36; P.L.74-2017, SEC.28; P.L.278-2019, SEC.29.

IC 3-8-6-11 Town and school board offices; filing petition of nomination

Sec. 11. (a) Whenever a town is wholly or partly located in a county having a
consolidated city, a petition of nomination must be filed with the circuit court clerk of the
county having the consolidated city.

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 (b) Whenever a town not described in subsection (a) has entered into an agreement with
a county under IC 3-10-7-4, the petition must be filed with the county voter registration office
of that county.
(c) When a petition is filed under subsection (a) or (b) for nomination to an office whose
election district is in more than one (1) county, the circuit court clerk or board of registration
shall examine the voter registration records of each county in the election district to
determine if each petitioner is eligible to vote for the candidates being nominated by the
petition.
[Pre-1986 Recodification Citation: 3-1-11-1(f) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.6-1986, SEC.5; P.L.3-1987, SEC.119;
P.L.10-1988, SEC.49; P.L.3-1989, SEC.6; P.L.194-2013, SEC.28.

IC 3-8-6-12 Petition of nomination; filing; contents

Sec. 12. (a) A petition of nomination for an office filed under section 10 of this chapter
must be filed with and, except as provided in subsection (d), certified by the person with
whom a declaration of candidacy must be filed under IC 3-8-2.
(b) The certified petition of nomination must be accompanied by the following:
(1) The candidate's written consent to become a candidate.
(2) The following statements:
(A) A statement that the candidate has attached either of the following to the petition:
(i) A copy of a statement of economic interests, file stamped by the office required
to receive the statement of economic interests.
(ii) A receipt or photocopy of a receipt showing that a statement of economic
interests has been filed.
This requirement does not apply to a candidate for a federal office.
(B) A statement that the candidate understands that if the candidate is elected to the
office, the candidate may be required to obtain and file an individual surety bond
before serving in the office. This requirement does not apply to a candidate for a
federal office or legislative office.
(C) A statement that the candidate understands that if the candidate is elected to the
office, the candidate may be required to successfully complete training or have
attained certification related to service in an elected office. This requirement does not
apply to a candidate for a federal office, state office, or legislative office.
(D) A statement that the candidate:
(i) is aware of the provisions of IC 3-9 regarding campaign finance and the
reporting of campaign contributions and expenditures; and
(ii) agrees to comply with the provisions of IC 3-9.
This requirement does not apply to a candidate for a federal office.
The candidate must separately initial each of the statements required by this
subdivision.
(3) If the candidate is subject to IC 3-9-1-5, a statement by the candidate that the
candidate has filed a campaign finance statement of organization under IC 3-9-1-5 or
is aware that the candidate may be required to file a campaign finance statement of
organization not later than noon seven (7) days after the final date for filing a petition
for nomination under section 10 of this chapter.
(4) If the candidate is subject to IC 3-9-1-5.5, a statement by the candidate that the
candidate is aware of the requirement to file a campaign finance statement of
organization under IC 3-9 after the first of either of the following occurs:
(A) The candidate receives more than five hundred dollars ($500) in contributions.
(B) The candidate makes more than five hundred dollars ($500) in expenditures.
(5) A statement indicating whether or not each candidate:
(A) has been a candidate for state or local office in a previous primary or general
election; and

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 (B) has filed all reports required by IC 3-9-5-10 for all previous candidacies.
(6) A statement that each candidate is legally qualified to hold the office that the
candidate seeks, including any applicable residency requirements and restrictions on
service due to a criminal conviction.
(7) If the petition is filed with the secretary of state for an office not elected by the
electorate of the whole state, a statement signed by the circuit court clerk of each
county in the election district of the office sought by the individual.
(8) Any statement of economic interests required under IC 3-8-1-33.
(c) The statement required under subsection (b)(7) must:
(1) be certified by each circuit court clerk; and
(2) indicate the number of votes cast for secretary of state:
(A) at the last election for secretary of state; and
(B) in the part of the county included in the election district of the office sought by
the individual filing the petition.
(d) The person with whom the petition of nomination must be filed under subsection (a)
shall:
(1) determine whether a sufficient number of signatures as required by section 3 of this
chapter have been obtained; and
(2) do one (1) of the following:
(A) If the petition includes a sufficient number of signatures, certify the petition.
(B) If the petition has an insufficient number of signatures, deny the certification.
(e) The secretary of state shall, by noon on the date specified under IC 3-8-7-16 for the
certification of candidates and public questions by the election division:
(1) certify; or
(2) deny certification under subsection (d) to;
each petition of nomination filed in the secretary of state's office to the appropriate county.
(f) The election division shall provide that the form of a petition of nomination includes
the following information:
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reports under IC 3-9.
(g) A candidate's consent to become a candidate must include a statement that the
candidate requests the name on the candidate's voter registration record be the same as the
name the candidate uses on the consent to become a candidate. If there is a difference
between the name on the candidate's consent to become a candidate and the name on the
candidate's voter registration record, the officer with whom the consent to become a
candidate is filed shall forward the information to the voter registration officer of the
appropriate county as required by IC 3-5-7-6(d). The voter registration officer of the
appropriate county shall change the name on the candidate's voter registration record to be
the same as the name on the candidate's consent to become a candidate.
(h) If the person with whom the petition was filed denies certification under subsection
(d), the person shall notify the candidate immediately by certified mail.
(i) A candidate may contest the denial of certification under subsection (d) based on:
(1) the county voter registration office's failure to certify, under section 8 of this
chapter, qualified petitioners; or
(2) the determination described in subsection (d)(1);
using the procedure in IC 3-8-1-2 and section 14 of this chapter that applies to questions
concerning the validity of a petition of nomination.
[Pre-1986 Recodification Citation: 3-1-11-1(l) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.120; P.L.10-1988, SEC.50;
P.L.4-1991, SEC.41; P.L.3-1995, SEC.60; P.L.3-1997, SEC.149; P.L.253-1997(ss), SEC.1;
P.L.176-1999, SEC.33; P.L.202-1999, SEC.8; P.L.14-2000, SEC.4; P.L.26-2000, SEC.7;
P.L.66-2003, SEC.14; P.L.225-2011, SEC.37; P.L.76-2014, SEC.20; P.L.169-2015, SEC.61;
P.L.74-2017, SEC.29; P.L.227-2023, SEC.46.

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IC 3-8-6-12.5 Timely filing of all documents required for effective
nomination
Sec. 12.5. (a) A candidate's nomination by petition under this chapter is not effective
unless the candidate timely files each document required under sections 10 and 12 of this
chapter.
(b) The county election board may not include on a ballot the name of a candidate whose
nomination is ineffective under subsection (a).
(c) The election division may not certify the name of a candidate for placement on a ballot
by a county election board if the candidate's nomination is ineffective under subsection (a).
As added by P.L.124-2012, SEC.3.

IC 3-8-6-13 Special election called by governor; filing of petition

Sec. 13. In a special election called by the governor, a petition of nomination shall be
filed with the circuit court clerk or other public official with whom a petition is required to
be filed, at any time after the election is called but no later than noon seventy-four (74) days
before the date of the election.
[Pre-1986 Recodification Citation: 3-1-11-5(b) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.121; P.L.10-1988, SEC.51;
P.L.124-2012, SEC.4.

IC 3-8-6-13.5 Withdrawal of petition of nomination

Sec. 13.5. A candidate may withdraw a petition of nomination by noon:
(1) July 15 before a general or municipal election; or
(2) seventy-one (71) days before a special election.
As added by P.L.3-1987, SEC.122. Amended by P.L.10-1988, SEC.52; P.L.3-1993, SEC.73;
P.L.260-2001, SEC.2; P.L.219-2013, SEC.22.

IC 3-8-6-14 Eligibility and consent of candidate; resolution of questions

concerning validity of petition
Sec. 14. (a) A person may not be selected as a candidate by petition of nomination without
giving written consent and having it filed with the public official with whom certificates and
petitions of nomination are required to be filed.
(b) Each candidate nominated by petition of nomination must satisfy all statutory
eligibility requirements for the office for which the candidate is nominated, including the
filing of statements of economic interest.
(c) All questions concerning the validity of a petition of nomination filed with the
secretary of state or contesting the denial of certification under section 12(d) of this chapter
shall be referred to and determined by the commission. A statement questioning the validity
of a petition of nomination or contesting the denial of certification under section 12(d) of this
chapter must be filed with the election division under IC 3-8-1-2(d) or IC 3-8-1-2(f) not later
than noon seventy-four (74) days before the date on which the general or municipal election
will be held for the office.
(d) All questions concerning the validity of a petition of nomination filed with a circuit
court clerk or contesting the denial of certification under section 12(d) of this chapter shall
be referred to and determined by the county election board. A statement questioning the
validity of a petition of nomination or contesting the denial of certification under section
12(d) of this chapter must be filed with the county election board under IC 3-8-1-2(d) or
IC 3-8-1-2(f) not later than noon seventy-four (74) days before the date on which the general
or municipal election will be held for the office.
(e) The commission or a county election board shall rule on the validity of the petition of
nomination or the denial of certification under section 12(d) of this chapter not later than
noon sixty (60) days before the date on which the general or municipal election will be held
for the office.

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 [Pre-1986 Recodification Citation: 3-1-11-1(m) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.53; P.L.3-1993, SEC.74;
P.L.2-1996, SEC.88; P.L.3-1997, SEC.150; P.L.58-2001, SEC.3; P.L.66-2003, SEC.15;
P.L.194-2013, SEC.29; P.L.74-2017, SEC.30.

IC 3-8-6-15 Repealed
[Pre-1986 Recodification Citation: 3-2-2-1 part.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.10-1988, SEC.238.

IC 3-8-6-16 Candidate departing election district without withdrawal of

candidacy; procedure
Sec. 16. (a) This section applies if a person:
(1) files a petition of nomination under this chapter;
(2) moves from the election district that the person sought to represent following the
filing of the petition of nomination;
(3) does not file a notice of withdrawal of candidacy under section 13.5 of this chapter;
and
(4) is no longer an active candidate.
(b) The county chairman of any political party on the ballot in the election district or a
candidate for the office sought by the person described in subsection (a) may, upon
determining that this section applies, file an action in the circuit court, superior court, or
probate court in the county where the person described in subsection (a) resided. The
complaint in this action must:
(1) state that this section applies to the person;
(2) name the person described in subsection (a) and the public official responsible for
placing that person's name on the ballot as defendants; and
(3) be filed no later than a notice of withdrawal could have been filed under section
13.5 of this chapter.
(c) When a complaint is filed under subsection (b), the circuit court, superior court, or
probate court shall conduct a hearing and rule on the petition within ten (10) days after it is
filed.
(d) If the court finds in favor of the plaintiff, a candidate vacancy occurs on the:
(1) general election ballot; and
(2) primary election ballot if no other person is:
(A) a member of the same political party as the person described in subsection (a);
and
(B) a candidate on the ballot for the office sought by the person described in
subsection (a).
(e) The candidate vacancy shall be filled under IC 3-13-1 if the candidate represents a
political party not qualified to nominate candidates in a primary or by convention.
As added by P.L.3-1987, SEC.123. Amended by P.L.84-2016, SEC.8.

IC 3-8-6-17 Replacement of candidate on petition of nomination

Sec. 17. (a) If:
(1) a petition of nomination contains the name of at least one (1) candidate who seeks
to be placed on the ballot as the candidate of a political party described by section 1 of
this chapter; and
(2) a candidate listed on the petition ceases to be a candidate after the petition is
circulated for signature or filed;
the candidate may be replaced on the petition in accordance with this section.
(b) This subsection applies to a candidate described in subsection (a) who sought a
federal, state, or legislative office or a local office described by IC 3-8-2-5. The state
chairman of the political party may file a written statement with the election division stating

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the name of the substitute candidate. The statement must satisfy all of the following:
(1) The statement must be on a form prescribed by the election division.
(2) The statement must state the following:
(A) The name of the individual who ceased to be a candidate.
(B) The date and reason the individual ceased to be a candidate.
(C) The name of the individual who will replace the candidate as:
(i) the individual wants the individual's name to appear on the ballot; and
(ii) the individual's name is permitted to appear on the ballot under IC 3-5-7.
The substitute candidate must specify, by a designation described in IC 3-5-7-5, each
designation that the substitute candidate wants to use that is permitted by IC 3-5-7.
(3) The statement must be accompanied by the following:
(A) The replacement candidate's consent to be nominated by the petition and, if other
candidates were listed on the petition, the signed consent of those candidates to be
the replacement.
(B) The former candidate's statement of withdrawal in a form substantially similar
to the form prescribed under IC 3-8-7-28 if the individual withdrew as a candidate.
A replacement candidate's consent to the nomination must include a statement that the
candidate requests the name on the candidate's voter registration record be the same as the
name the candidate uses on the consent to the nomination. If there is a difference between the
name on the candidate's consent to the nomination and the name on the candidate's voter
registration record, the officer with whom the consent to the nomination is filed shall forward
the information to the voter registration officer of the appropriate county as required by
IC 3-5-7-6(d). The voter registration officer of the appropriate county shall change the name
on the candidate's voter registration record to be the same as the name on the candidate's
consent to the nomination.
(c) This subsection applies to a candidate described in subsection (a) who sought a local
office other than a local office described by IC 3-8-2-5. The county, city, or town chairman
of the political party may file a written statement that conforms with subsection (b) with the
election board conducting the election for the local office.
(d) The statement required under subsection (b) or (c) must be filed not later than the final
date and time for the filing of a certificate of candidate selection under IC 3-13-1-15(c).
(e) If a petition of nomination is circulated or filed by an independent candidate and that
individual ceases to be a candidate, another candidate may not be substituted on the petition
of nomination.
As added by P.L.3-1997, SEC.151. Amended by P.L.202-1999, SEC.9; P.L.14-2004,
SEC.65; P.L.124-2012, SEC.5; P.L.169-2015, SEC.62; P.L.227-2023, SEC.47.

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IC 3-8-7 Chapter 7. Certification of Nominees and Ballot Placement

3-8-7-1 Candidate receiving highest vote; death of candidate before certification;

candidate vacancy
3-8-7-2 Certification of primary results by election division
3-8-7-3 Error in certification
3-8-7-4 Person nominated within county or municipality; exemption from certification
3-8-7-5 Furnishing list of candidates and delegates to election division
3-8-7-6 Candidate lists furnished to state chairmen of major political parties
3-8-7-6.5 Delegate lists furnished to state chairmen of major political parties
3-8-7-7 Repealed
3-8-7-8 Certification of candidates nominated at state convention
3-8-7-9 Repealed
3-8-7-10 County, city, or town conventions; certificates of nomination; requirements
3-8-7-11 Device used to designate political party candidates
3-8-7-12 Place to file certificates
3-8-7-13 Candidates to satisfy statutory eligibility requirements
3-8-7-14 Deadline for filing certificate of nomination; exception for President and Vice
President
3-8-7-15 Special election called by governor; filing of certificate of nomination
3-8-7-16 Certification by election division; designation of device; order of names;
exception for President and Vice President
3-8-7-17 Notice that person will not accept nomination
3-8-7-18 Certificate or petition containing names of more than one candidate
3-8-7-19 Names to appear only once on ballot; candidate for federal office and Vice
President; candidate to fill a vacancy, subsequently elected to United States
House of Representatives
3-8-7-20 Person nominated by two or more nominating procedures
3-8-7-21 Nomination by more than one political party or by political party and as
independent; election of nomination
3-8-7-22 Failure to make election
3-8-7-23 Place of name on ballot following election
3-8-7-24 Preservation of certificates and petitions of nomination
3-8-7-25 Nominees entitled to have names on ballot
3-8-7-25.5 Statement designating former and current legal name of candidate
3-8-7-26 Factions within a political party; selection of names and devices
3-8-7-27 Two or more conventions called by factions within a political party; selection
of devices
3-8-7-28 Notice of withdrawal; withdrawal, disqualification, or moving out of election
district
3-8-7-29 Candidates moving out of district or disqualified without withdrawal of
candidacy; procedure
3-8-7-30 Certification of write-in candidates

IC 3-8-7-1 Candidate receiving highest vote; death of candidate before

certification; candidate vacancy
Sec. 1. (a) Subject to subsections (b) and (c), the candidate of a political party receiving
the highest vote for an office at a primary election is the nominee of that party for that office.
(b) If the candidate of a political party receiving the highest vote for an office at a primary
election for which a declaration of candidacy must be filed with the secretary of state or
election division under IC 3-8-2 dies before the certification of primary election results by
the election division, the election division shall promptly certify to the state chairman of the
political party that a candidate vacancy exists, which may be filled by the political party
under IC 3-13-1.
(c) If the candidate of a political party receiving the highest vote for an office at a primary
election for which a declaration of candidacy must be filed with the circuit court clerk under
IC 3-8-2 dies before the certification of primary election results by the county election board,
the county election board shall promptly certify to the county chairman of the political party

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that a candidate vacancy exists, which may be filled by the political party under IC 3-13-1.
[Pre-1986 Recodification Citation: 3-1-9-18 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.194-2013, SEC.30.

IC 3-8-7-2 Certification of primary results by election division

Sec. 2. The election division shall, not later than noon seventy-four (74) days before the
date of the general election, certify the primary election results canvassed and tabulated under
IC 3-10-1-34 for:
(1) candidates for federal and state offices; and
(2) candidates for legislative and local offices who are required to file a declaration of
candidacy with the election division under IC 3-8-2;
to the county election board of each county in which the candidates are to be voted for at the
next general election. No other form of certification of nomination for the offices is
necessary.
[Pre-1986 Recodification Citation: 3-1-9-17(f) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.124; P.L.3-1997, SEC.152;
P.L.66-2003, SEC.16.

IC 3-8-7-3 Error in certification

Sec. 3. (a) Except as provided in subsection (b), an error in certification discovered before
sixty (60) days before a general election shall be corrected by the public officials charged
with the duties of certification.
(b) An error in certification of candidates for a town office under IC 3-8-5 discovered
before September 18 before a town election shall be corrected by the public officials charged
with the duties of certification.
[Pre-1986 Recodification Citation: 3-1-9-17(g).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1993, SEC.75; P.L.144-1999, SEC.5.

IC 3-8-7-4 Person nominated within county or municipality; exemption

from certification
Sec. 4. A person nominated at a primary election held under this title within a county or
a municipality does not have to be certified as a candidate to any election board.
[Pre-1986 Recodification Citation: 3-1-9-17(h) part.]
As added by P.L.5-1986, SEC.4.

IC 3-8-7-5 Furnishing list of candidates and delegates to election division

Sec. 5. (a) Each circuit court clerk, not later than noon on the second Monday after a
primary election conducted in a year in which a general election will be held, shall furnish
the election division with a complete list of all:
(1) candidates nominated; and
(2) state convention delegates elected;
at the primary election.
(b) The list must include:
(1) the address of each candidate and delegate; and
(2) the United States congressional district in which each delegate resides.
[Pre-1986 Recodification Citation: 3-1-9-17(i) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.54; P.L.3-1997, SEC.153;
P.L.221-2005, SEC.18; P.L.169-2015, SEC.63.

IC 3-8-7-6 Candidate lists furnished to state chairmen of major political

parties
Sec. 6. (a) Not later than noon ten (10) days after the certification of the canvass
performed by the election division under IC 3-10-1-34, the secretary of state shall furnish to

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the state chairman of each major political party of the state a list, certified under the
secretary's hand and seal.
(b) The list described in subsection (a) must:
(1) contain the names of all candidates shown to be nominated by the canvass of the
election division conducted under IC 3-10-1-34; and
(2) include the address of each candidate.
(c) No other form of certification of nomination for office is necessary for an individual
included on the list described by this section.
[Pre-1986 Recodification Citation: 3-1-9-17(i) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.176-1999, SEC.34; P.L.64-2014, SEC.36.

IC 3-8-7-6.5 Delegate lists furnished to state chairmen of major political

parties
Sec. 6.5. (a) Not later than noon ten (10) days after receipt of the delegate lists from each
circuit court clerk under section 5 of this chapter, the secretary of state shall furnish to the
state chairman of each major political party of the state a list of individuals elected as
delegates to the convention of the chairman's political party.
(b) The list described under subsection (a) must:
(1) contain the names of all delegates elected, as certified by the circuit court clerks
under section 5 of this chapter; and
(2) include the address of each delegate.
(c) The delegate lists must be certified separately from the candidate lists certified under
section 6 of this chapter and may not contain the name of an individual appointed to serve
as a state convention delegate.
As added by P.L.176-1999, SEC.35.

IC 3-8-7-7 Repealed
[Pre-1986 Recodification Citation: 3-1-9-17(i) part.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.10-1988, SEC.238.

IC 3-8-7-8 Certification of candidates nominated at state convention

Sec. 8. (a) This section applies to a state convention conducted by a political party
described by IC 3-8-4-1.
(b) The state chairman and state secretary of the political party holding the state
convention shall certify each candidate nominated at the convention to the secretary of state
not later than noon July 15 before the general election.
(c) The certificate must be in writing and state the following:
(1) The name of each candidate nominated as:
(A) the candidate wants the candidate's name to appear on the ballot; and
(B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
The certificate must specify, by a designation described in IC 3-5-7-5, each designation
that the candidate wants to use that is permitted by IC 3-5-7.
(2) Each candidate's residence address.
(3) Whether each candidate nominated by the convention has complied with IC 3-9-1-5
by filing a campaign finance statement of organization.
(4) The following statements:
(A) A statement that the candidate has attached either of the following to the
certificate:
(i) A copy of a statement of economic interests, file stamped by the office required
to receive the statement of economic interests.
(ii) A receipt, photocopy of a receipt, or electronic mail from the office of the
inspector general or judicial qualifications commission, showing that a statement
of economic interests has been filed.

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 This requirement does not apply to a candidate for a federal office.
(B) A statement that the candidate understands that if the candidate is elected to the
office, the candidate may be required to obtain and file an individual surety bond
before serving in the office. This requirement does not apply to a candidate for a
federal office or legislative office.
(C) A statement that the candidate understands that if the candidate is elected to the
office, the candidate may be required to successfully complete training or have
attained certification related to service in an elected office. This requirement does not
apply to a candidate for a federal office, state office, or legislative office.
(D) A statement that the candidate:
(i) is aware of the provisions of IC 3-9 regarding campaign finance and the
reporting of campaign contributions and expenditures; and
(ii) agrees to comply with the provisions of IC 3-9.
This requirement does not apply to a candidate for a federal office.
The candidate must separately initial each of the statements required by this
subdivision.
(d) The election division shall prescribe the form of the certificate of nomination for the
offices. The election division shall provide that the form of the certificate of nomination
include the following information:
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reports under IC 3-9.
(e) A certificate of nomination must include a statement that the candidate requests the
name on the candidate's voter registration record be the same as the name the candidate uses
on the certificate of nomination. If there is a difference between the name on the candidate's
certificate of nomination and the name on the candidate's voter registration record, the officer
with whom the certificate of nomination is filed shall forward the information to the voter
registration officer of the appropriate county as required by IC 3-5-7-6(d). The voter
registration officer of the appropriate county shall change the name on the candidate's voter
registration record to be the same as the name on the candidate's certificate of nomination.
(f) The certificate of nomination must be signed by the state chairman and state secretary
of the political party holding the convention, and set forth the name and residence of the
chairman and secretary. The chairman and secretary shall acknowledge the certificate before
an individual authorized to administer oaths under IC 33-42-9. The signed acknowledgment
must be included in the certificate of nomination executed under this section.
[Pre-1986 Recodification Citation: 3-1-10-3 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.125; P.L.3-1995, SEC.61;
P.L.3-1997, SEC.154; P.L.202-1999, SEC.10; P.L.260-2001, SEC.3; P.L.76-2014, SEC.21;
P.L.76-2014, SEC.22; P.L.169-2015, SEC.64; P.L.128-2017, SEC.3; P.L.278-2019, SEC.30;
P.L.227-2023, SEC.48.

IC 3-8-7-9 Repealed
[Pre-1986 Recodification Citation: 3-1-9-17.5 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.126; P.L.3-1997, SEC.155.
Repealed by P.L.38-1999, SEC.73.

IC 3-8-7-10 County, city, or town conventions; certificates of nomination;

requirements
Sec. 10. (a) This section applies to a county, city, or town convention conducted by a
political party described by IC 3-8-4-1.
(b) A certificate of nomination by convention or primary election must satisfy all of the
following:
(1) Be in writing.
(2) Contain all of the following information for each person nominated:

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 (A) The name of each person nominated as:
(i) the person wants the person's name to appear on the ballot; and
(ii) the person's name is permitted to appear on the ballot under IC 3-5-7.
The certificate must specify, by a designation described in IC 3-5-7-5, each
designation that the person nominated wants to use that is permitted by IC 3-5-7.
(B) Each person's residence address.
(C) The office for which each person is nominated.
(3) Be signed by the chairman and secretary of the county, city, or town committee,
who shall also give their respective places of residence and acknowledge the certificate
before an individual authorized to administer oaths under IC 33-42-9. The signed
acknowledgment must be included in the certificate of nomination executed under this
section.
[Pre-1986 Recodification Citation: 3-1-11-1(g), (h) part, (m) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.55; P.L.202-1999, SEC.11;
P.L.76-2014, SEC.23; P.L.128-2017, SEC.4; P.L.227-2023, SEC.49.

IC 3-8-7-11 Device used to designate political party candidates

Sec. 11. (a) Except as provided in subsection (f), if a political party has filed a statement
with the election division (or any of its predecessors) that the device selected by the political
party be used to designate the candidates of the political party on the ballot for all elections
throughout the state, the device must be used until:
(1) the device is changed in accordance with party rules; and
(2) a statement concerning the use of the new device is filed with the election division.
(b) Except as provided in subsection (c), the device may be any appropriate symbol.
(c) A political party may not use any of the following as a device:
(1) A symbol that has previously been filed by a political party with the election
division (or any of its predecessors).
(2) The coat of arms or seal of the state or of the United States.
(3) The national or state flag.
(4) Any other emblem common to the people.
(d) Not later than noon on the date specified under section 16 of this chapter for the
certification of candidates and public questions by the election division, the election division
shall provide each county election board with a camera-ready copy of the device under which
the candidates of the political party or the petitioner are to be listed so that ballots may be
prepared using the best possible reproduction of the device.
(e) This subsection applies to a political party whose device is not filed with the election
division under subsection (a) and is to be printed only on ballots to identify candidates for
election to a local office. Not later than noon on the date specified under section 16 of this
chapter for the certification of candidates and public questions by the election division, the
chairman of the political party or the petitioner of nomination shall file a camera-ready copy
of the device under which the candidates of the political party or the petitioner are to be listed
with the county election board of each county in which the name of the candidate or party
will be placed on the ballot. The county election board shall provide the camera-ready copy
of the device to the town election board of a town located wholly or partially within the
county upon request by the town election board.
(f) If a copy of the device is not filed in accordance with subsection (a) or (e), or unless
a device is designated in accordance with section 26 or 27 of this chapter, the county election
board or town election board is not required to use any device to designate the list of
candidates.
(g) If a device is filed with the election division or an election board after the
commencement of printing of ballots for use at an election conducted under this title, the
election board responsible for printing the ballots is not required to alter the ballots to include
the device filed under this subsection.

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 [Pre-1986 Recodification Citation: 3-1-11-1(h) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.127; P.L.3-1997, SEC.156;
P.L.14-2004, SEC.66; P.L.230-2005, SEC.31; P.L.225-2011, SEC.38; P.L.227-2023,
SEC.50.

IC 3-8-7-12 Place to file certificates

Sec. 12. A certificate of nomination for an office to be elected by the electorate of the
whole state shall be filed with the election division. A certificate of nomination for any other
elected office shall be filed with the person with whom a declaration of candidacy shall be
filed.
[Pre-1986 Recodification Citation: 3-1-11-1(l) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.128; P.L.3-1997, SEC.157;
P.L.66-2003, SEC.17.

IC 3-8-7-13 Candidates to satisfy statutory eligibility requirements

Sec. 13. Each candidate nominated by certificate of nomination must satisfy all statutory
eligibility requirements for the office for which the candidate is nominated, including filing
statements of economic interest.
[Pre-1986 Recodification Citation: 3-1-11-1(m) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.56.

IC 3-8-7-14 Deadline for filing certificate of nomination; exception for

President and Vice President
Sec. 14. (a) This section does not apply to the certification of nominees under
IC 3-10-4-5.
(b) A certificate of nomination required to be filed with the election division or circuit
court clerk shall be filed not later than noon July 15 before the date fixed for the election of
the person nominated.
[Pre-1986 Recodification Citation: 3-1-11-5(a).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.129; P.L.10-1988, SEC.57;
P.L.3-1997, SEC.158; P.L.260-2001, SEC.4; P.L.66-2003, SEC.18.

IC 3-8-7-15 Special election called by governor; filing of certificate of

nomination
Sec. 15. In a special election called by the governor, a certificate of nomination may be
filed with the public official with whom a certificate is required to be filed at any time after
the election is called but no later than noon seventy-four (74) days before the date of the
election.
[Pre-1986 Recodification Citation: 3-1-11-5(b) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.58; P.L.225-2011, SEC.39.

IC 3-8-7-16 Certification by election division; designation of device; order

of names; exception for President and Vice President
Sec. 16. (a) This section does not apply to the certification of nominees under
IC 3-10-4-5.
(b) The election division shall certify the following to each county election board not later
than noon seventy-four (74) days before a general election:
(1) The name and place of residence of each person nominated for election to:
(A) an office for which the electorate of the whole state may vote;
(B) the United States House of Representatives;
(C) a legislative office; or
(D) a local office for which a declaration of candidacy must be filed with the election
division under IC 3-8-2.

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 (2) The name of each:
(A) justice of the supreme court;
(B) judge of the court of appeals;
(C) judge of the tax court; and
(D) judge of a circuit or superior court;
who is subject to a retention vote by the electorate and who has filed a statement under
IC 33-24-2, IC 33-25-2, IC 33-33-45, IC 33-33-49, or IC 33-33-71 indicating that the
justice or judge wishes to have the question of the justice's or judge's retention placed
on the ballot.
(c) Subject to compliance with section 11 of this chapter, the election division shall
designate the device under which the list of candidates of each political party will be printed
and the order in which the political party ticket will be arranged under IC 3-10-4-2 and
IC 3-11-2-6.
[Pre-1986 Recodification Citation: 3-1-11-6.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.130; P.L.10-1988, SEC.59;
P.L.3-1995, SEC.62; P.L.2-1996, SEC.89; P.L.3-1997, SEC.159; P.L.66-2003, SEC.19;
P.L.98-2004, SEC.32; P.L.14-2004, SEC.67; P.L.193-2021, SEC.18.

IC 3-8-7-17 Notice that person will not accept nomination

Sec. 17. (a) The election division may not certify the name of a person whose certificate
or petition of nomination has been filed with the election division if the person has filed a
notice with the election division that the person will not accept the nomination contained in
the certificate or petition of nomination.
(b) The notice must be signed and acknowledged before an officer authorized to take
acknowledgments of deeds in a form prescribed by the election division.
(c) A county election board may not include on the ballot the name of a person whose
certificate or petition of nomination has been filed in the circuit court clerk's office if the
person has notified the clerk in the same manner that the person will not accept the
nomination.
(d) The name of a candidate who has given notice under this section may not be included
on the ballot.
[Pre-1986 Recodification Citation: 3-1-11-8.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.131; P.L.10-1988, SEC.60;
P.L.3-1997, SEC.160; P.L.169-2015, SEC.65.

IC 3-8-7-18 Certificate or petition containing names of more than one

candidate
Sec. 18. (a) This subsection applies to an office to which only one (1) candidate may be
elected. If a certificate or petition of nomination contains the name of more than one (1)
candidate for the office, none of the names of the candidates on the certificate or petition may
be printed on the ballot as a candidate for the office.
(b) This subsection applies to an office for which more than one (1) candidate may be
elected. If the certificate or petition contains the names of more than the total number of
candidates that may be elected to that office, none of the names of the candidates on the
certificate or petition may be printed on the ballot as a candidate for the office.
[Pre-1986 Recodification Citation: 3-1-11-3 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.9-2004, SEC.11.

IC 3-8-7-19 Names to appear only once on ballot; candidate for federal

office and Vice President; candidate to fill a vacancy,
subsequently elected to United States House of Representatives
Sec. 19. (a) Except as provided in subsections (b) and (c), the name of an individual who
has been nominated as a candidate for an elected office may not appear in more than one (1)

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place on a ballot.
(b) The name of an individual who is nominated as a candidate of a political party:
(1) for a federal office in a primary election; and
(2) for Vice President of the United States during the same year;
may appear on the general election ballot as a candidate for the federal office and for Vice
President of the United States.
(c) The name of an individual who is a candidate to:
(1) fill a vacancy in the office of United States Representative in a special election held
under IC 3-10-8; and
(2) be elected to the same office for the next term as the United States Representative;
may appear on the ballot as a candidate both in the election described in subdivision (1) and
the election described in subdivision (2) if both elections are held on the same day.
[Pre-1986 Recodification Citation: 3-1-11-3 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.12-1988, SEC.2; P.L.227-2023, SEC.51.

IC 3-8-7-20 Person nominated by two or more nominating procedures

Sec. 20. (a) If a person has been nominated as a candidate for the same office by:
(1) both convention and petition;
(2) both primary election and petition;
(3) both primary election and convention;
(4) more than one (1) petition; or
(5) more than one (1) convention;
the person's name may be placed on the ballot only once.
(b) This subsection applies only to a person nominated by both convention and petition.
The person's name shall be placed on the list of candidates nominated by convention, and the
place occupied by the person's name in the petition must be left blank. However, if the
candidate files a written statement:
(1) acknowledged before a person authorized to take acknowledgments;
(2) in the office where a petition of nomination for the office must be filed;
(3) no later than noon of the last day for filing a petition of nomination under
IC 3-8-6-10(c); and
(4) requesting that the person's name be printed as nominated by petition;
the person's name must be so printed and omitted from the list nominated by convention.
(c) This subsection applies only to a person nominated by both primary election and
petition. The person's name must be placed on the list of candidates nominated by primary
election, and the place occupied by the person's name in the petition must be left blank.
However, if the candidate files a written statement:
(1) acknowledged before a person who is authorized to take acknowledgments;
(2) in the office where a petition of nomination for the office must be filed;
(3) not later than noon the last day for filing a petition of nomination under
IC 3-8-6-10(c); and
(4) requesting that the person's name be printed as nominated by petition;
the person's name must be so printed and omitted from the list nominated by primary
election.
(d) This subsection applies only to a person nominated by both primary election and
convention. The person's name must be placed on the list of candidates nominated by primary
election, and the place occupied by the person's name in the certificate of nomination of the
convention must be left blank. However, if the candidate files a written statement:
(1) acknowledged before a person who is authorized to take acknowledgments;
(2) in the office where a certificate of nomination for the office must be filed;
(3) not later than noon the last day for filing a certificate of nomination; and
(4) requesting that the person's name be printed as nominated by convention;
the person's name must be so printed and omitted from the list nominated by primary

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election.
(e) This subsection applies only to a person nominated by more than one (1) petition. The
person's name must be placed on the list of candidates nominated by petition for the first
petition of nomination certified under IC 3-8-6 and filed with the election division or county
election board under IC 3-8-6-10(c), and the place occupied by the person's name in a
subsequent petition must be left blank. However, if the candidate files a written statement:
(1) acknowledged before a person who is authorized to take acknowledgments;
(2) in the office where a petition of nomination for the office must be filed;
(3) not later than noon the last day for filing a petition of nomination under
IC 3-8-6-10(c); and
(4) requesting that the person's name be printed as nominated by a subsequent petition;
the person's name must be placed on the list of candidates nominated by the subsequent
petition.
(f) This subsection applies to a person nominated by more than one (1) convention. The
person's name must be placed on the list of candidates nominated by convention for the first
certificate of nomination filed with the public official with whom the certificate is required
to be filed, and the place occupied by the person's name in a subsequent certificate of
nomination of the convention must be left blank. However, if the candidate files a written
statement:
(1) acknowledged before a person who is authorized to take acknowledgments;
(2) in the office where a certificate of nomination for the office must be filed;
(3) not later than noon the last day for filing a certificate of nomination; and
(4) requesting that the person's name be printed as nominated by a subsequent
convention;
the person's name must be printed as nominated by the subsequent convention.
(g) If an individual is nominated as a candidate under IC 3-13-1 to fill a candidate
vacancy, the individual is considered for purposes of this section to have been nominated in
the same manner as the candidate whom the individual succeeded or in the same manner as
a candidate would have been nominated if no nomination is made. If an individual is
nominated as a candidate under IC 3-13-2 to fill a candidate vacancy, the individual may not
be placed on the ballot as the candidate of any other political party.
[Pre-1986 Recodification Citation: 3-1-11-3 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.61; P.L.38-1999, SEC.27.

IC 3-8-7-21 Nomination by more than one political party or by political

party and as independent; election of nomination
Sec. 21. (a) If a person has been nominated by two (2) or more political parties, or as an
independent candidate and as the nominee of at least one (1) political party, the person must
elect which of the nominations the person will accept.
(b) The election must be in writing, signed, acknowledged before an officer authorized
to take acknowledgments, and filed in the office where a declaration of candidacy must be
filed for the office under IC 3-8-2 or where a certificate of nomination by a convention must
be filed under this chapter by noon July 15 before the election.
[Pre-1986 Recodification Citation: 3-1-11-11 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.132; P.L.3-1993, SEC.76;
P.L.3-1997, SEC.161; P.L.38-1999, SEC.28; P.L.260-2001, SEC.5.

IC 3-8-7-22 Failure to make election

Sec. 22. (a) This section applies if a person nominated by two (2) or more political parties
or as an independent candidate and as the nominee of at least one (1) political party does not
make and file an election as required by section 21 of this chapter.
(b) The election division or circuit court clerk shall make the election for the person.
(c) The election division or clerk shall give preference to the nomination made by primary

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election and secondly to the nomination given by convention. If the candidate is nominated
by more than one (1) convention or more than one (1) petition and the candidate does not
make the election, the election division or clerk shall give preference to the first certificate
of nomination for a convention given to the candidate under IC 3-8-5-13 or IC 3-8-7-8, or
the first petition of nomination given to the candidate under IC 3-8-6-10.
[Pre-1986 Recodification Citation: 3-1-11-11 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.133; P.L.3-1993, SEC.77;
P.L.3-1997, SEC.162; P.L.38-1999, SEC.29.

IC 3-8-7-23 Place of name on ballot following election

Sec. 23. After the election required by section 21 or 22 of this chapter is made, the
election division or the appropriate election board shall place the name of the person on the
list of nominees under only the designation as an independent candidate or the political party
name and device indicated by the person or by the election division or circuit court clerk.
[Pre-1986 Recodification Citation: 3-1-11-11 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.134; P.L.3-1993, SEC.78;
P.L.3-1997, SEC.163.

IC 3-8-7-24 Preservation of certificates and petitions of nomination

Sec. 24. The election division and each circuit court clerk shall preserve all certificates
and petitions of nomination filed under this article for the period required under
IC 3-10-1-31.1.
[Pre-1986 Recodification Citation: 3-1-11-7.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.135; P.L.3-1993, SEC.79;
P.L.3-1997, SEC.164; P.L.38-1999, SEC.30; P.L.14-2004, SEC.68; P.L.193-2021, SEC.19.

IC 3-8-7-25 Nominees entitled to have names on ballot

Sec. 25. Each county election board shall have printed on the respective general, special,
or municipal election ballots the names of the following candidates:
(1) Nominees chosen at a primary election under IC 3-10 and certified as required by
this chapter.
(2) Nominees chosen by a convention of a political party in the state whose candidate
received at least two percent (2%) of the total vote cast for secretary of state at the last
election and certified under section 8 of this chapter.
(3) Nominees nominated by petition under IC 3-8-6.
(4) Nominees selected to fill a candidate vacancy under IC 3-13-1 or IC 3-13-2.
[Pre-1986 Recodification Citations: 3-1-9-17(f) part, (h) part; 3-1-9-17.5 part; 3-1-9-18 part; 3-1-10-3
part; 3-1-11-1(a)(1).]
As added by P.L.5-1986, SEC.4. Amended by P.L.2-1996, SEC.90; P.L.4-1996, SEC.32;
P.L.3-1997, SEC.165; P.L.169-2015, SEC.66.

IC 3-8-7-25.5 Statement designating former and current legal name of

candidate
Sec. 25.5. (a) This section does not apply to the change of a candidate's name that occurs
after absentee ballots have been printed bearing the candidate's name.
(b) A candidate who:
(1) is:
(A) nominated for election; or
(B) a candidate for nomination; and
(2) changed the candidate's legal name after:
(A) the candidate has been nominated; or
(B) the candidate has become a candidate for nomination;
shall file a statement setting forth the former and current legal name of the candidate with the

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office where a declaration of candidacy or certificate of nomination for the office is required
to be filed. If the final date and hour has not passed for filing a declaration of candidacy,
consent for nomination, or declaration of intent to be a write-in candidate, the candidate must
file the request for a change of name on the form prescribed by the election division for the
declaration or consent.
(c) The statement filed under subsection (b) must also indicate the following:
(1) That the candidate has previously filed a change of name request with a county
voter registration office so that the name set forth in the statement is identical to the
candidate's name on the county voter registration record.
(2) How the candidate's legal name was changed.
(d) Upon the filing of the statement, each county election board shall print the candidate's
legal name on the ballot as set forth in the statement.
As added by P.L.3-1997, SEC.166. Amended by P.L.176-1999, SEC.36; P.L.202-1999,
SEC.12; P.L.14-2000, SEC.5; P.L.225-2011, SEC.40; P.L.169-2015, SEC.67.

IC 3-8-7-26 Factions within a political party; selection of names and

devices
Sec. 26. (a) If there is a division in a political party and two (2) or more factions claim the
same party name, title, or device, the commission, or the county election board, if
appropriate, shall give preference of name to the convention held at the time and place
designated in the call of the regularly constituted party authorities.
(b) If another faction presents no other party name, title, or device, the commission or
county election board shall:
(1) select a name or title;
(2) place the selected name or title before the list of candidates of the faction that are
on the ballot; and
(3) select some suitable device that complies with section 11 of this chapter to
designate the faction's candidates.
[Pre-1986 Recodification Citation: 3-1-11-1(j).]
As added by P.L.5-1986, SEC.4. Amended by P.L.2-1996, SEC.91; P.L.3-1997, SEC.167.

IC 3-8-7-27 Two or more conventions called by factions within a political

party; selection of devices
Sec. 27. If two (2) or more conventions are called by authorities claimed to be the rightful
authorities of a political party, the commission or county election board shall select suitable
devices to distinguish one (1) faction from the other and have the ballots prepared
accordingly. However, if a political party entitled to nominate by convention fails to do so,
the names of all nominees by petition for any office who are designated in their petitions as
members of and candidates of the party shall be placed on the ballot under the name and
device of the party on the ballots, as if nominated by convention.
[Pre-1986 Recodification Citation: 3-1-11-1(k).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.136; P.L.2-1996, SEC.92.

IC 3-8-7-28 Notice of withdrawal; withdrawal, disqualification, or moving

out of election district
Sec. 28. (a) Except as provided in subsections (b) and (c), if a nominee certified under this
chapter, IC 3-8-5, IC 3-8-6, or IC 3-10-1 desires to withdraw as the nominee, the nominee
must file a notice of withdrawal in writing with the public official with whom the certificate
of nomination was filed by noon:
(1) July 15 before a general or municipal election;
(2) August 1 before a municipal election in a town subject to IC 3-8-5-10;
(3) on the date specified for town convention nominees under IC 3-8-5-14.5;
(4) on the date specified for declared write-in candidates under IC 3-8-2-2.7;

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 (5) on the date specified for a school board candidate under IC 3-8-2.5-4; or
(6) forty-five (45) days before a special election.
(b) A candidate who is disqualified from being a candidate under IC 3-8-1-5 must file a
notice of withdrawal immediately upon becoming disqualified. IC 3-8-8-7 and the filing
requirements of subsection (a) do not apply to a notice of withdrawal filed under this
subsection.
(c) A candidate who has moved from the election district the candidate sought to represent
must file a notice of withdrawal immediately after changing the candidate's residence.
IC 3-8-8-7 and the filing requirements of subsection (a) do not apply to a notice of
withdrawal filed under this subsection.
[Pre-1986 Recodification Citation: 3-1-11-9.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.137; P.L.4-1991, SEC.42;
P.L.14-2004, SEC.69; P.L.194-2013, SEC.31; P.L.169-2015, SEC.68; P.L.216-2015, SEC.8.

IC 3-8-7-29 Candidates moving out of district or disqualified without

withdrawal of candidacy; procedure
Sec. 29. (a) This section applies:
(1) if a person:
(A) has been certified as a candidate in a certificate of nomination filed under this
chapter;
(B) moves from the election district that the person sought to represent following the
filing of the certificate of nomination;
(C) does not file a notice of withdrawal of candidacy under section 28 of this chapter;
and
(D) is no longer an active candidate; or
(2) if a person is disqualified from being a candidate under IC 3-8-1-5.
(b) The county chairman of any political party on the ballot in the election district or a
candidate for the office sought by the person described in subsection (a) may, upon
determining that this section applies, file an action in the circuit court, superior court, or
probate court in the county where the person described in subsection (a) resided. The
complaint in this action must:
(1) state that this section applies to the person; and
(2) name the person described in subsection (a) and the public official responsible for
placing that person's name on the ballot as defendants.
(c) When a complaint is filed under subsection (b), the circuit court, superior court, or
probate court shall conduct a hearing and rule on the petition within ten (10) days after it is
filed.
(d) If the court finds in favor of the plaintiff, a candidate vacancy occurs on the:
(1) general election ballot; and
(2) primary election ballot if no other person is:
(A) a member of the same political party as the person described in subsection (a);
and
(B) a candidate on the ballot for the office sought by the person described in
subsection (a).
(e) The candidate vacancy shall be filled under IC 3-13-1 or IC 3-13-2.
As added by P.L.3-1987, SEC.138. Amended by P.L.4-1991, SEC.43; P.L.84-2016, SEC.9.

IC 3-8-7-30 Certification of write-in candidates

Sec. 30. (a) Not later than noon on the date specified under section 16 of this chapter, the
election division shall certify to each county election board:
(1) the name of each individual who filed a declaration of intent to be a write-in
candidate with the election division; and
(2) any political party that the individual is affiliated with, or whether the individual is

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 an independent candidate.
(b) This subsection applies to a county that does not use a central location to tally ballot
card votes. The circuit court clerk shall provide a copy of the certification under this section
to the inspector of each precinct, with instructions concerning the counting of write-in votes
for declared write-in candidates.
As added by P.L.10-1992, SEC.14. Amended by P.L.3-1993, SEC.80; P.L.3-1997, SEC.168;
P.L.14-2004, SEC.70; P.L.169-2015, SEC.69.

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IC 3-8-8 Chapter 8. Removal of Name From Ballot of a Candidate for
Legislative or State Office at General Election for
Disqualification or Withdrawal

3-8-8-1 Applicability
3-8-8-2 When challenge not permitted
3-8-8-3 Who may challenge; filing requirements
3-8-8-4 Commission hearing
3-8-8-5 Commission determination; effect of commission failure to make
determination
3-8-8-6 Appeal of commission determination
3-8-8-7 Termination of challenge regardless of status of challenge or appeal; status of
candidate who withdraws after 60 days before election
3-8-8-8 Effect of candidate who withdraws receiving most votes in election; filling
vacancy

IC 3-8-8-1 Applicability
Sec. 1. (a) This chapter applies only to a candidate for election to any of the following:
(1) A legislative office.
(2) A state office other than a judicial office.
(b) This chapter applies notwithstanding any other law relating to challenges to the
qualifications of a candidate to be elected at a general election.
As added by P.L.230-2005, SEC.32.

IC 3-8-8-2 When challenge not permitted

Sec. 2. A candidate may not be challenged under this chapter if all of the following apply:
(1) The candidate's qualification was previously challenged under this chapter or other
applicable law.
(2) This challenge would be based on substantially the same grounds as the previous
challenge to the candidate.
(3) The commission conducted a hearing on the challenge and made a final
determination in favor of the candidate.
As added by P.L.230-2005, SEC.32.

IC 3-8-8-3 Who may challenge; filing requirements

Sec. 3. (a) An individual who challenges the qualification of a candidate for election to
an office must be a registered voter of the election district the candidate seeks to represent.
(b) A challenge under this chapter must be filed with the election division not later than
noon seventy-four (74) days before the date of the general election at which a candidate to
the office is to be elected.
(c) The challenger must file a sworn statement, signed before a person authorized to
administer oaths, with the election division:
(1) questioning the qualification of a candidate to seek the office; and
(2) setting forth the facts known to the voter concerning this question.
As added by P.L.230-2005, SEC.32. Amended by P.L.66-2010, SEC.7; P.L.278-2019,
SEC.31.

IC 3-8-8-4 Commission hearing

Sec. 4. The commission shall do the following not later than three (3) business days after
the challenger's sworn statement is filed under section 3 of this chapter:
(1) Meet to hear the challenge.
(2) Conclude the hearing.
As added by P.L.230-2005, SEC.32.

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IC 3-8-8-5 Commission determination; effect of commission failure to
make determination
Sec. 5. (a) Not later than one (1) business day after concluding the hearing, the
commission shall announce its determination on the matter.
(b) If the commission does not announce a determination on the matter as provided in
subsection (a), the commission is considered to have:
(1) dismissed the challenge; and
(2) taken final action on the challenge.
As added by P.L.230-2005, SEC.32.

IC 3-8-8-6 Appeal of commission determination

Sec. 6. The candidate or the challenger may appeal any final action:
(1) that the commission has taken; or
(2) that the commission is considered to have taken under section 5 of this chapter;
to the court of appeals for errors of law under the same terms, conditions, and standards that
govern appeals in ordinary civil actions. An assignment of errors that the commission's final
action is contrary to law is sufficient to present both the sufficiency of the facts found to
sustain the commission's action and the sufficiency of the evidence to sustain the finding of
facts upon which the commission's action was rendered.
As added by P.L.230-2005, SEC.32.

IC 3-8-8-7 Termination of challenge regardless of status of challenge or

appeal; status of candidate who withdraws after 60 days before
election
Sec. 7. (a) Regardless of the status of a challenge before the commission or the court of
appeals, at noon sixty (60) days before the general election the following apply:
(1) The challenge is terminated.
(2) The name of the challenged candidate may not be removed from the ballot.
(3) The name of another individual may not replace the name of the challenged
candidate on the ballot.
(4) Any votes cast for the challenged candidate shall be canvassed, counted, and
reported under the name of the challenged candidate.
(b) All of the following apply if a candidate attempts to withdraw as a candidate after
noon sixty (60) days before the general election:
(1) The name of the candidate may not be removed from the ballot.
(2) The name of another individual may not replace the name of the candidate on the
ballot.
(3) Any votes cast for the candidate shall be canvassed, counted, and reported under
the name of the candidate.
As added by P.L.230-2005, SEC.32. Amended by P.L.66-2010, SEC.8.

IC 3-8-8-8 Effect of candidate who withdraws receiving most votes in

election; filling vacancy
Sec. 8. (a) This section applies if a candidate whose name remains on the ballot under
section 7 of this chapter receives the most votes in the general election among all candidates
for the office.
(b) If, after the election, it is determined as provided by law that the individual was not
qualified to be elected to the office, it shall be considered that:
(1) an eligible candidate of the same political party, if any, as the ineligible candidate
had been elected; and
(2) a vacancy in the office occurred after the election.
(c) The vacancy in the office shall be filled as otherwise provided by law.
As added by P.L.230-2005, SEC.32.

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IC 3-8-9 Chapter 9. Statements of Economic Interests for Local and
School Board Offices

3-8-9-1 Application of chapter

3-8-9-2 "Filer"
3-8-9-3 "Statement"
3-8-9-4 Application to local and school board offices; exceptions; statement of
economic interests; requirement to file
3-8-9-5 Statement of economic interests; when to file
3-8-9-6 Failure to include statement; rejection of declaration of candidacy; petition of
nomination; declaration of intent to be a write-in candidate, or certificate of
candidate selection
3-8-9-7 Statement to be made under affirmation
3-8-9-8 Contents of statement
3-8-9-9 Form of statement
3-8-9-10 Failure to file statement of economic interests; receipt of salary

IC 3-8-9-1 Application of chapter

Sec. 1. This chapter applies only to candidates for local or school board offices.
As added by P.L.90-2012, SEC.3. Amended by P.L.278-2019, SEC.32.

IC 3-8-9-2 "Filer"
Sec. 2. As used in this chapter, "filer" refers to an individual who files a statement of
economic interests under this chapter.
As added by P.L.90-2012, SEC.3.

IC 3-8-9-3 "Statement"
Sec. 3. As used in this chapter, "statement" refers to the statement of economic interests
required to be filed under this chapter.
As added by P.L.90-2012, SEC.3.

IC 3-8-9-4 Application to local and school board offices; exceptions;

statement of economic interests; requirement to file
Sec. 4. (a) This section does not apply to a candidate for either of the following:
(1) Judge of a circuit, superior, city, town, probate, or small claims court.
(2) Prosecuting attorney of a judicial circuit.
(b) A candidate for a local office or school board office shall file a written statement of
economic interests as provided in this chapter.
As added by P.L.90-2012, SEC.3. Amended by P.L.76-2014, SEC.24; P.L.278-2019, SEC.33.

IC 3-8-9-5 Statement of economic interests; when to file

Sec. 5. An individual required to file a statement under section 4 of this chapter shall file
the statement as follows:
(1) With the individual's:
(A) declaration of candidacy under IC 3-8-2 or IC 3-8-5;
(B) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an office described in
IC 3-8-2-5 in a county with a separate board of registration under IC 3-7-12 after
certification by the board of registration;
(C) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an office described in
IC 3-8-2-5 in a county that does not have a separate board of registration under
IC 3-7-12;
(D) petition of nomination under IC 3-8-6 for an office described in IC 3-8-2-5 after
certification by the county voter registration office;
(E) certificate of nomination under IC 3-10-2-15 or IC 3-10-6-12;

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 (F) statement consenting to be a replacement candidate under IC 3-8-6-17;
(G) declaration of intent to be a write-in candidate under IC 3-8-2-2.5; or
(H) certificate of candidate selection under IC 3-13-1 or IC 3-13-2.
(2) When the individual assumes a vacant elected office under IC 3-13-7, IC 3-13-8,
IC 3-13-9, IC 3-13-10, IC 3-13-11, or IC 20-23-4-30. A statement filed under this
subdivision must be filed not later than noon sixty (60) days after the individual
assumes the elected office.
As added by P.L.90-2012, SEC.3. Amended by P.L.194-2013, SEC.32; P.L.76-2014,
SEC.25; P.L.74-2017, SEC.31; P.L.278-2019, SEC.34.

IC 3-8-9-6 Failure to include statement; rejection of declaration of

candidacy; petition of nomination; declaration of intent to be a
write-in candidate, or certificate of candidate selection
Sec. 6. The circuit court clerk shall reject a declaration of candidacy, petition of
nomination, declaration of intent to be a write-in candidate, or certificate of candidate
selection that does not include the statement.
As added by P.L.90-2012, SEC.3.

IC 3-8-9-7 Statement to be made under affirmation

Sec. 7. A statement must be made under affirmation.
As added by P.L.90-2012, SEC.3.

IC 3-8-9-8 Contents of statement

Sec. 8. A statement must set forth the following information for the preceding calendar
year:
(1) The following information for each employer of the filer and each employer of the
filer's spouse:
(A) The name of the employer.
(B) The nature of the employer's business.
For purposes of this subdivision, "employer" means any person from whom the filer or
the filer's spouse received more than thirty-three percent (33%) of the filer's or the
filer's spouse's income.
(2) The following information about any sole proprietorship owned or professional
practice operated by the filer:
(A) The name of the sole proprietorship or professional practice.
(B) The nature of the business of the sole proprietorship or professional practice.
(3) The name of any partnership or limited liability company in which the filer or the
filer's spouse is a member and the nature of the business of the partnership or limited
liability company.
(4) The name of a corporation (other than a church) of which the filer or the filer's
spouse is an officer or a director and the nature of the corporation's business.
As added by P.L.90-2012, SEC.3.

IC 3-8-9-9 Form of statement

Sec. 9. The election division shall prescribe the form of the statement.
As added by P.L.90-2012, SEC.3. Amended by P.L.169-2015, SEC.70.

IC 3-8-9-10 Failure to file statement of economic interests; receipt of salary

Sec. 10. (a) This section applies to any individual required to file a statement in
accordance with section 5 of this chapter.
(b) If:
(1) the individual (or another individual acting on behalf of that individual) fails to file
the statement with the individual's declaration of candidacy, petition of nomination,

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 certificate of nomination, consent to be a replacement candidate, certificate of
candidate selection, or declaration of intent to be a write-in candidate, or following the
individual's assumption of a vacant elected office during the period described by
section 5 of this chapter; and
(2) notwithstanding the requirements of section 6 of this chapter, the statement is
accepted by the circuit court clerk;
the individual, if elected to an office or receiving an appointment pro tempore to an office,
is not entitled to receive a salary for service in that office until the statement is filed.
As added by P.L.227-2023, SEC.52.

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IC 3-9 ARTICLE 9. CAMPAIGNS

Ch. 1. Campaign Committees

Ch. 2. Campaign Contributions
Ch. 3. Campaign Expenses
Ch. 4. Administration by Election Division and County Election Boards
Ch. 5. Reports Required of Candidates and Committees
Ch. 6. Repealed
Ch. 7. Repealed

IC 3-9-1 Chapter 1. Campaign Committees

3-9-1-1 Application of chapter

3-9-1-1.5 Deadline for filing statement of organization; determination of existence of
regular party committee
3-9-1-2 Chairman and treasurer
3-9-1-3 Statement of organization; filing
3-9-1-4 Statement of organization; content
3-9-1-5 Principal committee; designation by written instrument
3-9-1-5.5 Principal committee; candidates for school board or certain local offices;
designation by written instrument
3-9-1-6 Failure to file written instrument; designation of committee
3-9-1-7 Candidate as chairman or treasurer
3-9-1-8 Candidate as ex officio member
3-9-1-9 Repealed
3-9-1-10 Report of change in information
3-9-1-11 Repealed
3-9-1-12 Dissolution of committee
3-9-1-13 Treasurer of committee; qualifications
3-9-1-14 Appointment or designation of treasurer
3-9-1-15 Filing notice of appointment or designation
3-9-1-16 Repealed
3-9-1-17 Repealed
3-9-1-18 Treasurer serving on more than one committee
3-9-1-19 Removal of chairman or treasurer
3-9-1-20 All money or property to be handled by treasurer
3-9-1-21 Expenditure or disbursement of money; approval of committee
3-9-1-22 Vouchers for disbursements
3-9-1-23 Accounts and records
3-9-1-24 Preservation of receipted bills and checks
3-9-1-25 Solicitation and receipt of contributions by member
3-9-1-25.5 Calendar year in which contribution made
3-9-1-26 Other persons receiving or disbursing funds; requirements and obligations

IC 3-9-1-1 Application of chapter

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to candidates in all
elections and caucuses and to the following types of committees:
(1) Candidate's committees.
(2) Regular party committees.
(3) Political action committees.
(4) Legislative caucus committees.
(b) This chapter does not apply to the following:
(1) A candidate for a local office for which the compensation is less than five thousand
dollars ($5,000) per year unless the candidate is required to file a written instrument
designating a principal committee under section 5.5 of this chapter.
(2) A candidate for school board office unless the candidate is required to file a written
instrument designating a principal committee under section 5.5 of this chapter.
(3) Elections for precinct committeeman or delegate to a state convention.

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 (4) An auxiliary party organization.
[Pre-1986 Recodification Citation: 3-4-1-1 part.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.139; P.L.4-1991, SEC.44;
P.L.3-1993, SEC.81; P.L.3-1995, SEC.63; P.L.3-1997, SEC.169; P.L.26-2000, SEC.8.

IC 3-9-1-1.5 Deadline for filing statement of organization; determination of

existence of regular party committee
Sec. 1.5. (a) This section does not apply to a national committee of a political party.
(b) For purposes of determining the deadline for filing a statement of organization under
section 3 of this chapter, a committee becomes a regular party committee when the committee
accepts contributions or makes expenditures during a calendar year:
(1) to influence the election of a candidate for state, legislative, or local office; and
(2) that total more than one hundred dollars ($100).
As added by P.L.9-2004, SEC.12. Amended by P.L.164-2006, SEC.60.

IC 3-9-1-2 Chairman and treasurer

Sec. 2. Each committee must have a chairman and a treasurer who are ex officio members
of the committee. A person may not make an expenditure or accept a contribution for or on
behalf of a committee without the authorization of its chairman or treasurer.
[Pre-1986 Recodification Citation: 3-4-2-1.]
As added by P.L.5-1986, SEC.5.

IC 3-9-1-3 Statement of organization; filing

Sec. 3. Each committee must file a statement of organization not later than noon ten (10)
days after it becomes a committee.
[Pre-1986 Recodification Citation: 3-4-2-2.]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.62; P.L.2-1996, SEC.93;
P.L.3-1997, SEC.170; P.L.126-2002, SEC.32.

IC 3-9-1-4 Statement of organization; content

Sec. 4. A committee must include in its statement of organization the following:
(1) The name and address of the committee.
(2) The purpose for which the committee is formed, unless the committee is a
candidate's committee that identifies a specific office sought by the candidate.
(3) The name and address of the chairman and treasurer.
(4) If applicable, the name, address, office sought, and political party affiliation or
independent status of each candidate whom the committee is supporting.
(5) If the committee is a legislative caucus committee, political action committee, or
regular party committee and is supporting the entire ticket of a political party, the name
of the party.
(6) If the committee is a political action committee supporting or opposing a public
question, a brief statement of the question supported or opposed.
(7) A listing of all banks, safety deposit boxes, and other depositories used.
(8) Other information prescribed by the election division under IC 3-6-4.2-12(8).
[Pre-1986 Recodification Citation: 3-4-2-3.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1993, SEC.82; P.L.3-1997, SEC.171;
P.L.176-1999, SEC.37; P.L.169-2015, SEC.71.

IC 3-9-1-5 Principal committee; designation by written instrument

Sec. 5. (a) This section does not apply to the following candidates:
(1) A candidate for a local office for which the compensation is less than five thousand
dollars ($5,000) per year.
(2) A candidate for a school board office.

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 (b) Each candidate shall have a principal committee.
(c) A candidate shall file a written instrument designating the name of the principal
committee and the names of the chairman and treasurer of the committee. The written
instrument must be filed not later than the earliest of the following:
(1) Noon ten (10) days after becoming a candidate.
(2) Noon seven (7) days after the final date and hour for filing any of the following,
whichever applies to the candidate:
(A) A declaration of candidacy under IC 3-8-2.
(B) A petition of nomination under IC 3-8-6.
(C) A certificate of nomination under IC 3-8-7-8.
(D) A certificate of candidate selection under IC 3-13-1 or IC 3-13-2.
(E) A declaration of intent to be a write-in candidate under IC 3-8-2.
(3) The date a candidate is required to file the candidate's first campaign finance report
under IC 3-9-5.
(d) This designation may be made on the same instrument as the statement of organization
required from the principal committee.
[Pre-1986 Recodification Citation: 3-4-2-4(a).]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.140; P.L.10-1988, SEC.63;
P.L.8-1992, SEC.6; P.L.3-1995, SEC.64; P.L.26-2000, SEC.9; P.L.199-2001, SEC.16.

IC 3-9-1-5.5 Principal committee; candidates for school board or certain

local offices; designation by written instrument
Sec. 5.5. (a) This section applies to the following candidates:
(1) A candidate for a local office for which the compensation is less than five thousand
dollars ($5,000) per year.
(2) A candidate for a school board office.
(b) A candidate shall have a principal committee.
(c) Not later than noon ten (10) days after either:
(1) the candidate receives more than five hundred dollars ($500) in contributions; or
(2) the candidate makes more than five hundred dollars ($500) in expenditures;
whichever occurs first, the candidate shall file a written instrument designating the name of
the principal committee and the names of the chairman and treasurer of the committee.
(d) This designation may be made on the same instrument as the statement of organization
required from the principal committee.
As added by P.L.26-2000, SEC.10.

IC 3-9-1-6 Failure to file written instrument; designation of committee

Sec. 6. If a candidate fails to file the instrument required by section 5 or 5.5 of this
chapter, the candidate's principal committee is designated as "the ____________(insert the
name of the candidate) for _________ (insert the title of the office sought by the candidate)
committee". The candidate is then both chairman and treasurer of the committee.
[Pre-1986 Recodification Citation: 3-4-2-4(b).]
As added by P.L.5-1986, SEC.5. Amended by P.L.26-2000, SEC.11.

IC 3-9-1-7 Candidate as chairman or treasurer

Sec. 7. A candidate may be chairman, treasurer, or both chairman and treasurer of the
candidate's committee.
[Pre-1986 Recodification Citation: 3-4-2-5.]
As added by P.L.5-1986, SEC.5.

IC 3-9-1-8 Candidate as ex officio member

Sec. 8. A candidate is an ex officio member of the candidate's committee.
[Pre-1986 Recodification Citation: 3-4-2-6.]

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As added by P.L.5-1986, SEC.5.

IC 3-9-1-9 Repealed
[Pre-1986 Recodification Citation: 3-4-2-7.]
As added by P.L.5-1986, SEC.5. Amended by P.L.4-1991, SEC.45. Repealed by P.L.3-1993,
SEC.281.

IC 3-9-1-10 Report of change in information

Sec. 10. A committee shall report any change in information previously submitted in a
statement of organization within ten (10) days following the change.
[Pre-1986 Recodification Citation: 3-4-2-8.]
As added by P.L.5-1986, SEC.5.

IC 3-9-1-11 Repealed
[Pre-1986 Recodification Citation: 3-4-2-9.]
As added by P.L.5-1986, SEC.5. Repealed by P.L.4-1991, SEC.147.

IC 3-9-1-12 Dissolution of committee

Sec. 12. (a) A committee may disband at any time in the manner prescribed by this
section.
(b) The commission or a county election board may administratively disband a committee
in the manner prescribed by this section.
(c) The commission has exclusive jurisdiction to disband any of the following:
(1) A candidate's committee for state office.
(2) A candidate's committee for legislative office.
(3) A legislative caucus committee.
(4) A political action committee that has filed a statement or report with the election
division.
(5) A regular party committee that has filed a statement or report with the election
division.
(d) A county election board has exclusive jurisdiction to disband any of the following:
(1) A candidate's committee for a local office.
(2) A candidate's committee for a school board office.
(3) A political action committee that has filed a statement or report with the election
board, unless the political action committee has also filed a report with the election
division.
(4) A regular party committee that has filed a statement or report with the election
board, unless the regular party committee has also filed a report with the election
division.
(e) The commission or a county election board may administratively disband a committee
in the following manner:
(1) Not later than the last Friday of January of each year, the election division or county
election board shall review the list of committees that have filed statements of
organization with the division or board under this article.
(2) If the election division or county election board determines both of the following,
the election division or county election board may begin a proceeding before the
commission or board to administratively disband the committee:
(A) The committee has not filed any report of expenditures during the previous three
(3) calendar years.
(B) The committee last reported cash on hand in an amount that does not exceed one
thousand dollars ($1,000), if the committee filed a report under this article.
(3) The election division or county election board shall provide notice of the
proceeding by certified mail to the last known address of the chairman and treasurer of

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 the committee.
(4) The commission or board may issue an order administratively dissolving the
committee if the commission or board makes the following findings:
(A) There is no evidence that the committee continues to receive contributions, make
expenditures, or otherwise function as a committee.
(B) According to the best evidence available to the commission or board, the
dissolution of the committee will not impair any contract or impede the collection of
a debt or judgment by any person.
(5) If the commission or board:
(A) administratively dissolves a committee under subdivision (4); and
(B) finds that the prudent use of public resources makes further efforts to collect any
outstanding civil penalty imposed against the committee wasteful or unjust;
the commission or board may also waive the outstanding civil penalty previously
imposed by the commission or board against the committee.
(6) The election division shall arrange for the publication in the Indiana Register of an
order administratively disbanding a committee. A county election board shall publish
a notice under IC 5-3-1 stating that the board has disbanded a committee under this
subsection. The notice must state the date of the order and the name of the committee,
but the board is not required to publish the text of the order.
(7) An order issued under this subsection takes effect immediately upon its adoption,
unless otherwise specified in the order.
(f) If the chairman or treasurer of a committee wishes to disband the committee, the
committee must do either of the following:
(1) Give written notification of the dissolution and transfer a surplus of contributions
less expenditures to any one (1) or a combination of the following:
(A) One (1) or more regular party committees.
(B) One (1) or more candidate's committees.
(C) The election division.
(D) An organization exempt from federal income taxation under Section 501 of the
Internal Revenue Code.
(E) Contributors to the committee, on a pro rata basis.
(2) Use the surplus in any other manner permitted under IC 3-9-3-4.
(g) Except as provided in subsection (e) concerning the waiver of civil penalties, a
dissolution or transfer of funds does not relieve the committee or the committee's members
from any:
(1) civil liability, including the liability of the committee's chairman or treasurer for the
payment of any debts incurred by or on behalf of the committee; or
(2) criminal liability.
[Pre-1986 Recodification Citation: 3-4-2-10.]
As added by P.L.5-1986, SEC.5. Amended by P.L.13-1987, SEC.1; P.L.8-1992, SEC.7;
P.L.3-1993, SEC.83; P.L.2-1996, SEC.94; P.L.3-1997, SEC.172; P.L.176-1999, SEC.38;
P.L.126-2002, SEC.33; P.L.225-2011, SEC.41.

IC 3-9-1-13 Treasurer of committee; qualifications

Sec. 13. A treasurer of a committee:
(1) must be a United States citizen;
(2) may not be the chairman of a committee except in the case of a candidate under
section 7 of this chapter;
(3) must be appointed treasurer in writing as required by section 14 of this chapter; and
(4) must file the written instrument of appointment as required by section 15 of this
chapter.
[Pre-1986 Recodification Citation: 3-4-2-14.]
As added by P.L.5-1986, SEC.5. Amended by P.L.8-1992, SEC.8.

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IC 3-9-1-14 Appointment or designation of treasurer
Sec. 14. The chairman of a committee shall appoint or designate the treasurer of the
committee in a written instrument.
[Pre-1986 Recodification Citation: 3-4-2-11.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1995, SEC.65.

IC 3-9-1-15 Filing notice of appointment or designation

Sec. 15. The treasurer of a committee shall file a notice of the treasurer's written
appointment or designation with the election division or the county election board, as
required by IC 3-9-5-2, IC 3-9-5-3, or IC 3-9-5-4.
[Pre-1986 Recodification Citation: 3-4-2-12.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.141; P.L.10-1988, SEC.64;
P.L.2-1996, SEC.95; P.L.3-1997, SEC.173.

IC 3-9-1-16 Repealed
[Pre-1986 Recodification Citation: 3-4-2-13 part.]
As added by P.L.5-1986, SEC.5. Repealed by P.L.8-1992, SEC.43.

IC 3-9-1-17 Repealed
[Pre-1986 Recodification Citation: 3-4-2-13 part.]
As added by P.L.5-1986, SEC.5. Repealed by P.L.8-1992, SEC.43.

IC 3-9-1-18 Treasurer serving on more than one committee

Sec. 18. A treasurer of one committee may be the treasurer of another committee unless
the treasurer is a candidate.
[Pre-1986 Recodification Citation: 3-4-2-15.]
As added by P.L.5-1986, SEC.5.

IC 3-9-1-19 Removal of chairman or treasurer

Sec. 19. (a) A committee may remove a person appointed or designated chairman or
treasurer by the committee without assigning a cause. The committee may also appoint or
designate the successor of the removed chairman or treasurer.
(b) Upon removal, the treasurer shall immediately account for and turn over to the
treasurer's successor in office the value then in the treasurer's possession.
[Pre-1986 Recodification Citation: 3-4-2-16.]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.65; P.L.4-1991, SEC.46;
P.L.3-1993, SEC.84.

IC 3-9-1-20 All money or property to be handled by treasurer

Sec. 20. All money or other property collected or received by a committee or by a
member of it for a political purpose shall be paid over to and made to pass through the hands
of the treasurer of the committee. Similarly, all money or other property must be disbursed
by the treasurer.
[Pre-1986 Recodification Citation: 3-4-2-17.]
As added by P.L.5-1986, SEC.5.

IC 3-9-1-21 Expenditure or disbursement of money; approval of committee

Sec. 21. The treasurer of a committee may not expend or disburse money or other
property or incur any liability except by the authority and subject to the direction of the
committee for which the treasurer is acting.
[Pre-1986 Recodification Citation: 3-4-2-18.]
As added by P.L.5-1986, SEC.5.

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IC 3-9-1-22 Vouchers for disbursements
Sec. 22. Disbursements may be made by a voucher drawn by the chairman of a committee
on the treasurer and presented to the treasurer for payment. The voucher must show the
specific purpose for which the money is being expended.
[Pre-1986 Recodification Citation: 3-4-2-19.]
As added by P.L.5-1986, SEC.5.

IC 3-9-1-23 Accounts and records

Sec. 23. The treasurer of a committee shall keep a detailed and exact account of the
information required to be reported under this article.
[Pre-1986 Recodification Citation: 3-4-2-20.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1997, SEC.174.

IC 3-9-1-24 Preservation of receipted bills and checks

Sec. 24. (a) The treasurer of a committee shall obtain and keep receipted bills, cancelled
checks, or other proof of payment, stating the particulars for each expenditure made by or on
behalf of a committee:
(1) of more than twenty-five dollars ($25); and
(2) for a smaller amount, if the aggregate amount of the expenditures to the same
person during a year exceeds twenty-five dollars ($25).
(b) The treasurer shall preserve all receipted bills and accounts required to be kept by this
section for:
(1) three (3) years; or
(2) one (1) year after the date of dissolution of the committee;
whichever occurs first.
[Pre-1986 Recodification Citation: 3-4-2-21.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.142.

IC 3-9-1-25 Solicitation and receipt of contributions by member

Sec. 25. (a) A member of a committee that has appointed a treasurer in accordance with
this chapter may solicit or receive contributions as long as the member immediately turns
over the contributions without diminution to the treasurer of the committee, to be disbursed
and accounted for by the treasurer as provided by this article. The treasurer shall show, in the
treasurer's account and statement and in addition to the requirements of IC 3-9-5, through
what member of the committee any contributions were received.
(b) A contribution is considered to be received and accepted by a committee when any
member of the committee:
(1) has physical possession of the contribution; and
(2) manifests an intent to keep the contribution by depositing the contribution, subject
to IC 3-9-5-14(c).
[Pre-1986 Recodification Citation: 3-4-2-22.]
As added by P.L.5-1986, SEC.5. Amended by P.L.176-1999, SEC.39.

IC 3-9-1-25.5 Calendar year in which contribution made

Sec. 25.5. For purposes of this article, a person makes a contribution during the calendar
year in which the person relinquishes control over the contribution by:
(1) depositing the contribution in the United States mail; or
(2) transferring the contribution to any other person who has been directed to convey
the contribution to the person intended to be the recipient of the contribution.
As added by P.L.176-1999, SEC.40.

IC 3-9-1-26 Other persons receiving or disbursing funds; requirements and

obligations

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 Sec. 26. A person, except a person authorized by the treasurer of a committee and a
member of a committee, who receives or disburses money for a political purpose is subject
to all the requirements, obligations, and penalties to which the treasurer of a committee is
subject.
[Pre-1986 Recodification Citation: 3-4-2-25.]
As added by P.L.5-1986, SEC.5.

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IC 3-9-2 Chapter 2. Campaign Contributions

3-9-2-1 Application of chapter

3-9-2-2 Candidates
3-9-2-3 Corporations, labor organizations, and national banks
3-9-2-4 Corporations or labor organizations; limitation on contributions
3-9-2-5 Contributions or donations to specific candidate or committee
3-9-2-6 Exceptions
3-9-2-7 Election contest expenses
3-9-2-8 Contributions from national committee
3-9-2-9 Transfer of contributions to treasurer; segregation of funds
3-9-2-10 Solicitation of funds; notice
3-9-2-11 Foreign nationals
3-9-2-12 Prohibition on contributions to legislative and state candidates during long
session of general assembly; prohibited period; exceptions
3-9-2-13 Repealed

IC 3-9-2-1 Application of chapter

Sec. 1. (a) Except as provided in subsections (b) and (c), this chapter applies to candidates
in all elections and caucuses and to the following types of committees:
(1) Candidate's committees.
(2) Regular party committees.
(3) Political action committees.
(4) A legislative caucus committee.
(b) Sections 2 through 10 of this chapter do not apply to elections for precinct
committeeman or delegate to a state convention.
(c) Section 9 of this chapter applies to a candidate only if the candidate is required to file
a written instrument designating a principal committee under IC 3-9-1-5 or IC 3-9-1-5.5.
(d) Sections 9 and 10 of this chapter apply to an auxiliary party organization.
[Pre-1986 Recodification Citation: 3-4-1-1 part.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.143; P.L.3-1993, SEC.85;
P.L.3-1995, SEC.66; P.L.3-1997, SEC.175; P.L.26-2000, SEC.12.

IC 3-9-2-2 Candidates
Sec. 2. Except as otherwise provided in this article, a candidate may make a voluntary
payment of money to a treasurer of a committee for a purpose permitted by this article.
[Pre-1986 Recodification Citation: 3-4-3-1.]
As added by P.L.5-1986, SEC.5.

IC 3-9-2-3 Corporations, labor organizations, and national banks

Sec. 3. (a) Notwithstanding IC 23-0.5-8-2 or any other statute, a corporation or labor
organization may make a contribution to aid in the:
(1) election or defeat of a candidate; or
(2) the success or defeat of:
(A) a political party; or
(B) a public question submitted to a vote in an election.
(b) Contributions by a corporation or labor organization are limited to those authorized
by sections 4, 5, and 6 of this chapter.
(c) A national bank or a corporation organized by authority of any law of Congress must
comply with contribution restrictions applicable to Indiana elections under 52 U.S.C. 30118.
[Pre-1986 Recodification Citations: 3-4-3-3(a) part; 3-4-3-3(c).]
As added by P.L.5-1986, SEC.5. Amended by P.L.11-1987, SEC.3; P.L.7-1990, SEC.29;
P.L.14-1992, SEC.1; P.L.3-1997, SEC.176; P.L.128-2015, SEC.145; P.L.118-2017, SEC.1.

IC 3-9-2-4 Corporations or labor organizations; limitation on

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 contributions
Sec. 4. During a year a corporation or labor organization may not make total contributions
in excess of:
(1) an aggregate of five thousand dollars ($5,000) apportioned in any manner among
all candidates for state offices (including a judge of the court of appeals whose
retention in office is voted on by a district that does not include all of Indiana);
(2) an aggregate of five thousand dollars ($5,000) apportioned in any manner among
all state committees of political parties;
(3) an aggregate of two thousand dollars ($2,000) apportioned in any manner among
all candidates for the senate of the general assembly;
(4) an aggregate of two thousand dollars ($2,000) apportioned in any manner among
all candidates for the house of representatives of the general assembly;
(5) an aggregate of two thousand dollars ($2,000) apportioned in any manner among
regular party committees organized by a legislative caucus of the senate of the general
assembly;
(6) an aggregate of two thousand dollars ($2,000) apportioned in any manner among
regular party committees organized by a legislative caucus of the house of
representatives of the general assembly;
(7) an aggregate of two thousand dollars ($2,000) apportioned in any manner among
all candidates for school board offices and local offices; and
(8) an aggregate of two thousand dollars ($2,000) apportioned in any manner among
all central committees other than state committees.
[Pre-1986 Recodification Citation: 3-4-3-3(a) part.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.144; P.L.10-1988, SEC.66.

IC 3-9-2-5 Contributions or donations to specific candidate or committee

Sec. 5. (a) A contribution:
(1) authorized under subsection (c) or section 4 of this chapter;
(2) to a committee by a corporation or labor organization; and
(3) designated by that corporation or labor organization for disbursement to a specific
candidate, central committee, or other regular party committee;
is subject to the limitations in section 4 of this chapter.
(b) A corporation or labor organization may make a donation to cover any amount of
administrative costs (as described in IC 3-5-2-15(e)) to a political action committee
established and controlled by the corporation or labor organization. A donation made under
this subsection is not considered a contribution or an expenditure by the corporation or labor
organization.
(c) A corporation or labor organization may make a contribution to a political action
committee if the contribution:
(1) does not exceed any of the limits prescribed under section 4 of this chapter; and
(2) is designated for disbursement to a specific candidate or committee listed under
section 4 of this chapter.
[Pre-1986 Recodification Citation: 3-4-3-3(b).]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.67; P.L.3-1995, SEC.67;
P.L.8-1995, SEC.36; P.L.2-1996, SEC.96; P.L.3-1997, SEC.177.

IC 3-9-2-6 Exceptions
Sec. 6. Sections 4 and 5 of this chapter do not apply to the following:
(1) Nonpartisan registration and get-out-the-vote campaigns:
(A) by a corporation aimed at its stockholders and employees; or
(B) by a trade association or labor organization aimed at its members.
(2) A contribution or transfer by an incorporated nonpartisan political action committee
to any other committee.

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 (3) A contribution supporting or opposing the approval of a public question submitted
to the electorate of the entire state or a local public question.
[Pre-1986 Recodification Citation: 3-4-3-3(d).]
As added by P.L.5-1986, SEC.5. Amended by P.L.7-1990, SEC.30.

IC 3-9-2-7 Election contest expenses

Sec. 7. This article does not limit or affect the right of a person to expend money for
proper legal expenses in maintaining or contesting the result of an election.
[Pre-1986 Recodification Citation: 3-4-3-4.]
As added by P.L.5-1986, SEC.5.

IC 3-9-2-8 Contributions from national committee

Sec. 8. A central committee may accept contributions from the national committee or the
national congressional committee of a political party to be expended for purposes authorized
by this article.
[Pre-1986 Recodification Citation: 3-4-3-5.]
As added by P.L.5-1986, SEC.5.

IC 3-9-2-9 Transfer of contributions to treasurer; segregation of funds

Sec. 9. (a) Each person who accepts a contribution for a committee shall, on demand of
the treasurer of the committee, and in any case within thirty (30) days after receipt of the
contribution, transfer to the treasurer the actual contribution if it is money or a detailed
account if it is other than money.
(b) The transfer must include the actual monetary value and the information about the
contribution required to be reported by the treasurer under IC 3-9-5-14.
(c) This subsection applies to a committee that accepts contributions or makes
expenditures in an aggregate amount of more than two hundred dollars ($200) in a year. All
funds of a committee must be segregated from, and may not be commingled with, the
personal funds of officers, members, or associates of the committee.
[Pre-1986 Recodification Citation: 3-4-3-7.]
As added by P.L.5-1986, SEC.5. Amended by P.L.7-1990, SEC.31; P.L.3-1997, SEC.178.

IC 3-9-2-10 Solicitation of funds; notice

Sec. 10. An individual, an organization, or a committee shall include in all literature and
advertisements soliciting contributions:
(1) the notice required under IC 3-9-3-2.5; and
(2) any notice required under Section 6113 of the Internal Revenue Code (26 U.S.C.
6113).
[Pre-1986 Recodification Citation: 3-4-3-8.]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.68; P.L.5-1989, SEC.29;
P.L.3-1997, SEC.179.

IC 3-9-2-11 Foreign nationals

Sec. 11. A foreign national (as defined in 52 U.S.C. 30121(b)) may not make a
contribution in connection with:
(1) an election;
(2) a convention; or
(3) a caucus in which a candidate is selected;
under this title.
As added by P.L.3-1995, SEC.68. Amended by P.L.128-2015, SEC.146.

IC 3-9-2-12 Prohibition on contributions to legislative and state candidates

during long session of general assembly; prohibited period;

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 exceptions
Sec. 12. (a) This section does not apply to:
(1) a member of the general assembly; or
(2) a candidate's committee of a member of the general assembly;
with respect to an office other than a legislative office or a state office to which the member
seeks election.
(b) As used in this section, "affected person" refers to any of the following:
(1) An individual who holds a legislative office.
(2) A candidate for a legislative office.
(3) An individual who holds a state office.
(4) A candidate for a state office.
(c) As used in this section, "prohibited period" means the period:
(1) beginning on the day in January in each odd-numbered year the general assembly
reconvenes under IC 2-2.1-1-2; and
(2) through the day the general assembly adjourns sine die under IC 2-2.1-1-2 in an
odd-numbered year.
(d) During the prohibited period, an affected person, an affected person's candidate's
committee, and a legislative caucus committee may not do any of the following:
(1) Solicit campaign contributions.
(2) Accept campaign contributions.
(3) Conduct other fundraising activities. This subdivision does not prohibit an affected
person from participating in party activities conducted by a regular party committee.
As added by P.L.3-1997, SEC.180. Amended by P.L.58-2010, SEC.31; P.L.133-2021,
SEC.10; P.L.141-2023, SEC.3; P.L.227-2023, SEC.53.

IC 3-9-2-13 Repealed
As added by P.L.3-1997, SEC.181. Amended by P.L.176-1999, SEC.41. Repealed by
P.L.100-2012, SEC.1.

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IC 3-9-3 Chapter 3. Campaign Expenses

3-9-3-1 Application of chapter; certain exception for political party offices

3-9-3-2 Repealed
3-9-3-2.5 Communications regarding clearly identified candidates; soliciting
contributions; disclaimers
3-9-3-3 Repealed
3-9-3-4 Permitted uses of money contributions
3-9-3-5 False representation as office holder in campaign materials

IC 3-9-3-1 Application of chapter; certain exception for political party

offices
Sec. 1. (a) Except as provided in subsections (b) and (c), this chapter applies to candidates
in all elections and caucuses and to the following types of committees:
(1) Candidate's committees.
(2) Regular party committees.
(3) Political action committees.
(4) An auxiliary party organization.
(5) A legislative caucus committee.
(b) Section 4 of this chapter does not apply to candidates for federal office.
(c) Section 2.5 of this chapter does not apply to candidates for the following:
(1) Precinct committeeman.
(2) State convention delegate.
[Pre-1986 Recodification Citation: 3-4-1-1 part.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.145; P.L.4-1991, SEC.47;
P.L.3-1993, SEC.86; P.L.3-1995, SEC.69; P.L.3-1997, SEC.182; P.L.66-2003, SEC.20.

IC 3-9-3-2 Repealed
[Pre-1986 Recodification Citation: 3-4-4-2(b).]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.69; P.L.5-1989, SEC.30;
P.L.4-1991, SEC.48. Repealed by P.L.3-1997, SEC.475.

IC 3-9-3-2.5 Communications regarding clearly identified candidates;

soliciting contributions; disclaimers
Sec. 2.5. (a) This section does not apply to any of the following:
(1) A communication relating to an election to a federal office.
(2) A communication relating to the outcome of a public question.
(3) A communication described by this section in a medium regulated by federal law
to the extent that federal law regulates the appearance, content, or placement of the
communication in the medium.
(4) Bumper stickers, pins, buttons, pens, and similar small items upon which the
disclaimer required by this section cannot be conveniently printed.
(5) Skywriting, water towers, wearing apparel, or other means of displaying an
advertisement on which the inclusion of a disclaimer would be impracticable.
(6) Checks, receipts, and similar items of minimal value that do not contain a political
message and are used for purely administrative purposes.
(7) A communication by a political action committee organized and controlled by a
corporation soliciting contributions to the political action committee by the
stockholders, executives, or employees of the corporation and the families of those
individuals.
(8) A communication by a political action committee organized and controlled by a
labor organization soliciting contributions to the political action committee by the
members or executive personnel of the labor organization and the families of those
individuals.

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 (9) A direct mailing of one hundred (100) or less substantially similar pieces of mail.
(b) This section applies whenever a person:
(1) makes an expenditure for the purpose of financing communications expressly
advocating the election or defeat of a clearly identified candidate; or
(2) solicits a contribution;
through a newspaper, a magazine, an outdoor advertising facility, a poster, a yard sign, a
direct mailing, or any other type of general public political advertising.
(c) For purposes of this section, a candidate is clearly identified if any of the following
apply:
(1) The name of the candidate involved appears.
(2) A photograph or drawing of the candidate appears.
(3) The identity of the candidate is apparent by unambiguous reference.
(d) A communication described in subsection (b) must contain a disclaimer that appears
and is presented in a clear and conspicuous manner to give the reader or observer adequate
notice of the identity of persons who paid for and, when required, who authorized the
communication. A disclaimer does not comply with this section if the disclaimer is difficult
to read or if the placement of the disclaimer is easily overlooked.
(e) In addition to meeting the requirements of subsection (d), a disclaimer that appears
on a printed communication described in subsection (b) must comply with the following:
(1) The disclaimer must be of sufficient type size to be clearly readable by the recipient
of the communication. A disclaimer in 12 point type size satisfies the size requirement
of this subdivision when the disclaimer is used for a yard sign, a poster, a flyer, a
newspaper, a magazine, or a direct mailing.
(2) The disclaimer must be printed with a reasonable degree of color contrast between
the background and the printed statement. A disclaimer satisfies the color contrast
requirement of this subdivision if:
(A) the disclaimer is printed in black text on a white background; or
(B) the degree of color contrast between the background and the text of the
disclaimer is not less than the color contrast between the background and the largest
text used in the communication.
Notwithstanding subdivisions (1) and (2), a disclaimer satisfies the requirements of this
subsection if the minimum type size of the disclaimer is 7 point and the type color of the
disclaimer contrasts with the background color.
(f) A communication that would require a disclaimer if distributed separately must contain
the required disclaimer if included in a package of materials.
(g) This subsection does not apply to a communication, such as a billboard, that contains
only a front face. The disclaimer need not appear on the front or cover page of the
communication if the disclaimer appears within the communication.
(h) Except as provided in subsection (i), a communication described in subsection (b)
must satisfy one (1) of the following:
(1) If the communication is paid for and authorized by:
(A) a candidate;
(B) an authorized political committee of a candidate; or
(C) the committee's agents;
the communication must clearly state that the communication has been paid for by the
authorized political committee.
(2) If the communication is paid for by other persons but authorized by:
(A) a candidate;
(B) an authorized political committee of a candidate; or
(C) the committee's agents;
the communication must clearly state that the communication is paid for by the other
persons and authorized by the authorized political committee.
(3) If the communication is not authorized by:

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 (A) a candidate;
(B) an authorized political committee of a candidate; or
(C) the committee's agents;
the communication must clearly state the name of the person who paid for the
communication and state that the communication is not authorized by any candidate or
candidate's committee.
(4) If the communication is a solicitation directed to the general public on behalf of a
political committee that is not a candidate's committee, the solicitation must clearly
state the full name of the person who paid for the communication.
(i) A communication by a regular party committee consisting of:
(1) a printed slate card, a sample ballot, or other printed listing of three (3) or more
candidates for public office at an election;
(2) campaign materials such as handbills, brochures, posters, party tabloids or
newsletters, and yard signs distributed by volunteers and used by the regular party
committee in connection with volunteer activities on behalf of any nominee of the
party; or
(3) materials distributed by volunteers as part of the regular party's voter registration
or get-out-the-vote efforts;
must clearly state the name of the person who paid for the communication but is not required
to state that the communication is authorized by any candidate or committee.
As added by P.L.3-1997, SEC.183. Amended by P.L.38-1999, SEC.31; P.L.176-1999,
SEC.42; P.L.225-2011, SEC.42.

IC 3-9-3-3 Repealed
[Pre-1986 Recodification Citation: 3-4-4-3.]
As added by P.L.5-1986, SEC.5. Amended by P.L.5-1989, SEC.31. Repealed by P.L.3-1997,
SEC.475.

IC 3-9-3-4 Permitted uses of money contributions

Sec. 4. (a) Money received by a candidate or committee as a contribution may be used
only:
(1) to defray any expense reasonably related to the person's or committee's:
(A) campaign for federal, state, legislative, or local office;
(B) continuing political activity; or
(C) activity related to service in an elected office;
(2) to make an expenditure to any national, state, or local committee of any political
party or another candidate's committee; or
(3) upon dissolution of a committee, in a manner permitted under IC 3-9-1-12.
(b) Money received by a candidate or committee as a contribution may not be used for
primarily personal purposes by the candidate or by any other person except as described in
subsection (a).
(c) Money received as a contribution may be invested by a committee in an account with
a financial institution, savings association, or credit union, or in any equity account. Any loss
resulting from an investment under this subsection must be reported as a committee
expenditure. Any gain resulting from an investment under this subsection must be reported
as income.
As added by P.L.13-1987, SEC.2. Amended by P.L.3-1993, SEC.87; P.L.3-1995, SEC.70;
P.L.79-1998, SEC.1.

IC 3-9-3-5 False representation as office holder in campaign materials

Sec. 5. (a) This section does not apply to the following:
(1) A communication relating to an election to a federal office.
(2) A person whose sole act is, in the normal course of business, participating in the

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 preparation, printing, distribution, or broadcast of the advertising or material containing
the false representation.
(b) As used in this section, "officeholder" refers to a person who holds an elected office.
(c) A person may not knowingly or intentionally authorize, finance, sponsor, or participate
in the preparation, distribution, or broadcast of paid political advertising or campaign
material that falsely represents that a candidate in any election is or has been an officeholder.
As added by P.L.66-2003, SEC.21.

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IC 3-9-4 Chapter 4. Administration by Election Division and County
Election Boards

3-9-4-1 Application of chapter

3-9-4-2 Forms
3-9-4-3 Information manual
3-9-4-4 Filing, coding, and cross-indexing system; computer system; standardized
software program; electronic submission
3-9-4-4.5 Electronic filing of local campaign finance reports
3-9-4-5 Reports and statements; public inspection and copying; sale of information
copied
3-9-4-6 Preservation of reports and statements
3-9-4-7 List of statements
3-9-4-8 Annual report
3-9-4-9 Annual compilations
3-9-4-10 Special reports
3-9-4-11 Miscellaneous reports
3-9-4-12 Repealed
3-9-4-13 Audits; investigations
3-9-4-14 Examination of statements of organization or reports; campaign finance
reports
3-9-4-15 Hearings
3-9-4-16 Civil penalties; election commission
3-9-4-17 Civil penalties imposed by county election board; procedure; disposition of
penalties collected
3-9-4-18 Delinquent or defective report
3-9-4-19 Waiver or reduction of civil penalty
3-9-4-20 Settlement agreement to pay proposed civil penalty

IC 3-9-4-1 Application of chapter

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to candidates in all
elections and caucuses and to the following types of committees:
(1) Candidate's committees.
(2) Regular party committees.
(3) Political action committees.
(4) A legislative caucus committee.
(b) This chapter does not apply to the following:
(1) A candidate for a local office for which the compensation is less than five thousand
dollars ($5,000) per year unless the candidate is required to file a written instrument
designating a principal committee under IC 3-9-1-5.5.
(2) Elections for precinct committeeman or delegate to a state convention.
(3) A candidate for a school board office unless the candidate is required to file a
written instrument designating a principal committee under IC 3-9-1-5.5.
(4) An auxiliary party organization.
[Pre-1986 Recodification Citation: 3-4-1-1 part.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.146; P.L.3-1993, SEC.88;
P.L.3-1995, SEC.71; P.L.3-1997, SEC.184; P.L.26-2000, SEC.13.

IC 3-9-4-2 Forms
Sec. 2. The election division shall prescribe and furnish forms for making the reports and
statements required to be filed under this article.
[Pre-1986 Recodification Citation: 3-4-5-1.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.97; P.L.3-1997, SEC.185;
P.L.169-2015, SEC.72.

IC 3-9-4-3 Information manual

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 Sec. 3. The commission shall prepare, publish, and furnish to candidates and all interested
persons on request a manual setting forth recommended uniform methods of bookkeeping
and reporting and shall summarize all the requirements of this article.
[Pre-1986 Recodification Citation: 3-4-5-2.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.98.

IC 3-9-4-4 Filing, coding, and cross-indexing system; computer system;

standardized software program; electronic submission
Sec. 4. (a) The election division shall develop a filing and coding system consistent with
the purposes of this article. The election division and each county election board shall use
the filing and coding system. The coding system must provide:
(1) not more than ten (10) codes to account for various campaign expenditure items;
and
(2) a clear explanation of the kinds of expenditure items that must be accounted for
under each code.
(b) The election division shall develop and use a computer system to store campaign
finance reports required to be filed under IC 3-9-5-6, IC 3-9-5-10, and IC 3-9-5-20.1. The
computer system must enable the election division to do the following:
(1) Identify all candidates or committees that received contributions from a contributor
over the past three (3) years.
(2) Identify all contributors to a candidate or committee over the past three (3) years.
(3) Provide for electronic submission, retrieval, storage, and disclosure of campaign
finance reports of candidates for the following:
(A) Legislative office.
(B) State office.
The election division shall provide training at no cost to candidates to enable
candidates described in this subdivision to file campaign finance reports electronically.
(c) The election division shall notify each candidate's committee that the election division
will provide at the committee's request at no cost a standardized software program to permit
the committee to install the software on a computer and generate an electronic version of the
reports and statements required to be filed with the election division under this article.
However, the election division is not required to provide or alter the software program to
make the program compatible for installation or operation on a specific computer.
(d) This subsection applies to the following committees:
(1) A committee for a candidate seeking election to a state office.
(2) A committee for a candidate seeking election to a legislative office.
(3) A political action committee that has received more than fifty thousand dollars
($50,000) in contributions since the close of the previous reporting period.
The committee must file electronically the report or statement required under this article with
the election division using a standardized software program supplied to the committee
without charge under subsection (c) or another format approved by the election division. An
electronic filing approved by the election division under this subsection may not require
manual reentry into a computer system of the data contained in the report or statement in
order to make the data available to the general public under subsection (g).
(e) This subsection applies to an electronic submission under subsection (b)(3). An
electronic submission must be in a format previously approved by the election division that
permits the election division to print out a hard copy of the report after the receipt of the
electronic submission from the candidate. Filing of a report occurs under IC 3-5-2-24.5 on
the date and at the time electronically recorded by the election division's computer system.
If a discrepancy exists between the text of the electronic submission and the printed report,
the text of the printed report prevails until an amendment is filed under this article to correct
the discrepancy.
(f) The election division is not required to accept an electronic submission unless the

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submission complies with subsection (b)(3). Upon receiving approval from the commission,
the election division may accept an electronic submission from candidates, committees, or
persons described in subsection (b)(3).
(g) The election division shall make campaign finance reports stored on the computer
system under subsection (b) available to the general public through an on-line service.
[Pre-1986 Recodification Citation: 3-4-5-3.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.99; P.L.4-1996, SEC.33;
P.L.3-1997, SEC.186; P.L.176-1999, SEC.43; P.L.126-2002, SEC.34; P.L.45-2003, SEC.1;
P.L.221-2005, SEC.19; P.L.164-2006, SEC.61; P.L.169-2015, SEC.73; P.L.91-2019, SEC.1.

IC 3-9-4-4.5 Electronic filing of local campaign finance reports

Sec. 4.5. (a) As used in this section, "board" refers to either of the following:
(1) A county election board.
(2) A board of elections and registration.
(b) A board may establish a system for electronic filing of reports required to be filed by
a candidate or committee under this article.
(c) If a board provides for electronic filing of reports, the board may not require a
candidate or a committee to file its reports using the system established under this section.
As added by P.L.24-2020, SEC.1.

IC 3-9-4-5 Reports and statements; public inspection and copying; sale of

information copied
Sec. 5. (a) The election division and each county election board shall make the reports
and statements filed with them available for public inspection and copying, commencing as
soon as practicable but not later than the end of the second business day following the day
during which they were received.
(b) The election division and the county election boards shall also permit copying of a
report or statement by hand or by duplicating machine, as requested, at the expense of the
person and subject to IC 5-14-3-8. Inspection and copying of records contained on the
computer system described in section 4(b) of this chapter are subject to IC 5-14-3.
(c) A person may not sell information copied from reports and statements under this
section or use it for a commercial purpose. However, this restriction does not apply to a
newspaper, magazine, book, or other communication with a principal purpose other than
communicating contributor information:
(1) to solicit contributions; or
(2) for other commercial purposes.
[Pre-1986 Recodification Citation: 3-4-5-4.]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.70; P.L.8-1992, SEC.9;
P.L.2-1996, SEC.100; P.L.4-1996, SEC.34; P.L.3-1997, SEC.187.

IC 3-9-4-6 Preservation of reports and statements

Sec. 6. (a) Except as provided in subsections (b) and (c), the election division and each
county election board shall preserve reports and statements for four (4) years from December
1 following the election to which they pertain, unless the records are in litigation.
(b) This subsection applies to reports and statements filed by a person that seeks to
influence the election or retention of an individual to an office with a term of more than four
(4) years. The election division and each county election board shall preserve the reports and
statements subject to this subsection until the final December 1 before the expiration of the
term for the office, unless the records are in litigation.
(c) If a report is a duplicate of a report required to be filed under the federal Election
Campaign Act (52 U.S.C. 30101 et seq.), the report may be discarded on January 1 of the
second year after the report was filed.
[Pre-1986 Recodification Citation: 3-4-5-5.]

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As added by P.L.5-1986, SEC.5. Amended by P.L.3-1995, SEC.72; P.L.2-1996, SEC.101;
P.L.3-1997, SEC.188; P.L.66-2003, SEC.22; P.L.128-2015, SEC.147.

IC 3-9-4-7 List of statements

Sec. 7. The election division and each county election board shall compile and maintain
a current list of all statements or parts of statements pertaining to each candidate, committee,
and public question.
[Pre-1986 Recodification Citation: 3-4-5-6.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.102; P.L.3-1997, SEC.189.

IC 3-9-4-8 Annual report

Sec. 8. (a) The election division shall prepare and make available to the public an annual
report including compilations of total reported contributions and expenditures for all
candidates, committees, and other persons during the year.
(b) Each county election board may prepare an annual report that includes compilations
of total reported contributions and expenditures for all candidates, committees, and other
persons within the county during the year.
[Pre-1986 Recodification Citation: 3-4-5-7(a).]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.147; P.L.2-1996, SEC.103;
P.L.3-1997, SEC.190.

IC 3-9-4-9 Annual compilations

Sec. 9. The election division and each county election board may prepare and publish
annual compilations of:
(1) total amounts expended according to categories it determines and broken down into:
(A) candidate;
(B) party;
(C) legislative caucus committee; and
(D) political action committee;
expenditures on the state, legislative, and local levels;
(2) total amounts expended for influencing nominations and elections stated separately;
and
(3) total amounts contributed according to categories of amounts it determines and
broken down into contributions on the state, legislative, and local levels for candidates
and committees.
[Pre-1986 Recodification Citation: 3-4-5-7(b).]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.104; P.L.3-1997, SEC.191.

IC 3-9-4-10 Special reports

Sec. 10. The election division and each county election board may prepare and publish
special reports from time to time comparing the various totals and categories of contributions
and expenditures made with respect to previous elections.
[Pre-1986 Recodification Citation: 3-4-5-8.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.105; P.L.3-1997, SEC.192.

IC 3-9-4-11 Miscellaneous reports

Sec. 11. The election division and each county election board may prepare and publish
other reports they consider appropriate.
[Pre-1986 Recodification Citation: 3-4-5-9.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.106; P.L.3-1997, SEC.193.

IC 3-9-4-12 Repealed
[Pre-1986 Recodification Citation: 3-4-5-10.]

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As added by P.L.5-1986, SEC.5. Repealed by P.L.3-1995, SEC.157.

IC 3-9-4-13 Audits; investigations

Sec. 13. The election division and each county election board shall make audits and field
investigations from time to time with respect to reports and statements filed under this article
and with respect to an alleged failure to file a report or statement required under this article.
The election division may request the state board of accounts to assist in the performance of
audits the election division considers necessary, and the state board of accounts may perform
the audits that are requested.
[Pre-1986 Recodification Citation: 3-4-5-11.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.107; P.L.3-1997, SEC.194.

IC 3-9-4-14 Examination of statements of organization or reports;

campaign finance reports
Sec. 14. (a) The election division and each county election board shall do all of the
following:
(1) Ascertain whether candidates, committees, or other persons have:
(A) failed to file statements of organization or reports; or
(B) filed defective statements of organization or reports.
(2) Give the following notices:
(A) To delinquents to file a statement of organization or a report immediately upon
receipt of the notice. A delinquency notice for a report must be given not later than
thirty (30) days after the date the report was required to be filed. The election
division or a county election board may, but is not required to, give delinquency
notices at other times.
(B) To persons filing defective reports to make a supplemental statement or report
correcting all defects not later than noon five (5) calendar days after receipt of the
notice.
(3) Make available for public inspection a list of delinquents and persons who have
failed to file the required supplemental statement or report. The election division and
each county election board shall post a list of delinquents in a public place at or near
the entrance of the commission's or board's respective offices.
(b) The election division shall mail:
(1) to each candidate required to file a campaign finance report with the election
division; and
(2) twenty-one (21) days before the campaign finance reports are due;
a notice that states the date the campaign finance reports are due. The election division is
required to mail notices only to candidates for state offices and legislative offices. A county
election board may, but is not required to, implement this subsection for candidates for local
offices.
(c) Notwithstanding any notice given to a delinquent under subsection (a) or (b), the
delinquent remains liable for a civil penalty in the full amount permitted under this chapter
for failing to file a campaign finance report or statement of organization not later than the
date and time prescribed under this article.
[Pre-1986 Recodification Citation: 3-4-5-12.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1995, SEC.73; P.L.2-1996, SEC.108;
P.L.3-1997, SEC.195; P.L.176-1999, SEC.44; P.L.14-2004, SEC.71; P.L.227-2023, SEC.54.

IC 3-9-4-15 Hearings
Sec. 15. A member of the commission, the co-directors, with the authorization of the
commission, or a member of a county election board may conduct a hearing or an
investigation, take evidence, and report back to the commission or board for its consideration
and action.

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 [Pre-1986 Recodification Citation: 3-4-5-17.]
As added by P.L.5-1986, SEC.5. Amended by P.L.8-1995, SEC.37.

IC 3-9-4-16 Civil penalties; election commission

Sec. 16. (a) In addition to any other penalty imposed, a person who does any of the
following is subject to a civil penalty under this section:
(1) Fails to file with the election division a report in the manner required under
IC 3-9-5.
(2) Fails to file a statement of organization required under IC 3-9-1.
(3) Is a committee or a member of a committee who disburses or expends money or
other property for any political purpose before the money or other property has passed
through the hands of the treasurer of the committee.
(4) Makes a contribution other than to a committee subject to this article or to a person
authorized by law or a committee to receive contributions on the committee's behalf.
(5) Is a corporation or labor organization that exceeds any of the limitations on
contributions prescribed by IC 3-9-2-4.
(6) Makes a contribution in the name of another person.
(7) Accepts a contribution made by one (1) person in the name of another person.
(8) Is not the treasurer of a committee subject to this article, and pays any expenses of
an election or a caucus except as authorized by this article.
(9) Commingles the funds of a committee with the personal funds of an officer, a
member, or an associate of the committee.
(10) Wrongfully uses campaign contributions in violation of IC 3-9-3-4.
(11) Violates IC 3-9-2-12.
(12) Fails to designate a contribution as required by IC 3-9-2-5(c).
(13) Violates IC 3-9-3-5.
(14) Serves as a treasurer of a committee in violation of any of the following:
(A) IC 3-9-1-13(1).
(B) IC 3-9-1-13(2).
(C) IC 3-9-1-18.
(15) Fails to comply with section 4(d) of this chapter.
(16) Violates IC 3-9-3-2.5 by making a communication that contains a disclaimer that
is not presented in a clear and conspicuous manner required by IC 3-9-3-2.5(d) and
IC 3-9-3-2.5(e). This subdivision does not apply to a person whose sole act is, in the
normal course of business, participating in the preparation, printing, distribution, or
broadcast of the communication containing the disclaimer.
(b) This subsection applies to a person who is subject to a civil penalty under subsection
(a)(1) or (a)(2) for filing a defective report or statement. If the commission determines that
a person failed to file the amended report or statement of organization not later than noon
five (5) days after being given notice under section 14 of this chapter, the commission may
assess a civil penalty. The penalty is ten dollars ($10) for each day the report is late after the
expiration of the five (5) day period, not to exceed one hundred dollars ($100) plus any
investigative costs incurred and documented by the election division. The civil penalty limit
under this subsection applies to each report separately.
(c) This subsection applies to a person who is subject to a civil penalty under subsection
(a)(1) or (a)(2) for a delinquent report or statement. If the commission determines that a
person failed to file the report or statement of organization by the deadline prescribed under
this article, the commission shall assess a civil penalty. The penalty is fifty dollars ($50) for
each day the report or statement is late, with the afternoon of the final date for filing the
report or statement being calculated as the first day. The civil penalty under this subsection
may not exceed one thousand dollars ($1,000) plus any investigative costs incurred and
documented by the election division. The civil penalty limit under this subsection applies to
each report separately.

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 (d) This subsection applies to a person who is subject to a civil penalty under subsection
(a)(3), (a)(4), (a)(6), (a)(7), (a)(8), (a)(9), or (a)(10). If the commission determines that a
person is subject to a civil penalty under subsection (a), the commission may assess a civil
penalty of not more than one thousand dollars ($1,000), plus any investigative costs incurred
and documented by the election division.
(e) This subsection applies to a person who is subject to a civil penalty under subsection
(a)(5). If the commission determines that a person is subject to a civil penalty under
subsection (a)(5), the commission may assess a civil penalty of not more than three (3) times
the amount of the contribution in excess of the limit prescribed by IC 3-9-2-4, plus any
investigative costs incurred and documented by the election division.
(f) This subsection applies to a person who is subject to a civil penalty under subsection
(a)(11). If the commission determines that a candidate or the candidate's committee has
violated IC 3-9-2-12, the commission shall assess a civil penalty equal to the greater of the
following, plus any investigative costs incurred and documented by the election division:
(1) Two (2) times the amount of any contributions received.
(2) One thousand dollars ($1,000).
(g) This subsection applies to a person who is subject to a civil penalty under subsection
(a)(12). If the commission determines that a corporation or a labor organization has failed
to designate a contribution in violation of IC 3-9-2-5(c), the commission shall assess a civil
penalty equal to the greater of the following, plus any investigative costs incurred and
documented by the election division:
(1) Two (2) times the amount of the contributions undesignated.
(2) One thousand dollars ($1,000).
(h) This subsection applies to a person who is subject to a civil penalty under subsection
(a)(13). If the commission determines, by unanimous vote of the entire membership of the
commission, that a person has violated IC 3-9-3-5, the commission may assess a civil penalty
of not more than five hundred dollars ($500), plus any investigative costs incurred and
documented by the election division.
(i) This subsection applies to a person who is subject to a civil penalty under subsection
(a)(14). If the commission determines, by unanimous vote of the entire membership of the
commission, that a person has served as the treasurer of a committee in violation of any of
the statutes listed in subsection (a)(14), the commission may assess a civil penalty of not
more than five hundred dollars ($500), plus any investigative costs incurred and documented
by the election division.
(j) This subsection applies to a person who is subject to a civil penalty under subsection
(a)(15). The commission may assess a civil penalty equal to the costs incurred by the election
division for the manual entry of the data contained in the report or statement, plus any
investigative costs incurred and documented by the election division.
(k) This subsection applies to a person who is subject to a civil penalty under subsection
(a)(16). If the commission determines that a person is subject to a civil penalty under
subsection (a)(16), the commission may assess a civil penalty of not more than one thousand
dollars ($1,000) for each communication circulated or published (but not for each of the
copies of the communication actually circulated or published), plus any investigative costs
incurred and documented by the election division.
(l) All civil penalties collected under this section shall be deposited with the treasurer of
state in the campaign finance enforcement account.
(m) Proceedings of the commission under this section are subject to IC 4-21.5.
As added by P.L.3-1993, SEC.89. Amended by P.L.3-1995, SEC.74; P.L.2-1996, SEC.109;
P.L.4-1996, SEC.35; P.L.3-1997, SEC.196; P.L.66-2003, SEC.23; P.L.14-2004, SEC.72;
P.L.221-2005, SEC.20; P.L.225-2011, SEC.43.

IC 3-9-4-17 Civil penalties imposed by county election board; procedure;

disposition of penalties collected

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 Sec. 17. (a) In addition to any other penalty imposed, a person who does any of the
following is subject to a civil penalty under this section:
(1) Fails to file with a county election board a report in the manner required under
IC 3-9-5.
(2) Fails to file a statement of organization required under IC 3-9-1.
(3) Is a committee or a member of a committee who disburses or expends money or
other property for any political purpose before the money or other property has passed
through the hands of the treasurer of the committee.
(4) Makes a contribution other than to a committee subject to this article or to a person
authorized by law or a committee to receive contributions in the committee's behalf.
(5) Is a corporation or labor organization that exceeds any of the limitations on
contributions prescribed by IC 3-9-2-4.
(6) Makes a contribution in the name of another person.
(7) Accepts a contribution made by one (1) person in the name of another person.
(8) Is not the treasurer of a committee subject to this article, and pays any expenses of
an election or a caucus except as authorized by this article.
(9) Commingles the funds of a committee with the personal funds of an officer, a
member, or an associate of the committee.
(10) Wrongfully uses campaign contributions in violation of IC 3-9-3-4.
(11) Fails to designate a contribution as required by IC 3-9-2-5(c).
(12) Violates IC 3-9-3-5.
(13) Serves as a treasurer of a committee in violation of any of the following:
(A) IC 3-9-1-13(1).
(B) IC 3-9-1-13(2).
(C) IC 3-9-1-18.
(14) Violates IC 3-9-3-2.5 by making a communication that contains a disclaimer that
is not presented in a clear and conspicuous manner, as required by IC 3-9-3-2.5(d) and
IC 3-9-3-2.5(e). This subdivision does not apply to a person whose sole act is, in the
normal course of business, participating in the preparation, printing, distribution, or
broadcast of the communication containing the disclaimer.
(b) This subsection applies to a person who is subject to a civil penalty under subsection
(a)(1) or (a)(2) for filing a defective report or statement. If the county election board
determines that a person failed to file the report or a statement of organization not later than
noon five (5) days after being given notice under section 14 of this chapter, the county
election board may assess a civil penalty. The penalty is ten dollars ($10) for each day the
report is late after the expiration of the five (5) day period, not to exceed one hundred dollars
($100) plus any investigative costs incurred and documented by the board. The civil penalty
limit under this subsection applies to each report separately.
(c) This subsection applies to a person who is subject to a civil penalty under subsection
(a)(1) or (a)(2) for a delinquent report or statement. If the county election board determines
that a person failed to file the report or statement of organization by the deadline prescribed
under this article, the board shall assess a civil penalty. The penalty is fifty dollars ($50) for
each day the report is late, with the afternoon of the final date for filing the report or
statement being calculated as the first day. The civil penalty under this subsection may not
exceed one thousand dollars ($1,000) plus any investigative costs incurred and documented
by the board. The civil penalty limit under this subsection applies to each report separately.
(d) This subsection applies to a person who is subject to a civil penalty under subsection
(a)(3), (a)(4), (a)(6), (a)(7), (a)(8), (a)(9), or (a)(10). If the county election board determines
that a person is subject to a civil penalty under subsection (a), the board may assess a civil
penalty of not more than one thousand dollars ($1,000), plus any investigative costs incurred
and documented by the board.
(e) This subsection applies to a person who is subject to a civil penalty under subsection
(a)(5). If the county election board determines that a person is subject to a civil penalty under

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subsection (a)(5), the board may assess a civil penalty of not more than three (3) times the
amount of the contribution in excess of the limit prescribed by IC 3-9-2-4, plus any
investigative costs incurred and documented by the board.
(f) This subsection applies to a person who is subject to a civil penalty under subsection
(a)(11). If the county election board determines that a corporation or a labor organization has
failed to designate a contribution in violation of IC 3-9-2-5(c), the board shall assess a civil
penalty equal to the greater of the following, plus any investigative costs incurred and
documented by the board:
(1) Two (2) times the amount of the contributions undesignated.
(2) One thousand dollars ($1,000).
(g) This subsection applies to a person who is subject to a civil penalty under subsection
(a)(12). If the county election board determines, by unanimous vote of the entire membership
of the board, that a person has violated IC 3-9-3-5, the board may assess a civil penalty of
not more than five hundred dollars ($500), plus any investigative costs incurred and
documented by the board.
(h) This subsection applies to a person who is subject to a civil penalty under subsection
(a)(13). If the county election board determines, by unanimous vote of the entire membership
of the board, that a person has served as the treasurer of a committee in violation of any of
the statutes listed in subsection (a)(13), the board may assess a civil penalty of not more than
five hundred dollars ($500), plus any investigative costs incurred and documented by the
board.
(i) This subsection applies to a person who is subject to a civil penalty under subsection
(a)(14). If the board determines that a person is subject to a civil penalty under subsection
(a)(14), the board may assess a civil penalty of not more than one thousand dollars ($1,000)
for each communication circulated or published (but not for each of the copies of the
communication actually circulated or published), plus any investigative costs incurred and
documented by the election division.
(j) All civil penalties collected under this section shall be deposited with the county
treasurer to be deposited by the county treasurer in a separate account. The funds in the
account are available, with the approval of the county fiscal body, to augment and
supplement the funds appropriated for the administration of this title in the county.
(k) Money in the account established under subsection (j) does not revert to the county
general fund at the end of a county fiscal year.
(l) Proceedings of the county election board under this section are subject to IC 4-21.5.
As added by P.L.3-1993, SEC.90. Amended by P.L.3-1995, SEC.75; P.L.3-1997, SEC.197;
P.L.66-2003, SEC.24; P.L.14-2004, SEC.73; P.L.225-2011, SEC.44; P.L.169-2015, SEC.74.

IC 3-9-4-18 Delinquent or defective report

Sec. 18. (a) As used in this section, "delinquent or defective report" refers to a campaign
finance report or statement of organization:
(1) that was required to be filed under IC 3-9-5 but was not filed in the manner required
under IC 3-9-5; and
(2) for which a person was assessed a civil penalty under section 16 or 17 of this
chapter.
(b) As used in this section, "election board" refers to the following:
(1) The commission if a civil penalty was assessed under section 16 of this chapter.
(2) The county election board if a civil penalty was assessed under section 17 of this
chapter.
(c) As used in this section, "person" refers to a person who:
(1) has been assessed a civil penalty under section 16 or 17 of this chapter; and
(2) has filed a declaration of candidacy, a petition of nomination, or a declaration of
intent to be a write-in candidate in a subsequent election or for whom a certificate of
nomination has been filed.

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 (d) A person who does both of the following is relieved from further civil liability under
this chapter for the delinquent or defective report:
(1) Files the delinquent report or amends the defective report from the previous
candidacy:
(A) before filing a report required under IC 3-9-5-6; or
(B) at the same time the person files the report required under IC 3-9-5-6;
for a subsequent candidacy.
(2) Pays all civil penalties assessed under section 16 or 17 of this chapter for the
delinquent report.
(e) This subsection applies to a person who:
(1) is assessed a civil penalty under this chapter; and
(2) is elected to office in the subsequent election.
The election board may order the auditor of state or the fiscal officer of the political
subdivision responsible for issuing the person's payment for serving in office to withhold
from the person's paycheck the amount of the civil penalty assessed under this chapter. If the
amount of the paycheck is less than the amount of the civil penalty, the auditor or fiscal
officer shall continue withholding money from the person's paycheck until an amount equal
to the amount of the civil penalty has been withheld.
(f) The auditor of state or fiscal officer shall deposit an amount paid, recovered, or
withheld under this section in the election board's campaign finance enforcement account.
(g) Proceedings of the election board under this section are subject to IC 4-21.5.
As added by P.L.3-1993, SEC.91. Amended by P.L.3-1995, SEC.76; P.L.2-1996, SEC.110;
P.L.3-1997, SEC.198; P.L.176-1999, SEC.45.

IC 3-9-4-19 Waiver or reduction of civil penalty

Sec. 19. Notwithstanding section 16 or 17 of this chapter, if upon the unanimous vote of
its entire membership, the commission or a county election board finds that imposition of a
civil penalty required to be imposed would be unjust under the circumstances, the
commission or board may do either of the following:
(1) Waive the penalty.
(2) Reduce the penalty to an amount specified by the commission or the board.
As added by P.L.3-1997, SEC.199.

IC 3-9-4-20 Settlement agreement to pay proposed civil penalty

Sec. 20. (a) Notwithstanding section 16 of this chapter, if a person is notified by the
election division that the commission may assess a proposed civil penalty under this article
against the person, the person may enter into an agreement with the election division to pay
the proposed penalty and waive a hearing before the commission otherwise required under
section 16 of this chapter.
(b) An agreement entered into under this section must:
(1) provide for the payment of the entire proposed civil penalty not later than the date
of the execution of the agreement; and
(2) be presented to the commission by the election division for ratification at the
commission's next regularly scheduled meeting.
As added by P.L.221-2005, SEC.21.

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IC 3-9-5 Chapter 5. Reports Required of Candidates and Committees

3-9-5-1 Application of chapter

3-9-5-2 Persons required to file with election division
3-9-5-3 Candidates for legislative office; circuit court clerk shall provide copies of
report, notice, or other instrument from state web site upon request; charges
for copies
3-9-5-4 Persons required to file with county election board
3-9-5-5 Receipts and expenditures; forms
3-9-5-6 Time for completion of reports
3-9-5-7 Delivering reports; filing deadline
3-9-5-8 Report of candidate other than candidate for state office who becomes
candidate less than 25 days before convention
3-9-5-8.2 Candidates nominated by petition
3-9-5-8.4 Candidate who files declaration of intent to be write-in candidate
3-9-5-8.5 Candidate selected to fill vacancy
3-9-5-9 Off-year reports; pre-election reports; filing reports when municipal primary
or election not conducted
3-9-5-10 Annual report of treasurer
3-9-5-11 Disbandment of committee; final report
3-9-5-12 Outgoing treasurer; final report; filing of report by the chair of committee
under certain circumstances
3-9-5-13 Filing duplicate federal reports
3-9-5-14 Committee treasurer's report
3-9-5-15 Contributions and expenditures made on behalf of candidates; reports
3-9-5-16 Cumulative reports
3-9-5-17 Repealed
3-9-5-18 Candidate's statement
3-9-5-19 Repealed
3-9-5-20 Repealed
3-9-5-20.1 Supplemental large contribution report of candidates other than candidates for
state office
3-9-5-21 Repealed
3-9-5-22 Supplemental large contribution report of candidates for state office

IC 3-9-5-1 Application of chapter

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to candidates in all
elections and caucuses and to the following types of committees:
(1) Candidate's committees.
(2) Regular party committees.
(3) Political action committees.
(4) A legislative caucus committee.
(b) This chapter does not apply to the following:
(1) A candidate for a local office for which the compensation is less than five thousand
dollars ($5,000) per year unless the candidate is required to file a written instrument
designating a principal committee under IC 3-9-1-5.5.
(2) A candidate for school board office unless the candidate is required to file a written
instrument designating a principal committee under IC 3-9-1-5.5.
(3) Elections for precinct committeeman or delegate to a state convention.
(4) An auxiliary party organization.
[Pre-1986 Recodification Citation: 3-4-1-1 part.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.148; P.L.4-1991, SEC.49;
P.L.3-1995, SEC.77; P.L.3-1997, SEC.200; P.L.26-2000, SEC.14.

IC 3-9-5-2 Persons required to file with election division

Sec. 2. The following persons, whenever required to file a report, notice, or other
instrument by this article, shall file it with the election division:

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 (1) Candidates for state office and their candidate's committees.
(2) The following central committees:
(A) State committees.
(B) Congressional district committees.
(3) Other regular party committees that propose to influence the election of a candidate
for state or legislative office or the outcome of a public question for or against which
the electorate of the whole state may vote.
(4) Political action committees that propose to influence the election of a candidate for
state or legislative office or the outcome of a public question for or against which the
electorate of the whole state may vote.
(5) Legislative caucus committees.
[Pre-1986 Recodification Citation: 3-4-6-1 part.]
As added by P.L.5-1986, SEC.5. Amended by P.L.8-1992, SEC.10; P.L.2-1996, SEC.111;
P.L.3-1997, SEC.201.

IC 3-9-5-3 Candidates for legislative office; circuit court clerk shall

provide copies of report, notice, or other instrument from state
web site upon request; charges for copies
Sec. 3. (a) A candidate for legislative office and the candidate's committee shall file each
report, notice, or other instrument required by this article with the election division.
(b) The circuit court clerk shall, at the request of any person, furnish the person a copy
of a report, notice, or other instrument required by this article for a candidate for a legislative
office from electronic records maintained on the secretary of state's or election division's web
site. The circuit court clerk shall charge for a copy of records furnished under this subsection
as provided in IC 5-14-3.
[Pre-1986 Recodification Citation: 3-4-6-1 part.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.112; P.L.3-1997, SEC.202;
P.L.58-2010, SEC.32.

IC 3-9-5-4 Persons required to file with county election board

Sec. 4. The following persons, whenever required to file a report, notice, or other
instrument by this article, shall file it with the county election board of each county
comprising part of the affected election district:
(1) Candidates for local office and their candidate's committees.
(2) Regular party committees that are not required to file with the election division.
(3) Political action committees that are not required to file with the election division.
[Pre-1986 Recodification Citation: 3-4-6-1 part.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.113; P.L.3-1997, SEC.203.

IC 3-9-5-5 Receipts and expenditures; forms

Sec. 5. The treasurer of each committee shall file reports of receipts and expenditures on
forms prescribed or approved by the election division.
[Pre-1986 Recodification Citation: 3-4-6-2.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.114; P.L.169-2015, SEC.75.

IC 3-9-5-6 Time for completion of reports

Sec. 6. (a) This subsection applies to a candidate's committee other than a candidate's
committee of a candidate for a state office. Except as otherwise provided in this chapter, each
committee, the committee's treasurer, and each candidate shall complete a report required by
this chapter current and dated as of the following dates:
(1) Twenty-five (25) days before the nomination date.
(2) Twenty-five (25) days before the general, municipal, or special election.
(3) The annual report filed and dated as required by section 10 of this chapter.

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 (b) This subsection applies to a regular party committee. Except as otherwise provided
in this chapter, each committee and the committee's treasurer shall complete a report required
by this chapter current and dated as of the following dates:
(1) Twenty-five (25) days before a primary election.
(2) Twenty-five (25) days before a general, municipal, or special election.
(3) The date of the annual report filed and dated as required under section 10 of this
chapter.
(c) This subsection applies to a legislative caucus committee. Except as otherwise
provided in this chapter, each committee and the committee's treasurer shall complete a
report required under this chapter current and dated as of the following dates:
(1) Twenty-five (25) days before a primary election conducted in an even-numbered
year.
(2) Twenty-five (25) days before a general election conducted in an even-numbered
year.
(3) The date of the annual report filed and dated as required under section 10 of this
chapter.
A legislative caucus committee is not required to file any report concerning the committee's
activity during an odd-numbered year other than the annual report filed and dated under
section 10 of this chapter.
(d) This subsection applies to a political action committee. Except as otherwise provided
in this chapter, each committee and the committee's treasurer shall complete a report required
by this chapter current and dated as of the following dates:
(1) Twenty-five (25) days before a primary election.
(2) Twenty-five (25) days before a general, municipal, or special election.
(3) The date of the annual report filed and dated as required under section 10 of this
chapter.
(e) This subsection applies to a candidate's committee of a candidate for a state office. A
candidate's committee is not required to file a report under section 8.2, 8.4, or 8.5 of this
chapter. For a year in which an election to the state office is held, the treasurer of a
candidate's committee shall file the following reports:
(1) A report covering the period from January 1 through March 31 of the year of the
report. A report required by this subdivision must be filed not later than noon April 15
of the year covered by the report.
(2) A report covering the period from April 1 through June 30 of the year of the report.
A report required by this subdivision must be filed not later than noon July 15 of the
year covered by the report.
(3) A report covering the period from July 1 through September 30 of the year of the
report. A report required by this subdivision must be filed not later than noon October
15 of the year covered by the report.
(4) A report covering the period from October 1 of the year of the report through the
date that is fifteen (15) days before the date of the election. A report required by this
subdivision must be filed not later than noon seven (7) days before the date of the
election.
(5) A report covering the period from the date that is fourteen (14) days before the date
of the election through December 31 of the year of the report. A report required by this
subdivision must:
(A) provide cumulative totals from January 1 through December 31 of the year of the
report; and
(B) be filed not later than the deadline specified in section 10 of this chapter.
[Pre-1986 Recodification Citation: 3-4-6-3(a).]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.71; P.L.3-1997, SEC.204;
P.L.176-1999, SEC.46; P.L.221-2005, SEC.22; P.L.164-2006, SEC.62.

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IC 3-9-5-7 Delivering reports; filing deadline
Sec. 7. (a) A person may deliver reports to the appropriate office as follows:
(1) By hand.
(2) By mail.
(3) By electronic mail, if the appropriate office has the capacity to do all of the
following:
(A) Receive electronic mail.
(B) Electronically record the date and time that electronic mail is received by the
office.
(C) Print out a hard copy of the report after the receipt of the electronic mail by the
office.
(b) Reports must be filed as follows:
(1) Hand delivered reports or reports transmitted by mail must be filed with the
appropriate office during regular office hours not later than noon seven (7) days after
the date of the report.
(2) Reports delivered by electronic mail must be filed with the appropriate office not
later than noon seven (7) days after the date of the report.
(c) This subsection applies to a report delivered by electronic mail. Filing of a report
occurs under IC 3-5-2-24.5 on the date and at the time electronically recorded by the office's
computer system. If a discrepancy exists between the text of the electronic mail and the
printed report, the text of the printed report prevails until an amendment is filed under this
article to correct the discrepancy.
(d) An office is not required to accept a report or statement required under this article by
facsimile transmission. Upon approval of a policy by the commission or a county election
board to receive reports or statements by facsimile transmission, the election division or the
county election board may accept the facsimile transmission of a report or statement.
[Pre-1986 Recodification Citation: 3-4-6-3(b).]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.149; P.L.3-1997, SEC.205;
P.L.2-1998, SEC.6; P.L.176-1999, SEC.47; P.L.126-2002, SEC.35.

IC 3-9-5-8 Report of candidate other than candidate for state office who
becomes candidate less than 25 days before convention
Sec. 8. (a) This section:
(1) applies to a candidate for nomination to an office in a convention who becomes a
candidate less than twenty-five (25) days before the nomination date for a candidate
chosen at a convention; and
(2) does not apply to a candidate for nomination to a state office by a political party at
a convention conducted under IC 3-8-4.
(b) A candidate is not required to file a report in accordance with section 6(a)(1) of this
chapter. The candidate shall file the candidate's first report not later than noon twenty (20)
days after the nomination date for a candidate chosen at a convention.
(c) The reporting period for the first report required for a candidate begins on the date that
the individual became a candidate and ends on the day following the adjournment of the
convention.
[Pre-1986 Recodification Citation: 3-4-6-3(c).]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.72; P.L.3-1997, SEC.206;
P.L.176-1999, SEC.48; P.L.66-2003, SEC.25; P.L.221-2005, SEC.23; P.L.164-2006,
SEC.63.

IC 3-9-5-8.2 Candidates nominated by petition

Sec. 8.2. (a) This section applies to a candidate who is nominated by petition under
IC 3-8-6.
(b) A candidate is not required to prepare or file a report before the nomination date.

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 (c) The period for the first report required for a candidate begins on the date that the
individual became a candidate and ends fourteen (14) days after the nomination date.
As added by P.L.176-1999, SEC.49.

IC 3-9-5-8.4 Candidate who files declaration of intent to be write-in

candidate
Sec. 8.4. (a) This section applies to a candidate who files a declaration of intent to be a
write-in candidate under IC 3-8-2.
(b) A candidate is not required to prepare or file a report before the nomination date.
(c) The period for the first report required for a candidate begins on the date that the
individual became a candidate and ends fourteen (14) days after the nomination date.
As added by P.L.176-1999, SEC.50.

IC 3-9-5-8.5 Candidate selected to fill vacancy

Sec. 8.5. (a) This section applies to a candidate who is selected to fill a vacancy on the
ballot under IC 3-13-1 or IC 3-13-2.
(b) A candidate is not required to prepare or file a report before the nomination date.
(c) Except as provided in subsection (d), the period for the first report required for a
candidate begins on the date that the individual became a candidate and ends fourteen (14)
days after the nomination date.
(d) This subsection applies to a candidate selected under IC 3-13-2 to fill a vacancy on
the ballot. A candidate is not required to prepare or file a report before or after the
nomination date. The period for the first report required for a candidate begins on the date
that the individual became a candidate and ends December 31 following the election.
As added by P.L.3-1997, SEC.207. Amended by P.L.176-1999, SEC.51.

IC 3-9-5-9 Off-year reports; pre-election reports; filing reports when

municipal primary or election not conducted
Sec. 9. (a) Except as provided in subsections (b) and (c), in a year in which a candidate
is not a candidate for election to an office to which this article applies or does not seek
nomination at a caucus or state convention for election to an office to which this article
applies, the treasurer of the candidate's committee shall file only the report required by
section 10 of this chapter.
(b) This subsection applies to a candidate who holds one (1) office and is a candidate for
a different office (or has filed a statement of organization for an exploratory committee
without indicating that the individual is a candidate for a specific office). The treasurer of the
candidate's committee for the office the candidate holds shall file the following reports:
(1) If the committee spends, transfers in, or transfers out at least ten thousand dollars
($10,000) from January 1 until twenty-five (25) days before the primary election, the
treasurer shall file a preprimary report under section 6 of this chapter.
(2) If the committee spends, transfers in, or transfers out at least ten thousand dollars
($10,000) from twenty-five (25) days before the primary election until twenty-five (25)
days before the general election, the treasurer shall file a pregeneral election report
under section 6 of this chapter.
(3) The report required under section 10 of this chapter.
(c) This subsection applies to a candidate who is required to file a preprimary report or
preconvention report under section 6 of this chapter and who:
(1) is defeated at the primary election or convention; or
(2) withdraws or is disqualified as a candidate before the general election.
The treasurer of a candidate's committee described by this subsection is not required to file
a pregeneral election report under section 6 of this chapter but shall file the report required
by section 10 of this chapter.
(d) This subsection applies to a candidate for election to a city office or a town office. If

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a municipal primary is not conducted in the municipality by one (1) or more parties
authorized to conduct a primary, the candidate must file a report in accordance with the
schedule set forth in section 6 of this chapter as if the primary were conducted. If a municipal
election is not conducted in the municipality, the candidate must file a report in accordance
with section 6 of this chapter as if the municipal election were conducted.
(e) This subsection applies to a candidate's committee of a candidate for a state office. For
a year in which an election to the state office is not held, the treasurer of a candidate's
committee shall file the following reports in addition to any other report required by this
article:
(1) A report covering the period from January 1 through June 30 of the year of the
report. A report required by this subdivision must be filed not later than noon July 15
of the year covered by the report.
(2) A report covering the period from July 1 through December 31 of the year of the
report. A report required by this subdivision must:
(A) provide cumulative totals from January 1 through December 31 of the year of the
report; and
(B) be filed by the deadline specified in section 10 of this chapter.
[Pre-1986 Recodification Citation: 3-4-6-3(d).]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1992, SEC.15; P.L.3-1997, SEC.208;
P.L.199-2001, SEC.17; P.L.14-2004, SEC.74; P.L.221-2005, SEC.24.

IC 3-9-5-10 Annual report of treasurer

Sec. 10. (a) The treasurer of each committee shall file a report each year that is complete
as of December 31 of the previous year and covers the period since the last report. This
annual report is due by noon:
(1) the third Wednesday in January, in the case of:
(A) a candidate's committee;
(B) a legislative caucus committee; or
(C) a political action committee; or
(2) March 1, in the case of a regular party committee.
(b) A candidate's committee of a candidate for a state office that files a report:
(1) under section 6(e)(5) or 9(e)(2) of this chapter; and
(2) by the deadline specified under subsection (a) for filing a candidate's committee
report;
is not required to file an additional report under this section.
[Pre-1986 Recodification Citation: 3-4-6-5.]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.73; P.L.3-1995, SEC.78;
P.L.3-1997, SEC.209; P.L.221-2005, SEC.25.

IC 3-9-5-11 Disbandment of committee; final report

Sec. 11. No later than noon thirty (30) days after the date a committee disbands, the last
person to be treasurer of the committee shall file a final report that is complete as of the last
day the committee existed and covers the period since the last report.
[Pre-1986 Recodification Citation: 3-4-6-6.]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.74.

IC 3-9-5-12 Outgoing treasurer; final report; filing of report by the chair

of committee under certain circumstances
Sec. 12. (a) Not later than noon thirty (30) days after the date a treasurer of a continuing
committee leaves office, the outgoing treasurer shall file a final report that is complete as of
the last day the person was treasurer and covers the period since the last report.
(b) Notwithstanding subsection (a), the chair of a continuing committee shall file a final
report for a treasurer whenever the following occurs:

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 (1) The treasurer dies.
(2) The outgoing treasurer of a continuing committee otherwise cannot make the filing.
[Pre-1986 Recodification Citation: 3-4-6-7.]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.75; P.L.227-2023, SEC.55.

IC 3-9-5-13 Filing duplicate federal reports

Sec. 13. (a) A person may file duplicates of the reports required to be filed under the
Federal Election Campaign Act (52 U.S.C. 30101 et seq.) to comply with this chapter.
(b) The duplicate must cover all activity of the committee, and the committee shall file
a supplementary report as directed by the election division to provide information required
by this article but not included in the federal report.
(c) Each candidate for United States Senator or United States Representative and the
treasurer of the candidate's committee may file with the election division duplicates of the
reports required by federal law.
(d) If a report is available on the Federal Election Commission's web site, a statement to
that effect is all the person is required to file.
[Pre-1986 Recodification Citation: 3-4-6-8.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.115; P.L.3-1997, SEC.210;
P.L.66-2003, SEC.26; P.L.128-2015, SEC.148.

IC 3-9-5-14 Committee treasurer's report

Sec. 14. (a) As used in this section, "threshold contribution amount" refers to the
following:
(1) For contributions made to a candidate's committee, a legislative caucus committee,
or a political action committee, one hundred dollars ($100).
(2) For contributions made to a regular party committee, two hundred dollars ($200).
(b) The report of each committee's treasurer must disclose the following:
(1) The amount of cash on hand and the value of any investments made by the
committee at the beginning of the reporting period.
(2) The total sum of individual contributions including transfers-in, accepted by the
committee during its reporting period.
(3) The following information regarding each person who has made one (1) or more
contributions within the year, in an aggregate amount that exceeds the threshold
contribution amount in actual value to or for the committee, including the purchase of
tickets for events such as dinners, luncheons, rallies, and similar fundraising events:
(A) The full name of the person.
(B) The full mailing address of the person making the contribution.
(C) The person's occupation, if the person is an individual who has made
contributions to the committee of at least one thousand dollars ($1,000) during the
calendar year.
(D) The date and amount of each contribution.
(4) The name and address of each committee from which the reporting committee
received, or to which that committee made, a transfer of funds, together with the
amounts and dates of all transfers.
(5) If the reporting committee is a candidate's committee, the following information
about each other committee that has reported expenditures to the reporting candidate's
committee under section 15 of this chapter:
(A) The name and address of the other committee.
(B) The amount of expenditures reported by the other committee.
(C) The date of the expenditures reported by the other committee.
(D) The purpose of the expenditures reported by the other committee.
(6) Each loan to or from a person within the reporting period together with the
following information:

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 (A) The full names and mailing addresses of the lender and endorsers, if any.
(B) The person's occupation, if the person is an individual who has made loans of at
least one thousand dollars ($1,000) to the committee during the calendar year.
(C) The date and amount of the loans.
(7) The total sum of all receipts of the committee during the reporting period.
(8) The full name, mailing address, occupation, and principal place of business, if any,
of each person other than a committee to whom an expenditure was made by the
committee or on behalf of the committee within the year in an aggregate amount that:
(A) exceeds one hundred dollars ($100), in the case of a candidate's committee,
legislative caucus committee, or political action committee; or
(B) exceeds two hundred dollars ($200), in the case of a regular party committee.
(9) The name, address, and office sought by each candidate for whom any expenditure
was made or a statement identifying the public question for which any expenditure was
made, including the amount, date, and purpose of each expenditure.
(10) The full name, mailing address, occupation, and principal place of business, if any,
of each person to whom an expenditure for personal services, salaries, or reimbursed
expenses was made within the year in an aggregate amount that:
(A) exceeds one hundred dollars ($100), in the case of a candidate's committee,
legislative caucus committee, or political action committee; or
(B) exceeds two hundred dollars ($200), in the case of a regular party committee;
and that is not otherwise reported, including the amount, date, and purpose of the
expenditure.
(11) The total sum of expenditures made by the committee during the reporting period.
(12) The amount and nature of debts owed by or to the committee, and a continuous
reporting of the debts after the election at the times required under this article until the
debts are extinguished.
(c) If a committee:
(1) obtains a contribution;
(2) determines that the contribution should not be accepted by the committee; and
(3) does not receive and accept the contribution under IC 3-9-1-25(b);
the committee must return the contribution to the person who made the contribution. A
returned contribution is not required to be listed on the report of the committee's treasurer.
However, if the committee receives and deposits the contribution under IC 3-9-1-25(b) and
subsequently determines that the contribution should be refunded, the receipt and refund of
the contribution must be listed on the report of the committee's treasurer.
[Pre-1986 Recodification Citation: 3-4-6-9.]
As added by P.L.5-1986, SEC.5. Amended by P.L.5-1989, SEC.32; P.L.7-1990, SEC.32;
P.L.8-1992, SEC.11; P.L.3-1995, SEC.79; P.L.3-1997, SEC.211; P.L.253-1997(ss), SEC.2;
P.L.176-1999, SEC.52.

IC 3-9-5-15 Contributions and expenditures made on behalf of candidates;

reports
Sec. 15. (a) This section applies to an organization or a committee, other than the
candidate's committee, that receives a contribution or makes an expenditure on behalf of a
candidate.
(b) For purposes of this section, an expenditure is considered to be on behalf of a
candidate if either of the following applies:
(1) The expenditure is made in support of the candidate who is specifically identifiable.
(2) The expenditure is made in opposition to an opponent:
(A) of the candidate; and
(B) who is specifically identifiable.
An expenditure is not considered to be made on behalf of a candidate if the expenditure is
made to inform the members of the organization or for the development of the committee's

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political party.
(c) The treasurer of the committee shall report to the candidate's committee all
information about a contribution received or an expenditure made on behalf of the candidate
that the treasurer of the candidate's committee is required to report about the contribution or
the expenditure if it had been received or made by the candidate's committee.
[Pre-1986 Recodification Citation: 3-4-6-10.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.116; P.L.3-1997, SEC.212.

IC 3-9-5-16 Cumulative reports

Sec. 16. (a) This subsection applies to a candidate's committee of a candidate whose name
does not appear on the ballot at any time during a year and who is not a write-in candidate
during that year. The reports required to be filed by this chapter are cumulative during the
year. If no contributions or expenditures have been accepted or made during a year, the
treasurer of the candidate's committee shall file a statement to that effect.
(b) This subsection applies to a political action committee or a regular party committee.
If a committee has not received or made contributions or expenditures, the committee shall
file a report under section 6 of this chapter stating that no contributions or expenditures have
been received or made.
[Pre-1986 Recodification Citation: 3-4-6-11.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1997, SEC.213; P.L.176-1999, SEC.53.

IC 3-9-5-17 Repealed
[Pre-1986 Recodification Citation: 3-4-6-13.]
As added by P.L.5-1986, SEC.5. Repealed by P.L.3-1993, SEC.282.

IC 3-9-5-18 Candidate's statement

Sec. 18. Each candidate shall file a statement that the candidate has turned over all
contributions received by the candidate to the treasurer of the candidate's principal committee
and that to the best of the candidate's knowledge and belief the reports of the candidate's
committee are complete and accurate.
[Pre-1986 Recodification Citation: 3-4-6-15.]
As added by P.L.5-1986, SEC.5.

IC 3-9-5-19 Repealed
[Pre-1986 Recodification Citation: 3-4-6-16.]
As added by P.L.5-1986, SEC.5. Repealed by P.L.3-1995, SEC.157.

IC 3-9-5-20 Repealed
As added by P.L.3-1997, SEC.214. Repealed by P.L.176-1999, SEC.134.

IC 3-9-5-20.1 Supplemental large contribution report of candidates other

than candidates for state office
Sec. 20.1. (a) This section:
(1) applies only to a large contribution that is received and accepted by a candidate, the
candidate's committee, or the treasurer of the candidate's committee; and
(2) does not apply to a candidate for a state office, the candidate's committee, or the
treasurer of the candidate's committee.
(b) As used in this section, "election" refers to any of the following:
(1) A primary election.
(2) A general election.
(3) A municipal election.
(4) A special election.
(5) For candidates nominated at a state convention, the state convention.

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 (c) As used in this section, "large contribution" means contributions:
(1) that total at least one thousand dollars ($1,000); and
(2) that are received and accepted:
(A) not more than twenty-five (25) days before an election; and
(B) not less than forty-eight (48) hours before an election.
(d) The treasurer of a candidate's committee shall file a supplemental large contribution
report with the election division or a county election board not later than forty-eight (48)
hours after the contribution is received and accepted. A candidate for a legislative office shall
file a report required by this section with the election division and the county election board
as required by section 3 of this chapter. A report filed under this section may be filed by
facsimile (fax) transmission.
(e) A report required by subsection (d) must contain the following information for each
large contribution:
(1) The name of the person making the contribution.
(2) The address of the person making the contribution.
(3) If the person making the contribution is an individual, the individual's occupation.
(4) The total amount of the contribution.
(5) The dates and times the contributions making up the large contribution were
received and accepted by the treasurer, the candidate, or the candidate's committee.
(f) The election division shall prescribe the form for the report required by this section.
As added by P.L.176-1999, SEC.54. Amended by P.L.66-2003, SEC.27; P.L.221-2005,
SEC.26; P.L.169-2015, SEC.76; P.L.227-2023, SEC.56.

IC 3-9-5-21 Repealed
As added by P.L.3-1997, SEC.215. Repealed by P.L.176-1999, SEC.134.

IC 3-9-5-22 Supplemental large contribution report of candidates for state

office
Sec. 22. (a) This section applies only to a large contribution that is received and accepted
by a candidate for a state office, the candidate's committee, or the treasurer of the candidate's
committee.
(b) As used in this section, "election" refers to any of the following:
(1) For a candidate nominated at a primary election, the primary election.
(2) For a candidate nominated at a state convention, the state convention.
(3) A general election.
(c) As used in this section, "large contribution" means either of the following:
(1) Contributions:
(A) that total at least one thousand dollars ($1,000); and
(B) that are received and accepted:
(i) after the end of a reporting period and before the deadline for the candidate's
committee to file a report under section 6 of this chapter; and
(ii) not less than forty-eight (48) hours before an election.
(2) A single contribution that is at least ten thousand dollars ($10,000) that is received
and accepted at any time.
(d) The treasurer of a candidate's committee shall file a supplemental large contribution
report with the election division not later than:
(1) forty-eight (48) hours after a contribution described by subsection (c)(1) is received
and accepted; or
(2) noon seven (7) days after a contribution described by subsection (c)(2) is received
and accepted.
(e) A report filed under this section may be filed by facsimile transmission or as an
electronic report when the requirements of IC 3-9-4 or this chapter have been met. A report
required by subsection (d) must contain the following information for each large

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contribution:
(1) The name of the person making the contribution.
(2) The address of the person making the contribution.
(3) If the person making the contribution is an individual, the individual's occupation.
(4) The total amount of the contribution.
(5) The dates and times the contributions making up the large contribution described
in subsection (c)(1) or a large contribution described in subsection (c)(2) were received
and accepted by the treasurer, the candidate, or the candidate's committee.
(f) The election division shall prescribe the form for the report required by this section.
As added by P.L.221-2005, SEC.27. Amended by P.L.169-2015, SEC.77; P.L.227-2023,
SEC.57.

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IC 3-9-6 Chapter 6. Repealed
[Pre-1986 Recodification Citations:
3-9-6-1 formerly 3-4-1-1 part
3-9-6-2 formerly 3-4-8-2
3-9-6-3 formerly 3-4-8-3(a), (b) part
3-9-6-4 formerly 3-4-8-3(b) part
3-9-6-5 formerly 3-4-8-3(c).]
Repealed by P.L.3-1995, SEC.157.

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IC 3-9-7 Chapter 7. Repealed
[Pre-1986 Recodification Citations:
3-9-7-1 formerly 3-4-1-1 part; 3-4-1-17.5 part
3-9-7-2 formerly 3-4-6-12
3-9-7-3 formerly 3-4-1-16(b).]
Repealed by P.L.10-2019, SEC.3.

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IC 3-10 ARTICLE 10. PROVISIONS GOVERNING CERTAIN
TYPES OF ELECTIONS

Ch. 1. Primary Elections in General Election Years

Ch. 2. General Elections
Ch. 3. State Constitutional Amendments and State Public Questions
Ch. 4. Presidential Elections
Ch. 5. State Conventions Concerning United States Constitutional Amendments
Ch. 6. Municipal and School District Elections in Cities, Large Towns, and Small
Towns in Marion County
Ch. 6.5. Elections in Even-Numbered Years for Towns and Certain Cities
Ch. 7. Municipal Elections in Small Towns Located Outside Marion County
Ch. 8. Special Elections
Ch. 9. Local Public Questions
Ch. 10. Special Procedures for Presidential Elections
Ch. 11. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former
Residence
Ch. 12. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former
Residence Under NVRA

IC 3-10-1 Chapter 1. Primary Elections in General Election Years

3-10-1-1 Application of chapter

3-10-1-2 Political parties required to hold primary election
3-10-1-3 Date of primary
3-10-1-4 Nomination of candidates for certain offices; voting on candidates, election of
delegates, and election of precinct committeeman
3-10-1-4.5 Election of precinct committeemen; service of precinct committeemen after
precinct boundary change
3-10-1-4.6 Election of precinct committeemen of Indiana Republican Party
3-10-1-5 Noncontested races and unopposed candidates
3-10-1-6 Eligible voters
3-10-1-7 Repealed
3-10-1-7.1 Copy of registration record and voter signatures; evidence of right to vote
3-10-1-7.2 Proof of identification; exception; failure to produce; challenge; provisional
ballot
3-10-1-8 Voter name not on registration record, certified copy of registration record, or
electronic poll list; certificate of error; casting provisional ballot
3-10-1-9 Challenging voter
3-10-1-10 Persons entitled to challenge voter
3-10-1-10.5 Challenged voter entitled to cast provisional ballot; exception
3-10-1-11 Voting methods, supplies, and equipment
3-10-1-12 Preparation and distribution of ballots
3-10-1-13 Specifications for ballots
3-10-1-14 Repealed
3-10-1-14.1 Printing names on ballot
3-10-1-15 Separate ticket for each political party; placement of names under office
designation
3-10-1-16 Number of candidates for whom each person may vote
3-10-1-17 Colored ballot labels; party designation
3-10-1-18 Candidates ordered alphabetically by surname; exception for certain counties
3-10-1-19 Form of ballot and public questions; order of offices and public questions on
ballot
3-10-1-19.2 Order of districts and candidates on ballot
3-10-1-19.5 Alternative order of county offices
3-10-1-19.7 Certain information not required on ballot
3-10-1-20 Repealed
3-10-1-21 Sample ballots
3-10-1-22 Repealed
3-10-1-23 Voting systems in county having a city

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 3-10-1-24 Voter information verification; change of address within precinct; transfer of
registration
3-10-1-24.5 Repealed
3-10-1-24.6 Voter identity check; comparison of signatures
3-10-1-25 Paper ballots or ballot card system; procedures
3-10-1-26 Paper ballots; folding; delivery to inspector
3-10-1-27 Party identification card receipt; voting time limits
3-10-1-28 Depositing and counting party identification cards
3-10-1-28.5 Ballot card voting system; procedures
3-10-1-29 Canvass of votes
3-10-1-30 Mutilated and unvoted ballots or ballot cards; counting, sealing and labeling
3-10-1-31 Repealed
3-10-1-31.1 Applicability; delivery, retention, and disposal of election materials; retention
period; use of election materials to update voter registration record;
confidentiality of materials
3-10-1-31.2 Update of registration record; time
3-10-1-31.3 Voter political party not recorded at primary election; how recorded on voter's
registration record
3-10-1-32 Returns
3-10-1-33 Repealed
3-10-1-34 Canvass of votes by election division
3-10-1-35 Publication of notices

IC 3-10-1-1 Application of chapter

Sec. 1. This chapter applies only to primary elections that are held in general election
years. It does not apply to municipal primary elections, which are covered by IC 3-10-6.
[Pre-1986 Recodification Citation: 3-1-9-4 part.]
As added by P.L.5-1986, SEC.6.

IC 3-10-1-2 Political parties required to hold primary election

Sec. 2. Each political party whose nominee received at least ten percent (10%) of the
votes cast in the state for secretary of state at the last election shall hold a primary election
under this chapter to select nominees to be voted for at the general election.
[Pre-1986 Recodification Citations: 3-1-9-1 part; 3-1-9-4 part.]
As added by P.L.5-1986, SEC.6.

IC 3-10-1-3 Date of primary

Sec. 3. A primary election shall be held on the first Tuesday after the first Monday in May
of each year in which a general election is held.
[Pre-1986 Recodification Citation: 3-1-9-4 part.]
As added by P.L.5-1986, SEC.6.

IC 3-10-1-4 Nomination of candidates for certain offices; voting on

candidates, election of delegates, and election of precinct
committeeman
Sec. 4. (a) At a primary election each political party subject to section 2 of this chapter
shall nominate its candidates for the following offices to be voted for at the general election:
(1) United States Senator.
(2) Governor.
(3) United States Representative.
(4) Legislative offices.
(5) Local offices.
(b) In addition, each political party subject to section 2 of this chapter shall:
(1) vote on candidates for nomination as President of the United States;
(2) elect delegates from each county to the party's state convention; and
(3) elect a precinct committeeman for each precinct in the county if precinct

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 committeemen are to be elected under section 4.5 of this chapter.
[Pre-1986 Recodification Citation: 3-1-9-4 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.150; P.L.5-1989, SEC.33;
P.L.9-1989, SEC.3.

IC 3-10-1-4.5 Election of precinct committeemen; service of precinct

committeemen after precinct boundary change
Sec. 4.5. (a) Except as provided in section 4.6 of this chapter, precinct committeemen
shall be elected on the first Tuesday after the first Monday in May 2026, 2030, 2034, 2038,
2042, and every four (4) years thereafter.
(b) The rules of a political party may specify whether a precinct committeeman elected
under subsection (a) continues to serve as a precinct committeeman after the boundaries of
the precinct are changed by a precinct establishment order issued under IC 3-11-1.5.
As added by P.L.5-1989, SEC.34 and P.L.9-1989, SEC.4. Amended by P.L.4-1996, SEC.36;
P.L.122-2000, SEC.6; P.L.230-2005, SEC.33; P.L.164-2006, SEC.64; P.L.216-2015, SEC.9;
P.L.278-2019, SEC.35; P.L.141-2023, SEC.4.

IC 3-10-1-4.6 Election of precinct committeemen of Indiana Republican

Party
Sec. 4.6. (a) This section applies to precinct committeemen elected by the Indiana
Republican Party.
(b) Precinct committeemen shall be elected on the first Tuesday after the first Monday in
May 2024, 2028, 2032, 2036, 2040, 2044, and every four (4) years thereafter.
(c) The rules of the Indiana Republican Party may specify whether a precinct
committeeman elected under subsection (b) continues to serve as a precinct committeeman
after the boundaries of the precinct are changed by a precinct establishment order issued
under IC 3-11-1.5.
As added by P.L.164-2006, SEC.65. Amended by P.L.216-2015, SEC.10; P.L.149-2016,
SEC.7; P.L.74-2017, SEC.32; P.L.193-2021, SEC.20; P.L.141-2023, SEC.5.

IC 3-10-1-5 Noncontested races and unopposed candidates

Sec. 5. (a) Whenever there is no contest in a political party for the nomination of a
candidate or candidates for an office, the party may hold a primary election for that
nomination. The appropriate election board shall certify the names of the candidates for each
nomination for which there is no contest as though a primary election had been held.
However, except as provided in subsections (b) through (c), if there is a contest in any party
for any nomination, the name of each candidate of each party shall be placed on the primary
election ballot, whether or not the candidate is opposed.
(b) If the only contest in a political party is for the election of a precinct committeeman
or a delegate to the party's state convention, the names of unopposed candidates for
nomination are not required to be placed on the primary election ballot unless the appointed
member of the county election board affiliated with the political party files a written request
that these names be printed on the primary election ballot.
(c) The names of unopposed candidates for election as a precinct committeeman or a
delegate to a political party's state convention are not required to be placed on the primary
election ballot unless an appointed member of the county election board affiliated with the
political party files a written request that these names be printed on the primary election
ballot.
(d) If a party wants to conduct a primary under subsection (c), an appointed member of
the county election board affiliated with the party must file a notice with the county election
board not later than noon seven (7) days after the final date for filing a declaration of
candidacy, stating that the party will hold a primary.
[Pre-1986 Recodification Citation: 3-1-9-4 part.]

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As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.77; P.L.176-1999, SEC.55;
P.L.9-2004, SEC.13.

IC 3-10-1-6 Eligible voters

Sec. 6. A voter may vote at a primary election:
(1) if the voter, at the last general election, voted for a majority of the regular nominees
of the political party holding the primary election; or
(2) if the voter did not vote at the last general election, but intends to vote at the next
general election for a majority of the regular nominees of the political party holding the
primary election;
as long as the voter was registered as a voter at the last general election or has registered
since then.
[Pre-1986 Recodification Citation: 3-1-9-3 part.]
As added by P.L.5-1986, SEC.6.

IC 3-10-1-7 Repealed
[Pre-1986 Recodification Citation: 3-1-9-3 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.5-1989, SEC.35; P.L.7-1990, SEC.33;
P.L.12-1995, SEC.60; P.L.209-2003, SEC.94. Repealed by P.L.164-2006, SEC.143.

IC 3-10-1-7.1 Copy of registration record and voter signatures; evidence of

right to vote
Sec. 7.1. (a) This subsection does not apply to a county in which electronic poll books are
used under IC 3-7-29-6(a)(1) or IC 3-11-18.1. Each county election board shall furnish the
inspector of each precinct for use on primary election day a certified copy under IC 3-7-29
of the list of all voters registered to vote in the precinct.
(b) This subsection does not apply to a county in which electronic poll books are used
under IC 3-7-29-6(a)(1) or IC 3-11-18.1. The county voter registration office may also
provide the inspector of each precinct in the county a certified photocopy of the signature on
the affidavit or form of registration of each voter of the precinct for the comparison of
signatures under section 24.6 of this chapter.
(c) If the name of a person offering to vote at the primary is in the registration record or
listed in the certified copy prepared for the precinct or the electronic poll list, it is sufficient
evidence of the person's right to vote unless the person is challenged.
As added by P.L.209-2003, SEC.95. Amended by P.L.164-2006, SEC.66; P.L.271-2013,
SEC.10; P.L.258-2013, SEC.69; P.L.76-2014, SEC.26; P.L.169-2015, SEC.78.

IC 3-10-1-7.2 Proof of identification; exception; failure to produce;

challenge; provisional ballot
Sec. 7.2. (a) Except as provided in subsection (e), a voter who desires to vote an official
ballot at a primary election shall provide proof of identification.
(b) Except as provided in subsection (e), before the voter proceeds to vote in a primary
election, a precinct election officer shall ask the voter to provide proof of identification. The
voter must produce the proof of identification before being permitted to sign the poll list.
(c) If:
(1) the voter is unable or declines to present the proof of identification; or
(2) a member of the precinct election board determines that the proof of identification
presented by the voter does not qualify as proof of identification under IC 3-5-2-40.5;
a member of the precinct election board shall challenge the voter as prescribed by IC 3-11-8.
(d) If the voter executes a challenged voter's affidavit under section 9 of this chapter or
IC 3-11-8-22.1, the voter may:
(1) sign the poll list; and
(2) receive a provisional ballot.

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 (e) A voter who votes in person at a precinct polling place, vote center, or satellite office
established under IC 3-11-10-26.3 that is located at a state licensed care facility where the
voter resides is not required to provide proof of identification before voting in a primary
election.
As added by P.L.109-2005, SEC.2. Amended by P.L.164-2006, SEC.67; P.L.53-2009,
SEC.1; P.L.157-2019, SEC.9.

IC 3-10-1-8 Voter name not on registration record, certified copy of

registration record, or electronic poll list; certificate of error;
casting provisional ballot
Sec. 8. A person who will be a voter at the general election for which the primary is being
held and whose name does not appear on the registration record of the precinct, the certified
copy of the registration record prepared under IC 3-7-29, or the electronic poll list may:
(1) vote if the county voter registration office provides a signed certificate of error; or
(2) cast a provisional ballot under IC 3-11.7, as provided by 52 U.S.C. 21082.
[Pre-1986 Recodification Citation: 3-1-9-3 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.5-1989, SEC.36; P.L.7-1990, SEC.34;
P.L.12-1995, SEC.61; P.L.3-1995, SEC.82; P.L.209-2003, SEC.96; P.L.164-2006, SEC.68;
P.L.271-2013, SEC.11; P.L.128-2015, SEC.149.

IC 3-10-1-9 Challenging voter

Sec. 9. A voter in a precinct may challenge a voter or person who offers to vote at a
primary election. The challenged person may not vote unless the challenged person:
(1) is registered;
(2) makes:
(A) an oral or a written affirmation under IC 3-10-12; or
(B) an affidavit:
(i) that the challenged person is a voter of the precinct; or
(ii) required under IC 3-10-11 if the voter declares that the voter is entitled to vote
under IC 3-10-11; and
(3) either:
(A) at the last general election voted for a majority of the regular nominees of the
political party for whose candidates the challenged person proposes to vote in the
primary election and intends to vote for the regular nominees of the political party
at the next general election; or
(B) if the challenged person did not vote at the last general election, intends to vote
at the next general election for a majority of the regular nominees of the political
party holding the primary election.
[Pre-1986 Recodification Citation: 3-1-9-3 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.17-1993, SEC.9; P.L.12-1995, SEC.62.

IC 3-10-1-10 Persons entitled to challenge voter

Sec. 10. Only a voter who is a member of the political party for whose candidates a
person is offering to vote at a primary election may challenge the person on the ground of
party affiliation.
[Pre-1986 Recodification Citation: 3-1-9-3 part.]
As added by P.L.5-1986, SEC.6.

IC 3-10-1-10.5 Challenged voter entitled to cast provisional ballot; exception

Sec. 10.5. (a) This section does not apply to a voter who is challenged under section 10
of this chapter on the basis of party affiliation.
(b) In accordance with 52 U.S.C. 21082, a voter challenged under this chapter is entitled
to cast a provisional ballot under IC 3-11.7 after executing the affidavit under section 9 of

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this chapter.
As added by P.L.209-2003, SEC.97. Amended by P.L.164-2006, SEC.69; P.L.128-2015,
SEC.150.

IC 3-10-1-11 Voting methods, supplies, and equipment

Sec. 11. The voting methods, supplies, and equipment to be used at a primary election are
the same as those prescribed by IC 3-11 as far as applicable and when consistent with this
chapter.
[1986 Recodification Citation: New.]
As added by P.L.5-1986, SEC.6.

IC 3-10-1-12 Preparation and distribution of ballots

Sec. 12. (a) In those precincts where ballot card voting systems are to be used, each
county election board shall prepare and distribute separate primary ballots for each political
party participating in a primary election at least equal in number to one hundred percent
(100%) of the number of votes cast for the candidate of the party who received the greatest
number of votes cast in the precinct at the last general election.
(b) In those precincts where electronic voting systems are to be used, the board shall
determine the number of ballots required to be printed and furnished to the precincts for
emergency purposes only.
[Pre-1986 Recodification Citation: 3-1-9-2 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.151; P.L.230-2005, SEC.34.

IC 3-10-1-13 Specifications for ballots

Sec. 13. (a) The primary election paper ballots, ballot cards, and ballot labels on an
electronic voting system of each political party must be of uniform size and of the same
quality paper as the paper ballots, ballot cards, and ballot labels used at the general election.
(b) The primary election paper ballots and ballot cards of a political party used in a
precinct must contain the precinct number or designation on the ballot.
(c) The paper ballots and ballot cards must be distinctively marked or be of a different
color so that the ballots of each party are easily distinguishable.
(d) This subsection applies to all voting systems. All the candidates representing one (1)
party shall be placed on one (1) ticket with the name of the party placed at the top or
beginning of the ballot in the form prescribed by section 19 of this chapter.
[Pre-1986 Recodification Citation: 3-1-9-2 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.152; P.L.66-2003, SEC.28;
P.L.58-2005, SEC.3; P.L.193-2021, SEC.21.

IC 3-10-1-14 Repealed
[Pre-1986 Recodification Citation: 3-1-9-2 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1991, SEC.50; P.L.3-1993, SEC.92;
P.L.3-1995, SEC.83; P.L.176-1999, SEC.56. P.L.202-1999, SEC.13. Repealed by
P.L.14-2004, SEC.194.

IC 3-10-1-14.1 Printing names on ballot

Sec. 14.1. (a) All the candidates for each office who have qualified in the manner
prescribed by IC 3-8 for placement on the primary election ballot shall be grouped together
under the name of the office and printed in type with uniform capital letters, with uniform
space between each name. At the head of each group, a statement reading substantially as
follows must be placed immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of candidates to be nominated)
candidates for this office.".
(b) In addition to the candidate's given name and surname, the candidate may use:

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 (1) initials; or
(2) a nickname by which the candidate is commonly known;
if the candidate's choice of initials or nickname does not exceed twenty (20) characters. Any
nickname used must appear in parentheses between the candidate's given name and the
candidate's surname.
(c) A candidate may not use a designation such as a title or degree or a nickname that
implies a title or degree.
(d) A candidate's name must be printed on the ballot exactly as the name appears on the
candidate's certificate of nomination, petition of nomination, or declaration of candidacy.
As added by P.L.14-2004, SEC.75. Amended by P.L.194-2013, SEC.33; P.L.76-2014,
SEC.27.

IC 3-10-1-15 Separate ticket for each political party; placement of names

under office designation
Sec. 15. (a) Each political party holding a primary election shall have a separate ticket,
either in printed ballot form as prescribed by sections 13 and 14.1 of this chapter, or on
separate ballot cards or ballot labels.
(b) Except as provided in subsection (c), the name of each candidate who has qualified
under IC 3-8 shall be placed on the ballot under a designation of the office for which the
person is a candidate.
(c) This subsection applies to an optical scan ballot card voting system that does not list
the name of a candidate on the ballot card. The name of each candidate who has qualified
under IC 3-8 shall be placed on the ballot and indicated by reference to a number printed on
the optical scan ballot card.
(d) The name of a candidate may not appear on the ballot of more than one (1) party for
the same office.
[Pre-1986 Recodification Citation: 3-1-9-6(a) part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.153; P.L.14-2004, SEC.76;
P.L.58-2005, SEC.4; P.L.164-2006, SEC.70.

IC 3-10-1-16 Number of candidates for whom each person may vote

Sec. 16. At a primary election a voter may vote for as many candidates for each office as
there are persons to be elected to that office at the general election.
[Pre-1986 Recodification Citation: 3-1-9-6(a) part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.16-1995, SEC.1; P.L.98-2004, SEC.33;
P.L.245-2017, SEC.1.

IC 3-10-1-17 Colored ballot labels; party designation

Sec. 17. Political parties may be distinguished in a primary election by the use of different
color paper ballots, ballot cards, or ballot labels. The party name shall be placed before the
list of candidates of the party.
[Pre-1986 Recodification Citation: 3-1-9-6(b).]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.154; P.L.176-1999, SEC.57;
P.L.58-2005, SEC.5.

IC 3-10-1-18 Candidates ordered alphabetically by surname; exception for

certain counties
Sec. 18. (a) Except as provided by subsection (b), the names of all candidates for each
office who have qualified under IC 3-8 shall be arranged in alphabetical order by surnames
under the designation of the office.
(b) This subsection applies to a county having a population of more than four hundred
thousand (400,000) and less than seven hundred thousand (700,000). The names of all
candidates for each office who have qualified under IC 3-8, except for a school board office,

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precinct committeeman, or state convention delegate, shall be arranged in random order by
surnames under the designation of the office. The random order shall be determined using
a lottery. The lottery held in accordance with this subsection shall be conducted in public by
the county election board. The lottery shall be held not later than fifteen (15) days following
the last day for a declaration of candidacy under IC 3-8-2-4. All candidates whose names are
to be arranged by way of the lottery shall be notified at least five (5) days prior to the lottery
of the time and place at which the lottery is to be held. Each candidate may have one (1)
designated watcher, and each county political party may have one (1) designated watcher
who shall be allowed to observe the lottery procedure.
(c) For paper ballots, the left margin of the ballot for each political party must show the
name of the uppermost candidate printed to the right of the number 1, the next candidate
number 2, the next candidate number 3, and so on, consecutively to the end of the ballot as
prescribed in section 19 of this chapter. If ordered by a county election board or a board of
elections and registration under IC 3-11-15-13.1(b), a ballot number or other candidate
designation uniquely associated with the candidate must be displayed on the electronic voting
system and printed on the ballot cards.
(d) This subsection applies to a county having a population of more than four hundred
thousand (400,000) and less than seven hundred thousand (700,000). If there is insufficient
room on a row to list each candidate of a political party, a second or subsequent row may be
utilized. However, a second or subsequent row may not be utilized unless the first row, and
all preceding rows, have been filled.
[Pre-1986 Recodification Citation: 3-1-9-7 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.155; P.L.7-1991, SEC.2;
P.L.12-1992, SEC.6; P.L.1-1993, SEC.6; P.L.5-1994, SEC.1; P.L.221-2005, SEC.28;
P.L.76-2014, SEC.28; P.L.11-2023, SEC.5.

IC 3-10-1-19 Form of ballot and public questions; order of offices and public
questions on ballot
Sec. 19. (a) The ballot for a primary election shall be printed in substantially the form
described in this section for all the offices for which candidates have qualified under IC 3-8.
(b) The following shall be printed as the heading for the ballot for a political party:
"OFFICIAL PRIMARY BALLOT
_________________ Party (insert the name of the political party)".
(c) The following shall be printed immediately below the heading required by subsection
(b) or be posted in each voting booth as provided in IC 3-11-2-8(b):
(1) For paper ballots, print: To vote for a person, make a voting mark (X or U) on or
in the box before the person's name in the proper column.
(2) For optical scan ballots, print: To vote for a person, darken or shade in the circle,
oval, or square (or draw a line to connect the arrow) that precedes the person's name
in the proper column.
(3) For optical scan ballots that do not contain a candidate's name, print: To vote for
a person, darken or shade in the oval that precedes the number assigned to the person's
name in the proper column.
(4) For electronic voting systems, print: To vote for a person, touch the screen (or press
the button) in the location indicated.
(d) Local public questions shall be placed on the primary election ballot after the heading
and the voting instructions described in subsection (c) (if the instructions are printed on the
ballot) and before the offices described in subsection (g).
(e) The local public questions described in subsection (d) shall be placed as follows:
(1) In a separate column on the ballot if voting is by paper ballot.
(2) After the heading and the voting instructions described in subsection (c) (if the
instructions are printed on the ballot) and before the offices described in subsection (g),
in the form specified in IC 3-11-13-11 if voting is by ballot card.

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 (3) As provided by either of the following if voting is by an electronic voting system:
(A) On a separate screen for a public question.
(B) After the heading and the voting instructions described in subsection (c) (if the
instructions are printed on the ballot) and before the offices described in subsection
(g), in the form specified in IC 3-11-14-3.5.
(f) A public question shall be placed on the primary election ballot in the following form:
(The explanatory text for the public question,
if required by law.)
"Shall (insert public question)?"
[] YES
[] NO
(g) The offices with candidates for nomination shall be placed on the primary election
ballot in the following order:
(1) Federal and state offices:
(A) President of the United States.
(B) United States Senator.
(C) Governor.
(D) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified under IC 33, with each
division separate if there is more than one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified under IC 33, with
each division separate if there is more than one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Prosecuting attorney.
(E) Circuit court clerk.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.

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 (B) Judge of the town court.
(C) Town council member.
(h) The political party offices with candidates for election shall be placed on the primary
election ballot in the following order after the offices described in subsection (g):
(1) Precinct committeeman.
(2) State convention delegate.
(i) The local offices to be elected at the primary election shall be placed on the primary
election ballot after the offices described in subsection (h).
(j) The offices described in subsection (i) shall be placed as follows:
(1) In a separate column on the ballot if voting is by paper ballot.
(2) After the offices described in subsection (h) in the form specified in IC 3-11-13-11
if voting is by ballot card.
(3) Either:
(A) on a separate screen for each office or public question; or
(B) after the offices described in subsection (h) in the form specified in
IC 3-11-14-3.5;
if voting is by an electronic voting system.
(k) If no candidate has filed to run for an office on the primary ballot then the county
election board may print "NO CANDIDATE FILED" in the place on the ballot where a
candidate's name would have been printed.
[Pre-1986 Recodification Citation: 3-1-9-6(c).]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.156; P.L.8-1989, SEC.5;
P.L.4-1991, SEC.51; P.L.3-1997, SEC.216; P.L.98-2004, SEC.34; P.L.58-2005, SEC.6;
P.L.221-2005, SEC.29; P.L.164-2006, SEC.71; P.L.146-2008, SEC.4; P.L.179-2011, SEC.6;
P.L.190-2011, SEC.1; P.L.201-2011, SEC.3; P.L.6-2012, SEC.8; P.L.77-2014, SEC.3;
P.L.21-2016, SEC.1; P.L.278-2019, SEC.36; P.L.227-2023, SEC.58.

IC 3-10-1-19.2 Order of districts and candidates on ballot

Sec. 19.2. (a) Whenever candidates are to be nominated for an office that includes more
than one (1) district, the districts shall be placed on the ballot in alphabetical or numerical
order, according to the designation given to the district.
(b) Whenever candidates are to be nominated for an office that includes both an at-large
member and a member representing a district, the candidates seeking nomination as an
at-large member shall be placed on the ballot before candidates seeking nomination to
represent a district.
(c) Candidates for a political party office shall be placed on the ballot in accordance with
the rules applicable to candidates for nomination to an office under subsections (a) and (b).
As added by P.L.4-1996, SEC.37. Amended by P.L.179-2011, SEC.7.

IC 3-10-1-19.5 Alternative order of county offices

Sec. 19.5. Notwithstanding section 19 of this chapter, the county election board may alter
the prescribed ballot order to place the names of the candidates for the following offices
before the names of the candidates for county judicial offices:
(1) Prosecuting attorney.
(2) Clerk of the circuit court.
(3) The county offices listed in section 19(g)(4) of this chapter.
As added by P.L.4-1991, SEC.52. Amended by P.L.1-2009, SEC.2; P.L.190-2011, SEC.2;
P.L.21-2016, SEC.2.

IC 3-10-1-19.7 Certain information not required on ballot

Sec. 19.7. The ballot for a primary election is not required to contain the information set
forth under IC 3-11-2-10, IC 3-11-13-11, or IC 3-11-14-3.5 concerning:
(1) write-in voting; or

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 (2) independent candidates or independent tickets (described in IC 3-11-2-6);
except when an office for which write-in candidates or independent candidates or
independent tickets (described in IC 3-11-2-6) are permitted is elected at the same time as
the primary election.
As added by P.L.3-1995, SEC.84. Amended by P.L.58-2005, SEC.7.

IC 3-10-1-20 Repealed
[Pre-1986 Recodification Citation: 3-1-9-7 part.]
As added by P.L.5-1986, SEC.6. Repealed by P.L.3-1995, SEC.156.

IC 3-10-1-21 Sample ballots

Sec. 21. The official sample ballots for a primary election shall be printed from the first
or official form of ballot only.
[Pre-1986 Recodification Citation: 3-1-9-7 part.]
As added by P.L.5-1986, SEC.6.

IC 3-10-1-22 Repealed
[Pre-1986 Recodification Citation: 3-1-9-11.]
As added by P.L.5-1986, SEC.6. Repealed by P.L.3-1987, SEC.570.

IC 3-10-1-23 Voting systems in county having a city

Sec. 23. In a primary election in a county having a city, ballot card voting systems and
electronic voting systems shall be employed as available and adaptable and shall be
supplemented by paper ballots as necessary. However, this section does not require the
purchase of ballot card voting systems or electronic voting systems for a primary election.
[Pre-1986 Recodification Citation: 3-1-9-13.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.157; P.L.221-2005, SEC.30.

IC 3-10-1-24 Voter information verification; change of address within

precinct; transfer of registration
Sec. 24. (a) A voter who desires to vote must give the voter's name and political party to
the poll clerks of the precinct on primary election day. In a vote center county using an
electronic poll book, two (2) election officers who are not members of the same political
party must be present when a voter signs in on the electronic poll book. The poll clerks shall
require the voter to write the following on the poll list or to provide the following information
for entry into the electronic poll book:
(1) The voter's name.
(2) Except as provided in subsection (d), the voter's current residence address.
(3) The name of the voter's party. After:
(A) the voter writes the voter's party on the poll list; or
(B) the voter's party is entered into the electronic poll book;
the voter may not change the choice of the voter's party.
(b) The poll clerks shall:
(1) ask the voter to provide or update the voter's voter identification number;
(2) tell the voter the number the voter may use as a voter identification number; and
(3) explain to the voter that the voter is not required to provide a voter identification
number at the polls.
(c) If the voter is unable to sign the voter's name, the voter must sign the poll list by mark,
which must be witnessed by one (1) of the poll clerks or assistant poll clerks acting under
IC 3-6-6, who shall place the poll clerk's or assistant poll clerk's initials after or under the
mark.
(d) The poll list (or each line on a poll list sheet provided to take a voter's current
residence address) must include a box under the heading "Address Unchanged" so that the

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voter may check the box instead of writing the voter's current address on the poll list, or if
an electronic poll book is used, the poll clerk may check the box after stating to the voter the
address shown on the electronic poll book and receiving an oral affirmation from the voter
that the voter's residence address shown on the poll list is the voter's current residence
address instead of writing the voter's current residence address on the poll list or reentering
the address in the electronic poll book.
(e) If the voter makes:
(1) a written affirmation on the poll list (or if an electronic poll book is used, a written
affirmation in the manner described in IC 3-7-39-7) that the voter resides at an address
within the precinct but not at the address shown on the poll list for the precinct; or
(2) an oral affirmation of a change of address under IC 3-7-39-7;
the county election board shall direct the county voter registration office to transfer the
individual's voter registration record to the address within the precinct indicated by the voter.
[Pre-1986 Recodification Citation: 3-1-9-10 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.158; P.L.5-1989, SEC.37;
P.L.199-2001, SEC.18; P.L.209-2003, SEC.98; P.L.2-2004, SEC.1; P.L.164-2006, SEC.72;
P.L.271-2013, SEC.12; P.L.55-2014, SEC.1; P.L.76-2014, SEC.29; P.L.278-2019, SEC.37.

IC 3-10-1-24.5 Repealed
As added by P.L.3-1987, SEC.159. Amended by P.L.5-1989, SEC.38; P.L.7-1990, SEC.35;
P.L.12-1995, SEC.63; P.L.209-2003, SEC.99. Repealed by P.L.164-2006, SEC.143.

IC 3-10-1-24.6 Voter identity check; comparison of signatures

Sec. 24.6. (a) In case of doubt concerning a voter's identity, the precinct election board
shall compare the voter's signature with the signature on the registration record or any
certified copy of the signature provided under section 7.1 of this chapter. If the board
determines that the voter's signature is authentic, the voter may then vote.
(b) If either poll clerk doubts the voter's identity following the comparison of the
signatures, the poll clerk shall challenge the voter in the manner prescribed by IC 3-11-8. If
the poll clerk does not execute a challenger's affidavit under IC 3-11-8-21 or if the voter
executes a challenged voter's affidavit under IC 3-11-8-22.1, the voter may then vote.
As added by P.L.209-2003, SEC.100. Amended by P.L.164-2006, SEC.73; P.L.271-2013,
SEC.13.

IC 3-10-1-25 Paper ballots or ballot card system; procedures

Sec. 25. (a) If paper ballots are used in a precinct, one (1) of the poll clerks or assistant
poll clerks shall deliver to a voter one (1) of the voter's political party ballots and a pencil
after the voter signs the poll list. The voter shall take the ballot and pencil into an election
booth and mark the ballot within the time provided under IC 3-11-11-10.5.
(b) If a ballot card voting system is used in a precinct, one (1) of the poll clerks or
assistant poll clerks shall deliver to a voter one (1) of the voter's political party ballot cards
and instructions on how to operate the ballot card system as described in IC 3-11-13-29 and
IC 3-11-13-30. The voter shall take the ballot card into the voting booth and mark the ballot
within the time provided under IC 3-11-13-32.5.
[Pre-1986 Recodification Citation: 3-1-9-10 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.160; P.L.5-1989, SEC.39.

IC 3-10-1-26 Paper ballots; folding; delivery to inspector

Sec. 26. (a) This section applies only to paper ballots.
(b) After marking a paper ballot, a voter shall fold each ballot separately in a manner that
its face will be concealed and the initials of the poll clerks or assistant poll clerks seen.
(c) After leaving the booth, a voter shall return the pencil to a poll clerk or assistant poll
clerk and display the initials on each ballot to the inspector.

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 (d) If a voter offers to vote a ballot folded so that it does not disclose the initials of the
poll clerks or assistant poll clerks while also not disclosing the face of the ballot, the precinct
election board shall direct the voter to return to the booth and fold the ballot properly.
(e) After properly displaying the initials on the ballot, the voter then shall:
(1) deposit the ballot in the ballot box; or
(2) at the voter's option return the ballot to the inspector, who shall deposit it in the
ballot box.
(f) The poll clerk or assistant poll clerk shall then place a voting mark opposite the voter's
name on the poll list. The voter then shall leave the polls.
[Pre-1986 Recodification Citation: 3-1-9-10 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.161; P.L.58-2005, SEC.8.

IC 3-10-1-27 Party identification card receipt; voting time limits

Sec. 27. If electronic voting systems are used in a precinct, one (1) of the poll clerks shall
give a printed political party identification card to a voter after the voter signs the poll list.
Before entering the voting booth, the voter must give the party identification card to a judge,
and the judge shall set or have the electronic voting system set to allow the voter to vote only
for the candidates of the voter's party. After the system is set, the voter may register a vote
upon it within the time provided under IC 3-11-14-26.
[Pre-1986 Recodification Citations: 3-1-9-10 part; 3-1-9-12.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.162; P.L.221-2005, SEC.31.

IC 3-10-1-28 Depositing and counting party identification cards

Sec. 28. After setting the electronic voting system, the judge shall immediately deposit
the political party identification card in a sealed container provided for that purpose. After
the polls have closed, all party identification cards shall be counted and compared with the
total number of votes cast in the election. All party identification cards must be of durable
quality and the same color irrespective of the party that is designated.
[Pre-1986 Recodification Citation: 3-1-9-10 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.163; P.L.221-2005, SEC.32.

IC 3-10-1-28.5 Ballot card voting system; procedures

Sec. 28.5. (a) If a ballot card voting system is used in a precinct, after a voter has marked
a ballot card the voter shall place it inside the envelope provided for this purpose and return
it to the judge.
(b) The judge shall remove the stub from the ballot card. This subsection does not apply
to an optical scan voting system.
(c) The judge shall then offer to return the envelope with the ballot card inside to the
voter. The voter shall:
(1) accept the envelope and deposit it with the ballot card inside into the ballot box; or
(2) decline the envelope and require the judge to deposit it in the ballot box.
(d) The voter then shall leave the polls.
As added by P.L.3-1987, SEC.164. Amended by P.L.38-1999, SEC.32; P.L.176-1999,
SEC.58; P.L.239-2001, SEC.6.

IC 3-10-1-29 Canvass of votes

Sec. 29. The canvass of votes cast in a primary election shall, as far as applicable, be
made in the same manner and by the same officers as the canvass at a general election. The
tally sheet upon which the count has been entered shall be included in the returns of the
election. Each precinct election board shall, on blanks provided for that purpose, make full
and accurate returns of the votes cast for each candidate and on each public question unless
votes were cast on a ballot card voting system that is not designed to allow the counting and
tabulation of votes by the precinct election board. The board shall set forth in the return,

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opposite the name of each candidate and public question, the number of votes cast for the
candidate and for or against each public question. The tabular statement must contain the
following information, with the names of candidates and public questions arranged in the
order in which they appear upon the official ballot:
(1) The name of the precinct.
(2) The name of the township (or ward).
(3) The name of the county.
(4) The name of the party of the candidates for Representative in Congress.
[Pre-1986 Recodification Citation: 3-1-9-17(a).]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.165; P.L.10-1988, SEC.78;
P.L.1-1993, SEC.7; P.L.3-1995, SEC.85.

IC 3-10-1-30 Mutilated and unvoted ballots or ballot cards; counting,

sealing and labeling
Sec. 30. (a) At the close of the polls and before counting the votes, each precinct election
board shall count all mutilated and unvoted paper ballots and ballot cards of each political
party, place them in separate bags, and seal them. The number of unvoted ballots shall be
marked on the outside of the bags.
(b) If a ballot card voting system was used in a precinct, the precinct election board shall
comply with IC 3-12-3-2.
(c) At the close of the count the board shall place all voted paper ballots of each party in
separate bags, sealed and properly labeled, showing the number of paper ballots they contain
and the number voted but not counted.
[Pre-1986 Recodification Citation: 3-1-9-17(b) part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.166.

IC 3-10-1-31 Repealed
[Pre-1986 Recodification Citation: 3-1-9-17(b) part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.167; P.L.10-1988, SEC.79;
P.L.3-1993, SEC.93; P.L.12-1995, SEC.64; P.L.4-1996, SEC.38; P.L.199-2001, SEC.19;
P.L.66-2003, SEC.29; P.L.209-2003, SEC.101; P.L.97-2004, SEC.4; P.L.14-2004, SEC.77;
P.L.128-2015, SEC.151. Repealed by P.L.193-2021, SEC.22.

IC 3-10-1-31.1 Applicability; delivery, retention, and disposal of election

materials; retention period; use of election materials to update
voter registration record; confidentiality of materials
Sec. 31.1. (a) The inspector of each precinct shall deliver the bags required by section
30(a) and 30(c) of this chapter in good condition, together with poll lists, tally sheets, and
other forms, to the circuit court clerk when making returns.
(b) Except for unused ballots disposed of under IC 3-11-3-31 or affidavits received by the
county election board under IC 3-14-5-2 for delivery to the foreman of a grand jury, the
circuit court clerk shall seal the ballots (including provisional ballots) and other material
(including election material related to provisional ballots) during the time allowed to file a
verified petition or cross-petition for a recount of votes or to contest the election. Except as
provided in subsection (c) and notwithstanding any other provision of state law, after the
recount or contest filing period, the election material, including election material related to
provisional ballots (except for ballots and provisional ballots, which remain confidential)
shall be made available for copying and inspection under IC 5-14-3. The circuit court clerk
shall carefully preserve the sealed ballots and other material for twenty-two (22) months, as
required by 52 U.S.C. 20701, after which the sealed ballots and other material are subject to
IC 5-15-6 unless an order issued under:
(1) IC 3-12-6-19 or IC 3-12-11-16; or
(2) 52 U.S.C. 10301;

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requires the continued preservation of the ballots or other material.
(c) If a petition for a recount or contest is filed, the material for that election remains
confidential until completion of the recount or contest.
(d) Upon delivery of the poll lists, the county voter registration office shall unseal the
envelopes containing the poll lists, inspect the poll lists, and update the registration records
of the county. The county voter registration office shall use the poll lists and information on
affidavits executed under IC 3-10-10, IC 3-10-11, or IC 3-10-12 to update the registration
record to include the voter's voter identification number if the voter's voter identification
number is not already included in the registration record. Upon completion of the inspection,
the poll list and affidavits shall be preserved with the ballots and other materials in the
manner prescribed by subsection (b) for the period prescribed by subsections (b) and (c).
(e) In addition to the poll lists described in subsection (d), the county voter registration
office shall use the affidavits described by IC 3-10-10-7, IC 3-10-11-4, and IC 3-10-12-3.4
to update the registration records of the county as soon as the affidavits are delivered to the
county voter registration office.
(f) The county voter registration office shall retain a voter's paper registration records
associated with the address at which the voter is registered to vote until all of the following
are satisfied:
(1) The voter's registration at the address stated in the voter's registration application
has been canceled.
(2) The general election immediately following the cancellation of the voter's
registration under subdivision (1) has occurred.
(3) Twenty-four (24) months have elapsed following the general election described in
subdivision (2).
(g) This subsection does not apply to ballots, including provisional ballots.
Notwithstanding subsection (b), if a county voter registration office determines that the
inspection and copying of precinct election material would reveal the political parties,
candidates, and public questions for which an individual cast an absentee ballot, the county
voter registration office shall keep confidential only that part of the election material
necessary to protect the secrecy of the voter's ballot. In addition, the county voter registration
office shall keep confidential information contained in material related to provisional ballots
that identifies an individual, except for the individual's name, address, and birth date.
(h) After the expiration of the period described in subsection (b) or (c), the ballots may
be destroyed in the manner provided by IC 3-11-3-31 or transferred to a state educational
institution as provided by IC 3-12-2-12.
(i) This subsection applies to a detachable recording unit or compartment used to record
a ballot cast on a direct record electronic voting system. After the time allowed to file a
verified petition or cross-petition for a recount of votes or to contest the election, the circuit
court clerk shall transfer the data contained in the unit or compartment to a disc or other
recording medium. After transferring the data, the clerk may clear or erase the unit or
compartment. The circuit court clerk shall carefully preserve the disc or medium used to
record the data for twenty-two (22) months, as required by 52 U.S.C. 20701, after which time
the disc or medium may be erased or destroyed, subject to IC 5-15-6, unless an order
requiring the continued preservation of the disc or medium is issued under the following:
(1) IC 3-12-6-19.
(2) IC 3-12-11-16.
(3) 52 U.S.C. 10301.
(j) This subsection applies to a county using an electronic poll book. After each election,
the county shall save all data recorded on the electronic poll book and any information stored
on the dedicated, private server required under IC 3-11-8-10.3(b)(4). The circuit court clerk
shall carefully preserve the disc or medium used to record the data for twenty-two (22)
months, as required by 52 U.S.C. 20701, after which time the data may be erased or
destroyed, subject to IC 5-15-6, unless an order requiring the continued preservation of the

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data is issued under the following:
(1) IC 3-12-6-19.
(2) IC 3-12-11-16.
(3) 52 U.S.C. 10301.
(k) This section does not prohibit county election officials from performing post-election
audits, as authorized by statute.
As added by P.L.14-2004, SEC.78. Amended by P.L.230-2005, SEC.35; P.L.141-2011,
SEC.1; P.L.64-2014, SEC.37; P.L.128-2015, SEC.152; P.L.216-2015, SEC.11;
P.L.169-2015, SEC.79; P.L.74-2017, SEC.33; P.L.116-2018, SEC.4; P.L.157-2019, SEC.10;
P.L.193-2021, SEC.23; P.L.131-2022, SEC.2.

IC 3-10-1-31.2 Update of registration record; time

Sec. 31.2. (a) This subsection does not apply if a recount or contest is being conducted
in a county. The county voter registration office shall complete the updating of the
registration record under section 31.1 of this chapter not later than sixty (60) days after
election day.
(b) If a recount or contest is being conducted in a county, the county voter registration
office shall complete the updating of the registration record under section 31.1 of this chapter
not later than sixty (60) days after the completion of the recount or contest and the issuance
of an order under IC 3-12-6-22.5, IC 3-12-8-17, IC 3-12-11-18, or IC 3-12-12-19.
(c) This subsection applies to a voter who executes an affidavit under IC 3-10-11 and
currently resides in an Indiana county different from the county where the voter is registered
to vote. The county voter registration official in the county where the voter voted shall add
to the voter's registration record in the computerized list established under IC 3-7-26.3 that
the voter voted in the election before transferring the voter's registration to the county where
the voter indicated the voter currently resides on the affidavit completed under IC 3-10-11.
As added by P.L.225-2011, SEC.45. Amended by P.L.193-2021, SEC.24.

IC 3-10-1-31.3 Voter political party not recorded at primary election; how

recorded on voter's registration record
Sec. 31.3. (a) This subsection applies to a primary election within an election district in
which more than one (1) political party chooses the party's nominees or in which a
nonpartisan ballot is available for a voter to vote for an office or on a public question. A
voter whose political party is not recorded on the poll list as required under section 24 of this
chapter shall be shown on the voter's registration record as having cast an unknown ballot in
that primary.
(b) This subsection applies to a primary election within an election district in which only
one (1) political party chooses its nominees and a nonpartisan ballot is not available. A voter:
(1) whose political party recorded on the poll list is not the political party conducting
a primary within the election district;
(2) who is indicated on the poll list as having requested a nonpartisan ballot; or
(3) whose political party is not recorded on the poll list as required under section 24 of
this chapter;
shall be shown on the voter's registration record as having cast a ballot for the political party
choosing that political party's nominees in that primary election.
As added by P.L.219-2013, SEC.23. Amended by P.L.74-2017, SEC.34.

IC 3-10-1-32 Returns
Sec. 32. Primary election returns must contain the whole number of votes cast for each
of the following:
(1) Each candidate of each political party.
(2) Each public question voted on at the primary election.
(3) Each candidate for election to a political party office.

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 [Pre-1986 Recodification Citation: 3-1-9-17(c).]
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.80; P.L.179-2011, SEC.8.

IC 3-10-1-33 Repealed
[Pre-1986 Recodification Citation: 3-1-9-17(d).]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.168; P.L.3-1993, SEC.94;
P.L.3-1997, SEC.217; P.L.176-1999, SEC.59; P.L.221-2005, SEC.33; P.L.164-2006,
SEC.74. Repealed by P.L.227-2023, SEC.59.

IC 3-10-1-34 Canvass of votes by election division

Sec. 34. The election division, not later than noon:
(1) on the date for correcting an error under IC 3-12-5-14; or
(2) seven (7) days after receipt of the final recount certificate transmitted under
IC 3-12-6-31 or IC 3-12-11-18;
whichever occurs later, shall canvass the votes cast for candidates required to file a
declaration of candidacy with the election division under IC 3-8-2 and tabulate the result as
provided in IC 3-12.
[Pre-1986 Recodification Citation: 3-1-9-17(e).]
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.81; P.L.3-1997, SEC.218;
P.L.176-1999, SEC.60; P.L.66-2003, SEC.30.

IC 3-10-1-35 Publication of notices

Sec. 35. Each notice required for a primary election shall be published in accordance with
IC 5-3-1.
[Pre-1986 Recodification Citation: 3-1-9-15.]
As added by P.L.5-1986, SEC.6.

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IC 3-10-2 Chapter 2. General Elections

3-10-2-1 Date of general election; offices to be filled

3-10-2-2 Notice of election; information to be published; filing
3-10-2-3 Presidential and Vice Presidential Electors; time for electing
3-10-2-4 United States Senators; time for electing
3-10-2-5 United States Representatives; time for electing
3-10-2-6 Election of governor, lieutenant governor, and attorney general; time for
electing
3-10-2-7 Election of secretary of state, auditor of state, and treasurer of state; time for
electing
3-10-2-8 Supreme court justices and appellate court judges; time for retention vote
3-10-2-9 State senators; time for electing
3-10-2-10 State representatives; time for electing
3-10-2-11 Judges; time for electing
3-10-2-12 Prosecuting attorneys; time for electing
3-10-2-13 Local officials; time for electing
3-10-2-14 Repealed
3-10-2-15 Nomination of candidates for certain local offices by convention; deadline;
certification of nominees; consent of nominees
3-10-2-16 Elected school board member elected at general elections

IC 3-10-2-1 Date of general election; offices to be filled

Sec. 1. A general election shall be held on the first Tuesday after the first Monday in
November in each even-numbered year. All offices whose terms will expire before the next
general election shall be filled at the election, unless otherwise provided by law.
[Pre-1986 Recodification Citation: 3-1-21-1.]
As added by P.L.5-1986, SEC.6.

IC 3-10-2-2 Notice of election; information to be published; filing

Sec. 2. (a) Each county election board shall give notice of a general election and publish
a statement in accordance with IC 5-3-1 stating the following information:
(1) The offices to be filled.
(2) The text of the judicial retention and other public questions to be submitted to the
voters.
(3) The dates, times, and locations of voting at the circuit court clerk's office and at
satellite offices under IC 3-11-10-26.
(b) The county election board shall file a copy of the information required by subsection
(a):
(1) with the election division; and
(2) in the minutes of the county election board.
(c) The county election board shall file the copies required under subsection (b) with the
election division and in the minutes of the county election board not later than noon, ten (10)
days before election day. However, an election is not invalidated by the failure of the board
to perform this duty.
[Pre-1986 Recodification Citation: 3-1-21-2.]
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.82; P.L.3-1993, SEC.95;
P.L.3-1997, SEC.219; P.L.109-2021, SEC.11.

IC 3-10-2-3 Presidential and Vice Presidential Electors; time for electing

Sec. 3. Presidential electors and alternate presidential electors shall be elected in 2024,
2028, 2032, 2036, 2040, 2044, and every four (4) years thereafter at a general election held
in accordance with 3 U.S.C. 1.
[Pre-1986 Recodification Citation: 3-1-12-1.]
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.39; P.L.3-1997, SEC.220;

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P.L.230-2005, SEC.36; P.L.216-2015, SEC.12; P.L.74-2017, SEC.35; P.L.201-2017,
SEC.11; P.L.193-2021, SEC.25; P.L.141-2023, SEC.6.

IC 3-10-2-4 United States Senators; time for electing

Sec. 4. United States Senators shall be elected at a general election held in accordance
with 2 U.S.C. 1 and as follows:
(1) One (1) in 2028, 2034, 2040, 2046, 2052, and every six (6) years thereafter.
(2) One (1) in 2024, 2030, 2036, 2042, 2048, 2054, and every six (6) years thereafter.
[Pre-1986 Recodification Citation: 3-1-13-1.]
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.40; P.L.122-2000, SEC.7;
P.L.230-2005, SEC.37; P.L.216-2015, SEC.13; P.L.74-2017, SEC.36; P.L.278-2019,
SEC.38; P.L.141-2023, SEC.7.

IC 3-10-2-5 United States Representatives; time for electing

Sec. 5. United States Representatives shall be elected at each general election in
accordance with 2 U.S.C. 7.
[Pre-1986 Recodification Citation: 3-3-1.1-3.]
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.41.

IC 3-10-2-6 Election of governor, lieutenant governor, and attorney

general; time for electing
Sec. 6. The following public officials shall be elected in 2024, 2028, 2032, 2036, 2040,
2044, and every four (4) years thereafter:
(1) Governor.
(2) Lieutenant governor.
(3) Attorney general.
[Pre-1986 Recodification Citations: Ind. Const. Art. 5, §§ 1, 2, 3, 9; Ind. Const. Art. 8, § 8; 4-6-1-2;
20-1-11.5-2.]
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.42; P.L.3-1997, SEC.221;
P.L.230-2005, SEC.38; P.L.216-2015, SEC.14; P.L.74-2017, SEC.37; P.L.219-2017, SEC.5;
P.L.8-2019, SEC.4; P.L.193-2021, SEC.26; P.L.141-2023, SEC.8.

IC 3-10-2-7 Election of secretary of state, auditor of state, and treasurer of

state; time for electing
Sec. 7. The following public officials shall be elected in 2026, 2030, 2034, 2038, 2042,
and every four (4) years thereafter:
(1) Secretary of state.
(2) Auditor of state.
(3) Treasurer of state.
[Pre-1986 Recodification Citation: Ind. Const. Art. 6, § 1.]
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.43; P.L.122-2000, SEC.8;
P.L.14-2004, SEC.79; P.L.230-2005, SEC.39; P.L.216-2015, SEC.15; P.L.278-2019,
SEC.39; P.L.141-2023, SEC.9.

IC 3-10-2-8 Supreme court justices and appellate court judges; time for
retention vote
Sec. 8. Justices of the supreme court and judges of the court of appeals shall stand for
approval or rejection by their respective electorates:
(1) at the first general election that occurs at least two (2) years after their
appointments; and
(2) at the general election every ten (10) years thereafter;
in accordance with Article 7, Section 11 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 7, § 11.]

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As added by P.L.5-1986, SEC.6.

IC 3-10-2-9 State senators; time for electing

Sec. 9. One-half (1/2) of the senators in the general assembly, as nearly as possible, shall
be elected at each general election and every four (4) years thereafter in accordance with
Article 4, Section 3 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 4, § 3.]
As added by P.L.5-1986, SEC.6.

IC 3-10-2-10 State representatives; time for electing

Sec. 10. Representatives in the general assembly shall be elected in each district at each
general election in accordance with Article 4, Section 3 of the Constitution of the State of
Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 4, § 3.]
As added by P.L.5-1986, SEC.6.

IC 3-10-2-11 Judges; time for electing

Sec. 11. (a) A judge of the circuit court shall be elected at:
(1) the first general election following an appointment by the governor to fill a vacancy
in the office of judge of the circuit court; or
(2) the general election before the term of the judge expires under Article 7, Section 7
of the Constitution of the State of Indiana;
whichever occurs first, and every six (6) years thereafter.
(b) Except as otherwise provided by law, judges of the superior and probate courts shall
be elected at the general election before their terms of office expire and every six (6) years
thereafter.
[Pre-1986 Recodification Citations: Ind. Const. Art. 7, § 7; 33-5; 33-10.5-4-2.]
As added by P.L.5-1986, SEC.6. Amended by P.L.334-1989(ss), SEC.1; P.L.5-1989, SEC.40;
P.L.201-2011, SEC.4.

IC 3-10-2-12 Prosecuting attorneys; time for electing

Sec. 12. A prosecuting attorney shall be elected in each judicial circuit in 2026, 2030,
2034, 2038, 2042, and every four (4) years thereafter in accordance with Article 7, Section
16 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 7, § 16.]
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.44; P.L.122-2000, SEC.9;
P.L.230-2005, SEC.40; P.L.216-2015, SEC.16; P.L.278-2019, SEC.40; P.L.141-2023,
SEC.10.

IC 3-10-2-13 Local officials; time for electing

Sec. 13. The following public officials shall be elected at the general election before their
terms of office expire and every four (4) years thereafter:
(1) Clerk of the circuit court.
(2) County auditor.
(3) County recorder.
(4) County treasurer.
(5) County sheriff.
(6) County coroner.
(7) County surveyor.
(8) County assessor.
(9) County commissioner.
(10) County council member.
(11) Township trustee.

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 (12) Township board member.
(13) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
(14) Judge of a small claims court.
(15) Constable of a small claims court.
[Pre-1986 Recodification Citations: Ind. Const. Art. 6, § 2; 3-1-18-1(a) part; 33-11.6-3-4 part;
33-11.6-8-4(c) part; 36-2-2-3; 36-2-3-3; 36-2-15-2.]
As added by P.L.5-1986, SEC.6. Amended by P.L.8-1987, SEC.2; P.L.146-2008, SEC.5;
P.L.77-2014, SEC.4; P.L.278-2019, SEC.41.

IC 3-10-2-14 Repealed
[Pre-1986 Recodification Citation: 3-1-18-1(b).]
As added by P.L.5-1986, SEC.6. Repealed by P.L.146-2008, SEC.818.

IC 3-10-2-15 Nomination of candidates for certain local offices by

convention; deadline; certification of nominees; consent of
nominees
Sec. 15. (a) This section applies to a political party whose nominee received at least two
percent (2%) but less than ten percent (10%) of the votes cast for secretary of state at the last
election for that office.
(b) This section applies only to a local office that is:
(1) not listed in IC 3-8-2-5; and
(2) not a municipal office subject to IC 3-8-5-17 or IC 3-10-6-12.
(c) A political party subject to this section shall nominate the party's candidate for a local
office at a county convention of the party conducted not later than noon on the date specified
by IC 3-13-1-7(a)(1) for a major political party to act to fill a candidate vacancy.
(d) The chairman and secretary of the convention shall execute a certificate of nomination
in writing, setting out the following:
(1) The name of each nominee as:
(A) the nominee wants the nominee's name to appear on the ballot; and
(B) the nominee's name is permitted to appear on the ballot under IC 3-5-7.
(2) The residence address of each nominee.
(3) The office for which each nominee was nominated.
(4) That each nominee is legally qualified to hold office.
(5) The political party device or emblem by which the ticket will be designated on the
ballot.
Both the chairman and secretary shall acknowledge the certificate before an officer
authorized to take acknowledgment of deeds.
(e) Each candidate nominated under this section shall execute a consent to the nomination
in the same form as a candidate nominated by petition under IC 3-8-6.
(f) The certificate required by subsection (d) and the consent required by subsection (e)
must be filed with the circuit court clerk of the county containing the greatest percentage of
population of the election district for which the candidate has been nominated by the
convention not later than noon on the date specified by IC 3-13-1-15(c) for a major political
party to file a certificate of candidate selection.
(g) A candidate's consent to the nomination must include a statement that the candidate
requests the name on the candidate's voter registration record be the same as the name the
candidate uses on the consent to the nomination. If there is a difference between the name on
the candidate's consent to the nomination and the name on the candidate's voter registration
record, the officer with whom the consent to the nomination is filed shall forward the
information to the voter registration officer of the appropriate county. The voter registration
officer of the appropriate county shall change the name on the candidate's voter registration
record to be the same as the name on the candidate's consent to the nomination.
(h) A question concerning the validity of a candidate's nomination under this section shall

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be determined by a county election board in accordance with IC 3-13-1-16.5(b) and
IC 3-13-1-16.5(c).
(i) A nominee who wants to withdraw must file a notice of withdrawal in accordance with
IC 3-8-7-28.
As added by P.L.4-1996, SEC.45. Amended by P.L.202-1999, SEC.14; P.L.66-2003,
SEC.31; P.L.9-2004, SEC.14.

IC 3-10-2-16 Elected school board member elected at general elections

Sec. 16. Notwithstanding any other statute or a school corporation's organization plan, an
elected member of the governing body shall be elected at the general election held
immediately before the term of office for that position on the governing body expires.
As added by P.L.219-2013, SEC.24.

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IC 3-10-3 Chapter 3. State Constitutional Amendments and State Public
Questions

3-10-3-1 Certification
3-10-3-2 Form of public question on ballot; effect of failure to vote
3-10-3-3 Repealed
3-10-3-4 Repealed
3-10-3-5 Repealed
3-10-3-6 Repealed
3-10-3-7 Repealed
3-10-3-8 Repealed
3-10-3-9 Marking of ballots; application of general election laws
3-10-3-10 Repealed

IC 3-10-3-1 Certification
Sec. 1. (a) Whenever a proposed state constitutional amendment or other public question
is submitted by the general assembly under Article 16 of the Constitution of the State of
Indiana to the electorate of the state for a popular vote, the election division shall certify the
public question to the county election board of each county.
(b) If the vote is to occur at a general election, the election division shall certify by noon
on the date specified under IC 3-8-7-16 for the election division to certify candidates and
other public questions for the general election ballot. If a special election is to be held, the
election division shall certify at least thirty (30) days before the election. Each county
election board shall publish notice of the public question in accordance with IC 5-3-1.
[Pre-1986 Recodification Citation: 3-1-15-1.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.169; P.L.10-1988, SEC.83;
P.L.4-1991, SEC.53; P.L.3-1997, SEC.222; P.L.225-2011, SEC.46.

IC 3-10-3-2 Form of public question on ballot; effect of failure to vote

Sec. 2. (a) This subsection applies if the general assembly does not prescribe the form in
which a state constitutional amendment must appear on the general election ballot. If the
electorate of the state may vote on a state constitutional amendment or other public question,
the commission shall prepare a brief statement of the public question in words sufficient to
clearly designate it and have the statement printed on the state ballot in the form prescribed
by IC 3-11-2-15.
(b) If a voter does not vote on the public question, the ballot is void with regard to the
public question and may not be counted.
[Pre-1986 Recodification Citation: 3-1-15-2.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.170; P.L.4-1991, SEC.54;
P.L.1-1992, SEC.4; P.L.2-1996, SEC.118.

IC 3-10-3-3 Repealed
[Pre-1986 Recodification Citation: 3-1-15-4 part.]
As added by P.L.5-1986, SEC.6. Repealed by P.L.3-1987, SEC.570.

IC 3-10-3-4 Repealed
[Pre-1986 Recodification Citation: 3-1-15-4 part.]
As added by P.L.5-1986, SEC.6. Repealed by P.L.3-1987, SEC.570.

IC 3-10-3-5 Repealed
[Pre-1986 Recodification Citation: 3-1-15-5(a) part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.6-1986, SEC.6. Repealed by P.L.3-1987,
SEC.570.

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IC 3-10-3-6 Repealed
[Pre-1986 Recodification Citation: 3-1-15-5(a) part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.6-1986, SEC.7. Repealed by P.L.3-1987,
SEC.570.

IC 3-10-3-7 Repealed
[Pre-1986 Recodification Citation: 3-1-15-5(b).]
As added by P.L.5-1986, SEC.6. Amended by P.L.6-1986, SEC.8. Repealed by P.L.3-1987,
SEC.570.

IC 3-10-3-8 Repealed
[Pre-1986 Recodification Citation: 3-1-15-5 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.6-1986, SEC.9. Repealed by P.L.3-1987,
SEC.570.

IC 3-10-3-9 Marking of ballots; application of general election laws

Sec. 9. Except as provided in this chapter, all of the provisions of this title concerning the
marking and counting of ballots for candidates that are consistent with this chapter apply to
the marking and counting of votes for a state constitutional amendment.
[Pre-1986 Recodification Citation: 3-1-15-6.]
As added by P.L.5-1986, SEC.6.

IC 3-10-3-10 Repealed
[Pre-1986 Recodification Citation: 3-1-15-7.]
As added by P.L.5-1986, SEC.6. Repealed by P.L.3-1987, SEC.570.

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IC 3-10-4 Chapter 4. Presidential Elections

3-10-4-1 Names on ballot

3-10-4-1.5 Presidential elector nominees; alternate presidential elector nominees;
designation; winning candidates
3-10-4-1.7 Pledge of elector nominees; pledges must accompany certification; effect of
death or withdrawal of nominee for President or Vice President
3-10-4-2 Paper ballots; listing of political party and other information
3-10-4-2.1 Optical scan ballot card; listing of nominees for President and Vice President
of the United States
3-10-4-2.2 Electronic voting system; listing of nominees for President and Vice President
of the United States
3-10-4-3 Ballots or voting machine labels
3-10-4-4 Votes for nominees and write-in candidates; treatment
3-10-4-5 Certification of nominees and electors
3-10-4-6 Cessation of candidacy
3-10-4-6.5 Indiana's certificate of ascertainment; contents; security features
3-10-4-7 Assembly of presidential electors and alternate presidential electors; delivery
of duplicate original certificates of ascertainment
3-10-4-8 Filling of vacancy
3-10-4-9 Voting procedure; marking ballots; examination of ballots by secretary of
state; consistency of ballots with pledge; vacating office of elector; counting
and recording ballots
3-10-4-10 Repealed
3-10-4-11 Amended certificate of ascertainment; transmittal to governor; substitution of
amended certificate for original certificate; certificate of vote; transmittal of
documents under federal law

IC 3-10-4-1 Names on ballot

Sec. 1. (a) The names of the candidates of:
(1) a political party;
(2) a group of petitioners under IC 3-8-6; or
(3) a write-in candidate for the office of President or Vice President of the United
States under IC 3-8-2-2.5;
for presidential electors and alternate presidential electors may not be placed on the ballot.
(b) The names of the nominees for President and Vice President of the United States of
each political party or group of petitioners shall be placed:
(1) in one (1) column on the ballot if paper ballots are used;
(2) either:
(A) grouped together on a separate screen; or
(B) grouped together below the names of the offices as specified in IC 3-11-14-3.5;
if an electronic voting system is used; or
(3) grouped together below the names of the offices as specified in IC 3-11-13-11 if a
ballot card is used.
(c) The ballot must permit a voter to cast a ballot for a write-in candidate for the office
of President or Vice President of the United States in the manner provided under
IC 3-11-2-6.
[Pre-1986 Recodification Citation: 3-1-12-2.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.171; P.L.10-1992, SEC.16;
P.L.58-2005, SEC.9; P.L.230-2005, SEC.41; P.L.1-2006, SEC.4; P.L.201-2017, SEC.12.

IC 3-10-4-1.5 Presidential elector nominees; alternate presidential elector

nominees; designation; winning candidates
Sec. 1.5. For each presidential elector position in Indiana:
(1) a political party;
(2) a group of petitioners under IC 3-8-6; or

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 (3) a write-in candidate for the office of President or Vice President of the United
States under IC 3-8-2-2.5;
must submit the names of two (2) qualified individuals. One (1) of the individuals must be
designated "presidential elector nominee" and the other individual "alternate presidential
elector nominee". Except as otherwise provided in this chapter, Indiana's presidential electors
and alternate presidential electors whose ticket receives the most votes at the general election
in Indiana are the winning presidential elector and alternate presidential elector nominees
under this title.
As added by P.L.201-2017, SEC.13.

IC 3-10-4-1.7 Pledge of elector nominees; pledges must accompany

certification; effect of death or withdrawal of nominee for
President or Vice President
Sec. 1.7. (a) Each presidential elector nominee and each alternate presidential elector
nominee of a political party shall execute the following pledge: "If selected for the office of
presidential elector, I agree to serve and to mark my ballots for President and Vice President
for the nominees for those offices of the party that nominated me.".
(b) Each presidential elector nominee and each alternate presidential elector nominee of
a candidate not affiliated with a political party shall execute the following pledge: "If selected
for the office of elector for a presidential candidate not affiliated with a political party, I
agree to serve and to mark my ballots for that candidate and for that candidate's
vice-presidential running mate.".
(c) The executed pledges must accompany the certification of the names of the
presidential electors and alternate presidential electors.
(d) If a candidate for President or Vice President nominated by a political party dies or
withdraws as a candidate for that office in accordance with the rules of the political party:
(1) after the candidate's nomination; and
(2) not later than the meeting of Indiana's presidential electors and alternate electors
under section 7 of this chapter;
the pledge under subsection (a) refers to the successor candidate for that office nominated
by the political party in accordance with the party's rules.
As added by P.L.201-2017, SEC.14.

IC 3-10-4-2 Paper ballots; listing of political party and other information

Sec. 2. (a) This section applies when paper ballots are used.
(b) A single square shall be printed in front of a bracket enclosing the names of the
nominees for President and Vice President of the United States on the left margin of each
separate column of the ballot, immediately opposite the names of the nominees.
(c) The device named and list of nominees of the political party whose nominee received
the highest number of votes in that county for secretary of state at the last election shall be
placed in the first column on the left side of the ballot. The political party whose nominee
received the second highest number of votes in that county for secretary of state at the last
election shall be placed in the second column. Other political parties shall be placed on the
ballot in the same order.
(d) If a political party or an independent ticket did not have a candidate for secretary of
state in the last election, the party or ticket shall be placed on the ballot after the parties
described in subsection (c). If more than one (1) political party or independent ticket that has
qualified to be on the ballot did not have a candidate for secretary of state in the last election,
each party or independent ticket shall be listed on the ballot in the order in which the party
or independent ticket filed a petition of nomination under IC 3-8-6-12.
[Pre-1986 Recodification Citation: 3-1-12-3 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.172; P.L.3-1993, SEC.96;
P.L.58-2005, SEC.10.

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IC 3-10-4-2.1 Optical scan ballot card; listing of nominees for President and
Vice President of the United States
Sec. 2.1. (a) This section applies when an optical scan ballot card is used.
(b) The names of the nominees for President and Vice President of the United States for
each political party or group of petitioners grouped as described in section 1(b)(3) of this
chapter must be:
(1) listed together so that a voter is aware that the voter votes for both offices with a
single vote; and
(2) printed behind or beside a single connectable arrow, oval, circle, or square.
(c) The nominees for President and Vice President of the United States must be grouped
under the names of the offices in the order established by IC 3-11-13-11.
As added by P.L.58-2005, SEC.11. Amended by P.L.10-2019, SEC.4.

IC 3-10-4-2.2 Electronic voting system; listing of nominees for President and

Vice President of the United States
Sec. 2.2. (a) This section applies when an electronic voting system is used.
(b) The names of the nominees for President and Vice President of the United States for
each political party or group of petitioners grouped as described in section 1(b)(3) of this
chapter must be:
(1) listed together so that a voter is aware that the voter votes for both offices with a
single vote; and
(2) behind or beside a single touch sensitive point or button place.
(c) The nominees for President and Vice President of the United States must be grouped
under the names of the offices in the order established by IC 3-11-14-3.5.
As added by P.L.58-2005, SEC.12.

IC 3-10-4-3 Ballots or voting machine labels

Sec. 3. The device, title, and names of nominees appearing on a ballot or ballot label shall
be accompanied by a statement that a ballot cast for the named candidates for President and
Vice President of the United States is considered a ballot cast for the slate of presidential
electors and alternate presidential electors nominated by that political party or independent
candidate.
[Pre-1986 Recodification Citation: 3-1-12-3 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1995, SEC.86; P.L.201-2017, SEC.15.

IC 3-10-4-4 Votes for nominees and write-in candidates; treatment

Sec. 4. Each vote cast or registered:
(1) for the nominees for President and Vice President of the United States of:
(A) a political party; or
(B) a group of petitioners; or
(2) for a write-in candidate for President or Vice President of the United States;
is a vote cast or registered for all of the candidates for presidential electors and alternate
presidential electors of the party, group, or write-in candidate and shall be so counted. These
votes shall be counted, canvassed, and certified in the same manner as the votes for
candidates for other offices.
[Pre-1986 Recodification Citation: 3-1-12-4.]
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1992, SEC.17; P.L.1-2010, SEC.3;
P.L.201-2017, SEC.16.

IC 3-10-4-5 Certification of nominees and electors

Sec. 5. (a) This subsection applies to a major political party and to a political party
subject to IC 3-8-4-10. The state chairman of each political party shall certify to the election
division the names of the nominees of the party for President and Vice President of the

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United States and the state of which each nominee is a resident.
(b) If candidates for presidential electors and alternate presidential electors are nominated
by petitioners instead of by a convention of a major political party or a party subject to
IC 3-8-4-10, the petitioners shall certify with the list of names of the presidential electors the
following:
(1) The names of their nominees for President and Vice President of the United States.
(2) The state of which each nominee is a resident.
(3) The name of the political party of the nominees, or that the nominees are an
independent ticket.
(c) This subsection applies to a political party described in subsection (a) and to
candidates nominated by petitioners under subsection (b). The names of:
(1) all candidates for:
(A) presidential electors; and
(B) alternate presidential electors; and
(2) all nominees for President and Vice President of the United States;
shall be certified to the election division not later than noon on the second Tuesday in
September before the general election. The election division shall certify to each county
election board not later than noon on the next following Thursday in September before the
general election the names of the nominees for President and Vice President of the United
States certified to the election division under this subsection.
(d) The names of all candidates for presidential electors and alternate presidential electors
for a write-in candidate shall be included on the declaration for candidacy filed by a write-in
candidate for the office of President or Vice President of the United States filed under
IC 3-8-2.
[Pre-1986 Recodification Citation: 3-1-12-5 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.173; P.L.5-1989, SEC.41;
P.L.10-1992, SEC.18; P.L.3-1993, SEC.97; P.L.3-1997, SEC.223; P.L.66-2003, SEC.32;
P.L.14-2004, SEC.80; P.L.201-2017, SEC.17.

IC 3-10-4-6 Cessation of candidacy

Sec. 6. (a) If a nominee for President or Vice President of the United States ceases to be
a candidate before the nominee's ticket is officially certified, then that fact and the name and
the state of residence of the nominee's successor, if any, shall be certified in the same manner
as the original nominee and the successor's name shall be printed upon all ballots.
(b) If a nominee for President or Vice President of the United States ceases to be a
candidate after the nominee's ticket has been officially certified, then that fact and the name
and state of residence of the nominee's successor, if any, shall be certified in the same manner
as the original nominee. However, the ballots must reflect the original nominee's name, and
any vote cast in the election for the original nominee shall be considered a vote for the
successor.
[Pre-1986 Recodification Citation: 3-1-12-5 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.174.

IC 3-10-4-6.5 Indiana's certificate of ascertainment; contents; security

features
Sec. 6.5. (a) In submitting Indiana's certificate of ascertainment as required by 3 U.S.C.
6, the governor shall certify Indiana's presidential electors and state in the certificate the
following:
(1) That the presidential electors will serve as presidential electors unless a vacancy
occurs in the office of presidential elector before the end of the meeting at which votes
are cast, in which case an alternate presidential elector will fill the vacancy as a
presidential elector.
(2) If an alternate presidential elector is appointed to fill a vacancy, the governor will

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 submit an amended certificate of ascertainment stating the names on the final list of
Indiana's presidential electors.
(b) The certificate must:
(1) bear the seal of the state of Indiana; and
(2) contain at least one (1) security feature, as determined by the secretary of state, for
purposes of verifying the authenticity of the certificate.
(c) A security feature determined under subsection (b) is confidential.
As added by P.L.201-2017, SEC.18. Amended by P.L.141-2023, SEC.11.

IC 3-10-4-7 Assembly of presidential electors and alternate presidential

electors; delivery of duplicate original certificates of
ascertainment
Sec. 7. (a) The presidential electors and alternate presidential electors who are elected at
a general election shall assemble in the chamber of the Indiana house of representatives on
the first Tuesday after the second Wednesday in December as provided by 3 U.S.C. 7, or on
another day fixed by the Congress of the United States, at 10 a.m. to elect the President and
Vice President of the United States.
(b) The secretary of state, or an individual designated by the secretary, shall preside at this
meeting. The election division shall assist the secretary in conducting the election and in
certifying and transmitting the results in accordance with federal law.
(c) As provided by 3 U.S.C. 6, the governor shall deliver to the presidential electors
present six (6) duplicate originals of the certificate of ascertainment of appointment of the
presidential electors mailed to the Archivist of the United States.
[Pre-1986 Recodification Citation: 3-1-12-6 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.175; P.L.10-1992, SEC.19;
P.L.3-1997, SEC.224; P.L.201-2017, SEC.19; P.L.141-2023, SEC.12.

IC 3-10-4-8 Filling of vacancy

Sec. 8. (a) This section applies if a presidential elector:
(1) files the presidential elector's resignation with the governor under IC 5-8-3.5;
(2) dies or is otherwise disqualified from holding office, and the presidential elector's
death or disqualification is certified to the governor by the state chairman of the
political party of the presidential elector;
(3) fails to appear before 11 a.m. on the day prescribed by section 7 of this chapter; or
(4) vacates the presidential elector's office as described in section 9(d) of this chapter.
(b) If the presidential elector's alternate presidential elector is present to vote, the alternate
presidential elector shall fill the vacancy. If the alternate presidential elector is not present,
the presidential electors present shall, by paper ballot and a majority vote of all those present,
immediately fill the vacancy upon proof of the resignation or certification being provided to
the presidential electors, or at 11 a.m., whichever occurs first. The presidential electors must
fill the vacancy as follows:
(1) If the alternate presidential elector for the vacant office is not present to vote, by
choosing a presidential elector from among the alternate presidential electors present.
(2) If the number of alternate presidential electors present is insufficient to fill any
vacant position under subdivision (1), by electing any immediately available individual
who is qualified to serve as a presidential elector.
(c) To qualify as an alternate presidential elector under subsection (b), an individual who
has not executed the pledge required under section 1.7 of this chapter must execute the
following pledge: "I agree to serve and to mark my ballots for President and Vice President
consistent with the pledge of the individual to whose presidential elector position I have
succeeded.".
(d) The election shall immediately be certified by a majority of the presidential electors
to the governor, who shall immediately notify the individual of the individual's election by

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presenting the individual with a commission issued under IC 4-3-1-5.
[Pre-1986 Recodification Citation: 3-1-12-6 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.176; P.L.3-1993, SEC.98;
P.L.3-1997, SEC.225; P.L.201-2017, SEC.20.

IC 3-10-4-9 Voting procedure; marking ballots; examination of ballots by

secretary of state; consistency of ballots with pledge; vacating
office of elector; counting and recording ballots
Sec. 9. (a) The presidential electors, when assembled and after vacancies are filled, shall
then vote by paper ballot for President and Vice President of the United States and perform
the duties imposed upon them by the Constitution and statutes of the United States and of
Indiana.
(b) Each presidential elector shall mark the presidential elector's presidential and
vice-presidential ballots with the presidential elector's votes for the offices of President and
Vice President, respectively, along with the presidential elector's signature and the
presidential elector's legibly printed name.
(c) Except as otherwise provided by Indiana law other than this chapter, each presidential
elector shall present both completed ballots to the secretary of state, who shall examine the
ballots and accept as cast all ballots of presidential electors whose votes are consistent with
the presidential electors' pledges executed under section 1.7 or 8(c) of this chapter. Except
as otherwise provided by Indiana law other than this chapter, the secretary of state may not
accept and may not count either a presidential elector's presidential or vice-presidential ballot
if the presidential elector has not marked both ballots or has marked a ballot in violation of
the presidential elector's pledge.
(d) A presidential elector who refuses to present a ballot, presents an unmarked ballot, or
presents a ballot marked in violation of the presidential elector's pledge executed under
section 1.7 or 8(c) of this chapter, vacates the office of presidential elector. The vacant
presidential elector office shall be filled as provided in section 8 of this chapter.
(e) The secretary of state shall distribute ballots to and collect ballots from an alternate
presidential elector and repeat the process under this section of examining ballots, declaring
vacant offices as required, and recording appropriately completed ballots from the alternate
presidential electors, until all of Indiana's electoral votes have been cast and recorded.
[Pre-1986 Recodification Citation: 3-1-12-7.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.177; P.L.201-2017, SEC.21.

IC 3-10-4-10 Repealed
[Pre-1986 Recodification Citation: 3-1-12-8.]
As added by P.L.5-1986, SEC.6. Repealed by P.L.7-1986, SEC.20.

IC 3-10-4-11 Amended certificate of ascertainment; transmittal to governor;

substitution of amended certificate for original certificate;
certificate of vote; transmittal of documents under federal law
Sec. 11. (a) After the vote of Indiana's presidential electors is completed, if the final list
of presidential electors differs from any list that the governor previously included on a
certificate of ascertainment prepared and transmitted under 3 U.S.C. 6, the secretary of state
immediately shall prepare an amended certificate of ascertainment and transmit it to the
governor for the governor's signature.
(b) The governor immediately shall deliver the signed amended certificate of
ascertainment to the secretary of state and a signed duplicate original of the amended
certificate of ascertainment to all individuals entitled to receive Indiana's certificate of
ascertainment, indicating that the amended certificate of ascertainment is to be substituted
for the previously submitted certificate of ascertainment.
(c) The secretary of state shall prepare a certificate of vote. The presidential electors listed

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on the final certificate of ascertainment shall sign the certificate of vote. The secretary of
state shall process and transmit the signed certificate of vote with the amended certificate of
ascertainment under 3 U.S.C. 9, 3 U.S.C. 10, and 3 U.S.C. 11.
As added by P.L.201-2017, SEC.22.

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IC 3-10-5 Chapter 5. State Conventions Concerning United States
Constitutional Amendments

3-10-5-1 Ratifying convention; election of delegates

3-10-5-2 Eligible voters
3-10-5-3 Conduct of election
3-10-5-4 Conduct of election; precinct election officers
3-10-5-5 Number of delegates
3-10-5-6 Qualifications of delegate
3-10-5-7 Procedure for nomination
3-10-5-8 Nomination petitions; required number of signatures
3-10-5-9 Nomination petitions; contents
3-10-5-10 Nomination petitions; political party designations
3-10-5-11 Nomination petitions; inconsistent names
3-10-5-12 Signing more than one petition
3-10-5-13 Filing of petitions and acceptances; preservation
3-10-5-14 Successful candidates; ties; time for objections
3-10-5-15 Objections
3-10-5-16 Certification of successful nominees
3-10-5-17 Conduct of election; ballot
3-10-5-18 Arrangement of names on ballot
3-10-5-19 Repealed
3-10-5-20 Order of names on ballot
3-10-5-21 Marking of ballot
3-10-5-22 Successful nominees
3-10-5-23 Certification of delegates
3-10-5-24 Vacancies
3-10-5-25 Commencement of convention; quorum
3-10-5-26 Call to order; oath of office
3-10-5-27 Powers of convention
3-10-5-28 Journal of convention
3-10-5-29 Certificate of ratification
3-10-5-30 Congressional preemption of procedure

IC 3-10-5-1 Ratifying convention; election of delegates

Sec. 1. Whenever the Congress of the United States proposes an amendment to the
Constitution of the United States and proposes that it be ratified by conventions in the several
states, the governor shall fix, by proclamation, the date of an election to elect the delegates
to the convention in this state. The election shall be held within sixty (60) days after the date
of the proclamation and within four (4) months after the date of the receipt of the proposed
amendment by the appropriate official from the Secretary of State of the United States. If a
general election occurs within this period, the special election shall be held at the same time
and by the same election officers who conduct the general election.
[Pre-1986 Recodification Citation: 3-1-14-1 part.]
As added by P.L.5-1986, SEC.6.

IC 3-10-5-2 Eligible voters

Sec. 2. The electorate of the whole state may vote at the election required by section 1 of
this chapter.
[Pre-1986 Recodification Citation: 3-1-14-2.]
As added by P.L.5-1986, SEC.6.

IC 3-10-5-3 Conduct of election

Sec. 3. Except as otherwise provided in this chapter, the election required by section 1 of
this chapter shall be conducted and the results ascertained, canvassed, and certified in the
same manner as an election of governor. All of the other provisions of this title apply to the
election when consistent with this chapter.

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 [Pre-1986 Recodification Citation: 3-1-14-3.]
As added by P.L.5-1986, SEC.6.

IC 3-10-5-4 Conduct of election; precinct election officers

Sec. 4. Each county election board shall conduct the election required by section 1 of this
chapter. The precinct election officers consist of one (1) inspector and two (2) poll clerks to
be appointed by the county election board at least ten (10) days before the election. These
officers have the same powers and duties as other precinct election officers and receive the
same pay that precinct election officers receive in general elections.
[Pre-1986 Recodification Citation: 3-1-14-1 part.]
As added by P.L.5-1986, SEC.6.

IC 3-10-5-5 Number of delegates

Sec. 5. Each county shall elect at least one (1) delegate to the convention prescribed by
section 1 of this chapter. In addition, each county having a population greater than twenty
thousand (20,000) shall elect one (1) additional delegate for each additional twenty thousand
(20,000) persons in the county, or major fraction thereof. The governor shall determine the
number of delegates to which each county is entitled under this section and shall include the
number in the governor's proclamation.
[Pre-1986 Recodification Citation: 3-1-14-4.]
As added by P.L.5-1986, SEC.6.

IC 3-10-5-6 Qualifications of delegate

Sec. 6. A candidate for delegate to a convention held under this chapter must be:
(1) a resident of the county; and
(2) a registered voter.
[Pre-1986 Recodification Citation: 3-1-14-5 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.178.

IC 3-10-5-7 Procedure for nomination

Sec. 7. Nomination of a candidate for delegate to a convention held under this chapter
must be by petition. Before the candidate's name is placed on a petition, the candidate must
file in the office of the circuit court clerk of the county in which the candidate resides a
declaration stating the candidate's name, the candidate's residence address with the street and
number (if any), and whether if elected as a delegate the candidate will vote for or against the
ratification of the amendment to be considered by the convention. The circuit court clerk may
not accept a petition containing the name of a candidate who has failed to file such a
declaration.
[Pre-1986 Recodification Citation: 3-1-14-5 part.]
As added by P.L.5-1986, SEC.6.

IC 3-10-5-8 Nomination petitions; required number of signatures

Sec. 8. A single petition required by section 7 of this chapter may nominate any number
of candidates, but not more than the total number of delegates to be elected from the county.
A petition must be signed by at least five hundred (500) voters for each delegate nominated.
[Pre-1986 Recodification Citation: 3-1-14-5 part.]
As added by P.L.5-1986, SEC.6.

IC 3-10-5-9 Nomination petitions; contents

Sec. 9. A petition required by section 7 of this chapter must contain the candidates' names,
the candidates' residence address with the street and number (if any), and a declaration and
pledge that each candidate will, if elected, vote for or against ratification at the convention.
[Pre-1986 Recodification Citation: 3-1-14-5 part.]

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As added by P.L.5-1986, SEC.6.

IC 3-10-5-10 Nomination petitions; political party designations

Sec. 10. A petition required by section 7 of this chapter may not include a candidate's
political party or political designation.
[Pre-1986 Recodification Citation: 3-1-14-5 part.]
As added by P.L.5-1986, SEC.6.

IC 3-10-5-11 Nomination petitions; inconsistent names

Sec. 11. A petition required by section 7 of this chapter may not contain the name of a
candidate whose position as stated is inconsistent with that of another candidate on the same
petition.
[Pre-1986 Recodification Citation: 3-1-14-5 part.]
As added by P.L.5-1986, SEC.6.

IC 3-10-5-12 Signing more than one petition

Sec. 12. A person may not sign both a petition for a candidate in favor of ratification and
a petition for a candidate opposed to ratification.
[Pre-1986 Recodification Citation: 3-1-14-5 part.]
As added by P.L.5-1986, SEC.6.

IC 3-10-5-13 Filing of petitions and acceptances; preservation

Sec. 13. All petitions and acceptances must be filed with the circuit court clerk no later
than noon thirty (30) days before the date of the election. The clerk shall preserve the
petitions and make them available for public inspection.
[Pre-1986 Recodification Citation: 3-1-14-5 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.84.

IC 3-10-5-14 Successful candidates; ties; time for objections

Sec. 14. The candidates whose nominating petitions have been signed by the highest
number of voters are nominated. Ties shall be resolved by lot drawn by the commission. If
a written objection is not filed with the circuit court clerk no later than noon ten (10) days
after the filing, the decision of the clerk is final.
[Pre-1986 Recodification Citation: 3-1-14-5 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.85; P.L.2-1996, SEC.119.

IC 3-10-5-15 Objections
Sec. 15. If an objection to a decision of the circuit court clerk is made, the clerk shall
immediately certify the objection and the petition to the election division. The commission
shall consider the objection, and the decision of the commission is final.
[Pre-1986 Recodification Citation: 3-1-14-5 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.179; P.L.3-1997, SEC.226.

IC 3-10-5-16 Certification of successful nominees

Sec. 16. Not later than noon fifteen (15) days after the petitions have been filed with the
circuit court clerk, the clerk shall certify the names of the successful nominees to the election
division.
[Pre-1986 Recodification Citation: 3-1-14-5 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.180; P.L.3-1997, SEC.227.

IC 3-10-5-17 Conduct of election; ballot

Sec. 17. The election required by section 1 of this chapter shall be conducted by ballot.
The ballot must state first the substance of the proposed constitutional amendment, followed

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by appropriate instructions to the voters. The ballot then must be in the form prescribed by
the election division. The names of the nominees in favor of ratification shall be placed in
the column headed "For Ratification". The names of the nominees against ratification shall
be placed in the column headed "Against Ratification".
[Pre-1986 Recodification Citation: 3-1-14-6 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.181; P.L.3-1993, SEC.99;
P.L.2-1996, SEC.120; P.L.169-2015, SEC.80.

IC 3-10-5-18 Arrangement of names on ballot

Sec. 18. The ballot prescribed by section 17 of this chapter shall be arranged so that a
voter may, by making a single voting mark, vote for an entire group of nominees whose
names are in one column.
[Pre-1986 Recodification Citation: 3-1-14-6 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.6-1986, SEC.10; P.L.3-1987, SEC.182.

IC 3-10-5-19 Repealed
[Pre-1986 Recodification Citation: 3-1-14-6 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.183. Repealed by
P.L.3-1993, SEC.282.

IC 3-10-5-20 Order of names on ballot

Sec. 20. Each county election board shall prepare the ballots in series equal to the total
number of delegates to be elected. The names of the candidates shall be arranged in
alphabetical order in the first series of ballots printed. On the next series printed the first
name shall be placed last, and the process shall be repeated in the same manner until each
name has been first. The ballots shall then be combined in tablets with no two (2) of the same
order of names together, except where there is but one (1) candidate in each column and
when impracticable to do so.
[Pre-1986 Recodification Citation: 3-1-14-6 part.]
As added by P.L.5-1986, SEC.6.

IC 3-10-5-21 Marking of ballot

Sec. 21. A voter shall indicate a choice by making one (1) or more voting marks in the
appropriate spaces provided on the ballot.
[Pre-1986 Recodification Citation: 3-1-14-6 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.6-1986, SEC.11.

IC 3-10-5-22 Successful nominees

Sec. 22. The nominees who receive the highest number of votes, up to the total number
to be chosen, are the delegates to the convention prescribed by section 1 of this chapter.
[Pre-1986 Recodification Citation: 3-1-14-7 part.]
As added by P.L.5-1986, SEC.6.

IC 3-10-5-23 Certification of delegates

Sec. 23. Not later than noon ten (10) days after the election, each circuit court clerk shall:
(1) certify the election of each delegate to the election division; and
(2) deliver a certificate of election to each successful delegate.
[Pre-1986 Recodification Citation: 3-1-14-5 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1997, SEC.228.

IC 3-10-5-24 Vacancies
Sec. 24. If there is a vacancy in the convention prescribed by section 1 of this chapter, the
vacancy shall be filled by majority vote of the delegates from the county in which the

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vacancy exists. If the convention does not have another delegate from that county, the
governor shall fill the vacancy.
[Pre-1986 Recodification Citation: 3-1-14-7 part.]
As added by P.L.5-1986, SEC.6.

IC 3-10-5-25 Commencement of convention; quorum

Sec. 25. The delegates certified under section 23 of this chapter shall meet in convention
in the chamber of the Indiana house of representatives on the third Monday following the
election at 2 p.m. to pass upon the question of whether or not to ratify the proposed
constitutional amendment. A majority of the delegates elected to the convention constitutes
a quorum.
[Pre-1986 Recodification Citation: 3-1-14-8.]
As added by P.L.5-1986, SEC.6.

IC 3-10-5-26 Call to order; oath of office

Sec. 26. The lieutenant governor shall call the convention to order. A justice of the
supreme court shall administer the oath of office.
[Pre-1986 Recodification Citation: 3-1-14-9 part.]
As added by P.L.5-1986, SEC.6.

IC 3-10-5-27 Powers of convention

Sec. 27. The convention:
(1) is the judge of the election and qualifications of its members;
(2) may elect its president, secretary, and other officers; and
(3) may adopt its own rules.
[Pre-1986 Recodification Citation: 3-1-14-9 part.]
As added by P.L.5-1986, SEC.6.

IC 3-10-5-28 Journal of convention

Sec. 28. (a) The convention shall keep a journal of its proceedings and debates in which
the vote of each delegate on the question of ratification of the proposed constitutional
amendment shall be recorded.
(b) Upon final adjournment the journal shall be filed with the election division.
[Pre-1986 Recodification Citation: 3-1-14-10.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1997, SEC.229.

IC 3-10-5-29 Certificate of ratification

Sec. 29. (a) If the convention agrees to the ratification of the proposed constitutional
amendment by majority vote of the delegates elected to the convention, the president and
secretary of the convention shall execute a certificate to that effect and transmit the certificate
to the election division.
(b) The secretary of state shall transmit the certificate under the official seal of the state
to the Secretary of State of the United States.
[Pre-1986 Recodification Citation: 3-1-14-11.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1997, SEC.230.

IC 3-10-5-30 Congressional preemption of procedure

Sec. 30. If at or about the time of submitting a constitutional amendment, Congress, either
in the resolution submitting the amendment or by statute, prescribes the manner in which the
conventions are to be constituted and does not except from the resolution or statute states that
have provided for conventions, this chapter is inoperative and the convention shall be
constituted and operate as the resolution or statute directs. Each public official of this state
who is authorized or directed by the resolution or statute to take action to constitute a

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convention for this state shall act in accordance with it as if acting under a statute of this
state.
[Pre-1986 Recodification Citation: 3-1-14-12.]
As added by P.L.5-1986, SEC.6.

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IC 3-10-6 Chapter 6. Municipal and School District Elections in Cities,
Large Towns, and Small Towns in Marion County

3-10-6-1 Application of chapter

3-10-6-2 Dates for municipal primary elections; political parties entitled to nominate
candidates
3-10-6-2.5 Town ordinance to stagger terms of members of legislative body
3-10-6-2.6 Election of town officers in year of no general election for short term;
ordinance
3-10-6-3 Other times for holding town primary elections
3-10-6-4 Noncontested primary races; unopposed candidates
3-10-6-4.5 Primary elections in towns adopting ordinance under IC 36-5-2-4.5
3-10-6-5 Dates for municipal elections
3-10-6-6 Other times for electing town officers
3-10-6-7 Repealed
3-10-6-7.5 Restrictions on municipal office elections; nominees on ballot; exception by
resolution
3-10-6-7.6 Elections for municipal offices; prohibition
3-10-6-8 Rights, duties, and required assistance
3-10-6-9 Repealed
3-10-6-10 Repealed
3-10-6-11 Municipal precincts; use of adjoining precinct polls
3-10-6-12 Nomination of candidates for town offices by certain political parties
3-10-6-12.5 Notice to withdraw

IC 3-10-6-1 Application of chapter

Sec. 1. (a) This chapter applies to municipal and school district elections in the following
municipalities:
(1) All cities.
(2) Towns having a population of three thousand five hundred (3,500) or more.
(3) Towns located entirely or partially within a county having a consolidated city,
regardless of their population.
(b) Prison inmates may not be counted in determining population size for purposes of this
chapter.
[Pre-1986 Recodification Citation: 3-2-7-1(a) part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.6-1986, SEC.12; P.L.11-1988, SEC.3;
P.L.3-1993, SEC.100; P.L.15-1995, SEC.2.

IC 3-10-6-2 Dates for municipal primary elections; political parties entitled

to nominate candidates
Sec. 2. (a) Except as otherwise provided in this chapter, a municipal primary election shall
be held on the first Tuesday after the first Monday in May 2023, 2027, 2031, 2035, 2039,
2043, and every four (4) years thereafter.
(b) Each political party whose nominee received at least ten percent (10%) of the votes
cast in the state for secretary of state at the last election shall nominate all candidates to be
voted for at the municipal election to be held in November.
[Pre-1986 Recodification Citation: 3-2-7-2(a) part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.46; P.L.122-2000, SEC.10;
P.L.230-2005, SEC.42; P.L.74-2017, SEC.38; P.L.193-2021, SEC.27; P.L.141-2023,
SEC.13.

IC 3-10-6-2.5 Town ordinance to stagger terms of members of legislative

body
Sec. 2.5. (a) This section does not apply to a town located wholly or partially within a
county having a consolidated city unless the town has a population of more than one
thousand (1,000) and less than one thousand four hundred (1,400).

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 (b) This section applies to a town that has not adopted an ordinance:
(1) under IC 18-3-1-16(b) (before its repeal on September 1, 1981); or
(2) in 1982 under P.L.13-1982, SECTION 3 (before its expiration on January 1, 1988).
(c) Notwithstanding section 6 of this chapter, a town may adopt an ordinance during the
year preceding a municipal election conducted under section 2 of this chapter prescribing the
length of the term of office for town legislative body members elected in the municipal
election.
(d) The ordinance must provide that:
(1) no more than fifty percent (50%) of the members will be elected for terms of three
(3) years beginning at noon January 1 following the municipal election under section
2 of this chapter; and
(2) the remainder of the members will be elected for terms of four (4) years beginning
at noon January 1 following the election.
(e) An ordinance described in this section or an ordinance repealing an ordinance
described in this section is effective upon filing the ordinance with the circuit court clerk of
the county in which the largest percentage of the town is located.
As added by P.L.11-1988, SEC.4. Amended by P.L.3-1990, SEC.7; P.L.3-1997, SEC.231;
P.L.170-2002, SEC.6; P.L.119-2012, SEC.6; P.L.278-2019, SEC.42; P.L.11-2023, SEC.6.

IC 3-10-6-2.6 Election of town officers in year of no general election for short

term; ordinance
Sec. 2.6. (a) This section does not apply to a town located wholly or partially within a
county having a consolidated city.
(b) This section applies to a town that has adopted an ordinance:
(1) under IC 18-3-1-16(b) (before its repeal on September 1, 1981); or
(2) in 1982 under P.L.13-1982, SECTION 3 (before its expiration on January 1, 1988).
(c) A town may adopt an ordinance during a year in which an election of town legislative
body members, a town clerk-treasurer, or a town judge will not occur under section 3 of this
chapter.
(d) The ordinance described in subsection (c) must provide that:
(1) the town legislative body members, clerk-treasurer, or judge elected at the next
municipal election not conducted in a general election year serve terms of one (1) year;
and
(2) the successors of the town legislative body members, clerk-treasurer, or judge
described in subdivision (1) shall be chosen at the first general election following the
municipal election and serve terms of four (4) years.
As added by P.L.11-1988, SEC.5. Amended by P.L.3-1990, SEC.8.

IC 3-10-6-3 Other times for holding town primary elections

Sec. 3. (a) Notwithstanding section 2 of this chapter, in a town that adopted an ordinance
under IC 18-3-1-16(b) (before its repeal on September 1, 1981), P.L.13-1982, SECTION 3
(before its expiration on January 1, 1988), or section 2.5 of this chapter each political party
shall, at the primary election in:
(1) May 2026, 2030, 2034, 2038, 2042, and every four (4) years thereafter; and
(2) May 2023, 2027, 2031, 2035, 2039, 2043, and every four (4) years thereafter;
nominate candidates for the election to be held under section 6(a) of this chapter, unless a
primary election is not required under section 4 of this chapter. The primary election shall
be conducted under this chapter.
(b) Notwithstanding section 2 of this chapter, in a town that adopted an ordinance under
section 2.6 of this chapter each political party shall, at the primary election in:
(1) May 2024, 2028, 2032, 2036, 2040, 2044, and every four (4) years thereafter; and
(2) May 2026, 2030, 2034, 2038, 2042, and every four (4) years thereafter;
nominate candidates for the election to be held under section 6(b) of this chapter, unless a

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primary election is not required under section 4 of this chapter. The primary election shall
be conducted under this chapter.
(c) Notwithstanding section 2 of this chapter, in a town that adopted an ordinance under
section 2.6 of this chapter each political party shall, at the primary election in May 2024,
2028, 2032, 2036, 2040, 2044, and every four (4) years thereafter, nominate candidates for
the election to be held under section 6(c) of this chapter, unless a primary election is not
required under section 4 of this chapter. The primary election shall be held under this
chapter.
[Pre-1986 Recodification Citations: 3-2-7-2(b); P.L.13-1982, SECTIONS 3 and 4.]
As added by P.L.5-1986, SEC.6. Amended by P.L.11-1988, SEC.6; P.L.3-1990, SEC.9;
P.L.122-2000, SEC.11; P.L.230-2005, SEC.43; P.L.216-2015, SEC.17; P.L.74-2017,
SEC.39; P.L.278-2019, SEC.43; P.L.193-2021, SEC.28; P.L.141-2023, SEC.14.

IC 3-10-6-4 Noncontested primary races; unopposed candidates

Sec. 4. (a) Except as otherwise provided in this section, all candidates for nomination to
an office of the municipality by a major political party must be placed on a primary election
ballot for the candidate's party.
(b) If no candidate has filed for the nomination of a party to any office of the
municipality, the party may not hold a primary election in the municipality.
(c) Whenever there is no contest in a political party for the nomination of a candidate or
candidates for an office, but at least one (1) candidate has filed for the nomination by that
political party, the party may hold a primary election for that nomination.
(d) If a party wants to conduct a primary under subsection (c), the county chairman of the
party must file a notice with the county election board not later than noon seven (7) days after
the final date for filing a declaration of candidacy, stating that the party will hold a primary.
(e) The county election board of the county in which the greatest percentage of the
population of the municipality is located shall certify the names of the candidates for each
nomination for which there is no contest as though a primary election had been held.
(f) If:
(1) there is a contest in an election district comprising all or part of a municipality in
any party for a nomination for an office; or
(2) a party has decided to hold a primary election for an office under subsection (c);
the name of each candidate of the political party within the election district shall be placed
on the primary election ballot for the election district, whether or not the candidate is
opposed.
(g) This subsection applies when:
(1) there is a contest for nomination by a major political party for at least one (1) of the
municipality's legislative body members;
(2) only the voters who reside in a legislative body district are eligible to vote in the
primary election for the political party's nomination of the legislative body member;
and
(3) there is no contest for nomination to an office to be voted on by all voters of the
political party of the municipality.
The county election board may, by unanimous vote of the entire membership of the board,
adopt a resolution providing that a primary election for the party will be held only in the
legislative body election districts in which voters will nominate candidates under subdivision
(2). The names of unopposed candidates for the party's nomination for an office to be voted
on by all voters of the municipality may not be placed on the ballot used within the election
districts for the nomination of candidates under this subsection.
(h) If:
(1) there is no contest in an election district in any party for a nomination for an office;
and
(2) no party has decided to hold a primary election for any office under subsection (c);

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a primary election may not be held for any municipal office in the election district.
[Pre-1986 Recodification Citation: 3-2-7-2(a) part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.86; P.L.7-1991, SEC.3;
P.L.3-1993, SEC.101; P.L.176-1999, SEC.61 and P.L.202-1999, SEC.15.

IC 3-10-6-4.5 Primary elections in towns adopting ordinance under

IC 36-5-2-4.5
Sec. 4.5. (a) Notwithstanding section 2 of this chapter, this section applies to a town with
a legislative body that adopts an ordinance under IC 36-5-2-4.5.
(b) Unless a primary election is not required under section 4 of this chapter, a primary
election shall be held in a town under this section at both of the following times:
(1) During a year that municipal elections are held under section 5 of this chapter.
(2) At the time of the primary election held in the year stated in an ordinance adopted
under IC 36-5-2-4.5(c)(2).
(c) At a primary election held under subsection (b), a political party with a nominee who
receives at least ten percent (10%) of the votes cast in the state for secretary of state at the
most recent election for secretary of state shall nominate candidates for the following town
offices:
(1) At the time of the primary held in the town under subsection (b)(1), the following
candidates:
(A) Four (4) candidates for the town legislative body, three (3) of whom are elected
from districts and one (1) who is elected at large. If the town legislative body adopts
an ordinance under IC 36-5-2-4.5(e), all candidates are elected from districts.
(B) Candidates for all other town offices other than the town legislative body.
(2) At the time of the primary election held under subsection (b)(2), three (3)
candidates for the town legislative body, two (2) of whom are elected from districts and
one (1) who is elected at large. If the town legislative body adopts an ordinance under
IC 36-5-2-4.5(e), all candidates are elected from districts.
The primary election is conducted under this chapter.
(d) Notwithstanding section 5 of this chapter, an election to fill town offices under this
section is held as follows:
(1) During a year municipal elections are held under section 5 of this chapter, the
following town offices are elected:
(A) Four (4) members of the town legislative body, three (3) of whom are elected
from districts and one (1) who is elected at large. If the town legislative body adopts
an ordinance under IC 36-5-2-4.5(e), all members are elected from districts.
(B) All other town offices other than the town legislative body.
(2) During a year in which candidates for the town legislative body are nominated
under subsection (c)(2), three (3) members of the town legislative body, two (2) of
whom are elected from districts and one (1) who is elected at large. If the town
legislative body adopts an ordinance under IC 36-5-2-4.5(e), all members are elected
from districts.
The election shall be conducted under this chapter.
As added by P.L.38-1999, SEC.33.

IC 3-10-6-5 Dates for municipal elections

Sec. 5. Except as otherwise provided in this chapter, a municipal election shall be held
on the first Tuesday after the first Monday in November 2023, 2027, 2031, 2035, 2039,
2043, and every four (4) years thereafter. At the election, public officials shall be elected to
each municipal office.
[Pre-1986 Recodification Citation: 3-2-7-1(a) part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.47; P.L.122-2000, SEC.12;
P.L.14-2004, SEC.81; P.L.74-2017, SEC.40; P.L.193-2021, SEC.29; P.L.141-2023, SEC.15.

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IC 3-10-6-6 Other times for electing town officers
Sec. 6. (a) Notwithstanding section 5 of this chapter, a town that adopted an ordinance
under IC 18-3-1-16(b) (before its repeal on September 1, 1981), P.L.13-1982, SECTION 3
(before its expiration on January 1, 1988), or section 2.5 of this chapter shall:
(1) at the general election in November 2022, 2026, 2030, 2034, 2038, 2042, and every
four (4) years thereafter; and
(2) at the municipal election in November 2023, 2027, 2031, 2035, 2039, 2043, and
every four (4) years thereafter;
elect town council members for terms of four (4) years to those offices whose terms expire
at noon January 1 following the election, as provided in IC 36-5-2-3. The election shall be
conducted under this chapter.
(b) Notwithstanding section 5 of this chapter, a town that adopted an ordinance under
section 2.6 of this chapter shall:
(1) at the general election in November 2024, 2028, 2032, 2036, 2040, 2044, and every
four (4) years thereafter; and
(2) at the general election in November 2022, 2026, 2030, 2034, 2038, 2042, and every
four (4) years thereafter;
elect town council members for terms of four (4) years to those offices whose terms expire
at noon January 1 of the following year. The election shall be conducted under this chapter.
(c) Notwithstanding section 5 of this chapter, a town that adopted an ordinance under
section 2.6 of this chapter shall, at the general election in November 2024, 2028, 2032, 2036,
2040, 2044, and every four (4) years thereafter, elect a town clerk-treasurer and town court
judge (if a town court has been established under IC 33-35-1-1) to those offices whose terms
expire at noon January 1 of the following year. The election shall be conducted under this
chapter.
[Pre-1986 Recodification Citations: 3-2-7-1(b); P.L.13-1982, SECTIONS 3 and 4.]
As added by P.L.5-1986, SEC.6. Amended by P.L.5-1988, SEC.3; P.L.11-1988, SEC.7;
P.L.8-1989, SEC.6; P.L.3-1990, SEC.10; P.L.4-1991, SEC.55; P.L.122-2000, SEC.13;
P.L.98-2004, SEC.35; P.L.230-2005, SEC.44; P.L.216-2015, SEC.18; P.L.278-2019,
SEC.44; P.L.193-2021, SEC.30; P.L.141-2023, SEC.16.

IC 3-10-6-7 Repealed
[Pre-1986 Recodification Citations: 3-2-7-1(a) part; 3-2-7-1.5.]
As added by P.L.5-1986, SEC.6. Repealed by P.L.4-1991, SEC.147.

IC 3-10-6-7.5 Restrictions on municipal office elections; nominees on ballot;

exception by resolution
Sec. 7.5. (a) This section applies to a municipal office elected during a municipal or
general election.
(b) Except as provided in subsection (c) or (d), if there is an election for any office of the
municipality, all nominees for each office must be on the ballot.
(c) If:
(1) there is an election for at least one (1) of a municipality's legislative body members;
(2) only the voters who reside in a legislative body district are eligible to vote in the
election for a legislative body member; and
(3) there is no election for an office to be voted on by all voters of the municipality;
the county election board may, by unanimous vote of the entire membership of the board,
adopt a resolution providing that an election will be held only in the legislative body districts
within the municipality in which voters will elect legislative body members under subdivision
(2). The names of unopposed candidates for an office to be voted on by all voters of the
municipality shall not be placed on the ballot used for the election of municipal legislative
body members under this subsection.
(d) This subsection applies only if the county election board adopts a resolution by a

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unanimous vote of the entire membership of the board making this subsection applicable in
the county. An election may not be held for a municipal office if:
(1) there is only one (1) nominee for the office or only one (1) person has filed a
declaration of intent to be a write-in candidate for the office under IC 3-8-2-2.5; and
(2) no person has filed a declaration of intent to be a write-in candidate for the office
under IC 3-8-2-2.5 that results in a contest for election to the same municipal office.
A resolution adopted under this subsection expires on January 1 of the year following the
year the resolution is adopted.
As added by P.L.8-1992, SEC.12. Amended by P.L.3-1995, SEC.87; P.L.4-1996, SEC.48;
P.L.14-2004, SEC.82; P.L.225-2011, SEC.47; P.L.96-2012, SEC.1; P.L.124-2012, SEC.6.

IC 3-10-6-7.6 Elections for municipal offices; prohibition

Sec. 7.6. An election may not be held for a municipal office if:
(1) an election is not required under section 7.5 of this chapter; and
(2) the approval or rejection of a public question is the only other vote that may be cast
on the ballot at the municipal election.
As added by P.L.3-1997, SEC.232.

IC 3-10-6-8 Rights, duties, and required assistance

Sec. 8. Except as otherwise provided in this chapter, the county election board, county
executive, circuit court clerk, voters, and members of political parties in each county in which
a municipal primary election or municipal election will be held have the rights and shall
perform the duties and furnish the assistance that they are required to do for a primary and
general election under IC 3-10-1 and IC 3-11-8.
[Pre-1986 Recodification Citation: 3-2-7-2(a) part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1992, SEC.20; P.L.14-2004, SEC.83.

IC 3-10-6-9 Repealed
[Pre-1986 Recodification Citation: 3-2-8-1.]
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.87; P.L.13-1988, SEC.7.
Repealed by P.L.219-2013, SEC.25.

IC 3-10-6-10 Repealed
[Pre-1986 Recodification Citation: 3-2-8-2.]
As added by P.L.5-1986, SEC.6. Amended by P.L.2-1996, SEC.121. Repealed by
P.L.219-2013, SEC.26.

IC 3-10-6-11 Municipal precincts; use of adjoining precinct polls

Sec. 11. If a precinct is wholly or partly in a municipality, the executive of the county that
contains the greatest percentage of the population of the municipality may designate the polls
for the precinct to be at the polls for an adjoining precinct, using the precinct election board
of the adjoining precinct.
As added by P.L.3-1987, SEC.184. Amended by P.L.10-1988, SEC.88.

IC 3-10-6-12 Nomination of candidates for town offices by certain political

parties
Sec. 12. (a) This section applies to a political party:
(1) not qualified to conduct a primary election under IC 3-10; and
(2) not required to nominate candidates by a petition of nomination under IC 3-8-6.
(b) The political party may conduct a convention to nominate candidates for city or town
office not later than noon on the date specified by IC 3-13-1-7(a)(1) for a major political
party to act to fill a candidate vacancy.
(c) The chairman and secretary of the convention shall execute and acknowledge a

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certificate setting forth the nominees of the convention in accordance with IC 3-8-5-13. The
certificate must be filed with the circuit court clerk of the county containing the greatest
percentage of population of the municipality not later than noon on the date specified by
IC 3-13-1-15(c) for a major political party to file a certificate of candidate selection.
(d) Each candidate nominated under this section shall execute a consent to the nomination
in the same form as a candidate nominated by petition under IC 3-8-6. The consent must be
filed with the certificate under subsection (c).
(e) A candidate's consent to the nomination must include a statement that the candidate
requests the name on the candidate's voter registration record be the same as the name the
candidate uses on the consent to the nomination. If there is a difference between the name on
the candidate's consent to the nomination and the name on the candidate's voter registration
record, the officer with whom the consent to the nomination is filed shall forward the
information to the voter registration officer of the appropriate county as required by
IC 3-5-7-6(d). The voter registration officer of the appropriate county shall change the name
on the candidate's voter registration record to be the same as the name on the candidate's
consent to the nomination.
(f) A question concerning the validity of a candidate's nomination under this section shall
be determined by a county election board in accordance with IC 3-13-1-16.5(b) and
IC 3-13-1-16.5(c).
(g) A nominee who wants to withdraw must file a notice of withdrawal in accordance with
IC 3-8-7-28.
As added by P.L.3-1995, SEC.88. Amended by P.L.144-1999, SEC.6; P.L.202-1999,
SEC.16; P.L.9-2004, SEC.15; P.L.227-2023, SEC.60.

IC 3-10-6-12.5 Notice to withdraw

Sec. 12.5. (a) This section applies to a candidate:
(1) of a political party that is not a major political party; and
(2) nominated by a convention under section 12 of this chapter.
(b) A county election board may not include the name of a candidate on the municipal
election ballot if the person files a notice to withdraw with the board. The notice must:
(1) be signed and acknowledged before an officer authorized to take acknowledgments
of deeds;
(2) have the certificate of acknowledgment appended to the notice; and
(3) be filed with the board not later than noon three (3) days after the adjournment of
the convention.
As added by P.L.176-1999, SEC.62 and P.L.202-1999, SEC.17.

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IC 3-10-6.5 Chapter 6.5. Elections in Even-Numbered Years for Towns
and Certain Cities

3-10-6.5-1 Application of chapter

3-10-6.5-2 "Municipal election year"
3-10-6.5-3 Election for municipal offices in even numbered year; adoption of ordinance
3-10-6.5-4 Required provisions of ordinance
3-10-6.5-5 Election of municipal officers; applicable statutes
3-10-6.5-6 Repeal of ordinance; timing
3-10-6.5-7 Taking effect of ordinance or repealing ordinance

IC 3-10-6.5-1 Application of chapter

Sec. 1. (a) Except as provided in subsection (b), this chapter applies only to the following
municipalities:
(1) A town.
(2) A city with a population of less than three thousand five hundred (3,500).
(b) This chapter does not apply to a municipality located wholly or partially in a county
having a consolidated city.
As added by P.L.107-2020, SEC.1.

IC 3-10-6.5-2 "Municipal election year"

Sec. 2. As used in this chapter, "municipal election year" refers to an odd-numbered year
determined under IC 3-10-6-5.
As added by P.L.107-2020, SEC.1.

IC 3-10-6.5-3 Election for municipal offices in even numbered year; adoption

of ordinance
Sec. 3. During a year immediately before a municipal election year, the legislative body
of a municipality may adopt an ordinance providing that each elected office of the
municipality is elected in an even-numbered year.
As added by P.L.107-2020, SEC.1.

IC 3-10-6.5-4 Required provisions of ordinance

Sec. 4. An ordinance described in section 3 of this chapter must provide the following:
(1) The term of office for each individual elected to an office of the municipality at the
next municipal election year. A term of office set under this subdivision must be either:
(A) one (1) year; or
(B) three (3) years;
as specified in the ordinance for each elected office of the municipality.
(2) That the successors of the individuals elected during the next municipal election
year shall be elected in the following applicable even-numbered year as determined by
the term of office set for each office in the ordinance under subdivision (1).
(3) That the term of office of the successors of the individuals elected for the initial
term of office set for each office under subdivision (1) is four (4) years, beginning
January 1 after their respective elections.
As added by P.L.107-2020, SEC.1.

IC 3-10-6.5-5 Election of municipal officers; applicable statutes

Sec. 5. If a municipality adopts an ordinance under section 3 of this chapter, the elected
officers of the municipality shall be elected under IC 3-10-6 or IC 3-10-7:
(1) whichever is applicable to the municipality; and
(2) to the extent either of those statutes is not inconsistent with this chapter.
As added by P.L.107-2020, SEC.1.

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IC 3-10-6.5-6 Repeal of ordinance; timing
Sec. 6. An ordinance adopted under this chapter:
(1) may not be repealed earlier than twelve (12) years after the ordinance was adopted
under section 3 of this chapter; and
(2) may be repealed only in a year preceding a municipal election year.
As added by P.L.107-2020, SEC.1.

IC 3-10-6.5-7 Taking effect of ordinance or repealing ordinance

Sec. 7. An ordinance adopted under section 3 or 6 of this chapter takes effect when the
ordinance is filed with the circuit court clerk of the county in which the largest percentage
of the population of the municipality is located.
As added by P.L.107-2020, SEC.1.

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IC 3-10-7 Chapter 7. Municipal Elections in Small Towns Located
Outside Marion County

3-10-7-1 Application of chapter

3-10-7-1.5 "Appointed member" defined
3-10-7-2 Municipal elections in general election year; conduct by county election board;
other municipal elections conducted by town election board
3-10-7-2.5 Town ordinance providing length of term for members of legislative body
3-10-7-2.7 Town ordinance for changing times of election of municipal officers; effective
date of ordinance or repealing ordinance
3-10-7-2.9 Changing the year municipal election is held; ordinance; exception
3-10-7-3 Municipal elections coinciding with general elections; conduct by county
election board
3-10-7-4 Agreements between county election board and town
3-10-7-5 Town in county having a consolidated city; conduct of election by county
election board
3-10-7-5.5 County election board conduct of town election unless town legislative body
establishes election board
3-10-7-5.7 Town election boards in towns outside Marion County; applicability of county
vote center plans
3-10-7-6 Restrictions on municipal office elections; nominees on ballot; exception by
resolution
3-10-7-6.1 Elections for municipal offices; prohibition
3-10-7-7 Town election boards; members
3-10-7-8 Repealed
3-10-7-9 Repealed
3-10-7-10 Repealed
3-10-7-11 Chairman; secretary
3-10-7-12 Meetings
3-10-7-13 Minutes of meetings; record of votes
3-10-7-14 Repealed
3-10-7-15 Deputy election commissioners; appointment and removal; residency; duties
3-10-7-16 Employees
3-10-7-17 Purchase of materials, supplies, and equipment
3-10-7-18 Audit of books
3-10-7-19 Assistance by town marshal
3-10-7-20 Compensation of members
3-10-7-21 Powers and duties
3-10-7-22 Precinct election board; members; designation of polls
3-10-7-23 Powers and duties of precinct election board
3-10-7-24 Poll clerks; assistant poll clerks
3-10-7-25 Election sheriffs; precinct judges functioning as sheriffs
3-10-7-26 Nomination of inspector
3-10-7-27 Nomination of election officials
3-10-7-28 Appointment of nominees; vacancies
3-10-7-29 Challengers; pollbook holders
3-10-7-30 List of registered voters; copies
3-10-7-31 Election equipment furnished by county election board
3-10-7-32 Method of voting; determination; duties of election officers
3-10-7-33 Canvass of votes; filing election materials
3-10-7-34 Certification of vote; certificate of election or of approval or rejection of local
public question
3-10-7-35 Appeals

IC 3-10-7-1 Application of chapter

Sec. 1. (a) This chapter applies to municipal elections in towns having a population of less
than three thousand five hundred (3,500) that are not located entirely or partially within a
county having a consolidated city.
(b) Prison inmates may not be counted in determining population size for purposes of this
chapter.

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 [Pre-1986 Recodification Citation: 3-2-7.6-1(a) part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.6-1986, SEC.13; P.L.11-1988, SEC.8;
P.L.15-1995, SEC.3.

IC 3-10-7-1.5 "Appointed member" defined

Sec. 1.5. As used in this chapter, "appointed member" refers to the member of a town
election board who is also the town chairman of a major political party appointed under
IC 3-8-5-3.
As added by P.L.4-1996, SEC.49.

IC 3-10-7-2 Municipal elections in general election year; conduct by county

election board; other municipal elections conducted by town
election board
Sec. 2. (a) The county election board shall conduct elections in towns for town offices or
on public questions submitted to the voters of the town if the town office or public question
will be placed on the ballot during a general election year.
(b) This subsection applies in a year in which a general election is not scheduled to be
conducted. Except as provided in sections 4, 5, and 5.5 of this chapter, the town election
board established under this chapter shall conduct municipal or special elections in towns
subject to this chapter.
[Pre-1986 Recodification Citation: 3-2-7.6-1(a) part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1993, SEC.102; P.L.164-2006, SEC.75.

IC 3-10-7-2.5 Town ordinance providing length of term for members of

legislative body
Sec. 2.5. (a) This section does not apply to a town located wholly or partially within a
county having a consolidated city unless the town has a population of more than one
thousand (1,000) and less than one thousand four hundred (1,400).
(b) A town may adopt an ordinance under IC 3-10-6-2.5, if the town has not adopted an
ordinance under IC 18-3-1-16(b) (before its repeal on September 1, 1981) or P.L.13-1982,
SECTION 3 (before its expiration on January 1, 1988).
As added by P.L.11-1988, SEC.9. Amended by P.L.3-1990, SEC.11; P.L.4-1996, SEC.50;
P.L.3-1997, SEC.233; P.L.170-2002, SEC.7; P.L.119-2012, SEC.7; P.L.11-2023, SEC.7.

IC 3-10-7-2.7 Town ordinance for changing times of election of municipal

officers; effective date of ordinance or repealing ordinance
Sec. 2.7. (a) This section does not apply to a town located wholly or partially within a
county having a consolidated city.
(b) A town may adopt an ordinance during the year preceding a municipal election
conducted under section 2 of this chapter prescribing the length of the term of office for
municipal officers and changing the time municipal elections are held.
(c) The ordinance described in subsection (b) must provide all of the following:
(1) The town legislative body members, clerk-treasurer, or judge elected at the next
municipal election not conducted in a general election year serve a term of three (3)
years.
(2) The successors of the town legislative body members, clerk-treasurer, or judge
described in subdivision (1) shall be chosen at the second general election following
the municipal election and serve a term of four (4) years.
(3) The municipal elections for town offices shall be held during a general election.
(d) A town may repeal an ordinance adopted under subsection (b) subject to both of the
following:
(1) The ordinance may not be repealed earlier than twelve (12) years after the
ordinance was adopted.

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 (2) The ordinance may be repealed only in a year preceding a municipal election held
at the time described in IC 3-10-6-5.
(e) An ordinance described in subsection (b) or an ordinance repealing an ordinance
previously adopted under subsection (b) takes effect when the ordinance is filed with the
circuit court clerk of the county in which the largest percentage of the population of the town
is located.
As added by P.L.4-1996, SEC.51. Amended by P.L.74-2017, SEC.41.

IC 3-10-7-2.9 Changing the year municipal election is held; ordinance;

exception
Sec. 2.9. (a) This section does not apply to a town located wholly or partially within a
county having a consolidated city.
(b) During the year preceding a municipal election conducted under section 2 of this
chapter, a town may adopt an ordinance changing the time municipal elections are held for
the offices of the town legislative body members, clerk-treasurer, and judge.
(c) The ordinance described in subsection (b) must provide all the following:
(1) The years in which town elections shall be held. A town election may not be held
in a year following a year in which an election for presidential electors is held.
(2) That the elections for town offices shall be held during general elections or
municipal elections, or both.
(3) Which town officers are to be elected in each of the years of the town election
cycle. The ordinance must provide that at least two (2) town officers shall be elected
in each year of the town election cycle. The ordinance may provide for all town officers
to be elected at the same election.
(4) The term of office of each town officer elected in the first election cycle after
adoption of the ordinance. A term of office set under this subdivision may not exceed
four (4) years.
(5) That the term of office of each town officer elected after the first election cycle after
adoption of the ordinance is four (4) years.
(6) That the term of office of each town officer begins on January 1 after the election.
(d) A town may repeal an ordinance adopted under subsection (b) subject to both of the
following:
(1) The ordinance may not be repealed earlier than twelve (12) years after the
ordinance was adopted.
(2) The ordinance may be repealed only in a year preceding a municipal election held
at the time described in IC 3-10-6-5.
(e) An ordinance described in subsection (b) or an ordinance repealing an ordinance
previously adopted under subsection (b) takes effect when the ordinance is filed with the
circuit court clerk of the county in which the largest percentage of the population of the town
is located.
As added by P.L.9-2004, SEC.16. Amended by P.L.74-2017, SEC.42; P.L.201-2017, SEC.23.

IC 3-10-7-3 Municipal elections coinciding with general elections; conduct

by county election board
Sec. 3. If a town has established staggered terms for its town council, or has adopted an
ordinance under section 2.7 or 2.9 of this chapter, the county election board shall conduct a
municipal election in that town that coincides with a general election.
[Pre-1986 Recodification Citation: 3-2-7.6-1(a) part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.8-1989, SEC.7; P.L.4-1996, SEC.52;
P.L.9-2004, SEC.17.

IC 3-10-7-4 Agreements between county election board and town

Sec. 4. (a) A county election board and a town may enter into a written agreement

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providing that the county election board will conduct a municipal primary or a municipal
election, or both, in the town.
(b) A town that enters into an agreement described in subsection (a) shall continue to
nominate candidates by convention conducted under IC 3-8-5 or by petition filed under
IC 3-8-6 unless the town nominates candidates in a primary election as provided in
IC 3-8-5-2.
(c) An agreement may not be entered into after September 21 of a year in which a
municipal election is to be held in the town.
(d) A county election board that enters into an agreement under this section shall conduct
the municipal election in the same manner as it conducts a general election in a town that has
a population of three thousand five hundred (3,500) or more.
[Pre-1986 Recodification Citation: 3-2-7.6-1(b).]
As added by P.L.5-1986, SEC.6. Amended by P.L.6-1986, SEC.14; P.L.66-2003, SEC.33;
P.L.14-2004, SEC.84.

IC 3-10-7-5 Town in county having a consolidated city; conduct of election

by county election board
Sec. 5. The county election board shall conduct a municipal election in a town that is
located in a county having a consolidated city. The county election board shall conduct the
municipal election in the same manner as it conducts a consolidated city election. However,
a town that is subject to this section is not required to reimburse the county for any of the
expenses of conducting a municipal election.
[Pre-1986 Recodification Citation: 3-2-7.6-1(c).]
As added by P.L.5-1986, SEC.6.

IC 3-10-7-5.5 County election board conduct of town election unless town

legislative body establishes election board
Sec. 5.5. (a) The county election board shall conduct a municipal election in a town unless
the town legislative body adopts a resolution during the period:
(1) beginning January 1; and
(2) ending August 8;
before the municipal election to establish a town election board under this chapter to conduct
the municipal election.
(b) The town clerk-treasurer must file a copy of the resolution with the circuit court clerk
of the county having the greatest percentage of the population of the town not later than noon
August 21 after the resolution is adopted.
(c) A resolution adopted under this section expires December 31 after its adoption.
As added by P.L.3-1993, SEC.103. Amended by P.L.14-2004, SEC.85.

IC 3-10-7-5.7 Town election boards in towns outside Marion County;

applicability of county vote center plans
Sec. 5.7. (a) This section does not apply in a county having a consolidated city.
(b) A town located wholly or partially within a county designated as a vote center county
under IC 3-11-18.1 may adopt a resolution to establish a town election board under this
section.
(c) Notwithstanding IC 3-11-18.1, if the town adopts a resolution under this section,
voters within the town are not subject to the requirements of the county vote center plan until
the resolution adopted under this section expires.
As added by P.L.278-2019, SEC.45.

IC 3-10-7-6 Restrictions on municipal office elections; nominees on ballot;

exception by resolution
Sec. 6. (a) This section applies to a municipal office elected during a municipal or general

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election.
(b) A municipal election conducted under this chapter shall be held at the time prescribed
by IC 3-10-6.
(c) Except as provided in subsection (d) or (e), if there is an election for any office of the
municipality, all nominees for each office must be on the ballot.
(d) If:
(1) there is an election for at least one (1) of the town's legislative body members;
(2) only the voters who reside in a legislative body district are eligible to vote in the
election for a legislative body member; and
(3) there is no election for an office to be voted on by all voters of the town;
the county election board (or town election board if that board is conducting the election
under this chapter) may, by unanimous vote of the entire membership of the board, adopt a
resolution providing that an election will be held only in the legislative body districts within
the town in which voters will elect legislative body members under subdivision (2). The
names of unopposed candidates for an office to be voted on by all voters of the town shall
not be placed on the ballot used for the election of town legislative body members under this
subsection.
(e) This subsection applies only if the county election board adopts a resolution by a
unanimous vote of the entire membership of the board making this subsection applicable in
the county. This subsection applies to a municipal office elected during a municipal or
general election. An election may not be held for a municipal office if:
(1) there is only one (1) nominee for the office or only one (1) person has filed a
declaration of intent to be a write-in candidate for the office under IC 3-8-2-2.5; and
(2) no person has filed a declaration of intent to be a write-in candidate for the office
under IC 3-8-2-2.5 that results in a contest for election to the same municipal office.
A resolution adopted under this subsection expires on January 1 of the year following the
year the resolution is adopted.
[Pre-1986 Recodification Citation: 3-2-7.6-2.]
As added by P.L.5-1986, SEC.6. Amended by P.L.11-1987, SEC.4; P.L.4-1991, SEC.56;
P.L.8-1992, SEC.13; P.L.3-1995, SEC.89; P.L.4-1996, SEC.53; P.L.14-2004, SEC.86;
P.L.225-2011, SEC.48; P.L.96-2012, SEC.2; P.L.124-2012, SEC.7.

IC 3-10-7-6.1 Elections for municipal offices; prohibition

Sec. 6.1. An election may not be held for a municipal office if:
(1) an election is not required under section 6 of this chapter; and
(2) the approval or rejection of a public question is the only other vote that may be cast
on the ballot at the municipal election.
As added by P.L.3-1997, SEC.234.

IC 3-10-7-7 Town election boards; members

Sec. 7. If a town election board is established under section 5.5 of this chapter, the town
election board consists of the following three (3) members:
(1) The town chairman of each of the major political parties appointed under
IC 3-8-5-3.
(2) The town clerk-treasurer.
[Pre-1986 Recodification Citation: 3-2-7.6-3(a).]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1993, SEC.104; P.L.4-1996, SEC.54;
P.L.169-2015, SEC.81.

IC 3-10-7-8 Repealed
[Pre-1986 Recodification Citation: 3-2-7.6-3(b) part, (c).]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.185; P.L.10-1988, SEC.89.
Repealed by P.L.4-1996, SEC.107.

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IC 3-10-7-9 Repealed
[Pre-1986 Recodification Citation: 3-2-7.6-3(b) part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.90. Repealed by
P.L.4-1996, SEC.107.

IC 3-10-7-10 Repealed
[Pre-1986 Recodification Citation: 3-2-7.6-3(b) part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.91. Repealed by
P.L.4-1996, SEC.107.

IC 3-10-7-11 Chairman; secretary

Sec. 11. The members of a town election board shall select one (1) of the appointed
members to serve as chairman. The town clerk-treasurer shall serve as secretary of the board.
[Pre-1986 Recodification Citation: 3-2-7.6-4.]
As added by P.L.5-1986, SEC.6.

IC 3-10-7-12 Meetings
Sec. 12. A town election board shall hold meetings on call of the chairman whenever
necessary to perform its duties. If the chairman refuses, fails, or is unable to call a meeting,
the two (2) remaining members may meet to perform the duties of the board.
[Pre-1986 Recodification Citation: 3-2-7.6-5(a).]
As added by P.L.5-1986, SEC.6.

IC 3-10-7-13 Minutes of meetings; record of votes

Sec. 13. Minutes of all town election board meetings and a record of the aye and nay vote
of each member on all questions coming before the board shall be kept.
[Pre-1986 Recodification Citation: 3-2-7.6-5(b).]
As added by P.L.5-1986, SEC.6.

IC 3-10-7-14 Repealed
[Pre-1986 Recodification Citation: 3-2-7.6-6.]
As added by P.L.5-1986, SEC.6. Repealed by P.L.164-2006, SEC.143.

IC 3-10-7-15 Deputy election commissioners; appointment and removal;

residency; duties
Sec. 15. (a) A town election board may appoint and at its pleasure remove deputy election
commissioners. A deputy election commissioner appointed under this section must reside in
the town of the election board that appointed the deputy commissioner. If a deputy election
commissioner ceases to be a resident of the town of the election board that appointed the
deputy election commissioner, the person may not continue to serve as a deputy election
commissioner of the town.
(b) The county chairman of each major political party who appointed the chairman of that
political party's town committee under IC 3-8-5-3 shall designate one-half (1/2) of the deputy
commissioners. Deputy election commissioners may assist the town election board in
carrying out its duties in accordance with the rules adopted by the board.
[Pre-1986 Recodification Citation: 3-2-7.6-7(a).]
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.92; P.L.5-1989, SEC.42;
P.L.4-1996, SEC.55.

IC 3-10-7-16 Employees
Sec. 16. A town election board may appoint and at its pleasure remove clerks, custodians,
and other employees that are necessary to execute its powers. The board may prescribe the
duties, fix the rank, and fix the salaries of its appointees.

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 [Pre-1986 Recodification Citation: 3-2-7.6-7(b).]
As added by P.L.5-1986, SEC.6.

IC 3-10-7-17 Purchase of materials, supplies, and equipment

Sec. 17. All materials, supplies, and equipment that are to be paid for out of the town
treasury shall be purchased as provided by statute and paid upon claims filed with the town
clerk-treasurer. The town election board must verify and approve the claims.
[Pre-1986 Recodification Citation: 3-2-7.6-7(c).]
As added by P.L.5-1986, SEC.6.

IC 3-10-7-18 Audit of books

Sec. 18. The books of a town election board shall be audited as are those of other town
officials.
[Pre-1986 Recodification Citation: 3-2-7.6-7(d).]
As added by P.L.5-1986, SEC.6.

IC 3-10-7-19 Assistance by town marshal

Sec. 19. The town marshal, whenever called upon by a town election board, shall assist
the board in the enforcement of the election laws and the discharge of its duties.
[Pre-1986 Recodification Citation: 3-2-7.6-8.]
As added by P.L.5-1986, SEC.6.

IC 3-10-7-20 Compensation of members

Sec. 20. The town legislative body shall determine the compensation of each appointed
member of a town election board. The town legislative body shall fix the compensation in
the same manner as it fixes salaries.
[Pre-1986 Recodification Citation: 3-2-7.6-9.]
As added by P.L.5-1986, SEC.6.

IC 3-10-7-21 Powers and duties

Sec. 21. Except as otherwise provided in this chapter, a town election board conducting
a municipal election under this chapter, the town executive, the town clerk-treasurer, voters,
and members of political parties in each town in which a municipal election is conducted
under this chapter have the same rights and powers, shall perform the same duties, and are
subject to the same qualifications and penalties as a county election board that is conducting
a general election, or the county executive, circuit court clerk, or member of a political party
in a town in which a general election is conducted by the county election board.
[Pre-1986 Recodification Citation: 3-2-7.6-10.]
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.56; P.L.14-2004, SEC.87.

IC 3-10-7-22 Precinct election board; members; designation of polls

Sec. 22. (a) A town election board shall appoint a precinct election board for each
precinct in the town.
(b) If a precinct is wholly or partly in the town, the town election board may designate the
polls for the precinct to be at the polls for an adjoining precinct, using the precinct election
board of the adjoining precinct.
(c) If a precinct election board administers more than one (1) precinct under subsection
(b), the board shall keep the ballots cast in each precinct separate from ballots cast in any
other precinct, so that the votes cast for each candidate and on each public question in each
of the precincts administered by the board may be determined.
(d) Each precinct election board consists of:
(1) one (1) inspector; and
(2) two (2) judges of opposite political parties.

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 (e) The members of a precinct election board must comply with IC 3-6-6.
[Pre-1986 Recodification Citation: 3-2-7.6-11 part.]
As added by P.L.5-1986, SEC.6. Amended by P.L.6-1986, SEC.15; P.L.3-1987, SEC.186;
P.L.230-2005, SEC.45; P.L.219-2013, SEC.27.

IC 3-10-7-23 Powers and duties of precinct election board

Sec. 23. Except as otherwise provided in this chapter, a precinct election board for a
municipal election has the same powers and duties, and is subject to the same qualifications
and penalties, as a precinct election board appointed for a general election under IC 3-6-6-1.
[Pre-1986 Recodification Citation: 3-2-7.6-11 part.]
As added by P.L.5-1986, SEC.6.

IC 3-10-7-24 Poll clerks; assistant poll clerks

Sec. 24. A town election board shall appoint two (2) poll clerks, and may appoint two (2)
assistant poll clerks, of opposite political parties for each precinct in the town. Except as
otherwise provided in this chapter, the poll clerks and assistant poll clerks have the same
powers and duties, and are subject to the same qualifications and penalties, as poll clerks and
assistant poll clerks appointed for a general election under IC 3-6-6-2 and IC 3-6-6-3.
[Pre-1986 Recodification Citation: 3-2-7.6-12.]
As added by P.L.5-1986, SEC.6.

IC 3-10-7-25 Election sheriffs; precinct judges functioning as sheriffs

Sec. 25. (a) A town election board shall appoint two (2) election sheriffs of opposite
political parties for each precinct in the town. Except as otherwise provided in this chapter,
the election sheriffs have the same powers and duties, and are subject to the same
qualifications and penalties, as election sheriffs appointed for a general election under
IC 3-6-6-5.
(b) A town election board may adopt a resolution providing that the judges of each
precinct that:
(1) is located wholly or partially in the town; and
(2) will contain no more than two hundred fifty (250) registered voters on municipal
election day;
shall perform the duties and have the rights of the election sheriffs of the precinct. This
resolution remains in effect until repealed by the town election board.
[Pre-1986 Recodification Citation: 3-2-7.6-13.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1993, SEC.105.

IC 3-10-7-26 Nomination of inspector

Sec. 26. The appointed member of a town election board who represents the major
political party whose nominee received the highest number of votes in the county for
secretary of state at the last election may nominate one (1) person to serve as inspector for
each precinct in the town.
[Pre-1986 Recodification Citation: 3-2-7.6-14(a).]
As added by P.L.5-1986, SEC.6.

IC 3-10-7-27 Nomination of election officials

Sec. 27. Each of the appointed members of a town election board may nominate:
(1) one (1) person to serve as a judge;
(2) one (1) person to serve as an election sheriff, except in a precinct subject to a
resolution adopted under section 25 of this chapter;
(3) one (1) person to serve as a poll clerk; and
(4) one (1) person to serve as an assistant poll clerk, if assistant poll clerks are to be
appointed;

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for each precinct in the town.
[Pre-1986 Recodification Citation: 3-2-7.6-14(b).]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1993, SEC.106.

IC 3-10-7-28 Appointment of nominees; vacancies

Sec. 28. A town election board shall appoint the persons who are nominated under
sections 26 and 27 of this chapter. A vacancy in an office shall be filled by an appointment
made upon the recommendation of the board member who nominated the original officer.
[Pre-1986 Recodification Citation: 3-2-7.6-14(c).]
As added by P.L.5-1986, SEC.6.

IC 3-10-7-29 Challengers; pollbook holders

Sec. 29. Each political party that has a candidate on the ballot in a municipal election
under this chapter may appoint one (1) challenger and one (1) pollbook holder for each
precinct in the town. These persons have the same powers and duties, and are subject to the
same qualifications and penalties, as challengers and pollbook holders appointed under
IC 3-6-7-1.
[Pre-1986 Recodification Citation: 3-2-7.6-15.]
As added by P.L.5-1986, SEC.6.

IC 3-10-7-30 List of registered voters; copies

Sec. 30. (a) The circuit court clerk or board of registration of each county in which a town
described in section 1 of this chapter is located shall prepare copies of the list of registered
voters for each precinct in the town at least ten (10) days before a municipal election under
this chapter. The lists must include the full name, address, and assigned identification number
of each voter. Two (2) copies of the list shall be presented to the town election board for use
at the polls on election day.
(b) Not later than twenty-four (24) days before election day, the circuit court clerk or
board of registration shall provide a list of registered voters in the town to the town election
board to permit the board to conduct absentee ballot voting.
[Pre-1986 Recodification Citation: 3-2-7.6-16(a).]
As added by P.L.5-1986, SEC.6. Amended by P.L.4-1996, SEC.57.

IC 3-10-7-31 Election equipment furnished by county election board

Sec. 31. Upon request of a town election board, the county election board of each county
in which the town is located shall furnish any available equipment that is necessary for a
municipal election, including ballot card voting systems and electronic voting systems. The
town shall pay the expense of moving the equipment to and from the polls and for any loss
of or damage to the equipment.
[Pre-1986 Recodification Citation: 3-2-7.6-17.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.187; P.L.10-1988, SEC.93;
P.L.221-2005, SEC.34.

IC 3-10-7-32 Method of voting; determination; duties of election officers

Sec. 32. (a) A town election board shall determine what voting method will be used in a
municipal election.
(b) The town election board and its precinct election officers shall perform the duties of
the county election board and its precinct election officers under IC 3-11 for each voting
method used.
(c) The town election board shall prepare the ballots in the form prescribed by IC 3-11
and distribute them to the precincts in the town.
(d) This subsection applies only to paper ballots. Notwithstanding subsection (c), the town
election board, by unanimous consent of the board's entire membership, may authorize the

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printing or reproduction of ballots on equipment under the control of the town
clerk-treasurer. If the town election board acts under this subsection, the ballots are not
required to conform to the precise dimensions concerning the size of political party devices
under IC 3-11-2-9 or the placement of a candidate's name under IC 3-11-2-10(f). However,
the ballots must otherwise substantially conform with IC 3-11-2.
[Pre-1986 Recodification Citation: 3-2-7.6-18.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.188; P.L.3-1997, SEC.235;
P.L.58-2005, SEC.13; P.L.190-2011, SEC.3.

IC 3-10-7-33 Canvass of votes; filing election materials

Sec. 33. (a) A town election board shall canvass the votes from a municipal election in
the manner prescribed by IC 3-12-4.
(b) After completion of the canvass, the town election board shall immediately file the
poll lists, ballots, tally sheets, and other election forms with the circuit court clerk of the
county containing the greatest percentage of population of the town for preservation and
voter list maintenance in accordance with IC 3-10-1-31.1.
[Pre-1986 Recodification Citation: 3-2-7.6-19(a).]
As added by P.L.5-1986, SEC.6. Amended by P.L.209-2003, SEC.102; P.L.14-2004,
SEC.88; P.L.193-2021, SEC.31.

IC 3-10-7-34 Certification of vote; certificate of election or of approval or

rejection of local public question
Sec. 34. (a) After completing the canvass of votes under section 33 of this chapter, a town
election board shall make out a certificate:
(1) designating each office and public question;
(2) stating the number of votes:
(A) each candidate has received; and
(B) cast for or against each public question; and
(3) declaring:
(A) the candidate receiving the highest number of votes for each office to be elected;
and
(B) the local public question approved or rejected if the question was placed on the
ballot by the town election board.
(b) The town election board shall present the certificate to the town clerk-treasurer, who
may, upon the request of the candidate or a person entitled to request a recount of the votes
cast on a public question, issue a:
(1) certificate of election to each person elected; or
(2) certificate declaring the local public question approved or rejected.
[Pre-1986 Recodification Citation: 3-2-7.6-19(b).]
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.94; P.L.4-1991, SEC.57.

IC 3-10-7-35 Appeals
Sec. 35. (a) Any voter of a town who disagrees with a decision of the town clerk-treasurer
or the town election board under this chapter may appeal the decision to the county election
board of the county containing the greatest percentage of population of the town before a
municipal election under this chapter.
(b) The appeal must be in the form of a brief written statement setting forth the grounds
of the appeal, together with any documents relevant to the matter.
(c) The county election board shall render a decision on the appeal within ten (10) days
after the board receives the statement.
[Pre-1986 Recodification Citation: 3-2-7.6-20.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.189; P.L.4-1996, SEC.58.

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IC 3-10-8 Chapter 8. Special Elections

3-10-8-1 When special election must be held

3-10-8-2 Filling vacancies
3-10-8-3 Writs of election
3-10-8-4 Notice of special election; information to be published; filing
3-10-8-4.5 Offices and agencies to be notified of special election
3-10-8-5 Law governing nomination of candidates
3-10-8-6 Holding of elections at time other than that of general election
3-10-8-7 Vacancy in United States Senate; nominating candidates
3-10-8-7.5 Special elections for United States Representative; nomination of candidates;
filing of candidate documents; withdrawal of candidate; absentee ballots
3-10-8-8 Special elections ordered by court or recount commission
3-10-8-9 Registration period; poll lists; candidate limitations

IC 3-10-8-1 When special election must be held

Sec. 1. A special election shall be held in the following cases:
(1) Whenever two (2) or more candidates for a federal, state, legislative, circuit, or
school board office receive the highest and an equal number of votes for the office,
except as provided in Article 5, Section 5 of the Constitution of the State of Indiana or
in IC 20.
(2) Whenever a vacancy occurs in the office of United States Senator, as provided in
IC 3-13-3-1.
(3) Whenever a vacancy occurs in the office of United States Representative unless the
vacancy occurs less than seventy-four (74) days before a general election.
(4) Whenever a vacancy occurs in any local office the filling of which is not otherwise
provided by law.
(5) Whenever required by law for a public question.
(6) Whenever ordered by a court under IC 3-12-8-17 or the state recount commission
under IC 3-12-11-18.
(7) Whenever required under IC 3-13-5 to fill a vacancy in a legislative office unless
the vacancy occurs less than seventy-four (74) days before a general election.
[Pre-1986 Recodification Citation: 3-1-19-1.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.190; P.L.10-1989, SEC.1;
P.L.164-2006, SEC.76; P.L.219-2013, SEC.28.

IC 3-10-8-2 Filling vacancies

Sec. 2. A vacancy in a local office to be filled under this chapter shall be filled for the
unexpired term unless prohibited by the Constitution of the State of Indiana. However, if it
will not be necessary to exercise the functions of the office before the expiration of the term
in which the vacancy exists or will occur, it is not necessary to fill the vacancy.
[Pre-1986 Recodification Citation: 3-1-19-2.]
As added by P.L.5-1986, SEC.6.

IC 3-10-8-3 Writs of election

Sec. 3. (a) The governor, court, or state recount commission shall order a special election
under this chapter by issuing a writ of election directed to the circuit court clerk of each
county located wholly or partially within the election district.
(b) The writ must specify:
(1) the election district in which the election is to be held;
(2) the cause and object of the election;
(3) the name of the person whose office is vacant; and
(4) the day on which the election will be held.
(c) A special election to be held in an election district situated in two (2) or more counties

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shall be held on the same day in each county.
[Pre-1986 Recodification Citation: 3-1-19-3.]
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1989, SEC.2.

IC 3-10-8-4 Notice of special election; information to be published; filing

Sec. 4. (a) Each circuit court clerk who is required to conduct a special election under
Indiana law or receives a writ ordering a special election shall publish in accordance with
IC 5-3-1 the following information:
(1) Under the proper political party or independent candidate designation:
(A) the title of office; and
(B) the names and addresses of all candidates who have filed for election to the
office, except for an individual with a restricted address under IC 36-1-8.5;
if an elected office will be on the ballot at the special election.
(2) The text of any public question to be submitted to the voters.
(3) The date of the election.
(4) The hours during which the polls will be open.
(5) The dates, times, and locations of voting at the circuit court clerk's office and at
satellite offices under IC 3-11-10-26.
(b) The county election board or town election board shall file a notice of a special
election conducted under this chapter with the election division not later than noon seven (7)
days after publishing the notice under subsection (a).
[Pre-1986 Recodification Citation: 3-1-19-4.]
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1988, SEC.95; P.L.3-1993, SEC.107;
P.L.12-1995, SEC.65; P.L.2-1996, SEC.122; P.L.3-1997, SEC.236; P.L.216-2015, SEC.19;
P.L.278-2019, SEC.46; P.L.109-2021, SEC.12; P.L.227-2023, SEC.61.

IC 3-10-8-4.5 Offices and agencies to be notified of special election

Sec. 4.5. Whenever the election division receives a notice under section 4 of this chapter,
the election division shall notify the following offices and agencies that a special election will
be conducted within all or part of Indiana:
(1) Each agency serving persons with disabilities and designated as a voter registration
site under IC 3-7-16.
(2) Armed forces recruitment offices in accordance with procedures established under
IC 3-7-17.
(3) Each agency designated as a voter registration site and subject to IC 3-7-18.
(4) The bureau of motor vehicles for voter registration purposes under IC 9-24-2.5.
(5) The adjutant general for purposes of enforcing IC 10-16-7-17.
(6) The division of family resources for voter registration purposes under IC 12-14-1.5,
IC 12-14-25, and IC 12-15-1.5.
(7) The Indiana department of health for voter registration purposes under
IC 16-35-1.6.
(8) The Federal Voting Assistance Program of the United States Department of
Defense, for notification of absent uniformed services voters and overseas voters.
As added by P.L.12-1995, SEC.66. Amended by P.L.2-1996, SEC.123; P.L.2-1997, SEC.8;
P.L.3-1997, SEC.237; P.L.204-2001, SEC.2; P.L.2-2003, SEC.10; P.L.145-2006, SEC.2;
P.L.10-2010, SEC.1; P.L.56-2023, SEC.5.

IC 3-10-8-5 Law governing nomination of candidates

Sec. 5. (a) Special elections are governed by other provisions of this title as far as
applicable.
(b) Except as provided in section 7 of this chapter, IC 3-12-8-17, or IC 3-12-11-18,
candidates in special elections shall be nominated in the same manner as candidates are
nominated:

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 (1) to fill vacancies on the ballot under IC 3-13-1 or IC 3-13-2; or
(2) under IC 3-8-6, if a candidate does not intend to affiliate with a regular political
party or represents a political party not qualified to nominate candidates at a primary
election or by convention.
[Pre-1986 Recodification Citations: 3-1-7-32; 3-1-19-5.]
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1989, SEC.3; P.L.3-1997, SEC.238.

IC 3-10-8-6 Holding of elections at time other than that of general election

Sec. 6. (a) Except as provided in subsection (b) or (c), if a special election is held at a
time other than the time of a general election, the election shall be held in accordance with
this title. Each county election board and other local public official who is required to
perform any duties in connection with a general election shall perform the same duties for
the special election, subject to the same provisions and penalties as for a general election.
(b) If a special election is held:
(1) under a court order under IC 3-12-8; or
(2) for a local public question;
the county election board may provide that several precincts may vote in the special election
at the same polling place, if the county election board finds by unanimous vote of the entire
membership of the board that the consolidation of polling places will not result in undue
inconvenience to voters.
(c) If a special election is held:
(1) under a court order under IC 3-12-8 for a school board office; or
(2) for a local public question;
the county election board may by unanimous vote of the entire membership of the board
adopt a resolution to provide that each precinct election board will include only one (1)
inspector and one (1) judge, and that only one (1) sheriff and one (1) poll clerk may be
nominated as precinct election officers. If the board has adopted a resolution under
subsection (b), a resolution adopted under this subsection may also provide for more than one
(1) precinct to be served by the same precinct election board. A resolution adopted under this
subsection may not be rescinded by the county election board and expires the day after the
special election is conducted.
(d) The following procedures apply if a county election board adopts a resolution under
subsection (c):
(1) The inspector shall be nominated by the county chairman entitled to nominate an
inspector under IC 3-6-6-8.
(2) The judge shall act as a clerk whenever this title requires that two (2) clerks perform
a duty.
(3) The poll clerk shall act as a judge whenever this title requires that two (2) judges
perform a duty.
(4) If a precinct election board administers more than one (1) precinct, the board shall
keep the ballots cast in each precinct separate from ballots cast in any other precinct,
so that the votes cast for each candidate and on each public question in each of the
precincts administered by the board may be determined.
[Pre-1986 Recodification Citation: 3-1-19-6.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1989, SEC.7; P.L.3-1993, SEC.108;
P.L.3-1997, SEC.239; P.L.14-2004, SEC.89; P.L.230-2005, SEC.46.

IC 3-10-8-7 Vacancy in United States Senate; nominating candidates

Sec. 7. A candidate for the office of United States Senator in a special election held to fill
a vacancy in accordance with IC 3-13-3-1 shall be nominated:
(1) at a primary election held under IC 3-10-1, if the vacancy occurs no later than noon
on the first date that a petition of nomination can be filed with a county voter
registration office under IC 3-8-2-10 before the primary election;

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 (2) as provided in IC 3-13-1-3, if the vacancy occurs after noon on the first date that
a petition of nomination can be filed with a county voter registration office under
IC 3-8-2-10 before a primary election held under IC 3-10-1; or
(3) under IC 3-8-6, if a candidate is an independent candidate or represents a political
party not qualified to nominate candidates at a primary election.
As added by P.L.10-1989, SEC.4. Amended by P.L.3-1993, SEC.109; P.L.194-2013, SEC.34.

IC 3-10-8-7.5 Special elections for United States Representative; nomination

of candidates; filing of candidate documents; withdrawal of
candidate; absentee ballots
Sec. 7.5. (a) This section applies to a special election to fill one (1) or more vacancies in
the office of United States Representative under 2 U.S.C. 8(b).
(b) A special election conducted under this section shall be governed by other provisions
of this title as far as applicable.
(c) A political party entitled to fill a candidate vacancy under IC 3-13-2 shall nominate
a candidate for election to the office under IC 3-13-2-3.
(d) A candidate who does not intend to affiliate with a political party described by
subsection (c) shall:
(1) be nominated as an independent or a candidate of a political party by petition in
accordance with IC 3-8-6; or
(2) file a declaration of intent to be a write-in candidate under IC 3-8-2-4(b).
(e) A certificate of candidate selection under IC 3-13-2-8, a petition of nomination, or a
declaration of intent to be a write-in candidate must be filed with the election division not
later than noon thirty-five (35) days before the special election is to be conducted.
(f) A candidate shall file a notice of withdrawal with the election division not later than
noon thirty-three (33) days before the special election is to be conducted.
(g) As required under 2 U.S.C. 8(b)(5)(B), a county election board shall accept an
absentee ballot cast by an absent uniformed services voter or an overseas voter for up to
forty-five (45) days after the absentee ballot is transmitted to the voter.
(h) Notwithstanding IC 3-12-5-8(a), if a ballot accepted under subsection (g) is
determined by the county election board to be otherwise valid, the circuit court clerk shall
file an amendment to the certified statement previously filed under IC 3-12-5-6 with the
election division not later than noon seven (7) days following the determination of the
validity of the ballot. Notwithstanding IC 3-12-5-9, the election division, the secretary of
state, and the governor shall prepare, execute, and transmit a replacement certificate of
election if the amendment filed under this subsection results in a different candidate receiving
the highest number of votes for the office.
As added by P.L.219-2013, SEC.29. Amended by P.L.278-2019, SEC.47.

IC 3-10-8-8 Special elections ordered by court or recount commission

Sec. 8. (a) A special election ordered by:
(1) a court under IC 3-12-8-17; or
(2) the state recount commission under IC 3-12-11-18;
shall be held on the ninth Tuesday after the court or commission enters an order requiring an
election.
(b) The names of all candidates for a contested office must appear on the ballot in the
special election held under this section unless a candidate vacancy has occurred.
(c) A special election held under this section may be held in all or part of an election
district, as specified in an order by:
(1) a court under IC 3-12-8-17; or
(2) the state recount commission under IC 3-12-11-18.
As added by P.L.10-1989, SEC.5.

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IC 3-10-8-9 Registration period; poll lists; candidate limitations
Sec. 9. (a) If the special election occurs during the period when registration is open under
IC 3-7-13, the registration period continues through the twenty-ninth day before the special
election occurs and resumes on the date specified by IC 3-7-13-10(d).
(b) The election board conducting the special election shall provide poll lists for use at
the precincts that include the names of voters in the precinct who:
(1) have registered through the twenty-ninth day before the special election is to be
conducted; or
(2) are absent uniformed services voters or overseas voters registered under IC 3-7-36.
(c) This subsection applies when a special election is ordered by a court under
IC 3-12-8-17 or the state recount commission under IC 3-12-11-18. A candidate may not be
placed on the special election ballot unless the candidate was on the ballot or was a declared
write-in candidate for the office at the general election preceding the special election.
As added by P.L.3-1993, SEC.110. Amended by P.L.12-1995, SEC.67; P.L.3-1995, SEC.90;
P.L.14-2004, SEC.90; P.L.10-2010, SEC.2.

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IC 3-10-9 Chapter 9. Local Public Questions

3-10-9-1 Application of chapter

3-10-9-2 Duty to place question on ballot
3-10-9-2.5 Local public question petitions; compliance with documentation of assistance
to voters with disabilities
3-10-9-3 Certification of question
3-10-9-4 Form of question
3-10-9-5 Statutory authorization for question
3-10-9-6 Petition for placement on ballot

IC 3-10-9-1 Application of chapter

Sec. 1. This chapter applies to voting on all local public questions.
As added by P.L.3-1987, SEC.191. Amended by P.L.278-2019, SEC.48; P.L.156-2020,
SEC.2.

IC 3-10-9-2 Duty to place question on ballot

Sec. 2. The:
(1) county election board of each county included in the election district voting on the
public question; or
(2) town election board if a public question is to be voted on at an election conducted
by a town election board;
shall place the public question on the ballot in accordance with this chapter.
As added by P.L.3-1987, SEC.191. Amended by P.L.4-1991, SEC.58.

IC 3-10-9-2.5 Local public question petitions; compliance with

documentation of assistance to voters with disabilities
Sec. 2.5. If a petition is required to place a local public question on the ballot, the petition
must comply with the requirements set forth in IC 3-8-6-6(b) concerning documentation of
assistance to a voter with disabilities.
As added by P.L.278-2019, SEC.49.

IC 3-10-9-3 Certification of question

Sec. 3. If a local public question must be certified to an election board by law, that
certification must occur no later than noon:
(1) seventy-four (74) days before a primary election if the public question is to be
placed on the primary or municipal primary election ballot; or
(2) August 1 if the public question is to be placed on the general or municipal election
ballot.
As added by P.L.3-1987, SEC.191. Amended by P.L.10-1988, SEC.96; P.L.4-1991, SEC.59;
P.L.225-2011, SEC.49.

IC 3-10-9-4 Form of question

Sec. 4. (a) The public question shall be placed on the ballot in substantially the following
form:
(The explanatory text for the public question, if required by law):
"Shall (insert public question)?"
[] YES
[] NO
(b) A public question printed on a ballot shall be set forth without any quotation marks
preceding or following the text of the public question.
As added by P.L.3-1987, SEC.191. Amended by P.L.278-2019, SEC.50.

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IC 3-10-9-5 Statutory authorization for question
Sec. 5. A local public question may not be placed on the ballot at an election unless the
placement of the local public question on the ballot at the election is expressly authorized by
statute.
As added by P.L.3-1987, SEC.191. Amended by P.L.10-1988, SEC.97.

IC 3-10-9-6 Petition for placement on ballot

Sec. 6. (a) If a statute requires the submission of a petition for the placement of a local
public question on the ballot, the petition must:
(1) state the day of the election for which the petitioners seek the placement of the
question on the ballot;
(2) contain the signature of each petitioner;
(3) contain the printed name of each petitioner; and
(4) state the residence address of each petitioner as set forth on the county voter
registration record (or the mailing address if no residence address is set forth on the
record).
(b) A petition is not valid for the placement of the public question on the ballot on any
other election day.
As added by P.L.10-1988, SEC.98. Amended by P.L.3-1995, SEC.91; P.L.3-1997, SEC.240.

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IC 3-10-10 Chapter 10. Special Procedures for Presidential Elections

3-10-10-1 Purpose of chapter

3-10-10-2 Applicability of chapter
3-10-10-3 Conditions for applicability of voting procedures
3-10-10-4 Affidavit; execution
3-10-10-5 Affidavit; copy to voter
3-10-10-6 Affidavits, forms, and records to be marked for presidential election only
3-10-10-7 Affidavit; required information
3-10-10-8 Affidavit; form
3-10-10-9 Voter executing affidavit challenged as ineligible; provisional ballot;
sufficiency of affidavit

IC 3-10-10-1 Purpose of chapter

Sec. 1. This chapter is enacted to implement 52 U.S.C. 10502 concerning voting for
President and Vice President of the United States.
As added by P.L.12-1995, SEC.68. Amended by P.L.74-2017, SEC.43.

IC 3-10-10-2 Applicability of chapter

Sec. 2. Notwithstanding other provisions in IC 3-7 concerning residency requirements for
voting, special procedures apply for voting in presidential elections. The presidential voting
procedures in this chapter apply only to a general election at which presidential electors are
voted upon.
As added by P.L.12-1995, SEC.68. Amended by P.L.201-2017, SEC.24.

IC 3-10-10-3 Conditions for applicability of voting procedures

Sec. 3. The presidential voting procedures in this chapter apply to a person who satisfies
all of the following conditions:
(1) The person resided in a precinct in Indiana.
(2) The person lost residency in Indiana less than thirty (30) days before the general
election.
(3) The person was a qualified and registered voter while a resident of that precinct.
(4) The person is otherwise legally qualified to vote.
(5) The person does not meet the residency requirements of the state, precinct, or
political subdivision in which the person resides.
As added by P.L.12-1995, SEC.68. Amended by P.L.194-2013, SEC.35.

IC 3-10-10-4 Affidavit; execution

Sec. 4. (a) The affidavit required under this chapter for voting in presidential elections
may be executed only:
(1) at the office of the circuit court clerk or board of registration before the day of the
general election;
(2) before the precinct election board of the precinct where the person formerly resided,
if the affidavit is executed on the day of the general election; or
(3) when the application for an absentee ballot is filed.
(b) In years in which a presidential election is conducted, at least one (1) copy of the
affidavit must be included in the material provided for the inspector of each precinct.
As added by P.L.12-1995, SEC.68.

IC 3-10-10-5 Affidavit; copy to voter

Sec. 5. The circuit court clerk or board of registration shall mail a copy of the affidavit
to any voter who requests a copy not later than five (5) days before election day. If the voter
returns the affidavit to the office of the clerk or board before the day of the general election,
the affidavit shall be processed as if the affidavit had been executed in the office.

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As added by P.L.12-1995, SEC.68.

IC 3-10-10-6 Affidavits, forms, and records to be marked for presidential

election only
Sec. 6. All affidavits, forms, and records of voter registration must be clearly marked to
indicate that, in this general election, the voter may only vote for presidential electors.
As added by P.L.12-1995, SEC.68. Amended by P.L.201-2017, SEC.25.

IC 3-10-10-7 Affidavit; required information

Sec. 7. The affidavits for presidential voting under this chapter must contain the following
information:
(1) The person's last, first, and middle name, in that order.
(2) The person's assigned identification number.
(3) The person's date of birth.
(4) Whether the person is a citizen of the United States.
(5) The person's present residence address.
(6) The address of the person's previous residence in Indiana, including the county.
(7) The person's statement that the person satisfies the conditions set forth in section
3 of this chapter.
As added by P.L.12-1995, SEC.68. Amended by P.L.169-2015, SEC.82.

IC 3-10-10-8 Affidavit; form

Sec. 8. The election division shall prescribe the form of the affidavit required by this
chapter.
As added by P.L.12-1995, SEC.68. Amended by P.L.2-1996, SEC.124; P.L.169-2015,
SEC.83.

IC 3-10-10-9 Voter executing affidavit challenged as ineligible; provisional

ballot; sufficiency of affidavit
Sec. 9. If a voter executes an affidavit under this chapter and is then challenged under
IC 3-11-8 as ineligible to vote in the precinct, the voter shall be provided with a provisional
ballot under IC 3-11.7 rather than a regular official ballot. The affidavit executed under this
chapter serves as a sufficient affidavit for the voter to receive a provisional ballot under
IC 3-11.7.
As added by P.L.164-2006, SEC.77.

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IC 3-10-11 Chapter 11. Special Procedures for Certain Indiana Voters to
Vote in Precinct of Former Residence

3-10-11-1 Applicability of chapter

3-10-11-2 Conditions for applicability of voting procedures
3-10-11-3 Precinct of person's former residence
3-10-11-4 Voting in precinct of former residence; affidavit; municipal elections
3-10-11-4.5 Voter executing affidavit challenged as ineligible; provisional ballot;
sufficiency of affidavit
3-10-11-5 Affidavit; required information
3-10-11-6 Affidavit; form
3-10-11-7 Affidavit; methods of execution
3-10-11-8 Affidavit; presentation required
3-10-11-9 Affidavit; attached to absentee ballot
3-10-11-10 Affidavit; execution in presence of inspector; providing voter registration
application

IC 3-10-11-1 Applicability of chapter

Sec. 1. This chapter:
(1) applies to a general, municipal, primary, school district, and special election; and
(2) is enacted to implement Article 2, Section 2(c) of the Constitution of the State of
Indiana.
As added by P.L.12-1995, SEC.69. Amended by P.L.176-1999, SEC.63.

IC 3-10-11-2 Conditions for applicability of voting procedures

Sec. 2. This chapter applies to a person who satisfies all of the following conditions:
(1) The person resided in a precinct in Indiana.
(2) The person currently resides in Indiana.
(3) The person lost residency in the precinct of the person's former residence less than
thirty (30) days before the election.
(4) The person was a qualified and registered voter of the precinct of the person's
former residence.
(5) The person is otherwise legally qualified to vote.
(6) The person is not registered in the precinct of the person's present residence.
(7) The person requests a transfer of the person's registration.
As added by P.L.12-1995, SEC.69. Amended by P.L.194-2013, SEC.36.

IC 3-10-11-3 Precinct of person's former residence

Sec. 3. As used in this chapter, "precinct of the person's former residence" refers to the
precinct in which the person resided on the thirty-first day before the election.
As added by P.L.12-1995, SEC.69.

IC 3-10-11-4 Voting in precinct of former residence; affidavit; municipal

elections
Sec. 4. (a) Notwithstanding other provisions of this title concerning residency
requirements for voting, but subject to subsection (b), a person described in section 2 of this
chapter may vote in the precinct of the person's former residence by executing an affidavit
described in this chapter.
(b) A person who changes residence from a location:
(1) outside a municipality to a location within a municipality; or
(2) within a municipality to a location outside a municipality;
less than thirty (30) days before a municipal primary election, municipal election, or special
election held only within the municipality may not vote in the municipal primary election,
municipal election, or special election held only within the municipality in the precinct of the

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person's former residence.
(c) This subsection applies to a county that has adopted an order under IC 3-7-29-6 or is
a vote center county under IC 3-11-18.1-1. A voter may make a written affirmation under this
section on election day using the affidavit described by this section. If the voter makes an oral
affirmation, the poll clerks shall reduce the substance of the affirmation to writing using the
affidavit described by this section and initial the affirmation.
As added by P.L.12-1995, SEC.69. Amended by P.L.194-2013, SEC.37; P.L.169-2015,
SEC.84.

IC 3-10-11-4.5 Voter executing affidavit challenged as ineligible; provisional

ballot; sufficiency of affidavit
Sec. 4.5. If a voter executes an affidavit under this chapter and is then challenged under
IC 3-10-1 or IC 3-11-8 as ineligible to vote in the precinct, the voter shall be provided with
a provisional ballot under IC 3-11.7 rather than a regular official ballot. The affidavit
executed under this chapter serves as a sufficient affidavit for the voter to receive a
provisional ballot under IC 3-11.7.
As added by P.L.164-2006, SEC.78.

IC 3-10-11-5 Affidavit; required information

Sec. 5. An affidavit executed under this chapter must contain the following information:
(1) The person's last, first, and middle name, in that order.
(2) The person's date of birth.
(3) Whether the person is a United States citizen.
(4) The person's current address, including the county. If the person resides in a
municipality, the address must include the street address, including apartment number
or other designation, or the name and room number of the hotel or lodging house. If the
person does not reside in a municipality, the address must include the mailing address
and the street or road.
(5) The address of the person's previous residence, including the county.
(6) The person's statement that the person satisfies the conditions set forth in section
2 of this chapter.
(7) Responses to the questions listed in IC 3-7-22-5(3) and IC 3-7-22-5(4).
(8) The person's voter identification number to permit transfer of the registration under
IC 3-7-13-13.
As added by P.L.12-1995, SEC.69. Amended by P.L.209-2003, SEC.103; P.L.164-2006,
SEC.79; P.L.64-2014, SEC.38; P.L.169-2015, SEC.85.

IC 3-10-11-6 Affidavit; form

Sec. 6. The election division shall prescribe the form of the affidavit required by this
chapter that must permit the person to execute a request for transfer of the person's
registration.
As added by P.L.12-1995, SEC.69. Amended by P.L.2-1996, SEC.125; P.L.169-2015,
SEC.86.

IC 3-10-11-7 Affidavit; methods of execution

Sec. 7. The affidavit required by this chapter may be executed as follows:
(1) At the office of the circuit court clerk or the board of registration for the county of
the precinct of the person's former residence, not later than 4 p.m. on the day before the
election.
(2) Before the inspector of the precinct of the person's former residence, if the
application and statement are executed on the day of the election.
(3) When the application for an absentee ballot is filed with the county election board
of the county of the precinct of the person's former residence.

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As added by P.L.12-1995, SEC.69.

IC 3-10-11-8 Affidavit; presentation required

Sec. 8. If the person executes the affidavit under this chapter at the office of the circuit
court clerk or board of registration before the day of the election, the clerk or board shall
furnish a copy of the affidavit to the person. The person shall present the copy to the
inspector of the precinct of the person's former residence when the person offers to vote in
that precinct under IC 3-11-8.
As added by P.L.12-1995, SEC.69.

IC 3-10-11-9 Affidavit; attached to absentee ballot

Sec. 9. If the person executes the affidavit under this chapter when filing an application
for an absentee ballot, the county election board shall attach the original or a copy of the
affidavit to the person's application for an absentee ballot before the application and ballot
are delivered to the inspector of the precinct of the person's former residence.
As added by P.L.12-1995, SEC.69.

IC 3-10-11-10 Affidavit; execution in presence of inspector; providing voter

registration application
Sec. 10. If the person executes the affidavit under this chapter before the inspector of the
precinct of the person's former residence on the day of the election, the inspector shall do
both of the following:
(1) Provide the person with a voter registration application, and request that the person
complete and sign the application.
(2) Return the original affidavit and any completed voter registration application to the
county voter registration office after the closing of the polls.
As added by P.L.12-1995, SEC.69. Amended by P.L.194-2013, SEC.38.

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IC 3-10-12 Chapter 12. Special Procedures for Certain Indiana Voters to
Vote in Precinct of Former Residence Under NVRA

3-10-12-1 Purpose of chapter

3-10-12-2 Applicability of chapter
3-10-12-3 Repealed
3-10-12-3.4 Voter who changes residence voting in municipal election
3-10-12-3.5 Affirmation must include voter identification number
3-10-12-4 Execution of written affirmation; providing voter registration application
3-10-12-5 Voter making affirmation challenged as ineligible; provisional ballot;
sufficiency of affidavit

IC 3-10-12-1 Purpose of chapter

Sec. 1. This chapter:
(1) prescribes the procedure for certain voters to cast ballots under 52 U.S.C.
20507(e)(2) in a precinct where the voter formerly resided; and
(2) is enacted to implement Article 2, Section 2(c) of the Constitution of the State of
Indiana.
As added by P.L.12-1995, SEC.70. Amended by P.L.176-1999, SEC.64; P.L.128-2015,
SEC.153.

IC 3-10-12-2 Applicability of chapter

Sec. 2. This chapter applies to a general, municipal, primary, school district, and special
election.
As added by P.L.12-1995, SEC.70.

IC 3-10-12-3 Repealed
As added by P.L.12-1995, SEC.70. Amended by P.L.3-1995, SEC.92; P.L.176-1999,
SEC.65; P.L.202-1999, SEC.18. Repealed by P.L.230-2005, SEC.91.

IC 3-10-12-3.4 Voter who changes residence voting in municipal election

Sec. 3.4. (a) This section applies to a voter who:
(1) changes residence from a precinct in a county to another precinct:
(A) in the same county; and
(B) in the same congressional district;
as the former precinct; and
(2) does not notify the county voter registration office of the change of address before
election day.
(b) A voter described by subsection (a) may:
(1) correct the voter registration record; and
(2) vote in the precinct where the voter formerly resided;
if the voter makes an oral affirmation as described in subsection (e) or uses the affidavit
prescribed by the election division under IC 3-10-11-6 to make a written affirmation as
described in section 4 of this chapter of the voter's current residence address.
(c) A voter who moved outside of a municipality may not return to the precinct where the
voter formerly resided to vote in a municipal election.
(d) A voter who moved from a location outside a municipality to a location within a
municipality before a:
(1) municipal primary election;
(2) municipal election; or
(3) special election held only within the municipality;
may not vote in the municipal primary election, municipal election, or special election held
only within the municipality in the precinct of the person's former residence.
(e) A voter entitled to make a written affirmation under subsection (b) may make an oral

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affirmation. The voter must make the oral affirmation before the poll clerks of the precinct.
After the voter makes an oral affirmation under this subsection, the poll clerks shall:
(1) reduce the substance of the affirmation to writing at an appropriate location on the
poll list; and
(2) initial the affirmation.
As added by P.L.230-2005, SEC.47. Amended by P.L.194-2013, SEC.39; P.L.74-2017,
SEC.44.

IC 3-10-12-3.5 Affirmation must include voter identification number

Sec. 3.5. The written affirmation described in section 3.4 of this chapter must include the
person's voter identification number to permit transfer of the registration under IC 3-7-13-13.
As added by P.L.209-2003, SEC.104. Amended by P.L.230-2005, SEC.48; P.L.164-2006,
SEC.80.

IC 3-10-12-4 Execution of written affirmation; providing voter registration

application
Sec. 4. (a) The written affirmation described in section 3.4 of this chapter may be
executed as follows:
(1) At the county voter registration office for the county of the precinct of the person's
former residence, not later than 4 p.m. on the day before the election.
(2) Before the inspector of the precinct of the person's former residence, if the
application and statement are executed on the day of the election.
(3) When the application for an absentee ballot is filed with the county election board
of the county of the precinct of the person's former residence.
(b) If the person executes the affidavit under this section at the county voter registration
office before the day of the election, the office shall furnish a copy of the affirmation to the
person. The person shall present the copy to the inspector of the precinct of the person's
former residence when the person offers to vote in that precinct under IC 3-11-8.
(c) If the person executes the affirmation under this section when filing an application for
an absentee ballot, the county election board shall attach the original or a copy of the
affirmation to the person's application for an absentee ballot before the application and ballot
are delivered to the inspector of the precinct of the person's former residence.
(d) If the person executes the affirmation under this section before the inspector of the
precinct of the person's former residence on the day of the election, the inspector shall do
both of the following:
(1) Provide the person with a voter registration application, if the person's current
address is located within the same county as the precinct of the person's former
residence, and request that the person complete and sign the application.
(2) Return the original affirmation to the county election board.
The county election board shall forward the affidavit and any completed voter registration
application to the county voter registration office after the closing of the polls.
(e) This subsection applies to a county that has adopted an order under IC 3-7-29-6 or is
a vote center county under IC 3-11-18.1-1. A voter may make a written affirmation under
section 3.4 of this chapter on election day using the affidavit described by IC 3-10-11-4. If
the voter makes an oral affirmation under section 3.4 of this chapter, the poll clerks shall
reduce the substance of the affirmation to writing using the affidavit described by
IC 3-10-11-4 and initial the affirmation.
As added by P.L.3-1995, SEC.93. Amended by P.L.230-2005, SEC.49; P.L.194-2013,
SEC.40; P.L.169-2015, SEC.87.

IC 3-10-12-5 Voter making affirmation challenged as ineligible; provisional

ballot; sufficiency of affidavit
Sec. 5. If a voter makes an oral or a written affirmation under this chapter and is then

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challenged under IC 3-10-1 or IC 3-11-8 as ineligible to vote in the precinct, the voter shall
be provided with a provisional ballot under IC 3-11.7 rather than a regular official ballot. The
oral or written affirmation made under this chapter serves as a sufficient affidavit for the
voter to receive a provisional ballot under IC 3-11.7.
As added by P.L.164-2006, SEC.81.

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IC 3-11 ARTICLE 11. VOTING METHODS, SUPPLIES, AND
EQUIPMENT

Ch. 1. Repealed
Ch. 1.5. Precincts
Ch. 2. General Election Ballot Form for Paper Ballots
Ch. 3. Distribution of Ballots and Other Supplies
Ch. 4. Eligibility and Application for Absentee Ballot
Ch. 4.5. Repealed
Ch. 5. Repealed
Ch. 6. Voting System Purchase Fund
Ch. 6.5. Voting System Improvement
Ch. 7. Approval of Ballot Card Voting Systems
Ch. 7.5. Approval of Electronic Voting Systems
Ch. 8. Voting Procedures Generally
Ch. 9. Assistance to Certain Voters
Ch. 10. Voting by Absentee Ballot
Ch. 11. Voting by Paper Ballot
Ch. 12. Repealed
Ch. 13. Voting by Ballot Card Voting System
Ch. 14. Voting by Electronic Voting System
Ch. 14.5. Public Tests of Electronic Voting Systems
Ch. 15. Ballot Card and Electronic Voting Systems; Additional Standards and
Procedures for Approving System Changes
Ch. 16. Voting System Technical Oversight Program
Ch. 17. Voting System Violations
Ch. 18. Expired
Ch. 18.1. Vote Centers

IC 3-11-1 Chapter 1. Repealed

[Pre-1986 Recodification Citations:
3-11-1-1 formerly 3-1-8-2(a)
3-11-1-2 formerly 3-1-8-8
3-11-1-3 formerly 3-1-8-1(b), (c), (d)
3-11-1-4 formerly 3-1-8-1(e) part
3-11-1-5 formerly 3-1-8-1(e) part
3-11-1-6 formerly 3-1-8-2(b) part
3-11-1-7 formerly 3-1-8-2(d); 3-1-8-3(a) part
3-11-1-8 formerly 3-1-8-2(c) part; 3-1-8-3(a) part
3-11-1-9 formerly 3-1-8-3(b)
3-11-1-10 formerly 3-1-8-9
3-11-1-11 formerly 3-1-8-2(b) part; 3-1-8-6(a) part
3-11-1-12 formerly 3-1-8-6(a) part
3-11-1-13 formerly 3-1-8-6(b)
3-11-1-14 formerly 3-1-8-6(c)
3-11-1-15 formerly 3-1-8-6(d)
3-11-1-16 formerly 3-1-8-5 part
3-11-1-17 formerly 3-1-8-5 part
3-11-1-18 formerly 3-1-8-1 part
3-11-1-19 formerly 3-1-8-1(a) part; 3-1-8-4
3-11-1-20 formerly 3-1-8-1 part.]
Repealed by P.L.13-1988, SEC.23.

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IC 3-11-1.5 Chapter 1.5. Precincts

3-11-1.5-1 "Establishing a precinct" defined

3-11-1.5-1.5 "GIS" defined
3-11-1.5-2 Establishment by county executive
3-11-1.5-3 Number of voters per precinct
3-11-1.5-3.1 Precinct may not be established after June 30, 2019, with fewer than 600
active voters; exceptions
3-11-1.5-3.2 Petition for waiver of limitation on number of voters; expiration
3-11-1.5-3.4 Expired
3-11-1.5-3.5 Precincts within campuses of universities
3-11-1.5-4 Boundaries; arrangement to prevent crossing other boundaries
3-11-1.5-5 Boundaries; arrangement to follow other boundaries
3-11-1.5-6 Territory not included in established precincts; inclusion in contiguous
precinct
3-11-1.5-7 Territory included in more than one established precinct
3-11-1.5-8 Division of territory not included in established district or included in more
than one established district
3-11-1.5-9 Visible feature boundaries
3-11-1.5-10 Boundaries crossing entity boundaries; population
3-11-1.5-10.5 Incorrect census boundaries; precinct boundaries following corrected
boundaries
3-11-1.5-10.7 Precinct boundary description prevails over conflicting map
3-11-1.5-10.9 Interpretation of references to census blocks
3-11-1.5-11 Primary, general, and municipal elections; consistent boundaries
3-11-1.5-12 Repealed
3-11-1.5-12.1 Precinct establishment orders; submission of maps and documentation;
electronic submission; review, hearings, and approval; objections; notice
3-11-1.5-13 Repealed
3-11-1.5-14 Proposed precinct establishment orders; effect of timely and late submissions
3-11-1.5-15 Proposed precinct establishment orders; contents
3-11-1.5-15.5 Proposed precinct establishment orders; split census blocks
3-11-1.5-16 Proposed precinct establishment orders; precinct boundaries following
boundaries of other entities
3-11-1.5-17 Review and examination of proposed order
3-11-1.5-18 Election division authorization for adoption of proposed precinct
establishment order; notice; objection; commission hearing
3-11-1.5-19 Proposed precinct establishment order; noncompliance
3-11-1.5-20 Amendments to proposed order
3-11-1.5-20.5 Exemption from precinct boundary requirements
3-11-1.5-21 Resubmission of orders; request for hearing
3-11-1.5-22 Issuance of order by county executive
3-11-1.5-23 Filing of orders
3-11-1.5-24 Effective date of orders; notice
3-11-1.5-25 Effective date of orders; restricted periods
3-11-1.5-26 Notice of approval
3-11-1.5-27 Repealed
3-11-1.5-28 Repealed
3-11-1.5-29 Repealed
3-11-1.5-30 Repealed
3-11-1.5-31 Orders; approval by commission; effective date
3-11-1.5-32 Repealed
3-11-1.5-32.5 Repealed
3-11-1.5-32.7 Change of boundaries of political subdivision or election district in a political
subdivision does not change precinct boundaries
3-11-1.5-33 Municipalities; extended boundaries
3-11-1.5-34 Renaming or renumbering precincts
3-11-1.5-35 Application of section; precinct establishment order issued by commission
3-11-1.5-36 Delegation of responsibilities of county executive
3-11-1.5-37 Notice of errors in precinct boundaries in GIS
3-11-1.5-38 Expired

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 3-11-1.5-38.1 Precinct boundaries; coordination with 2020 census data; review, errors, and
corrections; adoption of new precinct establishment orders

IC 3-11-1.5-1 "Establishing a precinct" defined

Sec. 1. As used in this chapter, "establishing a precinct" includes the following:
(1) Dividing one (1) precinct into two (2) or more precincts.
(2) Combining two (2) or more precincts into one (1) precinct.
(3) Altering a boundary line dividing two (2) or more precincts.
As added by P.L.13-1988, SEC.1.

IC 3-11-1.5-1.5 "GIS" defined

Sec. 1.5. As used in this chapter, "GIS" refers to the geographic information system
maintained by the office under IC 2-5-1.1-12.2.
As added by P.L.212-2001, SEC.10. Amended by P.L.1-2002, SEC.8.

IC 3-11-1.5-2 Establishment by county executive

Sec. 2. Each county executive shall establish precincts in the incorporated and
unincorporated areas of the county in the manner described in this chapter.
As added by P.L.13-1988, SEC.1.

IC 3-11-1.5-3 Number of voters per precinct

Sec. 3. (a) Except as provided in:
(1) subsection (b);
(2) subsection (c);
(3) section 3.2 of this chapter; or
(4) section 3.5 of this chapter;
a county executive shall establish precincts so that a precinct contains not more than two
thousand (2,000) active voters.
(b) This subsection applies to a precinct that includes:
(1) an entire township, but does not cross a township boundary in violation of section
4 of this chapter;
(2) an entire city legislative body district, but does not cross the boundary of a city
legislative body district;
(3) an entire town legislative body district, but does not cross the boundary of a town
legislative body district; or
(4) one (1) residential structure containing more than two thousand (2,000) active
voters and no other residential structure containing voters.
In changing precincts or establishing new precincts, a county executive shall arrange a
precinct so that it will contain not more than two thousand three hundred (2,300) active
voters.
(c) A county executive is not required to establish precincts so that a precinct contains not
more than two thousand (2,000) active voters if the precinct:
(1) was established by the county executive in compliance with subsection (a) within
the preceding forty-eight (48) months; and
(2) contains not more than two thousand two hundred (2,200) active voters.
(d) A county executive is not required to establish precincts so that a precinct contains not
more than two thousand (2,000) active voters or two thousand three hundred (2,300) active
voters if the precinct is in a county designated as a vote center county.
As added by P.L.13-1988, SEC.1. Amended by P.L.3-1989, SEC.8; P.L.8-1990, SEC.1;
P.L.7-1990, SEC.36; P.L.19-1993, SEC.1; P.L.12-1995, SEC.71; P.L.4-1996, SEC.59;
P.L.169-2015, SEC.88; P.L.227-2023, SEC.62.

IC 3-11-1.5-3.1 Precinct may not be established after June 30, 2019, with fewer

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 than 600 active voters; exceptions
Sec. 3.1. (a) Except as provided in subsection (b), a county may not establish a precinct
under this chapter so that any precinct has less than six hundred (600) active voters.
(b) A county may establish a precinct having less than six hundred (600) active voters if
any of the following apply:
(1) The precinct to be established would consist of an entire:
(A) county commissioner district;
(B) county council district;
(C) township;
(D) city;
(E) town;
(F) city common council district; or
(G) town council district.
(2) Establishing the precinct is required so that a boundary of a governmental entity or
election district described in section 4 of this chapter is not crossed.
(3) Establishing a precinct of less than six hundred (600) active voters would avoid
establishing a split precinct.
As added by P.L.278-2019, SEC.51. Amended by P.L.108-2021, SEC.3.

IC 3-11-1.5-3.2 Petition for waiver of limitation on number of voters;

expiration
Sec. 3.2. (a) A county executive may file a petition with the election division requesting
the commission to waive the requirements imposed by section 3 of this chapter. The petition
must:
(1) identify each precinct to be subject to the waiver;
(2) state the number of voters that would be included in each precinct described in
subdivision (1) if the waiver is granted; and
(3) state the reasons why the waiver should be granted.
(b) If the commission determines that compliance with the requirements of section 3 of
this chapter would result in unnecessary expense and inconvenience for the county, the
commission may grant a waiver exempting some or all of the precincts identified in the
petition from section 3 of this chapter.
(c) A waiver granted for a precinct under this section expires when the county executive
submits a subsequent proposed precinct establishment order for that precinct.
As added by P.L.8-1990, SEC.2. Amended by P.L.2-1996, SEC.126; P.L.3-1997, SEC.241.

IC 3-11-1.5-3.4 Expired
As added by P.L.64-2014, SEC.39. Expired 1-1-2016 by P.L.64-2014, SEC.39.

IC 3-11-1.5-3.5 Precincts within campuses of universities

Sec. 3.5. (a) This section does not apply to a precinct located in a county having a
consolidated city.
(b) This section applies to a precinct:
(1) that is located wholly or partially within the campus of:
(A) Ball State University;
(B) Indiana State University;
(C) Indiana University;
(D) Purdue University;
(E) The University of Evansville;
(F) The University of Southern Indiana; or
(G) Vincennes University;
with more full-time students enrolled at that campus than are enrolled at any other
campus of that university; or

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 (2) that contains a structure owned by a university described in subdivision (1) that
houses more than one hundred (100) students of the university.
(c) A county executive may establish a precinct subject to this section without regard to
the number of registered voters permitted under section 3 of this chapter if less than forty
percent (40%) of the active voters entitled to vote in the precinct voted in the last primary
election.
As added by P.L.5-1989, SEC.43. Amended by P.L.12-1995, SEC.72; P.L.38-1999, SEC.34.

IC 3-11-1.5-4 Boundaries; arrangement to prevent crossing other boundaries

Sec. 4. A county executive shall establish precincts so that each boundary of each precinct
does not cross the boundary of:
(1) the state;
(2) a county;
(3) a township;
(4) a district of the House of Representatives of the Congress of the United States;
(5) a district of the senate of the general assembly; or
(6) a district of the house of representatives of the general assembly.
As added by P.L.13-1988, SEC.1. Amended by P.L.126-2002, SEC.36.

IC 3-11-1.5-5 Boundaries; arrangement to follow other boundaries

Sec. 5. A county executive shall establish precincts so that each boundary of each precinct
follows:
(1) a boundary described in section 4 of this chapter;
(2) a boundary of a city or town;
(3) a boundary of a town legislative body district;
(4) a boundary of a census block established by the Bureau of the Census and depicted
in the GIS; or
(5) a boundary of a school corporation that does not follow a census block line.
As added by P.L.13-1988, SEC.1. Amended by P.L.3-1993, SEC.111; P.L.2-1996, SEC.127;
P.L.3-1997, SEC.242; P.L.212-2001, SEC.11; P.L.126-2002, SEC.37.

IC 3-11-1.5-6 Territory not included in established precincts; inclusion in

contiguous precinct
Sec. 6. If any territory in any county is not included in one (1) of the precincts established
by the county executive under this chapter, that territory is included within the precinct that:
(1) is contiguous to that territory; and
(2) contains the least number of registered voters according to the precinct registration
record maintained by the circuit court clerk or the board of registration on the date of
the most recent general election.
As added by P.L.13-1988, SEC.1. Amended by P.L.7-1990, SEC.37.

IC 3-11-1.5-7 Territory included in more than one established precinct

Sec. 7. If any territory in any county is included in more than one (1) of the precincts
established by the county executive under this chapter, that territory is included within the
precinct that:
(1) is one (1) of the precincts in which that territory is described in the orders issued by
the county executive under this chapter;
(2) is contiguous to that territory; and
(3) contains the least number of registered voters according to the precinct registration
record maintained by the circuit court clerk or the board of registration as of the date
of the most recent general election.
As added by P.L.13-1988, SEC.1. Amended by P.L.7-1990, SEC.38.

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IC 3-11-1.5-8 Division of territory not included in established district or
included in more than one established district
Sec. 8. If assigning territory to a precinct under sections 6 through 7 of this chapter would
create a precinct that includes territory of more than one (1) of the entities listed in section
4 of this chapter, the territory shall be divided along the boundary of the entities and each
part of the territory assigned to a separate precinct in accordance with sections 6 through 7
of this chapter.
As added by P.L.13-1988, SEC.1.

IC 3-11-1.5-9 Visible feature boundaries

Sec. 9. If a county executive cannot establish a precinct that complies with section 3 of
this chapter by using the boundaries permitted under section 5 of this chapter, a county
executive may:
(1) establish the precinct by using a boundary following a visible feature, including a
highway, railroad, or stream, and an extension of that visible feature if the extension
does not cross a visible feature or another extension; or
(2) request an exemption under section 20.5 of this chapter.
As added by P.L.13-1988, SEC.1. Amended by P.L.5-1989, SEC.44.

IC 3-11-1.5-10 Boundaries crossing entity boundaries; population

Sec. 10. A county executive may establish a precinct that does not comply with section
4 of this chapter if the part of the precinct that crosses the boundary of the entity contains no
population. However, if the part of the precinct that crosses the boundary of the entity obtains
population, the county executive shall establish a precinct that complies with section 4 of this
chapter.
As added by P.L.13-1988, SEC.1. Amended by P.L.5-1989, SEC.45.

IC 3-11-1.5-10.5 Incorrect census boundaries; precinct boundaries following

corrected boundaries
Sec. 10.5. (a) This section applies when the office determines that a boundary depicted
on a census block boundary map prepared by the United States Bureau of the Census is in
error.
(b) The commission may approve a precinct boundary under this chapter that follows a
corrected boundary as determined by the commission. The election division shall record this
approval in the minutes of the commission.
(c) The office shall annotate the corrected boundary in the GIS.
As added by P.L.3-1997, SEC.243. Amended by P.L.212-2001, SEC.12.

IC 3-11-1.5-10.7 Precinct boundary description prevails over conflicting map

Sec. 10.7. If a conflict exists between the map of a precinct and the description of the
boundaries of a precinct submitted by a county and approved under this chapter, the precinct
boundary is the description of the boundaries of the precinct, rather than the map of the
precinct, to the extent of any conflict between the map and the description.
As added by P.L.194-2013, SEC.41; P.L.271-2013, SEC.14.

IC 3-11-1.5-10.9 Interpretation of references to census blocks

Sec. 10.9. A reference to a census block identified as required by section 15(2) of this
chapter in an order described in section 14 of this chapter refers to the census block as it
existed on the date of the adoption of the order. A change in a census block issued by the
Bureau of the Census following the date of adoption of the order does not alter the precincts
established by the order.
As added by P.L.169-2015, SEC.89.

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IC 3-11-1.5-11 Primary, general, and municipal elections; consistent
boundaries
Sec. 11. The precincts established for a general or municipal election must be the same
as the precincts established for the preceding primary election.
As added by P.L.13-1988, SEC.1. Amended by P.L.108-2021, SEC.4.

IC 3-11-1.5-12 Repealed
As added by P.L.13-1988, SEC.1. Amended by P.L.221-2005, SEC.35. Repealed by
P.L.108-2021, SEC.5.

IC 3-11-1.5-12.1 Precinct establishment orders; submission of maps and

documentation; electronic submission; review, hearings, and
approval; objections; notice
Sec. 12.1. (a) A county election board may submit a proposed precinct establishment
order to the election division using a module of the computerized list established under
IC 3-7-26.3 in compliance with sections 15, 15.5, and 16 of this chapter as an alternative to
the other procedures set forth in sections 14 through 35 of this chapter.
(b) A proposed order under this section must comply with any deadline for submission
set by the co-directors under section 14 of this chapter.
(c) The county must submit a map of each proposed precinct and documentation in an
electronic format prescribed by the election division, including any digital aerial photograph
necessary to depict a split census block, municipal boundary, state legislative district,
municipal legislative district, or visible feature. The county must submit the map and the
information set forth in sections 15, 15.5, and 16 of this chapter.
(d) The election division shall transmit a copy of the proposed order to the office for
technical comments. The election division shall review the comments of the office to
determine if the order would comply with this chapter.
(e) The election division shall notify the county of any changes needed for the proposed
order to comply with this chapter. The county may submit a revision to the proposed order
using the module in the computerized list for further review by the election division and the
office or request an exemption from the commission under section 20.5 of this chapter.
(f) The election division may use the module under this chapter to notify the county if the
proposed order complies with this chapter. The election division shall also notify the county
executive in writing as provided in section 18 of this chapter. The county executive may issue
the proposed order and shall file a copy of the proposed order with the election division. The
county executive shall give notice of the proposed order under section 18 of this chapter.
However, if the election division determines under section 18(g) of this chapter that there is
not sufficient time to receive notice of an objection before the next period specified under
section 25 of this chapter begins, the election division may request a hearing before the
commission. If no objection to the proposed order is filed under section 18 of this chapter,
then the order takes effect under section 24 of this chapter without further action by the
county executive.
(g) If an objection is filed under section 18 of this chapter, the county executive may not
adopt the order unless the commission approves the proposed order under section 18 of this
chapter.
(h) The election division shall provide the office with a copy of each final order not later
than ten (10) days after the order takes effect.
As added by P.L.108-2021, SEC.6.

IC 3-11-1.5-13 Repealed
As added by P.L.13-1988, SEC.1. Repealed by P.L.3-1993, SEC.282.

IC 3-11-1.5-14 Proposed precinct establishment orders; effect of timely and

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 late submissions
Sec. 14. (a) A county executive must submit a proposed precinct establishment order to
the co-directors before the county executive establishes a precinct under this chapter.
(b) To ensure sufficient time for review to determine whether a proposed precinct
establishment order complies with this chapter, the co-directors may fix a date and time by
which a county executive must submit an order under section 15 of this chapter if the county
wishes to have the proposed order take effect before the beginning of the next period
specified under section 25 of this chapter. The election division shall notify each county
election board of the date fixed under this subsection at least ninety (90) days before the date
occurs.
(c) If a county submits an order after the date and time fixed under subsection (b), the
co-directors may review the order only after completing the review of orders submitted in
compliance with subsection (b).
(d) This subsection applies to an order submitted after the date and time fixed under
subsection (b). If the co-directors are unable to determine whether a proposed order complies
with this chapter before the beginning of the next period specified under section 25 of this
chapter, the co-directors shall complete the review so that, if the proposed order is otherwise
approved under this chapter, the order may take effect following the end of the next period
specified under section 25 of this chapter.
As added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.38; P.L.164-2006, SEC.82.

IC 3-11-1.5-15 Proposed precinct establishment orders; contents

Sec. 15. The order described in section 14 of this chapter must include the following:
(1) A map of each precinct to be established by the proposed order. A county may
submit maps required by this subdivision in electronic form.
(2) A description of the boundaries of each precinct to be established by the proposed
order that identifies any census blocks located entirely within the precinct.
(3) An estimated number of voters in each precinct to be established by the proposed
order, based on the registration records maintained by the county voter registration
office.
(4) A statement designating a polling place for the precinct that complies with the
polling place accessibility requirements adopted under IC 3-11-8.
(5) Any additional information required by rules adopted by the commission under
IC 4-22-2.
As added by P.L.13-1988, SEC.1. Amended by P.L.3-1993, SEC.112; P.L.12-1995, SEC.73;
P.L.2-1996, SEC.128; P.L.212-2001, SEC.13; P.L.14-2004, SEC.91.

IC 3-11-1.5-15.5 Proposed precinct establishment orders; split census blocks

Sec. 15.5. If a precinct boundary splits a census block, either of the following must be
submitted with the order described in section 14 of this chapter:
(1) A description of the precinct boundary in metes and bounds.
(2) One (1) or more aerial photographs that depict:
(A) each census block that is split; and
(B) the boundary of the precinct that splits each census block.
As added by P.L.225-2011, SEC.50.

IC 3-11-1.5-16 Proposed precinct establishment orders; precinct boundaries

following boundaries of other entities
Sec. 16. (a) If a proposed precinct establishment order includes a legal description of a
precinct with a boundary that follows the boundary of a municipality, state legislative district,
or municipal legislative district, the order must include the following:
(1) A description in metes and bounds that identifies the boundary as that of a
municipality, state legislative district, or municipal legislative district.

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 (2) A notation on the map of the precinct indicating that the boundary is that of a
municipality, state legislative district, or municipal legislative district.
(b) If a proposed precinct establishment order described by section 9 of this chapter
includes a legal description of a boundary that follows a visible feature, the order must
include a description in metes and bounds or an aerial photograph that identifies the visible
feature that forms the boundary.
As added by P.L.13-1988, SEC.1. Amended by P.L.11-1989, SEC.1; P.L.225-2011, SEC.51.

IC 3-11-1.5-17 Review and examination of proposed order

Sec. 17. (a) The election division shall send a copy of a precinct establishment order:
(1) submitted under section 14 or 30 (repealed) of this chapter; or
(2) resubmitted under section 20 of this chapter;
to the office for comment.
(b) The office shall review the order and may make any technical comments the office
considers appropriate.
(c) The co-directors or an employee designated by the co-directors shall examine:
(1) the proposed precinct establishment order; and
(2) the comments of the office;
to determine if the order would establish precincts in compliance with this chapter.
As added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.39; P.L.212-2001, SEC.14;
P.L.1-2003, SEC.2.

IC 3-11-1.5-18 Election division authorization for adoption of proposed

precinct establishment order; notice; objection; commission
hearing
Sec. 18. (a) If the election division determines that the proposed precinct establishment
order would comply with this chapter, the election division shall issue an order authorizing
the county executive to establish the proposed precincts.
(b) The order issued by the election division under subsection (a) must state that the
election division finds that the proposed precincts would comply with the standards set forth
in this chapter. The election division shall promptly provide a copy of the order to the county
executive.
(c) The county executive must give notice of the proposed order to the voters of the
county by one (1) publication under IC 5-3-1-4. The notice must state the following:
(1) The name of each existing precinct whose boundaries would be changed by the
adoption of the proposed order by the county.
(2) That any registered voter of the county may object to the proposed order by filing
a sworn statement with the election division setting forth the voter's specific objections
to the proposed order and requesting that a hearing be conducted by the commission
under IC 4-21.5.
(3) The mailing address of the election division.
(4) The deadline for filing the objection with the election division under this section.
(d) Except as provided in subsection (g), an objection to a proposed precinct
establishment order must be filed not later than noon ten (10) days after the publication of
the notice by the county executive.
(e) If an objection is not filed with the election division by the date and time specified
under subsection (d), the election division shall promptly notify the county executive. The
county executive may proceed immediately to adopt the proposed order.
(f) If an objection is filed with the election division by the date and time specified under
subsection (d), the election division shall promptly notify the county executive. The county
executive may not adopt the proposed order until the commission conducts a hearing under
IC 4-21.5 and determines whether the proposed precincts would comply with the standards
set forth in this chapter.

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 (g) If the co-directors determine that the expiration of the ten (10) day period described
in subsection (d) will occur:
(1) after the next period specified under section 25 of this chapter begins; or
(2) without sufficient time for a county or an objector to receive notice of a hearing
before the commission concerning an objection before the next period specified under
section 25 of this chapter begins;
the co-directors may request a hearing before the commission under section 21 of this
chapter, notify the county executive of the request, and publication under subsection (c) is
not required.
As added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.40; P.L.3-1997, SEC.244;
P.L.221-2005, SEC.36; P.L.164-2006, SEC.83; P.L.278-2019, SEC.52.

IC 3-11-1.5-19 Proposed precinct establishment order; noncompliance

Sec. 19. If the co-directors or designated employee determines that the proposed precinct
establishment order would not comply with this chapter, the co-directors shall advise the
county executive specifically how the order would not comply with this chapter. If the
co-directors determine that the noncompliance would result from a technical error in a map
or legal description included in the proposed order, the co-directors may suggest specific
amendments to the map or legal description in the letter accompanying the proposed order.
As added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.41; P.L.3-1997, SEC.245.

IC 3-11-1.5-20 Amendments to proposed order

Sec. 20. If a county executive is advised that a proposed precinct establishment order does
not comply with this chapter, the county executive may:
(1) amend the proposed order so that the precincts may be established in compliance
with this chapter; or
(2) request an exemption under section 20.5 of this chapter;
and resubmit the proposed order to the co-directors.
As added by P.L.13-1988, SEC.1. Amended by P.L.5-1989, SEC.46; P.L.3-1993, SEC.113;
P.L.8-1995, SEC.42; P.L.3-1997, SEC.246.

IC 3-11-1.5-20.5 Exemption from precinct boundary requirements

Sec. 20.5. (a) This section applies when:
(1) a county executive is advised that a proposed precinct establishment order does not
comply with this chapter; and
(2) the county executive determines that the noncompliance cannot be corrected by the
establishment of a precinct that complies with both:
(A) the maximum voter requirement of section 3 of this chapter; and
(B) the precinct boundary requirements of section 5 of this chapter.
(b) The county executive may request the commission to grant an exemption from the
precinct boundary requirements of section 5 of this chapter to establish a precinct boundary
described by this section.
(c) The commission shall conduct a hearing on the exemption request. If the commission
determines that the noncompliance cannot be corrected by the establishment of a precinct that
complies with both:
(1) the maximum voter requirement of section 3 of this chapter; and
(2) the precinct boundary requirements of section 5 of this chapter;
the commission shall grant the exemption. However, the commission may not grant an
exemption that violates section 4(1), 4(5), 4(6), or 4(7) of this chapter.
(d) If the commission grants the exemption, the county executive shall amend the
proposed precinct establishment order described by section 19 of this chapter to establish
precinct boundaries:
(1) in accordance with the exemption granted by the commission; and

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 (2) that comply with all other requirements established by this chapter.
(e) The proposed precinct establishment order described in subsection (d) must include
a description in metes and bounds of the boundaries authorized by the exemption granted
under this section.
As added by P.L.5-1989, SEC.47. Amended by P.L.8-1995, SEC.43; P.L.3-1997, SEC.247;
P.L.212-2001, SEC.15.

IC 3-11-1.5-21 Resubmission of orders; request for hearing

Sec. 21. (a) If the county executive believes that the proposed order described by section
19 of this chapter complies with this chapter, the county executive may resubmit the order
to the co-directors and request a hearing before the commission.
(b) The co-directors may request a hearing before the commission under section 18(g) of
this chapter.
(c) The hearing under this section shall be conducted in accordance with IC 4-21.5.
(d) If the commission determines that the proposed precinct establishment order complies
with this chapter, the co-directors shall advise the county executive that the order complies
with this chapter and may be issued by the county executive.
As added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.44; P.L.3-1997, SEC.248;
P.L.164-2006, SEC.84.

IC 3-11-1.5-22 Issuance of order by county executive

Sec. 22. When a county executive receives a proposed order approved by:
(1) the election division; or
(2) the commission under section 18(f) of this chapter, the county executive may issue
the order.
As added by P.L.13-1988, SEC.1. Amended by P.L.3-1997, SEC.249; P.L.221-2005, SEC.37.

IC 3-11-1.5-23 Filing of orders

Sec. 23. (a) The county executive shall file a copy of the order issued under section 22
of this chapter with the co-directors not later than seven (7) days after its issuance.
(b) The co-directors shall send a copy of the order to the office not later than seven (7)
days after the co-directors receive the order.
As added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.45; P.L.212-2001, SEC.16.

IC 3-11-1.5-24 Effective date of orders; notice

Sec. 24. (a) The precinct establishment order becomes effective on the first date permitted
under section 25 of this chapter.
(b) The office shall notify the co-directors of the date the new precinct boundaries were
entered into the GIS not later than seven (7) days after the new precinct boundaries are
entered into the GIS.
As added by P.L.13-1988, SEC.1. Amended by P.L.2-1996, SEC.129; P.L.3-1997, SEC.250;
P.L.212-2001, SEC.17.

IC 3-11-1.5-25 Effective date of orders; restricted periods

Sec. 25. A precinct establishment order may not become effective during the following
periods:
(1) In a year in which a general election is held, the period beginning on the first day
that a declaration of candidacy may be filed under IC 3-8-2-4 and ending the day
following general election day.
(2) For precincts located wholly or partially within a municipality, after January 31 and
before the day following municipal election day, in a year in which a municipal election
is held.
As added by P.L.13-1988, SEC.1. Amended by P.L.3-1997, SEC.251; P.L.212-2001, SEC.18.

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IC 3-11-1.5-26 Notice of approval
Sec. 26. The co-directors shall promptly notify the county executive of:
(1) the approval of a precinct establishment order by the commission; and
(2) the date the order becomes effective.
The co-directors shall provide one (1) copy of the approved order to the county executive.
As added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.46.

IC 3-11-1.5-27 Repealed
As added by P.L.13-1988, SEC.1. Amended by P.L.3-1997, SEC.252; P.L.221-2005,
SEC.38; P.L.164-2006, SEC.85. Repealed by P.L.278-2019, SEC.53.

IC 3-11-1.5-28 Repealed
As added by P.L.13-1988, SEC.1. Amended by P.L.10-1992, SEC.21; P.L.12-1995, SEC.74;
P.L.2-1996, SEC.130. Repealed by P.L.278-2019, SEC.54.

IC 3-11-1.5-29 Repealed
As added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.47; P.L.164-2006, SEC.86.
Repealed by P.L.278-2019, SEC.55.

IC 3-11-1.5-30 Repealed
As added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.48; P.L.3-1997, SEC.253.
Repealed by P.L.126-2002, SEC.92.

IC 3-11-1.5-31 Orders; approval by commission; effective date

Sec. 31. (a) This section applies to a proposed precinct establishment order that requires
that a hearing by the commission be conducted under this chapter.
(b) After the election division has reviewed the proposed precinct establishment order,
and the order has been revised, if necessary, to comply with this chapter, the commission
shall:
(1) approve a proposed precinct establishment order under this section not later than
the following January 31; and
(2) order that the precinct establishment order takes effect January 31 of the year in
which the municipal election will be held.
As added by P.L.13-1988, SEC.1. Amended by P.L.1-1990, SEC.7; P.L.8-1992, SEC.14;
P.L.8-1995, SEC.49; P.L.3-1997, SEC.254; P.L.126-2002, SEC.38; P.L.221-2005, SEC.39.

IC 3-11-1.5-32 Repealed
As added by P.L.13-1988, SEC.1. Amended by P.L.5-1989, SEC.48; P.L.7-1990, SEC.39.
Repealed by P.L.169-2022, SEC.3.

IC 3-11-1.5-32.5 Repealed
As added by P.L.6-1994, SEC.1. Amended by P.L.170-2002, SEC.8. Repealed by
P.L.227-2023, SEC.63.

IC 3-11-1.5-32.7 Change of boundaries of political subdivision or election

district in a political subdivision does not change precinct
boundaries
Sec. 32.7. (a) A precinct boundary does not change automatically whenever either of the
following occurs:
(1) The boundaries of a political subdivision change as the result of annexation or
disannexation of territory.
(2) The boundaries of an election district within a political subdivision are changed by
the political subdivision.

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 (b) A precinct boundary may be changed only as provided in this chapter.
As added by P.L.74-2017, SEC.45.

IC 3-11-1.5-33 Municipalities; extended boundaries

Sec. 33. (a) If the boundaries of a municipality are extended before a municipal primary
election or a municipal election, and the territory within those boundaries has not been
included in precincts wholly within the municipality, the voters within the extended
boundaries may vote, if otherwise qualified, in the municipal primary election or municipal
election.
(b) The voters may vote in the precinct in which they have their residence as if the
precinct had been established to include them in a precinct wholly within the municipality.
These votes shall be counted and included in the canvass of the votes cast in the municipal
primary election or municipal election.
As added by P.L.13-1988, SEC.1. Amended by P.L.8-1992, SEC.15; P.L.14-2004, SEC.92.

IC 3-11-1.5-34 Renaming or renumbering precincts

Sec. 34. (a) A county executive may issue an order to rename or renumber precincts
without establishing new precinct boundaries. An order issued under this section becomes
effective when it is filed with the co-directors.
(b) The co-directors shall send a copy of the order to the office.
As added by P.L.13-1988, SEC.1. Amended by P.L.8-1995, SEC.50; P.L.212-2001, SEC.19.

IC 3-11-1.5-35 Application of section; precinct establishment order issued by

commission
Sec. 35. (a) This section applies to a county that has a precinct that crosses a boundary
in violation of section 4(4), 4(5), or 4(6) of this chapter.
(b) Notwithstanding section 25 of this chapter, if the county does not issue a precinct
establishment order that establishes precincts in compliance with section 4(4), 4(5), and 4(6)
of this chapter by the January 31 following the last effective date described in section 25(2)
of this chapter, the commission may issue an order establishing precincts as provided under
subsection (c).
(c) An order issued by the commission under this section must comply with section 4(4),
4(5), and 4(6) of this chapter.
(d) The co-directors shall send a copy of the commission's order to the office.
As added by P.L.8-1992, SEC.16. Amended by P.L.2-1996, SEC.131; P.L.1-1999, SEC.1;
P.L.212-2001, SEC.20; P.L.37-2002, SEC.14; P.L.2-2005, SEC.3.

IC 3-11-1.5-36 Delegation of responsibilities of county executive

Sec. 36. The county executive may adopt an order to delegate some or all of the county
executive's responsibilities under this chapter to the county election board. The order may
not take effect until a copy of the order has been filed with the election division.
As added by P.L.3-1993, SEC.114. Amended by P.L.2-1996, SEC.132; P.L.3-1997, SEC.255.

IC 3-11-1.5-37 Notice of errors in precinct boundaries in GIS

Sec. 37. (a) The co-directors shall notify the office of any errors found in the precinct
boundaries depicted in the GIS.
(b) The office and the co-directors shall cooperate to resolve any errors found in the GIS.
As added by P.L.212-2001, SEC.21.

IC 3-11-1.5-38 Expired
Expired 12-31-2014 by P.L.214-2011, SEC.13.

IC 3-11-1.5-38.1 Precinct boundaries; coordination with 2020 census data;

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 review, errors, and corrections; adoption of new precinct
establishment orders
Sec. 38.1. (a) This section applies to the boundaries of a precinct as established before
January 1, 2021.
(b) As used in this chapter, "federal decennial census" has the meaning set forth in
IC 1-1-3.5-2(a).
(c) The office shall file with the election division the following information for a precinct
described in subsection (a):
(1) A list of the census blocks comprising the voting tabulation districts used by the
United States Department of Commerce, Bureau of the Census, in reporting the 2020
federal decennial census of Indiana, as supplemented by the office.
(2) A file in a format prescribed by the election division depicting the boundaries of the
precinct as shown by maps included in the GIS.
(d) After a filing occurs under subsection (c), the election division shall immediately
notify the county executive and the county election board (or the board of elections and
registration) of the county in which the precinct is located.
(e) Not later than thirty (30) days after the date of the notice described in subsection (d),
the county executive shall notify the election division if the filing described in subsection (c)
contains errors or is otherwise incorrect or incomplete. The notice must state one (1) of the
following:
(1) The county executive will submit to the election division, not later than January 1,
2022, additional information for or corrections to the filing, which will become the
precinct boundaries for the county for purposes of an election conducted after January
1, 2022, and until a new precinct establishment order for the county is adopted as
provided in this chapter.
(2) The county executive will adopt a new precinct establishment order for the county
as provided in this chapter.
(f) The election division shall provide the office with the additional information and
corrections submitted by a county executive under subsection (e)(1), and the office shall add
the additional information and corrections to the GIS.
(g) If a county executive does not file a notice under subsection (e), the following apply:
(1) The precinct descriptions filed by the office under subsection (c) become the
precinct boundaries for the county for purposes of an election conducted after January
1, 2022, and until a new precinct establishment order for the county is adopted as
provided in this chapter.
(2) A registered voter of the county may not file an objection under section 18 of this
chapter to the precinct descriptions filed by the office under subsection (c).
(h) This subsection applies to an order to establish precinct boundaries approved under
this chapter before January 1, 2021. Not later than January 1, 2022, the county executive
shall do the following:
(1) Correct any precinct boundaries that contain incorrect information as the result of
the enactment of any of the following:
(A) The 2021 Indiana congressional district plan.
(B) The 2021 senate district plan.
(C) The 2021 house district plan.
(2) File with the election division any corrections as described in subdivision (1) on a
form prescribed by the election division or through the module on the computerized list
established under IC 3-7-26.3 as described in section 12.1 of this chapter.
(i) This section does not prohibit the establishment of precincts in a county using a
precinct establishment order as provided in this chapter.
(j) In addition to precinct boundaries, the name of a precinct as included in the federal
decennial census data becomes the official name of the precinct.
As added by P.L.108-2021, SEC.7. Amended by P.L.227-2023, SEC.64.

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IC 3-11-2 Chapter 2. General Election Ballot Form for Paper Ballots

3-11-2-0.5 Applicability
3-11-2-1 Repealed
3-11-2-2 Repealed
3-11-2-2.1 All candidates and public questions in election districts in county on ballot;
notice of inspection of ballot proofs
3-11-2-3 Requirements of size, quality and color, and thickness; precinct designation
3-11-2-4 Repealed
3-11-2-5 Name and device; listing of nominees
3-11-2-6 Name and device; order; political party; write-in voting
3-11-2-7 Cautionary statement
3-11-2-8 Instructions; form, location, and contents; exception
3-11-2-9 Political party devices
3-11-2-10 Arrangement of ballot
3-11-2-10.1 Retention of Marion County superior court judges
3-11-2-11 Repealed
3-11-2-11.5 Names of write-in candidates not printed on ballot
3-11-2-12 Ballot order of offices
3-11-2-12.2 Order of districts on ballot
3-11-2-12.3 Arrangement of ballot so that all candidates for the same office appear on the
same ballot page or screen
3-11-2-12.4 Election of more than one candidate to an office; placement of office on ballot;
required instruction
3-11-2-12.5 Ballot order; alternative order of county offices
3-11-2-12.7 Ballot order; candidates for at-large seats on fiscal or legislative body of
political subdivision
3-11-2-12.8 Repealed
3-11-2-12.9 Ballot order; school board offices
3-11-2-13 Ballot order; retention of justice or appellate judge
3-11-2-14 Ballot order; other judicial offices
3-11-2-14.5 Ballot order; candidates for at-large seats on governing body of school
corporation
3-11-2-15 Form of public question
3-11-2-16 Errors or omissions in ballot; determination by election board; reprint or use of
defective ballot

IC 3-11-2-0.5 Applicability
Sec. 0.5. (a) This chapter applies only to paper ballots.
(b) This chapter does not apply to:
(1) an electronic voting system; or
(2) an optical scan voting system.
As added by P.L.58-2005, SEC.14. Amended by P.L.164-2006, SEC.87.

IC 3-11-2-1 Repealed
[Pre-1986 Recodification Citation: 3-1-23-1(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.196; P.L.3-1989, SEC.9;
P.L.2-1996, SEC.133; P.L.3-1997, SEC.256. Repealed by P.L.14-2004, SEC.196.

IC 3-11-2-2 Repealed
[Pre-1986 Recodification Citation: 3-1-23-1(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.197; P.L.5-1998, SEC.4;
P.L.66-2003, SEC.34; P.L.14-2004, SEC.93. Repealed by P.L.1-2006, SEC.588.

IC 3-11-2-2.1 All candidates and public questions in election districts in

county on ballot; notice of inspection of ballot proofs
Sec. 2.1. (a) Each county election board shall have the:

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 (1) names of all candidates for election to offices or retention in offices; and
(2) state and local public questions;
in election districts wholly or partially within the county printed on a ballot as provided in
this chapter. The county may print all offices on a single ballot under this section.
(b) Before a county election board orders the printing of a ballot, the board must provide
written notice that proofs of the ballot are available for inspection not later than sixty-seven
(67) days before the date of the election to each of the following:
(1) The county chairman of each major political party with a candidate's name
appearing on the ballot.
(2) The county chairman, if any, of any other political party with a candidate's name
appearing on the ballot.
(3) The superintendent of each school corporation with the name of a candidate for
school board office or a local public question concerning the school corporation
appearing on the ballot.
After sixty (60) days before the date of the election, the ballot is considered approved and
eligible for printing.
As added by P.L.14-2004, SEC.94. Amended by P.L.164-2006, SEC.88; P.L.193-2021,
SEC.32.

IC 3-11-2-3 Requirements of size, quality and color, and thickness; precinct

designation
Sec. 3. Each type of ballot must be:
(1) of uniform size;
(2) of the same quality and color of paper;
(3) sufficiently thick that the printing cannot be distinguished from the back; and
(4) printed with the precinct number or designation of the precinct where the ballot is
used.
[Pre-1986 Recodification Citation: 3-1-23-1(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.198; P.L.194-2013, SEC.42;
P.L.193-2021, SEC.33.

IC 3-11-2-4 Repealed
[Pre-1986 Recodification Citations: 3-1-18-2 part; 3-1-23-1(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.199; P.L.3-1995, SEC.94;
P.L.3-1997, SEC.257; P.L.66-2003, SEC.35. Repealed by P.L.194-2013, SEC.43.

IC 3-11-2-5 Name and device; listing of nominees

Sec. 5. The nominees of a:
(1) major political party;
(2) political party described by IC 3-8-4-10; or
(3) group of petitioners under IC 3-8-6 who are identified by the petition as the
nominees of a political party;
shall be listed on the ballots under the name of the party or petitioners as designated by them
in their certificate or petition. If the same device is selected by two (2) parties it shall be
given to the party that first filed the device under IC 3-8-7-11.
[Pre-1986 Recodification Citation: 3-1-23-1(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.200; P.L.230-2005, SEC.50.

IC 3-11-2-6 Name and device; order; political party; write-in voting

Sec. 6. (a) The device named and list of nominees shall be placed on the ballots as
follows:
(1) The major political party whose candidate received the highest number of votes in
the county for secretary of state at the last election in the first column or row on the left

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 side of all ballots.
(2) The major political party whose candidate received the second highest number of
votes in the county for secretary of state at the last election in the second column or
row.
(3) Any other political party in the same order.
(b) If a political party did not have a candidate for secretary of state in the last election
or a nominee is an independent candidate (or an independent ticket for President and Vice
President of the United States or for governor and lieutenant governor), the party or
independent candidate or ticket shall be placed on the ballot after the parties described in
subsection (a). If more than one (1) political party or independent candidate or ticket that has
qualified to be on the ballot did not have a candidate for secretary of state in the last election,
those parties, candidates, or tickets shall be listed on the ballot in the order in which the party
filed its petition of nomination under IC 3-8-6-12.
(c) Subject to subsection (e), a column or row for write-in voting shall be placed to the
right of all party and independent columns on the ballot.
(d) This subsection applies to a county having a population of more than four hundred
thousand (400,000) and less than seven hundred thousand (700,000). If there is insufficient
room on a row to list each candidate of a political party, a second or subsequent row may be
utilized. However, a second or subsequent row may not be utilized unless the first row, and
all preceding rows, have been filled.
(e) A column or row for write-in voting for an office is not required if there are no
declared write-in candidates for that office. However, procedures must be implemented to
permit write-in voting for candidates for federal offices.
[Pre-1986 Recodification Citation: 3-1-23-1(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.201; P.L.7-1991, SEC.4;
P.L.4-1991, SEC.60; P.L.12-1992, SEC.7; P.L.3-1993, SEC.115; P.L.14-2004, SEC.95;
P.L.11-2023, SEC.8.

IC 3-11-2-7 Cautionary statement

Sec. 7. The following statement shall be printed in underlined print at the extreme top of
a ballot to be used in an election covered by this title: "It is a crime to falsify this ballot or
to violate Indiana election laws.".
[Pre-1986 Recodification Citation: 3-1-23-1(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.202; P.L.221-2005, SEC.40.

IC 3-11-2-8 Instructions; form, location, and contents; exception

Sec. 8. (a) Except as provided in subsection (b), all written or printed instructions must
be at the top of the ballot immediately below the statement required by section 7 of this
chapter. No other instructions or writing may appear at any other place on the ballot,
including the ballot for federal and state offices, except as specified by this title.
(b) At the discretion of the county election board, general instructions to the voters
required by this title to be placed at the front of the ballot may be posted in writing in each
voting booth instead of printing the instructions on the ballot.
(c) The instructions must be in English and any other language that the board considers
necessary, clear, concise, and written so that a voter will not be confused about the effect of
the voter's voting mark and vote.
[Pre-1986 Recodification Citations: 3-1-23-1(a) part, (c).]
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.16; P.L.3-1987, SEC.203;
P.L.221-2005, SEC.41; P.L.21-2016, SEC.3.

IC 3-11-2-9 Political party devices

Sec. 9. (a) The device of each political party described in section 6 of this chapter shall
be:

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 (1) enclosed in a circle not less than three-fourths (3/4) of an inch in diameter; and
(2) placed under the name of the party or independent ticket, as required by section 10
of this chapter.
(b) A device of a political party must not be printed on a ballot if:
(1) there are no candidates of that political party; or
(2) the only candidates of the political party are for election to offices to which more
than one (1) individual is to be elected and which will not be credited with a vote under
IC 3-12-1-7 if a voter casts a straight party ticket.
[Pre-1986 Recodification Citation: 3-1-23-1(b) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.204; P.L.3-1993, SEC.116;
P.L.14-2004, SEC.96; P.L.109-2021, SEC.13; P.L.227-2023, SEC.65.

IC 3-11-2-10 Arrangement of ballot

Sec. 10. (a) Public questions shall be placed on the general election ballot in the following
order after the statement described in section 7 of this chapter, and the instructions described
in subsections (d) and (e) and section 8 of this chapter, if instructions are printed on the
ballot:
(1) Ratification of a state constitutional amendment.
(2) Local public questions.
Subject to section 10.1 of this chapter, each public question shall be placed in a separate
column on the ballot.
(b) The name or title of the political party shall be placed on the general election ballot
after the public questions described in subsection (a). The device of the political party shall
be placed immediately under the name of the political party. Notwithstanding section 8(b)
of this chapter, the instructions for voting a straight party ticket shall be placed to the right
of the device on the ballot.
(c) The instructions for voting a straight party ticket must conform as nearly as possible
to the following:
"(1) You are not required to vote a straight party ticket. If you do not wish to vote a
straight party ticket, do not make a mark in this section, and proceed to voting the
ballot by office.
(2) To vote a straight (insert political party name) ticket for all (insert political party
name) candidates on this ballot, except for candidates described in (3) below, make a
voting mark on or in this circle and do not make any other marks on this ballot.
(3) To vote for any candidate for an at-large office (insert county council, city common
council, town council, or township board if those offices appear on this ballot) to which
more than one (1) person may be elected, you must make another voting mark for each
candidate you wish to vote for. Your straight party vote will not count as a vote for any
candidate for that office.
(4) If you wish to vote for a candidate seeking a nonpartisan office or on a public
question, you must make another voting mark on the appropriate place on this ballot.".
(d) Except as permitted under section 8(b) of this chapter, if the ballot contains an
independent ticket described in section 6 of this chapter and at least one (1) other
independent candidate, the ballot must also contain a statement that reads substantially as
follows: "A vote cast for an independent ticket will only be counted for the candidates for
President and Vice President or governor and lieutenant governor comprising that
independent ticket. This vote will NOT be counted for any OTHER independent candidate
appearing on the ballot.".
(e) Except as permitted under section 8(b) of this chapter, the ballot must also contain a
statement that reads substantially as follows: "A write-in vote will NOT be counted unless
the vote is for a DECLARED write-in candidate. To vote for a write-in candidate, you must
make a voting mark on or in the square to the left of the name you have written in or your
vote will not be counted.".

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 (f) Subject to section 10.1 of this chapter, the list of candidates of the political party shall
be placed immediately under the instructions for voting a straight party ticket. The names of
the candidates shall be placed three-fourths (3/4) of an inch apart from center to center of the
name. The name of each candidate must have, immediately on its left, a square three-eighths
(3/8) of an inch on each side.
(g) The circuit court clerk may authorize the printing of ballots containing a ballot
variation code to ensure that the proper version of a ballot is used within a precinct.
[Pre-1986 Recodification Citation: 3-1-23-1(b) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.205; P.L.3-1993, SEC.117;
P.L.4-1996, SEC.60; P.L.3-1997, SEC.258; P.L.14-2004, SEC.97; P.L.58-2005, SEC.15;
P.L.190-2011, SEC.4; P.L.219-2013, SEC.30; P.L.21-2016, SEC.4; P.L.245-2017, SEC.2;
P.L.278-2019, SEC.56; P.L.141-2020, SEC.11; P.L.32-2021, SEC.2; P.L.227-2023, SEC.66.

IC 3-11-2-10.1 Retention of Marion County superior court judges

Sec. 10.1. (a) This section applies only to a public question concerning the retention in
office of a judge of the Marion superior court under IC 33-33-49.
(b) The question of the retention of the judge at the general election shall be placed on
the ballot at the same row or column level of the ballot at which the question of other judges
is placed on the ballot but in a column or row in which independent candidates are placed on
the ballot.
(c) If the question of the retention of more than one (1) judge is placed on a ballot, the
judges shall be placed on the ballot in alphabetical order according to surname.
As added by P.L.245-2017, SEC.3.

IC 3-11-2-11 Repealed
[Pre-1986 Recodification Citation: 3-1-23-1(b) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.206; P.L.10-1988, SEC.101.
Repealed by P.L.3-1993, SEC.282.

IC 3-11-2-11.5 Names of write-in candidates not printed on ballot

Sec. 11.5. The name of a write-in candidate may not be printed on any ballot.
As added by P.L.3-1997, SEC.259.

IC 3-11-2-12 Ballot order of offices

Sec. 12. (a) The following offices shall be placed on the general election ballot in the
following order after the public questions described in section 10(a) of this chapter:
(1) Federal and state offices:
(A) President and Vice President of the United States.
(B) United States Senator.
(C) Governor and lieutenant governor.
(D) Secretary of state.
(E) Auditor of state.
(F) Treasurer of state.
(G) Attorney general.
(H) United States Representative. If an election to fill a vacancy in an office of
United States Representative under IC 3-10-8 is held on the same day as the election
for the next term of the same office, the ballot shall list the election to fill the
vacancy in the office immediately after the election for the next term of the office.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified under IC 33, with each

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 division separate if there is more than one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified under IC 33, with
each division separate if there is more than one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Prosecuting attorney.
(E) Clerk of the circuit court.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(b) If a major political party does not nominate a candidate for an office on a general,
municipal, or special election ballot then the county election board may print "NO
CANDIDATE FILED" in the place on the ballot where the name of the major political party's
nominee would be printed.
As added by P.L.3-1987, SEC.207. Amended by P.L.8-1989, SEC.8; P.L.3-1997, SEC.260;
P.L.14-2004, SEC.98; P.L.98-2004, SEC.37; P.L.2-2005, SEC.4; P.L.146-2008, SEC.6;
P.L.190-2011, SEC.5; P.L.201-2011, SEC.5; P.L.6-2012, SEC.9; P.L.77-2014, SEC.5;
P.L.21-2016, SEC.5; P.L.219-2017, SEC.6; P.L.8-2019, SEC.5; P.L.278-2019, SEC.57;
P.L.109-2021, SEC.14; P.L.227-2023, SEC.67.

IC 3-11-2-12.2 Order of districts on ballot

Sec. 12.2. Whenever candidates are to be elected to an office that includes more than one
(1) district, the districts shall be placed on the ballot in alphabetical or numerical order,
according to the designation given to the district.
As added by P.L.4-1996, SEC.61. Amended by P.L.21-2016, SEC.6; P.L.74-2017, SEC.46;
P.L.109-2021, SEC.15.

IC 3-11-2-12.3 Arrangement of ballot so that all candidates for the same office
appear on the same ballot page or screen
Sec. 12.3. A ballot must be arranged so that all candidates for the same office appear on
the same page or screen of the ballot.
As added by P.L.227-2023, SEC.68.

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IC 3-11-2-12.4 Election of more than one candidate to an office; placement of
office on ballot; required instruction
Sec. 12.4. (a) This section applies whenever more than one (1) candidate may be elected
to an office.
(b) The office shall be placed on the general election ballot after the offices described in
section 12 of this chapter and before the offices described in section 12.9 of this chapter.
(c) Whenever candidates are to be elected to a county council, city common council, or
town council that includes both an at-large member and a member representing a district, the
candidates seeking election as an at-large member shall be placed on the ballot before
candidates seeking to represent a district.
(d) The ballot shall contain a statement reading substantially as follows above the name
of the first candidate: "To vote for any candidate for this office, you must make a voting mark
for each candidate you wish to vote for. A straight party vote will not count as a vote for any
candidate for this office.".
As added by P.L.21-2016, SEC.7. Amended by P.L.109-2021, SEC.16.

IC 3-11-2-12.5 Ballot order; alternative order of county offices

Sec. 12.5. Notwithstanding section 12 of this chapter, the county election board may alter
the prescribed ballot order to place the names of the candidates for the following offices
before the names of the candidates for county judicial offices:
(1) Prosecuting attorney.
(2) Clerk of the circuit court.
(3) The county offices listed in section 12(a)(4) of this chapter.
As added by P.L.4-1991, SEC.61. Amended by P.L.227-2023, SEC.69.

IC 3-11-2-12.7 Ballot order; candidates for at-large seats on fiscal or

legislative body of political subdivision
Sec. 12.7. (a) This section applies to candidates for election to at-large seats on the fiscal
or legislative body of a political subdivision.
(b) Candidates shall be listed in alphabetical order according to surname within each row
or column on the ballot.
(c) In each row or column on the ballot in which the names of candidates appear, the
ballot shall contain a statement reading substantially as follows above the name of the first
candidate: "Vote for not more than (insert number of candidates to be elected) candidates of
ANY party for this office.".
(d) If more than one (1) candidate for an at-large seat was nominated by the same petition
of nomination, these candidates shall be listed in alphabetical order by surname within the
same row or column on the ballot, with the position of the row or column being determined
under section 6 of this chapter.
As added by P.L.3-1997, SEC.261. Amended by P.L.14-2004, SEC.99; P.L.164-2006,
SEC.89.

IC 3-11-2-12.8 Repealed
As added by P.L.224-2007, SEC.2. Repealed by P.L.146-2008, SEC.801.

IC 3-11-2-12.9 Ballot order; school board offices

Sec. 12.9. (a) School board offices to be elected at the general election shall be placed on
the general election ballot after the offices described in section 12.4 of this chapter with each
candidate for the office designated as "nonpartisan".
(b) If the ballot contains a candidate for a school board office, the ballot must also contain
a statement that reads substantially as follows: "To vote for a candidate for this office, make
a voting mark on or in the square to the left of the candidate's name.".
(c) Whenever candidates are to be elected to a school board office that includes both an

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at-large member and a member representing a district, the candidates seeking election as an
at-large member shall be placed on the ballot before candidates seeking to represent a
district.
As added by P.L.83-1999, SEC.1. Amended by P.L.58-2005, SEC.16; P.L.190-2011, SEC.6;
P.L.194-2013, SEC.44; P.L.21-2016, SEC.8; P.L.109-2021, SEC.17.

IC 3-11-2-13 Ballot order; retention of justice or appellate judge

Sec. 13. (a) The following offices shall be placed on the general election ballot in the
following order after the offices described in section 12.9 of this chapter:
(1) Retention of a justice of the supreme court.
(2) Retention of a judge of the court of appeals.
(3) Retention of the judge of the tax court.
(b) Whenever more than one (1) justice of the supreme court is subject to retention, the
name of each justice must appear on the ballot in alphabetical order. However, if the justice
serving as chief justice is subject to retention, the chief justice's name must appear first.
(c) Whenever more than one (1) judge of the court of appeals is subject to retention, the
name of each judge must appear on the ballot in alphabetical order. However, if the judge
serving as chief judge is subject to retention, the chief judge's name must appear first.
(d) These offices shall be placed in a separate column on the ballot.
As added by P.L.3-1987, SEC.208. Amended by P.L.4-1991, SEC.62; P.L.83-1999, SEC.2;
P.L.58-2005, SEC.17; P.L.190-2011, SEC.7.

IC 3-11-2-14 Ballot order; other judicial offices

Sec. 14. (a) The following offices shall be placed on the general election ballot in the
following order after the offices described in section 13 of this chapter:
(1) Retention of a local judge.
(2) Local nonpartisan judicial offices.
(b) These offices shall be placed in a separate column on the ballot.
(c) If the ballot contains a candidate for a local nonpartisan judicial office, the ballot must
also contain a statement that reads substantially as follows: "To vote for a candidate for this
office, make a voting mark on or in the square to the left of the candidate's name.".
(d) If more than one (1) local nonpartisan judicial office is to be placed on the ballot, the
office shall be placed on the ballot in alphabetical or numerical order, according to the
designation given to the office. If there is more than one (1) candidate for a local nonpartisan
judicial office, the candidates shall be listed in alphabetical order according to surname.
(e) If more than one (1) question concerning the retention of a local judge is to be placed
on a ballot, the questions shall be placed on the ballot:
(1) in alphabetical order according to the surname of the local judge; and
(2) identifying the court (including division or room) in which the judge serves.
As added by P.L.3-1987, SEC.209. Amended by P.L.4-1996, SEC.62; P.L.83-1999, SEC.3;
P.L.58-2005, SEC.18; P.L.190-2011, SEC.8; P.L.193-2021, SEC.34.

IC 3-11-2-14.5 Ballot order; candidates for at-large seats on governing body

of school corporation
Sec. 14.5. (a) This section applies to candidates for election to at-large seats on the
governing body of a school corporation.
(b) Candidates shall be listed in alphabetical order according to surname.
(c) The ballot shall contain a statement reading substantially as follows above the name
of the first candidate: "Vote for no more than (insert number of candidates to be elected)
candidates for this office.".
As added by P.L.3-1997, SEC.262.

IC 3-11-2-15 Form of public question

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 Sec. 15. (a) A public question shall be placed on the general election ballot in the
following form:
(The explanatory text for the public question,
if required by law)
"Shall (insert public question)?"
[] YES
[] NO
(b) In addition to any other explanatory text required by law, the ballot must also contain
a statement that reads substantially as follows: "To vote on this public question, make a
voting mark on or in the square to the left of the word "YES" or "NO".".
(c) Except as expressly authorized or required by statute, the commission, the election
division, or a county election board may not authorize the printing or use of ballots that
contain language concerning the public question other than the language authorized by a
statute.
(d) A public question printed on a ballot shall be set forth without any quotation marks
preceding or following the text of the public question.
As added by P.L.3-1987, SEC.210. Amended by P.L.4-1996, SEC.63; P.L.3-1997, SEC.263;
P.L.109-2021, SEC.18.

IC 3-11-2-16 Errors or omissions in ballot; determination by election board;

reprint or use of defective ballot
Sec. 16. (a) If an election board determines that a ballot printed under the authority of the
election board does not comply with a requirement imposed by this title or contains any other
error or omission that might result in confusion or mistakes by voters, the board shall:
(1) reprint or correct the ballot; or
(2) conduct a public hearing concerning the defective ballots.
(b) The board may conduct the hearing after informing each political party, ticket, or
candidate that the board determines may have an interest in the matter.
(c) At the hearing, the board shall hear any testimony offered by a person concerning the
defective ballots and shall make findings of fact concerning the following:
(1) The number of ballots, if any, containing the error or omission that have already
been cast.
(2) The cost of correcting the error through the use of reprinted ballots or any other
suitable method.
(3) Whether the error or omission would be likely to cause confusion or mistakes by
voters.
(4) Whether any voter objects to the use of the ballots, notwithstanding the error or
omission.
(d) If:
(1) a voter does not file a written objection to the use of the ballots with the board
before the board concludes the hearing; and
(2) the board determines that the use of the ballots would not be likely to cause
confusion or mistakes by voters;
the board shall authorize the use of the defective ballots, notwithstanding the error or
omission.
(e) If:
(1) a voter files a written objection to the use of the ballots with the board before the
board concludes the hearing; or
(2) the board determines that the use of the ballots would be likely to cause confusion
or mistakes by voters;
the board shall order the ballots to be reprinted or altered to conform with the requirements
of this title.

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 (f) If the board acts under subsection (a) or (e), a voter who has already voted a defective
ballot by absentee ballot is entitled to recast the voter's ballot in accordance with
IC 3-11.5-4-2. Notwithstanding the issuance of an order under subsection (e), a defective
ballot shall be counted if the intent of the voter can be determined and the ballot would
otherwise be counted under IC 3-12-1.
As added by P.L.3-1993, SEC.118. Amended by P.L.3-1997, SEC.264; P.L.225-2011,
SEC.52; P.L.194-2013, SEC.45; P.L.278-2019, SEC.58.

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IC 3-11-3 Chapter 3. Distribution of Ballots and Other Supplies

3-11-3-1 Application of chapter

3-11-3-2 Repealed
3-11-3-3 Paper ballots for precincts where voting systems not sufficient to register all
votes
3-11-3-4 Repealed
3-11-3-5 Repealed
3-11-3-6 Repealed
3-11-3-7 Repealed
3-11-3-8 Repealed
3-11-3-9 Repealed
3-11-3-10 Receipt and delivery of ballots, supplies, and electronic poll books, and voting
systems
3-11-3-11 Delivery of ballots and ballot supplies; delivery and installation of hardware,
firmware, and software for electronic poll books
3-11-3-12 Packaging of ballots; attestation by circuit court clerk; inspector's receipt;
packages not to be opened
3-11-3-13 Dispatch of special messenger to pick up ballots on failure of inspector; report
to county election board
3-11-3-14 Messenger's compensation and mileage allowance
3-11-3-15 Failure of inspector to appear at circuit court clerk's office under IC 3-11-3-10
3-11-3-16 Voter registration lists; preparation; delivery to inspectors; delivery and
installation of electronic poll books
3-11-3-17 Repealed
3-11-3-18 Repealed
3-11-3-19 Repealed
3-11-3-20 Voters' poll list cover
3-11-3-21 Repealed
3-11-3-22 Instruction cards; write-in voting notice cards; printing and delivery
3-11-3-23 Instruction cards; contents
3-11-3-24 Instruction cards; posting
3-11-3-25 Displaying sample ballots
3-11-3-26 Loss or destruction of ballots delivered to county election board; report;
affidavit of circumstances; resupply
3-11-3-27 Failure or refusal to report and make proof of loss of ballots
3-11-3-28 Securing ballots or other means of voting when none available
3-11-3-29 Candidates appointed or selected after printing of ballots and before election;
name change
3-11-3-29.3 Name of former candidate who filed with secretary of state or election
division; printing name of former candidate on ballot; replacement ballot;
effect of former candidate receiving the most votes
3-11-3-29.4 Name of former candidate who filed with circuit court clerk or board of
elections and registration; printing name of former candidate on ballot;
replacement ballot; effect of former candidate receiving the most votes
3-11-3-29.5 Former candidates; reprinting ballots
3-11-3-30 Repealed
3-11-3-31 Leftover ballots; preservation; destruction
3-11-3-32 Preservation of ballot in election record; entry of information
3-11-3-33 Provision of ballot box
3-11-3-34 Ballot boxes; specifications
3-11-3-35 Counties with population of more than 400,000 and less than 700,000; voting
system malfunction; paper ballots and necessary supplies

IC 3-11-3-1 Application of chapter

Sec. 1. This chapter applies to each precinct.
[1986 Recodification Citation: New.]
As added by P.L.5-1986, SEC.7.

IC 3-11-3-2 Repealed

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 [Pre-1986 Recodification Citations: 3-1-23-3; 3-1-23-4 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.211; P.L.2-1996, SEC.134;
P.L.3-1997, SEC.265; P.L.126-2002, SEC.39; P.L.14-2004, SEC.100. Repealed by
P.L.221-2005, SEC.145.

IC 3-11-3-3 Paper ballots for precincts where voting systems not sufficient
to register all votes
Sec. 3. If, in the judgment of a county election board, the number of voters in a precinct
of the county where a voting system is used for voting is so large that the voting system in
use will not be sufficient to register the vote of all the voters in the precinct, the board may
use paper ballots in addition to the voting system. The voting by paper ballot is subject to all
the restrictions prescribed by this article.
[Pre-1986 Recodification Citation: 3-1-23-9.]
As added by P.L.5-1986, SEC.7. Amended by P.L.2-1996, SEC.135; P.L.3-1997, SEC.266;
P.L.221-2005, SEC.42.

IC 3-11-3-4 Repealed
[Pre-1986 Recodification Citation: 3-1-23-4 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.2-1996, SEC.136; P.L.3-1997, SEC.267.
Repealed by P.L.219-2013, SEC.31.

IC 3-11-3-5 Repealed
[Pre-1986 Recodification Citation: 3-1-23-4 part.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.5-1989, SEC.120.

IC 3-11-3-6 Repealed
[Pre-1986 Recodification Citation: 3-1-23-5 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.212; P.L.2-1996, SEC.137;
P.L.3-1997, SEC.268; P.L.38-1999, SEC.35; P.L.176-1999, SEC.66; P.L.126-2002, SEC.40.
Repealed by P.L.221-2005, SEC.145.

IC 3-11-3-7 Repealed
[Pre-1986 Recodification Citation: 3-1-23-5 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.213; P.L.3-1997, SEC.269.
Repealed by P.L.38-1999, SEC.73.

IC 3-11-3-8 Repealed
[Pre-1986 Recodification Citation: 3-1-23-5 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.95; P.L.2-1996, SEC.138.
Repealed by P.L.3-1997, SEC.475.

IC 3-11-3-9 Repealed
[Pre-1986 Recodification Citation: 3-1-23-5 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1997, SEC.2. Repealed by
P.L.38-1999, SEC.73.

IC 3-11-3-10 Receipt and delivery of ballots, supplies, and electronic poll

books, and voting systems
Sec. 10. (a) Except as otherwise provided in this section, the inspector of each precinct,
or another member of the precinct election board authorized in writing by the inspector, shall
appear at the office of the county election board of the inspector's county on the second or
third day before election day to receive ballots and other supplies.
(b) This subsection applies to an electronic poll book. Before delivery of an electronic

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poll book to an inspector or the inspector's authorized representative, the county election
board shall:
(1) affix a tamper-proof numbered seal to the electronic poll book or a secure container
that includes a single electronic poll book;
(2) record the number of the seal affixed to each electronic poll book or container; and
(3) provide a list of the units and the number of the unit's seal to the inspector.
(c) A county election board may adopt a resolution by the unanimous vote of the entire
membership of the county election board to use an alternative electronic poll book delivery
protocol instead of using seals under subsection (b). A resolution under this subsection must
set forth the following information:
(1) The method to be used to ensure that an electronic poll book is not accessed,
modified, or tampered with after the electronic poll book is transferred by the county
election board to the inspector or the inspector's authorized representative for delivery.
(2) The method for a precinct election board or vote center officers to determine and
document on behalf of the county election board that each electronic poll book was
successfully secured against improper access, modification, or tampering before
delivery to the polling place or vote center.
Before any electronic poll book is delivered to a polling place or vote center, the resolution
must be filed with the election division.
(d) This subsection applies to a voting system. At any time before election day:
(1) the county election board;
(2) teams consisting of at least two (2) individuals and that:
(A) are designated by the county election board;
(B) are affiliated with a political party entitled to nominate an individual to serve as
an appointed member of the county election board; and
(C) have at least two (2) individuals on the team who are not members of the same
political party; or
(3) a commercial delivery entity operating under a contract with the county election
board;
shall deliver all voting systems to the polls for the precinct or to the vote centers.
(e) The county election board may not:
(1) designate any individual to serve on a delivery team if the individual is:
(A) imprisoned;
(B) subject to lawful detention;
(C) on probation;
(D) on parole;
(E) subject to home detention; or
(F) placed in a community corrections program; or
(2) permit a commercial delivery entity to allow any individual who is:
(A) imprisoned;
(B) subject to lawful detention;
(C) on probation;
(D) on parole;
(E) subject to home detention; or
(F) placed in a community corrections program;
to have access to or deliver a voting system.
(f) If a county election board uses the teams or a commercial delivery entity described in
subsection (d), the board shall require that:
(1) two (2) members of each team who are not members of the same political party; or
(2) the commercial delivery entity;
execute a certificate setting forth the information set forth in subsection (g).
(g) The certificate required in subsection (f) must be signed by the two (2) members of
each team described in subsection (d) or by an individual authorized to act on behalf of the

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commercial delivery entity. The certificate must include the following:
(1) That the voting systems remained in the custody and control of each individual
during the period beginning when the voting systems were received from the county
election board and ending when the voting systems were delivered to the location of the
polling place or vote center.
(2) That no individual other than a team member or an individual acting on behalf of
the commercial delivery entity had access to any voting system.
(3) That an individual documented receipt of the voting system at the polling location
or vote center when the system was delivered.
(4) The:
(A) written name and signature of the individual; and
(B) date that the voting system was delivered to the custody of that individual.
(h) Immediately upon any delivery of a voting system, the completed certificate must be
filed with the county election board.
[Pre-1986 Recodification Citation: 3-1-23-6 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.71-2019, SEC.9.

IC 3-11-3-11 Delivery of ballots and ballot supplies; delivery and installation

of hardware, firmware, and software for electronic poll books
Sec. 11. (a) Except as provided in subsection (b), the county election board shall deliver
the following to each inspector or the inspector's representative:
(1) The supplies provided for the inspector's precinct by the election division.
(2) The ballot labels, if any, and all poll lists, registration lists, and other supplies
considered necessary to conduct the election in the inspector's precinct.
(3) The ballots printed under the direction of the county election board as follows:
(A) In those precincts where ballot card voting systems are to be used, the number
of ballots at least equal to one hundred percent (100%) of the number of voters in the
inspector's precinct, according to the poll list.
(B) In those precincts where electronic voting systems are to be used, the number of
ballots that will be required to be printed and furnished to the precincts for
emergency purposes only.
(C) Provisional ballots in the number considered necessary by the county election
board.
(4) Twenty (20) ink pens suitable for printing the names of write-in candidates on the
ballot or ballot envelope.
(5) Copies of the voter's bill of rights for posting as required by 52 U.S.C. 21082.
(6) Copies of the instructions for a provisional voter required by 52 U.S.C. 21082 and
IC 3-11.7-2-2. The county election board shall provide at least the number of copies
of the instructions as the number of provisional ballots provided under subdivision (3).
(7) Copies of the notice for posting as required by IC 3-7-29-1(f).
(8) The blank voter registration applications required to be provided under
IC 3-7-48-7(b).
(9) A sample ballot or an electronic form of the sample ballot, if required under
IC 3-11-11-1.7, IC 3-11-13-9, or IC 3-11-14-7.
(b) This subsection applies to a county that:
(1) has adopted an order under IC 3-7-29-6(a)(1); or
(2) is a vote center county under IC 3-11-18.1.
The county election board shall deliver and install the hardware, firmware, and software
necessary to use an electronic poll book in each precinct or vote center.
[Pre-1986 Recodification Citation: 3-1-23-6 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.214; P.L.4-1991, SEC.63;
P.L.2-1996, SEC.139; P.L.3-1997, SEC.270; P.L.126-2002, SEC.41; P.L.209-2003,
SEC.105; P.L.230-2005, SEC.51; P.L.271-2013, SEC.15; P.L.2-2014, SEC.4; P.L.76-2014,

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SEC.30; P.L.128-2015, SEC.154; P.L.169-2015, SEC.90; P.L.193-2021, SEC.35;
P.L.227-2023, SEC.70.

IC 3-11-3-12 Packaging of ballots; attestation by circuit court clerk;

inspector's receipt; packages not to be opened
Sec. 12. (a) The ballots delivered to the inspector of each precinct under section 11 of this
chapter shall be placed in a strong and stout paper envelope or bag, which shall then be
tightly closed, fastened securely, and attested by the initials of the circuit court clerk or the
clerk's designee in the presence of the inspector or the inspector's representative. The
inspector shall sign a receipt for the ballots. The ballot packages may not be opened until:
(1) they have been delivered to the precinct election board to which they are directed;
and
(2) the precinct election board is fully organized and ready for the reception of votes.
(b) The provisional ballots delivered to the inspector of each precinct under section 11
of this chapter shall be placed in a strong and stout paper envelope or bag, separate from the
bag described in subsection (a), which shall then be tightly closed, fastened securely, and
attested by the initials of the circuit court clerk or the clerk's designee in the presence of the
inspector or the inspector's representative. The inspector shall sign a receipt for the
provisional ballots. The provisional ballot packages may not be opened until:
(1) they have been delivered to the precinct election board to which they are directed;
and
(2) the precinct election board is fully organized and ready to receive votes.
[Pre-1986 Recodification Citation: 3-1-23-6 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.42; P.L.221-2005, SEC.43.

IC 3-11-3-13 Dispatch of special messenger to pick up ballots on failure of

inspector; report to county election board
Sec. 13. If an inspector (or the inspector's representative) fails to appear at the office of
the circuit court clerk by the close of the second day before election day, the county election
board shall immediately dispatch a special messenger to the inspector's precinct with the
ballots for the precinct. After delivering the ballots, the messenger shall promptly report to
the county election board and file with it:
(1) the receipt of the person to whom the messenger delivered the ballots; and
(2) the messenger's affidavit stating when and to whom the messenger delivered the
ballots.
[Pre-1986 Recodification Citation: 3-1-23-7 part.]
As added by P.L.5-1986, SEC.7.

IC 3-11-3-14 Messenger's compensation and mileage allowance

Sec. 14. If a county election board dispatches a messenger under section 13 of this
chapter, the messenger is entitled to receive:
(1) two dollars ($2) for time; and
(2) a mileage allowance at a rate determined by the county fiscal body for the distance
necessarily traveled.
[Pre-1986 Recodification Citation: 3-1-23-7 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1997, SEC.3.

IC 3-11-3-15 Failure of inspector to appear at circuit court clerk's office

under IC 3-11-3-10
Sec. 15. If an inspector fails to appear at the office of the circuit court clerk under section
10 of this chapter, the inspector is not entitled to compensation for services at the election.
[Pre-1986 Recodification Citation: 3-1-23-7 part.]
As added by P.L.5-1986, SEC.7.

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IC 3-11-3-16 Voter registration lists; preparation; delivery to inspectors;
delivery and installation of electronic poll books
Sec. 16. (a) Except as provided in subsection (b), each county election board shall prepare
and have delivered to the inspectors of the precincts, at the time they receive the ballots for
their precincts, a suitable number of voter registration lists certified under IC 3-7-29 and any
other forms, papers, certificates, and oaths that are required to be furnished to precinct
election boards. The forms and papers must be prepared in compliance with IC 3-5-4-8.
(b) In a county described by IC 3-7-29-6(a)(1) or IC 3-11-18.1, the electronic poll books
shall be delivered and installed for use by the county election board under section 11(b) of
this chapter.
(c) The county voter registration office shall cooperate with the county election board in
the preparation of the lists certified under IC 3-7-29 (or in the use of the electronic poll
books).
[Pre-1986 Recodification Citation: 3-1-23-8 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.209-2003, SEC.106; P.L.164-2006,
SEC.90; P.L.194-2013, SEC.46; P.L.271-2013, SEC.16; P.L.258-2013, SEC.70;
P.L.64-2014, SEC.40; P.L.169-2015, SEC.91.

IC 3-11-3-17 Repealed
[Pre-1986 Recodification Citation: 3-1-23-8 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.215; P.L.3-1993, SEC.119;
P.L.12-1995, SEC.75; P.L.209-2003, SEC.107. Repealed by P.L.164-2006, SEC.143.

IC 3-11-3-18 Repealed
[Pre-1986 Recodification Citation: 3-1-23-8 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.96; P.L.199-2001, SEC.20;
P.L.209-2003, SEC.108; P.L.2-2004, SEC.2. Repealed by P.L.164-2006, SEC.143.

IC 3-11-3-19 Repealed
[Pre-1986 Recodification Citation: 3-1-23-8 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.209-2003, SEC.109. Repealed by
P.L.164-2006, SEC.143.

IC 3-11-3-20 Voters' poll list cover

Sec. 20. On the front cover of the bound looseleaf poll list sheets or the book form poll
lists the following should be printed:
(1) The heading: "VOTERS' POLL LIST COVER".
(2) A notice to the inspector that after the polls are closed the poll list that has been
used in the precinct on election day should be assembled and enclosed in a separate
envelope provided for that purpose and delivered to the clerk of the circuit court of the
county in which the election is held with the other election returns as provided in this
title.
(3) The signatures of the inspector, judges, and clerks of the election board, certifying
the following:
(A) That the signatures shown in the list is the record of the voters' poll list.
(B) The type of election.
(C) The date of the election.
[Pre-1986 Recodification Citation: 3-1-23-8 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.97; P.L.4-1996, SEC.64.

IC 3-11-3-21 Repealed
[Pre-1986 Recodification Citation: 3-1-23-8 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.209-2003, SEC.110. Repealed by

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P.L.164-2006, SEC.143.

IC 3-11-3-22 Instruction cards; write-in voting notice cards; printing and

delivery
Sec. 22. (a) Each county election board shall have printed in at least 14 point type on
cards in English, braille, and any other language that the board considers necessary, the
following:
(1) Instructions for the guidance of voters in preparing their ballots.
(2) Instructions explaining the procedure for write-in voting.
(3) Write-in voting notice cards that must be posted in each precinct that utilizes a
voting system that does not permit a voter to alter the voter's ballot after making a
voting mark for a write-in candidate so that the voter may vote for a candidate for that
office whose name appears on the ballot.
(b) The write-in notice cards described in subsection (a)(3) must inform all voters that a
voter:
(1) who wants to cast write-in votes may cast the voter's ballot on the voting system
required to be available to all voters in the precinct under IC 3-11-15-13.3(f); and
(2) may choose to cast the voter's ballot on the voting system described in subdivision
(1) without being required to indicate to any individual that the voter wishes to cast a
ballot on the voting system because the voter intends to cast a ballot for a write-in
candidate.
(c) The board shall furnish the number of cards it determines to be adequate for each
precinct to the inspector at the same time the board delivers the ballots for the precinct and
shall furnish a magnifier upon request to a voter who requests a magnifier to read the cards.
[Pre-1986 Recodification Citation: 3-1-23-11 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.216; P.L.4-1991, SEC.64;
P.L.3-1993, SEC.120; P.L.221-2005, SEC.44; P.L.164-2006, SEC.91; P.L.71-2019, SEC.10.

IC 3-11-3-23 Instruction cards; contents

Sec. 23. (a) The cards required by section 22 of this chapter must contain instructions to
the voters as to what must be done to:
(1) obtain ballots for voting;
(2) prepare ballots for voting; and
(3) obtain a new ballot in place of one accidentally defaced, mutilated, or spoiled.
(b) The cards must contain, in underlined type, the following:
(1) That it is a crime to violate Indiana election laws.
(2) That the voter should examine the ballot to determine whether the back of the ballot
has:
(A) the initials of the poll clerks in ink; or
(B) the printed initials of the poll clerks, in a vote center county using an electronic
poll list and a printer separate from the electronic poll list that prints on the back of
each ballot card, immediately before the ballot card is delivered to the voter, the
printed initials of the poll clerks captured through the electronic signature pad or
tablet at the time the poll clerks log into the electronic poll book system.
(3) That the voter should examine the ballot to determine if the ballot has any mark
(other than the initials of the poll clerks) before voting.
(4) That the voter should not make any mark on the ballot except a voting mark in the
manner provided by IC 3-12-1 because a mark other than a voting mark may void the
ballot.
(5) That the voter should return the ballot to the poll clerks and request another ballot
if:
(A) the poll clerks' initials have not been properly placed on the ballot;
(B) the ballot has a mark (other than the initials of the poll clerks) before the voter

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 places a voting mark on the ballot; or
(C) the voter has improperly marked the ballot.
(c) The cards must also set out copies of IC 3-14-2-16, IC 3-14-2-17, IC 3-14-3-10,
IC 3-14-3-13, IC 3-14-3-15, IC 3-14-3-16, and IC 3-14-4-9.
[Pre-1986 Recodification Citation: 3-1-23-11 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.217; P.L.55-2014, SEC.2.

IC 3-11-3-24 Instruction cards; posting

Sec. 24. The inspector of each precinct shall have the cards required by section 22 of this
chapter posted as follows:
(1) One (1) of each card in each place or compartment provided for the preparation of
ballots.
(2) One (1) of each card at or close to the outer end of the chute.
(3) At least three (3) of each card in and about the polls.
[Pre-1986 Recodification Citation: 3-1-23-11 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.69-2003, SEC.3.

IC 3-11-3-25 Displaying sample ballots

Sec. 25. (a) This subsection applies when the county election board provides a precinct
with a printed sample ballot under section 11 of this chapter. As required by 52 U.S.C.
21082, the inspector of each precinct shall post the samples of each of the state and local
ballots provided by the county election board under this article in and about the polls. The
sample ballots shall be printed on different paper than the genuine ballots.
(b) An electronic device that is not an electronic poll book may be used at a precinct or
vote center to display a sample ballot. For purposes of certification of voting systems under
this article, an electronic device, the only function of which is the display of sample ballots,
is not considered to be a voting system or part of a voting system.
(c) This subsection applies when the county election board provides a precinct with an
electronic form of the sample ballot under section 11 of this chapter. The inspector of the
precinct, or a person under the direction of the inspector, shall post a notice in and about the
polls that the sample ballot for the precinct is available for review on an electronic device.
The sample ballot must be made available for public inspection throughout election day.
(d) This subsection applies to a county using vote centers when the county election board
provides the vote center with an electronic form of the sample ballot under section 11 of this
chapter. The inspector of the vote center, or a person under the direction of the inspector,
shall post a notice in and about the polls that the sample ballots for each precinct in the
county are available for review on an electronic device. The sample ballots must be made
available for public inspection throughout election day.
[Pre-1986 Recodification Citation: 3-1-23-11 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.102; P.L.209-2003,
SEC.111; P.L.128-2015, SEC.155; P.L.227-2023, SEC.71.

IC 3-11-3-26 Loss or destruction of ballots delivered to county election

board; report; affidavit of circumstances; resupply
Sec. 26. If by accident or casualty the ballots delivered to a county election board, circuit
court clerk, inspector, or other messenger are lost or destroyed, the person in custody of the
ballots shall report the loss at once to the election board from which the ballots were
obtained. The person in custody of the ballots shall make an affidavit of the circumstances
of the loss, and the election board from which the ballots were obtained immediately shall
resupply the person.
[Pre-1986 Recodification Citation: 3-1-23-10 part.]
As added by P.L.5-1986, SEC.7.

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IC 3-11-3-27 Failure or refusal to report and make proof of loss of ballots
Sec. 27. If the person in custody of the ballots fails or refuses to report and make proof
of the loss as required by section 26 of this chapter, then any voter may do so. Upon such a
report the election board from which the ballots were obtained immediately shall send a new
supply of ballots by special messenger, as provided in other cases.
[Pre-1986 Recodification Citation: 3-1-23-10 part.]
As added by P.L.5-1986, SEC.7.

IC 3-11-3-28 Securing ballots or other means of voting when none available

Sec. 28. If for any reason there are no ballots or other necessary means for voting at the
opening of the polls, the precinct election board shall secure them as quickly as possible. If
necessary, the board may have ballots printed. However, the ballots must conform as nearly
as possible to the official ballots. The printing and the care of the ballots are governed by the
same provisions and penalties as the printing and care of the other ballots prescribed by this
article.
[Pre-1986 Recodification Citation: 3-1-23-10 part.]
As added by P.L.5-1986, SEC.7.

IC 3-11-3-29 Candidates appointed or selected after printing of ballots and

before election; name change
Sec. 29. (a) If a new candidate is appointed or selected under IC 3-13-1 or IC 3-13-2 after
the printing of ballots and before the election, the election board shall print ballots containing
the name of the new candidate, except as provided in section 29.5 of this chapter.
(b) If a candidate entitled to be placed on the ballot changes the candidate's legal name
after the printing of ballots and before the election, the board is not required to reprint ballots
to reflect the change of legal name.
[Pre-1986 Recodification Citation: 3-1-23-2(a).]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.218; P.L.5-1989, SEC.49;
P.L.4-1996, SEC.65; P.L.3-1997, SEC.271; P.L.202-1999, SEC.19; P.L.225-2011, SEC.53;
P.L.194-2013, SEC.47; P.L.169-2015, SEC.92.

IC 3-11-3-29.3 Name of former candidate who filed with secretary of state or

election division; printing name of former candidate on ballot;
replacement ballot; effect of former candidate receiving the
most votes
Sec. 29.3. (a) This section applies to a candidate who has filed with the secretary of state
or election division as a candidate for nomination in a primary election.
(b) If the election division determines that a candidate for nomination in a primary is a
former candidate, the division shall:
(1) not include the name of the candidate in the certification transmitted to the county
under IC 3-8-2-17; or
(2) if the certification to the county has already been transmitted, notify the county
election board of each county to which the candidate's name has been previously
certified.
(c) The county election board shall not print the name of a former candidate described in
subsection (b) on a primary ballot. However, if the county election board has already printed
ballots containing the name of the former candidate, the county may provide those ballots to
voters and shall not reprint the ballot to remove the name of the former candidate.
(d) A voter who has cast a ballot containing the name of a former candidate is entitled to
request a replacement absentee ballot under IC 3-11.5-4-2.
(e) If a former candidate receives the most votes in a primary election, a candidate
vacancy occurs that the candidate's party may fill under IC 3-13.
As added by P.L.194-2013, SEC.48. Amended by P.L.169-2015, SEC.93; P.L.278-2019,

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SEC.59; P.L.227-2023, SEC.72.

IC 3-11-3-29.4 Name of former candidate who filed with circuit court clerk or
board of elections and registration; printing name of former
candidate on ballot; replacement ballot; effect of former
candidate receiving the most votes
Sec. 29.4. (a) This section applies to a candidate who has filed with a circuit court clerk
or board of elections and registration as a candidate for:
(1) nomination in a primary election or municipal primary election; or
(2) election to a political party office in a primary election.
(b) If the county election board determines by unanimous vote of the entire membership
that there is good cause to believe that a candidate is a former candidate, the board shall not
print the name of the candidate on the primary ballot.
(c) However, if the county election board has already printed ballots containing the name
of the former candidate, the county may provide those ballots to voters and shall not reprint
the ballot to remove the name of the former candidate.
(d) A voter who has cast a ballot containing the name of a former candidate is entitled to
request a replacement absentee ballot under IC 3-11.5-4-2.
(e) If a former candidate receives the most votes in a primary election, a candidate
vacancy occurs that the candidate's party may fill under IC 3-13.
As added by P.L.194-2013, SEC.49. Amended by P.L.76-2014, SEC.31; P.L.169-2015,
SEC.94; P.L.278-2019, SEC.60; P.L.227-2023, SEC.73.

IC 3-11-3-29.5 Former candidates; reprinting ballots

Sec. 29.5. (a) This section applies to a general or special election in which the name of
a candidate appears on the ballot. This section does not apply to an election for presidential
electors.
(b) The election board shall print new ballots to remove the name of a former candidate
if:
(1) the candidate's party fills the vacancy under IC 3-13-1 or IC 3-13-2 not later than
noon, five (5) days before the election; and
(2) when a candidate has died, the election board:
(A) receives a certificate of death issued under IC 16-37-3 not later than noon the
seventh day before the election; or
(B) votes unanimously by the entire membership that there is good cause to believe
that the candidate has died.
(c) The election board shall provide the number of ballots necessary to reflect a vacancy
to the following:
(1) The absentee voter board.
(2) The inspector of each precinct in which the candidate is on the ballot.
(3) The circuit court clerk.
(d) If the election board reprints ballots under subsection (b), the election board may
order the printing of new ballots that omit the name of a former candidate. A ballot printed
under this subsection must contain the statement "NO CANDIDATE" or words to that effect
at the appropriate position on the ballot.
(e) If a candidate vacancy under IC 3-13-1 or IC 3-13-2 is filled after noon five (5) days
before the election, the election board is not required to reprint ballots to remove the name
of a former candidate but may do so upon the vote of the election board.
As added by P.L.4-1991, SEC.65. Amended by P.L.2-1993, SEC.31; P.L.3-1993, SEC.121;
P.L.4-1996, SEC.66; P.L.3-1997, SEC.272; P.L.38-1999, SEC.36; P.L.219-2013, SEC.32;
P.L.258-2013, SEC.71; P.L.201-2017, SEC.26; P.L.278-2019, SEC.61; P.L.227-2023,
SEC.74.

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IC 3-11-3-30 Repealed
[Pre-1986 Recodification Citation: 3-1-23-2(b).]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.219; P.L.4-1991, SEC.66;
P.L.3-1993, SEC.122; P.L.126-2002, SEC.43. Repealed by P.L.194-2013, SEC.50.

IC 3-11-3-31 Leftover ballots; preservation; destruction

Sec. 31. (a) Each county election board shall preserve the unused ballots that are left over
after supplying the precincts, as prescribed by section 11 of this chapter. The ballots shall be
preserved until expiration of the time for filing a contest or recount petition under IC 3-12.
(b) The board shall then destroy all of the ballots, except for one (1) regular ballot and
one (1) provisional ballot.
[Pre-1986 Recodification Citation: 3-1-23-13 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.220; P.L.3-1993, SEC.123;
P.L.126-2002, SEC.44.

IC 3-11-3-32 Preservation of ballot in election record; entry of information

Sec. 32. (a) The county election board shall securely paste the one (1) regular ballot that
was preserved under section 31 of this chapter in the election record immediately before the
provisional ballot placed under subsection (b). The board shall also enter below the ballot
the number of ballots:
(1) printed by the board;
(2) delivered to each messenger; and
(3) destroyed by the board.
(b) The county election board shall securely paste the one (1) provisional ballot that was
preserved under section 31 of this chapter in the election record immediately after the regular
ballot placed in the record under subsection (a) and immediately before the place where the
vote is to be recorded. The board shall also enter below the provisional ballot the number of
provisional ballots:
(1) printed by the board;
(2) delivered to each messenger; and
(3) destroyed by the board.
[Pre-1986 Recodification Citation: 3-1-23-13 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.45.

IC 3-11-3-33 Provision of ballot box

Sec. 33. Whenever a general election is held, the county election board shall provide a
ballot box for each precinct.
[Pre-1986 Recodification Citations: 3-1-18-2 part; 3-1-23-15 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.221.

IC 3-11-3-34 Ballot boxes; specifications

Sec. 34. Each ballot box provided under section 33 of this chapter must:
(1) have an opening in the lid sufficient only for a single ballot;
(2) have at least two (2) locks of different kinds and combinations, so that one (1) key
will not unlock the other; and
(3) be constructed to prevent fraud.
[Pre-1986 Recodification Citations: 3-1-23-15 part; 3-1-23-16 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.222.

IC 3-11-3-35 Counties with population of more than 400,000 and less than
700,000; voting system malfunction; paper ballots and
necessary supplies
Sec. 35. (a) This section applies to a county having a population of more than four

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hundred thousand (400,000) and less than seven hundred thousand (700,000).
(b) In each precinct where voting is by electronic voting system, the county election board
shall provide the following to be used if an electronic voting system malfunctions:
(1) The following number of paper ballots:
(A) Not less than ten (10) if the number of registered voters in the precinct is not
more than three hundred (300).
(B) Not less than twenty-five (25) if the number of registered voters in the precinct
is more than three hundred (300).
(2) The necessary supplies and equipment as required by IC 3-11-11.
(c) Upon notice that an electronic voting system is out of order or fails to work, the
precinct election board shall make the paper ballots provided under subsection (b) available
to voters. The precinct election board shall contact the county election board to obtain
additional ballots.
(d) Upon notice that an electronic voting system is out of order or fails to work, the
county election board shall deliver additional necessary supplies to any precinct in the
county, including additional paper ballots.
As added by P.L.10-1992, SEC.22. Amended by P.L.20-1993, SEC.1; P.L.221-2005,
SEC.45; P.L.11-2023, SEC.9.

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IC 3-11-4 Chapter 4. Eligibility and Application for Absentee Ballot

3-11-4-0.5 When an absentee ballot is considered sent to a voter

3-11-4-1 Entitlement to vote by absentee ballot in clerk's office or satellite office;
conditions
3-11-4-1.5 Application of chapter to certain voters
3-11-4-2 Application for absentee ballot; assistance; providing an application;
identification numbers; handling; affidavits
3-11-4-2.1 False, fictitious, or fraudulent absentee ballot application; delivery to county
election board; sworn statement; county election board action
3-11-4-2.2 Providing identification numbers and temporary credential information;
updating voter registration record; confidentiality
3-11-4-3 Time periods during which an application for absentee ballot may be received;
forwarding application to county where voter is registered to vote
3-11-4-4 Manner of making application; furnished forms; fax and electronic mail
applications
3-11-4-5 Repealed
3-11-4-5.1 Application form; contents
3-11-4-5.2 Direct mailings including application for absentee ballot; required information
about sender of communication
3-11-4-5.5 Election division designated as single office for voter registration and absentee
ballot procedures for overseas and absent uniformed services voters; MOVE
exception
3-11-4-5.7 Military and Overseas Voter Empowerment Act; delegation of authority to
counties; designation of communications means; providing applications to
voters; security and privacy of application requests; providing information to
voters; free access system
3-11-4-5.8 Voter with print disabilities; requesting voter registration application, absentee
ballot application; use of electronic mail, fax, or web publication
3-11-4-6 Absent uniformed services voters, overseas voters, address confidentiality
voters, and voters with print disabilities; transmission of applications and
ballots
3-11-4-6.1 Repealed
3-11-4-6.2 Expiration of designation as absent uniformed services voter, overseas voter,
or voter with print disabilities in computerized list
3-11-4-7 Uniformed services voters, overseas voters, and address confidentiality voters;
requirements for application
3-11-4-8 Nonresident overseas voter; entitled to receive only federal ballots; precinct of
voter
3-11-4-9 Repealed
3-11-4-10 Estimate of number of ballots required
3-11-4-11 Repealed
3-11-4-12 Repealed
3-11-4-12.5 Absent uniformed services voter or overseas voter; use of federal write-in
absentee ballot form; waiver of confidentiality not required
3-11-4-13 Repealed
3-11-4-14 Ballots other than those specified in IC 3-11-4-12.5; preparation and printing
under direction of county election board; printing on security paper
3-11-4-15 Ballots prepared and printed under direction of county election board; delivery
to circuit court clerk
3-11-4-16 Marking on label attached to package of ballots delivered to circuit court
clerk; distribution of ballots
3-11-4-17 Filing of application received; recording of information in statewide voter
registration list
3-11-4-17.5 Consideration of application; determinations; denial of application; casting
provisional ballot; filing additional documentation; transfer of registration
3-11-4-17.6 Procedures for defective absentee ballot applications; providing and receiving
absentee ballot
3-11-4-17.7 Replacement official ballots
3-11-4-17.8 Official replacement ballots; procedures
3-11-4-18 Transmitting ballots; tracking ballots; additional documentation; voter

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 education program
3-11-4-18.5 Challenge absentee voter application; affidavit; referral to county election
board
3-11-4-19 Necessity of circuit court clerk's official seal and signature and initials of
members of absentee voter board
3-11-4-20 Envelope; enclosure of ballot; addressee
3-11-4-21 Envelope; affidavit
3-11-4-22 Repealed

IC 3-11-4-0.5 When an absentee ballot is considered sent to a voter

Sec. 0.5. For purposes of this chapter, an absentee ballot application or an absentee ballot
is considered "sent" to a voter if the application or ballot is:
(1) sent by United States mail addressed to the voter;
(2) transmitted by fax to a number provided by the voter; or
(3) personally given to the voter.
As added by P.L.126-2002, SEC.46.

IC 3-11-4-1 Entitlement to vote by absentee ballot in clerk's office or

satellite office; conditions
Sec. 1. (a) A voter who is otherwise qualified to vote in person is entitled to vote by
absentee ballot. Except as otherwise provided in this article, a voter voting by absentee ballot
must vote in the office of the circuit court clerk (or board of elections and registration in a
county subject to IC 3-6-5.2 or IC 3-6-5.6) or at a satellite office established under
IC 3-11-10-26.3.
(b) A county election board, by unanimous vote of its entire membership, may authorize
a person who is otherwise qualified to vote in person to vote by absentee ballot if the board
determines that the person has been hospitalized or suffered an injury following the final date
and hour for applying for an absentee ballot that would prevent the person from voting in
person at the polls.
(c) A county election board or board of elections and registration, by unanimous vote of
its entire membership, may authorize an individual who is otherwise qualified to vote in
person and wishes to vote by absentee ballot to file an application for an absentee ballot if
the board determines that:
(1) during the last eleven (11) days before the election:
(A) the governor has declared a disaster emergency under IC 10-14-3-12; or
(B) the county has declared a local disaster emergency under IC 10-14-3-29;
(2) the disaster emergency prevents the individual from voting in person at a polling
place; and
(3) an absentee voter board can receive the voter's absentee ballot not later than 6 p.m.
on election day.
(d) The absentee ballots used in subsection (b) or (c) must be the same official absentee
ballots as described in section 15 of this chapter. Taking into consideration the amount of
time remaining before the election, the commission, the county election board, or the board
of elections and registration shall determine whether the absentee ballots are transmitted to
and from the voter by any of the following:
(1) Mail.
(2) Personal delivery.
An absentee ballot that is personally delivered shall comply with the requirements in sections
19, 20, and 21 of this chapter.
[Pre-1986 Recodification Citation: 3-1-22-1.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.223; P.L.7-1990, SEC.40;
P.L.4-1991, SEC.67; P.L.3-1993, SEC.124; P.L.17-1993, SEC.10; P.L.1-1994, SEC.4;
P.L.12-1995, SEC.76; P.L.3-1995, SEC.98; P.L.2-1996, SEC.140; P.L.126-2002, SEC.47;
P.L.14-2004, SEC.101; P.L.66-2010, SEC.9; P.L.109-2021, SEC.19; P.L.193-2021, SEC.36.

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IC 3-11-4-1.5 Application of chapter to certain voters
Sec. 1.5. The provisions of this chapter relating to an absentee ballot application do not
apply to a voter who votes:
(1) in person under IC 3-11-10-26 or IC 3-11-10-26.3; and
(2) in a county using an electronic poll book.
As added by P.L.169-2015, SEC.95.

IC 3-11-4-2 Application for absentee ballot; assistance; providing an

application; identification numbers; handling; affidavits
Sec. 2. (a) A voter who wants to vote by absentee ballot must apply to the county election
board for an absentee ballot. Except as provided in subsection (b), the voter must sign the
absentee ballot application.
(b) If a voter with disabilities is unable to sign the absentee ballot application and the
voter has not designated an individual to serve as attorney in fact for the voter, the voter may
designate an individual eligible to assist the voter under IC 3-11-9-2(a) to sign the application
on behalf of the voter and add the individual's name to the application. If an individual
applies for an absentee ballot as the properly authorized attorney in fact for a voter, the
attorney in fact must attach a copy of the power of attorney to the application and comply
with subsection (d).
(c) A person may provide an individual with an application for an absentee ballot with the
following information already printed or otherwise set forth on the application when provided
to the individual:
(1) The name of the individual.
(2) The voter registration address of the individual.
(3) The mailing address of the individual.
(4) The date of birth of the individual.
(d) A person may not provide an individual with an application for an absentee ballot with
the following information already printed or otherwise set forth on the application when
provided to the individual:
(1) The address to which the absentee ballot would be mailed, if different from the
voter registration address of the individual.
(2) In a primary election, the major political party ballot requested by the individual.
(3) In a primary or general election, the types of absentee ballots requested by the
individual.
(4) The reason why the individual is entitled to vote an absentee ballot:
(A) by mail; or
(B) before an absentee voter board (other than an absentee voter board located in the
office of the circuit court clerk or a satellite office);
in accordance with section 18 of this chapter, IC 3-11-10-24, or IC 3-11-10-25.
(5) The voter identification number of the individual.
(e) If the county election board determines that an absentee ballot application does not
comply with subsection (d), the board shall implement the procedures prescribed by section
17.6 of this chapter.
(f) The following statement must be printed in at least 16 point font size, underlined, and
clearly legible print on the envelope of an absentee ballot application that a person sends to
an individual:
"(Name of person sending the absentee ballot application) has sent you the enclosed
application. This is unsolicited and is not sent by a state or local election official.".
(g) This subsection:
(1) applies only to an application to be mailed to an individual; and
(2) does not apply to an application provided to an individual online.
An agency of the state or a political subdivision may not provide an individual with an
absentee ballot application unless requested by the individual or a member of the individual's

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family listed in IC 3-6-6-7(a)(4).
(h) An absentee ballot application must request that the individual include:
(1) on the individual's ballot application:
(A) either:
(i) the individual's ten (10) digit Indiana driver's license number issued under
IC 9-24-11;
(ii) the individual's ten (10) digit Indiana identification card number for nondrivers
issued under IC 9-24-16; or
(iii) the unique identifying number assigned to the voter's registration record in the
computerized list; and
(B) the last four (4) digits of the voter's Social Security number; or
(2) with the individual's ballot application, a photocopy of:
(A) the individual's:
(i) driver's license issued under IC 9-24; or
(ii) Indiana identification card for nondrivers issued under IC 9-24-16; or
(B) other proof of identification for the individual under IC 3-5-2-40.5.
Information and documentation described by this subsection that is included on or with an
individual's ballot application is confidential. A county voter registration office is only
required to redact the confidential information in responding to a public records request
under IC 5-14-3. The application form must state that an applicant may include only one (1)
of the numbers under subdivision (1) or one (1) of the documents under subdivision (2), but
the application may be delayed if the county election board cannot match at least one (1) of
the numbers described in this subsection with the voter's registration record.
(i) This subsection applies only to an absentee ballot application submitted in an
electronic format using a module of the computerized list under IC 3-7-26.3. In order for an
individual to access the absentee ballot application, the individual shall provide one (1) of
the following:
(1) The individual's ten (10) digit Indiana driver's license number issued under
IC 9-24-11.
(2) The individual's ten (10) digit Indiana identification card number for nondrivers
issued under IC 9-24-16.
(3) The unique identifying number assigned to the voter's registration record in the
computerized list.
(4) The last four (4) digits of the individual's Social Security number.
Information described by subdivisions (1) through (4) that is provided by an individual under
this subsection is confidential. A county voter registration office is only required to redact
the confidential information in responding to a public records request under IC 5-14-3.
(j) The county election board shall implement the procedures prescribed by section 17.6
of this chapter if the county election board cannot match at least one (1) of the numbers
described in subsection (h) or (i) with the voter's registration record.
(k) A person who assists an individual in completing any information described in
subsection (d) on an absentee ballot application shall state under the penalties for perjury the
following information on the application:
(1) The full name, residence and mailing address, and daytime and evening telephone
numbers (if any) of the person providing the assistance.
(2) The date this assistance was provided.
(3) That the person providing the assistance has complied with Indiana laws governing
the submission of absentee ballot applications.
(4) That the person has no knowledge or reason to believe that the individual
submitting the application:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
When providing assistance to an individual, the person must, in the individual's presence and

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with the individual's consent, provide the information listed in subsection (d) if the individual
is unable to do so.
(l) This subsection does not apply to an employee of the United States Postal Service or
a bonded courier company acting in the individual's capacity as an employee of the United
States Postal Service or a bonded courier company. A person who receives a completed
absentee ballot application from the individual who has applied for the absentee ballot shall
indicate on the application the date the person received the application, and file the
application with the appropriate county election board or election division not later than:
(1) noon ten (10) days after the person receives the application; or
(2) the deadline set by Indiana law for filing the application with the board;
whichever occurs first. The election division, a county election board, or a board of elections
and registration shall forward an absentee ballot application to the county election board or
board of elections and registration of the county where the individual resides.
(m) This subsection does not apply to an employee of the United States Postal Service or
a bonded courier company acting in the individual's capacity as an employee of the United
States Postal Service or a bonded courier company, or to the election division, a county
election board, or a board of elections and registration. A person filing an absentee ballot
application, other than the person's own absentee ballot application, must include an affidavit
with the application. The affidavit must be signed by the individual who received the
completed application from the applicant. The affidavit must be in a form prescribed by the
election division. The form must include the following:
(1) A statement of the full name, residence and mailing address, and daytime and
evening telephone numbers (if any) of the person submitting the application.
(2) A statement that the person filing the affidavit has complied with Indiana laws
governing the submission of absentee ballot applications.
(3) The date (or dates) that the absentee ballot applications attached to the affidavit
were received.
(4) A statement that the person has no knowledge or reason to believe that the
individual whose application is to be filed:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(5) A statement that the person is executing the affidavit under the penalties of perjury.
(6) A statement setting forth the penalties for perjury.
(n) The county election board shall record the date and time of the filing of the affidavit.
[Pre-1986 Recodification Citation: 3-1-22-2 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.38-1999, SEC.37; P.L.126-2002, SEC.48;
P.L.103-2005, SEC.2; P.L.121-2012, SEC.1; P.L.194-2013, SEC.51; P.L.64-2014, SEC.41;
P.L.169-2015, SEC.96; P.L.278-2019, SEC.62; P.L.115-2022, SEC.2; P.L.11-2023, SEC.10;
P.L.140-2023, SEC.1.

IC 3-11-4-2.1 False, fictitious, or fraudulent absentee ballot application;

delivery to county election board; sworn statement; county
election board action
Sec. 2.1. If a person receives a completed absentee ballot application that the person has
reason to believe is materially false, fictitious, or fraudulent, the person shall deliver the
application to the appropriate county election board not later than the deadline set forth in
section 2 of this chapter, with a statement sworn or affirmed to under the penalties for
perjury, setting forth the reasons why the person believes that the application may be
materially false, fictitious, or fraudulent. The county election board shall act under
IC 3-6-5-31 to determine if a violation of election law has occurred.
As added by P.L.194-2013, SEC.52.

IC 3-11-4-2.2 Providing identification numbers and temporary credential

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 information; updating voter registration record;
confidentiality
Sec. 2.2. (a) Each day the bureau of motor vehicles shall provide to the secretary of state
and the election division:
(1) driver's license numbers;
(2) identification card numbers; and
(3) the last four (4) digits of a Social Security number;
for the purpose of matching these numbers to voter registration records in the statewide voter
registration system. The secretary of state and the election division shall provide this
information to each county voter registration office through a module of the computerized
list.
(b) At the time it provides the information under subsection (a), the bureau of motor
vehicles shall inform the secretary of state and the election division whether an individual
identified by one (1) of the numbers listed in subsection (a)(1) through (a)(3) is associated
with a temporary credential issued under IC 9-24-11-5(c) or IC 9-24-16-3(f). The secretary
of state and the election division shall provide this information to each county voter
registration office through a module of the computerized list. Information provided under this
subsection shall be kept confidential.
(c) If the bureau of motor vehicles provides a driver's license number, an identification
card number, or the last four (4) digits of a Social Security number under subsection (a) that
is not a part of the voter's registration record, the county voter registration office shall update
the voter's registration record to include this information.
(d) Information provided under subsection (a) shall be kept confidential and may only be
used for the purposes described in subsection (a). A county voter registration office is only
required to redact the confidential information in responding to a public records request
under IC 5-14-3.
As added by P.L.140-2023, SEC.2.

IC 3-11-4-3 Time periods during which an application for absentee ballot

may be received; forwarding application to county where voter
is registered to vote
Sec. 3. (a) Except as provided in subsection (c) and section 6 of this chapter, an
application for an absentee ballot must be received by the circuit court clerk (or, in a county
subject to IC 3-6-5.2 or IC 3-6-5.6, the director of the board of elections and registration) not
earlier than the date the registration period resumes under IC 3-7-13-10 nor later than the
following:
(1) Noon on election day if the voter registers to vote under IC 3-7-36-14.
(2) Noon on the day before election day if the voter:
(A) completes the application in the office of the circuit court clerk under
IC 3-11-10-26; or
(B) is an absent uniformed services voter or overseas voter who requests that the
ballot be transmitted by electronic mail or fax under section 6(h) of this chapter.
(3) Noon on the day before election day if:
(A) the application is mailed, transmitted by electronic mail or fax, or hand delivered
from a confined voter or voter caring for a confined person; and
(B) the applicant requests that the absentee ballots be delivered to the applicant by
an absentee voter board under IC 3-11-10-25.
(4) 11:59 p.m. twelve (12) days before election day if the application is:
(A) a mailed application;
(B) transmitted by electronic mail;
(C) transmitted by fax; or
(D) hand delivered;
from other voters who request to vote by mail under IC 3-11-10-24 or for a voter with

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 print disabilities to vote by electronic mail or fax under section 6(h) of this chapter.
(b) An application for an absentee ballot received by the election division by the time and
date specified by subsection (a)(2)(B), (a)(3), or (a)(4) is considered to have been timely
received for purposes of processing by the county. The election division shall immediately
transmit the application to the circuit court clerk, or the director of the board of elections and
registration, of the county where the applicant resides. The election division is not required
to complete or file the affidavit required under section 2(m) of this chapter whenever the
election division transmits an application under this subsection.
(c) If the circuit court clerk receives an absentee ballot application for a voter that is not
registered to vote in the county where the clerk serves, the clerk shall forward the application,
on an expedited basis, to the circuit court clerk of the county where the voter is registered to
vote. The circuit court clerk that receives the application on an expedited basis shall consider
the application as filed on the date and time it was filed with the clerk that forwarded the
application.
(d) An application for an absentee ballot for the election may not be received by the
circuit court clerk (or, in a county subject to IC 3-6-5.2 or IC 3-6-5.6, the director of the
board of elections and registration) earlier than December 1 of the year before the election.
[Pre-1986 Recodification Citation: 3-1-22-2 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.14-1987, SEC.1; P.L.3-1987, SEC.224;
P.L.10-1988, SEC.103; P.L.5-1989, SEC.50; P.L.7-1990, SEC.41; P.L.12-1992, SEC.8;
P.L.8-1992, SEC.17; P.L.3-1997, SEC.273; P.L.38-1999, SEC.38; P.L.176-1999, SEC.67;
P.L.126-2002, SEC.49; P.L.1-2003, SEC.3; P.L.14-2004, SEC.102; P.L.103-2005, SEC.3;
P.L.66-2010, SEC.10; P.L.225-2011, SEC.54; P.L.219-2013, SEC.33; P.L.169-2015,
SEC.97; P.L.201-2017, SEC.27; P.L.283-2019, SEC.1; P.L.109-2021, SEC.20;
P.L.105-2022, SEC.44; P.L.115-2022, SEC.3; P.L.131-2022, SEC.3; P.L.140-2023, SEC.3;
P.L.170-2023, SEC.15; P.L.227-2023, SEC.75.

IC 3-11-4-4 Manner of making application; furnished forms; fax and

electronic mail applications
Sec. 4. (a) Applications may be made on application forms approved by the election
division by any of the following means:
(1) In person.
(2) By fax transmission.
(3) By mail (including United States mail or bonded courier).
(4) By electronic mail with a digital image of the application and signature of the
applicant.
(b) Application forms shall:
(1) be furnished to a central committee of the county at the request of the central
committee;
(2) be:
(A) mailed;
(B) transmitted by fax; or
(C) transmitted by electronic mail with a digital image of the application;
upon request, to a voter; and
(3) be delivered to a voter in person who applies at the circuit court clerk's office.
(c) A county election board shall accept an application for an absentee ballot transmitted
by fax even though the application is delivered to the county election board by a person other
than the person submitting the application.
(d) When an application is received under subsection (a)(4), the circuit court clerk's office
(or, in a county for which a board of elections and registration is established, the office of the
board of elections and registration) shall send an electronic mail receipt acknowledging
receipt of the voter's application.
[Pre-1986 Recodification Citation: 3-1-22-3 part.]

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As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.225; P.L.5-1989, SEC.51;
P.L.10-1989, SEC.6; P.L.8-1992, SEC.18; P.L.3-1993, SEC.125; P.L.2-1996, SEC.141;
P.L.126-2002, SEC.50; P.L.120-2009, SEC.6; P.L.66-2010, SEC.11; P.L.219-2013, SEC.34;
P.L.216-2015, SEC.20; P.L.169-2015, SEC.98; P.L.170-2019, SEC.10.

IC 3-11-4-5 Repealed
[Pre-1986 Recodification Citation: 3-1-22-3 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.14-1987, SEC.2; P.L.3-1987, SEC.226;
P.L.5-1988, SEC.5; P.L.10-1988, SEC.104; P.L.5-1989, SEC.52; P.L.10-1989, SEC.7;
P.L.1-1990, SEC.8; P.L.7-1990, SEC.42; P.L.4-1991, SEC.68. Repealed by P.L.8-1992,
SEC.43.

IC 3-11-4-5.1 Application form; contents

Sec. 5.1. (a) The election division shall prescribe the form of an application for an
absentee ballot.
(b) This subsection does not apply to the form for an absentee ballot application to be
submitted by an absent uniformed services voter or overseas voter that contains a
standardized oath for those voters. The form of the application for an absentee ballot must
do all of the following:
(1) Require the applicant to swear to or affirm under the penalties of perjury that all of
the information set forth on the application is true to the best of the applicant's
knowledge and belief.
(2) Require a person who assisted with the completion of the application to swear to
or affirm under the penalties of perjury the statements set forth in section 2(k) of this
chapter.
(3) Serve as a verified statement for a voter to indicate a change of name under
IC 3-7-41. The form must require the applicant to indicate the applicant's previous
name.
(4) Set forth the penalties for perjury.
(c) The form prescribed by the election division shall require that a voter who:
(1) requests an absentee ballot; and
(2) is eligible to vote in the precinct under IC 3-10-11 or IC 3-10-12;
must include the affidavit required by IC 3-10-11 or a written affirmation described in
IC 3-10-12.
(d) The election division shall approve absentee ballot application forms that comply with
this subsection and section 2 of this chapter and permit the applicant to indicate a change of
name under subsection (b).
(e) The form prescribed by the election division must include a statement that permits an
applicant to indicate whether:
(1) the applicant has been certified and is currently a participant in the address
confidentiality program under IC 5-26.5-2; and
(2) the applicant's legal address is the address set forth in the applicant's voter
registration.
If the applicant confirms these statements, the applicant may indicate the address of the office
of the attorney general as the address to which the absentee ballot is to be mailed.
(f) This subsection applies to an application to receive an absentee ballot:
(1) by mail under IC 3-11-10-24; or
(2) in the form of an application to vote before an absentee voter board under
IC 3-11-10-25 at the voter's place of confinement or the residence of the voter.
If the voter wishes to submit an application under this section in an electronic format using
a module of the statewide voter registration system, the voter must include a telephone
number at which the voter can be reached to submit the application.
(g) The application form for an absentee ballot must enable the applicant to provide the

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applicant's electronic mail address. However, an applicant's failure to provide an electronic
mail address is not a reason for denial of the absentee ballot application.
As added by P.L.8-1992, SEC.19. Amended by P.L.17-1993, SEC.11; P.L.12-1995, SEC.77;
P.L.2-1996, SEC.142; P.L.103-2005, SEC.4; P.L.1-2006, SEC.5; P.L.121-2012, SEC.2;
P.L.219-2013, SEC.35; P.L.194-2013, SEC.53; P.L.64-2014, SEC.42; P.L.169-2015,
SEC.99; P.L.74-2017, SEC.47; P.L.193-2021, SEC.37; P.L.115-2022, SEC.4; P.L.140-2023,
SEC.4.

IC 3-11-4-5.2 Direct mailings including application for absentee ballot;

required information about sender of communication
Sec. 5.2. (a) This section does not apply to a direct mailing of one hundred (100) or less
substantially similar pieces of mail.
(b) A communication including an absentee ballot application form:
(1) approved or authorized for use in Indiana; and
(2) transmitted through the United States Postal Service;
must include the information required by this section.
(c) The communication must set forth the name and mailing address of the person who
mailed the communication and be presented in a clear and conspicuous manner to give the
recipient adequate notice of the identity of the person who mailed the communication. A
communication does not comply with this requirement if the information is difficult to read
or is placed in a location which is easily overlooked.
(d) The communication must satisfy both of the following:
(1) The communication must contain the information described in subsection (c) in at
least 12 point type size that is clearly readable by the recipient of the mailing.
(2) The information must be printed with a reasonable degree of color contrast between
the background and the printed statement. A communication complies with this
subdivision if the information is printed in black text on a white background or the
degree of color contrast between the background and the text of the information is not
less than the color contrast between the background and the largest text included in the
mailing.
As added by P.L.157-2019, SEC.11.

IC 3-11-4-5.5 Election division designated as single office for voter

registration and absentee ballot procedures for overseas and
absent uniformed services voters; MOVE exception
Sec. 5.5. In accordance with 52 U.S.C. 20302(b), but subject to section 5.7 of this
chapter, the election division is designated as the single office in Indiana responsible for
providing information regarding voter registration procedures under IC 3-7 and absentee
ballot procedures under this chapter to be used by absent uniformed services voters and
overseas voters who wish to register to vote or vote in any jurisdiction in Indiana.
As added by P.L.209-2003, SEC.112. Amended by P.L.66-2010, SEC.12; P.L.128-2015,
SEC.156.

IC 3-11-4-5.7 Military and Overseas Voter Empowerment Act; delegation of

authority to counties; designation of communications means;
providing applications to voters; security and privacy of
application requests; providing information to voters; free
access system
Sec. 5.7. (a) As used in this section, "MOVE" refers to the Military and Overseas Voter
Empowerment Act (P.L. 111-84, Division A, Title V, Subtitle H (Section 575 et seq.)).
(b) As used in this section, "voter" refers only to either of the following:
(1) An absent uniformed services voter.
(2) An overseas voter.

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 (c) Except as expressly provided by law, the state delegates its responsibilities to carry
out the requirements of MOVE to each county election board or board of elections and
registration.
(d) To implement 52 U.S.C. 20302, electronic mail, fax, and web publication are
designated as means of communication for a voter to request a voter registration application
and an absentee ballot application from the election division, a county election board, or a
county voter registration office.
(e) An office described in subsection (d) that receives an electronic mail or fax from a
voter shall provide an absentee ballot application or a voter registration application by
electronic mail or fax to the voter if:
(1) requested by the voter; and
(2) the voter provides an electronic mail address or a fax number that permits the office
to send an application not later than the end of the first business day after the office
receives the communication from the voter.
If the electronic mail address or the fax number provided by the voter does not permit the
office to send the voter an application not later than the end of the first business day after the
office receives the communication, the office shall send the application to the voter by United
States mail.
(f) As required by 52 U.S.C. 20302, to the extent practicable and permitted under Indiana
law (including IC 3-7 and IC 5-14-3), an office described in subsection (d) shall ensure that
the procedures used to transmit an absentee ballot application or a voter registration
application to an absent uniformed services voter or overseas voter protect the security and
integrity of the application request processes, and that the privacy of the identity and other
personal data of the voter who requests or is sent an application under subsection (e) is
protected throughout the process of making the request or being sent the application.
(g) As required under 52 U.S.C. 20302, an office described in subsection (d) shall include
information regarding the use of electronic mail, fax, and web publication with all
informational and instructional materials that are sent with an absentee ballot application or
an absentee ballot to an absent uniformed services voter or overseas voter.
(h) To implement Section 580 of MOVE, and in accordance with IC 3-7-26.3-3, the
secretary of state, with the approval of the election division, shall develop a free access
system that permits an absent uniformed services voter or overseas voter to determine
whether the voter's absentee ballot has been received by the appropriate county election
board (or board of elections and registration), regardless of the manner in which the absentee
ballot was transmitted by the voter to the board. To the extent permitted by IC 3-7 and
IC 5-14-3, the system must contain reasonable procedures to protect the security,
confidentiality, and integrity of personal information collected, stored, or otherwise used on
the system.
As added by P.L.66-2010, SEC.13. Amended by P.L.128-2015, SEC.157; P.L.169-2015,
SEC.100; P.L.170-2019, SEC.11.

IC 3-11-4-5.8 Voter with print disabilities; requesting voter registration

application, absentee ballot application; use of electronic mail,
fax, or web publication
Sec. 5.8. (a) A voter with print disabilities may use electronic mail, fax, or web
publication to request:
(1) a voter registration application; and
(2) an absentee ballot application;
from the election division, a county election board, a county board of elections and
registration, or a county voter registration office.
(b) The election division, county election board, county board of elections and
registration, or county voter registration office that receives an electronic mail or fax from
a voter with print disabilities requesting a voter registration application or absentee ballot

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application by electronic mail or fax shall provide the requested application to the voter by:
(1) electronic mail address or fax number if the electronic mail address or fax number
permits the office to send the application not later than the end of the first business day
after the office receives the request from the voter; or
(2) United States Postal Service mail if the electronic mail address or fax number
provided by the voter to the office does not permit the office to send the application in
the time frame specified in subdivision (1).
(c) The election division, county election board, county board of elections and
registration, or county voter registration office shall ensure that the procedures used to
receive a request for a voter registration application or an absentee ballot application under
this section and transmission of the application to a voter with print disabilities protect:
(1) the security and integrity of the application request processes; and
(2) the voter's identity and other personal data.
(d) The election division, county election board, county board of elections and
registration, or county voter registration office shall include information concerning the use
of electronic mail, fax, and web publication with all informational and instructional materials
that are sent with a voter registration application or an absentee ballot application to a voter
with print disabilities.
(e) The secretary of state, with the approval of the election division, shall develop a free
access system that permits a voter with print disabilities to determine whether the voter's
absentee ballot has been received by the appropriate county election board or board of
elections and registration, regardless of the manner in which the absentee ballot was
transmitted by the voter to the board. To the extent permitted by IC 3-7 and IC 5-14-3, the
system must contain reasonable procedures to protect the security, confidentiality, and
integrity of personal information collected, stored, or otherwise used on the system.
(f) The secretary of state, with the approval of the election division, shall develop a
system that complies with the Web Content Guidelines.
As added by P.L.109-2021, SEC.21.

IC 3-11-4-6 Absent uniformed services voters, overseas voters, address

confidentiality voters, and voters with print disabilities;
transmission of applications and ballots
Sec. 6. (a) This section applies, notwithstanding any other provision of this title, to
absentee ballot applications for the following:
(1) An absent uniformed services voter.
(2) An address confidentiality program participant (as defined in IC 5-26.5-1-6).
(3) An overseas voter.
(4) A voter with print disabilities.
(b) A county election board shall make blank absentee ballot applications available for
persons covered by this section. Except as provided in section 3(d) of this chapter, a person
may apply for an absentee ballot at any time after the registration period resumes under
IC 3-7-13-10.
(c) A person covered by this section may apply for an absentee ballot for the next
scheduled primary, general, or special election by filing either of the following:
(1) A combined absentee registration form and absentee ballot request approved under
52 U.S.C. 20301(b)(2).
(2) A form prescribed under IC 3-5-4-8 that identifies the applicant as an absent
uniformed services voter, an overseas voter, or a voter with print disabilities. A form
prescribed under this subdivision must permit the applicant to designate whether the
applicant wishes to receive the absentee ballot by electronic mail, fax, or United States
mail.
(d) If the county election board receives an absentee ballot application from a person
described by subsection (c), the circuit court clerk shall mail to the person, free of postage

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as provided by 39 U.S.C. 3406, all ballots for the election immediately upon receipt of the
ballots under section 15 of this chapter, unless the person has indicated under subsection (c)
that the person wishes to receive the absentee ballot by electronic mail or fax.
(e) Whenever a voter files an application for an absentee ballot and indicates on the
application that the voter is an absent uniformed services voter, an overseas voter, or a voter
with print disabilities, the application is an adequate application for an absentee ballot for an
election conducted during the period that ends on December 31 following the date the
application is filed, unless an absentee ballot mailed to the voter at the address set forth in
the application is returned to the county election board during that period as undeliverable.
The circuit court clerk and county election board shall process this application and send
general election absentee ballots to the voter in the same manner as other general election and
special election absentee ballot applications and ballots are processed and sent under this
chapter. If a voter entitled to receive an absentee ballot under this subsection subsequently
files a voter registration application for a change of address within the same county or for a
change of name or other information set forth in the voter's registration record, the previously
approved absentee ballot application remains effective for the same period, unless the
acknowledgment notice sent to the voter at that address is returned by the United States
Postal Service due to an unknown or insufficient address in accordance with IC 3-7-33-5. If
a voter entitled to receive an absentee ballot under this subsection subsequently files a voter
registration application for an address that is not located in the same county, the voter must
file a new absentee ballot application under this section with the appropriate county election
board.
(f) Whenever a voter described in subsection (a)(2) files an application for a primary
election absentee ballot and indicates on the application that the voter is an address
confidentiality program participant, the application is an adequate application for a general
election absentee ballot under this chapter and an absentee ballot for a special election
conducted during the period that ends on December 31 following the date the application is
filed. The circuit court clerk and county election board shall process this application and send
general election and special election absentee ballots to the voter in the same manner as other
general election and special election absentee ballot applications and ballots are processed
and sent under this chapter.
(g) The name, address, telephone number, and any other identifying information relating
to a program participant (as defined in IC 5-26.5-1-6) in the address confidentiality program,
as contained in a voting registration record, is declared confidential for purposes of
IC 5-14-3-4(a)(1). The county voter registration office may not disclose for public inspection
or copying a name, an address, a telephone number, or any other information described in
this subsection, as contained in a voting registration record, except as follows:
(1) To a law enforcement agency, upon request.
(2) As directed by a court order.
(h) The county election board shall by fax or electronic mail transmit an absentee ballot
to and receive an absentee ballot from an absent uniformed services voter, an overseas voter,
or a voter with print disabilities by electronic mail or fax at the request of the voter indicated
in the application filed under this section. If the voter wants to submit absentee ballots by fax
or electronic mail, the voter must separately sign and date a statement submitted with the
electronic mail or the fax transmission that states substantively the following: "I understand
that by faxing or e-mailing my voted ballot I am voluntarily waiving my right to a secret
ballot.".
(i) The county election board shall send confirmation to a voter described in subsection
(h) that the voter's absentee ballot has been received as follows:
(1) If the voter provides a fax number to which a confirmation may be sent, the county
election board shall send the confirmation to the voter at the fax number provided by
the voter.
(2) If the voter provides an electronic mail address to which a confirmation may be

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 sent, the county election board shall send the confirmation to the voter at the electronic
mail address provided by the voter.
(3) If:
(A) the voter does not provide a fax number or an electronic mail address; or
(B) the number or address provided does not permit the board to send the
confirmation not later than the end of the first business day after the board receives
the voter's absentee ballot;
the county election board shall send the confirmation by United States mail.
The county election board shall send the confirmation required by this subsection not later
than the end of the first business day after the county election board receives the voter's
absentee ballot.
(j) Upon approval of the voter's absentee ballot application, a county election board shall
transmit an absentee ballot to an absent uniformed services voter or an overseas voter by
electronic mail under a program authorized and administered by the Federal Voting
Assistance Program of the United States Department of Defense or directly to the voter at the
voter's electronic mail address, if requested to do so by the voter. A voter described by this
section may transmit the voted absentee ballot to a county election board by electronic mail.
If a voter described in this section transmits the voted absentee ballot through the United
States Department of Defense program, the ballot must be transmitted in accordance with the
procedures established under that program. An electronic mail message transmitting a voted
absentee ballot under this subsection must include a digital image of the voter's signature on
the statement required under subsection (h).
(k) The secretary of state, with the approval of the election division, shall develop a
system that complies with the Web Content Guidelines.
[Pre-1986 Recodification Citation: 3-1-22-3 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.17; P.L.14-1987, SEC.3;
P.L.10-1989, SEC.8; P.L.7-1990, SEC.43; P.L.8-1992, SEC.20; P.L.3-1997, SEC.274;
P.L.273-2001, SEC.1; P.L.126-2002, SEC.51; P.L.1-2003, SEC.4; P.L.209-2003, SEC.113;
P.L.198-2005, SEC.2; P.L.66-2010, SEC.14; P.L.225-2011, SEC.55; P.L.219-2013, SEC.36;
P.L.128-2015, SEC.158; P.L.201-2017, SEC.28; P.L.109-2021, SEC.22; P.L.227-2023,
SEC.76.

IC 3-11-4-6.1 Repealed
As added by P.L.66-2010, SEC.15. Repealed by P.L.225-2011, SEC.93.

IC 3-11-4-6.2 Expiration of designation as absent uniformed services voter,

overseas voter, or voter with print disabilities in computerized
list
Effective 1-1-2024.
Sec. 6.2. (a) This section applies to an absent uniformed services voter, an overseas voter,
or a voter with print disabilities.
(b) The designation of a voter registration record in the computerized list as that of an
individual described in subsection (a) expires January 1 of the calendar year following the
year in which the individual submitted an absentee ballot application indicating that the voter
was entitled to an absentee ballot as an absent uniformed services voter, an overseas voter,
or a voter with print disabilities.
As added by P.L.227-2023, SEC.77.

IC 3-11-4-7 Uniformed services voters, overseas voters, and address

confidentiality voters; requirements for application
Sec. 7. (a) An absentee ballot application under section 6 of this chapter must be made
on a standard form approved under 52 U.S.C. 20301(b) or on the form prescribed by the
election division under section 5.1 of this chapter.

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 (b) An absentee ballot application under section 6 of this chapter from an:
(1) absent uniformed services voter; or
(2) address confidentiality program participant (as defined in IC 5-26.5-1-6);
must show that the voter or program participant is a resident otherwise qualified to vote in
the precinct.
(c) An absentee ballot application under section 6 of this chapter from an overseas voter
must show that the overseas voter was a resident and otherwise qualified to vote in the
precinct where the voter resided before leaving the United States.
[Pre-1986 Recodification Citation: 3-1-22-3 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.14-1987, SEC.4; P.L.3-1989, SEC.10;
P.L.8-1992, SEC.21; P.L.2-1996, SEC.143; P.L.273-2001, SEC.2; P.L.126-2002, SEC.52;
P.L.128-2015, SEC.159; P.L.169-2015, SEC.101.

IC 3-11-4-8 Nonresident overseas voter; entitled to receive only federal

ballots; precinct of voter
Sec. 8. (a) This section applies to an overseas voter described in IC 3-5-2-34.5(3).
(b) An overseas voter who resides outside the United States and who is no longer a
resident of a precinct in Indiana is only entitled to receive absentee ballots for a federal office
under this chapter.
(c) A voter described in subsection (a) is considered to be a voter of the Indiana precinct
where the voter registration office of the county where the person was domiciled before
leaving the United States is located.
[Pre-1986 Recodification Citation: 3-1-22-3.5(a).]
As added by P.L.5-1986, SEC.7. Amended by P.L.14-1987, SEC.5; P.L.10-1989, SEC.9;
P.L.7-1990, SEC.44; P.L.8-1992, SEC.22; P.L.3-1997, SEC.275; P.L.126-2002, SEC.53;
P.L.66-2003, SEC.36; P.L.198-2005, SEC.3.

IC 3-11-4-9 Repealed
[Pre-1986 Recodification Citation: 3-1-22-3.5(b).]
As added by P.L.5-1986, SEC.7. Amended by P.L.14-1987, SEC.6; P.L.3-1987, SEC.227;
P.L.8-1992, SEC.23; P.L.2-1996, SEC.144. Repealed by P.L.126-2002, SEC.93.

IC 3-11-4-10 Estimate of number of ballots required

Sec. 10. Each circuit court clerk shall:
(1) not less than sixty (60) days before the date on which a general, primary, or
municipal election is held; or
(2) not more than three (3) days after the date on which a special election is ordered;
estimate the number of absentee ballots that will be required in the county for the election.
[Pre-1986 Recodification Citation: 3-1-22-23 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1989, SEC.10; P.L.7-1990, SEC.45.

IC 3-11-4-11 Repealed
[Pre-1986 Recodification Citation: 3-1-22-23 part.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.3-1993, SEC.282.

IC 3-11-4-12 Repealed
[Pre-1986 Recodification Citation: 3-1-22-23 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.228; P.L.4-1991, SEC.69;
P.L.3-1993, SEC.126; P.L.12-1995, SEC.78; P.L.2-1996, SEC.145; P.L.3-1997, SEC.276;
P.L.38-1999, SEC.39; P.L.14-2004, SEC.103; P.L.198-2005, SEC.4. Repealed by
P.L.66-2010, SEC.31.

IC 3-11-4-12.5 Absent uniformed services voter or overseas voter; use of

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 federal write-in absentee ballot form; waiver of confidentiality
not required
Sec. 12.5. (a) This section applies to an absent uniformed services voter or overseas voter.
(b) If a voter makes a timely application for and does not receive an absentee ballot from
a county election board, the voter may use a federal write-in absentee ballot in the form
prescribed by the Federal Voting Assistance Program of the United States Department of
Defense and in accordance with the requirements set forth in 52 U.S.C. 20303 to cast a vote
by mail, electronic mail, or fax for any of the following:
(1) Any candidate for nomination at a primary election.
(2) Any candidate, political party, or public question on a general election, municipal
election, or special election ballot.
(c) The voluntary waiver of confidentiality under section 6(h) of this chapter is not
required for a federal write-in absentee ballot.
(d) When a county election board receives a federal write-in absentee ballot, the board
shall process the ballot as prescribed by IC 3-11-10-1(b).
As added by P.L.66-2010, SEC.16. Amended by P.L.219-2013, SEC.37; P.L.128-2015,
SEC.160.

IC 3-11-4-13 Repealed
[Pre-1986 Recodification Citation: 3-1-22-23 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1993, SEC.127; P.L.2-1996, SEC.146;
P.L.3-1997, SEC.277; P.L.66-2003, SEC.37; P.L.198-2005, SEC.5. Repealed by
P.L.66-2010, SEC.31.

IC 3-11-4-14 Ballots other than those specified in IC 3-11-4-12.5;

preparation and printing under direction of county election
board; printing on security paper
Sec. 14. (a) All absentee ballots other than those specified in section 12.5 of this chapter
shall be:
(1) prepared and printed under the direction of each county election board; and
(2) after December 31, 2024, printed on security paper that incorporates features which
can be used to authenticate the ballot as an official ballot but which do not make the
ballot identifiable to a particular voter.
After completing the estimate required by section 10 of this chapter and receiving all
certifications from the election division required under IC 3-8 or IC 3-10, the county election
board shall immediately proceed to prepare and have printed the ballots.
(b) Except as provided in subsection (c), ballots prepared by the county election board
under this section must provide space for the voter to cast a write-in ballot.
(c) Space for write-in voting for an office is not required if there are no declared write-in
candidates for that office. However, procedures must be implemented to permit write-in
voting for candidates for federal offices.
[Pre-1986 Recodification Citation: 3-1-22-23 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.4-1991, SEC.70; P.L.66-2003, SEC.38;
P.L.14-2004, SEC.104; P.L.66-2010, SEC.17; P.L.227-2023, SEC.78.

IC 3-11-4-15 Ballots prepared and printed under direction of county

election board; delivery to circuit court clerk
Sec. 15. The absentee ballots that are prepared and printed under the direction of a county
election board shall be delivered to the circuit court clerk (or the board acting under
IC 3-6-5.2 or IC 3-6-5.6) at least fifty (50) days before a general, primary, special, or
municipal election.
[Pre-1986 Recodification Citation: 3-1-22-23 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1989, SEC.11; P.L.3-1997, SEC.278;

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P.L.66-2003, SEC.39; P.L.66-2010, SEC.18; P.L.109-2021, SEC.23.

IC 3-11-4-16 Marking on label attached to package of ballots delivered to

circuit court clerk; distribution of ballots
Sec. 16. Each package of absentee ballots delivered to a circuit court clerk shall be plainly
marked, on an appropriate attached label, with the words: "This package contains _______
(giving number of ballots) absentee ballots." The clerk shall securely keep all ballots in the
clerk's office and shall distribute them to applicants as provided in this chapter.
[Pre-1986 Recodification Citation: 3-1-22-23 part.]
As added by P.L.5-1986, SEC.7.

IC 3-11-4-17 Filing of application received; recording of information in

statewide voter registration list
Sec. 17. Upon receipt of an application for an absentee ballot, a circuit court clerk shall
file the application in the clerk's office and record all of the following in the statewide voter
registration list maintained under IC 3-7-26.3:
(1) The voter's name.
(2) The date the application is received.
(3) The information provided by the voter under section 5.1 of this chapter.
(4) The date the ballot is sent to the voter.
(5) If mailed, the address to which the ballot is sent.
(6) If transmitted by fax, the fax number to which the ballot is faxed.
(7) The date the ballot is marked before the clerk or otherwise received from the voter.
(8) The combined total number of absentee ballots sent by the county to absent
uniformed services voters and overseas voters.
(9) The total number of absentee ballots returned by voters described in subdivision (8)
in time to be counted.
(10) The total number of absentee ballots described in subdivision (8) that were
counted in whole or in part.
(11) Any other information that is necessary or advisable.
[Pre-1986 Recodification Citations: 3-1-22-4 part; 3-1-22-20 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.54; P.L.198-2005, SEC.6;
P.L.96-2012, SEC.3; P.L.121-2012, SEC.3; P.L.13-2013, SEC.3; P.L.140-2023, SEC.5.

IC 3-11-4-17.5 Consideration of application; determinations; denial of

application; casting provisional ballot; filing additional
documentation; transfer of registration
Sec. 17.5. (a) Upon receiving an application for an absentee ballot, the county election
board (or the absentee voter board in the office of the circuit court clerk) shall determine if:
(1) the applicant is a voter of the precinct in which the applicant resides, according to
the records of the county voter registration office;
(2) the information set forth on the application appears to be true;
(3) the signature of the voter on the application substantially conforms with the
signature of the voter on the voter registration record, or that any substantial difference
between the signatures can be accounted for by age or disability of the voter or the
execution of the affidavit by an individual acting under section 2(b) of this chapter; and
(4) the application has been completed and filed in accordance with Indiana and federal
law.
If the members of the absentee voter board are unable to agree about any of the
determinations described in subdivisions (1) through (4), the issue shall be referred to the
county election board for determination. If the application is submitted by a voter wanting
to cast an absentee ballot under IC 3-11-10-26, IC 3-11-10-26.2, or IC 3-11-10-26.3, the
voter shall be permitted to cast a provisional ballot, which the county election board shall

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retain.
(b) If:
(1) the applicant is not a voter of the precinct according to the registration record; or
(2) the application as completed and filed:
(A) contains a false statement; or
(B) does not otherwise comply with Indiana or federal law;
as alleged under section 18.5 of this chapter, the county election board shall deny the
application.
(c) A voter's failure to provide the information requested under section 5.1 of this chapter
does not affect a voter's ability to receive an absentee ballot. A county election board may
not deny an application because the voter has not provided the information requested under
section 5.1 of this chapter as a part of the voter's application for an absentee ballot. The
county election board shall implement the procedures prescribed by section 17.6 of this
chapter if the voter fails to provide the information requested under section 5.1 of this
chapter.
(d) If the application is denied, the county election board shall provide the voter with the
reasons for the denial of the application. Unless the voter is present when the board denies
the application, the board shall send a written notice stating the reasons for the denial to the
voter. The notice must be sent:
(1) not later than forty-eight (48) hours after the application is denied; and
(2) to the voter:
(A) at the address at which the voter requested that the absentee ballot be mailed;
(B) to the voter's electronic mail address, if the voter has provided an electronic mail
address on the voter's absentee ballot application; or
(C) by personal delivery of the notice.
(e) If the county election board determines that the applicant is a voter of the precinct
under subsection (a), the board shall then determine whether:
(1) the applicant was required to file any additional documentation under
IC 3-7-33-4.5; and
(2) the applicant has filed this documentation according to the records of the county
voter registration office.
If the applicant has not filed the required documentation, the county election board shall
approve the application if the application otherwise complies with this chapter. The board
shall add a notation to the application and to the record compiled under section 17 of this
chapter indicating that the applicant will be required to provide additional documentation to
the county voter registration office under IC 3-7-33-4.5 before the absentee ballot may be
counted.
(f) If the applicant:
(1) is a voter of the precinct according to the registration record; and
(2) states on the application that the applicant resides at an address that is within the
same precinct but is not the same address shown on the registration record;
the county election board shall direct the county voter registration office to transfer the
applicant's voter registration address to the address within the precinct shown on the
application. The applicant's application for an absentee ballot shall be approved if the
applicant is otherwise eligible to receive the ballot under this chapter.
As added by P.L.3-1997, SEC.279. Amended by P.L.209-2003, SEC.114; P.L.103-2005,
SEC.5; P.L.164-2006, SEC.92; P.L.121-2012, SEC.4; P.L.194-2013, SEC.54; P.L.64-2014,
SEC.43; P.L.128-2015, SEC.161; P.L.157-2019, SEC.12; P.L.109-2021, SEC.24;
P.L.193-2021, SEC.38; P.L.140-2023, SEC.6.

IC 3-11-4-17.6 Procedures for defective absentee ballot applications;

providing and receiving absentee ballot
Sec. 17.6. (a) For purposes of this section, "clerk" means:

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 (1) the circuit court clerk; or
(2) in a county subject to IC 3-6-5.2 or IC 3-6-5.6, the director of the board of elections
and registration.
(b) This subsection applies to an application to receive an absentee ballot by mail under
IC 3-11-10-24 that is received by the clerk more than twelve (12) days before election day.
If the clerk determines that the application does not fully comply with the requirements of
this title, the clerk shall transmit the following to the applicant:
(1) An application for an absentee ballot.
(2) A written notice prescribed by the election division under IC 3-5-4-8 that includes:
(A) a brief explanation of each defect in the noncompliant application;
(B) a statement informing the voter that the voter is not entitled to vote before
election day by absentee ballot unless the application complies with all legal
requirements; and
(C) instructions for submitting a second application for an absentee ballot.
(c) This subsection applies to an application to receive an absentee ballot by mail under
IC 3-11-10-24 that is received by the clerk:
(1) after 11:59 p.m. twelve (12) days before election day; and
(2) before noon on the day before election day.
If the clerk determines that the application does not fully comply with the requirements of
this title, the clerk shall transmit to the applicant a written notice that includes the information
described by subsection (b)(2)(A) through (b)(2)(B). If applicable, the notice must also
include a statement that the application was late.
(d) This subsection applies to a voter who submits a defective application to receive an
absentee ballot that is received by the clerk before the deadline for receipt of absentee ballots
under section 3 of this chapter. Notwithstanding the requirement under IC 3-11-10-25(e) for
prior unanimous approval by the county election board, the clerk may:
(1) deliver a second absentee application in person to a voter described by this
subsection;
(2) approve the second absentee application if the clerk determines that each defect in
the first absentee application has been corrected; and
(3) if accompanied by an absentee voter board, provide the absentee ballot to the voter.
(e) After receiving the ballot under subsection (d), the voter may return the voted absentee
ballot:
(1) in person to the absentee voter board; or
(2) to the county election board;
before the deadline for receipt of absentee ballots under IC 3-11.5-4-10.
(f) If a clerk uses the procedure described in subsection (d), the procedure must be applied
uniformly to all applications covered by subsection (d).
As added by P.L.140-2023, SEC.7.

IC 3-11-4-17.7 Replacement official ballots

Sec. 17.7. (a) This section applies when a voter:
(1) has been mailed the official ballot under this chapter; and
(2) notifies the county election board that:
(A) the ballot has been destroyed, spoiled, lost, or not received by the voter after a
reasonable time has elapsed for delivery of the ballot by mail;
(B) the absentee ballot does not bear the bipartisan initials required under section 19
of this chapter; or
(C) the absentee ballot envelope was not signed by the voter.
(b) As required under 52 U.S.C. 21081, the voter may obtain a replacement official ballot
under the procedures set forth in this chapter after the voter files a statement with the county
election board. The statement must affirm, under penalties of perjury, that the voter did not
receive the official ballot (or that the ballot was received by the voter, but was destroyed,

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spoiled, or lost), and must set forth any facts known by the voter concerning the destruction,
spoiling, or loss of the ballot.
(c) After a voter files the statement required under subsection (b), the circuit court clerk
shall do the following:
(1) Place the written request with the absentee voter's original ballot.
(2) Mark "canceled" on the envelope containing the original ballot.
(3) Preserve the original ballot with the other defective ballots.
(4) Deliver a new ballot to the absentee voter.
(d) If a voter requests a replacement ballot for a primary election, the county election
board may not provide the voter with a primary election ballot for a political party different
from the political party indicated in the voter's application for an absentee ballot.
(e) After receiving the official replacement ballot, the voter shall destroy any spoiled
ballot in the possession of the voter or any lost or delayed official ballot that comes into the
possession of the voter.
As added by P.L.4-1996, SEC.67. Amended by P.L.209-2003, SEC.115; P.L.128-2015,
SEC.162; P.L.157-2019, SEC.13; P.L.278-2019, SEC.63.

IC 3-11-4-17.8 Official replacement ballots; procedures

Sec. 17.8. (a) This section applies to a replacement ballot issued under section 17.7 of this
chapter.
(b) The county election board shall enclose the official replacement ballot in an envelope
that complies with section 20 of this chapter. The envelope must contain a notation that the
envelope contains an official replacement ballot.
(c) If the county election board receives both an original absentee ballot and an official
replacement ballot issued under section 17.7 of this chapter from the same voter, the board
shall reject the original absentee ballot.
As added by P.L.3-1997, SEC.280. Amended by P.L.157-2019, SEC.14.

IC 3-11-4-18 Transmitting ballots; tracking ballots; additional

documentation; voter education program
Sec. 18. (a) If a voter satisfies any of the qualifications described in IC 3-11-10-24 that
entitle a voter to cast an absentee ballot by mail, the county election board shall, at the
request of the voter, mail the official ballot, postage fully prepaid, to the voter at the address
stated in the application. Each ballot may be assigned a unique tracking number as prescribed
by the election division using IMb Tracing or a similar automated tracking method to provide
real-time tracking information for the envelope containing the ballot. As used in this
subsection, "IMb Tracing" refers to a real-time mail tracking service offered through the
United States Postal Service.
(b) If the county election board mails an absentee ballot to a voter required to file
additional documentation with the county voter registration office before voting by absentee
ballot under this chapter, the board shall include a notice to the voter in the envelope mailed
to the voter under section 20 of this chapter. The notice must inform the voter that the voter
must file the additional documentation required under IC 3-7-33-4.5 with the county voter
registration office before 6 p.m. on election day.
(c) Except as provided in this subsection, section 18.5 of this chapter, or IC 3-11-10-26.5,
the ballot shall be transmitted:
(1) on the day of the receipt of the voter's application; or
(2) not more than five (5) days after the date of delivery of the ballots under section 15
of this chapter;
whichever is later. If the election board determines that the county voter registration office
has received an application from the applicant for registration at an address within the
precinct indicated on the application, and the election board determines that this application
is pending under IC 3-7-33, the ballot shall be mailed on the date the county voter

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registration office indicates under IC 3-7-33-5(g) that the applicant is a registered voter.
(d) As required by 52 U.S.C. 21081, an election board shall establish a voter education
program (specific to a paper ballot or optical scan ballot card provided as an absentee ballot
under this chapter) to notify a voter of the effect of casting multiple votes for a single office.
(e) As provided by 52 U.S.C. 21081, when an absentee ballot is transmitted under this
section, the mailing must include:
(1) information concerning the effect of casting multiple votes for an office; and
(2) instructions on how to correct the ballot before the ballot is cast and counted,
including the issuance of replacement ballots.
[Pre-1986 Recodification Citation: 3-1-22-5(a).]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.229; P.L.10-1988, SEC.105;
P.L.4-1991, SEC.71; P.L.3-1993, SEC.128; P.L.3-1995, SEC.99; P.L.126-2002, SEC.55;
P.L.209-2003, SEC.116; P.L.14-2004, SEC.105; P.L.103-2005, SEC.6; P.L.164-2006,
SEC.93; P.L.66-2010, SEC.19; P.L.194-2013, SEC.55; P.L.128-2015, SEC.163;
P.L.216-2015, SEC.21; P.L.169-2015, SEC.102; P.L.86-2018, SEC.3; P.L.100-2018, SEC.2;
P.L.227-2023, SEC.79.

IC 3-11-4-18.5 Challenge absentee voter application; affidavit; referral to

county election board
Sec. 18.5. (a) Upon receipt of an absentee ballot application, a member of the county
election board or a member of an absentee voter board may file an affidavit with the county
election board alleging that the application:
(1) was not submitted by a voter of the precinct;
(2) contains a false statement; or
(3) has not been executed or filed in accordance with Indiana or federal law.
(b) The affidavit must be in a form prescribed by the election division and state the
following:
(1) The name and title of the individual filing the affidavit.
(2) A brief statement of the facts known or believed by the individual regarding why:
(A) the applicant is not a voter of the precinct;
(B) the application contains a false statement; or
(C) the application has not been executed or filed in accordance with Indiana or
federal law.
(3) That the individual is executing the affidavit under the penalties of perjury.
(4) The penalties for perjury.
(c) Upon the filing of the affidavit, the approval or denial of the application shall be
referred to the county election board, which shall promptly conduct a hearing on the matter.
(d) The county election board may act under IC 3-6-5-31 to refer the matter to the
appropriate prosecuting attorney.
As added by P.L.103-2005, SEC.7. Amended by P.L.169-2015, SEC.103.

IC 3-11-4-19 Necessity of circuit court clerk's official seal and signature and
initials of members of absentee voter board
Sec. 19. (a) Subject to IC 3-5-4-9, a ballot that is mailed must bear the circuit court clerk's
official seal and signature or facsimile signature on the back of the ballot. Before the ballot
is mailed:
(1) the two (2) members of the absentee voter board in the office of the circuit court
clerk; or
(2) the two (2) appointed members of the county election board or their designated
representatives;
shall place their initials in ink on the back of the ballot. The initials must be in the persons'
ordinary handwriting or printing and without a distinguishing mark of any kind. No other
initialing of the absentee ballot is necessary.

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 (b) An absentee ballot that is voted before an absentee voter board under IC 3-11-10-25,
IC 3-11-10-26, or IC 3-11-10-26.3, must bear the seal, signature, and initials prescribed by
IC 3-11-10-27.
(c) An absentee voter board member or county election board member or the member's
representative shall not place the individual's initials on the absentee ballot:
(1) until after the voter's application for that ballot has been approved; or
(2) more than twenty-four (24) hours before the absentee ballot is mailed to the voter.
A ballot initialed under this subsection must be under the control of two (2) individual
members or representatives of opposite political parties until the ballot is mailed to the voter.
[Pre-1986 Recodification Citation: 3-1-22-5(b).]
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.18; P.L.3-1987, SEC.230;
P.L.263-2003, SEC.2; P.L.157-2019, SEC.15; P.L.193-2021, SEC.39.

IC 3-11-4-20 Envelope; enclosure of ballot; addressee

Sec. 20. An absentee ballot mailed under section 18 of this chapter shall be enclosed in
an envelope, unsealed and stamped for return to the county election board by at least first
class mail. One (1) side of the envelope must bear the name, official title, and post office
address of the county election board. The pre-addressed, stamped envelope shall be furnished
by the county election board.
[Pre-1986 Recodification Citation: 3-1-22-6(a) part.]
As added by P.L.5-1986, SEC.7.

IC 3-11-4-21 Envelope; affidavit

Sec. 21. (a) On the other side of the envelope required by section 20 of this chapter shall
be printed an affidavit in conformity with 52 U.S.C. 20302(b) and with the name of the
precinct completed by the county election board, providing that the voter affirms under
penalty of perjury that the following information is true:
(1) That the voter is:
(A) a resident of; or
(B) entitled under IC 3-10-11 or IC 3-10-12 to vote in;
the precinct.
(2) The voter's complete residence address, including the name of the city or town and
county.
(3) That the voter is entitled to vote in the precinct, the type of election to be held, and
the date of the election.
(4) That:
(A) the voter has personally marked the enclosed ballot or ballots in secret and has
enclosed them in this envelope and sealed them without exhibiting them to any other
person; or
(B) the voter personally marked the enclosed ballot or ballots, enclosed them in this
envelope, and sealed them with the assistance of an individual whose name is listed
on the envelope and who affirms under penalty of perjury that the voter was not
coerced or improperly influenced by the individual assisting the voter or any other
person, in a manner prohibited by state or federal law, to cast the ballot for or against
any candidate, political party, or public question.
(5) The date and the voter's signature.
(b) The side of the envelope containing this affidavit must also set forth the penalties for
perjury.
[Pre-1986 Recodification Citation: 3-1-22-6(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.17-1993, SEC.12; P.L.12-1995, SEC.79;
P.L.3-1995, SEC.100; P.L.3-1997, SEC.281; P.L.38-1999, SEC.40; P.L.209-2003, SEC.117;
P.L.103-2005, SEC.8; P.L.128-2015, SEC.164; P.L.169-2015, SEC.104; P.L.157-2019,
SEC.16.

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IC 3-11-4-22 Repealed
[Pre-1986 Recodification Citations: 3-1-22-4 part; 3-1-22-19 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.56. Repealed by
P.L.278-2019, SEC.64.

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IC 3-11-4.5 Chapter 4.5. Repealed
Repealed by P.L.4-1996, SEC.106.

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IC 3-11-5 Chapter 5. Repealed
[Pre-1986 Recodification Citations:
3-11-5-1 formerly 3-1-31-1 part; 3-1-31-3 part
3-11-5-2 formerly 3-1-31-1 part
3-11-5-3 formerly 3-1-31-1 part
3-11-5-4 formerly 3-1-31-1 part
3-11-5-5 formerly 3-1-31-1 part
3-11-5-6 formerly 3-1-31-1 part
3-11-5-7 formerly 3-1-31-2 part
3-11-5-8 formerly 3-1-31-2(1)
3-11-5-9 formerly 3-1-31-2(2)
3-11-5-10 formerly 3-1-31-2(3), (4), (6), (14), (15)
3-11-5-11 formerly 3-1-31-2(5)
3-11-5-12 formerly 3-1-31-2(7)
3-11-5-13 formerly 3-1-31-2(8)
3-11-5-14 formerly 3-1-31-2(9)
3-11-5-15 formerly 3-1-31-2(10)
3-11-5-16 formerly 3-1-31-2(11)
3-11-5-17 formerly 3-1-31-2(12)
3-11-5-18 formerly 3-1-31-2(13)
3-11-5-19 formerly 3-1-31-2(16)
3-11-5-20 formerly 3-1-31-2(17)
3-11-5-21 formerly 3-1-31-2 part
3-11-5-22 formerly 3-1-31-3 part
3-11-5-23 formerly 3-1-31-3 part
3-11-5-24 formerly 3-1-31-3 part
3-11-5-25 formerly 3-1-31-3 part
3-11-5-26 formerly 3-1-31-5.]
Repealed by P.L.221-2005, SEC.145.

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IC 3-11-6 Chapter 6. Voting System Purchase Fund

3-11-6-1 Establishment
3-11-6-2 Repealed
3-11-6-3 Repealed
3-11-6-4 Repealed
3-11-6-5 Repealed
3-11-6-6 Repealed
3-11-6-7 Repealed
3-11-6-8 Repealed
3-11-6-9 Tax levy; rate
3-11-6-10 Repealed
3-11-6-11 Repealed
3-11-6-12 Repealed
3-11-6-13 Name of fund
3-11-6-14 Repealed

IC 3-11-6-1 Establishment
Sec. 1. The legislative body of a county may establish a cumulative fund under
IC 6-1.1-41 to provide funds for the purchase of ballot card voting systems, electronic voting
systems, or electronic poll books.
[Pre-1986 Recodification Citation: 3-2-6-1.]
As added by P.L.5-1986, SEC.7. Amended by P.L.5-1988, SEC.6; P.L.17-1995, SEC.1;
P.L.221-2005, SEC.46; P.L.74-2017, SEC.48.

IC 3-11-6-2 Repealed
[Pre-1986 Recodification Citation: 3-2-6-2(a).]
As added by P.L.5-1986, SEC.7. Repealed by P.L.17-1995, SEC.45.

IC 3-11-6-3 Repealed
[Pre-1986 Recodification Citation: 3-2-6-2(b).]
As added by P.L.5-1986, SEC.7. Repealed by P.L.17-1995, SEC.45.

IC 3-11-6-4 Repealed
[Pre-1986 Recodification Citation: 3-2-6-2(c) part.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.17-1995, SEC.45.

IC 3-11-6-5 Repealed
[Pre-1986 Recodification Citation: 3-2-6-2(c) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.106. Repealed by
P.L.17-1995, SEC.45.

IC 3-11-6-6 Repealed
[Pre-1986 Recodification Citation: 3-2-6-2(d) part.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.17-1995, SEC.45.

IC 3-11-6-7 Repealed
[Pre-1986 Recodification Citation: 3-2-6-2(d) part.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.17-1995, SEC.45.

IC 3-11-6-8 Repealed
[Pre-1986 Recodification Citation: 3-2-6-2(e).]
As added by P.L.5-1986, SEC.7. Repealed by P.L.17-1995, SEC.45.

IC 3-11-6-9 Tax levy; rate

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 Sec. 9. To provide for a cumulative fund, a county may levy a tax in compliance with
IC 6-1.1-41 on all taxable property within the county. The tax may not exceed one and
sixty-seven hundredths cents ($0.0167) on each one hundred dollars ($100) of assessed
valuation.
[Pre-1986 Recodification Citation: 3-2-6-3 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.17-1995, SEC.2; P.L.6-1997, SEC.2.

IC 3-11-6-10 Repealed
[Pre-1986 Recodification Citation: 3-2-6-3 part.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.17-1995, SEC.45.

IC 3-11-6-11 Repealed
[Pre-1986 Recodification Citation: 3-2-6-3 part.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.17-1995, SEC.45.

IC 3-11-6-12 Repealed
[Pre-1986 Recodification Citation: 3-2-6-3 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.232. Repealed by
P.L.17-1995, SEC.45.

IC 3-11-6-13 Name of fund

Sec. 13. The tax collected under section 9 of this chapter shall be held in a cumulative
fund to be known as the voting system purchase fund.
[Pre-1986 Recodification Citation: 3-2-6-3 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.233; P.L.17-1995, SEC.3.

IC 3-11-6-14 Repealed
[Pre-1986 Recodification Citation: 3-2-6-3 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.234. Repealed by
P.L.17-1995, SEC.45.

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IC 3-11-6.5 Chapter 6.5. Voting System Improvement

3-11-6.5-0.3 "Fund"
3-11-6.5-0.5 Repealed
3-11-6.5-0.7 "Purchase"
3-11-6.5-1 Quantity purchase agreements; purchase of voting systems by state; purchase
of voting system by counties for voters with disabilities
3-11-6.5-2 Election administration assistance fund; purpose; administration of fund
3-11-6.5-2.1 Administration of fund under HAVA state plan
3-11-6.5-3 Repealed
3-11-6.5-3.1 Use of HAVA Title II funds; maintenance of expenditures
3-11-6.5-4 Applications for reimbursement from fund; approval of reimbursements
3-11-6.5-5 Reimbursement of county from fund
3-11-6.5-6 Repealed
3-11-6.5-6.1 Repealed
3-11-6.5-7 Repealed
3-11-6.5-7.1 HAVA Section 102 funds; reimbursements to counties
3-11-6.5-8 HAVA Section 101 funds; reimbursements to counties

IC 3-11-6.5-0.3 "Fund"
Sec. 0.3. As used in this chapter, "fund" refers to the election administration assistance
fund established by section 2 of this chapter.
As added by P.L.209-2003, SEC.118.

IC 3-11-6.5-0.5 Repealed
As added by P.L.116-2003, SEC.2. Repealed by P.L.97-2004, SEC.133.

IC 3-11-6.5-0.7 "Purchase"
Sec. 0.7. As used in this chapter, "purchase" includes the purchasing, leasing, and
lease-purchasing of voting systems.
As added by P.L.209-2003, SEC.119.

IC 3-11-6.5-1 Quantity purchase agreements; purchase of voting systems by

state; purchase of voting system by counties for voters with
disabilities
Sec. 1. (a) As used in this section, "department" refers to the Indiana department of
administration established by IC 4-13-1-2.
(b) The department shall award quantity purchase agreements to vendors for new voting
systems or upgrades or expansion of existing voting systems by counties.
(c) Both of the following must apply before the department may issue a quantity purchase
agreement to a voting system vendor:
(1) The commission has found that all of the following would be enhanced by the
vendor's new or upgraded voting system:
(A) Reliability of a county's voting system.
(B) Efficiency of a county's voting system.
(C) Ease of use by voters.
(D) Public confidence in a county's voting system.
(2) The commission has otherwise approved the vendor's new voting system or the
upgrade or expansion of the existing voting system for use under this title.
(d) The quantity purchase agreement must include options for a county to:
(1) purchase;
(2) lease-purchase; or
(3) lease;
new voting systems or upgrades or expansion of existing voting systems.
(e) The purchase of new voting systems or upgrades or expansions of existing voting

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systems by a county or under a quantity purchase agreement entered into by the department
under this section is considered an acquisition by the state for purposes of 52 U.S.C. 21001
if the voting system, upgrade, or expansion complies with 52 U.S.C. 21081 through 52
U.S.C. 21102.
(f) Each county shall purchase at least one (1) voting system under this section for each
polling place in the county to meet the requirements set forth under IC 3-11-15-13 (repealed).
As added by P.L.239-2001, SEC.7. Amended by P.L.209-2003, SEC.120; P.L.164-2006,
SEC.94; P.L.1-2009, SEC.3; P.L.128-2015, SEC.165.

IC 3-11-6.5-2 Election administration assistance fund; purpose;

administration of fund
Sec. 2. (a) In accordance with 52 U.S.C. 21004, the election administration assistance
fund is established for the following purposes:
(1) As provided by 52 U.S.C. 21001, to carry out activities to improve the
administration of elections for federal office.
(2) As provided by 52 U.S.C. 21001, to use funds provided to the state under Title II,
Subtitle D, Part I of HAVA (52 U.S.C. 21001 through 52 U.S.C. 21008) as a
reimbursement of costs in obtaining voting equipment that complies with 52 U.S.C.
21081 if the state obtains the equipment after November 7, 2000.
(3) As provided by 52 U.S.C. 21001, to use funds provided to the state under Title II,
Subtitle D, Part I of HAVA (52 U.S.C. 21001 through 52 U.S.C. 21008) as a
reimbursement of costs in obtaining voting equipment that complies with 52 U.S.C.
21081 under a multiyear contract incurred after December 31, 2000.
(4) For reimbursing counties for the purchase of new voting systems or for the upgrade
or expansion of existing voting systems that would not qualify for reimbursement under
subdivision (2) or (3).
(b) The fund consists of the following:
(1) Money appropriated to the fund by the general assembly.
(2) All money allocated to the state by the federal government:
(A) under Section 101 of HAVA (52 U.S.C. 20901), as required by 52 U.S.C.
20904;
(B) under Section 102 of HAVA (52 U.S.C. 20902), as required by 52 U.S.C. 20904;
(C) under Title II, Subtitle D, Part I of HAVA (52 U.S.C. 21001 through 52 U.S.C.
21008); and
(D) under any other program for the improvement of election administration.
(3) Proceeds of bonds issued by the Indiana bond bank for improvement of voting
systems as authorized by law.
The auditor of state shall establish an account within the fund for money appropriated by the
general assembly and separate accounts within the fund for any money received by the state
from the federal government for each source of allocations described under subdivision (2).
Proceeds of bonds issued by the Indiana bond bank under subdivision (3) may be deposited
into any account, as determined by the election division.
(c) The secretary of state shall administer the fund.
(d) The expenses of administering the fund shall be paid from money in the Section 101
account of the fund. If money is not available for this purpose in the Section 101 account of
the fund, the expenses of administering the fund shall be paid from money appropriated under
subsection (b)(1).
(e) The treasurer of state shall invest the money in the fund not currently needed to meet
the obligations of the fund in the same manner as other public money may be invested.
Interest that accrues from these investments shall be deposited in the fund and allocated
among the accounts within the fund according to the balances of the respective accounts.
(f) Money in the fund at the end of a state fiscal year does not revert to the state general
fund.

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 (g) Money in the fund is appropriated continuously for the purposes stated in subsection
(a).
As added by P.L.239-2001, SEC.7. Amended by P.L.209-2003, SEC.121; P.L.153-2013,
SEC.6; P.L.128-2015, SEC.166; P.L.108-2019, SEC.38.

IC 3-11-6.5-2.1 Administration of fund under HAVA state plan

Sec. 2.1. The secretary of state may administer the fund in accordance with the HAVA
state plan, as published in the Indiana Register on November 1, 2003. The state plan may be
amended in accordance with the requirements of HAVA and the procedures for amendment
set forth in the plan. If the plan is amended as provided in this section, the fund may be
administered in accordance with that amendment.
As added by P.L.14-2004, SEC.107. Amended by P.L.153-2013, SEC.7.

IC 3-11-6.5-3 Repealed
As added by P.L.239-2001, SEC.7. Repealed by P.L.209-2003, SEC.203.

IC 3-11-6.5-3.1 Use of HAVA Title II funds; maintenance of expenditures

Sec. 3.1. (a) This section applies to money received under Title II, Subtitle D, Part I of
HAVA (52 U.S.C. 21001 through 52 U.S.C. 21008) and deposited in the account established
under section 2 of this chapter for those funds.
(b) Money deposited in the account must be used to comply with the requirements of Title
III of HAVA (52 U.S.C. 21081 through 52 U.S.C. 21102).
(c) In conformity with Section 254(a)(7) of HAVA (52 U.S.C. 21004), the state shall
maintain expenditures by the state for activities funded by the payment of funds described
by this section at a level that is not less than the level of those expenditures maintained by
the state for the fiscal year ending June 30, 2000.
As added by P.L.209-2003, SEC.122. Amended by P.L.97-2004, SEC.5; P.L.153-2013,
SEC.8; P.L.128-2015, SEC.167.

IC 3-11-6.5-4 Applications for reimbursement from fund; approval of

reimbursements
Sec. 4. (a) To receive reimbursement for the purchase of voting systems under this
chapter, a county must file an application with the election division, in the form required by
the election division. The secretary of state shall review the application and make a
recommendation to the budget committee regarding the application.
(b) The budget agency, after review by the budget committee, shall approve a county's
application for reimbursement under this chapter if the budget agency determines any of the
following:
(1) The county has purchased or will purchase a new voting system or an upgrade or
expansion of an existing voting system to comply with HAVA that would be eligible
for reimbursement under HAVA and this chapter from any fund account.
(2) The county has purchased or will purchase a new voting system to replace a voting
system that the county cannot use because the county is unable to obtain technical or
other operating support for its current voting system. This subdivision applies only if
the purchase of a new voting system is eligible for reimbursement under HAVA.
As added by P.L.239-2001, SEC.7. Amended by P.L.209-2003, SEC.123; P.L.108-2008,
SEC.2; P.L.153-2013, SEC.9.

IC 3-11-6.5-5 Reimbursement of county from fund

Sec. 5. (a) If a county's application is approved under section 4 of this chapter, the
secretary of state shall, subject to this section, reimburse the county from the fund an amount
to be determined by the secretary of state.
(b) Payment of money from the fund is subject to the availability of money in the fund and

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the requirements of this chapter and HAVA.
(c) It is the intent of the general assembly that a county eligible for reimbursement under
section 4 of this chapter be reimbursed from federal money received by the state to the
maximum extent permitted by federal law.
As added by P.L.239-2001, SEC.7. Amended by P.L.209-2003, SEC.124; P.L.164-2006,
SEC.95; P.L.153-2013, SEC.10.

IC 3-11-6.5-6 Repealed
As added by P.L.239-2001, SEC.7. Repealed by P.L.209-2003, SEC.203.

IC 3-11-6.5-6.1 Repealed
As added by P.L.209-2003, SEC.125. Amended by P.L.221-2005, SEC.47. Repealed by
P.L.164-2006, SEC.143.

IC 3-11-6.5-7 Repealed
As added by P.L.239-2001, SEC.7. Repealed by P.L.209-2003, SEC.203.

IC 3-11-6.5-7.1 HAVA Section 102 funds; reimbursements to counties

Sec. 7.1. (a) This section applies to money received under Section 102 of HAVA (52
U.S.C. 20902) and deposited in the account established under section 2 of this chapter for
those funds.
(b) Money deposited in the account must be used for the purposes set forth in Section 102
of HAVA (52 U.S.C. 20902).
(c) As permitted under 52 U.S.C. 20902, a county may apply to receive reimbursement
from the fund.
(d) To receive reimbursement or voting systems under this section, a county must file an
application with the election division in the form required by the election division. The
secretary of state shall review the application and make a recommendation to the budget
committee regarding the application.
(e) The budget agency, after review by the budget committee, shall approve a county's
application for reimbursement if the budget agency determines that the county has purchased
a voting system to comply with Section 102 of HAVA and is eligible for reimbursement
under this section.
(f) The budget agency, after review by the budget committee, shall approve a county's
application for disbursement of voting systems to the county if the budget agency determines
that the county is entitled to receive voting systems under this section to comply with Section
102 of HAVA.
(g) If a county's application for reimbursement is approved under this section, the
secretary of state shall, subject to subsection (h), reimburse the county from the fund in an
amount not more than the amount determined by STEP TWO of the following formula:
STEP ONE: Determine the number of precincts in the county that used a voting
machine voting system or a punch card voting system at the November 7, 2000, general
election.
STEP TWO: Multiply the number determined in STEP ONE by four thousand dollars
($4,000).
(h) Payment of money from the fund under this section is subject to the availability of
money in the fund and the requirements of this chapter and HAVA.
As added by P.L.209-2003, SEC.126. Amended by P.L.97-2004, SEC.6; P.L.153-2013,
SEC.11; P.L.128-2015, SEC.168.

IC 3-11-6.5-8 HAVA Section 101 funds; reimbursements to counties

Sec. 8. (a) This section applies to money received under Section 101 of HAVA (52
U.S.C. 20901) and deposited in the account established under section 2 of this chapter for

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those funds.
(b) Money deposited in the account must be used in accordance with the requirements
applicable under Section 101 of HAVA (52 U.S.C. 20901).
(c) The money may be used for the following purposes:
(1) By the secretary of state for any purpose authorized by this title and permitted under
52 U.S.C. 20901.
(2) To reimburse counties for the upgrade or expansion of existing voting systems to
comply with HAVA.
(d) As permitted under 52 U.S.C. 20901, a county may apply to receive reimbursement
under subsection (c).
(e) To receive reimbursement under this section, a county must make an application to
the election division in the form required by the election division. The secretary of state shall
review the application and make a recommendation to the budget committee regarding the
application.
(f) The budget agency, after review by the budget committee, shall approve a county's
application for reimbursement under this section if the budget agency determines that the
application complies with the requirements for reimbursement under subsection (c)(2).
(g) If a county's application is approved under subsection (c)(2), the secretary of state
shall, subject to subsection (h), pay the county from the fund in an amount to be determined
by the secretary of state.
(h) Payment of money from the fund under this section is subject to the availability of
money in the fund and the requirements of this chapter and HAVA.
As added by P.L.239-2001, SEC.7. Amended by P.L.209-2003, SEC.127; P.L.97-2004,
SEC.7; P.L.153-2013, SEC.12; P.L.128-2015, SEC.169.

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IC 3-11-7 Chapter 7. Approval of Ballot Card Voting Systems

3-11-7-1 Necessity of approval

3-11-7-2 Approval of system by commission
3-11-7-3 Capability of system; voting in secrecy
3-11-7-3.5 Face of ballot card
3-11-7-4 Capability of system; voting straight or split ticket variations; candidates
elected to at-large offices; independent candidates; presidential electors; public
questions
3-11-7-5 Requisites of systems
3-11-7-6 Counting of vote; voting straight or split ticket variations
3-11-7-7 Repealed
3-11-7-8 Repealed
3-11-7-9 Repealed
3-11-7-10 Repealed
3-11-7-11 Repealed
3-11-7-11.5 Ballot card voting system; write-in vote count capacity
3-11-7-12 Tests to be conducted before approving system; marketing, sale, lease, or
installation of voting system; expiration of approval
3-11-7-13 Repealed
3-11-7-14 Supplementary instructions and procedures for safe and efficient use of
system; issuance
3-11-7-15 Proposed changes to voting system; tests to be conducted before approval;
criteria for approval; marketing, sale, lease, or installation of changes;
expiration of approval
3-11-7-16 Disapproval of system
3-11-7-17 Examination of previously approved voting system; rescission of approval;
prohibition of use
3-11-7-18 Filing contracts, leases, or purchase orders with election division
3-11-7-19 Expiration of approval of voting system; renewal of approval; notice of request
for renewal; conditions for renewal; approval of renewal
3-11-7-20 County election board responsible for care and custody of voting systems when
not in use

IC 3-11-7-1 Necessity of approval

Sec. 1. The commission must approve a ballot card voting system before it may be used
in an election.
[Pre-1986 Recodification Citation: 3-2-4-6(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.235; P.L.2-1996, SEC.161;
P.L.239-2001, SEC.8; P.L.221-2005, SEC.48.

IC 3-11-7-2 Approval of system by commission

Sec. 2. The commission may approve a ballot card voting system only if the commission
determines that the system meets the standards in this chapter and IC 3-11-15.
[Pre-1986 Recodification Citations: 3-2-4-3(a) part; 3-2-4-6(a) part, (b).]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.236; P.L.2-1996, SEC.162;
P.L.176-1999, SEC.68.

IC 3-11-7-3 Capability of system; voting in secrecy

Sec. 3. A ballot card voting system must enable a voter to cast a vote in secrecy for all
offices and public questions for which the voter is entitled to vote.
[Pre-1986 Recodification Citation: 3-2-4-3(a)(1).]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.237.

IC 3-11-7-3.5 Face of ballot card

Sec. 3.5. A ballot card printed for use under this article must have the year of the election
to be conducted printed or stamped on the face of the ballot card.

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As added by P.L.176-1999, SEC.69.

IC 3-11-7-4 Capability of system; voting straight or split ticket variations;

candidates elected to at-large offices; independent candidates;
presidential electors; public questions
Sec. 4. (a) Except as provided in subsection (b), a ballot card voting system must permit
a voter to vote:
(1) except at a primary election, a straight party ticket for all of the candidates of one
(1) political party by a single voting mark on each ballot card;
(2) for one (1) or more candidates of each political party or independent candidates, or
for one (1) or more school board candidates nominated by petition;
(3) a split ticket for the candidates of different political parties and for independent
candidates; or
(4) a straight party ticket and then split that ticket by casting individual votes for
candidates of another political party or independent candidate.
(b) A ballot card voting system must require that a voter who wishes to cast a ballot for
a candidate for election to an at-large district to which more than one person may be elected,
on a:
(1) county council;
(2) city common council;
(3) town council; or
(4) township board;
make a voting mark for each individual candidate for whom the voter wishes to cast a vote.
The ballot card voting system may not count any straight party ticket voting mark as a vote
for any candidate for an office described by this subsection.
(c) A ballot card voting system must permit a voter to vote:
(1) for all candidates for presidential electors and alternate presidential electors of a
political party or an independent ticket by making a single voting mark; and
(2) for or against a public question on which the voter may vote.
[Pre-1986 Recodification Citation: 3-2-4-3(a)(2).]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.238; P.L.3-1993, SEC.131;
P.L.221-2005, SEC.49; P.L.219-2013, SEC.38; P.L.21-2016, SEC.9; P.L.201-2017, SEC.29;
P.L.278-2019, SEC.65.

IC 3-11-7-5 Requisites of systems

Sec. 5. A ballot card voting system must be:
(1) suitably designed for the purpose used;
(2) of durable construction;
(3) safe, efficient, and accurate in the conduct of elections and counting of ballots; and
(4) in compliance with the standards for systems that are purchased after the effective
date of the standards established under this chapter and IC 3-11-15.
[Pre-1986 Recodification Citation: 3-2-4-3(a)(3).]
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.19; P.L.3-1987, SEC.239;
P.L.4-1991, SEC.74; P.L.2-1996, SEC.163; P.L.176-1999, SEC.70.

IC 3-11-7-6 Counting of vote; voting straight or split ticket variations

Sec. 6. A ballot card voting system must count a ballot in accordance with IC 3-12-1-7
when a voter votes a straight ticket vote and votes for individual candidates as described by
IC 3-12-1-7.
[Pre-1986 Recodification Citation: 3-2-4-3(a)(4)(A).]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.240; P.L.3-1993, SEC.132;
P.L.164-2006, SEC.96.

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IC 3-11-7-7 Repealed
[Pre-1986 Recodification Citation: 3-2-4-3(a)(4)(B).]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.241; P.L.3-1993, SEC.133.
Repealed by P.L.164-2006, SEC.144.

IC 3-11-7-8 Repealed
[Pre-1986 Recodification Citation: 3-2-4-3(a)(4)(C).]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.242; P.L.3-1993, SEC.134.
Repealed by P.L.164-2006, SEC.144.

IC 3-11-7-9 Repealed
[Pre-1986 Recodification Citation: 3-2-4-3(a)(4)(D).]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.243; P.L.3-1993, SEC.135;
P.L.38-1999, SEC.41. Repealed by P.L.164-2006, SEC.144.

IC 3-11-7-10 Repealed
[Pre-1986 Recodification Citation: 3-2-4-3(a)(4)(E).]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.244; P.L.3-1993, SEC.136.
Repealed by P.L.164-2006, SEC.144.

IC 3-11-7-11 Repealed
[Pre-1986 Recodification Citation: 3-2-4-3(a)(4)(F).]
As added by P.L.5-1986, SEC.7. Amended by P.L.5-1988, SEC.7; P.L.3-1993, SEC.137.
Repealed by P.L.164-2006, SEC.144.

IC 3-11-7-11.5 Ballot card voting system; write-in vote count capacity

Sec. 11.5. A ballot card voting system must permit the counting of write-in votes in
accordance with IC 3-12-1-7 and IC 3-12-1-7.5.
As added by P.L.3-1993, SEC.138. Amended by P.L.21-2016, SEC.10.

IC 3-11-7-12 Tests to be conducted before approving system; marketing,

sale, lease, or installation of voting system; expiration of
approval
Sec. 12. (a) The commission shall:
(1) require the vendor to have tests conducted concerning the compliance of a ballot
card voting system with HAVA and the standards set forth in this chapter and
IC 3-11-15; and
(2) have the results of the tests evaluated by the person designated under IC 3-11-16;
before determining whether to approve the application for certification of a ballot card voting
system.
(b) Except as provided in subsection (c), the tests required under this section must be
performed by an independent laboratory accredited under 52 U.S.C. 20971. The vendor shall
pay any testing expenses incurred under this section.
(c) If the commission determines that it is impossible or impractical to have an
independent laboratory conduct tests on a ballot card voting system, the commission may
direct that the tests be conducted by any other entity approved by the commission.
(d) A ballot card voting system may not be marketed, sold, leased, installed, or
implemented in Indiana before the application for certification of the system is approved by
the commission.
(e) An approval of a ballot card voting system under this chapter expires on the date
specified in section 19(a) of this chapter.
[Pre-1986 Recodification Citation: 3-2-4-6(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.245; P.L.2-1996, SEC.164;

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P.L.221-2005, SEC.50; P.L.128-2015, SEC.170; P.L.21-2016, SEC.11.

IC 3-11-7-13 Repealed
[Pre-1986 Recodification Citation: 3-2-4-6(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.246; P.L.2-1996, SEC.165;
P.L.3-1997, SEC.285. Repealed by P.L.176-1999, SEC.134.

IC 3-11-7-14 Supplementary instructions and procedures for safe and

efficient use of system; issuance
Sec. 14. The commission may issue supplementary instructions and procedures for the
safe and efficient use of ballot card voting systems to carry out this chapter.
[Pre-1986 Recodification Citation: 3-2-4-7.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.247; P.L.2-1996, SEC.166.

IC 3-11-7-15 Proposed changes to voting system; tests to be conducted

before approval; criteria for approval; marketing, sale, lease,
or installation of changes; expiration of approval
Sec. 15. (a) A vendor may apply for approval of a proposed improvement or change to
a ballot card voting system that is currently certified by the commission. A proposed
improvement or change may not be marketed, sold, leased, installed, or implemented in
Indiana before the application for the improvement or change is approved by the commission.
(b) An application for approval of an improvement or change must be in the form
prescribed by the election division.
(c) The vendor applying for approval of an improvement or a change must have the
improvement or change to the voting system tested by an independent laboratory accredited
under 52 U.S.C. 20971. However, if the commission determines that it is impossible or
impractical to have an independent laboratory conduct tests on a proposed improvement or
change to a ballot card voting system, the commission may direct that the tests be conducted
by any other entity approved by the commission. The vendor shall pay any testing expenses
incurred under this subsection.
(d) The election division (or the person designated under IC 3-11-16) shall review the
proposed improvement or change to the voting system and the results of the testing by the
independent laboratory under subsection (c) and report the results of the review to the
commission. The review must indicate:
(1) whether the proposed improvement or change has been approved by an independent
laboratory accredited under 52 U.S.C. 20971 or as directed by the commission under
subsection (c);
(2) whether the proposed improvement is a de minimis change or a modification;
(3) if the proposed improvement or change is a modification, whether the modification
may be installed and implemented without any significant likelihood that the voting
system would be configured or perform its functions in violation of HAVA or this title;
and
(4) whether the proposed improvement or change would comply with HAVA and the
standards set forth in this chapter and IC 3-11-15.
(e) After the commission has approved the application for an improvement or change
(including a de minimis change) to a ballot card voting system, the improvement or change
may be marketed, sold, leased, installed, or implemented in Indiana.
(f) An approval of an application under this section expires on the date specified under
section 19(a) of this chapter.
[Pre-1986 Recodification Citation: 3-2-4-3(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.248; P.L.4-1991, SEC.75;
P.L.2-1996, SEC.167; P.L.3-1997, SEC.286; P.L.14-2004, SEC.108; P.L.221-2005, SEC.51;
P.L.76-2014, SEC.32; P.L.5-2015, SEC.1; P.L.128-2015, SEC.171; P.L.169-2015, SEC.105;

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P.L.21-2016, SEC.12.

IC 3-11-7-16 Disapproval of system

Sec. 16. The commission may not approve the marketing, sale, lease, installation, or
implementation of a ballot card voting system by a vendor if the commission finds that the
system fails to meet all statutory requirements.
[Pre-1986 Recodification Citation: 3-2-4-3(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.249; P.L.5-1988, SEC.8;
P.L.4-1991, SEC.76; P.L.2-1996, SEC.168; P.L.176-1999, SEC.71; P.L.221-2005, SEC.52.

IC 3-11-7-17 Examination of previously approved voting system; rescission

of approval; prohibition of use
Sec. 17. (a) The election division (or the person designated under IC 3-11-16) may
periodically examine a ballot card voting system that the commission has previously
approved to determine whether the system is still in compliance with all statutory
requirements and whether the voting system in use in a county has the same hardware,
firmware, and software as the version of the voting system that was certified by the
commission.
(b) If a system does not comply with subsection (a), the commission may rescind the
commission's approval of the voting system.
(c) If the commission's approval is rescinded under subsection (b), the commission may
prohibit the system from being installed, implemented, leased, marketed, used, permitted to
be used, or sold for use in Indiana in an election conducted under this title.
As added by P.L.4-1991, SEC.77. Amended by P.L.3-1993, SEC.139; P.L.2-1996, SEC.169;
P.L.2-1997, SEC.9; P.L.3-1997, SEC.287; P.L.176-1999, SEC.72; P.L.126-2002, SEC.57;
P.L.14-2004, SEC.109; P.L.221-2005, SEC.53.

IC 3-11-7-18 Filing contracts, leases, or purchase orders with election

division
Sec. 18. (a) The county executive shall file a copy of all contracts, leases, or purchase
orders, including modifications, for the sale or lease of voting equipment, systems, or
software with the election division.
(b) The documents listed in subsection (a) must be filed not later than thirty (30) days
after the date of approval of the contract, lease, or purchase order by the county executive.
As added by P.L.4-1991, SEC.78. Amended by P.L.2-1996, SEC.170; P.L.3-1997, SEC.288;
P.L.221-2005, SEC.54.

IC 3-11-7-19 Expiration of approval of voting system; renewal of approval;

notice of request for renewal; conditions for renewal; approval
of renewal
Sec. 19. (a) Except as provided in subsection (g), the approval of a ballot card voting
system under this chapter expires October 1 of the year following the year in which
presidential electors are elected under IC 3-10-2-3.
(b) The vendor of a voting system approved under this chapter may request that the
approval be renewed by filing an application with the election division.
(c) The application described in subsection (b) must identify all counties that are currently
using the voting system. Before the commission considers the application for renewal, the
election division shall give notice of the application to the circuit court clerk of each county
listed in the application.
(d) When the commission considers the application, the commission shall request
comments regarding the renewal of the application from any interested person. Before acting
on the application for renewal, the commission must receive a report from the person
designated under IC 3-11-16 indicating that the hardware, firmware, and software included

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in the application for renewal of the voting system is identical to the version of the voting
system previously certified by the commission.
(e) After receiving the report under subsection (d) and receiving comments from
interested persons, the commission shall approve an application for renewal under this
section if the commission finds that the voting system:
(1) complies with the standards prescribed under this chapter;
(2) has worked effectively where the system has been used; and
(3) has been adequately supported by the vendor of the system.
(f) If the commission finds that a vendor has marketed, sold, leased, installed,
implemented, or permitted the use of a voting system in Indiana that:
(1) has not been certified by the commission for use in Indiana; or
(2) includes hardware, firmware, or software in a version that has not been approved
for use in Indiana;
the commission may revoke the approval granted under this section and prohibit the vendor
from marketing, leasing, or selling any voting system in Indiana for a specific period not to
exceed five (5) years.
(g) A vendor subject to subsection (f) may continue to provide support during the period
specified in subsection (f) to a county that has acquired a voting system from the vendor after
the vendor certifies that the voting system to be supported by the vendor only includes
hardware, firmware, and software approved for use in Indiana.
As added by P.L.3-1993, SEC.140. Amended by P.L.2-1996, SEC.171; P.L.3-1997,
SEC.289; P.L.14-2004, SEC.110; P.L.221-2005, SEC.55.

IC 3-11-7-20 County election board responsible for care and custody of

voting systems when not in use
Sec. 20. The county election board is responsible for the care and custody of all ballot
card voting systems while not in use.
As added by P.L.100-2018, SEC.3.

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IC 3-11-7.5 Chapter 7.5. Approval of Electronic Voting Systems

3-11-7.5-1 Necessity for approval

3-11-7.5-2 Submission of application for approval
3-11-7.5-3 Compliance with statutes required for approval
3-11-7.5-4 Standards for approval; tests to be conducted before approving system;
marketing, sale, lease, or installation of voting system; expiration of approval
3-11-7.5-5 Proposed changes to voting system; tests to be conducted before approval;
criteria for approval; marketing, sale, lease, or installation of changes;
expiration of approval
3-11-7.5-6 Repealed
3-11-7.5-7 Voting system must meet specifications
3-11-7.5-8 Secrecy
3-11-7.5-9 Potential for voting for any candidate or on any public question
3-11-7.5-10 Capability of system; voting straight or split ticket variations; candidates
elected to at-large offices; independent candidates; presidential electors; public
questions
3-11-7.5-11 Multiple vote prevention feature
3-11-7.5-12 Single party primary voting potential
3-11-7.5-13 Accuracy in registering and counting votes
3-11-7.5-14 Security against unauthorized voting
3-11-7.5-15 Voter counting device
3-11-7.5-16 Votes cast counting device; security against voting upon removal of device
3-11-7.5-17 Prevention of voting outside polling hours
3-11-7.5-18 System identification number
3-11-7.5-19 Repealed
3-11-7.5-20 Repealed
3-11-7.5-21 Adoption and procurement of system
3-11-7.5-22 Requirement of written guarantee to keep electronic voting system in working
order
3-11-7.5-23 Phase in of system
3-11-7.5-24 County election board responsible for care and custody of voting systems when
not in use
3-11-7.5-25 Experimental use of system
3-11-7.5-26 Examination of previously approved voting system; rescission of approval;
prohibition of use
3-11-7.5-27 Filing contracts, leases, or purchase orders with election division
3-11-7.5-28 Expiration of approval of voting system; renewal of approval; notice of request
for renewal; conditions

IC 3-11-7.5-1 Necessity for approval

Sec. 1. The commission must approve any form of electronic voting system before it may
be used at an election.
As added by P.L.3-1987, SEC.250. Amended by P.L.2-1996, SEC.172.

IC 3-11-7.5-2 Submission of application for approval

Sec. 2. A person may submit an application for approval of an electronic voting system
in the form prescribed by the election division.
As added by P.L.3-1987, SEC.250. Amended by P.L.2-1996, SEC.173; P.L.3-1997,
SEC.290; P.L.221-2005, SEC.57; P.L.169-2015, SEC.106.

IC 3-11-7.5-3 Compliance with statutes required for approval

Sec. 3. The commission may approve an electronic voting system only if the system
complies with the requirements of this chapter and IC 3-11-15.
As added by P.L.3-1987, SEC.250. Amended by P.L.4-1991, SEC.79; P.L.2-1996, SEC.174;
P.L.176-1999, SEC.73.

IC 3-11-7.5-4 Standards for approval; tests to be conducted before

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 approving system; marketing, sale, lease, or installation of
voting system; expiration of approval
Sec. 4. (a) The commission shall:
(1) require the vendor to have tests conducted concerning the compliance of an
electronic voting system with HAVA and the standards set forth in this chapter and
IC 3-11-15; and
(2) have the results of the tests evaluated by the person designated under IC 3-11-16;
before determining whether to approve the application for certification of an electronic
voting system.
(b) The tests required under this section must be performed by an independent laboratory
accredited under 52 U.S.C. 20971. However, if the commission determines that it is
impossible or impractical to have an independent laboratory conduct tests on an electronic
voting system, the commission may direct that the tests be conducted by any other entity
approved by the commission. The vendor shall pay any testing expenses under this section.
(c) If the commission finds that an electronic voting system complies with this article, the
commission may approve the system. The approved system then may be adopted for use at
an election.
(d) An electronic voting system may not be marketed, sold, leased, installed, or
implemented in Indiana before the application for certification of the system is approved by
the commission.
(e) An approval of an electronic voting system under this chapter expires on the date
specified by section 28(a) of this chapter.
As added by P.L.3-1987, SEC.250. Amended by P.L.4-1991, SEC.80; P.L.2-1996, SEC.175;
P.L.176-1999, SEC.74; P.L.221-2005, SEC.58; P.L.128-2015, SEC.172; P.L.21-2016,
SEC.13.

IC 3-11-7.5-5 Proposed changes to voting system; tests to be conducted

before approval; criteria for approval; marketing, sale, lease,
or installation of changes; expiration of approval
Sec. 5. (a) A vendor may apply for approval of a proposed improvement or change to an
electronic voting system that is currently certified by the commission. A proposed
improvement or change may not be marketed, sold, leased, installed, or implemented in
Indiana before the application for the improvement or change is approved by the commission.
(b) An application for approval of an improvement or a change must be in the form
prescribed by the election division.
(c) The vendor applying for approval of an improvement or a change must have the
improvement or change to the voting system tested by an independent laboratory accredited
under 52 U.S.C. 20971. However, if the commission determines that it is impossible or
impractical to have an independent laboratory conduct tests on a proposed improvement or
change to an electronic voting system, the commission may direct that the tests be conducted
by any other entity approved by the commission. The vendor shall pay any testing expenses
incurred under this subsection.
(d) The election division (or the person designated under IC 3-11-16) shall review the
improvement or change to the voting system in accordance with procedures approved by the
commission and the results of the testing required under subsection (c) and report the results
of the review to the commission. The review must indicate:
(1) whether the proposed improvement or change has been approved by an independent
laboratory accredited under 52 U.S.C. 20971;
(2) whether the proposed improvement or change is a de minimis change or a
modification as indicated by a report from an independent laboratory or by the entity
designated by the commission under subsection (c);
(3) if the proposed improvement or change is a modification, whether the modification
may be installed and implemented without any significant likelihood that the voting

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 system would be configured or perform its functions in violation of HAVA or this title
as indicated by a report from an independent laboratory; and
(4) whether the proposed improvement or change would comply with HAVA and the
standards set forth in this chapter and IC 3-11-15.
(e) After the commission has examined and approved the application for an improvement
or change to an electronic voting system (including a de minimis change), the improvement
or change may be marketed, sold, leased, installed, or implemented in Indiana.
(f) An approval of an application under this section expires on the date specified by
section 28(a) of this chapter.
As added by P.L.3-1987, SEC.250. Amended by P.L.4-1991, SEC.81; P.L.2-1996, SEC.176;
P.L.3-1997, SEC.291; P.L.176-1999, SEC.75; P.L.14-2004, SEC.111; P.L.221-2005,
SEC.59; P.L.76-2014, SEC.33; P.L.5-2015, SEC.2; P.L.128-2015, SEC.173; P.L.169-2015,
SEC.107; P.L.21-2016, SEC.14.

IC 3-11-7.5-6 Repealed
As added by P.L.3-1987, SEC.250. Amended by P.L.2-1996, SEC.177. Repealed by
P.L.3-1997, SEC.475.

IC 3-11-7.5-7 Voting system must meet specifications

Sec. 7. The commission may not approve the marketing, sale, lease, installation, or
implementation of an electronic voting system unless the system meets the specifications in
sections 8 through 18 of this chapter and in IC 3-11-15.
As added by P.L.3-1987, SEC.250. Amended by P.L.4-1991, SEC.82; P.L.2-1996, SEC.178;
P.L.176-1999, SEC.76; P.L.221-2005, SEC.60; P.L.76-2014, SEC.34.

IC 3-11-7.5-8 Secrecy
Sec. 8. An electronic voting system must ensure secrecy to a voter in the act of voting.
As added by P.L.3-1987, SEC.250.

IC 3-11-7.5-9 Potential for voting for any candidate or on any public

question
Sec. 9. An electronic voting system must provide facilities that will permit votes to be cast
for any candidate at any election and for or against any public question.
As added by P.L.3-1987, SEC.250.

IC 3-11-7.5-10 Capability of system; voting straight or split ticket variations;

candidates elected to at-large offices; independent candidates;
presidential electors; public questions
Sec. 10. (a) Except as provided in subsection (b), an electronic voting system must permit
a voter to vote:
(1) except at a primary election, a straight party ticket for all the candidates of one (1)
political party by touching the device of that party;
(2) for one (1) or more candidates of each political party or independent candidates, or
for one (1) or more school board candidates nominated by petition;
(3) a split ticket for the candidates of different political parties and for independent
candidates; or
(4) a straight party ticket and then split that ticket by casting individual votes for
candidates of another political party or independent candidates.
(b) An electronic voting system must require that a voter who wishes to cast a ballot for
a candidate for election to an at-large district to which more than one person may be elected,
on a:
(1) county council;
(2) city common council;

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 (3) town council; or
(4) township board;
make a voting mark for each individual candidate for whom the voter wishes to cast a vote.
The electronic voting system may not count any straight party ticket voting mark as a vote
for any candidate for an office described by this subsection.
(c) An electronic voting system must permit a voter to vote:
(1) for as many candidates for an office as the voter may vote for, but no more;
(2) for or against a public question on which the voter may vote, but no other; and
(3) for all the candidates for presidential electors and alternate presidential electors of
a political party or an independent ticket by making a single voting mark.
As added by P.L.3-1987, SEC.250. Amended by P.L.3-1993, SEC.141; P.L.219-2013,
SEC.39; P.L.21-2016, SEC.15; P.L.201-2017, SEC.30; P.L.278-2019, SEC.66.

IC 3-11-7.5-11 Multiple vote prevention feature

Sec. 11. An electronic voting system must prevent a voter from voting for the same
candidate or for or against the same public question more than once.
As added by P.L.3-1987, SEC.250.

IC 3-11-7.5-12 Single party primary voting potential

Sec. 12. An electronic voting system must be adjustable for use in a primary election so
that a voter may not vote for a candidate except those seeking nomination as candidates of
the voter's political party.
As added by P.L.3-1987, SEC.250.

IC 3-11-7.5-13 Accuracy in registering and counting votes

Sec. 13. An electronic voting system must correctly register and accurately count all votes
cast for each candidate and for or against each public question.
As added by P.L.3-1987, SEC.250.

IC 3-11-7.5-14 Security against unauthorized voting

Sec. 14. An electronic voting system must be designed so that it can be determined
whether the system has been operated after once being secured against additional voting.
As added by P.L.3-1987, SEC.250.

IC 3-11-7.5-15 Voter counting device

Sec. 15. An electronic voting system must be able to indicate during an election how
many voters have voted by use of a counting device.
As added by P.L.3-1987, SEC.250.

IC 3-11-7.5-16 Votes cast counting device; security against voting upon

removal of device
Sec. 16. An electronic voting system must have a counting device that records the number
of votes cast for each candidate and for or against each public question on the ballot that
cannot be tampered with or altered at any time while votes are being cast on the system.
When the computer memory pack that permits votes to be recorded on the counting device
is removed, the system must be designed so that it can no longer be placed into operation.
As added by P.L.3-1987, SEC.250.

IC 3-11-7.5-17 Prevention of voting outside polling hours

Sec. 17. An electronic voting system must have a device or method that prevents the
operation of the system before the time for opening the polls and after the time for closing
the polls.
As added by P.L.3-1987, SEC.250.

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IC 3-11-7.5-18 System identification number
Sec. 18. Each electronic voting system must bear a number that will distinguish it from
any other system.
As added by P.L.3-1987, SEC.250.

IC 3-11-7.5-19 Repealed
As added by P.L.3-1987, SEC.250. Repealed by P.L.76-2014, SEC.35.

IC 3-11-7.5-20 Repealed
As added by P.L.3-1987, SEC.250. Amended by P.L.176-1999, SEC.77. Repealed by
P.L.221-2005, SEC.145.

IC 3-11-7.5-21 Adoption and procurement of system

Sec. 21. A county executive may purchase, procure, lease, install, implement, or authorize
the use of an electronic voting system only after the system has been approved by the
commission.
As added by P.L.3-1987, SEC.250. Amended by P.L.4-1991, SEC.83; P.L.2-1996, SEC.179;
P.L.221-2005, SEC.61.

IC 3-11-7.5-22 Requirement of written guarantee to keep electronic voting

system in working order
Sec. 22. A county executive also may not purchase or procure an electronic voting system
unless the person selling the system has guaranteed, in writing, to keep the system in working
order at least five (5) years.
As added by P.L.3-1987, SEC.250. Amended by P.L.7-1990, SEC.47.

IC 3-11-7.5-23 Phase in of system

Sec. 23. If it is impossible to supply each precinct with an electronic voting system at an
election following the adoption of the systems in a county, as many systems shall be supplied
as it is possible to procure. The county election board shall determine the precincts of the
county in which the systems will be used.
As added by P.L.3-1987, SEC.250.

IC 3-11-7.5-24 County election board responsible for care and custody of

voting systems when not in use
Sec. 24. The county election board is responsible for the care and custody of all electronic
voting systems while not in use.
As added by P.L.3-1987, SEC.250. Amended by P.L.100-2018, SEC.4.

IC 3-11-7.5-25 Experimental use of system

Sec. 25. The county election board may provide for the experimental use of an electronic
voting system at an election in one (1) or more precincts in the county. The system may be
used without a formal adoption by the county or purchase but the electronic voting system
must be approved by the commission before the system is implemented in or used by the
county. The experimental use of a system at an election in accordance with this section is
valid for all purposes as if formally adopted by the county.
As added by P.L.3-1987, SEC.250. Amended by P.L.2-1996, SEC.180; P.L.14-2004,
SEC.112.

IC 3-11-7.5-26 Examination of previously approved voting system; rescission

of approval; prohibition of use
Sec. 26. (a) The election division (or the person designated under IC 3-11-16) may
periodically examine an electronic voting system that the commission has previously

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approved to determine whether that system is still in compliance with all statutory
requirements and whether the voting system in use in a county has the same hardware,
firmware, and software as the version of the voting system that was certified by the
commission.
(b) If a system does not comply with subsection (a), the commission may rescind the
commission's approval of the voting system.
(c) If the commission's approval is rescinded under subsection (b), the commission may
prohibit the system from being installed, implemented, leased, marketed, used, permitted to
be used, or sold for use in Indiana in an election conducted under this title.
As added by P.L.4-1991, SEC.84. Amended by P.L.3-1993, SEC.142; P.L.2-1996, SEC.181;
P.L.3-1997, SEC.292; P.L.176-1999, SEC.78; P.L.126-2002, SEC.58; P.L.14-2004,
SEC.113; P.L.221-2005, SEC.62.

IC 3-11-7.5-27 Filing contracts, leases, or purchase orders with election

division
Sec. 27. (a) The county executive shall file a copy of all contracts, leases, or purchase
orders, including modifications, for the sale or lease of voting equipment, systems, or
software with the election division.
(b) The documents listed in subsection (a) must be filed not later than thirty (30) days
after the date of approval of the contract, lease, or purchase order by the county executive.
As added by P.L.4-1991, SEC.85. Amended by P.L.2-1996, SEC.182; P.L.3-1997, SEC.293;
P.L.221-2005, SEC.63.

IC 3-11-7.5-28 Expiration of approval of voting system; renewal of approval;

notice of request for renewal; conditions
Sec. 28. (a) Except as provided in subsection (g), the approval of an electronic voting
system under this chapter expires October 1 of the year following the year in which
presidential electors are elected under IC 3-10-2-3.
(b) The vendor of a voting system approved under this chapter may request that the
approval be renewed by filing an application with the election division.
(c) The application described in subsection (b) must identify all counties that are currently
using the voting system. Before the commission considers the application for renewal, the
election division shall give notice of the application to the circuit court clerk of each county
listed in the application.
(d) When the commission considers the application, the election division shall request
comments regarding the renewal of the application from any interested person. Before acting
on the application for renewal, the commission must receive a report from the person
designated under IC 3-11-16 indicating that the hardware, firmware, and software included
in the application for renewal of the voting system is identical to the version of the voting
system previously certified by the commission.
(e) After receiving the report under subsection (d) and comments from interested persons,
the commission shall approve an application for renewal under this section if the commission
finds that the voting system:
(1) complies with the standards prescribed under this chapter;
(2) has worked effectively where the system has been used; and
(3) has been adequately supported by the vendor of the system.
(f) If the commission finds that a vendor has marketed, sold, leased, installed,
implemented, or permitted the use of a voting system in Indiana that:
(1) has not been certified by the commission for use in Indiana; or
(2) includes hardware, firmware, or software in a version that has not been approved
for use in Indiana;
the commission may revoke the approval granted under this section and prohibit the vendor
from marketing, leasing, or selling any voting system in Indiana for a specific period not to

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exceed five (5) years.
(g) A vendor subject to subsection (f) may continue to provide support during the period
specified in subsection (f) to a county that has acquired a voting system from the vendor after
the vendor certifies that the voting system to be supported by the vendor only includes
hardware, firmware, and software approved for use in Indiana.
As added by P.L.3-1993, SEC.143. Amended by P.L.2-1997, SEC.10; P.L.3-1997, SEC.294;
P.L.14-2004, SEC.114; P.L.221-2005, SEC.64.

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IC 3-11-8 Chapter 8. Voting Procedures Generally

3-11-8-0.1 Effect of certain amendments to chapter

3-11-8-1 Application of chapter
3-11-8-1.2 "Facility" and "accessible facility"; facility standards
3-11-8-2 Voting in precinct of residence
3-11-8-3 County executive secures voting polls; accessible facility; inapplicability to
vote center counties
3-11-8-3.1 Designation of polls
3-11-8-3.2 Polls; notice of location; change of location; entry of location into
computerized system
3-11-8-3.4 County applications to Secretary of Health and Human Services to make
polling places accessible and provide information to voters with disabilities
3-11-8-4 Public buildings to be available for holding election; conditions for use of
school buildings
3-11-8-4.1 Location of polls; one place per precinct; inapplicability to vote center
counties
3-11-8-4.2 Repealed
3-11-8-4.3 Location of polls in adjoining precinct
3-11-8-5 Election not to be held in room where alcoholic beverages kept or sold
3-11-8-6 Location of polls in accessible and secure facility
3-11-8-6.3 Polls may not be located in facility in which polls or chute contain a display
visible to voter of political preference, party allegiance, or pictures,
photographs, or other likeness of currently elected official
3-11-8-6.5 Repealed
3-11-8-7 Preparation of polls for election
3-11-8-7.5 Electronic poll books; seals
3-11-8-8 Times for polls to be open; county election board or board of elections and
registration may not extend hours
3-11-8-9 Proclamation of opening and closing of polls; recording of number of
individuals waiting to vote at certain times
3-11-8-10 Precinct record to be made by poll clerks; contents
3-11-8-10.3 Electronic poll book; requirements; county election board responsible for care
and custody of electronic poll books when not in use
3-11-8-10.4 Requirements not applicable to counties that have adopted limited electronic
poll book use
3-11-8-10.5 Recording name of voters who sign poll list; requirements
3-11-8-11 Closing of polls; persons permitted to vote; extension of voting hours by order;
provisional ballots
3-11-8-11.3 Repealed
3-11-8-12 No adjournment or recess after opening of polls until closed
3-11-8-13 Restrictions on inspector, judge, or poll clerk of precinct after closing of polls
3-11-8-14 Reading of IC 3-14-4-7 to precinct election board; oath
3-11-8-15 Persons permitted at polls during elections; simulated elections
3-11-8-16 Only voters permitted near entrance to the polls
3-11-8-17 Number of voters to be admitted to polls at one time; inapplicability to vote
center counties
3-11-8-17.5 Use of electronic devices by voters in the polls; prohibitions
3-11-8-18 Voter may not converse or communicate in a loud or disruptive manner
3-11-8-18.5 Voter use of lists to aid voting; prohibition on electioneering
3-11-8-19 Approach and entry to chute; announcement of voter's name to challengers
3-11-8-20 Challenge of voter; reduction of challenge to affidavit form
3-11-8-21 Challenge of voter; challenger's affidavit
3-11-8-22 Repealed
3-11-8-22.1 Challenge of voter; provisional ballot
3-11-8-23 Challenge of voter; challenged voter's affidavit; when affidavit not required
3-11-8-23.5 Challenged voter casting provisional ballot; affidavit
3-11-8-24 Repealed
3-11-8-25 Repealed
3-11-8-25.1 Admittance of voter to polls; procedure; proof of identification; challenge of
voter; cancellation and reregistration of voter who has moved

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 3-11-8-25.2 Additional documentation before voting; procedure; use of provisional ballot
without documentation
3-11-8-25.3 Voter has moved to new address within same precinct; transfer of voter's
registration
3-11-8-25.5 Voter who leaves poll without casting ballot or after casting provisional ballot
3-11-8-25.7 Procedure for voting by member of the military or public safety officer called
to duty while waiting to vote
3-11-8-26 Repealed
3-11-8-26.1 Procedure for voter who cannot sign name and address or who has disability
related difficulty
3-11-8-27 Challenge of voter by precinct election board member
3-11-8-27.5 Challenged voter entitled to cast provisional ballot
3-11-8-28 Repealed
3-11-8-29 Poll list; precinct election board's copy
3-11-8-30 Poll list; return to circuit court clerk; preservation
3-11-8-31 Repealed
3-11-8-32 Repealed
3-11-8-33 Repealed

IC 3-11-8-0.1 Effect of certain amendments to chapter

Sec. 0.1. The amendments made to sections 2 and 6 of this chapter by P.L.4-1991 apply
to elections held after December 31, 1991.
As added by P.L.220-2011, SEC.13.

IC 3-11-8-1 Application of chapter

Sec. 1. This chapter applies to each precinct.
[1986 Recodification Citation: New.]
As added by P.L.5-1986, SEC.7.

IC 3-11-8-1.2 "Facility" and "accessible facility"; facility standards

Sec. 1.2. (a) As used in this section, "facility" refers to the facility in which a polling place
is located.
(b) For purposes of this chapter, a facility is an "accessible facility" for elderly voters and
voters with disabilities only if the following apply:
(1) The facility meets the standards for accessibility for elderly voters and voters with
disabilities established under 52 U.S.C. 20101 through 52 U.S.C. 20107.
(2) All the following are accessible to elderly voters and voters with disabilities in a
manner that provides the same opportunity for access and participation (including
privacy and independence) as for other voters:
(A) Parking spaces marked and available to conform with IC 5-16-9.
(B) The path to the facility that an individual must travel on the property where the
facility is located.
(C) The entrances of the facility to be used by voters.
(D) The paths of travel within the facility to the rooms or areas where the voting
systems are located.
(E) The rooms or areas in the facility where the voting systems are located.
(c) The requirements of subsection (b) are satisfied if a facility will comply with
subsection (b) by implementing temporary measures.
As added by P.L.116-2003, SEC.3. Amended by P.L.128-2015, SEC.174.

IC 3-11-8-2 Voting in precinct of residence

Sec. 2. A voter shall vote at the polls for the precinct where the voter resides except when
authorized to vote in another precinct under IC 3-10-10, IC 3-10-11, or IC 3-10-12.
[Pre-1986 Recodification Citations: 3-1-22-19 part; 3-1-23-18.]
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.107; P.L.4-1991, SEC.86;

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P.L.17-1993, SEC.13; P.L.12-1995, SEC.80; P.L.116-2003, SEC.4; P.L.225-2011, SEC.56.

IC 3-11-8-3 County executive secures voting polls; accessible facility;

inapplicability to vote center counties
Sec. 3. (a) This section does not apply to a county using vote centers under IC 3-11-18.1.
(b) Before each election each county executive shall secure for each precinct of the county
an accessible facility in which to hold the election.
(c) Unless the county election board adopts an order under IC 3-11-8-4.3, if an accessible
facility is not available within the precinct, then the polls may be located in another precinct
in the county if the polls are:
(1) either:
(A) not more than five (5) miles from the closest boundary of the precinct for which
it is the polls; or
(B) located in the same township as the precinct that does not have an accessible
facility available; and
(2) located in an accessible facility.
(d) If the county election board, by a unanimous vote of its entire membership, determines
that an accessible facility is not available under subsection (c), the board may locate the polls
in the most convenient available accessible facility in the county.
(e) If the county election board, by unanimous vote of its entire membership, determines
that:
(1) an accessible facility is not available under subsection (c) or (d); and
(2) the most convenient accessible facility is located in an adjoining county;
the board may locate the polls in the facility described in subdivision (2) with the unanimous
consent of the entire membership of the county election board of the county in which the
facility is located.
[Pre-1986 Recodification Citation: 3-1-23-17(b) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.251; P.L.3-1993, SEC.144;
P.L.1-1994, SEC.5; P.L.2-1996, SEC.183; P.L.3-1997, SEC.295; P.L.116-2003, SEC.5;
P.L.230-2005, SEC.52; P.L.258-2013, SEC.72; P.L.169-2015, SEC.108.

IC 3-11-8-3.1 Designation of polls

Sec. 3.1. (a) A county executive shall designate the polls for each precinct not less than
twenty-nine (29) days before election day.
(b) The designation of a polling place under this section remains in effect until:
(1) the location of the polling place is altered by an order of the county executive or
county election board under this chapter; or
(2) a precinct establishment order issued under IC 3-11-1.5:
(A) designates a new polling place location; or
(B) combines the existing precinct with another precinct established by the order.
As added by P.L.13-1988, SEC.8. Amended by P.L.4-1991, SEC.87; P.L.12-1995, SEC.81;
P.L.3-1997, SEC.296; P.L.116-2003, SEC.6; P.L.225-2011, SEC.57.

IC 3-11-8-3.2 Polls; notice of location; change of location; entry of location

into computerized system
Sec. 3.2. (a) A county election board shall give notice of the place of voting in each
precinct by publication in the manner prescribed by IC 5-3-1. The notice must state whether
the polls are located in an accessible facility.
(b) If it is necessary to change a place for voting after giving notice, notice of the change
shall be given in the same manner. However, except as provided in subsection (c), a change
may not be made within two (2) days before an election.
(c) If the county election board determines by a unanimous vote of the board's entire
membership that the use of a polling place at an election would be dangerous or impossible,

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the county election board may order the relocation of the polling place during the final two
(2) days before an election. The county election board shall give the best possible notice of
this change to news media and the voters of the precinct. If an order is adopted under this
subsection, the order expires after the election.
(d) The county election board shall enter the location of each polling place into the
computerized system and update the information as promptly as practical after any change
of location is made under this section.
As added by P.L.13-1988, SEC.9. Amended by P.L.3-1993, SEC.145; P.L.116-2003, SEC.7;
P.L.225-2011, SEC.58; P.L.278-2019, SEC.67; P.L.109-2021, SEC.25.

IC 3-11-8-3.4 County applications to Secretary of Health and Human

Services to make polling places accessible and provide
information to voters with disabilities
Sec. 3.4. (a) As authorized under 52 U.S.C. 21021, a county election board may apply on
behalf of a county to the Secretary of Health and Human Services for payments under HAVA
(52 U.S.C. 21021 through 52 U.S.C. 21025) to do the following:
(1) Make polling places (including the path of travel, entrances, exits, and voting areas
of each polling place) more accessible to individuals with disabilities, including the
blind and visually impaired, in a manner that provides the same opportunity for access
and participation (including privacy and independence) as other voters.
(2) Provide individuals with disabilities and other individuals described in subdivision
(1) with information about the accessibility of polling places, including outreach
programs to inform the individuals about the availability of accessible polling places
and training election officials, poll workers, and election volunteers on how best to
promote the access and participation of individuals with disabilities in elections.
(b) If a county election board submits an application under subsection (a), the application
must:
(1) comply with 52 U.S.C. 21023; and
(2) be filed with the election division not later than the submission of the application
under subsection (a).
(c) If a county election board receives payments from the Secretary of Health and Human
Services under 52 U.S.C. 21021 through 52 U.S.C. 21025, the payments shall be deposited
in the county general fund and appropriated to the county election board for the purposes
described in the application. The county election board shall spend the money for the
purposes described in the application.
(d) As required by 52 U.S.C. 21025, the county election board shall file a report with the
Secretary of Health and Human Services regarding the activities conducted with these funds
and the expenditures made with respect to the categories listed in subsection (a)(1) and
(a)(2). The county election board shall file a copy of the report with the election division and
the state board of accounts not later than the date the report is submitted under this
subsection.
As added by P.L.209-2003, SEC.128. Amended by P.L.128-2015, SEC.175.

IC 3-11-8-4 Public buildings to be available for holding election; conditions

for use of school buildings
Sec. 4. (a) School buildings, fire stations, and all other public buildings shall be made
available without charge to a county for holding an election. The county may not be required
to sign any agreement assuming liability as a precondition for use of the public building.
(b) If a school building of a school corporation is used as a polling place, the school
corporation may:
(1) conduct a virtual instruction day for students who attend school in the school
building; or
(2) conduct in-person instruction for students who attend the school in the school

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 building if:
(A) access to the polling place is secured from access to other areas of the school
building;
(B) public parking access is maintained; and
(C) access to the polling place and parking is in compliance with the federal
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
[Pre-1986 Recodification Citation: 3-1-23-17(b) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1997, SEC.297; P.L.108-2021, SEC.8.

IC 3-11-8-4.1 Location of polls; one place per precinct; inapplicability to vote

center counties
Sec. 4.1. (a) This section does not apply to a county using vote centers under
IC 3-11-18.1.
(b) The polls for each precinct may be located in only one (1) place.
As added by P.L.13-1988, SEC.10. Amended by P.L.258-2013, SEC.73.

IC 3-11-8-4.2 Repealed
As added by P.L.13-1988, SEC.11. Repealed by P.L.116-2003, SEC.11.

IC 3-11-8-4.3 Location of polls in adjoining precinct

Sec. 4.3. (a) If the county election board adopts an order by the unanimous vote of the
entire membership of the board, the county election board may locate the polls for the
precinct at the polls for an adjoining precinct, using the precinct election board of the
adjoining precinct.
(b) An order adopted under this section expires December 31 after the date the order was
adopted.
(c) If a precinct election board administers more than one (1) precinct under this section,
the board shall keep the ballots cast in each precinct separate from ballots cast in any other
precinct, so that the votes cast for each candidate and on each public question in each of the
precincts administered by the board may be determined.
As added by P.L.13-1988, SEC.12. Amended by P.L.5-1989, SEC.53; P.L.12-1995, SEC.82;
P.L.14-2004, SEC.115; P.L.230-2005, SEC.53; P.L.278-2019, SEC.68.

IC 3-11-8-5 Election not to be held in room where alcoholic beverages kept

or sold
Sec. 5. An election may not be held in a room in which alcoholic beverages are kept or
sold.
[Pre-1986 Recodification Citation: 3-1-23-17(b) part.]
As added by P.L.5-1986, SEC.7.

IC 3-11-8-6 Location of polls in accessible and secure facility

Sec. 6. (a) The county executive shall locate the polls for each precinct in an accessible
and secure facility.
(b) In locating the polls for a precinct, a county shall consider the relevant factors to
ensure the security of the location set forth in guidance provided by the secretary of state.
[Pre-1986 Recodification Citation: 3-1-23-17(a), (c).]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.252; P.L.10-1988, SEC.108;
P.L.4-1991, SEC.88; P.L.2-1996, SEC.184; P.L.3-1997, SEC.298; P.L.38-1999, SEC.42;
P.L.116-2003, SEC.8; P.L.225-2011, SEC.59; P.L.71-2019, SEC.11.

IC 3-11-8-6.3 Polls may not be located in facility in which polls or chute

contain a display visible to voter of political preference, party
allegiance, or pictures, photographs, or other likeness of

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 currently elected official
Sec. 6.3. (a) The polls may not be located in a structure on or in which is affixed any
display visible to a voter of political preference or party allegiance. Except as provided in
subsection (b), this section does not prohibit the location of the polls in a structure that
includes any pictures, photographs, or other likenesses of any currently elected federal, state,
county, or local official.
(b) The polls may not be located in a structure in which the polls or chute contain any
display visible to the voter of political preference or party allegiance, including any pictures,
photographs, or other likenesses of any currently elected federal, state, county, or local
official.
As added by P.L.194-2013, SEC.56. Amended by P.L.258-2013, SEC.74.

IC 3-11-8-6.5 Repealed
As added by P.L.116-2003, SEC.9. Repealed by P.L.225-2011, SEC.93.

IC 3-11-8-7 Preparation of polls for election

Sec. 7. In preparing the polls for an election, the county election board shall:
(1) have placed within the room a railing separating the part of the room to be occupied
by the precinct election board from that part of the room to be occupied by the ballot
card voting systems, electronic voting systems, and the three (3) or more booths or
compartments for marking paper ballots, whenever either or two (2) of these voting
systems are used;
(2) ensure that the portion of the room set apart for the precinct election board includes
a designated area before the voter approaches the precinct election board at which each
voter appears for challenge; and
(3) provide a method or material for designating the boundaries of the chute, such as
a railing, rope, or wire on each side, beginning a distance equal to the length of the
chute (as defined in IC 3-5-2-10) away from and leading to the door for entering the
room in which the election is held.
[Pre-1986 Recodification Citation: 3-1-23-17(b) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.253; P.L.69-2003, SEC.4;
P.L.221-2005, SEC.65; P.L.64-2014, SEC.44; P.L.74-2017, SEC.49; P.L.278-2019, SEC.69.

IC 3-11-8-7.5 Electronic poll books; seals

Sec. 7.5. (a) This section applies to a precinct in which an electronic poll book is used and
that contains a seal used in the manner described in IC 3-11-3-10.
(b) Before opening the polls, the inspector and the judge of the opposite political party
shall determine if the seal on each electronic poll book or container of a single electronic poll
book:
(1) is intact;
(2) shows no evidence of tampering; and
(3) bears the number indicated on the list provided to the inspector by the county
election board.
(c) The inspector and the judge shall certify if each electronic poll book seal complies
with subsection (b) by executing a form prescribed under IC 3-5-4-8.
(d) If the inspector or the judge determines that any electronic poll book seal does not
comply with subsection (b), the inspector or the judge shall immediately notify the county
election board.
As added by P.L.71-2019, SEC.12.

IC 3-11-8-8 Times for polls to be open; county election board or board of

elections and registration may not extend hours
Sec. 8. (a) The polls in each precinct open at 6 a.m. and close at 6 p.m. on election day.

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 (b) A county election board or a board of elections and registration does not have the
power to extend the hours that the polls are to be open in any precinct or vote center of the
county.
[Pre-1986 Recodification Citation: 3-1-23-30 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.278-2019, SEC.70.

IC 3-11-8-9 Proclamation of opening and closing of polls; recording of

number of individuals waiting to vote at certain times
Sec. 9. The inspector of each precinct shall do both of the following:
(1) Proclaim the opening and closing of the polls to the people outside the polls in a
loud tone of voice.
(2) Record the number of individuals who are waiting to vote, but have not yet signed
the poll list, as of each of the following times:
(A) The opening of the polls.
(B) 12:30 p.m. on election day.
(C) The closing of the polls.
The inspector shall record these numbers on a form prescribed under IC 3-5-4-8.
[Pre-1986 Recodification Citation: 3-1-23-30 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.157-2019, SEC.17.

IC 3-11-8-10 Precinct record to be made by poll clerks; contents

Sec. 10. The poll clerks of each precinct shall make a record of:
(1) the inspector's proclamation of the closing of the polls; and
(2) the time the proclamation was made.
The poll clerks shall enter the record required by this section on the tally papers. After the
record has been made no more voters may vote except as provided in section 11 of this
chapter.
[Pre-1986 Recodification Citation: 3-1-23-30 part.]
As added by P.L.5-1986, SEC.7.

IC 3-11-8-10.3 Electronic poll book; requirements; county election board

responsible for care and custody of electronic poll books when
not in use
Sec. 10.3. (a) A reference to an electronic poll list in a vote center plan adopted under
IC 3-11-18.1 before July 1, 2014, is considered to be a reference to an electronic poll book
(as defined by IC 3-5-2-20.5), unless otherwise expressly provided in the vote center plan.
(b) An electronic poll book must satisfy all of the following:
(1) An electronic poll book must be programmed so that the coordinated action of two
(2) election officers who are not members of the same political party is necessary to
access the electronic poll book.
(2) An electronic poll book may not be connected to a voting system. However, the
electronic poll book may be used in conjunction with a voting system if both of the
following apply:
(A) The electronic poll book contains a device that must be physically removed from
the electronic poll book by a person and the device is inserted into the voting system,
with no hardware or software connection existing between the electronic poll book
and the voting system.
(B) All data on the device is erased when the device is removed from the voting
system and before the device is reinserted into an electronic poll book.
(3) An electronic poll book may not permit access to voter information other than:
(A) information provided on the certified list of voters prepared under IC 3-7-29-1;
or
(B) information concerning any of the following received or issued after the

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 electronic poll list has been downloaded by the county election board under
IC 3-7-29-6:
(i) The county's receipt of an absentee ballot from the voter.
(ii) The county's receipt of additional documentation provided by the voter to the
county voter registration office.
(iii) The county's issuance of a certificate of error.
An electronic poll book may not display whether a voter's registration record is in
active or inactive status.
(4) The information contained on an electronic poll book must be secure and placed on
a dedicated, private server to secure connectivity between a precinct polling place or
satellite absentee office and the county election board. The electronic poll book must
have the capability of:
(A) storing (in external or internal memory) the current local version of the electronic
poll list; and
(B) producing a list of audit records that reflect all of the idiosyncrasies of the
system, including in-process audit records that set forth all transactions.
(5) The electronic poll book must permit a poll clerk to enter information regarding an
individual who has appeared to vote to verify whether the individual is eligible to vote,
and if so, whether the voter has:
(A) already received a ballot at the election;
(B) returned an absentee ballot; or
(C) submitted any additional documentation required under IC 3-7-33-4.5.
(6) After the voter has been provided with a ballot, the electronic poll book must permit
a poll clerk to enter information indicating that the voter has received a ballot.
(7) The electronic poll book must transmit the information in subdivision (6) to the
county server so that:
(A) the server may transmit the information immediately to every other polling place
or satellite absentee office in the county; or
(B) the server makes the information immediately available to every other polling
place or satellite office in the county.
(8) The electronic poll book must permit reports to be:
(A) generated by a county election board for a watcher appointed under IC 3-6-8 at
any time during election day; and
(B) electronically transmitted by the county election board to a political party or
independent candidate who has appointed a watcher under IC 3-6-8.
(9) On each day after absentee ballots are cast before an absentee voter board in the
circuit court clerk's office, a satellite office, or a vote center, and after election day, the
electronic poll book must permit voter history to be quickly and accurately uploaded
into the computerized list (as defined in IC 3-7-26.3-2).
(10) The electronic poll book must be able to display an electronic image of the
signature of a voter taken from:
(A) the voter's registration application; or
(B) a more recent signature of a voter from an absentee application, poll list,
electronic poll book, or registration document.
(11) The electronic poll book must be used with a signature pad, tablet, or other
signature capturing device that permits the voter to make an electronic signature for
comparison with the signature displayed under subdivision (10). An image of the
electronic signature made by the voter on the signature pad, tablet, or other signature
capturing device must be retained and identified as the signature of the voter for the
period required for retention under IC 3-10-1-31.1.
(12) The electronic poll book must include a bar code capturing device that:
(A) permits a voter who presents an Indiana driver's license or a state identification
card issued under IC 9-24-16 to scan the license or card through the bar code reader

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 or tablet; and
(B) has the capability to display the voter's registration record upon processing the
information contained within the bar code on the license or card.
(13) A printer separate from the electronic poll book used in a vote center county may
be programmed to print on the back of a ballot card, immediately before the ballot card
is delivered to the voter, the printed initials of the poll clerks captured through the
electronic signature pad or tablet at the time the poll clerks log into the electronic poll
book system.
(14) The electronic poll book must be compatible with:
(A) any hardware attached to the electronic poll book, such as signature capturing
devices, bar code capturing devices, and network cards;
(B) the statewide voter registration system; and
(C) any software system used to prepare voter information to be included on the
electronic poll book.
(15) The electronic poll book must have the ability to be used in conformity with this
title for:
(A) any type of election conducted in Indiana; or
(B) any combination of elections held concurrently with a general election, municipal
election, primary election, or special election.
(16) The procedures for setting up, using, and shutting down an electronic poll book
must be reasonably easy for a precinct election officer to learn, understand, and
perform. A vendor shall provide sufficient training to election officials and poll
workers to completely familiarize them with the operations essential for carrying out
election activities. A vendor shall provide an assessment of learning goals achieved by
the training in consultation with VSTOP (as described in IC 3-11-18.1-12).
(17) The electronic poll book must enable a precinct election officer to verify that the
electronic poll book:
(A) has been set up correctly;
(B) is working correctly so as to verify the eligibility of the voter;
(C) is correctly recording that a voter received a ballot; and
(D) has been shut down correctly.
(18) The electronic poll book must include the following documentation:
(A) Plainly worded, complete, and detailed instructions sufficient for a precinct
election officer to set up, use, and shut down the electronic poll book.
(B) Training materials that:
(i) may be in written or video form; and
(ii) must be in a format suitable for use at a polling place, such as simple "how to"
guides.
(C) Failsafe data recovery procedures for information included in the electronic poll
book.
(D) Usability tests:
(i) that are conducted by the manufacturer of the electronic poll book or an
independent testing facility using individuals who are representative of the general
public;
(ii) that include the setting up, using, and shutting down of the electronic poll
book; and
(iii) that report their results using industry standard reporting formats.
(E) A clear model of the electronic poll book system architecture and the following
documentation:
(i) End user documentation.
(ii) System-level and administrator level documentation.
(iii) Developer documentation.
(F) Detailed information concerning:

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 (i) electronic poll book consumables; and
(ii) the vendor's supply chain for those consumables.
(G) Vendor internal quality assurance procedures and any internal or external test
data and reports available to the vendor concerning the electronic poll book.
(H) Repair and maintenance policies for the electronic poll book.
(I) As of the date of the vendor's application for approval of the electronic poll book
by the secretary of state as required by IC 3-11-18.1-12, the following:
(i) A list of customers who are using or have previously used the vendor's
electronic poll book.
(ii) A description of any known anomalies involving the functioning of the
electronic poll book, including how those anomalies were resolved.
(J) Information concerning batteries used in the electronic poll book, including the
following:
(i) A list of all batteries to be used in the electronic poll book and any peripherals.
(ii) The expected life span of each battery.
(iii) A log documenting when each battery was installed or subsequently replaced.
(iv) A schedule for the replacement of each battery not later than thirty (30) days
before the end of the expected life span of each battery.
(v) Plans to test batteries before each election.
(vi) Plans for the emergency replacement of batteries that fail on election day or
during the thirty (30) days before election day.
(19) The electronic poll book and any hardware attached to the electronic poll book
must be designed to prevent injury or damage to any individual or the hardware,
including fire and electrical hazards.
(20) The electronic poll book must demonstrate that it correctly processes all activity
regarding each voter registration record, including the use, alteration, storage, receipt,
and transmittal of information that is part of the record. Compliance with this
subdivision requires the mapping of the data life cycle of the voter registration record
as processed by the electronic poll book.
(21) The electronic poll book must successfully perform in accordance with all
representations concerning functionality, usability, security, accessibility, and
sustainability made in the vendor's application for approval of the electronic poll book
by the secretary of state as required by IC 3-11-18.1-12.
(22) The electronic poll book must have the capacity to transmit all information
generated by the voter or poll clerk as part of the process of casting a ballot, including
the time and date stamp indicating when the voter signed the electronic poll book, and
the electronic signature of the voter, for retention on the dedicated private server
approved by the county election board for the period required by Indiana and federal
law.
(23) The electronic poll book must:
(A) permit a voter to check in and sign the electronic poll book even when there is
a temporary interruption in connectivity to the Internet; and
(B) provide for the uploading of each signature so that the signature may be assigned
to the voter's registration record.
(24) The electronic poll book must have the capacity, for each voter who appears on
the electronic poll list, to transmit information that a voter cast a provisional ballot:
(A) from the electronic poll book to the dedicated private server; and
(B) from the dedicated private server to the voter's record in the statewide voter
registration system.
This functionality may not be disabled.
(c) The county election board is responsible for the care and custody of all electronic poll
books while not in use.
(d) The county election board is responsible for ensuring that all electronic poll books are

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dedicated devices to be used only for their intended purpose and for no other activity.
Software that is not needed for the essential purpose of running the electronic poll book may
not be installed on an electronic poll book.
As added by P.L.1-2011, SEC.2. Amended by P.L.271-2013, SEC.17; P.L.258-2013,
SEC.75; P.L.219-2013, SEC.40; P.L.2-2014, SEC.5; P.L.55-2014, SEC.3; P.L.64-2014,
SEC.45; P.L.76-2014, SEC.36; P.L.169-2015, SEC.109; P.L.149-2016, SEC.8;
P.L.100-2018, SEC.5; P.L.71-2019, SEC.13; P.L.135-2020, SEC.3; P.L.193-2021, SEC.40;
P.L.115-2022, SEC.5.

IC 3-11-8-10.4 Requirements not applicable to counties that have adopted

limited electronic poll book use
Sec. 10.4. (a) This section applies to a county if the county election board has adopted an
order under IC 3-7-29-6(a)(2) for the use of electronic poll books only at an office of the
circuit court clerk and satellite offices established under IC 3-11-10-26.3.
(b) Notwithstanding section 10.3 of this chapter, the county election board is not required
to do either of the following:
(1) Transmit information electronically from electronic poll books to precincts on
election day.
(2) Generate reports for watchers, political parties, or independent candidates for
election day.
As added by P.L.169-2015, SEC.110.

IC 3-11-8-10.5 Recording name of voters who sign poll list; requirements

Sec. 10.5. A poll clerk may record the names of individuals who have signed the poll list
and make that record available to a watcher or pollbook holder who requests the information.
However, the poll clerk must ensure that:
(1) a voter is not delayed in casting the voter's votes as a result of the preparation of the
record, or by providing the information; and
(2) the poll clerk does not engage in electioneering (as defined under IC 3-14-3-16) in
providing this information.
As added by P.L.9-2004, SEC.18.

IC 3-11-8-11 Closing of polls; persons permitted to vote; extension of voting

hours by order; provisional ballots
Sec. 11. (a) When the hour for closing the polls occurs, the precinct election board shall
permit all voters who:
(1) are waiting to announce their names to the poll clerks for the purpose of signing the
poll list and have been identified using one (1) of the methods described in subsection
(b);
(2) have signed the poll list but who have not voted; or
(3) are in the act of voting;
to vote.
(b) At the time described in subsection (a), an individual precinct election official
designated by the county election board shall:
(1) determine the end of the line of voters who are waiting to vote; and
(2) use one (1) of the following methods to identify the voters in the line who may vote
if otherwise qualified to vote according to law:
(A) Write down the name of each voter.
(B) Stamp each voter's hand.
(C) Stand, or designate another individual to stand, immediately behind the last voter
who may vote.
(c) This subsection applies if a court order (or other order) has been issued to extend the
hours that the polls are open under section 8 of this chapter. As provided in 52 U.S.C. 21082,

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the inspector shall identify the voters who would not otherwise be eligible to vote after the
closing of the polls under subsection (a) and shall provide a provisional ballot to the voters
in accordance with IC 3-11.7.
[Pre-1986 Recodification Citation: 3-1-23-30 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.209-2003, SEC.129; P.L.221-2005,
SEC.66; P.L.128-2015, SEC.176; P.L.169-2015, SEC.111; P.L.74-2017, SEC.50.

IC 3-11-8-11.3 Repealed
As added by P.L.5-1986, SEC.7. Repealed by P.L.3-1987, SEC.570.

IC 3-11-8-12 No adjournment or recess after opening of polls until closed

Sec. 12. After the opening of the polls, there may be no adjournment or recess until after
the polls have been closed and the inspector is ready to leave with the ballot box and other
documents and papers to be delivered to the circuit court clerk.
[Pre-1986 Recodification Citation: 3-1-5-14.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.254.

IC 3-11-8-13 Restrictions on inspector, judge, or poll clerk of precinct after

closing of polls
Sec. 13. An inspector, judge, or poll clerk of a precinct may not vote after the polls have
closed nor make a statement concerning the result of the election before the closing of the
polls.
[Pre-1986 Recodification Citation: 3-1-5-13.]
As added by P.L.5-1986, SEC.7.

IC 3-11-8-14 Reading of IC 3-14-4-7 to precinct election board; oath

Sec. 14. At the opening of the polls, the inspector of each precinct shall read IC 3-14-4-7
to the precinct election board. Each member of the board shall take an oath that the member
has not violated and will not violate IC 3-14-4-7.
[Pre-1986 Recodification Citation: 3-1-32-29.]
As added by P.L.5-1986, SEC.7.

IC 3-11-8-15 Persons permitted at polls during elections; simulated elections

Sec. 15. (a) Only the following persons are permitted in the polls during an election:
(1) Members of a precinct election board.
(2) Poll clerks and assistant poll clerks.
(3) Election sheriffs.
(4) Deputy election commissioners.
(5) Pollbook holders and challengers.
(6) Watchers.
(7) Voters for the purposes of voting.
(8) Minor children accompanying voters as provided under IC 3-11-11-8.
(9) An assistant to a precinct election officer appointed under IC 3-6-6-39.
(10) An individual authorized to assist a voter in accordance with IC 3-11-9.
(11) A member of a county election board, acting on behalf of the board.
(12) A technician authorized to act on behalf of a county election board to repair a
voting system (if the technician bears credentials signed by each member of the board).
(13) Either of the following who have been issued credentials signed by the members
of the county election board:
(A) The county chairman of a political party.
(B) The county vice chairman of a political party.
However, a county chairman or a county vice chairman who is a candidate for
nomination or election to office at the election may not enter the polls under this

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 subdivision.
(14) The secretary of state, as chief election officer of the state, unless the individual
serving as secretary of state is a candidate for nomination or election to an office at the
election.
(b) Except for an individual described in subsection (a)(8) or (a)(10), an individual must
be a citizen of the United States to be permitted in the polls during an election.
(c) The secretary of state may exempt an individual from the requirement to be a United
States citizen.
(d) This subsection applies to a simulated election for minors conducted with the
authorization of the county election board. An individual participating in the simulated
election may be in the polls for the purpose of voting. A person supervising the simulated
election may be in the polls to perform the supervision.
(e) The inspector of a precinct has authority over all simulated election activities
conducted under subsection (d) and shall ensure that the simulated election activities do not
interfere with the election conducted in that polling place.
[Pre-1986 Recodification Citation: 3-1-23-24.]
As added by P.L.5-1986, SEC.7. Amended by P.L.4-1991, SEC.89; P.L.3-1993, SEC.146;
P.L.38-1999, SEC.43; P.L.66-2003, SEC.40; P.L.209-2003, SEC.130; P.L.97-2004, SEC.8;
P.L.14-2004, SEC.116; P.L.230-2005, SEC.54; P.L.194-2013, SEC.57; P.L.193-2021,
SEC.41; P.L.227-2023, SEC.80.

IC 3-11-8-16 Only voters permitted near entrance to the polls

Sec. 16. A person may not remain within a distance equal to the length of the chute (as
defined in IC 3-5-2-10) of the entrance to the polls except for the purpose of offering to vote.
[Pre-1986 Recodification Citation: 3-1-23-19(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1993, SEC.147; P.L.3-1997, SEC.299;
P.L.2-1998, SEC.7; P.L.38-1999, SEC.44; P.L.69-2003, SEC.5; P.L.230-2005, SEC.55.

IC 3-11-8-17 Number of voters to be admitted to polls at one time;

inapplicability to vote center counties
Sec. 17. (a) This section does not apply to a county using vote centers under IC 3-11-18.1.
(b) In a precinct, as many voters may be admitted to the polls at one (1) time for the
purpose of voting as there are stations for voting in the polls.
[Pre-1986 Recodification Citation: 3-1-23-25.]
As added by P.L.5-1986, SEC.7. Amended by P.L.258-2013, SEC.76.

IC 3-11-8-17.5 Use of electronic devices by voters in the polls; prohibitions

Sec. 17.5. (a) Voters may use cellular telephones or other electronic devices in the polls
as long as electioneering or loud or disruptive conversations do not occur.
(b) A voter may not do the following:
(1) Take a digital image or photograph of the voter's ballot while the voter is in a
polling place, an office of the circuit court clerk (under IC 3-11-10-26), a satellite
office established under IC 3-11-10-26.3, or a vote center established under
IC 3-11-18.1-4, except to document and report to a precinct election officer, the county
election board, or the election division a problem with the functioning of the voting
system.
(2) Distribute or share the image described in subdivision (1) using social media or by
any other means.
As added by P.L.169-2015, SEC.112.

IC 3-11-8-18 Voter may not converse or communicate in a loud or disruptive

manner
Sec. 18. A voter or person offering to vote may not converse or communicate in a loud

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or disruptive manner while at the polls.
[Pre-1986 Recodification Citation: 3-1-23-26 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.169-2015, SEC.113.

IC 3-11-8-18.5 Voter use of lists to aid voting; prohibition on electioneering

Sec. 18.5. A voter may bring into the polling place a list of candidates and public
questions for the voter's use in voting, including a list stored on a cellular telephone or similar
electronic device, as long as electioneering does not occur.
As added by P.L.169-2015, SEC.114.

IC 3-11-8-19 Approach and entry to chute; announcement of voter's name

to challengers
Sec. 19. Voters shall approach and enter the chute in the order in which they appear for
the purpose of voting. After entering the polls, the voter shall proceed to the designated area
for challengers. A voter shall immediately announce the voter's full and true name to the
challengers.
[Pre-1986 Recodification Citations: 3-1-23-17(b) part; 3-1-23-19(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.64-2014, SEC.47.

IC 3-11-8-20 Challenge of voter; reduction of challenge to affidavit form

Sec. 20. If a voter offering to vote is challenged by a challenger or by a member of the
precinct election board, the person challenging the voter shall reduce the challenge to
affidavit form, setting forth succinctly the reasons for the challenge.
[Pre-1986 Recodification Citation: 3-1-23-19(a) part.]
As added by P.L.5-1986, SEC.7.

IC 3-11-8-21 Challenge of voter; challenger's affidavit

Sec. 21. The affidavit of challenge prescribed by section 20 of this chapter must set forth
under oath or affirmation the following:
(1) The name of the challenger.
(2) The name of the person being challenged.
(3) The reasons the challenger believes the person being challenged is not a legal voter
in the precinct.
(4) The source of the information provided under subdivision (3).
(5) A statement that the challenger understands that making a false statement on the
affidavit is punishable under the penalties of perjury.
[Pre-1986 Recodification Citation: 3-1-23-19(b) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.103.

IC 3-11-8-22 Repealed
[Pre-1986 Recodification Citation: 3-1-23-19(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.109; P.L.4-1991, SEC.90;
P.L.17-1993, SEC.14; P.L.12-1995, SEC.83; P.L.126-2002, SEC.59; P.L.209-2003,
SEC.131. Repealed by P.L.164-2006, SEC.142.

IC 3-11-8-22.1 Challenge of voter; provisional ballot

Sec. 22.1. (a) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the precinct; and
(2) who produces a certificate of error issued under IC 3-7-48-1.
If the voter is not challenged under IC 3-10-1 or this chapter, the voter shall be provided with
a regular official ballot. However, as provided by IC 3-7-48-1(b), if the voter is challenged
under IC 3-10-1 or this chapter, the voter must cast a provisional ballot after complying with
IC 3-7-48-7.5 if the voter wishes to cast a ballot.

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 (b) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the precinct; and
(2) who makes an oral or a written affirmation in compliance with IC 3-7-48-5 that the
voter continues to reside in the precinct at the address shown as the voter's former
residence in the voter registration record.
If the voter is not challenged under IC 3-10-1 or this chapter, the voter shall be provided with
a regular official ballot. However, as provided by IC 3-7-48-7.5, if the voter is challenged
under IC 3-10-1 or this chapter, the voter must cast a provisional ballot after complying with
IC 3-7-48-7.5 if the voter wishes to cast a ballot.
(c) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the precinct; and
(2) who produces a registration receipt that complies with IC 3-7-48-7.
If the county election board provides the precinct election board with the information
required under IC 3-7-48-7(a)(2) and the voter is not challenged under IC 3-10-1 or this
chapter, the voter shall be provided with a regular official ballot. However, as provided by
IC 3-7-48-7.5, if the voter is challenged under IC 3-10-1 or this chapter, the voter must cast
a provisional ballot after complying with IC 3-7-48-7.5 if the voter wishes to cast a ballot.
(d) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the precinct; and
(2) who is not described by subsection (a), (b), or (c).
If the voter is challenged under IC 3-10-1 or this chapter, the voter shall be provided with a
provisional ballot under IC 3-11.7 instead of a regular official ballot if the voter wishes to
cast a ballot. The voter may proceed to cast a provisional ballot after executing a challenged
voter's affidavit under section 23 of this chapter if the voter wishes to cast a ballot.
(e) This subsection applies to a voter:
(1) whose name appears on the poll list for the precinct; and
(2) who no longer resides in the precinct but is entitled to vote at the precinct under
IC 3-10-10, IC 3-10-11, or IC 3-10-12.
If the voter executes an affidavit in compliance with IC 3-10-10, IC 3-10-11, or IC 3-10-12
and the voter is not challenged under IC 3-10-1 or this chapter, the voter shall be provided
with a regular official ballot. However, as provided by IC 3-10-10-9, IC 3-10-11-4.5, or
IC 3-10-12-5, if the voter is challenged under IC 3-10-1 or this chapter, the voter must cast
a provisional ballot if the voter wishes to cast a ballot.
(f) This subsection applies to a voter:
(1) whose name appears on the poll list for the precinct; and
(2) who is not described in subsection (e).
If the voter is challenged under IC 3-10-1 or this chapter, the voter shall be provided with a
provisional ballot under IC 3-11.7 rather than a regular official ballot if the voter wishes to
cast a vote. The voter may proceed to cast a provisional ballot after executing a challenged
voter's affidavit under section 23 of this chapter if the voter wishes to cast a ballot.
As added by P.L.164-2006, SEC.97.

IC 3-11-8-23 Challenge of voter; challenged voter's affidavit; when affidavit

not required
Sec. 23. (a) If a challenged voter has already made an affirmation or executed an affidavit
under IC 3-7-48-7.5, IC 3-10-10-9, IC 3-10-11-4.5, or IC 3-10-12-5, the challenged voter is
not required to execute an additional affidavit under this section.
(b) The affidavit of a challenged voter required by section 22.1 of this chapter must be
sworn and affirmed and must contain the following:
(1) A statement that the voter is a citizen of the United States.
(2) The voter's date of birth to the best of the voter's information and belief.
(3) A statement that the voter has been a resident of the precinct for thirty (30) days
immediately before this election or is qualified to vote in the precinct under IC 3-10-10,

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 IC 3-10-11, or IC 3-10-12.
(4) The voter's name and a statement that the voter is generally known by that name.
(5) A statement that the voter has not voted and will not vote in any other precinct in
this election.
(6) The voter's current residential address, including the street or number, and if
applicable, the voter's residential address thirty (30) days before the election, and the
date the voter moved.
(7) If applicable, that, when the voter was challenged to present proof of identification
or an additional document to confirm the voter's identity and current residence, the
voter presented proof of identification or the additional documentation that complied
with IC 3-5-2-40.5 or IC 3-7-33-4.5.
(8) A statement that the voter understands that making a false statement on the affidavit
is punishable under the penalties of perjury.
(9) If the individual's name does not appear on the registration list, a statement that the
individual registered to vote and where the individual believes the individual registered
to vote during the registration period described by IC 3-7-13-10.
[Pre-1986 Recodification Citation: 3-1-23-19(b) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.255; P.L.10-1988, SEC.110;
P.L.4-1991, SEC.91; P.L.17-1993, SEC.15; P.L.12-1995, SEC.84; P.L.3-1995, SEC.104;
P.L.126-2002, SEC.60; P.L.209-2003, SEC.132; P.L.164-2006, SEC.98; P.L.219-2013,
SEC.41; P.L.64-2014, SEC.48.

IC 3-11-8-23.5 Challenged voter casting provisional ballot; affidavit

Sec. 23.5. In accordance with 52 U.S.C. 21082, a voter challenged under section 21 of
this chapter is entitled to cast a provisional ballot under IC 3-11.7 after executing the
affidavit under section 23 of this chapter.
As added by P.L.209-2003, SEC.133. Amended by P.L.164-2006, SEC.99; P.L.128-2015,
SEC.177.

IC 3-11-8-24 Repealed
[Pre-1986 Recodification Citation: 3-1-23-19(b) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.111. Repealed by
P.L.4-1991, SEC.147.

IC 3-11-8-25 Repealed
[Pre-1986 Recodification Citation: 3-1-23-20(a).]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.256; P.L.5-1989, SEC.54;
P.L.7-1990, SEC.48; P.L.1-1991, SEC.5; P.L.12-1995, SEC.85; P.L.199-2001, SEC.21;
P.L.209-2003, SEC.134; P.L.109-2005, SEC.3. Repealed by P.L.164-2006, SEC.143.

IC 3-11-8-25.1 Admittance of voter to polls; procedure; proof of

identification; challenge of voter; cancellation and
reregistration of voter who has moved
Sec. 25.1. (a) Except as provided in subsection (e), a voter who desires to vote an official
ballot at an election shall provide proof of identification.
(b) Except as provided in subsection (e), before the voter proceeds to vote in the election,
a precinct election officer shall ask the voter to provide proof of identification. One (1) of
each of the precinct election officers nominated by each county chairman of a major political
party of the county under IC 3-6-6-8 or IC 3-6-6-9 is entitled to ask the voter to provide proof
of identification. The voter shall produce the proof of identification to each precinct officer
requesting the proof of identification before being permitted to sign the poll list.
(c) If:
(1) the voter is unable or declines to present the proof of identification; or

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 (2) a member of the precinct election board determines that the proof of identification
provided by the voter does not qualify as proof of identification under IC 3-5-2-40.5;
a member of the precinct election board shall challenge the voter as prescribed by this
chapter.
(d) If the voter executes a challenged voter's affidavit under section 22.1 of this chapter,
the voter shall:
(1) sign the poll list; and
(2) receive a provisional ballot.
(e) A voter who votes in person at a precinct polling place, vote center, or satellite office
established under IC 3-11-10-26.3 that is located at a state licensed care facility where the
voter resides is not required to provide proof of identification before voting in an election.
(f) After a voter has passed the challengers or has been sworn in, the voter shall be
instructed by a member of the precinct election board to proceed to the location where the
poll clerks are stationed. In a vote center county using an electronic poll list, two (2) election
officers who are not members of the same political party must be present when a voter signs
in on the electronic poll list. The voter shall announce the voter's name to the poll clerks or
assistant poll clerks. A poll clerk, an assistant poll clerk, or a member of the precinct election
board shall require the voter to write the following on the poll list or to provide the following
information for entry into the electronic poll list:
(1) The voter's name.
(2) Except as provided in subsection (k), the voter's current residence address.
(g) The poll clerk, an assistant poll clerk, or a member of the precinct election board shall:
(1) ask the voter to provide or update the voter's voter identification number;
(2) tell the voter the number the voter may use as a voter identification number; and
(3) explain to the voter that the voter is not required to provide or update a voter
identification number at the polls.
(h) The poll clerk, an assistant poll clerk, or a member of the precinct election board shall
ask the voter to provide proof of identification.
(i) In case of doubt concerning a voter's identity, the precinct election board shall compare
the voter's signature with the signature on the voter's registration record provided by the
county voter registration office under IC 3-7-29. If the board determines that the voter's
signature is authentic, the voter may then vote. If either poll clerk doubts the voter's identity
following comparison of the signatures, the poll clerk shall challenge the voter in the manner
prescribed by section 21 of this chapter.
(j) If:
(1) the poll clerk does not execute a challenger's affidavit; or
(2) the voter executes a challenged voter's affidavit under section 22.1 of this chapter
or executed the affidavit before signing the poll list;
the voter may then vote.
(k) The electronic poll book (or each line on a poll list sheet provided to take a voter's
current address) must include a box under the heading "Address Unchanged". A voter whose
address is unchanged shall check the box instead of writing the voter's current address on the
poll list, or if an electronic poll book is used, the poll clerk shall check the box after stating
to the voter the address shown on the electronic poll book and receiving an oral affirmation
from the voter that the voter's residence address shown on the poll list is the voter's current
residence address instead of writing the voter's current residence address on the poll list or
reentering the address in the electronic poll book.
(l) If the voter indicates that the voter's current residence is located within another county
in Indiana, the voter is considered to have directed the county voter registration office of the
county where the precinct is located to cancel the voter registration record within the county.
The precinct election board shall provide the voter with a voter registration application for
the voter to complete and file with the county voter registration office of the county where
the voter's current residence address is located.

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 (m) If the voter indicates that the voter's current residence is located outside Indiana, the
voter is considered to have directed the county voter registration office of the county where
the precinct is located to cancel the voter registration record within the county.
As added by P.L.209-2003, SEC.135. Amended by P.L.2-2004, SEC.3; P.L.109-2005,
SEC.4; P.L.164-2006, SEC.100; P.L.53-2009, SEC.2; P.L.219-2013, SEC.45; P.L.55-2014,
SEC.4; P.L.64-2014, SEC.49; P.L.76-2014, SEC.37; P.L.109-2015, SEC.1; P.L.169-2015,
SEC.115; P.L.74-2017, SEC.51; P.L.157-2019, SEC.18.

IC 3-11-8-25.2 Additional documentation before voting; procedure; use of

provisional ballot without documentation
Sec. 25.2. (a) The poll clerk or assistant poll clerk shall examine the list provided under
IC 3-7-29-1 to determine if the county election board has indicated that the voter is required
to provide additional personal identification under 52 U.S.C. 21083 and IC 3-7-33-4.5 before
voting in person. If the list indicates that the voter is required to present this identification
before voting in person, the poll clerk shall advise the voter that the voter must present, in
addition to the proof of identification required by section 25.1(a) of this chapter, a piece of
identification described in subsection (b) to the poll clerk.
(b) As required by 52 U.S.C. 21083, and in addition to the proof of identification required
by section 25.1(a) of this chapter, a voter described by IC 3-7-33-4.5 who has not complied
with IC 3-7-33-4.5 before appearing at the polls on election day must present one (1) of the
following documents to the poll clerk:
(1) A current and valid photo identification.
(2) A current utility bill.
(3) A current bank statement.
(4) A current government check.
(5) A current paycheck.
(6) A current government document.
The document presented by the voter must show the name and residence address of the voter.
(c) If a voter presents a document under subsection (b), the poll clerk shall add a notation
to the list indicating the type of document presented by the voter. The election division shall
prescribe a standardized coding system to classify documents presented under this subsection
for entry into the county voter registration system.
(d) If a voter required to present documentation under subsection (b) is unable to present
the documentation to the poll clerk while present in the polls, the poll clerk shall notify the
precinct election board. The board shall provide a provisional ballot to the voter under
IC 3-11.7-2.
(e) The precinct election board shall advise the voter, both orally and in writing, that the
voter may file a copy of the documentation with the county voter registration office to permit
the provisional ballot to be counted under IC 3-11.7. The election division shall prescribe the
form of the explanation required by this subsection.
As added by P.L.14-2004, SEC.117. Amended by P.L.109-2005, SEC.5; P.L.164-2006,
SEC.101; P.L.128-2015, SEC.178; P.L.157-2019, SEC.19; P.L.278-2019, SEC.71;
P.L.193-2021, SEC.42; P.L.115-2022, SEC.6.

IC 3-11-8-25.3 Voter has moved to new address within same precinct; transfer
of voter's registration
Sec. 25.3. If the voter makes:
(1) a written affirmation on the poll list that the voter resides at an address that is within
the same precinct, but not at the address shown on the poll list for the precinct; or
(2) an oral affirmation of a change of address under IC 3-7-39-7;
the county election board shall direct the county voter registration office to transfer the
individual's voter registration record to the address within the precinct indicated by the voter.
As added by P.L.219-2013, SEC.46.

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IC 3-11-8-25.5 Voter who leaves poll without casting ballot or after casting
provisional ballot
Sec. 25.5. If an individual signs the individual's name and either:
(1) signs the individual's address; or
(2) checks the "Address Unchanged" box;
on the poll list or provides the information for entry by the poll clerk into the electronic poll
list under section 25.1 of this chapter and then leaves the polls without casting a ballot or
after casting a provisional ballot, the voter may not be permitted to reenter the polls to cast
a ballot at the election.
As added by P.L.3-1997, SEC.300. Amended by P.L.209-2003, SEC.136; P.L.2-2004,
SEC.4; P.L.109-2005, SEC.6; P.L.164-2006, SEC.102; P.L.271-2013, SEC.19.

IC 3-11-8-25.7 Procedure for voting by member of the military or public

safety officer called to duty while waiting to vote
Sec. 25.7. (a) This section applies only to a voter who is a member of the military or
public safety officer.
(b) Notwithstanding section 25.5 of this chapter, if a voter signs the voter's name and
either:
(1) writes the voter's address; or
(2) checks the "Address Unchanged" box;
on the poll list or provides the information for entry by the poll clerk into the electronic poll
list under section 25.1 of this chapter and then leaves the polls without casting a ballot or
after casting a provisional ballot, the voter may reenter the polls to cast a ballot at the election
as provided in this section.
(c) A voter who leaves the polls to respond to an emergency in the voter's capacity as a
member of the military or public safety officer must notify a precinct election officer that the
voter is leaving the polls to respond to an emergency in the voter's capacity as a member of
the military or public safety officer.
(d) A poll clerk or assistant poll clerk shall make a notation on the poll list with the voter's
name indicating that the voter has left the polls as permitted by this section and the time the
voter left the polls.
(e) If the voter returns to the polls, the voter shall be permitted to vote if the voter
executes an affidavit stating all of the following:
(1) The name of the voter.
(2) That the voter is a member of the military or public safety officer.
(3) The military or public safety position the voter holds.
(4) That after the voter signed the poll list, but before the voter voted, the voter was
called to respond to an emergency in the voter's capacity as a member of the military
or public safety officer.
(5) A brief description of the emergency to which the voter responded.
(6) The time at which the voter returned to the polls.
(f) The election division shall prescribe the form of the affidavit required by this section.
As added by P.L.120-2009, SEC.7. Amended by P.L.271-2013, SEC.20; P.L.169-2015,
SEC.116.

IC 3-11-8-26 Repealed
[Pre-1986 Recodification Citation: 3-1-23-20(d).]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.257; P.L.1-1990, SEC.9;
P.L.4-1991, SEC.92; P.L.199-2001, SEC.22; P.L.209-2003, SEC.137; P.L.14-2004,
SEC.118. Repealed by P.L.164-2006, SEC.143.

IC 3-11-8-26.1 Procedure for voter who cannot sign name and address or who
has disability related difficulty

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 Sec. 26.1. (a) If a voter:
(1) cannot sign; or
(2) is a voter with a disability that makes it difficult for the voter to sign;
the voter's name and address, the poll clerks shall, by proper interrogation, satisfy themselves
that the voter is the person the voter represents the voter to be.
(b) If satisfied as to the voter's identity under subsection (a), one (1) of the poll clerks
shall then place the following on the poll list or enter the information into the electronic poll
book:
(1) The voter's name.
(2) Except as provided in subsection (e), the voter's current residence address.
(c) The poll clerks shall:
(1) ask the voter to provide or update the voter's voter identification number;
(2) tell the voter the number the voter may use as a voter identification number; and
(3) explain to the voter that the voter is not required to provide or update a voter
identification number at the polls.
(d) The poll clerk shall then add the clerk's initials in parentheses, after or under the
signature. The voter then may vote.
(e) The poll list (or each line on a poll list sheet provided to take a voter's current
residence address) must include a box under the heading "Address Unchanged" so that the
voter may check the box instead of writing the voter's current address on the poll list, or if
an electronic poll book is used, the poll clerk may check the box after stating to the voter the
address shown on the electronic poll list and receiving an oral affirmation from the voter that
the voter's residence address shown on the poll list is the voter's current residence address
instead of writing the voter's current residence address on the poll list or reentering the
address in the electronic poll book.
As added by P.L.209-2003, SEC.138. Amended by P.L.2-2004, SEC.5; P.L.164-2006,
SEC.103; P.L.271-2013, SEC.21; P.L.76-2014, SEC.38.

IC 3-11-8-27 Challenge of voter by precinct election board member

Sec. 27. If a member of a precinct election board is not satisfied that a person who offers
to vote is the person who the person represents the person to be, the member may challenge
the person and the person may vote only if the person signs the affidavit required to be signed
by voters who are challenged under section 20 of this chapter.
[Pre-1986 Recodification Citation: 3-1-23-20(e).]
As added by P.L.5-1986, SEC.7.

IC 3-11-8-27.5 Challenged voter entitled to cast provisional ballot

Sec. 27.5. In accordance with 52 U.S.C. 21082, a voter challenged under section 27 of
this chapter is entitled to cast a provisional ballot under IC 3-11.7 after executing the
affidavit under section 23 of this chapter.
As added by P.L.209-2003, SEC.139. Amended by P.L.164-2006, SEC.104; P.L.128-2015,
SEC.179.

IC 3-11-8-28 Repealed
[Pre-1986 Recodification Citations: 3-1-23-20(b); 3-1-23-21 part.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.230-2005, SEC.91.

IC 3-11-8-29 Poll list; precinct election board's copy

Sec. 29. (a) This section does not apply to a list kept by a poll clerk under section 10.5
of this chapter.
(b) A precinct election board may not keep a poll list other than the poll list required by
section 25.1 of this chapter.
[Pre-1986 Recodification Citation: 3-1-23-20(c).]

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As added by P.L.5-1986, SEC.7. Amended by P.L.109-2005, SEC.7; P.L.164-2006, SEC.105.

IC 3-11-8-30 Poll list; return to circuit court clerk; preservation

Sec. 30. Each inspector shall return the poll lists, together with the oaths of the precinct
election board members, in a sealed envelope separate from all other precinct election returns
to the circuit court clerk. The clerk shall preserve the poll lists for the period required by
IC 3-10-1-31.1.
[Pre-1986 Recodification Citation: 3-1-23-20(f).]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1993, SEC.148; P.L.14-2004, SEC.119;
P.L.193-2021, SEC.43.

IC 3-11-8-31 Repealed
[Pre-1986 Recodification Citation: 3-1-23-28 part.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.3-1987, SEC.570.

IC 3-11-8-32 Repealed
[Pre-1986 Recodification Citation: 3-1-23-28 part.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.3-1987, SEC.570.

IC 3-11-8-33 Repealed
[Pre-1986 Recodification Citation: 3-1-23-28 part.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.4-1988, SEC.3.

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IC 3-11-9 Chapter 9. Assistance to Certain Voters

3-11-9-1 Application of chapter

3-11-9-2 Voters with disabilities or unable to read or write English; assistance; affidavit
3-11-9-3 Voter does not designate individual to assist voter; who must assist
3-11-9-4 Repealed
3-11-9-5 "Service animal"
3-11-9-6 Voter with disability entitled to vote on direct record electronic voting system;
exception

IC 3-11-9-1 Application of chapter

Sec. 1. This chapter applies to:
(1) each precinct; and
(2) absentee voting, including the casting of an absentee ballot before an absentee voter
board:
(A) in the office of the:
(i) circuit court clerk; or
(ii) board of elections and registration; or
(B) at a satellite office established under IC 3-11-10-26.3.
[1986 Recodification Citation: New.]
As added by P.L.5-1986, SEC.7. Amended by P.L.8-1992, SEC.24; P.L.66-2010, SEC.20;
P.L.170-2019, SEC.12.

IC 3-11-9-2 Voters with disabilities or unable to read or write English;

assistance; affidavit
Sec. 2. (a) A voter who:
(1) is a voter with disabilities; or
(2) is unable to read or write English;
may request assistance in voting before entering the voting booth and designate a person
(other than the voter's employer, an officer of the voter's union, or an agent of the voter's
employer or union) to assist the voter in voting at an election, as required by 52 U.S.C.
10508.
(b) The person designated must execute a sworn affidavit on a form provided by the
absentee voter board or the precinct election board stating that, to the best of the designated
person's knowledge, the voter:
(1) is a voter with disabilities or is unable to read or write English; and
(2) has requested the designated person to assist the voter in voting under this section.
(c) The person designated may then accompany the voter into the voting booth and assist
the voter in marking the voter's paper ballot or ballot card or in registering the voter's vote
on the electronic voting system.
[Pre-1986 Recodification Citation: 3-2-3-1 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.258; P.L.10-1988, SEC.112;
P.L.4-1991, SEC.93; P.L.8-1992, SEC.25; P.L.3-1993, SEC.149; P.L.14-2004, SEC.120;
P.L.221-2005, SEC.67; P.L.128-2015, SEC.180; P.L.169-2015, SEC.117.

IC 3-11-9-3 Voter does not designate individual to assist voter; who must
assist
Sec. 3. (a) The following individuals shall assist a voter described by section 2 of this
chapter who requests assistance in voting before entering the voting booth but does not wish
to designate a person under that section.
(1) The two (2) judges if the voter is voting at a precinct.
(2) Two (2) members of the absentee voter board if the voter is voting absentee.
(b) The individuals described in subsection (a) shall execute a sworn affidavit on a form
provided by the precinct election board stating that, to the best of the individuals' knowledge,

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the voter:
(1) is a voter with disabilities or is unable to read or write English;
(2) has requested assistance in voting; and
(3) does not wish to designate a person to assist the voter in voting under section 2 of
this chapter.
(c) The two (2) individuals described in subsection (a) shall then accompany the voter
into the voting booth to assist the voter in marking the voter's paper ballot or ballot card or
in registering the voter's vote on the electronic voting system.
[Pre-1986 Recodification Citation: 3-2-3-1 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.259; P.L.10-1988, SEC.113;
P.L.4-1991, SEC.94; P.L.8-1992, SEC.26; P.L.3-1993, SEC.150; P.L.221-2005, SEC.68;
P.L.157-2019, SEC.20.

IC 3-11-9-4 Repealed
[Pre-1986 Recodification Citation: 3-2-3-2 part.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.3-1987, SEC.570.

IC 3-11-9-5 "Service animal"

Sec. 5. (a) As used in this section, "service animal" has the meaning set forth in
IC 35-46-3-11.5.
(b) A voter who requires the assistance of a service animal is entitled to bring the animal
into the polls and the voting booth.
As added by P.L.66-2003, SEC.41.

IC 3-11-9-6 Voter with disability entitled to vote on direct record electronic

voting system; exception
Sec. 6. (a) This section applies only to a voter with a disability.
(b) This section does not apply to an absentee ballot cast by a voter before an absentee
voter board visiting the voter's place of confinement or the voter's residence.
(c) A voter is entitled to vote on a direct record electronic voting system that complies
with IC 3-11-8.
As added by P.L.66-2010, SEC.21.

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IC 3-11-10 Chapter 10. Voting by Absentee Ballot

3-11-10-1 Voter's affidavit; voting procedure; transmission of ballot

3-11-10-1.2 Proof of identification not required
3-11-10-1.5 Repealed
3-11-10-2 Marking absentee ballot; electioneering
3-11-10-3 Repealed
3-11-10-4 Repealed
3-11-10-4.5 Repealed
3-11-10-5 Repealed
3-11-10-6 Repealed
3-11-10-7 Repealed
3-11-10-8 Repealed
3-11-10-8.5 Scanning absentee ballot application before attachment to ballot envelope;
exceptions
3-11-10-9 Repealed
3-11-10-10 Absentee ballots to be kept under two locks in cabinets, boxes, or room;
security of keys
3-11-10-11 Acceptance of delivery of additional identifying information at post office on
election day
3-11-10-12 Repealed
3-11-10-12.5 Repealed
3-11-10-13 Repealed
3-11-10-14 Repealed
3-11-10-15 Repealed
3-11-10-16 Repealed
3-11-10-16.5 Repealed
3-11-10-17 Repealed
3-11-10-18 Repealed
3-11-10-19 Repealed
3-11-10-20 Repealed
3-11-10-21 Repealed
3-11-10-22 Repealed
3-11-10-23 Repealed
3-11-10-24 Requirements for voting absentee ballot by mail; voting procedure; delivery
3-11-10-24.5 Education program to inform of effect of casting multiple votes for single
office
3-11-10-25 Confined voters or caregivers; voters with disabilities; visits by absentee voter
board; required information; obstruction or interference with election officer
3-11-10-26 Voting at circuit court clerk's office, satellite office; time, place, and procedure
for voting; absentee uniformed services voters; proof of identification
3-11-10-26.1 Voting before an absentee voter board; "early voting" form
3-11-10-26.2 Use of electronic voting system to vote by absentee ballot; procedure
3-11-10-26.3 Satellite offices; resolution; requirements; adoption by unanimous vote of
election board; expiration
3-11-10-26.4 Ballot not cast by voter at circuit court clerk's office or satellite office;
procedure for handling ballot
3-11-10-26.5 Municipal and special elections; voting before absentee voter board during
specific days and hours only
3-11-10-26.7 Accessible facilities for voting in clerk's offices and satellite offices
3-11-10-26.8 Individuals permitted in room where absentee voting is occurring
3-11-10-27 Circuit court clerk's official seal and signature on absentee ballots; initialing
by election officials; exceptions; resolution
3-11-10-28 Voting before absentee voter board; handling ballot; privacy; additional
identifying information
3-11-10-29 Affidavit on face of envelope
3-11-10-29.2 Applicability; casting absentee ballot at location or office after closing or
deadline
3-11-10-29.5 Daily uploading vote history from electronic poll lists during absentee voting
3-11-10-30 Repealed
3-11-10-31 Repealed

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 3-11-10-32 Repealed
3-11-10-33 Repealed
3-11-10-34 Repealed
3-11-10-35 Repealed
3-11-10-36 Repealed
3-11-10-37 Repealed
3-11-10-38 Absentee voter boards; compensation
3-11-10-39 Absentee voter boards; training sessions; per diem for attendance

IC 3-11-10-1 Voter's affidavit; voting procedure; transmission of ballot

Sec. 1. (a) A voter voting by absentee ballot shall make and subscribe to the affidavit
prescribed by IC 3-11-4-21. The voter then shall, except as provided in subsection (b), do
the following:
(1) Mark the ballot in the presence of no other person.
(2) Fold each ballot separately.
(3) Fold each ballot so as to conceal the marking.
(4) Enclose each ballot, with the seal and signature of the circuit court clerk on the
outside, together with any unused ballot, in the envelope provided.
(5) Securely seal the envelope.
(6) Return the envelope as permitted by section 24(e) of this chapter.
(b) A voter permitted to transmit the voter's absentee ballots by fax or electronic mail
under IC 3-11-4-6 is not required to comply with subsection (a). The individual designated
by the circuit court clerk to receive absentee ballots transmitted by fax or electronic mail
shall do the following upon receipt of an absentee ballot transmitted by fax:
(1) Note the receipt of the absentee ballot in the records of the circuit court clerk as
other absentee ballots received by the circuit court clerk are noted.
(2) Fold each ballot received from the voter separately so as to conceal the marking.
(3) Enclose each ballot in a blank absentee ballot envelope.
(4) Securely seal the envelope.
(5) Mark on the envelope: "Absentee Ballot Received by Fax or Electronic Mail".
(6) Securely attach to the envelope the faxed affidavit received with the voter's absentee
ballots.
(c) Except as otherwise provided in this title, absentee ballots received by fax or
electronic mail shall be handled and processed as other absentee ballots received by the
circuit court clerk are handled and processed.
[Pre-1986 Recodification Citation: 3-1-22-7 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.4-1996, SEC.68; P.L.126-2002, SEC.61;
P.L.103-2005, SEC.9; P.L.198-2005, SEC.7; P.L.157-2019, SEC.21; P.L.227-2023, SEC.81.

IC 3-11-10-1.2 Proof of identification not required

Sec. 1.2. An absentee voter is not required to provide proof of identification when:
(1) mailing, delivering, or transmitting an absentee ballot under section 1 of this
chapter; or
(2) voting before an absentee board under section 25 of this chapter.
As added by P.L.109-2005, SEC.8. Amended by P.L.103-2005, SEC.10.

IC 3-11-10-1.5 Repealed
As added by P.L.4-1991, SEC.95. Amended by P.L.3-1995, SEC.105; P.L.3-1997, SEC.301.
Repealed by P.L.278-2019, SEC.72.

IC 3-11-10-2 Marking absentee ballot; electioneering

Sec. 2. (a) A voter voting by absentee ballot may mark a ballot with a pen or a lead pencil.
(b) A person may not engage in electioneering (as defined in IC 3-14-3-16) in the
presence of a voter whom the person knows possesses an absentee ballot provided to the

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voter in accordance with Indiana law.
[Pre-1986 Recodification Citation: 3-1-22-8.]
As added by P.L.5-1986, SEC.7. Amended by P.L.5-1989, SEC.55; P.L.103-2005, SEC.11.

IC 3-11-10-3 Repealed
[Pre-1986 Recodification Citation: 3-1-22-7 part.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.278-2019, SEC.73.

IC 3-11-10-4 Repealed
[Pre-1986 Recodification Citation: 3-1-22-9 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1997, SEC.302; P.L.126-2002, SEC.62;
P.L.198-2005, SEC.8; P.L.278-2019, SEC.74. Repealed by P.L.109-2021, SEC.26.

IC 3-11-10-4.5 Repealed
As added by P.L.209-2003, SEC.140. Amended by P.L.221-2005, SEC.69. Repealed by
P.L.109-2021, SEC.27.

IC 3-11-10-5 Repealed
[Pre-1986 Recodification Citation: 3-1-22-9 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.260; P.L.126-2002, SEC.63.
Repealed by P.L.278-2019, SEC.75.

IC 3-11-10-6 Repealed
[Pre-1986 Recodification Citation: 3-1-22-9 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.64. Repealed by
P.L.278-2019, SEC.76.

IC 3-11-10-7 Repealed
[Pre-1986 Recodification Citation: 3-1-22-9 part.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.278-2019, SEC.77.

IC 3-11-10-8 Repealed
[Pre-1986 Recodification Citation: 3-1-22-10 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1997, SEC.303; P.L.126-2002, SEC.65;
P.L.219-2013, SEC.47. Repealed by P.L.278-2019, SEC.78.

IC 3-11-10-8.5 Scanning absentee ballot application before attachment to

ballot envelope; exceptions
Sec. 8.5. (a) This section does not apply to an application for an absentee ballot from a
voter:
(1) participating in the address confidentiality program under IC 5-26.5-2; or
(2) requesting to cast an absentee ballot in the office of the circuit court clerk, the office
of the board of elections and registration, or a satellite office.
(b) Before a voter's application for an absentee ballot is attached to the ballot envelope,
the application must be scanned or otherwise copied for public inspection.
As added by P.L.169-2015, SEC.118. Amended by P.L.109-2021, SEC.28.

IC 3-11-10-9 Repealed
[Pre-1986 Recodification Citation: 3-1-22-10 part.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.278-2019, SEC.79.

IC 3-11-10-10 Absentee ballots to be kept under two locks in cabinets, boxes,

or room; security of keys

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 Sec. 10. During the period that absentee ballots are being received, each county election
board shall keep the ballots in cabinets, boxes, or a room upon which there are two (2) locks,
one (1) for each of the appointed members of the board. Each day the absentee ballots shall
be placed in the cabinets, boxes, or room under the direction of the appointed members of
the board. If an appointed member cannot be present each day, then that member shall
designate someone from the member's political party to be present with the key to the lock
at the time the ballots are secured and at the time the lock is opened the next day. The key
of each appointed member of the board shall be kept secure in the manner determined by that
appointed member.
[Pre-1986 Recodification Citation: 3-1-22-10 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.121-2012, SEC.5.

IC 3-11-10-11 Acceptance of delivery of additional identifying information at

post office on election day
Sec. 11. On election day, the county voter registration office shall visit the appropriate
post office to accept delivery of mail containing documentation submitted by a voter to
comply with IC 3-7-33-4.5. The office shall immediately notify the county election board
regarding the filing of this documentation.
[Pre-1986 Recodification Citation: 3-1-22-6(b).]
As added by P.L.5-1986, SEC.7. Amended by P.L.209-2003, SEC.141; P.L.221-2005,
SEC.70; P.L.278-2019, SEC.80; P.L.227-2023, SEC.82.

IC 3-11-10-12 Repealed
[Pre-1986 Recodification Citation: 3-1-22-11 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1993, SEC.151; P.L.209-2003,
SEC.142; P.L.198-2005, SEC.9; P.L.164-2006, SEC.106; P.L.66-2010, SEC.22. Repealed
by P.L.278-2019, SEC.81.

IC 3-11-10-12.5 Repealed
As added by P.L.66-2010, SEC.23. Repealed by P.L.278-2019, SEC.82.

IC 3-11-10-13 Repealed
[Pre-1986 Recodification Citation: 3-1-22-11 part.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.278-2019, SEC.83.

IC 3-11-10-14 Repealed
[Pre-1986 Recodification Citation: 3-1-22-11 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.66; P.L.198-2005,
SEC.10; P.L.219-2013, SEC.48; P.L.64-2014, SEC.50. Repealed by P.L.278-2019, SEC.84.

IC 3-11-10-15 Repealed
[Pre-1986 Recodification Citation: 3-1-22-12(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.126-2002, SEC.67. Repealed by
P.L.278-2019, SEC.85.

IC 3-11-10-16 Repealed
[Pre-1986 Recodification Citation: 3-1-22-12(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.261; P.L.126-2002, SEC.68;
P.L.209-2003, SEC.143; P.L.14-2004, SEC.121; P.L.221-2005, SEC.71; P.L.64-2014,
SEC.51. Repealed by P.L.278-2019, SEC.86.

IC 3-11-10-16.5 Repealed
As added by P.L.209-2003, SEC.144. Amended by P.L.221-2005, SEC.72. Repealed by

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P.L.278-2019, SEC.87.

IC 3-11-10-17 Repealed
[Pre-1986 Recodification Citation: 3-1-22-12(b).]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.262; P.L.3-1997, SEC.304;
P.L.38-1999, SEC.45; P.L.126-2002, SEC.69; P.L.1-2003, SEC.5; P.L.198-2005, SEC.11;
P.L.225-2011, SEC.60; P.L.194-2013, SEC.59. Repealed by P.L.278-2019, SEC.88.

IC 3-11-10-18 Repealed
[Pre-1986 Recodification Citation: 3-1-22-12(c).]
As added by P.L.5-1986, SEC.7. Repealed by P.L.278-2019, SEC.89.

IC 3-11-10-19 Repealed
[Pre-1986 Recodification Citation: 3-1-22-12(d).]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.263. Repealed by
P.L.109-2021, SEC.29.

IC 3-11-10-20 Repealed
[Pre-1986 Recodification Citation: 3-1-22-13 part.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.278-2019, SEC.90.

IC 3-11-10-21 Repealed
[Pre-1986 Recodification Citation: 3-1-22-13 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.14-2004, SEC.122; P.L.64-2014, SEC.52.
Repealed by P.L.278-2019, SEC.91.

IC 3-11-10-22 Repealed
[Pre-1986 Recodification Citation: 3-1-22-13 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.109-2005, SEC.9; P.L.64-2014, SEC.53.
Repealed by P.L.278-2019, SEC.92.

IC 3-11-10-23 Repealed
[Pre-1986 Recodification Citation: 3-1-22-14.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.278-2019, SEC.93.

IC 3-11-10-24 Requirements for voting absentee ballot by mail; voting

procedure; delivery
Sec. 24. (a) Except as provided in subsection (b), a voter who satisfies any of the
following is entitled to vote by mail:
(1) The voter has a specific, reasonable expectation of being absent from the county on
election day during the entire twelve (12) hours that the polls are open.
(2) The voter will be absent from the precinct of the voter's residence on election day
because of service as:
(A) a precinct election officer under IC 3-6-6;
(B) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10;
(C) a challenger or pollbook holder under IC 3-6-7; or
(D) a person employed by an election board to administer the election for which the
absentee ballot is requested.
(3) The voter will be confined on election day to the voter's residence, to a health care
facility, or to a hospital because of an illness or injury during the entire twelve (12)
hours that the polls are open.
(4) The voter is a voter with disabilities.
(5) The voter is an elderly voter.

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 (6) The voter is prevented from voting due to the voter's care of an individual confined
to a private residence because of illness or injury during the entire twelve (12) hours
that the polls are open.
(7) The voter is scheduled to work at the person's regular place of employment during
the entire twelve (12) hours that the polls are open.
(8) The voter is eligible to vote under IC 3-10-11 or IC 3-10-12.
(9) The voter is prevented from voting due to observance of a religious discipline or
religious holiday during the entire twelve (12) hours that the polls are open.
(10) The voter is an address confidentiality program participant (as defined in
IC 5-26.5-1-6).
(11) The voter is a member of the Indiana National Guard deployed or on assignment
inside Indiana or a public safety officer.
(12) The voter is a serious sex offender (as defined in IC 35-42-4-14(a)).
(13) The voter is prevented from voting due to the unavailability of transportation to
the polls.
(b) An absent uniformed services voter or overseas voter is entitled to vote by mail using
the combined absentee registration form and absentee ballot request approved under 52
U.S.C. 20301(b)(2).
(c) A county shall mail an absentee ballot to a voter under this section by nonforwardable
United States Postal Service mail.
(d) Except as provided in subsection (l), a voter with disabilities who:
(1) is unable to make a voting mark on the ballot or sign the absentee ballot secrecy
envelope; and
(2) requests that the absentee ballot be delivered to an address within Indiana;
must vote before an absentee voter board under section 25(b) of this chapter.
(e) If a voter receives an absentee ballot by mail, the voter shall personally mark the ballot
in secret and seal the marked ballot inside the envelope provided by the county election
board for that purpose. The voter shall do one (1) of the following:
(1) Deliver the envelope to the county election board in person.
(2) Deliver the sealed envelope to the county election board with not more than one (1)
ballot per envelope, by United States mail or by a bonded courier company.
(3) Authorize a member of the voter's household, family listed in IC 3-6-6-7(a)(4), or
the individual designated as the voter's attorney in fact to do one (1) of the following:
(A) Deposit the sealed envelope in the United States mail.
(B) Deliver the sealed envelope in person to the county election board at:
(i) the office of the circuit court clerk or the office of the board of elections and
registration under section 26 of this chapter;
(ii) a satellite office of the circuit court clerk designated under section 26.3 of this
chapter; or
(iii) a satellite office of a vote center under IC 3-11-18.1-11.
A voter who delivers the sealed envelope under this clause may request a
replacement absentee ballot under IC 3-11.5-4-2 and cast a replacement absentee
ballot at an office or vote center described in items (i) through (iii).
(f) A county election board shall reject an absentee ballot deposited in a drop box or other
container or location that is not under the physical control and supervision of the county
election board when the ballot is deposited.
(g) If a drop box or other container is located in a building under the control of a political
subdivision in which a document may be deposited for other purposes related to the office
of the circuit court clerk or an office of any other political subdivision, the political
subdivision in control of the drop box or container shall post a notice on or in a prominent
location adjacent to the drop box or container saying substantially as follows: "Do not
deposit a voted absentee ballot into this box or container. The absentee ballot will not be
counted.".

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 (h) If an absentee ballot is deposited into a box or container in violation of subsection (f)
or (g), the county election board shall mark the absentee ballot security envelope as rejected
and, if possible, promptly notify the individual whose name appears on the security envelope
containing the absentee ballot.
(i) If a member of the voter's household, family listed in IC 3-6-6-7(a)(4), or the voter's
attorney in fact delivers the sealed envelope containing a voter's absentee ballot to the county
election board, the individual delivering the ballot shall complete an affidavit in a form
prescribed by the election division. The affidavit must contain the following information:
(1) The name and residence address of the voter whose absentee ballot is being
delivered.
(2) A statement of the full name, residence and mailing address, and daytime and
evening telephone numbers (if any) of the individual delivering the absentee ballot.
(3) A statement indicating whether the individual delivering the absentee ballot is a
member of the voter's household, family listed in IC 3-6-6-7(a)(4), or is the attorney in
fact for the voter. If the individual is the attorney in fact for the voter, the individual
must attach a copy of the power of attorney for the voter, unless a copy of this
document has already been filed with the county election board.
(4) The date and location at which the absentee ballot was delivered by the voter to the
individual delivering the ballot to the county election board.
(5) A statement that the individual delivering the absentee ballot has complied with
Indiana laws governing absentee ballots.
(6) A statement that the individual delivering the absentee ballot is executing the
affidavit under the penalties of perjury.
(7) A statement setting forth the penalties for perjury.
(j) The county election board shall record the date and time that the affidavit under
subsection (i) was filed with the board.
(k) After a voter has mailed or delivered an absentee ballot to the office of the county
election board, the voter may not recast a ballot, except as provided in IC 3-11-4-17.7,
IC 3-11.5-4-2, and IC 3-11.5-4-21.
(l) A voter with print disabilities may vote by using the system developed by the secretary
of state under IC 3-11-4-6(k).
[Pre-1986 Recodification Citation: 3-1-22-3 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.4-1991, SEC.96; P.L.3-1995, SEC.106;
P.L.3-1997, SEC.305; P.L.38-1999, SEC.46; P.L.126-2002, SEC.70; P.L.103-2005, SEC.12;
P.L.120-2009, SEC.8; P.L.225-2011, SEC.61; P.L.235-2015, SEC.1; P.L.169-2015,
SEC.119; P.L.278-2019, SEC.94; P.L.109-2021, SEC.30; P.L.227-2023, SEC.83.

IC 3-11-10-24.5 Education program to inform of effect of casting multiple votes

for single office
Sec. 24.5. As required by 52 U.S.C. 21081, an election board must establish a voter
education program (specific to a paper ballot or optical scan ballot card provided as an
absentee ballot under this chapter) to notify a voter of the effect of casting multiple votes for
a single office.
As added by P.L.209-2003, SEC.145. Amended by P.L.14-2004, SEC.123; P.L.164-2006,
SEC.107; P.L.128-2015, SEC.181.

IC 3-11-10-25 Confined voters or caregivers; voters with disabilities; visits by

absentee voter board; required information; obstruction or
interference with election officer
Sec. 25. (a) A voter who votes by absentee ballot because of:
(1) illness or injury; or
(2) caring for a confined person at a private residence;
and who is within the county may vote before an absentee voter board or by mail.

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 (b) If requested by a voter described in subsection (a) or by a voter with disabilities whose
precinct is not accessible to voters with disabilities, an absentee voter board shall visit the
voter's place of confinement or the residence of the voter with disabilities:
(1) during the regular office hours of the circuit court clerk;
(2) at a time agreed to by the board and the voter;
(3) on any of the nineteen (19) days immediately before election day; and
(4) only once before an election, unless:
(A) the confined voter is unavailable at the time of the board's first visit due to a
medical emergency; or
(B) the board, in its discretion, decides to make an additional visit.
(c) This subsection applies to a voter confined due to illness or injury. An absentee voter
board may not be denied access to the voter's place of confinement if the board is present at
the place of confinement at a time:
(1) agreed to by the board and the voter; and
(2) during the regular office hours of the circuit court clerk. A person who knowingly
violates this subsection commits obstruction or interference with an election officer in
the discharge of the officer's duty, a violation of IC 3-14-3-4.
(d) The county election board, by unanimous vote of the board's entire membership, may
authorize an absentee voter board to visit a voter who is confined due to illness or injury and
will be outside the county on election day in accordance with the procedures set forth in
subsection (b).
(e) The county election board, by unanimous vote of the board's entire membership, may:
(1) authorize an absentee voter board to visit the voter after first confirming that the
individual is a registered voter of the county; and
(2) permit the voter to complete an absentee ballot application before the absentee voter
board.
If both members of the absentee voter board approve the voter's application under this
subsection, the board shall provide the voter with an absentee ballot.
(f) As provided by 52 U.S.C. 21081, a voter casting an absentee ballot under this section
must be:
(1) permitted to verify in a private and independent manner the votes selected by the
voter before the ballot is cast and counted;
(2) provided with the opportunity to change the ballot or correct any error in a private
and independent manner before the ballot is cast and counted, including the opportunity
to receive a replacement ballot if the voter is otherwise unable to change or correct the
ballot; and
(3) notified before the ballot is cast regarding the effect of casting multiple votes for
the office and provided an opportunity to correct the ballot before the ballot is cast and
counted.
(g) As provided by 52 U.S.C. 21081, when an absentee ballot is provided under this
section, the board must also provide the voter with:
(1) information concerning the effect of casting multiple votes for an office; and
(2) instructions on how to correct the ballot before the ballot is cast and counted,
including the issuance of replacement ballots.
(h) This subsection applies to a voter who applies to vote an absentee ballot by mail. The
county election board shall include a copy of the Absentee Voter's Bill of Rights with any
absentee ballot mailed to the voter.
(i) An absentee voter board visiting a voter under this section may use an electronic poll
book.
[Pre-1986 Recodification Citations: 3-1-22-3 part; 3-1-22-21(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.264; P.L.10-1988, SEC.114;
P.L.5-1989, SEC.56; P.L.4-1991, SEC.97; P.L.3-1993, SEC.152; P.L.3-1997, SEC.306;
P.L.126-2002, SEC.71; P.L.209-2003, SEC.146; P.L.103-2005, SEC.13; P.L.164-2006,

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SEC.108; P.L.128-2015, SEC.182; P.L.169-2015, SEC.120; P.L.109-2021, SEC.31;
P.L.193-2021, SEC.44.

IC 3-11-10-26 Voting at circuit court clerk's office, satellite office; time, place,
and procedure for voting; absentee uniformed services voters;
proof of identification
Sec. 26. (a) This subsection applies to all counties, except for a county to which
IC 3-6-5.2 or IC 3-6-5.6 applies. As an alternative to voting by mail, a voter is entitled to cast
an absentee ballot before an absentee voter board at any of the following:
(1) One (1) location of the office of the circuit court clerk designated by the circuit
court clerk.
(2) A satellite office established under section 26.3 of this chapter.
(b) This subsection applies to a county to which IC 3-6-5.2 or IC 3-6-5.6 applies. As an
alternative to voting by mail, a voter is entitled to cast an absentee ballot before an absentee
voter board at any of the following:
(1) The office of the board of elections and registration.
(2) A satellite office established under section 26.3 of this chapter.
(c) Except for a location designated under subsection (a)(1), a location of the office of the
circuit court clerk must be established as a satellite office under section 26.3 of this chapter
in order to be used as a location at which a voter is entitled to cast an absentee ballot before
an absentee voter board under this section.
(d) The voter must do the following before being permitted to vote:
(1) This subdivision does not apply to a county that uses electronic poll books for
voting under this section. Sign an application on the form prescribed by the election
division under IC 3-11-4-5.1. The application must be received by the circuit court
clerk not later than the time prescribed by IC 3-11-4-3.
(2) This subdivision applies only to a county that uses electronic poll books for voting
under this section and in which the ballot is cast on an electronic voting system. The
voter must do the following:
(A) If the county election board has prescribed an affidavit under subsection (e) that
includes a unique identifier to comply with section 26.2(c)(3) of this chapter, make
and subscribe to the affidavit.
(B) Sign the electronic poll book.
(C) Provide proof of identification.
(3) This subdivision applies only to a county that uses electronic poll books for voting
under this section and in which the ballot is cast on an optical scan voting system. The
voter must do the following:
(A) Sign the electronic poll book.
(B) Provide proof of identification.
(C) Sign the affidavit prescribed by section 29 of this chapter.
(e) The county election board may:
(1) prescribe an affidavit that includes a unique identifier; or
(2) establish a procedure to produce a document, label, or electronic record that is
associated with each voter and includes a unique identifier;
to comply with section 26.2(c)(3) of this chapter. After the county election board approves
an affidavit or procedure described in this subsection and before the affidavit or procedure
is used in an election, the county election board shall file a copy of the affidavit or a brief
description of the procedure with the election division to assist the state recount commission
in conducting proceedings under IC 3-12-11.
(f) The voter may vote before the board not more than twenty-eight (28) days nor later
than noon on the day before election day. If the close of a voter registration period is
transferred under IC 3-5-4-1.5 from twenty-nine (29) days to a later date due to the Columbus
Day holiday, the voter may vote before the board on the first day following the day on which

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the voter registration period closes.
(g) An absent uniformed services voter who is eligible to vote by absentee ballot in the
circuit court clerk's office under IC 3-7-36-14 may vote before the board not earlier than
twenty-eight (28) days before the election and not later than noon on election day. If the close
of a voter registration period is transferred under IC 3-5-4-1.5 from twenty-nine (29) days
to a later date due to the Columbus Day holiday, the voter may vote before the board on the
first day following the day on which the voter registration period closes. If a voter described
by this subsection wishes to cast an absentee ballot during the period beginning at noon on
the day before election day and ending at noon on election day, the county election board or
absentee voter board may receive and process the ballot at a location designated by resolution
of the county election board.
(h) The absentee voter board in the office of the circuit court clerk must permit voters to
cast absentee ballots under this section for at least seven (7) hours on each of the two (2)
Saturdays preceding election day. However, the county election board may adopt a resolution
authorizing the circuit court clerk to:
(1) use the office of the circuit court clerk designated in subsection (a)(1); or
(2) establish a satellite office under section 26.3 of this chapter;
to permit voters to cast absentee ballots under this section for at least four (4) hours on the
third Saturday preceding election day.
(i) Notwithstanding subsection (h), in a county with a population of less than twenty
thousand (20,000), the absentee voter board in the office of the circuit court clerk, with the
approval of the county election board, may reduce the number of hours available to cast
absentee ballots under this section to a minimum of four (4) hours on each of the two (2)
Saturdays preceding election day.
(j) As provided by 52 U.S.C. 21081, a voter casting an absentee ballot under this section
must be:
(1) permitted to verify in a private and independent manner the votes selected by the
voter before the ballot is cast and counted;
(2) provided with the opportunity to change the ballot or correct any error in a private
and independent manner before the ballot is cast and counted, including the opportunity
to receive a replacement ballot if the voter is otherwise unable to change or correct the
ballot; and
(3) notified before the ballot is cast regarding the effect of casting multiple votes for
the office and provided an opportunity to correct the ballot before the ballot is cast and
counted.
(k) As provided by 52 U.S.C. 21081, when an absentee ballot is provided under this
section, the board must also provide the voter with:
(1) information concerning the effect of casting multiple votes for an office; and
(2) instructions on how to correct the ballot before the ballot is cast and counted,
including the issuance of replacement ballots.
(l) If:
(1) the voter is unable or declines to present the proof of identification; or
(2) a member of the board determines that the proof of identification provided by the
voter does not qualify as proof of identification under IC 3-5-2-40.5;
the voter shall be permitted to cast a provisional ballot.
(m) This subsection applies to a voter who casts an absentee ballot that is treated as a
provisional ballot under subsection (l). The board shall provide the voter, both orally and in
writing, an explanation of what actions, if any, the voter must take in order to have the voter's
ballot counted. The election division shall prescribe the form of the explanation required by
this subsection.
(n) A voter casting an absentee ballot under this section is entitled to cast the voter's ballot
in accordance with IC 3-11-9.
(o) In a primary election, a voter casting an absentee ballot under this chapter may not

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change the voter's choice of the voter's political party after the voter has been mailed or
otherwise provided with a primary ballot containing the candidates of that party.
[Pre-1986 Recodification Citation: 3-1-22-21(b) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.265; P.L.5-1989, SEC.57;
P.L.4-1991, SEC.98; P.L.8-1992, SEC.27; P.L.3-1995, SEC.107; P.L.2-1996, SEC.185;
P.L.3-1997, SEC.307; P.L.167-2001, SEC.7 and P.L.199-2001, SEC.23; P.L.126-2002,
SEC.72; P.L.209-2003, SEC.147; P.L.14-2004, SEC.124; P.L.103-2005, SEC.14;
P.L.164-2006, SEC.109; P.L.66-2010, SEC.24; P.L.225-2011, SEC.62; P.L.194-2013,
SEC.60; P.L.258-2013, SEC.78; P.L.128-2015, SEC.183; P.L.169-2015, SEC.121;
P.L.71-2017, SEC.1; P.L.157-2019, SEC.22; P.L.278-2019, SEC.95; P.L.109-2021, SEC.32;
P.L.118-2021, SEC.1; P.L.193-2021, SEC.45; P.L.115-2022, SEC.7.

IC 3-11-10-26.1 Voting before an absentee voter board; "early voting" form

Sec. 26.1. Voting before an absentee voter board under section 26 of this chapter shall
be referred to as "early voting" on all forms prescribed by the election division and in all
communications with voters.
As added by P.L.115-2022, SEC.8.

IC 3-11-10-26.2 Use of electronic voting system to vote by absentee ballot;

procedure
Sec. 26.2. (a) A county election board or board of elections and registration shall comply
with IC 3-11-9-6 by providing an electronic voting system or marking device that produces
a marked optical scan ballot for voting by absentee ballot in the office of the circuit court
clerk, the board of elections and registration, or a satellite office established under section
26.3 of this chapter, by a voter with disabilities or any other qualified absentee voter who
wishes to cast an absentee ballot on the electronic voting system.
(b) The county election board or board of elections and registration may adopt a
resolution under this section to authorize the circuit court clerk to use an electronic voting
system or marking device that produces a marked optical scan ballot for voting by voters
eligible to cast an absentee ballot before an absentee board under section 25 of this chapter.
A resolution adopted under this section must be adopted by the unanimous vote of the board's
entire membership.
(c) A county providing absentee ballot voting under this section must adopt procedures
to do the following:
(1) Secure absentee votes cast on an electronic voting system or marking device that
produces a marked optical scan ballot that provide protection comparable to the
protection provided to absentee votes cast by paper ballot.
(2) Compare the signature on an absentee ballot application (or on an electronic poll
book if no application was executed by the voter) with the applicant's signature on the
applicant's voter registration record.
(3) Ensure that an invalid ballot (as determined under IC 3-11.5) is not counted.
(4) Specify how a spoiled absentee ballot is to be canceled in the direct record
electronic voting system if a voter casts and returns a replacement absentee ballot.
(d) A resolution adopted under this section may contain other provisions to implement
this section that the board considers useful and that are not contrary to Indiana or federal law.
(e) If a resolution is adopted under this section, the circuit court clerk may use as many
electronic voting machines for recording absentee votes as the clerk considers necessary,
subject to the resolution adopted by the board.
(f) Notwithstanding any other law, an absentee ballot voted on an electronic voting system
under this section is not required to bear the seal, signature, and initials prescribed by section
27 of this chapter.
(g) If a resolution is adopted under this section, the procedure for casting an absentee
ballot on an electronic voting system must, except as provided in this section, be substantially

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the same as the procedure for casting an absentee ballot in the office of the circuit court clerk
under section 26 of this chapter.
As added by P.L.69-2003, SEC.6. Amended by P.L.14-2004, SEC.125; P.L.194-2013,
SEC.61; P.L.64-2014, SEC.54; P.L.169-2015, SEC.122; P.L.157-2019, SEC.23;
P.L.109-2021, SEC.33.

IC 3-11-10-26.3 Satellite offices; resolution; requirements; adoption by

unanimous vote of election board; expiration
Sec. 26.3. (a) A county election board may adopt a resolution to authorize the circuit
court clerk to establish satellite offices in the county where voters may cast absentee ballots
before an absentee voter board.
(b) To be adopted under this section, a resolution must be adopted by the unanimous vote
of the board's entire membership.
(c) A resolution adopted under this section must do the following:
(1) State the locations of the satellite offices.
(2) State the hours at which absentee voting may occur at the satellite offices.
(d) The resolution may contain other provisions the board considers useful.
(e) If a resolution is adopted under this section for a primary election, the locations of the
satellite offices and the hours at which absentee voting may occur at the satellite offices
established for the primary election must be used for the subsequent general or municipal
election.
(f) If a resolution is adopted under this section, the procedure for casting an absentee
ballot at a satellite office must, except as provided in this section, be substantially the same
as the procedure for casting an absentee ballot in the office of the circuit court clerk under
section 26 of this chapter.
(g) A voter casting an absentee ballot under this section is entitled to cast the voter's ballot
in accordance with IC 3-11-9.
(h) A satellite office established by a circuit court clerk under this section must comply
with the polling place accessibility requirements of IC 3-11-8.
(i) A resolution adopted under this section expires January 1 of the year immediately after
the year in which the resolution is adopted.
As added by P.L.167-2001, SEC.8 and P.L.199-2001, SEC.24. Amended by P.L.66-2010,
SEC.25; P.L.225-2011, SEC.63; P.L.194-2013, SEC.62; P.L.169-2015, SEC.123.

IC 3-11-10-26.4 Ballot not cast by voter at circuit court clerk's office or satellite
office; procedure for handling ballot
Sec. 26.4. (a) This section applies to voting under section 26, 26.2, or 26.3 of this chapter.
(b) After voting, a voter shall leave the office or satellite office.
(c) If a voter leaves the booth without casting a ballot, an absentee voter board member
or the circuit court clerk's office shall do both of the following:
(1) Attempt to advise the voter not to leave the clerk's office or satellite office because
the voter's ballot has not been cast.
(2) Permit the voter to return to the booth to complete the process of casting the voter's
ballot.
(d) This subsection applies to a voter who has been provided a paper absentee ballot or
optical scan ballot card absentee ballot. If the voter has left the clerk's office or satellite
office, or declines to return to the booth, the absentee voter board members shall do the
following:
(1) Enter into the booth and place the voter's ballot inside the envelope provided or fold
the ballot as described in IC 3-11-13-18(b)(1).
(2) Transfer or deposit the envelope or folded ballot to the location where previously
cast absentee ballots have been secured.
(3) Promptly complete a form prescribed under IC 3-5-4-8 containing the following

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 information:
(A) The name of the voter who left the clerk's office or satellite office without
completing the process of casting a ballot if the voter's name is known.
(B) The approximate time that the voter left the clerk's office or satellite office.
(C) Whether the voter was advised that the voter could return to the booth to
complete the casting of the ballot.
(D) A statement made under the penalties for perjury indicating that:
(i) the absentee voter board members jointly transferred or deposited the envelope
or folded ballot in the location where previously cast absentee ballots had been
secured; and
(ii) the absentee voter board members (and any other person) did not make any
alterations to the choices made by the voter.
The form must be signed by both members of the absentee voter board.
(e) This subsection applies to a voter who has been provided an electronic voting system
to cast an absentee ballot. If the voter has left the clerk's office or satellite office, or declines
to return to the booth, the absentee voter board members shall:
(1) enter into the booth;
(2) complete the process of casting the ballot for the voter; and
(3) complete the form described in subsection (d)(3).
(f) After the voter's ballot has been transferred or deposited under subsection (d) or cast
under subsection (e), the absentee voter board shall indicate on the electronic poll book or
in the statewide voter registration system that the voter has cast an absentee ballot.
As added by P.L.108-2021, SEC.9. Amended by P.L.193-2021, SEC.46.

IC 3-11-10-26.5 Municipal and special elections; voting before absentee voter

board during specific days and hours only
Sec. 26.5. (a) This section applies to:
(1) a municipal election;
(2) a primary conducted in a municipal election year; and
(3) a special election conducted under IC 3-10-8 and that is not conducted at the same
time as any other election.
(b) Notwithstanding section 26 of this chapter or IC 3-11-18.1-4 in a vote center county,
a county election board (or a town election board acting under IC 3-10-7) may adopt a
resolution or an amendment to a county vote center plan by the unanimous vote of the board's
entire membership stating that voters are entitled to vote by absentee ballot before an
absentee voter board in the office of the circuit court clerk or town election board during
specific days and hours identified in the resolution.
(c) If the election board adopts a resolution or an amendment under subsection (b), the
board must include written findings of fact in the resolution or amendment stating:
(1) the number of absentee ballot applications anticipated or previously received for the
election;
(2) the expense to be incurred by providing absentee ballot voting in the office during
the entire period required under section 26 of this chapter; and
(3) that voters would experience little or no inconvenience by restricting absentee ballot
voting in the office to the days and hours specified in the resolution or amendment.
As added by P.L.3-1995, SEC.108. Amended by P.L.194-2013, SEC.63; P.L.219-2013,
SEC.49; P.L.278-2019, SEC.96; P.L.109-2021, SEC.34.

IC 3-11-10-26.7 Accessible facilities for voting in clerk's offices and satellite

offices
Sec. 26.7. (a) As used in this section, "facility" refers to the facility in which a voter may
vote a ballot under section 26 or 26.3 of this chapter.
(b) For purposes of this chapter, a facility is an "accessible facility" for elderly voters and

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voters with disabilities only if all the following apply:
(1) The facility meets the standards for accessibility for elderly voters and voters with
disabilities established under 52 U.S.C. 20101 through 52 U.S.C. 20107.
(2) All the following are accessible to elderly voters and voters with disabilities in a
manner that provides the same opportunity for access and participation (including
privacy and independence) as for other voters:
(A) Parking spaces, marked and available to conform with IC 5-16-9.
(B) The path to the facility that an individual must travel on the property where the
facility is located.
(C) The entrances of the facility to be used by voters.
(D) The paths of travel within the facility to the rooms or areas where the voting
systems are located.
(E) The rooms or areas in the facility where the voting systems are located.
(c) The requirements of subsection (b) are satisfied if a facility will comply with
subsection (b) by implementing temporary measures.
As added by P.L.109-2021, SEC.35.

IC 3-11-10-26.8 Individuals permitted in room where absentee voting is

occurring
Sec. 26.8. Only the individuals described in IC 3-11-8-15 who are permitted to be in the
polls during an election may be in the room where absentee voting is occurring under section
26 or 26.3 of this chapter.
As added by P.L.227-2023, SEC.84.

IC 3-11-10-27 Circuit court clerk's official seal and signature on absentee

ballots; initialing by election officials; exceptions; resolution
Sec. 27. (a) This section does not apply to a ballot mailed to a voter under this chapter.
(b) Subject to IC 3-5-4-9, before a ballot is voted under section 25 of this chapter before
an absentee voter board, it must bear the circuit court clerk's official seal and signature or
facsimile signature and be initialed by the absentee voter board visiting the voter under
section 25(b) of this chapter (except in a county subject to subsection (e)).
(c) Subject to IC 3-5-4-9, before a ballot is:
(1) voted under section 26 or 26.3 of this chapter; or
(2) placed in a secrecy envelope if it has been marked using a marking device for an
optical scan ballot;
the ballot must bear the circuit court clerk's official seal and signature or facsimile signature.
The absentee ballot must be initialed by both absentee voter board members, or subject to
subsection (e), the county election board or the board's designated representatives under
IC 3-11-4-19. In a county that provides a ballot marking device described in IC 3-11-13-7.5
for a voter to mark the voter's ballot while voting under section 26 or 26.3 of this chapter, the
initials of the absentee voter board may be applied after the ballot has been marked by the
voter and in a manner where the absentee voter board cannot see how the voter marked the
voter's ballot.
(d) An absentee voter board member or county election board member or the member's
representative shall not place the individual's initials on the absentee ballot:
(1) until after the voter's application for that ballot has been approved; or
(2) more than twenty-four (24) hours before the absentee ballot is provided to the voter.
A ballot initialed under this subsection must be under the control of two (2) individual
members or representatives of opposite political parties until the ballot is provided to the
voter.
(e) A county election board may adopt a resolution providing that the absentee ballots to
be voted before an absentee voter board visiting the voter under section 25(b) of this chapter
must be initialed by the county election board or the board's representatives under

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IC 3-11-4-19 and not by the absentee voter board visiting the voter. A resolution adopted
under this subsection remains in effect until rescinded by the county election board. The
election board may not rescind the resolution during the final sixty (60) days before an
election.
(f) The initials must be:
(1) in ink on the back of the ballot, in the person's ordinary handwriting or printing, and
without a distinguishing mark of any kind; or
(2) in a vote center county using an electronic poll list:
(A) printed on the back of the ballot by a printer separate from the electronic poll list,
immediately before the ballot is delivered to the voter; and
(B) the initials of the county election board or the board's representatives captured
through the electronic signature pad or tablet at the time the county election board
or the board's representatives log into the electronic poll book system.
(g) A resolution adopted under subsection (e) may also provide that a precinct designation
is not required to be preprinted on absentee ballots printed immediately before the ballot is
delivered to a voter, but may be added in the same manner as the initials of the county
election board or the board's representatives under IC 3-11-4-19 are added under subsection
(f).
(h) No other initialing of the absentee ballot is necessary.
[Pre-1986 Recodification Citation: 3-1-22-21(b) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.20; P.L.3-1987, SEC.266;
P.L.10-1988, SEC.115; P.L.4-1991, SEC.99; P.L.3-1993, SEC.153; P.L.3-1997, SEC.308;
P.L.126-2002, SEC.73; P.L.263-2003, SEC.3; P.L.13-2014, SEC.3; P.L.55-2014, SEC.5;
P.L.169-2015, SEC.124; P.L.157-2019, SEC.24; P.L.193-2021, SEC.47; P.L.227-2023,
SEC.85.

IC 3-11-10-28 Voting before absentee voter board; handling ballot; privacy;

additional identifying information
Sec. 28. (a) A voter voting before an absentee voter board shall mark the voter's ballot in
the presence of the board, but not in such a manner that either of the members of the board
can see for whom the voter voted, unless the voter requests the help of the board in marking
a ballot under IC 3-11-9. The voter shall fold each ballot separately in a manner to conceal
the voter's markings.
(b) The voter shall then, in the presence of the board, place the ballot in an envelope
furnished by the county election board.
(c) The circuit court clerk shall provide, to the extent practicable, the same degree of
privacy to absentee voters voting at the office of the circuit court clerk as provided to voters
at the polls on election day.
(d) This subsection applies to a voter required to present additional information under
IC 3-7-33-4.5. If the voter does not present the required additional information before
receiving the absentee ballot, the absentee ballot shall be processed in accordance with
IC 3-11.5-4-3.5.
(e) This subsection applies to a voter required to present additional information under
IC 3-7-33-4.5. Upon accepting the completed absentee ballot from the voter, the board shall
provide the voter with a notice:
(1) listing the documentation the voter may submit to the county voter registration
office to comply with IC 3-7-33-4.5; and
(2) stating the address and hours of the county voter registration office.
[Pre-1986 Recodification Citation: 3-1-22-21(c) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.4-1991, SEC.100; P.L.8-1992, SEC.28;
P.L.209-2003, SEC.148; P.L.14-2004, SEC.126; P.L.221-2005, SEC.73; P.L.109-2021,
SEC.36.

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IC 3-11-10-29 Affidavit on face of envelope
Sec. 29. (a) The envelope required by section 28 of this chapter must bear upon its face
a printed affidavit containing the voter's affirmation under penalties of perjury that the
following information is true:
The voter must indicate the voter's precinct and township (or ward and city or town)
and indicate whether the voter is entitled to vote as a resident of the precinct or is
entitled to vote under IC 3-10-11 or IC 3-10-12.
(b) The voter must sign and date the affidavit, and the absentee voter board members each
must sign the affidavit and print the member's name.
(c) The absentee voter board must indicate on the affidavit if:
(1) the board visited the voter in the manner authorized under section 25(b) of this
chapter; and
(2) the voter was a voter with disabilities who was unable to make a voting mark on the
ballot or sign the absentee ballot secrecy envelope under section 24(d) of this chapter.
[Pre-1986 Recodification Citation: 3-1-22-21(c) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.17-1993, SEC.16; P.L.12-1995, SEC.86;
P.L.3-1995, SEC.109; P.L.194-2013, SEC.64; P.L.64-2014, SEC.55; P.L.109-2021, SEC.37.

IC 3-11-10-29.2 Applicability; casting absentee ballot at location or office after

closing or deadline
Sec. 29.2. (a) This section applies to a voter casting an absentee ballot at:
(1) the location of the office of the circuit court clerk designated by the circuit court
clerk under IC 3-11-10-26(a)(1);
(2) the office of the board of elections and registration under IC 3-11-10-26(b)(1); or
(3) a satellite office established under IC 3-11-10-26.3.
(b) When the hour for closing the location or office described in subsection (a) or the
deadline for voting established by IC 3-11-10-26 occurs, a voter who is:
(1) in the act of voting; or
(2) in line to vote, as determined in subsection (c);
shall be permitted to vote, if otherwise qualified to vote according to law.
(c) At the time described in subsection (b), an individual designated by the circuit court
clerk shall:
(1) determine the end of the line of voters who are waiting to vote; and
(2) use one (1) of the following methods to identify the voters in the line who may vote
if otherwise qualified to vote according to law:
(A) Write down the name of each voter.
(B) Stamp each voter's hand.
(C) Stand, or designate another individual to stand, immediately behind the last voter
who may vote.
As added by P.L.64-2014, SEC.56.

IC 3-11-10-29.5 Daily uploading vote history from electronic poll lists during
absentee voting
Sec. 29.5. Each day after absentee voting concludes in the circuit court clerk's office or
a satellite office, the county election board shall direct that the vote history be uploaded from
each electronic poll list into the computerized list.
As added by P.L.219-2013, SEC.50. Amended by P.L.109-2021, SEC.38.

IC 3-11-10-30 Repealed
[Pre-1986 Recodification Citation: 3-1-22-18 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.225-2011, SEC.64. Repealed by
P.L.109-2021, SEC.39.

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IC 3-11-10-31 Repealed
[Pre-1986 Recodification Citation: 3-1-22-18 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.194-2013, SEC.65; P.L.169-2015,
SEC.125. Repealed by P.L.109-2021, SEC.40.

IC 3-11-10-32 Repealed
[Pre-1986 Recodification Citation: 3-1-22-22 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.110; P.L.225-2011, SEC.65.
Repealed by P.L.109-2021, SEC.41.

IC 3-11-10-33 Repealed
[Pre-1986 Recodification Citation: 3-1-22-18 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.111. Repealed by
P.L.225-2011, SEC.93.

IC 3-11-10-34 Repealed
[Pre-1986 Recodification Citation: 3-1-22-22 part.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.278-2019, SEC.97.

IC 3-11-10-35 Repealed
[Pre-1986 Recodification Citation: 3-1-22-22 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.209-2003, SEC.149; P.L.221-2005,
SEC.74; P.L.194-2013, SEC.66. Repealed by P.L.278-2019, SEC.98.

IC 3-11-10-36 Repealed
[Pre-1986 Recodification Citation: 3-1-22-21(d) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.267; P.L.7-1990, SEC.49;
P.L.4-1991, SEC.101; P.L.3-1993, SEC.154; P.L.3-1997, SEC.309; P.L.14-2004, SEC.127.
Repealed by P.L.109-2021, SEC.42.

IC 3-11-10-37 Repealed
[Pre-1986 Recodification Citation: 3-1-22-21(d) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1997, SEC.310; P.L.14-2004, SEC.128;
P.L.216-2015, SEC.22. Repealed by P.L.278-2019, SEC.99.

IC 3-11-10-38 Absentee voter boards; compensation

Sec. 38. The voters appointed to the absentee voter boards under IC 3-11.5-4-22 shall be
compensated in the following manner:
(1) The boards that are sent to voters under section 25 of this chapter are entitled to a
per diem and a sum for mileage at a rate determined by the county fiscal body.
(2) The boards that are assigned to the circuit court clerk's office or a satellite facility
under section 26 or 26.3 of this chapter are entitled to a per diem at a rate set by the
county fiscal body.
[Pre-1986 Recodification Citation: 3-1-22-21(d) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.268; P.L.5-1989, SEC.58;
P.L.3-1995, SEC.112; P.L.10-1997, SEC.4; P.L.278-2019, SEC.100; P.L.109-2021, SEC.43;
P.L.227-2023, SEC.86.

IC 3-11-10-39 Absentee voter boards; training sessions; per diem for

attendance
Sec. 39. Each county election board shall conduct a training session for the members of
the absentee voter boards. A member of an absentee voter board must receive the training
before the member begins performing the member's duties. At the training session the duties

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of the absentee voter boards and the election laws and penalties pertaining to their duties
shall be explained in detail. The members of absentee voter boards are entitled to a per diem
set by the county executive for attending the training session.
[Pre-1986 Recodification Citation: 3-1-22-21.5.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.113; P.L.66-2003, SEC.42.

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IC 3-11-11 Chapter 11. Voting by Paper Ballot

3-11-11-1 Application of chapter

3-11-11-1.1 Paper ballot use by county election board
3-11-11-1.2 Education program to inform of effect of casting multiple votes for single
office
3-11-11-1.3 Use of electronic device to display sample ballots
3-11-11-1.5 Repealed
3-11-11-1.6 Repealed
3-11-11-1.7 Displaying sample ballots
3-11-11-1.8 Time of delivery to polls of ballots and equipment
3-11-11-1.9 Comparison of sample ballots with ones supplied; certification
3-11-11-2 Voting preparations; ballot box
3-11-11-3 Opening package of ballots; delivery of ballots and writing instrument
3-11-11-4 Initial of poll clerk on each ballot
3-11-11-5 Delivery of initialed ballots as voters call for them; voter to sign poll list
3-11-11-6 Delivery of ballots and writing instrument to voter; explanations
3-11-11-7 Standards to define a vote; voting procedure; marking; write-in votes
3-11-11-8 One voter in booth; additional instruction to voter in booth
3-11-11-9 Voting to be private; rights of voter in casting vote
3-11-11-10 Voting straight ticket; mark; count
3-11-11-10.5 Voting booth occupancy; time limits; refusal to leave
3-11-11-11 Folding of ballot before leaving booth or compartment; no exposure of face of
ballot; exposure of poll clerk's initials
3-11-11-12 Folding of ballot before leaving booth or compartment; improper folding; voter
to be directed to fold ballot properly
3-11-11-13 Return of pencil and delivery of ballot after leaving compartment
3-11-11-14 Deposit of ballots in ballot box
3-11-11-15 Repealed
3-11-11-16 Disclosure of ballot; record
3-11-11-17 Voter to leave polls after voting; requirement of voting or returning ballot;
procedure for handling ballot not cast by voter
3-11-11-18 Spoiling, defacing, or mutilating ballot; receipt of another ballot; record;
disposition of ballot
3-11-11-19 Repealed

IC 3-11-11-1 Application of chapter

Sec. 1. This chapter applies to each precinct where voting is by paper ballot.
[1986 Recodification Citation: New.]
As added by P.L.5-1986, SEC.7.

IC 3-11-11-1.1 Paper ballot use by county election board

Sec. 1.1. A county election board may use paper ballots:
(1) in any election;
(2) in all or in some of the precincts within a political subdivision holding an election;
and
(3) instead of or in combination with any other voting method.
As added by P.L.3-1987, SEC.269.

IC 3-11-11-1.2 Education program to inform of effect of casting multiple votes

for single office
Sec. 1.2. As required by 52 U.S.C. 21081, an election board must establish a voter
education program to notify a voter of the effect of casting multiple votes for a single office
on a paper ballot.
As added by P.L.209-2003, SEC.150. Amended by P.L.14-2004, SEC.129; P.L.164-2006,
SEC.110; P.L.128-2015, SEC.184.

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IC 3-11-11-1.3 Use of electronic device to display sample ballots
Sec. 1.3. For purposes of this chapter, an electronic device that is not an electronic poll
book may be used at a precinct or vote center to display a sample ballot. For purposes of
certification of voting systems under this article, an electronic device, the only function of
which is the display of sample ballots, is not considered to be a voting system or part of a
voting system.
As added by P.L.227-2023, SEC.87.

IC 3-11-11-1.5 Repealed
As added by P.L.3-1987, SEC.270. Amended by P.L.2-1996, SEC.186; P.L.3-1997, SEC.311.
Repealed by P.L.190-2011, SEC.13; P.L.225-2011, SEC.93.

IC 3-11-11-1.6 Repealed
As added by P.L.3-1987, SEC.271. Amended by P.L.2-1996, SEC.187; P.L.3-1997, SEC.312.
Repealed by P.L.225-2011, SEC.93.

IC 3-11-11-1.7 Displaying sample ballots

Sec. 1.7. (a) The county election board shall arrange sample ballots in the form of a
diagram showing:
(1) the political party and independent tickets;
(2) the offices to be filled;
(3) the names of the candidates; and
(4) the public questions;
in the same order in which they will occur on the official ballots printed under the jurisdiction
of the election division and the county election board. However, if presidential electors are
to be voted for at an election, then the ballot of each party or independent ticket must be in
the form prescribed by IC 3-10-4-1.
(b) Each county election board shall provide either or both of the following for each
precinct in the county:
(1) An adequate number of sample ballots.
(2) An electronic form of the sample ballot arranged under subsection (a), if the county
election board requires display of sample ballots using an electronic device under
section 1.3 of this chapter.
(c) This subsection applies to a county having a population of more than four hundred
thousand (400,000) and less than seven hundred thousand (700,000). At least ten (10) days
before an election, each county election board shall duplicate, distribute, and cause to be
posted copies of official sample ballots:
(1) received from the election division; and
(2) prepared by the county election board;
to schools, fire stations, county courthouses, and other public buildings in the county.
As added by P.L.3-1987, SEC.272. Amended by P.L.10-1988, SEC.116; P.L.7-1991, SEC.5;
P.L.12-1992, SEC.9; P.L.3-1993, SEC.155; P.L.2-1996, SEC.188; P.L.3-1997, SEC.313;
P.L.11-2023, SEC.11; P.L.227-2023, SEC.88.

IC 3-11-11-1.8 Time of delivery to polls of ballots and equipment

Sec. 1.8. Each county election board shall have the ballots and all necessary furniture and
appliances that go with the ballots at the polls delivered to the appropriate precinct not later
than 6 p.m. of the day before election day. The county executive shall provide transportation
for the material if requested to do so by the county election board.
As added by P.L.3-1987, SEC.273.

IC 3-11-11-1.9 Comparison of sample ballots with ones supplied; certification

Sec. 1.9. (a) Before the opening of the polls, the precinct election board shall compare the

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ballots with the sample ballots and determine whether the names, numbers, and letters are in
agreement. The board then shall certify that the ballots and the sample ballots are in
agreement. Forms shall be provided for certification, and the certification shall be filed with
the election returns.
(b) This subsection applies when the county election board provides a precinct with a
printed sample ballot under section 1.7 of this chapter. The inspector of each precinct, or a
person under the direction of the inspector, shall post sample ballots near the entrance of the
chute for the precinct. The ballots must be available for public inspection throughout election
day.
(c) This subsection applies when the county election board provides a precinct with an
electronic form of the sample ballot under section 1.7 of this chapter. The inspector of the
precinct, or a person under the direction of the inspector, shall post a notice near the entrance
of the chute for the precinct that the sample ballot for the precinct is available for review on
an electronic device. The sample ballot must be made available for public inspection
throughout election day.
(d) This subsection applies to a county using vote centers. Not later than the first date that
a voter may cast a ballot at a vote center, the county election board shall do both of the
following:
(1) Make the comparison between the sample ballots, regular official ballots, and
provisional ballots described in subsection (a).
(2) Certify that the ballots are in agreement.
A copy of the certification shall be entered into the minutes of the county election board.
(e) This subsection applies to a county using vote centers. The county election board shall
do both of the following:
(1) Have copies of each sample ballot for each precinct available for inspection by a
voter at each vote center.
(2) Post a notice in the vote center stating that sample ballots are available for
inspection upon request by the voter.
(f) This subsection applies to a county using vote centers when the county election board
provides the vote center with an electronic form of the sample ballot under section 1.7 of this
chapter. The inspector of the vote center, or a person under the direction of the inspector,
shall post a notice near the entrance of the chute for the vote center that the sample ballots
for each precinct in the county are available for review on an electronic device. The sample
ballots must be made available for public inspection throughout election day.
As added by P.L.3-1987, SEC.274. Amended by P.L.278-2019, SEC.101; P.L.227-2023,
SEC.89.

IC 3-11-11-2 Voting preparations; ballot box

Sec. 2. (a) On the morning of election day, the precinct election officers shall meet at the
polls at least one (1) hour before the time for opening the polls. The inspector then shall
have:
(1) the boundaries of the chute designated;
(2) the instruction cards and either the:
(A) sample ballots; or
(B) notice under section 1.9(c) or 1.9(f) of this chapter;
posted; and
(3) everything put in readiness for the commencement of voting at the opening of the
polls.
(b) At the opening of the polls, the inspector and judges shall see that there are no ballots
in the ballot box before the voting begins. After the inspection of the box, the inspector shall:
(1) securely lock the box;
(2) give one (1) key to the judge of the opposite political party; and
(3) retain one (1) key.

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 (c) Once securely locked, the ballot box may not be opened again until after the polls have
been closed and the precinct election board is ready to immediately proceed with the
counting, except as otherwise provided for central counting.
(d) The voting booths or compartments must be of a size and design to permit a voter to
mark ballots in secret.
[Pre-1986 Recodification Citation: 3-1-23-16 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.275; P.L.221-2005, SEC.75;
P.L.227-2023, SEC.90.

IC 3-11-11-3 Opening package of ballots; delivery of ballots and writing

instrument
Sec. 3. At the opening of the polls, after the organization of and in the presence of the
precinct election board, the inspector shall:
(1) open the packages of ballots in a manner that preserves the seals intact;
(2) deliver twenty-five (25) of each of the ballots to the poll clerk of the opposite
political party; and
(3) deliver to the other poll clerk a pen for marking the ballots.
[Pre-1986 Recodification Citation: 3-1-23-12 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.5-1989, SEC.59; P.L.3-1993, SEC.156;
P.L.278-2019, SEC.102.

IC 3-11-11-4 Initial of poll clerk on each ballot

Sec. 4. Upon receipt of the ballots and pen under section 3 of this chapter, the poll clerks
or assistant poll clerks immediately shall place their initials in ink on the back of each ballot.
The initials must be in the clerks' ordinary handwriting or printing and without a
distinguishing mark of any kind.
[Pre-1986 Recodification Citation: 3-1-23-12 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.276; P.L.3-1993, SEC.157.

IC 3-11-11-5 Delivery of initialed ballots as voters call for them; voter to

sign poll list
Sec. 5. Following the resolution of any challenge to a voter, as each successive voter calls
for a ballot, the poll clerks or assistant poll clerks shall deliver to the voter the first initialed
ballot. The inspector shall then deliver to the clerks another ballot, which the clerks shall
initial as before. The voter shall then sign the poll list.
[Pre-1986 Recodification Citation: 3-1-23-12 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.277; P.L.64-2014, SEC.57.

IC 3-11-11-6 Delivery of ballots and writing instrument to voter;

explanations
Sec. 6. (a) After a voter has signed the poll list, one (1) of the poll clerks or assistant poll
clerks shall deliver to the voter one (1) of each ballot that the voter is entitled to vote at the
election and one (1) pencil or pen. Both judges, on request, shall give an explanation of the
voting method. If necessary, a precinct election officer shall assist a voter in determining if
the proper initials appear on a ballot.
(b) As provided by 52 U.S.C. 21081, when a voter receives a paper ballot under this
section, the board must also provide the voter with:
(1) information concerning the effect of casting multiple votes for an office; and
(2) instructions on how to correct the ballot before the ballot is cast and counted,
including the issuance of replacement ballots.
[Pre-1986 Recodification Citation: 3-1-23-21 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.278; P.L.5-1989, SEC.60;
P.L.3-1993, SEC.158; P.L.209-2003, SEC.151; P.L.164-2006, SEC.111; P.L.128-2015,

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SEC.185.

IC 3-11-11-7 Standards to define a vote; voting procedure; marking;

write-in votes
Sec. 7. (a) This section is enacted to comply with 52 U.S.C. 21081 by establishing
uniform and nondiscriminatory standards to define what constitutes a vote on a paper ballot.
(b) After receiving ballots under section 6 of this chapter, a voter shall, without leaving
the room, go alone into one (1) of the booths or compartments that is unoccupied and
indicate:
(1) the candidates for whom the voter desires to vote by making a voting mark on or
in the squares immediately before the candidates' names; and
(2) the voter's preference on each public question by making a voting mark in front of
the word "yes" or "no" under the question.
(c) Write-in votes shall be cast by:
(1) making a voting mark on or in the square immediately before the space provided
for write-in voting; and
(2) printing the name of the candidate in the space provided for write-in voting.
[Pre-1986 Recodification Citation: 3-1-23-21 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.21; P.L.4-1991, SEC.102;
P.L.209-2003, SEC.152; P.L.128-2015, SEC.186.

IC 3-11-11-8 One voter in booth; additional instruction to voter in booth

Sec. 8. (a) Only one (1) voter may occupy a booth or compartment at one time. Booths
shall be constructed and arranged so that all members of the precinct election board can see
whether more than one (1) voter enters a booth at any one time. However, a voter who is a
parent, grandparent, or other person caring for a minor child may take the child into the
voting booth.
(b) If a voter needs additional instruction after entering the voting booth, the voter may
request assistance from the two (2) judges. The judges shall then approach but not enter the
voting booth and call out additional instructions to the voter.
[Pre-1986 Recodification Citation: 3-1-23-17(b) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.279; P.L.4-1991, SEC.103.

IC 3-11-11-9 Voting to be private; rights of voter in casting vote

Sec. 9. (a) A voter shall mark all ballots while screened from observation. The exterior
of a voting booth or compartment and each area of the polls must be in plain view of the
precinct election board. Each voting booth or compartment shall be placed so that a person
voting on the opposite side of the railing or a person on the outside of the polls cannot see
or determine how a voter votes. The inspector, judges, and poll clerks may not remain or
allow any other person to remain in a position or near a position that would permit them to
see or ascertain how a voter votes.
(b) As provided by 52 U.S.C. 21081, a voter casting a paper ballot under this section must
be:
(1) permitted to verify in a private and independent manner the votes selected by the
voter before the ballot is cast and counted;
(2) provided with the opportunity to change the ballot or correct any error in a private
and independent manner before the ballot is cast and counted, including the opportunity
to receive a replacement ballot if the voter is otherwise unable to change or correct the
ballot; and
(3) notified before the ballot is cast regarding the effect of casting multiple votes for
the office and provided an opportunity to correct the ballot before the ballot is cast and
counted.
[Pre-1986 Recodification Citation: 3-1-23-17(b) part.]

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As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.280; P.L.209-2003,
SEC.153; P.L.164-2006, SEC.112; P.L.128-2015, SEC.187.

IC 3-11-11-10 Voting straight ticket; mark; count

Sec. 10. If an election is a general or municipal election and a voter desires to vote for all
the candidates of one (1) political party or group of petitioners, the voter may make a voting
mark on or in a large circle enclosing the device and before the name under which the
candidates of the party are printed. The voter's vote shall then be counted for all the
candidates under that party name.
[Pre-1986 Recodification Citation: 3-1-23-21 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.22; P.L.3-1987, SEC.281;
P.L.3-1993, SEC.159; P.L.227-2023, SEC.91.

IC 3-11-11-10.5 Voting booth occupancy; time limits; refusal to leave

Sec. 10.5. (a) At a primary election, a voter may not remain in the voting booth longer
than five (5) minutes.
(b) At a general, municipal, or special election, a voter may not remain in the voting booth
longer than four (4) minutes.
(c) If a voter refuses to leave the voting booth after the lapse of the time provided under
subsection (a) or (b), the precinct election board, or the election sheriff or sheriffs upon the
order of the board, shall immediately remove the voter from the booth.
As added by P.L.3-1987, SEC.282. Amended by P.L.193-2021, SEC.48.

IC 3-11-11-11 Folding of ballot before leaving booth or compartment; no

exposure of face of ballot; exposure of poll clerk's initials
Sec. 11. Before leaving the booth or compartment, a voter shall fold each of the voter's
ballots separately so that:
(1) no part of the face of a ballot is exposed; and
(2) the initials of the poll clerks or assistant poll clerks are exposed.
[Pre-1986 Recodification Citation: 3-1-23-21 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.283.

IC 3-11-11-12 Folding of ballot before leaving booth or compartment;

improper folding; voter to be directed to fold ballot properly
Sec. 12. If a voter offers to vote a ballot folded so that it does not disclose the initials of
the poll clerks or assistant poll clerks while also not disclosing the face of the ballot, the
precinct election board shall direct the voter to return to the booth and fold the ballot
properly.
[Pre-1986 Recodification Citation: 3-1-23-21 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.284.

IC 3-11-11-13 Return of pencil and delivery of ballot after leaving

compartment
Sec. 13. After leaving the booth or compartment, a voter shall return the pencil to the poll
clerk or assistant poll clerk and display the initials on the ballots to the inspector (or to the
judge who is temporarily authorized to act for the inspector).
[Pre-1986 Recodification Citation: 3-1-23-21 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.285; P.L.1-1994, SEC.6.

IC 3-11-11-14 Deposit of ballots in ballot box

Sec. 14. Upon displaying the initials on the ballots to the inspector (or the judge who is
temporarily authorized to act for the inspector), the voter shall:
(1) deposit the ballots in the ballot box; or

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 (2) deliver the ballots to the inspector, who shall deposit the ballots in the ballot box.
[Pre-1986 Recodification Citation: 3-1-23-21 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.286.

IC 3-11-11-15 Repealed
[Pre-1986 Recodification Citation: 3-1-23-21 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.287. Repealed by
P.L.64-2014, SEC.58.

IC 3-11-11-16 Disclosure of ballot; record

Sec. 16. If a voter shows the voter's ballot or a part of the ballot to another person after
the ballot has been marked so as to disclose any of the candidates voted for or how the voter
voted on a public question, the ballot may not be deposited in a ballot box. A record of the
occurrence shall be made on the poll list, and the voter may not vote again at the election.
[Pre-1986 Recodification Citation: 3-1-23-21 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.117.

IC 3-11-11-17 Voter to leave polls after voting; requirement of voting or

returning ballot; procedure for handling ballot not cast by
voter
Sec. 17. (a) After voting, a voter shall leave the polls.
(b) If a voter leaves the booth without casting a ballot, a precinct election official shall:
(1) attempt to advise the voter not to leave the polls because the voter's ballot has not
been cast; and
(2) permit the voter to return to the booth to complete the process of casting the voter's
ballot.
(c) If the voter has left the polls, or declines to return to the booth, the inspector shall
direct both judges to enter into the booth and return the voter's ballot to the inspector. Upon
receiving the voter's ballot the inspector shall deposit the voter's ballot in the ballot box.
(d) After the voter's ballot has been deposited in the ballot box, the judges and the
inspector shall promptly complete a form prescribed under IC 3-5-4-8 containing the
following information:
(1) The name of the voter who left the polls without completing the process of casting
a ballot if the voter's name is known.
(2) The approximate time that the voter left the polls.
(3) Whether the voter was advised that the voter could return to the booth to complete
the casting of the ballot.
(4) A statement made under the penalties for perjury indicating that:
(A) the judges gave the voter's ballot to the inspector;
(B) the inspector deposited the voter's ballot in the ballot box; and
(C) the judges and the inspector did not make any alteration to the choices made by
the voter.
The form must be signed by the inspector and both judges.
[Pre-1986 Recodification Citation: 3-1-23-21 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.278-2019, SEC.103.

IC 3-11-11-18 Spoiling, defacing, or mutilating ballot; receipt of another

ballot; record; disposition of ballot
Sec. 18. A voter who by accident or mistake spoils, defaces, or mutilates the voter's ballot
may, by returning the ballot to the poll clerks or assistant poll clerks and satisfying them that
the spoiling, defacing, or mutilation was not intentional, receive another ballot. The poll
clerks or assistant poll clerks shall make a record of the fact on the poll list, and the ballot
shall then be marked "VOID" by the precinct election board in the presence of the voter and

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returned with the other election materials as required by IC 3-10-1-31.1.
[Pre-1986 Recodification Citation: 3-1-23-26 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.288; P.L.14-2004, SEC.130;
P.L.193-2021, SEC.49.

IC 3-11-11-19 Repealed
As added by P.L.3-1987, SEC.289. Repealed by P.L.10-1988, SEC.238.

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IC 3-11-12 Chapter 12. Repealed
[Pre-1986 Recodification Citations:
3-11-12-1 New
3-11-12-2 formerly 3-1-24-1 part
3-11-12-3 formerly 3-1-24-1 part
3-11-12-4 formerly 3-1-24-2 part
3-11-12-5 formerly 3-1-24-2 part
3-11-12-6 formerly 3-1-24-2 part
3-11-12-7 formerly 3-1-24-2 part
3-11-12-8 formerly 3-1-24-2 part
3-11-12-9 formerly 3-1-24-2 part
3-11-12-10 formerly 3-1-24-3
3-11-12-11 formerly 3-1-24-2 part
3-11-12-12 formerly 3-1-24-2 part
3-11-12-13 formerly 3-1-24-2.5 part
3-11-12-14 formerly 3-1-24-2.5 part
3-11-12-15 formerly 3-1-24-2.5 part
3-11-12-16 formerly 3-1-24-2.6 part
3-11-12-17 formerly 3-1-24-2.6 part
3-11-12-18 formerly 3-1-24-4(a)
3-11-12-19 formerly 3-1-24-4(f)
3-11-12-20 formerly 3-1-24-4(b)
3-11-12-21 formerly 3-1-24-4(c) part
3-11-12-22 formerly 3-1-24-4(c) part, (d) part
3-11-12-23 formerly 3-1-24-4(d) part
3-11-12-24 formerly 3-1-24-4(e) part
3-11-12-25 formerly 3-1-24-4(e) part
3-11-12-26 formerly 3-1-24-5
3-11-12-27 formerly 3-1-24-7 part
3-11-12-28 formerly 3-1-24-7 part
3-11-12-29 formerly 3-1-23-22
3-11-12-30 formerly 3-1-24-9(a) part
3-11-12-31 formerly 3-1-24-9(a) part
3-11-12-32 formerly 3-1-24-9(a) part
3-11-12-33 formerly 3-1-24-10 part
3-11-12-34 formerly 3-1-24-12 part
3-11-12-35 formerly 3-1-24-12 part
3-11-12-36 formerly 3-1-24-9(a) part
3-11-12-37 formerly 3-1-24-11
3-11-12-38 formerly 3-1-24-6 part
3-11-12-39 formerly 3-1-24-6 part.]
Repealed by P.L.221-2005, SEC.145.

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IC 3-11-13 Chapter 13. Voting by Ballot Card Voting System

3-11-13-1 Application of chapter

3-11-13-2 Permissible use of system; generally
3-11-13-3 Use of system at primary election; requisites
3-11-13-4 Repealed
3-11-13-4.5 Education program to inform of effect of casting multiple ballots for single
office
3-11-13-5 Repealed
3-11-13-6 Marking devices; preparation; time of system delivery to polls
3-11-13-7 Demonstration marking devices
3-11-13-7.5 Ballot marking devices; requirements
3-11-13-8 Marking of ballot cards in secret
3-11-13-9 Sample ballots; requirements
3-11-13-10 Displaying sample ballots
3-11-13-10.5 Use of electronic device to display sample ballots
3-11-13-11 Ballot information; arrangement
3-11-13-11.5 No quotation marks in formatting public questions on ballot
3-11-13-12 Ballot labels; office title with statement of number, name, and party
designation of candidates
3-11-13-13 Ballot labels; marking to indicate list of candidates continued on following
page
3-11-13-14 Straight party ticket voting; provision for single mark designation on ballot
3-11-13-15 Repealed
3-11-13-16 Rotation of names of candidates for nomination at primary election
3-11-13-17 Precinct to be provided ballot cards suitable for processing by automatic data
processing machines
3-11-13-18 Ballot cards for write-in voting; when not required; standards to define a vote
3-11-13-19 Ballot cards and secrecy envelopes; precinct number or designation; line for
poll clerk's initials
3-11-13-20 Repealed
3-11-13-21 Ballot cards to be used in primary election to be distinctively marked or be of
different color to distinguish party
3-11-13-22 Automatic tabulating machines; testing; reprinting or correction of ballots
requiring additional testing
3-11-13-23 Observation of machine tests; certification
3-11-13-24 Applicability of section to certain voting systems; testing machines;
requirements
3-11-13-24.5 Testing voting system tabulation
3-11-13-25 Testing machines; detection of error; determination of cause and correction
3-11-13-26 Sealing tabulating machines following completion of count
3-11-13-26.5 Instructional displays
3-11-13-27 Determination of system readiness; certification
3-11-13-27.5 Opening and delivering ballots and marking devices
3-11-13-28 Repealed
3-11-13-28.1 Applicability; initials of poll clerks on ballot card
3-11-13-28.2 Applicability; initials of poll clerks on ballot card
3-11-13-28.5 Poll clerk initials on ballot cards; information for voters on effect of casting
multiple votes for single office; correction of ballot by voter
3-11-13-28.7 Poll clerk initials on secrecy envelopes; standards to define a vote
3-11-13-29 Instructions to voters; location of instructions; rights of voter in casting ballot
3-11-13-30 Instructions to voter
3-11-13-31 Assisting voter in determining proper initials on ballot card
3-11-13-31.5 Visual placement of voting booths
3-11-13-31.6 Voting mark; instructions
3-11-13-31.7 Voting procedure; standards to define a vote
3-11-13-32 Additional instruction to voter after entering voting booth
3-11-13-32.5 Occupation of voting booth; time limits; refusal to leave
3-11-13-32.8 Disclosure of vote by voter before its registration; effect
3-11-13-33 Processing voted ballot; poll list entry of voting; procedure for handling ballot
not cast by voter

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 3-11-13-34 Repealed
3-11-13-34.5 Repealed
3-11-13-35 Defaced or defective ballot cards
3-11-13-36 Securing marking devices on closing of polls
3-11-13-37 Confirmation of count
3-11-13-38 Petition for confirmation of vote cast
3-11-13-39 Audit requirement
3-11-13-40 Certification of results of audit
3-11-13-41 Notice of audit
3-11-13-42 Municipal election use of ballot card voting system
3-11-13-43 Municipal elections where ballot card voting system supplied; supplies;
expenses
3-11-13-44 Appointment of person to observe preparation of automatic tabulating
machines; term; duties; compensation

IC 3-11-13-1 Application of chapter

Sec. 1. This chapter applies to each precinct where voting is by ballot card voting system.
[Pre-1986 Recodification Citation: 3-2-4-3(c) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.302.

IC 3-11-13-2 Permissible use of system; generally

Sec. 2. A county election board may use an approved ballot card voting system:
(1) in any election;
(2) in all or in some of the precincts within a political subdivision holding an election;
and
(3) instead of or in combination with any other voting method.
[Pre-1986 Recodification Citations: 3-2-4-3(c) part; 3-2-4-6(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.303.

IC 3-11-13-3 Use of system at primary election; requisites

Sec. 3. A ballot card voting system may be used at a primary election only if the
automatic tabulating machines for the system will:
(1) count only votes for the candidates of one (1) political party;
(2) reject all votes for an office when the number of votes for the office exceeds the
number that the voter is entitled to cast; and
(3) reject all votes cast for candidates of more than one (1) political party.
[Pre-1986 Recodification Citation: 3-2-4-3(b).]
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.23; P.L.3-1987, SEC.304.

IC 3-11-13-4 Repealed
[Pre-1986 Recodification Citation: 3-2-4-3(c) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.305. Repealed by
P.L.66-2003, SEC.55.

IC 3-11-13-4.5 Education program to inform of effect of casting multiple

ballots for single office
Sec. 4.5. As required by 52 U.S.C. 21081, an election board must establish a voter
education program to notify a voter of the effect of casting multiple ballots for a single office
on an optical scan ballot card tabulated at a central location.
As added by P.L.209-2003, SEC.155. Amended by P.L.164-2006, SEC.113; P.L.128-2015,
SEC.188.

IC 3-11-13-5 Repealed
[Pre-1986 Recodification Citation: 3-2-4-11.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.3-1987, SEC.570.

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IC 3-11-13-6 Marking devices; preparation; time of system delivery to polls
Sec. 6. (a) Before an election at which a ballot card voting system is used, a county
election board shall:
(1) have the marking devices prepared for the election;
(2) have the marking devices put in order, set and adjusted, and made ready for voting
when delivered to the precincts; and
(3) provide the precinct election officers with marking devices, a demonstration
marking device, ballot cards, ballot boxes, ballot labels, and other records and supplies
as required.
(b) While acting under subsection (a), the county election board may restrict access to
parts of the room where marking devices and other election material are being handled to
safeguard this material.
(c) Each county election board shall have each ballot card voting system, along with all
necessary furniture and appliances that go with the system at the polls, delivered to the
appropriate precinct not later than 6 p.m. of the day before election day. The county
executive shall provide transportation for the systems if requested to do so by the county
election board.
[Pre-1986 Recodification Citations: 3-2-4-4(a) part, (e) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.306; P.L.3-1997, SEC.320;
P.L.176-1999, SEC.79; P.L.239-2001, SEC.9; P.L.221-2005, SEC.76.

IC 3-11-13-7 Demonstration marking devices

Sec. 7. Demonstration marking devices may not bear the name of any candidate or the text
of any public question at an election.
[Pre-1986 Recodification Citation: 3-2-4-4(a) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.120.

IC 3-11-13-7.5 Ballot marking devices; requirements

Sec. 7.5. (a) This section applies to a marking device used in a voting system that:
(1) contains features of both a ballot card voting system and an electronic voting
system; and
(2) produces a ballot card with the voter's choices as selected by the voter and marked
on the card by the device.
(b) The interface of the marking device used with an optical scan voting system must
include all of the following:
(1) The information required by IC 3-11-14-3.5.
(2) The instructions required by IC 3-11-2-8.
(3) The information and instructions required by IC 3-11-2-10.
(c) A marking device must comply with the same disability access standards as an
electronic voting system under IC 3-11-15-13.6.
(d) Notwithstanding any other provision of this title, a ballot card used with a marking
device must have either preprinted or printed by the marking device the following:
(1) When the marking device is used for absentee voting under IC 3-11-10-26, the
circuit court clerk's signature and seal required by IC 3-11-10-27.
(2) When the marking device is used by a voter to cast a provisional ballot, the circuit
court clerk's signature and seal required by IC 3-11.7-1-7.
(3) A line or box for each poll clerk's initial as required by section 19 of this chapter.
(4) When the marking device is used during a primary election, the name of the
political party whose primary the voter is participating in or the word "nonpartisan" if
the voter is voting a ballot that contains only a public question certified by the county
election board under IC 3-10-9.
(e) If the voting system produces a ballot card, the ballot card must contain a summary
ballot scan of the voter's ballot that includes all of the following:

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 (1) The name or designation of each office on the voter's ballot.
(2) The name of the candidate and the candidate's political party selected by the voter.
(3) If the voter selects a straight party ticket, the name of the political party ticket the
voter selected.
(4) A description of the text of any public question or judicial retention question on the
voter's ballot that the county election board determines reasonably conveys the content
of the public question or judicial retention question and the response the voter selected
for each question.
The ballot card may contain additional information described in subsection (b).
(f) Notwithstanding any other provision of this chapter, a ballot card used with the
marking device may be a different dimension or size than other ballot cards:
(1) approved by the county election board for use in an election; and
(2) that are not designed to be marked by the marking device.
(g) A voter verifiable paper audit trail is not a marking device.
As added by P.L.109-2021, SEC.44.

IC 3-11-13-8 Marking of ballot cards in secret

Sec. 8. Unless the marking devices enable the voter to mark a ballot card in secret, a
sufficient number of voting booths for each precinct shall be provided. The booths must be
of a size and design so as to enable a voter to mark a ballot card in secret.
[Pre-1986 Recodification Citation: 3-2-4-4(a) part.]
As added by P.L.5-1986, SEC.7.

IC 3-11-13-9 Sample ballots; requirements

Sec. 9. (a) The public officials charged with the duty of providing ballot cards or ballot
labels shall also provide either or both of the following:
(1) Sample ballots.
(2) An electronic form of the sample ballot arranged under subsection (b), if the county
election board requires display of sample ballots using an electronic device under
section 10.5 of this chapter.
(b) A sample ballot must be:
(1) a copy of the official ballot cards or ballot labels;
(2) arranged in the form of a diagram showing the front of the marking device as it will
appear at the election; and
(3) altered so marks on the sample ballot cannot be counted as votes.
[Pre-1986 Recodification Citation: 3-2-4-4(b) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.190-2011, SEC.9; P.L.227-2023, SEC.92.

IC 3-11-13-10 Displaying sample ballots

Sec. 10. (a) This subsection applies when the county election board provides a precinct
with a printed sample ballot under section 9 of this chapter. The appropriate precinct election
officers shall post sample ballots near the entrance to the polls on election day and see that
they are available to public inspection throughout the day.
(b) This subsection applies when the county election board provides a precinct with an
electronic form of the sample ballot under section 9 of this chapter. The inspector of the
precinct, or a person under the direction of the inspector, shall post a notice near the entrance
of the chute for the precinct that the sample ballot for the precinct is available for review on
an electronic device. The sample ballot must be made available for public inspection
throughout election day.
(c) This subsection applies to a county using vote centers when the county election board
provides the vote center with an electronic form of the sample ballot under section 9 of this
chapter. The inspector of the vote center, or a person under the direction of the inspector,
shall post a notice near the entrance of the chute for the vote center that the sample ballots

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for each precinct in the county are available for review on an electronic device. The sample
ballots must be made available for public inspection throughout election day.
[Pre-1986 Recodification Citation: 3-2-4-4(b) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.227-2023, SEC.93.

IC 3-11-13-10.5 Use of electronic device to display sample ballots

Sec. 10.5. For purposes of this chapter, an electronic device that is not an electronic poll
book may be used at a precinct or vote center to display a sample ballot. For purposes of
certification of voting systems under this article, an electronic device, the only function of
which is the display of sample ballots, is not considered to be a voting system or part of a
voting system.
As added by P.L.227-2023, SEC.94.

IC 3-11-13-11 Ballot information; arrangement

Sec. 11. (a) The ballot information, whether placed on the ballot card or on the marking
device, must be in the order of arrangement provided for ballots under this section.
(b) Each county election board shall have the names of all candidates for all elected
offices, political party offices, and public questions printed on a ballot card as provided in
this chapter. The county may:
(1) print all offices and questions on a single ballot card; and
(2) include a ballot variation code to ensure that the proper version of a ballot is used
within a precinct.
(c) Each type of ballot card must be of uniform size and of the same quality and color of
paper (except as permitted under IC 3-10-1-17).
(d) The nominees of a political party or an independent candidate or independent ticket
(described in IC 3-11-2-6) nominated by petitioners shall be listed on the ballot with the
name and device set forth on the certification or petition. The circle containing the device
may be of any size that permits a voter to readily identify the device. IC 3-11-2-5 applies if
the certification or petition does not include a name or device, or if the same device is
selected by two (2) or more parties or petitioners.
(e) The offices and public questions on the general election ballot must be placed on the
ballot in the order listed in IC 3-11-2-12, IC 3-11-2-12.4, IC 3-11-2-12.5, IC 3-11-2-12.7(b),
IC 3-11-2-12.9(a), IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). The offices and public questions may
be listed in a continuous column either vertically or horizontally and on a number of separate
pages.
(f) The name of each office must be printed in a uniform size in bold type. A statement
reading substantially as follows must be placed immediately below the name of the office and
above the name of the first candidate:
(1) "Vote for one (1) only.", if only one (1) candidate is to be elected to the office.
(2) "Vote for not more than (insert the number of candidates to be elected) candidate(s)
for this office. To vote for any candidate for this office, you must make a voting mark
for each candidate you wish to vote for. A straight party vote will not count as a vote
for any candidate for this office.", if more than one (1) candidate is to be elected to the
office.
(g) Below the name of the office and the statement required by subsection (f), the names
of the candidates for each office must be grouped together in the following order:
(1) The major political party whose candidate received the highest number of votes in
the county for secretary of state at the last election is listed first.
(2) The major political party whose candidate received the second highest number of
votes in the county for secretary of state is listed second.
(3) All other political parties listed in the order that the parties' candidates for secretary
of state finished in the last election are listed after the party listed in subdivision (2).

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 (4) If a political party did not have a candidate for secretary of state in the last election
or a nominee is an independent candidate or independent ticket (described in
IC 3-11-2-6), the party or candidate is listed after the parties described in subdivisions
(1), (2), and (3).
(5) If more than one (1) political party or independent candidate or ticket described in
subdivision (4) qualifies to be on the ballot, the parties, candidates, or tickets are listed
in the order in which the party filed its petition of nomination under IC 3-8-6-12.
(6) A space for write-in voting is placed after the candidates listed in subdivisions (1)
through (5), if required by law.
(7) The name of a write-in candidate may not be listed on the ballot.
(h) The names of the candidates grouped in the order established by subsection (g) must
be printed in type with uniform capital letters and have a uniform space between each name.
The name of the candidate's political party, or the word "Independent" if the:
(1) candidate; or
(2) ticket of candidates for:
(A) President and Vice President of the United States; or
(B) governor and lieutenant governor;
is independent, must be placed immediately below or beside the name of the candidate and
must be printed in a uniform size and type.
(i) All the candidates of the same political party for election to at-large seats on the fiscal
or legislative body of a political subdivision must be grouped together:
(1) under the name of the office that the candidates are seeking;
(2) in the order established by subsection (g); and
(3) within the political party, in alphabetical order according to surname.
A statement reading substantially as follows must be placed immediately below the name of
the office and above the name of the first candidate: "Vote for not more than (insert the
number of candidates to be elected) candidate(s) of ANY party for this office.".
(j) Candidates for election to at-large seats on the governing body of a school corporation
must be grouped:
(1) under the name of the office that the candidates are seeking; and
(2) in alphabetical order according to surname.
A statement reading substantially as follows must be placed immediately below the name of
the office and above the name of the first candidate: "Vote for not more than (insert the
number of candidates to be elected) candidate(s) for this office.".
(k) The following information must be placed at the top of the ballot before the first
public question is listed:
(1) The cautionary statement described in IC 3-11-2-7.
(2) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d), and IC 3-11-2-10(e).
(l) The ballot must include a single connectable arrow, circle, oval, or square, or a voting
position for voting a straight party ticket by one (1) mark as required by section 14 of this
chapter, and the single connectable arrow, circle, oval, or square, or the voting position for
casting a straight party ticket ballot must be identified by:
(1) the name of the political party; ticket and
(2) immediately below or beside the political party's name, the device of that party
(described in IC 3-11-2-5).
The name and device of each political party must be of uniform size and type and arranged
in the order established by subsection (g) for listing candidates under each office. The
instructions described in IC 3-11-2-10(c) for voting a straight party ticket and the statement
concerning presidential electors required under IC 3-10-4-3 must be placed on the ballot
label. The instructions for voting a straight party ticket must include the statement: "If you
do not wish to vote a straight party ticket, do not make a mark in this section and proceed to
voting the ballot by office.".
(m) A public question must be in the form described in IC 3-11-2-15(a) and

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IC 3-11-2-15(b), except that a single connectable arrow, a circle, or an oval may be used
instead of a square. Except as expressly authorized or required by statute, a county election
board may not print a ballot card that contains language concerning the public question other
than the language authorized by a statute.
(n) The requirements in this section:
(1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to optical scan ballots.
(o) The procedure described in IC 3-11-2-16 must be used when a ballot does not comply
with the requirements imposed by this title or contains another error or omission that might
result in confusion or mistakes by voters.
(p) This subsection applies to an optical scan ballot that does not list:
(1) the names of political parties or candidates; or
(2) the text of public questions;
on the face of the ballot. The ballot must be prepared in accordance with this section, except
that the ballot must include a numbered circle or oval to refer to each political party,
candidate, or public question.
[Pre-1986 Recodification Citation: 3-2-4-4(c) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.307; P.L.58-2005, SEC.19;
P.L.164-2006, SEC.114; P.L.190-2011, SEC.10; P.L.194-2013, SEC.67; P.L.21-2016,
SEC.16; P.L.278-2019, SEC.104; P.L.141-2020, SEC.12; P.L.109-2021, SEC.45;
P.L.193-2021, SEC.50; P.L.227-2023, SEC.95.

IC 3-11-13-11.5 No quotation marks in formatting public questions on ballot

Sec. 11.5. A public question printed on a ballot shall be set forth without any quotation
marks preceding or following the text of the public question.
As added by P.L.109-2021, SEC.46.

IC 3-11-13-12 Ballot labels; office title with statement of number, name, and
party designation of candidates
Sec. 12. If ballot labels consist of a number of separate pages, the office title with a
statement of the number of candidates to be voted for may be printed above or at the side of
the name of each candidate for that office. Except in a primary election, the political party
designation or independent status of each candidate, which may be abbreviated, shall be
printed following the candidate's name.
[Pre-1986 Recodification Citation: 3-2-4-4(c) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1993, SEC.165.

IC 3-11-13-13 Ballot labels; marking to indicate list of candidates continued

on following page
Sec. 13. If there are more candidates for an office than can be printed on one (1) ballot
page, the ballot label shall be clearly marked that the list of candidates is continued on the
following page. Arrows and numbers may be used to indicate the place to vote for each
candidate and on each public question.
[Pre-1986 Recodification Citation: 3-2-4-4(c) part.]
As added by P.L.5-1986, SEC.7.

IC 3-11-13-14 Straight party ticket voting; provision for single mark

designation on ballot
Sec. 14. (a) In partisan elections, the ballot labels must include a voting square or position
where a voter may by one (1) voting mark on each card record a straight party ticket vote for
all the candidates of one (1) political party, except for offices for which the voter:
(1) is required to cast an individual vote for a candidate under IC 3-11-7-4(b); or

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 (2) has voted individually for a candidate for any other office.
(b) A ballot label must not include a voting square or position to permit a voter to cast a
straight party ticket for a political party if:
(1) there are no candidates of that political party; or
(2) the only candidates of the political party are for election to offices to which more
than one (1) individual is to be elected and which will not be credited with a vote under
IC 3-12-1-7 if a voter casts a straight party ticket.
[Pre-1986 Recodification Citation: 3-2-4-4(c) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1993, SEC.166; P.L.221-2005, SEC.77;
P.L.21-2016, SEC.17; P.L.109-2021, SEC.47; P.L.227-2023, SEC.96.

IC 3-11-13-15 Repealed
[Pre-1986 Recodification Citation: 3-2-4-4.5 part.]
As added by P.L.5-1986, SEC.7. Repealed by P.L.3-1987, SEC.570.

IC 3-11-13-16 Rotation of names of candidates for nomination at primary

election
Sec. 16. If a county election board requires that the names of candidates for nomination
at a primary election be rotated alphabetically on the marking devices, then the names shall
be rotated by precincts in regular serial sequence, so that each name of a list or group of
candidates for an office appears upon the marking devices an equal number of times, as
nearly as practicable, at the top, at the bottom, and in each intermediate place under the title
of the office sought. Each type card within a precinct must be of the same rotation series.
[Pre-1986 Recodification Citation: 3-2-4-4.5 part.]
As added by P.L.5-1986, SEC.7.

IC 3-11-13-17 Precinct to be provided ballot cards suitable for processing by

automatic data processing machines
Sec. 17. Each county election board shall provide each precinct where a ballot card voting
system is used with a sufficient number of ballot cards of the size, design, and stock suitable
for processing by automatic data processing machines.
[Pre-1986 Recodification Citation: 3-2-4-4(d) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.308.

IC 3-11-13-18 Ballot cards for write-in voting; when not required; standards
to define a vote
Sec. 18. (a) Except as provided in subsection (d), the county election board in a county
using a ballot card voting system shall provide ballot cards to the precinct election board that
permit voters to cast write-in votes for each officer to be voted for at that election.
(b) The ballot cards provided under subsection (a) must be:
(1) designed to be folded; or
(2) accompanied by a secrecy envelope;
to ensure the secrecy of each of the votes cast by a voter.
(c) This subsection is enacted to comply with 52 U.S.C. 21081 by establishing uniform
and nondiscriminatory standards to define what constitutes a vote on an optical scan voting
system. Except as provided in subsection (d), a write-in vote shall be cast by making a voting
mark on the appropriate place on the ballot and printing the name of the candidate and the
title of the office (if the title of the office is not already printed on the ballot) in the space
provided for write-in votes on a ballot card or secrecy envelope.
(d) Space for write-in voting for an office is not required if:
(1) there are no declared write-in candidates for that office; or
(2) the marking device allows for entry of a write-in candidate that can be read by a
tabulator.

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However, procedures must be implemented to permit write-in voting for candidates for
federal offices.
[Pre-1986 Recodification Citation: 3-2-4-4(d) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.4-1991, SEC.106; P.L.38-1999, SEC.47;
P.L.176-1999, SEC.80; P.L.239-2001, SEC.10; P.L.209-2003, SEC.156; P.L.14-2004,
SEC.131; P.L.221-2005, SEC.78; P.L.13-2014, SEC.4; P.L.128-2015, SEC.189;
P.L.278-2019, SEC.105.

IC 3-11-13-19 Ballot cards and secrecy envelopes; precinct number or

designation; line for poll clerk's initials
Sec. 19. (a) Each circuit court clerk shall have printed on each ballot used in a precinct
the precinct number or designation.
(b) Except as provided in subsections (c) and (d), each circuit court clerk shall print or
stamp the precinct number or designation and a line for each poll clerk's initials on both a
ballot card and the ballot card's secrecy envelope before the election.
(c) In a vote center county using an electronic poll list, the circuit court clerk shall not
print or stamp the poll clerk's initials required by subsection (b) if the printed initials of the
poll clerks captured through the electronic signature pad or tablet at the time the poll clerks
log into the electronic poll book system are printed by a printer separate from the electronic
poll list on the back of each ballot card immediately before the ballot card is delivered to the
voter.
(d) In a vote center county using an electronic poll book, the circuit court clerk may print
or stamp the precinct number or designation:
(1) before the election as provided by subsection (b); or
(2) at the time the ballot card is printed immediately before the ballot card is delivered
to a voter as provided by subsection (c).
[Pre-1986 Recodification Citation: 3-2-4-4(d) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.4-1991, SEC.107; P.L.55-2014, SEC.6;
P.L.169-2015, SEC.126; P.L.193-2021, SEC.51.

IC 3-11-13-20 Repealed
[Pre-1986 Recodification Citation: 3-2-4-4(d) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.26-2000, SEC.15; P.L.239-2001, SEC.11;
P.L.209-2003, SEC.157. Repealed by P.L.221-2005, SEC.145.

IC 3-11-13-21 Ballot cards to be used in primary election to be distinctively

marked or be of different color to distinguish party
Sec. 21. In a primary election, the ballot cards of each political party must be distinctively
marked or be of a different color so that the ballot cards of each party are easily
distinguishable.
[Pre-1986 Recodification Citation: 3-2-4-4(d) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.199-2001, SEC.25.

IC 3-11-13-22 Automatic tabulating machines; testing; reprinting or

correction of ballots requiring additional testing
Sec. 22. (a) This section applies to:
(1) a ballot card voting system; and
(2) a voting system that includes features of a ballot card voting system and a direct
record electronic voting system.
(b) Not later than seventy-four (74) days before election day, for each county planning
to use automatic tabulating machines at the next election, VSTOP shall provide each county
election board with a randomly sorted list of unique identification numbers for the inventory
of machines in the county maintained under IC 3-11-16-4. Starting at the top of the list, the

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county election board shall select machines in the list in the order listed so that:
(1) if a machine to be selected in the list is not scheduled to be used in the upcoming
election, the selection process will move to the next machine in the order listed;
(2) each selected machine is scheduled to be used in the upcoming election; and
(3) the number of machines selected is not less than five percent (5%) of the machines
in the county scheduled by the county election board to be used in the upcoming
election.
(c) The county election board shall test the machines as described in subsection (b) to
ascertain that the machines will correctly count the votes cast for straight party tickets, for
all candidates (including write-in candidates), and on all public questions. If an individual
attending the public test requests that additional automatic tabulating machines be tested, then
the county election board shall select and test additional machines from the list in the manner
described in subsection (b).
(d) If VSTOP does not provide the lists under subsection (b) not later than sixty (60) days
before the election, the county election board shall establish and implement a procedure for
random selection of not less than five percent (5%) of the machines in the county to be used
in the upcoming election. The county election board shall then test the machines selected as
described in subsection (c).
(e) Not later than seven (7) days after conducting the test under subsection (c), the county
election board shall certify to the election division that the test has been conducted in
conformity with subsection (c). The testing under subsection (c) must begin before absentee
voting begins in the office of the circuit court clerk under IC 3-11-10-26.
(f) Public notice of the time and place shall be given at least forty-eight (48) hours before
the test. The notice shall be published once in accordance with IC 5-3-1-4.
(g) If a county election board determines that:
(1) a ballot:
(A) must be reprinted or corrected as provided by IC 3-11-2-16 because of the
omission of a candidate, political party, or public question from the ballot; or
(B) is an absentee ballot that a voter is entitled to recast under IC 3-11.5-4-2 because
the absentee ballot includes a candidate for election to office who:
(i) ceased to be a candidate; and
(ii) has been succeeded by a candidate selected under IC 3-13-1 or IC 3-13-2; and
(2) ballots used in the test conducted under this section were not reprinted or corrected
to remove the omission of a candidate, political party, or public question, or indicate
the name of the successor candidate;
the county election board shall conduct an additional public test described in subsection (c)
using the reprinted or corrected ballots. Notice of the time and place of the additional test
shall be given in accordance with IC 5-14-1.5, but publication of the notice in accordance
with IC 5-3-1-4 is not required.
(h) Notwithstanding IC 3-5-4-1.7, a county election board may send a signed form from
a public test to the election division by electronic mail or fax.
[Pre-1986 Recodification Citation: 3-2-4-4(f) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.24; P.L.176-1999, SEC.81;
P.L.26-2000, SEC.16; P.L.169-2015, SEC.127; P.L.74-2017, SEC.52; P.L.100-2018, SEC.6;
P.L.71-2019, SEC.14; P.L.278-2019, SEC.106; P.L.135-2020, SEC.4; P.L.227-2023,
SEC.97.

IC 3-11-13-23 Observation of machine tests; certification

Sec. 23. (a) The two (2) appointed members of the county election board shall observe
the test required by section 22 of this chapter and certify the test as meeting the requirements
of section 22 of this chapter.
(b) A copy of the certification of the test conducted under section 22 of this chapter shall
be filed with the election returns.

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 (c) The test must be open to representatives of political parties, candidates, the media, and
the public.
[Pre-1986 Recodification Citation: 3-2-4-4(f) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.25; P.L.2-1996, SEC.193;
P.L.3-1997, SEC.321; P.L.176-1999, SEC.82; P.L.26-2000, SEC.17; P.L.14-2004, SEC.132;
P.L.71-2019, SEC.15.

IC 3-11-13-24 Applicability of section to certain voting systems; testing

machines; requirements
Sec. 24. (a) This subsection applies to a ballot card voting system. The test required by
section 22 of this chapter must:
(1) be conducted by processing a preaudited group of ballot cards marked so as to
record a predetermined number of valid votes for each candidate and on each public
question;
(2) include for each office one (1) or more ballot cards that have votes in excess of the
number allowed by law in order to test the ability of the automatic tabulating machines
to reject the votes; and
(3) include at least one (1) ballot from three (3) different precincts where an election
will be conducted.
(b) This subsection applies to a voting system that includes features of a ballot card voting
system and a direct record electronic voting system. The test required by section 22 of this
chapter must:
(1) be conducted by the entry of:
(A) a preaudited group of ballots; and
(B) at least ten (10) ballots cast by using the headphone or a sip/puff device;
so as to record a predetermined number of valid votes for each candidate and on each
public question; and
(2) include at least one (1) ballot for each office and public question that has votes in
excess of the number allowed by law in order to test the ability of the voting system to
reject the overvotes.
[Pre-1986 Recodification Citation: 3-2-4-4(f) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.26; P.L.26-2000, SEC.18;
P.L.221-2005, SEC.79; P.L.169-2015, SEC.128; P.L.193-2021, SEC.52.

IC 3-11-13-24.5 Testing voting system tabulation

Sec. 24.5. Immediately following the completion of the test required by section 22 of this
chapter, the county election board shall enter the vote totals from the voting system tabulator
tested under this chapter into the component of the voting system used by the county election
board to tabulate and canvass the election results under IC 3-12-4. The board shall determine
whether the component of the voting system properly tabulates and determines:
(1) the votes cast in each of the precincts; and
(2) the total for each candidate and public question on the ballots tested under this
chapter.
As added by P.L.193-2021, SEC.53.

IC 3-11-13-25 Testing machines; detection of error; determination of cause

and correction
Sec. 25. If an error is detected during the test required by section 22 of this chapter, the
cause of the error shall be determined and corrected, and an errorless count shall be made
before the automatic tabulating machines are approved.
[Pre-1986 Recodification Citation: 3-2-4-4(f) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.27; P.L.5-1988, SEC.9;
P.L.26-2000, SEC.19.

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IC 3-11-13-26 Sealing tabulating machines following completion of count
Sec. 26. After completion of the count, the tabulating machines shall be sealed as
provided in IC 3-12-3-10. The ballot cards and all other election materials shall be sealed,
retained, and disposed of as provided for paper ballots.
[Pre-1986 Recodification Citation: 3-2-4-4(f) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.28; P.L.3-1987, SEC.309;
P.L.176-1999, SEC.83; P.L.26-2000, SEC.20; P.L.221-2005, SEC.80.

IC 3-11-13-26.5 Instructional displays

Sec. 26.5. (a) Each county election board may make available at convenient places
throughout the county ballot card voting systems for the instruction of the voters. The board
shall locate the systems at places where people usually assemble, such as shopping centers.
The board shall have the systems attended at convenient hours designated by the board by
persons able to instruct others in their use. The county chairmen of the major political parties
of the state must approve the persons attending the systems under this section.
(b) Each ballot card voting system used for instructional purposes must contain the names
of all candidates and a description of all public questions as they will appear on the official
sample ballot for the system on election day. However, the system may not be set to record
a tally or total.
As added by P.L.3-1987, SEC.310. Amended by P.L.3-1993, SEC.167.

IC 3-11-13-27 Determination of system readiness; certification

Sec. 27. (a) After the delivery of a ballot card voting system to a precinct or vote center,
the precinct election board may meet at the polls on the same day and open the package
containing the sample ballot cards, to determine whether the system is ready for use in
accordance with section 16 of this chapter. If a ballot card voting system is not in compliance
with that section, the board shall immediately label, set and adjust, and place the system in
order or have it done.
(b) While acting under subsection (a), the precinct election board may restrict access to
parts of the room where marking devices and other election material are being handled to
safeguard this material.
(c) On the morning of election day, the precinct election officers shall meet at the polls
at least one (1) hour before the time for opening the polls. The inspector then shall have:
(1) the boundaries of the chute designated;
(2) the instruction cards and either the:
(A) sample ballots; or
(B) notice under section 10(b) or 10(c) of this chapter;
posted; and
(3) everything put in readiness for the commencement of voting at the opening of the
polls.
(d) Before the opening of the polls, the precinct election officers shall do the following:
(1) Compare the ballot cards used in the marking device with the sample ballots
furnished and determine whether the names, numbers, and letters are in agreement.
(2) Determine that the system records that zero (0) votes have been cast for each
candidate and on each public question.
(3) Assure that the system is otherwise in perfect order.
(e) The officers then shall certify that:
(1) the marking device and the sample ballots are in agreement;
(2) the system records zero (0) votes cast; and
(3) the system appears to be in perfect order.
Forms shall be provided for certification, and the certification shall be filed with the election
returns.
(f) This subsection applies to a county using vote centers. Not later than the first date that

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a voter may cast a ballot at a vote center, the county election board shall do both of the
following:
(1) Make the comparison between the sample ballots, regular official ballots, and
provisional ballots as provided in subsection (d).
(2) Certify that the ballots are in agreement.
A copy of the certification shall be entered into the minutes of the county election board.
(g) This subsection applies to a county using vote centers. The county election board shall
do all of the following:
(1) Have copies of each sample ballot for each precinct available for inspection by a
voter at each vote center.
(2) Post a notice in the vote center stating that sample ballots are available for
inspection upon request by the voter.
(3) Determine that the system records that zero (0) votes have been cast for each
candidate and on each public question and complete the required certification under
subsection (e).
[Pre-1986 Recodification Citation: 3-2-4-4(e) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.311; P.L.3-1997, SEC.322;
P.L.221-2005, SEC.81; P.L.278-2019, SEC.107; P.L.227-2023, SEC.98.

IC 3-11-13-27.5 Opening and delivering ballots and marking devices

Sec. 27.5. At the opening of the polls, after the organization of and in the presence of the
precinct election board, the inspector shall:
(1) open the packages of ballot cards in a manner that preserves the seals intact;
(2) deliver fifty (50) of each of the state and local ballots to the poll clerk representing
the opposite political party; and
(3) deliver to the other poll clerk a device for marking the ballots.
As added by P.L.3-1987, SEC.312. Amended by P.L.176-1999, SEC.84.

IC 3-11-13-28 Repealed
[Pre-1986 Recodification Citation: 3-2-4-4(e) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.313; P.L.3-1993, SEC.168;
P.L.176-1999, SEC.85; P.L.13-2014, SEC.5; P.L.55-2014, SEC.7. Repealed by P.L.76-2014,
SEC.39.

IC 3-11-13-28.1 Applicability; initials of poll clerks on ballot card

Sec. 28.1. (a) This section does not apply:
(1) to a ballot card voted by absentee ballot; or
(2) in a county using an electronic poll book and a printer separate from the electronic
poll book.
(b) Except as provided in subsection (c), the two (2) poll clerks of each precinct shall
place their initials in ink on the back of each ballot card:
(1) at the time the card is issued to a voter; or
(2) in the case of a ballot marked by a marking device for an optical scan ballot, before
the ballot is placed into the tabulating device.
The initials must be in the poll clerks' ordinary handwriting or printing and without a
distinguishing mark of any kind.
(c) In a county using an electronic poll list and a printer separate from the electronic poll
list, the printed initials of the poll clerks captured through the electronic signature pad or
tablet at the time the poll clerks log into the electronic poll book system may be printed by
a printer separate from the electronic poll list on the back of each ballot card immediately
before the ballot card is delivered to the voter.
(d) Except as provided in IC 3-12-1-12, a ballot card is not valid unless, immediately
before the ballot card is delivered to the voter:

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 (1) the ballot card is initialed by both poll clerks; or
(2) the initials of both poll clerks are printed on the back of the ballot card in
accordance with subsection (c).
As added by P.L.76-2014, SEC.40. Amended by P.L.278-2019, SEC.108.

IC 3-11-13-28.2 Applicability; initials of poll clerks on ballot card

Sec. 28.2. (a) This section:
(1) does not apply to a ballot card voted by absentee ballot; and
(2) applies in a vote center county using an electronic poll book and a printer separate
from the electronic poll book.
(b) The printed initials of the poll clerks captured through the electronic signature pad or
tablet at the time the poll clerks log onto the electronic poll book system may be printed by
a printer separate from the electronic poll book on the back of each ballot card immediately
before the ballot card is delivered to the voter.
(c) Except as provided in IC 3-12-1-12, a ballot card is not valid unless immediately
before the ballot card is delivered to the voter:
(1) the ballot card is initialed by both poll clerks; and
(2) the initials of both poll clerks are printed on the back of the ballot in accordance
with subsection (b).
As added by P.L.76-2014, SEC.41.

IC 3-11-13-28.5 Poll clerk initials on ballot cards; information for voters on

effect of casting multiple votes for single office; correction of
ballot by voter
Sec. 28.5. (a) Unless challenged, a voter may proceed to vote.
(b) This subsection does not apply in a precinct where a marking device for an optical
scan ballot is being used. As each successive voter calls for a ballot, the poll clerks shall
deliver to the voter the first initialed ballot of each type. The inspector shall then deliver to
the poll clerks another ballot of each type, which the clerks shall initial as before.
(c) This subsection applies to an optical scan ballot card ballot tabulated at a central
location. As provided by 52 U.S.C. 21081, when a voter receives an optical scan ballot card
ballot, the board must also provide the voter with:
(1) information concerning the effect of casting multiple votes for an office; and
(2) instructions on how to correct the ballot before the ballot is cast and counted,
including the issuance of replacement ballots.
As added by P.L.3-1987, SEC.314. Amended by P.L.4-1996, SEC.70; P.L.38-1999, SEC.48;
P.L.176-1999, SEC.86; P.L.239-2001, SEC.12; P.L.209-2003, SEC.158; P.L.221-2005,
SEC.82; P.L.164-2006, SEC.115; P.L.13-2014, SEC.6; P.L.128-2015, SEC.190.

IC 3-11-13-28.7 Poll clerk initials on secrecy envelopes; standards to define a

vote
Sec. 28.7. (a) The two (2) poll clerks of each precinct shall place their initials in ink on
the secrecy envelope of a ballot card (or on the fold-over part of a ballot card described in
section 18(b)(1) of this chapter) at the time the card is issued to a voter. The initials must be
in the poll clerk's ordinary handwriting or printing and without a distinguishing mark of any
kind.
(b) This subsection is enacted to comply with 52 U.S.C. 21081 by establishing uniform
and nondiscriminatory standards to define what constitutes a vote on an optical scan voting
system. A write-in vote cast on a secrecy envelope or fold-over envelope:
(1) is not valid unless:
(A) the secrecy envelope is initialed by both poll clerks; and
(B) the vote includes both the name of the write-in candidate and the office for which
the write-in vote is cast; and

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 (2) makes the secrecy envelope or fold-over envelope a ballot for purposes of this title.
As added by P.L.4-1991, SEC.108. Amended by P.L.3-1993, SEC.169; P.L.3-1997,
SEC.323; P.L.176-1999, SEC.87; P.L.209-2003, SEC.159; P.L.221-2005, SEC.83;
P.L.128-2015, SEC.191.

IC 3-11-13-29 Instructions to voters; location of instructions; rights of voter

in casting ballot
Sec. 29. (a) In addition to the instructions printed on the ballot card or ballot labels,
instructions to voters shall be posted in each voting booth or placed on the marking device.
Each voter shall be instructed by both judges, on request, on how to operate the voting device
before the voter enters the voting booth.
(b) The instructions posted in the voting booth or placed on the marking device must state
the following:
(1) That the voter should examine the ballot card to determine whether the back of the
ballot card has:
(A) the initials of the poll clerks in ink; or
(B) the printed initials of the poll clerks, in a vote center county using an electronic
poll list and a printer separate from the electronic poll list that prints on the back of
each ballot card, immediately before the ballot card is delivered to the voter, the
printed initials of the poll clerks captured through the electronic signature pad or
tablet at the time the poll clerks log into the electronic poll book system.
(2) That the voter should not make an unnecessary mark on the ballot card because the
mark may void the card.
(3) That the voter should examine the ballot card to determine if the card has any mark
(other than the initials of the poll clerks) before voting.
(4) That the voter should return the ballot card to the poll clerks and request another
ballot card if:
(A) the poll clerks' initials have not been properly placed on the card;
(B) the card has a mark (other than the initials of the poll clerks) before the voter
places a voting mark on the ballot; or
(C) the voter has improperly marked the card.
(5) That the voter should examine the ballot card after voting to determine that all
marks made on the card to indicate the voter's selections have been completely marked.
(c) As provided by 52 U.S.C. 21081, a voter casting an optical scan ballot card under this
section must be:
(1) permitted to verify in a private and independent manner the votes selected by the
voter before the ballot is cast and counted;
(2) provided the opportunity to change the ballot or correct any error in a private and
independent manner before the ballot is cast and counted, including the opportunity to
receive a replacement ballot if the voter is otherwise unable to change or correct the
ballot; and
(3) notified before the ballot is cast regarding the effect of casting multiple votes for
the office and provided an opportunity to correct the ballot before the ballot is cast and
counted.
[Pre-1986 Recodification Citation: 3-2-4-4(e) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.315; P.L.209-2003,
SEC.160; P.L.221-2005, SEC.84; P.L.164-2006, SEC.116; P.L.55-2014, SEC.8;
P.L.128-2015, SEC.192.

IC 3-11-13-30 Instructions to voter

Sec. 30. When a voter is handed a ballot card, the voter shall be instructed to:
(1) use only the marking device provided for marking the cards and that the voter is not
to mark a card in any other way;

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 (2) be certain that the initials of the poll clerks appear on the voter's card and that if the
initials are not on the card it will not be counted, except as provided by IC 3-12-1-12;
and
(3) place the voter's card in an envelope after the voter has voted or to fold the card in
a manner so that no card is exposed upon which a choice is indicated.
[Pre-1986 Recodification Citation: 3-2-4-4(e) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.176-1999, SEC.88; P.L.221-2005, SEC.85.

IC 3-11-13-31 Assisting voter in determining proper initials on ballot card

Sec. 31. If necessary, a precinct election officer shall assist a voter in determining if the
proper initials appear on a ballot card.
[Pre-1986 Recodification Citation: 3-2-4-4(e) part.]
As added by P.L.5-1986, SEC.7.

IC 3-11-13-31.5 Visual placement of voting booths

Sec. 31.5. (a) The exterior of a voting booth or compartment and each area of the polls
must be in plain view of the precinct election board. Each voting booth or compartment shall
be placed so that a person voting on the opposite side of the railing or a person on the outside
of the polls cannot see or determine how a voter votes. The inspector, judges, and poll clerks
may not remain or allow any other person to remain in a position or near a position that
would permit them to see or ascertain how a voter votes.
(b) Only one (1) voter may occupy a booth or compartment at one time. Booths shall be
constructed and arranged so that all members of the precinct election board can see whether
more than one (1) voter enters a booth at any one time. However, a voter who is a parent,
grandparent, or other person caring for a minor child may take the child into the voting
booth.
As added by P.L.3-1987, SEC.316. Amended by P.L.74-2017, SEC.53.

IC 3-11-13-31.6 Voting mark; instructions

Sec. 31.6. Whenever a ballot card 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.225-2011, SEC.66.

IC 3-11-13-31.7 Voting procedure; standards to define a vote

Sec. 31.7. (a) This section is enacted to comply with 52 U.S.C. 21081 by establishing
uniform and nondiscriminatory standards to define what constitutes a vote on an optical scan
voting system.
(b) After receiving ballot cards, a voter shall, without leaving the room, go alone into one
(1) of the booths or compartments that is unoccupied and indicate:
(1) the candidates for whom the voter desires to vote by marking the connectable
arrows, circles, ovals, or squares immediately beside:
(A) the candidates' names; or
(B) the numbers referring to the candidates; and
(2) the voter's preference on each public question by marking the connectable arrow,
oval, or square beside:
(A) the word "yes" or "no" under the question; or
(B) the number referring to the word "yes" or "no" on the ballot.
(c) If an election is a general or municipal election and a voter desires to vote for all the
candidates of one (1) political party, the voter may mark:
(1) the circle enclosing the device; or
(2) the connectable arrow, circle, oval, or square described in section 11 of this chapter;

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that designates the candidates of that political party. Except as provided by IC 3-11-7-4(b),
the voter's vote shall then be counted for all the candidates of that political party. However,
if the voter marks the circle, arrow, oval, or square of an independent ticket (described in
IC 3-11-2-6), the vote shall not be counted for any other independent candidate on the ballot.
(d) This subsection applies to a voter casting a ballot on a voting system that includes
features of both an optical scan ballot card voting system and a direct record electronic
voting system. After entering into a booth used with the voting system, the voter shall
indicate the candidates for whom the voter desires to vote and the voter's preference on each
public question by:
(1) inserting a paper ballot or an optical scan ballot into the voting system; or
(2) using headphones to listen to a recorded list of political parties, candidates, and
public questions.
(e) A voter using a voting system described in subsection (d) may indicate the voter's
selections by:
(1) touching a device on or in the squares immediately adjacent to the name of a
political party, candidate, or response to a public question; or
(2) indicating the voter's choices by using a sip puff device that enables the voter to
indicate a choice by inhaling or exhaling.
As added by P.L.3-1987, SEC.317. Amended by P.L.3-1993, SEC.170; P.L.176-1999,
SEC.89; P.L.209-2003, SEC.161; P.L.58-2005, SEC.20; P.L.221-2005, SEC.86;
P.L.76-2014, SEC.42; P.L.128-2015, SEC.193; P.L.21-2016, SEC.18; P.L.227-2023,
SEC.99.

IC 3-11-13-32 Additional instruction to voter after entering voting booth

Sec. 32. If a voter needs additional instruction after entering the voting booth, the voter
may request assistance from the two (2) judges. The judges shall then approach but not enter
the booth and call out the additional instructions to the voter.
[Pre-1986 Recodification Citation: 3-2-4-4(e) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.318.

IC 3-11-13-32.5 Occupation of voting booth; time limits; refusal to leave

Sec. 32.5. (a) At a primary election, a voter may not remain in the voting booth or
compartment longer than five (5) minutes.
(b) At a general, municipal, or special election, a voter may not remain in the voting booth
or compartment longer than four (4) minutes.
(c) If a voter refuses to leave a voting booth or compartment after the lapse of the time
provided under subsection (a) or (b), the precinct election board, or the election sheriff or
sheriffs upon the order of the board, shall immediately remove the voter from the booth or
compartment.
As added by P.L.3-1987, SEC.319. Amended by P.L.193-2021, SEC.54.

IC 3-11-13-32.8 Disclosure of vote by voter before its registration; effect

Sec. 32.8. If a voter shows the voter's ballot card or a part of the card to another person
after the card has been marked so as to disclose any of the candidates voted for or how the
voter voted on a public question, the ballot card may not be deposited in a ballot box. A
record of the occurrence shall be made on the poll list, and the voter may not vote again at
the election.
As added by P.L.3-1987, SEC.320. Amended by P.L.10-1988, SEC.121.

IC 3-11-13-33 Processing voted ballot; poll list entry of voting; procedure for
handling ballot not cast by voter
Sec. 33. (a) After a voter has marked a ballot card, the voter shall place it inside the
envelope provided for this purpose or fold the ballot described in section 18(b)(1) of this

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chapter and return the ballot card to the judge.
(b) The judge shall offer to return the envelope with the ballot card inside to the voter.
The voter shall:
(1) accept the envelope and deposit it in the ballot box; or
(2) decline the envelope and require the judge to deposit it in the ballot box.
(c) If a voter offers to vote a ballot card that is not inside the envelope provided for this
purpose or with the ballot not folded as described in section 18(b)(1) of this chapter, the
precinct election board shall direct the voter to return to the booth and place the ballot card
in the envelope provided for this purpose or fold the ballot. After voting, a voter shall leave
the polls.
(d) If a voter leaves the booth without casting a ballot, a precinct election official shall:
(1) attempt to advise the voter not to leave the polls because the voter's ballot has not
been cast; and
(2) permit the voter to return to the booth to complete the process of casting the voter's
ballot.
(e) If the voter has left the polls, or declines to return to the booth, the inspector shall
direct both judges to do the following:
(1) Enter into the booth and place the voter's ballot inside the envelope provided or fold
the ballot as described in section 18(b)(1) of this chapter.
(2) Give the envelope or folded ballot to the inspector.
The inspector shall then deposit the voter's ballot in the ballot box.
(f) After the voter's ballot has been deposited in the ballot box, the judges and the
inspector shall promptly complete a form prescribed under IC 3-5-4-8 containing the
following information:
(1) The name of the voter who left the polls without completing the process of casting
a ballot if the voter's name is known.
(2) The approximate time that the voter left the polls.
(3) Whether the voter was advised that the voter could return to the booth to complete
the casting of the ballot.
(4) A statement made under the penalties for perjury indicating that:
(A) the judges gave the voter's ballot to the inspector;
(B) the inspector deposited the voter's ballot in the ballot box; and
(C) the judges and the inspector did not make any alteration to the choices made by
the voter.
The form must be signed by both judges and the inspector.
(g) After a voter's ballot cards have been deposited in the ballot box, the poll clerks shall
make a voting mark after the voter's name on the poll list.
[Pre-1986 Recodification Citation: 3-2-4-4(e) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.321; P.L.4-1996, SEC.71;
P.L.38-1999, SEC.49; P.L.176-1999, SEC.90; P.L.239-2001, SEC.13; P.L.221-2005,
SEC.87; P.L.278-2019, SEC.109; P.L.156-2020, SEC.3.

IC 3-11-13-34 Repealed
[Pre-1986 Recodification Citation: 3-2-4-4(e) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.4-1996, SEC.72. Repealed by
P.L.176-1999, SEC.134.

IC 3-11-13-34.5 Repealed
As added by P.L.3-1997, SEC.324. Repealed by P.L.176-1999, SEC.134.

IC 3-11-13-35 Defaced or defective ballot cards

Sec. 35. If a voter spoils or defaces a ballot card or marks it erroneously, the voter shall
return the card so as not to disclose any choices that the voter has made.

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 [Pre-1986 Recodification Citation: 3-2-4-4(c) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.38-1999, SEC.52; P.L.176-1999, SEC.91;
P.L.239-2001, SEC.14; P.L.221-2005, SEC.88.

IC 3-11-13-36 Securing marking devices on closing of polls

Sec. 36. As soon as the polls are closed, the inspector shall secure the marking devices
against further voting.
[Pre-1986 Recodification Citation: 3-2-4-5(a) part.]
As added by P.L.5-1986, SEC.7.

IC 3-11-13-37 Confirmation of count

Sec. 37. If a petition is filed under section 38 of this chapter, the county election board
shall confirm that the votes cast in an election:
(1) for each candidate and each public question; and
(2) on a ballot card voting system in a precinct specified under section 38 of this
chapter;
were correctly counted by the system.
As added by P.L.6-1986, SEC.29. Amended by P.L.3-1987, SEC.322.

IC 3-11-13-38 Petition for confirmation of vote cast

Sec. 38. Each county chairman for either of the major parties in the county may petition
the county election board for confirmation of the vote cast on a ballot card voting system no
earlier than the Saturday before an election and no later than the Thursday after an election.
The petition may specify not more than five percent (5%) of the precincts or five (5)
precincts, whichever is greater, in which a ballot card voting system was used for an audit
under section 37 of this chapter.
As added by P.L.6-1986, SEC.30. Amended by P.L.3-1987, SEC.323.

IC 3-11-13-39 Audit requirement

Sec. 39. The county election board shall conduct an audit under section 37 of this chapter
by means of tests and procedures that are approved by the commission and independent of
the provider of the ballot card voting system being audited.
As added by P.L.6-1986, SEC.31. Amended by P.L.3-1987, SEC.324; P.L.2-1996, SEC.194.

IC 3-11-13-40 Certification of results of audit

Sec. 40. The county election board shall certify the results of an audit under section 37
of this chapter not later than noon twelve (12) days after the election. The certification must
be on the form prescribed by the election division. One (1) copy shall be filed with the
election returns, and one (1) copy must be delivered to the election division.
As added by P.L.6-1986, SEC.32. Amended by P.L.2-1996, SEC.195; P.L.3-1997, SEC.325;
P.L.169-2015, SEC.129.

IC 3-11-13-41 Notice of audit

Sec. 41. Public notice of the time and place of an audit under section 37 of this chapter
shall be given at least forty-eight (48) hours before the audit. The notice shall be published
once in accordance with IC 5-3-1-4. However, if publication in accordance with IC 5-3-1-4
will not allow the county election board to certify the results of the audit within ten (10) days
after the election, notice shall be given by posting it:
(1) at or near the county courthouse; and
(2) at the post office serving the county courthouse.
As added by P.L.6-1986, SEC.33.

IC 3-11-13-42 Municipal election use of ballot card voting system

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 Sec. 42. If a county has procured ballot card voting systems for use, the ballot card voting
systems may be used at a municipal election. If there are not sufficient ballot card voting
systems on hand for each precinct of the municipality, the county election board shall
determine in what precincts ballot card voting systems will be used at the election.
As added by P.L.3-1987, SEC.325.

IC 3-11-13-43 Municipal elections where ballot card voting system supplied;

supplies; expenses
Sec. 43. (a) If ballot card voting systems are used in a municipal election, the county
election board shall furnish to the municipality:
(1) the requisite number of ballot card voting systems; and
(2) all the furniture and appliances that go with the ballot card voting systems.
(b) However, the municipality shall pay the expenses of moving the ballot card voting
systems and furniture to and from the polls and also for any damage or loss to the ballot card
voting systems or furniture.
As added by P.L.3-1987, SEC.326.

IC 3-11-13-44 Appointment of person to observe preparation of automatic

tabulating machines; term; duties; compensation
Sec. 44. (a) The county chairman of each major political party of the county may appoint
one (1) person to observe:
(1) the ordering and the setting and adjustment of automatic tabulating machines under
section 6 of this chapter;
(2) the testing of automatic tabulating machines under section 22 of this chapter; and
(3) the determination of the cause of and correction of errors in the counting of ballot
cards under section 25 of this chapter.
(b) The county chairman shall file the name of a person appointed under this section with
the circuit court clerk.
(c) A person appointed under this section serves until:
(1) the county chairman notifies the circuit court clerk that the person's appointment has
been revoked;
(2) the county chairman notifies the clerk that the person has died; or
(3) the person files a letter of resignation with the clerk.
(d) A person appointed under subsection (a):
(1) may attend the ordering and the setting and the adjustment of the automatic
tabulating machines only as a witness;
(2) shall remain silent and subject to the orders of the board; and
(3) may not obstruct or interfere with the ordering and setting and adjustment of the
automatic tabulating machines.
(e) A person appointed under subsection (a) is not entitled to compensation for services
except from the political party of the county chairman making the appointment.
As added by P.L.5-1989, SEC.62.

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IC 3-11-14 Chapter 14. Voting by Electronic Voting System

3-11-14-1 Applicability of chapter

3-11-14-2 Use of electronic voting systems; voter verifiable paper audit trail;
requirements for voter verifiable paper audit trail
3-11-14-3 Ballot labels
3-11-14-3.5 Ballot information; arrangement
3-11-14-3.7 No quotation marks in formatting public questions on ballot
3-11-14-4 Distinctive party ballot labels
3-11-14-5 Repealed
3-11-14-6 Repealed
3-11-14-7 Sample ballots
3-11-14-8 Electronic voting system display before election; posting sample ballots
3-11-14-9 Information contained in instructional models
3-11-14-10 Ballot labels; installation
3-11-14-11 Rotation of candidate names on ballot system
3-11-14-12 School district elections; arrangement of candidate names
3-11-14-13 Preparation and adjustment of system before delivery
3-11-14-14 Delivery of system to polls
3-11-14-14.5 Ballot label; casting straight party vote; no candidates, multiple candidates to
be elected are only candidates on ticket
3-11-14-15 Examination of system and sample ballots upon delivery
3-11-14-16 Preparation at polls before opening
3-11-14-17 Preparation at polls before opening; system check; certification
3-11-14-18 Displaying sample ballots
3-11-14-18.5 Use of electronic device to display sample ballots
3-11-14-19 Failure of equipment; supply of paper ballots and voting booths
3-11-14-20 Location of voting system; secrecy
3-11-14-21 Regulation of voting system area
3-11-14-22 Explanation of manner of voting to voter
3-11-14-22.5 Voting mark; instructions
3-11-14-23 Voting procedure; standards to define a vote; rights of a voter in casting ballot
3-11-14-24 Voting booth arrangement; additional instructions
3-11-14-24.5 Voting on electronic voting system with voter verifiable paper audit trail;
correction of errors
3-11-14-25 Post-vote casting procedure; procedure for handling ballot not cast by voter
3-11-14-26 Time limits in voting booth; primary election
3-11-14-27 Time limits in voting booth; general election
3-11-14-28 Voter refusal to leave voting booth
3-11-14-29 Disclosure of vote by voter before its registration; effect
3-11-14-30 Securing system at poll closing
3-11-14-31 Printouts of vote; computer memory pack removal
3-11-14-32 Certificate of vote; return of papers to circuit court clerk
3-11-14-33 Municipal election use of system
3-11-14-34 Municipal elections; supplies furnished; expenses

IC 3-11-14-1 Applicability of chapter

Sec. 1. This chapter applies to each precinct where voting is by electronic voting system.
As added by P.L.3-1987, SEC.327.

IC 3-11-14-2 Use of electronic voting systems; voter verifiable paper audit

trail; requirements for voter verifiable paper audit trail
Sec. 2. (a) Except as provided in subsections (c) and (f), a county election board may use
an approved electronic voting system:
(1) in any election;
(2) in all or in some of the precincts within a political subdivision holding an election;
and
(3) instead of or in combination with any other voting method.
(b) A county election board may use an electronic voting system which includes a voter

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verifiable paper audit trail if the voting system:
(1) otherwise complies with this chapter and IC 3-11-15; and
(2) is certified by the Indiana election commission.
(c) A county election board may not use an approved electronic voting system purchased,
leased, or otherwise acquired by the county after December 31, 2019, unless the system:
(1) is certified by the Indiana election commission; and
(2) includes a voter verifiable paper audit trail.
This subsection does not prohibit a county election board from having maintenance
performed on an electronic voting system purchased, leased, or otherwise acquired by the
county before January 1, 2020.
(d) The voter verifiable paper audit trail must contain all of the following:
(1) The name or code of the election as provided by the voting system.
(2) The date of the election.
(3) The date the voter verifiable paper audit trail was printed.
(4) A security code and record number specific to each paper receipt assigned by the
voting system.
(5) The name or designation of the voter's precinct.
(6) The name or designation of each office on the voter's ballot.
(7) The name of the candidate and the designation of the candidate's political party
selected by the voter.
(8) If the voter selects a straight party ticket, the name of the political party ticket the
voter selected.
(9) The following information:
(A) A description of the text of any public question or judicial retention question on
the voter's ballot that:
(i) contains not more than thirty (30) characters; and
(ii) the county election board determines reasonably conveys the content of the
public question or judicial retention question.
(B) The response the voter selected for each question.
(e) The voter verifiable paper audit trail may contain additional information and
instructions determined to be useful to the voter by the county election board subject to the
design capabilities of the voter verifiable paper audit trail.
(f) This subsection applies to a county in which any direct record electronic voting system
that does not include a voter verifiable paper audit trail is used for an election. A county
election board shall not use a direct record electronic voting system in an election after July
1, 2022, unless the county election board:
(1) uses a number of direct record electronic voting systems including a voter verifiable
paper audit trail in the election that is equal to or greater than ten percent (10%) of the
total number of direct record electronic voting systems owned, leased, or otherwise
available to the county as of January 1, 2022, and as of January 1 in each year
thereafter;
(2) determines, not later than July 1, 2022, and January 1 of each year thereafter, the
minimum number of direct record electronic voting systems including a voter verifiable
paper audit trail necessary to comply with the requirement of this subsection; and
(3) files a certification of this determination to the secretary of state not later than
August 11, 2022, and February 11 of each year thereafter.
As added by P.L.3-1987, SEC.327. Amended by P.L.71-2019, SEC.16; P.L.109-2021,
SEC.48; P.L.115-2022, SEC.9.

IC 3-11-14-3 Ballot labels

Sec. 3. (a) The county election board shall furnish ballot labels prepared as required by
section 3.5 of this chapter.
(b) The county election board shall have the ballot labels printed:

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 (1) in black ink on clear white material;
(2) in the size that will fit on an electronic system; and
(3) in plain, clear type as space will reasonably permit.
As added by P.L.3-1987, SEC.327. Amended by P.L.58-2005, SEC.21.

IC 3-11-14-3.5 Ballot information; arrangement

Sec. 3.5. (a) Each county election board shall have the names of all candidates for all
elected offices, political party offices, and public questions printed on ballot labels for use
in an electronic voting system as provided in this chapter.
(b) The county may:
(1) print all offices and public questions on a single ballot label; and
(2) include a ballot variation code to ensure that the proper version of a ballot label is
used within a precinct.
(c) Each type of ballot label must be of uniform size and of the same quality and color of
paper (except as permitted under IC 3-10-1-17).
(d) The nominees of a political party or an independent candidate or independent ticket
(described in IC 3-11-2-6) nominated by petitioners must be listed on the ballot label with
the name and device set forth on the certification or petition. The circle containing the device
may be of any size that permits a voter to readily identify the device. IC 3-11-2-5 applies if
the certification or petition does not include a name or device, or if the same device is
selected by two (2) or more parties or petitioners.
(e) The ballot labels must list the offices and public questions on the general election
ballot in the order listed in IC 3-11-2-12, IC 3-11-2-12.4, IC 3-11-2-12.5, IC 3-11-2-12.7(b),
IC 3-11-2-12.9(a), IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). Each office and public question may
have a separate screen, or the offices and public questions may be listed in a continuous
column either vertically or horizontally.
(f) The name of each office must be printed in a uniform size in bold type. A statement
reading substantially as follows must be placed immediately below the name of the office and
above the name of the first candidate:
(1) "Vote for one (1) only.", if only one (1) candidate is to be elected to the office.
(2) "Vote for not more than (insert the number of candidates to be elected) candidate(s)
for this office. To vote for any candidate for this office, you must make a voting mark
for each candidate you wish to vote for. A straight party vote will not count as a vote
for any candidate for this office.", if more than one (1) candidate is to be elected to the
office.
(g) Below the name of the office and the statement required by subsection (f), the names
of the candidates for each office must be grouped together in the following order:
(1) The major political party whose candidate received the highest number of votes in
the county for secretary of state at the last election is listed first.
(2) The major political party whose candidate received the second highest number of
votes in the county for secretary of state is listed second.
(3) All other political parties listed in the order that the parties' candidates for secretary
of state finished in the last election are listed after the party listed in subdivision (2).
(4) If a political party did not have a candidate for secretary of state in the last election
or a nominee is an independent candidate or independent ticket (described in
IC 3-11-2-6), the party or candidate is listed after the parties described in subdivisions
(1), (2), and (3).
(5) If more than one (1) political party or independent candidate or ticket described in
subdivision (4) qualifies to be on the ballot, the parties, candidates, or tickets are listed
in the order in which the party filed its petition of nomination under IC 3-8-6-12.
(6) A space for write-in voting is placed after the candidates listed in subdivisions (1)
through (5), if required by law. A space for write-in voting for an office is not required

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 if there are no declared write-in candidates for that office. However, procedures must
be implemented to permit write-in voting for candidates for federal offices.
(7) The name of a write-in candidate may not be listed on the ballot.
(h) The names of the candidates grouped in the order established by subsection (g) must
be printed in type with uniform capital letters and have a uniform space between each name.
The name of the candidate's political party, or the word "Independent", if the:
(1) candidate; or
(2) ticket of candidates for:
(A) President and Vice President of the United States; or
(B) governor and lieutenant governor;
is independent, must be placed immediately below or beside the name of the candidate and
must be printed in uniform size and type.
(i) All the candidates of the same political party for election to at-large seats on the fiscal
or legislative body of a political subdivision must be grouped together:
(1) under the name of the office that the candidates are seeking;
(2) in the party order established by subsection (g); and
(3) within the political party, in alphabetical order according to surname.
A statement reading substantially as follows must be placed immediately below the name of
the office and above the name of the first candidate: "Vote for not more than (insert the
number of candidates to be elected) candidate(s) of ANY party for this office.".
(j) Candidates for election to at-large seats on the governing body of a school corporation
must be grouped:
(1) under the name of the office that the candidates are seeking; and
(2) in alphabetical order according to surname.
A statement reading substantially as follows must be placed immediately below the name of
the office and above the name of the first candidate: "Vote for not more than (insert the
number of candidates to be elected) candidate(s) for this office.".
(k) The cautionary statement described in IC 3-11-2-7 must be placed at the top or
beginning of the ballot label before the first public question is listed.
(l) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d), and IC 3-11-2-10(e) may
be:
(1) placed on the ballot label; or
(2) posted in a location within the voting booth that permits the voter to easily read the
instructions.
(m) Except as provided in section 14.5 of this chapter, the ballot label must include a
touch sensitive point or button for voting a straight political party ticket by one (1) touch, and
the touch sensitive point or button must be identified by:
(1) the name of the political party; and
(2) immediately below or beside the political party's name, the device of that party
(described in IC 3-11-2-5).
The name and device of each party must be of uniform size and type, and arranged in the
order established by subsection (g) for listing candidates under each office. The instructions
described in IC 3-11-2-10(c) for voting a straight party ticket and the statement concerning
presidential electors required under IC 3-10-4-3 must be placed on the ballot label. The
instructions for voting a straight party ticket must include the statement: "If you do not wish
to vote a straight party ticket, press "NEXT" (or replace "NEXT" with the term used by that
voting system to permit a voter to skip a ballot screen) to continue voting.".
(n) A public question must be in the form described in IC 3-11-2-15(a) and
IC 3-11-2-15(b), except that a touch sensitive point or button must be used instead of a
square. Except as expressly authorized or required by statute, a county election board may
not print a ballot label that contains language concerning the public question other than the
language authorized by a statute.
(o) The requirements in this section:

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 (1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to ballots for electronic voting systems.
(p) The procedure described in IC 3-11-2-16 must be used when a ballot label does not
comply with the requirements imposed by this title or contains another error or omission that
might result in confusion or mistakes by voters.
As added by P.L.58-2005, SEC.22. Amended by P.L.190-2011, SEC.11; P.L.225-2011,
SEC.67; P.L.194-2013, SEC.68; P.L.76-2014, SEC.43; P.L.21-2016, SEC.19; P.L.141-2020,
SEC.13; P.L.109-2021, SEC.49; P.L.193-2021, SEC.55; P.L.227-2023, SEC.100.

IC 3-11-14-3.7 No quotation marks in formatting public questions on ballot

Sec. 3.7. A public question printed on a ballot shall be set forth without any quotation
marks preceding or following the text of the public question.
As added by P.L.109-2021, SEC.50.

IC 3-11-14-4 Distinctive party ballot labels

Sec. 4. Political parties may be distinguished in a primary election by the use of different
color ballot labels. The party device for a political party that has been adopted in accordance
with IC 3-8 and the party name or other designation shall be prefixed to the list of candidates
of the party.
As added by P.L.3-1987, SEC.327.

IC 3-11-14-5 Repealed
As added by P.L.3-1987, SEC.327. Amended by P.L.2-1996, SEC.196; P.L.3-1997, SEC.326.
Repealed by P.L.194-2013, SEC.69.

IC 3-11-14-6 Repealed
As added by P.L.3-1987, SEC.327. Amended by P.L.2-1996, SEC.197; P.L.3-1997, SEC.327.
Repealed by P.L.194-2013, SEC.70.

IC 3-11-14-7 Sample ballots

Sec. 7. (a) The county election board shall arrange sample ballots in the form of a diagram
showing the entire front of an electronic voting system as it will appear on the official ballots
printed under the jurisdiction of the county election board. However, if presidential electors
are to be voted for at an election, then the ballot label of each political party or independent
ticket must be in the form prescribed by IC 3-10-4-1.
(b) Each county election board shall provide either or both of the following for each
precinct of the county:
(1) The number of sample ballots the county election board considers adequate for each
precinct.
(2) An electronic form of the sample ballot arranged under subsection (a), if the county
election board requires display of sample ballots using an electronic device under
section 18.5 of this chapter.
As added by P.L.3-1987, SEC.327. Amended by P.L.3-1993, SEC.171; P.L.2-1996,
SEC.198; P.L.3-1997, SEC.328; P.L.194-2013, SEC.71; P.L.227-2023, SEC.101.

IC 3-11-14-8 Electronic voting system display before election; posting

sample ballots
Sec. 8. (a) Each county election board may make available at convenient places
throughout the county electronic voting systems for the instruction of the voters. The board
shall locate the systems at places where people usually assemble, such as shopping centers.
The board shall have the systems attended at convenient hours designated by the board by
persons able to instruct others in their use. The county chairmen of the major political parties

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of the state must approve the persons attending the systems under this section.
(b) This subsection applies to a county having a population of more than four hundred
thousand (400,000) and less than seven hundred thousand (700,000). At least ten (10) days
before an election, each county election board shall duplicate, distribute, and cause to be
posted copies of official sample ballots prepared by the county election board to schools, fire
stations, county courthouses, and other public buildings in the county.
As added by P.L.3-1987, SEC.327. Amended by P.L.7-1991, SEC.7; P.L.12-1992, SEC.11;
P.L.3-1993, SEC.172; P.L.2-1996, SEC.199; P.L.3-1997, SEC.329; P.L.194-2013, SEC.72;
P.L.11-2023, SEC.12.

IC 3-11-14-9 Information contained in instructional models

Sec. 9. Each electronic voting system used for instructional purposes must contain the
names of all candidates and a description of all public questions as they will appear on the
official sample ballot on election day. However, the systems may not be set to record a tally
or total.
As added by P.L.3-1987, SEC.327.

IC 3-11-14-10 Ballot labels; installation

Sec. 10. Each county election board shall, before election day, have the proper ballot
labels prepared as required by section 3.5 of this chapter and put on each electronic voting
system.
As added by P.L.3-1987, SEC.327. Amended by P.L.3-1993, SEC.173; P.L.58-2005, SEC.23.

IC 3-11-14-11 Rotation of candidate names on ballot system

Sec. 11. A county election board may require that the names of candidates for nomination
at a primary election be rotated alphabetically on electronic voting systems. If the board does
so, the names shall be rotated by precincts in regular serial sequence, so that each name of
a list or group of candidates for an office appears upon the systems an equal number of times,
as nearly as practicable, at the top, at the bottom, and in each intermediate place under the
title of the office sought.
As added by P.L.3-1987, SEC.327.

IC 3-11-14-12 School district elections; arrangement of candidate names

Sec. 12. In school district elections, the county election board shall arrange the names of
candidates in alphabetical order on an electronic voting system as required by section 3.5 of
this chapter.
As added by P.L.3-1987, SEC.327. Amended by P.L.58-2005, SEC.24.

IC 3-11-14-13 Preparation and adjustment of system before delivery

Sec. 13. (a) Before an electronic voting system is delivered to a precinct, the county
election board shall have the system put in order, set and adjusted, and ready for use in
voting. As part of the system's preparation, the county election board may conduct any of the
comparisons and determinations required under section 17 of the chapter. However,
notwithstanding any action taken by the county election board, each precinct election board
must also perform the comparisons and determinations required under section 17 of this
chapter before the opening of the polls. The board may employ one (1) or more competent
persons to prepare systems in accordance with this section.
(b) While acting under subsection (a), the county election board may restrict access to
parts of the room where voting systems and other election material are being handled to
safeguard this material.
As added by P.L.3-1987, SEC.327. Amended by P.L.3-1997, SEC.330; P.L.221-2005,
SEC.89.

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IC 3-11-14-14 Delivery of system to polls
Sec. 14. Each county election board shall have each electronic voting system, along with
all necessary furniture and appliances that go with the system at the polls, delivered to the
appropriate precinct not later than 6 p.m. of the day before election day. The county
executive shall provide transportation for the system if requested to do so by the county
election board.
As added by P.L.3-1987, SEC.327.

IC 3-11-14-14.5 Ballot label; casting straight party vote; no candidates,

multiple candidates to be elected are only candidates on ticket
Sec. 14.5. A ballot label must not include a touch sensitive point or button to permit a
voter to cast a straight party ticket for a political party if:
(1) there are no candidates of that political party; or
(2) the only candidates of the political party are for election to offices to which more
than one (1) individual is to be elected and which will not be credited with a vote under
IC 3-12-1-7 if a voter casts a straight party ticket.
As added by P.L.109-2021, SEC.51. Amended by P.L.227-2023, SEC.102.

IC 3-11-14-15 Examination of system and sample ballots upon delivery

Sec. 15. (a) This section applies to each precinct and vote center.
(b) After the delivery of an electronic voting system to a precinct, the precinct election
board may meet at the polls on the same day, open the package containing the sample ballots,
and, if necessary, examine the ballot label, to determine whether the system is ready for use
in accordance with section 11 of this chapter. If a system is not in compliance with that
section, the board shall immediately label, set and adjust, and place the system in order or
have it done.
(c) While acting under subsection (b), the precinct election board may restrict access to
parts of the room where voting systems and other election material are being handled to
safeguard this material.
As added by P.L.3-1987, SEC.327. Amended by P.L.3-1997, SEC.331; P.L.227-2023,
SEC.103.

IC 3-11-14-16 Preparation at polls before opening

Sec. 16. On the morning of election day, the precinct election officers shall meet at the
polls at least one (1) hour before the time for opening the polls. The inspector then shall
have:
(1) the boundaries of the chute designated;
(2) the sample ballots and instruction cards posted; and
(3) everything put in readiness for the commencement of voting at the opening of the
polls.
As added by P.L.3-1987, SEC.327. Amended by P.L.221-2005, SEC.90.

IC 3-11-14-17 Preparation at polls before opening; system check; certification

Sec. 17. (a) Before the opening of the polls, each precinct election board shall:
(1) compare the ballot label on each electronic voting system with the sample ballot to
see that it is correct;
(2) see that the system records zero (0) votes for each candidate and on each public
question; and
(3) see that the system is otherwise in perfect order.
(b) After the system is in perfect order for voting, the precinct election board may not
permit the counters to be operated except by voters in voting. The board then shall certify
that the ballot labels and the sample ballots are in agreement. Forms shall be provided for
certification, and the certification shall be filed with the election returns.

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 (c) This subsection applies to a county using vote centers. Not later than the first date that
a voter may cast a ballot at a vote center, the county election board shall do both of the
following:
(1) Make the comparison between the sample ballots, regular official ballots, and
provisional ballots described in subsection (a).
(2) Certify that the ballots are in agreement.
A copy of the certification shall be entered into the minutes of the county election board.
(d) This subsection applies to a county using vote centers. The county election board shall
do both of the following:
(1) Have copies of each sample ballot for each precinct available for inspection by a
voter at each vote center.
(2) Post a notice in the vote center stating that sample ballots are available for
inspection upon request by the voter.
(3) Determine that the system records that zero (0) votes have been cast for each
candidate and on each public question, and that the system is otherwise in perfect order.
Each precinct election board shall then certify that the ballot labels are in order.
As added by P.L.3-1987, SEC.327. Amended by P.L.278-2019, SEC.110; P.L.227-2023,
SEC.104.

IC 3-11-14-18 Displaying sample ballots

Sec. 18. (a) This subsection applies when the county election board provides a precinct
with a printed sample ballot under section 7 of this chapter. The inspector of each precinct,
or a person under the direction of the inspector, shall post sample ballots near the entrance
of the chute for the precinct. The ballots must be available for public inspection throughout
election day.
(b) This subsection applies when the county election board provides a precinct with an
electronic form of the sample ballot under section 7 of this chapter. The inspector of the
precinct, or a person under the direction of the inspector, shall post a notice near the entrance
of the chute for the precinct that the sample ballot for the precinct is available for review on
an electronic device. The sample ballot must be made available for public inspection
throughout election day.
(c) This subsection applies to a county using vote centers when the county election board
provides the vote center with an electronic form of the sample ballot under section 7 of this
chapter. The inspector of the vote center, or a person under the direction of the inspector,
shall post a notice near the entrance of the chute for the vote center that the sample ballots
for each precinct in the county are available for review on an electronic device. The sample
ballots must be made available for public inspection throughout election day.
As added by P.L.3-1987, SEC.327. Amended by P.L.227-2023, SEC.105.

IC 3-11-14-18.5 Use of electronic device to display sample ballots

Sec. 18.5. For purposes of this chapter, an electronic device that is not an electronic poll
book may be used at a precinct or vote center to display a sample ballot. For purposes of
certification of voting systems under this article, an electronic device, the only function of
which is the display of sample ballots, is not considered to be a voting system or part of a
voting system.
As added by P.L.227-2023, SEC.106.

IC 3-11-14-19 Failure of equipment; supply of paper ballots and voting

booths
Sec. 19. Each county election board shall be at its office from 5 a.m. until 6 p.m. on
election day. Upon notice that an electronic voting system is out of order or fails to work, the
board shall be ready between those hours to deliver to any precinct in the county:
(1) necessary paper ballots;

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 (2) election booths with an adequate number of stalls;
(3) ballot boxes; and
(4) all necessary supplies and equipment as required by law.
As added by P.L.3-1987, SEC.327.

IC 3-11-14-20 Location of voting system; secrecy

Sec. 20. The exterior of an electronic voting system and each area of the polls must be in
plain view of the precinct election board. Each system shall be placed so that a person voting
on the opposite side of the railing or a person on the outside of the polls cannot see or
determine how a voter votes. The inspector, judges, and poll clerks may not remain or allow
any other person to remain in a position or near a position that would permit them to see or
ascertain how a voter votes.
As added by P.L.3-1987, SEC.327.

IC 3-11-14-21 Regulation of voting system area

Sec. 21. After the opening of the polls, the inspector, judges, and poll clerks may not
allow any person to pass within the railing to the part of the room where an electronic voting
system is situated, except for the purpose of voting. Except as provided in IC 3-11-9, they
may not permit more than one (1) voter at a time to be in the part of the room where an
electronic voting system is situated.
As added by P.L.3-1987, SEC.327.

IC 3-11-14-22 Explanation of manner of voting to voter

Sec. 22. After a voter has signed the poll list, both judges, on request, shall give an
explanation of the manner of voting.
As added by P.L.3-1987, SEC.327.

IC 3-11-14-22.5 Voting mark; instructions

Sec. 22.5. Whenever 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.225-2011, SEC.68.

IC 3-11-14-23 Voting procedure; standards to define a vote; rights of a voter

in casting ballot
Sec. 23. (a) This section is enacted to comply with 52 U.S.C. 21081 by establishing
uniform and nondiscriminatory standards to define what constitutes a vote on an electronic
voting system.
(b) If a voter is not challenged by a member of the precinct election board, the voter may
pass the railing to the side where an electronic voting system is and into the voting booth.
There the voter shall register the voter's vote in secret by indicating:
(1) the candidates for whom the voter desires to vote by touching a device on or in the
squares immediately above the candidates' names;
(2) if the voter intends to cast a write-in vote, a write-in vote by touching a device on
or in the square immediately below the candidates' names and printing the name of the
candidate in the window provided for write-in voting; and
(3) the voter's preference on each public question by touching a device above the word
"yes" or "no" under the question.
(c) If an election is a general or municipal election and a voter desires to vote for all the
candidates of one (1) political party or group of petitioners, the voter may cast a straight
party ticket by touching that party's device. Except as provided in IC 3-11-7.5-10(b), the
voter's vote shall then be counted for all the candidates under that name. However, if the

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voter casts a vote by touching the circle of an independent ticket comprised of two (2)
candidates, the vote shall not be counted for any other independent candidate on the ballot.
(d) As provided by 52 U.S.C. 21081, a voter casting a ballot on an electronic voting
system must be:
(1) permitted to verify in a private and independent manner the votes selected by the
voter before the ballot is cast and counted;
(2) provided the opportunity to change the ballot or correct any error in a private and
independent manner before the ballot is cast and counted, including the opportunity to
receive a replacement ballot if the voter is otherwise unable to change or correct the
ballot; and
(3) notified before the ballot is cast regarding the effect of casting multiple votes for
the office and provided an opportunity to correct the ballot before the ballot is cast and
counted.
As added by P.L.3-1987, SEC.327. Amended by P.L.4-1991, SEC.109; P.L.3-1993,
SEC.174; P.L.209-2003, SEC.162; P.L.58-2005, SEC.25; P.L.164-2006, SEC.117;
P.L.128-2015, SEC.194; P.L.21-2016, SEC.20.

IC 3-11-14-24 Voting booth arrangement; additional instructions

Sec. 24. (a) Only one (1) voter may occupy a booth or compartment at one time. Booths
shall be constructed and arranged so that all members of the precinct election board can see
whether more than one (1) voter enters a booth at any one time. However, a voter who is a
parent, grandparent, or other person caring for a minor child may take the child into the
voting booth.
(b) If a voter needs additional instruction after entering the voting booth, the voter may
request assistance from the two (2) judges. The two (2) judges shall then approach but not
enter the booth and call out additional instructions to the voter.
As added by P.L.3-1987, SEC.327. Amended by P.L.74-2017, SEC.54.

IC 3-11-14-24.5 Voting on electronic voting system with voter verifiable paper

audit trail; correction of errors
Sec. 24.5. (a) This section applies to voting on an electronic voting system that includes
a voter verifiable paper audit trail.
(b) Except as provided in subsections (c) and (d), the voter may, after reviewing the paper
audit trail, determine that an error has been made, and if so, the voter is entitled to one (1)
opportunity to correct that error before the voter completes the casting of the voter's ballot.
(c) This subsection applies if an error is made because of a technology malfunction or
malfunction of the voting system. Except as provided in subsection (d), the voter may, until
the malfunction is corrected, review the paper audit trail to determine if an error has been
made. After the malfunction has been corrected, the voter is entitled to one (1) opportunity
to correct the error before the voter completes the casting of the voter's ballot.
(d) This subsection applies if the voter is a voter with disabilities. The voter may, after
reviewing the paper audit trail, determine that an error has been made, and if so, the voter is
entitled to as many opportunities as the voter needs to correct the error before the voter
completes the casting of the voter's ballot.
As added by P.L.71-2019, SEC.17.

IC 3-11-14-25 Post-vote casting procedure; procedure for handling ballot not

cast by voter
Sec. 25. (a) After voting, the voter shall immediately leave the booth and announce to the
poll clerks that the voter has voted. The poll clerks shall write a voting mark after the voter's
name, and the voter shall leave the room.
(b) If a voter leaves the booth without casting a ballot, a precinct election official shall:
(1) attempt to advise the voter not to leave the polls because the voter's ballot has not

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 been cast; and
(2) permit the voter to return to the booth to complete the process of casting the voter's
ballot.
(c) If the voter has left the polls, or declines to return to the booth, the inspector shall
direct both judges to enter into the booth and complete the process of casting the ballot for
the voter. The judges shall promptly complete a form prescribed under IC 3-5-4-8. The form
must be signed by both judges and contain the following information:
(1) The name of the voter who left the polls without completing the process of casting
a ballot if the voter's name is known.
(2) The approximate time that the voter left the polls.
(3) Whether the voter was advised that the voter could return to the booth to complete
the casting of the ballot.
(4) A statement made under the penalties for perjury indicating that the judges jointly
cast the ballot without either judge making any alteration to the choices made by the
voter.
As added by P.L.3-1987, SEC.327. Amended by P.L.278-2019, SEC.111.

IC 3-11-14-26 Time limits in voting booth; primary election

Sec. 26. At a primary election, a voter may not remain in the voting booth longer than five
(5) minutes.
As added by P.L.3-1987, SEC.327. Amended by P.L.193-2021, SEC.56.

IC 3-11-14-27 Time limits in voting booth; general election

Sec. 27. At a general, municipal, or special election, a voter may not remain in the voting
booth longer than four (4) minutes.
As added by P.L.3-1987, SEC.327. Amended by P.L.193-2021, SEC.57.

IC 3-11-14-28 Voter refusal to leave voting booth

Sec. 28. If a voter refuses to leave a voting booth after the lapse of time prescribed by
section 26 or 27 of this chapter, the precinct election board, or the election sheriff or sheriffs
upon the order of the board, shall immediately remove the voter from the booth.
As added by P.L.3-1987, SEC.327.

IC 3-11-14-29 Disclosure of vote by voter before its registration; effect

Sec. 29. If a voter shows or discloses to another person the candidates voted for or how
the voter voted on a public question before the vote is registered, the vote may not be
registered on the electronic voting system. A record of the occurrence shall be made on the
poll list, and the voter may not vote again at the election.
As added by P.L.3-1987, SEC.327. Amended by P.L.10-1988, SEC.122.

IC 3-11-14-30 Securing system at poll closing

Sec. 30. Subject to IC 3-12-2-5, as soon as the polls are closed, the inspector, in the
presence of the judges and poll clerks, immediately shall secure each electronic voting system
against voting and obtain at least one (1) paper printout of the total votes cast for each
candidate and on each public question in that precinct.
As added by P.L.3-1987, SEC.327.

IC 3-11-14-31 Printouts of vote; computer memory pack removal

Sec. 31. As soon as the paper printouts of the vote count are obtained, the inspector shall
close the system and remove the computer memory pack from the system. The inspector and
the judge of the opposite political party shall then transport the computer memory packs and
each electronic voting system to the county election board.
As added by P.L.3-1987, SEC.327. Amended by P.L.3-1993, SEC.175.

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IC 3-11-14-32 Certificate of vote; return of papers to circuit court clerk
Sec. 32. The certificates of the number of votes cast for each person shall be made and
signed as required by IC 3-12, and the precinct election officers shall make and sign the
statement of the number of votes required under section 30 of this chapter. The inspector is
only required to provide duplicate copies of the statement to another precinct election officer
or a watcher, upon request. The certificates and other papers shall be returned to the circuit
court clerk in the same manner and with the same penalties that are prescribed in IC 3-12 for
election returns from precincts in which electronic voting systems are not used.
As added by P.L.3-1987, SEC.327. Amended by P.L.278-2019, SEC.112.

IC 3-11-14-33 Municipal election use of system

Sec. 33. If a county has procured electronic voting systems for use, the systems may be
used at a municipal election. If there are not sufficient systems on hand for each precinct of
the municipality, the county election board shall determine in what precincts systems will be
used at the election.
As added by P.L.3-1987, SEC.327.

IC 3-11-14-34 Municipal elections; supplies furnished; expenses

Sec. 34. (a) If electronic voting systems are used in a municipal election, the county
election board shall furnish to the municipality:
(1) the requisite number of systems; and
(2) all the furniture and appliances that go with the systems.
(b) However, the municipality shall pay the expenses of moving the systems and furniture
to and from the polls and also for any damage or loss to the systems or furniture.
As added by P.L.3-1987, SEC.327.

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IC 3-11-14.5 Chapter 14.5. Public Tests of Electronic Voting Systems

3-11-14.5-1 System test; random selection of precincts; reprinting or correction of ballots

requiring additional testing
3-11-14.5-2 Public notice of test
3-11-14.5-3 Certification of test by election board
3-11-14.5-4 Test open to public
3-11-14.5-5 Requirements for test
3-11-14.5-6 Errors; determination of causes; correction; errorless retest
3-11-14.5-7 Sealing voting system and test materials after completion
3-11-14.5-8 Test of vote tabulation component from tested voting systems
3-11-14.5-9 Certification of test results to election division
3-11-14.5-10 Copy of certification kept with election returns
3-11-14.5-11 Sending forms to election division by electronic mail or fax

IC 3-11-14.5-1 System test; random selection of precincts; reprinting or

correction of ballots requiring additional testing
Sec. 1. (a) Not later than seventy-four (74) days before election day, for each county
planning to use an electronic voting system at the next election, VSTOP shall provide each
county election board with a randomly sorted list of unique identification numbers for the
inventory of machines in the county maintained under IC 3-11-16-4. Starting at the top of the
list, the county election board shall select machines in the list in the order listed so that:
(1) if a machine to be selected in the list is not scheduled to be used in the upcoming
election, the selection process will move to the next machine in the order listed;
(2) each selected machine is scheduled to be used in the upcoming election; and
(3) the number of machines selected is not less than five percent (5%) of the machines
in the county scheduled by the county election board to be used in the upcoming
election.
(b) The county election board shall test the machines as described in subsection (a) to
ascertain that the machines will correctly count the votes cast for straight party tickets, for
all candidates (including write-in candidates), and on all public questions. If an individual
attending the public test requests that additional electronic voting systems be tested, then the
county election board shall select and test additional machines from the list in the manner
described in subsection (a).
(c) If VSTOP does not provide the lists under subsection (a) not later than sixty (60) days
before the election, the county election board shall establish and implement a procedure for
random selection of not less than five percent (5%) of the machines in the county. The county
election board shall then test the machines selected to be used in the upcoming election as
described in subsection (b).
(d) The testing under subsection (b) must begin before absentee voting starts in the office
of the circuit court clerk under IC 3-11-10-26.
(e) If a county election board determines that:
(1) a ballot provided by an electronic voting system:
(A) must be corrected as provided by IC 3-11-2-16 because of the omission of a
candidate, political party, or public question from the ballot; or
(B) is an absentee ballot that a voter is entitled to recast under IC 3-11.5-4-2 because
the absentee ballot includes a candidate for election to office who:
(i) ceased to be a candidate; and
(ii) has been succeeded by a candidate selected under IC 3-13-1 or IC 3-13-2; and
(2) machines used in the test conducted under this section did not contain a ballot that
was reprinted or corrected to remove the omission of a candidate, political party, or
public question, or indicate the name of the successor candidate;
the county election board shall conduct an additional public test described in subsection (b)
using the machines previously tested and containing the reprinted or corrected ballots.

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As added by P.L.221-2005, SEC.91. Amended by P.L.169-2015, SEC.130; P.L.100-2018,
SEC.7; P.L.71-2019, SEC.18; P.L.278-2019, SEC.113; P.L.135-2020, SEC.5.

IC 3-11-14.5-2 Public notice of test

Sec. 2. (a) Except as provided by subsection (b), public notice of the time and place shall
be given at least forty-eight (48) hours before the test. The notice shall be published once in
accordance with IC 5-3-1-4.
(b) This subsection applies to an additional public test conducted under section 1(e) of
this chapter. Notice of the time and place of the additional test shall be given in accordance
with IC 5-14-1.5, but publication of the notice in accordance with IC 5-3-1-4 is not required.
As added by P.L.221-2005, SEC.91. Amended by P.L.169-2015, SEC.131; P.L.71-2019,
SEC.19.

IC 3-11-14.5-3 Certification of test by election board

Sec. 3. The two (2) appointed members of the county election board shall observe the test
required by this chapter and, if they so determine, shall certify the test as meeting the
requirements of this chapter.
As added by P.L.221-2005, SEC.91.

IC 3-11-14.5-4 Test open to public

Sec. 4. The test must be open to representatives of political parties, candidates, the media,
and the public.
As added by P.L.221-2005, SEC.91.

IC 3-11-14.5-5 Requirements for test

Sec. 5. (a) The test required by this chapter must include the following:
(1) The visual inspection of the voting system and ballot labels.
(2) The manual entry of a preaudited group of ballots marked so as to record a
predetermined number of valid votes for each candidate and on each public question.
(3) At least one (1) ballot for each office that has votes in excess of the number allowed
by law in order to test the ability of the electronic voting system to reject the overvotes.
(b) The test required by this chapter must include the entry of a preaudited group of at
least one (1) ballot from three (3) different precincts where an election will be conducted to:
(1) test the functionality of the system components used by a voter with disabilities to
independently and privately cast a ballot; and
(2) record a predetermined number of valid votes for each candidate and on each public
question.
As added by P.L.221-2005, SEC.91. Amended by P.L.193-2021, SEC.58.

IC 3-11-14.5-6 Errors; determination of causes; correction; errorless retest

Sec. 6. If an error is detected during the test required by section 5 of this chapter, the
cause of the error shall be determined and corrected, and an errorless count must be made
before the use of the electronic voting system at the election is approved.
As added by P.L.221-2005, SEC.91.

IC 3-11-14.5-7 Sealing voting system and test materials after completion

Sec. 7. After completion of the count, the voting system shall be sealed. The ballots used
to conduct the test and all other election materials shall be sealed, retained, and disposed of
as provided for paper ballots.
As added by P.L.221-2005, SEC.91.

IC 3-11-14.5-8 Test of vote tabulation component from tested voting systems

Sec. 8. Immediately following the completion of the voting system test under section 5

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of this chapter, the county election board shall enter the vote totals from the voting systems
tested under this chapter into the component of the voting system used by the county election
board to tabulate election results under IC 3-12-3.5. The board shall determine whether this
component of the voting system properly tabulates the votes cast in each of the precincts
tested under this chapter.
As added by P.L.221-2005, SEC.91.

IC 3-11-14.5-9 Certification of test results to election division

Sec. 9. Not later than seven (7) days after conducting the tests required under this chapter,
the county election board shall certify to the election division that the tests have been
conducted in conformity with this chapter.
As added by P.L.221-2005, SEC.91.

IC 3-11-14.5-10 Copy of certification kept with election returns

Sec. 10. A copy of the certification of the tests conducted under this chapter shall be filed
with the election returns.
As added by P.L.221-2005, SEC.91.

IC 3-11-14.5-11 Sending forms to election division by electronic mail or fax

Sec. 11. Notwithstanding IC 3-5-4-1.7, a county election board may send by electronic
mail or fax a signed form from a public test to the election division.
As added by P.L.227-2023, SEC.107.

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IC 3-11-15 Chapter 15. Ballot Card and Electronic Voting Systems;
Additional Standards and Procedures for Approving System
Changes

3-11-15-1 Applicability of chapter

3-11-15-2 Applicability of performance and test standards and fees
3-11-15-3 Vendors; application to examine voting system
3-11-15-4 Application for certification; fee; disposition of fee
3-11-15-5 Vendors; reimbursement to election division for cost of examination
3-11-15-6 Approval of system dependent on payment of fees and expenses
3-11-15-7 Applications; contents
3-11-15-8 Applications; length of validity
3-11-15-9 Prompt response to inquiries by applicant required
3-11-15-10 Repealed
3-11-15-11 Repealed
3-11-15-12 Applications; form
3-11-15-13 Repealed
3-11-15-13.1 Voting system display of candidate name; optional display of candidate
designations
3-11-15-13.3 Federal voting system standards; use of voting system with expired
certification; systems required to have voter verifiable paper audit trail
3-11-15-13.4 Voting system and voters with disabilities
3-11-15-13.5 Repealed
3-11-15-13.6 Compliance with standards for disability access
3-11-15-13.7 Requirements of voting systems to indicate overvotes
3-11-15-13.8 Electronic adjudication of ballot features
3-11-15-13.9 Validation of testing method
3-11-15-14 Ballot counting devices and equipment; verification
3-11-15-15 Ballot counting devices and equipment; tests and diagnostic procedures
3-11-15-16 Electronic voting system; verification
3-11-15-17 Electronic voting system; tests and diagnostic procedures
3-11-15-18 Repealed
3-11-15-19 Repealed
3-11-15-20 Voting system; accuracy
3-11-15-21 Voting system; software
3-11-15-22 Ballot card voting system; verification and accuracy
3-11-15-23 Electronic voting system; preservation of electronic images of ballots
3-11-15-24 Voting system; status and degree of operability
3-11-15-25 Voting system; recording and reporting capabilities
3-11-15-26 Ballot counting software
3-11-15-27 Repealed
3-11-15-28 Repealed
3-11-15-29 Repealed
3-11-15-30 Repealed
3-11-15-31 Repealed
3-11-15-32 Repealed
3-11-15-33 Real-time monitoring of system status and data quality
3-11-15-34 Quality assessment
3-11-15-35 Repealed
3-11-15-36 Errors in operations; corrections
3-11-15-37 Retention of ballots for verification of election results
3-11-15-38 Stored images of ballots
3-11-15-39 Firmware instructions; undervoting permitted
3-11-15-40 Reconciliation of sum of selections and undervotes
3-11-15-41 Status messages
3-11-15-42 Status messages; display
3-11-15-43 Audit record; ability of voter to change vote before ballot cast
3-11-15-44 In-process audit records; contents
3-11-15-45 General features and capabilities of access policy; disclosure; background
checks
3-11-15-46 County election board defines access policies to voting systems and electronic

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 poll books; security protocols; default protocols
3-11-15-47 Access control policy; limitations on access
3-11-15-48 Access control policy; requirements
3-11-15-49 Approval required before voting system is marketed, sold, leased, installed, or
implemented; exception for display or demonstration, conditions
3-11-15-50 Repealed
3-11-15-51 Repealed
3-11-15-52 Repealed
3-11-15-53 Repealed
3-11-15-54 Software or source code changes
3-11-15-55 Repealed
3-11-15-56 Repealed
3-11-15-57 Repealed
3-11-15-58 Repealed
3-11-15-59 Disposition of voting system unit or electronic poll book unit; county election
board plan; filing and approval of plan
3-11-15-60 Sale, lease, or transfer of voting system certified for Indiana use; restrictions
3-11-15-61 Computer or device creating ballot layout or programming a voting system
may not be connected to Internet or a network

IC 3-11-15-1 Applicability of chapter

Sec. 1. Except as otherwise provided, this chapter applies to any election in Indiana where
voting is by means of a ballot card or electronic voting system.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-2 Applicability of performance and test standards and fees

Sec. 2. The performance and test standards and fees under this chapter apply to an optical
scan voting system or an electronic voting system described in IC 3-11-7 or IC 3-11-7.5.
As added by P.L.3-1997, SEC.332. Amended by P.L.221-2005, SEC.92.

IC 3-11-15-3 Vendors; application to examine voting system

Sec. 3. A vendor may apply to the election division to examine a voting system and report
on its accuracy, efficiency, and capacity.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-4 Application for certification; fee; disposition of fee

Sec. 4. (a) This section does not apply to an application for a de minimis change.
(b) Each application for certification of a voting system shall be accompanied by a fee of
five thousand dollars ($5,000). All fees collected under this section shall be deposited with
the treasurer of state in the voting system technical oversight program account established
by IC 3-11-17-6.
As added by P.L.3-1997, SEC.332. Amended by P.L.120-2009, SEC.9; P.L.71-2019,
SEC.20; P.L.227-2023, SEC.108.

IC 3-11-15-5 Vendors; reimbursement to election division for cost of

examination
Sec. 5. Each vendor shall reimburse the election division an amount equal to the total cost
of examining the system.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-6 Approval of system dependent on payment of fees and expenses

Sec. 6. The commission shall not approve any system until the fee and the expenses
incurred by the election division (or the person designated under IC 3-11-16) in making the
examination are paid by the person making the application.
As added by P.L.3-1997, SEC.332. Amended by P.L.221-2005, SEC.93.

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IC 3-11-15-7 Applications; contents
Sec. 7. (a) Each application must be in writing, sworn to or affirmed by the applicant,
under the penalties of perjury, on a form prescribed by the election division, and must satisfy
the following requirements:
(1) Provide the name and address of the vendor submitting the application.
(2) Provide the telephone number of the vendor.
(3) Provide the name, address, and telephone number of the individual representing the
vendor regarding the application.
(4) Provide the model name and number of the submitted voting system, stating the
hardware, firmware, and software version numbers of the system.
(5) State whether the voting system is a direct record electronic voting system or an
optical scan ballot card voting system.
(6) Provide a description of the voting system and its capabilities, including the
following:
(A) Photographs.
(B) Engineering drawings.
(C) Technical documentation.
(D) Fail-safe and emergency backup information.
(E) Environmental requirements for storage, transportation, and operation.
(7) Include an agreement to pay for the total costs of the examination.
(8) Provide documentation of the escrow of the voting system's software, firmware,
source codes, and executable images with an escrow agent approved by the election
division.
(9) Provide a functional description of any software components.
(10) Provide schematics or flowcharts identifying software and data file relationships.
(11) Describe the type of maintenance offered by the vendor.
(12) Provide information concerning batteries used in the voting system, including the
following:
(A) A list of all batteries to be used in the voting system and any peripherals.
(B) The expected life span of each battery.
(C) A log documenting when each battery was installed or subsequently replaced.
(D) A schedule for the replacement of each battery not later than thirty (30) days
before the end of the expected life span of each battery.
(E) Plans to test batteries before each election.
(F) Plans for the emergency replacement of batteries that fail on election day or
during the thirty (30) days before election day.
(13) Provide the names, addresses, and telephone numbers of the vendor's maintenance
providers.
(14) Provide a description of the training courses offered by the vendor for the voting
system.
(15) Provide user manuals, operator and system manuals, and problem solving manuals.
(16) Provide a statement of the current and future interchangeability of all
subcomponents of the voting system.
(17) Provide documentation from all independent testing authorities that have examined
the system.
(18) Provide documentation from all election jurisdictions that have previously
approved the system.
(19) State that the vendor has complied with, and will continue to comply with, section
45(b) of this chapter following certification of the system.
(20) Pay the application fee required under section 4 of this chapter.
(b) If an application does not include any of the applicable requirements listed in
subsection (a), those requirements must be filed with the election division before the
application may be considered by the commission.

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As added by P.L.3-1997, SEC.332. Amended by P.L.14-2004, SEC.133; P.L.169-2015,
SEC.132; P.L.71-2019, SEC.21; P.L.135-2020, SEC.6.

IC 3-11-15-8 Applications; length of validity

Sec. 8. An application under this chapter is valid for one (1) year after the date that the
application is filed with the election division and for any additional time that the commission
considers necessary to act upon the application.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-9 Prompt response to inquiries by applicant required

Sec. 9. An applicant must vigorously and continuously seek approval of an application
by promptly responding to inquiries from the commission and the election division. The
commission may, following a hearing under IC 4-21.5, dismiss an application if the
commission determines that the applicant has not complied with this requirement.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-10 Repealed
As added by P.L.3-1997, SEC.332. Amended by P.L.14-2004, SEC.134. Repealed by
P.L.221-2005, SEC.144.

IC 3-11-15-11 Repealed
As added by P.L.3-1997, SEC.332. Repealed by P.L.221-2005, SEC.144.

IC 3-11-15-12 Applications; form

Sec. 12. Each application under this chapter must be in writing on a form prescribed by
the election division and must comply with the requirements of this chapter.
As added by P.L.3-1997, SEC.332. Amended by P.L.169-2015, SEC.133.

IC 3-11-15-13 Repealed
As added by P.L.3-1997, SEC.332. Amended by P.L.126-2002, SEC.74; P.L.116-2003,
SEC.10; P.L.209-2003, SEC.163; P.L.97-2004, SEC.9. Repealed by P.L.164-2006, SEC.143.

IC 3-11-15-13.1 Voting system display of candidate name; optional display of

candidate designations
Sec. 13.1. (a) If a voting system has the capability, the voting system must display on the
medium used by the voter to cast the voter's ballot the name of each candidate.
(b) A county election board or a board of elections and registration may require a voting
system to display on the medium used by the voter to cast the voter's ballot a ballot number
or other candidate designation uniquely associated with the candidate.
As added by P.L.66-2003, SEC.43. Amended by P.L.190-2011, SEC.12; P.L.170-2019,
SEC.13.

IC 3-11-15-13.3 Federal voting system standards; use of voting system with

expired certification; systems required to have voter verifiable
paper audit trail
Sec. 13.3. (a) To be approved by the commission for use in Indiana, a voting system must
meet one (1) of the following:
(1) The Voting System Standards adopted by the Federal Election Commission on
April 30, 2002.
(2) The Voluntary Voting System Guidelines adopted by the United States Election
Assistance Commission on December 13, 2005.
(3) The Voluntary Voting System Guidelines adopted by the United States Election
Assistance Commission, as amended on March 31, 2015.

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 (b) Except as provided in subsection (c), a county may continue to use an optical scan
ballot card voting system or an electronic voting system whose approval or certification
expired on or before October 1, 2021, if the voting system:
(1) was:
(A) approved by the commission for use in elections in Indiana before October 1,
2021; and
(B) purchased or leased by the county before October 1, 2021; and
(2) otherwise complies with the applicable provisions of HAVA and this article.
However, a voting system vendor may not market, sell, lease, or install a voting system
described in this subsection.
(c) A county may not continue to use an electronic voting system after July 1, 2024,
unless the:
(1) system includes a voter verifiable paper audit trail; and
(2) certification of that system by the commission has not expired.
(d) As provided by 52 U.S.C. 21081, to be used in an election in Indiana, a voting system
must be accessible for individuals with disabilities, including nonvisual accessibility for the
blind and visually impaired, in a manner that provides the same opportunity for access and
participation (including privacy and independence) as for other voters.
(e) As provided by 52 U.S.C. 21081, an election board conducting an election satisfies
the requirements of subsection (d) if the election board provides at least one (1) electronic
voting system or other voting system equipped for individuals with disabilities at each polling
place.
(f) If a voter who is otherwise qualified to cast a ballot in a precinct chooses to cast the
voter's ballot on the voting system provided under subsection (e), the voter must be allowed
to cast the voter's ballot on that voting system, whether or not the voter is an individual with
disabilities.
As added by P.L.209-2003, SEC.164. Amended by P.L.221-2005, SEC.94; P.L.164-2006,
SEC.118; P.L.120-2009, SEC.10; P.L.219-2013, SEC.51; P.L.128-2015, SEC.195;
P.L.21-2016, SEC.21; P.L.71-2019, SEC.22; P.L.193-2021, SEC.59; P.L.115-2022, SEC.10.

IC 3-11-15-13.4 Voting system and voters with disabilities

Sec. 13.4. (a) This section does not apply to the purchase, lease, or lease-purchase of
additional or replacement components of a voting system in use in a county before January
1, 2005.
(b) The commission shall determine whether a voting system provides a practical and
effective means for voters with disabilities to cast ballots in private.
(c) If the commission determines that any voting system meets the criteria described in
subsection (b), a county may not purchase, lease, or lease-purchase any other voting system
that does not meet the criteria described in subsection (b).
As added by P.L.97-2004, SEC.10.

IC 3-11-15-13.5 Repealed
As added by P.L.126-2002, SEC.75 and P.L.209-2003, SEC.165. Repealed by P.L.97-2004,
SEC.133.

IC 3-11-15-13.6 Compliance with standards for disability access

Sec. 13.6. (a) This section applies only to a voting system purchased with funds made
available under Title II of HAVA (52 U.S.C. 20921 through 52 U.S.C. 21072) after
December 31, 2006.
(b) As required by 42 U.S.C. 15481, the voting system must comply with the Voting
System Standards for disability access referred to in section 13.3 of this chapter and 52
U.S.C. 21081(a)(3) to be used in an election.
As added by P.L.97-2004, SEC.11. Amended by P.L.128-2015, SEC.196.

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IC 3-11-15-13.7 Requirements of voting systems to indicate overvotes
Sec. 13.7. (a) If a voting system has any of the following functions, the functions must be
operable in the voting system's equipment actually in use in a precinct:
(1) The voting system can demonstrate to the voter that the voter has cast votes for too
many candidates for an office.
(2) The voting system can demonstrate to the voter that the voter has cast votes both
in favor of and in opposition to a public question.
(b) Except as provided in subsection (c), a voting system described in subsection (a) must
be able to inform the voter how the voter may correct errors on the voter's ballot.
(c) A voting system is not required to provide the information required by subsection (b)
if the information is provided in writing conspicuously on or near the components of the
voting system where the voter casts the voter's votes.
As added by P.L.126-2002, SEC.76.

IC 3-11-15-13.8 Electronic adjudication of ballot features

Sec. 13.8. A voting system certified for use under this chapter may include features to
permit the use of electronic adjudication of ballots to review voter intent so long as:
(1) the adjudication is conducted in compliance with Indiana law; and
(2) the software is a part of the electronic management system (EMS) certified by the
commission as part of the voting system.
As added by P.L.193-2021, SEC.60.

IC 3-11-15-13.9 Validation of testing method

Sec. 13.9. A voting system must have a validation method approved by the commission
as part of the certification of the voting system to ensure that the software is tested and that
no uncertified software is present on the voting system. A vendor shall provide the
instructions for use of the validation method to the entity designated under IC 3-11-16 to
permit the entity to perform this validation before the voting system is certified under this
chapter and at any time during the term of the certification of the voting system.
As added by P.L.193-2021, SEC.61.

IC 3-11-15-14 Ballot counting devices and equipment; verification

Sec. 14. In ballot card voting systems, each precinct ballot counting device, and all central
counting equipment, must contain provisions for verifying:
(1) its proper preparation for an election; and
(2) that both the hardware and the software are functioning correctly.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-15 Ballot counting devices and equipment; tests and diagnostic

procedures
Sec. 15. The tests and diagnostic procedures described in section 14 of this chapter:
(1) may be executed manually or automatically; and
(2) must allow for operator intervention to validate the proper execution of individually
selected equipment functions.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-16 Electronic voting system; verification

Sec. 16. Each electronic voting system or vote recording and data processing device shall
contain hardware and software provisions for verifying:
(1) its proper preparation for an election; and
(2) that both the hardware and the software are functioning correctly.
As added by P.L.3-1997, SEC.332.

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IC 3-11-15-17 Electronic voting system; tests and diagnostic procedures
Sec. 17. The tests and diagnostic procedures described in section 16 of this chapter:
(1) may be carried out manually or automatically; and
(2) must allow for operator intervention to validate the proper execution of individually
selected equipment functions.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-18 Repealed
As added by P.L.3-1997, SEC.332. Repealed by P.L.26-2000, SEC.46.

IC 3-11-15-19 Repealed
As added by P.L.3-1997, SEC.332. Repealed by P.L.26-2000, SEC.46.

IC 3-11-15-20 Voting system; accuracy

Sec. 20. (a) A voting system must be able to record accurately each vote and be able to
produce an accurate report of all votes cast.
(b) As used in this subsection, "error rate" refers to the error rate of the voting system in
counting ballots (determined by taking into account only those errors that are attributable to
the voting system and not attributable to an act of the voter). As required by 52 U.S.C.
21081, a voting system must comply with the error rate standards established under section
4.1.1 of the Voluntary Voting System Guidelines adopted by the United States Election
Assistance Commission, as amended on March 31, 2015.
(c) The inclusion of control logic and data processing methods incorporating parity and
check-sums (or equivalent error detection and correction methods) must demonstrate that the
system has been designed for accuracy.
As added by P.L.3-1997, SEC.332. Amended by P.L.209-2003, SEC.166; P.L.128-2015,
SEC.197; P.L.100-2018, SEC.8.

IC 3-11-15-21 Voting system; software

Sec. 21. Software used in a voting system must monitor the overall quality of data
read-write and transfer quality status, checking the number and types of errors that occur in
any of the relevant operations on data and how they were corrected.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-22 Ballot card voting system; verification and accuracy

Sec. 22. Ballot card voting systems must rely on the retention of ballots as a redundant
means of verifying or auditing election results. As a means of assuring accuracy in electronic
voting systems, the unit must incorporate multiple memories in the machine itself and in its
programmable memory devices.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-23 Electronic voting system; preservation of electronic images of

ballots
Sec. 23. To attain a measure of integrity over the process, the electronic voting systems
must also maintain an image of each ballot that is cast, such that records of individual ballots
are maintained by a subsystem independent and distinct from the main vote detection,
interpretation, processing, and reporting path. The electronic images of each ballot must
protect the integrity of the data and the anonymity of each voter, for example, by means of
storage location scrambling. The ballot image records may be either machine-readable or
manually transcribed, or both, at the discretion of the vendor.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-24 Voting system; status and degree of operability

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 Sec. 24. Ballot card voting and electronic voting systems must include built-in test,
measurement, and diagnostic software, and hardware for detecting and reporting the system's
status and degree of operability.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-25 Voting system; recording and reporting capabilities

Sec. 25. A voting system must include capabilities of recording and reporting the date and
time of normal and abnormal events and of maintaining a permanent record of audit
information that cannot be turned off. A voting system must include provisions to detect and
record significant events, such as casting a ballot, error conditions that cannot be disposed
of by the system itself, or time-dependent or programmed events that occur without the
intervention of the voter or a polling place operator.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-26 Ballot counting software

Sec. 26. The ballot counting software must be designed in a modular fashion and not be
self-modifying. Modular programs must consist of code written in relatively small and easily
identifiable sections, with each unit having a single entry point and a single exit point. Each
module must have a specific function that can be tested and verified more or less
independently of the remainder of the code.
As added by P.L.3-1997, SEC.332. Amended by P.L.219-2013, SEC.52.

IC 3-11-15-27 Repealed
As added by P.L.3-1997, SEC.332. Repealed by P.L.26-2000, SEC.46.

IC 3-11-15-28 Repealed
As added by P.L.3-1997, SEC.332. Repealed by P.L.26-2000, SEC.46.

IC 3-11-15-29 Repealed
As added by P.L.3-1997, SEC.332. Repealed by P.L.26-2000, SEC.46.

IC 3-11-15-30 Repealed
As added by P.L.3-1997, SEC.332. Repealed by P.L.26-2000, SEC.46.

IC 3-11-15-31 Repealed
As added by P.L.3-1997, SEC.332. Repealed by P.L.26-2000, SEC.46.

IC 3-11-15-32 Repealed
As added by P.L.3-1997, SEC.332. Amended by P.L.209-2003, SEC.167. Repealed by
P.L.219-2013, SEC.53.

IC 3-11-15-33 Real-time monitoring of system status and data quality

Sec. 33. The vendor shall provide for the real-time monitoring of system status and data
quality. The election division (or the competent person designated by the commission to act
on behalf of the election division) shall determine methods of assessment with the advice of
a test authority. Implementation options include the following:
(1) Hardware monitoring of redundant processing functions which are carried out in
parallel or serially.
(2) Statistical assessment and measures of system operation.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-34 Quality assessment

Sec. 34. Measurement of the relative frequency of entry to program units and the

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frequency of exception conditions must be included as part of the quality assessment.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-35 Repealed
As added by P.L.3-1997, SEC.332. Repealed by P.L.176-1999, SEC.134.

IC 3-11-15-36 Errors in operations; corrections

Sec. 36. Software used in all systems must monitor the overall quality of data read-write
and transfer quality status, checking the number and types of errors that occur in any of the
relevant operations on data and how the errors were corrected. If the total number of
corrected errors exceeds a predetermined threshold, or if errors on any one (1) type occur
repeatedly, then the operation of the affected device must be suspended until the condition
generating the errors has been corrected. Any uncorrectable error must result in an immediate
halt and provide an appropriate message to the voter or polling place official.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-37 Retention of ballots for verification of election results

Sec. 37. Ballot card voting systems must rely on the retention of ballots as a redundant
means of verifying election results. As a means of assuring accuracy in electronic voting
systems, the unit must incorporate multiple memories in the machine itself and in the unit's
programmable memory devices. To attain a measure of integrity over the process, an
electronic voting system must also maintain images of each ballot that is cast so that records
of individual ballots are maintained by a subsystem independent and distinct from the main
vote detection, diagnostic, processing, and reporting path.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-38 Stored images of ballots

Sec. 38. The stored images of each ballot must protect the integrity of the data and the
anonymity of each voter by such means as storage location scrambling. The ballot image
records may be either machine readable or manually transcribed, or both, at the discretion
of the vendor.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-39 Firmware instructions; undervoting permitted

Sec. 39. The electronic voting system firmware instructions must contain necessary
logical instructions to determine correct recording of each and every candidate or public
question selection made by the voter to the appropriate memory registers and tables. In the
case of a partially voted ballot, deliberate undervoting by a voter must be permitted. This
undervoting must be validated by machine determination that particular candidate or public
question selections have not been made. In cases where a selected candidate or vote on a
public question is not recording correctly upon casting of the ballot, the electronic voting
system equipment must generate an error signal and automatically stop operation of the
machine until the problem is resolved.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-40 Reconciliation of sum of selections and undervotes

Sec. 40. After every ballot is cast, a reconciliation of the sum of selections and undervotes
must occur. The undervotes may not be generated as a default but must be generated as the
result of scanning the ballot as the ballot is cast.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-41 Status messages

Sec. 41. Status messages must become part of the real-time audit record. Latitude in

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software design is necessary so that consideration can be given to various user processing and
reporting needs. The user shall require status and information messages to be displayed and
reported in real-time.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-42 Status messages; display

Sec. 42. Depending on the critical nature of the message, and the particular jurisdiction's
needs, status messages shall preferably be displayed and reported by suitable, unambiguous
indicators or English language text. Noncritical status messages may be displayed if the
message does not require operator intervention by means of numerical codes, for subsequent
interpretation and reporting as ambiguous text.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-43 Audit record; ability of voter to change vote before ballot cast
Sec. 43. (a) The audit record provisions in this chapter are essential to the complete
recording of election operations and reporting of the vote tally. This list of audit records must
reflect all of the idiosyncrasies of a system.
(b) As required by 52 U.S.C. 21081, the voting system must:
(1) produce a permanent paper record with a manual audit capacity for the system; and
(2) provide the voter with an opportunity to change the ballot or correct any error
before the permanent paper record is produced.
(c) The paper record produced under subsection (b) must be made available as an official
record for a recount or contest conducted with respect to any election in which the voting
system was used.
As added by P.L.3-1997, SEC.332. Amended by P.L.209-2003, SEC.168; P.L.128-2015,
SEC.198.

IC 3-11-15-44 In-process audit records; contents

Sec. 44. In-process audit records consist of data documenting precinct and central count
system operation during diagnostic routines and the casting and tallying of ballots. At a
minimum, the in-process audit records for all systems must contain the following items,
except as otherwise noted:
(1) Machine generated error and exception messages to ensure that successful recovery
has been accomplished. Examples include the following:
(A) The source and disposition of system interrupts resulting in entry into exception
handling routines.
(B) All messages generated by exception handlers.
(C) The identification code and number of occurrences for each hardware and
software error or failure.
(D) Notification of system log-in or access errors, file access errors, and physical
violations of security as they occur, and a summary record of these events after
processing.
(E) For ballot card voting systems, an event log of any ballot-related exceptions, such
as the following:
(i) Quantity of ballots that are not processable.
(ii) Quantity of ballots requiring special handling.
(iii) In a central count environment, quantity identification number of aborted
precincts.
(F) Other exceptional events such as power failures, failure of critical hardware
components, data transmission errors, or other types of operating anomalies.
(2) Critical system status messages other than informational messages displayed by the
system during the course of normal operations. These items include the following:
(A) Diagnostic and status messages upon startup.

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 (B) The "zero totals" check conducted before opening the polling place or counting
a precinct centrally.
(C) For ballot card voting systems, the initiation or termination of card reader and
communications equipment operations.
(D) For electronic voting system machines, the event (and time, if available) of
enabling/casting each ballot that is each voter's transaction as an event. This data can
be compared with the public counter for reconciliation purposes.
(3) Status messages that are generated by the machine's data quality monitor or by
software and hardware condition monitors. For example, a cumulative or summary
record of data read-write-verify, parity, or check-sum errors and retries is required. The
intent is to gauge the accuracy of the ballot data and adequacy of the system in
monitoring and detecting system processing errors.
(4) System generated log of all normal process activity and system events that require
operator intervention so that each operator access can be monitored and access
sequence can be constructed.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-45 General features and capabilities of access policy; disclosure;

background checks
Sec. 45. (a) The vendor shall disclose the general features and capabilities of the access
policy. The generic capabilities should include the following:
(1) Software access controls.
(2) Hardware access controls.
(3) Effective password management.
(4) The protection abilities of a particular operating system.
(5) The general characteristics of supervisory access privileges.
(b) The vendor shall conduct a background check at least once each year on each
individual:
(1) employed or contracted by the vendor; and
(2) who has access to the voting system;
to determine if the individual has been convicted of a felony. An individual described by this
subsection who has been convicted of a felony may not have access to a voting system in the
individual's capacity as an employee or contractor of the vendor.
As added by P.L.3-1997, SEC.332. Amended by P.L.71-2019, SEC.23.

IC 3-11-15-46 County election board defines access policies to voting systems

and electronic poll books; security protocols; default protocols
Sec. 46. (a) The county election board is responsible for defining the specific access
policies applying to voting systems and electronic poll books in each election and for
specifying when any variations from these policies are permitted.
(b) The county election board may adopt a resolution to establish a security protocol to
secure the voting systems and electronic poll books used in each election conducted in the
county. The security protocol must include an audit trail to detect unauthorized access to the
voting systems and electronic poll books. A resolution adopted under this subsection must
be adopted by the unanimous vote of the board's entire membership. If the board adopts a
resolution under this subsection, the requirements of subsections (c) through (g) do not apply
to the county when a copy of the resolution is filed with the election division. A resolution
adopted under this subsection is confidential. The person or entity conducting the voting
system technical oversight program and the election division shall be available to advise the
county election board in the development of a security protocol under this subsection.
(c) The county election board shall place a uniquely numbered seal on each voting system
and electronic poll book used in an election to secure the voting system and electronic poll
book and permit post-election auditing. The form of the seal and information contained on

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the seal shall be prescribed by the election division and must make it impossible to access
the sealed part of the unit without detection.
(d) The county election board shall place the seal described in subsection (c) on the voting
system or electronic poll book immediately upon completion of the canvass of votes cast in
an election in which the voting system or electronic poll book was made available for use at
a precinct or vote center.
(e) The seal must remain in place except when the county election board orders unsealing
of the voting system or electronic poll book in one (1) of the following cases when the board
finds unsealing to be necessary:
(1) To conduct maintenance on the voting system or electronic poll book.
(2) To prepare the voting system or electronic poll book for use in the next election to
be conducted by the county in which the voting system or electronic poll book will be
made available.
(3) To install certified voting system hardware, firmware, or software on a voting
system or certified upgrades on an electronic poll book.
(4) To conduct a public test of the voting system or electronic poll book required by
state law.
(5) To conduct an audit authorized or required by this title.
(6) For the county election board to correct an error under IC 3-12-5-14.
(7) When ordered during a recount or contest proceeding under IC 3-12.
(f) The county election board shall reseal the voting system or electronic poll book
immediately after the completion of the maintenance, installation, audit, correction, recount
proceeding, or contest proceeding. When the county election board orders the unsealing of
the voting system or electronic poll book to prepare for the use of the equipment in an
election, the voting system or electronic poll book may remain unsealed until the canvassing
is completed under subsection (d).
(g) The county election board shall document when each voting system or electronic poll
book is sealed or unsealed under this section, identifying:
(1) the serial number of each voting system or electronic poll book that is sealed or
unsealed;
(2) the date on which the sealing or unsealing occurred; and
(3) the individual who performed the sealing or unsealing.
As added by P.L.3-1997, SEC.332. Amended by P.L.100-2018, SEC.9; P.L.71-2019, SEC.24.

IC 3-11-15-47 Access control policy; limitations on access

Sec. 47. The access control policy must identify all persons to whom access is granted and
the specific functions and data to which each holds authorized access. If an authorization is
limited to a specific time, time interval, or phase of the voting or counting operations, this
limitation must also be specified.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-48 Access control policy; requirements

Sec. 48. The access control policy:
(1) may not affect the ability of a voter to record votes and submit a ballot; and
(2) must preclude voter access to all other physical facilities of the vote-counting
processes.
As added by P.L.3-1997, SEC.332.

IC 3-11-15-49 Approval required before voting system is marketed, sold,

leased, installed, or implemented; exception for display or
demonstration, conditions
Sec. 49. (a) Except as provided in subsection (b) or (c), before a vendor markets, sells,
leases, installs, or permits the implementation of a voting system in Indiana, the commission

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must have approved the vendor's application for the approval of the voting system.
(b) A vendor may display or demonstrate a voting system that has not been approved by
the commission for use in Indiana, if the vendor complies with all the following
requirements:
(1) The display or demonstration occurs at a conference of election officials sponsored
by:
(A) a state agency; or
(B) an association of circuit court clerks or voter registration officers.
(2) The vendor files a notice with the election division at least seven (7) days before
the scheduled starting date of a conference referred to in subdivision (1) setting forth
the following:
(A) The name of the vendor and each vendor representative scheduled to display or
demonstrate the voting system.
(B) The address and telephone number of the vendor.
(C) The model name and number of the voting system, including the hardware,
firmware, and software version number for the voting system.
(D) The name and manufacturer of the voting system.
(E) The date and location of the display or demonstration of the voting system.
(3) The vendor displays the voting system with a notice that:
(A) is in at least 16 point type size;
(B) is posted on the face of the voting system; and
(C) states that the voting system is "Not Approved for Use in Indiana".
(4) The vendor ensures that each communication concerning the voting system that is
available or made at a conference referred to in subdivision (1) includes a statement
that the voting system is "Not Approved for Use in Indiana". A printed communication
must include the statement in a type size that is at least as large as the largest type size
used in the communication.
(c) Notwithstanding subsection (b), a vendor may display or demonstrate an electronic
voting system which includes a voter verifiable paper audit trail if the vendor demonstrates
the system only to a county which is currently using an electronic voting system provided by
that vendor which does not include a voter verifiable paper audit trail.
As added by P.L.3-1997, SEC.332. Amended by P.L.14-2004, SEC.135; P.L.219-2013,
SEC.54; P.L.71-2019, SEC.25.

IC 3-11-15-50 Repealed
As added by P.L.3-1997, SEC.332. Repealed by P.L.221-2005, SEC.144.

IC 3-11-15-51 Repealed
As added by P.L.3-1997, SEC.332. Amended by P.L.14-2004, SEC.136. Repealed by
P.L.221-2005, SEC.144.

IC 3-11-15-52 Repealed
As added by P.L.3-1997, SEC.332. Repealed by P.L.221-2005, SEC.144.

IC 3-11-15-53 Repealed
As added by P.L.3-1997, SEC.332. Repealed by P.L.221-2005, SEC.144.

IC 3-11-15-54 Software or source code changes

Sec. 54. Notwithstanding any other provision of this chapter, the software or source code
of a voting system may not be changed while an election is being conducted or during the
canvassing of the election's results.
As added by P.L.3-1997, SEC.332.

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IC 3-11-15-55 Repealed
As added by P.L.3-1997, SEC.332. Repealed by P.L.221-2005, SEC.144.

IC 3-11-15-56 Repealed
As added by P.L.3-1997, SEC.332. Repealed by P.L.221-2005, SEC.144.

IC 3-11-15-57 Repealed
As added by P.L.3-1997, SEC.332. Amended by P.L.14-2004, SEC.137. Repealed by
P.L.221-2005, SEC.144.

IC 3-11-15-58 Repealed
As added by P.L.3-1997, SEC.332. Repealed by P.L.221-2005, SEC.144.

IC 3-11-15-59 Disposition of voting system unit or electronic poll book unit;

county election board plan; filing and approval of plan
Sec. 59. (a) Whenever a county wishes to dispose of a voting system unit or an electronic
poll book unit, the county election board must first file a plan with the election division. The
plan must state all of the following:
(1) The serial number of each unit to be disposed of by the county.
(2) The method to be used for disposal of the equipment, including sale, transfer, or
destruction of the equipment and the details about how the equipment will be disposed
of. For purposes of this subdivision, a disposal method of an electronic poll book unit
may include the deletion of any electronic poll book software on the unit and the
repurposing of the unit as an electronic device to display an electronic form of a sample
ballot under IC 3-11-3-25, IC 3-11-11-1.3, IC 3-11-13-10.5, and IC 3-11-14-18.5.
(3) That the disposal will occur in compliance with federal and state laws requiring the
retention of election materials until the expiration of the period specified by those laws.
(4) The details regarding the person that will dispose of the equipment.
(b) If the election division approves the proposed plan, the election division shall notify:
(1) the county election board, which may then dispose of the equipment; and
(2) the voting system technical oversight program (VSTOP) (established by
IC 3-11-16-2).
(c) A county may not dispose of a voting system unit or an electronic poll book unit by
selling, transferring, or otherwise surrendering ownership to a person to which a voting
system vendor is prohibited to sell, lease, or transfer possession of a voting system under
section 60 of this chapter, except to the vendor from whom the county acquired the voting
system unit or electronic poll book.
(d) A plan filed with the election division under this section is confidential.
As added by P.L.100-2018, SEC.10. Amended by P.L.193-2021, SEC.62; P.L.227-2023,
SEC.109.

IC 3-11-15-60 Sale, lease, or transfer of voting system certified for Indiana

use; restrictions
Sec. 60. (a) This section applies to a voting system certified for use in Indiana elections.
(b) A vendor may not sell, lease, or transfer possession of a voting system to a person
except to:
(1) an Indiana county;
(2) the voting system technical oversight program (VSTOP) (established by
IC 3-11-16-2);
(3) a state or local government in the United States for the purpose of conducting
elections in that jurisdiction; or
(4) a political party in Indiana entitled to nominate candidates for the general election
at:

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 (A) a convention conducted under IC 3-8-4; or
(B) a town convention conducted under IC 3-8-5;
for the limited purpose of conducting the nomination of the candidates.
As added by P.L.100-2018, SEC.11.

IC 3-11-15-61 Computer or device creating ballot layout or programming a

voting system may not be connected to Internet or a network
Sec. 61. (a) This section does not apply to an electronic poll book.
(b) A computer or electronic device used:
(1) to create the layout of a ballot for an election;
(2) to program a voting system, electronic voting system, or ballot card voting system;
or
(3) with election management software certified for use as part of a voting system;
may not be connected to the Internet or any network that connects to another computer or
electronic device.
As added by P.L.193-2021, SEC.63.

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IC 3-11-16 Chapter 16. Voting System Technical Oversight Program

3-11-16-1 "Program"
3-11-16-2 Program established
3-11-16-3 Secretary of state to contract for operation of program
3-11-16-4 Requirements of contractor
3-11-16-5 Update of voting system inventory; certification
3-11-16-6 Inventory of voting systems and electronic poll books confidential

IC 3-11-16-1 "Program"
Sec. 1. As used in this chapter, "program" refers to the voting system technical oversight
program established by section 2 of this chapter.
As added by P.L.221-2005, SEC.95.

IC 3-11-16-2 Program established

Sec. 2. The voting system technical oversight program is established.
As added by P.L.221-2005, SEC.95.

IC 3-11-16-3 Secretary of state to contract for operation of program

Sec. 3. The secretary of state shall contract with a person or an entity to conduct the
program for a term specified in the contract.
As added by P.L.221-2005, SEC.95.

IC 3-11-16-4 Requirements of contractor

Sec. 4. The person or entity designated under this chapter to conduct the program shall
do the following:
(1) Develop and propose procedures and standards for the certification, acquisition,
functioning, training, and security for voting systems and electronic poll books used to
conduct elections in Indiana.
(2) Compile and maintain an inventory of all voting systems and electronic poll books
used to conduct elections in Indiana. The inventory must:
(A) include unique serial numbers to identify each voting system unit and electronic
poll book; and
(B) indicate the location where each voting system unit or electronic poll book is
ordinarily stored.
(3) Review reports concerning voting systems and electronic poll books prepared by
independent laboratories and submitted by applicants for voting system and electronic
poll book certification.
(4) Recommend to the commission whether an application for voting system
certification should be approved and, if so, whether the approval should be subject to
any restrictions or conditions to ensure compliance with Indiana law.
(5) Perform any additional testing of a voting system or electronic poll book necessary
to determine whether the voting system or electronic poll book complies with state law.
(6) In each odd-numbered year perform random audits of voting systems and electronic
poll books used to conduct Indiana elections and prepare reports indicating whether the
voting systems and electronic poll books have been certified, programmed, and used
in compliance with Indiana law.
(7) Review contracts, leases, purchase orders, and amendments to those documents
concerning the acquisition or maintenance of voting systems and electronic poll books.
(8) Assist with the development of quantity purchase agreements and other contracts
for the lease or purchase of voting systems, electronic poll books, or devices to secure
and monitor facilities where voting systems and electronic poll books are stored.
(9) Determine when a voting system or electronic poll book used by a county has

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 reached the end of the voting system's or electronic poll book's expected period of
satisfactory performance, and notify each county using the voting system or the
electronic poll book of this determination.
(10) Develop and propose procedures and standards for the certification, acquisition,
functioning, training, and security for electronic poll books used to conduct elections
in Indiana.
(11) Perform any other duties related to the approval or use of voting systems or
electronic poll books as provided in:
(A) state law; or
(B) the contract described in section 3 of this chapter.
As added by P.L.221-2005, SEC.95. Amended by P.L.271-2013, SEC.22; P.L.100-2018,
SEC.12; P.L.71-2019, SEC.26; P.L.193-2021, SEC.64.

IC 3-11-16-5 Update of voting system inventory; certification

Sec. 5. Each county election board shall regularly provide information to the program to
update the inventory of voting systems and electronic poll books maintained under section
4 of this chapter. Not later than January 31 of each year, the county election board shall
certify to the secretary of state that the information set forth in the inventory regarding the
voting systems and electronic poll books of the county is accurate, to the best of the
knowledge and belief of the county election board.
As added by P.L.100-2018, SEC.13.

IC 3-11-16-6 Inventory of voting systems and electronic poll books

confidential
Sec. 6. The inventory of voting systems and electronic poll books maintained by VSTOP
under section 4 of this chapter is confidential.
As added by P.L.71-2019, SEC.27 and P.L.278-2019, SEC.114.

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IC 3-11-17 Chapter 17. Voting System Violations

3-11-17-1 Application
3-11-17-2 Marketing, sale, lease, installation, implementation, or permission for use of
voting system in violation of election law; civil penalty
3-11-17-3 Civil penalty assessed by secretary of state; maximum penalty
3-11-17-4 Imposition of civil penalty requires administrative adjudication
3-11-17-5 Deposit of civil penalties
3-11-17-6 Voting system technical oversight program account; source and use of money;
expenses
3-11-17-7 Improper acquisition of voting system or electronic poll book; improper
alteration or access of voter registration data; anomalies; reports, contents
3-11-17-7.2 Expired
3-11-17-8 Statement of vendor; foreign national who directly or indirectly owns or
controls vendor; amendments to reflect changes in information
3-11-17-9 Anomaly reports confidential; exception

IC 3-11-17-1 Application
Sec. 1. This chapter applies to a voting system or an electronic poll book vendor who
markets, sells, leases, installs, implements, or permits the use of a voting system or an
electronic poll book in an election conducted in Indiana.
As added by P.L.221-2005, SEC.96. Amended by P.L.271-2013, SEC.23; P.L.258-2013,
SEC.79.

IC 3-11-17-2 Marketing, sale, lease, installation, implementation, or

permission for use of voting system in violation of election law;
civil penalty
Sec. 2. In addition to any other penalty imposed, a vendor who knowingly, recklessly, or
negligently:
(1) markets, sells, leases, installs, implements, or permits the use of a voting system or
an electronic poll book in an election conducted in Indiana in violation of this title; or
(2) violates section 7(b) or 8 of this chapter;
is subject to a civil penalty under this chapter.
As added by P.L.221-2005, SEC.96. Amended by P.L.219-2013, SEC.57; P.L.157-2019,
SEC.25; P.L.193-2021, SEC.65.

IC 3-11-17-3 Civil penalty assessed by secretary of state; maximum penalty

Sec. 3. If the secretary of state determines that a vendor is subject to a civil penalty under
section 2 of this chapter, the secretary of state may assess a civil penalty. The civil penalty
assessed under this section may not exceed three hundred thousand dollars ($300,000), plus
any investigative costs incurred and documented by the secretary of state.
As added by P.L.221-2005, SEC.96.

IC 3-11-17-4 Imposition of civil penalty requires administrative adjudication

Sec. 4. The secretary of state is subject to IC 4-21.5 in imposing a civil penalty under this
chapter.
As added by P.L.221-2005, SEC.96.

IC 3-11-17-5 Deposit of civil penalties

Sec. 5. All civil penalties collected under this chapter shall be deposited with the treasurer
of state in the voting system technical oversight program account established by section 6 of
this chapter.
As added by P.L.221-2005, SEC.96.

IC 3-11-17-6 Voting system technical oversight program account; source

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 and use of money; expenses
Sec. 6. (a) The voting system technical oversight program account is established within
the state general fund to provide money for administering and enforcing IC 3-11-7,
IC 3-11-7.5, IC 3-11-15, IC 3-11-16, and this chapter.
(b) The secretary of state shall administer the account. With the approval of the budget
agency, funds in the account are available to augment and supplement the funds appropriated
to the secretary of state for the purposes described in this section.
(c) The expenses of administering the account shall be paid from the money in the
account.
(d) The account consists of the following:
(1) All civil penalties collected under this chapter.
(2) Fees collected under IC 3-11-15-4.
(3) Contributions to the account made in accordance with a settlement agreement
executed with a voting system vendor.
(4) Money appropriated by the general assembly for the voting system technical
oversight program.
(e) Money in the account at the end of a state fiscal year does not revert to the state
general fund.
As added by P.L.221-2005, SEC.96. Amended by P.L.3-2008, SEC.3; P.L.120-2009,
SEC.11; P.L.74-2017, SEC.55; P.L.201-2023, SEC.50.

IC 3-11-17-7 Improper acquisition of voting system or electronic poll book;

improper alteration or access of voter registration data;
anomalies; reports, contents
Sec. 7. (a) A county election board shall file a report with the secretary of state and the
election division not later than forty-eight (48) hours after receiving notice from a federal,
state, or local government agency that:
(1) a voting system or electronic poll book has been improperly obtained or altered in
a manner that violates Indiana law; or
(2) the data concerning the county maintained in the statewide voter registration system
has been accessed or altered by a person in violation of Indiana law.
(b) A vendor of a voting system or electronic poll book shall file a report with the
secretary of state and the election division not later than forty-eight (48) hours after
discovering that an anomaly or problem has occurred in a voting system or electronic poll
book due to technical or human error. However, if the anomaly or problem is discovered less
than twenty-eight (28) days before 11:59 p.m. on election day, the vendor must file a report
not later than two (2) hours after discovering the anomaly or problem.
(c) The secretary of state and the co-directors of the election division may designate a
person to aggregate, analyze, make recommendations, and subsequently report anomalies as
requested by the secretary and the co-directors of the election division.
(d) The report described in subsection (b) must state all of the following:
(1) The nature of the anomaly or problem.
(2) The county, precinct, vote center, satellite office, or in-person absentee voting
location affected.
(3) The vendor's preliminary plan to resolve the anomaly or problem by preventing any
impediment to voters casting ballots, or to the accuracy and integrity of the election
process.
(4) The date and time an anomaly was first experienced or discovered.
(5) The name and contact information for the individual discovering or experiencing
the anomaly.
(6) The date and time the vendor first became aware of the anomaly.
(7) The name and contact information of the vendor representative submitting the
report.

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 (8) Whether the anomaly involved a voting system, an electronic poll book, or a
peripheral component of either a voting system or electronic poll book.
(9) The system type, make, model, hardware, firmware, and software version involved,
as applicable.
(10) A detailed description of the anomaly and its effect on election administration.
(11) Any findings related to how and where the current or previously reported anomaly
originated.
(12) Details of any responsive actions, such as investigation, analysis, determinations,
and corrective action implemented or recommended, taken to address the anomaly and
its effects.
(e) After initially reported or otherwise known to a vendor, the vendor shall report the
anomaly using the secretary of state anomaly reporting platform in the form and manner
directed by the secretary of state and the election division not later than the deadline specified
in subsection (b).
(f) An anomaly caused solely by operator error is not required to be reported unless a
deficiency in user instructions or training is a contributing factor. The burden of showing an
anomaly was the result of operator error and not a deficiency of user instructions or training
rests with the system vendor.
(g) A vendor must report, not later than fourteen (14) days after discovery, an anomaly
occurring outside Indiana involving the same election system type, make, model, or
component certified for use in Indiana.
(h) A voting system vendor shall report an anomaly involving a voting system to the
commission and the United States Election Assistance Commission and file a copy with the
secretary of state and the election division documenting receipt of the report.
(i) Each voting system and electronic poll book vendor shall:
(1) file with the secretary of state and the election division a statement setting forth the
name and contact information for the vendor that will be reporting anomalies; and
(2) amend this filing not later than seven (7) days after the change occurs.
(j) The reporting process shall be completed using the secretary of state anomaly reporting
platform as follows:
(1) The secretary of state and the election division will request of each voting system
and electronic poll book vendor the name and contact information for the vendor
representative who will be reporting anomalies.
(2) The secretary of state anomaly reporting platform will be made available to each
vendor in an online format. Separate reporting locations in the secretary of state
anomaly reporting platform will be provided to each vendor.
(3) Each vendor will report each anomaly in the online location provided.
(4) The person designated under IC 3-11-16 by the state to administer the program will
have complete access to the information submitted through the secretary of state
anomaly reporting platform.
(5) The secretary of state and the election division shall send an acknowledgment by
electronic mail to the vendor upon receiving the anomaly notification.
(k) A vendor must take reasonable measures to ensure a reported anomaly does not
reoccur and retain documentation of any investigation, analysis, determinations, and
corrective actions implemented or recommended for at least two (2) years after the anomaly
is reported. Not later than noon fourteen (14) days after reporting the anomaly, a vendor shall
file a corrective plan with the secretary of state and the election division.
As added by P.L.100-2018, SEC.14. Amended by P.L.71-2019, SEC.28; P.L.193-2021,
SEC.66; P.L.227-2023, SEC.110.

IC 3-11-17-7.2 Expired
As added by P.L.157-2019, SEC.26. Expired 7-1-2021 by P.L.157-2019, SEC.26.

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IC 3-11-17-8 Statement of vendor; foreign national who directly or
indirectly owns or controls vendor; amendments to reflect
changes in information
Sec. 8. (a) A vendor described in section 1 of this chapter shall file a statement with the
election division that:
(1) states the name of any person who:
(A) is a foreign national; and
(B) directly or indirectly owns or controls the vendor; and
(2) states the nature and extent of the ownership or control of the foreign national.
(b) The statement described in subsection (a) must be amended to reflect any change in
the identity of a foreign national subject to this section or in the nature and extent of the
ownership or control of the foreign national by filing an amended statement with the election
division not later than noon thirty (30) days after the change occurs.
As added by P.L.157-2019, SEC.27.

IC 3-11-17-9 Anomaly reports confidential; exception

Sec. 9. An anomaly report is confidential except at the discretion of the secretary of state
and the election division under IC 5-14-3-4(b)(10).
As added by P.L.193-2021, SEC.67.

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IC 3-11-18 Chapter 18. Expired
Expired 12-31-2010 by P.L.108-2008, SEC.3.

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IC 3-11-18.1 Chapter 18.1. Vote Centers

3-11-18.1-1 Application of chapter; pilot counties automatically redesignated

3-11-18.1-2 "Active voter"
3-11-18.1-3 Designation of county as vote center county; adoption of vote center order and
plan
3-11-18.1-4 Vote center plan; requirements
3-11-18.1-5 Use of vote centers; exceptions
3-11-18.1-6 Number of vote centers required; number required for a special election
3-11-18.1-7 Designation of vote center county; criteria
3-11-18.1-8 Effective date of designation; rescission of designation
3-11-18.1-9 Notice of vote center locations
3-11-18.1-10 Administration of election according to laws and plan
3-11-18.1-11 Casting absentee ballots at vote centers located at satellite offices
3-11-18.1-12 Electronic poll books at vote centers; application for certification; examination
by VSTOP; report; approval of certification; expiration of certification;
display or demonstration of uncertified electronic poll book
3-11-18.1-13 Voter right to cast vote at any vote center in county
3-11-18.1-14 Separation of ballots at vote center by precinct; exception for Marion County;
reports of anomaly with poll book
3-11-18.1-14.5 Repealed
3-11-18.1-15 Amendment of county vote center plan

IC 3-11-18.1-1 Application of chapter; pilot counties automatically

redesignated
Sec. 1. (a) This chapter applies to a county designated as a vote center county under this
chapter.
(b) On January 1, 2011, a county designated as a vote center pilot county under:
(1) IC 3-11-18 (before its expiration);
(2) P.L.164-2006, SECTION 148 (before its expiration); or
(3) P.L.108-2008, SECTION 4 (before its expiration);
is automatically redesignated as a vote center county under this chapter.
As added by P.L.1-2011, SEC.3.

IC 3-11-18.1-2 "Active voter"

Sec. 2. As used in this chapter, "active voter" means a voter who is not an inactive voter
under IC 3-7-38.2.
As added by P.L.1-2011, SEC.3.

IC 3-11-18.1-3 Designation of county as vote center county; adoption of vote

center order and plan
Sec. 3. (a) A county must comply with this section to become a vote center county.
(b) As used in this section, "board" refers to any of the following:
(1) The county election board.
(2) The board of elections and registration.
(c) The board shall hold a public hearing to present a draft plan for administration of vote
centers in the county.
(d) After presentation of the draft plan under subsection (c), the board shall accept written
public comments on the draft plan.
(e) At least thirty (30) days after the hearing held under subsection (c), the board shall
hold a public hearing to consider the following:
(1) The draft plan.
(2) The written public comments.
(3) Any other public comment that the board may permit on the draft plan.
(f) After consideration of the draft plan and the public comments, the board may do the

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following:
(1) Adopt an order approving the draft plan.
(2) Amend the draft plan and adopt an order approving the amended draft plan.
The board may adopt the order to approve a plan only by unanimous vote of the entire
membership of the board.
(g) All members of the board must sign the order adopting the plan.
(h) The order and the adopted plan must be filed with the election division and must
include a copy of:
(1) a resolution adopted by the county executive; and
(2) a resolution adopted by the county fiscal body;
approving the designation of the county as a vote center county.
As added by P.L.1-2011, SEC.3. Amended by P.L.170-2019, SEC.14.

IC 3-11-18.1-4 Vote center plan; requirements

Sec. 4. The plan required by section 3 of this chapter must include at least the following:
(1) The total number of vote centers to be established.
(2) The location of each vote center.
(3) The effective date of the order.
(4) The following information according to the computerized list (as defined in
IC 3-7-26.3-2) as of the date of the order:
(A) The total number of voters within the county.
(B) The number of active voters within the county.
(C) The number of inactive voters within the county.
(5) For each vote center designated under subdivision (2), the number of precinct
election boards that will be appointed to administer an election at the vote center.
(6) For each precinct election board designated under subdivision (5), the number and
name of each precinct the precinct election board will administer consistent with
section 13 of this chapter for an election that is not being held in each precinct of the
county.
(7) For each vote center designated under subdivision (2), the number and title of the
precinct election officers who will be appointed to serve at the vote center.
(8) For each vote center designated under subdivision (2):
(A) the number and type of ballot variations that will be provided at the vote center;
and
(B) whether these ballots will be:
(i) delivered to the vote center before the opening of the polls; or
(ii) printed on demand for a voter's use.
(9) A detailed description of any hardware, firmware, or software used:
(A) to create an electronic poll list for each precinct whose polls are to be located at
a vote center; or
(B) to manage data in an electronic poll book through a secure electronic connection
between the county election board and the precinct election officials administering
a vote center.
(10) A description of the equipment and procedures to be used to ensure that
information concerning a voter entered into any electronic poll book used by precinct
election officers at a vote center is immediately accessible to:
(A) the county election board; and
(B) the electronic poll books used by precinct election officers at all other vote
centers in the county.
(11) This subdivision applies to a county in which ballot cards are used at a vote center.
For each vote center designated under subdivision (2), whether each ballot card printed
will have the printed initials of the poll clerks captured through the electronic signature
pad or tablet at the time the poll clerks log into the electronic poll book system printed

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 on the back of the ballot card immediately before the ballot card is delivered to a voter.
(12) The security and contingency plans to be implemented by the county to do all of
the following:
(A) Prevent a disruption of the vote center process.
(B) Ensure that the election is properly conducted if a disruption occurs.
(C) Prevent access to an electronic poll book without the coordinated action of two
(2) precinct election officers who are not members of the same political party.
(13) A certification that the vote center complies with the accessibility requirements
applicable to polling places under IC 3-11-8.
(14) A sketch depicting the planned layout of the vote center, indicating the location
of:
(A) equipment; and
(B) precinct election officers;
within the vote center.
(15) The total number and locations of satellite offices to be established under
IC 3-11-10-26.3 at vote center locations designated under subdivision (2) to allow
voters to cast absentee ballots in accordance with IC 3-11. However, a plan must
provide for at least one (1) vote center to be established as a satellite office under
IC 3-11-10-26.3 on the two (2) Saturdays immediately preceding an election day.
(16) The method and timing of providing voter data to persons who are entitled to
receive the data under this title. Data shall be provided to all persons entitled to the data
without unreasonable delay.
(17) In a county in which a majority of votes are cast on optical scan ballot cards, any
additional procedures to provide for efficient and secure voting at each vote center,
including ballot on demand printing.
As added by P.L.1-2011, SEC.3. Amended by P.L.225-2011, SEC.69; P.L.258-2013,
SEC.81; P.L.55-2014, SEC.9; P.L.64-2014, SEC.59; P.L.76-2014, SEC.44; P.L.278-2019,
SEC.115.

IC 3-11-18.1-5 Use of vote centers; exceptions

Sec. 5. (a) Except as provided in subsections (b) and (c), a plan must provide a vote center
for use by voters residing within the county for use in a primary election, general election,
special election, municipal primary, or municipal election conducted on or after the effective
date of the county election board's order.
(b) A plan may provide that a vote center will not be used in a municipal election
conducted in 2023, 2027, 2031, 2035, 2039, 2043, and every four (4) years thereafter for
some or all of the towns:
(1) located within the county; and
(2) having a population of less than three thousand five hundred (3,500).
(c) This section does not apply in a town that has established a town election board under
IC 3-10-7-5.7 while the resolution established under IC 3-10-7-5.7 is in effect.
As added by P.L.1-2011, SEC.3. Amended by P.L.64-2014, SEC.60; P.L.201-2017, SEC.31;
P.L.278-2019, SEC.116; P.L.193-2021, SEC.68; P.L.141-2023, SEC.17.

IC 3-11-18.1-6 Number of vote centers required; number required for a

special election
Sec. 6. (a) Except as provided in subsection (b), when the total number of active voters
in the county equals at least twenty-five thousand (25,000), the following apply:
(1) The plan must provide for at least one (1) vote center for each ten thousand
(10,000) active voters.
(2) In addition to the vote centers designated in subdivision (1), the plan must provide
for a vote center for any fraction of ten thousand (10,000) active voters.
(b) When a county conducts a special election described in IC 3-10-8-1 that is conducted

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in only part of a county and not on the same date as a primary, general, or municipal election
held in the county, the following apply:
(1) The plan must provide for at least one (1) vote center.
(2) If the election district for the special election contains at least ten thousand (10,000)
active voters, the following apply:
(A) The plan must provide for at least one (1) vote center for each ten thousand
(10,000) active voters in the election district.
(B) In addition to the vote centers required in clause (A), the plan must provide for
a voter center for any fraction of ten thousand (10,000) active voters in the election
district.
As added by P.L.1-2011, SEC.3. Amended by P.L.201-2017, SEC.32.

IC 3-11-18.1-7 Designation of vote center county; criteria

Sec. 7. Before adopting an order designating a county as a vote center county under this
chapter, the county election board must determine the following:
(1) That the secure electronic connection as described under section 4(9)(B) of this
chapter is sufficient to prevent:
(A) any voter from voting more than once; and
(B) unauthorized access by any person to:
(i) the electronic poll lists for a precinct whose polls are to be located at the vote
center; or
(ii) the computerized list of voters of the county.
(2) That the planned design and location of the equipment and precinct officers will
provide the most efficient access for:
(A) voters to enter the polls, cast their ballots, and leave the vote center; and
(B) precinct election officials, watchers, challengers, and pollbook holders to
exercise their rights and perform their duties within the vote center.
As added by P.L.1-2011, SEC.3. Amended by P.L.278-2019, SEC.117.

IC 3-11-18.1-8 Effective date of designation; rescission of designation

Sec. 8. (a) Except as provided in subsection (b), the designation of a county as a vote
center county takes effect immediately upon the filing of the order with the election division,
unless otherwise specified by the county election board.
(b) An order filed with the election division during the final sixty (60) days before an
election becomes effective on the day following the election.
(c) The designation of a county as a vote center county remains in effect until the county
election board, by unanimous vote of its entire membership:
(1) rescinds the order designating the county as a vote center county; and
(2) files a copy of the document rescinding the order with the election division.
As added by P.L.1-2011, SEC.3. Amended by P.L.258-2013, SEC.82.

IC 3-11-18.1-9 Notice of vote center locations

Sec. 9. The county election board shall publish notice of the location of each vote center
in accordance with IC 3-11-8-3.2.
As added by P.L.1-2011, SEC.3. Amended by P.L.227-2023, SEC.111.

IC 3-11-18.1-10 Administration of election according to laws and plan

Sec. 10. Except as otherwise provided by this chapter, the county shall administer an
election conducted at a vote center in accordance with federal law, this title, and the plan
adopted with the county election board's order under section 3 of this chapter.
As added by P.L.1-2011, SEC.3. Amended by P.L.225-2011, SEC.70.

IC 3-11-18.1-11 Casting absentee ballots at vote centers located at satellite

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 offices
Sec. 11. Notwithstanding any other law, a voter who resides in a vote center county is
entitled to cast an absentee ballot at a vote center located at a satellite office of the county
election board established under IC 3-11-10-26.3 in the same manner and subject to the same
restrictions applicable to a voter wishing to cast an absentee ballot before an absentee board
located in the office of the circuit court clerk or board of elections and registration.
As added by P.L.1-2011, SEC.3.

IC 3-11-18.1-12 Electronic poll books at vote centers; application for

certification; examination by VSTOP; report; approval of
certification; expiration of certification; display or
demonstration of uncertified electronic poll book
Sec. 12. (a) Notwithstanding section 1 of this chapter, this section applies to an electronic
poll book to be used in:
(1) a precinct polling place, office of the circuit court clerk, or a satellite office in
accordance with IC 3-7-29-6; or
(2) a vote center under this chapter.
(b) Notwithstanding any other law, the electronic poll book used must satisfy all of the
following:
(1) The electronic poll book must comply with IC 3-11-8-10.3.
(2) The electronic poll book must be approved by the secretary of state in accordance
with this section.
(3) Except with prior written authorization by the VSTOP, the electronic poll book
must have been delivered to the county election board not less than sixty (60) days
before an election at which the electronic poll book is used.
(c) A person who wishes to market, sell, lease, or provide an electronic poll book for use
in an election in Indiana must first file an application for certification with the election
division on a form prescribed by the secretary of state. Except as provided in subsection (i),
a person may not market, sell, lease, or provide an electronic poll book for use in an election
in Indiana until the secretary of state has approved the application for certification under this
section. The application must state that the vendor has complied, and will continue to
comply, with subsection (d) following certification of the electronic poll book. Each
application for certification of an electronic poll book must be accompanied by a fee of one
thousand five hundred dollars ($1,500). However, this fee does not apply to an application
for a de minimis change. All fees collected under this section shall be deposited with the
treasurer of state in the voting system technical oversight program account established by
IC 3-11-17-6.
(d) The person seeking certification of an electronic poll book shall conduct a background
check at least once each year on each individual employed or contracted by the vendor who
has access to the electronic poll book to determine if the individual has been convicted of a
felony. An individual described by this subsection who has been convicted of a felony may
not have access to an electronic poll book in the individual's capacity as an employee or
contractor of the vendor.
(e) The secretary of state shall refer the application to the person or entity conducting the
VSTOP.
(f) The VSTOP shall examine the electronic poll book with its accompanying
documentation and file a report with the secretary of state indicating all of the following:
(1) Whether the electronic poll book would operate in compliance with this title.
(2) Whether VSTOP has reviewed tests conducted by an approved voting system
testing laboratory.
(3) Whether VSTOP has conducted a field test.
(4) Whether the electronic poll book complies with additional requirements for the
electronic poll book application for certification and acceptance testing, as described

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 in the Indiana Electronic Poll Book Certification Test Protocol approved by the
secretary of state (as in effect January 1, 2023).
(5) Any recommendations regarding the acquisition or use of the electronic poll book.
(6) Whether documentation of the escrow of the electronic poll book's software,
firmware, source codes, and executable images with an escrow agent approved by the
election division has been received by VSTOP.
(7) Whether VSTOP recommends that the secretary of state approve the electronic poll
book under this section, including any recommended restrictions that should be placed
on the secretary of state's approval.
(g) After the report required by subsection (f) is filed, the secretary of state may approve
the application for certification permitting the electronic poll book to be used in an election
in Indiana.
(h) A certification under this section expires on December 31 of the year following the
date of its issuance, unless earlier revoked by the secretary of state upon a written finding of
good cause for the revocation, including a violation of IC 3-11-17-7(b).
(i) A person may display or demonstrate an electronic poll book that has not been certified
under this section if the person complies with all the following requirements:
(1) The display or demonstration occurs at a conference of election officials sponsored
by:
(A) a state agency; or
(B) an association of circuit court clerks or voter registration officers.
(2) The person files a notice with the election division at least seven (7) days before the
scheduled starting date of a conference referred to in subdivision (1) setting forth the
following:
(A) The name of the person and each representative scheduled to display or
demonstrate the electronic poll book.
(B) The address and telephone number of the person.
(C) The model name of the electronic poll book.
(D) The name and manufacturer of the electronic poll book.
(E) The date and location of the display or demonstration of the electronic poll book.
(3) The person displays the electronic poll book with a notice that:
(A) is at least 16 point type size;
(B) is posted on the surface of the electronic poll book; and
(C) states that the electronic poll book is "Not Approved for Use in Indiana".
(4) The person ensures that each communication concerning the electronic poll book
that is available or made at a conference referred to in subdivision (1) includes a
statement that the electronic poll book is "Not Approved for Use in Indiana". A printed
communication must include the statement in a type size that is at least as large as the
largest type size used in the communication.
As added by P.L.1-2011, SEC.3. Amended by P.L.271-2013, SEC.25; P.L.64-2014, SEC.61;
P.L.100-2018, SEC.15; P.L.71-2019, SEC.29; P.L.278-2019, SEC.118; P.L.135-2020,
SEC.7; P.L.193-2021, SEC.69; P.L.227-2023, SEC.112.

IC 3-11-18.1-13 Voter right to cast vote at any vote center in county

Sec. 13. Notwithstanding any other law, including IC 3-11-8-2 and IC 3-14-2-11, a voter
who resides in a vote center county is entitled to cast a ballot at any vote center established
in the county without regard to the precinct in which the voter resides.
As added by P.L.1-2011, SEC.3.

IC 3-11-18.1-14 Separation of ballots at vote center by precinct; exception for

Marion County; reports of anomaly with poll book
Sec. 14. (a) The precinct election board administering an election at a vote center shall
keep the ballots cast in each precinct separate from the ballots cast in any other precinct

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whose election is administered at the vote center, so that the votes cast for each candidate and
on each public question in each of the precincts administered by the board may be
determined and included on the statement required by IC 3-12-4-9.
(b) This subsection applies to a county having a consolidated city, if either of the
following applies to the county:
(1) The county has adopted an order under IC 3-7-29-6(a)(1) to use an electronic poll
book.
(2) The county is a vote center county under IC 3-11-18.1.
The precinct election board administering an election at a vote center shall keep the ballots
secure so that the votes cast for each candidate and on each public question in each of the
precincts administered by the board may be determined and included on the statement
required by IC 3-12-4-9. The county election board shall separate the ballots by precinct if
a recount is requested.
(c) This subsection applies:
(1) to a county described under section 12 of this chapter on and after the date absentee
ballots are first transmitted to voters; and
(2) to any anomaly or problem, whether due to a technical reason or due to human error
with electronic poll book use.
A person that receives a certification for an electronic poll book shall file not later than
forty-eight (48) hours after the discovery of an anomaly or problem with the poll book a
written report in accordance with IC 3-11-17-7.
As added by P.L.1-2011, SEC.3. Amended by P.L.169-2015, SEC.134; P.L.71-2019,
SEC.30; P.L.278-2019, SEC.119.

IC 3-11-18.1-14.5 Repealed
As added by P.L.258-2013, SEC.83. Repealed by P.L.219-2013, SEC.58.

IC 3-11-18.1-15 Amendment of county vote center plan

Sec. 15. (a) A county may amend a plan adopted with a county election board's order
under section 3 of this chapter.
(b) For a county to amend its plan:
(1) the county election board or board of elections and registration, by unanimous vote
of the entire membership of the board, must approve the plan amendment;
(2) all members of the board must sign the amendment; and
(3) the amendment must be filed with the election division.
(c) A plan amendment takes effect immediately upon filing with the election division,
unless otherwise specified by the county election board.
As added by P.L.1-2011, SEC.3. Amended by P.L.225-2011, SEC.71; P.L.170-2019, SEC.15.

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IC 3-11.5 ARTICLE 11.5. COUNTING ABSENTEE BALLOTS

Ch. 1. General Provisions

Ch. 2. Definitions
Ch. 3. Watchers for Political Parties, Candidates, and the Media
Ch. 4. General Procedures for Counties
Ch. 5. Counting of Absentee Ballots Cast on Paper Ballots
Ch. 6. Counting of Absentee Ballots Cast on Ballot Cards
Ch. 7. Additional Provisions Relating to Counting Absentee Ballots
Ch. 8. Counting of Absentee Ballots Cast on Electronic Voting Systems

IC 3-11.5-1 Chapter 1. General Provisions

3-11.5-1-1 Repealed
3-11.5-1-1.1 Applicability of article
3-11.5-1-2 Repealed
3-11.5-1-2.1 Repealed
3-11.5-1-3 Repealed
3-11.5-1-4 Repealed

IC 3-11.5-1-1 Repealed
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.8-1995,
SEC.70.

IC 3-11.5-1-1.1 Applicability of article

Sec. 1.1. This article applies to all counties.
As added by P.L.8-1995, SEC.53. Amended by P.L.3-1997, SEC.333; P.L.266-2013, SEC.3;
P.L.170-2019, SEC.16; P.L.278-2019, SEC.120.

IC 3-11.5-1-2 Repealed
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.2-1995, SEC.2;
P.L.2-1996, SEC.200. Repealed by P.L.3-1997, SEC.476.

IC 3-11.5-1-2.1 Repealed
As added by P.L.3-1995, SEC.115. Amended by P.L.2-1996, SEC.201. Repealed by
P.L.3-1997, SEC.476.

IC 3-11.5-1-3 Repealed
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.3-1997,
SEC.476.

IC 3-11.5-1-4 Repealed
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.3-1997,
SEC.334; P.L.66-2010, SEC.26; P.L.225-2011, SEC.72; P.L.219-2013, SEC.59. Repealed
by P.L.278-2019, SEC.121.

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IC 3-11.5-2 Chapter 2. Definitions

3-11.5-2-1 Absentee ballot counter

3-11.5-2-2 Central location for counting absentee ballots
3-11.5-2-3 Repealed
3-11.5-2-4 Repealed
3-11.5-2-5 When an absentee ballot application or absentee ballot is considered sent

IC 3-11.5-2-1 Absentee ballot counter

Sec. 1. As used in this article, "absentee ballot counter" refers to a person designated
under IC 3-11.5-4-22.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-2-2 Central location for counting absentee ballots

Sec. 2. As used in this article, "central location for counting absentee ballots" refers to a
location for counting absentee ballots that a county election board must establish under this
article.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004,
SEC.138.

IC 3-11.5-2-3 Repealed
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.3-1997,
SEC.476.

IC 3-11.5-2-4 Repealed
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.3-1997,
SEC.476.

IC 3-11.5-2-5 When an absentee ballot application or absentee ballot is

considered sent
Sec. 5. An absentee ballot application or an absentee ballot is considered "sent" to a voter
if the application or ballot is:
(1) sent by United States mail addressed to the voter;
(2) transmitted by fax to a number provided by the voter; or
(3) personally given to the voter.
As added by P.L.126-2002, SEC.77.

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IC 3-11.5-3 Chapter 3. Watchers for Political Parties, Candidates, and the
Media

3-11.5-3-1 Function of watchers

3-11.5-3-2 Rights and requirements of appointed watchers
3-11.5-3-3 Candidate appointed watchers; rights and requirements
3-11.5-3-4 Media appointed watchers; rights and requirements

IC 3-11.5-3-1 Function of watchers

Sec. 1. The following apply for the purposes of IC 3-6-8, IC 3-6-9, and IC 3-6-10:
(1) A central location for counting absentee ballots shall be treated the same as a
precinct poll.
(2) An absentee ballot counter shall be treated the same as a precinct election official.
(3) A major political party of a county is entitled to appoint the number of watchers
equal to the number of teams of absentee ballot counters.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.169-2015,
SEC.135.

IC 3-11.5-3-2 Rights and requirements of appointed watchers

Sec. 2. (a) Political parties or independent candidates described in IC 3-6-8-1 may appoint
watchers at a central location for counting absentee ballots.
(b) A watcher appointed under this section:
(1) has the rights; and
(2) must follow the requirements;
set forth in IC 3-6-8.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.3-1995,
SEC.116.

IC 3-11.5-3-3 Candidate appointed watchers; rights and requirements

Sec. 3. (a) A candidate entitled to appoint a watcher under IC 3-6-9 may appoint a
watcher at a central location for counting absentee ballots.
(b) A watcher appointed under this section:
(1) has the rights; and
(2) must follow the requirements;
set forth in IC 3-6-9.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-3-4 Media appointed watchers; rights and requirements

Sec. 4. (a) Media entitled to appoint a watcher under IC 3-6-10 may appoint a watcher
at a central location for counting absentee ballots.
(b) A watcher appointed under this section:
(1) has the rights; and
(2) must follow the requirements;
set forth in IC 3-6-10.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

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IC 3-11.5-4 Chapter 4. General Procedures for Counties

3-11.5-4-0.5 Repealed
3-11.5-4-1 Circuit court clerk records and certifications
3-11.5-4-2 Recast of certain ballots
3-11.5-4-3 Rejection of absentee ballots deposited in drop box not under control of county
election board
3-11.5-4-3.5 Absentee ballot of voter required to present additional information; procedure
3-11.5-4-4 Treatment of ballot found without genuine signature
3-11.5-4-5 Ballot with signature; comparison of signatures; treatment of ballot with
genuine signature, disputed signature
3-11.5-4-6 Secure keeping ballots; scanning ballots before election day; ballots may not
be tabulated before election day
3-11.5-4-7 Acceptance of delivery of absentee ballots at post office
3-11.5-4-8 Applicability; certification of voter names; delivery of certificates
3-11.5-4-9 Applicability; marking of poll list indication of absentee voters; disposition of
certificate materials
3-11.5-4-10 Time for receipt of ballots; treatment
3-11.5-4-11 Opening absentee ballots; procedure; signature comparison
3-11.5-4-11.5 Processing ballots before election day in vote center counties and counties
using electronic poll books; procedure; adopting option by county election
board
3-11.5-4-12 Determination of acceptance of ballots; opening and processing of accepted
ballots; procedure; treatment of certain ballots as provisional ballots
3-11.5-4-12.5 Opening absentee ballots by machine
3-11.5-4-13 Rejection of absentee ballots
3-11.5-4-13.5 Absentee ballot signature comparison; procedure; signature verification
affidavit
3-11.5-4-13.6 Absentee ballot signature comparison; missing signature; procedure; affidavit
of unsigned ballot
3-11.5-4-14 Rejected ballots; endorsement; processing and return
3-11.5-4-15 Challenge of absentee ballot at polls; procedure
3-11.5-4-16 Absentee voter's application as affidavit; challenge procedure
3-11.5-4-17 Absentee ballot of deceased voter
3-11.5-4-18 Voting in person by absentee voter who has not returned absentee ballot
3-11.5-4-19 Repealed
3-11.5-4-20 Absentee voter wishing to vote in person after poll list is marked
3-11.5-4-21 Voter who has cast rejected absentee ballot appearing in person
3-11.5-4-21.5 Rejected absentee ballots may not be opened; exception
3-11.5-4-22 County election board appointments for absentee vote processing; eligibility;
service by candidate or candidate's relative
3-11.5-4-23 Political party notice of number of appointees; recommendations for
appointments; when nonvoter permitted to serve as appointee
3-11.5-4-23.5 Appointment of absentee ballot counters and couriers in Marion County
3-11.5-4-24 Applicability; poll list; inspector duties
3-11.5-4-25 Repealed
3-11.5-4-26 Repealed
3-11.5-4-27 Repealed
3-11.5-4-28 Report of vote count; certificate

IC 3-11.5-4-0.5 Repealed
As added by P.L.266-2013, SEC.4. Repealed by P.L.278-2019, SEC.122.

IC 3-11.5-4-1 Circuit court clerk records and certifications

Sec. 1. Each circuit court clerk shall do the following:
(1) Keep a separate absentee ballot record for each precinct in the county.
(2) This subdivision applies to a county in which the county voter registration office
prepares a certified list of all voters registered to vote in each precinct in the county
under IC 3-7-29-1. Either:

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 (A) certify to each inspector or the inspector's representative, at the time that the
ballots and supplies are delivered under IC 3-11-3, the names of the voters:
(i) to whom absentee ballots were sent or who marked ballots in person; and
(ii) whose ballots have been received by the county election board under
IC 3-11-10; or
(B) provide a certified list of voters that have been marked to designate the names
of the voters described in clause (A).
(3) This subdivision applies to a county that has adopted an order to use an electronic
poll book under IC 3-7-29-6 or is a vote center county under IC 3-11-18.1. Certify at
the time the county voter registration office downloads information to an electronic poll
book under IC 3-7-29-6(c), the names of the voters:
(A) to whom absentee ballots were sent or who marked ballots in person; and
(B) whose ballots have been received by the county election board under IC 3-11-10.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002,
SEC.78; P.L.271-2013, SEC.26; P.L.76-2014, SEC.45; P.L.157-2019, SEC.28.

IC 3-11.5-4-2 Recast of certain ballots

Sec. 2. (a) This section applies to a voter voting by an absentee ballot that:
(1) is defective and ordered corrected under IC 3-11-2-16;
(2) includes a candidate for election to office who:
(A) ceases to be a candidate; and
(B) is succeeded by a candidate selected under IC 3-13-1 or IC 3-13-2; or
(3) is presented and surrendered at:
(A) the office of the circuit court clerk;
(B) the office of the board of elections and registration;
(C) a satellite office of a board established under IC 3-11-10-26.3; or
(D) a vote center established as a satellite office under IC 3-11-18.1-4(15);
in a sealed envelope and signed by the voter containing an absentee ballot previously
mailed to the voter with a request by the voter for a replacement absentee ballot under
this section to cast at the office or vote center.
(b) Through the last day before the election day, an absentee voter may recast the ballot
during the period specified by IC 3-11-10-26. To obtain a replacement ballot, the absentee
voter must present a written request to the county election board for a replacement ballot.
However, in a primary election, if an application has been submitted to the county by or for
a voter requesting the ballot of a political party, the voter may not change the choice of the
voter's party when requesting a replacement ballot unless the county determines, based on
the application of the voter, that the voter was issued an incorrect party ballot by the county.
(c) Upon receiving a written request under subsection (b), the circuit court clerk shall do
the following:
(1) Place the written request with the absentee voter's original ballots.
(2) Mark "canceled" on the original set of ballots.
(3) Preserve the original ballots with other defective ballots.
(4) Deliver a new set of ballots to the absentee voter.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.3-1995,
SEC.117; P.L.109-2021, SEC.52.

IC 3-11.5-4-3 Rejection of absentee ballots deposited in drop box not under

control of county election board
Sec. 3. In accordance with IC 3-11-10-24, a county election board shall reject an absentee
ballot deposited in a drop box or other container or location that is not under the physical
control and supervision of the county election board when the ballot is deposited.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.109-2021,
SEC.53.

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IC 3-11.5-4-3.5 Absentee ballot of voter required to present additional
information; procedure
Sec. 3.5. (a) Upon receipt of an absentee ballot from a voter required to provide
additional information to the county voter registration office under IC 3-7-33-4.5, the county
election board shall contact the county voter registration office to determine if the additional
information has been filed with the office by the voter.
(b) If the voter has filed the information with the county voter registration office, the
county election board shall add a notation to the application indicating that the required
information has been filed and that the absentee ballot may be counted if the ballot otherwise
complies with this article.
(c) If the voter has not filed the information with the county voter registration office, the
county election board shall add a notation on the application filed by a voter described under
subsection (b) and on the envelope provided under this chapter reading substantially as
follows:
"ABSENTEE BALLOT COUNTERS: AS OF (insert date absentee ballot application
approved) THIS VOTER WAS REQUIRED TO FILE ADDITIONAL
DOCUMENTATION WITH THE COUNTY VOTER REGISTRATION OFFICE
BEFORE THIS BALLOT MAY BE COUNTED. CHECK THE POLL LIST AND
COUNTY ELECTION BOARD CERTIFICATION TO SEE IF THE VOTER HAS
FILED THIS INFORMATION. IF NOT, PROCESS AS A PROVISIONAL BALLOT
IF THIS BALLOT OTHERWISE COMPLIES WITH INDIANA LAW.".
As added by P.L.109-2021, SEC.54.

IC 3-11.5-4-4 Treatment of ballot found without genuine signature

Sec. 4. If a county election board finds that the signature on a ballot envelope or
transmitted affidavit is not genuine, the board shall write upon the ballot envelope the words
"The county election board has found the signature of this voter is not genuine. This ballot
is subject to IC 3-11.5-4-13.5 or IC 3-11.5-4-13.6.".
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002,
SEC.79; P.L.109-2021, SEC.55.

IC 3-11.5-4-5 Ballot with signature; comparison of signatures; treatment of

ballot with genuine signature, disputed signature
Sec. 5. (a) Upon receipt of the absentee ballot and not later than election day, the county
election board, or the absentee board members in the office of the circuit court clerk, shall
compare the signature of the voter on the absentee ballot application, or, if there is no
application, with the signature on the electronic poll book, with the signature on:
(1) the voter's absentee ballot envelope or ballot secrecy waiver form; or
(2) the computerized list, if there is no envelope or ballot secrecy waiver form.
(b) If a county election board unanimously finds that the signature on a ballot envelope
or transmitted affidavit is genuine, the board shall enclose immediately the accepted and
unopened ballot envelope, together with the voter's application for the absentee ballot, in a
large or carrier envelope. If the county election board does not unanimously determine that
the signature on a ballot envelope is genuine, the board shall also write on the ballot envelope
described in subsection (c) or the transmitted affidavit from a voter under IC 3-11-4-6, the
words "SIGNATURE DISPUTED". The board shall enclose in the same carrier envelope all
absentee ballot envelopes and applications for the same precinct.
(c) The envelope shall be securely sealed and endorsed with the name and official title of
the circuit court clerk and the following words: "This envelope contains an absentee ballot
and must be opened only on election day under IC 3-11.5.".
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002,
SEC.80; P.L.64-2014, SEC.62; P.L.157-2019, SEC.29; P.L.109-2021, SEC.56;
P.L.227-2023, SEC.113.

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IC 3-11.5-4-6 Secure keeping ballots; scanning ballots before election day;
ballots may not be tabulated before election day
Sec. 6. (a) Each circuit court clerk shall keep all accepted ballot envelopes securely sealed
in the clerk's office until the ballot envelopes are opened by absentee ballot counters in
accordance with this chapter.
(b) A county election board may scan a voted absentee ballot card using an optical scan
ballot scanner not earlier than seven (7) calendar days before election day. However, the
county election board:
(1) may not tabulate the ballots before election day; and
(2) shall retract a previously scanned absentee ballot card of a voter who is later found
disqualified or whose ballot may not be counted for any other reason under this title.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.278-2019,
SEC.123; P.L.108-2021, SEC.10.

IC 3-11.5-4-7 Acceptance of delivery of absentee ballots at post office

Sec. 7. Not later than 6 p.m. on election day each circuit court clerk, or an agent of the
clerk, shall visit the appropriate post office to accept delivery of absentee envelopes.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.227-2023,
SEC.114.

IC 3-11.5-4-8 Applicability; certification of voter names; delivery of

certificates
Sec. 8. (a) This section does not apply to a county that:
(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or
(2) is a vote center county under IC 3-11-18.1;
if the electronic poll book used at a polling place or vote center is immediately updated to
indicate the county received, not later than noon on election day, an absentee ballot from a
voter.
(b) Each county election board shall certify the names of voters:
(1) to whom absentee ballots were sent or who marked ballots in person; and
(2) whose ballots have been received by the board under this chapter;
after the certification under section 1 of this chapter and not later than noon on election day.
(c) The county election board shall have:
(1) the certificates described in subsection (b); and
(2) the circuit court clerk's certificates for voters who have registered and voted under
IC 3-7-36-14;
delivered to the precinct election boards at their respective polls on election day by couriers
appointed under section 22 of this chapter.
(d) The certificates shall be delivered not later than 3 p.m. on election day.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002,
SEC.81; P.L.271-2013, SEC.27; P.L.76-2014, SEC.46; P.L.169-2015, SEC.136.

IC 3-11.5-4-9 Applicability; marking of poll list indication of absentee voters;

disposition of certificate materials
Sec. 9. (a) This section does not apply to a county that:
(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or
(2) is a vote center county under IC 3-11-18.1;
if the electronic poll book used at a polling place or vote center is immediately updated to
indicate that the county received, not later than noon on election day, an absentee ballot from
a voter.
(b) Upon delivery of the certificates under section 8 of this chapter to a precinct election
board, the inspector shall do the following in the presence of the poll clerks:
(1) Mark the poll list.

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 (2) Attach the certificates of voters who have registered and voted under IC 3-7-36-14
to the poll list.
(3) Indicate next to the voter's name on either:
(A) the certificate prepared under section 1 of this chapter; or
(B) the certificate delivered under section 8 of this chapter;
that the voter has voted in person at the polls if a person listed in either certificate has
voted in person at the polls.
The poll clerks shall sign the statement printed on the certificate indicating that the inspector
marked the poll list and attached the certificates under this section in the presence of both
poll clerks to indicate that the absentee ballot of the voter has been received by the county
election board.
(c) The inspector shall then deposit:
(1) the certificate prepared under section 1 of this chapter, if any was provided by the
circuit court clerk;
(2) the certificate prepared under section 8 of this chapter; and
(3) any challenge affidavit executed by a qualified person under section 15 of this
chapter;
in an envelope in the presence of both poll clerks.
(d) The inspector shall seal the envelope. The inspector and each poll clerk shall then sign
a statement printed on the envelope indicating that the inspector or poll clerk has complied
with the requirements of this chapter governing the marking of the poll list and certificates.
(e) The couriers shall immediately return the envelope described in subsection (c) to the
county election board. Upon delivering the envelope to the county election board, each
courier shall sign a statement printed on the envelope indicating that the courier has not
opened or tampered with the envelope since the envelope was delivered to the courier.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002,
SEC.82; P.L.225-2011, SEC.73; P.L.271-2013, SEC.28; P.L.76-2014, SEC.47;
P.L.169-2015, SEC.137; P.L.157-2019, SEC.30.

IC 3-11.5-4-10 Time for receipt of ballots; treatment

Sec. 10. (a) This subsection applies to a county that:
(1) uses a paper list of voters provided under IC 3-7-29-2;
(2) has not adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1);
and
(3) is not a vote center county under IC 3-11-18.1.
Subject to IC 3-10-8-7.5, IC 3-12-1-17, and section 7 of this chapter, absentee ballots
received by mail (or by fax or electronic mail under IC 3-11-4-6) after 6 p.m. on election day
are considered as arriving too late and may not be counted.
(b) This subsection applies to a county described in subsection (a). An absentee ballot that
is returned to the county election board between noon and 6 p.m. on election day may not be
reviewed or counted under this article until all of the following have occurred:
(1) The polls in each precinct have closed.
(2) The poll list for the precinct with an absentee ballot that has not been counted has
been returned to the county election board.
(3) The county election board confirms whether the voter cast a ballot at the polls on
election day.
(c) This subsection applies to a county that:
(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or
(2) is a vote center county under IC 3-11-18.1.
Subject to IC 3-10-8-7.5 and IC 3-12-1-17, absentee ballots received by mail or by fax or
electronic mail under IC 3-11-4 after 6 p.m. on election day are considered as arriving too
late and may not be counted.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002,

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SEC.83; P.L.198-2005, SEC.12; P.L.64-2014, SEC.63; P.L.109-2021, SEC.57.

IC 3-11.5-4-11 Opening absentee ballots; procedure; signature comparison

Sec. 11. (a) Upon receipt of the absentee ballot and not later than election day, the county
election board shall examine the signature on the absentee ballot.
(b) This subsection applies to a county that has not adopted an order to use an electronic
poll book under IC 3-7-29-6(a)(1) or is a vote center county under IC 3-11-18.1. Except as
provided in subsection (c), (d), or (e), at any time after the couriers return the certificate
under section 9 of this chapter, absentee ballot counters appointed under section 22 of this
chapter, in the presence of the county election board, shall, except for a ballot rejected under
section 13 of this chapter:
(1) open the outer or carrier envelope containing an absentee ballot envelope and
application;
(2) announce the absentee voter's name; and
(3) compare the signature upon the ballot application or, if there is no application, with
the signature on the electronic poll book with the signature upon the:
(A) voter's absentee ballot envelope; or
(B) if there is no envelope, computerized list.
(c) This subsection applies to a county (other than a county described in subsection (d)
or (e)) that:
(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or
(2) is a vote center county under IC 3-11-18.1;
and has not updated the computerized list to reflect absentee ballots received on election day.
After the receipt and processing required under sections 12 and 12.5 of this chapter to
process an absentee ballot from a voter and after ensuring that the electronic poll books used
in each polling place or vote center have been updated to reflect all absentee ballots received
by the county not later than 12:01 a.m. on election day, the absentee ballot counters shall, at
any time after 6:00 a.m. on election day, in a central counting location designated by the
county election board, count the absentee ballot votes cast for each candidate, for each office,
and on each public question.
(d) This subsection applies to a county having a consolidated city, if the county:
(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or
(2) is a vote center county under IC 3-11-18.1.
After the receipt and processing required under sections 12 and 12.5 of this chapter to
process an absentee ballot from a voter and after ensuring that the electronic poll books used
in each polling place or vote center have been updated to reflect all absentee ballots received
by the county not later than 12:01 a.m. on election day, the absentee ballot counters shall, at
any time after 6:00 a.m. on election day, in a central counting location designated by the
county election board, count the absentee ballot votes cast for each candidate, for each office,
and on each public question.
(e) This subsection applies to a county other than a county having a consolidated city, if
the county election board has adopted a resolution by the unanimous vote of the entire
membership of the board to use procedures set forth in this subsection, and the county:
(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or
(2) is a vote center county under IC 3-11-18.1.
After the receipt and processing required under section 12 of this chapter to process an
absentee ballot from a voter and after ensuring that the electronic poll books used in each
polling place or vote center have been updated to reflect all absentee ballots received by the
county not later than 12:01 a.m. on election day, the absentee ballot counters shall, at any
time after 6:00 a.m. on election day, in a central counting location designated by the county
election board, count the absentee ballot votes cast for each candidate, for each office, and
on each public question.
(f) A resolution adopted under subsection (e) may be repealed or amended only by the

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unanimous vote of the entire membership of the county election board.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002,
SEC.84; P.L.258-2013, SEC.84; P.L.76-2014, SEC.48; P.L.169-2015, SEC.138;
P.L.100-2018, SEC.16; P.L.210-2018, SEC.2; P.L.157-2019, SEC.31; P.L.278-2019,
SEC.124; P.L.109-2021, SEC.58; P.L.227-2023, SEC.115.

IC 3-11.5-4-11.5 Processing ballots before election day in vote center counties

and counties using electronic poll books; procedure; adopting
option by county election board
Sec. 11.5. (a) This section applies to a county if the county election board has adopted a
resolution by the unanimous vote of the entire membership of the board to use the procedures
set forth in this section, and the county:
(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or
(2) is a vote center county under IC 3-11-18.1.
(b) Absentee ballot counters appointed under section 22 of this chapter shall, in the
presence of the county election board, process an absentee ballot of a voter as follows:
(1) Beginning at noon, three (3) days before the election for any absentee ballot that has
been received by the county election board not later than noon, four (4) days before the
election.
(2) Beginning at noon, two (2) days before the election for any absentee ballot that has
been received by the county election board any time after noon, four (4) days before
the election and not later than noon, three (3) days before the election.
(3) Beginning at noon, the day before the election for any absentee ballot that has been
received by the county election board any time after noon, three (3) days before the
election and not later than noon, two (2) days before the election.
(c) A team of absentee ballot counters shall do all of the following:
(1) Conduct a review of the absentee ballot required by section 12(a) through 12(c) of
this chapter. Section 12(e) and 12(f) of this chapter apply to this subdivision.
(2) Determine in accordance with section 13 of this chapter if the absentee ballot
cannot be counted.
(3) Open the envelope containing the absentee ballot in a manner that does not deface
or destroy the affidavit and take out each ballot enclosed without unfolding or
permitting the ballot to be unfolded or examined.
(4) Determine if the absentee ballot has been endorsed with the initials of:
(A) the two (2) members of the absentee voter board in the office of the clerk of the
circuit court under IC 3-11-4-19 or IC 3-11-10-27;
(B) the two (2) members of the absentee voter board visiting the voter under
IC 3-11-10-25; or
(C) the two (2) appointed members of the county election board or the members'
designated representatives under IC 3-11-4-19.
(d) If the team of absentee ballot counters determines the absentee ballot can be counted
under this chapter, the absentee ballot must be stored in an envelope or container kept for
ballots of the same precinct. The envelope or container must:
(1) have the name of the precinct written on the envelope or container; and
(2) be stored in a secure manner under dual lock controlled by both appointed members
of the county election board.
(e) An absentee ballot determined to be counted under this section shall be tabulated
according to this article on election day in accordance with section 11 of this chapter.
(f) A member of the county election board may challenge a voter under section 15(c) of
this chapter when a team of absentee ballot counters is processing an absentee ballot under
this section.
As added by P.L.108-2021, SEC.11.

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IC 3-11.5-4-12 Determination of acceptance of ballots; opening and processing
of accepted ballots; procedure; treatment of certain ballots as
provisional ballots
Sec. 12. (a) Notwithstanding any provision to the contrary in this chapter, in a county
described by subsection (e) or (f), the signature review process described in this section may
be conducted at any time after receipt of an absentee ballot by the county election board.
(b) If the absentee ballot counters find under section 11 of this chapter that:
(1) the affidavit is properly executed;
(2) the signatures correspond;
(3) the absentee voter is a qualified voter of the precinct;
(4) the absentee voter is registered and is not required to file additional information
with the county voter registration office under IC 3-7-33-4.5; and
(5) in case of a primary election, if the absentee voter has not previously voted, the
absentee voter has executed the proper declaration relative to age and qualifications
and the political party with which the absentee voter intends to affiliate;
the absentee ballot counters shall open the envelope containing the absentee ballots so as not
to deface or destroy the affidavit and take out each ballot enclosed without unfolding or
permitting a ballot to be unfolded or examined.
(c) If the absentee ballot counters find under subsection (b) that the voter has not filed the
additional information required to be filed with the county voter registration office under
IC 3-7-33-4.5, but that all of the other findings listed under subsection (b) apply, the absentee
ballot shall be processed as a provisional ballot under IC 3-11.7.
(d) The absentee ballot counters shall then deposit the ballots in a secure envelope with
the name of the precinct set forth on the outside of the envelope. After the absentee ballot
counters or the county election board has made the findings described in subsection (b) or
section 13 of this chapter for all absentee ballots of the precinct, the absentee ballot counters
shall remove all the ballots deposited in the envelope under this section for counting under
IC 3-11.5-5 or IC 3-11.5-6.
(e) This subsection applies to a county having a consolidated city. For an absentee ballot
cast in person by a voter under IC 3-11-10-25, IC 3-11-10-26, or IC 3-11-10-26.3, the
absentee ballot counters may, but are not required to, make the findings required under
subsection (b)(2) or (b)(3) of this section.
(f) This subsection applies to a county:
(1) that does not have a consolidated city; and
(2) when the county election board has adopted a resolution by the unanimous vote of
its entire membership to use the procedures set forth in this subsection.
For an absentee ballot cast in person by a voter under IC 3-11-10-25, IC 3-11-10-26, or
IC 3-11-10-26.3, the absentee ballot counters may, but are not required to, make the findings
required under subsection (b)(2) or (b)(3) of this section.
(g) A resolution adopted under subsection (f) may be repealed or amended only by the
unanimous vote of the entire membership of the county election board.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.209-2003,
SEC.169; P.L.221-2005, SEC.97; P.L.225-2011, SEC.74; P.L.100-2018, SEC.17;
P.L.210-2018, SEC.3.

IC 3-11.5-4-12.5 Opening absentee ballots by machine

Sec. 12.5. (a) Notwithstanding section 12(b) of this chapter and subject to subsection (b),
absentee ballot envelopes may be opened by machine instead of by the absentee ballot
counters. For purposes of certification of voting systems under this article, a machine, the
only function of which is the opening of envelopes, is not considered to be a voting system
or part of a voting system.
(b) After making the applicable findings under section 12(b) of this chapter, the absentee
ballot counters shall take out each ballot enclosed in an envelope opened under subsection

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(a) without unfolding or permitting a ballot to be unfolded or examined. The absentee ballots
shall then continue to be processed as provided under section 12 and other applicable
provisions of this chapter.
As added by P.L.278-2019, SEC.125. Amended by P.L.109-2021, SEC.59.

IC 3-11.5-4-13 Rejection of absentee ballots

Sec. 13. (a) If the absentee ballot counters find under section 11 of this chapter that any
of the following applies, the ballots shall be rejected:
(1) The affidavit is insufficient or that the ballot has not been endorsed with the initials
of:
(A) the two (2) members of the absentee voter board in the office of the clerk of the
circuit court under IC 3-11-4-19 or IC 3-11-10-27;
(B) the two (2) members of the absentee voter board visiting the voter under
IC 3-11-10-25; or
(C) the two (2) appointed members of the county election board or their designated
representatives under IC 3-11-4-19.
(2) The signatures do not correspond or there is no signature, and the signature
mismatch or missing signature is not cured by the deadline established under section
13.5 or 13.6 of this chapter.
(3) The absentee voter is not a qualified voter in the precinct.
(4) The absentee voter has voted in person at the election.
(5) The absentee voter has not registered.
(6) The ballot is open or has been opened and resealed. This subdivision does not
permit an absentee ballot transmitted by fax or electronic mail under IC 3-11-4-6 to be
rejected because the ballot was sealed in the absentee ballot envelope by the individual
designated by the circuit court to receive absentee ballots transmitted by fax or
electronic mail.
(7) The ballot envelope contains more than one (1) ballot of any kind for the same
office or public question.
(8) In case of a primary election, if the absentee voter has not previously voted, the
voter failed to execute the proper declaration relative to age and qualifications and the
political party with which the voter intends to affiliate.
(9) The ballot has been challenged and there is no absentee ballot application from the
voter to support the absentee ballot.
(b) Subsection (c) applies whenever a voter with a disability is unable to make a signature:
(1) on an absentee ballot application that corresponds to the voter's signature in the
records of the county voter registration office; or
(2) on an absentee ballot security envelope that corresponds with the voter's signature:
(A) in the records of the county voter registration office; or
(B) on the absentee ballot application.
(c) The voter may request that the voter's signature or mark be attested to by any of the
following:
(1) The absentee voter board under section 22 of this chapter.
(2) A member of the voter's household.
(3) An individual serving as attorney in fact for the voter.
(d) An attestation under subsection (c) provides an adequate basis for the absentee ballot
counters to determine that a signature or mark complies with subsection (a)(2).
(e) If the absentee ballot counters are unable to agree on a finding described under this
section or section 12 of this chapter, the county election board shall make the finding.
(f) This subsection does not apply to an absentee ballot rejected under this section based
on a finding that the voter's signature on the absentee ballot security envelope affidavit does
not correspond to any signature on the voter's absentee ballot application. The absentee ballot
counters or county election board shall issue a certificate to a voter whose ballot has been

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rejected under this section if the voter appears in person before the board not later than 5
p.m. on election day. The certificate must state that the voter's absentee ballot has been
rejected and that the voter may vote in person under section 21 of this chapter if otherwise
qualified to vote.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.38-1999,
SEC.53; P.L.126-2002, SEC.85; P.L.1-2003, SEC.6; P.L.14-2004, SEC.139; P.L.198-2005,
SEC.13; P.L.194-2013, SEC.73; P.L.157-2019, SEC.32; P.L.109-2021, SEC.60;
P.L.227-2023, SEC.116.

IC 3-11.5-4-13.5 Absentee ballot signature comparison; procedure; signature

verification affidavit
Sec. 13.5. (a) This section applies to an absentee ballot where there is a finding that the
voter's signature on the absentee ballot security envelope affidavit does not correspond to the
signature on the voter's absentee ballot application or electronic poll book, or any signature
by the voter maintained in the statewide voter registration system.
(b) If the absentee voter board, the absentee ballot counters, or the county election board
determine that a voter's signature on the absentee ballot security envelope affidavit does not
correspond to:
(1) the voter's signature on the absentee ballot application;
(2) the voter's signature on the electronic poll book; or
(3) any signature of the voter maintained in the statewide voter registration system;
the absentee ballot security envelope shall not be opened and the ballot shall not be counted.
(c) The absentee voter board, the absentee ballot counters, or the county election board
shall write the date and cause of the mismatched signature on the face of the security
envelope after completing the procedures set forth in this section.
(d) The county election board or board of elections and registration shall send a notice
produced from the computerized system established by IC 3-7-26.3 to the voter of the
determination of the absentee voter board, absentee ballot counters, county election board,
or board of elections and registration that an absentee ballot signature mismatch has
occurred. The county election board shall:
(1) mail the notice by first class United States mail to the registration address of the
voter;
(2) send the notice by electronic mail to the voter if an electronic mail address for the
voter is available; and
(3) call the voter by telephone to provide notice of the signature mismatch
determination, if a telephone number for the voter is available;
not later than the close of business two (2) business days after the signature mismatch
determination by the county occurs.
(e) An absentee ballot sealed inside an absentee ballot security envelope affidavit with a
signature mismatch shall be treated as a provisional ballot under IC 3-11.7. The signature
mismatch may be cured under this section and the absentee ballot counted if the ballot is
otherwise valid.
(f) A voter notified by the county election board or board of elections and registration
under subsection (d) must verify the voter's signature under this section on:
(1) the absentee ballot security envelope affidavit;
(2) the absentee ballot application or electronic poll book; or
(3) both;
by filing an affidavit with the county election board or board of elections and registration not
later than noon, prevailing local time, eight (8) days after election day.
(g) The notice under subsection (d) is subject to IC 3-5-4-8 and must contain the
following information:
(1) A statement from the county election board or board of elections and registration
notifying the voter that the county has determined that a signature mismatch has

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 occurred between the signature of the voter on the absentee ballot security envelope
affidavit and the voter's signature on the absentee ballot application or electronic poll
book, or any signature made by the voter on file in the statewide voter registration
system.
(2) A statement that the voter's absentee ballot will be rejected and not counted unless
the voter cures the signature mismatch under this section by filing a signed signature
verification affidavit with the county election board or board of elections and
registration not later than noon, local prevailing time, eight (8) days after election day,
and specifying the date on which the eighth day will fall.
(3) A signature line for the voter to print the voter's name and date and sign the
signature verification affidavit.
(4) A statement that the signature verification affidavit must be:
(A) placed into a mailing envelope addressed to the county election board or board
of elections and registration, and either mailed with sufficient postage or hand
delivered to the board; or
(B) sent to the board by electronic mail or facsimile transmission.
(5) Information provided by the board setting forth the mailing address, electronic mail
address, or facsimile number of the board.
(6) The name of the voter.
(h) The signature verification affidavit shall be prescribed by the election division under
IC 3-5-4-8, shall be produced from the computerized list established under IC 3-7-26.3, must
substantially be in the following form, and may be included on the same page as the notice
and instructions:
SIGNATURE VERIFICATION AFFIDAVIT
I, [voter's name], am a registered voter of [voter's county of residence] County, State
of Indiana. I declare under the penalties of perjury that I requested and returned an
absentee ballot. I am a resident of the precinct in which I have voted (or I am entitled
to vote in this precinct under Indiana law), and I am the person whose name appears on
the absentee ballot envelope. I understand that if I commit or attempt any fraud in
connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in
connection with voting, I may be convicted of a felony punishable by imprisonment,
a fine, or both. I understand that my failure to sign this statement means my absentee
ballot will not be counted.
___________________
Voter's Signature
____________________
Voter's Printed Name
________________________
Voter's Registration Address
If there is a reason why your signature does not match, please explain here. Examples
include age or disability of the voter or execution of the absentee affidavit by the
person holding the voter's power of attorney or any person assisting a voter under
IC 3-11-4-2(b) or a member of the voter's immediate household or power of attorney
attesting to the voter's signature on the absentee by mail return envelope under
IC 3-11.5-4-13(c). The computerized list shall preprint the name of the voter in the
appropriate parts of the affidavit.
(i) The county election board or board of elections and registration may not reject an
absentee ballot with a nonconforming security envelope signature if each of the following
conditions are satisfied:
(1) The voter delivers:
(A) in person;
(B) by mail;

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 (C) by facsimile transmission; or
(D) by electronic mail;
a signature verification affidavit signed by the voter and the county election board or
board of elections and registration receives the affidavit not later than noon, prevailing
time, eight (8) days after election day, or the voter, before the close of the polls on
election day, completes and files a signature verification affidavit with the inspector or
other chief election official of the precinct or vote center within the county. The
inspector or vote center official shall forward the signature verification statement to the
county election board or board of elections and registration with the other materials
from the precinct.
(2) Upon receipt of the signature verification statement, the county election board or
county board of elections and registration shall open the provisional ballot envelope to
access the voter's absentee ballot security envelope to:
(A) compare the signature on the verification statement with the signature on the
affidavit of the ballot envelope; or
(B) if the ballot is for a military or overseas voter who transmitted the ballot by
facsimile or electronic mail, compare the affidavit found under IC 3-11-4-6(h) and,
if applicable, the signature found in the voter's registration record or the signature on
the absentee ballot application.
(j) If, upon conducting the comparison of signatures, the board determines that the
signatures match and no other challenges have been made to the ballot, the board shall open
the absentee ballot security envelope and add the votes cast on the ballot to the tally for the
voter's precinct.
(k) A ballot may not be removed from the security envelope until the time for processing
ballots. If, upon conducting the comparison of the signatures under this section, the election
officials determine that the signatures are mismatched, the voter's absentee ballot security
envelope may not be opened and the ballot shall not be counted. The election officials shall
write "this ballot has been rejected because of a mismatched signature" on the face of the
security envelope. The absentee ballot security envelope must be resealed and the status of
the rejected provisional ballot must be made under the "County Election Board Findings" on
the affidavit.
(l) A mismatched absentee ballot security envelope is to be treated as a provisional ballot
and is subject to the same confidentiality restrictions under IC 3-11.7-6-3.
(m) If the county election board or board of elections and registration determines that the
signatures match, the board shall provide a copy of the statement to the county voter
registration officer in any county where there is a separate board of registration. The voter
registration officer shall then use the signature in the signature verification statement, even
if returned untimely, to update the voter's signature in the voter's registration record.
As added by P.L.109-2021, SEC.61.

IC 3-11.5-4-13.6 Absentee ballot signature comparison; missing signature;

procedure; affidavit of unsigned ballot
Sec. 13.6. (a) This section applies to an absentee ballot where there is a finding that the
voter's signature on the absentee ballot security envelope affidavit is missing and therefore
does not correspond to the signature on the voter's absentee ballot application or electronic
poll book.
(b) Section 13.5(c), 13.5(d), and 13.5(f) of this chapter apply to this section.
(c) The county election board or board of elections and registration shall not reject an
absentee ballot with a missing security envelope signature if either of the following
conditions is satisfied and the county election board or board of elections and registration
determines that the unsigned absentee ballot affidavit is truthful and otherwise in compliance
with this section:
(1) The voter delivers:

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 (A) in person;
(B) by mail;
(C) by facsimile; or
(D) by electronic mail;
an affidavit of unsigned ballot that is signed by the voter, and the county election board
or board of elections and registration receives the affidavit not later than noon eight (8)
days after election day.
(2) Before the close of the polls on election day, the voter completes and files an
affidavit of unsigned ballot with the inspector or other chief election official of the
precinct or vote center within the county. The inspector or vote center official shall
forward the affidavit of unsigned ballot to the county election board or board of
elections and registration with the other materials from the precinct.
(d) Upon receipt of the affidavit of unsigned ballot, the county election board or county
board of elections and registration shall open the provisional ballot envelope to access the
voter's absentee ballot security envelope to:
(1) compare the signature on the affidavit of unsigned ballot with the most recent
signature on the voter's registration record in the statewide voter registration system,
or the signature on the absentee ballot application; or
(2) if the ballot is for a military or overseas voter who transmitted the ballot by
facsimile or electronic mail, compare the affidavit found under IC 3-11-4-6(h) and, if
applicable, the signature found in the voter's registration record or the signature on the
absentee ballot application.
(e) If, upon conducting the comparison of the signatures, the board determines that the
signatures match and there are no other challenges that have been made to the ballot, the
board shall open the absentee ballot security envelope and add the votes cast on the ballot
to the tally for the voter's precinct.
(f) If, upon conducting the comparison of the signatures, the board determines that the
signatures are mismatched, the voter's absentee ballot security envelope shall not be opened
and the ballot may not be counted. The board shall write "this ballot has been rejected
because of a mismatched signature" on the face of the security envelope. The provisional
ballot envelope must be resealed and the status of the rejected ballot must be set forth under
the "County Election Board Findings" on the affidavit.
(g) The affidavit of unsigned ballot shall be prescribed by the election division under
IC 3-5-4-8, shall be produced from the computerized list established under IC 3-7-26.3, must
be in substantially the following form, and may be included on the same page as the notice
and instructions:
AFFIDAVIT OF UNSIGNED BALLOT
I, [voter's name], am a registered voter of [voter's county of residence] County, State
of Indiana. I declare under the penalties of perjury that I requested and returned an
absentee ballot. I am a resident of the precinct in which I have voted (or I am entitled
to vote in this precinct under Indiana law), and I am the person whose name appears on
the absentee ballot envelope. I understand that if I commit or attempt any fraud in
connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in
connection with voting, I may be convicted of a felony punishable by imprisonment,
a fine, or both. I understand that my failure to sign this statement means that my
absentee ballot will not be counted.
___________________
Voter's Signature
____________________
Voter's Printed Name
________________________
Voter's Registration Address

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The computerized list shall preprint the name of the voter in the appropriate parts of the
affidavit.
(h) The following instructions, prescribed by the election division under IC 3-5-4-8 and
produced from the computerized list established under IC 3-7-26.3, shall accompany the
affidavit of unsigned ballot in substantially the following form:
NOTICE FROM COUNTY ELECTION BOARD
REGARDING AN AFFIDAVIT OF UNSIGNED BALLOT FOR ABSENTEE
BALLOT
Read these instructions carefully before completing the statement. Failure to follow
these instructions may cause your ballot to not be counted.
(1) We have determined that your signature is missing on your absentee ballot
security envelope. To ensure that your absentee ballot will be counted, you must
complete and return an affidavit of unsigned ballot.
(2) Your affidavit of unsigned ballot must be received by the county election board
or board of elections and registration not later than noon, local prevailing time, eight
(8) days after the election, with the statement specifying the day on which the eighth
day after the election will fall.
(3) You must sign your name where specified on the affidavit of unsigned ballot.
(4) Place the affidavit of unsigned ballot into a mailing envelope addressed to your
county election official. Mail, hand deliver, or have your completed affidavit
delivered to the board. Be sure to include sufficient postage if mailed, and include
the address of the county election board provided below.
(5) If you do not wish to send your affidavit of unsigned ballot by mail or have it
hand delivered, you may submit your completed affidavit by electronic mail or
facsimile transmission to the county election board using the following information
provided by your county [insert county electronic mail address and facsimile
number].
(6) Include your name on the affidavit.
(i) A ballot may not be removed from the security envelope until the time for processing
the ballot.
(j) Except where clearly inapplicable under IC 3-11.7, an unsigned absentee ballot
security envelope is to be treated as a provisional ballot and is subject to the same
confidentiality restrictions under IC 3-11.7-6-3. The affidavit of unsigned ballot and the
signature verification statement executed by the voter are confidential under IC 3-11.7-6-3.
As added by P.L.109-2021, SEC.62.

IC 3-11.5-4-14 Rejected ballots; endorsement; processing and return

Sec. 14. (a) Each ballot rejected for any of the reasons prescribed by section 13 of this
chapter shall, without being unfolded to disclose how the ballot is marked, be endorsed with
the words: "Rejected (giving the reason or reasons for the rejection).".
(b) All rejected absentee ballots shall be enclosed and securely sealed in an envelope on
which the absentee ballot counters shall write the words: "Rejected absentee ballots". The
absentee ballot counters shall also identify the precinct and the date of the election on the
envelope containing the rejected ballots.
(c) The rejected absentee ballots shall be returned to the same officer and in the same
manner as prescribed by this title for the return and preservation of official ballots cast and
uncast at the election.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-4-15 Challenge of absentee ballot at polls; procedure

Sec. 15. (a) Except as provided in subsection (c), the vote of an absentee voter may be
challenged at the polls for the reason that the absentee voter is not a legal voter of the
precinct where the ballot is being cast.

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 (b) Before the inspector prepares to mark the poll list to indicate that an absentee ballot
cast by the voter has been received by the county election board according to a certificate
delivered to the polls under section 1 or section 8 of this chapter, the inspector shall notify
the challengers and the pollbook holders that the inspector is about to mark the poll list under
this section. The inspector shall provide the challengers and pollbook holders with the name
and address of each voter listed in the certificate so that the voter may be challenged under
this article.
(c) This section applies to a county that:
(1) has adopted an order to use an electronic poll list under IC 3-7-29-6(a)(1); or
(2) is a vote center county under IC 3-11-18.1.
The vote of an absentee ballot may be challenged for the reason that the absentee voter is not
a legal voter of the precinct for which the absentee ballot was issued. Before the absentee
ballot counters process an absentee ballot, the absentee ballot counters shall notify the county
election board. A county election board member, or a representative designated by a county
election board member, may challenge the absentee ballot under section 16 of this chapter.
(d) The challenge under this section must be determined using the procedures for counting
a provisional ballot under IC 3-11.7.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004,
SEC.140; P.L.271-2013, SEC.29; P.L.64-2014, SEC.64; P.L.169-2015, SEC.139.

IC 3-11.5-4-16 Absentee voter's application as affidavit; challenge procedure

Sec. 16. (a) If an absentee ballot is challenged under section 15 of this chapter, the
absentee voter's application for an absentee ballot shall be considered as the affidavit
required to be made by a voter when challenged at the polls while voting in person.
(b) Except as provided in subsection (c), the challenge procedure under this section is the
same as though the ballot was cast by the voter in person.
(c) An absentee voter is not required to provide proof of identification.
(d) The absentee ballot cast by the challenged voter shall be counted if the county election
board makes the findings required under IC 3-11.7-5.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.109-2005,
SEC.10; P.L.164-2006, SEC.120; P.L.271-2013, SEC.30; P.L.76-2014, SEC.49.

IC 3-11.5-4-17 Absentee ballot of deceased voter

Sec. 17. (a) If proof is given to the absentee ballot counters that an absentee voter marked
and forwarded an absentee ballot but died before election day, the ballot of the deceased
voter shall be rejected under section 13 of this chapter and retained with the other rejected
ballots under section 14 of this chapter.
(b) The casting of an absentee ballot by a deceased voter does not invalidate an election.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-4-18 Voting in person by absentee voter who has not returned

absentee ballot
Sec. 18. (a) If a voter has not returned an absentee ballot, the voter may vote in person.
(b) However, if the voter has received an absentee ballot, before the voter may vote, the
voter must return the ballot to the inspector. The absentee ballot shall be marked "canceled"
and preserved with the rejected ballots.
(c) If the voter has requested but not received an absentee ballot, the voter may vote if the
voter executes an affidavit affirming that the voter has not received an absentee ballot.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.194-2013,
SEC.74; P.L.169-2015, SEC.140.

IC 3-11.5-4-19 Repealed
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.225-2011,

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SEC.93.

IC 3-11.5-4-20 Absentee voter wishing to vote in person after poll list is

marked
Sec. 20. If a voter has marked and returned an absentee ballot, the voter may not vote in
person except as provided in section 21 of this chapter.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.109-2021,
SEC.63.

IC 3-11.5-4-21 Voter who has cast rejected absentee ballot appearing in

person
Sec. 21. If an envelope containing a voter's absentee ballot has been marked "Rejected",
and the voter appears in person at the precinct before the polls close, the voter may vote as
any other voter voting in person if the voter presents the precinct election board with the
certificate issued under section 13(f) of this chapter.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.1-2009, SEC.4;
P.L.157-2019, SEC.33; P.L.227-2023, SEC.117.

IC 3-11.5-4-21.5 Rejected absentee ballots may not be opened; exception

Sec. 21.5. Rejected absentee ballots may not be opened, except on order of a court or the
state recount commission.
As added by P.L.169-2015, SEC.141.

IC 3-11.5-4-22 County election board appointments for absentee vote

processing; eligibility; service by candidate or candidate's
relative
Sec. 22. (a) Except as provided in subsection (b), each county election board shall
appoint:
(1) absentee voter boards;
(2) teams of absentee ballot counters; and
(3) teams of couriers;
consisting of two (2) voters of the county, one (1) from each of the two (2) political parties
that have appointed members on the county election board.
(b) Notwithstanding subsection (a), a county election board:
(1) may appoint, by a unanimous vote of the board's members, only one (1) absentee
ballot courier if the person appointed is a voter of the county; and
(2) shall not appoint teams of couriers, if the county:
(A) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or
(B) is a vote center county under IC 3-11-18.1.
(c) An otherwise qualified person is eligible to serve on an absentee voter board or as an
absentee ballot counter or a courier unless the person:
(1) is unable to read, write, and speak the English language;
(2) has any property bet or wagered on the result of the election;
(3) is a candidate to be voted for at the election except as an unopposed candidate for
a city office, town office, township office, school board office, precinct committeeman,
or state convention delegate; or
(4) is the spouse, parent, father-in-law, mother-in-law, child, son-in-law,
daughter-in-law, grandparent, grandchild, brother, sister, brother-in-law, sister-in-law,
uncle, aunt, nephew, or niece of a candidate or declared write-in candidate to be voted
for at the election except as an unopposed candidate. This subdivision disqualifies a
person whose relationship to the candidate is the result of birth, marriage, or adoption.
(d) A person who is a candidate to be voted for at the election or who is related to a
candidate in a manner that would result in disqualification under subsection (c) may,

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notwithstanding subsection (c), serve as a member of an absentee voter board if:
(1) the candidate is seeking nomination or election to an office in an election district
that does not consist of the entire county; and
(2) the county election board restricts the duties of the person as an absentee voter
board member to performing functions that could have no influence on the casting or
counting of absentee ballots within the election district.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.38-1999,
SEC.54; P.L.176-1999, SEC.92; P.L.14-2000, SEC.6; P.L.14-2004, SEC.141; P.L.271-2013,
SEC.31; P.L.76-2014, SEC.50; P.L.169-2015, SEC.142; P.L.109-2021, SEC.64.

IC 3-11.5-4-23 Political party notice of number of appointees;

recommendations for appointments; when nonvoter permitted
to serve as appointee
Sec. 23. (a) Not later than noon fifty (50) days before election day, each county election
board shall notify the county chairmen of the two (2) political parties that have appointed
members on the county election board of the number of:
(1) absentee voter boards;
(2) teams of absentee ballot counters; and
(3) teams of couriers;
to be appointed under section 22 of this chapter.
(b) The county chairmen shall make written recommendations for the appointments to the
county election board not later than forty-six (46) days before election day. The county
election board shall make the appointments as recommended.
(c) If a county chairman fails to make any recommendations, then the county election
board may appoint any voters of the county who comply with section 22 of this chapter.
(d) The county election board may permit an individual who is not a voter to serve as an
absentee board member, other than a member of a board under IC 3-11-10-25, an absentee
ballot counter, or a courier if the individual:
(1) satisfies the requirements under IC 3-6-6-39; and
(2) is approved by the unanimous vote of the entire membership of the county election
board.
(e) An individual appointed to serve as an absentee board member, other than the member
of a board under IC 3-11-10-25, an absentee ballot counter or a courier under subsection (d),
while serving as an absentee ballot counter or courier:
(1) is not required to obtain an employment certificate under IC 22-2-18 (before its
expiration on June 30, 2021); and
(2) is not subject to the limitations on time and duration of employment under
IC 22-2-18 (before its expiration on June 30, 2021) or IC 22-2-18.1.
(f) The county election board is not required to register as an employer under
IC 22-2-18.1.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.3-1995,
SEC.118; P.L.38-1999, SEC.55; P.L.14-2004, SEC.142; P.L.74-2017, SEC.56;
P.L.201-2017, SEC.33; P.L.147-2020, SEC.2; P.L.109-2021, SEC.65.

IC 3-11.5-4-23.5 Appointment of absentee ballot counters and couriers in

Marion County
Sec. 23.5. (a) This section applies to a county having a consolidated city only if the
county election board, by unanimous vote of its entire membership, adopts a resolution
making this section applicable in the county.
(b) Notwithstanding section 23 of this chapter, an individual who satisfies all of the
following may be appointed to serve as an absentee ballot counter or a courier:
(1) The individual is a citizen of the United States.
(2) The individual is registered to vote in Indiana.

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 (3) The individual is at least eighteen (18) years of age.
(4) The individual is appointed under the procedures described in section 23 of this
chapter.
(c) An individual appointed under this section who serves as an absentee ballot counter
is observed by registered voters of the county serving in bipartisan absentee ballot counter
teams.
As added by P.L.278-2019, SEC.126.

IC 3-11.5-4-24 Applicability; poll list; inspector duties

Sec. 24. (a) This section does not apply to a county that:
(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or
(2) is a vote center county under IC 3-11-18.1.
(b) This subsection does not apply if the circuit court clerk has provided a marked poll
list under section 1(2)(B) of this chapter. In addition to the preparations described in
IC 3-11-11-2, IC 3-11-13-27, or IC 3-11-14-16, the inspector shall:
(1) mark the poll list; and
(2) attach the certificates of voters who have registered and voted under IC 3-7-36-14
to the poll list;
in the presence of the poll clerks to indicate the voters of the precinct whose absentee ballots
have been received by the county election board according to the certificate supplied under
section 1 of this chapter.
(c) The poll clerks shall sign the statement printed on the certificate supplied under
section 1 of this chapter indicating that the inspector:
(1) marked the poll list; and
(2) attached the certificates described in subsection (b)(2);
under this section in the presence of both poll clerks.
(d) The inspector shall retain custody of the certificate supplied under section 1 of this
chapter until the certificate is returned under section 9 of this chapter.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002,
SEC.86; P.L.221-2005, SEC.98; P.L.271-2013, SEC.32; P.L.76-2014, SEC.51;
P.L.169-2015, SEC.143; P.L.157-2019, SEC.34.

IC 3-11.5-4-25 Repealed
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.126-2002,
SEC.93.

IC 3-11.5-4-26 Repealed
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.126-2002,
SEC.93.

IC 3-11.5-4-27 Repealed
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.126-2002,
SEC.93.

IC 3-11.5-4-28 Report of vote count; certificate

Sec. 28. When all votes have been counted, the precinct election board shall prepare a
certificate stating the number of votes that each candidate received for each office and the
number of votes cast on each public question. The number of votes that each candidate and
public question received shall be written in words and numbers. The board shall also prepare
a memorandum of the total vote cast for each candidate and ensure that each member of the
board receives a copy of the memorandum.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

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IC 3-11.5-5 Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots

3-11.5-5-1 Repealed
3-11.5-5-2 Applicability of chapter; paper ballot cast votes
3-11.5-5-3 Repealed
3-11.5-5-4 Repealed
3-11.5-5-5 Uninterrupted vote count procedures
3-11.5-5-6 Manner and order of counting ballots
3-11.5-5-7 Ballot count; reading of names
3-11.5-5-8 Vote counting; protest of ballot
3-11.5-5-9 Marking of protested ballot
3-11.5-5-10 Protested votes referred to county election board
3-11.5-5-11 Absentee counters signing of protested ballots
3-11.5-5-12 Separate counting of ballots from other precincts
3-11.5-5-13 Counting of ballots by two sets of vote counters
3-11.5-5-14 Counting federal write-in absentee ballots; minor errors on ballot; partial
ballot invalidity and ballots not to be counted
3-11.5-5-15 Certificate of absentee vote count
3-11.5-5-16 Entry and memorandum of vote count
3-11.5-5-17 Delivery of certificates and tally papers
3-11.5-5-18 Securing ballots, certificates, and tally papers; delivery
3-11.5-5-19 Oath of ballot counters
3-11.5-5-20 Filing of ballot counter's oath
3-11.5-5-21 Secure storage of ballots
3-11.5-5-22 Locks on stored ballots
3-11.5-5-23 Time of ballot storage
3-11.5-5-24 Time for retention of stored ballots when election contested
3-11.5-5-25 Destruction of stored ballots
3-11.5-5-26 Contract with educational institution for disposal of ballots
3-11.5-5-27 News media certificate of election results
3-11.5-5-28 Delivery of news media certificate
3-11.5-5-29 Release of information concerning absentee ballot counts before close of polls
other than as provided by chapter

IC 3-11.5-5-1 Repealed
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.2-1996,
SEC.202; P.L.3-1997, SEC.335. Repealed by P.L.278-2019, SEC.127.

IC 3-11.5-5-2 Applicability of chapter; paper ballot cast votes

Sec. 2. This chapter applies to the counting of absentee ballots cast on paper ballots.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-3 Repealed
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.271-2013,
SEC.33; P.L.76-2014, SEC.52; P.L.169-2015, SEC.144. Repealed by P.L.109-2021, SEC.66.

IC 3-11.5-5-4 Repealed
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.2-1996,
SEC.203; P.L.3-1997, SEC.336. Repealed by P.L.230-2005, SEC.91.

IC 3-11.5-5-5 Uninterrupted vote count procedures

Sec. 5. To minimize delay, the absentee ballot counters shall continue the count without
interruption until all absentee ballots for the precinct are canvassed and the certificates
required by this chapter are prepared and delivered to the person entitled to receive the
certificates.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

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IC 3-11.5-5-6 Manner and order of counting ballots
Sec. 6. The ballots shall be counted by laying each ballot upon a table in the order in
which the ballot was opened under IC 3-11.5-4-12.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-7 Ballot count; reading of names

Sec. 7. During the counting of the votes, one (1) of the absentee ballot counters shall read
the name of the candidates voted for from the ballots. A:
(1) member of the county election board who is not a member of the same political
party as the absentee ballot counter; or
(2) representative designated by the member;
reading the names shall view the ballots as the names are read.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-8 Vote counting; protest of ballot

Sec. 8. During the counting of the votes:
(1) an absentee ballot counter performing the counting;
(2) a member of the county election board; or
(3) a representative designated by the members;
may protest the counting of any ballot or any part of a ballot.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-9 Marking of protested ballot

Sec. 9. If a ballot or any part of a ballot is protested, an absentee ballot counter
immediately shall write on the back of the protested ballot the word "counted" or "not
counted", as appropriate.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-10 Protested votes referred to county election board

Sec. 10. If the absentee ballot counters cannot agree whether to count a ballot following
a protest under section 8 of this chapter, the question shall be referred to the county election
board for a decision.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-11 Absentee counters signing of protested ballots

Sec. 11. Following a decision by the absentee ballot counters or the county election board,
the absentee ballot counters shall officially sign each protested ballot.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-12 Separate counting of ballots from other precincts

Sec. 12. An absentee ballot counter may not count absentee ballots for a precinct under
this chapter while counting absentee ballots for any other precinct.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-13 Counting of ballots by two sets of vote counters

Sec. 13. (a) This section applies if at least two (2) sets of absentee ballot counters in a
county are counting absentee ballots under this chapter.
(b) A set of absentee ballot counters may count absentee ballots from a precinct while
another set of absentee ballot counters is counting absentee ballots from another precinct in
the county if each set of counters counts the ballots in compliance with section 7 of this
chapter.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

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IC 3-11.5-5-14 Counting federal write-in absentee ballots; minor errors on
ballot; partial ballot invalidity and ballots not to be counted
Sec. 14. (a) This section applies to the counting of federal write-in absentee ballots
described in IC 3-11-4-12.5.
(b) If a voter writes an abbreviation, a misspelling, or other minor variation instead of the
correct name of a candidate or political party, that vote shall be counted if the intent of the
voter can be determined.
(c) If a voter casts a ballot under this section for President or Vice President and writes
in the name of a candidate or political party that has not:
(1) certified a list of presidential electors and alternate presidential electors under
IC 3-10-4-5; or
(2) included a list of presidential electors and alternate presidential electors on the
declaration of intent to be a write-in candidate filed by a write-in candidate under
IC 3-8-2-2.5;
the vote for President or Vice President is void. The remaining votes on the ballot may be
counted.
(d) As required by 52 U.S.C. 20303(b), and except as provided in this section, an
absentee ballot subject to this section shall be submitted and processed in the same manner
provided by this title for a regular absentee ballot.
(e) IC 3-12-1-7 applies to a ballot subject to this section.
(f) As required under 52 U.S.C. 20303(b), a ballot subject to this section may not be
counted if:
(1) the ballot was submitted:
(A) by an overseas voter who is not an absent uniformed services voter; and
(B) from within the United States;
(2) the overseas voter's application for a regular absentee ballot was received by the
county election board after the applicable absentee ballot application deadline set forth
in IC 3-11-4-3;
(3) the voter's completed regular state absentee ballot was received by the county
election board by the deadline for receiving absentee ballots under IC 3-11.5-4-7 or
IC 3-12-1-17; or
(4) the ballot subject to this section was not received by the county election board by
the deadline for receiving absentee ballots under IC 3-11.5-4-7 or IC 3-12-1-17.
(g) If a federal write-in absentee ballot is received by the county election board in an
envelope that does not indicate that the envelope contains the ballot, and the envelope is
opened by the county election board, the absentee ballot shall nevertheless be counted if
otherwise valid. The county election board shall:
(1) immediately seal the absentee ballot and the envelope in which the ballot was
received in a carrier envelope indicating that a voted absentee ballot is enclosed; and
(2) document the date the absentee ballot was sealed within the carrier envelope,
attested to by the signature of each member of the county election board.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.198-2005,
SEC.14; P.L.66-2010, SEC.27; P.L.219-2013, SEC.60; P.L.128-2015, SEC.199;
P.L.201-2017, SEC.34.

IC 3-11.5-5-15 Certificate of absentee vote count

Sec. 15. When all the votes have been counted, the absentee ballot counters shall prepare
a certificate stating the number of votes that each candidate received for each office and the
number of votes cast on each public question.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-16 Entry and memorandum of vote count

Sec. 16. The number of votes that each candidate and public question received shall be

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written in words and numbers. The absentee ballot counters shall prepare a memorandum of
the total votes cast for each candidate and on each public question and ensure that each
member of the county election board receives a copy of the memorandum.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-17 Delivery of certificates and tally papers

Sec. 17. The absentee ballot counters shall deliver the certificates prepared under section
15 of this chapter and the tally papers to the county election board immediately upon the
tabulation of the vote in each precinct.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-18 Securing ballots, certificates, and tally papers; delivery

Sec. 18. As soon as the ballots have been counted, the absentee ballot counters shall in
the presence of the county election board do the following:
(1) Place in a strong paper envelope or bag the following:
(A) All ballots, voted and not voted, together with all protested and uncounted
ballots.
(B) One (1) copy of each of the certificates prepared under IC 3-11.5-4-1 and
IC 3-11.5-4-8.
(C) The tally papers.
(2) Securely seal the envelope or bag.
(3) Have both absentee ballot counters initial the envelope or bag.
(4) Plainly mark on the outside of the envelope or bag, in ink, the precinct for which
the absentee ballots were cast.
(5) Deliver the envelope or bag to the circuit court clerk.
(6) Notify the circuit court clerk of the number of ballots placed in the envelope or bag.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-19 Oath of ballot counters

Sec. 19. Upon delivery of the envelope or bag to the circuit court clerk, each absentee
ballot counter shall take and subscribe an oath before the clerk stating that the counter:
(1) securely kept the ballots and papers in the envelope or bag;
(2) did not permit any person to open the envelope or bag or to otherwise touch or
tamper with the ballots; and
(3) had no knowledge of any other person opening the envelope or bag.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-20 Filing of ballot counter's oath

Sec. 20. The circuit court clerk shall file the oath taken under section 19 of this chapter
with the clerk's other election documents.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-21 Secure storage of ballots

Sec. 21. The circuit court clerk shall place the envelope or bag in a receptacle provided
by the county executive with two (2) different locks.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-22 Locks on stored ballots

Sec. 22. The circuit court clerk shall do the following:
(1) Lock the receptacle provided under section 21 of this chapter.
(2) Retain one (1) key to one (1) lock of the receptacle.
(3) Give one (1) key to the other lock of the receptacle to the member of the county
election board who is not a member of the same political party as the clerk.

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As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-23 Time of ballot storage

Sec. 23. The circuit court clerk shall preserve the receptacle containing the envelope or
bag in the clerk's office for the period required under IC 3-10-1-31.1.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004,
SEC.143; P.L.193-2021, SEC.70.

IC 3-11.5-5-24 Time for retention of stored ballots when election contested

Sec. 24. If the election is contested, the clerk shall preserve the receptacle containing the
envelope or bag as long as the contest is undetermined. During those periods the clerk shall
keep the receptacle securely locked, subject only to an order of the court trying a contest.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-25 Destruction of stored ballots

Sec. 25. When permitted under IC 3-10-1-31.1, the clerk and a county election board
member of the opposite political party shall remove the envelope or bag from the receptacle
and destroy the envelope or bag.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004,
SEC.144; P.L.193-2021, SEC.71.

IC 3-11.5-5-26 Contract with educational institution for disposal of ballots

Sec. 26. A county election board may contract with a state educational institution to
dispose of the ballots. The contract must provide that:
(1) the ballots will be used by the state educational institution to conduct election
research; and
(2) the state educational institution may not receive any ballots under this subsection
until the period for retention under IC 3-10-1-31.1 has expired.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004,
SEC.145; P.L.2-2007, SEC.12; P.L.193-2021, SEC.72.

IC 3-11.5-5-27 News media certificate of election results

Sec. 27. Immediately upon completion of the vote count, the absentee ballot counters shall
make and sign a certificate for the news media showing the total number of absentee ballot
votes received by each candidate and on each public question in the precinct.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-28 Delivery of news media certificate

Sec. 28. The absentee ballot counters shall deliver the certificate to the circuit court clerk
as soon as the certificate is completed. The circuit court clerk shall deliver the certificate
made for the news media to any person designated to receive the certificate by the editors of
the newspapers published in the county or by the managers of the radio and television
stations operating in the county immediately upon the completion of the certificate, but not
before the closing of the polls.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-5-29 Release of information concerning absentee ballot counts

before close of polls other than as provided by chapter
Sec. 29. (a) This section applies to a person who observes or performs any of the
following under this chapter:
(1) The counting of absentee ballots.
(2) The proceedings of absentee ballot counters or the county election board regarding
a protested ballot.

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 (3) The preparation of a certificate by absentee ballot counters.
(4) The delivery of a certificate to the circuit court clerk or county election board.
(b) Except as prescribed by this chapter, a person shall not provide any other person with
information concerning the number of votes:
(1) a candidate received for an office; or
(2) cast to approve or reject a public question;
on absentee ballots counted under this chapter before the closing of the polls.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

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IC 3-11.5-6 Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards

3-11.5-6-1 Repealed
3-11.5-6-2 Applicability
3-11.5-6-3 Repealed
3-11.5-6-4 Count of ballots without interruption
3-11.5-6-5 Grouping of ballot cards; not applicable in county having a consolidated city
3-11.5-6-6 Persons who may protest ballot
3-11.5-6-7 Referring protested ballot to county election board
3-11.5-6-8 Notations on contested ballots
3-11.5-6-9 Damaged ballots unable to be machine processed
3-11.5-6-10 Duplicate copy of damaged ballot; witnesses
3-11.5-6-11 Duplicate copy of defective card
3-11.5-6-12 Duplicate cards; identification information
3-11.5-6-13 Counting of duplicate instead of defective card
3-11.5-6-14 Failure to test tabulating machines for particular office or question; manual
tabulation
3-11.5-6-15 Direction to manually count ballots
3-11.5-6-16 Standards for manually tabulated vote count
3-11.5-6-17 Counting write-in votes for federal office
3-11.5-6-18 Certification of vote count; time
3-11.5-6-19 Certification of vote count; formal requirements; memorandum
3-11.5-6-20 Delivery of certificate of vote count; return of equipment
3-11.5-6-21 Packaging counted ballots for storage; procedure in county having a
consolidated city
3-11.5-6-22 Oath of ballot counters
3-11.5-6-23 Filing of oath of ballot counters
3-11.5-6-24 Locks for ballot storage containers
3-11.5-6-25 Keys to locks for ballot storage containers
3-11.5-6-26 Preservation of ballots; time requirements
3-11.5-6-27 Preservation of ballots; time requirements of contested elections
3-11.5-6-28 Destruction of stored ballots
3-11.5-6-29 Contracts with educational institutions for disposal of ballots
3-11.5-6-30 News media certificate; preparation
3-11.5-6-31 News media certificate; time and manner of release
3-11.5-6-32 Release of voting information before closing of polls
3-11.5-6-33 Conduct of recount

IC 3-11.5-6-1 Repealed
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.2-1996,
SEC.204; P.L.3-1997, SEC.337. Repealed by P.L.278-2019, SEC.128.

IC 3-11.5-6-2 Applicability
Sec. 2. This chapter applies to the counting of absentee ballots cast on ballot cards.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-3 Repealed
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.271-2013,
SEC.34; P.L.76-2014, SEC.53; P.L.169-2015, SEC.145; P.L.100-2018, SEC.18;
P.L.210-2018, SEC.4. Repealed by P.L.109-2021, SEC.67.

IC 3-11.5-6-4 Count of ballots without interruption

Sec. 4. (a) This subsection does not apply to a county having a consolidated city. To
minimize delay, the absentee ballot counters shall continue to count without interruption until
all absentee ballots for the precinct are canvassed and the certificates required by this chapter
are prepared and delivered to the person entitled to receive the certificates.
(b) This subsection applies to a county having a consolidated city. To minimize delay, the
absentee ballot counters shall continue to count without interruption until all absentee ballots

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that have been accepted by the absentee ballot counters under IC 3-11.5-4-12 are canvassed,
and the certificates required by this chapter are prepared and delivered to the person entitled
to receive the certificates.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.100-2018,
SEC.19; P.L.210-2018, SEC.5; P.L.278-2019, SEC.129.

IC 3-11.5-6-5 Grouping of ballot cards; not applicable in county having a

consolidated city
Sec. 5. (a) This section does not apply to a county having a consolidated city.
(b) The absentee ballot counters shall determine if the ballot cards are properly grouped
and arranged so that all similar cards from a precinct are together before the ballots are
counted on an automatic tabulating machine.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.100-2018,
SEC.20; P.L.210-2018, SEC.6.

IC 3-11.5-6-6 Persons who may protest ballot

Sec. 6. During the tabulation of votes at a central counting location, an absentee ballot
counter performing the count, a member of the county election board, or a representative
designated by the member of the board may protest the counting of a ballot or part of a ballot
cast by a voter of a precinct.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-7 Referring protested ballot to county election board

Sec. 7. If the absentee ballot counters cannot agree whether to count a ballot following
a protest under section 6 of this chapter, the question shall be referred to the county election
board for a decision.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-8 Notations on contested ballots

Sec. 8. Following a decision by the absentee ballot counters or the county election board:
(1) the absentee ballot counters immediately shall write on the back of the protested
ballot card the word "counted" or "not counted", as appropriate; and
(2) the person protesting the ballot under section 6 of this chapter shall officially sign
the protested ballot card.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-9 Damaged ballots unable to be machine processed

Sec. 9. If an absentee ballot is damaged or defective so that the ballot cannot properly be
counted by an automatic tabulating machine, a remake team composed of one (1) person
from each of the major political parties of the county shall have the card prepared for
processing so as to record accurately the intent of the voter insofar as the intent can be
ascertained.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-10 Duplicate copy of damaged ballot; witnesses

Sec. 10. If necessary, a true duplicate copy shall be made of the damaged ballot card in
the presence of witnesses and substituted for the damaged card.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-11 Duplicate copy of defective card

Sec. 11. A duplicate ballot card shall be made of a defective card, not including the
uncounted votes.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

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IC 3-11.5-6-12 Duplicate cards; identification information
Sec. 12. All duplicate cards must:
(1) be clearly labeled "duplicate"; and
(2) bear a serial number that shall be recorded on the damaged or defective card.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-13 Counting of duplicate instead of defective card

Sec. 13. Each duplicate ballot card shall be counted instead of the damaged or defective
card.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-14 Failure to test tabulating machines for particular office or

question; manual tabulation
Sec. 14. If a test of automatic tabulating machines required by IC 3-11-13-22 is not
conducted for a particular office or public question, the absentee ballot votes for that office
shall be counted manually.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.85-2017,
SEC.3.

IC 3-11.5-6-15 Direction to manually count ballots

Sec. 15. If for any reason the county election board determines that it is impracticable to
count all or some of the absentee ballots under this chapter with an automatic tabulating
machine, the board may direct that the ballot cards be counted manually.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-16 Standards for manually tabulated vote count

Sec. 16. If ballot cards are counted manually, the tabulation of votes must comply with
the standards prescribed by IC 3-11-7.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-17 Counting write-in votes for federal office

Sec. 17. IC 3-11.5-5-14 applies to the counting of write-in absentee ballots for a federal
office cast on a ballot card received under 52 U.S.C. 20301.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.128-2015,
SEC.200.

IC 3-11.5-6-18 Certification of vote count; time

Sec. 18. When all the votes have been counted, the absentee ballot counters shall prepare
a certificate stating the number of votes that each candidate received for each office and the
number of votes cast on each public question.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-19 Certification of vote count; formal requirements;

memorandum
Sec. 19. The number of votes that each candidate and each public question received shall
be written in words and numbers. The absentee ballot counters shall prepare a memorandum
of the total votes cast for each candidate and on each public question and ensure that each
member of the county election board receives a copy of the memorandum.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-20 Delivery of certificate of vote count; return of equipment

Sec. 20. The absentee ballot counters shall deliver the certificates prepared under section
18 of this chapter and the return printed by the automatic tabulating machine to the county

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election board immediately upon the tabulation of the vote in each precinct.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-21 Packaging counted ballots for storage; procedure in county

having a consolidated city
Sec. 21. (a) As soon as the ballots have been counted, the absentee ballot counters shall,
in the presence of the county election board, do the following:
(1) Place in a strong paper envelope or bag the following:
(A) All ballots, voted and not voted, together with all protested and uncounted
ballots.
(B) One (1) copy of each of the certificates prepared under IC 3-11.5-4-1 and
IC 3-11.5-4-8.
(C) The tally papers.
(2) Securely seal the envelope or bag.
(3) Have both absentee ballot counters initial the envelope or bag.
(4) Plainly mark on the outside of the envelope or bag, in ink, the precinct for which
the absentee ballots were cast.
(5) Deliver the envelope or bag to the circuit court clerk.
(6) Notify the circuit court clerk of the number of ballots placed in the envelope or bag.
(b) This subsection applies to a county having a consolidated city. Notwithstanding
subsection (a)(4), the absentee ballots may be stored in the order in which the absentee
ballots were counted and not in order by precinct.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.100-2018,
SEC.21; P.L.210-2018, SEC.7.

IC 3-11.5-6-22 Oath of ballot counters

Sec. 22. Upon delivery of the envelope or bag to the circuit court clerk, each absentee
ballot counter shall take and subscribe an oath before the clerk stating that the counter:
(1) securely kept the ballots and papers in the envelope or bag;
(2) did not permit any person to open the envelope or bag or to otherwise touch or
tamper with the ballots; and
(3) had no knowledge of any other person opening the envelope or bag.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-23 Filing of oath of ballot counters

Sec. 23. The circuit court clerk shall file the oath taken under section 22 of this chapter
with the clerk's other election documents.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-24 Locks for ballot storage containers

Sec. 24. The circuit court clerk shall place the envelope or bag in a receptacle provided
by the county executive with two (2) different locks.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-25 Keys to locks for ballot storage containers

Sec. 25. The circuit court clerk shall do the following:
(1) Lock the receptacle provided under section 24 of this chapter.
(2) Retain one (1) key to one (1) lock of the receptacle.
(3) Give one (1) key to the other lock of the receptacle to the member of the county
election board who is not a member of the same political party as the clerk.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-26 Preservation of ballots; time requirements

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 Sec. 26. The circuit court clerk shall preserve the receptacle containing the envelope or
bag in the clerk's office for the period required under IC 3-10-1-31.1.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004,
SEC.146; P.L.193-2021, SEC.73.

IC 3-11.5-6-27 Preservation of ballots; time requirements of contested

elections
Sec. 27. If the election is contested, the clerk shall preserve the receptacle containing the
envelope or bag as long as the contest is undetermined. During those periods the clerk shall
keep the receptacle securely locked, subject only to an order of the court trying a contest.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-28 Destruction of stored ballots

Sec. 28. When permitted under IC 3-10-1-31.1, the clerk and a county election board
member of the opposite political party shall remove the envelope or bag from the receptacle
and destroy the envelope or bag.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004,
SEC.147; P.L.193-2021, SEC.74.

IC 3-11.5-6-29 Contracts with educational institutions for disposal of ballots

Sec. 29. A county election board may contract with a state educational institution to
dispose of the ballots. The contract must provide that:
(1) the ballots will be used by the state educational institution to conduct election
research; and
(2) the state educational institution may not receive any ballots under this subsection
until the period for retention under IC 3-10-1-31.1 has expired.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004,
SEC.148; P.L.2-2007, SEC.13; P.L.193-2021, SEC.75.

IC 3-11.5-6-30 News media certificate; preparation

Sec. 30. Immediately upon completion of the vote count, the absentee ballot counters shall
make and sign a certificate for the news media showing the total number of absentee ballot
votes received by each candidate and on each public question in the precinct.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-31 News media certificate; time and manner of release

Sec. 31. The absentee ballot counters shall deliver the certificate to the circuit court clerk
as soon as the certificate is completed. The circuit court clerk shall deliver the certificate
made for the news media to any person designated to receive the certificate by the editors of
the newspapers published in the county or by the managers of the radio and television
stations operating in the county immediately upon the completion of the certificate, but not
before the closing of the polls.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-32 Release of voting information before closing of polls

Sec. 32. (a) This section applies to a person who observes or performs any of the
following under this chapter:
(1) The counting of absentee ballots.
(2) The proceedings of absentee ballot counters or the county election board regarding
a protested ballot.
(3) The preparation of a certificate by absentee ballot counters.
(4) The delivery of a certificate to the circuit court clerk or county election board.
(b) Except as prescribed by this chapter, a person shall not provide any other person with

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information concerning the number of votes:
(1) a candidate received for an office; or
(2) cast to approve or reject a public question;
on absentee ballots counted under this chapter before the closing of the polls.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-6-33 Conduct of recount

Sec. 33. In case of a recount, all ballot cards shall be recounted in the manner prescribed
by this chapter unless:
(1) the court ordering the recount or the state recount commission directs that the
ballots be counted manually; or
(2) a request for a manual recount is made under IC 3-12-6 or IC 3-12-11.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

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IC 3-11.5-7 Chapter 7. Additional Provisions Relating to Counting
Absentee Ballots

3-11.5-7-1 Canvassing of returns

3-11.5-7-2 Compensation of couriers and counters
3-11.5-7-3 Recounts; precinct of voter residence
3-11.5-7-4 Repealed

IC 3-11.5-7-1 Canvassing of returns

Sec. 1. (a) Absentee ballot counters shall conduct the activities conducted by precinct
election officials in submitting returns to the county election board under IC 3-12-4.
(b) The returns of absentee ballot counters shall be treated the same as the returns of a
precinct election board under IC 3-12-4.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.64-2014,
SEC.65.

IC 3-11.5-7-2 Compensation of couriers and counters

Sec. 2. The voters appointed as couriers or absentee ballot counters under this article shall
be compensated in the following manner:
(1) Couriers assigned to deliver absentee ballots certifications to the precincts on
election day under IC 3-11.5-4-8, are entitled to a per diem established by the county
executive and a sum for mileage established by the county fiscal body.
(2) The absentee ballot counters who are assigned to perform duties regarding absentee
ballots on election day are entitled to a per diem established by the county executive.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.38-1999,
SEC.56.

IC 3-11.5-7-3 Recounts; precinct of voter residence

Sec. 3. An absentee ballot is considered to be cast in the precinct in which the voter who
cast the ballot resides for the purpose of the following chapters:
(1) IC 3-12-6.
(2) IC 3-12-11.
(3) IC 3-12-12.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.

IC 3-11.5-7-4 Repealed
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.3-1995,
SEC.155.

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IC 3-11.5-8 Chapter 8. Counting of Absentee Ballots Cast on Electronic
Voting Systems

3-11.5-8-1 Initial determination whether absentee ballot must be rejected; voiding rejected
absentee ballot on electronic voting system
3-11.5-8-2 Processing of remaining ballots; precinct printouts
3-11.5-8-3 Tabulation of valid absentee ballots

IC 3-11.5-8-1 Initial determination whether absentee ballot must be rejected;

voiding rejected absentee ballot on electronic voting system
Sec. 1. (a) The county election board shall make an initial determination concerning
whether any absentee ballot cast on an electronic voting system must be rejected for any
grounds under IC 3-11.5-4-13.
(b) If the county election board makes an initial determination under subsection (a) that
an absentee ballot must be rejected, the county election board shall void the absentee ballot
on the electronic voting system.
As added by P.L.157-2019, SEC.35.

IC 3-11.5-8-2 Processing of remaining ballots; precinct printouts

Sec. 2. After making an initial determination under section 1 of this chapter, the county
election board shall process the remaining absentee ballots by producing a printout for each
precinct in which an absentee ballot cast on an electronic voting system has been cast.
As added by P.L.157-2019, SEC.35.

IC 3-11.5-8-3 Tabulation of valid absentee ballots

Sec. 3. After making an initial determination under section 1 of this chapter and
processing the ballots under section 2 of this chapter, the county election board shall tabulate
the valid absentee ballots cast on the electronic voting system.
As added by P.L.157-2019, SEC.35. Amended by P.L.156-2020, SEC.4.

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IC 3-11.7 ARTICLE 11.7. PROVISIONAL VOTING

Ch. 1. Application and General Provisions

Ch. 2. Casting a Provisional Ballot
Ch. 3. Provisional Ballot Counters
Ch. 4. Watchers for Political Parties, Candidates, and the Media
Ch. 5. Counting Provisional Ballots
Ch. 6. Additional Provisions Relating to Provisional Ballots
Ch. 7. Standards for Issuing an Order Extending the Hour for the Closing of the Polls

IC 3-11.7-1 Chapter 1. Application and General Provisions

3-11.7-1-1 Repealed
3-11.7-1-2 Form of provisional ballot
3-11.7-1-3 Procedures relating to provisional ballots
3-11.7-1-4 Clerk to estimate number of provisional ballots required for an election
3-11.7-1-5 Repealed
3-11.7-1-6 Provisional ballots prepared by county election board; write-in votes; delivery
to circuit court clerk
3-11.7-1-7 Clerk's signature and seal on provisional ballots
3-11.7-1-8 Provisional ballot envelopes
3-11.7-1-9 Marking provisional ballot packages

IC 3-11.7-1-1 Repealed
As added by P.L.126-2002, SEC.87. Repealed by P.L.164-2006, SEC.143.

IC 3-11.7-1-2 Form of provisional ballot

Sec. 2. (a) Except as provided in subsection (b), a provisional ballot must have the same
form as an absentee ballot for:
(1) the election for which the ballot is cast; and
(2) the precinct in which the ballot is cast.
(b) A provisional ballot must indicate that the ballot is a provisional ballot and not an
absentee ballot.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-1-3 Procedures relating to provisional ballots

Sec. 3. Except as otherwise provided in this article, the procedures described in this title
for paper ballots apply to provisional ballots.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-1-4 Clerk to estimate number of provisional ballots required for an

election
Sec. 4. Each circuit court clerk shall:
(1) not less than sixty (60) days before the date on which a general, primary, or
municipal election is held; or
(2) not more than three (3) days after the date on which a special election is ordered;
estimate the number of provisional ballots that will be required in the county for the election.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-1-5 Repealed
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.170. Repealed by
P.L.14-2004, SEC.196.

IC 3-11.7-1-6 Provisional ballots prepared by county election board; write-in

votes; delivery to circuit court clerk

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 Sec. 6. (a) All provisional ballots shall be prepared and printed under the direction of each
county election board.
(b) After completing the estimate required by section 4 of this chapter, the county election
board shall immediately prepare the ballots and have the ballots printed.
(c) Except as provided in subsection (e), ballots prepared by the county election board
under this section must provide space for the voter to cast a write-in ballot.
(d) The provisional ballots that are prepared and printed under this section shall be
delivered to the circuit court clerk not later than fifty (50) days before a general, primary,
special, or municipal election.
(e) Space for write-in voting for an office is not required if there are no declared write-in
candidates for that office. However, procedures must be implemented to permit write-in
voting for candidates for federal offices.
(f) This subsection applies to the printing of provisional ballots for a general election in
which the names of the nominees for President and Vice President of the United States are
to be printed on the ballot. The provisional ballots that are prepared and printed under this
section must be delivered to the circuit court clerk or the clerk's authorized deputy not later
than thirty-eight (38) days before the general election.
As added by P.L.126-2002, SEC.87. Amended by P.L.14-2004, SEC.150; P.L.169-2015,
SEC.146.

IC 3-11.7-1-7 Clerk's signature and seal on provisional ballots

Sec. 7. Each provisional ballot must be signed by the circuit court clerk or an individual
authorized by the circuit court clerk and have the circuit court clerk's seal affixed.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-1-8 Provisional ballot envelopes

Sec. 8. The county election board shall provide to each precinct election board envelopes
marked "Provisional Ballot" in which a provisional voter places the voter's provisional ballot.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-1-9 Marking provisional ballot packages

Sec. 9. Each package of provisional ballots delivered to a circuit court clerk shall be
plainly marked on an appropriate attached label with the words: "This package contains
_______ (giving number of ballots) provisional ballots.". The clerk shall securely keep all
ballots in the clerk's office and shall distribute them to applicants as provided in this article.
As added by P.L.126-2002, SEC.87.

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IC 3-11.7-2 Chapter 2. Casting a Provisional Ballot

3-11.7-2-1 Requirements; notice to voter

3-11.7-2-2 Duties of voter; instructions to voter
3-11.7-2-3 Duties of precinct election board; affidavits and envelopes; provisional ballots;
ballots cast after regular polling hours
3-11.7-2-4 Handling provisional ballots at close of polls

IC 3-11.7-2-1 Requirements; notice to voter

Sec. 1. (a) As provided by 52 U.S.C. 21082, this section applies to the following
individuals:
(1) An individual:
(A) whose name does not appear on the registration list; and
(B) who is challenged under IC 3-10-1 or IC 3-11-8 after the voter makes an oral or
a written affirmation under IC 3-7-48-5 or IC 3-7-48-7 or after the voter produces a
certificate of error under IC 3-7-48-1.
(2) An individual described by IC 3-10-1-10.5, IC 3-11-8-23.5, or IC 3-11-8-27.5 who
is challenged as not eligible to vote.
(3) An individual who seeks to vote in an election as a result of a court order (or any
other order) extending the time established for closing the polls under IC 3-11-8-8.
(b) As required by 52 U.S.C. 21083, a voter who has registered to vote but has not:
(1) presented identification required under 52 U.S.C. 21083 to the poll clerk before
voting in person under IC 3-11-8-25.1; or
(2) filed a copy of the identification required under 52 U.S.C. 21083 to the county voter
registration office before the voter's absentee ballot is cast;
is entitled to vote a provisional ballot under this article.
(c) A precinct election officer shall inform an individual described by subsection (a)(1)
or (a)(2) that the individual may cast a provisional ballot if the individual:
(1) is eligible to vote under IC 3-7-13-1;
(2) submitted a voter registration application during the registration period described
by IC 3-7-13-10; and
(3) executes an affidavit described in IC 3-10-1-9 or IC 3-11-8-23.
(d) A precinct election officer shall inform an individual described by subsection (a)(3)
that the individual may cast a provisional ballot.
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.171; P.L.164-2006,
SEC.121; P.L.219-2013, SEC.61; P.L.128-2015, SEC.201.

IC 3-11.7-2-2 Duties of voter; instructions to voter

Sec. 2. (a) A provisional voter shall do the following:
(1) Execute the affidavit described in IC 3-10-1-9 or IC 3-11-8-23.
(2) Sign the poll list.
(3) Mark the ballot in the presence of no other person, unless the voter requests help
in marking a ballot under IC 3-11-9.
(4) Fold each ballot separately.
(5) Fold each ballot so as to conceal the marking.
(6) Enclose each ballot, with the seal and signature of the circuit court clerk on the
outside, together with any unused ballot, in the envelope provided by the county
election board under IC 3-11.7-1-8.
(7) Securely seal the envelope.
(b) A provisional voter may mark a ballot with a pen or a lead pencil.
(c) This subsection applies to a provisional voter described in section 1(a)(1), 1(a)(2), or
1(a)(3) of this chapter. As provided by 52 U.S.C. 21082, a precinct election officer shall give
the provisional voter a copy of the written instructions prescribed by the county election

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board under IC 3-11.7-6-3 after the voter returns the envelope containing the provisional
voter's ballots.
(d) This subsection applies to a provisional voter described in section 1(a) or 1(b) of this
chapter. In addition to the written instructions required by subsection (c), a precinct election
officer shall provide the provisional voter, both orally and in writing, an explanation of what
actions, if any, the provisional voter must take in order to have the provisional voter's ballot
counted. The election division shall prescribe the form of the explanation required by this
subsection.
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.172; P.L.128-2015,
SEC.202; P.L.157-2019, SEC.36; P.L.193-2021, SEC.76; P.L.115-2022, SEC.11.

IC 3-11.7-2-3 Duties of precinct election board; affidavits and envelopes;

provisional ballots; ballots cast after regular polling hours
Sec. 3. (a) The precinct election board shall affix to the envelope the challenger's affidavit
and the affidavit executed by the provisional voter under section 1 of this chapter.
(b) The form of the envelope is prescribed under IC 3-6-4.1-14. The envelope must
permit a member of a precinct election board to indicate whether the voter has been issued
a provisional ballot as the result of a challenge based on the voter's inability or declination
to provide proof of identification.
(c) Except as provided in subsection (d) and in accordance with 52 U.S.C. 21082, the
precinct election board shall securely keep the sealed envelope, along with the affidavits
affixed to the envelope, in another envelope or container marked "Provisional Ballots".
(d) This subsection applies to the sealed envelope and the affidavits affixed to the
envelope of a provisional voter described in section 1(a)(3) of this chapter. As required by
52 U.S.C. 21082, the precinct election board shall keep the sealed envelope or container
separate from the envelope or container described in subsection (c). The envelope or
container described in this subsection must be labeled "Provisional Ballots Issued After
Regular Poll Closing Hours".
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.173; P.L.109-2005,
SEC.11; P.L.128-2015, SEC.203.

IC 3-11.7-2-4 Handling provisional ballots at close of polls

Sec. 4. As required by 52 U.S.C. 21082, at the close of the polls, the precinct election
board shall do the following:
(1) Seal:
(A) all the provisional ballots; and
(B) any spoiled provisional ballots;
of provisional voters other than provisional voters described in section 1(a)(3) of this
chapter in the container described in section 3(b) of this chapter and mark on the
container the number of provisional ballots contained.
(2) Seal:
(A) all the provisional ballots; and
(B) any spoiled provisional ballots;
of provisional voters described in section 1(a)(3) of this chapter in the container
described in section 1(a)(3) of this chapter and mark on the container the number of
provisional ballots contained.
The inspector shall return the container with all the provisional ballots to the circuit court
clerk after the close of the polls.
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.174; P.L.128-2015,
SEC.204.

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IC 3-11.7-3 Chapter 3. Provisional Ballot Counters

3-11.7-3-1 Appointment of provisional ballot counter teams

3-11.7-3-2 Qualifications for provisional ballot counters
3-11.7-3-3 Recommendation of provisional ballot counters by county chairmen
3-11.7-3-4 Deadline for recommendation by county chairmen
3-11.7-3-5 Failure of county chairman to recommend; appointment of provisional ballot
counters by county election board
3-11.7-3-6 Absentee ballot counters may serve as provisional ballot counters
3-11.7-3-7 Compensation of provisional ballot counters
3-11.7-3-8 Absentee ballot counter, provisional ballot counter not lucrative office

IC 3-11.7-3-1 Appointment of provisional ballot counter teams

Sec. 1. Each county election board shall appoint teams of provisional ballot counters
consisting of two (2) voters of the county, one (1) from each of the two (2) political parties
that have appointed members on the county election board.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-3-2 Qualifications for provisional ballot counters

Sec. 2. An otherwise qualified person is eligible to serve as a counter unless the person:
(1) is unable to read, write, and speak the English language;
(2) has any property bet or wagered on the result of the election;
(3) is a candidate to be voted for at the election in any part of the county, except as an
unopposed candidate for precinct committeeman or state convention delegate; or
(4) is the spouse, parent, father-in-law, mother-in-law, child, son-in-law,
daughter-in-law, grandparent, grandchild, brother, sister, brother-in-law, sister-in-law,
uncle, aunt, nephew, or niece of a candidate or declared write-in candidate to be voted
for at the election in any part of the county, except as an unopposed candidate. This
subdivision disqualifies a person whose relationship to the candidate is the result of
birth, marriage, or adoption.
As added by P.L.126-2002, SEC.87. Amended by P.L.14-2004, SEC.151.

IC 3-11.7-3-3 Recommendation of provisional ballot counters by county

chairmen
Sec. 3. Not later than noon ten (10) days before an election, each county election board
shall notify the county chairmen of the two (2) political parties that have appointed members
on the county election board of the number of teams of counters to be appointed under this
section.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-3-4 Deadline for recommendation by county chairmen

Sec. 4. The county chairmen shall make written recommendations for the appointments
to the county election board not later than noon three (3) days before the election. The county
election board shall make the appointments as recommended.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-3-5 Failure of county chairman to recommend; appointment of

provisional ballot counters by county election board
Sec. 5. If a county chairman fails to make any recommendations not later than the
deadline specified under section 4 of this chapter, the county election board may appoint any
voters of the county who comply with section 2 of this chapter.
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.175; P.L.14-2004,
SEC.152.

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IC 3-11.7-3-6 Absentee ballot counters may serve as provisional ballot
counters
Sec. 6. An individual serving as an absentee ballot counter under IC 3-11.5-4-22 may also
serve as a provisional ballot counter under this chapter.
As added by P.L.126-2002, SEC.87. Amended by P.L.278-2019, SEC.130.

IC 3-11.7-3-7 Compensation of provisional ballot counters

Sec. 7. A provisional ballot counter is entitled to a per diem at a rate set by the county
fiscal body.
As added by P.L.278-2019, SEC.131.

IC 3-11.7-3-8 Absentee ballot counter, provisional ballot counter not

lucrative office
Sec. 8. For purposes of Article 2, Section 9 of the Constitution of the State of Indiana, the
position of absentee ballot counter or provisional ballot counter is not a lucrative office.
As added by P.L.109-2021, SEC.68.

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IC 3-11.7-4 Chapter 4. Watchers for Political Parties, Candidates, and the
Media

3-11.7-4-1 Applicability of statutes governing watchers

3-11.7-4-2 Rights and requirements of watchers appointed by parties or independent
candidates
3-11.7-4-3 Rights and requirements of watchers appointed by candidates
3-11.7-4-4 Rights and requirements of watchers appointed by media

IC 3-11.7-4-1 Applicability of statutes governing watchers

Sec. 1. The following apply for the purposes of IC 3-6-8, IC 3-6-9, and IC 3-6-10:
(1) The location for counting provisional ballots shall be treated the same as a precinct
poll.
(2) A provisional ballot counter shall be treated the same as a precinct election official.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-4-2 Rights and requirements of watchers appointed by parties or

independent candidates
Sec. 2. (a) Political parties or independent candidates described in IC 3-6-8-1 may appoint
watchers at the location for counting provisional ballots.
(b) A watcher appointed under this section:
(1) has the rights; and
(2) must follow the requirements;
set forth in IC 3-6-8.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-4-3 Rights and requirements of watchers appointed by candidates

Sec. 3. (a) A candidate entitled to appoint a watcher under IC 3-6-9 may appoint a
watcher at the location for counting provisional ballots.
(b) A watcher appointed under this section:
(1) has the rights; and
(2) must follow the requirements;
set forth in IC 3-6-9.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-4-4 Rights and requirements of watchers appointed by media

Sec. 4. (a) Media entitled to appoint a watcher under IC 3-6-10 may appoint a watcher
at the location for counting provisional ballots.
(b) A watcher appointed under this section:
(1) has the rights; and
(2) must follow the requirements;
set forth in IC 3-6-10.
As added by P.L.126-2002, SEC.87.

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IC 3-11.7-5 Chapter 5. Counting Provisional Ballots

3-11.7-5-1 Requirements and deadlines for counting ballots

3-11.7-5-1.5 Provisional ballot; counting when ballot made invalid by mistake or
inadvertence of election officer; when election board may determine not to
count
3-11.7-5-1.7 Effect of affidavit evidence on counting provisional ballot
3-11.7-5-2 Criteria for determining validity of ballots
3-11.7-5-2.5 Determining validity of provisional ballot
3-11.7-5-2.7 Determination of validity of provisional ballot; nondisclosure of identifying
information
3-11.7-5-3 Consequence for ballots not satisfying criteria
3-11.7-5-4 Valid ballots; opening and marking
3-11.7-5-5 Ballots rejected; absence of poll clerks' initials
3-11.7-5-6 Repealed
3-11.7-5-7 Counting ballots by laying on table
3-11.7-5-8 Reading names of candidates; ballot questions
3-11.7-5-9 Protest counting of ballots
3-11.7-5-10 Referral of protested ballot to county election board
3-11.7-5-11 Counters signing protested ballots
3-11.7-5-12 Noting whether protested ballot counted
3-11.7-5-13 Separate counting of ballots from other precincts
3-11.7-5-14 Counting of ballots by more than one set of counters
3-11.7-5-15 Counting write-in ballots
3-11.7-5-16 Certificate of provisional vote count
3-11.7-5-17 Entry and memorandum of vote count
3-11.7-5-18 Delivery of certificates and tally papers to county election board
3-11.7-5-19 Securing ballots, certificates, and tally papers; delivery
3-11.7-5-20 Oath of ballot counters
3-11.7-5-21 Filing ballot counters' oaths
3-11.7-5-22 Secure storage of ballots and papers
3-11.7-5-23 Locks on stored ballots and papers
3-11.7-5-24 Time for storage of ballots and papers
3-11.7-5-25 Time for retention of ballots and papers when election contested
3-11.7-5-26 Destruction of stored ballots and papers
3-11.7-5-27 Contract with state educational institution for disposal of ballots
3-11.7-5-28 News media certificate of provisional ballot totals
3-11.7-5-29 Delivery of news media certificate
3-11.7-5-30 Provisional ballot cast by voter registered in county not where provisional
ballot cast; notification of county in which voter is registered

IC 3-11.7-5-1 Requirements and deadlines for counting ballots

Sec. 1. (a) After the close of the polls, provisional ballots shall be counted as provided
in this chapter.
(b) Notwithstanding IC 3-5-4-1.5 and any legal holiday observed under IC 1-1-9, all
provisional ballots must be counted by not later than 3 p.m. ten (10) days following the
election.
As added by P.L.126-2002, SEC.87. Amended by P.L.14-2004, SEC.153; P.L.221-2005,
SEC.56; P.L.164-2006, SEC.122; P.L.225-2011, SEC.75.

IC 3-11.7-5-1.5 Provisional ballot; counting when ballot made invalid by

mistake or inadvertence of election officer; when election
board may determine not to count
Sec. 1.5. (a) Subsection (c) applies to a provisional ballot that the county election board
determines, by a majority vote of its members and in accordance with this title:
(1) has been marked and cast by a voter in compliance with this title; but
(2) may not otherwise be counted solely as the result of the act or failure to act of an
election officer.

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 (b) Subsection (c) does not apply to either of the following:
(1) A provisional ballot cast by an individual who seeks to vote in an election as the
result of a court or other order extending the time established for closing the polls
under IC 3-11-8-8 if the county election board determines or is directed under a court
or other order that all provisional ballots issued after regular poll closing hours are not
to be counted.
(2) A provisional ballot that is required to be rejected by a county election board under
section 2(b) of this chapter as the result of information or lack of information provided
by a voter registration agency.
(c) The sealed envelope containing a provisional ballot described in subsection (a) shall
nevertheless be opened under section 4 of this chapter and the provisional ballot counted
unless evidence of fraud, tampering, or misconduct affecting the integrity of the ballot is
demonstrated. The act or failure to act by an election officer is not by itself evidence of fraud,
tampering, or misconduct affecting the integrity of the ballot.
(d) Notwithstanding subsection (c), if the county election board, by a majority vote of its
members, determines that there is evidence presented to the board demonstrating that the
individual who cast the provisional ballot was ineligible to cast a regular ballot in that
precinct, or evidence has been presented to the board demonstrating any other reason set
forth in HAVA or this title not to count a provisional ballot, the provisional ballot may not
be counted.
(e) This subsection applies to a provisional ballot cast by a voter after the voter was
challenged solely because the voter was unable or declined to provide proof of identification
and not for any other reason. If the voter later complies with the requirements of this title for
proof of identification, the provisional ballot cast by the voter shall be counted in accordance
with sections 2 and 2.5 of this chapter.
As added by P.L.221-2005, SEC.99. Amended by P.L.164-2006, SEC.123; P.L.278-2019,
SEC.132.

IC 3-11.7-5-1.7 Effect of affidavit evidence on counting provisional ballot

Sec. 1.7. (a) This section does not apply to a provisional ballot cast by a voter for any of
the following reasons:
(1) The provisional ballot was cast by the voter under a court order extending the hours
that the polls were open.
(2) The provisional ballot was cast by a voter who is not on the poll list who indicates
that the voter applied to register at a voter registration agency.
(3) The provisional ballot was cast by the voter after the voter was challenged solely
due to the voter being unable or declining to provide proof of identification.
(4) The provisional ballot was cast by the voter after the voter was challenged solely
due to the voter's failure to provide additional documentation.
(b) If the only evidence before the county election board on the question of counting of
the provisional ballot cast by the voter is:
(1) the affidavit of the voter who cast the provisional ballot; and
(2) the affidavit of a challenger challenging the voter who cast the provisional ballot;
the provisional ballot shall be counted if the individual is a registered voter of that precinct.
As added by P.L.278-2019, SEC.133. Amended by P.L.141-2020, SEC.14; P.L.193-2021,
SEC.77.

IC 3-11.7-5-2 Criteria for determining validity of ballots

Sec. 2. (a) Except as provided in section 5 of this chapter, if the county election board
determines that all the following apply, a provisional ballot is valid and shall be counted
under this chapter:
(1) The affidavit executed by the provisional voter under IC 3-11.7-2-1 is properly
executed.

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 (2) The provisional voter is a qualified voter of the precinct and has provided proof of
identification, if required, under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26.
(3) Based on all the information available to the county election board, including:
(A) information provided by the provisional voter;
(B) information contained in the county's voter registration records; and
(C) information contained in the statewide voter registration file;
the provisional voter registered to vote at a registration agency under this article on a
date within the registration period.
(b) If the provisional voter has provided information regarding the registration agency
where the provisional voter registered to vote, the board shall promptly make an inquiry to
the agency regarding the alleged registration. The agency shall respond to the board not later
than noon of the first Friday after the election, indicating whether the agency's records
contain any information regarding the registration. If the agency does not respond to the
board's inquiry, or if the agency responds that the agency has no record of the alleged
registration, the board shall reject the provisional ballot. The board shall endorse the ballot
with the word "Rejected" and document on the ballot the inquiry and response, if any, by the
agency.
(c) Except as provided in section 5 of this chapter, a provisional ballot cast by a voter
described in IC 3-11.7-2-1(b) is valid and shall be counted if the county election board
determines under this article that the voter filed the documentation required under
IC 3-7-33-4.5 and 52 U.S.C. 21083 with the county voter registration office not later than the
closing of the polls on election day.
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.176; P.L.109-2005,
SEC.12; P.L.103-2005, SEC.15; P.L.128-2015, SEC.205.

IC 3-11.7-5-2.5 Determining validity of provisional ballot

Sec. 2.5. (a) A voter who:
(1) was challenged under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26 as a result of the
voter's inability or declination to provide proof of identification; and
(2) cast a provisional ballot;
may personally appear before the circuit court clerk or the county election board not later
than noon ten (10) days following the election.
(b) Except as provided in subsection (c) or (e), if the voter:
(1) provides proof of identification to the circuit court clerk or county election board;
and
(2) executes an affidavit before the clerk or board, in the form prescribed by the
election division, affirming under the penalties of perjury that the voter is the same
individual who:
(A) personally appeared before the precinct election board; and
(B) cast the provisional ballot on election day;
the county election board shall find that the voter's provisional ballot is valid and direct that
the provisional ballot be opened under section 4 of this chapter and processed in accordance
with this chapter.
(c) If the voter executes an affidavit before the circuit court clerk or county election
board, in the form prescribed by the election division, affirming under the penalties of perjury
that:
(1) the voter is the same individual who:
(A) personally appeared before the precinct election board or absentee board; and
(B) cast the provisional ballot on election day; and
(2) the voter:
(A) is:
(i) indigent; and
(ii) unable to obtain proof of identification without the payment of a fee; or

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 (B) has a religious objection to being photographed;
the county election board shall determine whether the voter has been challenged for any
reason other than the voter's inability or declination to present proof of identification to the
precinct election board or absentee board.
(d) If the county election board determines that the voter described in subsection (c) has
been challenged solely for the inability or declination of the voter to provide proof of
identification, the county election board shall:
(1) find that the voter's provisional ballot is valid; and
(2) direct that the provisional ballot be:
(A) opened under section 4 of this chapter; and
(B) processed in accordance with this chapter.
(e) If the county election board determines that a voter described in subsection (b) or (c)
has been challenged for a cause other than the voter's inability or declination to provide proof
of identification, the board shall:
(1) note on the envelope containing the provisional ballot that the voter has complied
with the proof of identification requirement; and
(2) proceed to determine the validity of the remaining challenges set forth in the
challenge affidavit before ruling on the validity of the voter's provisional ballot.
(f) If a voter described by subsection (a) fails by the deadline for counting provisional
ballots referenced in subsection (a) to:
(1) appear before the county election board; and
(2) execute an affidavit in the manner prescribed by subsection (b) or (c);
the county election board shall find that the voter's provisional ballot is invalid.
As added by P.L.109-2005, SEC.13. Amended by P.L.103-2005, SEC.16; P.L.225-2011,
SEC.76; P.L.169-2015, SEC.147; P.L.157-2019, SEC.37.

IC 3-11.7-5-2.7 Determination of validity of provisional ballot; nondisclosure

of identifying information
Sec. 2.7. During the county election board's consideration of the validity of a provisional
ballot, the board shall not publicly identify the individual who cast the ballot by name or any
identifying number, but shall refer to the ballot in terms sufficient to preserve the record
regarding the board's determination regarding the validity of the provisional ballot.
As added by P.L.64-2014, SEC.66.

IC 3-11.7-5-3 Consequence for ballots not satisfying criteria

Sec. 3. (a) If the board determines that the affidavit executed by the provisional voter has
not been properly executed, that the provisional voter is not a qualified voter of the precinct,
that the voter failed to provide proof of identification when required under IC 3-10-1,
IC 3-11-8, or IC 3-11-10-26, or that the provisional voter did not register to vote at a
registration agency under this article on a date within the registration period, the board shall
make the following findings:
(1) The provisional ballot is invalid.
(2) The provisional ballot may not be counted.
(3) The provisional ballot envelope containing the ballots cast by the provisional voter
may not be opened.
(b) If the county election board determines that a provisional ballot is invalid, a notation
shall be made on the provisional ballot envelope: "Provisional ballot determined invalid".
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.177; P.L.109-2005,
SEC.14; P.L.103-2005, SEC.17.

IC 3-11.7-5-4 Valid ballots; opening and marking

Sec. 4. If the board determines that a provisional ballot is valid under section 2 of this
chapter, the provisional ballot envelope shall be opened. The outside of each provisional

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ballot shall also be marked to identify the precinct and the date of the election of the ballots.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-5 Ballots rejected; absence of poll clerks' initials

Sec. 5. (a) If any ballot cast by a provisional voter does not contain the initials of the poll
clerks, the ballot shall, without being unfolded to disclose how the ballot is marked, be
endorsed with the word "Rejected".
(b) All rejected provisional ballots shall be enclosed and securely sealed in an envelope
on which is written "Rejected provisional ballots.".
As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-6 Repealed
As added by P.L.126-2002, SEC.87. Repealed by P.L.230-2005, SEC.91.

IC 3-11.7-5-7 Counting ballots by laying on table

Sec. 7. The provisional ballots shall be counted by laying each ballot upon a table in the
order in which the ballots were opened.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-8 Reading names of candidates; ballot questions

Sec. 8. (a) During the counting of the ballots, one (1) counter shall read the name of the
candidates and ballot questions voted for from the ballots.
(b) A:
(1) member of the county election board who is not a member of the same political
party as the counter; or
(2) representative designated by the member;
shall view the ballots as the names and ballot questions are read.
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.178.

IC 3-11.7-5-9 Protest counting of ballots

Sec. 9. During the counting of the ballots:
(1) the counter counting the ballots;
(2) a member of the county election board; or
(3) a representative designated by the member;
may protest the counting of any ballot or any part of a ballot.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-10 Referral of protested ballot to county election board

Sec. 10. If the counters cannot agree whether to count a ballot following a protest under
section 9 of this chapter, the question shall be referred to the county election board for a
decision.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-11 Counters signing protested ballots

Sec. 11. Following a decision by the counters or the county election board, the counters
shall sign each protested ballot.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-12 Noting whether protested ballot counted

Sec. 12. If a ballot or any part of a ballot is protested and the protest is resolved, the
counter immediately shall write on the back of the protested ballot the word "counted" or
"not counted", as appropriate.
As added by P.L.126-2002, SEC.87.

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IC 3-11.7-5-13 Separate counting of ballots from other precincts
Sec. 13. A counter may not count provisional ballots for a precinct under this chapter
while counting provisional ballots for any other precinct.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-14 Counting of ballots by more than one set of counters

Sec. 14. (a) This section applies if at least two (2) sets of counters in a county are
counting provisional ballots under this chapter.
(b) A set of counters may count provisional ballots from a precinct while another set of
counters is counting provisional ballots from another precinct in the county if each set of
counters counts the ballots in compliance with section 8 of this chapter.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-15 Counting write-in ballots

Sec. 15. (a) This section applies to the counting of write-in provisional ballots.
(b) If a voter writes an abbreviation, a misspelling, or other minor variation instead of the
correct name of a candidate or political party, that vote shall be counted if the intent of the
voter can be determined.
(c) If a voter casts a ballot under this section for President or Vice President of the United
States and writes in the name of a candidate or political party that has not certified a list of
presidential electors and alternate presidential electors under IC 3-10-4-5, the vote for
President or Vice President of the United States is void. The remaining votes on the ballot
may be counted.
(d) IC 3-12-1-7 applies to write-in provisional ballots.
As added by P.L.126-2002, SEC.87. Amended by P.L.201-2017, SEC.35.

IC 3-11.7-5-16 Certificate of provisional vote count

Sec. 16. When all the votes have been counted, the counters shall prepare a certificate
stating the number of votes that each candidate received for each office and the number of
votes cast on each public question.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-17 Entry and memorandum of vote count

Sec. 17. The number of votes that each candidate and public question received shall be
written in words and numbers. The counters shall prepare a memorandum of the total votes
cast for each candidate and on each public question and ensure that each member of the
county election board receives a copy of the memorandum.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-18 Delivery of certificates and tally papers to county election

board
Sec. 18. The counters shall deliver the certificates prepared under section 16 of this
chapter and the tally papers to the county election board immediately upon the tabulation of
the vote in each precinct.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-19 Securing ballots, certificates, and tally papers; delivery

Sec. 19. As soon as the ballots have been counted, the counters shall do the following in
the presence of the county election board:
(1) Place in a strong paper envelope or bag the following:
(A) All provisional ballots, voted and spoiled.
(B) All provisional ballots:
(i) determined invalid under section 3 of this chapter; or

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 (ii) rejected under section 5 of this chapter.
(C) All protested and uncounted provisional ballots.
(D) All provisional ballot envelopes.
(E) All executed affidavits relating to the provisional ballots.
(F) The tally papers.
(2) Securely seal the envelope or bag.
(3) Have both counters initial the envelope or bag.
(4) Plainly mark on the outside of the envelope or bag in ink the precinct in which the
provisional ballots were cast.
(5) Deliver the envelope or bag to the circuit court clerk.
(6) Notify the circuit court clerk of the number of ballots placed in the envelope or bag.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-20 Oath of ballot counters

Sec. 20. Upon delivery of the envelope or bag to the circuit court clerk, each counter shall
take and subscribe an oath before the clerk stating that the counter:
(1) securely kept the ballots and papers in the envelope or bag;
(2) did not permit any person to open the envelope or bag or to otherwise touch or
tamper with the ballots; and
(3) has no knowledge of any other person opening the envelope or bag.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-21 Filing ballot counters' oaths

Sec. 21. The circuit court clerk shall file the oath taken under section 20 of this chapter
with the clerk's other election documents.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-22 Secure storage of ballots and papers

Sec. 22. The circuit court clerk shall place the envelope or bag in a receptacle provided
by the county executive with two (2) different locks.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-23 Locks on stored ballots and papers

Sec. 23. The circuit court clerk shall do the following:
(1) Lock the receptacle provided under section 22 of this chapter.
(2) Retain one (1) key to one (1) lock of the receptacle.
(3) Give one (1) key to the other lock of the receptacle to the member of the county
election board who is not a member of the same political party as the clerk.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-24 Time for storage of ballots and papers

Sec. 24. The circuit court clerk shall preserve the receptacle containing the envelope or
bag in the clerk's office for the period required under IC 3-10-1-31.1.
As added by P.L.126-2002, SEC.87. Amended by P.L.14-2004, SEC.154; P.L.193-2021,
SEC.78.

IC 3-11.7-5-25 Time for retention of ballots and papers when election

contested
Sec. 25. If the election is contested, the clerk shall preserve the receptacle containing the
envelope or bag as long as the contest is undetermined. During that period, the clerk shall
keep the receptacle securely locked, subject only to an order of the court trying a contest.
As added by P.L.126-2002, SEC.87.

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IC 3-11.7-5-26 Destruction of stored ballots and papers
Sec. 26. When permitted under IC 3-10-1-31.1, the clerk and a county election board
member of the opposite political party shall remove the envelope or bag from the receptacle
and destroy the envelope or bag.
As added by P.L.126-2002, SEC.87. Amended by P.L.14-2004, SEC.155; P.L.193-2021,
SEC.79.

IC 3-11.7-5-27 Contract with state educational institution for disposal of

ballots
Sec. 27. A county election board may contract with a state educational institution to
dispose of the ballots. The contract must provide that:
(1) the ballots will be used by the state educational institution to conduct election
research; and
(2) the state educational institution may not receive any ballots under this section until
the period for retention under IC 3-10-1-31.1 has expired.
As added by P.L.126-2002, SEC.87. Amended by P.L.14-2004, SEC.156; P.L.2-2007,
SEC.14; P.L.193-2021, SEC.80.

IC 3-11.7-5-28 News media certificate of provisional ballot totals

Sec. 28. Immediately upon completion of the vote count, the counters shall make and sign
a certificate for the news media showing the total number of provisional ballot votes received
by each candidate and on each public question in the precinct.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-29 Delivery of news media certificate

Sec. 29. The counters shall deliver the certificate to the circuit court clerk as soon as the
certificate is completed. The circuit court clerk shall deliver the certificate made for the news
media to any person designated to receive the certificate by the editors of the newspapers
published in the county or by the managers of the radio and television stations operating in
the county immediately upon the completion of the certificate, but not before the closing of
the polls.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-5-30 Provisional ballot cast by voter registered in county not where

provisional ballot cast; notification of county in which voter is
registered
Sec. 30. (a) This section applies to a provisional ballot that the county election board
determines was cast by an individual who is registered to vote in an Indiana county other than
the county in which the provisional ballot was cast.
(b) The county election board shall do both of the following:
(1) Notify the county election board of the county in which the individual is registered
to vote of the determination made under subsection (a).
(2) Transmit a copy of the challenge affidavits executed under this article to the county
voter registration office of the county in which the individual is registered to vote.
As added by P.L.278-2019, SEC.134.

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IC 3-11.7-6 Chapter 6. Additional Provisions Relating to Provisional
Ballots

3-11.7-6-1 Canvassing returns

3-11.7-6-2 Recounts; precinct of voter residence
3-11.7-6-3 Establishment of free access system for provisional voter to determine whether
vote is counted; entry of information into computerized list; access of
information by individual; confidentiality; written instructions
3-11.7-6-4 Repealed

IC 3-11.7-6-1 Canvassing returns

Sec. 1. (a) Provisional ballot counters shall conduct the activities conducted by precinct
election officials under IC 3-12-4.
(b) The returns of provisional ballot counters shall be treated the same as the returns of
a precinct election board under IC 3-12-4.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-6-2 Recounts; precinct of voter residence

Sec. 2. A provisional ballot is considered to be cast in the precinct in which the voter who
cast the ballot resides for the purpose of the following:
(1) IC 3-12-6.
(2) IC 3-12-11.
(3) IC 3-12-12.
As added by P.L.126-2002, SEC.87.

IC 3-11.7-6-3 Establishment of free access system for provisional voter to

determine whether vote is counted; entry of information into
computerized list; access of information by individual;
confidentiality; written instructions
Sec. 3. (a) As required by 52 U.S.C. 21082, a county election board shall establish a free
access system such as a toll-free telephone number or an Internet web site that enables a
provisional voter to determine:
(1) whether the individual's provisional ballot was counted; and
(2) if the provisional ballot was not counted, the reason the provisional ballot was not
counted.
A county election board may use a module of the computerized list under IC 3-7-26.3 to
comply with this subsection.
(b) The county election board shall enter the following into the computerized list:
(1) The name of the individual.
(2) The address of the individual.
(3) The day and time the county election board will meet to determine the validity of
a provisional ballot under IC 3-11.7-5.
(4) Whether the individual's provisional ballot was counted.
(5) If the individual's provisional ballot was not counted, the reason the provisional
ballot was not counted.
An individual who casts a provisional ballot may access the information described in this
subsection pertaining to the provisional ballot of the individual through a module of the
computerized list under IC 3-7-26.3.
(c) Not later than the earlier of:
(1) twenty-four (24) hours before the date the county election board meets under
IC 3-11.7-5 to determine the validity of a provisional ballot cast by an individual; or
(2) three (3) days after the election;
the provisional ballot information described in subsection (b)(1) through (b)(3) must be

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entered to the computerized list. The provisional ballot information described in subsection
(b)(4) and (b)(5) must be entered into the computerized list not later than the date the county
election board certifies the election results of the county under IC 3-12-4-9.
(d) As required by 52 U.S.C. 21082, the county election board shall establish and
maintain reasonable procedures to protect the security, confidentiality, and integrity of
personal information collected, stored, or otherwise used on the free access system
established by the board under subsection (a).
(e) As required by 52 U.S.C. 21082, the county election board shall restrict access to the
free access system established under subsection (a) to the individual voter who cast the
provisional ballot. This subsection does not restrict access to election materials available
under IC 3-10-1-31.1.
(f) The county election board shall prescribe written instructions to inform a provisional
voter how the provisional voter can determine whether the provisional voter's ballot has been
counted.
As added by P.L.209-2003, SEC.179. Amended by P.L.141-2011, SEC.2; P.L.64-2014,
SEC.67; P.L.128-2015, SEC.206; P.L.278-2019, SEC.135; P.L.115-2022, SEC.12.

IC 3-11.7-6-4 Repealed
As added by P.L.193-2021, SEC.81. Repealed by P.L.115-2022, SEC.13.

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IC 3-11.7-7 Chapter 7. Standards for Issuing an Order Extending the Hour
for the Closing of the Polls

3-11.7-7-1 Application of chapter

3-11.7-7-2 Only county election board has standing in action for seeking order to extend
closing of polls; unanimous vote
3-11.7-7-3 Issuance of order to extend closing of polls; evidence and findings required
3-11.7-7-4 Order to extend closing of polls; limitations
3-11.7-7-5 Appeal of denial of order to Indiana supreme court

IC 3-11.7-7-1 Application of chapter

Sec. 1. This chapter applies to any order described by 52 U.S.C. 21082(c) to extend the
hour for the closing of the polls fixed by IC 3-11-8-8.
As added by P.L.278-2019, SEC.136.

IC 3-11.7-7-2 Only county election board has standing in action for seeking
order to extend closing of polls; unanimous vote
Sec. 2. (a) Only a county election board has standing in an Indiana court or with any other
state governmental entity to file an action or petition to request the extension of the hour for
closing the polls by the court or entity.
(b) The county election board may only file an action or petition under this section upon
the unanimous vote of the entire membership of the board.
As added by P.L.278-2019, SEC.136.

IC 3-11.7-7-3 Issuance of order to extend closing of polls; evidence and

findings required
Sec. 3. (a) Before issuing an order under this chapter, the court or entity must take
evidence and make the following findings:
(1) The polls were substantially delayed in opening at the time fixed by IC 3-11-8-8.
(2) The specific precincts or vote centers in which substantial delays occurred.
(3) If a poll closed at any time during the hours specified by IC 3-11-8-8, how long the
polls were closed and in which precincts and vote centers the closing occurred.
(4) Substantial evidence exists that voters were prevented from casting a ballot due to
a delay or closure of the polls during the hours specified by IC 3-11-8-8.
(5) The actual harm determined can only be ameliorated by the extension of polling
hours.
(6) The county election board filed written notice with the secretary of state and the
election division indicating that the county election board:
(A) filed the action or petition with the court to extend hours; and
(B) received confirmation from the court of the receipt of the filings.
(b) If the court is unable to make the applicable findings regarding a delay in opening or
a subsequent closure of the polls described in subsection (a), the court shall not issue an order
extending the polling hours specified under IC 3-11-8-8.
As added by P.L.278-2019, SEC.136. Amended by P.L.141-2020, SEC.15.

IC 3-11.7-7-4 Order to extend closing of polls; limitations

Sec. 4. If the court or state governmental entity determines that an order extending the
hour for the closing of the polls is to be issued, the court or entity must:
(1) limit the extension only to those polls whose opening was delayed or which closed
during the hours set forth in IC 3-11-8-8; and
(2) extend the hours for the polls at the precinct or vote center for a period of time not
more than the time that the polls were closed during the hours set forth in IC 3-11-8-8.
As added by P.L.278-2019, SEC.136.

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IC 3-11.7-7-5 Appeal of denial of order to Indiana supreme court
Sec. 5. (a) The county election board may appeal any denial of an order extending the
hour for closing the polls issued under this section to the Indiana supreme court under the
same terms, conditions, and standards that govern appeals in ordinary civil actions affecting
substantial public questions.
(b) An assignment of errors that the court or state governmental entity's final action is
contrary to law is sufficient to present both:
(1) the sufficiency of the facts found to sustain the court or state governmental entity's
action; and
(2) the sufficiency of the evidence to sustain the findings of fact upon which the court
or state governmental entity's action was rendered.
As added by P.L.278-2019, SEC.136.

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IC 3-12 ARTICLE 12. ASCERTAINING RESULTS OF ELECTIONS

Ch. 1. Rules for Counting Ballots

Ch. 2. Counting of Paper Ballot Votes
Ch. 2.5. Repealed
Ch. 3. Counting Ballot Card Votes
Ch. 3.5. Counting of Electronic Voting System Votes
Ch. 4. Canvassing Returns by County Election Board
Ch. 5. Certificates of Election and Commissions
Ch. 6. Recount Procedures for Nomination for and Election to Local and School
Board Offices
Ch. 7. Repealed
Ch. 8. Contest Procedures for Nomination for or Election to Local or School Board
Offices
Ch. 9. Resolving Tie Votes
Ch. 10. State Recount Commission
Ch. 11. Recount and Contest Procedures for Presidential Primary Elections and
Nomination for and Election to Federal, State, and Legislative Offices
Ch. 12. Recount Procedures for Public Questions
Ch. 13. Risk-Limiting Audits
Ch. 14. Election Procedure Audits

IC 3-12-1 Chapter 1. Rules for Counting Ballots

3-12-1-1 Intent of voter primary factor to consider in determining voter's choice on

ballot
3-12-1-1.2 Chapter establishes standards to define vote
3-12-1-1.5 "Election officer" defined
3-12-1-1.7 Write-in votes
3-12-1-2 Ballot void if not properly endorsed; not applicable to absentee ballots
3-12-1-3 Ballot void if it bears distinguishing mark or mutilation
3-12-1-4 Ballot void for extrinsic act; erasures
3-12-1-5 Counting voting marks
3-12-1-6 Voting mark on or in voting square; public questions
3-12-1-7 Straight party ticket voting; counting multiple votes
3-12-1-7.5 Counting write-in votes
3-12-1-8 Voting mark on political party device circle; individual votes required for
candidates for at-large districts
3-12-1-9 Counting voting marks; voting marks not counted; certification of voting
systems that can detect voting marks
3-12-1-9.5 Remake of damaged or defective ballot card; conditions
3-12-1-10 Void ballot
3-12-1-11 Primary election; application of chapter
3-12-1-12 Application to votes cast by any method; counting vote made invalid by
mistake or inadvertence of election officer
3-12-1-13 Absentee ballots; necessary endorsements
3-12-1-14 Counting of vote cast for candidate who ceases to be candidate
3-12-1-15 Counting straight party vote for successor candidate; exceptions
3-12-1-16 Vote cast for former candidate
3-12-1-17 Absentee ballot received from overseas voter by mail; arrival time; when to
count
3-12-1-18 Federal write-in absentee ballot cast in primary election by absent uniformed
services voter or overseas voter; voter actions that void ballot
3-12-1-19 Federal write-in absentee ballot cast in general, municipal, or special election
by absent uniformed services voter or overseas voter; counting votes

IC 3-12-1-1 Intent of voter primary factor to consider in determining

voter's choice on ballot
Sec. 1. Subject to sections 5, 6, 7, 8, 9, 9.5, and 13 of this chapter, the primary factor to
be considered in determining a voter's choice on a ballot is the intent of the voter. If the

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voter's intent can be determined on the ballot or on part of the ballot, the vote shall be
counted for the affected candidate or candidates or on the public question. However, if it is
impossible to determine a voter's choice of candidates on a part of a ballot or vote on a public
question, then the voter's vote concerning those candidates or public questions may not be
counted.
[Pre-1986 Recodification Citations: 3-1-25-1(a) part; 3-1-25-18(g).]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.328; P.L.64-2014, SEC.68.

IC 3-12-1-1.2 Chapter establishes standards to define vote

Sec. 1.2. (a) This chapter is enacted to comply with 52 U.S.C. 21081 by establishing
uniform and nondiscriminatory standards to define what will be counted as a vote on a paper
ballot, optical scan voting system, or electronic voting system.
(b) The standards in this chapter apply to counting votes on every voting system, except
where specific standards applicable only:
(1) to a type of voting system are provided under IC 3-12-2, IC 3-12-3, or IC 3-12-3.5;
and
(2) in a recount or contest proceeding are provided under IC 3-12-6, IC 3-12-8,
IC 3-12-11, or IC 3-12-12.
As added by P.L.209-2003, SEC.180. Amended by P.L.128-2015, SEC.207.

IC 3-12-1-1.5 "Election officer" defined

Sec. 1.5. As used in this chapter, "election officer" means a person employed or appointed
by the state, a political subdivision, or a political party to perform a duty under this title.
As added by P.L.3-1987, SEC.329.

IC 3-12-1-1.7 Write-in votes

Sec. 1.7. (a) The following provisions govern the counting of write-in votes:
(1) Except as provided in subsection (b), only votes cast for declared write-in
candidates shall be counted and certified.
(2) The name of a candidate, written on the space reserved for write-in voting, is not
considered a distinguishing mark that would invalidate a ballot under section 3 of this
chapter. However, the name or office of a candidate written in a place on the ballot
other than the place reserved for write-in voting may not be counted for that office.
(3) A write-in vote for an office is void if the voter attempts to cast the vote by a means
other than printing the name of the candidate in ink or lead pencil. The use of stickers,
labels, rubber stamps, or other similar device is not permitted.
(4) An abbreviation, a misspelling, or other minor variation in the form of the name of
a candidate or an office shall be disregarded in determining the validity of the ballot if
the intention of the voter can be ascertained.
(5) Write-in votes for each write-in candidate shall be counted separately using the tally
sheets provided by the county election board.
(6) This subdivision applies to a voter who casts a ballot for:
(A) an individual who is a candidate for President of the United States;
(B) an individual who is a candidate for Vice President of the United States; or
(C) both individuals who are candidates for President of the United States and Vice
President of the United States.
A ballot cast as described in this subdivision is considered to be cast for the presidential
electors and alternate presidential electors pledged to support the ticket of candidates
for President and Vice President printed on the regular official ballot.
(7) This subdivision applies to a voter who casts a ballot for:
(A) an individual who is a candidate for governor;
(B) an individual who is a candidate for lieutenant governor; or
(C) both individuals who are candidates for governor and lieutenant governor.

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 A ballot cast as described in this subdivision is considered to be cast for both
individuals who are candidates for governor and lieutenant governor of Indiana who
are printed on the regular official ballot.
(b) This subsection does not apply to an office for which more than one (1) individual
may be nominated or elected within the same election district. A write-in vote cast for an
individual whose name appears on the ballot as a candidate for that office shall be counted
as a vote for the candidate.
As added by P.L.4-1991, SEC.110. Amended by P.L.3-1993, SEC.177; P.L.3-1997,
SEC.338; P.L.193-2021, SEC.82.

IC 3-12-1-2 Ballot void if not properly endorsed; not applicable to absentee

ballots
Sec. 2. (a) This section does not apply to absentee ballots.
(b) The whole ballot may not be counted, subject to section 12 of this chapter, if the ballot
is not endorsed or printed with the initials of the poll clerks in accordance with state law.
[Pre-1986 Recodification Citation: 3-1-25-1(a) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.330; P.L.55-2014, SEC.10.

IC 3-12-1-3 Ballot void if it bears distinguishing mark or mutilation

Sec. 3. The whole ballot is void if the ballot bears any distinguishing mark (other than a
voting mark) or a mutilation made by the voter or an election officer with the intent to enable
a person to determine who cast the marked or mutilated ballot.
[Pre-1986 Recodification Citations: 3-1-25-1(a) part; 3-1-28-8 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.331.

IC 3-12-1-4 Ballot void for extrinsic act; erasures

Sec. 4. (a) The whole ballot is void if a voter does any act extrinsic to the ballot, such as
enclosing any paper or other article in the folded ballot, with the intent to enable a person to
determine that the voter cast the ballot.
(b) An erasure by a voter does not make the whole ballot void unless made with the intent
to enable a person to determine who cast the ballot, but it does not register a vote for the
elected office, political party office, or public question for which it is made.
[Pre-1986 Recodification Citations: 3-1-25-1(a) part; 3-1-25-18(a) part; 3-1-28-8 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.34; P.L.3-1987, SEC.332.

IC 3-12-1-5 Counting voting marks

Sec. 5. (a) This subsection does not apply to a ballot card voting system or an electronic
voting system. Except as provided in subsection (d), a voting mark made by a voter on or in
a voting square at the left of a candidate's name or political party's name shall be counted as
a vote for the candidate or candidates of the political party.
(b) This subsection applies to a ballot card voting system. A voting mark made by a voter:
(1) on or in a circle, oval, or square; or
(2) to connect a connectable arrow;
immediately below or beside a candidate's name or political party's name shall be counted
as a vote for the candidate or candidates of the political party, except as provided in
subsection (d).
(c) This subsection applies to a direct record electronic voting system. A voting mark
made by a voter touching a touch sensitive point or button below or beside a candidate's
name or political party's name shall be counted as a vote for the candidate or candidates of
the political party, except as provided in subsection (d).
(d) A voter who wishes to cast a ballot for a candidate for election to an at-large district
to which more than one (1) person may be elected on a:
(1) county council;

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 (2) city common council;
(3) town council; or
(4) township board;
must make a voting mark for each individual candidate for whom the voter wishes to cast a
vote. A straight ticket voting mark on a paper ballot, ballot card voting system, or electronic
voting system shall not be counted as a straight party ticket voting mark as a vote for any
candidate for an office described by this subsection.
[Pre-1986 Recodification Citation: 3-1-25-18(b).]
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.35; P.L.219-2013, SEC.62;
P.L.21-2016, SEC.22; P.L.278-2019, SEC.137.

IC 3-12-1-6 Voting mark on or in voting square; public questions

Sec. 6. A voting mark made by a voter on or in a voting square following the word "Yes"
or the word "No" before a public question shall be counted as indicated.
[Pre-1986 Recodification Citation: 3-1-25-18(c).]
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.36.

IC 3-12-1-7 Straight party ticket voting; counting multiple votes

Sec. 7. (a) This subsection applies whenever a voter:
(1) votes a straight party ticket; and
(2) votes only for one (1) or more individual candidates who are all of the same
political party as the straight ticket vote.
Except as provided in subsection (d) or (e), the straight ticket vote shall be counted and the
individual candidate votes may not be counted.
(b) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of one (1) political party;
(2) only one (1) person may be elected to an office; and
(3) the voter has voted for one (1) individual candidate for the office described in
subdivision (2) who is:
(A) a candidate of a political party other than the party for which the voter voted a
straight ticket; or
(B) an independent candidate or declared write-in candidate for the office.
If the voter has voted for one (1) individual candidate for the office described in subdivision
(2), the individual candidate vote for that office shall be counted, the straight party ticket vote
for that office may not be counted, and the straight party ticket votes for other offices on the
ballot shall be counted.
(c) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of one (1) political party;
and
(2) the voter has voted for more individual candidates for the office than the number
of persons to be elected to that office.
The individual candidate votes for that office may not be counted, the straight party ticket
vote for that office may not be counted, and the straight party ticket votes for other offices
on the ballot shall be counted.
(d) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of one (1) political party;
(2) more than one (1) person may be elected to an office; and
(3) the voter has voted for individual candidates for the office described in subdivision
(2) who are:
(A) independent candidates or declared write-in candidates;
(B) candidates of a political party other than the political party for which the voter
cast a straight party ticket under subdivision (1); or
(C) a combination of candidates described in clauses (A) and (B).

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The individual votes cast by the voter for the office for the independent candidates, declared
write-in candidates, and the candidates of a political party other than the political party for
which the voter cast a straight party ticket shall be counted unless the total number of these
individual votes is greater than the number of persons to be elected to the office. The straight
party ticket votes for the office shall not be counted. The straight party ticket votes for other
offices on the voter's ballot shall be counted.
(e) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of one (1) political party;
(2) more than one (1) person may be elected to an office; and
(3) the voter has voted for individual candidates for the office described in subdivision
(2) who are:
(A) independent candidates, declared write-in candidates, or candidates of a political
party other than the political party for which the voter cast a straight party ticket
under subdivision (1); and
(B) candidates of the same political party for which the voter cast a straight party
ticket under subdivision (1).
The individual votes cast by the voter for the office for the independent candidates, the
declared write-in candidates, and the candidates of a political party other than the political
party for which the voter cast a straight party ticket, and the candidates of the political party
for which the voter cast a straight party ticket shall be counted unless the total number of
these individual votes is greater than the number of persons to be elected to the office. The
straight party ticket votes for the office shall not be counted. The straight party ticket votes
for other offices on the voter's ballot shall be counted.
(f) If a voter votes a straight party ticket for more than one (1) political party, the whole
ballot is void with regard to all candidates nominated by a political party, declared write-in
candidates, or candidates designated as independent candidates on the ballot. However, the
voter's vote for a school board candidate or on a public question shall be counted if otherwise
valid under this chapter.
(g) If a voter does not vote a straight party ticket and the number of votes cast by that
voter for the candidates for an office are less than or equal to the number of openings for that
office, the individual candidates votes shall be counted.
(h) If a voter does not vote a straight party ticket and the number of votes cast by that
voter for an office exceeds the number of openings for that office, none of the votes
concerning that office may be counted.
[Pre-1986 Recodification Citation: 3-1-25-18(d).]
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.37; P.L.3-1993, SEC.178;
P.L.3-1997, SEC.339; P.L.164-2006, SEC.124; P.L.21-2016, SEC.23.

IC 3-12-1-7.5 Counting write-in votes

Sec. 7.5. (a) If a voter votes for one (1) individual candidate for an office for which only
one (1) person may be elected and also writes in the name of another candidate for the same
office, neither vote may be counted.
(b) If a voter votes for at least one (1) individual candidate for an office for which at least
two (2) people may be elected and also writes in the name of at least one (1) candidate, the
vote for that office may not be counted unless the number of individual votes cast for the
office, when added to the number of write-in votes cast for that office, is less than or equal
to the number of seats available for that office.
(c) If a voter votes an individual or a straight party vote for a candidate for an office and
also writes in the name of the same candidate for the same office, only one (1) vote for that
candidate may be counted.
As added by P.L.4-1991, SEC.111. Amended by P.L.21-2016, SEC.24.

IC 3-12-1-8 Voting mark on political party device circle; individual votes

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 required for candidates for at-large districts
Sec. 8. (a) Except as provided in subsection (b), a voting mark made by a voter on or in
a circle containing a political party device shall be counted as a vote for each candidate of
that political party on that ballot.
(b) A voter who wishes to cast a ballot for a candidate for election to an at-large district
to which more than one (1) person may be elected on a:
(1) county council;
(2) city common council;
(3) town council; or
(4) township board;
must make a voting mark for each individual candidate for whom the voter wishes to cast a
vote. A voting mark on or in a circle containing a political party device shall not be counted
as a straight party ticket voting mark as a vote for any candidate for an office described by
this subsection.
[Pre-1986 Recodification Citation: 3-1-25-18(e).]
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.38; P.L.3-1987, SEC.333;
P.L.21-2016, SEC.25; P.L.278-2019, SEC.138.

IC 3-12-1-9 Counting voting marks; voting marks not counted;

certification of voting systems that can detect voting marks
Sec. 9. (a) A voting mark that touches a circle, an oval, or a square shall be counted as if
it were on or in the circle, oval, or square. A voting mark that partially connects a
connectable arrow shall be counted as if the voting mark completed the connection of the
arrow.
(b) A voting mark that:
(1) does not touch a circle, oval, or square; and
(2) is not on or in the circle, oval, or square;
may not be counted.
(c) For purposes of the certification of voting systems under IC 3-11, a ballot card voting
system complies with this section if the system can detect a voting mark within the circle,
oval, or square, even if manual inspection of the ballot is required to detect a voting mark that
touches only the outside edge of the circle, oval, or square.
[Pre-1986 Recodification Citation: 3-1-25-18(f).]
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.39; P.L.3-1987, SEC.334;
P.L.219-2013, SEC.63.

IC 3-12-1-9.5 Remake of damaged or defective ballot card; conditions

Sec. 9.5. (a) This section applies to counting votes cast on ballot cards.
(b) This subsection applies to a ballot card that:
(1) has been cast in a precinct whose votes are being recounted by a local recount
commission or the state recount commission;
(2) is damaged or defective so that it cannot properly be counted by automated
tabulating machines; and
(3) cannot be counted for the office subject to the recount due to the damage or defect.
The ballot card shall be remade only if the conditions in subdivisions (1) through (3) exist.
As added by P.L.3-1987, SEC.335. Amended by P.L.58-2005, SEC.26; P.L.221-2005,
SEC.100.

IC 3-12-1-10 Void ballot

Sec. 10. A ballot on which a voter writes:
(1) the voter's name;
(2) the voter's initials;
(3) a number; or

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 (4) a symbol (such as a star, circle, parallel lines, dots, or any combination of such
symbols), if written with the intent to enable a person to determine who cast the ballot;
is void.
[Pre-1986 Recodification Citations: 3-1-25-18(h); 3-1-28-8 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.336.

IC 3-12-1-11 Primary election; application of chapter

Sec. 11. In applying this chapter to a primary election, the voting square includes the
voting space at the left of the name of a candidate on the primary ballot.
[Pre-1986 Recodification Citation: 3-1-25-18(a) part.]
As added by P.L.5-1986, SEC.8.

IC 3-12-1-12 Application to votes cast by any method; counting vote made

invalid by mistake or inadvertence of election officer
Sec. 12. (a) This section applies to votes cast by any method.
(b) Except as provided in section 13 of this chapter, a ballot that has been marked and cast
by a voter in compliance with this title but may otherwise not be counted solely as the result
of the act or failure to act of an election officer may nevertheless be counted in a proceeding
under IC 3-12-6, IC 3-12-8, or IC 3-12-11 unless evidence of fraud, tampering, or
misconduct affecting the integrity of the ballot is presented by a party to the proceeding.
(c) The act or failure to act by an election officer is not by itself evidence of fraud,
tampering, or misconduct affecting the integrity of the ballot.
As added by P.L.7-1986, SEC.3. Amended by P.L.3-1987, SEC.337; P.L.8-1992, SEC.29.

IC 3-12-1-13 Absentee ballots; necessary endorsements

Sec. 13. (a) This section applies only to absentee ballots.
(b) The whole ballot may not be counted unless the ballot is endorsed with the initials of:
(1) the two (2) members of the absentee voter board under IC 3-11-4-19,
IC 3-11-10-25, IC 3-11-10-26, IC 3-11-10-26.3, or IC 3-11-18.1-11; or
(2) the two (2) appointed members of the county election board (or their designated
representatives) under IC 3-11-4-19.
As added by P.L.3-1987, SEC.338. Amended by P.L.64-2014, SEC.69.

IC 3-12-1-14 Counting of vote cast for candidate who ceases to be candidate

Sec. 14. (a) This section does not apply to a vote:
(1) cast for president or vice president of the United States under IC 3-10-4-6; or
(2) described by section 15 of this chapter.
(b) A vote cast for a candidate who ceases to be a candidate may not be counted as a vote
for a successor candidate selected under IC 3-13-1 or IC 3-13-2.
As added by P.L.5-1989, SEC.63.

IC 3-12-1-15 Counting straight party vote for successor candidate;

exceptions
Sec. 15. (a) This section does not apply to a candidate for an at-large office of a county
council, city common council, town council, or township board, if those offices appear on
a ballot.
(b) This section applies to a vote cast for one (1) straight party ticket that includes a
candidate for election to office who:
(1) ceases to be a candidate; and
(2) is succeeded by a candidate selected under IC 3-13-1 or IC 3-13-2.
(c) A vote cast in the election for the original nominee is considered a vote cast for the
successor.
As added by P.L.5-1989, SEC.64. Amended by P.L.74-2017, SEC.57.

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IC 3-12-1-16 Vote cast for former candidate
Sec. 16. (a) This section applies when:
(1) a ballot is reprinted under IC 3-11-3-29.5(d) to omit the name of a former
candidate; and
(2) the candidate vacancy is filled following the reprinting of the ballots.
(b) A vote cast on the ballot where the statement "NO CANDIDATE" or words indicating
that there was a former candidate appears is considered a vote cast for the successor
candidate.
As added by P.L.38-1999, SEC.57. Amended by P.L.219-2013, SEC.64; P.L.227-2023,
SEC.118.

IC 3-12-1-17 Absentee ballot received from overseas voter by mail; arrival

time; when to count
Sec. 17. (a) This section applies only to an absentee ballot sent by mail.
(b) Notwithstanding IC 3-11.5-4-7, an absentee ballot received from an overseas voter is
not considered as arriving too late if both of the following apply:
(1) The absentee ballot envelope is postmarked not later than the date of the election.
(2) The absentee ballot is received not later than noon ten (10) days following the
election.
(c) If the postmark on the absentee ballot envelope is unclear, the county election board,
by unanimous vote of the entire membership of the board, determines the postmark date. If
the board is unable to determine the postmark date, the absentee ballot may not be counted.
As added by P.L.164-2006, SEC.125. Amended by P.L.64-2014, SEC.70; P.L.76-2014,
SEC.54; P.L.278-2019, SEC.139.

IC 3-12-1-18 Federal write-in absentee ballot cast in primary election by

absent uniformed services voter or overseas voter; voter
actions that void ballot
Sec. 18. (a) This section applies to a federal write-in absentee ballot cast in a primary
election as provided in IC 3-11-4-12.5(b)(1) by an absent uniformed services voter or
overseas voter.
(b) If a voter does any of the following, the voter's vote is void:
(1) The voter votes for more than one (1) candidate, and the candidates are not on the
official primary ballot of the same political party.
(2) The voter votes for a candidate who is not on the official primary ballot of any
political party.
(3) The voter votes for a candidate who is on the official primary ballot of a political
party, but the voter does not indicate the office for which the candidate seeks to be
nominated.
(c) If the voter votes for a political party, but the voter does not vote for any individual
candidates who are on that political party's official primary ballot, the voter's vote is void.
(d) If there is a discrepancy between political party primary ballot choice between the
federal write-in absentee ballot described in subsection (a) and the federal post card
application, the federal post card application supersedes the federal write-in absentee ballot.
As added by P.L.66-2010, SEC.28. Amended by P.L.227-2023, SEC.119.

IC 3-12-1-19 Federal write-in absentee ballot cast in general, municipal, or

special election by absent uniformed services voter or overseas
voter; counting votes
Sec. 19. (a) The provisions of section 1.7 of this chapter concerning write-in votes apply
to this section. This section applies to a federal write-in absentee ballot cast in a general
election, municipal election, or special election as provided in IC 3-11-4-12.5(b)(2) by an
absent uniformed services voter or overseas voter.

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 (b) If a voter designates a candidate by writing in the name of a political party on the
ballot, the voter's vote shall be counted for all candidates of that political party on the ballot.
(c) If a voter writes an abbreviation, misspelling, or other minor variation instead of the
correct name of a candidate or a political party, the voter's vote shall be counted if the intent
of the voter can be determined.
(d) If a voter votes for a candidate on a ballot described by this section, but does not
indicate the office for which the candidate has been nominated, the voter's vote for that
candidate is void.
As added by P.L.66-2010, SEC.29. Amended by P.L.278-2019, SEC.140; P.L.193-2021,
SEC.83.

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IC 3-12-2 Chapter 2. Counting of Paper Ballot Votes

3-12-2-1 Chapter establishes standards to define vote; ballot counting procedures

3-12-2-2 Viewing of counting of votes by inspector and judge of opposite political party
3-12-2-3 Protest of ballot by member of precinct election board
3-12-2-4 Protest of ballot; duties of poll clerks
3-12-2-5 Vote count procedure where more than one precinct located in same room
3-12-2-6 Certificate and memorandum of votes cast
3-12-2-7 Delivery of certificates, list of voters, and tally papers upon vote tabulation
3-12-2-7.5 Counting certain federal write-in absentee ballots
3-12-2-8 Inspector's duty after ballots have been counted
3-12-2-9 Delivery of envelope or bag containing ballots to circuit court clerk;
notification of number of ballots in bag and condition of seals of ballot
packages
3-12-2-10 Oath of inspector upon delivery of envelope or bag; contents
3-12-2-11 Envelope or bag to be placed in receptacle having two locks; disposition of
keys
3-12-2-12 Preservation of receptacle containing envelope or bag; contest of election;
disposition of envelope or bag; use of ballots for election research
3-12-2-13 Repealed
3-12-2-14 Repealed
3-12-2-15 Certificate for news media of results; delivery to circuit court clerk and news
media
3-12-2-16 Canvass to continue to completion

IC 3-12-2-1 Chapter establishes standards to define vote; ballot counting

procedures
Sec. 1. (a) This chapter:
(1) is enacted to comply with 52 U.S.C. 21081 by establishing uniform and
nondiscriminatory standards to define what will be counted as a vote on a paper ballot;
and
(2) applies to each precinct where voting is by paper ballot.
(b) After the polls have closed, each precinct election board shall count the paper ballot
votes for each candidate for each office and on each public question. The ballots shall be
counted by laying each ballot upon a table in the order in which it is taken from the ballot
box.
(c) If a precinct election board administers more than one (1) precinct, the board shall
keep the ballots cast in each precinct separate from ballots cast in any other precinct, so that
the votes cast for each candidate and on each public question in each of the precincts
administered by the board may be determined.
[Pre-1986 Recodification Citations: 3-1-18-3 part; 3-1-25-1(a) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.339; P.L.10-1988, SEC.123;
P.L.3-1995, SEC.119; P.L.209-2003, SEC.181; P.L.230-2005, SEC.56; P.L.128-2015,
SEC.208; P.L.278-2019, SEC.141.

IC 3-12-2-2 Viewing of counting of votes by inspector and judge of opposite

political party
Sec. 2. During the counting of the votes, the inspector and the judge of the opposite
political party from the inspector shall view the ballots as the names of the candidates voted
for are read from the ballots.
[Pre-1986 Recodification Citation: 3-1-25-1(a) part.]
As added by P.L.5-1986, SEC.8.

IC 3-12-2-3 Protest of ballot by member of precinct election board

Sec. 3. During the counting of the votes, any member of the precinct election board may
protest the counting of any ballot or any part of a ballot.

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 [Pre-1986 Recodification Citation: 3-1-25-1(a) part.]
As added by P.L.5-1986, SEC.8.

IC 3-12-2-4 Protest of ballot; duties of poll clerks

Sec. 4. If a ballot or any part of a ballot is protested, the poll clerks immediately shall
write on the back of each protested ballot the word "counted" or the words "not counted", as
appropriate. The clerks then shall officially sign each protested ballot.
[Pre-1986 Recodification Citation: 3-1-25-1(a) part.]
As added by P.L.5-1986, SEC.8.

IC 3-12-2-5 Vote count procedure where more than one precinct located in
same room
Sec. 5. Except as provided in section 1(c) of this chapter, if the polls for more than one
(1) precinct are located in the same room, the inspector of a precinct using the room may not
begin the vote count procedure until all the polls in the room are officially closed and no
more persons are waiting in line to vote.
[Pre-1986 Recodification Citations: 3-1-24-9(b); 3-1-25-1(b); 3-2-4-5(e).]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.340; P.L.3-1995, SEC.120.

IC 3-12-2-6 Certificate and memorandum of votes cast

Sec. 6. When all votes have been counted, the precinct election board shall prepare a
certificate stating the number of votes that each candidate received for each office and the
number of votes cast on each public question. The number of votes that each candidate and
public question received shall be written in words and numbers. The board shall also prepare
a memorandum of the total vote cast for each candidate and ensure that each member of the
board receives a copy of the memorandum.
[Pre-1986 Recodification Citations: 3-1-25-1(a) part; 3-1-25-2(a), (f) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.341; P.L.221-2005, SEC.101.

IC 3-12-2-7 Delivery of certificates, list of voters, and tally papers upon

vote tabulation
Sec. 7. The inspector and the judge of the opposite political party shall deliver the
certificates prepared under section 6 of this chapter, the list of voters, and the tally papers to
the county election board immediately upon the tabulation of the vote.
[Pre-1986 Recodification Citations: 3-1-5-12 part; 3-1-18-3 part; 3-1-25-2(b), (f) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.342; P.L.3-1993, SEC.179.

IC 3-12-2-7.5 Counting certain federal write-in absentee ballots

Sec. 7.5. (a) This section applies to the counting of federal write-in absentee ballots
described in IC 3-11-4-12.5.
(b) If a voter writes an abbreviation, misspelling, or other minor variation instead of the
correct name of a candidate or political party, that vote shall be counted if the intent of the
voter can be determined.
(c) If a voter casts a ballot under this section for President or Vice President of the United
States and writes in the name of a candidate or political party that has not:
(1) certified a list of presidential electors and alternate presidential electors under
IC 3-10-4-5; or
(2) included a list of presidential electors and alternate presidential electors on the
declaration for candidacy filed by a write-in candidate under IC 3-8-2-2.5;
the vote for President or Vice President is void. The remaining votes on the ballot may be
counted.
(d) As required by 52 U.S.C. 20303(b), and except as provided in this section, an
absentee ballot subject to this section shall be submitted and processed in the same manner

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provided by this title for a regular absentee ballot.
(e) IC 3-12-1-7 applies to a ballot subject to this section.
(f) As required by 52 U.S.C. 20303(b), a ballot subject to this section may not be counted
if:
(1) the ballot was submitted:
(A) by an overseas voter who is not an absent uniformed services voter; and
(B) from within the United States;
(2) the overseas voter's application for a regular absentee ballot was received by the
county election board after the applicable absentee ballot application deadline set forth
in IC 3-11-4-3;
(3) the voter's completed regular state absentee ballot was received by the county
election board by the deadline for receiving absentee ballots under IC 3-11.5-4-10 or
IC 3-12-1-17; or
(4) the ballot subject to this section was not received by the county election board by
the deadline for receiving absentee ballots under IC 3-11.5-4-10 or IC 3-12-1-17.
(g) If a federal write-in absentee ballot is received by the county election board in an
envelope that does not indicate that the envelope contains the ballot, and the envelope is
opened by the county election board, the absentee ballot shall nevertheless be counted if
otherwise valid. The county election board shall:
(1) immediately seal the absentee ballot and the envelope in which the ballot was
received in a carrier envelope indicating that a voted absentee ballot is enclosed; and
(2) document the date the absentee ballot was sealed within the carrier envelope,
attested to by the signature of each member of the county election board.
As added by P.L.3-1987, SEC.343. Amended by P.L.10-1992, SEC.23; P.L.3-1993,
SEC.180; P.L.198-2005, SEC.15; P.L.66-2010, SEC.30; P.L.219-2013, SEC.65;
P.L.128-2015, SEC.209; P.L.201-2017, SEC.36; P.L.278-2019, SEC.142.

IC 3-12-2-8 Inspector's duty after ballots have been counted

Sec. 8. As soon as the ballots have been counted, the inspector shall, in the presence of
the judges and poll clerks:
(1) place in a strong and stout paper envelope or bag:
(A) all ballots, voted and not voted, together with all protested, disputed, and
uncounted ballots;
(B) the seals of the ballot packages; and
(C) one (1) copy of each of the certificates, list of voters, and tally papers;
(2) securely seal the envelope or bag;
(3) have both clerks initial the envelope or bag; and
(4) plainly mark on the outside of the envelope or bag, in ink, the precinct where the
ballots were cast.
[Pre-1986 Recodification Citations: 3-1-5-12 part; 3-1-25-1(a) part; 3-1-25-3 part; 3-1-25-4 part.]
As added by P.L.5-1986, SEC.8.

IC 3-12-2-9 Delivery of envelope or bag containing ballots to circuit court

clerk; notification of number of ballots in bag and condition of
seals of ballot packages
Sec. 9. The inspector and the judge of the opposite political party shall deliver the
envelope or bag prepared under section 8 of this chapter to the circuit court clerk
immediately upon tabulation of the votes. The inspector shall notify the clerk of the number
of ballots placed in the envelope or bag and the condition of the seals of the ballot packages.
[Pre-1986 Recodification Citations: 3-1-5-12 part; 3-1-25-4 part; 3-1-25-16 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.344.

IC 3-12-2-10 Oath of inspector upon delivery of envelope or bag; contents

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 Sec. 10. Upon delivery of the envelope or bag to the circuit court clerk under section 9
of this chapter, the inspector shall take and subscribe an oath before the clerk stating that the
inspector:
(1) closed and sealed the envelope or bag in the presence of the judges and poll clerks;
(2) securely kept the ballots and papers in the envelope or bag;
(3) did not permit any person to open the envelope or bag or to otherwise touch or
tamper with the ballots; and
(4) has no knowledge of any other person opening the envelope or bag.
The oath shall be filed in the circuit court clerk's office with other election papers.
[Pre-1986 Recodification Citation: 3-1-25-4 part.]
As added by P.L.5-1986, SEC.8.

IC 3-12-2-11 Envelope or bag to be placed in receptacle having two locks;

disposition of keys
Sec. 11. Upon receipt of the envelope or bag under section 9 of this chapter, the envelope
or bag shall be placed in a receptacle having two (2) different locks provided by the county
executive. The receptacle shall be locked, and one (1) key shall be given to the circuit court
clerk and the other key shall be given to the county election board member of the other
political party.
[Pre-1986 Recodification Citation: 3-1-5-12 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.181.

IC 3-12-2-12 Preservation of receptacle containing envelope or bag; contest

of election; disposition of envelope or bag; use of ballots for
election research
Sec. 12. (a) The circuit court clerk shall preserve the receptacle containing the envelope
or bag in the clerk's office for the period required under IC 3-10-1-31.1. However, if the
election is contested, then the clerk shall preserve the receptacle containing the envelope or
bag as long as the contest is undetermined. During those periods the clerk shall keep the
receptacle securely locked, subject only to an order of the court trying a contest.
(b) When permitted under IC 3-10-1-31.1, the clerk and county election board member
of the opposite political party shall remove the envelope or bag from the receptacle and
destroy the envelope or bag.
(c) A county election board may contract with a state educational institution to dispose
of ballots. The contract must provide that:
(1) the ballots will be used by the state educational institution to conduct election
research; and
(2) the state educational institution may not receive any ballots under this subsection
until the period for retention under IC 3-10-1-31.1 has expired.
[Pre-1986 Recodification Citations: 3-1-5-12 part; 3-1-25-3 part; 3-1-25-4 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.7-1986, SEC.4; P.L.3-1987, SEC.345;
P.L.3-1993, SEC.182; P.L.14-2004, SEC.157; P.L.2-2007, SEC.15; P.L.193-2021, SEC.84.

IC 3-12-2-13 Repealed
[Pre-1986 Recodification Citation: 3-1-25-6 part.]
As added by P.L.5-1986, SEC.8. Repealed by P.L.3-1987, SEC.570.

IC 3-12-2-14 Repealed
[Pre-1986 Recodification Citation: 3-1-25-6 part.]
As added by P.L.5-1986, SEC.8. Repealed by P.L.3-1987, SEC.570.

IC 3-12-2-15 Certificate for news media of results; delivery to circuit court

clerk and news media

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 Sec. 15. Immediately upon completion of the vote count, each precinct election board
shall make and sign a certificate for the news media showing the total number of votes
received by each candidate and on each public question in the precinct. The inspector and
judge of the opposite political party shall deliver the certificate to the circuit court clerk at
the same time that the certificates, lists of voters, and tally papers are delivered under section
7 of this chapter. The circuit court clerk immediately shall deliver the certificate made for the
news media to any person designated to receive the certificate by the editors of the
newspapers published in the county or by the managers of the radio and television stations
operating in the county. The county election board shall furnish each precinct election board
with the forms on which the certificates are to be prepared.
[Pre-1986 Recodification Citation: 3-1-25-7.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.346.

IC 3-12-2-16 Canvass to continue to completion

Sec. 16. To minimize the delay in the counting of the vote, canvassing must begin
immediately upon the closing of the polls and continue without interruption until all votes are
canvassed and all certificates of the vote required by section 6 of this chapter are completed
and delivered to the persons entitled to receive the certificates.
[Pre-1986 Recodification Citation: 3-1-25-16 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.347; P.L.3-1989, SEC.11.

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IC 3-12-2.5 Chapter 2.5. Repealed
Repealed by P.L.221-2005, SEC.145.

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IC 3-12-3 Chapter 3. Counting Ballot Card Votes

3-12-3-1 Counting of ballot cards

3-12-3-1.1 Chapter establishes standards to define vote
3-12-3-1.2 Closing of all polls located in one room before vote count
3-12-3-1.5 Protest; marking and signing of protested ballots
3-12-3-2 Counted ballot cards; processing
3-12-3-2.2 Securing and returning electronic poll books, voting systems to county election
board
3-12-3-2.5 Central counting location
3-12-3-3 Proceedings at central counting location; direction and observation; open to
public
3-12-3-4 Opening of ballot cards container and removal of contents
3-12-3-5 Damaged or defective ballot card; absentee ballot of absent uniformed services
voter or overseas voter; failure of tabulating machine
3-12-3-6 Duplicate ballot card to be clearly labeled and bear serial number
3-12-3-7 Duplicate ballot card to be counted
3-12-3-8 Votes to be counted manually if automatic tabulating machines test not
conducted
3-12-3-9 Manual counting of ballot cards; compliance with tabulating standards
3-12-3-10 Procedures after vote totals have been taken and certified; ballot cards and
automatic tabulating machines; disposition; inspector's oath
3-12-3-11 Official return of precinct; publication
3-12-3-12 Casting of votes by absentee voters; counting
3-12-3-12.5 Vote count to continue to completion
3-12-3-12.7 Required use of a universal serial bus (USB) drive containing anti-malware
protection features or other approved data storage transfer methods to upload
unofficial precinct election results
3-12-3-13 Recount; procedure
3-12-3-14 Repealed

IC 3-12-3-1 Counting of ballot cards

Sec. 1. (a) Subject to IC 3-12-2-5, after the marking devices have been secured against
further voting under IC 3-11-13-36, the inspector shall open the ballot box and count the
number of ballot cards or envelopes containing ballot cards that have been cast to determine
whether the number of cards cast exceeds the number of voters shown on the poll lists. If the
number of ballot cards cast exceeds the total number of voters, this fact shall be reported in
writing to the appropriate election officer together with the reasons for the discrepancy, if
known. The total number of voters shall be entered on the tally sheets.
(b) A ballot card may not be removed from a secrecy envelope containing a write-in vote
under this section.
[Pre-1986 Recodification Citation: 3-2-4-5(a) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.4-1991, SEC.112.

IC 3-12-3-1.1 Chapter establishes standards to define vote

Sec. 1.1. This chapter is enacted to comply with 52 U.S.C. 21081 by establishing uniform
and nondiscriminatory standards to define what will be counted as a vote on an optical scan
voting system.
As added by P.L.209-2003, SEC.183. Amended by P.L.128-2015, SEC.210.

IC 3-12-3-1.2 Closing of all polls located in one room before vote count
Sec. 1.2. This section applies to a precinct where votes have been cast on a ballot card
system that is designed to allow the counting and tabulation of votes by the precinct election
board. If the polls for more than one (1) precinct are located in the same room, the inspector
of a precinct using the room may not begin the vote counting procedure until all the polls in
the room are officially closed and no more persons are waiting in line to vote.
As added by P.L.10-1988, SEC.125. Amended by P.L.1-1993, SEC.8; P.L.3-1995, SEC.123;

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P.L.193-2021, SEC.85.

IC 3-12-3-1.5 Protest; marking and signing of protested ballots

Sec. 1.5. (a) During the tabulation of the votes, any member of the precinct election board
in a precinct where votes have been cast on a ballot card system that is designed to allow the
counting and tabulation of votes by the precinct election board may protest the counting of
any ballot or any part of a ballot cast in that precinct.
(b) During the tabulation of votes at a central counting location under section 3 of this
chapter:
(1) a member of the precinct election board in a precinct where votes were cast on a
ballot card system; or
(2) a member of the county election board, if a member of the precinct election board
is not present during the tabulation of the votes of the precinct;
may protest the counting of any ballot or part of a ballot cast in that precinct.
(c) If a ballot or any part of a ballot is protested, the poll clerks in the precinct where
votes have been cast or the member of the county election board, if the poll clerks are not
present during the tabulation of votes at a central counting location, immediately shall write
on the back of the protested ballot card the word "counted" or "not counted" as appropriate.
The clerks or county election board member then shall officially sign each protested ballot
card.
As added by P.L.10-1988, SEC.126. Amended by P.L.5-1989, SEC.65; P.L.1-1993, SEC.9;
P.L.3-1993, SEC.184.

IC 3-12-3-2 Counted ballot cards; processing

Sec. 2. (a) After the ballot cards have been counted under section 1 of this chapter, the
precinct election board shall comply with this section.
(b) This subsection applies if the votes have been cast on a ballot card voting system that
is not designed to allow the counting and tabulation of votes by the precinct election board.
The inspector shall place all cards that have been cast in the container provided for that
purpose and the container shall be sealed by the inspector in the presence of the precinct
election board. The inspector and the judge of the opposite political party shall immediately
deliver the container, together with the unused, uncounted, and defective cards and returns,
to the central counting location or other designated place.
(c) This subsection applies if the votes have been cast on a ballot card voting system that
is designed to allow the counting and tabulation of votes by the precinct election board. The
precinct election board shall:
(1) process the ballot cards with the automatic tabulating machine provided to the
precinct, if the vote is not automatically registered by the ballot card voting system;
(2) take the vote as tabulated under subdivision (1) or as automatically registered by
the ballot card voting system; and
(3) certify the totals and the ballot count as required under section 1 of this chapter on
forms supplied to the precinct for that purpose.
Copies of the totals shall be delivered to each member of the precinct election board. One (1)
copy of the vote totals shall be prepared and signed for the news media on the form furnished
by the county election board.
[Pre-1986 Recodification Citation: 3-2-4-5(b).]
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.40; P.L.3-1987, SEC.349;
P.L.1-1993, SEC.10.

IC 3-12-3-2.2 Securing and returning electronic poll books, voting systems to

county election board
Sec. 2.2. (a) This section does not apply to an electronic poll book or voting system
subject to an impoundment order issued by a court or a recount commission until the

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impoundment order is rescinded.
(b) This subsection applies to an electronic poll book. The inspector and judge of the
opposite political party shall immediately deliver all electronic poll books from a precinct
polling location or vote center to the county election board with the other election material
under section 2(b) of this chapter. The county election board shall secure the electronic poll
books in accordance with the requirements of IC 3-11-15-46.
(c) This subsection applies to a voting system. At any time after the polls close on election
day:
(1) the county election board;
(2) teams consisting of at least two (2) individuals that:
(A) are designated by the county election board;
(B) are affiliated with a political party entitled to nominate an individual to serve as
an appointed member of the county election board; and
(C) have at least two (2) individuals on the team who are not members of the same
political party; or
(3) a commercial delivery entity operating under a contract with the county election
board;
shall return all voting systems from the polls for the precinct or from the vote centers to a
storage facility to be secured under IC 3-11-15-46.
(d) The county election board may not:
(1) designate any individual to serve on a team if the individual is:
(A) imprisoned;
(B) subject to lawful detention;
(C) on probation;
(D) on parole;
(E) subject to home detention; or
(F) placed in a community corrections program; or
(2) permit a commercial delivery entity to allow any individual who is:
(A) imprisoned;
(B) subject to lawful detention;
(C) on probation;
(D) on parole;
(E) subject to home detention; or
(F) placed in a community corrections program;
to have access to or return a voting system.
(e) If a county election board uses the teams or a commercial delivery entity described in
subsection (c), the board shall require that:
(1) two (2) members of each team who are not members of the same political party; or
(2) the commercial delivery entity;
execute a certificate setting forth the information set forth in subsection (f).
(f) The certificate required in subsection (e) must be signed by the two (2) members of
each team described in subsection (c) or by an individual authorized to act on behalf of the
commercial delivery entity described in subsection (c). The certificate must include the
following:
(1) That the voting systems remained in the custody and control of each individual
during the period beginning when the voting systems were received at the polls and
ending when the voting systems were returned to the location designated for securing
voting systems under IC 3-11-15-46.
(2) That no individual other than a team member or an individual acting on behalf of
the commercial delivery entity had access to any voting system.
(3) That an individual documented receipt of the voting system at the location when the
system was returned.
(4) The:

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 (A) written name and signature of the individual; and
(B) date that the voting system was delivered to the custody of that individual.
(g) Immediately upon any return of a voting system, the completed certificate must be
filed with the county election board.
As added by P.L.193-2021, SEC.86. Amended by P.L.227-2023, SEC.120.

IC 3-12-3-2.5 Central counting location

Sec. 2.5. (a) Not later than ten (10) days before any election at which ballot cards will be
tabulated at a central counting location, the county election board shall designate the counting
location to be used for the processing or counting of ballots.
(b) This counting location must be located within the county or within an adjoining county
in Indiana. If the counting location is within the county, the board shall also determine
whether the precinct officials are to make their returns directly to the counting location or to
the office of the clerk of the circuit court. If the counting location is outside the county, all
precinct returns shall be made directly to:
(1) the office of the clerk of the circuit court or to the chief deputy of a combined
election board established under IC 3-6-5.2; or
(2) the director of the board of elections and registration under IC 3-6-5.6.
(c) No counting location shall be used by more than one (1) county at an election without
the approval of the commission.
(d) Whenever the precinct returns are made directly to the office of the clerk of the circuit
court and the counting location is not performed in that office, the county election board is
responsible for arranging adequate security during the transfer of all ballot cards to the
counting location. This security shall include the following:
(1) All ballot cards must at all times be under the supervision of at least two (2)
persons, one (1) from each of two (2) political parties entitled to have a member on the
county election board.
(2) At least one (1) member of the county sheriff's department shall accompany the
ballot cards from the clerk's office to the counting location. This assistance shall be
rendered under IC 3-6-5-33.
As added by P.L.3-1997, SEC.340. Amended by P.L.109-2021, SEC.69.

IC 3-12-3-3 Proceedings at central counting location; direction and

observation; open to public
Sec. 3. All proceedings at a central counting location shall be directed by the appropriate
election officers under the observation of at least two (2) precinct judges or other appropriate
election officers who are not of the same political party. The proceedings must be open to
the public, but no persons except those employed and authorized for that purpose may touch
a ballot card, ballot container, or return.
[Pre-1986 Recodification Citation: 3-2-4-5(c) part.]
As added by P.L.5-1986, SEC.8.

IC 3-12-3-4 Opening of ballot cards container and removal of contents

Sec. 4. At a central counting location each container of ballot cards shall be opened and
its contents removed. The ballot cards shall be:
(1) checked to determine if the cards are properly grouped; and
(2) arranged so that all similar cards from a precinct are together.
[Pre-1986 Recodification Citation: 3-2-4-5(c) part.]
As added by P.L.5-1986, SEC.8.

IC 3-12-3-5 Damaged or defective ballot card; absentee ballot of absent

uniformed services voter or overseas voter; failure of
tabulating machine

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 Sec. 5. (a) If a ballot card is damaged or defective so that it cannot properly be counted
by the automatic tabulating machines, then a remake team composed of one (1) person from
each of the major political parties of the county shall have the card prepared for processing
so as to record accurately the intention of the voter insofar as it can be ascertained.
(b) If the ballot card voting system is designed to allow the counting and tabulation of
votes by the precinct election board, the members of the remake team must be members of
the precinct election board in which the ballot was cast. If a county provides for the counting
and tabulation of ballot card voting systems in a central location, the members of the remake
team shall be appointed by the county election board.
(c) If necessary, a true, duplicate copy shall be made of the damaged ballot card in the
presence of witnesses and substituted for the damaged card. Similarly, a duplicate ballot card
shall be made of a defective card, not including the uncounted votes.
(d) This subsection applies to an absent uniformed services voter or overseas voter
permitted to transmit an absentee ballot by fax or electronic mail under IC 3-11-4-6. To
facilitate the transmittal and return of the voter's absentee ballot by fax or electronic mail, the
county election board may provide the voter with a paper ballot rather than a ballot card. The
paper ballot must conform with the requirements for paper ballots set forth in IC 3-10 and
IC 3-11. After the voter returns the ballot by fax or electronic mail, a remake team appointed
by the county election board under this section shall prepare a ballot card for processing that
accurately records the intention of the voter as indicated on the paper ballot. The ballot card
created under this subsection must include the initials of each member of the remake team
and be marked and counted as a duplicate ballot under sections 6 through 7 of this chapter.
(e) If an automatic tabulating machine fails during the counting and tabulation of votes
following the close of the polls, the county election board shall immediately arrange for the
repair and proper functioning of the system. The county election board may, by unanimous
vote of its entire membership, authorize the counting and tabulation of votes for this election
on an automatic tabulating machine approved for use in Indiana by the commission:
(1) until the repair and retesting of the malfunctioning machine; and
(2) whether or not the machine was tested under IC 3-11-13-22.
[Pre-1986 Recodification Citation: 3-2-4-5(c) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.41; P.L.3-1987, SEC.350;
P.L.1-1993, SEC.11; P.L.3-1997, SEC.341; P.L.263-2003, SEC.4; P.L.97-2004, SEC.12;
P.L.198-2005, SEC.16; P.L.194-2013, SEC.75; P.L.193-2021, SEC.87.

IC 3-12-3-6 Duplicate ballot card to be clearly labeled and bear serial

number
Sec. 6. All duplicate ballot cards must:
(1) be clearly labeled "duplicate"; and
(2) bear a serial number, which shall be recorded on the damaged or defective card.
[Pre-1986 Recodification Citation: 3-2-4-5(c) part.]
As added by P.L.5-1986, SEC.8.

IC 3-12-3-7 Duplicate ballot card to be counted

Sec. 7. Each duplicate ballot card shall be counted instead of the damaged or defective
card.
[Pre-1986 Recodification Citation: 3-2-4-5(c) part.]
As added by P.L.5-1986, SEC.8.

IC 3-12-3-8 Votes to be counted manually if automatic tabulating machines

test not conducted
Sec. 8. If a test of automatic tabulating machines required by IC 3-11-13-22 is not
conducted for a particular office or public question, the votes for that office or question shall
be counted manually. If for any reason it becomes impracticable to count all or some of the

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ballot cards with automatic tabulating machines:
(1) the precinct election board in which the machine is located, if the ballot card voting
system is designed to allow the counting and tabulation of votes by the precinct election
board; or
(2) the county election board, if the ballot card voting system is not designed to allow
the counting and tabulation of votes by the precinct election board;
may direct that they be counted manually.
[Pre-1986 Recodification Citation: 3-2-4-5(c) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.42; P.L.3-1987, SEC.351;
P.L.1-1993, SEC.12; P.L.85-2017, SEC.4.

IC 3-12-3-9 Manual counting of ballot cards; compliance with tabulating

standards
Sec. 9. If ballot cards are counted manually, the tabulation of votes must comply with the
standards prescribed by IC 3-11-7.
[Pre-1986 Recodification Citation: 3-2-4-5(c) part.]
As added by P.L.5-1986, SEC.8.

IC 3-12-3-10 Procedures after vote totals have been taken and certified;
ballot cards and automatic tabulating machines; disposition;
inspector's oath
Sec. 10. (a) After the voting totals have been taken and certified by a precinct election
board under section 2(c) of this chapter, the inspector shall:
(1) seal each automatic tabulating machine used in the precinct;
(2) place all ballot cards that have been counted in the container provided for that
purpose; and
(3) seal the container into which the ballot cards have been placed;
in the presence of the precinct election board. The automatic tabulating machine may not be
moved from the polls after the polls are closed until collected.
(b) The inspector and judge of the opposite political party shall deliver:
(1) the certification of the vote totals and one (1) copy of the certificate prepared under
section 2(c) of this chapter for the circuit court clerk;
(2) the certificate of the vote totals prepared under section 2(c) of this chapter for the
news media;
(3) the container in which ballot cards have been placed under subsection (a); and
(4) the unused, uncounted, and defective ballot cards and returns;
to the circuit court clerk.
(c) The inspector and judge of the opposite political party shall deliver the certificates and
the list of voters to the county election board by midnight on election day. However, if:
(1) a ballot card voting system failed;
(2) the failure of the system was reported as required by this title;
(3) paper ballots were used in place of the system; and
(4) the use of the paper ballots caused a substantial delay in the vote counting process;
then the certificates, the list of voters, and the tally papers shall be delivered as soon as
possible.
(d) Upon delivery of the container to the circuit court clerk under subsection (c), the
inspector shall take and subscribe an oath before the clerk stating that the inspector:
(1) closed and sealed the container in the presence of the judges and poll clerks;
(2) securely kept the ballot cards in the container;
(3) did not permit any person to open the container or to otherwise touch or tamper
with the ballot cards; and
(4) has no knowledge of any other person opening the container.
(e) Each oath taken under subsection (d) shall be filed in the circuit court clerk's office

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with other election papers.
(f) Upon completion of the counting of the votes by a precinct election board under
section 2(c) of this chapter or at a central location, all ballot cards shall be arranged by
precincts and kept by the circuit court clerk for the period required by IC 3-10-1-31.1. The
clerk shall determine the final disposition of all voted ballot cards.
[Pre-1986 Recodification Citation: 3-2-4-5(c) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.43; P.L.3-1987, SEC.352;
P.L.3-1993, SEC.185; P.L.14-2004, SEC.158; P.L.193-2021, SEC.88.

IC 3-12-3-11 Official return of precinct; publication

Sec. 11. (a) The return printed by the automatic tabulating machines, along with the return
of votes by absentee and provisional voters, constitutes the official return of each precinct.
Upon completion of the count, the return is open to the public.
(b) This subsection applies if the votes have been cast on a ballot card voting system that
is not designed to allow the counting and tabulation of votes by the precinct election board.
The circuit court clerk shall, upon request, furnish to the media in the area the results of the
tabulation.
(c) This subsection applies if the votes have been cast on a ballot card voting system that
is designed to allow the counting and tabulation of votes by the precinct election board. Upon
receiving the certificate for the media prepared under section 2(c) of this chapter, the circuit
court clerk shall deliver the certificate to any person designated to receive the certificate by
the editors of the newspapers published in the county or by the managers of the radio and
television stations operating in the county.
(d) If a precinct election board administers more than one (1) precinct, the precinct
election board or circuit court clerk shall keep the ballots cast in each precinct separate from
ballots cast in any other precinct, so that the votes cast for each candidate and on each public
question in each of the precincts administered by the board may be determined.
[Pre-1986 Recodification Citation: 3-2-4-5(d).]
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.44; P.L.3-1987, SEC.353;
P.L.1-1993, SEC.13; P.L.126-2002, SEC.88; P.L.230-2005, SEC.57.

IC 3-12-3-12 Casting of votes by absentee voters; counting

Sec. 12. Votes by absentee voters may be cast on paper ballots or ballot cards, or both
methods may be used. The ballots may be counted by an automatic tabulating machine or by
special canvassing boards appointed by and under the direction of the county election board.
A true copy of each paper absentee ballot may be made on a ballot card, which, after being
verified in the presence of witnesses, shall be counted in the same manner as other ballot
cards.
[Pre-1986 Recodification Citation: 3-2-4-8.]
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.45.

IC 3-12-3-12.5 Vote count to continue to completion

Sec. 12.5. To minimize the delay in the counting of the vote, the count must begin
immediately upon delivery of the cards to the central counting location under section 2(b)
of this chapter or upon the closing of the polls under section 2(c) of this chapter. The
tabulation must continue without interruption until all votes are canvassed and all certificates
of the vote totals required under section 10(b) of this chapter or totals required under section
11(b) of this chapter are completed and delivered to the persons entitled to receive the
certificates or totals.
As added by P.L.3-1987, SEC.354.

IC 3-12-3-12.7 Required use of a universal serial bus (USB) drive containing

anti-malware protection features or other approved data

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 storage transfer methods to upload unofficial precinct election
results
Sec. 12.7. (a) This section applies to a county that uploads unofficial precinct level results
from a ballot card voting system to the computerized list before the county certifies the
official results of the election under IC 3-12-5.
(b) The county shall use a universal serial bus (USB) drive that contains anti-malware
protection features approved by VSTOP or another data storage transfer method approved
by VSTOP.
As added by P.L.135-2020, SEC.8.

IC 3-12-3-13 Recount; procedure

Sec. 13. In case of a recount, all ballot cards shall be recounted in the manner prescribed
by this chapter unless:
(1) the court ordering the recount or the state recount commission directs that they be
counted manually; or
(2) a request for a manual recount is made under IC 3-12-6 or IC 3-12-11.
[Pre-1986 Recodification Citation: 3-2-4-9.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.355.

IC 3-12-3-14 Repealed
As added by P.L.3-1995, SEC.124. Repealed by P.L.193-2021, SEC.89.

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IC 3-12-3.5 Chapter 3.5. Counting of Electronic Voting System Votes

3-12-3.5-1 Application of chapter; vote centers treated as precincts

3-12-3.5-1.1 Chapter establishes standards to define vote
3-12-3.5-1.5 Closing of all polls located in one room before vote count
3-12-3.5-2 Announcement that printout of vote available for examination
3-12-3.5-3 Certificates of vote result; use of verifiable paper audit trail
3-12-3.5-4 Delivery of certificates
3-12-3.5-4.5 Securing and returning electronic poll books, voting systems to county election
board
3-12-3.5-5 News media certificate
3-12-3.5-6 Vote count to continue to completion
3-12-3.5-7 Repealed
3-12-3.5-8 "Audit threshold number"; "judge"; determination of disparity between number
of votes and number of voters; public meeting of county election board; audit
and notice of audit; secretary of state report

IC 3-12-3.5-1 Application of chapter; vote centers treated as precincts

Sec. 1. (a) This chapter applies to each precinct where voting is by electronic voting
system.
(b) For purposes of this chapter, in a county designated as a vote center county under
IC 3-11-18.1, each vote center shall be treated as if it were a single precinct.
As added by P.L.3-1987, SEC.356. Amended by P.L.210-2018, SEC.8.

IC 3-12-3.5-1.1 Chapter establishes standards to define vote

Sec. 1.1. This chapter is enacted to comply with 52 U.S.C. 21081 by establishing uniform
and nondiscriminatory standards to define what will be counted as a vote on an electronic
voting system.
As added by P.L.209-2003, SEC.184. Amended by P.L.128-2015, SEC.211.
IC 3-12-3.5-1.5 Closing of all polls located in one room before vote count
Sec. 1.5. If the polls for more than one (1) precinct are located in the same room, the
inspector of a precinct using the room may not begin the vote counting procedure until all the
polls in the room are officially closed and no more persons are waiting in line to vote.
As added by P.L.10-1988, SEC.127. Amended by P.L.3-1995, SEC.125; P.L.193-2021,
SEC.90.

IC 3-12-3.5-2 Announcement that printout of vote available for examination

Sec. 2. After each electronic voting system has been secured and the paper vote total
printouts obtained, the inspector shall announce in a distinct tone of voice that the printouts
are available for inspection by the members of the precinct election board and any watchers
present within the polls. The members and watchers are entitled to inspect and copy the
printouts to document the votes cast for:
(1) each candidate on each system; and
(2) each public question on each system.
As added by P.L.3-1987, SEC.356. Amended by P.L.221-2005, SEC.102.

IC 3-12-3.5-3 Certificates of vote result; use of verifiable paper audit trail

Sec. 3. (a) When paper vote total printouts have been obtained, the precinct election board
shall prepare certificates stating the number of votes that each candidate received for each
office and the votes on each public question by attaching the paper vote total printouts to
certificate forms supplied by the county election board.
(b) Each member of the board shall be given a copy of the certificate.
(c) If a precinct election board administers more than one (1) precinct, the board shall
keep the ballots cast in each precinct separate from ballots cast in any other precinct, so that
the votes cast for each candidate and on each public question in each of the precincts

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administered by the board may be determined.
(d) If a precinct or vote center uses a direct record electronic voting system that contains
a voter verifiable paper audit trail, the election board is not required to print out the paper
audit trail in preparing the certificates setting forth the number of votes prepared under
subsection (a).
(e) The certificates prepared under subsection (a) set forth the official votes cast by the
voters for a candidate or on a public question by the voters of the precinct. However, in a
recount or contest proceeding under IC 3-12-6, IC 3-12-8, IC 3-12-11, or IC 3-12-12, the
information set forth on the voter verifiable paper audit trail may be used as evidence for a
recount commission or a court to determine the votes cast for a candidate or on a public
question in the precinct.
As added by P.L.3-1987, SEC.356. Amended by P.L.230-2005, SEC.58; P.L.135-2020,
SEC.9.

IC 3-12-3.5-4 Delivery of certificates

Sec. 4. The inspector and judge of the opposite political party shall deliver the certificates
prepared under section 3 of this chapter and the list of voters to the county election board by
midnight on election day. However, if:
(1) an electronic voting system failed;
(2) the failure of the system was reported as required by this title;
(3) paper ballots were used in place of the system; and
(4) the use of the paper ballots caused a substantial delay in the vote counting process;
then the certificates, the list of voters, and the tally papers shall be delivered as soon as
possible.
As added by P.L.3-1987, SEC.356. Amended by P.L.3-1993, SEC.186.

IC 3-12-3.5-4.5 Securing and returning electronic poll books, voting systems to

county election board
Sec. 4.5. (a) This section does not apply to an electronic poll book or voting system
subject to an impoundment order issued by a court or a recount commission until the
impoundment order is rescinded.
(b) This subsection applies to an electronic poll book. The inspector and judge of the
opposite political party shall immediately deliver all electronic poll books from a precinct
polling location or vote center to the county election board with the other election material
described in IC 3-12-3-2(b). The county election board shall secure the electronic poll books
in accordance with the requirements of IC 3-11-15-46.
(c) This subsection applies to a voting system. At any time after the polls close on election
day:
(1) the county election board;
(2) teams consisting of at least two (2) individuals that:
(A) are designated by the county election board;
(B) are affiliated with a political party entitled to nominate an individual to serve as
an appointed member of the county election board; and
(C) have at least two (2) individuals on the team who are not members of the same
political party; or
(3) a commercial delivery entity operating under a contract with the county election
board;
shall return all voting systems from the polls for the precinct or from the vote centers to a
storage facility to be secured under IC 3-11-15-46.
(d) The county election board may not:
(1) designate any individual to serve on a team if the individual is:
(A) imprisoned;
(B) subject to lawful detention;

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 (C) on probation;
(D) on parole;
(E) subject to home detention; or
(F) placed in a community corrections program; or
(2) permit a commercial delivery entity to allow any individual who is:
(A) imprisoned;
(B) subject to lawful detention;
(C) on probation;
(D) on parole;
(E) subject to home detention; or
(F) placed in a community corrections program;
to have access to or return a voting system.
(e) If a county election board uses the teams or a commercial delivery entity described in
subsection (c), the board shall require that:
(1) two (2) members of each team who are not members of the same political party; or
(2) the commercial delivery entity;
execute a certificate setting forth the information set forth in subsection (f).
(f) The certificate required in subsection (e) must be signed by the two (2) members of
each team described in subsection (c) or by an individual authorized to act on behalf of the
commercial delivery entity described in subsection (c). The certificate must include the
following:
(1) That the voting systems remained in the custody and control of each individual
during the period beginning when the voting systems were received at the polls and
ending when the voting systems were returned to the location designated for securing
voting systems under IC 3-11-15-46.
(2) That no individual other than a team member or an individual acting on behalf of
the commercial delivery entity had access to any voting system.
(3) That an individual documented receipt of the voting system at the location when the
system was returned.
(4) The:
(A) written name and signature of the individual; and
(B) date that the voting system was delivered to the custody of that individual.
(g) Immediately upon any return of a voting system, the completed certificate must be
filed with the county election board.
As added by P.L.193-2021, SEC.91. Amended by P.L.227-2023, SEC.121.

IC 3-12-3.5-5 News media certificate

Sec. 5. Immediately upon completion of the vote count, each precinct election board shall
make and sign a certificate for the news media showing the total number of votes received
by each candidate in the precinct. The inspector and judge of the opposite political party shall
deliver the certificate to the circuit court clerk at the same time that the certificates, the list
of voters, and the tally papers are delivered under section 4 of this chapter. The circuit court
clerk immediately shall deliver the certificate made for the news media to any person
designated to receive the certificate by the editors of the newspapers published in the county
or by the managers of the radio and television stations operating in the county. The county
election board shall furnish each precinct election board with the forms on which the
certificates are to be prepared.
As added by P.L.3-1987, SEC.356.

IC 3-12-3.5-6 Vote count to continue to completion

Sec. 6. To minimize the delay in the counting of the vote, canvassing must begin
immediately upon the closing of the polls and continue without interruption until all the votes
are canvassed and all certificates of the vote required under section 3 of this chapter are

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completed and delivered to the persons entitled to receive the certificates.
As added by P.L.3-1987, SEC.356.

IC 3-12-3.5-7 Repealed
As added by P.L.3-1995, SEC.126. Repealed by P.L.193-2021, SEC.92.

IC 3-12-3.5-8 "Audit threshold number"; "judge"; determination of

disparity between number of votes and number of voters;
public meeting of county election board; audit and notice of
audit; secretary of state report
Sec. 8. (a) As used in this section, "audit threshold number" refers to the following
number:
(1) One (1), if the total number of votes cast, as determined under subsection (c), is not
more than twenty (20).
(2) Two (2), if the total number of votes cast, as determined under subsection (c), is:
(A) more than twenty (20); but
(B) not more than forty (40).
(3) Three (3), if the total number of votes cast, as determined under subsection (c), is:
(A) more than forty (40); but
(B) not more than sixty (60).
(4) Four (4), if the total number of votes cast, as determined under subsection (c), is:
(A) more than sixty (60); but
(B) not more than eighty (80).
(5) Five percent (5%) of the total number of votes cast, rounded up to the nearest whole
number, if the total number of votes cast, as determined under subsection (c), is:
(A) more than eighty (80); but
(B) not more than five hundred (500).
(6) Twenty-five (25), if the total number of votes cast, as determined under subsection
(c) is more than five hundred (500).
(b) As used in this section, "judge" refers only to the judge who is a member of a political
party other than the political party of the inspector.
(c) After each electronic voting system has been secured and the paper vote total printouts
obtained, the inspector and judge shall record the total number of:
(1) votes cast on all electronic voting systems located within the precinct; and
(2) voters who have received a ballot by signing in at the polls according to the poll
lists for each precinct;
to determine if the total number of votes cast on the electronic voting systems differs from
the number of voters shown to have received a ballot at the polls according to the poll lists.
(d) The inspector and judge shall record the information set forth in subsection (c) on a
form prescribed under IC 3-5-4-8 and provided to each precinct and vote center under
IC 3-11-3-10 by the county election board. The inspector and judge shall sign the form
before delivering the certificates in accordance with section 4 of this chapter and return the
form with the certificates.
(e) If the number of ballots received at the polls differs from the total number of voters
shown on the poll lists, the inspector and judge shall report this fact in writing to the county
election board together with the reasons for the discrepancy, if known, at the time that the
inspector and judge return the precinct poll list to the board on the form required under
subsection (d).
(f) The county election board shall compile the following information into a single
document listing for each precinct:
(1) The number of votes cast on the electronic voting systems in the precinct, as shown
on the form required for the precinct under subsection (d).
(2) The number of voters who cast ballots on the electronic voting systems as shown

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 on the form required for the precinct under subsection (d).
(3) The number of absentee ballots returned by voters of the precinct.
(4) The number of absentee ballots described in subdivision (3) that were counted.
(5) The difference between the number in subdivision (1) and the number in
subdivision (2).
Not later than noon on the second Friday following the election, the county election board
shall discuss and publish the document described in this subsection at a public hearing and
immediately make the document available for inspection and copying by any voter of the
county.
(g) If the number determined under subsection (f)(5) is greater than or equal to the audit
threshold number, then the county election board or the secretary of state may order an audit
of all the votes cast in that precinct under this section. Before ordering an audit, the county
election board shall recheck the computations reported by the inspector and judge under
subsection (c).
(h) The county election board shall confirm that the votes cast in an election:
(1) for each candidate and each public question; and
(2) on a direct record electronic voting system in the precinct;
were correctly counted.
(i) The county election board shall conduct an audit by means of tests and procedures that
are approved by the commission and independent of the provider of the direct record
electronic voting system being audited.
(j) The county election board shall certify the results of the audit not later than noon thirty
(30) days after the election. The certification must be on the form prescribed by the election
division. One (1) copy shall be filed with the election returns, and one (1) copy must be
delivered to the election division.
(k) Public notice of the time and place of an audit shall be given at least forty-eight (48)
hours before the audit. The notice shall be published once in accordance with IC 5-3-1-4.
However, if publication in accordance with IC 5-3-1-4 will not allow the county election
board to certify the results of the audit within thirty (30) days after the election, notice shall
be given by posting at or near the office of the county election board.
(l) Not later than ninety (90) days after each election in which an audit is conducted under
this section, the secretary of state shall publish a report stating whether the results of each
audit indicate that the discrepancy was the result of human error, intentional violations of
election laws, unknown causes, or a combination of these factors.
As added by P.L.64-2014, SEC.71. Amended by P.L.76-2014, SEC.55; P.L.169-2015,
SEC.148; P.L.210-2018, SEC.9.

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IC 3-12-4 Chapter 4. Canvassing Returns by County Election Board

3-12-4-1 Members of county election board to canvass votes in county

3-12-4-2 Repealed
3-12-4-3 Compensation of members of county election board
3-12-4-4 Employment of clerical assistants and write-in teams; nonpartisan student
assistants
3-12-4-5 Compensation of clerical assistants
3-12-4-5.5 Chapter establishes standards to define vote
3-12-4-6 Canvass of certificates, poll lists, and tally papers returned by inspectors;
providing room in courthouse
3-12-4-6.3 Entering of unofficial election results into computerized list beginning on
election night
3-12-4-6.5 Required use of a universal serial bus (USB) drive containing anti-malware
protection features or other approved data storage transfer methods to upload
unofficial election results
3-12-4-7 Counties over 300,000; providing of assembly room
3-12-4-8 Examination and comparison of certificates, poll lists, and tally sheets;
aggregating and tabulating vote for county and political subdivision
3-12-4-9 Declaration of candidate with highest vote count; tabulation of votes for public
question; certification of results
3-12-4-10 Statement prepared by circuit court clerk; contents; copy for candidate
3-12-4-11 Statement prepared by circuit court clerk; signature of county election board
3-12-4-12 Statement prepared by circuit court clerk; copies to county chairman of each
political party upon request
3-12-4-13 Delivery of canvass sheets, certificates, poll lists, and tally papers to circuit
court clerk
3-12-4-14 Tie votes
3-12-4-15 Conditions prohibiting rejection of certificates, poll lists, or tally papers;
return from precinct election board
3-12-4-16 Repealed
3-12-4-17 Repealed
3-12-4-18 Electronic voting systems; inspection of registering counter or other recording
device; filing notice of order with secretary of state; time
3-12-4-19 Electronic voting systems; place of inspection; presence of accredited
representative of each major political party
3-12-4-20 Electronic voting systems; comparison of number of votes registered on
counter with returns made by precinct election board
3-12-4-21 Electronic voting systems; discrepancy between number of votes registered
and returns made by precinct election board; correction
3-12-4-22 Contested election or nomination; recount; corrected returns as prima facie
evidence of vote
3-12-4-23 Tally papers

IC 3-12-4-1 Members of county election board to canvass votes in county

Sec. 1. The members of each county election board shall canvass the votes cast in the
county.
[Pre-1986 Recodification Citation: 3-1-25-8 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.187.

IC 3-12-4-2 Repealed
[Pre-1986 Recodification Citation: 3-1-25-9.]
As added by P.L.5-1986, SEC.8. Repealed by P.L.3-1993, SEC.282.

IC 3-12-4-3 Compensation of members of county election board

Sec. 3. The members of a county election board shall be compensated for their services
as canvassers in an amount to be fixed by the county executive.
[Pre-1986 Recodification Citation: 3-1-25-10 part.]

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As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.188.

IC 3-12-4-4 Employment of clerical assistants and write-in teams;

nonpartisan student assistants
Sec. 4. (a) Each county election board may employ clerical assistants if necessary for the
proper canvassing and tabulating of the vote. However, except as provided in subsection (d),
not more than one-half (1/2) of the assistants employed by the board may be members of the
same political party.
(b) The county election board shall appoint the number of two (2) member write-in teams
that are necessary to examine and count write-in votes cast on ballot card voting systems on
election night. The county chairmen of the two (2) major political parties of a county shall
each designate one (1) member of each write-in team. The write-in teams are considered
employees of the county canvassing board and must meet the qualifications of canvassing
board employees.
(c) Except as provided in subsection (d), a county election board may not employ a person
to assist with canvassing unless the person would be eligible to serve as a precinct election
officer under IC 3-6-6-7.
(d) The county election board may, by unanimous vote of the entire membership of the
board, employ a student to assist the board under this section if the student is:
(1) enrolled at a postsecondary educational institution (including a community college);
and
(2) a registered voter of the county.
A student appointed under this subsection must serve the board in a nonpartisan manner.
[Pre-1986 Recodification Citation: 3-1-25-10 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.4-1991, SEC.113; P.L.1-1992, SEC.5;
P.L.3-1993, SEC.189; P.L.209-2003, SEC.185; P.L.2-2007, SEC.16.

IC 3-12-4-5 Compensation of clerical assistants

Sec. 5. A county election board shall pay an assistant hired under section 4 of this chapter
a reasonable rate of compensation for the assistant's services.
[Pre-1986 Recodification Citation: 3-1-25-10 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.357; P.L.3-1993, SEC.190.

IC 3-12-4-5.5 Chapter establishes standards to define vote

Sec. 5.5. This chapter is enacted to comply with 52 U.S.C. 21081 by establishing uniform
and nondiscriminatory standards to define what will be counted as a vote on a paper ballot,
an optical scan voting system, or an electronic voting system by a county election board.
As added by P.L.209-2003, SEC.186. Amended by P.L.128-2015, SEC.212.

IC 3-12-4-6 Canvass of certificates, poll lists, and tally papers returned by

inspectors; providing room in courthouse
Sec. 6. (a) At 6 p.m. on each election day, the county election board shall assemble in a
room to canvass the certificates, poll lists, and tally papers returned by each inspector in the
county and to declare the results of the election as provided in this chapter.
(b) The canvassing must be performed in public under IC 5-14-1.5. However, the board
may restrict access to parts of the room where election material is being handled or
transported to safeguard the material.
(c) Except as provided in section 7 of this chapter, the county executive shall provide a
room in the courthouse that contains adequate space to permit members of the public to
witness the canvassing of votes.
[Pre-1986 Recodification Citation: 3-1-25-8 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.191.

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IC 3-12-4-6.3 Entering of unofficial election results into computerized list
beginning on election night
Sec. 6.3. (a) Beginning at 8 p.m. prevailing local time on election day, and at least once
every one hundred twenty (120) minutes until midnight prevailing local time, the county
election board shall enter unofficial results for offices elected by all voters of the state and
for legislative offices canvassed by the county election board under this chapter into the
computerized list as those unofficial results are tabulated.
(b) The county:
(1) may continue entering unofficial results after midnight; and
(2) shall resume entry of any remaining unofficial results beginning at 9 a.m. prevailing
local time on the day after election day and continue entering these results at least once
every sixty (60) minutes until the entry of unofficial results is completed.
As added by P.L.193-2021, SEC.93.

IC 3-12-4-6.5 Required use of a universal serial bus (USB) drive containing

anti-malware protection features or other approved data
storage transfer methods to upload unofficial election results
Sec. 6.5. (a) This section applies to a county that uploads unofficial precinct level results
from a direct record electronic voting system to the computerized list before the county
certifies the official results of the election under IC 3-12-5.
(b) The county must use a universal serial bus (USB) drive that contains anti-malware
protection features approved by VSTOP or another data storage transfer method approved
by VSTOP.
As added by P.L.135-2020, SEC.10.

IC 3-12-4-7 Counties over 300,000; providing of assembly room

Sec. 7. In each county having a population of more than three hundred thousand
(300,000), the county executive shall, upon the written request and order of the judge of the
circuit court of the county and at least ten (10) days before the election, provide a suitable
assembly room for the county election board other than a room in the courthouse.
[Pre-1986 Recodification Citation: 3-1-25-8 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.12-1992, SEC.12; P.L.3-1993, SEC.192.

IC 3-12-4-8 Examination and comparison of certificates, poll lists, and tally

sheets; aggregating and tabulating vote for county and political
subdivision
Sec. 8. The county election board shall:
(1) carefully examine and compare the certificates, poll lists, and tally sheets; and
(2) aggregate and tabulate from the papers entrusted to it the vote for the county and
each political subdivision, as appropriate.
[Pre-1986 Recodification Citations: 3-1-18-3 part; 3-1-25-11 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.193.

IC 3-12-4-9 Declaration of candidate with highest vote count; tabulation of

votes for public question; certification of results
Sec. 9. (a) This subsection applies to:
(1) a local or school board office with an election district located entirely within one
(1) county, except for an office for which a declaration of candidacy is filed with the
election division under IC 3-8-2; and
(2) a political party office, such as precinct committeeman or state convention delegate,
elected at a primary election.
After the county election board has tabulated the vote, the board shall declare the candidate
receiving the highest number of votes for each office to be elected.

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 (b) The county election board shall tabulate the votes cast for and against each local
public question placed on the ballot by the county election board under IC 3-10-9-2 and, if
the local public question is placed on the ballot only in that county, declare the public
question approved or rejected.
(c) The county election board shall tabulate the votes cast for and against each public
question voted on by the electorate of the whole state.
(d) The board shall certify the election results in a statement prepared by the circuit court
clerk.
[Pre-1986 Recodification Citation: 3-1-18-3 part; 3-1-25-12.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.358; P.L.10-1988, SEC.128;
P.L.10-1992, SEC.24; P.L.3-1993, SEC.194; P.L.3-1997, SEC.342.

IC 3-12-4-10 Statement prepared by circuit court clerk; contents; copy for

candidate
Sec. 10. (a) The statement prepared under section 9 of this chapter must contain:
(1) the name of each candidate;
(2) the elected offices;
(3) the total number of votes received by each candidate;
(4) the total number of votes received by each candidate and cast for and against each
public question in each precinct; and
(5) the total number of votes cast at the election.
(b) Notwithstanding IC 33-37-5-1, upon request by a candidate, the circuit court clerk
shall prepare a copy of the statement for the candidate at a fee not to exceed twenty-five cents
($0.25) per page.
[Pre-1986 Recodification Citation: 3-1-25-11 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.7-1990, SEC.50; P.L.8-1992, SEC.30;
P.L.98-2004, SEC.38.

IC 3-12-4-11 Statement prepared by circuit court clerk; signature of county

election board
Sec. 11. Each member of the county election board shall sign the statement prepared by
the circuit court clerk under section 9 of this chapter.
[Pre-1986 Recodification Citation: 3-1-25-11 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.195.

IC 3-12-4-12 Statement prepared by circuit court clerk; copies to county

chairman of each political party upon request
Sec. 12. After the county election board certifies the election results under section 9 of
this chapter, the circuit court clerk shall furnish, upon request, to the county chairman of each
political party a copy of the statement.
[Pre-1986 Recodification Citation: 3-1-25-11 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.196; P.L.3-1995, SEC.127;
P.L.221-2005, SEC.103; P.L.76-2014, SEC.56.

IC 3-12-4-13 Delivery of canvass sheets, certificates, poll lists, and tally

papers to circuit court clerk
Sec. 13. After the county election board has tabulated the vote:
(1) the canvass sheets used by the board; and
(2) the certificates, poll lists, and tally papers returned by each inspector in the county;
shall be delivered to the circuit court clerk. The clerk shall file and preserve all the material
in the clerk's office as provided in IC 3-10-1-31.1.
[Pre-1986 Recodification Citations: 3-1-5-12 part; 3-1-18-3 part; 3-1-25-11 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.197; P.L.199-2001, SEC.26;

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P.L.14-2004, SEC.159; P.L.193-2021, SEC.94.

IC 3-12-4-14 Tie votes

Sec. 14. If two (2) or more candidates receive the highest and an equal number of votes
for a local office, the county election board shall:
(1) declare that no person is elected to fill the office; and
(2) certify the tie vote in the statement prepared by the circuit court clerk under section
9 of this chapter.
[Pre-1986 Recodification Citation: 3-1-25-13.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.198.

IC 3-12-4-15 Conditions prohibiting rejection of certificates, poll lists, or

tally papers; return from precinct election board
Sec. 15. A county election board may not reject the certificates, poll lists, or tally papers
returned from a precinct election board:
(1) for lack of form or for not being strictly in accordance with the directions contained
in this title if the certificates can be satisfactorily understood; or
(2) if the returns are certified by the precinct election board as required by IC 3-12-2-6,
IC 3-12-3-2, and IC 3-12-3.5-6 and returned by the inspector or one (1) of the judges
of the board.
[Pre-1986 Recodification Citation: 3-1-25-14.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.359; P.L.3-1993, SEC.199;
P.L.221-2005, SEC.104.

IC 3-12-4-16 Repealed
[Pre-1986 Recodification Citation: 3-1-25-15 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.200; P.L.84-2016, SEC.10.
Repealed by P.L.193-2021, SEC.95.

IC 3-12-4-17 Repealed
[Pre-1986 Recodification Citation: 3-1-25-15 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.201; P.L.84-2016, SEC.11.
Repealed by P.L.193-2021, SEC.96.

IC 3-12-4-18 Electronic voting systems; inspection of registering counter or

other recording device; filing notice of order with secretary of
state; time
Sec. 18. If electronic voting systems are used in a precinct, the county election board may,
upon the adoption of an order by unanimous vote of the entire membership of the board,
inspect the registering counter or other recording device on any electronic voting system
showing the number of votes cast for any candidate or public question. The board may
conduct an inspection, after filing notice of the order authorizing the inspection with the
secretary of state, either before the board proceeds to count and tabulate the vote or within
one (1) day after the count and tabulation are finished.
[Pre-1986 Recodification Citation: 3-1-25-19 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.360; P.L.3-1993, SEC.202;
P.L.221-2005, SEC.105; P.L.194-2013, SEC.76.

IC 3-12-4-19 Electronic voting systems; place of inspection; presence of

accredited representative of each major political party
Sec. 19. To inspect an electronic voting system under section 18 of this chapter, the
county election board may proceed to any place in the county where the system is located,
kept, or stored. However, the board shall make the inspection in the presence of an accredited

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representative of each of the major political parties of the county.
[Pre-1986 Recodification Citation: 3-1-25-19 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.361; P.L.3-1993, SEC.203;
P.L.221-2005, SEC.106.

IC 3-12-4-20 Electronic voting systems; comparison of number of votes

registered on counter with returns made by precinct election
board
Sec. 20. When making an inspection under section 18 of this chapter, a county election
board shall compare the number of votes registered on the counter or other recording device
on the electronic voting systems with the returns made by the precinct election board of the
precinct in which the electronic voting system was used.
[Pre-1986 Recodification Citation: 3-1-25-19 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.362; P.L.3-1993, SEC.204;
P.L.221-2005, SEC.107.

IC 3-12-4-21 Electronic voting systems; discrepancy between number of

votes registered and returns made by precinct election board;
correction
Sec. 21. If there is a discrepancy between the number of votes registered on an electronic
voting system and the returns made by the precinct election board, the county election board
shall correct the returns made by the precinct election board so that the returns conform to
the vote registered on the electronic voting system. The corrected returns shall be considered
the true and correct returns of the number of votes cast for each candidate or on each public
question in the precinct.
[Pre-1986 Recodification Citation: 3-1-25-19 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.363; P.L.3-1993, SEC.205;
P.L.221-2005, SEC.108.

IC 3-12-4-22 Contested election or nomination; recount; corrected returns

as prima facie evidence of vote
Sec. 22. If a nomination or election is contested or a recount is conducted, the returns of
each precinct election board, as corrected by the county election board under section 21 of
this chapter, constitute prima facie evidence of the vote cast for each candidate and on each
public question to the same extent as the tabulation and return of the vote in a precinct where
electronic voting systems are not used.
[Pre-1986 Recodification Citation: 3-1-25-19 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.364; P.L.10-1988, SEC.129;
P.L.3-1993, SEC.206; P.L.221-2005, SEC.109.

IC 3-12-4-23 Tally papers

Sec. 23. The county election board shall have tally papers printed for use in tabulating the
vote at each election held under its jurisdiction. The tally papers must:
(1) contain the name of each office and candidate to be voted for at an election;
(2) provide for tallying the votes on each public question submitted to the voters; and
(3) list political parties and candidates in the same order on the tally sheet as listed on
the ballot printed by the county election board under IC 3-11-2-6.
[Pre-1986 Recodification Citation: 3-1-25-20.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.207; P.L.3-1997, SEC.343.

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IC 3-12-5 Chapter 5. Certificates of Election and Commissions

3-12-5-1 Statements to election division as to certain election results; issuance of

certificate
3-12-5-1.5 Sending certified statements electronically; exceptions
3-12-5-2 Office not commissioned by governor; delivery of certificate of candidate's
election on demand
3-12-5-3 Unopposed candidate for local office; certification of candidate as if elected
3-12-5-4 Governor not to withhold commission because of defect or informality in
election return to election division
3-12-5-5 Governor and lieutenant governor; certified statements; transmission of
statements
3-12-5-6 Certified statement of number of votes for each candidate
3-12-5-7 Tabulation of number of votes cast for each candidate
3-12-5-8 Amendments to certified statements; preparation of commission and
transmittal to certified candidates
3-12-5-9 Candidates for United States Senator and United States Representative;
tabulation of votes cast for each candidate; certificates of election
3-12-5-10 Candidate for United States Senator and United States Representative;
transmission of certificate of election; seal and attestation
3-12-5-11 Preparation of certified statement of number of votes received by candidate for
legislative office in county; transmittal to election division
3-12-5-12 Election division to total statements from district and prepare and transmit
certificate of election; tie votes
3-12-5-13 Estimating, aggregating, and tabulating total number of votes evidenced by
face of certified statement
3-12-5-14 Correction of error in certification of vote
3-12-5-15 Failure or refusal to correct error; civil action to enforce duty to make
correction
3-12-5-16 Certificate of election; issuance
3-12-5-17 Repealed
3-12-5-18 Filling vacancy created by reelected local office holder who dies or is
disqualified before new term of office begins

IC 3-12-5-1 Statements to election division as to certain election results;

issuance of certificate
Sec. 1. (a) Whenever a candidate is elected to a local office that is commissioned by the
governor under IC 4-3-1-5, the circuit court clerk shall prepare a statement specifying the
number of votes received by each candidate for that office.
(b) The statement prepared under subsection (a) must also include the number of votes
cast for and against the following:
(1) The ratification of a state constitutional amendment submitted to the electorate.
(2) The retention of a justice of the supreme court or a judge of the court of appeals or
tax court.
(3) Each candidate who was declared elected by the county election board under
IC 3-12-4-9.
(c) The clerk shall transmit under section 1.5 of this chapter the statement to the election
division not later than noon on the second Monday following election day.
(d) The election division shall tabulate the votes received under this section. Not later
than the third Friday after the election, the secretary of state shall issue a certificate certifying
the following:
(1) Each state constitutional amendment ratified or rejected.
(2) Each justice or judge retained or removed.
(e) The election division shall provide a copy of a certificate described by:
(1) subsection (d)(1) to the chief justice of the Indiana supreme court and the director
of the office of code revision of the legislative services agency; and
(2) subsection (d)(2) to the chief justice of the state.

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 (f) The election division shall provide a copy of all statements received under this section
to the office.
[Pre-1986 Recodification Citation: 3-1-26-1 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.365; P.L.5-1988, SEC.10;
P.L.4-1991, SEC.114; P.L.3-1993, SEC.208; P.L.3-1997, SEC.344; P.L.212-2001, SEC.22;
P.L.221-2005, SEC.110; P.L.278-2019, SEC.143.

IC 3-12-5-1.5 Sending certified statements electronically; exceptions

Sec. 1.5. (a) This section applies to a statement required to be transmitted to the election
division by a circuit court clerk under this chapter.
(b) A statement described in subsection (a) shall be sent by using the computerized list
established under IC 3-7-26.3 unless the election division authorizes the use of an alternative
method for transmitting the certificate. A statement sent under this section complies with any
requirement for the statement to be certified or sealed.
As added by P.L.209-2003, SEC.187. Amended by P.L.278-2019, SEC.144.

IC 3-12-5-2 Office not commissioned by governor; delivery of certificate of

candidate's election on demand
Sec. 2. (a) Whenever a candidate is elected:
(1) to a local or school board office other than:
(A) one for which a town clerk-treasurer issues a certificate of election under
IC 3-10-7-34; or
(B) one commissioned by the governor under IC 4-3-1-5; or
(2) a precinct committeeman or state convention delegate;
the circuit court clerk shall, when permitted under section 16 of this chapter, prepare and
deliver to the candidate on demand a certificate of the candidate's election.
(b) This subsection applies to a local or school board office described in subsection (a)
with an election district located in more than one (1) county and a local public question
placed on the ballot in more than one (1) county. The circuit court clerk of the county that
contains the greatest percentage of the population of the election district shall, upon demand
of the candidate or a person entitled to request a recount of the votes cast on a public
question under IC 3-12-12:
(1) obtain the certified statement of the votes cast for that office or on that question that
was prepared under IC 3-12-4-9 from the circuit court clerk in each other county in
which the election district is located;
(2) tabulate the total votes cast for that office or on that question as shown on the
certified statement of each county in the election district; and
(3) issue a certificate of election to the candidate when permitted under section 16 of
this chapter or a certificate declaring the local public question approved or rejected.
[Pre-1986 Recodification Citations: 3-1-18-3 part; 3-1-26-1 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.366; P.L.10-1988, SEC.130;
P.L.3-1989, SEC.12; P.L.10-1992, SEC.25; P.L.38-1999, SEC.58.

IC 3-12-5-3 Unopposed candidate for local office; certification of candidate

as if elected
Sec. 3. Whenever a candidate for a local office described in section 2 of this chapter is
unopposed, the circuit court clerk shall, upon demand of the candidate, certify the candidate
in the same manner as if elected to the office.
[Pre-1986 Recodification Citation: 3-1-26-1 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.367.

IC 3-12-5-4 Governor not to withhold commission because of defect or

informality in election return to election division

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 Sec. 4. The governor may not withhold a commission because of a defect or informality
in an election return to the election division if it can be determined with reasonable certainty
from the return what office is intended and who is entitled to the commission.
[Pre-1986 Recodification Citation: 3-1-26-2.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1997, SEC.345.

IC 3-12-5-5 Governor and lieutenant governor; certified statements;

transmission of statements
Sec. 5. (a) Not later than noon on the second Monday following an election for governor
and lieutenant governor, each circuit court clerk shall prepare a certified statement showing
the number of votes each candidate received. The clerk shall transmit the statement to the
election division in accordance with section 1.5 of this chapter. The election division shall
deliver:
(1) the statement to the speaker of the house of representatives before the date
described in subsection (b); and
(2) a copy of each statement to the office.
(b) The house of representatives and the senate shall meet in joint convention not later
than the date specified in Article 5, Section 9 of the Constitution of the State of Indiana for
the commencement of the term of the governor and the lieutenant governor to hear the
canvass of votes cast for governor and lieutenant governor.
(c) The joint convention shall act to resolve any:
(1) tie vote, as required under Article 5, Section 5 of the Constitution of the State of
Indiana; or
(2) contest under Article 5, Section 6 of the Constitution of the State of Indiana.
(d) The joint rules that governed the house of representatives and senate before the
general election govern the joint convention until those rules are amended as provided in
those rules.
(e) After resolving any tie or contest, the presiding officer of the joint convention shall
certify to the convention that the individuals receiving the most votes according to the
canvass have been elected governor and lieutenant governor.
[Pre-1986 Recodification Citation: 3-1-26-10.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.368; P.L.3-1993, SEC.209;
P.L.4-1995, SEC.13; P.L.3-1997, SEC.346; P.L.212-2001, SEC.23; P.L.221-2005, SEC.111;
P.L.278-2019, SEC.145.

IC 3-12-5-6 Certified statement of number of votes for each candidate

Sec. 6. (a) Not later than noon on the second Monday following an election, each circuit
court clerk shall prepare a certified statement under the clerk's seal of the number of votes
received by each candidate for:
(1) federal office;
(2) state office;
(3) legislative office; and
(4) a local office for which a declaration of candidacy must be filed with the election
division under IC 3-8-2.
(b) The clerk shall transmit the statements to the election division in accordance with
section 1.5 of this chapter.
(c) The election division shall provide a copy of each statement to the office.
[Pre-1986 Recodification Citation: 3-1-26-6.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.369; P.L.3-1993, SEC.210;
P.L.3-1997, SEC.347; P.L.212-2001, SEC.24; P.L.221-2005, SEC.112; P.L.278-2019,
SEC.146.

IC 3-12-5-7 Tabulation of number of votes cast for each candidate

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 Sec. 7. Upon receipt of the certified statements from the circuit court clerks under section
6 of this chapter and not later than noon of the last Tuesday in November, the election
division shall tabulate the number of votes cast for each candidate for:
(1) presidential electors and alternate presidential electors;
(2) a state office other than governor and lieutenant governor; and
(3) a local office for which a declaration of candidacy must be filed with the election
division under IC 3-8-2.
Immediately following the election division's tabulation, the secretary of state shall certify
to the governor the candidate receiving the highest number of votes for each office.
[Pre-1986 Recodification Citation: 3-1-26-8 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.211; P.L.3-1997, SEC.348;
P.L.201-2017, SEC.37.

IC 3-12-5-8 Amendments to certified statements; preparation of

commission and transmittal to certified candidates
Sec. 8. (a) If, not later than the final date and hour for filing a recount or contest petition
under IC 3-12, a circuit court clerk files a correction with the election division that amends
a certified statement under section 6 of this chapter and the amendment results in a different
candidate receiving the highest number of votes for an office, the election division shall
immediately notify the governor and the office of the amendment.
(b) If no errors are found by the final date and hour for filing a recount or contest under
IC 3-12 and not later than noon on the first Tuesday in December following the election, the
governor shall prepare the candidate's commission for each candidate certified under section
7 of this chapter.
(c) Immediately upon preparing the commissions under subsection (b), the governor shall
deliver the commissions to the election division. Not later than the second Tuesday in
December, the election division shall transmit the commission to each candidate at the
address set forth in the declaration of candidacy filed with the division, or to any more recent
address furnished to the division by the candidate.
[Pre-1986 Recodification Citation: 3-1-26-8 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1997, SEC.349; P.L.212-2001, SEC.25.

IC 3-12-5-9 Candidates for United States Senator and United States

Representative; tabulation of votes cast for each candidate;
certificates of election
Sec. 9. (a) Upon receipt of the certified statements from the circuit court clerks under
section 6 of this chapter, the election division shall:
(1) tabulate the number of votes cast for each candidate for United States Senator and
United States Representative; and
(2) prepare a certificate of election for the secretary of state to transmit to:
(A) the governor for signature and certification to the secretary of the United States
Senate, setting forth the name of the candidate receiving the highest number of votes
for the office of United States Senator, in the manner required by 2 U.S.C. 1; and
(B) the clerk of the United States House of Representatives, setting forth the name
of each candidate receiving the highest number of votes for United States
Representative, in the manner required by 2 U.S.C. 26.
(b) The secretary of state shall promptly execute the certificate prepared under subsection
(a)(2)(A) and transmit the certificate to the governor. The governor shall promptly execute
the certificate and transmit the certificate to the election division for attestation by the
secretary of state and transmission to the secretary of the United States Senate.
(c) The secretary of state shall promptly execute the certificate prepared under subsection
(a)(2)(B) and transmit the certificate to the clerk of the United States House of
Representatives.

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 [Pre-1986 Recodification Citation: 3-1-26-9 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1997, SEC.350; P.L.176-1999, SEC.93.

IC 3-12-5-10 Candidate for United States Senator and United States

Representative; transmission of certificate of election; seal and
attestation
Sec. 10. The election division shall transmit to each candidate certified under section 9
of this chapter an original copy of the certificate of election. The secretary of state shall seal
and attest the certificate of election.
[Pre-1986 Recodification Citation: 3-1-26-9 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.176-1999, SEC.94.

IC 3-12-5-11 Preparation of certified statement of number of votes received

by candidate for legislative office in county; transmittal to
election division
Sec. 11. (a) As soon as practical, but no later than noon on the second Monday following
an election for a legislative office, each circuit court clerk shall:
(1) prepare a certified statement specifying the number of votes received in the county
by each candidate for legislative office; and
(2) transmit the statement to the election division in accordance with section 1.5 of this
chapter.
(b) The election division shall provide a copy of each statement to the office.
[Pre-1986 Recodification Citation: 3-1-26-4 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.131; P.L.3-1993, SEC.212;
P.L.3-1997, SEC.351; P.L.212-2001, SEC.26; P.L.221-2005, SEC.113; P.L.278-2019,
SEC.147.

IC 3-12-5-12 Election division to total statements from district and prepare

and transmit certificate of election; tie votes
Sec. 12. (a) Upon receipt of the certified statements under section 11 of this chapter, the
election division shall:
(1) immediately total all certified statements from each senate and house district; and
(2) promptly prepare and transmit to the candidate receiving the highest number of
votes for each legislative office a certificate of the candidate's election.
(b) The secretary of state shall sign the certificates prepared by the election division under
subsection (a). However, if two (2) or more candidates receive the highest and an equal
number of votes according to the tabulation prepared by the election division, the secretary
of state shall immediately certify the tie vote to the governor.
[Pre-1986 Recodification Citations: 3-1-26-4 part; 3-1-26-5.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1997, SEC.352.

IC 3-12-5-13 Estimating, aggregating, and tabulating total number of votes

evidenced by face of certified statement
Sec. 13. The election division may not reject a certified statement received from a circuit
court clerk under section 6 or 11 of this chapter but shall estimate, aggregate, and tabulate
the total number of votes as evidenced by the face of each certified statement.
[Pre-1986 Recodification Citation: 3-1-26-9 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1997, SEC.353; P.L.278-2019, SEC.148.

IC 3-12-5-14 Correction of error in certification of vote

Sec. 14. (a) This section does not apply to the correction of an error under IC 3-12-6-29
or IC 3-12-11-23.
(b) The county election board or the election division shall correct an error in the

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certification of the vote for a candidate or on a public question if the error is discovered not
later than the final date and hour for the filing of a recount or contest under this article.
[Pre-1986 Recodification Citation: 3-1-26-7 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.4-1991, SEC.115; P.L.3-1997, SEC.354;
P.L.66-2003, SEC.44.

IC 3-12-5-15 Failure or refusal to correct error; civil action to enforce duty

to make correction
Sec. 15. If a circuit court clerk or the election division fails or refuses to correct an error
as required by section 14 of this chapter, then any voter may bring a civil action to enforce
the duty to make the correction. A civil action under this section must be brought:
(1) not later than noon five (5) days after the expiration of the period allowed for
making corrections; and
(2) in the circuit or superior court of Marion County (if the action is brought against the
election division) or the county where the public official making the erroneous
certification resides (if the action is brought against a circuit court clerk).
[Pre-1986 Recodification Citation: 3-1-26-7 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.132; P.L.3-1997, SEC.355.

IC 3-12-5-16 Certificate of election; issuance

Sec. 16. A certificate of election may not be issued until the period allowed under section
14 of this chapter for the discovery and correction of errors has expired.
[Pre-1986 Recodification Citation: 3-1-26-7 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.38-1999, SEC.59.

IC 3-12-5-17 Repealed
[Pre-1986 Recodification Citation: 3-2-7-7.]
As added by P.L.5-1986, SEC.8. Repealed by P.L.3-1993, SEC.282.

IC 3-12-5-18 Filling vacancy created by reelected local office holder who

dies or is disqualified before new term of office begins
Sec. 18. (a) This section applies if the individual:
(1) holds a local office;
(2) is elected to another term in that office; and
(3) dies or is otherwise disqualified to serve in the office before the date that the
individual's next term is scheduled by law to begin.
(b) Upon notice of the death or disqualification being given to the person or entity
provided to receive notice of the death of an officeholder under IC 5-8-6, the vacancy shall
be filled in accordance with IC 3-13.
As added by P.L.227-2023, SEC.122.

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IC 3-12-6 Chapter 6. Recount Procedures for Nomination for and
Election to Local and School Board Offices

3-12-6-1 Right of recount; local or school board offices

3-12-6-1.2 Chapter establishes standards to define vote
3-12-6-1.5 Chapter applicable to elections for political party offices
3-12-6-2 Petition for recount; filing
3-12-6-2.5 Petition for recount; filing fee; cause number
3-12-6-3 Petition for recount; content
3-12-6-4 Cross-petition for recount; filing
3-12-6-5 Failure to file cross-petition or answer to petition for recount
3-12-6-6 Cross-petition for recount; contents
3-12-6-7 Amendment of petition or cross-petition
3-12-6-8 Petition for recount; joinder; consolidation; exception; transfer
3-12-6-9 Notice of filing of petition for recount and pendency of petition of each
candidate named in petition; service of notice; return of service
3-12-6-9.5 Disqualification of judge where recount involves court assuming jurisdiction
3-12-6-10 Petitioner's cash deposit or bond; filing; amounts; cost of recount; unexpended
balance
3-12-6-10.5 Petitioner's cash deposit; deposit in county general fund
3-12-6-11 Cross-petitioner's cash deposit or bond; cost of recount
3-12-6-12 Cost of recount when cash deposit not made
3-12-6-13 Repealed
3-12-6-13.5 Repealed
3-12-6-14 Order of recount and appointment of recount commission; conditions
3-12-6-15 Consolidated recount of votes
3-12-6-16 Recount commission; membership
3-12-6-17 Recount commission; compensation
3-12-6-17.5 Recount commission and other recount costs; payment from county general
fund
3-12-6-18 Certified copy of order to candidates; cost of mailing
3-12-6-19 Impoundment of election materials by court; recount commission orders;
copying election materials
3-12-6-19.5 Impounded materials; use of copies instead of originals
3-12-6-20 Court making impounded materials available to recount commission
3-12-6-21 Recount; place; expeditious completion; watchers; representatives; news
media; powers and duties of state recount commission
3-12-6-21.5 Ballot card voting systems; petition for manual count and tabulation of votes
3-12-6-21.7 Duties of recount commission
3-12-6-21.9 Recount; date of completion; extension of deadline
3-12-6-22 Recount; completion; certificate
3-12-6-22.5 Court issuance of order on commission certificate; finality of recount decision;
appeal
3-12-6-23 Recount certificate; effect; prima facie evidence of votes cast
3-12-6-24 Repealed
3-12-6-25 Repealed
3-12-6-26 Repealed
3-12-6-27 Votes cast in more than one county; difference between recount certificate and
county election board tabulation; correction of certificate
3-12-6-28 Transmittal of certificate showing votes cast
3-12-6-29 Tabulation of vote in accordance with certificate
3-12-6-30 Single county nominations or elections; differences between votes shown by
recount certificate and votes tabulated by county board; certificate of corrected
vote total
3-12-6-31 Single county nominations or elections; transmittal of certificate showing
corrected vote total
3-12-6-32 Certificate of nomination, election, or commission for office
3-12-6-33 Vacation of office by person in possession

IC 3-12-6-1 Right of recount; local or school board offices

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 Sec. 1. (a) Any candidate for nomination or election to a local or school board office is
entitled to have the votes cast for that office recounted under this chapter.
(b) If a candidate who is entitled to have the votes recounted under this chapter does not
file a petition within the period established by section 2 of this chapter, the county chairman
of a political party in the precinct in which the recount is desired may file a petition to have
the votes recounted. A county chairman is entitled to have the votes recounted only in a
partisan race.
(c) The right of recount may be exercised for one (1) or more of the precincts in which
votes were cast for the office.
[Pre-1986 Recodification Citations: 3-1-27-1; 3-1-27-2.]
As added by P.L.5-1986, SEC.8. Amended by P.L.7-1986, SEC.5; P.L.10-1988, SEC.133;
P.L.4-1996, SEC.73.

IC 3-12-6-1.2 Chapter establishes standards to define vote

Sec. 1.2. This chapter is enacted to comply with 52 U.S.C. 21081 by establishing uniform
and nondiscriminatory standards to define what will be counted as a vote on a paper ballot,
an optical scan voting system, or an electronic voting system in a recount conducted under
this chapter.
As added by P.L.209-2003, SEC.188. Amended by P.L.128-2015, SEC.213.

IC 3-12-6-1.5 Chapter applicable to elections for political party offices

Sec. 1.5. A candidate for election to precinct committeeman or state convention delegate
is entitled to have the votes cast for that office recounted under this chapter. The political
party of the candidate, in accordance with any applicable party rules, determines the winner
of an election to a political party office.
As added by P.L.3-1997, SEC.356. Amended by P.L.40-2001, SEC.1.

IC 3-12-6-2 Petition for recount; filing

Sec. 2. (a) A candidate who desires a recount of votes must file a verified petition no later
than noon fourteen (14) days after election day.
(b) A county chairman who is entitled to and desires a recount of votes must file a verified
petition not later than noon seventeen (17) days after election day.
(c) The petition must be filed in the circuit or superior court of each county in which is
located a precinct in which the individual desires a recount.
[Pre-1986 Recodification Citation: 3-1-27-3 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.370; P.L.10-1988, SEC.134;
P.L.4-1996, SEC.74; P.L.221-2005, SEC.114.

IC 3-12-6-2.5 Petition for recount; filing fee; cause number

Sec. 2.5. Upon the filing of a petition under section 2 of this chapter, the circuit court
clerk shall:
(1) require payment of the filing fee under IC 33-37; and
(2) assign the petition a cause number as a miscellaneous civil action.
As added by P.L.3-1997, SEC.357. Amended by P.L.98-2004, SEC.39.

IC 3-12-6-3 Petition for recount; content

Sec. 3. Each petition filed under section 2 of this chapter must state the following:
(1) The office for which the petitioner desires a recount.
(2) The precincts within the county in which the petitioner desires a recount.
(3) That the petitioner is entitled to a recount under section 1 of this chapter.
(4) That the nomination or office was voted upon in the precincts specified.
(5) The name of each candidate for the nomination or office as set forth on the ballot
for the election and the address of each candidate for nomination or election to the

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 office as set forth in the records of the county election board or election division.
(6) That the petitioner in good faith believes that the votes cast for nomination or
election to the office at the election in the precincts were not correctly counted and
returned.
(7) That the petitioner desires a recount of all of the votes cast for nomination or
election to the office in the precincts specified.
[Pre-1986 Recodification Citation: 3-1-27-5 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.135; P.L.4-1996, SEC.75;
P.L.176-1999, SEC.95.

IC 3-12-6-4 Cross-petition for recount; filing

Sec. 4. A candidate who is nominated or elected to an office at an election on the face of
the election returns may file a verified cross-petition for a recount no later than noon
twenty-one (21) days after election day. If a petition for a recount is filed for an office for
which voters in more than one (1) county vote, a cross-petition for a recount may be filed in
a county other than the one in which the first petition was filed.
[Pre-1986 Recodification Citation: 3-1-27-3 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.371; P.L.10-1988, SEC.136;
P.L.4-1996, SEC.76; P.L.164-2006, SEC.126.

IC 3-12-6-5 Failure to file cross-petition or answer to petition for recount

Sec. 5. The failure to file either a cross-petition or an answer to a petition for a recount
does not:
(1) constitute an admission of the truth of the allegations of the petition; or
(2) imply a presumption in favor of the petition.
[Pre-1986 Recodification Citation: 3-1-27-3 part.]
As added by P.L.5-1986, SEC.8.

IC 3-12-6-6 Cross-petition for recount; contents

Sec. 6. Each cross-petition filed under section 4 of this chapter must state the following:
(1) The office for which the cross-petitioner desires a recount.
(2) The precincts within the county in which the cross-petitioner desires a recount.
(3) That the cross-petitioner was a candidate at the election for nomination or election
to the office and that the nomination or office was voted upon in the precincts specified.
(4) The name and address of the cross-petitioner's opposing candidate or candidates.
(5) That the cross-petitioner in good faith believes that the votes cast for nomination
or election to the office at the election in the precincts were not correctly counted and
returned.
(6) That the cross-petitioner desires a recount of all of the votes cast for nomination or
election to the office in the precincts specified.
[Pre-1986 Recodification Citation: 3-1-27-6 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.137.

IC 3-12-6-7 Amendment of petition or cross-petition

Sec. 7. (a) Except as provided in subsection (b), the court in which a petition or
cross-petition is filed may allow the petition or cross-petition to be amended at any time upon
the terms and conditions that the court orders.
(b) The court may not allow a petition or cross-petition to be amended following the
deadline for filing a petition or cross-petition under this chapter if the petition or
cross-petition as originally filed:
(1) failed to comply with this chapter; or
(2) was not filed before the deadline specified in this chapter.
[Pre-1986 Recodification Citations: 3-1-27-5 part; 3-1-27-6 part.]

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As added by P.L.5-1986, SEC.8. Amended by P.L.176-1999, SEC.96.

IC 3-12-6-8 Petition for recount; joinder; consolidation; exception;

transfer
Sec. 8. (a) Two (2) or more candidates for nomination or election to the same or a
different office at the same election may join in a petition for a recount.
(b) Except as provided in subsection (d), if more than one (1) petition for a recount is
filed in a county no later than noon seven (7) days after election day, whether in the same
court of the county or not, the petitions shall be consolidated under the first petition filed. If
a transfer of petitions from one (1) court of the county to another court of the county is
necessary to effect the consolidation, then the court in which the subsequent petitions were
filed shall order the transfer.
(c) If more than one (1) petition for a recount is filed for an office in more than one (1)
county, the circuit court, superior court, or probate court for the county casting, on the face
of the election returns, the highest number of votes for the office shall assume jurisdiction
over all petitions and cross-petitions concerning the office. If a transfer of petitions or
cross-petitions from one (1) court to another is necessary to effect the consolidation in the
circuit court, superior court, or probate court, then any other court in which a petition or
cross-petition was filed shall order the transfer.
(d) A petition for a recount filed for an election in different municipalities, whether in the
same court of the county or not, may not be consolidated.
[Pre-1986 Recodification Citation: 3-1-27-4.]
As added by P.L.5-1986, SEC.8. Amended by P.L.7-1986, SEC.6; P.L.3-1987, SEC.372;
P.L.10-1988, SEC.138; P.L.8-1992, SEC.31; P.L.84-2016, SEC.12.

IC 3-12-6-9 Notice of filing of petition for recount and pendency of petition

of each candidate named in petition; service of notice; return
of service
Sec. 9. (a) Upon the filing of a petition for a recount, the circuit court clerk shall notify
the judge. The judge shall:
(1) issue a notice of the filing and pendency of the petition to:
(A) each candidate named in the petition;
(B) the county election board; and
(C) the election division if the petition relates to a recount for the office of judge or
prosecuting attorney; and
(2) deliver the notice to the sheriff of each county in which a candidate resides.
(b) Each sheriff shall immediately serve the notice upon candidates in person or by
leaving a copy at the last and usual place of residence. The sheriff shall make immediate
return of the service.
[Pre-1986 Recodification Citation: 3-1-27-7.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.139; P.L.4-1996, SEC.77;
P.L.66-2003, SEC.45.

IC 3-12-6-9.5 Disqualification of judge where recount involves court

assuming jurisdiction
Sec. 9.5. If a recount involves the nomination or election of the judge of the court that
assumes jurisdiction over the recount and the regular judge of the court is a party to the
proceeding, then the regular judge is disqualified to act in any way in the proceeding except
to transfer a petition or cross-petition under section 8 of this chapter. The judge shall, within
three (3) days after the court assumes jurisdiction, certify the fact of disqualification to the
governor, who shall then appoint a special judge for the proceeding.
As added by P.L.10-1988, SEC.140.

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IC 3-12-6-10 Petitioner's cash deposit or bond; filing; amounts; cost of
recount; unexpended balance
Sec. 10. (a) Each petitioner shall furnish a cash deposit or file a bond with corporate
surety to the approval of the court for the payment of all costs of the recount. The minimum
amount of the cash deposit or bond is one hundred dollars ($100). The maximum amount of
the cash deposit or bond may not exceed the amount specified in subsection (b) or (c).
(b) This subsection applies if, on the face of the election returns, the difference between
the number of votes cast for the candidate nominated or elected and the petitioner is not more
than one percent (1%) of the total votes cast for all candidates for the nomination or office.
If the number of precincts to be recounted exceeds ten (10), the amount of the deposit or
bond shall be increased by ten dollars ($10) for each precinct in excess of ten (10).
(c) This subsection applies if, on the face of the election returns, the difference between
the number of votes cast for the candidate nominated or elected and the petitioner is more
than one percent (1%) of the total votes cast for all candidates for the nomination or office.
If the number of precincts to be recounted exceeds ten (10), the amount of the deposit or
bond shall be increased by one hundred dollars ($100) for each precinct in excess of ten (10).
(d) If a petition is joint, a joint bond may be furnished.
(e) The costs of a recount may include the following:
(1) Compensation of recount commissioners.
(2) Compensation of additional employees required to conduct the recount, including
overtime payments to regular employees who are eligible to receive such payments.
(3) Postage and telephone charges directly related to the recount.
(f) The costs of a recount may not include the following:
(1) General administrative costs.
(2) Security.
(3) Allowances for meals or lodging.
(g) If the recount results in a reduction of at least fifty percent (50%) but less than one
hundred percent (100%) of the margin of the total certified votes, the petitioner shall receive
a refund of that percentage of the unexpended balance. If after a recount, it is determined that
a petitioner has been nominated or elected, the deposit or the bond furnished by that
petitioner shall be returned to that petitioner in full.
(h) Any unexpended balance remaining in a deposit after payment of all costs of the
recount and the refund, if a refund is made, shall be deposited in the county general fund.
[Pre-1986 Recodification Citation: 3-1-27-8 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.8-1992, SEC.32; P.L.8-1995, SEC.54;
P.L.14-2004, SEC.160; P.L.194-2013, SEC.77.

IC 3-12-6-10.5 Petitioner's cash deposit; deposit in county general fund

Sec. 10.5. When a cash deposit is furnished under section 10 of this chapter, the circuit
court clerk shall deposit the cash in the county general fund.
As added by P.L.3-1997, SEC.358.

IC 3-12-6-11 Cross-petitioner's cash deposit or bond; cost of recount

Sec. 11. If a cross-petition is filed, each petitioner and cross-petitioner shall either furnish
a cash deposit or file a bond with corporate surety to the approval of the court for the
payment of each party's proportionate share of the cost of the recount. If a cross-petition is
joint, a joint bond may be furnished.
[Pre-1986 Recodification Citation: 3-1-27-8 part.]
As added by P.L.5-1986, SEC.8.

IC 3-12-6-12 Cost of recount when cash deposit not made

Sec. 12. (a) This section does not apply to a petitioner or a cross-petitioner who is
determined to have been nominated or elected after the recount.

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 (b) If a cash deposit was not made as required by section 10 or 11 of this chapter, the
petitioners shall pay to the circuit court clerk within ten (10) days after the recount is
completed all of the costs of the recount. However, if a cross-petition was filed, then each
cross-petitioner shall pay to the circuit court clerk within ten (10) days after the recount is
completed all of the costs of the recount in the precincts designated in the cross-petition. A
petitioner is not liable for the costs of a recount allocated to a cross-petitioner.
[Pre-1986 Recodification Citation: 3-1-27-17.]
As added by P.L.5-1986, SEC.8. Amended by P.L.8-1995, SEC.55.

IC 3-12-6-13 Repealed
[Pre-1986 Recodification Citation: 3-1-27-3 part.]
As added by P.L.5-1986, SEC.8. Repealed by P.L.7-1986, SEC.20.

IC 3-12-6-13.5 Repealed
As added by P.L.3-1987, SEC.373. Repealed by P.L.10-1988, SEC.238.

IC 3-12-6-14 Order of recount and appointment of recount commission;

conditions
Sec. 14. The court shall grant the petitions and cross-petitions that have been filed and
order the recount of the votes in the precincts by appointing a recount commission upon:
(1) the filing of a petition and bond under this chapter;
(2) the expiration of the period under section 4 of this chapter for filing a cross-petition;
and
(3) proof of service of all notices.
[Pre-1986 Recodification Citation: 3-1-27-9 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.374.

IC 3-12-6-15 Consolidated recount of votes

Sec. 15. If there is a consolidation of petitions and cross-petitions, the court shall by
consolidated order grant the consolidated petitions and cross-petitions and order a
consolidated recount of all votes in all precincts in the counties requested in the petitions and
cross-petitions.
[Pre-1986 Recodification Citation: 3-1-27-9 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.7-1986, SEC.7.

IC 3-12-6-16 Recount commission; membership

Sec. 16. (a) A recount commission consists of three (3) persons.
(b) Two (2) members of the commission must be voters who:
(1) are members of different major political parties of the state; and
(2) were qualified to vote at the election in a county in which the election district for
the office is located.
(c) This subsection applies to a recount commission conducting a recount of an election
in which only paper ballots were used. The third member of the commission must be a person
who:
(1) is a member of a major political party of the state; and
(2) was qualified to vote at the election in the election district of the office.
(d) This subsection applies to a recount of an election in which a voting method other than
only paper ballots was used. The third member of the commission must be a competent
technician who is familiar with the ballot card voting systems or electronic voting systems
used in that election. The technician is not required to be qualified to vote at the election in
a county in which the election district for the office is located.
[Pre-1986 Recodification Citations: 3-1-27-9 part; 3-1-27-10 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.375; P.L.221-2005,

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SEC.115; P.L.194-2013, SEC.78; P.L.227-2023, SEC.123.

IC 3-12-6-17 Recount commission; compensation

Sec. 17. Each member of a recount commission is entitled to a per diem not to exceed one
hundred dollars ($100) for each day actually engaged in making the recount. The judge of
the court having jurisdiction over the recount shall fix the compensation paid under this
section.
[Pre-1986 Recodification Citation: 3-1-27-10 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.4-1991, SEC.116.

IC 3-12-6-17.5 Recount commission and other recount costs; payment from

county general fund
Sec. 17.5. (a) If the amount of the cash deposit or bond available under section 10 of this
chapter is not adequate to pay the compensation of the recount commission under section 17
of this chapter, a member of the recount commission is entitled to compensation from the
county general fund without appropriation, and upon submission of a claim for compensation
to the county executive.
(b) Any other cost of the recount that remains unpaid following the determination of the
recount commission and which cannot be recovered from the cash deposit or bond shall be
paid from the county general fund without appropriation.
As added by P.L.3-1997, SEC.359.

IC 3-12-6-18 Certified copy of order to candidates; cost of mailing

Sec. 18. On the day when the order of a recount is made and entered by the court, the
circuit court clerk shall send a certified copy of the order by certified mail to each candidate
named in the petition at the address stated in the petition. The clerk shall charge the cost of
mailing the order to the petitioner.
[Pre-1986 Recodification Citation: 3-1-27-12.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.376; P.L.4-1996, SEC.78.

IC 3-12-6-19 Impoundment of election materials by court; recount

commission orders; copying election materials
Sec. 19. (a) A court ordering a recount under this chapter shall by order impound and
provide for the protection of the following:
(1) All ballots and electronic voting systems used at the election for casting votes in the
precincts.
(2) All tally sheets relating to the votes cast for nomination or election to the office.
(3) All poll lists of persons registered by the poll clerks as having voted for nomination
or election to the office.
(b) An order issued by the state recount commission under IC 3-12-10 supersedes an
order issued by a court under this section to the extent that the orders conflict. The state
recount commission shall assist a court acting under this section to the extent that the ability
of the state recount commission to preserve the integrity of election records or equipment is
not hindered.
(c) An impoundment order issued under subsection (a) may not prevent a circuit court
clerk or board of registration from copying election material other than ballots if the clerk
or board copies the material under the supervision of a person designated by the court.
[Pre-1986 Recodification Citation: 3-1-27-13 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.377; P.L.10-1988, SEC.141;
P.L.221-2005, SEC.116.

IC 3-12-6-19.5 Impounded materials; use of copies instead of originals

Sec. 19.5. A circuit court clerk or board of registration may use a copy made under

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section 19 of this chapter instead of an original subject to an impoundment order under that
section until the court orders the release of the original.
As added by P.L.3-1987, SEC.378.

IC 3-12-6-20 Court making impounded materials available to recount

commission
Sec. 20. A court acting under section 19 of this chapter shall make the ballots, electronic
voting systems, tally sheets, and poll lists available to the recount commission appointed
under this chapter.
[Pre-1986 Recodification Citation: 3-1-27-13 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.379; P.L.221-2005, SEC.117.

IC 3-12-6-21 Recount; place; expeditious completion; watchers;

representatives; news media; powers and duties of state
recount commission
Sec. 21. (a) After a recount is ordered under section 14 of this chapter, the recount
commission shall convene at a place fixed by order of the court.
(b) Whenever a motion to dismiss a petition or cross-petition for a recount is filed with
the court, the court shall rule on the motion to dismiss before the recount commission
conducts the recount. The motion to dismiss must:
(1) state that the petitioner or cross-petitioner has failed to comply with this chapter;
and
(2) specifically identify the requirement that the petitioner or cross-petitioner has failed
to comply with.
(c) As the first item of business, the recount commission shall adopt procedures for
conducting the recount, based as closely as is practical on the procedures adopted by the state
recount commission. After adopting these procedures, the recount commission shall
expeditiously complete the recount of all votes ordered recounted.
(d) The proceedings of the recount commission shall be performed in public under
IC 5-14-1.5 (the Open Door Law). However, the commission may restrict access to parts of
a room where the recount is being conducted to safeguard the election material or to permit
the material to be handled or transported by the commission. Each candidate affected by the
recount may have a watcher present at the recount and may also be present in person. A
watcher for a candidate under this subsection has the same rights as a watcher appointed
under IC 3-6-8-4. Representatives of the media may also attend the recount and have the
same rights as media watchers appointed under IC 3-6-10.
(e) An order issued by the state recount commission under IC 3-12-10 supersedes an order
issued by the recount commission appointed under this chapter to the extent that the orders
conflict. The state recount commission shall assist a recount commission appointed under this
chapter to the extent that the ability of the state recount commission to preserve the integrity
of election records or equipment is not hindered.
(f) During the period:
(1) beginning when a recount is ordered under section 14 of this chapter; and
(2) ending when the recount commission certifies the recount results under section 22
of this chapter;
the recount commission may petition the court that acquired jurisdiction over the recount
under section 8 of this chapter to rule on questions raised by the recount commission.
[Pre-1986 Recodification Citation: 3-1-27-11.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.380; P.L.3-1993, SEC.213;
P.L.3-1997, SEC.360; P.L.176-1999, SEC.97.

IC 3-12-6-21.5 Ballot card voting systems; petition for manual count and
tabulation of votes

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 Sec. 21.5. (a) A petition or cross-petition filed under this chapter may request that ballot
cards in specified precincts that used a ballot card voting system be counted manually. If a
petition or cross-petition includes such a request, the recount commission may not use
automatic tabulating machines to count ballot cards in the specified precincts. Ballot cards
in those precincts shall be counted manually, and the tabulation of votes must comply with
IC 3-11-7.
(b) A petitioner or cross-petitioner may withdraw a request for a manual recount of ballot
cards at any time after the recount commission conducts a test of the automatic tabulating
machines to ascertain that the machines will correctly count the votes cast for the office that
is the subject of the recount.
As added by P.L.3-1987, SEC.381. Amended by P.L.10-1988, SEC.142.

IC 3-12-6-21.7 Duties of recount commission

Sec. 21.7. (a) Unless the recount commission makes a finding under subsection (b), the
recount commission shall:
(1) count ballots in accordance with this article; and
(2) not order that all ballots in a precinct not be counted.
(b) If:
(1) a party to the recount presents evidence of fraud, tampering, or misconduct
affecting the integrity of the ballot within a precinct; and
(2) the commission determines that the fraud, tampering, or misconduct within that
precinct was so pervasive that it is impossible for the commission to determine the
approximate number of votes that each candidate received in that precinct;
the commission may order that none of the ballots from that precinct be counted.
As added by P.L.3-1995, SEC.128.

IC 3-12-6-21.9 Recount; date of completion; extension of deadline

Sec. 21.9. (a) Except as provided in subsection (c), a recount for nomination to an office
conducted under this chapter shall be completed not later than the final Friday in June
following the primary.
(b) Except as provided in subsection (c), a recount for election to an office conducted
under this chapter shall be completed not later than December 20 following the election.
(c) The court that appointed the commission may issue an order to extend the deadline
under this section to a specific date if the court finds that there is good cause to do so.
As added by P.L.3-1997, SEC.361. Amended by P.L.176-1999, SEC.98; P.L.103-2005,
SEC.18.

IC 3-12-6-22 Recount; completion; certificate

Sec. 22. (a) When a recount is completed by a commission appointed under this chapter,
the commission shall:
(1) make and sign a certificate showing the total number of votes received in the
precincts by each candidate for nomination or election to the office;
(2) state in its certificate the candidate who received the highest number of votes in the
precincts for nomination or election to the office and by what plurality; and
(3) file its certificate with the circuit court clerk.
(b) The circuit court clerk shall:
(1) enter the certificate in the order book of the court;
(2) file a copy of the certificate in the minutes of the county election board; and
(3) if the recount concerned an office for which a declaration of candidacy must be
filed with the election division under IC 3-8-2, file a copy of the certificate with the
election division not later than seven (7) days after the date the recount commission
filed the certificate with the clerk of the circuit court.
(c) If a certificate is filed with the election division under subsection (b), the election

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division shall provide a copy of the certificate to the office.
[Pre-1986 Recodification Citation: 3-1-27-14 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.143; P.L.38-1999, SEC.60;
P.L.212-2001, SEC.27.

IC 3-12-6-22.5 Court issuance of order on commission certificate; finality of

recount decision; appeal
Sec. 22.5. (a) After the commission files its certificate under section 22 of this chapter,
the court that appointed the commission shall issue an order that does the following:
(1) Acknowledges the filing of the certificate.
(2) Discharges the commission.
(3) Releases election materials impounded during the recount.
(b) The determination of a commission under section 22 of this chapter is final, although
an appeal may be taken to the court that appointed the commission.
(c) An appeal under subsection (b):
(1) must be filed not later than thirty (30) days after the court issues the order under
subsection (a); and
(2) is limited to:
(A) questions of law arising out of the recount; and
(B) procedural defects by the recount commission that affected the outcome of the
recount.
As added by P.L.10-1988, SEC.144. Amended by P.L.3-1989, SEC.13; P.L.3-1993,
SEC.214; P.L.66-2003, SEC.46.

IC 3-12-6-23 Recount certificate; effect; prima facie evidence of votes cast

Sec. 23. A recount certificate made under section 22 of this chapter supersedes all
previous returns made in any form of the recounted votes. A certified copy of a recount
certificate constitutes prima facie evidence of the votes cast for nomination or election to the
office in the precincts in any contest or other proceeding in which there is an issue as to the
votes cast at the election for nomination or election to the office.
[Pre-1986 Recodification Citation: 3-1-27-14 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.7-1986, SEC.8; P.L.10-1988, SEC.145.

IC 3-12-6-24 Repealed
[Pre-1986 Recodification Citation: 3-1-27-14 part.]
As added by P.L.5-1986, SEC.8. Repealed by P.L.7-1986, SEC.20.

IC 3-12-6-25 Repealed
[Pre-1986 Recodification Citation: 3-1-27-14 part.]
As added by P.L.5-1986, SEC.8. Repealed by P.L.7-1986, SEC.20.

IC 3-12-6-26 Repealed
[Pre-1986 Recodification Citation: 3-1-27-14 part.]
As added by P.L.5-1986, SEC.8. Repealed by P.L.7-1986, SEC.20.

IC 3-12-6-27 Votes cast in more than one county; difference between

recount certificate and county election board tabulation;
correction of certificate
Sec. 27. If a recount is made under this chapter for nomination or election to an office for
which votes were cast in more than one (1) county, each circuit court clerk where the recount
was made shall determine whether the votes in the precincts shown by the recount certificate
differ from the votes that were tabulated by the county election board. If a circuit court clerk
finds that there is a difference between the votes shown by the recount certificate and the

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votes tabulated by the county election board, the clerk shall prepare a certificate showing the
total vote in the county for each candidate for nomination or election to the office as
corrected in accordance with the recount certificate.
[Pre-1986 Recodification Citation: 3-1-27-15 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.7-1986, SEC.9; P.L.10-1988, SEC.146;
P.L.3-1993, SEC.215.

IC 3-12-6-28 Transmittal of certificate showing votes cast

Sec. 28. (a) A circuit court clerk shall immediately transmit a certificate prepared under
section 27 of this chapter showing the votes cast for nomination or election to an office to the
election division if the recount concerned an office for which a declaration of candidacy must
be filed with the election division under IC 3-8-2.
(b) The election division shall provide a copy of a certificate transmitted to the election
division under this section to the office.
[Pre-1986 Recodification Citation: 3-1-27-15 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.147; P.L.3-1997, SEC.362;
P.L.38-1999, SEC.61; P.L.212-2001, SEC.28.

IC 3-12-6-29 Tabulation of vote in accordance with certificate

Sec. 29. Upon receipt of a circuit court clerk's certificate under section 28 of this chapter,
the election division shall tabulate the vote from the county for the office in accordance with
the certificate. If the election division previously included in a tabulation the votes cast for
the office as returned by the county election board, the election division shall correct the
tabulation in accordance with the certificate.
[Pre-1986 Recodification Citation: 3-1-27-15 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.216; P.L.3-1997, SEC.363.

IC 3-12-6-30 Single county nominations or elections; differences between

votes shown by recount certificate and votes tabulated by
county board; certificate of corrected vote total
Sec. 30. If a recount is made under this chapter for nomination or election to an office for
which votes were cast only in a single county, the circuit court clerk shall determine whether
the votes shown by the recount certificate differ from the votes that were tabulated by the
county election board. If the circuit court clerk finds that there is a difference between the
votes shown by the recount certificate and the votes tabulated by the county election board,
the clerk shall prepare a certificate showing the total vote for each candidate for nomination
or election to the office as corrected in accordance with the recount certificate.
[Pre-1986 Recodification Citation: 3-1-27-16 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.148; P.L.3-1993, SEC.217.

IC 3-12-6-31 Single county nominations or elections; transmittal of

certificate showing corrected vote total
Sec. 31. (a) The circuit court clerk shall transmit the certificate prepared under section 30
of this chapter to the election division, the county election board or other public official
authorized by this title to issue:
(1) a certificate of nomination under IC 3-8-7;
(2) a certificate of election under IC 3-10-7-34 or IC 3-12-5-2; or
(3) a commission for the office under IC 4-3-1-5.
(b) The election division shall provide a copy of a certificate transmitted to the election
division under this section to the office.
[Pre-1986 Recodification Citation: 3-1-27-16 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.149; P.L.3-1997, SEC.364;
P.L.212-2001, SEC.29.

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IC 3-12-6-32 Certificate of nomination, election, or commission for office
Sec. 32. The candidate shown by a corrected vote tabulation under section 29 or 30 of this
chapter to have received the highest number of votes for nomination or election to an office
is entitled to a certificate of nomination under IC 3-8-7 or a certificate of election or
commission for the office, even though one may have been issued upon a previous tabulation.
[Pre-1986 Recodification Citation: 3-1-27-16 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.150.

IC 3-12-6-33 Vacation of office by person in possession

Sec. 33. On the demand of a person receiving a commission or certificate of election
issued upon the filing of the certificate of a recount commission, a person in possession of
the office in question shall vacate and deliver the office. If the person in possession refuses
to do so, the court may compel the vacation of the office upon the petition of the person
holding the commission or certificate.
As added by P.L.10-1988, SEC.151.

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IC 3-12-7 Chapter 7. Repealed
[Pre-1986 Recodification Citations:
3-12-7-1 formerly 3-1-29-1
3-12-7-2 formerly 3-1-29-7
3-12-7-3 formerly 3-1-29-8 part
3-12-7-4 formerly 3-1-29-8 part
3-12-7-5 formerly 3-1-29-2 part
3-12-7-6 formerly 3-1-29-2 part
3-12-7-7 formerly 3-1-29-2 part
3-12-7-8 formerly 3-1-29-3(a) part
3-12-7-9 formerly 3-1-29-3(a) part
3-12-7-10 formerly 3-1-29-3(b)
3-12-7-11 formerly 3-1-29-4(a) part
3-12-7-12 formerly 3-1-29-4(a) part, (c) part
3-12-7-13 formerly 3-1-29-4(b)
3-12-7-14 formerly 3-1-29-4(c) part
3-12-7-15 formerly 3-1-29-5
3-12-7-16 formerly 3-1-29-6 part
3-12-7-17 formerly 3-1-29-6 part
3-12-7-18 formerly 3-1-29-10 part
3-12-7-19 formerly 3-1-29-10 part
3-12-7-20 formerly 3-1-29-9.]
Repealed by P.L.3-1987, SEC.570.

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IC 3-12-8 Chapter 8. Contest Procedures for Nomination for or Election
to Local or School Board Offices

3-12-8-1 Persons entitled to contest

3-12-8-2 Grounds for contest
3-12-8-2.5 Chapter establishes standards to define vote; exception
3-12-8-3 Repealed
3-12-8-4 Repealed
3-12-8-5 Contest of election or nomination; filing of verified petition; elections in
different municipalities
3-12-8-5.5 Verified petition; filing fee; cause number
3-12-8-6 Contest of election; content of verified petition
3-12-8-6.5 Amendment of verified petition
3-12-8-7 Repealed
3-12-8-8 Notice of contest; service of notice
3-12-8-9 Service of summons
3-12-8-10 Appearance and answer by contestee; time; defense, answer, or special answer
3-12-8-11 Party to proceeding; stating right or claim by answer or counterclaim
3-12-8-12 Repealed
3-12-8-13 Repealed
3-12-8-14 Repealed
3-12-8-15 Venue of trial of contest for office
3-12-8-16 Hearing; date
3-12-8-17 Hearing and determination of contest; judgment declaring candidate elected or
nominated; ineligible contestee only candidate; candidate or office vacancy;
order for special election
3-12-8-17.5 Special election; corrected canvass of votes; certificate of election
3-12-8-18 Hearing; circuit court clerk to certify determination
3-12-8-19 Hearing; judgment and determination of court final
3-12-8-20 Disqualification of judge; certification; appointment of special judge
3-12-8-21 Vacation of office by person in possession
3-12-8-22 Election contest; costs included

IC 3-12-8-1 Persons entitled to contest

Sec. 1. (a) This section does not apply to a challenge filed before an election to the
eligibility of a candidate nominated by petition for election to an office. The challenge
described by this subsection must be conducted in accordance with IC 3-8-1-2.
(b) Any candidate for nomination or election to a local or school board office may contest
the nomination or election of a candidate who is declared nominated or elected to the office,
except a candidate who:
(1) receives the most votes in a primary election; and
(2) is certified as deceased under IC 3-8-7-1.
(c) If a candidate who is entitled to contest the nomination or election of a candidate
under this chapter does not file a petition within the period established by section 5 of this
chapter, the county chairman of a political party of which the candidate entitled to file a
petition under this chapter was a member may file a petition to contest the nomination or
election of a candidate. A county chairman is entitled to contest an election under this chapter
only in a partisan race.
(d) This subsection applies to an election for a school board office. If there is no
candidate who is entitled to contest the election of another candidate to a school board office,
a voter of the school corporation may file a petition to contest the election of the candidate.
[Pre-1986 Recodification Citation: 3-1-28-1.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.152; P.L.4-1996, SEC.79;
P.L.176-1999, SEC.99; P.L.14-2000, SEC.7; P.L.194-2013, SEC.79; P.L.278-2019,
SEC.149.

IC 3-12-8-2 Grounds for contest

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 Sec. 2. An election may be contested under section 1 of this chapter if a petitioner alleges
that one (1) of the following circumstances existed:
(1) The contestee was ineligible (other than a candidate in a primary election certified
as deceased under IC 3-8-7-1).
(2) A mistake occurred in the printing or distribution of ballots used in the election that
makes it impossible to determine which candidate received the highest number of votes.
(3) A mistake occurred in the programming of an electronic voting system, making it
impossible to determine the candidate who received the highest number of votes.
(4) An electronic voting system malfunctioned, making it impossible to determine the
candidate who received the highest number of votes.
(5) A deliberate act or series of actions occurred making it impossible to determine the
candidate who received the highest number of votes cast in the election.
[Pre-1986 Recodification Citation: 3-1-28-2.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.153; P.L.10-1989, SEC.12;
P.L.4-1991, SEC.117; P.L.176-1999, SEC.100; P.L.221-2005, SEC.118; P.L.194-2013,
SEC.80.

IC 3-12-8-2.5 Chapter establishes standards to define vote; exception

Sec. 2.5. (a) This section does not apply to a contest concerning whether a contestee was
ineligible as alleged under section 2(1) of this chapter.
(b) This chapter is enacted to comply with 52 U.S.C. 21081 by establishing uniform and
nondiscriminatory standards to define what will be counted as a vote on a paper ballot, an
optical scan voting system, or an electronic voting system in a contest conducted under this
chapter.
As added by P.L.209-2003, SEC.189. Amended by P.L.128-2015, SEC.214.

IC 3-12-8-3 Repealed
[Pre-1986 Recodification Citation: 3-1-28-3 part.]
As added by P.L.5-1986, SEC.8. Repealed by P.L.10-1988, SEC.238.

IC 3-12-8-4 Repealed
[Pre-1986 Recodification Citation: 3-1-28-3 part.]
As added by P.L.5-1986, SEC.8. Repealed by P.L.10-1988, SEC.238.

IC 3-12-8-5 Contest of election or nomination; filing of verified petition;

elections in different municipalities
Sec. 5. (a) A candidate who desires to contest an election or a nomination under this
chapter must file a verified petition with the circuit court clerk of the county that contains the
greatest percentage of the population of the election district no later than noon fourteen (14)
days after election day.
(b) A county chairman who is entitled to and desires to contest an election or a
nomination under this chapter must file a verified petition with the circuit court clerk of the
county that contains the greatest percentage of the population of the election district not later
than noon seventeen (17) days after election day.
(c) A petition for a contest of an election in different municipalities, whether in the same
court of the county or not, may not be consolidated.
[Pre-1986 Recodification Citation: 3-1-28-4(a) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.382; P.L.10-1988, SEC.154;
P.L.8-1992, SEC.33; P.L.4-1996, SEC.80; P.L.221-2005, SEC.119.

IC 3-12-8-5.5 Verified petition; filing fee; cause number

Sec. 5.5. Upon the filing of a petition under section 5 of this chapter, the circuit court
clerk shall:

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 (1) require payment of the filing fee under IC 33-37; and
(2) assign the petition a cause number as a miscellaneous civil action.
As added by P.L.3-1997, SEC.365. Amended by P.L.98-2004, SEC.40.

IC 3-12-8-6 Contest of election; content of verified petition

Sec. 6. (a) A petition filed under section 5 of this chapter must state the following:
(1) That the petitioner desires to contest the nomination or election to an office.
(2) The name of each candidate as set forth on the ballot for the election and address
of each candidate as set forth in the records of the county election board or election
division.
(3) That the petitioner in good faith believes that one (1) or more of the following
occurred:
(A) The person declared nominated or elected does not comply with a specific
constitutional or statutory requirement set forth in the petition that is applicable to
a candidate for the office.
(B) A mistake was made in the printing or distribution of ballots used in the election
that makes it impossible to determine which candidate received the highest number
of votes cast in the election.
(C) A mistake occurred in the programming of an electronic voting system, making
it impossible to determine the candidate who received the highest number of votes.
(D) An electronic voting system malfunctioned, making it impossible to determine
the candidate who received the highest number of votes.
(E) A deliberate act or series of actions occurred making it impossible to determine
the candidate who received the highest number of votes cast in the election.
(b) A petition stating that the petitioner believes that it is impossible to determine the
candidate that received the highest number of votes for one (1) of the reasons described in
subsection (a)(3)(B), (a)(3)(C), or (a)(3)(D) must identify each precinct in which:
(1) ballots:
(A) containing the printing mistake; or
(B) distributed by mistake;
were cast;
(2) a mistake occurred in the programming of an electronic voting system; or
(3) an electronic voting system malfunctioned.
(c) A petition stating that the petitioner believes that an act or series of actions described
in subsection (a)(3)(E) occurred must identify each precinct or other location in which the
act or series of actions occurred to the extent known to the petitioner.
[Pre-1986 Recodification Citation: 3-1-28-4(a) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.155; P.L.10-1989, SEC.13;
P.L.4-1991, SEC.118; P.L.176-1999, SEC.101; P.L.221-2005, SEC.120.

IC 3-12-8-6.5 Amendment of verified petition

Sec. 6.5. (a) Except as provided in subsection (b), the court in which a petition is filed
may allow the petition or cross-petition to be amended at any time upon the terms and
conditions that the court orders.
(b) The court may not allow a petition to be amended following the deadline for filing a
petition under this chapter if the petition as originally filed:
(1) failed to comply with this chapter; or
(2) was not filed before the deadline specified in this chapter.
As added by P.L.176-1999, SEC.102.

IC 3-12-8-7 Repealed
[Pre-1986 Recodification Citation: 3-1-28-4(a) part.]
As added by P.L.5-1986, SEC.8. Repealed by P.L.10-1988, SEC.238.

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IC 3-12-8-8 Notice of contest; service of notice
Sec. 8. (a) Upon the filing of a petition for a contest, the circuit court clerk shall notify
the circuit court judge. The judge shall issue a notice to the county sheriff directing the
sheriff to serve notice upon the contestee and all other persons named in the petition as
candidates for nomination or election to the office to appear and answer the petition in the
circuit court on a day to be fixed in the notice.
(b) The county sheriff shall also serve a copy of the notice described in subsection (a) on:
(1) the county election board; and
(2) the election division if the petition relates to a contest for the office of judge or
prosecuting attorney.
[Pre-1986 Recodification Citation: 3-1-28-4(a) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.5-1988, SEC.11; P.L.10-1988, SEC.156;
P.L.66-2003, SEC.47.

IC 3-12-8-9 Service of summons

Sec. 9. The sheriff shall serve the notice required by section 8 of this chapter upon the
contestee and all other persons named in the petition as candidates for nomination or election
to the office in the same manner as a summons is served in a civil action.
[Pre-1986 Recodification Citation: 3-1-28-4(a) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.5-1988, SEC.12.

IC 3-12-8-10 Appearance and answer by contestee; time; defense, answer, or

special answer
Sec. 10. The contestee shall appear and answer the petition by the day fixed in the notice
issued under section 8 of this chapter unless the court extends the time for good cause. The
contestee may:
(1) present any defense or answer that the contestee has to the allegations of the petition
under an answer of general denial;
(2) file a special answer; or
(3) both.
[Pre-1986 Recodification Citation: 3-1-28-4(a) part.]
As added by P.L.5-1986, SEC.8.

IC 3-12-8-11 Party to proceeding; stating right or claim by answer or

counterclaim
Sec. 11. Any other person who was a candidate at the election for nomination or election
to the office involved and upon whom notice was served under section 9 of this chapter is a
party to the proceeding and may state any right or claim the person may have by an answer
or counterclaim.
[Pre-1986 Recodification Citation: 3-1-28-4(a) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.5-1988, SEC.13.

IC 3-12-8-12 Repealed
[Pre-1986 Recodification Citation: 3-1-28-4(b).]
As added by P.L.5-1986, SEC.8. Repealed by P.L.10-1988, SEC.238.

IC 3-12-8-13 Repealed
[Pre-1986 Recodification Citation: 3-1-28-5 part.]
As added by P.L.5-1986, SEC.8. Repealed by P.L.10-1988, SEC.238.

IC 3-12-8-14 Repealed
[Pre-1986 Recodification Citation: 3-1-28-5 part.]
As added by P.L.5-1986, SEC.8. Repealed by P.L.10-1988, SEC.238.

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IC 3-12-8-15 Venue of trial of contest for office
Sec. 15. A contest for an office for which the voters of only one (1) county cast votes shall
be tried in that county. However, a change of venue from the judge is allowed under the
Indiana rules of trial procedure. A contest for an office for which the voters of two (2) or
more counties cast votes shall be tried in the county casting the highest number of votes for
the office at the election.
[Pre-1986 Recodification Citation: 3-1-28-3 part.]
As added by P.L.5-1986, SEC.8.

IC 3-12-8-16 Hearing; date

Sec. 16. The court shall fix a date within twenty (20) days after the return day fixed in the
notice to the contestee for the hearing of a contest.
[Pre-1986 Recodification Citation: 3-1-28-6 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.157.

IC 3-12-8-17 Hearing and determination of contest; judgment declaring

candidate elected or nominated; ineligible contestee only
candidate; candidate or office vacancy; order for special
election
Sec. 17. (a) A contest shall be heard and determined by the court without a jury subject
to the Indiana Rules of Trial Procedure.
(b) The court shall determine the issues raised by the petition and answer to the petition.
(c) After hearing and determining a petition alleging that a candidate is ineligible, the
court shall declare as elected or nominated the qualified candidate who received the highest
number of votes and render judgment accordingly. If the court rules that the contestee is
ineligible, and no other individual was a candidate for nomination or election, the court shall
declare that no candidate has been:
(1) nominated at the primary, and that a ballot vacancy exists that the political party
may fill under IC 3-13-1 or IC 3-13-2; or
(2) elected at the general or municipal election, and that an office vacancy exists that
may be filled under IC 3-13, subject to the right of an individual currently serving in
the office to hold over in that office under Article 15, Section 3 of the Constitution of
the State of Indiana.
(d) If the court finds that:
(1) a mistake in the printing or distribution of the ballots used in the election;
(2) a mistake in the programming of an electronic voting system;
(3) a malfunction of an electronic voting system; or
(4) the occurrence of a deliberate act or series of actions;
makes it impossible to determine which candidate received the highest number of votes, the
court shall order that a special election be conducted under IC 3-10-8.
(e) The special election shall be conducted in the precincts identified in the petition in
which the court determines that:
(1) ballots containing the printing mistake or distributed by mistake were cast;
(2) a mistake occurred in the programming of an electronic voting system;
(3) an electronic voting system malfunctioned; or
(4) the deliberate act or series of actions occurred.
[Pre-1986 Recodification Citation: 3-1-28-6 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1989, SEC.14; P.L.4-1991, SEC.119;
P.L.14-2004, SEC.161; P.L.221-2005, SEC.121; P.L.169-2015, SEC.149.

IC 3-12-8-17.5 Special election; corrected canvass of votes; certificate of

election
Sec. 17.5. (a) After a special election ordered under section 17 of this chapter is

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conducted, the county election board shall issue a corrected canvass of the votes. The
corrected canvass must substitute the votes cast in the special election in a precinct for each
candidate for the votes cast for that candidate in that precinct during the contested election.
The board shall add the substituted vote totals to the votes cast for each candidate in each
precinct in which the special election was not conducted.
(b) The board or circuit court clerk shall then issue a certificate of election under
IC 3-12-4-9 or IC 3-12-5-2 and file a copy of the certificate with the election division. If the
contest was for an office commissioned by the governor, the election division shall forward
a copy of the certificate to the governor for the issuance of a commission under IC 4-3-1-5.
(c) The election division shall provide a copy of the corrected canvass of the votes to the
office.
As added by P.L.3-1997, SEC.366. Amended by P.L.212-2001, SEC.30.

IC 3-12-8-18 Hearing; circuit court clerk to certify determination

Sec. 18. A circuit court clerk shall certify the determination made concerning the election
contest under section 17 of this chapter to the:
(1) county election board;
(2) election division, if the contest concerned an office for which a declaration of
candidacy must be filed with the election division under IC 3-8-2; and
(3) governor, if the contest concerned an office commissioned by the governor under
IC 4-3-1-5.
[Pre-1986 Recodification Citation: 3-1-28-6 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.38-1999, SEC.62.

IC 3-12-8-19 Hearing; judgment and determination of court final

Sec. 19. The judgment and determination of a court under section 17 of this chapter are
final, although an appeal may be taken.
[Pre-1986 Recodification Citation: 3-1-28-6 part.]
As added by P.L.5-1986, SEC.8.

IC 3-12-8-20 Disqualification of judge; certification; appointment of special

judge
Sec. 20. If a contest involves the nomination or election of the judge of the court in which
the petition of contest is filed, and the regular judge of the court is a party to the case, then
the regular judge is disqualified to act in any way in the case. The judge shall, within three
(3) days after the filing of the petition of contest, certify the fact of disqualification to the
governor, who shall then appoint a special judge to try the case.
[Pre-1986 Recodification Citation: 3-1-28-7.]
As added by P.L.5-1986, SEC.8. Amended by P.L.5-1988, SEC.14.

IC 3-12-8-21 Vacation of office by person in possession

Sec. 21. On demand of a person receiving a commission or certificate of election issued
following the certification under section 18 of this chapter, a person in possession of the
office in question shall vacate the office. If the person in possession fails to do so, the court
may compel the vacation of the office upon the petition of the person holding the commission
or certification.
As added by P.L.10-1988, SEC.158.

IC 3-12-8-22 Election contest; costs included

Sec. 22. (a) The costs of a contest may include the following:
(1) Compensation of additional employees required to conduct the contest, including
overtime payments to regular employees who are eligible to receive such payments.
(2) Postage and telephone charges directly related to the contest.

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 (b) The costs of a contest may not include the following:
(1) General administrative costs.
(2) Security.
(3) Allowances for meals or lodging.
(c) The costs of a contest shall be paid from the county general fund without
appropriation.
As added by P.L.8-1992, SEC.34. Amended by P.L.176-1999, SEC.103.

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IC 3-12-9 Chapter 9. Resolving Tie Votes

3-12-9-1 Special election for tie vote; primary election

3-12-9-2 Offices of governor and lieutenant governor; majority of state senate and house
of representatives meeting in joint session to elect
3-12-9-3 Local, circuit, or school board office; written notice of tie vote to fiscal body
3-12-9-4 Local, circuit, or school board office; filling office
3-12-9-5 State, local, or school board offices; official to remain in office until successor
is elected and qualified
3-12-9-6 Filing of recount petition or contesting of nomination or election
3-12-9-7 Tie vote on public question

IC 3-12-9-1 Special election for tie vote; primary election

Sec. 1. (a) Whenever a tie vote at an election for:
(1) a federal office;
(2) a state office (other than governor and lieutenant governor); or
(3) a legislative office;
occurs, a special election shall be held.
(b) Whenever a tie vote occurs at a primary election for the nomination of a candidate to
be voted for at the general or municipal election, IC 3-13-1-17 applies.
[Pre-1986 Recodification Citation: 3-1-19-1(3).]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.383; P.L.1-2005, SEC.54;
P.L.230-2005, SEC.59.

IC 3-12-9-2 Offices of governor and lieutenant governor; majority of state

senate and house of representatives meeting in joint session to
elect
Sec. 2. Whenever a tie vote at an election for the offices of governor and lieutenant
governor occurs, a majority of the state senate and house of representatives meeting in joint
session shall elect these officials from among the candidates receiving the tie vote in
accordance with Article 5, Section 5 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 5, § 5.]
As added by P.L.5-1986, SEC.8.

IC 3-12-9-3 Local, circuit, or school board office; written notice of tie vote
to fiscal body
Sec. 3. Whenever a circuit court clerk receives certification that a tie vote at an election
for a local office or a school board office occurred, the clerk shall immediately send a written
notice of the tie vote to:
(1) the fiscal body of the affected political subdivision; or
(2) if the tie vote occurred in an election for a circuit office in a circuit that includes
more than one county, to the fiscal body of each county of the circuit.
[Pre-1986 Recodification Citation: 3-2-11-4.]
As added by P.L.5-1986, SEC.8. Amended by P.L.230-2005, SEC.60.

IC 3-12-9-4 Local, circuit, or school board office; filling office

Sec. 4. (a) The fiscal body of a political subdivision that receives notice under section 3
of this chapter shall resolve the tie vote by electing a person to fill the office not later than
December 31 following the election at which the tie vote occurred. The fiscal body shall
select one (1) of the candidates who was involved in the tie vote to fill the office.
(b) If a tie vote has occurred in an election for a circuit office in a circuit that contains
more than one (1) county, the fiscal bodies of the counties shall meet in joint session at the
county seat of the county that contains the greatest percentage of population of the circuit to
select one (1) of the candidates who was involved in the tie vote in order to fill the office in

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accordance with this section.
(c) If a tie vote has occurred for the election of more than one (1) at-large seat on a
legislative or fiscal body, the fiscal body shall select the number of individuals necessary to
fill each of the at-large seats for which the tie vote occurred. However, a member of a fiscal
body who runs for reelection and is involved in a tie vote may not cast a vote under this
section.
(d) The executive of the political subdivision (other than a town or a school corporation)
may cast the deciding vote to break a tie vote in a fiscal body acting under this section. The
clerk-treasurer of the town may cast the deciding vote to break a tie vote in a town fiscal
body acting under this section. A tie vote in the fiscal body of a school corporation under this
section shall be broken under IC 20-23.
[Pre-1986 Recodification Citations: 3-2-11-5; 3-2-11-6.]
As added by P.L.5-1986, SEC.8. Amended by P.L.10-1988, SEC.159; P.L.14-2004,
SEC.162; P.L.230-2005, SEC.61; P.L.164-2006, SEC.127; P.L.85-2017, SEC.5.

IC 3-12-9-5 State, local, or school board offices; official to remain in office

until successor is elected and qualified
Sec. 5. Whenever a tie vote at an election for:
(1) a state office;
(2) a local office; or
(3) a school board office;
occurs, the incumbent public official remains in office in accordance with Article 15, Section
3 of the Constitution of the State of Indiana until a successor is elected under this chapter and
qualified.
[Pre-1986 Recodification Citations: Ind. Const. Art. 15, § 3; 3-2-11-8.]
As added by P.L.5-1986, SEC.8.

IC 3-12-9-6 Filing of recount petition or contesting of nomination or

election
Sec. 6. This chapter does not prohibit:
(1) a candidate from filing a recount petition under IC 3-12-6 or IC 3-12-11;
(2) a candidate from contesting a nomination or election under IC 3-12-8 or
IC 3-12-11; or
(3) a petitioner from filing a recount petition under IC 3-12-12.
[Pre-1986 Recodification Citation: 3-2-11-7.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.384; P.L.5-1988, SEC.15;
P.L.10-1988, SEC.160.

IC 3-12-9-7 Tie vote on public question

Sec. 7. If a tie vote occurs on a public question, the question is defeated.
As added by P.L.10-1988, SEC.161.

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IC 3-12-10 Chapter 10. State Recount Commission

3-12-10-1 Establishment of commission

3-12-10-2 Repealed
3-12-10-2.1 Members
3-12-10-2.2 State recount fund; purpose; administration; expenses; reversion to general
fund; appropriations
3-12-10-2.5 Recount director
3-12-10-3 Per diem; expenses
3-12-10-4 Recount and contest proceedings
3-12-10-5 Powers; rules
3-12-10-5.5 Impoundment; use of copies of election material
3-12-10-6 Election records or equipment; impoundment, possession, transportation, or
protection
3-12-10-7 Delegation of powers
3-12-10-8 State board of accounts; conduct of recount or other contest proceedings
3-12-10-9 State police department; duties
3-12-10-10 Secretary of state; assignment of staff and facilities
3-12-10-11 Reimbursement of agencies or offices for expenses
3-12-10-12 Expenses of recount; expenses reimbursed; claims for expenses
3-12-10-12.5 Electronic mail filings; not applicable to recount petition, contest petition, or
cross-petition
3-12-10-13 Reimbursement by candidate filing petition; petitioner's liability for expenses
of another party
3-12-10-14 Reimbursement by candidate filing cross-petition or opposing party in a
contest action
3-12-10-15 Determination of expenses
3-12-10-16 Application of IC 4-21.5
3-12-10-17 Stay of court action pending final determination by recount commission
3-12-10-18 Judicial review

IC 3-12-10-1 Establishment of commission

Sec. 1. The state recount commission is established.
As added by P.L.7-1986, SEC.18. Amended by P.L.11-1993, SEC.4.

IC 3-12-10-2 Repealed
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.385; P.L.10-1988, SEC.162.
Repealed by P.L.8-1995, SEC.71.

IC 3-12-10-2.1 Members
Sec. 2.1. (a) Except as provided in this section, the secretary of state and the designee of
the state chairman of each of the major political parties of the state shall serve as members
of the state recount commission.
(b) Except as provided in this section, the secretary of state shall serve as the chair of the
state recount commission.
(c) If an election to the office of secretary of state is the subject of a petition filed under
IC 3-12-11, final determination of all petitions filed under IC 3-12-11 relating to that election
must be made before January 1 after the election.
(d) The secretary of state may not serve on the commission if the secretary of state is:
(1) a petitioner under IC 3-12-11; or
(2) named as a candidate in a petition under IC 3-12-11;
until the commission makes a final determination under IC 3-12-11 of all related petitions
in which the secretary of state is a petitioner or is named.
(e) If the secretary of state may not serve on the commission under subsection (d), the
state chairman of the same major political party as the secretary of state shall designate
another individual to serve as a member and chair of the commission. The other individual
must have voted in the most recent primary election of the political party of the state

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chairman making the appointment. The individual serves until the commission issues its final
determination of all petitions relating to the election that are described in subsection (d). The
secretary of state shall then resume as a member and the chairman of the state recount
commission.
(f) An individual who serves on the state recount commission as secretary of state ceases
to be a member of the commission when the individual ceases to be secretary of state.
As added by P.L.8-1995, SEC.56.

IC 3-12-10-2.2 State recount fund; purpose; administration; expenses;

reversion to general fund; appropriations
Sec. 2.2. (a) The state recount fund is established for the purpose of receiving, holding,
and disbursing funds as a fiduciary for the state recount commission and individuals who
have provided a cash deposit under this article. The fund shall be administered by the
administrative division of the office of the secretary of state.
(b) The expenses of administering the fund shall be paid from money in the fund.
(c) Money in the fund at the end of a state fiscal year does not revert to the state general
fund.
(d) All money accruing to the fund is appropriated continuously for the purposes specified
in subsection (a).
As added by P.L.176-1999, SEC.104.

IC 3-12-10-2.5 Recount director

Sec. 2.5. The state recount commission shall employ and set the salary of a recount
director. The recount director shall perform the tasks delegated to the director by the
commission.
As added by P.L.3-1987, SEC.386.

IC 3-12-10-3 Per diem; expenses

Sec. 3. (a) Each member of the state recount commission other than the secretary of state
is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
(b) Each member of the state recount commission is entitled to reimbursement for
traveling expenses and other expenses actually incurred in connection with the member's
duties, as provided in the state travel policies and procedures established by the department
of administration and approved by the state budget agency.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.387.

IC 3-12-10-4 Recount and contest proceedings

Sec. 4. (a) The state recount commission shall conduct recount proceedings under
IC 3-12-11 resulting from:
(1) a presidential primary election;
(2) the nomination of a candidate to a federal, state, or legislative office in a primary
election; or
(3) an election for a federal, state, or legislative office.
(b) The state recount commission shall conduct recount proceedings under IC 3-12-12
resulting from a public question voted on by the electorate of the entire state.
(c) The state recount commission shall conduct contest proceedings under IC 3-12-11
resulting from:
(1) a presidential primary election;
(2) the nomination of a candidate to a federal, state, or legislative office in a primary
election; or
(3) an election for a federal, state, or legislative office.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.388; P.L.10-1988,
SEC.163; P.L.14-2004, SEC.163; P.L.169-2015, SEC.150.

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IC 3-12-10-5 Powers; rules
Sec. 5. (a) The state recount commission may, to comply with section 4 of this chapter:
(1) impound, take possession of, transport, or otherwise protect any election records
or equipment related to a recount or contest;
(2) issue subpoenas, discovery orders, and protective orders;
(3) conduct and regulate the course of hearings and other proceedings;
(4) manage its internal affairs;
(5) adopt rules under IC 4-22-2; or
(6) exercise any other necessary power to perform its functions under this article.
(b) Rules adopted by the state recount commission for the conduct of a recount or contest
proceeding must uniformly apply throughout Indiana.
(c) An impoundment order issued under subsection (a)(1) may not prevent a circuit court
clerk or board of registration from copying election material other than ballots if the clerk
or board copies the material under the supervision of the state police department.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.389.

IC 3-12-10-5.5 Impoundment; use of copies of election material

Sec. 5.5. A circuit court clerk or board of registration may use a copy of election material
other than ballots made under section 5 of this chapter instead of an original subject to an
impoundment order under that section until the commission orders the release of the original.
As added by P.L.3-1987, SEC.390.

IC 3-12-10-6 Election records or equipment; impoundment, possession,

transportation, or protection
Sec. 6. Without the filing of a petition under IC 3-12-11, the state recount commission
may impound, take possession of, transport, or otherwise protect any election records or
equipment that the commission determines may be the subject of:
(1) a recount proceeding; or
(2) a contest proceeding conducted by the state recount commission under IC 3-12-11.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.391; P.L.10-1988, SEC.164.

IC 3-12-10-7 Delegation of powers

Sec. 7. (a) The state recount commission may designate one (1) or more members of the
commission or one (1) or more other persons to exercise any of its powers, other than the:
(1) final adoption of rules;
(2) final determination of a recount under IC 3-12-11; or
(3) final determination of a contest under IC 3-12-11.
(b) Each person designated by the commission under subsection (a) who is not a member
of the commission must be an attorney (as defined in IC 23-1.5-1-4).
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.392.

IC 3-12-10-8 State board of accounts; conduct of recount or other contest

proceedings
Sec. 8. The state board of accounts shall conduct any recount or other contest proceeding
ordered by the state recount commission in accordance with this article and guidelines
adopted by the commission.
As added by P.L.7-1986, SEC.18. Amended by P.L.176-1999, SEC.105.

IC 3-12-10-9 State police department; duties

Sec. 9. The state police department shall:
(1) serve any notices, subpoenas, impoundment orders, discovery orders, protective
orders, or other papers;
(2) secure or transport any election records or equipment; and

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 (3) perform any other law enforcement duties;
ordered by the state recount commission.
As added by P.L.7-1986, SEC.18. Amended by P.L.194-2013, SEC.81.

IC 3-12-10-10 Secretary of state; assignment of staff and facilities

Sec. 10. The secretary of state may assign any of the election division's staff and facilities
to the state recount commission to carry out the commission's responsibilities.
As added by P.L.7-1986, SEC.18. Amended by P.L.8-1995, SEC.57.

IC 3-12-10-11 Reimbursement of agencies or offices for expenses

Sec. 11. The state recount commission shall reimburse any agency or office described in
sections 8, 9, and 10 of this chapter that incurs any expense to carry out the responsibilities
of the commission in conformity with the policies and procedures established by the state
budget agency.
As added by P.L.7-1986, SEC.18.

IC 3-12-10-12 Expenses of recount; expenses reimbursed; claims for expenses

Sec. 12. (a) The expenses of a recount conducted by the state recount commission shall
be paid from the state recount fund following the commission's determination of whether a
full or partial refund of the cash deposit should be granted under IC 3-12-11-10.
(b) The expenses of a contest conducted by the state recount commission shall be paid
from the state recount fund.
(c) Notwithstanding subsections (a) and (b), the expenses incurred by a party to a recount
or contest for:
(1) the appearance of an individual; or
(2) the copying or production of documents;
in response to a subpoena approved by the state recount commission shall be borne by that
party and are not subject to reimbursement under this chapter.
(d) A person (other than a party to a recount or contest) who claims reimbursement of
expenses described by subsection (a) or (b) must submit a claim to the state recount
commission not later than noon sixty (60) days after the commission adopts a final order
concerning the recount or contest. If the commission approves the claim, the treasurer of state
shall issue a warrant to the person in accordance with IC 5-13-5, except as provided in
subsection (e) or (f).
(e) This subsection applies when the recount director incurs an expense acting on behalf
of the state recount commission. Any claim submitted by the recount director must be filed
with the secretary of state for approval.
(f) This subsection applies when a person incurs an expense based on an order issued by
the recount director before a recount or contest is filed under IC 3-12-11. The person must
submit a claim to the state recount commission not later than noon sixty (60) days after the
final date for filing a recount or contest petition under IC 3-12-11.
(g) There is appropriated to the state recount fund from the state general fund an amount
sufficient for the state recount commission's use in the payment of expenses under this
section.
As added by P.L.7-1986, SEC.18. Amended by P.L.10-1988, SEC.165; P.L.176-1999,
SEC.106; P.L.14-2004, SEC.164; P.L.278-2019, SEC.150.

IC 3-12-10-12.5 Electronic mail filings; not applicable to recount petition,

contest petition, or cross-petition
Sec. 12.5. (a) This section does not apply to the filing of a recount petition, contest
petition, or cross-petition under IC 3-12-11.
(b) Notwithstanding IC 3-5-4-1.7, the state recount commission may receive filings by
electronic mail from attorneys representing an individual or party in a recount or contest

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proceeding following the filing of the original recount petition, contest petition, or
cross-petition.
As added by P.L.194-2013, SEC.82.

IC 3-12-10-13 Reimbursement by candidate filing petition; petitioner's

liability for expenses of another party
Sec. 13. (a) This section does not apply to a petitioner who is determined to have been
nominated or elected after the recount or the contest.
(b) A candidate filing a petition under IC 3-12-11 shall reimburse the state for the
expenses of the state recount commission in the amount of the cash deposit required for a
recount under IC 3-12-11-10 or a contest under IC 3-12-11-11. However, the petitioner is not
liable for the expenses chargeable to another party under section 14 of this chapter.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.393; P.L.8-1995, SEC.58.

IC 3-12-10-14 Reimbursement by candidate filing cross-petition or opposing

party in a contest action
Sec. 14. (a) This section does not apply to:
(1) a cross-petitioner who is determined to have been nominated or elected after a
recount; or
(2) an opposing party in a contest action who prevails.
(b) A candidate filing a cross-petition under IC 3-12-11 or an opposing party in a contest
action under IC 3-12-11 shall reimburse the state for the expenses of the state recount
commission in the amount of the cash deposit required under IC 3-12-11-11.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.394; P.L.8-1995, SEC.59.

IC 3-12-10-15 Determination of expenses

Sec. 15. The state recount commission shall determine the expenses chargeable to a
person under sections 13 and 14 of this chapter.
As added by P.L.7-1986, SEC.18.

IC 3-12-10-16 Application of IC 4-21.5

Sec. 16. IC 4-21.5 does not apply to the state recount commission.
As added by P.L.7-1986, SEC.18. Amended by P.L.7-1987, SEC.2.

IC 3-12-10-17 Stay of court action pending final determination by recount

commission
Sec. 17. Any court action related to the election for an office that is the subject of a:
(1) recount proceeding under IC 3-12-11; or
(2) contest proceeding under IC 3-12-11;
is stayed until the state recount commission has rendered a final determination.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.395.

IC 3-12-10-18 Judicial review

Sec. 18. (a) Any party to a final determination of the state recount commission concerning
a nomination subject to IC 3-12-11 or election to a state office other than governor or
lieutenant governor may appeal the final determination to the court of appeals for errors of
law under the same terms, conditions, and standards that govern appeals in ordinary civil
actions. An assignment of errors that the commission's final determination is contrary to law
is sufficient to present both the sufficiency of the facts found to sustain the commission's
determination and the sufficiency of the evidence to sustain the findings of facts upon which
the commission's determination was rendered.
(b) If the court of appeals finds that a party has been substantially prejudiced by
commission action that is:

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 (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with
law;
(2) contrary to constitutional right, power, privilege, or immunity;
(3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory
right; or
(4) without observance of procedure required by law;
the court may set aside the final determination of the commission. The court may remand the
case to the commission for further proceedings and compel commission action that has been
unreasonably delayed or unlawfully withheld.
As added by P.L.7-1986, SEC.18. Amended by P.L.3-1987, SEC.396; P.L.10-1988,
SEC.166; P.L.194-2013, SEC.83.

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IC 3-12-11 Chapter 11. Recount and Contest Procedures for Presidential
Primary Elections and Nomination for and Election to Federal,
State, and Legislative Offices

3-12-11-1 Right to recount of vote or to contest nomination or election of a candidate

3-12-11-1.5 Chapter establishes standards to define vote in recount
3-12-11-2 Filing of verified petition
3-12-11-3 Content of petition
3-12-11-4 Cross-petition for recount
3-12-11-5 Failure to file cross-petition or answer to a petition; admission of truth;
presumption
3-12-11-6 Contents of cross-petition
3-12-11-7 Amendment of petition or cross-petition
3-12-11-8 Multiple candidates joining in petition for recount or contest
3-12-11-9 Notice of filing of petition for recount; service and return
3-12-11-10 Cash deposit for payment of costs by petitioner; appointment of commission
member proxy
3-12-11-11 Cash deposit by cross-petitioner
3-12-11-12 Conditions for accepting petitions and cross-petitions and ordering recounts;
dismissal of petitions; notice
3-12-11-13 Consolidated recount
3-12-11-14 Precincts eligible for recount
3-12-11-15 Repealed
3-12-11-16 Impoundment of election materials
3-12-11-17 Convening of state recount commission; hearing on petition and recount
3-12-11-17.5 Petition for manual recount of ballot cards; withdrawal of petition
3-12-11-17.7 Duties of recount commission
3-12-11-18 Certification of recount results; final determination of candidate eligibility;
special election order
3-12-11-19 Recount certificate; certified copy as prima facie evidence of votes cast
3-12-11-19.5 Recount or contest proceeding for presidential electors; conclusion
3-12-11-20 Recount for offices of governor and lieutenant governor; certified statements
3-12-11-21 Recount for legislative office; deadline; certification of results
3-12-11-22 Effect of certified statement on candidate's eligibility for office
3-12-11-23 Recount for federal office or certain state offices; correction of tabulation
3-12-11-24 Certificate of nomination or election or commission for office
3-12-11-25 Determination of candidate ineligibility; certification of runner-up; governor
appointment; effect on votes cast

IC 3-12-11-1 Right to recount of vote or to contest nomination or election of

a candidate
Sec. 1. (a) Except as provided in subsection (d), any candidate:
(1) in a presidential primary election;
(2) for nomination to a federal, state, or legislative office in a primary election; or
(3) for a federal, state, or legislative office;
is entitled to have the votes cast for that office recounted or to contest the nomination or
election of a candidate under this chapter. A recount may be conducted in one (1) or more
of the precincts in which votes were cast for the office.
(b) This subsection applies to an election for a federal or state office. Except as provided
in subsection (d), if a candidate who is entitled to file a petition for a recount or contest under
this chapter does not file a petition within the period established by section 2 of this chapter,
the state chairman of the candidate's political party may file a petition to:
(1) have the votes recounted in one (1) or more precincts; or
(2) contest the nomination or election of a candidate.
(c) This subsection applies to an election for a legislative office. Except as provided in
subsection (d), if a candidate who is entitled to file a petition for a recount or contest under
this chapter does not file a petition within the period established by section 2 of this chapter,

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a county chairman who:
(1) resides in a county located within the election district in which the recount or
contest is desired; and
(2) is a member of the same political party as the candidate entitled to petition for a
recount or contest under this chapter;
may file a petition to have the votes recounted in one (1) or more precincts or to contest the
nomination or election of a candidate.
(d) The nomination of a candidate in a primary election who has been certified as
deceased under IC 3-8-7-1 may not be contested under this chapter.
As added by P.L.7-1986, SEC.19. Amended by P.L.10-1988, SEC.167; P.L.4-1996, SEC.81;
P.L.194-2013, SEC.84.

IC 3-12-11-1.5 Chapter establishes standards to define vote in recount

Sec. 1.5. This chapter is enacted to comply with 52 U.S.C. 21081 by establishing uniform
and nondiscriminatory standards to define what will be counted as a vote on a paper ballot,
an optical scan voting system, or an electronic voting system in a recount conducted under
this chapter.
As added by P.L.209-2003, SEC.190. Amended by P.L.128-2015, SEC.215.

IC 3-12-11-2 Filing of verified petition

Sec. 2. (a) A candidate who desires:
(1) a recount of votes cast for a nomination or election subject to this chapter; or
(2) to contest a nomination subject to this chapter or the election of a state office other
than governor or lieutenant governor;
must file a verified petition with the election division not later than noon fourteen (14) days
after election day.
(b) A state or county chairman who is entitled to and desires to file a petition for a recount
or contest under this chapter must file a verified petition with the election division not later
than noon seventeen (17) days after election day.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.397; P.L.10-1988,
SEC.168; P.L.4-1996, SEC.82; P.L.3-1997, SEC.367; P.L.221-2005, SEC.122.

IC 3-12-11-3 Content of petition

Sec. 3. (a) Each petition for a recount filed under section 2 of this chapter must state the
following:
(1) The office for which the petitioner desires a recount.
(2) The precincts in which the petitioner desires a recount.
(3) That the individual is entitled to a recount under this chapter and that the
nomination or election to office at issue was voted upon in the precincts specified.
(4) The name of the candidates as set forth on the ballot for the election and address of
the candidates as set forth in the records of the election division.
(5) That the petitioner in good faith believes that the votes cast for nomination or
election to the office at the election in the precincts were not correctly counted and
returned.
(6) That the petitioner desires a recount of all of the votes cast for nomination or
election to the office in the precincts specified.
(b) Each petition for a contest filed under section 2 of this chapter must state the
following:
(1) The nomination or election to office that the petitioner contests.
(2) That the individual is entitled to contest an election or a nomination to office under
this chapter.
(3) The name of the candidates as set forth on the ballot for the election and address of
each of the candidates as set forth in the records of the election division.

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 (4) That the petitioner in good faith believes that one (1) or more of the following
occurred:
(A) The person declared nominated or elected does not comply with a specific
constitutional or statutory requirement set forth in the petition that is applicable to
a candidate for the office.
(B) A mistake was made in the printing or distribution of ballots used in the election
that makes it impossible to determine which candidate received the highest number
of votes cast in the election.
(C) A mistake occurred in the programming of an electronic voting system, making
it impossible to determine the candidate who received the highest number of votes.
(D) An electronic voting system malfunctioned, making it impossible to determine
the candidate who received the highest number of votes.
(E) A deliberate act or series of actions occurred making it impossible to determine
the candidate who received the highest number of votes cast in the election.
(c) A petition stating that the petitioner believes that a mistake described in subsection
(b)(4)(B), (b)(4)(C), or (b)(4)(D) has occurred must identify each precinct in which:
(1) ballots:
(A) containing the printing mistake; or
(B) distributed by mistake;
were cast;
(2) a mistake occurred in the programming of an electronic voting system; or
(3) an electronic voting system malfunctioned.
(d) A petition stating that the petitioner believes that an act or series of actions described
in subsection (b)(4)(E) occurred must identify each precinct or other location in which the
act or series of actions occurred to the extent known to the petitioner.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.398; P.L.10-1988,
SEC.169; P.L.10-1989, SEC.15; P.L.3-1995, SEC.129; P.L.4-1996, SEC.83; P.L.176-1999,
SEC.107; P.L.221-2005, SEC.123.

IC 3-12-11-4 Cross-petition for recount

Sec. 4. A candidate who is nominated or elected to an office at an election on the face of
the election returns may file a verified cross-petition for a recount with the election division
not later than noon twenty-one (21) days after election day.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.399; P.L.10-1988,
SEC.170; P.L.4-1996, SEC.84; P.L.3-1997, SEC.368; P.L.164-2006, SEC.128.

IC 3-12-11-5 Failure to file cross-petition or answer to a petition; admission

of truth; presumption
Sec. 5. The failure to file either a cross-petition or an answer to a petition for a recount
or contest does not:
(1) constitute an admission of the truth of the allegations of the petition; or
(2) imply a presumption in favor of the petition.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.400.

IC 3-12-11-6 Contents of cross-petition

Sec. 6. Each cross-petition filed under section 4 of this chapter must state the following:
(1) The office for which the cross-petitioner desires a recount.
(2) The precincts in which the cross-petitioner desires a recount.
(3) That the cross-petitioner was a candidate at the election for nomination or election
to the office and that the nomination or election to office was voted upon in the
precincts specified.
(4) The name and address of the cross-petitioner's opposing candidate or candidates.
(5) That the cross-petitioner in good faith believes that the votes cast for nomination

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 or election to the office at the election in the precincts were not correctly counted and
returned.
(6) That the cross-petitioner desires a recount of all of the votes cast for nomination or
election to the office in the precincts specified.
As added by P.L.7-1986, SEC.19. Amended by P.L.10-1988, SEC.171.

IC 3-12-11-7 Amendment of petition or cross-petition

Sec. 7. (a) Except as provided in subsection (b) or (c), the state recount commission may
allow a petition or cross-petition to be amended at any time upon the terms and conditions
that the state recount commission orders.
(b) The commission may not allow a petition or cross-petition to be amended following
the deadline for filing a petition or cross-petition under this chapter if the petition or
cross-petition as originally filed:
(1) failed to comply with section 3 or section 6 of this chapter; or
(2) was not filed before the deadline specified in section 2 or section 4 of this chapter.
(c) The commission may not allow a candidate who filed a petition or cross-petition to
amend the petition or cross-petition by striking a precinct in which the candidate had desired
a recount unless each opposing candidate consents to the amendment.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.401; P.L.176-1999,
SEC.108.

IC 3-12-11-8 Multiple candidates joining in petition for recount or contest

Sec. 8. Two (2) or more candidates for the same or a different office nominated or elected
at the same election may join in a petition for a recount or contest.
As added by P.L.7-1986, SEC.19. Amended by P.L.10-1988, SEC.172.

IC 3-12-11-9 Notice of filing of petition for recount; service and return

Sec. 9. (a) Upon the filing of a petition for a recount or contest with the election division,
the state recount commission shall issue a notice of the filing and pendency of the petition
to each opposing candidate and deliver the notice to the state police department.
(b) This subsection applies if an attorney has filed an appearance with the election
division as the representative of a candidate. The state police shall serve the notice on the
attorney for the candidate.
(c) If subsection (b) does not apply, the state police department shall serve the notice upon
each opposing candidate in person or by leaving a copy at the last and usual place of
residence.
(d) The state police department shall make immediate return of the service under this
section.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.402; P.L.3-1997, SEC.369;
P.L.221-2005, SEC.124; P.L.194-2013, SEC.85.

IC 3-12-11-10 Cash deposit for payment of costs by petitioner; appointment

of commission member proxy
Sec. 10. (a) Each petitioner shall furnish a cash deposit for the payment of costs of the
recount chargeable to the petitioner. The minimum amount of the cash deposit is one hundred
dollars ($100). The cash deposit shall be deposited in the state recount fund.
(b) This subsection applies only to a recount of an election for nomination or election to
either of the following:
(1) A legislative office in which, on the face of the election returns, the difference
between the number of votes cast for the candidate nominated or elected and the
petitioner is not more than one percent (1%) of the total votes cast for all candidates for
the nomination or office.
(2) An office other than a legislative office in which, on the face of the election returns,

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 the difference between the number of votes cast for the candidate nominated or elected
and the petitioner is not more than one percent (1%) of the total votes cast for all
candidates for the nomination or office.
If the number of precincts to be recounted exceeds ten (10), the amount of the deposit shall
be increased by ten dollars ($10) for each precinct in excess of ten (10).
(c) This subsection applies only to a recount of an election for nomination or election to
either of the following:
(1) A legislative office in which, on the face of the election returns, the difference
between the number of votes cast for the candidate nominated or elected and the
petitioner is more than one percent (1%) of the total votes cast for the nomination or
office.
(2) An office other than a legislative office in which, on the face of the election returns,
the difference between the number of votes cast for the candidate nominated or elected
and the petitioner is more than one percent (1%) of the total votes cast for the
nomination or office.
If the number of precincts to be recounted exceeds ten (10), the amount of the deposit shall
be increased by one hundred dollars ($100) for each precinct in excess of ten (10).
(d) If after a recount, it is determined that a petitioner has been nominated or elected, the
deposit furnished by that petitioner shall be returned to that petitioner in full.
(e) Any unexpended balance remaining in a deposit after payment of the costs of the
recount shall be returned to the depositor in the following manner:
(1) If the recount results in a reduction of at least fifty percent (50%) but less than one
hundred percent (100%) of the margin of the total certified votes, the petitioner shall
receive a refund of that percentage of the unexpended balance.
(2) If after a recount, it is determined that a petitioner has been nominated or elected,
the deposit or the bond furnished by that petitioner shall be returned to that petitioner
in full.
(3) Any unexpended balance remaining after the provision of subdivision (1) has been
satisfied shall be deposited in the state recount fund.
(f) A member of the commission may appoint an individual to serve as a proxy of record
in the member's place as a member of the commission by filing with the election division a
written instrument appointing the proxy of record. The proxy of record has the same authority
to act and vote on all matters as does the member. The member may revoke the authority of
the proxy of record at any time. The authority of the proxy of record may either be limited
or general concerning the duration or subject matter as set forth by the member in the written
instrument appointing the proxy.
As added by P.L.7-1986, SEC.19. Amended by P.L.8-1995, SEC.60; P.L.176-1999,
SEC.109; P.L.14-2004, SEC.165; P.L.109-2021, SEC.70.

IC 3-12-11-11 Cash deposit by cross-petitioner

Sec. 11. (a) This section applies if a cross-petition is filed under this chapter.
(b) This subsection applies only to a recount of an election for nomination or election to
either of the following:
(1) A legislative office in which, on the face of the election returns, the difference
between the number of votes cast for the cross-petitioner and the petitioner with the
greatest number of votes is not more than one percent (1%) of the total votes cast for
all candidates for the nomination or office.
(2) An office other than a legislative office in which, on the face of the election returns,
the difference between the number of votes cast for the cross-petitioner and the
petitioner with the greatest number of votes is not more than one percent (1%) of the
total votes cast for all candidates for the nomination or office.
The cross-petitioner shall furnish a cash deposit equal to ten dollars ($10) multiplied by the
number of precincts that the cross-petitioner seeks to have recounted. The cash deposit shall

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be deposited in the state recount fund.
(c) This subsection applies only to a recount of an election for nomination or election to
either of the following:
(1) A legislative office in which, on the face of the election returns, the difference
between the number of votes cast for the cross-petitioner and the petitioner with the
greatest number of votes is more than one percent (1%) of the total votes cast for all
candidates for the nomination or office.
(2) An office other than a legislative office in which, on the face of the election returns,
the difference between the number of votes cast for the cross-petitioner and the
petitioner with the greatest number of votes is more than one percent (1%) of the total
votes cast for all candidates for the nomination or office.
The cross-petitioner shall furnish a cash deposit equal to ten dollars ($10) multiplied by the
number of precincts that the cross-petitioner seeks to have recounted for the first ten (10)
precincts recounted. For each precinct in excess of ten (10) the cross-petitioner seeks to have
recounted, the cross-petitioner shall furnish an additional cash deposit equal to one hundred
dollars ($100) multiplied by the number of precincts in excess of ten (10) that the
cross-petitioner seeks to have recounted. The cash deposit shall be deposited in the state
recount fund.
(d) If after a recount, it is determined that the cross-petitioner has been nominated or
elected, the deposit furnished by the cross-petitioner shall be returned to the cross-petitioner
in full.
(e) Any unexpended balance remaining in a deposit after payment of the costs of the
recount shall be deposited in the state recount fund.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.403; P.L.8-1995, SEC.61;
P.L.176-1999, SEC.110; P.L.221-2005, SEC.125.

IC 3-12-11-12 Conditions for accepting petitions and cross-petitions and

ordering recounts; dismissal of petitions; notice
Sec. 12. (a) Except as provided in subsection (d) or (e), the state recount commission shall
accept the petitions and cross-petitions that have been filed and order the recount of the votes
in the precincts upon:
(1) the filing of a petition and cash deposit or bond under this chapter;
(2) the expiration of the period under section 4 of this chapter for filing a cross-petition;
and
(3) proof of service of all notices.
(b) Except as provided in subsection (d), whenever a petition filed under section 2 of this
chapter requests a recount in all precincts in the election district, the state recount
commission may order a recount in the precincts upon:
(1) the filing of a cash deposit or bond under this chapter; and
(2) proof of service of all notices.
(c) Except as provided in subsection (d), the state recount commission shall accept a
petition for a contest that has been filed and order a contest proceeding upon:
(1) the filing of a petition under this chapter; and
(2) proof of service of all notices.
(d) Whenever a motion to dismiss a petition or cross-petition for a recount or a petition
for a contest is filed with the state recount commission or is made by a member of the
commission, the commission shall rule on the motion to dismiss before ordering or
continuing with a recount or a contest. The motion to dismiss must:
(1) state that the petitioner or cross-petitioner has failed to comply with this chapter;
and
(2) specifically identify the requirement that the petitioner or cross-petitioner has failed
to comply with.
(e) Whenever the petitioner and each cross-petitioner or respondent file a joint motion to

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dismiss a recount or contest, the commission shall rule on the motion to dismiss before
ordering or continuing with a recount or contest.
(f) If the state recount commission orders a recount proceeding or contest proceeding, the
commission shall send notice of the order to each candidate or party chair named in the
petition. However, if an attorney has filed an appearance with the commission on behalf of
a candidate or party chair, the notice shall be sent to the attorney. A notice under this
subsection shall be sent by:
(1) electronic mail if the candidate, party chair, or attorney has provided an electronic
mail address to the commission; or
(2) certified mail, in all other cases.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.404; P.L.176-1999,
SEC.111; P.L.221-2005, SEC.126; P.L.194-2013, SEC.86.

IC 3-12-11-13 Consolidated recount

Sec. 13. If there is a consolidation of petitions and cross-petitions for a recount, the state
recount commission shall by consolidated order grant the consolidated petitions and
cross-petitions and order a consolidated recount of all votes in each precinct in the election
district for the office requested in the petitions and cross-petitions.
As added by P.L.7-1986, SEC.19. Amended by P.L.221-2005, SEC.127; P.L.194-2013,
SEC.87.

IC 3-12-11-14 Precincts eligible for recount

Sec. 14. The state recount commission shall conduct a recount in each precinct designated
in a petition or cross-petition granted under this chapter that is in the election district for the
office. The commission may conduct a recount in any precinct that cast votes for an office
that is the subject of a recount under this chapter if the precinct is within the election district
for the office.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.405; P.L.221-2005,
SEC.128.

IC 3-12-11-15 Repealed
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.406; P.L.3-1997, SEC.370.
Repealed by P.L.194-2013, SEC.88.

IC 3-12-11-16 Impoundment of election materials

Sec. 16. (a) Except as provided in subsection (b), the state recount commission may by
order impound and provide for the protection of any election records or equipment described
by IC 3-12-10-5(a).
(b) In a recount of an election for a legislative office, the state recount commission shall
by order impound and provide for the protection of the following:
(1) All ballots, and electronic voting systems used at the election for casting votes in
all of the precincts within the legislative district.
(2) All tally sheets relating to the votes cast for the office.
(3) All poll lists of persons registered by the poll clerks as having voted for the office.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.407; P.L.8-1995, SEC.62;
P.L.221-2005, SEC.129.

IC 3-12-11-17 Convening of state recount commission; hearing on petition

and recount
Sec. 17. (a) After a recount is ordered under section 12 of this chapter, the state recount
commission or its designee shall convene at a place fixed by order of the state recount
commission and expeditiously complete the recount of all votes ordered recounted. Each
candidate affected by the recount may have a watcher present at the recount and may also be

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present in person. The candidate has the same rights as a watcher appointed under IC 3-6-8-4.
Representatives of the media may also attend the recount and have the same rights as media
watchers appointed under IC 3-6-10.
(b) After a contest proceeding is ordered under section 12 of this chapter, the state recount
commission or its designee shall convene at a place fixed by order of the state recount
commission and conduct a hearing on the contest petition. Each candidate affected by the
contest may be present in person. The candidate has the same rights as a watcher appointed
under IC 3-6-8-4. Representatives of the media may also attend the hearing and have the
same rights as media watchers appointed under IC 3-6-10.
(c) The proceedings of the state recount commission under this section shall be performed
in public under IC 5-14-1.5. However, the commission may restrict access to parts of a room
where the recount or contest proceeding is being conducted to safeguard the election material
or other evidence and to permit the material to be handled or transported by the commission.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.408; P.L.3-1997, SEC.371;
P.L.194-2013, SEC.89.

IC 3-12-11-17.5 Petition for manual recount of ballot cards; withdrawal of

petition
Sec. 17.5. (a) A petition or cross-petition filed under this chapter may request that ballot
cards in specified precincts that used a ballot card voting system be counted manually. If a
petition or cross-petition includes such a request, automatic tabulating machines may not be
used to count ballot cards in the specified precincts. Ballot cards in those precincts shall be
counted manually, and the tabulation of votes must comply with IC 3-11-7.
(b) A petitioner or cross-petitioner may withdraw a request for a manual recount of ballot
cards at any time after the state board of accounts conducts a test of the automatic tabulating
machines to ascertain that the machines will correctly count the votes cast for the office that
is the subject of the recount.
As added by P.L.3-1987, SEC.409. Amended by P.L.10-1988, SEC.173.

IC 3-12-11-17.7 Duties of recount commission

Sec. 17.7. (a) This section applies to ballots cast by any voting method.
(b) Unless the state recount commission makes a finding under subsection (c), the
commission shall:
(1) count ballots in accordance with this article; and
(2) not order that all ballots in a precinct not be counted.
(c) If:
(1) a party to the recount presents evidence of fraud, tampering, or misconduct
affecting the integrity of the ballot within a precinct; and
(2) the commission determines that the fraud, tampering, or misconduct within that
precinct was so pervasive that it is impossible for the commission to determine the
approximate number of votes that each candidate received in that precinct;
the commission may order that none of the ballots from that precinct be counted.
As added by P.L.3-1995, SEC.130. Amended by P.L.103-2005, SEC.19.

IC 3-12-11-18 Certification of recount results; final determination of

candidate eligibility; special election order
Sec. 18. (a) When a recount is completed by the state recount commission or its designee,
the commission shall:
(1) make and sign a certificate showing the total number of votes received in the
precincts by each candidate for nomination or election to the office;
(2) state in its certificate the candidate who received the highest number of votes in the
precincts for nomination or election to the office and by what plurality; and
(3) file its certificate with the election division.

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 (b) When a contest proceeding in which a candidate is alleged to be ineligible is
completed by the state recount commission or its designee, the commission shall make a final
determination concerning the eligibility of the candidate for nomination or election to the
office.
(c) If the state recount commission or its designee determines that:
(1) a mistake was made in the printing or distribution of ballots used in the election;
(2) a mistake was made in the programming of an electronic voting system;
(3) an electronic voting system malfunctioned; or
(4) a deliberate act or series of actions occurred;
that makes it impossible to determine which candidate received the highest number of votes
cast, the commission shall order that a special election be conducted under IC 3-10-8.
(d) The special election ordered under subsection (c) shall be held in the precincts
identified in the petition in which the commission determines that:
(1) ballots containing the printing mistake or distributed by mistake were cast;
(2) a mistake occurred in the programming of an electronic voting system;
(3) an electronic voting system malfunctioned; or
(4) a deliberate act or series of actions occurred.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.410; P.L.10-1988,
SEC.174; P.L.10-1989, SEC.16; P.L.3-1997, SEC.372; P.L.14-2004, SEC.166;
P.L.221-2005, SEC.130.

IC 3-12-11-19 Recount certificate; certified copy as prima facie evidence of

votes cast
Sec. 19. Except in recount proceedings for an election to the offices of governor and
lieutenant governor and legislative offices, a recount certificate made under section 18 of this
chapter supersedes all previous returns made in any form of the recounted votes. A certified
copy of a recount certificate constitutes prima facie evidence of the votes cast for nomination
or election to the office in the precincts in any proceeding in which there is an issue as to the
votes cast at the election for the nomination or election to office.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1987, SEC.411; P.L.10-1988, SEC.175.

IC 3-12-11-19.5 Recount or contest proceeding for presidential electors;

conclusion
Sec. 19.5. As required under 3 U.S.C. 5, any recount or contest proceeding concerning
the election of presidential electors must be concluded not later than six (6) days before the
time fixed by federal law for the meeting of the presidential electors.
As added by P.L.3-1997, SEC.373. Amended by P.L.14-2004, SEC.167; P.L.201-2017,
SEC.38.

IC 3-12-11-20 Recount for offices of governor and lieutenant governor;

certified statements
Sec. 20. (a) On the day following the completion of a recount for the election to the
offices of governor and lieutenant governor, the election division shall prepare two (2)
certified statements for the secretary of state under the secretary of state's seal showing the
total number of votes that each candidate received.
(b) The secretary of state shall transmit the statements to:
(1) the speaker of the house of representatives; and
(2) the president pro tempore of the senate;
before the date specified in Article 5, Section 9 of the Constitution of the State of Indiana for
the beginning of the term of the governor.
As added by P.L.7-1986, SEC.19. Amended by P.L.10-1988, SEC.176; P.L.4-1995, SEC.14;
P.L.3-1997, SEC.374.

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IC 3-12-11-21 Recount for legislative office; deadline; certification of results
Sec. 21. (a) Except as provided in subsection (b), a recount or contest for election to a
legislative office shall be completed by the state recount commission not later than December
20 after the election.
(b) The state recount commission may adopt orders extending the deadline for completion
of a recount or contest to a date specified in the order if the commission finds that there is
good cause to do so.
(c) Not later than seven (7) days after the state recount commission completes a recount,
the election division shall prepare two (2) certified statements showing the total number of
votes that each candidate received. The election division shall transmit one (1) statement to
the candidate receiving the highest number of votes for the office. After the statements have
been prepared, the secretary of state shall deliver the other statement to the presiding officer
of the house in which the successful candidate is to be seated.
(d) The statement shall be referred by the presiding officer for such action as that house
considers appropriate.
As added by P.L.7-1986, SEC.19. Amended by P.L.10-1988, SEC.177; P.L.3-1993,
SEC.218; P.L.3-1997, SEC.375; P.L.103-2005, SEC.20; P.L.225-2011, SEC.77.

IC 3-12-11-22 Effect of certified statement on candidate's eligibility for office

Sec. 22. A statement prepared under section 20 or 21 of this chapter does not determine
the eligibility of a candidate for office but is prepared only for the purpose of referring the
information to the proper authorities.
As added by P.L.7-1986, SEC.19. Amended by P.L.3-1997, SEC.376.

IC 3-12-11-23 Recount for federal office or certain state offices; correction of

tabulation
Sec. 23. (a) If a recount is made:
(1) in a presidential primary election;
(2) for nomination to a federal, state, or legislative office in a primary election;
(3) in an election to a federal office; or
(4) in an election to a state office other than governor and lieutenant governor;
the election division shall determine whether the votes in the precincts shown by the recount
certificate differ from the votes that were tabulated by any county election board. If the
election division previously included in a tabulation the votes cast for the office as returned
by the county election board, the election division shall correct the tabulation in accordance
with the certificate.
(b) The election division shall provide a copy of the corrected tabulation for each precinct
to the office.
As added by P.L.7-1986, SEC.19. Amended by P.L.10-1988, SEC.178; P.L.3-1993,
SEC.219; P.L.3-1997, SEC.377; P.L.212-2001, SEC.31.

IC 3-12-11-24 Certificate of nomination or election or commission for office

Sec. 24. The candidate shown by a corrected vote tabulation under section 23 of this
chapter to have received the highest number of votes for nomination or election to an office
is entitled to a certificate of nomination, certificate of election, or commission for the office
even though one may have been issued upon a previous tabulation.
As added by P.L.7-1986, SEC.19. Amended by P.L.10-1988, SEC.179.

IC 3-12-11-25 Determination of candidate ineligibility; certification of

runner-up; governor appointment; effect on votes cast
Sec. 25. (a) Except as provided in subsection (b), whenever the commission makes a final
determination under section 18 of this chapter that the candidate who is subject to a contest
proceeding is not eligible to serve in the office to which the candidate is nominated or

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elected, the candidate who received the second highest number of votes for the office is
entitled to a certificate of nomination or certificate of election even though a certificate may
have been issued to another candidate upon the tabulation of the votes.
(b) This subsection applies to a contest proceeding for a state office other than the offices
of governor, lieutenant governor, justice of the supreme court, judge of the court of appeals,
and judge of the tax court. Whenever the commission makes a final determination under
section 18(b) of this chapter that the candidate who is subject to a contest proceeding is not
eligible to serve in the office to which the candidate is elected the following apply:
(1) This subdivision does not apply to the filling of a state office following a contest
proceeding or court action that resulted from an election held before January 1, 2011.
The office is considered vacant, and the governor shall fill the vacancy as provided in
IC 3-13-4-3(e) by the appointment of a person of the same political party as the
candidate who is not eligible to serve.
(2) The commission's determination that the candidate is not eligible to serve in the
office does not affect the votes cast for the candidate for purposes of determining the
number or percentage of votes cast for purposes of other statutes, including
IC 3-5-2-30, IC 3-6-2-1, IC 3-6-4.1-6, IC 3-6-5.2-7, IC 3-6-6-8, IC 3-6-7-1, IC 3-6-8-1,
IC 3-8-4, IC 3-8-6, IC 3-10-1-2, IC 3-10-2-15, IC 3-10-4-2, IC 3-10-6, IC 3-10-7-26,
IC 3-11-2-6, IC 3-11-13-11, IC 3-11-14-3.5, IC 3-13-9-4.5, IC 6-9-2-3, and
IC 36-4-1.5-2.
As added by P.L.3-1987, SEC.412. Amended by P.L.10-1988, SEC.180; P.L.225-2011,
SEC.78; P.L.233-2015, SEC.2.

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IC 3-12-12 Chapter 12. Recount Procedures for Public Questions

3-12-12-1 Voters entitled to recount

3-12-12-1.5 Chapter establishes standards to define vote in recount
3-12-12-1.7 "Petitioner"
3-12-12-2 Filing of petition
3-12-12-3 Petition contents
3-12-12-4 Signatures by voters; percentage
3-12-12-5 Cash deposit or bond to accompany petition
3-12-12-6 Payment of costs upon failure to provide cash deposit
3-12-12-7 Multiple petitions in single county
3-12-12-8 Petitions in multiple counties; jurisdiction
3-12-12-9 Order of recount
3-12-12-10 Consolidated petitions and orders
3-12-12-11 Recount commission; membership
3-12-12-12 Compensation of commission members
3-12-12-13 Sending copy of recount order
3-12-12-14 Impoundment and protection of voting equipment and materials
3-12-12-15 Copies of impounded materials
3-12-12-16 Access to impounded materials
3-12-12-17 Recount by commission; watchers
3-12-12-18 Manual recount request; withdrawal
3-12-12-19 Certificate of recount totals
3-12-12-20 Effect of recount certificate
3-12-12-21 Finality of commission determination; appeal
3-12-12-22 Multiple county elections; differences in vote totals; certificate of corrected
totals
3-12-12-23 Statewide public questions; recounts; certificate of corrected vote totals;
certificate of approval or rejection
3-12-12-24 Repealed
3-12-12-25 Single county elections; differences in vote totals; certificate of corrected
totals
3-12-12-26 Local public questions; recounts; transmittal of certificate of corrected totals;
certificate of approval or rejection

IC 3-12-12-1 Voters entitled to recount

Sec. 1. (a) Any voter who satisfies both of the following is entitled to have the votes cast
on a public question on the ballot in that election district recounted under this chapter:
(1) The voter is a voter in the election district where the public question was on the
ballot at the election.
(2) The voter voted at the election at which the public question was on the ballot.
(b) A recount may be conducted in one (1) or more of the precincts in which votes were
cast for the public question.
As added by P.L.10-1988, SEC.181. Amended by P.L.4-1996, SEC.85.

IC 3-12-12-1.5 Chapter establishes standards to define vote in recount

Sec. 1.5. This chapter is enacted to comply with 52 U.S.C. 21081 by establishing uniform
and nondiscriminatory standards to define what will be counted as a vote on a paper ballot,
an optical scan voting system, or an electronic voting system in a recount conducted under
this chapter.
As added by P.L.209-2003, SEC.191. Amended by P.L.128-2015, SEC.216.

IC 3-12-12-1.7 "Petitioner"
Sec. 1.7. As used in this chapter, "petitioner" refers to the individual voter whose name
is listed first on the petition filed under section 2 of this chapter.
As added by P.L.76-2014, SEC.57.

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IC 3-12-12-2 Filing of petition
Sec. 2. A voter who desires a recount under this chapter must file a verified petition no
later than noon fourteen (14) days after election day. The petition must be filed:
(1) in the circuit court, superior court, or probate court of each county in which is
located a precinct in which the voter desires a recount; or
(2) with the election division, if the recount is to be conducted by the state recount
commission under section 23 of this chapter.
As added by P.L.10-1988, SEC.181. Amended by P.L.3-1997, SEC.378; P.L.164-2006,
SEC.129; P.L.84-2016, SEC.13; P.L.74-2017, SEC.58; P.L.278-2019, SEC.151.

IC 3-12-12-3 Petition contents

Sec. 3. Each petition filed under section 2 of this chapter must state the following:
(1) The public question for which the petitioner desires a recount.
(2) The precincts within the county in which the petitioner desires a recount.
(3) That the petitioner voted on the public question in the election.
(4) That the petitioner in good faith believes that the votes cast on the public question
at the election in the precincts were not correctly counted and returned.
(5) That the petitioner desires a recount of all the votes cast on the public question in
the precincts specified.
As added by P.L.10-1988, SEC.181.

IC 3-12-12-4 Signatures by voters; percentage

Sec. 4. The petition filed under section 2 of this chapter must also be signed by a number
of voters within the election district equal to at least ten percent (10%) of the voters who cast
ballots on the public question in the election.
As added by P.L.10-1988, SEC.181. Amended by P.L.76-2014, SEC.58.

IC 3-12-12-5 Cash deposit or bond to accompany petition

Sec. 5. (a) Each petition filed under section 2 of this chapter must be accompanied by a
cash deposit, or a bond with corporate surety to the approval of the court, if the recount is to
be conducted by a county recount commission, for the payment of all costs of the recount
chargeable to the petitioner. The minimum amount of the cash deposit or bond is one hundred
dollars ($100). A cash deposit for a recount conducted by a county recount commission shall
be deposited in the county general fund. A cash deposit in a recount conducted by the state
recount commission shall be deposited in the state recount fund.
(b) This subsection applies to the recount of a public question to which either of the
following applies:
(1) The public question is a local public question under IC 3-10-9 in which, on the face
of the election returns, the difference between the number of affirmative and negative
votes cast is not more than two hundred (200).
(2) The public question is covered under section 23 of this chapter and, on the face of
the election returns, the difference between the number of affirmative and negative
votes cast is not more than two thousand (2,000).
If the number of precincts to be recounted exceeds ten (10), then the amount of the deposit
shall be increased by ten dollars ($10) for each precinct in excess of ten (10).
(c) This subsection applies to the recount of a public question to which either of the
following applies:
(1) The public question is a local public question under IC 3-10-9 and, on the face of
the election returns, the difference between the number of affirmative and negative
votes cast is more than two hundred (200).
(2) The public question is covered under section 23 of this chapter and, on the face of
the election returns, the difference between the number of affirmative and negative
votes cast is more than two thousand (2,000).

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If the number of precincts to be recounted exceeds ten (10), the amount of the deposit shall
be increased by one hundred dollars ($100) for each precinct in excess of ten (10).
(d) If after a recount, it is determined that the result of the public question is other than
what was shown on the face of the election returns, the deposit furnished by the petitioner
shall be returned to the petitioner in full.
(e) Any unexpended balance remaining in a deposit after payment of all costs of the
recount remains in the county general fund.
(f) This subsection applies to a recount conducted by the state recount commission under
this chapter. Any unexpended balance remaining in a deposit after payment of all costs of the
recount remains in the state recount fund.
As added by P.L.10-1988, SEC.181. Amended by P.L.8-1995, SEC.63; P.L.176-1999,
SEC.112; P.L.74-2017, SEC.59.

IC 3-12-12-6 Payment of costs upon failure to provide cash deposit

Sec. 6. (a) This section does not apply to a petitioner if it is determined that the result of
the public question is other than what was shown on the face of the election returns.
(b) If a cash deposit was not made as required by section 5 of this chapter, the petitioner
shall pay to the circuit court clerk within ten (10) days after the recount is completed all costs
of the recount.
As added by P.L.10-1988, SEC.181. Amended by P.L.8-1995, SEC.64; P.L.76-2014, SEC.59.

IC 3-12-12-7 Multiple petitions in single county

Sec. 7. If more than one (1) petition is filed under section 2 of this chapter in one (1)
county requesting a recount of votes cast on a public question in a precinct in that county, the
petitions shall be consolidated under the first petition filed.
As added by P.L.10-1988, SEC.181. Amended by P.L.84-2016, SEC.14.

IC 3-12-12-8 Petitions in multiple counties; jurisdiction

Sec. 8. If petitions are filed under section 2 of this chapter in more than one (1) county,
the circuit court, superior court, or probate court of the county casting, on the face of the
election returns, the highest number of votes on the public question shall assume jurisdiction
over all petitions concerning the public question.
As added by P.L.10-1988, SEC.181. Amended by P.L.84-2016, SEC.15.

IC 3-12-12-9 Order of recount

Sec. 9. Upon the filing of a petition and bond under this chapter, the court shall grant the
petitions that have been filed and order the recount of votes in the precincts by appointing
a recount commission.
As added by P.L.10-1988, SEC.181.

IC 3-12-12-10 Consolidated petitions and orders

Sec. 10. If there is a consolidation of petitions, the court shall by consolidated order grant
the consolidated petitions and order a consolidated recount of all votes on the public question
in all precincts in the counties requested in the petitions.
As added by P.L.10-1988, SEC.181.

IC 3-12-12-11 Recount commission; membership

Sec. 11. (a) A recount commission consists of three (3) persons.
(b) Two (2) members of the commission must be voters who:
(1) are members of different major political parties of the state; and
(2) were qualified to vote at the election in a county in which the election district that
voted on the public question is located.
(c) This subsection applies to a recount commission conducting a recount of an election

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in which only paper ballots were used. The third member of the commission must be a person
who:
(1) is a member of a major political party of the state; and
(2) was qualified to vote at the election in a county in which the election district that
voted on the public question is located.
(d) This subsection applies to a recount of an election in which a voting method other than
only paper ballots was used. The third member of the commission must be a competent
mechanic who is familiar with the ballot card voting systems or electronic voting systems
used in that election. The mechanic is not required to be qualified to vote at the election in
a county in which the election district that voted on the public question is located.
As added by P.L.10-1988, SEC.181. Amended by P.L.221-2005, SEC.131.

IC 3-12-12-12 Compensation of commission members

Sec. 12. Each member of a recount commission is entitled to a per diem not to exceed one
hundred dollars ($100) for each day actually engaged in making the recount. The judge of
the court having jurisdiction over the recount shall fix the compensation paid under this
section.
As added by P.L.10-1988, SEC.181. Amended by P.L.4-1991, SEC.120.

IC 3-12-12-13 Sending copy of recount order

Sec. 13. On the day when the order of a recount is made and entered by the court, the
circuit court clerk shall send a certified copy of the order by certified mail to the petitioner
at the address stated in the petition. The clerk shall charge the cost of mailing the order to
each petitioner.
As added by P.L.10-1988, SEC.181. Amended by P.L.76-2014, SEC.60.

IC 3-12-12-14 Impoundment and protection of voting equipment and

materials
Sec. 14. (a) A court ordering a recount under this chapter shall by order impound and
provide for the protection of the following:
(1) All ballots and electronic voting systems used at the election for casting votes in the
precincts.
(2) All tally sheets relating to the votes cast on the public question.
(3) All poll lists of persons registered by the poll clerks as having voted on the public
question.
(b) An order issued by the state recount commission under IC 3-12-10 supersedes an
order issued by a court under this section to the extent that the orders conflict. The state
recount commission shall assist a court acting under this section to the extent that the ability
of the state recount commission to preserve the integrity of election records or equipment is
not hindered.
(c) An impoundment order issued under subsection (a) may not prevent a circuit court
clerk or board of registration from copying election material other than ballots if the clerk
or board copies the material under the supervision of a person designated by the court.
As added by P.L.10-1988, SEC.181. Amended by P.L.221-2005, SEC.132.

IC 3-12-12-15 Copies of impounded materials

Sec. 15. A circuit court clerk or board of registration may use a copy made under section
14 of this chapter instead of an original subject to an impoundment order under that section
until the court orders the release of the original.
As added by P.L.10-1988, SEC.181.

IC 3-12-12-16 Access to impounded materials

Sec. 16. A court acting under section 14 of this chapter shall make the ballots, electronic

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voting systems, tally sheets, and poll lists available to the recount commission appointed
under this chapter.
As added by P.L.10-1988, SEC.181. Amended by P.L.221-2005, SEC.133.

IC 3-12-12-17 Recount by commission; watchers

Sec. 17. (a) After a recount is ordered under section 9 of this chapter, the recount
commission shall convene at a place fixed by order of the court and expeditiously complete
the recount of all votes ordered recounted.
(b) The petitioner may designate a watcher to be present at the recount and may also be
present in person. Representatives of the media may also attend the recount.
As added by P.L.10-1988, SEC.181. Amended by P.L.76-2014, SEC.61.

IC 3-12-12-18 Manual recount request; withdrawal

Sec. 18. (a) A petition filed under this chapter may request that ballot cards in specified
precincts that used a ballot card voting system be counted manually. If a petition includes
such a request, the recount commission may not use automatic tabulating machines to count
ballot cards in the specified precincts. Ballot cards in those precincts shall be counted
manually, and the tabulation of votes must comply with IC 3-11-7.
(b) A petitioner may withdraw a request for a manual recount of ballot cards at any time
after the recount commission conducts a test of the automatic tabulating machines to
ascertain that the machines will correctly count the votes cast on the public question that is
the subject of the recount.
As added by P.L.10-1988, SEC.181.

IC 3-12-12-19 Certificate of recount totals

Sec. 19. When a recount is completed by a recount commission appointed under this
chapter, the commission shall:
(1) make and sign a certificate showing the total number of votes received in the
precincts on the public question;
(2) state in its certificate whether affirmative or negative votes received the highest
number of votes in the precincts on the public question and by what plurality; and
(3) file its certificate with the circuit court clerk. The clerk shall enter the certificate in
the order book of the court.
As added by P.L.10-1988, SEC.181.

IC 3-12-12-20 Effect of recount certificate

Sec. 20. A recount certificate made under section 19 of this chapter supersedes all
previous returns made in any form of the recounted votes. A certified copy of a recount
certificate constitutes prima facie evidence of the votes cast on the public question in the
precincts in any contest or other proceeding in which there is an issue as to the votes cast at
the election on the public question.
As added by P.L.10-1988, SEC.181.

IC 3-12-12-21 Finality of commission determination; appeal

Sec. 21. The determination of a recount commission under section 19 of this chapter is
final, although an appeal may be taken to the circuit court, superior court, or probate court
that appointed the commission.
As added by P.L.10-1988, SEC.181. Amended by P.L.84-2016, SEC.16.

IC 3-12-12-22 Multiple county elections; differences in vote totals; certificate

of corrected totals
Sec. 22. (a) This section does not apply to a recount conducted by the state recount
commission under section 23 of this chapter.

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 (b) If a recount is made for a public question for which votes were cast in more than one
(1) county, each circuit court clerk where the recount was made shall determine whether the
votes in the precincts shown by the recount certificate differ from the votes that were
tabulated by the county election board. If a circuit court clerk finds that there is a difference
between the votes shown by the recount certificate and the votes tabulated by the county
election board, the clerk shall prepare a certificate showing the total vote in the county for
and against the public question as corrected in accordance with the recount certificate.
As added by P.L.10-1988, SEC.181. Amended by P.L.3-1993, SEC.220; P.L.74-2017,
SEC.60.

IC 3-12-12-23 Statewide public questions; recounts; certificate of corrected

vote totals; certificate of approval or rejection
Sec. 23. (a) This section applies to a recount of:
(1) a public question concerning the ratification of a state constitutional amendment or
the retention of a justice of the Indiana supreme court, a judge of the Indiana court of
appeals, or the judge of the Indiana tax court; or
(2) another public question voted on by the electorate of the entire state.
(b) The state recount commission shall conduct a recount proceeding under this section
and shall immediately transmit a certificate to the election division showing for each precinct
in which a recount was conducted the total vote for and against the public question.
(c) Upon tabulation of the returns under this section by the election division, the secretary
of state shall issue a certificate declaring the public question approved or rejected.
(d) The election division shall provide to the office the results of the recount in each
precinct in which a recount was conducted.
As added by P.L.10-1988, SEC.181. Amended by P.L.4-1991, SEC.121; P.L.3-1997,
SEC.379; P.L.212-2001, SEC.32; P.L.169-2015, SEC.151; P.L.74-2017, SEC.61.

IC 3-12-12-24 Repealed
As added by P.L.10-1988, SEC.181. Repealed by P.L.4-1991, SEC.147.

IC 3-12-12-25 Single county elections; differences in vote totals; certificate of

corrected totals
Sec. 25. If a recount is made for a public question on which votes were cast only in a
single county, the circuit court clerk shall determine whether the votes shown by the recount
certificate differ from the votes that were tabulated by the county election board. If the circuit
court clerk finds that there is a difference between the votes shown by the recount certificate
and the votes tabulated by the county election board, the clerk shall prepare a certificate
showing the total vote for and against the public question as corrected in accordance with the
recount certificate.
As added by P.L.10-1988, SEC.181. Amended by P.L.3-1993, SEC.221.

IC 3-12-12-26 Local public questions; recounts; transmittal of certificate of

corrected totals; certificate of approval or rejection
Sec. 26. (a) This section applies to a recount of votes cast on a local public question.
(b) The circuit court clerk shall transmit the certificate prepared under section 22 or 25
of this chapter to the county election board of the county having the greatest percentage of
population of the election district voting on the public question.
(c) Upon tabulation of the returns under this section, the county election board shall issue
a certificate declaring the public question approved or rejected.
As added by P.L.10-1988, SEC.181. Amended by P.L.4-1991, SEC.122.

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IC 3-12-13 Chapter 13. Risk-Limiting Audits

3-12-13-1 "County election board"

3-12-13-2 "Incorrect outcome"
3-12-13-3 "Post-election audit"
3-12-13-4 Designation of counties as post-election audit counties
3-12-13-5 Elections subject to post-election audits
3-12-13-6 Waiver of requirements
3-12-13-7 Post-election audit; deadlines for completion; secretary of state administrative
orders

IC 3-12-13-1 "County election board"

Sec. 1. For purposes of this chapter, a reference to a "county election board" includes the
following:
(1) A county election board established by IC 3-6-5.
(2) A board of elections and registration.
As added by P.L.34-2019, SEC.1. Amended by P.L.156-2020, SEC.5.

IC 3-12-13-2 "Incorrect outcome"

Sec. 2. As used in this chapter, "incorrect outcome" means an outcome that is inconsistent
with an election outcome that would be obtained by conducting a full recount.
As added by P.L.34-2019, SEC.1.

IC 3-12-13-3 "Post-election audit"

Sec. 3. As used in this chapter, "post-election audit" means an audit protocol that makes
use of statistical methods and is designed to limit to acceptable levels the risk of certifying
a preliminary election outcome that constitutes an incorrect outcome.
As added by P.L.34-2019, SEC.1. Amended by P.L.115-2022, SEC.14.

IC 3-12-13-4 Designation of counties as post-election audit counties

Sec. 4. (a) The secretary of state may designate counties as post-election audit counties.
(b) For a county to be designated as a post-election audit county, the county election
board must adopt a resolution requesting the secretary of state to designate the county as a
post-election audit county.
(c) In designating a county as a post-election audit county, the secretary of state shall seek
to designate a variety of counties as post-election audit counties based on the number of
active voters within the county.
(d) A county designated as a post-election audit county shall conduct post-election audits
as provided in this chapter.
As added by P.L.34-2019, SEC.1. Amended by P.L.115-2022, SEC.15.

IC 3-12-13-5 Elections subject to post-election audits

Sec. 5. (a) The secretary of state shall determine the number of elections that are subject
to a post-election audit.
(b) All contested elections for an elected office and all public questions are eligible for
designation under subsection (a) for a post-election audit.
As added by P.L.34-2019, SEC.1. Amended by P.L.135-2020, SEC.11; P.L.115-2022,
SEC.16.

IC 3-12-13-6 Waiver of requirements

Sec. 6. (a) The secretary of state may waive the requirement of section 5 of this chapter,
after a written request by a county election board.
(b) The secretary of state may waive the requirement of section 5 of this chapter only if
the county election board shows that the technology in use by the county will not enable the

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county election board to satisfy the requirements for a post-election audit for an election.
As added by P.L.34-2019, SEC.1. Amended by P.L.193-2021, SEC.97; P.L.115-2022,
SEC.17.

IC 3-12-13-7 Post-election audit; deadlines for completion; secretary of state

administrative orders
Sec. 7. (a) The secretary of state shall issue orders to implement and administer the
requirements of this chapter if a petition for recount or contest filed under this article
affecting the county has not been filed. If a petition for a recount or contest has been filed
affecting the county, then the deadline to complete a post-election audit is not later than sixty
(60) days after completion of the recount or contest.
(b) In issuing an order under subsection (a), the secretary of state shall:
(1) consult with recognized statistical experts, equipment vendors, the election division,
and county election officials; and
(2) consider best practices for conducting post-election audits.
(c) A post-election audit shall be completed not later than:
(1) the final Friday in June following a primary election;
(2) December 20 following a general election, if a petition for a recount or contest that
affects the county has not been filed under this article; or
(3) sixty (60) days following completion of the recount or contest, if a petition for a
recount or contest that affects the county has been filed under this article.
As added by P.L.34-2019, SEC.1. Amended by P.L.135-2020, SEC.12; P.L.115-2022,
SEC.18; P.L.227-2023, SEC.124.

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IC 3-12-14 Chapter 14. Election Procedure Audits

3-12-14-1 "County election board"

3-12-14-2 "Procedure audit"
3-12-14-3 When procedure audit may be conducted; scope of audit
3-12-14-4 Secretary of state administrative orders; factors evaluated by procedure audit;
statistical procedures
3-12-14-5 Training program for county election officials
3-12-14-6 Secretary of state to supervise procedure audits
3-12-14-7 Providing results of procedure audit

IC 3-12-14-1 "County election board"

Sec. 1. For purposes of this chapter, a reference to a "county election board" includes the
following:
(1) A county election board established by IC 3-6-5.
(2) A board of elections and registration.
As added by P.L.34-2019, SEC.2. Amended by P.L.156-2020, SEC.6.

IC 3-12-14-2 "Procedure audit"

Sec. 2. As used in this chapter, "procedure audit" refers to a process by which the
procedures of an election are reviewed to determine how well an election was conducted in
accordance with Indiana law.
As added by P.L.34-2019, SEC.2.

IC 3-12-14-3 When procedure audit may be conducted; scope of audit

Sec. 3. (a) The secretary of state, with the consent of the co-directors of the election
division, may require a procedure audit of an election to be conducted if there is:
(1) an investigation under IC 3-6 relating to the election; or
(2) a recount of the election under IC 3-12.
(b) The secretary of state, with the consent of the co-directors of the election division,
may define the scope of a procedure audit under this chapter.
As added by P.L.34-2019, SEC.2.

IC 3-12-14-4 Secretary of state administrative orders; factors evaluated by

procedure audit; statistical procedures
Sec. 4. (a) The secretary of state shall issue orders to develop a procedure audit program
that details the documents to be inspected, the procedures to be reviewed, and the process by
which a procedure audit is conducted under this chapter.
(b) The following factors may be evaluated by a procedure audit:
(1) Evaluation of voter registration procedures, including the following:
(A) Proper use of voter registration forms.
(B) Entry of data into the statewide voter registration file.
(C) Proper use of forms.
(D) Ability of procedures to accurately determine eligibility of registrants.
(2) Evaluation of proper use and operation of electronic poll books and other electronic
systems.
(3) Evaluation of voting systems.
(4) Evaluation of compliance with federal and state requirements.
(5) Evaluation of absentee voting requirements and procedures.
(6) Evaluation of provisional ballot voting requirements and procedures.
(7) Evaluation of other factors as determined by the secretary of state.
(c) The secretary of state may require use of sampling and other statistically valid
procedures for conducting a procedure audit.
As added by P.L.34-2019, SEC.2. Amended by P.L.135-2020, SEC.13.

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IC 3-12-14-5 Training program for county election officials
Sec. 5. The secretary of state may develop and administer a training program for county
election officials and their staffs for conducting procedure audits.
As added by P.L.34-2019, SEC.2.

IC 3-12-14-6 Secretary of state to supervise procedure audits

Sec. 6. The secretary of state shall supervise a county election board in conducting a
procedure audit.
As added by P.L.34-2019, SEC.2.

IC 3-12-14-7 Providing results of procedure audit

Sec. 7. A county election board that conducts a procedure audit under this chapter shall
provide the results of the audit to the secretary of state not later than thirty (30) days after
completion of the audit.
As added by P.L.34-2019, SEC.2.

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IC 3-13 ARTICLE 13. VACANCIES

Ch. 1. Early Candidate Vacancies

Ch. 2. Late Candidate Vacancies
Ch. 3. Vacancies in Federal Offices
Ch. 4. Vacancies in State Offices
Ch. 5. Vacancies in Legislative Offices
Ch. 6. Vacancies in County Judicial and Circuit Offices
Ch. 7. Vacancies in Other County Offices Not Held by a Major Party
Ch. 8. Vacancies in City Offices Not Held by a Major Party
Ch. 9. Vacancies in Town Offices Not Held or Filled by a Major Party
Ch. 10. Vacancies in Township Offices Not Held by a Major Party
Ch. 11. Caucus Procedure for Filling Vacancies in Certain Local Offices Held by
Major Parties

IC 3-13-1 Chapter 1. Early Candidate Vacancies

3-13-1-1 Application of chapter

3-13-1-2 Candidate vacancy for primary election; ballot not to be filled but may be
filled on following general or municipal election ballot
3-13-1-2.5 Individual filling candidate vacancy must meet qualifications for office
3-13-1-3 United States Senator or state office
3-13-1-4 United States Representatives
3-13-1-5 Legislative office
3-13-1-6 "County committee"; local office; office of circuit court judge or prosecuting
attorney
3-13-1-7 Time for taking action to fill candidate vacancy
3-13-1-8 Meeting to be called and chaired by state or county chairman or designated
party
3-13-1-9 Requirements for call of caucus meeting; not applicable to other meetings
under chapter
3-13-1-10 Eligibility to participate in caucus
3-13-1-10.5 Declaration of candidacy; contents; time for filing
3-13-1-11 Establishment of rules of procedure; voting
3-13-1-11.5 Voting by proxy
3-13-1-12 Tiebreaking vote; effect of lack of quorum
3-13-1-13 Local office; appointment of individual to fill candidate vacancy
3-13-1-14 Selection of person as candidate; written consent and statement of economic
interest as prerequisite
3-13-1-15 Certificate of candidate selection
3-13-1-16 Furnishing certified list of name and address of candidate selected
3-13-1-16.5 Validity of certificate of candidate selection; reference and determination
3-13-1-17 Vacancy existing because of tie vote in primary election; selection of
candidate
3-13-1-18 Town offices; certificate of candidate selection by certain minor parties
3-13-1-19 Eligibility of persons defeated in primary election or town or state convention
3-13-1-20 Vacancy existing following convention of certain minor parties
3-13-1-20.5 Question concerning validity of candidate selection by certain political parties;
determination by commission or county election board; time to act upon
question
3-13-1-21 Receiving certificate of candidate selection not permitted if certain deadlines
not met

IC 3-13-1-1 Application of chapter

Sec. 1. Except as provided in section 18 or 20 of this chapter or IC 3-10-8-7.5, this
chapter applies to the filling of a candidate vacancy that arises for any reason if the vacancy
leaves a major political party without a candidate for the office and occurs before the thirtieth
day before a general, special, or municipal election.
[Pre-1986 Recodification Citations: 3-1-11-10(a) part; 3-1-11-1(i).]

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As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.413; P.L.4-1991, SEC.123;
P.L.3-1997, SEC.380; P.L.219-2013, SEC.66.

IC 3-13-1-2 Candidate vacancy for primary election; ballot not to be filled

but may be filled on following general or municipal election
ballot
Sec. 2. A candidate vacancy that exists on a primary election ballot may not be filled for
the primary election. The resulting vacancy on the following general or municipal election
ballot may be filled in the manner prescribed by this chapter if it is filled not later than the
noon July 3 certification deadline under section 15(c) of this chapter.
[Pre-1986 Recodification Citation: 3-1-11-10(a) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.414; P.L.4-1991, SEC.124;
P.L.260-2001, SEC.6; P.L.193-2021, SEC.98.

IC 3-13-1-2.5 Individual filling candidate vacancy must meet qualifications

for office
Sec. 2.5. A candidate seeking to fill a candidate vacancy under this chapter must comply
with the requirements imposed under IC 3-8-1 for the office.
As added by P.L.230-2005, SEC.62.

IC 3-13-1-3 United States Senator or state office

Sec. 3. Except as provided in IC 3-10-8-7, a candidate vacancy for United States Senator
or a state office shall be filled by the state committee of the political party.
[Pre-1986 Recodification Citation: 3-1-11-10(b)(4).]
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1989, SEC.17.

IC 3-13-1-4 United States Representatives

Sec. 4. Except as provided in IC 3-10-8-7.5, a candidate vacancy for United States
Representative shall be filled by a caucus comprised by the precinct committeemen of the
political party whose precincts are within the congressional district.
[Pre-1986 Recodification Citation: 3-1-11-10(b)(3).]
As added by P.L.5-1986, SEC.9. Amended by P.L.219-2013, SEC.67.

IC 3-13-1-5 Legislative office

Sec. 5. A candidate vacancy for a legislative office shall be filled by a caucus comprised
by the precinct committeemen of the political party whose precincts are within the senate or
house district.
[Pre-1986 Recodification Citation: 3-1-11-10(b)(2) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.26-2000, SEC.21.

IC 3-13-1-6 "County committee"; local office; office of circuit court judge

or prosecuting attorney
Sec. 6. (a) As used in this section, "county committee" refers to the precinct
committeemen and vice committeemen of a major political party representing a precinct
within the county.
(b) Except as provided in subsection (c), a candidate vacancy for a local office shall be
filled by either of the following:
(1) A caucus comprised of the precinct committeemen who are eligible to participate
under section 10 of this chapter.
(2) The county chairman of the political party or a committee comprised of the
chairman, vice chairman, secretary, and treasurer of the county committee of the party,
if all of the following apply:
(A) The county chairman or the committee is authorized to fill vacancies under this

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 chapter by majority vote of the county committee.
(B) The election district for the local office is entirely within one (1) county.
(C) Documentation of the authority given under clause (A) is attached to the
certification of candidate selection filed under section 15 of this chapter.
(c) A candidate vacancy for the office of circuit court judge or prosecuting attorney in a
circuit having more than one (1) county shall be filled by a caucus comprised of the precinct
committeemen who constitute the county committees of the political party for all of the
circuit.
[Pre-1986 Recodification Citation: 3-1-11-10(b)(1), (b)(2) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.415; P.L.10-1988, SEC.182;
P.L.4-1996, SEC.86; P.L.26-2000, SEC.22; P.L.216-2015, SEC.23; P.L.278-2019, SEC.152.

IC 3-13-1-7 Time for taking action to fill candidate vacancy

Sec. 7. (a) Except as provided in subsection (b), action to fill a candidate vacancy must
be taken:
(1) not later than noon July 3 after the primary election if the vacancy exists on a
general or municipal election ballot; and
(2) within thirty (30) days after the occurrence of the vacancy, if the vacancy exists on
a special election ballot, subject to section 2 of this chapter.
(b) This subsection applies to a candidate vacancy that exists before the thirtieth day
before a general, municipal, or special election and that is due to any of the following:
(1) The death of a candidate.
(2) The withdrawal of a candidate.
(3) The disqualification of a candidate under IC 3-8-1-5.
(4) A court order issued under IC 3-8-7-29(d).
(5) The successful challenge of a candidate nominated by a state, county, or town
convention of a political party.
(6) The successful challenge of candidate under IC 3-8-8.
(7) The successful challenge of a candidate under sections 16.5 and 20.5 of this
chapter.
Action to fill a candidate vacancy under section 3, 4, 5, or 6 of this chapter for reasons
permitted under this subsection must be taken within thirty (30) days after the occurrence of
the vacancy.
[Pre-1986 Recodification Citation: 3-1-11-10(c).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.416; P.L.10-1988, SEC.183;
P.L.4-1991, SEC.125; P.L.1-1993, SEC.14; P.L.176-1999, SEC.113; P.L.260-2001, SEC.7;
P.L.193-2021, SEC.99.

IC 3-13-1-8 Meeting to be called and chaired by state or county chairman

or designated party
Sec. 8. A meeting under section 3, 4, 5, or 6 of this chapter shall be called and chaired by:
(1) the state chairman, or a person designated by the state chairman, for a caucus or
committee acting under section 3, 4, 5, or 6(c) of this chapter; or
(2) the county chairman of the county in which the greatest percentage of the
population of the election district is located, or an individual designated by the county
chairman, for a caucus or committee acting under section 6(b) of this chapter.
[Pre-1986 Recodification Citation: 3-1-11-10(d).]
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.184; P.L.3-1989, SEC.14;
P.L.225-2011, SEC.79; P.L.216-2015, SEC.24.

IC 3-13-1-9 Requirements for call of caucus meeting; not applicable to

other meetings under chapter
Sec. 9. (a) This section applies only to a meeting of a caucus required under this chapter.

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This section does not apply to the filling of a vacancy under this chapter by the county
chairman or a committee acting under section 6(b)(2) of this chapter.
(b) The call for a meeting under section 3, 4, 5, or 6 of this chapter must:
(1) be in writing on a form prescribed by the election division;
(2) state the name of the chairman of the meeting;
(3) state the purpose of the meeting;
(4) state the date, time, and place of the meeting;
(5) be sent by first class mail, at least ten (10) days before the meeting, to all persons
eligible to participate in the meeting; and
(6) be filed not later than noon ten (10) days before the meeting with the official who
is required to receive a certificate of candidate selection following the caucus under
section 15 of this chapter.
[Pre-1986 Recodification Citation: 3-1-11-10(e).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1997, SEC.381; P.L.225-2011, SEC.80;
P.L.216-2015, SEC.25; P.L.169-2015, SEC.152; P.L.278-2019, SEC.153.

IC 3-13-1-10 Eligibility to participate in caucus

Sec. 10. (a) To be eligible to participate in a caucus called under section 4, 5, or 6 of this
chapter, an elected precinct committeeman must be entitled to vote for the office for which
a candidate is to be selected. An elected precinct committeeman is eligible to participate in
a caucus called under this chapter, regardless of when the ballot vacancy occurred.
(b) An appointed precinct committeeman is eligible to participate in a caucus called under
section 4, 5, or 6 of this chapter if the precinct committeeman was a committeeman thirty
(30) days before the vacancy occurred.
(c) For purposes of a candidate vacancy resulting from the failure of a candidate to be
nominated at a primary at which precinct committeemen were elected, an appointed precinct
committeeman is eligible to serve if the committeeman has been reappointed following the
primary in accordance with the rules of the committeeman's political party.
[Pre-1986 Recodification Citation: 3-1-11-10(f).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.417; P.L.10-1988, SEC.185;
P.L.5-1989, SEC.66; P.L.38-1999, SEC.63; P.L.176-1999, SEC.114; P.L.26-2000, SEC.23;
P.L.230-2005, SEC.63; P.L.216-2015, SEC.26.

IC 3-13-1-10.5 Declaration of candidacy; contents; time for filing

Sec. 10.5. (a) This section applies only to a meeting of a caucus required under this
chapter. This section does not apply to the filling of a vacancy by the county chairman or a
committee acting under section 6(b)(2) of this chapter.
(b) A person who wishes to be a candidate for appointment to fill a candidate vacancy
under this chapter must file a declaration of candidacy on a form prescribed by the election
division with:
(1) the chairman of the caucus conducting a meeting under this chapter; and
(2) the official who is required to receive a certificate of candidate selection following
the caucus under section 15 of this chapter;
at least seventy-two (72) hours before the time fixed for the caucus meeting.
(c) A candidate's declaration of candidacy must include a statement that the candidate
requests the name on the candidate's voter registration record be the same as the name the
candidate uses on the declaration of candidacy. If there is a difference between the name on
the candidate's declaration of candidacy and the name on the candidate's voter registration
record, the officer with whom the declaration of candidacy is filed shall forward the
information to the voter registration officer of the appropriate county as required by
IC 3-5-7-6(d). The voter registration officer of the appropriate county shall change the name
on the candidate's voter registration record to be the same as the name on the candidate's
declaration of candidacy.

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 (d) A candidate's declaration of candidacy must contain the following statements:
(1) This subdivision applies to a candidate filing a declaration of candidacy for a state
office, legislative office, local office of judge of a circuit, superior, probate, or small
claims court, or local office of prosecuting attorney of a judicial circuit. A statement
that the candidate has attached either of the following to the declaration:
(A) A copy of a statement of economic interests, file stamped by the office required
to receive the statement of economic interests.
(B) A receipt or photocopy of a receipt showing that a statement of economic
interests has been filed.
This requirement does not apply to a candidate for a federal office.
(2) This subdivision applies to a candidate filing a declaration of candidacy for a local
office not described in subdivision (1) or school board office. A statement that the
candidate understands that if the candidate is selected to fill the candidate vacancy, the
candidate is required to file a statement of economic interests under IC 3-8-9-5.
(3) A statement that the candidate understands that if the candidate is elected to the
office, the candidate may be required to obtain and file an individual surety bond before
serving in the office. This requirement does not apply to a candidate for a federal office
or legislative office.
(4) A statement that the candidate understands that if the candidate is elected to the
office, the candidate may be required to successfully complete training or have attained
certification related to service in an elected office. This requirement does not apply to
a candidate for a federal office, state office, or legislative office.
(5) A statement that the candidate:
(A) is aware of the provisions of IC 3-9 regarding campaign finance and the
reporting of campaign contributions and expenditures; and
(B) agrees to comply with the provisions of IC 3-9.
This requirement does not apply to a candidate for a federal office.
The candidate must separately initial each of the statements required by this subsection.
As added by P.L.3-1993, SEC.222. Amended by P.L.3-1997, SEC.382; P.L.202-1999,
SEC.20; P.L.225-2011, SEC.81; P.L.76-2014, SEC.62; P.L.169-2015, SEC.153;
P.L.193-2021, SEC.100; P.L.227-2023, SEC.125.

IC 3-13-1-11 Establishment of rules of procedure; voting

Sec. 11. (a) At a meeting called under section 3, 4, 5, or 6 of this chapter, the eligible
participants shall:
(1) establish the rules of procedure for the caucus or meeting, except as otherwise
provided in this chapter; and
(2) select, by a majority vote of those casting a vote for a candidate, a person to fill the
candidate vacancy described in the call for the meeting.
(b) If more than one (1) person seeks to fill the vacancy, the selection shall be conducted
by secret ballot.
[Pre-1986 Recodification Citation: 3-1-11-10(g).]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.1; P.L.3-1993, SEC.223;
P.L.26-2000, SEC.24; P.L.225-2011, SEC.82; P.L.216-2015, SEC.27.

IC 3-13-1-11.5 Voting by proxy

Sec. 11.5. (a) Except as provided in this section, voting by proxy is not permitted in a
caucus called under section 4, 5, or 6 of this chapter.
(b) A precinct vice committeeman is entitled to participate in a caucus called under
section 4, 5, or 6 of this chapter and vote as a proxy for the vice committeeman's precinct
committeeman if all of the following apply:
(1) The vice committeeman's precinct committeeman is otherwise eligible to participate
in the caucus under this chapter.

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 (2) The vice committeeman's precinct committeeman is not present at the caucus.
(3) The vice committeeman is eligible under this section.
(c) The vice committeeman of an elected precinct committeeman is eligible to participate
in a caucus called under section 4, 5, or 6 of this chapter and vote the precinct
committeeman's proxy, regardless of when the ballot vacancy occurred, if the vice
committeeman was the vice committeeman five (5) days before the date of the caucus.
(d) If a vice committeeman is not eligible under subsection (c), the vice committeeman
is eligible to participate in a caucus called under section 4, 5, or 6 of this chapter and vote
the precinct committeeman's proxy only if the vice committeeman was the vice
committeeman thirty (30) days before the ballot vacancy occurred.
As added by P.L.26-2000, SEC.25. Amended by P.L.216-2015, SEC.28.

IC 3-13-1-12 Tiebreaking vote; effect of lack of quorum

Sec. 12. (a) If a tie vote occurs among participants acting under section 3, 4, 5, or 6(c) of
this chapter, the chairman of the meeting may cast the tiebreaking vote. If a tie vote occurs
among participants acting under section 6(b) of this chapter, the county chairman or an
individual designated by the county chairman may cast the tiebreaking vote.
(b) If a quorum required under the rules of a meeting held under this chapter is not
present, the county chairman shall fill the candidate vacancy.
[Pre-1986 Recodification Citation: 3-1-11-10(h).]
As added by P.L.5-1986, SEC.9. Amended by P.L.96-2012, SEC.4; P.L.216-2015, SEC.29.

IC 3-13-1-13 Local office; appointment of individual to fill candidate

vacancy
Sec. 13. If fewer than two (2) persons are eligible to participate in the filling of a
candidate vacancy for an office under section 6(b) of this chapter, the county chairman
entitled to call the meeting under section 8 of this chapter shall appoint a person to fill the
vacancy.
[Pre-1986 Recodification Citation: 3-1-11-10(i).]
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.186; P.L.3-1997, SEC.383;
P.L.216-2015, SEC.30; P.L.74-2017, SEC.62.

IC 3-13-1-14 Selection of person as candidate; written consent and

statement of economic interest as prerequisite
Sec. 14. The selection of a person as a candidate under this chapter is not effective unless:
(1) the person's written consent is obtained and filed:
(A) in the office in which certificates and petitions of nomination must be filed; and
(B) not later than when the certificate is filed; and
(2) the candidate has complied with any requirement under IC 3-8-1-33 or IC 3-8-9-5
to file a statement of economic interests.
[Pre-1986 Recodification Citations: 3-1-11-10(j); 3-1-9-9(c) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.418; P.L.14-2004, SEC.168;
P.L.169-2015, SEC.154.

IC 3-13-1-15 Certificate of candidate selection

Sec. 15. (a) A county chairman filling a candidate vacancy under section 6(b)(2) of this
chapter or the chairman of a meeting filling a candidate vacancy under this chapter shall file
a written certificate of candidate selection on a form prescribed by the election division
stating the following information for each candidate selected:
(1) The name of each candidate as:
(A) the candidate wants the candidate's name to appear on the ballot; and
(B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
(2) The residence address of each candidate.

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 (b) The certificate shall be filed with:
(1) the election division for:
(A) a committee acting under section 3, 4, 5, or 6(c) of this chapter; or
(B) a committee acting under section 6(b) of this chapter to fill a candidate vacancy
in the office of judge of a circuit, superior, probate, or small claims court or
prosecuting attorney; or
(2) the circuit court clerk, for a committee acting under section 6(b) of this chapter to
fill a candidate vacancy for a local office not described in subdivision (1).
(c) This subsection applies to a candidate vacancy resulting from a vacancy on the
primary election ballot as described in section 2 of this chapter. The certificate required by
subsection (a) shall be filed not later than noon July 3 before election day.
(d) This subsection applies to all candidate vacancies not described by subsection (c). The
certificate required by subsection (a) shall be filed not later than noon three (3) days
(excluding Saturdays and Sundays) after selection of the candidates.
(e) A certificate filed under this section is not effective unless the candidate selected to
fill the candidate vacancy has filed a statement of economic interests under IC 3-8-9-5.
[Pre-1986 Recodification Citation: 3-1-11-10(k) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.419; P.L.3-1993, SEC.224;
P.L.3-1997, SEC.384; P.L.202-1999, SEC.21; P.L.260-2001, SEC.8; P.L.66-2003, SEC.48;
P.L.225-2011, SEC.83; P.L.216-2015, SEC.31; P.L.169-2015, SEC.155.

IC 3-13-1-16 Furnishing certified list of name and address of candidate

selected
Sec. 16. The election division shall furnish the circuit court clerk with a certified list of
the name and address of each candidate selected under section 15 of this chapter. If a
certificate of candidate selection filed with the election division is questioned under
IC 3-8-1-2, the election division shall indicate on the certified list that candidate's name is
not to be printed on the ballot until the question is resolved by the commission or a court with
jurisdiction in the matter.
[Pre-1986 Recodification Citation: 3-1-11-10(k) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.420; P.L.3-1997, SEC.385;
P.L.202-1999, SEC.22.

IC 3-13-1-16.5 Validity of certificate of candidate selection; reference and

determination
Sec. 16.5. (a) All questions concerning the validity of a certificate of candidate selection
filed with the election division shall be determined by the commission. A statement
questioning the validity of a certificate of candidate selection must be filed with the election
division under IC 3-8-1-2(d) not later than noon seventy-four (74) days before the date on
which the general or municipal election will be held for the office.
(b) All questions concerning the validity of a certificate of candidate selection filed with
a circuit court clerk shall be referred to and determined by the county election board. A
statement questioning the validity of a certificate of candidate selection must be filed with
the county election board under IC 3-8-1-2(d) not later than noon seventy-four (74) days
before the date on which the general or municipal election will be held for the office.
(c) The commission or a county election board shall rule on the validity of the certificate
of candidate selection not later than noon sixty (60) days before the date on which the general
or municipal election will be held for the office.
As added by P.L.3-1993, SEC.225. Amended by P.L.2-1996, SEC.205; P.L.3-1997,
SEC.386; P.L.58-2001, SEC.4; P.L.74-2017, SEC.63.

IC 3-13-1-17 Vacancy existing because of tie vote in primary election;

selection of candidate

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 Sec. 17. A candidate vacancy exists when a tie vote occurs for an office in a primary
election. The candidate vacancy shall be filled under section 3, 4, 5, or 6 of this chapter.
[Pre-1986 Recodification Citation: 3-1-11-10(l).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.421.

IC 3-13-1-18 Town offices; certificate of candidate selection by certain

minor parties
Sec. 18. (a) If a candidate vacancy occurs in a town subject to IC 3-8-5 for any office on
the ticket of a political party whose candidates were selected by petition of nomination, the
vacancy may be filled only as prescribed by this section.
(b) To fill the vacancy, the town chairman of the party must file a certificate of candidate
selection together with the consent required by section 14 of this chapter with the official
with whom certificates must be filed. The certificate of candidate selection must be filed not
later than the date and hour that a certificate of nomination by a town convention must be
filed under IC 3-8-5-13.
[Pre-1986 Recodification Citation: 3-1-11-10(m).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.422; P.L.5-1988, SEC.16;
P.L.3-1997, SEC.387.

IC 3-13-1-19 Eligibility of persons defeated in primary election or town or

state convention
Sec. 19. A person who was defeated in a primary election or in a town or state convention
is eligible to be appointed by the political party that the person affiliated with by voting in
the most recent primary election held by that party. The person selected may fill any vacancy
on the party's ticket as a candidate in any general, municipal, or special election following
that primary election or convention in which the vacancy occurred. However, a person is not
disqualified from appointment under this section for not having voted in the most recent
primary election if the appointee is certified as a member of that party by the county
chairman for the county in which the appointee resides.
[Pre-1986 Recodification Citation: 3-2-2-1 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.423; P.L.3-1993, SEC.226.

IC 3-13-1-20 Vacancy existing following convention of certain minor parties

Sec. 20. (a) This section applies to a political party subject to IC 3-8-4-10, IC 3-10-2-15,
or IC 3-10-6-12.
(b) A candidate vacancy that exists following the convention of the party shall be filled
by the state committee of the political party not later than the date and time specified by
section 7(a)(1) of this chapter for a major political party to fill a candidate vacancy. The
chairman of the state committee shall file a notice of intent to fill the candidate vacancy with
the official who is required to receive a certificate of candidate selection under section 15 of
this chapter. The notice must be filed not later than ten (10) days before the chairman fills
the candidate vacancy. The chairman of the state committee shall act in accordance with
section 15 of this chapter to certify the candidate selected to fill the vacancy.
(c) This subsection applies to a candidate vacancy resulting from a vacancy on the general
election ballot resulting from the failure of the convention to nominate a candidate for an
office. The certificate required by subsection (b) shall be filed not later than the date and time
specified by section 15(c) of this chapter for a major political party to file a certificate of
candidate selection.
(d) This subsection applies to all candidate vacancies not described by subsection (c). If
a candidate vacancy occurs as a result of:
(1) the death of a candidate;
(2) the withdrawal of a candidate;
(3) the disqualification of a candidate under IC 3-8-1-5; or

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 (4) a court order issued under IC 3-8-7-29(d);
the political party may fill the vacancy within the same period of time that a major political
party is permitted to fill a candidate vacancy under section 7(b) of this chapter.
(e) The certificate required by subsection (b) shall be filed within the period of time
required under section 15(d) of this chapter for a major political party to file the certificate
after selection of the candidates.
As added by P.L.3-1997, SEC.388. Amended by P.L.2-1998, SEC.8; P.L.260-2001, SEC.9;
P.L.66-2003, SEC.49; P.L.230-2005, SEC.64.

IC 3-13-1-20.5 Question concerning validity of candidate selection by certain

political parties; determination by commission or county
election board; time to act upon question
Sec. 20.5. (a) This section applies to a candidate nominated by a political party subject
to IC 3-8-4-10, IC 3-10-2-15, or IC 3-10-6-12.
(b) This section does not apply to a candidate nominated under IC 3-8-5-14 and subject
to IC 3-8-5-14.7.
(c) All questions concerning the validity of a certificate of candidate selection filed under
section 20 of this chapter with the election division shall be determined by the commission.
A statement questioning the validity of a certificate of candidate selection must be filed with
the election division under IC 3-8-1-2(d) not later than noon seventy-four (74) days before
the date on which the general election will be held for the office.
(d) All questions concerning the validity of a certificate of candidate selection filed under
section 20 of this chapter with a circuit court clerk shall be referred to and determined by the
county election board. A statement questioning the validity of a certificate of candidate
selection must be filed with the county election board under IC 3-8-1-2(d) not later than noon
seventy-four (74) days before the date on which the general or municipal election will be held
for the office.
(e) The commission or a county election board shall act upon a question concerning the
validity of a certificate of candidate selection not later than noon sixty (60) days before the
date on which the general or municipal election will be held for the office.
As added by P.L.64-2014, SEC.72. Amended by P.L.74-2017, SEC.64.

IC 3-13-1-21 Receiving certificate of candidate selection not permitted if

certain deadlines not met
Sec. 21. (a) This section applies to a certificate of candidate selection filed under section
15 or 20 of this chapter.
(b) To enforce the requirements of IC 3-5-4-1.9, the election division, a circuit court
clerk, or any other official responsible for receiving a certificate of candidate selection may
not receive a filing of a certificate of candidate selection if:
(1) a notice of a caucus or meeting;
(2) a notice of intent to fill a vacancy under section 20 of this chapter;
(3) a declaration of candidacy filed by the individual selected as the candidate; or
(4) the certificate of candidate selection;
is or was offered to be filed after the deadline for the filing provided by this chapter or was
not offered for filing at or before the deadline for the filing provided by this chapter.
As added by P.L.124-2012, SEC.8. Amended by P.L.216-2015, SEC.32; P.L.74-2017,
SEC.65.

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IC 3-13-2 Chapter 2. Late Candidate Vacancies

3-13-2-1 Application of chapter

3-13-2-1.5 Individual filling candidate vacancy must meet qualifications for office
3-13-2-2 United States Senator or state office
3-13-2-3 United States Representative
3-13-2-4 Legislative office
3-13-2-5 Local office; office of circuit court judge or prosecuting attorney
3-13-2-6 Tiebreaking vote; effect of lack of quorum
3-13-2-7 Candidate written consent; required statements; time for filing
3-13-2-8 Written certificate of candidate selection
3-13-2-9 Certified list of name and address of candidate
3-13-2-10 Eligibility of persons defeated in primary election or town or state convention
3-13-2-11 Validity of certificate of candidate selection
3-13-2-12 Vacancy filled by state committee of certain minor parties

IC 3-13-2-1 Application of chapter

Sec. 1. This chapter applies to the filling of a candidate vacancy of a former candidate for
nomination or election to an office at a general, municipal, or special election after the
thirty-first day before a general, municipal, or special election.
[Pre-1986 Recodification Citation: 3-1-11-10.1(a).]
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.187; P.L.4-1991, SEC.126;
P.L.227-2023, SEC.126.

IC 3-13-2-1.5 Individual filling candidate vacancy must meet qualifications

for office
Sec. 1.5. A candidate seeking to fill a candidate vacancy under this chapter must comply
with the requirements imposed under IC 3-8-1 for the office.
As added by P.L.230-2005, SEC.65.

IC 3-13-2-2 United States Senator or state office

Sec. 2. A candidate vacancy for United States Senator or a state office shall be filled by
appointment by the state chairman of the political party.
[Pre-1986 Recodification Citation: 3-1-11-10.1(b)(4).]
As added by P.L.5-1986, SEC.9.

IC 3-13-2-3 United States Representative

Sec. 3. A candidate vacancy for United States Representative shall be filled by
appointment by the district chairman of the political party.
[Pre-1986 Recodification Citation: 3-1-11-10.1(b)(3).]
As added by P.L.5-1986, SEC.9.

IC 3-13-2-4 Legislative office

Sec. 4. A candidate vacancy for a legislative office shall be filled by a majority vote of
the county chairmen of the political party for all of the counties that have territory in the
senate or house district.
[Pre-1986 Recodification Citation: 3-1-11-10.1(b)(2) part.]
As added by P.L.5-1986, SEC.9.

IC 3-13-2-5 Local office; office of circuit court judge or prosecuting

attorney
Sec. 5. (a) Except as provided in subsection (b), a candidate vacancy for a local office
shall be filled by appointment by the county chairman of the political party of the county in
which the greatest percentage of the population of the election district is located.

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 (b) A candidate vacancy for the office of circuit court judge or prosecuting attorney in a
circuit having more than one (1) county shall be filled by a majority vote of the county
chairmen of the political party for all of the counties in the circuit.
[Pre-1986 Recodification Citation: 3-1-11-10.1(b)(1), (b)(2) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.188.

IC 3-13-2-6 Tiebreaking vote; effect of lack of quorum

Sec. 6. (a) If a tie vote occurs among a group of chairmen acting under section 4 or 5(b)
of this chapter, the state chairman may cast the tiebreaking vote.
(b) If a quorum required under the rules of a meeting held under this chapter is not
present, the state chairman shall fill the candidate vacancy.
[Pre-1986 Recodification Citation: 3-1-11-10.1(c).]
As added by P.L.5-1986, SEC.9. Amended by P.L.96-2012, SEC.5.

IC 3-13-2-7 Candidate written consent; required statements; time for filing

Sec. 7. (a) The selection of a person as a candidate under this chapter is not effective
unless:
(1) the person's written consent is obtained and filed:
(A) in the office in which certificates and petitions of nomination must be filed; and
(B) when the certificate is filed; and
(2) the candidate has complied with any requirement under IC 3-8-1-33 to file a
statement of economic interests.
(b) A candidate's consent must include a statement that the candidate requests the name
on the candidate's voter registration record be the same as the name the candidate uses on the
consent. If there is a difference between the name on the candidate's consent and the name
on the candidate's voter registration record, the officer with whom the consent is filed shall
forward the information to the voter registration officer of the appropriate county as required
by IC 3-5-7-6(d). The voter registration officer of the appropriate county shall change the
name on the candidate's voter registration record to be the same as the name on the
candidate's consent.
(c) A candidate's consent must contain the following statements:
(1) A statement that the candidate has attached either of the following to the consent:
(A) A copy of a statement of economic interests, file stamped by the office required
to receive the statement of economic interests.
(B) A receipt or photocopy of a receipt showing that a statement of economic
interests has been filed.
This requirement does not apply to a candidate for a federal office.
(2) A statement that the candidate understands that if the candidate is elected to the
office, the candidate may be required to obtain and file an individual surety bond before
serving in the office. This requirement does not apply to a candidate for a federal office
or legislative office.
(3) A statement that the candidate understands that if the candidate is elected to the
office, the candidate may be required to successfully complete training or have attained
certification related to service in an elected office. This requirement does not apply to
a candidate for a federal office, state office, or legislative office.
(4) A statement that the candidate:
(A) is aware of the provisions of IC 3-9 regarding campaign finance and the
reporting of campaign contributions and expenditures; and
(B) agrees to comply with the provisions of IC 3-9.
This requirement does not apply to a candidate for a federal office.
The candidate must separately initial each of the statements required by this subsection.
[Pre-1986 Recodification Citation: 3-1-11-10.1(d).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.424; P.L.202-1999, SEC.23;

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P.L.76-2014, SEC.63; P.L.227-2023, SEC.127.

IC 3-13-2-8 Written certificate of candidate selection

Sec. 8. (a) The chairman or chairmen filling a candidate vacancy under this chapter shall
immediately file a written certificate of candidate selection on a form prescribed by the
election division stating the following information for each candidate selected:
(1) The name of each candidate as:
(A) the candidate wants the candidate's name to appear on the ballot; and
(B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
(2) The residence address of each candidate.
(b) The certificate shall be filed with:
(1) the election division for:
(A) one (1) or more chairmen acting under section 2, 3, 4, or 5(b) of this chapter; or
(B) a committee acting under section 5(b) of this chapter to fill a candidate vacancy
for the office of judge of a circuit, superior, probate, county, or small claims court
or prosecuting attorney; or
(2) the circuit court clerk of the county in which the greatest percentage of the
population of the election district is located, for a chairman acting under section 5(a)
of this chapter to fill a candidate vacancy for a local office not described in subdivision
(1).
(c) The certificate required by subsection (a) shall be filed not more than three (3) days
(excluding Saturdays and Sundays) after selection of the candidate.
(d) A certificate filed under this section is not effective unless the candidate selected to
fill the candidate vacancy has filed a statement of economic interests under IC 3-8-9-5.
[Pre-1986 Recodification Citation: 3-1-11-10.1(e) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.425; P.L.10-1988, SEC.189;
P.L.3-1997, SEC.389; P.L.202-1999, SEC.24; P.L.66-2003, SEC.50; P.L.2-2005, SEC.5;
P.L.169-2015, SEC.156.

IC 3-13-2-9 Certified list of name and address of candidate

Sec. 9. The election division shall furnish each circuit court clerk of a county in which the
election district is located with a certified list of the name and address of each candidate
selected under section 8 of this chapter. If a certificate of candidate selection filed with the
election division is questioned under IC 3-8-1-2, the election division shall indicate on the
certified list that the candidate's name is not to be printed on the ballot until the question is
resolved by the commission or by a court with jurisdiction in the matter.
[Pre-1986 Recodification Citation: 3-1-11-10.1(e) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.426; P.L.10-1988, SEC.190;
P.L.3-1997, SEC.390; P.L.202-1999, SEC.25.

IC 3-13-2-10 Eligibility of persons defeated in primary election or town or

state convention
Sec. 10. A person who was defeated in a primary election or in a town or state convention
is eligible to be appointed by the person's own political party to fill any vacancy on the
party's ticket as a candidate in any general, municipal, or special election following that
primary election or convention.
[Pre-1986 Recodification Citation: 3-2-2-1 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.427.

IC 3-13-2-11 Validity of certificate of candidate selection

Sec. 11. (a) All questions concerning the validity of a certificate of candidate selection
filed with the election division shall be determined by the commission. A statement
questioning the validity of a certificate of candidate selection must be filed with the election

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division under IC 3-8-1-2(d) not later than noon fourteen (14) days before general election
day.
(b) All questions concerning the validity of a certificate of candidate selection filed with
a circuit court clerk shall be determined by the county election board. A statement
questioning the validity of a certificate of candidate selection must be filed with the county
election board under IC 3-8-1-2(d) not later than noon fourteen (14) days before general
election day.
(c) The commission or a county election board shall rule on the validity of the certificate
of candidate selection not later than noon seven (7) days before general election day.
As added by P.L.3-1995, SEC.131. Amended by P.L.2-1996, SEC.206; P.L.3-1997,
SEC.391; P.L.58-2001, SEC.5; P.L.74-2017, SEC.66.

IC 3-13-2-12 Vacancy filled by state committee of certain minor parties

Sec. 12. (a) This section applies to a political party subject to IC 3-8-4-10.
(b) A candidate vacancy under this chapter shall be filled by the state committee of the
political party. The chairman of the state committee shall act in accordance with section 8 of
this chapter to certify the candidate selected to fill the vacancy.
As added by P.L.3-1997, SEC.392.

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IC 3-13-3 Chapter 3. Vacancies in Federal Offices

3-13-3-1 United States Senate; appointment to fill vacancy; special election

3-13-3-2 United States House of Representatives; special election

IC 3-13-3-1 United States Senate; appointment to fill vacancy; special

election
Sec. 1. (a) A vacancy that occurs, other than by resignation, in the United States Senate
shall be certified to the governor by the secretary of state.
(b) The governor shall immediately fill a vacancy in the United States Senate by
appointing a person possessing the qualifications required under Article 1, Section 3, Clause
3 of the Constitution of the United States. The person appointed holds office until the next
general election, when the vacancy shall be filled by the election of a Senator in a special
election to hold office for the unexpired term.
(c) If a vacancy in the United States Senate occurs after noon on the date the election
division is required to certify general election candidates to each county election board under
IC 3-8-7-16, the person appointed under subsection (b) holds office until the vacancy is filled
in a special election held at the time of the next general election following the general
election for which the candidate certification had been issued under IC 3-8-7-16.
[Pre-1986 Recodification Citations: 3-1-13-2; 3-1-13-3.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.428; P.L.10-1989, SEC.18;
P.L.194-2013, SEC.90.

IC 3-13-3-2 United States House of Representatives; special election

Sec. 2. (a) A vacancy that occurs, other than by resignation, in the United States House
of Representatives shall be certified to the governor by the circuit court clerk of the county
in which the Representative resided.
(b) A special election shall be held to fill a vacancy in the United States House of
Representatives in accordance with IC 3-10-8.
[Pre-1986 Recodification Citation: 3-1-19-1(1).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.429.

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IC 3-13-4 Chapter 4. Vacancies in State Offices

3-13-4-1 Governor or lieutenant governor

3-13-4-2 Office of justice of supreme court, judge of the court of appeals, or judge of
tax court
3-13-4-3 Other state offices

IC 3-13-4-1 Governor or lieutenant governor

Sec. 1. A vacancy in the office of governor or lieutenant governor shall be filled as
provided in Article 5, Section 10 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 5, § 10 part.]
As added by P.L.5-1986, SEC.9.

IC 3-13-4-2 Office of justice of supreme court, judge of the court of

appeals, or judge of tax court
Sec. 2. A vacancy in the office of justice of the supreme court, judge of the court of
appeals, or judge of the tax court shall be filled as provided in IC 33-27.
[Pre-1986 Recodification Citations: Ind. Const. Art. 7, §§ 9, 10, 11; 33-3-5-6.]
As added by P.L.5-1986, SEC.9. Amended by P.L.98-2004, SEC.41.

IC 3-13-4-3 Other state offices

Sec. 3. (a) This section applies to a vacancy that occurs in a state office other than
governor, lieutenant governor, or a judicial office.
(b) If a state officer wants to resign from office, the state officer must resign as provided
in IC 5-8-3.5.
(c) A vacancy that occurs in a state office because of the death of the state officer may be
certified to the governor under IC 5-8-6. The governor may not fill a vacancy as provided by
law until the governor receives notice of the death under IC 5-8-6.
(d) A vacancy that occurs in a state office other than by resignation or death shall be
certified to the governor by the circuit court clerk of the county in which the officer resided.
(e) The governor shall fill a vacancy in a state office by appointment of a person of the
same political party as the officer who held the vacated office.
(f) The person who is appointed by the governor holds office for the remainder of the
unexpired term and until a successor is elected and qualified.
[Pre-1986 Recodification Citation: Ind. Const. Art. 5, § 18 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.430; P.L.119-2005, SEC.1;
P.L.225-2011, SEC.84.

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IC 3-13-5 Chapter 5. Vacancies in Legislative Offices

3-13-5-0.1 Application of chapter; legislative office held by person elected or selected by

major political party; filling legislative vacancy by other parties
3-13-5-1 Caucus selection of successor
3-13-5-2 Meeting; place, date, and time
3-13-5-3 Presiding officer at caucus meeting; candidate filings; rules of procedure
3-13-5-4 Precinct committeeman to have one vote; eligibility
3-13-5-5 Voting by proxy
3-13-5-6 Certification of name of person selected to president pro tempore of senate or
speaker of house of representatives; transmittal to secretary of state
3-13-5-7 Secretary of state to certify person selected to fill vacated seat
3-13-5-8 Rights and duties of person selected to fill vacancy
3-13-5-9 Determination of house of general assembly that person should not be seated
because of ineligibility; filling of seat; constitutional eligibility requirements
3-13-5-10 Vacancies; eligible candidates

IC 3-13-5-0.1 Application of chapter; legislative office held by person elected

or selected by major political party; filling legislative vacancy
by other parties
Sec. 0.1. (a) This chapter applies only to a vacancy in a legislative office that was last
held by a person elected or selected as a candidate of a major political party of the state.
(b) A vacancy in a legislative office that was last held by a person elected or selected as
a candidate of a political party described by IC 3-8-4-10 shall be filled by the state committee
of the political party. The state chairman of the party shall certify the selection of an
individual to fill the vacancy in the manner prescribed under section 6 of this chapter.
(c) A vacancy in a legislative office that was last held by a person not described in
subsection (a) or (b) shall be filled by a special election held as provided in IC 3-10-8.
As added by P.L.164-2006, SEC.130.

IC 3-13-5-1 Caucus selection of successor

Sec. 1. (a) A vacancy in a legislative office shall be filled by a caucus comprised of the
precinct committeemen from the senate or house district where the vacancy exists who
represent the same political party that elected or selected the person who held the vacated
seat.
(b) Not later than thirty (30) days after the vacancy occurs (or as provided in subsections
(c) and (d)), the caucus shall meet and select a person to fill the vacancy by a majority vote
of those casting a vote for a candidate, including vice committeemen eligible to vote as a
proxy under section 5 of this chapter.
(c) A state chairman may give notice of a caucus before the time specified under
subsection (b) if a vacancy will exist because the official has:
(1) submitted a written resignation under IC 5-8-3.5 that has not yet taken effect;
(2) been elected to another office; or
(3) submitted a notice under IC 5-9-4 to take a leave of absence for active duty in the
armed forces or national guard.
(d) If a vacancy in a legislative office exists because of the death of the legislator, the
caucus shall meet and select a person to fill the vacancy not later than thirty (30) days after
the state chairman receives notice of the death of the legislator from the secretary of state
under IC 5-8-6.
(e) Notwithstanding IC 5-8-4, a person may not withdraw the person's resignation after
the resignation has been accepted by the person authorized to accept the resignation less than
seventy-two (72) hours before the announced starting time of the caucus under this chapter.
(f) The person selected must reside in the district where the vacancy occurred.
[Pre-1986 Recodification Citation: 2-2.1-2-1 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.2; P.L.3-1987, SEC.431;

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P.L.10-1988, SEC.191; P.L.3-1997, SEC.393; P.L.26-2000, SEC.26; P.L.119-2005, SEC.2;
P.L.278-2019, SEC.154.

IC 3-13-5-2 Meeting; place, date, and time

Sec. 2. (a) The state chairman of the political party that elected or selected the person who
held the vacated seat shall set the place, date, and time of a caucus meeting. The chairman
shall send a notice, by first class mail, of the purpose, place, date, and time of the meeting
to all precinct committeemen in the caucus at least ten (10) days before the meeting.
(b) If a vacancy in a legislative office exists because of the death of the legislator, the state
chairman may not send the notice required by subsection (a) until the state chairman receives
notice of the death from the secretary of state under IC 5-8-6.
[Pre-1986 Recodification Citation: 2-2.1-2-2 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.192; P.L.119-2005, SEC.3.

IC 3-13-5-3 Presiding officer at caucus meeting; candidate filings; rules of

procedure
Sec. 3. (a) The state chairman or a person designated by the state chairman shall preside
over a caucus meeting held under this chapter.
(b) A person who desires to be a candidate to fill a vacancy under this chapter must file:
(1) a declaration of candidacy with the chairman of the caucus; and
(2) a statement of economic interests under IC 2-2.2-2 with the secretary of the senate
or principal clerk of the house of representatives;
at least seventy-two (72) hours before the time fixed for the caucus.
(c) In addition to the procedures prescribed by this chapter, the chairman and precinct
committeemen may adopt rules of procedure that are necessary to conduct business.
[Pre-1986 Recodification Citation: 2-2.1-2-2 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.432; P.L.225-2011, SEC.85;
P.L.123-2015, SEC.20.

IC 3-13-5-4 Precinct committeeman to have one vote; eligibility

Sec. 4. (a) To be eligible to participate in a caucus called under this chapter, an elected
precinct committeeman must be entitled to vote for the legislative office for which a
successor is to be selected. An elected precinct committeeman is eligible to participate in a
caucus called under this chapter, regardless of when the vacancy in the legislative office
occurred.
(b) An appointed precinct committeeman is eligible to participate in a caucus called under
this chapter if the precinct committeeman was a committeeman thirty (30) days before the
vacancy occurred.
(c) An individual eligible to participate in a caucus held under this chapter has one (1)
vote.
[Pre-1986 Recodification Citation: 2-2.1-2-2 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.38-1999, SEC.64; P.L.176-1999,
SEC.115; P.L.26-2000, SEC.27.

IC 3-13-5-5 Voting by proxy

Sec. 5. (a) Except as provided in this section, voting by proxy is not allowed in a caucus
held under this chapter.
(b) A precinct vice committeeman is entitled to participate in a caucus held under this
chapter and vote as a proxy for the vice committeeman's precinct committeeman if all of the
following apply:
(1) The vice committeeman's precinct committeeman is otherwise eligible to participate
in the caucus under this chapter. This subdivision is satisfied if the vacancy to be filled
under this chapter resulted from the death of an individual holding a legislative office

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 who also served as a precinct committeeman.
(2) The vice committeeman's precinct committeeman is not present at the caucus.
(3) The vice committeeman is eligible under this section.
(c) The vice committeeman of an elected precinct committeeman is eligible to participate
in a caucus held under this chapter and vote the precinct committeeman's proxy if the vice
committeeman was the vice committeeman five (5) days before the date of the caucus.
(d) If a vice committeeman is not eligible under subsection (c), the vice committeeman
is eligible to participate in a caucus held under this chapter and vote the precinct
committeeman's proxy only if the vice committeeman was the vice committeeman thirty (30)
days before the vacancy occurred.
(e) Voting shall be conducted by secret ballot, and IC 5-14-1.5-3(b) does not apply to this
chapter.
[Pre-1986 Recodification Citations: 2-2.1-2-1 part; 2-2.1-2-2 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.3; P.L.10-1988, SEC.193;
P.L.3-1997, SEC.394; P.L.26-2000, SEC.28; P.L.278-2019, SEC.155.

IC 3-13-5-6 Certification of name of person selected to president pro

tempore of senate or speaker of house of representatives;
transmittal to secretary of state
Sec. 6. The state chairman shall certify the name of the person selected under section 1
of this chapter to the president pro tempore of the senate or the speaker of the house of
representatives, as appropriate, who shall acknowledge receipt of the certification, submit a
copy of the certificate to be included in the journal of the house or senate:
(1) of the day when the individual is seated; or
(2) if the certificate is received after the adjournment sine die of the general assembly,
of the first day that the chamber is in session following receipt of the certificate;
and immediately forward the certificate to the secretary of state.
[Pre-1986 Recodification Citation: 2-2.1-2-2 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1997, SEC.395.

IC 3-13-5-7 Secretary of state to certify person selected to fill vacated seat

Sec. 7. The secretary of state shall, within fourteen (14) days after receipt of the
certification under section 6 of this chapter, certify the person selected to fill the vacated seat.
[Pre-1986 Recodification Citation: 2-2.1-2-3.]
As added by P.L.5-1986, SEC.9.

IC 3-13-5-8 Rights and duties of person selected to fill vacancy

Sec. 8. A person certified to fill a vacancy under this chapter has all the rights and duties
of a member of the general assembly elected at a general election. The person serves for the
remainder of the unexpired term.
[Pre-1986 Recodification Citation: 2-2.1-2-4.]
As added by P.L.5-1986, SEC.9.

IC 3-13-5-9 Determination of house of general assembly that person should

not be seated because of ineligibility; filling of seat;
constitutional eligibility requirements
Sec. 9. If a house of the general assembly determines that a person should not be seated
as a member of that house because that person was ineligible to hold the seat for which a
certificate of election has been issued by the secretary of state, the seat shall be filled under
this chapter. A person selected to fill a vacant seat under this section must meet all
requirements set forth in Article 4, Section 7 of the Constitution of the State of Indiana as of
the date of the general election for which the ineligible person who was not seated received
a certificate of election.

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 [Pre-1986 Recodification Citations: 2-2.1-2-5; 2-2.1-2-6.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.433.

IC 3-13-5-10 Vacancies; eligible candidates

Sec. 10. The person who last held a vacated legislative office may not be a candidate for
selection to fill a vacancy in that office under this chapter for the remainder of the term.
As added by P.L.8-1986, SEC.4.

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IC 3-13-6 Chapter 6. Vacancies in County Judicial and Circuit Offices

3-13-6-1 Certification of vacancy to governor; manner of filling vacancy

3-13-6-2 Office of prosecuting attorney
3-13-6-3 Office of clerk of circuit court

IC 3-13-6-1 Certification of vacancy to governor; manner of filling vacancy

Sec. 1. (a) As used in this section, "judge" refers to a judge of a circuit, superior, or
probate court.
(b) If a judge wants to resign from office, the judge must resign as provided in IC 5-8-3.5.
(c) A vacancy that occurs because of the death of a judge may be certified to the governor
under IC 5-8-6.
(d) A vacancy that occurs, other than by resignation or death of a judge, shall be certified
to the governor by the circuit court clerk of the county in which the judge resided.
(e) A vacancy in the office of judge of a circuit court shall be filled by the governor as
provided by Article 5, Section 18 of the Constitution of the State of Indiana. However, the
governor may not fill a vacancy that occurs because of the death of a judge until the governor
receives notice of the death under IC 5-8-6.
(f) The person who is appointed holds the office until:
(1) the end of the unexpired term; or
(2) a successor is elected at the next general election for the office, and qualified;
whichever occurs first.
(g) Except in a year in which the office is scheduled to be placed on the ballot, and except
as provided in this subsection, the office of judge of the circuit court shall be elected at the
next general election following the date any vacancy occurred. If a vacancy occurs in the
office of judge of the circuit court after noon seventy-four (74) days before a general
election, the office shall be elected at the second general election following the date any
vacancy occurred.
(h) The person elected at the general election following an appointment to fill the
vacancy, upon being qualified, holds office for the six (6) year term prescribed by Article 7,
Section 7 of the Constitution of the State of Indiana and until a successor is elected and
qualified.
(i) A vacancy in the office of judge of a superior or probate court shall be filled by the
governor subject to the following:
(1) IC 33-33-2-39.
(2) IC 33-33-2-43.
(3) IC 33-33-45-38.
(4) IC 33-33-71-40.
(5) IC 33-33-49-13.4.
However, the governor may not fill a vacancy that occurs because of the death of a judge
until the governor receives notice of the death under IC 5-8-6. The person who is appointed
holds office for the remainder of the unexpired term.
[Pre-1986 Recodification Citation: Ind. Const. Art. 5, § 18 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.434; P.L.5-1989, SEC.67;
P.L.334-1989(ss), SEC.2; P.L.16-1995, SEC.2; P.L.18-1995, SEC.1; P.L.98-2004, SEC.42;
P.L.119-2005, SEC.4; P.L.201-2011, SEC.6; P.L.194-2013, SEC.91; P.L.245-2017, SEC.4;
P.L.278-2019, SEC.156.

IC 3-13-6-2 Office of prosecuting attorney

Sec. 2. (a) A vacancy that occurs, other than by resignation, in the office of prosecuting
attorney shall be certified to the governor by the circuit court clerk of the county in which the
prosecuting attorney resided.
(b) A vacancy in the office of prosecuting attorney that was last held by a person elected

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or selected as a candidate of a major political party of the state shall be filled by a caucus
under IC 3-13-11.
(c) A vacancy in the office of prosecuting attorney not covered by subsection (b) shall be
filled by the governor.
(d) The person appointed or selected holds office for the remainder of the unexpired term
and until a successor is elected and qualified.
(e) If a vacancy in the office of the prosecuting attorney occurs under subsection (b), the
chief deputy prosecuting attorney appointed under IC 33-39-6-2 shall be the acting
prosecuting attorney until the vacancy is filled by the caucus under IC 3-13-11.
[Pre-1986 Recodification Citation: 3-2-10-2 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.435; P.L.7-1994, SEC.1;
P.L.19-1995, SEC.1; P.L.98-2004, SEC.43.

IC 3-13-6-3 Office of clerk of circuit court

Sec. 3. (a) A vacancy in the office of clerk of the circuit court that was last held by a
person elected or selected as a candidate of a major political party of the state shall be filled
by a caucus under IC 3-13-11.
(b) A vacancy that occurs in the office of clerk of the circuit court:
(1) other than by resignation; and
(2) that is not covered by subsection (a);
shall be certified to the governor by the judge of the circuit court.
(c) A vacancy in the office of clerk of the circuit court not covered by subsection (a) shall
be filled by the governor. The person who is appointed holds office for the remainder of the
unexpired term and until a successor is elected and qualified.
[Pre-1986 Recodification Citation: 3-2-10-2 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.436; P.L.14-1988, SEC.1.

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IC 3-13-7 Chapter 7. Vacancies in Other County Offices Not Held by a
Major Party

3-13-7-1 Vacancy in office last held by person elected or selected as candidate of major
political party
3-13-7-1.5 Meeting held before vacancy exists; notice of meeting
3-13-7-2 County elected office other than county council; meeting; notice; appointments
pro tempore
3-13-7-2.5 Vacancy in political subdivision nonpartisan elected office other than school
board
3-13-7-3 County council
3-13-7-4 Vacating of office by incumbent pending outcome of election contest
3-13-7-5 Bond, oath, rights, and duties of person filling vacancy
3-13-7-6 Term of office

IC 3-13-7-1 Vacancy in office last held by person elected or selected as

candidate of major political party
Sec. 1. A vacancy in a county office that was last held by a person elected or selected as
a candidate of a major political party of the state shall be filled by a caucus under IC 3-13-11.
[Pre-1986 Recodification Citations: 3-2-9-1 part; 3-2-9-2(a) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.194.

IC 3-13-7-1.5 Meeting held before vacancy exists; notice of meeting

Sec. 1.5. A county auditor may give notice of a meeting under this chapter, and the
meeting may be conducted under this chapter, before a vacancy in an office exists if the
person holding the office has:
(1) submitted a written resignation under IC 5-8-3.5; or
(2) been elected to another office.
As added by P.L.219-2013, SEC.68.

IC 3-13-7-2 County elected office other than county council; meeting;

notice; appointments pro tempore
Sec. 2. (a) This section applies to a vacancy in a county elected office (other than county
council) not covered by section 1 of this chapter.
(b) A vacancy shall be filled by the board of commissioners of the county at a regular or
special meeting. The county auditor shall give notice of the meeting. Except as provided in
subsection (d), the meeting shall be held not later than thirty (30) days after the vacancy
occurs. The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each commissioner at least ten (10) days before the
meeting.
(c) Selections made under this section (or under IC 3-2-10-3(a) before its repeal on March
4, 1986) are appointments pro tempore for the purposes of Article 2, Section 11 of the
Constitution of the State of Indiana.
(d) If a vacancy occurs because of the death of an elected county officer, the board of
commissioners shall meet and select an individual to fill the vacancy not later than thirty (30)
days after the county auditor receives notice of the death under IC 5-8-6. The county auditor
may not give the notice required under subsection (b) until the county auditor receives notice
of the death under IC 5-8-6.
[Pre-1986 Recodification Citation: 3-2-10-3(a) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.15-1987, SEC.1; P.L.3-1987, SEC.437;
P.L.3-1990, SEC.12; P.L.119-2005, SEC.5.

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IC 3-13-7-2.5 Vacancy in political subdivision nonpartisan elected office
other than school board
Sec. 2.5. (a) This section does not apply to a school board office.
(b) This section applies to a vacancy in an elected office in a political subdivision:
(1) in which each candidate is required by statute to be placed on the ballot as a
nonpartisan candidate for the office; and
(2) for which this article does not otherwise provide a method for filling.
(c) The vacancy shall be filled as follows:
(1) The remaining members of the body shall fill the vacancy by a majority of the votes
of the remaining members of the body.
(2) If there are no remaining members of the body, the county executive of the county
containing the greatest percentage of the population of the political subdivision shall
fill the vacancy in the manner provided by section 2 of this chapter.
As added by P.L.14-2004, SEC.169.

IC 3-13-7-3 County council

Sec. 3. (a) This section applies to a vacancy in a county council not covered by section
1 of this chapter.
(b) A vacancy shall be filled by a majority of the remaining members of the council at a
regular or special meeting. The county auditor shall give notice of the meeting. Except as
provided in subsection (c), the meeting shall be held not later than thirty (30) days after the
vacancy occurs. The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten (10) days before the
meeting.
(c) If a vacancy occurs because of the death of a county council member, the county
council shall meet and select an individual to fill the vacancy not later than thirty (30) days
after the county auditor receives notice of the death under IC 5-8-6. The county auditor may
not give the notice required under subsection (b) until the county auditor receives notice of
the death under IC 5-8-6.
[Pre-1986 Recodification Citation: 3-2-10-3(b).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.438; P.L.119-2005, SEC.6.

IC 3-13-7-4 Vacating of office by incumbent pending outcome of election

contest
Sec. 4. If, pending the outcome of an election contest, the incumbent vacates the office
after the expiration of the incumbent's term, the vacancy shall be filled as are other vacancies
under this chapter until the election is decided or the office is otherwise filled. This section
does not affect the incumbent's right to hold over as provided in Article 15, Section 3 of the
Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: 3-2-10-7.]
As added by P.L.5-1986, SEC.9.

IC 3-13-7-5 Bond, oath, rights, and duties of person filling vacancy

Sec. 5. A person filling a vacancy under this chapter must give the same bond and take
the same oath and has the same rights and duties as the official who vacated the office.
[Pre-1986 Recodification Citations: 3-2-9-11(c); 3-2-10-8.]
As added by P.L.5-1986, SEC.9.

IC 3-13-7-6 Term of office

Sec. 6. A person selected to fill a vacant office under this chapter holds the office for the

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remainder of the term.
[Pre-1986 Recodification Citation: 3-2-10-9.]
As added by P.L.5-1986, SEC.9.

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IC 3-13-8 Chapter 8. Vacancies in City Offices Not Held by a Major
Party

3-13-8-1 Vacancy in office last held by person elected or selected as candidate of major
political party
3-13-8-1.5 Meeting held before vacancy exists; notice of meeting
3-13-8-2 Office of judge of city court
3-13-8-3 Office of mayor of first class city
3-13-8-4 City-county council of first class city
3-13-8-5 Office of mayor of second class city
3-13-8-6 Office of city clerk of second class city
3-13-8-7 Common council of second class city
3-13-8-8 Office of mayor of third class city
3-13-8-9 Office of city clerk-treasurer of third class city
3-13-8-10 Common council of third class city
3-13-8-11 Vacating office by incumbent pending outcome of election contest
3-13-8-12 Bond, oath, rights, and duties of person filling vacancy
3-13-8-13 Term of office

IC 3-13-8-1 Vacancy in office last held by person elected or selected as

candidate of major political party
Sec. 1. A vacancy in a city office (other than judge of a city court) that was last held by
a person elected or selected as a candidate of a major political party of the state shall be filled
by a caucus under IC 3-13-11.
[Pre-1986 Recodification Citations: 3-2-9-1 part; 3-2-9-2(a) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.195.

IC 3-13-8-1.5 Meeting held before vacancy exists; notice of meeting

Sec. 1.5. A city clerk or city clerk-treasurer may give notice of a meeting under this
chapter, and the meeting may be conducted under this chapter, before a vacancy in an office
exists if the person holding the office has:
(1) submitted a written resignation under IC 5-8-3.5; or
(2) been elected to another office.
As added by P.L.219-2013, SEC.69.

IC 3-13-8-2 Office of judge of city court

Sec. 2. (a) As used in this section, "judge" refers to a judge of a city court.
(b) If a judge wishes to resign from office, the judge must resign as provided in
IC 5-8-3.5.
(c) A vacancy that occurs because of the death of a judge may be certified to the governor
under IC 5-8-6.
(d) A vacancy that occurs, other than by resignation or death of a judge, shall be certified
to the governor by the circuit court clerk of the county in which the judge resided.
(e) A vacancy in the office of judge of a city court shall be filled by the governor.
However, the governor may not fill a vacancy that occurs because of the death of a judge
until the governor receives notice of the death under IC 5-8-6.
[Pre-1986 Recodification Citation: 3-2-10-5.5(a).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.439; P.L.119-2005, SEC.7.

IC 3-13-8-3 Office of mayor of first class city

Sec. 3. (a) This section applies to a vacancy in the office of mayor of a first class city not
covered by section 1 of this chapter.
(b) The vacancy shall be filled by the city-county council at a regular or special meeting.
The city clerk shall give notice of the meeting. Except as provided in subsection (d), the
meeting shall be held not later than thirty (30) days after the vacancy occurs. The notice

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must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten (10) days before the
meeting.
(c) The city clerk shall preside at the meeting but may not vote unless there is a tie vote
among the members of the council. The council must appoint one (1) of its own members to
the office. Until the vacancy is filled, the president of the council shall serve as acting mayor.
(d) If a vacancy exists because of the death of the mayor, the council shall meet and select
an individual to fill the vacancy not later than thirty (30) days after the city clerk receives
notice of the death under IC 5-8-6. The city clerk may not give the notice required by
subsection (b) until the city clerk receives notice of the death under IC 5-8-6.
[Pre-1986 Recodification Citation: 3-2-10-4(a) part, (b).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.440; P.L.119-2005, SEC.8.

IC 3-13-8-4 City-county council of first class city

Sec. 4. (a) This section applies to a vacancy in the city-county council of a first class city
not covered by section 1 of this chapter.
(b) A vacancy shall be filled by a majority of the remaining members of the council at a
regular or special meeting. The city clerk shall give notice of the meeting. Except as provided
in subsection (c), the meeting shall be held not later than thirty (30) days after the vacancy
occurs. The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten (10) days before the
meeting.
(c) If a vacancy exists because of the death of a council member, the council shall meet
and select an individual to fill the vacancy not later than thirty (30) days after the city clerk
receives notice of the death under IC 5-8-6. The city clerk may not give the notice required
by subsection (b) until the city clerk receives notice of the death under IC 5-8-6.
(d) The appointed member serves until a successor is elected and qualified at the next
municipal or general election, whichever occurs first. The successor serves from noon
January 1 following that election to noon January 1 following the next municipal election,
as provided in IC 36-3-4-2. The persons appointed and elected must be resident voters in the
district where the vacancy occurred, unless the vacancy occurred in an at large seat.
[Pre-1986 Recodification Citation: 3-2-10-4(a) part, (c).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.441; P.L.5-1988, SEC.17;
P.L.119-2005, SEC.9.

IC 3-13-8-5 Office of mayor of second class city

Sec. 5. (a) This section applies to a vacancy in the office of mayor of a second class city
not covered by section 1 of this chapter.
(b) A vacancy shall be filled as follows:
(1) If the city has a deputy mayor, the deputy mayor assumes the office for the
remainder of the unexpired term.
(2) If the city does not have a deputy mayor, the city controller assumes the office for
the remainder of the unexpired term.
(3) If the city does not have a deputy mayor and the office of city controller is vacant,
the common council shall fill the vacancy at a regular or special meeting.
(c) The city clerk shall give notice of the meeting required under subsection (b)(3).
Except as provided in subsection (d), the meeting shall be held not later than thirty (30) days

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after the vacancy occurs. The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten (10) days before the
meeting.
(d) If a vacancy exists because of the death of the mayor, the council shall meet and select
an individual to fill the vacancy not later than thirty (30) days after the city clerk receives
notice of the death under IC 5-8-6. The city clerk may not give the notice required by
subsection (c) until the city clerk receives notice of the death under IC 5-8-6.
(e) Until the vacancy is filled, the council shall designate one (1) of its members to serve
as acting mayor.
[Pre-1986 Recodification Citation: 3-2-10-5(a) part, (c), (d) part, (e).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.442; P.L.119-2005, SEC.10.

IC 3-13-8-6 Office of city clerk of second class city

Sec. 6. (a) This section applies to a vacancy in the office of city clerk of a second class
city not covered by section 1 of this chapter.
(b) A vacancy shall be filled by the mayor or acting mayor, subject to the approval of the
common council. However, if a vacancy exists because of the death of the city clerk, the
mayor or acting mayor may not fill the vacancy until the mayor or acting mayor receives
notice of the death under IC 5-8-6.
(c) The common council shall vote on the question of approving the mayor or acting
mayor's appointment at a regular or special meeting. The president of the common council
shall give notice of the meeting, which shall be held not later than thirty (30) days after the
appointment is made. The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten (10) days before the
meeting.
[Pre-1986 Recodification Citation: 3-2-10-5(a) part, (b) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.443; P.L.119-2005, SEC.11.

IC 3-13-8-7 Common council of second class city

Sec. 7. (a) This section applies to a vacancy in the common council of a second class city
not covered by section 1 of this chapter.
(b) A vacancy shall be filled by the remaining members of the council at a regular or
special meeting. The city clerk shall give notice of the meeting. Except as provided in
subsection (c), the meeting shall be held not later than thirty (30) days after the vacancy
occurs. The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten (10) days before the
meeting.
(c) If a vacancy exists because of the death of a council member, the council shall meet
and select an individual to fill the vacancy not later than thirty (30) days after the city clerk
receives notice of the death under IC 5-8-6. The city clerk may not give the notice required
by subsection (b) until the city clerk receives notice of the death under IC 5-8-6.
[Pre-1986 Recodification Citation: 3-2-10-5(a) part, (f) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.444; P.L.119-2005, SEC.12.

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IC 3-13-8-8 Office of mayor of third class city
Sec. 8. (a) This section applies to a vacancy in the office of mayor of a third class city not
covered by section 1 of this chapter.
(b) A vacancy shall be filled as follows:
(1) If the city has a deputy mayor, the deputy mayor assumes the office for the
remainder of the unexpired term.
(2) If the city does not have a deputy mayor, the common council shall fill the vacancy
at a regular or special meeting.
(c) The city clerk-treasurer shall give notice of the meeting required under subsection
(b)(2). Except as provided in subsection (d), the meeting shall be held not later than thirty
(30) days after the vacancy occurs. The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten (10) days before the
meeting.
(d) If a vacancy exists because of the death of the mayor, the council shall meet and select
an individual to fill the vacancy not later than thirty (30) days after the city clerk-treasurer
receives notice of the death by IC 5-8-6. The city clerk-treasurer may not give the notice
required by subsection (c) until the city clerk-treasurer receives notice of the death under
IC 5-8-6.
(e) Until the vacancy is filled, the council shall designate one (1) of its members to serve
as acting mayor.
[Pre-1986 Recodification Citation: 3-2-10-5(a) part, (d) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.445; P.L.119-2005, SEC.13.

IC 3-13-8-9 Office of city clerk-treasurer of third class city

Sec. 9. (a) This section applies to a vacancy in the office of city clerk-treasurer of a third
class city not covered by section 1 of this chapter.
(b) The vacancy shall be filled by the mayor or acting mayor, subject to the approval of
the common council. However, if a vacancy exists because of the death of the city
clerk-treasurer, the mayor or acting mayor may not fill the vacancy until the mayor or acting
mayor receives notice of the death under IC 5-8-6.
(c) The common council shall vote on the question of approving the mayor or acting
mayor's appointment at a regular or special meeting. The mayor shall give notice of the
meeting, which shall be held not later than thirty (30) days after the appointment is made. The
notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten (10) days before the
meeting.
[Pre-1986 Recodification Citation: 3-2-10-5(a) part, (b) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.446; P.L.119-2005, SEC.14.

IC 3-13-8-10 Common council of third class city

Sec. 10. (a) This section applies to a vacancy in the common council of a third class city
not covered by section 1 of this chapter.
(b) A vacancy shall be filled by the remaining members of the council at a regular or
special meeting. The city executive may break any tie vote.
(c) The city clerk-treasurer shall give notice of the meeting. Except as provided in
subsection (d), the meeting shall be held not later than thirty (30) days after the vacancy
occurs. The notice must:

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 (1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten (10) days before the
meeting.
(d) If a vacancy exists because of the death of a council member, the council shall meet
and select an individual to fill the vacancy not later than thirty (30) days after the city
clerk-treasurer receives notice of the death under IC 5-8-6. The city clerk-treasurer may not
give the notice required by subsection (c) until the city clerk-treasurer receives notice of the
death under IC 5-8-6.
[Pre-1986 Recodification Citation: 3-2-10-5(a) part, (f) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.447; P.L.10-1988, SEC.196;
P.L.119-2005, SEC.15.

IC 3-13-8-11 Vacating office by incumbent pending outcome of election

contest
Sec. 11. If, pending the outcome of an election contest, the incumbent vacates the office
after the expiration of the incumbent's term, the vacancy shall be filled as are other vacancies
under this chapter until the election is decided or the office is otherwise filled. This section
does not affect the incumbent's right to hold over as provided in Article 15, Section 3 of the
Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: 3-2-10-7.]
As added by P.L.5-1986, SEC.9.

IC 3-13-8-12 Bond, oath, rights, and duties of person filling vacancy

Sec. 12. A person filling a vacancy under this chapter must give the same bond and take
the same oath and has the same rights and duties as the official who vacated the office.
[Pre-1986 Recodification Citations: 3-2-9-11(c); 3-2-10-8.]
As added by P.L.5-1986, SEC.9.

IC 3-13-8-13 Term of office

Sec. 13. A person selected to fill a vacant office under this chapter holds the office for the
remainder of the term, except as provided in section 4 of this chapter.
[Pre-1986 Recodification Citation: 3-2-10-9.]
As added by P.L.5-1986, SEC.9.

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IC 3-13-9 Chapter 9. Vacancies in Town Offices Not Held or Filled by a
Major Party

3-13-9-1 Vacancy of office held by candidate of major political party; filling by caucus
3-13-9-1.5 Meeting held before vacancy exists; notice of meeting
3-13-9-2 Office of judge of town court
3-13-9-3 Office of town clerk-treasurer
3-13-9-4 Office of town council member
3-13-9-4.5 Office of town council member when more than 50% of seats are vacant
3-13-9-5 Vacating office by incumbent pending outcome of election contest
3-13-9-5.5 Failure to elect town council member; incumbent holding over
3-13-9-5.6 Failure to elect enough at-large town council members; determination of
holdover council members; notice of meeting
3-13-9-6 Bond, oath, rights, and duties of person filling vacancy
3-13-9-7 Term of office

IC 3-13-9-1 Vacancy of office held by candidate of major political party;

filling by caucus
Sec. 1. A vacancy in a town office that was last held by a person elected or selected as a
candidate of a major political party of the state shall be filled by a caucus under IC 3-13-11.
[Pre-1986 Recodification Citations: 3-2-9-1 part; 3-2-9-2(a) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.448; P.L.10-1988, SEC.197.

IC 3-13-9-1.5 Meeting held before vacancy exists; notice of meeting

Sec. 1.5. A town clerk-treasurer or president of the town council may give notice of a
meeting under this chapter, and the meeting may be conducted under this chapter, before a
vacancy in an office exists if the person holding the office has:
(1) submitted a written resignation under IC 5-8-3.5; or
(2) been elected to another office.
As added by P.L.219-2013, SEC.70.

IC 3-13-9-2 Office of judge of town court

Sec. 2. (a) This section applies to a vacancy in the office of judge of a town court that is:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but not filled by a major political party by the
applicable deadline set forth in IC 3-13-11-3.
(b) A vacancy shall be filled by the town council at a regular or special meeting.
(c) The town clerk-treasurer shall give notice of the meeting. The meeting shall be held
not later than thirty (30) days after:
(1) the vacancy occurs if the vacancy is not covered by section 1 of this chapter; or
(2) the applicable deadline for a major political party to fill the vacancy as set forth in
IC 3-13-11-3.
(d) The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten (10) days before the
meeting.
(e) If a vacancy:
(1) is not covered by section 1 of this chapter; and
(2) exists because of the death of a judge;
the council shall meet and select an individual to fill the vacancy not later than thirty (30)
days after the town clerk-treasurer receives notice of the death under IC 5-8-6. The town
clerk-treasurer may not give the notice required by subsection (c) until the town

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clerk-treasurer receives notice of the death under IC 5-8-6.
(f) If a vacancy:
(1) is covered by section 1 of this chapter;
(2) exists because of the death of a judge; and
(3) exists for more than thirty (30) days;
the council shall meet and select an individual to fill the vacancy not later than sixty (60)
days after the town clerk-treasurer receives notice of the death under IC 5-8-6. The town
clerk-treasurer may not give the notice required by subsection (c) until the town
clerk-treasurer receives notice of the death under IC 5-8-6.
[Pre-1986 Recodification Citations: 3-2-10-5.5(b); 3-2-10-6 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.449; P.L.8-1989, SEC.9;
P.L.4-1991, SEC.127; P.L.119-2005, SEC.16; P.L.278-2019, SEC.157.

IC 3-13-9-3 Office of town clerk-treasurer

Sec. 3. (a) This section applies to a vacancy in the office of town clerk-treasurer:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but not filled by a major political party by the
applicable deadline set forth in IC 3-13-11-3.
(b) A vacancy shall be filled by the town council at a regular or special meeting.
(c) The president of the town council shall give notice of the meeting. Except as provided
in subsections (e) and (f), the meeting shall be held not later than thirty (30) days after:
(1) the vacancy occurs if the vacancy is not covered by section 1 of this chapter; or
(2) the applicable deadline for a major political party to fill the vacancy as set forth in
IC 3-13-11-3.
(d) The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten (10) days before the
meeting.
(e) If a vacancy:
(1) is not covered by section 1 of this chapter; and
(2) exists because of the death of the town clerk-treasurer;
the council shall meet and select an individual to fill the vacancy not later than thirty (30)
days after the president of the town council receives notice of the death under IC 5-8-6. The
president of the town council may not give the notice required by subsection (c) until the
president of the town council receives notice of the death under IC 5-8-6.
(f) If a vacancy:
(1) is covered by section 1 of this chapter;
(2) exists because of the death of the town clerk-treasurer; and
(3) exists for more than thirty (30) days;
the council shall meet and select an individual to fill the vacancy not later than sixty (60)
days after the president of the town council receives notice of the death under IC 5-8-6. The
president of the town council may not give the notice required by subsection (c) until the
president of the town council receives notice of the death under IC 5-8-6.
(g) If a town council is unable to select an individual to fill a vacancy in the office by
complying with this section, a member of the town council may assume the duties of the town
clerk-treasurer under IC 36-5-6-9.
[Pre-1986 Recodification Citation: 3-2-10-6 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.450; P.L.8-1989, SEC.10;
P.L.4-1991, SEC.128; P.L.119-2005, SEC.17; P.L.120-2015, SEC.1; P.L.278-2019,
SEC.158.

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IC 3-13-9-4 Office of town council member
Sec. 4. (a) This section applies to a vacancy in the town council:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but not filled by a major political party by the
applicable deadline set forth in IC 3-13-11-3.
(b) The vacancy shall be filled by the remaining members of the council at a regular or
special meeting.
(c) The town clerk-treasurer shall give notice of the meeting. Except as provided in
subsections (e), (f), (g), and (h), the meeting shall be held not later than thirty (30) days after:
(1) the vacancy occurs if the vacancy is not covered by section 1 of this chapter; or
(2) the applicable deadline for a major political party to fill the vacancy as set forth in
IC 3-13-11-3.
(d) The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten (10) days before the
meeting.
(e) If a vacancy:
(1) is not covered by subsection (f) or section 1 of this chapter; and
(2) exists because a circumstance has occurred under IC 36-5-2-6.5(3);
the town council shall meet and select an individual to fill the vacancy not later than thirty
(30) days after the town council determines that a circumstance has occurred under
IC 36-5-2-6.5(3).
(f) If a vacancy:
(1) is not covered by subsection (e) or section 1 of this chapter; and
(2) exists because a circumstance has occurred under IC 36-5-2-6.5(2);
the town council shall meet and select an individual to fill the vacancy not later than thirty
(30) days after the town clerk-treasurer receives notice of the death under IC 5-8-6. The town
clerk-treasurer may not give the notice required by subsection (c) until the town
clerk-treasurer receives notice of the death under IC 5-8-6.
(g) If a vacancy:
(1) is covered by section 1 of this chapter and not covered by subsection (h);
(2) exists because a circumstance has occurred under IC 36-5-2-6.5(3); and
(3) exists for more than thirty (30) days;
the council shall meet and select an individual to fill the vacancy not later than sixty (60)
days after the town council determines that a circumstance has occurred under
IC 36-5-2-6.5(3).
(h) If a vacancy:
(1) is covered by section 1 of this chapter and not covered by subsection (g);
(2) exists because a circumstance has occurred under IC 36-5-2-6.5(2); and
(3) exists for more than thirty (30) days;
the council shall meet and select an individual to fill the vacancy not later than sixty (60)
days after the town clerk-treasurer receives notice of the death under IC 5-8-6. The town
clerk-treasurer may not give the notice required by subsection (c) until the town
clerk-treasurer receives notice of the death under IC 5-8-6.
[Pre-1986 Recodification Citation: 3-2-10-6 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.451; P.L.8-1989, SEC.11;
P.L.4-1991, SEC.129; P.L.174-2002, SEC.1; P.L.1-2003, SEC.7; P.L.119-2005, SEC.18;
P.L.278-2019, SEC.159.

IC 3-13-9-4.5 Office of town council member when more than 50% of seats
are vacant

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 Sec. 4.5. (a) This section applies to a vacancy in the town council to be filled under
section 4 of this chapter when more than fifty percent (50%) of the seats on the town council
are vacant.
(b) The remaining member or a majority of the remaining members of the town council
shall fill the vacancies under this chapter as the first item of business at a meeting of the town
council even though a quorum would not then exist to conduct other town council business.
(c) If there are no remaining members of the town council in office or a tie vote occurs
among the remaining members under subsection (b), the vacancies shall be filled by the town
clerk-treasurer.
(d) If there are no remaining members of the town council and no clerk-treasurer in office,
the vacancies in the office of clerk-treasurer and town council shall be filled by the county
chairman of the major political party of the state whose candidate for secretary of state
received the most votes in the last election for that office in the precincts in which the town
is wholly or partially located.
As added by P.L.3-1995, SEC.132.

IC 3-13-9-5 Vacating office by incumbent pending outcome of election

contest
Sec. 5. If, pending the outcome of an election contest, the incumbent vacates the office
after the expiration of the incumbent's term, the vacancy shall be filled as are other vacancies
under this chapter until the election is decided or the office is otherwise filled. This section
does not affect the incumbent's right to hold over as provided in Article 15, Section 3 of the
Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: 3-2-10-7.]
As added by P.L.5-1986, SEC.9.

IC 3-13-9-5.5 Failure to elect town council member; incumbent holding over

Sec. 5.5. If no candidate was elected to the office of town council from a district, the
incumbent council member holds office under Article 15, Section 3 of the Constitution of the
State of Indiana until a successor is elected and qualified.
As added by P.L.4-1991, SEC.130.

IC 3-13-9-5.6 Failure to elect enough at-large town council members;

determination of holdover council members; notice of meeting
Sec. 5.6. (a) If fewer town council members have been elected at large than there were
members to be elected, the town council shall determine, not later than December 31
following the election, the incumbent council member or members who hold office under
Article 15, Section 3 of the Constitution of the State of Indiana until a successor is elected
and qualified. If a tie vote occurs during the vote to determine the members that continue to
hold office, the town clerk-treasurer casts the deciding vote under IC 36-5-2-8.
(b) The town clerk-treasurer shall give notice of the meeting.
(c) The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each member of the town council at least ten (10) days
before the meeting.
As added by P.L.4-1991, SEC.131. Amended by P.L.38-1999, SEC.65.

IC 3-13-9-6 Bond, oath, rights, and duties of person filling vacancy

Sec. 6. A person filling a vacancy under this chapter must give the same bond and take
the same oath and has the same rights and duties as the official who vacated the office.
[Pre-1986 Recodification Citations: 3-2-9-11(c); 3-2-10-8.]

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As added by P.L.5-1986, SEC.9.

IC 3-13-9-7 Term of office

Sec. 7. A person selected to fill a vacant office under this chapter holds the office for the
remainder of the term.
[Pre-1986 Recodification Citation: 3-2-10-9.]
As added by P.L.5-1986, SEC.9.

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IC 3-13-10 Chapter 10. Vacancies in Township Offices Not Held by a
Major Party

3-13-10-1 Vacancy in office held by candidate of major political party

3-13-10-1.5 Meeting held before vacancy exists; notice of meeting
3-13-10-2 Office of township trustee
3-13-10-3 Office of township assessor
3-13-10-4 Township board
3-13-10-5 Office of judge or constable of small claims court
3-13-10-6 Vacating office by incumbent pending outcome of election contest
3-13-10-6.5 Failure to elect enough township board members; determination of holdover
board members; notice of meeting
3-13-10-7 Bond, oath, rights, and duties of person filling vacancy
3-13-10-8 Term of office

IC 3-13-10-1 Vacancy in office held by candidate of major political party

Sec. 1. A vacancy in a township office that was last held by a person elected or selected
as a candidate of a major political party of the state shall be filled by a caucus under
IC 3-13-11.
[Pre-1986 Recodification Citations: 3-2-9-1 part; 3-2-9-2(a) part; 33-11.6-3-1 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.10-1988, SEC.198.

IC 3-13-10-1.5 Meeting held before vacancy exists; notice of meeting

Sec. 1.5. A county auditor may give notice of a meeting under this chapter, and the
meeting may be conducted under this chapter, before a vacancy in an office exists if the
person holding the office has:
(1) submitted a written resignation under IC 5-8-3.5; or
(2) been elected to another office.
As added by P.L.219-2013, SEC.71.

IC 3-13-10-2 Office of township trustee

Sec. 2. (a) A vacancy in the office of township trustee:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but not filled by a major political party by the
applicable deadline set forth in IC 3-13-11-3;
shall be filled by the board of commissioners of the county at a regular or special meeting.
(b) The county auditor shall give notice of the meeting.
(c) The meeting shall be held not later than thirty (30) days after:
(1) the vacancy occurs, if the vacancy is not covered by section 1 of this chapter; or
(2) the applicable deadline for a major political party to fill the vacancy as set forth in
IC 3-13-11-3.
(d) The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each commissioner at least ten (10) days before the
meeting.
(e) If the vacancy:
(1) is not covered by section 1 of this chapter; and
(2) exists because of the death of the township trustee;
the meeting required by subsection (c) shall be held not later than thirty (30) days after the
county circuit court clerk receives notice of the death under IC 5-8-6. The county auditor may
not give the notice required by subsection (b) until the county circuit court clerk receives
notice of the death under IC 5-8-6.

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 (f) If the vacancy:
(1) is covered by section 1 of this chapter;
(2) exists because of the death of the township trustee; and
(3) exists for more than thirty (30) days;
the meeting required under subsection (c) shall be held not later than sixty (60) days after the
county circuit court clerk receives notice of the death under IC 5-8-6. The county auditor may
not give the notice required by subsection (b) until the county circuit court clerk receives
notice of the death under IC 5-8-6.
[Pre-1986 Recodification Citation: 3-2-10-3(a) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.452; P.L.14-2004, SEC.170;
P.L.119-2005, SEC.19; P.L.278-2019, SEC.160; P.L.227-2023, SEC.128.

IC 3-13-10-3 Office of township assessor

Sec. 3. (a) This section applies to a vacancy in the office of township assessor not covered
by section 1 of this chapter.
(b) A vacancy shall be filled by the county assessor, subject to the approval of the
department of local government finance. Except as provided in subsection (c), the county
assessor shall make the appointment not later than thirty (30) days after the vacancy occurs.
If the vacancy occurred because the elected township assessor failed to qualify or was
removed, the person who is appointed must be of the same political party as the elected
township assessor.
(c) If a vacancy exists because of the death of the township assessor, the county assessor
shall make the appointment required by subsection (b) not later than thirty (30) days after the
county assessor receives notice of the death under IC 5-8-6. The county assessor may not fill
the vacancy as required by subsection (b) until the county assessor receives notice of the
death under IC 5-8-6.
[Pre-1986 Recodification Citation: 3-2-10-3(c).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.453; P.L.90-2002, SEC.1;
P.L.119-2005, SEC.20.

IC 3-13-10-4 Township board

Sec. 4. (a) A vacancy on the township board of a township:
(1) not covered by section 1 of this chapter; or
(2) covered by section 1 of this chapter, but not filled by a major political party by the
applicable deadline set forth in IC 3-13-11-3;
shall be filled by the board of commissioners of the county at a regular or special meeting.
(b) The county auditor shall give notice of the meeting.
(c) Except as provided in subsections (e) and (f), the meeting shall be held not later than
thirty (30) days after:
(1) the vacancy occurs, if the vacancy is not covered by section 1 of this chapter; or
(2) the applicable deadline for a major political party to fill the vacancy as set forth in
IC 3-13-11-3.
(d) The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each commissioner at least ten (10) days before the
meeting.
(e) If a vacancy:
(1) is not covered by section 1 of this chapter; and
(2) exists because of the death of a township board member;
the meeting required by subsection (c) shall be held not later than thirty (30) days after the
county circuit court clerk receives notice of the death under IC 5-8-6. The county auditor may

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not give the notice required under subsection (b) until the county circuit court clerk receives
notice of the death under IC 5-8-6.
(f) If a vacancy:
(1) is covered by section 1 of this chapter;
(2) exists because of the death of a township board member; and
(3) exists for more than thirty (30) days;
the meeting required by subsection (c) shall be held not later than sixty (60) days after the
county circuit court clerk receives notice of the death under IC 5-8-6. The county auditor may
not give the notice required by subsection (b) until the county circuit court clerk receives
notice of the death under IC 5-8-6.
[Pre-1986 Recodification Citation: 3-2-10-3(a) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1987, SEC.3; P.L.3-1987, SEC.454;
P.L.14-2004, SEC.171; P.L.119-2005, SEC.21; P.L.194-2013, SEC.92; P.L.278-2019,
SEC.161; P.L.227-2023, SEC.129.

IC 3-13-10-5 Office of judge or constable of small claims court

Sec. 5. (a) This section applies to a vacancy in the office of judge of a small claims court
or small claims court constable not covered by section 1 of this chapter.
(b) A vacancy shall be filled by the township board at a regular or special meeting. The
chairman of the township board shall give notice of the meeting. Except as provided in
subsection (c), the meeting shall be held not later than thirty (30) days after the vacancy
occurs. The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each board member at least ten (10) days before the
meeting.
(c) If a vacancy exists because of the death of a judicial officer, the meeting required by
subsection (b) shall be held not later than thirty (30) days after the chairman of the township
board receives notice of the death under IC 5-8-6. The chairman of the township board may
not give the notice required by subsection (b) until the chairman of the township board
receives notice of the death under IC 5-8-6.
[Pre-1986 Recodification Citation: 33-11.6-3-15 part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1987, SEC.4; P.L.3-1987, SEC.455;
P.L.119-2005, SEC.22.

IC 3-13-10-6 Vacating office by incumbent pending outcome of election

contest
Sec. 6. If, pending the outcome of an election contest, the incumbent vacates the office
after the expiration of the incumbent's term, the vacancy shall be filled as are other vacancies
under this chapter until the election is decided or the office is otherwise filled. This section
does not affect the incumbent's right to hold over as provided in Article 15, Section 3 of the
Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: 3-2-10-7.]
As added by P.L.5-1986, SEC.9.

IC 3-13-10-6.5 Failure to elect enough township board members;

determination of holdover board members; notice of meeting
Sec. 6.5. (a) If fewer candidates have been elected to the township board than there were
members to be elected, the county executive shall determine, at a regular or special meeting,
the incumbent board member or members that hold office under Article 15, Section 3 of the
Constitution of the State of Indiana until a successor is elected and qualified.
(b) The county auditor shall give notice of the meeting, which shall be held as follows:

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 (1) Not earlier than the thirtieth day before the general election.
(2) Not later than December 31 following the general election.
(c) The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each member of the county executive at least ten (10)
days before the meeting.
As added by P.L.4-1991, SEC.132.

IC 3-13-10-7 Bond, oath, rights, and duties of person filling vacancy

Sec. 7. A person filling a vacancy under this chapter must give the same bond and take
the same oath and has the same rights and duties as the official who vacated the office.
[Pre-1986 Recodification Citations: 3-2-9-11(c); 3-2-10-8.]
As added by P.L.5-1986, SEC.9.

IC 3-13-10-8 Term of office

Sec. 8. A person selected to fill a vacant office under this chapter holds the office for the
remainder of the term.
[Pre-1986 Recodification Citation: 3-2-10-9.]
As added by P.L.5-1986, SEC.9.

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IC 3-13-11 Chapter 11. Caucus Procedure for Filling Vacancies in Certain
Local Offices Held by Major Parties

3-13-11-1 Sections requiring following of caucus procedure; appointments pro tempore

3-13-11-2 Repealed
3-13-11-3 Calling of caucus; withdrawal of resignation; when caucus to be held
3-13-11-3.5 Vacancy on town council because of member's residency; calling caucus;
when caucus must be held
3-13-11-4 Notice of caucus
3-13-11-5 Members of caucus; eligibility
3-13-11-6 Chairman of caucus
3-13-11-7 Required filings for pro tempore appointment
3-13-11-8 Caucus rules of procedure; tie vote; effect of lack of quorum
3-13-11-9 Voting by proxy
3-13-11-10 Selection of person to fill vacancy; secret ballot
3-13-11-11 Certification of pro tempore appointment results; forwarding certificates;
filing certificates
3-13-11-12 Chief deputy employee; assumption of duties during vacancy; except office of
judge, member of fiscal or legislative body
3-13-11-13 Chief deputy employee except for office of judge; appointment if position
declined, person ineligible, or position not established
3-13-11-14 City controller assumes duty of mayor if position of deputy mayor not
established in first or second class city
3-13-11-15 President pro tempore of common council assumes duty of mayor if position of
deputy mayor not established in third class city
3-13-11-16 Appointment to office of clerk or clerk-treasurer if chief deputy position not
established, person ineligible, or position declined
3-13-11-17 Circumstances in which township board chairman assumes duties of township
office except for office of judge or township board member
3-13-11-18 Rights and duties of person assuming duties of vacant office
3-13-11-19 Vacancies; candidates eligible for pro tempore appointment
3-13-11-20 Vacancies; authority to fill
3-13-11-21 Applicability of provisions concerning temporary filling of vacancy

IC 3-13-11-1 Sections requiring following of caucus procedure;

appointments pro tempore
Sec. 1. The caucus procedure prescribed by this chapter for filling vacancies in local
offices must be followed whenever required by IC 3-13-6-2, IC 3-13-6-3(a), IC 3-13-7-1,
IC 3-13-8-1, IC 3-13-9-1, or IC 3-13-10-1. Selections made under this chapter (or under
IC 3-2-9 before its repeal on March 4, 1986) are appointments pro tempore for the purposes
of Article 2, Section 11 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citations: 3-2-9-1 part; 3-2-9-2(a) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.5; P.L.15-1987, SEC.2;
P.L.14-1988, SEC.2; P.L.3-1990, SEC.13; P.L.19-1995, SEC.2.

IC 3-13-11-2 Repealed
[Pre-1986 Recodification Citation: 3-2-9-2(b).]
As added by P.L.5-1986, SEC.9. Repealed by P.L.3-1987, SEC.570.

IC 3-13-11-3 Calling of caucus; withdrawal of resignation; when caucus to

be held
Sec. 3. (a) Except as provided in subsections (b) and (e) and section 3.5 of this chapter,
after a vacancy occurs and not later than ten (10) days after a vacancy occurs in an office
subject to this chapter, the county chairman:
(1) of the county in which the greatest percentage of the population of the election
district of the office is located; and
(2) of the same political party that elected or selected the official who vacated the

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 office;
shall give notice of a caucus to all eligible precinct committeemen.
(b) A county chairman may give notice of a caucus before the time specified under
subsection (a) if a vacancy will exist because the official has:
(1) submitted a written resignation under IC 5-8-3.5;
(2) been elected to another office; or
(3) submitted a notice under IC 5-9-4 to take a leave of absence for active duty in the
armed forces or national guard.
(c) Notwithstanding IC 5-8-4, a person may not withdraw the person's resignation after
the resignation has been accepted by the person authorized to accept the resignation less than
seventy-two (72) hours before the announced starting time of a caucus under this section.
(d) Except as provided in subsections (e) and (f) and section 3.5 of this chapter, a caucus
under this section shall be held after giving notice to caucus members under section 4 of this
chapter and not later than thirty (30) days after the vacancy occurs.
(e) If a vacancy exists in an office because of the death of the officeholder, the caucus
shall meet and select an individual to fill the vacancy not later than thirty (30) days after the
county chairman receives notice of the death under IC 5-8-6. The county chairman shall give
notice to caucus members under section 4 of this chapter. The county chairman may not give
the notice required by section 4 of this chapter until the county chairman receives notice of
the death under IC 5-8-6.
(f) If a person or entity that receives notice of a resignation under IC 5-8-3.5-1(b) fails to
provide timely notice of the resignation to the person or entity with the power to fill the
vacancy or call the caucus, the person or entity with the power to fill the vacancy or call that
caucus:
(1) may immediately proceed to fill the vacancy or call the caucus without prior receipt
of the notice; and
(2) must do so not later than thirty (30) days after receiving the notice from the person
or entity that received the notice of resignation.
[Pre-1986 Recodification Citation: 3-2-9-5(a).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.456; P.L.10-1988, SEC.199;
P.L.4-1991, SEC.133; P.L.3-1997, SEC.396; P.L.174-2002, SEC.2; P.L.119-2005, SEC.23;
P.L.194-2013, SEC.93; P.L.74-2017, SEC.67; P.L.278-2019, SEC.162.

IC 3-13-11-3.5 Vacancy on town council because of member's residency;

calling caucus; when caucus must be held
Sec. 3.5. (a) If a vacancy exists on a town council because a circumstance has occurred
under IC 36-5-2-6.5(3), the caucus shall meet and select an individual to fill the vacancy not
later than thirty (30) days after the county chairman receives a notice of the vacancy under
IC 5-8-5.
(b) The county chairman shall:
(1) give notice of the caucus meeting to caucus members under section 4 of this
chapter; and
(2) keep the notice of the vacancy with the records of the caucus.
As added by P.L.174-2002, SEC.3. Amended by P.L.1-2003, SEC.8; P.L.119-2005, SEC.24.

IC 3-13-11-4 Notice of caucus

Sec. 4. The notice for a caucus under section 3 of this chapter must:
(1) be in writing;
(2) state the name of the chairman of the caucus;
(3) state the purpose of the caucus;
(4) state the date, time, and place of the caucus; and
(5) be sent by first class mail to each member of the caucus at least ten (10) days before
the caucus.

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 [Pre-1986 Recodification Citation: 3-2-9-5(b).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.457.

IC 3-13-11-5 Members of caucus; eligibility

Sec. 5. (a) To be eligible to be a member of a caucus under this chapter, a precinct
committeeman must satisfy the following:
(1) Be a member of the same political party that elected or selected the person who
vacated the office to be filled.
(2) Be the precinct committeeman of a precinct in which voters were eligible to vote
for the person who vacated the office to be filled at the last election conducted or
permitted for the office.
(3) Satisfy the other requirements of this section.
An elected precinct committeeman is eligible to participate in a caucus called under this
chapter, regardless of when the vacancy in the office occurred.
(b) An appointed precinct committeeman is eligible to participate in a caucus called under
this chapter if the precinct committeeman was a precinct committeeman thirty (30) days
before the vacancy occurred.
(c) If fewer than two (2) persons are eligible to be members of a caucus under this section,
the county chairman entitled to give notice of a caucus under section 3 of this chapter shall
fill the vacancy, no later than thirty (30) days after the vacancy occurs. A chairman acting
under this subsection is not required to conduct a caucus.
[Pre-1986 Recodification Citation: 3-2-9-3.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.458; P.L.10-1988, SEC.200;
P.L.5-1989, SEC.68; P.L.3-1993, SEC.227; P.L.38-1999, SEC.66; P.L.176-1999, SEC.116;
P.L.26-2000, SEC.29.

IC 3-13-11-6 Chairman of caucus

Sec. 6. The county chairman:
(1) of the county in which the greatest percentage of the population of the election
district is located; and
(2) of the same political party that elected or selected the official who vacated the office
to be filled;
(or an individual designated by the county chairman) is the chairman of a caucus held under
this chapter. The chairman is not eligible to vote in the caucus unless the chairman is also a
member of the caucus.
[Pre-1986 Recodification Citation: 3-2-9-4.]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.459; P.L.10-1988, SEC.201;
P.L.225-2011, SEC.86.

IC 3-13-11-7 Required filings for pro tempore appointment

Sec. 7. (a) This section does not apply to a vacancy filled by a county chairman under
section 5(c) of this chapter.
(b) A person who wishes to be a candidate for pro tempore appointment to fill a vacancy
under this chapter must file:
(1) a declaration of candidacy with the chairman of the caucus; and
(2) a statement of economic interests with the commission on judicial qualifications if
the vacancy is in the office of prosecuting attorney;
at least seventy-two (72) hours before the time fixed for the caucus.
[Pre-1986 Recodification Citation: 3-2-9-6.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.6; P.L.5-1989, SEC.69;
P.L.19-1995, SEC.3; P.L.38-1999, SEC.67.

IC 3-13-11-8 Caucus rules of procedure; tie vote; effect of lack of quorum

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 Sec. 8. (a) Except as provided in this chapter, the caucus shall establish the caucus rules
of procedure. The chairman or an individual designated by the chairman shall break any tie
vote that occurs in the caucus.
(b) If a quorum required under the rules of a meeting held under this chapter is not
present, the county chairman or an individual designated by the county chairman shall fill the
vacancy that exists in the local office.
[Pre-1986 Recodification Citation: 3-2-9-8.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.7; P.L.3-1987, SEC.460;
P.L.96-2012, SEC.6; P.L.216-2015, SEC.33.

IC 3-13-11-9 Voting by proxy

Sec. 9. (a) Except as provided in this section, voting by proxy is not permitted in a caucus
held under this chapter.
(b) A precinct vice committeeman is entitled to participate in a caucus held under this
chapter and vote as a proxy for the vice committeeman's precinct committeeman if all of the
following apply:
(1) The vice committeeman's precinct committeeman is otherwise eligible to participate
in the caucus under this chapter. This subdivision is satisfied if the vacancy to be filled
under this chapter resulted from the death of an individual holding a local office who
also served as a precinct committeeman.
(2) The vice committeeman's precinct committeeman is not present at the caucus.
(3) The vice committeeman is eligible under this section.
(c) The vice committeeman of an elected precinct committeeman is eligible to participate
in a caucus held under this chapter and vote the precinct committeeman's proxy, regardless
of when the vacancy occurred, if the vice committeeman was the vice committeeman five (5)
days before the date of the caucus.
(d) If a vice committeeman is not eligible under subsection (c), the vice committeeman
is eligible to participate in a caucus held under this chapter and vote the precinct
committeeman's proxy only if the vice committeeman was the vice committeeman thirty (30)
days before the vacancy occurred.
[Pre-1986 Recodification Citation: 3-2-9-7.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.8; P.L.3-1987, SEC.461;
P.L.10-1988, SEC.202; P.L.3-1995, SEC.133; P.L.26-2000, SEC.30; P.L.199-2001, SEC.27.

IC 3-13-11-10 Selection of person to fill vacancy; secret ballot

Sec. 10. The members of a caucus held under this chapter shall select, by a majority vote
of those casting a vote for a candidate, a person to fill the vacancy described in the written
notice of the caucus. If more than one (1) person seeks to fill the vacancy, the selection shall
be conducted by secret ballot.
[Pre-1986 Recodification Citation: 3-2-9-9.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.9; P.L.3-1987, SEC.462;
P.L.74-2017, SEC.68.

IC 3-13-11-11 Certification of pro tempore appointment results; forwarding

certificates; filing certificates
Sec. 11. (a) No later than noon five (5) days after:
(1) the selection required by section 10 of this chapter; or
(2) a selection under section 5(c) of this chapter;
the chairman shall certify the pro tempore appointment results to the circuit court clerk of the
county in which the greatest percentage of the population of the election district is located.
(b) This subsection applies to the selection of an individual for an appointment pro
tempore as judge of a town court, prosecuting attorney, circuit court clerk, county auditor,
county recorder, county treasurer, county sheriff, county coroner, or county surveyor. The

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clerk shall forward a copy of the certificate to the election division. The election division
shall prepare a commission for issuance under IC 4-3-1-5 in the same manner that the
election division prepares a commission following the election of an individual to the office.
(c) This subsection applies to the selection of an individual for an appointment pro
tempore to a local office not described in subsection (b). The clerk shall file the certificate
in the clerk's office in the same manner as certificates of election are filed. Within
twenty-four (24) hours after the certificate is filed, the clerk shall issue a copy of the
certificate to the individual named in the certificate.
[Pre-1986 Recodification Citation: 3-2-9-10.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1986, SEC.10; P.L.10-1988, SEC.203;
P.L.5-1989, SEC.70; P.L.38-1999, SEC.68; P.L.26-2000, SEC.31.

IC 3-13-11-12 Chief deputy employee; assumption of duties during vacancy;

except office of judge, member of fiscal or legislative body
Sec. 12. (a) This section does not apply to the office of a judge or a member of a fiscal
or legislative body.
(b) Subject to sections 13 through 17 of this chapter, the chief deputy employee of the
office that is vacant assumes the duties of that office for the period of time between when a
vacancy occurs and when the office is filled under this chapter in a circuit, county, city, town,
or township office.
[Pre-1986 Recodification Citation: 3-2-9-11(a) part, (b) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.14-2004, SEC.172; P.L.227-2023,
SEC.130.

IC 3-13-11-13 Chief deputy employee except for office of judge; appointment

if position declined, person ineligible, or position not
established
Sec. 13. (a) This section does not apply to the office of a judge.
(b) In accordance with section 12 of this chapter, if a chief deputy employee does not
exist in a circuit or county office, or the chief deputy employee declines or is ineligible to
serve, the board of county commissioners shall appoint, as soon as is reasonably possible, a
person to assume the duties of the office until the office is filled under this chapter.
(c) If a circuit contains more than one (1) county, the boards of county commissioners of
the counties shall meet in joint session at the county seat of the county that contains the
greatest percentage of population of the circuit to appoint an individual under this section.
[Pre-1986 Recodification Citation: 3-2-9-11(a)(4).]
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1993, SEC.228; P.L.14-2004, SEC.173.

IC 3-13-11-14 City controller assumes duty of mayor if position of deputy

mayor not established in first or second class city
Sec. 14. In accordance with section 12 of this chapter, if the position of deputy mayor is
not established by ordinance in a first class or second class city, the city controller assumes
the duties of mayor until the office is filled under this chapter.
[Pre-1986 Recodification Citation: 3-2-9-11(a)(1).]
As added by P.L.5-1986, SEC.9.

IC 3-13-11-15 President pro tempore of common council assumes duty of

mayor if position of deputy mayor not established in third class
city
Sec. 15. In accordance with section 12 of this chapter, if the position of deputy mayor is
not established by ordinance in a third class city, the president pro tempore of the common
council assumes the duties of mayor until the office is filled under this chapter.
[Pre-1986 Recodification Citation: 3-2-9-11(a)(2).]

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As added by P.L.5-1986, SEC.9.

IC 3-13-11-16 Appointment to office of clerk or clerk-treasurer if chief

deputy position not established, person ineligible, or position
declined
Sec. 16. In accordance with section 12 of this chapter, if a chief deputy employee does
not exist in the office of clerk or clerk-treasurer of a city or town, or the chief deputy
employee declines or is ineligible to serve, the mayor of the city or the president of the town
council shall appoint, as soon as is reasonably possible, a person to assume the duties of the
office until the office is filled under this chapter.
[Pre-1986 Recodification Citation: 3-2-9-11(a)(3).]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1989, SEC.12; P.L.3-1993, SEC.229;
P.L.14-2004, SEC.174.

IC 3-13-11-17 Circumstances in which township board chairman assumes

duties of township office except for office of judge or township
board member
Sec. 17. (a) This section does not apply to the office of a judge or a township board
member.
(b) In accordance with section 12 of this chapter, if a chief deputy employee does not
exist in a township office or the chief deputy employee declines or is ineligible to serve, the
chairman of the township board assumes the duties of the township office until the office is
filled under this chapter.
[Pre-1986 Recodification Citation: 3-2-9-11(b) part.]
As added by P.L.5-1986, SEC.9. Amended by P.L.8-1987, SEC.5; P.L.3-1993, SEC.230;
P.L.14-2004, SEC.175.

IC 3-13-11-18 Rights and duties of person assuming duties of vacant office

Sec. 18. A person who assumes the duties of a vacant office under this chapter has all of
the office's rights and duties. Except as provided in IC 3-13-6, the person serves for the
remainder of the unexpired term.
[Pre-1986 Recodification Citation: 3-2-9-11(c).]
As added by P.L.5-1986, SEC.9. Amended by P.L.38-1999, SEC.69.

IC 3-13-11-19 Vacancies; candidates eligible for pro tempore appointment

Sec. 19. The person who last held a vacated office may not be a candidate for pro tempore
appointment to fill a vacancy in that office under this chapter for the remainder of the term.
As added by P.L.8-1986, SEC.11.

IC 3-13-11-20 Vacancies; authority to fill

Sec. 20. Except as expressly provided in this article, if a person:
(1) is authorized to fill a vacancy in office or to determine which incumbent continues
to hold an office under IC 3-13-9-5.6 or IC 3-13-10-6.5; and
(2) fails to fill the vacancy or determine which incumbent continues to hold office
before the deadline prescribed by statute;
the person retains the authority to fill the vacancy or to determine which incumbent continues
to hold office.
As added by P.L.3-1997, SEC.397.

IC 3-13-11-21 Applicability of provisions concerning temporary filling of

vacancy
Sec. 21. Sections 12 through 20 of this chapter apply to a vacancy in an office to be filled
under:

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 (1) this chapter; or
(2) IC 3-13-6, IC 3-13-7, IC 3-13-8, IC 3-13-9, or IC 3-13-10.
As added by P.L.3-1997, SEC.398.

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IC 3-14 ARTICLE 14. OFFENSES

Ch. 1. Campaign Violations

Ch. 2. Vote Fraud
Ch. 3. Interference With Free and Equal Elections
Ch. 4. Procedural Violations by Election Officers
Ch. 5. Enforcement Provisions
Ch. 6. Election Profiteering

IC 3-14-1 Chapter 1. Campaign Violations

3-14-1-1 Defacing, falsifying, or destroying declarations, requests, petitions, or

certificates
3-14-1-2 Printing, publishing, or distributing of slate during primary campaign without
authority
3-14-1-3 Circulation or publication of anonymous campaign material
3-14-1-4 Repealed
3-14-1-5 Repealed
3-14-1-6 Solicitation, challenge, or performance of election function by state police
department employee, police officer, or firefighter
3-14-1-7 Collection, receipt, or disbursement of money or property by committee
without appointment of treasurer
3-14-1-8 Repealed
3-14-1-9 Repealed
3-14-1-10 Excess contributions by corporation or labor organization
3-14-1-10.5 Acceptance of contributions in excess of permitted amounts by certain judges
3-14-1-11 Contributions in the name of another person
3-14-1-12 Repealed
3-14-1-13 Filing fraudulent reports
3-14-1-14 Failure to file required report
3-14-1-14.5 Commingling committee funds with personal funds
3-14-1-15 Repealed
3-14-1-16 Violation of IC 3-9-3-4
3-14-1-17 Use of government employer's property for soliciting contribution, advocating
election or defeat of a candidate, or advocate approval or defeat of a public
question

IC 3-14-1-1 Defacing, falsifying, or destroying declarations, requests,

petitions, or certificates
Sec. 1. A person who knowingly:
(1) falsely makes or fraudulently defaces or destroys a declaration of candidacy, request
for ballot placement under IC 3-8-3, certificate or petition of nomination, recount
petition or cross-petition, contest petition, or certificate of candidate selection, or a part
of the declaration, request, petition, or certificate;
(2) files a declaration of candidacy, request for ballot placement under IC 3-8-3,
certificate or petition of nomination, recount petition or cross-petition, contest petition,
or certificate of candidate selection, knowing any part thereof to be falsely made;
(3) refuses to execute a certificate of nomination or candidate selection when required
by this title to do so and knowing that the candidate has been nominated or selected;
(4) if the document is listed in subdivision (1), refuses to:
(A) receive the document; or
(B) record the date and time the document was received;
when presented in accordance with this title; or
(5) suppresses a declaration of candidacy, request for ballot placement under IC 3-8-3,
petition or certificate of nomination, recount petition or cross-petition, contest petition,
or certificate of candidate selection, that has been duly filed, or any part of the
declaration, request, petition, or certificate;

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commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10. Amended by P.L.10-1988, SEC.204; P.L.158-2013,
SEC.4; P.L.234-2017, SEC.1.

IC 3-14-1-2 Printing, publishing, or distributing of slate during primary

campaign without authority
Sec. 2. (a) A person who:
(1) prints, publishes, or distributes a slate during a primary election campaign without
authority from and:
(A) over the name of an organization of voters, including the name of the
organization and its officers; or
(B) if it is not an organized group of voters, over the names of at least ten (10) voters
in the political subdivision in which the primary election is being held;
together with the name of the printer who printed the slate;
(2) prints on a slate during a primary election campaign the name or number of a
candidate without the candidate's written consent; or
(3) prints, publishes, or distributes a slate during a primary election campaign unless
at least five (5) days before it is printed and published the written consent of the voters
over whose names it is published and the written consent of the candidates in whose
behalf it is distributed are filed in the office of the county election board in each county
where the election is held;
commits a Class A misdemeanor.
(b) As used in this section, "slate" means a sample ballot, reproduction of an official
ballot, or a listing of candidates:
(1) having the names or numbers of more than one (1) candidate for nomination at a
primary election; and
(2) that expresses support for more than one (1) of the candidates set forth on the ballot
or list.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.463; P.L.10-1988,
SEC.205; P.L.3-1997, SEC.399.

IC 3-14-1-3 Circulation or publication of anonymous campaign material

Sec. 3. An individual, an organization, or a committee that circulates or publishes material
in an election without the statement required under IC 3-9-3-2.5 commits a Class A
misdemeanor.
As added by P.L.5-1986, SEC.10. Amended by P.L.10-1988, SEC.206; P.L.5-1989, SEC.71;
P.L.3-1997, SEC.400.

IC 3-14-1-4 Repealed
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.464; P.L.10-1988,
SEC.207; P.L.5-1989, SEC.72; P.L.3-1995, SEC.134. Repealed by P.L.3-1997, SEC.475.

IC 3-14-1-5 Repealed
As added by P.L.5-1986, SEC.10. Repealed by P.L.5-1989, SEC.120.

IC 3-14-1-6 Solicitation, challenge, or performance of election function by

state police department employee, police officer, or firefighter
Sec. 6. (a) A state police department employee or a police officer or firefighter (including
a special duty, auxiliary, or volunteer police officer or firefighter) of a political subdivision
who recklessly:
(1) solicits votes or campaign funds;
(2) challenges voters; or
(3) performs any other election related function;

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while wearing any identifying insignia or article of clothing that is part of an official uniform
or while on duty commits a Class A misdemeanor.
(b) This section does not prohibit any of the following:
(1) A state police department civilian employee from voting while on duty.
(2) A police officer or firefighter from voting while wearing any part of an official
uniform or while on duty.
(3) An individual described in subsection (a) from consenting to a photograph (or other
visual depiction) of the individual wearing any part of the individual's official uniform
appearing in an advertisement in support of a candidate or political party.
(4) A law enforcement officer, upon request from a precinct election officer under
IC 3-6-6-35, from entering the polls or chute to assist if a violation of law or breach of
peace within the polls or the chute has occurred or appears imminent.
(5) A police officer wearing any identifying insignia or article of clothing that is part
of an official uniform or while on duty from serving as an absentee ballot courier
appointed under IC 3-11.5-4-22.
As added by P.L.5-1986, SEC.10. Amended by P.L.16-1987, SEC.1; P.L.12-1989, SEC.1;
P.L.3-1997, SEC.401; P.L.176-1999, SEC.117; P.L.209-2021, SEC.10.

IC 3-14-1-7 Collection, receipt, or disbursement of money or property by

committee without appointment of treasurer
Sec. 7. A committee subject to IC 3-9 or any of its members that recklessly collects,
receives, keeps, or disburses money or other property to promote any activity to which IC 3-9
applies without appointing and maintaining a treasurer as required by IC 3-9-1 commits a
Class B misdemeanor.
As added by P.L.5-1986, SEC.10.

IC 3-14-1-8 Repealed
As added by P.L.5-1986, SEC.10. Repealed by P.L.3-1995, SEC.157.

IC 3-14-1-9 Repealed
As added by P.L.5-1986, SEC.10. Repealed by P.L.3-1995, SEC.157.

IC 3-14-1-10 Excess contributions by corporation or labor organization

Sec. 10. A corporation or labor organization that recklessly exceeds any of the limitations
on contributions prescribed by IC 3-9-2-4 commits a Class B misdemeanor.
As added by P.L.5-1986, SEC.10.

IC 3-14-1-10.5 Acceptance of contributions in excess of permitted amounts by

certain judges
Sec. 10.5. (a) A person who recklessly violates IC 33-33-2-11 by accepting contributions
that exceed the amount permitted under that section commits a Class B misdemeanor.
(b) A person described by subsection (a) is also subject to a civil penalty under
IC 3-9-4-17. The county election board may assess a penalty of not more than three (3) times
the amount of the contribution that exceeds the limit prescribed by IC 33-33-2-11, plus any
investigative costs incurred and documented by the board.
As added by P.L.3-1997, SEC.402. Amended by P.L.98-2004, SEC.44.

IC 3-14-1-11 Contributions in the name of another person

Sec. 11. A person who:
(1) recklessly makes a contribution in the name of another person; or
(2) knowingly accepts a contribution made by one person in the name of another
person;
commits a Class B misdemeanor.

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As added by P.L.5-1986, SEC.10.

IC 3-14-1-12 Repealed
As added by P.L.5-1986, SEC.10. Repealed by P.L.3-1995, SEC.157.

IC 3-14-1-13 Filing fraudulent reports

Sec. 13. A person who knowingly files a report required by IC 3-9 that is fraudulent
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.158-2013, SEC.5.

IC 3-14-1-14 Failure to file required report

Sec. 14. A person who fails to file a report with the proper office as required by IC 3-9
commits a Class B misdemeanor.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.465.

IC 3-14-1-14.5 Commingling committee funds with personal funds

Sec. 14.5. A person who recklessly violates IC 3-9-2-9(c) by commingling the funds of
a committee with the personal funds of an officer, a member, or an associate of the committee
commits a Class B misdemeanor.
As added by P.L.3-1993, SEC.231.

IC 3-14-1-15 Repealed
As added by P.L.5-1986, SEC.10. Repealed by P.L.3-1995, SEC.157.

IC 3-14-1-16 Violation of IC 3-9-3-4

Sec. 16. A person who knowingly or intentionally violates IC 3-9-3-4 commits a Class A
infraction.
As added by P.L.13-1987, SEC.3.

IC 3-14-1-17 Use of government employer's property for soliciting

contribution, advocating election or defeat of a candidate, or
advocate approval or defeat of a public question
Sec. 17. (a) As used in this section, "government employee" refers to any of the following:
(1) An employee of the state.
(2) An employee of a political subdivision.
(3) A special state appointee (as defined in IC 4-2-6-1).
(4) An employee of a charter school (as defined in IC 20-24-1-4).
(b) As used in this section, "government employer" refers to the state or a political
subdivision.
(c) As used in this section, "property" refers only to the following:
(1) Equipment, goods, and materials, including mail and messaging systems.
(2) Money.
(d) A government employee may not knowingly or intentionally use the property of the
employee's government employer to do any of the following:
(1) Solicit a contribution.
(2) Advocate the election or defeat of a candidate.
(3) Advocate the approval or defeat of a public question.
(e) A government employee may not knowingly or intentionally distribute campaign
materials advocating:
(1) the election or defeat of a candidate; or
(2) the approval or defeat of a public question;
on the government employer's real property during regular working hours.
(f) This section does not prohibit the following:

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 (1) Activities permitted under IC 6-1.1-20.
(2) A government employee from carrying out administrative duties under the direction
of an elected official who is the government employee's supervisor.
(g) A government employee who knowingly or intentionally performs several actions
described in subsection (d) or (e) in a connected series that are closely related in time, place,
and circumstance may be charged with only one (1) violation of this section for that
connected series of actions.
(h) A government employee who violates this section commits a Class A misdemeanor.
However, the offense is a Level 6 felony if the person has a prior unrelated conviction under
this section.
As added by P.L.258-2013, SEC.85. Amended by P.L.219-2013, SEC.72; P.L.168-2014,
SEC.2; P.L.169-2015, SEC.157; P.L.216-2015, SEC.34.

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IC 3-14-2 Chapter 2. Vote Fraud

3-14-2-1 Fraudulent application for registration or absentee ballot; fraudulent voting;

payment for obtaining signatures for placing public question or candidate on
ballot
3-14-2-2 Fraudulent application for registration or procurement of registration
3-14-2-2.5 Solicitation for fraudulent absentee ballot application
3-14-2-3 Fraudulent subscription of another person's name
3-14-2-4 Registering to vote more than once
3-14-2-5 Destruction or failure to file or deliver registration form or absentee ballot
application after execution
3-14-2-6 Unauthorized release or removal of registration materials or information
3-14-2-7 Withholding information or furnishing false information to poll taker; return of
false names or names of deceased persons
3-14-2-8 Return of names of ineligible, fictitious, or deceased persons by poll taker
3-14-2-9 Unregistered or unauthorized voting
3-14-2-10 Voting by ineligible persons
3-14-2-11 Voting in other precincts; making false statements concerning certain voter
information
3-14-2-12 Voting or applying to vote in false name and own name
3-14-2-13 Hiring or soliciting an ineligible person to vote in a precinct
3-14-2-14 Precinct officer or public official allowing ineligible voters or unauthorized
procedure
3-14-2-15 Unauthorized delivery of ballots
3-14-2-16 Ballots; fraudulent application, showing, examination, receipt, possession,
completion, or delivery
3-14-2-17 Marking ballot to indicate to another person how voter has voted
3-14-2-18 Disclosure of voter's vote to another
3-14-2-19 Forgery of official ballot endorsement; printing or circulating imitation ballot
3-14-2-20 Deceptive registration of vote
3-14-2-21 Fraudulent inducement to vote other than as intended
3-14-2-22 False representation of ballot to non-English speaking voter
3-14-2-23 Opening, destruction, or unauthorized delivery of ballots by custodian of
ballots
3-14-2-24 Removal or destruction of ballots; false entries in poll book; false tallying
3-14-2-25 Marking or defacing ballots by precinct election board member or authorized
election personnel
3-14-2-26 Tampering with ballot container, voting system component, or contents
3-14-2-27 Fraudulent recording of votes; false statement, certificate, or return of vote
3-14-2-28 Fraudulent alteration of election return; intentional destruction of poll book or
tally; fraudulent alteration of vote as returned
3-14-2-29 Inspecting voting system without authorization
3-14-2-30 Voting at more than one town convention held during same election year
3-14-2-31 Voting more than one ballot at the same election; replacement ballot exception

IC 3-14-2-1 Fraudulent application for registration or absentee ballot;

fraudulent voting; payment for obtaining signatures for
placing public question or candidate on ballot
Sec. 1. A person who knowingly does any of the following commits a Level 6 felony:
(1) Conspires with an individual for the purpose of encouraging the individual to
submit a false application for registration.
(2) Conspires with an individual for the purpose of encouraging the individual to vote
illegally.
(3) Pays or offers to pay an individual any property for doing any of the following:
(A) Applying for an absentee ballot.
(B) Casting an absentee ballot.
(C) Registering to vote.
(D) Voting.
(4) Accepts the payment of any property for doing any of the following:

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 (A) Applying for an absentee ballot.
(B) Casting an absentee ballot.
(C) Registering to vote.
(D) Voting.
(5) Pays or offers to pay an individual any property based on the number of signatures
obtained to place a candidate or public question on a ballot. This subdivision does not
prohibit payment for gathering signatures not based, either directly or indirectly, on the
number of signatures obtained to place a candidate or public question on a ballot.
(6) Pays or offers to pay an individual any property based on the number of absentee
ballot applications or voter registration applications obtained by the individual. This
subdivision does not prohibit payment for gathering absentee ballot applications or
voter registration applications not based, either directly or indirectly, on the number of
applications obtained.
As added by P.L.5-1986, SEC.10. Amended by P.L.103-2005, SEC.21; P.L.158-2013,
SEC.6; P.L.278-2019, SEC.163.

IC 3-14-2-2 Fraudulent application for registration or procurement of

registration
Sec. 2. A person who, knowing the person is not a voter and will not be a voter at the next
election, applies for registration or procures registration as a voter commits a Class C
infraction. However, the violation is a Class A misdemeanor if it is committed knowingly or
intentionally and the person has a prior unrelated adjudication or conviction for a violation
of this section within the previous five (5) years.
As added by P.L.5-1986, SEC.10. Amended by P.L.32-2019, SEC.1.

IC 3-14-2-2.5 Solicitation for fraudulent absentee ballot application

Sec. 2.5. A person who does either of the following, knowing that an individual is
ineligible to register to vote or to vote, commits absentee ballot fraud, a Level 6 felony:
(1) Solicits the individual to complete an absentee ballot application.
(2) Solicits the individual to submit an absentee ballot application to a county election
board.
As added by P.L.103-2005, SEC.22. Amended by P.L.158-2013, SEC.7.

IC 3-14-2-3 Fraudulent subscription of another person's name

Sec. 3. A person who:
(1) subscribes the name of another person to an affidavit of registration, a petition of
nomination, a declaration of candidacy, or application for an absentee ballot knowing
that the affidavit, petition, declaration, or application contains a false statement; or
(2) subscribes the name of another person to an affidavit of registration, a petition of
nomination, a declaration of candidacy, or application for an absentee ballot without
writing on it the person's own name and address as an attesting witness;
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.103-2005, SEC.23; P.L.194-2013,
SEC.94; P.L.158-2013, SEC.8; P.L.168-2014, SEC.3.

IC 3-14-2-4 Registering to vote more than once

Sec. 4. A person who recklessly registers or offers to register to vote more than once
commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10.

IC 3-14-2-5 Destruction or failure to file or deliver registration form or

absentee ballot application after execution
Sec. 5. (a) A person who recklessly destroys or fails to deliver an absentee ballot

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application to the proper officer in accordance with IC 3-11-4 after the application has been
executed by another individual in accordance with IC 3-11-4 commits a Class A
misdemeanor.
(b) A person who recklessly destroys or fails to file or deliver to the proper officer a
registration affidavit or form of registration in accordance with IC 3-7 after the affidavit or
form has been executed commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10. Amended by P.L.103-2005, SEC.24; P.L.194-2013,
SEC.95.

IC 3-14-2-6 Unauthorized release or removal of registration materials or

information
Sec. 6. A person who knowingly, intentionally, or recklessly releases or removes any
registration materials or information contained in the computerized list maintained under
IC 3-7-26.3 from the county voter registration office, except when release or removal is
necessary:
(1) to comply with IC 3-7; or
(2) for the destruction of the materials under IC 5-15-6;
commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.87; P.L.4-1996, SEC.87;
P.L.209-2003, SEC.192; P.L.164-2006, SEC.131.

IC 3-14-2-7 Withholding information or furnishing false information to

poll taker; return of false names or names of deceased persons
Sec. 7. A person who knowingly:
(1) upon the demand of a poll taker, withholds any information from the poll taker with
regard to the qualifications of a voter or person not entitled to vote;
(2) furnishes to a poll taker any false information with regard to the qualifications of
any person for voting; or
(3) returns to the poll taker as voters any false names or the names of any persons who
are dead or are not voters;
commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10.

IC 3-14-2-8 Return of names of ineligible, fictitious, or deceased persons by

poll taker
Sec. 8. A poll taker who knowingly returns:
(1) the name of a person who is not entitled to vote in the precinct for which the poll
is taken at the next election;
(2) a fictitious name; or
(3) the name of a dead person;
commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10.

IC 3-14-2-9 Unregistered or unauthorized voting

Sec. 9. A person who knowingly votes or offers to vote at an election when the person is
not registered or authorized to vote commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.158-2013, SEC.9.

IC 3-14-2-10 Voting by ineligible persons

Sec. 10. A person who recklessly votes at an election, unless the person is a registered
voter under the requirements of IC 3-7 at the time of the election, commits a Class A
misdemeanor.
As added by P.L.5-1986, SEC.10.

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IC 3-14-2-11 Voting in other precincts; making false statements concerning
certain voter information
Sec. 11. (a) A person who knowingly votes or offers to vote in a precinct except the one
in which the person is registered and resides commits a Level 6 felony, except when
permitted under IC 3-10-10, IC 3-10-11, or IC 3-10-12.
(b) A person who knowingly makes a false statement concerning the name, address, or
voter identification number of the person by:
(1) signing a person's signature on a poll list to affirm false information concerning a
voter printed on the poll list; or
(2) making a written or oral affirmation under IC 3-7-39-7, IC 3-10-1-24, IC 3-10-10-4,
IC 3-10-11-4, IC 3-10-12-4, or IC 3-11-8-25.1 to provide false information concerning
a voter in addition to the information concerning the voter printed on the poll list;
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.466; P.L.10-1988,
SEC.208; P.L.17-1993, SEC.17; P.L.12-1995, SEC.88; P.L.194-2013, SEC.96;
P.L.158-2013, SEC.10; P.L.168-2014, SEC.4; P.L.169-2015, SEC.158.

IC 3-14-2-12 Voting or applying to vote in false name and own name

Sec. 12. A person who:
(1) knowingly votes or makes application to vote in an election in a name other than the
person's own; or
(2) having voted once at an election, knowingly applies to vote at the same election in
the person's own name or any other name;
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.158-2013, SEC.11.

IC 3-14-2-13 Hiring or soliciting an ineligible person to vote in a precinct

Sec. 13. A person who knowingly hires or solicits another person to go into a precinct for
the purpose of voting at an election at the precinct when the person hired or solicited is not
a voter in the precinct commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.103-2005, SEC.25; P.L.158-2013,
SEC.12.

IC 3-14-2-14 Precinct officer or public official allowing ineligible voters or

unauthorized procedure
Sec. 14. A precinct election officer or public official upon whom a duty is imposed by this
title who knowingly:
(1) allows a person to vote who is not entitled to vote; or
(2) allows a person to vote by use of an unauthorized procedure;
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.158-2013, SEC.13.

IC 3-14-2-15 Unauthorized delivery of ballots

Sec. 15. A member, an employee, or an agent of a county election board who knowingly
delivers a ballot to a person except in the manner prescribed by this title commits a Level 6
felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.8-1995, SEC.65; P.L.103-2005, SEC.26;
P.L.158-2013, SEC.14.

IC 3-14-2-16 Ballots; fraudulent application, showing, examination, receipt,

possession, completion, or delivery
Sec. 16. A person who knowingly does any of the following commits a Level 6 felony:
(1) Applies for or receives a ballot in a precinct other than that precinct in which the

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 person is entitled to vote.
(2) Except when receiving assistance under IC 3-11-9, shows a ballot after it is marked
to another person in such a way as to reveal the contents of it or the name of a
candidate for whom the person has voted.
(3) Except when offering assistance requested by a voter in accordance with IC 3-11-9,
examines a ballot that a voter has prepared for voting or solicits the voter to show the
ballot.
(4) Receives from a voter a ballot prepared by the voter for voting, except:
(A) the inspector;
(B) a member of the precinct election board temporarily acting for the inspector;
(C) a member or an employee of a county election board (acting under the authority
of the board and state law) or an absentee voter board member acting under
IC 3-11-10; or
(D) a member of the voter's household or family listed in IC 3-6-6-7(a)(4), an
individual designated as attorney in fact for the voter, or an employee of:
(i) the United States Postal Service; or
(ii) a bonded courier company;
(acting in the individual's capacity as an employee of the United States Postal Service
or a bonded courier company) when delivering an envelope containing an absentee
ballot under IC 3-11-10-1.
(5) Receives a ballot from a person other than one (1) of the poll clerks or authorized
assistant poll clerks.
(6) Delivers a ballot to a voter to be voted, unless the person is:
(A) a poll clerk or authorized assistant poll clerk; or
(B) a member of a county election board or an absentee voter board acting under
IC 3-11-10.
(7) Delivers a ballot (other than an absentee ballot) to an inspector that is not the ballot
the voter receives from the poll clerk or assistant poll clerk.
(8) Delivers an absentee ballot to a team of absentee ballot counters appointed under
IC 3-11.5-4-22, a county election board, a circuit court clerk, or an absentee voting
board under IC 3-11-10 that is not the ballot cast by the absentee voter.
(9) Delivers an absentee ballot prepared by the voter for voting to a county election
board, except for:
(A) the inspector;
(B) a member of the precinct election board temporarily acting for the inspector;
(C) a member or an employee of a county election board (acting under the authority
of the board and in accordance with state law) or an absentee voter board member
acting under IC 3-11-10; or
(D) a member of the voter's household or family listed in IC 3-6-6-7(a)(4), or an
individual designated as attorney in fact for the voter, an employee of:
(i) the United States Postal Service; or
(ii) a bonded courier company;
(acting in the individual's capacity as an employee of the United States Postal Service
or a bonded courier company) when delivering an envelope containing an absentee
ballot under IC 3-11-10-1.
(10) Possesses an unmarked absentee ballot on or before the date of the election for
which the absentee ballot has been printed, unless the person is authorized to possess
the absentee ballot under this title as any of the following:
(A) A printer, when arranging for the delivery of unmarked absentee ballots to a
county election board under IC 3-11-2.
(B) A county election board member or employee (acting under the authority of the
board and in accordance with state law).
(C) An absentee voter board member.

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 (D) An employee of:
(i) the United States Postal Service; or
(ii) a bonded courier company;
(acting in the individual's capacity as an employee of the United States Postal Service
or a bonded courier company) when delivering an envelope containing an absentee
ballot.
(E) An individual authorized under IC 3-11-10-24 to deliver an absentee ballot.
(F) An absentee ballot counter under IC 3-11.5.
(G) A provisional ballot counter.
(H) A precinct election officer.
(I) The voter who applied for the absentee ballot.
(11) Completes or signs an absentee ballot application for a voter, or assists a voter in
completing an absentee ballot application in violation of IC 3-11.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.467; P.L.5-1989, SEC.73;
P.L.3-1993, SEC.232; P.L.19-1993, SEC.3; P.L.4-1996, SEC.88; P.L.38-1999, SEC.70;
P.L.103-2005, SEC.27; P.L.158-2013, SEC.15; P.L.109-2021, SEC.71.

IC 3-14-2-17 Marking ballot to indicate to another person how voter has

voted
Sec. 17. A voter at an election who knowingly writes or places on a ballot a name, sign,
or device as a distinguishing mark by which to indicate to any other person how the voter has
voted commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.158-2013, SEC.16.

IC 3-14-2-18 Disclosure of voter's vote to another

Sec. 18. A voter who knowingly:
(1) does anything to enable any other person to see or know for what ticket, candidates,
or public questions the voter has voted; or
(2) moves into a position, or does any other thing, to enable the voter to see or know
for what ticket, candidates, or public questions any other voter votes;
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.10-1988, SEC.209; P.L.103-2005,
SEC.28; P.L.221-2005, SEC.134; P.L.158-2013, SEC.17.

IC 3-14-2-19 Forgery of official ballot endorsement; printing or circulating

imitation ballot
Sec. 19. (a) A person who knowingly:
(1) forges or falsely makes the official endorsement of a ballot; or
(2) prints or circulates an imitation ballot;
commits a Level 6 felony.
(b) This section does not prohibit the:
(1) printing or circulation of a sample ballot or a reproduction of an official ballot if the
sample or reproduction complies with IC 3-9-3-2.5 and the printing or circulation does
not violate IC 3-14-1-2; or
(2) displaying of a sample ballot under IC 3-11-3-25, IC 3-11-11-1.3, IC 3-11-13-10.5,
or IC 3-11-14-18.5.
As added by P.L.5-1986, SEC.10. Amended by P.L.66-2003, SEC.51; P.L.158-2013,
SEC.18; P.L.227-2023, SEC.131.

IC 3-14-2-20 Deceptive registration of vote

Sec. 20. A person who knowingly:
(1) deceives a voter in registering the voter's vote under IC 3-11-8; or
(2) registers a voter's vote in a way other than as requested by the voter;

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commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.468; P.L.158-2013, SEC.19.

IC 3-14-2-21 Fraudulent inducement to vote other than as intended

Sec. 21. A person who fraudulently causes a voter at an election to vote for a person
different from the one the voter intended to vote for or on a public question different from
the vote the voter intended to cast commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.469; P.L.10-1988,
SEC.210; P.L.158-2013, SEC.20.

IC 3-14-2-22 False representation of ballot to non-English speaking voter

Sec. 22. A person who knowingly furnishes a voter who cannot read the English language
with a ballot at an election that the person represents to the voter as containing a name
different from the one printed or written on it commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.470; P.L.158-2013, SEC.21.

IC 3-14-2-23 Opening, destruction, or unauthorized delivery of ballots by

custodian of ballots
Sec. 23. A person entrusted with the custody of ballots who knowingly:
(1) opens a package in which the ballots are contained;
(2) destroys a ballot; or
(3) delivers such a package or ballot to a person not entitled to receive it;
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.158-2013, SEC.22.

IC 3-14-2-24 Removal or destruction of ballots; false entries in poll book;

false tallying
Sec. 24. A person who:
(1) takes a ballot legally deposited out of a ballot box or out of a voting system for the
purpose of destroying the ballot or substituting another ballot in its place;
(2) destroys or misplaces a ballot with the intent to substitute another ballot for it or
with the intent to prevent it from being counted; or
(3) knowingly enters upon the pollbooks the name of a person who has not legally
voted or knowingly tallies a vote for a candidate or on a public question not voted for
by the ballot;
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.10-1988, SEC.211; P.L.103-2005,
SEC.29; P.L.158-2013, SEC.23.

IC 3-14-2-25 Marking or defacing ballots by precinct election board

member or authorized election personnel
Sec. 25. A member of a precinct election board or county election board, a person
employed at the central counting headquarters, or a person charged with a duty in connection
with an election or entrusted with the custody or control of a ballot either before or after
voting who marks or defaces a ballot for the purpose of:
(1) identifying the ballot (except by numbering protested ballots for future reference
as provided by law); or
(2) vitiating the ballot;
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.158-2013, SEC.24.

IC 3-14-2-26 Tampering with ballot container, voting system component, or

contents

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 Sec. 26. A person who:
(1) during the progress of an election or within the time for preparation required under
this title, knowingly breaks open or violates the seal or lock of a ballot box, envelope,
container, bag, or voting system component in which ballots have been deposited;
(2) knowingly obtains a ballot box, envelope, container, bag, or voting system
component that contains ballots and cancels, withholds, or destroys a ballot;
(3) knowingly increases or decreases the number of ballots legally deposited in a ballot
box, envelope, container, bag, or voting system component; or
(4) knowingly makes a fraudulent erasure or alteration on a tally sheet, poll book, list
of voters, or election return deposited in a ballot box, envelope, bag, or voting system
component;
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.471; P.L.103-2005,
SEC.30; P.L.158-2013, SEC.25.

IC 3-14-2-27 Fraudulent recording of votes; false statement, certificate, or

return of vote
Sec. 27. A precinct election officer at the close of the polls, an absentee ballot counter
acting under IC 3-11.5-5 or IC 3-11.5-6, or a provisional ballot counter acting under
IC 3-11.7-5 who knowingly:
(1) causes the vote to be incorrectly taken down for a candidate or public question; or
(2) makes a false statement, certificate, or return of any kind of that vote;
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.472; P.L.3-1993, SEC.233;
P.L.19-1993, SEC.4; P.L.126-2002, SEC.89; P.L.158-2013, SEC.26.

IC 3-14-2-28 Fraudulent alteration of election return; intentional

destruction of poll book or tally; fraudulent alteration of vote
as returned
Sec. 28. A person who:
(1) with intent to defraud, alters an election return;
(2) knowingly destroys, misplaces, or loses a poll book or tally sheet; or
(3) with intent to defraud, alters the vote of a candidate or on a public question as
returned by the county election board or its employees;
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.10-1988, SEC.212; P.L.158-2013,
SEC.27.

IC 3-14-2-29 Inspecting voting system without authorization

Sec. 29. A person who knowingly inspects a voting system under IC 3-12-4-18 without:
(1) the adoption of an order under IC 3-12-4-18 to conduct the inspection; or
(2) the filing of an order adopted under IC 3-12-4-18 with the secretary of state;
commits a Level 6 felony.
As added by P.L.3-1987, SEC.473. Amended by P.L.103-2005, SEC.31; P.L.194-2013,
SEC.97; P.L.158-2013, SEC.28; P.L.168-2014, SEC.5.

IC 3-14-2-30 Voting at more than one town convention held during same
election year
Sec. 30. A person who knowingly votes at a town convention in violation of
IC 3-8-5-11(c) commits a Class A misdemeanor.
As added by P.L.167-2001, SEC.9.

IC 3-14-2-31 Voting more than one ballot at the same election; replacement

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 ballot exception
Sec. 31. Except for casting a replacement ballot in accordance with this title, a voter who
knowingly or intentionally votes more than one (1) ballot in the same election commits a
Level 6 felony.
As added by P.L.131-2022, SEC.4.

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IC 3-14-3 Chapter 3. Interference With Free and Equal Elections

3-14-3-0.1 Effect of legislation enacted during 2015 regular session of the general
assembly
3-14-3-1 Repealed
3-14-3-1.1 Procuring or submission of false, fictitious, or fraudulent registration
application; procuring, casting, or tabulating false, fictitious, or fraudulent
ballot
3-14-3-2 Failure to cast or return ballot in authorized manner
3-14-3-3 Interference with watcher's duties
3-14-3-4 Obstruction of, interference with, or injury of voter or election officer
3-14-3-5 Tampering with voting system
3-14-3-6 Allowing inaccurately adjusted voting system to be used
3-14-3-7 Removal, change, or mutilation of voting system ballot label to deceive voter
3-14-3-8 Damaging, disarranging, or tampering with voting system
3-14-3-9 Failure to receive vote of legal voter
3-14-3-10 Removal, defacing, or destruction of supplies or instruction cards from voting
booth; removal or destruction of voting booth
3-14-3-11 Tampering with marking device, ballot, or record or equipment; interference
with operation or secrecy of voting
3-14-3-12 Leaving poll with ballot or ballot marking device
3-14-3-13 Removal of ballot from polling place
3-14-3-14 Printers; unauthorized printing or delivery of ballots
3-14-3-15 Unauthorized entries at polls
3-14-3-16 Electioneering
3-14-3-17 Inducement of votes by board member or precinct election officer
3-14-3-18 Actions to unlawfully influence voter or candidate
3-14-3-19 Inducing votes by gift or offer to compensate
3-14-3-20 Acceptance or solicitation of compensation to induce or procure votes
3-14-3-20.5 Conspiracy to secure fraudulent registration or absentee ballot application
3-14-3-21 Influencing political opinions or actions of employees in the workplace
3-14-3-21.5 Voter intimidation
3-14-3-22 Repealed
3-14-3-23 Violation of IC 3-6-11-5 or IC 3-6-11-7
3-14-3-24 Repealed

IC 3-14-3-0.1 Effect of legislation enacted during 2015 regular session of the

general assembly
Sec. 0.1. Notwithstanding any other law, the additions and amendments to this chapter
made by legislation enacted in the 2015 regular session of the general assembly do not affect
any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) offenses committed; or
(4) proceedings begun;
before July 1, 2015. Those rights, liabilities, penalties, offenses, and proceedings continue
and shall be imposed and enforced under prior law as if the legislation had not been enacted.
As added by P.L.169-2015, SEC.159.

IC 3-14-3-1 Repealed
As added by P.L.5-1986, SEC.10. Repealed by P.L.3-1987, SEC.570.

IC 3-14-3-1.1 Procuring or submission of false, fictitious, or fraudulent

registration application; procuring, casting, or tabulating false,
fictitious, or fraudulent ballot
Sec. 1.1. A person who knowingly does any of the following commits a Level 6 felony:
(1) Procures or submits a voter registration application known by the person to be

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 materially false, fictitious, or fraudulent.
(2) Procures, casts, or tabulates a ballot known by the person to be materially false,
fictitious, or fraudulent.
As added by P.L.103-2005, SEC.32. Amended by P.L.158-2013, SEC.29; P.L.169-2015,
SEC.160.

IC 3-14-3-2 Failure to cast or return ballot in authorized manner

Sec. 2. A person who, having procured an official ballot, knowingly fails to cast or return
it in the prescribed manner commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10.

IC 3-14-3-3 Interference with watcher's duties

Sec. 3. A person who knowingly:
(1) interferes with a watcher;
(2) prevents a watcher from performing the watcher's duties;
(3) otherwise violates:
(A) IC 3-6-8-3;
(B) IC 3-6-8-4;
(C) IC 3-6-8-5;
(D) IC 3-6-8-6;
(E) IC 3-6-9; or
(F) IC 3-6-10; or
(4) violates IC 3-11-13-44(d);
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.5-1989, SEC.74; P.L.2-1998, SEC.9;
P.L.221-2005, SEC.135; P.L.158-2013, SEC.30.

IC 3-14-3-4 Obstruction of, interference with, or injury of voter or election

officer
Sec. 4. (a) A person who:
(1) knowingly obstructs or interferes with an election officer in the discharge of the
officer's duty; or
(2) knowingly obstructs or interferes with a voter within the chute;
commits a Level 6 felony.
(b) A person who knowingly injures an election officer or a voter:
(1) in the exercise of the officer's or voter's rights or duties; or
(2) because the officer or voter has exercised the officer's or voter's rights or duties;
commits a Level 6 felony.
(c) A person called as a witness to testify against another for a violation of this section is
a competent witness to prove the offense even though the person may have been a party to
the violation. The person shall be compelled to testify as other witnesses. However, the
person's evidence may not be used against the person in a prosecution growing out of matters
about which the person testifies, and the person is not liable to indictment or information for
the offense.
As added by P.L.5-1986, SEC.10. Amended by P.L.103-2005, SEC.33; P.L.158-2013,
SEC.31.

IC 3-14-3-5 Tampering with voting system

Sec. 5. A precinct election officer who, with the intent to cause or permit a ballot card
voting system or an electronic voting system to fail to correctly register all votes cast,
tampers with or disarranges the system or any part of it commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.474; P.L.221-2005,
SEC.136; P.L.158-2013, SEC.32.

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IC 3-14-3-6 Allowing inaccurately adjusted voting system to be used
Sec. 6. A precinct election officer who permits a ballot card voting system or an electronic
voting system to be used for voting at an election, with knowledge of the fact that the system
is not in order or not perfectly set and adjusted so that it will correctly register all votes cast,
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.475; P.L.221-2005,
SEC.137; P.L.158-2013, SEC.33.

IC 3-14-3-7 Removal, change, or mutilation of voting system ballot label to

deceive voter
Sec. 7. An inspector or poll clerk in a precinct who, for the purpose of:
(1) deceiving a voter;
(2) causing it to be doubtful for what ticket, candidate, or public question a vote is cast;
or
(3) causing it to appear that votes cast for one (1) ticket, candidate, or public question
were cast for another ticket, candidate, or public question;
removes, changes, or mutilates a voting system or any part of a voting system commits a
Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.103-2005, SEC.34; P.L.158-2013,
SEC.34.

IC 3-14-3-8 Damaging, disarranging, or tampering with voting system

Sec. 8. A person other than a precinct election officer who knowingly, before or during
an election:
(1) damages, disarranges, or tampers with a ballot card system or an electronic voting
system; or
(2) damages a ballot label placed or to be placed on the electronic voting system, or any
other appliance used in connection with the ballot card voting system or electronic
voting system;
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.476; P.L.221-2005,
SEC.138; P.L.158-2013, SEC.35.

IC 3-14-3-9 Failure to receive vote of legal voter

Sec. 9. A person who knowingly fails to receive the vote of a legal voter at an election
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.477; P.L.158-2013, SEC.36.

IC 3-14-3-10 Removal, defacing, or destruction of supplies or instruction

cards from voting booth; removal or destruction of voting
booth
Sec. 10. A person who during an election recklessly:
(1) removes or destroys any of the supplies or other conveniences placed in the voting
booths or delivered to the voter for the purpose of enabling a voter to prepare a ballot;
(2) removes or defaces the cards printed for the instruction of the voters; or
(3) removes or destroys a voting booth, railing, or other convenience provided for the
election;
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.478; P.L.158-2013, SEC.37.

IC 3-14-3-11 Tampering with marking device, ballot, or record or

equipment; interference with operation or secrecy of voting
Sec. 11. A person who recklessly:

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 (1) tampers with or damages a marking device, ballot, or other record or equipment
used in an election;
(2) interferes with the correct operation of such a device or equipment; or
(3) interferes with the secrecy of voting;
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.158-2013, SEC.38.

IC 3-14-3-12 Leaving poll with ballot or ballot marking device

Sec. 12. A voter who recklessly attempts to leave the polls with a ballot, the pencil, or
other marking device used in marking ballots in the voter's possession commits a Class A
misdemeanor. A voter who attempts to leave the polls with a ballot, pencil, or other marking
device in the voter's possession shall be arrested at once on demand of any member of the
precinct election board.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.479.

IC 3-14-3-13 Removal of ballot from polling place

Sec. 13. A person who during an election knowingly removes a ballot from the polls
commits a Class C infraction.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.480; P.L.158-2013,
SEC.39; P.L.234-2017, SEC.2.

IC 3-14-3-14 Printers; unauthorized printing or delivery of ballots

Sec. 14. A printer of the ballots for an election, or person employed in printing the ballots,
who knowingly:
(1) delivers a ballot to a person other than a county election board for which the ballots
are being printed;
(2) prints a ballot in any form other than the one prescribed by law; or
(3) prints a ballot containing any names, spellings, or arrangements other than as
authorized by the election division or a county election board;
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1997, SEC.403; P.L.225-2011,
SEC.87; P.L.158-2013, SEC.40; P.L.169-2015, SEC.161.

IC 3-14-3-15 Unauthorized entries at polls

Sec. 15. A person not authorized by this title who recklessly:
(1) enters the polls;
(2) enters within the railing leading from the challenge window or door to the entrance
of the polls without having been passed by the challengers or having been sworn in; or
(3) remains within the polls or within the chute in violation of IC 3-11-8-15 or
IC 3-11-8-16;
commits a Class C infraction. However, the violation is a Class A misdemeanor if it is
committed knowingly or intentionally and the person has a prior unrelated adjudication or
conviction for a violation of this section within the previous five (5) years.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1997, SEC.404; P.L.14-2004,
SEC.176; P.L.32-2019, SEC.2.

IC 3-14-3-16 Electioneering
Sec. 16. (a) As used in this section, "electioneering" means making a verbal statement,
displaying a written statement indicating support or opposition to a candidate, political party,
or public question appearing on the ballot, or wearing or displaying an article of clothing,
sign, button, or placard that states:
(1) the name of any political party or includes the name, picture, photograph, or other
likeness of any candidate or currently elected federal, state, county, or local official; or

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 (2) support for the approval or defeat of a public question.
(b) The term does not include expressing support or opposition to a candidate or a
political party or expressing approval or disapproval of a public question in:
(1) material mailed to a voter; or
(2) a telephone or an electronic communication with a voter.
(c) A person who knowingly does any electioneering:
(1) on election day within:
(A) the polls; or
(B) the chute;
(2) before election day within:
(A) the office of the circuit court clerk or a satellite office of the circuit court clerk
established under IC 3-11-10-26.3 used by an absentee voter board to permit an
individual to cast an absentee ballot; or
(B) fifty (50) feet of the entrance to the office of the circuit court clerk or satellite
office; or
(3) except for a voter who is:
(A) the person's spouse;
(B) an incapacitated person (as defined in IC 29-3-1-7.5) for whom the person has
been appointed the guardian (as defined in IC 29-3-1-6); or
(C) a member of the person's household;
in the presence of a voter whom the person knows possesses an absentee ballot
provided to the voter in accordance with Indiana law;
commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1997, SEC.405; P.L.66-2003, SEC.52;
P.L.14-2004, SEC.177; P.L.103-2005, SEC.35; P.L.164-2006, SEC.132; P.L.194-2013,
SEC.98; P.L.209-2021, SEC.11.

IC 3-14-3-17 Inducement of votes by board member or precinct election

officer
Sec. 17. A member of a precinct election board, a precinct election officer, or a member
of an absentee voter board who knowingly induces or persuades a voter to vote for a
candidate or for or against a public question while acting as a board member or precinct
election officer commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.481; P.L.10-1988,
SEC.213; P.L.3-1997, SEC.406; P.L.158-2013, SEC.41.

IC 3-14-3-18 Actions to unlawfully influence voter or candidate

Sec. 18. (a) As used in this section, "candidate" includes an individual whom the person
knows is considering becoming a candidate.
(b) A person who, for the purpose of influencing a voter or candidate, does any of the
following commits a Level 6 felony:
(1) Seeks to enforce the payment of a debt by force or threat of force.
(2) Ejects or threatens to eject the voter or candidate from a house the voter or
candidate occupies.
(3) Begins a criminal prosecution.
(4) Damages the business or trade of the voter or candidate.
(5) Communicates a threat to commit a forcible felony (as defined in IC 35-31.5-2-138)
against a voter or candidate with the intent that the voter or candidate:
(A) engage in conduct against the voter's or candidate's will; or
(B) be placed in fear of retaliation for a prior lawful act as a voter or candidate.
As added by P.L.5-1986, SEC.10. Amended by P.L.176-1999, SEC.118; P.L.103-2005,
SEC.36; P.L.114-2012, SEC.6; P.L.158-2013, SEC.42.

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IC 3-14-3-19 Inducing votes by gift or offer to compensate
Sec. 19. A person who, for the purpose of inducing or procuring another person to:
(1) apply for or cast an absentee ballot; or
(2) vote or refrain from voting for or against a candidate or for or against a public
question at:
(A) an election;
(B) a caucus;
(C) an appointment of a candidate by a political party chairman or central committee
officers; or
(D) a political convention;
authorized or required by this title;
gives, offers, or promises to any person any money or other property commits a Level 6
felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.482; P.L.103-2005,
SEC.37; P.L.158-2013, SEC.43; P.L.109-2021, SEC.72.

IC 3-14-3-20 Acceptance or solicitation of compensation to induce or

procure votes
Sec. 20. A person who, for the purpose of inducing or procuring a voter to:
(1) apply for or cast an absentee ballot; or
(2) vote or refrain from voting for or against a candidate or for or against a public
question at an election or political convention;
receives, accepts, requests, or solicits from any person any money or other property commits
a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.483; P.L.103-2005,
SEC.38; P.L.158-2013, SEC.44.

IC 3-14-3-20.5 Conspiracy to secure fraudulent registration or absentee ballot

application
Sec. 20.5. (a) This section does not apply to activity subject to 18 U.S.C. 1341.
(b) An individual who knowingly:
(1) conspires to obtain property the individual would be entitled to receive as
compensation for serving as an elected official by securing false or fraudulent absentee
ballot applications or voter registration applications; and
(2) for the purpose of executing the conspiracy:
(A) causes the applications to be sent or delivered by a private or commercial carrier
operating entirely within Indiana; or
(B) takes or receives from the private or commercial carrier the false or fraudulent
applications, or causes the applications to be delivered by the carrier to another
person;
commits a Level 6 felony.
As added by P.L.103-2005, SEC.39. Amended by P.L.158-2013, SEC.45.

IC 3-14-3-21 Influencing political opinions or actions of employees in the

workplace
Sec. 21. A person who:
(1) pays employees the salary or wages due in pay envelopes upon which there is
printed or in which there is enclosed a political motto, device, or argument containing
threats intended or calculated to influence the political opinions or actions of the
employees; or
(2) exhibits in the workplace of the person's employees a handbill or placard containing
a threat, notice, or information that, if a particular ticket, candidate, or public question
is elected, approved, or defeated:

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 (A) work in the person's place or establishment will cease in whole or in part;
(B) the person's establishment will be closed; or
(C) the wages of the employees will be reduced;
or that is otherwise intended or calculated to influence the political opinions or actions
of the employees;
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.484; P.L.10-1988,
SEC.214; P.L.158-2013, SEC.46.

IC 3-14-3-21.5 Voter intimidation

Sec. 21.5. A person who knowingly or intentionally intimidates, threatens, or coerces an
individual for:
(1) voting or attempting to vote;
(2) urging or aiding another individual to vote or attempt to vote; or
(3) exercising any power or duty under this title concerning registration or voting;
commits voter intimidation, a Level 6 felony.
As added by P.L.103-2005, SEC.40. Amended by P.L.158-2013, SEC.47.

IC 3-14-3-22 Repealed
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.485. Repealed by
P.L.11-1992, SEC.5.

IC 3-14-3-23 Violation of IC 3-6-11-5 or IC 3-6-11-7

Sec. 23. A proprietor, a manager, or an association of co-owners who violates IC 3-6-11-5
or IC 3-6-11-7 commits a Class C infraction.
As added by P.L.7-1990, SEC.51.

IC 3-14-3-24 Repealed
As added by P.L.7-1990, SEC.52. Repealed by P.L.83-2016, SEC.6.

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IC 3-14-4 Chapter 4. Procedural Violations by Election Officers

3-14-4-1 Unlawfully serving as precinct election board member

3-14-4-2 Inspectors; negligent or knowing failure to appear at election board's office
3-14-4-3 Omission in performance of required duties
3-14-4-3.5 Voter registration information violations
3-14-4-4 Allowing observance of voter preparing ballot
3-14-4-5 Repealed
3-14-4-6 Deposit of ballots not initialed or ballots externally defaced
3-14-4-7 Disclosure of how voter voted or information regarding appearance of ballot
voted
3-14-4-8 Opening or marking ballot or ascertaining how voter voted
3-14-4-9 Disclosure of votes or electioneering
3-14-4-10 Provision of information concerning vote count before closing of polls

IC 3-14-4-1 Unlawfully serving as precinct election board member

Sec. 1. A person who knowingly serves as a member of a precinct election board in
violation of IC 3-6-6 commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.486; P.L.158-2013, SEC.48.

IC 3-14-4-2 Inspectors; negligent or knowing failure to appear at election

board's office
Sec. 2. An inspector who negligently or knowingly fails to appear at the county election
board's office in person or by representative as required by IC 3-11-3 commits a Level 6
felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.487; P.L.158-2013, SEC.49.

IC 3-14-4-3 Omission in performance of required duties

Sec. 3. A precinct election officer or public official upon whom a duty is imposed by this
title who knowingly omits to perform the duty commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.158-2013, SEC.50.

IC 3-14-4-3.5 Voter registration information violations

Sec. 3.5. A circuit court clerk, a member of a board of registration, a county official, or
another person responsible for maintaining computerized voter registration information who
recklessly fails to comply with IC 3-7-26.3 more than thirty (30) days after being required
to perform a duty under IC 3-7-26.3 commits a Class B misdemeanor.
As added by P.L.3-1993, SEC.234. Amended by P.L.12-1995, SEC.89; P.L.3-1995,
SEC.135; P.L.209-2003, SEC.193; P.L.164-2006, SEC.133.

IC 3-14-4-4 Allowing observance of voter preparing ballot

Sec. 4. A member of a precinct election board who recklessly allows a booth or
compartment in which a voter is preparing a ballot to be used:
(1) without a screen; or
(2) with a screen arranged so as not to shield the preparation of the ballot from
observation;
commits a Class C infraction.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.488; P.L.158-2013,
SEC.51; P.L.234-2017, SEC.3.

IC 3-14-4-5 Repealed
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.489. Repealed by
P.L.5-1989, SEC.120.

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IC 3-14-4-6 Deposit of ballots not initialed or ballots externally defaced
Sec. 6. An inspector, or person acting in the inspector's behalf, who knowingly deposits:
(1) a ballot upon which the initials of the poll clerks or authorized assistant poll clerks
do not appear; or
(2) a ballot on which appears externally a distinguishing mark or defacement;
commits a Class C infraction.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.490; P.L.158-2013,
SEC.52; P.L.234-2017, SEC.4.

IC 3-14-4-7 Disclosure of how voter voted or information regarding

appearance of ballot voted
Sec. 7. A member of a precinct election board or a person otherwise entitled to the
inspection of the ballots who knowingly:
(1) reveals to another person how a voter has voted; or
(2) gives information concerning the appearance of any ballot voted;
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.158-2013, SEC.53.

IC 3-14-4-8 Opening or marking ballot or ascertaining how voter voted

Sec. 8. A member of a precinct election board, an absentee ballot counter appointed under
IC 3-11.5-4-22, or a provisional ballot counter appointed under IC 3-11.7-3 who knowingly:
(1) opens or marks, by folding or otherwise, a ballot presented by a voter, except as
provided by law; or
(2) tries to find out how the voter voted before the ballot is deposited in the ballot box
or cast on a ballot card voting system or an electronic voting system or counted by the
absentee ballot counter;
commits a Level 6 felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.491; P.L.3-1993, SEC.235;
P.L.19-1993, SEC.5; P.L.126-2002, SEC.90; P.L.221-2005, SEC.139; P.L.158-2013,
SEC.54.

IC 3-14-4-9 Disclosure of votes or electioneering

Sec. 9. An election officer who knowingly:
(1) discloses to a person the name of a candidate for whom a voter has voted or how
a voter voted on a public question; or
(2) does any electioneering on election day;
commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10. Amended by P.L.10-1988, SEC.215; P.L.66-2003, SEC.53.

IC 3-14-4-10 Provision of information concerning vote count before closing

of polls
Sec. 10. A person who knowingly violates:
(1) IC 3-11.5-5;
(2) IC 3-11.5-6; or
(3) IC 3-12-2-1;
by providing any other person with information concerning the number of votes a candidate
received for an office or cast to approve or reject a public question on absentee ballots
counted under IC 3-11.5-5, IC 3-11.5-6, or IC 3-12 before the closing of the polls commits
a Level 6 felony.
As added by P.L.3-1993, SEC.236 and P.L.19-1993, SEC.6. Amended by P.L.3-1995,
SEC.136; P.L.221-2005, SEC.140; P.L.158-2013, SEC.55; P.L.193-2021, SEC.101.

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IC 3-14-5 Chapter 5. Enforcement Provisions

3-14-5-1 Affidavit against illegal voter

3-14-5-2 Affidavits; packaging, sealing, endorsing, and delivery to grand jury; inquiry
by grand jury; preservation and return of affidavits by prosecuting attorney
3-14-5-3 Duty to report violations to prosecuting attorney and violator; presentation to
grand jury
3-14-5-4 Prosecution of violators
3-14-5-5 Indictment or information; allegations
3-14-5-6 Criminal prosecutions; self-incrimination defense not available to witness
3-14-5-7 Informants; immunity
3-14-5-8 Employment sanctions for a person convicted of a vote fraud felony or class A
misdemeanor; remedies if conviction is reversed, vacated, or set aside;
injunctions; civil penalties

IC 3-14-5-1 Affidavit against illegal voter

Sec. 1. (a) This section applies during an election whenever a voter makes an affidavit
before the inspector in a precinct that a person who has offered to vote is an illegal voter in
the precinct. This section does not apply to an affidavit executed by an individual who:
(1) is subject to the requirements set forth in IC 3-7-33-4.5;
(2) is challenged solely as a result of the individual's inability or refusal to comply with
IC 3-7-33-4.5; and
(3) subsequently complies with IC 3-7-33-4.5 before the close of the polls on election
day.
(b) Immediately after the close of the polls the inspector shall deliver the affidavit to the
county election board. After the final date and hour for filing a recount or contest and the
county election board has completed the county election board's canvas of the returns, the
county election board shall forward the affidavits to the prosecuting attorney for the county
under section 2 of this chapter. The prosecuting attorney for the county shall:
(1) proceed as if the affidavit had been made before the prosecuting attorney; and
(2) ensure that the grand jury notifies the NVRA official under section 2 of this chapter
if a violation of NVRA appears to have occurred.
As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.90; P.L.2-1996, SEC.207;
P.L.3-1997, SEC.407; P.L.230-2005, SEC.66; P.L.157-2019, SEC.38.

IC 3-14-5-2 Affidavits; packaging, sealing, endorsing, and delivery to

grand jury; inquiry by grand jury; preservation and return of
affidavits by prosecuting attorney
Sec. 2. (a) Each precinct election board shall, at the close of the polls, place any affidavit
prescribed by IC 3-10-1-9 to challenge the party affiliation of a person wishing to cast a
ballot in a primary election in a strong paper bag or envelope and securely seal it. Each
member shall endorse that member's name on the back of the bag or envelope.
(b) Each precinct election board shall, at the close of the polls, place any affidavit other
than an affidavit described in subsection (a) that is challenging the eligibility of a person who
has offered to vote at a primary election in a strong paper bag or envelope and securely seal
it. Each member shall endorse that member's name on the back of the bag or envelope.
(c) The inspector and judge of the opposite political party shall deliver the sealed bags
or envelopes to the county election board. The county election board shall do the following:
(1) Remove the affidavits from the bag or envelope.
(2) Mail a copy of each affidavit to the secretary of state.
(3) Replace the affidavits within the bag or envelope.
(4) Reseal the bag or envelope with the endorsement of the name of each county
election board member on the back of the bag or envelope.
(5) Carefully preserve the resealed bag or envelope and deliver it, with the county

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 election board's seal unbroken, to the foreman of the grand jury when next in session.
(d) The grand jury shall inquire into the truth or falsity of the affidavits, and the court
having jurisdiction over the grand jury shall specially charge the jury as to its duties under
this section.
(e) The grand jury shall file a report of the result of its inquiry with:
(1) the court; and
(2) the NVRA official if a violation of NVRA appears to have occurred.
(f) The prosecuting attorney shall preserve the affidavits and envelopes in accordance
with IC 3-10-1-31.1, and shall return the affidavits and envelopes to the circuit court clerk
after the prosecuting attorney has completed any proceeding resulting from the investigation
of the affidavits and envelopes.
As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.91; P.L.2-1996, SEC.208;
P.L.3-1997, SEC.408; P.L.230-2005, SEC.67; P.L.157-2019, SEC.39; P.L.227-2023,
SEC.132.

IC 3-14-5-3 Duty to report violations to prosecuting attorney and violator;

presentation to grand jury
Sec. 3. (a) This section does not apply to a violation of NVRA or IC 3-7.
(b) The commission and each county election board shall report a violation of this title
as a felony or misdemeanor to the appropriate prosecuting attorney and the alleged violator.
(c) The commission and boards may have the report transmitted and presented to the
grand jury of the county in which the violation was committed at its first session after making
the report and at subsequent sessions that may be required. The commission and boards shall
furnish the grand jury any evidence at their command necessary in the investigation and
prosecution of the violation.
As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.92; P.L.2-1996, SEC.209;
P.L.81-2005, SEC.31.

IC 3-14-5-4 Prosecution of violators

Sec. 4. In addition to the duties prescribed by IC 33-39, the prosecuting attorney of each
circuit shall prosecute each resident of the circuit who the prosecutor believes has violated
IC 3-14-1-7, IC 3-14-1-10, IC 3-14-1-13, IC 3-14-1-14, or IC 3-14-1-14.5 in any circuit of
the state.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1995, SEC.137; P.L.3-1997, SEC.409;
P.L.98-2004, SEC.45.

IC 3-14-5-5 Indictment or information; allegations

Sec. 5. When an election offense is committed, an indictment or information for the
offense is sufficient if it alleges that the election was authorized by law without stating the
names of the officers holding the election, the candidates voted for, or the offices filled at the
election.
As added by P.L.5-1986, SEC.10.

IC 3-14-5-6 Criminal prosecutions; self-incrimination defense not available

to witness
Sec. 6. In a criminal prosecution for violation of IC 3-14-1-7, IC 3-14-1-10, IC 3-14-1-13,
IC 3-14-1-14, or IC 3-14-1-14.5, a witness, except the person who is accused and on trial,
may not be excused from answering a question or producing a book, paper, or other thing on
the ground that the witness' answer or the thing to be produced may tend to incriminate the
witness or render the witness liable to a penalty. However, the witness' answer or the thing
produced by the witness may not be used in a proceeding against the witness, except in a
prosecution for perjury in so testifying.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1995, SEC.138; P.L.3-1997, SEC.410.

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IC 3-14-5-7 Informants; immunity
Sec. 7. If a person who has given or received money or other property to or from another
person for the purpose of influencing any voter's vote at an election informs upon and
testifies against the person receiving or giving the money in a criminal prosecution, the
person informing and testifying may not be prosecuted in connection with the transaction.
As added by P.L.5-1986, SEC.10.

IC 3-14-5-8 Employment sanctions for a person convicted of a vote fraud

felony or class A misdemeanor; remedies if conviction is
reversed, vacated, or set aside; injunctions; civil penalties
Sec. 8. (a) As used in this section, "governmental entity" refers to any of the following:
(1) A city.
(2) A town.
(3) An agency of a governmental entity referred to in any of subdivisions (1) through
(2).
(b) As used in this section, "date of conviction" refers to the date when:
(1) in a jury trial, a jury publicly announces a verdict against a person for a felony or
Class A misdemeanor;
(2) in a bench trial, the court publicly announces a verdict against a person for a felony
or Class A misdemeanor; or
(3) in a guilty plea hearing, a person pleads guilty or nolo contendere to a felony or
Class A misdemeanor.
(c) A person who is convicted under IC 3-14-2 of a felony or Class A misdemeanor that
relates to an election for an office for a governmental entity shall not:
(1) continue employment with;
(2) obtain future employment with;
(3) contract with; or
(4) be a subcontractor under a contract with;
any governmental entity for twenty (20) years after the date of conviction.
(d) For twenty (20) years after the person's date of conviction, a governmental entity may
not:
(1) employ;
(2) offer employment to;
(3) contract with; or
(4) maintain a contractual relationship when a subcontractor is;
a person who is convicted under IC 3-14-2 of a felony or Class A misdemeanor that relates
to an election for an office for any governmental entity.
(e) If:
(1) a person was employed by a governmental entity;
(2) the person was convicted under IC 3-14-2 of a felony or Class A misdemeanor
relating to an election for an office for a governmental entity;
(3) the person's employment with the governmental entity was discontinued under
subsection (c) or (d); and
(4) the person's conviction is reversed, vacated, or set aside;
the governmental entity shall reemploy the person in the same position the person held before
the person's conviction or in another position equivalent in benefits, pay, and working
conditions to the position the person held before the person's conviction, and the person is
entitled to receive any salary or other remuneration that the person would have received if
the person's employment had not been discontinued under subsection (c) or (d).
(f) The attorney general may petition a court with jurisdiction for an injunction against
a person who violates subsection (c) or a governmental entity that violates subsection (d).
(g) The attorney general may petition a court with jurisdiction to impose a civil penalty
of not more than one thousand dollars ($1,000) on a person who violates subsection (c).

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As added by P.L.164-2006, SEC.134. Amended by P.L.109-2015, SEC.2; P.L.233-2015,
SEC.3.

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IC 3-14-6 Chapter 6. Election Profiteering

3-14-6-1 Repealed
3-14-6-1.1 Grant of request for voter information to be used in prohibited manner; second
or subsequent offense
3-14-6-2 Use of voter registration information for solicitation; infraction; misdemeanor

IC 3-14-6-1 Repealed
As added by P.L.13-1992, SEC.4. Amended by P.L.12-1995, SEC.93; P.L.8-1995, SEC.66;
P.L.2-1996, SEC.210; P.L.3-1997, SEC.411; P.L.209-2003, SEC.194. Repealed by
P.L.164-2006, SEC.143.

IC 3-14-6-1.1 Grant of request for voter information to be used in prohibited

manner; second or subsequent offense
Sec. 1.1. (a) A person who grants a request for voter registration information under
IC 3-7-26.3 or IC 3-7-27 with knowledge that the information will be used in a manner
prohibited by IC 3-7-26.3 or IC 3-7-27 commits a Class B infraction.
(b) A person who has previously received a judgment for committing an infraction under
this section and knowingly, intentionally, or recklessly violates this section a second or
subsequent time commits a Level 6 felony.
As added by P.L.209-2003, SEC.195. Amended by P.L.164-2006, SEC.135; P.L.158-2013,
SEC.56; P.L.109-2015, SEC.3.

IC 3-14-6-2 Use of voter registration information for solicitation;

infraction; misdemeanor
Sec. 2. (a) This section does not apply to:
(1) political activities; or
(2) political fundraising activities.
(b) A person who uses voter registration information obtained under IC 3-7-26.3 or
IC 3-7-27 to solicit the sale of merchandise, goods, services, or subscriptions commits a
Class B infraction.
(c) The court shall:
(1) keep a record; and
(2) send a copy of the record to the prosecuting attorney of the county in which the
infraction proceeding was tried;
of a judgment for an infraction proceeding tried under this section.
(d) A person who:
(1) has previously received a judgment for committing an infraction under this section;
and
(2) knowingly or intentionally uses voter registration information in violation of this
section;
commits a Class A misdemeanor.
As added by P.L.13-1992, SEC.4. Amended by P.L.12-1995, SEC.94; P.L.3-1997, SEC.412;
P.L.209-2003, SEC.196; P.L.164-2006, SEC.136.

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