CHAPTER 4. GENERAL PROCEDURES FOR COUNTIES
IC 3-11.5-4
Chapter 4. General Procedures for Counties
IC 3-11.5-4-1
Circuit court clerk records and certification
Sec. 1. Each circuit court clerk shall do the following:
(1) Keep a separate absentee ballot record for each precinct in
the county.
(2) 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:
(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.
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 is defective and ordered corrected under IC 3-11-2-16 or
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.
(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 another set of ballots, the absentee voter must present a
written request for another set of ballots from the circuit court clerk.
(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.
IC 3-11.5-4-3
Time for receipt of ballots
Sec. 3. A county election board must receive an absentee ballot
before noon on election day.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-4-4
Refusal of ballots 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 rejected this ballot because the signature of this voter is
not genuine.".
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended
by P.L.126-2002, SEC.79.
IC 3-11.5-4-5
Treatment of submitted ballot found genuine
Sec. 5. 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. 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.
IC 3-11.5-4-6
Secure keeping of ballots
Sec. 6. Each circuit court clerk shall keep all accepted ballot
envelopes securely in the clerk's office until the ballot envelopes are
opened by absentee ballot counters in accordance with this chapter.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-4-7
Acceptance of posted absentee ballots
Sec. 7. Not later than noon 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.
IC 3-11.5-4-8
Certification of voter names; delivery of certificates
Sec. 8. (a) 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.
(b) The county election board shall have:
(1) the certificates described in subsection (a); 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.
(c) 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.
IC 3-11.5-4-9
Marking of poll list indication of absentee voters; disposition of
certificate materials
Sec. 9. (a) 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.
(2) Attach the certificates of voters who have registered and
voted under IC 3-7-36-14 to the poll list.
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.
(b) If a person listed in the certificate has voted in person at the
polls before the delivery of the certificate, the inspector shall initial
the voter's name on the certificate in the presence of both poll clerks.
The poll clerks shall sign the statement printed on the certificate
supplied under section 1 of this chapter indicating that the inspector
initialed the names of voters under this subsection in the presence of
both poll clerks.
(c) The inspector shall then deposit:
(1) the certificate prepared under section 1 of this chapter;
(2) the certificate prepared under section 8 of this chapter; and
(3) any challenge affidavit executed by a qualified person under
section 16 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.
IC 3-11.5-4-10
Late receipt of ballots
Sec. 10. Subject to section 7 of this chapter, absentee ballots
received by mail (or by fax or electronic mail under IC 3-11-4-6)
after noon 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, SEC.83; P.L.198-2005, SEC.12.
IC 3-11.5-4-11
Rejected ballots; exceptions to rejection
Sec. 11. 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 application with the
signature upon the affidavit on the ballot envelope or
transmitted affidavit.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended
by P.L.126-2002, SEC.84.
IC 3-11.5-4-12
Acceptance of initially rejected ballot; procedure; treatment of
certain ballots as provisional ballots
Sec. 12. (a) 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;
(5) the absentee voter has not voted in person at the election;
and
(6) 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.
(b) If the absentee ballot counters find under subsection (a) 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 (a) apply, the
absentee ballot shall be processed as a provisional ballot under
IC 3-11.7.
(c) 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
(a) 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.
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.
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.
(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 not supported.
(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) The absentee ballot counters or county election board shall
issue a certificate to a voter whose ballot has been 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.
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) 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.
(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) 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.
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) If a proper affidavit by a qualified person in the form required
by IC 3-11-8-22.1 is made that would entitle the absentee voter to
vote if the absentee voter had personally appeared, the couriers shall
return the affidavit to the county election board in the same envelope
as the certificate returned under section 9 of this chapter.
(e) The absentee ballot cast by the challenged voter shall be
counted if the county election board makes the findings required
under section 11 of this chapter.
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.
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
Unreturned absentee ballot of voter voting in person
Sec. 18. If a voter has not returned an absentee ballot, the voter
may vote in person. However, before the voter may vote, the voter
must return the ballot to the county election board. The absentee
ballot shall be marked "canceled" and preserved with the rejected
ballots.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-4-19
Returned absentee ballot of voter voting in person before marking
of poll list
Sec. 19. If a voter has marked and returned an absentee ballot but
appears in person at the precinct before the inspector has marked 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
issued under section 9 of this chapter or section 1 of this chapter,
then the voter may request a new ballot, which the voter may vote as
any other voter voting in person.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
IC 3-11.5-4-20
Absentee voter wishing to vote in person after poll list is marked
Sec. 20. If the inspector has marked the poll list to indicate that
the absentee ballot cast by the voter has been received by the county
election board, 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.
IC 3-11.5-4-21
Voter appearing in person who has cast rejected absentee ballot
Sec. 21. If an envelope containing an 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.
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 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.
(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 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, 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.
IC 3-11.5-4-23
Political party notice of number of appointees; recommendations
for appointments
Sec. 23. (a) Not later than noon ten (10) days before absentee
voting begins under IC 3-11-10-26, 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 noon
three (3) days before absentee voting begins under IC 3-11-10-26.
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.
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.
IC 3-11.5-4-24
Poll list; inspector duties
Sec. 24. (a) 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.
(b) 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 (a)(2);
under this section in the presence of both poll clerks.
(c) 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.
IC 3-11.5-4-25
Repealed
(Repealed by P.L.126-2002, SEC.93.)
IC 3-11.5-4-26
Repealed
(Repealed by P.L.126-2002, SEC.93.)
IC 3-11.5-4-27
Repealed
(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.