IC 3TITLE 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REPEALED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REPEALED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REPEALED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 AT A CENTRAL LOCATION
           Art. 11.7.PROVISIONAL VOTING
           Art. 12.ASCERTAINING RESULTS OF ELECTIONS
           Art. 13.VACANCIES
           Art. 14.OFFENSES

 

IC 3-1ARTICLE 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 REPEALED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Repealed by P.L.5-1986, SEC.61.

 

IC 3-2ARTICLE 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 REPEALED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Repealed by P.L.5-1986, SEC.61.

 

IC 3-3ARTICLE 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Repealed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Repealed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Repealed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.Indiana Congressional Districts, 2011 Plan

 

IC 3-3-1Chapter 1. Repealed

Repealed by Acts 1981, P.L.18, SEC.6.

 

IC 3-3-1.1Chapter 1.1. Repealed

Repealed by P.L.240-1991(ss2), SEC.124.

 

IC 3-3-2Chapter 2. Redistricting Commission
           3-3-2-1General assembly; redistricting session
           3-3-2-2Redistricting commission; establishment; meetings

 

IC 3-3-2-1General 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 3-3-2-2Redistricting commission; establishment; meetings

     Sec. 2. (a) 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.

     (b) 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.

     (c) 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 his 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.

 

IC 3-3-3Chapter 3. Repealed

Repealed by P.L.215-2011, SEC.3.

 

IC 3-3-4Chapter 4. General Provisions Relating to Establishing Congressional Districts
           3-3-4-1Terms and references to geographic units
           3-3-4-2"District"
           3-3-4-3"GIS"
           3-3-4-4"Office"
           3-3-4-5Resolution of inconsistent inclusions in congressional districts
           3-3-4-6Treatment of geographic slivers
           3-3-4-7Office modifications to GIS
           3-3-4-8Maintenance of census descriptions and maps
           3-3-4-9Incorporation of census reports and documents

 

IC 3-3-4-1Terms 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 2010 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.

 

IC 3-3-4-2"District"

     Sec. 2. As used in this chapter, "district" refers to a district described in IC 3-3-5.

As added by P.L.215-2011, SEC.1.

 

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 2010 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.

 

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 3-3-4-5Resolution 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 2010 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 IC 3-3-5, whichever is applicable;

(2) is contiguous to the part; and

(3) contains the least population according to the 2010 decennial census of Indiana.

     (c) If any part of Indiana:

(1) is described in IC 3-3-5 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 2010 decennial census of Indiana.

As added by P.L.215-2011, SEC.1.

 

IC 3-3-4-6Treatment 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 3-3-4-7Office 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 3-3-4-8Maintenance 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 2010 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.

 

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

     Sec. 9. The official report and all official documents relating to the report of the 2010 decennial census are incorporated by reference into this article.

As added by P.L.215-2011, SEC.1.

 

IC 3-3-5Chapter 5. Indiana Congressional Districts, 2011 Plan
           3-3-5-1First Congressional District
           3-3-5-2Second Congressional District
           3-3-5-3Third Congressional District
           3-3-5-4Fourth Congressional District
           3-3-5-5Fifth Congressional District
           3-3-5-6Sixth Congressional District
           3-3-5-7Seventh Congressional District
           3-3-5-8Eighth Congressional District
           3-3-5-9Ninth Congressional District
           3-3-5-102001 congressional district plan void

 

IC 3-3-5-1First Congressional District

     Sec. 1. The First Congressional District consists of the following:

COUNTIES:

Lake County, Porter County

LaPorte County TOWNSHIPS:

Cass, Clinton, Coolspring, Dewey, Michigan, New Durham, Springfield

LaPorte County CENSUS BLOCKS:

180910417002047, 180910417002039, 180910417002069, 180910417002016, 180910417002031, 180910417002033, 180910417002042, 180910417002067, 180910417002038, 180910417002018, 180910417002015, 180910417002008, 180910417002014, 180910417002017, 180910417002029, 180910417002032, 180910417002003, 180910417002009, 180910417002036, 180910417002044, 180910417002041, 180910417002046, 180910417002051, 180910417002012, 180910417002005, 180910417002007, 180910417002068, 180910417002043, 180910417002002, 180910417002004, 180910417002006, 180910417002026, 180910417002028, 180910417002013, 180910417002001, 180910417002045, 180910417002037, 180910417002025, 180910417002040, 180910417002027, 180910417002000

As added by P.L.215-2011, SEC.2.

 

IC 3-3-5-2Second 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

Kosciusko County TOWNSHIPS:

Clay, Etna, Franklin, Harrison, Jefferson, Lake, Prairie, Scott, Seward, Turkey Creek, Van Buren

LaPorte County TOWNSHIPS:

Center, Hanna, Hudson, Johnson, Kankakee, Lincoln, Noble, Pleasant, Prairie, Scipio, Union, Washington, Wills

Kosciusko County CENSUS BLOCKS:

180859613002008

LaPorte County CENSUS BLOCKS:

180910417001008, 180910418001020, 180910417001054, 180910417001061, 180910417001007, 180910417001041, 180910417001047, 180910417001044, 180910418001047, 180910417001017, 180910417001051, 180910417001009, 180910418002004, 180910417001040, 180910417001052, 180910417001062, 180910417002022, 180910418003012, 180910417001020, 180910417001039, 180910417001038, 180910417001058, 180910417002054, 180910417001005, 180910418003008, 180910417001057, 180910417001013, 180910417001059, 180910418001024, 180910417001034, 180910417001055, 180910417001053, 180910418001023, 180910417001043, 180910417001048, 180910417001018, 180910417002030, 180910418001044, 180910418001026, 180910418001025, 180910418001049, 180910418001043, 180910417001006, 180910417001019, 180910417002034, 180910418002012, 180910418003032, 180910418003033, 180910417001016, 180910418002003, 180910418001045, 180910418001027, 180910418001041, 180910418001022, 180910418001048, 180910417001065, 180910417001046, 180910417001045, 180910417001015, 180910417002021, 180910417002023, 180910418001021, 180910418002001, 180910418002011, 180910417001011, 180910418002002, 180910418001042, 180910417001010, 180910417001050, 180910417001066, 180910417001042, 180910417001067, 180910417001060, 180910418002000, 180910418001040, 180910417001049, 180910417001012, 180910418003007, 180910417002035, 180910418002005, 180910418001046, 180910418001080, 180910417001056, 180910417001014

As added by P.L.215-2011, SEC.2.

 

IC 3-3-5-3Third Congressional District

     Sec. 3. The Third Congressional District consists of the following:

COUNTIES:

Adams County, Allen County, DeKalb County, Huntington County, Jay County, LaGrange County, Noble County, Steuben County, Wells County, Whitley County

Blackford County TOWNSHIPS:

Harrison

Kosciusko County TOWNSHIPS:

Jackson, Monroe, Tippecanoe, Washington, Wayne

Kosciusko County PRECINCTS:

PLAIN 01, PLAIN 03, PLAIN 04, PLAIN 05 CITY OF WARSAW

Blackford County CENSUS BLOCKS:

180099751003033, 180099751003086, 180099751003085, 180099751003034, 180099751003061, 180099751003068, 180099751003035, 180099751003064, 180099751003022, 180099751003004, 180099751003028, 180099751003025, 180099751003001, 180099751003091, 180099751003109, 180099751003055, 180099751003062, 180099751003107, 180099751003083, 180099751003060, 180099751003031, 180099751003092, 180099751003003, 180099751003020, 180099751003088, 180099751003084, 180099751003067, 180099751003037, 180099751003023, 180099751003094, 180099751003021, 180099751003000, 180099751003081, 180099751003065, 180099751003096, 180099751003095, 180099751003016, 180099751003027, 180099751003036, 180099751003058, 180099751003030, 180099751003063, 180099751003024, 180099751003059, 180099751003066, 180099751003005, 180099751003029, 180099751003017, 180099751003082, 180099751003087, 180099751003032, 180099751003079, 180099751003090, 180099751003080, 180099751003019, 180099751003002, 180099751003006, 180099751003018, 180099751003106, 180099751003089, 180099751003093

Kosciusko County CENSUS BLOCKS:

180859612004016, 180859613002009, 180859613003037, 180859613002094, 180859613002090, 180859613002060, 180859613002087, 180859613002084, 180859613002075, 180859613002072, 180859612004024, 180859612004023, 180859613002047, 180859613002074, 180859613002077, 180859613002068, 180859613002040, 180859613002054, 180859613002010, 180859613002012, 180859613002065, 180859613002045, 180859613002051, 180859612004011, 180859613002048, 180859612004012, 180859612004013, 180859612004015, 180859613002089, 180859613002007, 180859613002081, 180859613002046, 180859613002011, 180859613002062, 180859613002073, 180859612004022, 180859612004018, 180859613002055, 180859612004017, 180859613002091, 180859613002005, 180859613002052, 180859612004064, 180859612004006, 180859613002038, 180859612004010, 180859612004021, 180859613002080, 180859612004036, 180859613002076, 180859612004009, 180859613002058, 180859613002093, 180859613002061, 180859613002006, 180859613002050, 180859613002066, 180859613002086, 180859613002070, 180859613002095, 180859613002082, 180859612004008, 180859613002085, 180859613002079, 180859613002057, 180859613002083, 180859612004007, 180859613002063, 180859613002067, 180859613002097, 180859613002078, 180859613002059, 180859612004020, 180859613002092, 180859613002053, 180859612004000, 180859613002043, 180859612004019, 180859613002088, 180859613002003, 180859613002064, 180859613002044, 180859613002071, 180859613002049, 180859613002056, 180859613002069, 180859613002039, 180859613002004

As added by P.L.215-2011, SEC.2.

 

IC 3-3-5-4Fourth Congressional District

     Sec. 4. The Fourth Congressional District consists of the following:

COUNTIES:

Benton County, Carroll County, Cass County, Clinton County, Fountain County, Hendricks County, Jasper County, Montgomery County, Newton County, Putnam County, Tippecanoe County, Warren County, White County

Boone County TOWNSHIPS:

Center, Clinton, Harrison, Jackson, Jefferson, Perry, Sugar Creek, Washington, Worth

Howard County TOWNSHIPS:

Center, Clay, Ervin, Harrison, Honey Creek, Monroe

Morgan County TOWNSHIPS:

Adams, Brown, Gregg, Monroe

Howard County PRECINCTS:

HOWARD 02, PRECINCT 16 NV, PRECINCT 57, TAYLOR 01, TAYLOR 03, TAYLOR 04, TAYLOR 05

Morgan County PRECINCTS:

ASHLAND 01

Howard County CENSUS BLOCKS:

180670102003056, 180670102003037, 180670102003046, 180670102003014, 180670102003013, 180670102003016, 180670102003055, 180670102003036, 180670102003045, 180670102003015

Morgan County CENSUS BLOCKS:

181095110003086, 181095110003055, 181095110003083, 181095110003087, 181095110003080, 181095110003079, 181095110003054, 181095110003085, 181095110002033, 181095110003052, 181095110003082, 181095110003053, 181095110002046

As added by P.L.215-2011, SEC.2.

 

IC 3-3-5-5Fifth Congressional District

     Sec. 5. The Fifth Congressional District consists of the following:

COUNTIES:

Grant County, Hamilton County, Madison County, Tipton County

Blackford County TOWNSHIPS:

Jackson, Licking

Boone County TOWNSHIPS:

Eagle, Marion, Union

Howard County TOWNSHIPS:

Jackson, Liberty, Union

Howard County PRECINCTS:

TAYLOR 02, TAYLOR 06

Marion County PRECINCTS:

20-001, 20-002, 21-001, 21-002, 21-003, 21-004, 21-005, 21-006, 21-007, 21-008, 21-009, 21-010, 21-011, 21-012, 21-013, 21-014, 22-001, 22-002, 22-006, LA001, LA002, LA003, LA004, LA005, LA006, LA007, LA008, LA009, LA010, LA011, LA012, LA013, LA014, LA015, LA016, LA017, LA018, LA019, LA020, LA021, LA022, LA023, LA024, LA025, LA026, LA027, LA028, LA029, LA030, LA031, LA032, LA033, LA034, LA035, LA036, LA037, LA038, LA039, LA042, LA044, LA045, LA046, PK001, PK002, PK003, PK004, PK005, PK006, PK007, PK008, PK009, PK010, PK011, PK012, PK013, PK014, PK015, PK016, PK017, PK018, PK029, PK030, PK031, PK032, WS001, WS002, WS003, WS004, WS005, WS006, WS007, WS008, WS009, WS010, WS011, WS012, WS013, WS014, WS015, WS016, WS017, WS018, WS019, WS020, WS021, WS022, WS023, WS024, WS025, WS026, WS027, WS028, WS029, WS030, WS031, WS032, WS033, WS034, WS035, WS036, WS039, WS040, WS041, WS044, WS048, WS051, WS052, WS053, WS054, WS055, WS056, WS057, WS058, WS059, WS060, WS061, WS066

Blackford County CENSUS BLOCKS:

180099751003044, 180099751003008, 180099751003070, 180099751003056, 180099751003014, 180099751003013, 180099751003073, 180099751003046, 180099751003049, 180099751003050, 180099751003102, 180099751003069, 180099751003015, 180099751003038, 180099751003047, 180099751003054, 180099751003077, 180099751003105, 180099751003101, 180099751003007, 180099751003074, 180099751003078, 180099751003104, 180099751003097, 180099751003071, 180099751003057, 180099751003100, 180099751003098, 180099751003043, 180099751003012, 180099751003103, 180099751003048, 180099751003072, 180099751003011, 180099751003051, 180099751003026, 180099751003041, 180099751003075, 180099751003040, 180099751003009, 180099751003042, 180099751003053, 180099751003108, 180099751003039, 180099751003045, 180099751003010, 180099751003076, 180099751003099, 180099751003052

Howard County CENSUS BLOCKS:

180670102003030, 180670102005000, 180670102003058, 180670102003029, 180670102003020, 180670102003018, 180670102005004, 180670102003060, 180670102003033, 180670102003059, 180670102003034, 180670102005003, 180670102005010, 180670102003044, 180670102003035, 180670102005002, 180670102003032, 180670102003043, 180670102003031, 180670102005001, 180670102003054, 180670013001018, 180670102003017, 180670013001000, 180670102003019, 180670013001019

Marion County CENSUS BLOCKS:

180973223001012, 180973223002003, 180973223002012, 180973223001010, 180973223002010, 180973223001013, 180973223001011, 180973223001017, 180973223001014, 180973223002011

As added by P.L.215-2011, SEC.2.

 

IC 3-3-5-6Sixth Congressional District

     Sec. 6. The Sixth Congressional District consists of the following:

COUNTIES:

Bartholomew County, Dearborn County, Decatur County, Delaware County, Fayette County, Franklin County, Hancock County, Henry County, Jefferson County, Jennings County, Ohio County, Randolph County, Ripley County, Rush County, Shelby County, Switzerland County, Union County, Wayne County

Scott County TOWNSHIPS:

Jennings, Johnson

Scott County PRECINCTS:

LEXINGTON 01

Scott County CENSUS BLOCKS:

181439671001051, 181439671001049, 181439671002012, 181439671001052, 181439671002019, 181439671002041, 181439671002018, 181439671001046, 181439671001044, 181439671002010, 181439671002036, 181439671002085, 181439671004012, 181439671002014, 181439671002034, 181439671002069, 181439671002016, 181439671001008, 181439671002020, 181439671001048, 181439671001009, 181439671002042, 181439671002086, 181439671001050, 181439671001040, 181439671002035, 181439671002071, 181439671001041, 181439671002022, 181439671002011, 181439671004040, 181439671002087, 181439671004013, 181439671001055, 181439671002073, 181439671002039, 181439671002040, 181439671002021, 181439671002043, 181439671002072, 181439671001045, 181439671002074, 181439671002070, 181439671004014, 181439671002075, 181439671001023, 181439671004015, 181439671002023, 181439671002038, 181439671002037, 181439671002013, 181439671002017, 181439671002015, 181439671001047

As added by P.L.215-2011, SEC.2.

 

IC 3-3-5-7Seventh Congressional District

     Sec. 7. The Seventh Congressional District consists of the following:

Marion County TOWNSHIPS:

Center, Decatur, Franklin, Perry, Warren, Wayne

Marion County PRECINCTS:

20-003, 20-004, 20-005, 20-006, 20-007, 20-008, 20-009, 20-010, 20-011, 20-012, 22-003, 22-005, 22-007, 22-008, 22-009, 27-001, 27-002, 27-003, 27-004, 27-005, 27-006, 27-007, 27-008, 27-009, 27-010, 27-011, 27-012, 27-013, 27-014, 27-015, 27-016, 31-001, 31-002, 31-003, 31-004, 32-001, 32-002, 32-003, LA040, LA041, LA043, LA047, LA048, LA049, LA050, LA051, LA052, LA053, LA054, LA055, LA056, LA057, LA058, PK019, PK020, PK021, PK022, PK023, PK024, PK025, PK026, PK027, PK028, PK033, PK034, PK035, PK036, PK037, PK038, PK039, PK040, PK041, PK042, PK043, PK044, PK045, PK046, WS037, WS038, WS042, WS043, WS045, WS046, WS047, WS049, WS050, WS062, WS063, WS064, WS065

Marion County CENSUS BLOCKS:

180973222001001, 180973222001002, 180973223001016, 180973222002003, 180973223002001, 180973222002002, 180973222002001, 180973223001015, 180973222001000, 180973222002000, 180973222001003, 180973223002002, 180973223002000

As added by P.L.215-2011, SEC.2.

 

IC 3-3-5-8Eighth Congressional District

     Sec. 8. The Eighth Congressional District consists of the following:

COUNTIES:

Clay County, Daviess County, Dubois County, Gibson County, Greene County, Knox County, Martin County, Owen County, Parke County, Perry County, Pike County, Posey County, Spencer County, Sullivan County, Vanderburgh County, Vermillion County, Vigo County, Warrick County

Crawford County TOWNSHIPS:

Boone

Crawford County PRECINCTS:

OHIO 02, PATOKA 02, UNION 02

Crawford County CENSUS BLOCKS:

180259520002059, 180259520002037, 180259520002041, 180259520002130, 180259520002111, 180259520002136, 180259520002133, 180259520002106, 180259520002091, 180259520002039, 180259520002103, 180259520002048, 180259520002053, 180259520002124, 180259520002100, 180259520002102, 180259520002134, 180259520002109, 180259520002112, 180259520002115, 180259520002110, 180259520002140, 180259520002045, 180259520002095, 180259520002094, 180259520002035, 180259520002050, 180259520002054, 180259520002043, 180259520002056, 180259520002052, 180259520002139, 180259520002127, 180259520002051, 180259520002099, 180259520002135, 180259520002092, 180259520002146, 180259520002132, 180259520002125, 180259520002040, 180259520002147, 180259520002107, 180259520002058, 180259520002049, 180259520002044, 180259520002123, 180259520002036, 180259520002108, 180259520002096, 180259520002042, 180259520002101, 180259520002117, 180259520002116, 180259520002119, 180259520002137, 180259520002055, 180259520002093, 180259520002128, 180259520002098, 180259520002060, 180259520002105, 180259520002104, 180259520002118, 180259520002131, 180259520002113, 180259520002126, 180259520002138, 180259521002052, 180259520002057, 180259521002051, 180259520002038, 180259520002114, 180259520002090

As added by P.L.215-2011, SEC.2.

 

IC 3-3-5-9Ninth Congressional District

     Sec. 9. The Ninth Congressional District consists of the following:

COUNTIES:

Brown County, Clark County, Floyd County, Harrison County, Jackson County, Johnson County, Lawrence County, Monroe County, Orange County, Washington County

Crawford County TOWNSHIPS:

Jennings, Liberty, Sterling, Whiskey Run

Morgan County TOWNSHIPS:

Baker, Clay, Green, Harrison, Jackson, Jefferson, Madison, Ray, Washington

Scott County TOWNSHIPS:

Finley, Vienna

Crawford County PRECINCTS:

OHIO 01, PATOKA 01, UNION 01

Crawford County CENSUS BLOCKS:

180259520002097, 180259520002047, 180259520002046

Morgan County CENSUS BLOCKS:

181095110003003, 181095104013060, 181095110003045, 181095110003022, 181095110003021, 181095110003048, 181095110002042, 181095110002036, 181095110003005, 181095110003047, 181095110002041, 181095110002016, 181095110003051, 181095110003043, 181095110002017, 181095110002040, 181095110002037, 181095110003044, 181095110002039, 181095110003049, 181095110002015, 181095110003000, 181095110003050, 181095110003046, 181095110003042, 181095110003041, 181095110002035, 181095110003002, 181095110003001, 181095110003084, 181095110003081, 181095110003004, 181095110002034, 181095110002038

Scott County CENSUS BLOCKS:

181439671002052, 181439671002024, 181439671002044, 181439671002062, 181439671002045, 181439671002063

As added by P.L.215-2011, SEC.2.

 

IC 3-3-5-102001 congressional district plan void

     Sec. 10. Beginning November 6, 2012, the 2001 Congressional District Plan:

(1) adopted by the redistricting commission under IC 3-3-2; and

(2) published in the governor's executive order 01-11 in the Indiana Register at 24 IR 3293-3298;

is void.

As added by P.L.215-2011, SEC.2.

 

IC 3-4ARTICLE 4. REPEALED

Repealed by P.L.5-1986, SEC.61.

 

IC 3-5ARTICLE 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

 

IC 3-5-1Chapter 1. Applicability; Types of Elections
           3-5-1-0.3P.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
           3-5-1-0.4General assembly may preserve background materials related to P.L.5-1986
           3-5-1-1Public officials or public questions; application
           3-5-1-2Types of elections

 

IC 3-5-1-0.3P.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 3-5-1-0.4General 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 3-5-1-1Public officials or public questions; application

     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.

 

IC 3-5-1-2Types 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.

 

IC 3-5-2Chapter 2. Definitions
           3-5-2-1Application of definitions
           3-5-2-1.5"Absent uniformed services voter"
           3-5-2-1.7"Active voter"
           3-5-2-2"Automatic tabulating machine"
           3-5-2-2.5"Auxiliary party organization"
           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"
           3-5-2-5.5"Bona fide political party"
           3-5-2-6"Candidate"
           3-5-2-7"Candidate's committee"
           3-5-2-7.5"Caucus"
           3-5-2-8"Central committee"
           3-5-2-8.7Repealed
           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"
           3-5-2-16"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"
           3-5-2-21.5Repealed
           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"
           3-5-2-26.2"HAVA"
           3-5-2-26.4"Inhabitant"
           3-5-2-26.5Repealed
           3-5-2-26.6"Independent"
           3-5-2-26.7"Individual with a nontraditional residence"
           3-5-2-26.8"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"
           3-5-2-32.5Repealed
           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"
           3-5-2-35Repealed
           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"
           3-5-2-41.5Repealed
           3-5-2-41.6Repealed
           3-5-2-41.7"Registration agency"
           3-5-2-42"Regular party committee"
           3-5-2-42.5"Residence"
           3-5-2-43Repealed
           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"
           3-5-2-49.9Expired
           3-5-2-50"Voter"
           3-5-2-50.1"Voter identification number"
           3-5-2-50.2"Voter with disabilities"
           3-5-2-50.4"Voter's bill of rights"
           3-5-2-50.6Repealed
           3-5-2-51"Voting mark"
           3-5-2-52"Voting method"
           3-5-2-53"Voting system"
           3-5-2-54"Write-in candidate"

 

IC 3-5-2-1Application 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 3-5-2-2"Automatic tabulating machine"

     Sec. 2. "Automatic tabulating machine" means:

(1) apparatus necessary to automatically examine and count votes as designated on ballots; and

(2) data processing machines that can be used for counting ballots and tabulating results.

[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.

 

IC 3-5-2-2.5"Auxiliary party organization"

     Sec. 2.5. "Auxiliary party organization" means an organization located within or outside Indiana that:

(1) is affiliated with a political party;

(2) proposes to influence the election of a candidate for state, legislative, local, or school board office, or the outcome of a public question; and

(3) has not:

(A) had an annual budget of five thousand dollars ($5,000) or more in at least one (1) of the last two (2) years; or

(B) made a contribution of more than one thousand dollars ($1,000) to another committee or to a candidate.

As added by P.L.3-1995, SEC.3. Amended by P.L.176-1999, SEC.1.

 

IC 3-5-2-3"Ballot"

     Sec. 3. "Ballot" means:

(1) the paper ballot prepared, printed, and supplied for use at an election;

(2) the ballot label or 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.

 

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:

(1) the printed strip or sheet of cardboard or paper, supplied for use on an electronic voting system, that contains the names of the candidates and the public questions on the ballot; or

(2) the material, supplied for use with a ballot card voting system, that contains those names and questions.

[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.

 

IC 3-5-2-5.5"Bona fide political party"

     Sec. 5.5. "Bona fide political party" means:

(1) a major political party; or

(2) a political party that has:

(A) nominated at least one (1) candidate for political office during the preceding five (5) years;

(B) held a convention; or

(C) raised money and filed the financial reports required by law.

As added by P.L.3-1993, SEC.3.

 

IC 3-5-2-6"Candidate"

     Sec. 6. (a) Except as provided in subsection (b), "candidate" means a person who:

(1) has taken the action necessary to qualify under Indiana law for listing on the ballot at an election or to become a write-in candidate;

(2) has publicly announced or declared candidacy for an elected office; or

(3) otherwise seeks nomination for or election to an elected office, regardless of whether the individual wins election to the office.

     (b) As used in IC 3-9, an individual becomes a "candidate" when the individual, the candidate's committee, or a person acting with the consent of the individual:

(1) receives more than one hundred dollars ($100) in contributions; or

(2) makes more than one hundred dollars ($100) in expenditures.

[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.

[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 3-5-2-8.7Repealed

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.

[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 3-5-2-16"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 established under IC 3-6-5.2 or IC 3-6-5.4.

(3) The office of the circuit court clerk, in a county in which a board has not been established under subdivision (1) or (2).

As added by P.L.3-1997, SEC.7. Amended by P.L.144-2001, SEC.1; P.L.225-2011, SEC.3; P.L.74-2017, SEC.1.

 

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

     Sec. 16.3. (a) "De minimis change", with respect to a certified voting system's hardware, refers to a change to the hardware, the nature of which will not materially alter the system's reliability, functionality, capability, or operation.

     (b) For a hardware change to qualify as a de minimis change, the change must:

(1) maintain, unaltered, the reliability, functionality, capability, and operability of a system; and

(2) ensure that when hardware is replaced, the original hardware and the replacement hardware are electronically and mechanically interchangeable and have identical functionality and tolerances.

     (c) The following are not de minimis changes:

(1) Software and firmware modifications.

(2) The change has reasonable and identifiable potential to affect the system's operation and compliance with applicable voting system standards.

As added by P.L.76-2014, SEC.1.

 

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 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, and documentation 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.

 

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 3-5-2-21.5Repealed

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:

(1) board of county commissioners, for a county that:

(A) does not have a consolidated city; and

(B) is not subject to IC 36-2-2.5;

(2) single county executive elected under IC 3-10-2-13, for a county that:

(A) does not have a consolidated city; and

(B) is subject to IC 36-2-2.5;

(3) mayor of the consolidated city, for a county having a consolidated city;

(4) mayor, for a city;

(5) president of the town council, for a town; or

(6) 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.

 

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:

(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.

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 3-5-2-26.2"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 3-5-2-26.4"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 3-5-2-26.5Repealed

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 the candidate or ticket is not affiliated with any political party.

As added by P.L.3-1993, SEC.4.

 

IC 3-5-2-26.7"Individual with a nontraditional residence"

     Sec. 26.7. "Individual with a nontraditional residence" means a person who:

(1) does not reside in a private residential dwelling or an institutional structure; and

(2) maintains a mobile residence or usually sleeps in a shelter, public area, or public right-of-way.

As added by P.L.12-1995, SEC.3.

 

IC 3-5-2-26.8"Lawful detention"

     Sec. 26.8. "Lawful detention" has the meaning set forth in IC 35-31.5-2-186.

As added by P.L.12-1995, SEC.4. Amended by P.L.114-2012, SEC.4.

 

IC 3-5-2-27"Legislative body"

     Sec. 27. "Legislative body" means the body having the power to adopt county, city, or town ordinances under IC 36-1-3-6.

[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.

 

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. "Marking device" means:

(1) a pencil for marking a paper ballot or ballot card; or

(2) an approved touch-sensitive device that automatically:

(A) registers a vote on an electronic voting system; or

(B) produces a marked optical scan ballot.

[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.

 

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 3-5-2-32.5Repealed

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).

(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.

As added by P.L.239-2001, SEC.3. Amended by P.L.13-2014, SEC.2.

 

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; 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 3-5-2-35Repealed

[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"

     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, or the Indiana National Guard 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.

 

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

     Sec. 40.6. "Provisional ballot" refers to a ballot cast in accordance with the provisions of IC 3-11.7.

As added by P.L.126-2002, SEC.5.

 

IC 3-5-2-40.7"Provisional voter"

     Sec. 40.7. "Provisional voter" refers to an individual who is entitled to cast a provisional ballot under IC 3-11.7.

As added by P.L.126-2002, SEC.6.

 

IC 3-5-2-41"Public question"

     Sec. 41. "Public question" means a constitutional amendment, proposition, or other issue submitted to the electorate at an election.

[Pre-1986 Recodification Citation: 3-1-1-2 part.]

As added by P.L.5-1986, SEC.1.

 

IC 3-5-2-41.5Repealed

As added by P.L.239-2001, SEC.4. Repealed by P.L.221-2005, SEC.145.

 

IC 3-5-2-41.6Repealed

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 3-5-2-43Repealed

[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.

[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 following:

(1) Before January 11, 2025, the governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, superintendent of public instruction, attorney general, justice of the supreme court, judge of the court of appeals, and judge of the tax court.

(2) After January 10, 2025, 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.

 

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 the Army, Navy, Air Force, Marine Corps, and Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.

As added by P.L.3-1997, SEC.15.

 

IC 3-5-2-49.6"United States"

     Sec. 49.6. "United States", as used in section 34.5 of this chapter, means any of the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa.

As added by P.L.3-1997, SEC.16.

 

IC 3-5-2-49.7"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 3-5-2-49.9Expired

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.

 

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 3-5-2-50.4"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 3-5-2-50.6Repealed

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 ✓) 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;

(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 3-5-2-54"Write-in candidate"

     Sec. 54. "Write-in candidate" means a candidate:

(1) who has filed a declaration of intent to be a write-in candidate; and

(2) whose declaration of intent to be a write-in candidate has been accepted by the appropriate authority under IC 3-8-2-5 and IC 3-8-2-6.

As added by P.L.4-1991, SEC.6.

 

IC 3-5-3Chapter 3. Local Government Election Expenses
           3-5-3-1Payment of expenses by county and municipality; appropriations
           3-5-3-2County election and registration fund; tax levy
           3-5-3-3Payment of election and registration expenses from fund
           3-5-3-4Monitoring of fund by county executive; ordinance authorizing transfer between funds
           3-5-3-5Counties without election and registration fund; payment of expenses from general fund
           3-5-3-6Repealed
           3-5-3-7Municipal elections conducted by county election board; expenses
           3-5-3-8Apportionment of municipal election expenses
           3-5-3-9Apportionment among municipalities
           3-5-3-10Itemization of expenses
           3-5-3-11Assessment of town for cost of election
           3-5-3-12Special election; payment of costs

 

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

     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.

[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.

 

IC 3-5-3-2County 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 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 3-5-3-3Payment 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 3-5-3-4Monitoring 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 3-5-3-5Counties 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 3-5-3-6Repealed

[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 3-5-3-7Municipal 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 3-5-3-8Apportionment of municipal election expenses

     Sec. 8. (a) Except as provided in subsection (b), 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 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 3-5-3-9Apportionment 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 3-5-3-10Itemization of expenses

     Sec. 10. The county election board shall, on a form prescribed under IC 3-6-4.1-14, 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 3-5-3-11Assessment 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 3-5-3-12Special 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.

 

IC 3-5-4Chapter 4. Miscellaneous Provisions
           3-5-4-1Time for filing
           3-5-4-1.2Election division or secretary of state filing delivered to county or local election official is void
           3-5-4-1.5Time for commencement of legal actions
           3-5-4-1.7Filings by fax or electronic mail; electronic, digital, digitized, or photocopied signatures
           3-5-4-1.9Receiving filing after deadline; exceptions
           3-5-4-2Repealed
           3-5-4-3Repealed
           3-5-4-4Immunity from arrest while at or going to and from polls
           3-5-4-5Repealed
           3-5-4-6Repealed
           3-5-4-7References to federal statutes or regulations
           3-5-4-8Approval and use of forms
           3-5-4-9Authentication of ballots by circuit court clerk
           3-5-4-10Ownership of ballots, poll lists, and other documents or materials generated or used by a convention or caucus
           3-5-4-11Expired

 

IC 3-5-4-1Time 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 3-5-4-1.2Election 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.

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

 

IC 3-5-4-1.5Time 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 3-5-4-1.7Filings 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 other petition filed that requires the county voter registration office to certify the validity of signatures, may not contain the electronic signature (as defined in IC 5-24-2-2), digital signature (as defined in IC 5-24-2-1), digitized signature, or photocopied signature of a voter.

As added by P.L.230-2005, SEC.1. Amended by P.L.219-2013, SEC.2; P.L.74-2017, SEC.6.

 

IC 3-5-4-1.9Receiving 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 3-5-4-2Repealed

[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 3-5-4-3Repealed

[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 3-5-4-4Immunity 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 3-5-4-5Repealed

[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 3-5-4-6Repealed

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

 

IC 3-5-4-7References 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 September 1, 2014.

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.

 

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

     Sec. 8. (a) Except as provided in subsection (e), 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.

     (b) Except as provided in subsection (d) or (f), before an order approving a form takes effect under this section, the election division shall transmit a copy of each form or revised form approved by the order to the following:

(1) Each circuit court clerk, if the 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.

     (c) The election division, an election board, a circuit court clerk, a county voter registration office, or any other official responsible for receiving a filing under this title shall reject a filing that does not comply with this section.

     (d) The 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.

     (e) 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.

     (f) 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.

     (g) 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.

 

IC 3-5-4-9Authentication of ballots by circuit court clerk

     Sec. 9. (a) This section applies whenever the individual who holds the office of circuit court clerk is a candidate on the ballot for any office.

     (b) As used in this section, "ballot" refers to an absentee ballot, a ballot card, or any other form of ballot.

     (c) Notwithstanding any law requiring the name or signature of the circuit court clerk to appear on a ballot for authentication or any other purpose, the name or signature of the individual who is circuit court clerk may not appear on the ballot except to indicate that the individual is a candidate for an office.

     (d) The circuit court clerk shall substitute a uniform device or symbol prescribed by the commission for the circuit court clerk's printed name or signature to authenticate a ballot.

As added by P.L.263-2003, SEC.1. Amended by P.L.230-2005, SEC.3.

 

IC 3-5-4-10Ownership 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 3-5-4-11Expired

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 3-5-4.5Chapter 4.5. Standards for Challenges to Voters
           3-5-4.5-1Application of chapter
           3-5-4.5-2Challenge; residency at educational institution
           3-5-4.5-3Challenge; party affiliation, support or opposition to candidate or question
           3-5-4.5-4Violations; removal of officer; void credentials
           3-5-4.5-5Referral of violation to prosecuting attorney

 

IC 3-5-4.5-1Application 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 3-5-4.5-2Challenge; 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 3-5-4.5-3Challenge; 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 3-5-4.5-4Violations; 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 3-5-4.5-5Referral 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.

 

IC 3-5-5Chapter 5. Standards for Determining Residency
           3-5-5-0.2Amendments 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
           3-5-5-0.3Effect of amendments made by 2015 session of the general assembly
           3-5-5-0.5"Immediate family"
           3-5-5-1Purpose of chapter
           3-5-5-2Methods of establishing residency
           3-5-5-3Residence in more than one precinct; no residence both within and outside Indiana
           3-5-5-4Abandonment of residence
           3-5-5-5Absence due to state or federal business
           3-5-5-6Presumption of residence specified by individual under penalties for perjury; rebuttable presumptions
           3-5-5-7Temporary residency; residency of students attending postsecondary educational institution
           3-5-5-8Physical presence outside Indiana with intent to make new residence outside Indiana
           3-5-5-9Physical presence outside Indiana with intent to remain indefinitely outside Indiana
           3-5-5-10Physical presence in another Indiana precinct
           3-5-5-11Location of immediate family as residence
           3-5-5-12Living away from family while conducting business
           3-5-5-13Living away from family with intent to remain away; conduct to carry out intent
           3-5-5-14Establishment of voting residence separate from spouse; intent; conduct to carry out intent
           3-5-5-15Unmarried person; place where person usually sleeps; intent; conduct to carry out intent
           3-5-5-16Residents of veterans home
           3-5-5-17Persons committed to mental health institutions
           3-5-5-18Nontraditional residence

 

IC 3-5-5-0.2Amendments 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 3-5-5-0.3Effect 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;

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 3-5-5-1Purpose 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 3-5-5-2Methods 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 3-5-5-3Residence 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 3-5-5-4Abandonment 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 3-5-5-5Absence 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 3-5-5-6Presumption 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 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 3-5-5-7Temporary 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 3-5-5-8Physical 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 3-5-5-9Physical 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 3-5-5-10Physical 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 3-5-5-11Location 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.

 

IC 3-5-5-12Living 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 3-5-5-13Living 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 3-5-5-14Establishment 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 3-5-5-15Unmarried 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 3-5-5-16Residents 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 3-5-5-17Persons committed to mental health institutions

     Sec. 17. A person who is:

(1) adjudged mentally ill; and

(2) committed to an institution for individuals with a mental illness;

does not gain residency in the precinct in which the institution is located.

As added by P.L.12-1995, SEC.10. Amended by P.L.99-2007, SEC.4.

 

IC 3-5-5-18Nontraditional 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.

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

 

IC 3-5-6Chapter 6. Standards for Certifying Documents Signed by Registered Voters
           3-5-6-1Applicability of chapter
           3-5-6-2Resolution of reasonable doubt in favor of registered voter
           3-5-6-3Variations from name in county records
           3-5-6-4Minor variations in addresses
           3-5-6-5Substantial variations in addresses
           3-5-6-6Substantial conformity of signatures required

 

IC 3-5-6-1Applicability 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 3-5-6-2Resolution 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 3-5-6-3Variations 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 3-5-6-4Minor 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 3-5-6-5Substantial 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 3-5-6-6Substantial 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.

 

IC 3-5-7Chapter 7. Candidate Designations on the Ballot
           3-5-7-1Applicability of chapter
           3-5-7-2"Designation" defined
           3-5-7-3"Name" defined
           3-5-7-4Candidate's legal name
           3-5-7-5Designations used on ballot
           3-5-7-6Candidacy documents
           3-5-7-7Complaints filed against candidates

 

IC 3-5-7-1Applicability 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 3-5-7-4Candidate'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 3-5-7-5Designations used on ballot

     Sec. 5. (a) A candidate may use on the ballot any combination of designations permitted 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), the nickname must appear in 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.

 

IC 3-5-7-6Candidacy 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) As used in this section, "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 or IC 33-25-2.

     (c) 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.

     (d) 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.

     (e) 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.

 

IC 3-5-7-7Complaints 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.

 

IC 3-5-8Chapter 8. The Voter's Bill of Rights
           3-5-8-1Election division to prescribe statement of voter's bill of rights
           3-5-8-2Content of statement of bill of rights
           3-5-8-2.5Absentee voter's bill of rights
           3-5-8-3Posting of voter's bill of rights; distribution of voter's bill of rights with election information
           3-5-8-4Posting voter's bill of rights on the Internet
           3-5-8-5Publication of voter's bill of rights in news media

 

IC 3-5-8-1Election 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 3-5-8-2Content 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 3-5-8-2.5Absentee 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.

(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 3-5-8-3Posting 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 3-5-8-4Posting 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 3-5-8-5Publication of voter's bill of rights in news media

     Sec. 5. Not later than thirty (30) 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.

 

IC 3-5-9Chapter 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"
           3-5-9-4Firefighters
           3-5-9-5Government employee may not hold elected office
           3-5-9-6Matters unaffected by chapter
           3-5-9-7Government 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 3-5-9-4Firefighters

     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 3-5-9-5Government 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 a government employee when the individual assumes an elected office of the unit that employs the individual.

As added by P.L.135-2012, SEC.1.

 

IC 3-5-9-6Matters 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 3-5-9-7Government employees who hold elected office on January 1, 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.

 

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

 

IC 3-6-1-1Repealed

[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 3-6-1-2Repealed

[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 3-6-1-3Repealed

[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 3-6-1-4Repealed

[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 3-6-1-5Repealed

[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 3-6-1-6Repealed

[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 3-6-1-7Repealed

[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 3-6-1-8Repealed

[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 3-6-1-9Repealed

[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 3-6-1-10Repealed

[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 3-6-1-11Repealed

[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 3-6-1-11.5Repealed

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 3-6-1-12State 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 3-6-1-13State committee; powers

     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 3-6-1-14Actions 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 3-6-1-15Political 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.

 

IC 3-6-2Chapter 2. Precinct Committeemen
           3-6-2-1Political parties entitled to precinct committee members
           3-6-2-2Repealed
           3-6-2-3Repealed
           3-6-2-4Repealed
           3-6-2-5Repealed
           3-6-2-6Repealed
           3-6-2-7Repealed
           3-6-2-8Repealed
           3-6-2-9Repealed
           3-6-2-10.5Duty to furnish names and addresses of precinct committeemen and vice committeemen

 

IC 3-6-2-1Political 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 3-6-2-2Repealed

[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 3-6-2-3Repealed

[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 3-6-2-4Repealed

[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 3-6-2-5Repealed

[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 3-6-2-6Repealed

[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 3-6-2-7Repealed

[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 3-6-2-8Repealed

[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, SEC.108.

 

IC 3-6-2-9Repealed

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

 

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

     Sec. 10.5. (a) This section applies to all counties after June 30, 2013.

     (b) 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.

 

IC 3-6-3Chapter 3. Political Party Name Change
           3-6-3-1Right to change name
           3-6-3-2Repealed
           3-6-3-3Repealed
           3-6-3-4Repealed
           3-6-3-5Repealed
           3-6-3-6Use of new name; rights; effect on ballots already printed

 

IC 3-6-3-1Right 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 3-6-3-2Repealed

[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 3-6-3-3Repealed

[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 3-6-3-4Repealed

[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 3-6-3-5Repealed

[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 3-6-3-6Use 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.

 

IC 3-6-3.7Chapter 3.7. The Secretary of State
           3-6-3.7-1Secretary of state as state's chief election official; exception
           3-6-3.7-2Election duties of secretary of state; consent of co-directors required
           3-6-3.7-3Programs to encourage students to assist election administration
           3-6-3.7-4Voter education outreach fund; purpose; administration; administrative expenses; investment of money in fund

 

IC 3-6-3.7-1Secretary 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 3-6-3.7-2Election 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 3-6-3.7-3Programs 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 3-6-3.7-4Voter 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.

     (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 3-6-4Chapter 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.

 

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

 

IC 3-6-4.1-1Establishment

     Sec. 1. The Indiana election commission is established.

As added by P.L.8-1995, SEC.18.

 

IC 3-6-4.1-2Membership

     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 3-6-4.1-3Term 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 3-6-4.1-4Nominations 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 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 3-6-4.1-5Vacancies

     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 3-6-4.1-6Chair 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 3-6-4.1-7Quorum

     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.

 

IC 3-6-4.1-8Designation 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 3-6-4.1-9Meetings

     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 3-6-4.1-10Failure 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 3-6-4.1-11Compensation 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 3-6-4.1-12Failure 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.

 

IC 3-6-4.1-13Minutes 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 3-6-4.1-14Powers 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 3-6-4.1-15Repealed

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

 

IC 3-6-4.1-16Emergency 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 3-6-4.1-17Extension 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.

 

IC 3-6-4.1-18Repealed

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 3-6-4.1-19Subpoena 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 3-6-4.1-20Administration 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 3-6-4.1-21Actions 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 3-6-4.1-22Civil 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 3-6-4.1-23Assistance 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 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 3-6-4.1-24Campaign 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 3-6-4.1-25Power 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.

 

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

 

IC 3-6-4.2-1Establishment

     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 3-6-4.2-2Administration

     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 3-6-4.2-2.5Election 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 3-6-4.2-3Co-directors

     Sec. 3. (a) The governor shall appoint two (2) co-directors for the election division.

(1) The co-directors shall do the following:

(A) Carry out the policies, decisions, and recommendations of the commission.

(B) 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

(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.

 

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

     Sec. 3.2. A co-director serves a term of four (4) years, beginning January 1, 1999, and continuing until the co-director’s successor has been appointed and qualified.

As added by P.L.3-1997, SEC.30.

 

IC 3-6-4.2-4Employees

     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 3-6-4.2-5Political 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 3-6-4.2-5.5Rights 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 3-6-4.2-6Number 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 3-6-4.2-7Funding 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 3-6-4.2-8Vacancy 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

(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 3-6-4.2-9Budget 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 3-6-4.2-10Audits 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 3-6-4.2-12Duties

     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.

 

IC 3-6-4.2-12.1State 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 3-6-4.2-12.5Duty 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 3-6-4.2-13Assistance 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 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 3-6-4.2-14Members of county election boards and boards of registration; instructional meeting; 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 and the boards of registration to instruct them as to their duties under this title and federal law (including HAVA and NVRA). The election division may, but is not required to, call a meeting under this section during a year in which a general or a municipal election is not held.

     (b) Each circuit court clerk shall attend a meeting called by the election division under this section.

     (c) The codirectors of 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 two (2) days.

     (d) Each member of a county election board or board of registration 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 per diem of twenty-four dollars ($24) for attending the instructional meeting called by the election division under this section.

(2) A mileage allowance at the state rate for the distance necessarily traveled in going and returning from the place of the instructional meeting called by the election division under this section.

(3) Reimbursement for the payment of the instructional meeting registration fee.

(4) An allowance for lodging for each night preceding conference attendance equal to the lodging allowance provided to state employees in travel status.

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.

 

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

 

IC 3-6-4.5-1Repealed

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 3-6-4.5-3Establishment 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 3-6-4.5-4Remedies 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 3-6-4.5-5Procedures uniform and nondiscriminatory

     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 3-6-4.5-6Filing 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 3-6-4.5-7Form of complaint

     Note: This version of section effective until 7-1-2018. See also following version of this section, effective 7-1-2018.

     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 33-42-4.

As added by P.L.209-2003, SEC.13. Amended by P.L.98-2004, SEC.26; P.L.128-2015, SEC.17.

 

IC 3-6-4.5-7Form of complaint

     Note: This version of section effective 7-1-2018. See also preceding version of this section, effective until 7-1-2018.

     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 3-6-4.5-8Information 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 3-6-4.5-9Copies 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 3-6-4.5-10Complaint 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 3-6-4.5-11Complaint 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 3-6-4.5-12Consolidation of complaints

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

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

 

IC 3-6-4.5-13Preliminary 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 3-6-4.5-14Persons 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 by certified mail to:

(1) the person who filed the notice;

(2) the person alleged to have committed the violation;

(3) the members of the commission; and

(4) the attorney general.

As added by P.L.209-2003, SEC.13.

 

IC 3-6-4.5-15Investigation 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 3-6-4.5-16Submission 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 by certified mail to:

(1) the person who filed the complaint;

(2) the person alleged to have committed the violation;

(3) the members of the commission; and

(4) the attorney general.

As added by P.L.209-2003, SEC.13.

 

IC 3-6-4.5-17Content 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;

(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 3-6-4.5-18Hearing; 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 3-6-4.5-19Commission 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 3-6-4.5-20Dismissal 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 3-6-4.5-21Remedy

     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 3-6-4.5-22Civil 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 3-6-4.5-23Summary 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 by certified mail to:

(1) the person who filed the complaint;

(2) the person alleged to have committed the violation; and

(3) the attorney general.

As added by P.L.209-2003, SEC.13.

 

IC 3-6-4.5-24Deadline 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 3-6-4.5-25Extension 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 3-6-4.5-26Referral 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 3-6-4.5-27Record 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 3-6-4.5-28Filing 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.

 

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

 

IC 3-6-5-1Establishment

     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) but less than seven hundred thousand (700,000).

(2) A county having a population of more than one hundred seventy thousand (170,000) but less than one hundred seventy-five thousand (175,000).

[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.

 

IC 3-6-5-2Membership

     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 3-6-5-3Candidates 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 3-6-5-4Appointment 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 3-6-5-4.5Proxy 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 3-6-5-5Nominations 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 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 3-6-5-6Removal 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 3-6-5-7Vacancies

     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 3-6-5-8Chairman 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 3-6-5-9Compensation 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 3-6-5-10Office 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 3-6-5-11Chairman 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 3-6-5-12Failure 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.

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

As added by P.L.5-1986, SEC.2.

 

IC 3-6-5-13Minutes of meetings

     Sec. 13. 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.

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

As added by P.L.5-1986, SEC.2.

 

IC 3-6-5-14Powers 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 3-6-5-14.5Delegation 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 3-6-5-15Political 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

(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 3-6-5-16Budget 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 3-6-5-17Reports 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 postmarked, hand delivered, or 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.

 

IC 3-6-5-17.5Report 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.

     (b) The report must be:

(1) postmarked or hand delivered to the election division 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.

 

IC 3-6-5-18Circuit 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 3-6-5-19Circuit 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 3-6-5-20Deputy 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 3-6-5-21Designation 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 3-6-5-22Deputy 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 3-6-5-23Clerks, custodians, and employees; students serving as nonpartisan assistants

     Sec. 23. (a) A county election board may appoint and at its pleasure remove clerks, 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 3-6-5-24Candidates 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 3-6-5-25Audit 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 3-6-5-26Examination 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 3-6-5-27Subpoena 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 3-6-5-28Service 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 3-6-5-29Refusal 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.

[Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.]

As added by P.L.5-1986, SEC.2.

 

IC 3-6-5-30Witness 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 3-6-5-31Election 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 3-6-5-32Civil 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 3-6-5-33Assistance 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 3-6-5-34Appeal 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 3-6-5-35Failure to perform duty as precinct election officer; civil penalty

     Sec. 35. (a) An individual who knowingly, recklessly, or negligently fails to perform a duty as a precinct election officer 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 as a precinct election officer has failed to perform a duty required by this title, the board 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.

 

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

 

IC 3-6-5.1-1Repealed

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 3-6-5.1-3County 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 3-6-5.1-4Remedies 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 3-6-5.1-5Procedures 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.

 

IC 3-6-5.1-6Filing 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 3-6-5.1-7Form of complaint

     Note: This version of section effective until 7-1-2018. See also following version of this section, effective 7-1-2018.

     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 33-42-4.

As added by P.L.209-2003, SEC.17. Amended by P.L.98-2004, SEC.27.

 

IC 3-6-5.1-7Form of complaint

     Note: This version of section effective 7-1-2018. See also preceding version of this section, effective until 7-1-2018.

     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 3-6-5.1-8Information 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 3-6-5.1-9Complaint 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 3-6-5.1-10Dismissal 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 3-6-5.1-11Complaint 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 3-6-5.1-12Consolidation 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 3-6-5.1-13Preliminary 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 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 3-6-5.1-14Persons 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 certified mail 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.

 

IC 3-6-5.1-15Investigation 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 3-6-5.1-16Submission 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 certified mail 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.

 

IC 3-6-5.1-17Content 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 3-6-5.1-18Hearing; record

     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 3-6-5.1-19County 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 3-6-5.1-20Dismissal 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 3-6-5.1-21County 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 3-6-5.1-22Summary 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 certified mail 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.

 

IC 3-6-5.2Chapter 5.2. Combined County Election Board and Board of Registration
           3-6-5.2-1Applicability of chapter
           3-6-5.2-2"Board" defined
           3-6-5.2-3Name of board
           3-6-5.2-4Membership of board
           3-6-5.2-4.5Candidates for office as members of board or proxies of record; circuit court clerk as member of candidate's committee
           3-6-5.2-5Compensation
           3-6-5.2-6Powers of board; duties of director
           3-6-5.2-7Director
           3-6-5.2-8Attorney to provide legal services to board
           3-6-5.2-9Appeal of board decision; time to file
           3-6-5.2-10Small precinct committee; consolidation of precincts; commission role; expiration

 

IC 3-6-5.2-1Applicability of chapter

     Sec. 1. This chapter applies to a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).

As added by P.L.3-1993, SEC.16.

 

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 3-6-5.2-3Name 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 3-6-5.2-4Membership 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 3-6-5.2-4.5Candidates 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.

 

IC 3-6-5.2-5Compensation

     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 3-6-5.2-6Powers 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 3-6-5.2-7Director

     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 3-6-5.2-8Attorney 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 3-6-5.2-9Appeal 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 3-6-5.2-10Small precinct committee; consolidation of precincts; commission role; expiration

     Sec. 10. (a) As used in this section, "committee" refers to the small precinct committee established by subsection (b).

     (b) Effective May 1, 2017, the small precinct committee is established in the county.

     (c) The committee consists of the following:

(1) The director of the board.

(2) The assistant director of the board.

(3) Any additional members appointed by unanimous vote of the entire membership of the board. If an additional member is appointed under this subdivision, the following apply:

(A) The additional member must be an employee of the board.

(B) A second additional member must be appointed under this subdivision who is:

(i) an employee of the board; and

(ii) a member of the major political party in the county other than the political party of the member described in clause (A).

     (d) The committee 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, 2016.

(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.

The committee shall establish a proposed plan to consolidate precincts within the county that is consistent with the standards stated in this subsection.

     (e) Not later than noon June 1, 2017, the board shall:

(1) adopt a proposed precinct establishment order implementing the committee's proposed plan under subsection (d); and

(2) file the proposed order with the election division not later than noon August 1, 2017.

     (f) If a proposed precinct establishment order is not filed as provided under subsection (e), the commission shall adopt a precinct establishment order for the county not later than September 1, 2017, based on the committee's proposed plan. If the commission does not have the committee's plan and findings available, the commission shall adopt an order 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.

     (g) If the proposed precinct establishment order is approved under this chapter, the order takes effect January 1, 2018. However, if an objection to the proposed order is filed under IC 3-11-1.5-18, the proposed precinct establishment order takes effect January 1, 2018, unless at least three (3) members of the commission affirmatively vote to sustain the objection.

     (h) This section expires January 1, 2020.

As added by P.L.262-2017, SEC.1.

 

IC 3-6-5.4Chapter 5.4. Tippecanoe County Board of Elections and Registration
           3-6-5.4-1Applicability of chapter
           3-6-5.4-2"Board" defined
           3-6-5.4-3Establishment; name
           3-6-5.4-4Members
           3-6-5.4-4.5Candidates for office as members of board or proxies of record; circuit court clerk as member of candidate's committee
           3-6-5.4-5Powers and duties
           3-6-5.4-6Appointment of deputy
           3-6-5.4-7Appointment of employees
           3-6-5.4-8Unified budget
           3-6-5.4-9Applicability of title
           3-6-5.4-10Appeal of board decision; time to file

 

IC 3-6-5.4-1Applicability of chapter

     Sec. 1. This chapter applies to a county having a population of more than one hundred seventy thousand (170,000) but less than one hundred seventy-five thousand (175,000).

As added by P.L.144-2001, SEC.3. Amended by P.L.170-2002, SEC.5; P.L.119-2012, 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 3-6-5.4-3Establishment; 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 3-6-5.4-4Members

     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 3-6-5.4-4.5Candidates 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.4. Amended by P.L.230-2005, SEC.12.

 

IC 3-6-5.4-5Powers 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 3-6-5.4-6Appointment 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 3-6-5.4-7Appointment 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 3-6-5.4-8Unified 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 3-6-5.4-9Applicability 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 3-6-5.4-10Appeal 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.

 

IC 3-6-6Chapter 6. Precinct Election Officers
           3-6-6-1Precinct election board; members; appointment; chairman
           3-6-6-2Poll clerks; appointment
           3-6-6-3Assistant poll clerks; appointment
           3-6-6-4Precincts for which assistant clerks appointed; resolution
           3-6-6-5Election sheriffs; appointment
           3-6-6-5.5Precinct election officers in vote center counties
           3-6-6-6Election officers entitled to vote
           3-6-6-7Requirements for election officers and inspectors
           3-6-6-8Inspector; nomination by county chairman
           3-6-6-9Election officers; nomination by county chairmen
           3-6-6-10Filing nominations
           3-6-6-11Appointment of persons nominated; nonapplicability to office of precinct inspector
           3-6-6-12Removal of disqualified precinct election officer
           3-6-6-13Filling vacancy by county election board; filling with college student
           3-6-6-14Filling vacancy by remaining members
           3-6-6-15Notification of appointment
           3-6-6-16Approval by county election board; appointment of qualified person; issuance of credentials
           3-6-6-17Delivery of office to person appointed by county election board
           3-6-6-18Inspector or judge; requirement of oath
           3-6-6-19Taking and administering oath
           3-6-6-20Administering of oath when no authorized person present
           3-6-6-21Oaths; requirements
           3-6-6-22Jurat of person administering oath; attachment of oath to poll list
           3-6-6-23Form of oath for precinct election officers
           3-6-6-24Repealed
           3-6-6-25Compensation
           3-6-6-26Additional compensation for inspector
           3-6-6-26.5Repealed
           3-6-6-27County executive to fix compensation; exception
           3-6-6-28Eligibility for compensation; compliance with IC 3-12-2-7
           3-6-6-29Determination of good cause for violation of IC 3-12-2-7
           3-6-6-30Duties of precinct election board
           3-6-6-31Meals or meal allowances
           3-6-6-32Precincts using paper ballots; initialing and giving out ballots; duties of clerks
           3-6-6-33Tallying votes; signing returns or other certificates
           3-6-6-34Precincts using paper ballots; duties of poll clerks and assistant poll clerks
           3-6-6-35Duties of election sheriffs
           3-6-6-36Law enforcement officers prohibited from polls
           3-6-6-37Status of appointment of precinct election officer; expiration of appointment; may not serve as challenger, pollbook holder, or watcher; not lucrative office
           3-6-6-38Omitted precinct election officers
           3-6-6-38.5Inspectors; shared location
           3-6-6-39Individuals under age 18 serving as poll clerks and election sheriffs
           3-6-6-40Training precinct election officers; content of training; training waiver

 

IC 3-6-6-1Precinct 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.

     (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 3-6-6-2Poll 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 3-6-6-3Assistant 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 3-6-6-4Precincts 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 3-6-6-5Election 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 3-6-6-5.5Precinct 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

(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 3-6-6-6Election 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 3-6-6-7Requirements 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.

[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.

 

IC 3-6-6-8Inspector; 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.

[Pre-1986 Recodification Citation: 3-1-5-11 part.]

As added by P.L.5-1986, SEC.2.

 

IC 3-6-6-9Election 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 3-6-6-10Filing 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 3-6-6-11Appointment 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 3-6-6-12Removal of disqualified precinct election officer

     Sec. 12. (a) A county election board shall remove a precinct election officer and declare the office vacant if:

(1) at any time before or during an election the county election board is notified by the affidavit of two (2) or more voters of the precinct that the officer is not qualified; and

(2) the board determines that the statements made in the affidavit concerning the disqualification of the precinct election officer are true.

     (b) If the disqualified officer has taken the oath of office required by this chapter, the circuit court clerk shall attach the oath to the poll list and shall place the affidavit and oath before the next grand jury of the county.

[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.

 

IC 3-6-6-13Filling vacancy by county election board; filling with college 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.

[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.

 

IC 3-6-6-14Filling 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 3-6-6-15Notification 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 election board.

[Pre-1986 Recodification Citation: 3-1-5-11 part.]

As added by P.L.5-1986, SEC.2.

 

IC 3-6-6-16Approval by county election board; appointment of qualified person; 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 3-6-6-17Delivery 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 3-6-6-18Inspector 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 3-6-6-19Taking 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 3-6-6-20Administering 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 3-6-6-21Oaths; 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.

[Pre-1986 Recodification Citations: 3-1-5-4 part; 3-1-5-9 part.]

As added by P.L.5-1986, SEC.2.

 

IC 3-6-6-22Jurat 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 3-6-6-23Form 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 3-6-6-24Repealed

[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 3-6-6-25Compensation

     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.

[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 3-6-6-26Additional 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 3-6-6-26.5Repealed

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

 

IC 3-6-6-27County 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 3-6-6-28Eligibility for compensation; compliance with IC 3-12-2-7

     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 IC 3-12-2-7. A person who violates IC 3-12-2-7, 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.

 

IC 3-6-6-29Determination 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 3-6-6-30Duties 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 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 3-6-6-31Meals 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 3-6-6-32Precincts 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 3-6-6-33Tallying 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 3-6-6-34Precincts 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 3-6-6-35Duties 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.

(2) Preserve order at the polls.

(3) Enforce the election laws under the direction of the precinct election board.

(4) Upon direction from a member of the precinct election board, request assistance from a law enforcement officer (as defined in IC 35-31.5-2-185) if a violation of law within the polls, or within fifty (50) feet of the polls, 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.

 

IC 3-6-6-36Law 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) Law enforcement officers of the state and of political subdivisions may not come within fifty (50) feet of the polls, except to do any of the following:

(1) To serve process of court.

(2) To vote.

(3) To be present when summoned by the election sheriffs or precinct judges.

(4) To serve as a pollbook holder.

(5) 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.

 

IC 3-6-6-37Status 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 3-6-6-38Omitted precinct election officers

     Sec. 38. (a) As used in this section, "omitted precinct election officer" refers to a precinct 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.

As added by P.L.126-2002, SEC.21. Amended by P.L.14-2004, SEC.12.

 

IC 3-6-6-38.5Inspectors; 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.

As added by P.L.129-2015, SEC.1.

 

IC 3-6-6-39Individuals under age 18 serving as poll clerks and election sheriffs

     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 as any precinct election officer (other than inspector), or to assist a precinct election officer, 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 has the written approval of the principal of the school the individual attends at the time of the appointment or, if the student is educated in the home, 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 appointed to a precinct election office or assistant under this section, while serving as a precinct election officer or assistant:

(1) is not required to obtain an employment certificate under IC 20-33-3; and

(2) is not subject to the limitations on time and duration of employment under IC 20-33-3.

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.

 

IC 3-6-6-40Training 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

(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.

 

IC 3-6-6.5Chapter 6.5. Certified Election Worker Program
           3-6-6.5-1Program established
           3-6-6.5-2Contents of program courses
           3-6-6.5-3Administration of program; certification of individuals who complete program
           3-6-6.5-4Expiration of certification; renewal

 

IC 3-6-6.5-1Program established

     Sec. 1. The certified election worker program is established.

As added by P.L.230-2005, SEC.17.

 

IC 3-6-6.5-2Contents 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 3-6-6.5-3Administration 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 3-6-6.5-4Expiration 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.

 

IC 3-6-7Chapter 7. Challengers and Pollbook Holders
           3-6-7-1Appointment; presence at polls; identification card
           3-6-7-1.5Eligibility of candidates
           3-6-7-1.7Eligibility of challengers
           3-6-7-2Repealed
           3-6-7-3Nonresident challenger or pollbook holder; right to vote by absentee ballot
           3-6-7-4Compensation
           3-6-7-5Right to enter and leave polls

 

IC 3-6-7-1Appointment; 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; 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 3-6-7-1.5Eligibility 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 3-6-7-1.7Eligibility 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 3-6-7-2Repealed

[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 3-6-7-3Nonresident 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 3-6-7-4Compensation

     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 3-6-7-5Right 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.

 

IC 3-6-8Chapter 8. Watchers for Political Parties and Independent Candidates
           3-6-8-1Entitlement to appoint watcher
           3-6-8-2Eligibility of candidates
           3-6-8-2.5Eligibility of watchers
           3-6-8-3Identification card
           3-6-8-4Powers and duties
           3-6-8-5Blank certificates for vote summaries
           3-6-8-6Report of violations
           3-6-8-7Watchers at satellite offices

 

IC 3-6-8-1Entitlement 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 3-6-8-2Eligibility 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 3-6-8-2.5Eligibility of watchers

     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 3-6-8-3Identification 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 3-6-8-4Powers 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.

(9) Call upon the election sheriffs to make arrests.

[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.

 

IC 3-6-8-5Blank certificates for vote summaries

     Sec. 5. The county election board shall provide blank certificates for the summaries 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 3-6-8-6Report of violations

     Sec. 6. A watcher appointed under this chapter shall report any violation of the election laws that comes to the watcher's attention to the county grand jury or prosecuting attorney.

[Pre-1986 Recodification Citation: 3-1-6-2(c)(2) part.]

As added by P.L.5-1986, SEC.2.

 

IC 3-6-8-7Watchers 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.

 

IC 3-6-9Chapter 9. Watchers for Primary, School Board, and Precinct Committeemen Candidates
           3-6-9-1Request for watchers; written statement
           3-6-9-2Contents of written statement
           3-6-9-3Limitation on appointments of attorney-in-fact
           3-6-9-4Certification of watchers by attorney-in-fact
           3-6-9-5Issuance of certificates to watchers
           3-6-9-6Filing of written statement
           3-6-9-7Deputy circuit court clerk
           3-6-9-8Right to credentials upon request
           3-6-9-9Repealed
           3-6-9-10Discharge of watcher
           3-6-9-11Appointment of new watcher; credentials
           3-6-9-12Limitation of number of watchers at polls
           3-6-9-13Watcher rights

 

IC 3-6-9-1Request 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 3-6-9-2Contents 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 3-6-9-3Limitation 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.

 

IC 3-6-9-4Certification 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 3-6-9-5Issuance 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 3-6-9-6Filing 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 3-6-9-7Deputy 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 3-6-9-8Right 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 3-6-9-9Repealed

[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.

 

IC 3-6-9-10Discharge 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 3-6-9-11Appointment 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 3-6-9-12Limitation 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 3-6-9-13Watcher rights

     Sec. 13. 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 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.

(9) Call upon the election sheriffs to make arrests.

As added by P.L.14-2004, SEC.15. Amended by P.L.221-2005, SEC.12; P.L.169-2015, SEC.13.

 

IC 3-6-10Chapter 10. Watchers for the Media
           3-6-10-1Media entitled to watchers
           3-6-10-2List of watchers; signature
           3-6-10-3Persons entitled to receive list
           3-6-10-4Application of IC 3-6-10-2 and IC 3-6-10-3
           3-6-10-5Watcher identification card; powers; photographing proceedings; photographing voters
           3-6-10-5.5Watcher rights
           3-6-10-6Multiple county media watchers; procurement of watcher identification card

 

IC 3-6-10-1Media 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 3-6-10-2List 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 3-6-10-3Persons 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 3-6-10-4Application 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.

 

IC 3-6-10-5Watcher 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 3-6-10-5.5Watcher 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 3-6-10-6Multiple 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.

 

IC 3-6-11Chapter 11. Poll Takers
           3-6-11-1Polls of voters
           3-6-11-2Certification of polling organization
           3-6-11-2.5Polls taken in student housing
           3-6-11-2.6Procedures for taking polls in student housing
           3-6-11-2.7Requirements for poll takers entering student housing
           3-6-11-3Reports by poll takers
           3-6-11-4Repealed
           3-6-11-5Places of lodging; entry by poll taker
           3-6-11-6Repealed
           3-6-11-7Failure to permit entry; meeting of county election board; violations
           3-6-11-7.5Repealed
           3-6-11-8Exemption for small lodging houses
           3-6-11-9Exemption for armed services camps or barracks

 

IC 3-6-11-1Polls 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 3-6-11-2Certification 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 3-6-11-2.5Polls 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 3-6-11-2.6Procedures 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 3-6-11-2.7Requirements 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;

(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 3-6-11-3Reports 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 3-6-11-4Repealed

[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 3-6-11-5Places 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 3-6-11-6Repealed

[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 3-6-11-7Failure 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 condo