Bill Text: IN HB1242 | 2011 | Regular Session | Enrolled
Bill Title: Various election law matters.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2011-05-16 - SECTIONS 92 through 94 effective 07/01/2011 [HB1242 Detail]
Download: Indiana-2011-HB1242-Enrolled.html
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
AN ACT to amend the Indiana Code concerning elections.
(1) A complete and current statement of the information required to be supplied under IC 2-7-2-3 and IC 2-7-2-4.
(2) Total expenditures on lobbying (prorated, if necessary) broken down to include at least the following categories:
(A) Compensation to others who perform lobbying services.
(B) Reimbursement to others who perform lobbying services.
(C) Receptions.
(D) Entertainment, including meals.
(E) Gifts made to a legislative person.
(3) Subject to section 3.5 of this chapter, a statement of each:
(A) expenditure for entertainment (including meals and drink); or
(B) gift;
that equals fifty dollars ($50) or more in one (1) day, or expenditures for entertainment (including meals and drink) or gifts that together total more than two hundred fifty dollars ($250) during the
are made by the lobbyist or the lobbyist's agent to benefit a
specific legislative person.
(4) A list of the general subject matter of each bill or resolution
concerning which a lobbying effort was made within the
registration period.
(5) The name of each member of the general assembly from
whom the lobbyist has received an affidavit required under
IC 2-2.1-3-3.5.
(b) In the second semiannual report, when total amounts are
required to be reported, totals shall be stated both for the period
covered by the statement and for the entire reporting year.
(c) An amount reported under this section is not required to include
the following:
(1) Overhead costs.
(2) Charges for any of the following:
(A) Postage.
(B) Express mail service.
(C) Stationery.
(D) Facsimile transmissions.
(E) Telephone calls.
(3) Expenditures for the personal services of clerical and other
support staff persons who are not lobbyists.
(4) Expenditures for leasing or renting an office.
(5) Expenditures for lodging, meals, and other personal expenses
of the lobbyist.
(d) A report of an expenditure under subsection (a)(3) must state the
following information:
(1) The name of the lobbyist making the expenditure.
(2) A description of the expenditure.
(3) The amount of the expenditure.
(1) For purposes of IC 3-11-1.5, refers to a voter who satisfies either of the following:
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.
(1) A board of registration established
(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).
(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.
(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,
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
more than seventeen (17) 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.
(b) An individual appointed to a precinct election office or assistant
under this section:
(1) must serve in a nonpartisan manner in accordance with the
standards developed by the Help America Vote Foundation under
36 U.S.C. 152602; and
(2) while serving as a precinct election officer or assistant:
(A) is not required to obtain an employment certificate under
IC 20-33-3; and
(B) is not subject to the limitations on time and duration of
employment under IC 20-33-3.
(1) A county in which a board of elections and registration is established under IC 3-6-5.2 or IC 3-6-5.4.
(2) A county containing a consolidated city.
(3) A county in which a board of registration was established by IC 3-7-12-3 (before its repeal).
(b) The circuit court clerk:
(1) is the voter registration officer of each county; and
(2) shall supervise the registration of voters of the county.
(1) a county in which a board of elections and registration is established under IC 3-6-5.2 or IC 3-6-5.4; or
(2) a county containing a consolidated city.
(b) After June 30, 2011, the county executive
(1) establish a board of registration; or
(2) rescind a previously adopted order establishing a board of registration.
(b) An order adopted during the final sixty (60) days before an election becomes effective on the day following the election.
(b) This section does not apply to any of the following:
(1) A county in which a board of elections and registration is established under IC 3-6-5.2 or IC 3-6-5.4.
(2) A county containing a consolidated city.
(c) A county executive may adopt an order by the unanimous vote of the entire membership of the county executive to:
(1) abolish the board of registration; and
(2) designate the circuit court clerk as the voter registration officer of the county to supervise the registration of voters of
the county.
(d) An order adopted under subsection (c) during the final sixty
(60) days before an election becomes effective on the day following
the election.
(b) Except as otherwise provided in this section, the parts and reports provided under this section may not include information described under section 8 of this chapter.
(c) The parts and reports may contain the information described in section 8 of this chapter if:
(1) the part or report is to be provided to an entity that:
(A) is described in section 6 of this chapter; and
(B) has previously submitted an application to the election division and paid any required fee to obtain the complete compilation; or
(2) the part or report is a purely statistical compilation that:
(A) includes the information described in section 8 of this chapter; and
(B) does not include any information:
(i) concerning an individual voter; or
(ii) that would permit the identification of an individual voter as a result of providing the compilation.
(d) The parts and reports provided under this section may not include the complete Social Security number of any individual.
(1) Lists of names and addresses of voters who were sent notices under the voter list maintenance program.
(2) Information concerning whether a voter has responded to a notice described by subdivision (1) as of the date the inspection of the record is made.
(b) The county voter registration office shall retain the records described by this section for at least two (2) years. Except for records
concerning declinations to register to vote or that indicate the identity
of a voter registration agency where a person registered, the county
voter registration office shall make the records available for public
inspection and photocopying at a reasonable cost as provided in
IC 5-14-3.
(c) In accordance with IC 5-14-3-3(g) IC 5-14-3-3(h) and
notwithstanding any other statute, a county voter registration office
shall, with regard to voter registration information concerning voters
of the county on a computerized system, act in accordance with a
nondiscriminatory uniform policy adopted by the county election
board. The policy must either permit a person to duplicate or obtain a
duplicate copy of a computer tape, computer disc, microfilm, or other
similar record system that contains this voter registration information
or not permit the person to duplicate or obtain a duplicate copy of the
information.
(d) A person who requests computerized voter registration
information under subsection (c) must provide a written statement that
the person will not:
(1) use the information to solicit merchandise, goods, services, or
subscriptions; or
(2) sell, loan, give away, or otherwise deliver the information
obtained by the request to any other person;
for a purpose other than political activities or political fundraising
activities.
(e) Publication of information obtained under subsection (d) in a
news broadcast or newspaper is not prohibited.
(1) The county chairman of each major political party of the county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate's committee, if the candidate is on the ballot for the next election to be conducted in the county.
(b) A request filed under this section may state that the list is to include only cancellations made by the county voter registration office within a period specified in the request.
(1) The county chairmen of the major political parties of the county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate's committee, if the candidate is on the ballot for the next general election to be conducted in the county.
(b) A request filed under this section may state that the list is to include only cancellations made by the county voter registration office within a period specified in the request.
(1) The county chairmen of the major political parties of the county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate's committee participating in a primary, general, or municipal election.
After that date, upon request the
(b) A request filed under this section may state that the list is to include only cancellations made by the county voter registration office within a period specified in the request.
(b) An eligible applicant:
(1) who submits a completed application; or
(2) on whose behalf a completed application is submitted;
in person to the election division not later than 5 p.m. on the twenty-ninth day before an election shall be registered to vote in the election.
(c) An eligible applicant:
(1) who submits a completed application; or
(2) on whose behalf a completed application is submitted;
by mail to the election division shall be registered to vote in the election, if the application is postmarked not later than the twenty-ninth day before the election. If a postmark on an application submitted by mail is missing or illegible, an eligible applicant shall be registered to vote in the election, if the application is received by the election division not later than the Monday following the close of the registration period.
(d) The election division shall promptly forward an application received under this section to the county voter registration office of the county where the applicant resides.
(1) submits an application to register to vote by mail under IC 3-7-22; and
(2) has not previously voted in:
(A) a general election in Indiana (or a special election for federal office in Indiana); or
(B) a general election (or a special election for federal office) in the county where the individual has submitted an application under this chapter if
(b) This section does not apply to an individual who complies with the requirements in any of the following:
(1) The individual submits an application to register to vote by mail under this chapter and includes with that mailing a copy of:
(A) a current and valid photo identification; or
(B) a current utility bill, bank statement, government check, paycheck, or government document;
that shows the name and residence address of the voter stated on
the voter registration application.
(2) The individual submits an application to register to vote by
mail under this chapter that includes:
(A) the individual's Indiana driver's license number; or
(B) the last four (4) digits of the individual's Social Security
number;
and the county voter registration office or election division
matches the information submitted by the applicant with an
existing Indiana identification record bearing the same number,
name, and date of birth set forth in the voter registration
application.
(3) The individual is an absent uniformed services voter or
overseas voter.
(4) The individual is entitled to vote other than in person under
the federal Voting Accessibility for the Elderly and Handicapped
Act (42 U.S.C. 1973ee-1(b)(2)(B)(ii)) due to a determination by
the election division that a permanent or temporarily accessible
polling place cannot be provided for the individual.
(5) The individual is entitled to vote other than in person under
any other federal law.
(c) When a county voter registration office receives a voter
registration application by mail, the office shall determine whether the
applicant is subject to the requirements to provide additional
documentation under this section and 42 U.S.C. 15483.
(d) As required by 42 U.S.C. 15483, a county voter registration
office shall administer the requirements of this section in a uniform and
nondiscriminatory manner.
(e) If the county voter registration office determines that the
applicant:
(1) is not required to submit additional documentation under this
section; or
(2) has provided the documentation required under this section;
the county voter registration office shall process the application in
accordance with section 5 of this chapter.
(f) If the county voter registration office determines that the
applicant is required to submit additional documentation under this
section and 42 U.S.C. 15483, the office shall process the application
under section 5 of this chapter and, if the applicant is otherwise eligible
to vote, add the information concerning this documentation to the
voter's computerized registration entry under IC 3-7-27-20.2.
(g) The county voter registration office shall remove the notation
described in subsection (f) after the voter votes in an election for a
federal office.
(b) The NVRA official shall notify the commission or agency that the commission or agency is required to supply the omitted information on an expedited basis to the county voter registration office.
(b) A properly completed voter registration application described in this section is subject to the same requirements that are applicable to a properly completed voter registration application from a voter described in section 1 of this chapter during the period ending on the twenty-ninth day before the election.
(1) naming or renaming streets;
(2) numbering or renumbering lots or structures; and
(3) converting rural route addresses to numbered addresses;
shall report the changes to the
numbered address that replaces the rural route address on the
affidavit; and
(2) the entry for the voter in the computerized list under
IC 3-7-26.3.
(b) A:
(1) declaration of intent to be a write-in candidate; or
(2) withdrawal of a declaration;
must be subscribed and sworn to before an individual authorized to administer oaths.
(c) A declaration of intent to be a write-in candidate for a school board office must be filed:
(1) not earlier than the first date specified in IC 3-8-6-10(b) for the timely filing of a petition of nomination; and
(2) not later than noon
(d) A candidate may withdraw a declaration of intent filed under subsection (c) not later than noon
(e) A question concerning the validity of a declaration of intent to be a write-in candidate for a school board office must be filed with the county election board under IC 3-8-1-2(c) not later than noon
(b) This subsection does not apply to a write-in candidate for school board office who is subject to section 2.6(c) of this chapter. A declaration of intent to be a write-in candidate must be filed:
(1) not earlier than the first date specified in IC 3-8-6-10(b) for
the timely filing of a petition of nomination; and
(2) not later than noon on the date specified by IC 3-13-1-15(c)
for a major political party to file a certificate of candidate
selection.
The declaration must be subscribed and sworn to before a person
authorized to administer oaths.
(c) During a year in which a federal decennial census, federal
special census, special tabulation, or corrected population count
becomes effective under IC 1-1-3.5, a declaration of:
(1) candidacy may be filed for an office that will appear on the
primary election ballot; or
(2) intent to be a write-in candidate for an office that will appear
on the general, municipal, or school board election ballot;
that year as a result of the new tabulation of population or corrected
population count.
(b) After the certification of a petition under this section, the county voter registration office may, upon the request of the candidate named in the petition, return the original petition to the candidate for filing with the secretary of state under section 5 of this chapter.
(b) All questions concerning the validity of a declaration of candidacy filed with a circuit court clerk shall be referred to and determined by the county election board not later than noon
sixty-seven (67) eighty-one (81) days before the date of the primary
election.
(c) A question concerning the validity of a declaration of intent to
be a write-in candidate shall be determined by the commission or the
county election board not later than noon sixty-seven (67) eighty-one
(81) days before election day. A statement questioning the validity of
a declaration of intent to be a write-in candidate must be filed with the
election division or county election board under IC 3-8-1-2(c) not later
than noon seventy-four (74) eighty-eight (88) days before election day.
(b) The list must designate the office for which the person is a candidate and the political party the person represents.
(c) If the commission determines under section 18 of this chapter that the certified list of candidates should be amended to add or remove the name of a candidate, as soon as practicable after this determination, the election division shall transmit the county election board an amendment indicating the change to be made in the certified list.
(b) The notice requirements set forth in IC 4-21.5 do not apply to the meeting conducted by the commission under subsection (a). The election division is required to give the best possible notice of the meeting to a person that the election division identifies as an interested party. Unless a written objection is filed with the election division before the end of the meeting, appearance in person or by counsel at the commission's meeting to act under subsection (a) constitutes an admission that adequate notice of the meeting has been given.
person filed the declaration of candidacy, stating that the person is no
longer a candidate and does not wish the person's name to appear on
the primary election ballot as a candidate.
(b) A candidate who is disqualified from being a candidate under
IC 3-8-1-5 must file a notice of withdrawal immediately upon
becoming disqualified. The filing requirements of subsection (a) do not
apply to a notice of withdrawal filed under this subsection.
(c) A candidate who has moved from the election district the
candidate sought to represent must file a notice of withdrawal
immediately after changing the candidate's residence. The filing
requirements of subsection (a) do not apply to a notice of withdrawal
filed under this subsection.
(b) After the certification of a petition under this section, the county voter registration office may, upon the request of the candidate named in the petition, return the original petition to the candidate for filing under section 5 of this chapter.
(1) a town convention under this chapter; or
(2) a primary election;
to choose the nominee of that party for that office as provided in the ordinance adopted under section 2 of this chapter.
(b) If a town convention is required under subsection (a), the town chairman shall organize, conduct, and issue a call for a town convention to be held in the town, or, if there is no suitable location in the town, then either at the nearest available location within any county in which the town is located or at the county seat of any county in which the town is located.
(c) The convention must be held
elected at the next municipal election and for which more than one (1)
declaration of candidacy has been filed.
(d) The chairman shall file a notice of the call with the circuit court
clerk of the county containing the greatest percentage of population of
the town. The chairman shall also have notice of the call posted at least
three (3) days in three (3) prominent public places in the town,
including the office of the clerk-treasurer. The notice must state the
time, place, and purpose of the convention.
(e) If the county chairman determines that an emergency requires
the rescheduling of a town convention after notice has been given
under subsection (d), the chairman shall promptly file a notice in the
office of the county election board and in the office of the town
clerk-treasurer stating the date, time, and place of the rescheduled
convention.
(b) A declaration of candidacy must be filed:
(1) not earlier than
(2) not later than:
(A) noon August 1 before a municipal election if the town nominates its candidates by convention; and
(B) the date that a declaration of candidacy must be filed under IC 3-8-2-4 if the town nominates its candidates by a primary election.
(c) The declaration must be subscribed and sworn to (or affirmed) before a notary public or other person authorized to administer oaths.
(d) The declaration of each candidate required by this section must certify the following information:
(1) The candidate's name, printed or typewritten as:
(A) the candidate wants the candidate's name to appear on the ballot; and
(B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
(2) That the candidate is a registered voter and the location of the candidate's precinct and township (or the ward and town), county, and state.
(3) The candidate's complete residence address and the
candidate's mailing address if the mailing address is different
from the residence address.
(4) The candidate's party affiliation and the office to which the
candidate seeks nomination, including the district designation if
the candidate is seeking a town legislative body seat.
(5) That the candidate complies with all requirements under the
laws of Indiana to be a candidate for the above named office,
including any applicable residency requirements, and is not
ineligible to be a candidate due to a criminal conviction that
would prohibit the candidate from serving in the office.
(6) The candidate's signature.
(e) This subsection does not apply to a town whose municipal
election is to be conducted by a county. Immediately after the deadline
for filing, the circuit court clerk shall do all of the following:
(1) Certify to the town clerk-treasurer and release to the public a
list of the candidates of each political party for each office. The
list shall indicate any candidates of a political party nominated for
an office under this chapter because of the failure of any other
candidates of that political party to file a declaration of candidacy
for that office.
(2) Post a copy of the list in a prominent place in the circuit court
clerk's office.
(3) File a copy of each declaration of candidacy with the town
clerk-treasurer.
(f) A person who files a declaration of candidacy for an elected
office for which a per diem or salary is provided for by law is
disqualified from filing a declaration of candidacy for another office for
which a per diem or salary is provided for by law until the original
declaration is withdrawn.
(g) A person who files a declaration of candidacy for an elected
office may not file a declaration of candidacy for that office in the same
year as a member of a different political party until the original
declaration is withdrawn.
(h) A person who files a declaration of candidacy under this section
may file a written notice withdrawing the person's declaration of
candidacy in the same manner as the original declaration was filed, if
the notice of withdrawal is filed not later than:
(1) noon August 1 before the municipal election if the town
nominates its candidates by convention; and
(2) the date that a declaration of candidacy may be withdrawn
under IC 3-8-2-20 if the town nominates its candidates in a
primary election.
(i) A declaration of candidacy must include a statement that the candidate requests the name on the candidate's voter registration record be the same as the name the candidate uses on the declaration of candidacy. If there is a difference between the name on the candidate's declaration of candidacy and the name on the candidate's voter registration record, the officer with whom the declaration of candidacy is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the candidate's voter registration record to be the same as the name on the candidate's declaration of candidacy.
(1) The name of the party, the town where the convention was held, the date of the convention, and the date of the town election.
(1) registered to vote
(2) qualified to vote for the candidate.
submitted to the county voter registration office of each county in
which the election district is located.
(b) The petition must be filed during the period beginning January
1 of on the first date that a declaration of candidacy for a primary
election may be filed under IC 3-8-2-4 in the year in which the
election will be held and ending at noon June 30 before the election.
(c) The county voter registration office shall certify and file a
petition that complies with the requirements of this chapter with the
public official authorized to place names on the ballot (and with the
town clerk-treasurer, if the petition of nomination is for a town office)
not later than noon July 15. Following certification of a petition under
this section, the office may, upon the request of a candidate named in
the petition, return the original petition to the candidate for filing with
the appropriate official in accordance with this subsection.
(d) During a year in which a federal decennial census, federal
special census, special tabulation, or corrected population count
becomes effective under IC 1-1-3.5, a petition of nomination may be
filed for an office that will appear on the primary election ballot that
year as a result of the new tabulation of population or corrected
population count.
(b) The petition of nomination must be accompanied by the following:
(1) The candidate's written consent to become a candidate.
(2) A statement that the candidate:
(A) is aware of the provisions of IC 3-9 regarding campaign finance and the reporting of campaign contributions and expenditures; and
(B) agrees to comply with the provisions of IC 3-9.
The candidate must separately sign the statement required by this subdivision.
(3) If the candidate is subject to IC 3-9-1-5, a statement by the candidate that the candidate has filed a campaign finance statement of organization under IC 3-9-1-5 or is aware that the candidate may be required to file a campaign finance statement of organization not later than noon seven (7) days after the final date for filing a petition for nomination under section 10 of this
chapter.
(4) If the candidate is subject to IC 3-9-1-5.5, a statement by the
candidate that the candidate is aware of the requirement to file a
campaign finance statement of organization under IC 3-9 after the
first of either of the following occurs:
(A) The candidate receives more than five hundred dollars
($500) in contributions.
(B) The candidate makes more than five hundred dollars
($500) in expenditures.
(5) A statement indicating whether or not each candidate:
(A) has been a candidate for state or local office in a previous
primary or general election; and
(B) has filed all reports required by IC 3-9-5-10 for all
previous candidacies.
(6) A statement that each candidate is legally qualified to hold the
office that the candidate seeks, including any applicable residency
requirements and restrictions on service due to a criminal
conviction.
(7) If the petition is filed with the secretary of state for an office
not elected by the electorate of the whole state, a statement signed
by the circuit court clerk of each county in the election district of
the office sought by the individual.
(8) Any statement of economic interests required under
IC 3-8-1-33.
(c) The statement required under subsection (b)(7) must:
(1) be certified by each circuit court clerk; and
(2) indicate the number of votes cast for secretary of state:
(A) at the last election for secretary of state; and
(B) in the part of the county included in the election district of
the office sought by the individual filing the petition.
(d) The person with whom the petition of nomination must be filed
under subsection (a) shall:
(1) determine whether a sufficient number of signatures as
required by section 3 of this chapter have been obtained; and
(2) do one (1) of the following:
(A) If the petition includes a sufficient number of signatures,
certify the petition.
(B) If the petition has an insufficient number of signatures,
deny the certification.
(e) The secretary of state shall, by noon August 20: on the date
specified under IC 3-8-7-16 for the certification of candidates and
public questions by the election division:
(1) certify; or
(2) deny certification under subsection (d) to;
each petition of nomination filed in the secretary of state's office to the appropriate county.
(f) The commission shall provide that the form of a petition of nomination includes the following information near the separate signature required by subsection (b)(2):
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reports under IC 3-9.
(g) A candidate's consent to become a candidate must include a statement that the candidate requests the name on the candidate's voter registration record be the same as the name the candidate uses on the consent to become a candidate. If there is a difference between the name on the candidate's consent to become a candidate and the name on the candidate's voter registration record, the officer with whom the consent to become a candidate is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the candidate's voter registration record to be the same as the name on the candidate's consent to become a candidate.
(h) If the person with whom the petition was filed denies certification under subsection (d), the person shall notify the candidate immediately by certified mail.
(i) A candidate may contest the denial of certification under subsection (d) based on:
(1) the circuit court clerk's or board of registration's failure to certify, under section 8 of this chapter, qualified petitioners; or
(2) the determination described in subsection (d)(1);
using the procedure in IC 3-8-1-2 and section 14 of this chapter that applies to questions concerning the validity of a petition of nomination.
(1) the device is changed in accordance with party rules; and
(2) a statement concerning the use of the new device is filed with the election division.
(b) Except as provided in subsection (c), the device may be any
appropriate symbol.
(c) A political party or an independent candidate may not use any
of the following as a device:
(1) A symbol that has previously been filed by a political party or
candidate with the election division (or any of its predecessors).
(2) The coat of arms or seal of the state or of the United States.
(3) The national or state flag. or
(4) Any other emblem common to the people.
(d) Not later than noon August 20, before each general or municipal
election, on the date specified under section 16 of this chapter for
the certification of candidates and public questions by the election
division, the election division shall provide each county election board
with a camera-ready copy of the device under which the candidates of
the political party or the petitioner are to be listed so that ballots may
be prepared using the best possible reproduction of the device.
(e) This subsection applies to a candidate or political party whose
device is not filed with the election division under subsection (a) and
is to be printed only on ballots to identify candidates for election to a
local office. Not later than noon August 20, on the date specified
under section 16 of this chapter for the certification of candidates
and public questions by the election division, the chairman of the
political party or the petitioner of nomination shall file a camera-ready
copy of the device under which the candidates of the political party or
the petitioner are to be listed with the county election board of each
county in which the name of the candidate or party will be placed on
the ballot. The county election board shall provide the camera-ready
copy of the device to the town election board of a town located wholly
or partially within the county upon request by the town election board.
(f) If a copy of the device is not filed in accordance with subsection
(a) or (e), or unless a device is designated in accordance with section
26 or 27 of this chapter, the county election board or town election
board is not required to use any device to designate the list of
candidates.
(g) If a device is filed with the election division or an election
board after the commencement of printing of ballots for use at an
election conducted under this title, the election board responsible
for printing the ballots is not required to alter the ballots to include
the device filed under this subsection.
time after the election is called but no later than noon fifty (50)
seventy-four (74) days before the date of the election.
(b) A candidate who:
(1) is:
(A) nominated for election; or
(B) a candidate for nomination; and
(2) changed the candidate's legal name after:
(A) the candidate has been nominated; or
(B) the candidate has become a candidate for nomination;
shall file a statement setting forth the former and current legal name of the candidate with the office where a declaration of candidacy or certificate of nomination for the office is required to be filed. If the final date and hour has not passed for filing a declaration of candidacy, consent for nomination, or declaration of intent to be a write-in candidate, the candidate must file the request for a change of name on the form prescribed by the commission for the declaration or consent.
(c) The statement filed under subsection (b) must also indicate the following:
(1) That the candidate has previously filed a change of name request with a county voter registration office so that the name set forth in the statement is identical to the candidate's name on the county voter registration record.
(2) How the candidate's legal name was changed.
(d) Upon the filing of the statement,
(b) The commission or a county election board may administratively disband a committee in the manner prescribed by this section.
(c) The commission has exclusive jurisdiction to disband any of the following:
(1) A candidate's committee for state office.
(2) A candidate's committee for legislative office.
(3) A legislative caucus committee.
(4) A political action committee that has filed a statement or report with the election division.
(5) A regular party committee that has filed a statement or report with the election division.
(d) A county election board has exclusive jurisdiction to disband any of the following:
(1) A candidate's committee for a local office.
(2) A candidate's committee for a school board office.
(3) A political action committee that has filed a statement or report with the election board, unless the political action committee has also filed a report with the election division.
(4) A regular party committee that has filed a statement or report with the election board, unless the regular party committee has also filed a report with the election division.
(e) The commission or a county election board may administratively disband a committee in the following manner:
(1) Not later than the last Friday of January of each year, the election division or county election board shall review the list of committees that have filed statements of organization with the division or board under this article.
(2) If the election division or county election board determines both of the following, the election division or county election board may begin a proceeding before the commission or board to administratively disband the committee:
(A) The committee has not filed any report of expenditures during the previous three (3) calendar years.
(B) The committee last reported cash on hand in an amount that does not exceed one thousand dollars ($1,000), if the committee filed a report under this article.
(3) The election division or county election board shall provide notice of the proceeding by certified mail to the last known address of the chairman and treasurer of the committee.
(4) The commission or board may issue an order administratively dissolving the committee
(A) There is no evidence that the committee continues to receive contributions, make expenditures, or otherwise function as a committee.
impair any contract or impede the collection of a debt or
judgment by any person.
(5) If the commission or board:
(A) administratively dissolves a committee under
subdivision (4); and
(B) finds that the prudent use of public resources makes
further efforts to collect any outstanding civil penalty
imposed against the committee wasteful or unjust;
the commission or board may also waive the outstanding civil
penalty previously imposed by the commission or board
against the committee.
(5) (6) The election division shall arrange for the publication in
the Indiana Register of an order administratively disbanding a
committee. A county election board shall publish a notice under
IC 5-3-1 stating that the board has disbanded a committee under
this subsection. The notice must state the date of the order and the
name of the committee, but the board is not required to publish
the text of the order.
(6) (7) An order issued under this subsection takes effect
immediately upon its adoption, unless otherwise specified in the
order.
(f) If the chairman or treasurer of a committee wishes to disband the
committee, the committee must do either of the following:
(1) Give written notification of the dissolution and transfer a
surplus of contributions less expenditures to any one (1) or a
combination of the following:
(A) One (1) or more regular party committees.
(B) One (1) or more candidate's committees.
(C) The election division.
(D) An organization exempt from federal income taxation
under Section 501 of the Internal Revenue Code.
(E) Contributors to the committee, on a pro rata basis.
(2) Use the surplus in any other manner permitted under
IC 3-9-3-4.
(g) Except as provided in subsection (e) concerning the waiver of
civil penalties, a dissolution or transfer of funds does not relieve the
committee or the committee's members from any:
(1) civil liability, including the liability of the committee's
chairman or treasurer for the payment of any debts incurred
by or on behalf of the committee; or
(2) criminal liability.
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2.5. (a) This section
does not apply to any of the following:
(1) A communication relating to an election to a federal office.
(2) A communication relating to the outcome of a public question.
(3) A communication described by this section in a medium
regulated by federal law to the extent that federal law regulates
the appearance, content, or placement of the communication in
the medium.
(4) Bumper stickers, pins, buttons, pens, and similar small items
upon which the disclaimer required by this section cannot be
conveniently printed.
(5) Skywriting, water towers, wearing apparel, or other means of
displaying an advertisement on which the inclusion of a
disclaimer would be impracticable.
(6) Checks, receipts, and similar items of minimal value that do
not contain a political message and are used for purely
administrative purposes.
(7) A communication by a political action committee organized
and controlled by a corporation soliciting contributions to the
political action committee by the stockholders, executives, or
employees of the corporation and the families of those
individuals.
(8) A communication by a political action committee organized
and controlled by a labor organization soliciting contributions to
the political action committee by the members or executive
personnel of the labor organization and the families of those
individuals.
(9) A direct mailing of one hundred (100) or less substantially
similar pieces of mail.
(b) This section applies whenever a person:
(1) makes an expenditure for the purpose of financing
communications expressly advocating the election or defeat of a
clearly identified candidate; or
(2) solicits a contribution;
through a newspaper, a magazine, an outdoor advertising facility, a
poster, a yard sign, a direct mailing, or any other type of general public
political advertising.
(c) For purposes of this section, a candidate is clearly identified if
any of the following apply:
(1) The name of the candidate involved appears.
(2) A photograph or drawing of the candidate appears.
(3) The identity of the candidate is apparent by unambiguous
reference.
(d) A communication described in subsection (b) must contain a
disclaimer that appears and is presented in a clear and conspicuous
manner to give the reader or observer adequate notice of the identity of
persons who paid for and, when required, who authorized the
communication. A disclaimer does not comply with this section if the
disclaimer is difficult to read or if the placement of the disclaimer is
easily overlooked.
(e) In addition to meeting the requirements of subsection (d), a
disclaimer that appears on a printed communication described in
subsection (b) must comply with the following:
(1) The disclaimer must be of sufficient type size to be clearly
readable by the recipient of the communication. A disclaimer
in 12 point type size satisfies the size requirement of this
subdivision when the disclaimer is used for a yard sign, a
poster, a flyer, a newspaper, a magazine, or a direct mailing.
(2) The disclaimer must be printed with a reasonable degree
of color contrast between the background and the printed
statement. A disclaimer satisfies the color contrast
requirement of this subdivision if:
(A) the disclaimer is printed in black text on a white
background; or
(B) the degree of color contrast between the background
and the text of the disclaimer is not less than the color
contrast between the background and the largest text used
in the communication.
Notwithstanding subdivisions (1) and (2), a disclaimer satisfies the
requirements of this subsection if the minimum type size of the
disclaimer is 7 point and the type color of the disclaimer contrasts
with the background color.
(e) (f) A communication that would require a disclaimer if
distributed separately must contain the required disclaimer if included
in a package of materials.
(f) (g) This subsection does not apply to a communication, such as
a billboard, that contains only a front face. The disclaimer need not
appear on the front or cover page of the communication if the
disclaimer appears within the communication.
(g) (h) Except as provided in subsection (h), (i), a communication
described in subsection (b) must satisfy one (1) of the following:
(1) If the communication is paid for and authorized by:
(A) a candidate;
(B) an authorized political committee of a candidate; or
(C) the committee's agents;
the communication must clearly state that the communication has been paid for by the authorized political committee.
(2) If the communication is paid for by other persons but authorized by:
(A) a candidate;
(B) an authorized political committee of a candidate; or
(C) the committee's agents;
the communication must clearly state that the communication is paid for by the other persons and authorized by the authorized political committee.
(3) If the communication is not authorized by:
(A) a candidate;
(B) an authorized political committee of a candidate; or
(C) the committee's agents;
the communication must clearly state the name of the person who paid for the communication and state that the communication is not authorized by any candidate or candidate's committee.
(4) If the communication is a solicitation directed to the general public on behalf of a political committee that is not a candidate's committee, the solicitation must clearly state the full name of the person who paid for the communication.
(1) a printed slate card, a sample ballot, or other printed listing of three (3) or more candidates for public office at an election;
(2) campaign materials such as handbills, brochures, posters, party tabloids or newsletters, and yard signs distributed by volunteers and used by the regular party committee in connection with volunteer activities on behalf of any nominee of the party; or
(3) materials distributed by volunteers as part of the regular party's voter registration or get-out-the-vote efforts;
must clearly state the name of the person who paid for the communication but is not required to state that the communication is authorized by any candidate or committee.
(1) Fails to file with the election division a report in the manner required under IC 3-9-5.
(2) Fails to file a statement of organization required under
IC 3-9-1.
(3) Is a committee or a member of a committee who disburses or
expends money or other property for any political purpose before
the money or other property has passed through the hands of the
treasurer of the committee.
(4) Makes a contribution other than to a committee subject to this
article or to a person authorized by law or a committee to receive
contributions on the committee's behalf.
(5) Is a corporation or labor organization that exceeds any of the
limitations on contributions prescribed by IC 3-9-2-4.
(6) Makes a contribution in the name of another person.
(7) Accepts a contribution made by one (1) person in the name of
another person.
(8) Is not the treasurer of a committee subject to this article, and
pays any expenses of an election or a caucus except as authorized
by this article.
(9) Commingles the funds of a committee with the personal funds
of an officer, a member, or an associate of the committee.
(10) Wrongfully uses campaign contributions in violation of
IC 3-9-3-4.
(11) Violates IC 3-9-2-12.
(12) Fails to designate a contribution as required by IC 3-9-2-5(c).
(13) Violates IC 3-9-3-5.
(14) Serves as a treasurer of a committee in violation of any of the
following:
(A) IC 3-9-1-13(1).
(B) IC 3-9-1-13(2).
(C) IC 3-9-1-18.
(15) Fails to comply with section 4(d) of this chapter.
(16) Violates IC 3-9-3-2.5 by making a communication that
contains a disclaimer that is not presented in a clear and
conspicuous manner required by IC 3-9-3-2.5(d) and
IC 3-9-3-2.5(e). This subdivision does not apply to a person
whose sole act is, in the normal course of business,
participating in the preparation, printing, distribution, or
broadcast of the communication containing the disclaimer.
(b) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(1) or (a)(2) for filing a defective report or
statement. If the commission determines that a person failed to file the
amended report or statement of organization not later than noon five (5)
days after being given notice under section 14 of this chapter, the
commission may assess a civil penalty. The penalty is ten dollars ($10)
for each day the report is late after the expiration of the five (5) day
period, not to exceed one hundred dollars ($100) plus any investigative
costs incurred and documented by the election division. The civil
penalty limit under this subsection applies to each report separately.
(c) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(1) or (a)(2) for a delinquent report or
statement. If the commission determines that a person failed to file the
report or statement of organization by the deadline prescribed under
this article, the commission shall assess a civil penalty. The penalty is
fifty dollars ($50) for each day the report or statement is late, with the
afternoon of the final date for filing the report or statement being
calculated as the first day. The civil penalty under this subsection may
not exceed one thousand dollars ($1,000) plus any investigative costs
incurred and documented by the election division. The civil penalty
limit under this subsection applies to each report separately.
(d) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(3), (a)(4), (a)(6), (a)(7), (a)(8), (a)(9), or
(a)(10). If the commission determines that a person is subject to a civil
penalty under subsection (a), the commission may assess a civil penalty
of not more than one thousand dollars ($1,000), plus any investigative
costs incurred and documented by the election division.
(e) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(5). If the commission determines that a
person is subject to a civil penalty under subsection (a)(5), the
commission may assess a civil penalty of not more than three (3) times
the amount of the contribution in excess of the limit prescribed by
IC 3-9-2-4, plus any investigative costs incurred and documented by
the election division.
(f) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(11). If the commission determines that a
candidate or the candidate's committee has violated IC 3-9-2-12, the
commission shall assess a civil penalty equal to the greater of the
following, plus any investigative costs incurred and documented by the
election division:
(1) Two (2) times the amount of any contributions received.
(2) One thousand dollars ($1,000).
(g) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(12). If the commission determines that a
corporation or a labor organization has failed to designate a
contribution in violation of IC 3-9-2-5(c), the commission shall assess
a civil penalty equal to the greater of the following, plus any
investigative costs incurred and documented by the election division:
(1) Two (2) times the amount of the contributions undesignated.
(2) One thousand dollars ($1,000).
(h) This subsection applies to a person who is subject to a civil penalty under subsection (a)(13). If the commission determines, by unanimous vote of the entire membership of the commission, that a person has violated IC 3-9-3-5, the commission may assess a civil penalty of not more than five hundred dollars ($500), plus any investigative costs incurred and documented by the election division.
(i) This subsection applies to a person who is subject to a civil penalty under subsection (a)(14). If the commission determines, by unanimous vote of the entire membership of the commission, that a person has served as the treasurer of a committee in violation of any of the statutes listed in subsection (a)(14), the commission may assess a civil penalty of not more than five hundred dollars ($500), plus any investigative costs incurred and documented by the election division.
(j) This subsection applies to a person who is subject to a civil penalty under subsection (a)(15). The commission may assess a civil penalty equal to the costs incurred by the election division for the manual entry of the data contained in the report or statement, plus any investigative costs incurred and documented by the election division.
(k) This subsection applies to a person who is subject to a civil penalty under subsection (a)(16). If the commission determines that a person is subject to a civil penalty under subsection (a)(16), the commission may assess a civil penalty of not more than one thousand dollars ($1,000) for each communication circulated or published (but not for each of the copies of the communication actually circulated or published), plus any investigative costs incurred and documented by the election division.
(1) Fails to file with a county election board a report in the manner required under IC 3-9-5.
(2) Fails to file a statement of organization required under IC 3-9-1.
(3) Is a committee or a member of a committee who disburses or
expends money or other property for any political purpose before
the money or other property has passed through the hands of the
treasurer of the committee.
(4) Makes a contribution other than to a committee subject to this
article or to a person authorized by law or a committee to receive
contributions in the committee's behalf.
(5) Is a corporation or labor organization that exceeds any of the
limitations on contributions prescribed by IC 3-9-2-4.
(6) Makes a contribution in the name of another person.
(7) Accepts a contribution made by one (1) person in the name of
another person.
(8) Is not the treasurer of a committee subject to this article, and
pays any expenses of an election or a caucus except as authorized
by this article.
(9) Commingles the funds of a committee with the personal funds
of an officer, a member, or an associate of the committee.
(10) Wrongfully uses campaign contributions in violation of
IC 3-9-3-4.
(11) Fails to designate a contribution as required by IC 3-9-2-5(c).
(12) Violates IC 3-9-3-5.
(13) Serves as a treasurer of a committee in violation of any of the
following:
(A) IC 3-9-1-13(1).
(B) IC 3-9-1-13(2).
(C) IC 3-9-1-18.
(14) Violates IC 3-9-3-2.5 by making a communication that
contains a disclaimer that is not presented in a clear and
conspicuous manner, as required by IC 3-9-3-2.5(d) and
IC 3-9-3-2.5(e). This subdivision does not apply to a person
whose sole act is, in the normal course of business,
participating in the preparation, printing, distribution, or
broadcast of the communication containing the disclaimer.
(b) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(1) or (a)(2) for filing a defective report or
statement. If the county election board determines that a person failed
to file the report or a statement of organization not later than noon five
(5) days after being given notice under section 14 of this chapter, the
county election board may assess a civil penalty. The penalty is ten
dollars ($10) for each day the report is late after the expiration of the
five (5) day period, not to exceed one hundred dollars ($100) plus any
investigative costs incurred and documented by the board. The civil
penalty limit under this subsection applies to each report separately.
(c) This subsection applies to a person who is subject to a civil penalty under subsection (a)(1) or (a)(2) for a delinquent report or statement. If the county election board determines that a person failed to file the report or statement of organization by the deadline prescribed under this article, the board shall assess a civil penalty. The penalty is fifty dollars ($50) for each day the report is late, with the afternoon of the final date for filing the report or statement being calculated as the first day. The civil penalty under this subsection may not exceed one thousand dollars ($1,000) plus any investigative costs incurred and documented by the board. The civil penalty limit under this subsection applies to each report separately.
(d) This subsection applies to a person who is subject to a civil penalty under subsection (a)(3), (a)(4), (a)(6), (a)(7), (a)(8), (a)(9), or (a)(10). If the county election board determines that a person is subject to a civil penalty under subsection (a), the board may assess a civil penalty of not more than one thousand dollars ($1,000), plus any investigative costs incurred and documented by the board.
(e) This subsection applies to a person who is subject to a civil penalty under subsection (a)(5). If the county election board determines that a person is subject to a civil penalty under subsection (a)(5), the board may assess a civil penalty of not more than three (3) times the amount of the contribution in excess of the limit prescribed by IC 3-9-2-4, plus any investigative costs incurred and documented by the board.
(f) This subsection applies to a person who is subject to a civil penalty under subsection (a)(11). If the county election board determines that a corporation or a labor organization has failed to designate a contribution in violation of IC 3-9-2-5(c), the board shall assess a civil penalty equal to the greater of the following, plus any investigative costs incurred and documented by the board:
(1) Two (2) times the amount of the contributions undesignated.
(2) One thousand dollars ($1,000).
(g) This subsection applies to a person who is subject to a civil penalty under subsection (a)(12). If the county election board determines, by unanimous vote of the entire membership of the board, that a person has violated IC 3-9-3-5, the board may assess a civil penalty of not more than five hundred dollars ($500), plus any investigative costs incurred and documented by the board.
(h) This subsection applies to a person who is subject to a civil penalty under subsection (a)(13). If the county election board determines, by unanimous vote of the entire membership of the board, that a person has served as the treasurer of a committee in violation of
any of the statutes listed in subsection (a)(13), the board may assess a
civil penalty of not more than five hundred dollars ($500), plus any
investigative costs incurred and documented by the board.
(i) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(14). If the board determines that a
person is subject to a civil penalty under subsection (a)(14), the
board may assess a civil penalty of not more than one thousand
dollars ($1,000) for each communication circulated or published
(but not for each of the copies of the communication actually
circulated or published), plus any investigative costs incurred and
documented by the election division.
(i) (j) All civil penalties collected under this section shall be
deposited with the county treasurer to be deposited by the county
treasurer in a separate account to be known as the campaign finance
enforcement account. The funds in the account are available, with the
approval of the county fiscal body, to augment and supplement the
funds appropriated for the administration of this article.
(j) (k) Money in the campaign finance enforcement account does
not revert to the county general fund at the end of a county fiscal year.
(k) (l) Proceedings of the county election board under this section
are subject to IC 4-21.5.
(b) If a recount or contest is being conducted in a county, the county voter registration office shall complete the updating of the registration record under section 31.1 of this chapter not later than sixty (60) days after the completion of the recount or contest and the issuance of an order under IC 3-12-6-22.5, IC 3-12-8-17, IC 3-12-11-18, or IC 3-12-12-19.
(b) If the vote is to occur at a general election, the election division
shall certify by noon August 20 before the election. on the date
specified under IC 3-8-7-16 for the election division to certify
candidates and other public questions for the general election
ballot. If a special election is to be held, the election division shall
certify at least thirty (30) days before the election. Each county election
board shall publish notice of the public question in accordance with
IC 5-3-1.
(1) there is only one (1) nominee for the office or only one (1) person has filed a declaration of intent to be a write-in candidate for the office under IC 3-8-2-2.5; and
(2) no person has filed a declaration of intent to be a write-in candidate for the office under IC 3-8-2-2.5 that results in a contest for election to the same municipal office.
(b)
municipal office elected during a municipal or general election. An
election may not be held for a municipal office if:
(1) there is only one (1) nominee for the office or only one (1)
person has filed a declaration of intent to be a write-in candidate
for the office under IC 3-8-2-2.5; and
(2) no person has filed a declaration of intent to be a write-in
candidate for the office under IC 3-8-2-2.5 that results in a contest
for election to the same municipal office.
(c) Except as provided in subsection (d), if there is an election for
any office of the municipality, all nominees for each office must be on
the ballot.
(d) If:
(1) there is an election for at least one (1) of the town's legislative
body members;
(2) only the voters who reside in a legislative body district are
eligible to vote in the election for a legislative body member; and
(3) there is no election for an office to be voted on by all voters of
the town;
the county election board (or town election board if that board is
conducting the election under this chapter) may, by unanimous vote of
the entire membership of the board, adopt a resolution providing that
an election will be held only in the legislative body districts within the
town in which voters will elect legislative body members under
subdivision (2). The names of unopposed candidates for an office to be
voted on by all voters of the town shall not be placed on the ballot used
for the election of town legislative body members under this
subsection.
(1)
(2) August 1 if the public question is to be placed on the general or municipal election ballot.
(1) A description of the precinct boundary in metes and
bounds.
(2) One (1) or more aerial photographs that depict:
(A) each census block that is split; and
(B) the boundary of the precinct that splits each census
block.
(1) A description in metes and bounds that identifies the boundary as that of a municipality, state legislative district, or municipal legislative district.
(2) A notation on the map of the precinct indicating that the boundary is that of a municipality, state legislative district, or municipal legislative district.
(b) If a proposed precinct establishment order described by section 9 of this chapter includes a legal description of a boundary that follows a visible feature, the order must include a description in metes and bounds or an aerial photograph that identifies the visible feature that forms the boundary.
(1) reprint or correct the ballot; or
(2) conduct a public hearing concerning the defective ballots.
(b) The commission or board may conduct the hearing after informing each political party, ticket, or candidate that the commission or board determines may have an interest in the matter.
(c) At the hearing, the commission or board shall hear any testimony offered by a person concerning the defective ballots and shall make findings of fact concerning the following:
(1) The number of ballots, if any, containing the error or omission that have already been cast.
(2) The cost of correcting the error through the use of pasters, reprinted ballots, or any other suitable method.
(3) Whether the error or omission would be likely to cause
confusion or mistakes by voters.
(4) Whether any voter objects to the use of the ballots,
notwithstanding the error or omission.
(d) If:
(1) a voter does not file a written objection to the use of the
ballots with the commission or board before the commission or
board concludes the hearing; and
(2) the commission or board determines that the use of the ballots
would not be likely to cause confusion or mistakes by voters;
the commission or board shall authorize the use of the defective ballots,
notwithstanding the error or omission.
(e) If:
(1) a voter files a written objection to the use of the ballots with
the election division or board before the commission or board
concludes the hearing; or
(2) the commission or board determines that the use of the ballots
would be likely to cause confusion or mistakes by voters;
the commission or board shall order the ballots to be reprinted or
altered to conform with the requirements of this title.
(f) If the commission or board acts under subsection (a) or (e), a
voter who has already voted a defective ballot by absentee ballot is
entitled to recast the voter's ballot in accordance with IC 3-11-10-1.5
or IC 3-11.5-4-2. Notwithstanding the issuance of an order under
subsection (e), a defective ballot shall be counted if the intent of the
voter can be determined and the ballot would otherwise be counted
under IC 3-12-1.
(b) If the
(c) If a candidate entitled to be placed on the ballot changes the candidate's legal name after the printing of ballots and before the
election, the candidate who has changed the candidate's legal name
shall provide to the election division or the election board the number
of pasters the division or the board determines to be necessary for all
ballots to reflect the change of name. If a candidate declines to do so
under this subsection, the division or the board is not required to
reprint ballots to reflect the change of legal name.
(1) Noon on election day if the voter registers to vote under IC 3-7-36-14.
(2) Noon on the day before election day if the voter:
(A) completes the application in the office of the circuit court clerk; or
(B) is an absent uniformed services voter or overseas voter who requests that the ballot be transmitted by electronic mail or fax under section 6(h) of this chapter.
(3) Noon on the day before election day if:
(A) the application is a mailed, transmitted by fax, or hand delivered application from a confined voter or voter caring for a confined person; and
(B) the applicant requests that the absentee ballots be delivered to the applicant by an absentee voter board.
(4)
(A) is a mailed application; or
(B) was transmitted by fax;
from other voters.
(b) An application for an absentee ballot received by the election division by the time and date specified by subsection (a)(2)(B), (a)(3), or (a)(4) is considered to have been timely received for purposes of processing by the county. The election division shall immediately transmit the application to the circuit court clerk, or the director of the board of elections and registration, of the county where the applicant resides. The election division is not required to complete or file the affidavit required under section 2(h) of this chapter whenever the election division transmits an application
under this subsection.
(1) An absent uniformed services voter.
(2) An address confidentiality program participant (as defined in IC 5-26.5-1-6).
(3) An overseas voter.
(b) A county election board shall make blank absentee ballot applications available for persons covered by this section.
(c) A person covered by this section may apply for an absentee ballot for the next scheduled primary, general, or special election at any time by filing either of the following:
(1) A combined absentee registration form and absentee ballot request approved under 42 U.S.C. 1973ff(b)(2).
(2) A form prescribed under IC 3-5-4-8 that identifies the applicant as an absent uniformed services voter or an overseas voter. A form prescribed under this subdivision must permit the applicant to designate whether the applicant wishes to receive the absentee ballot by electronic mail, fax, or United States mail.
(d) If the county election board receives an absentee ballot application from a person described by subsection (c), the circuit court clerk shall mail to the person, free of postage as provided by 39 U.S.C. 3406, all ballots for the election immediately upon receipt of the ballots under section 15 of this chapter, unless the person has indicated under subsection (c) that the person wishes to receive the absentee ballot by electronic mail or fax.
(e) Whenever a voter files an application for an absentee ballot and indicates on the application that the voter
the application is an adequate application for an absentee ballot for
mailed to the voter at the address set forth in the application is returned
to the county election board during that period as undeliverable. The
circuit court clerk and county election board shall process this
application and send general election absentee ballots to the voter in
the same manner as other general election and special election absentee
ballot applications and ballots are processed and sent under this
chapter.
(f) Whenever a voter described in subsection (a)(2) files an
application for a primary election absentee ballot and indicates on the
application that the voter is an address confidentiality program
participant, the application is an adequate application for a general
election absentee ballot under this chapter and an absentee ballot for a
special election conducted during the twelve (12) months period that
ends on December 31 following the date of the application is filed.
The circuit court clerk and county election board shall process this
application and send general election and special election absentee
ballots to the voter in the same manner as other general election and
special election absentee ballot applications and ballots are processed
and sent under this chapter.
(g) The name, address, telephone number, and any other identifying
information relating to a program participant (as defined in
IC 5-26.5-1-6) in the address confidentiality program, as contained in
a voting registration record, is declared confidential for purposes of
IC 5-14-3-4(a)(1). The county voter registration office may not disclose
for public inspection or copying a name, an address, a telephone
number, or any other information described in this subsection, as
contained in a voting registration record, except as follows:
(1) To a law enforcement agency, upon request.
(2) As directed by a court order.
(h) The county election board shall by fax or electronic mail
transmit an absentee ballot to and receive an absentee ballot from an
absent uniformed services voter or an overseas voter by electronic mail
or fax at the request of the voter indicated in the application filed under
this section. If the voter wants to submit absentee ballots by fax or
electronic mail, the voter must separately sign and date a statement
submitted with the electronic mail or the fax transmission that states
substantively the following: "I understand that by faxing or e-mailing
my voted ballot I am voluntarily waiving my right to a secret ballot.".
(i) The county election board shall send confirmation to a voter
described in subsection (h) that the voter's absentee ballot has been
received as follows:
(1) If the voter provides a fax number to which a confirmation
may be sent, the county election board shall send the confirmation
to the voter at the fax number provided by the voter.
(2) If the voter provides an electronic mail address to which a
confirmation may be sent, the county election board shall send the
confirmation to the voter at the electronic mail address provided
by the voter.
(3) If:
(A) the voter does not provide a fax number or an electronic
mail address; or
(B) the number or address provided does not permit the board
to send the confirmation not later than the end of the first
business day after the board receives the voter's absentee
ballot;
the county election board shall send the confirmation by United
States mail.
The county election board shall send the confirmation required by this
subsection not later than the end of the first business day after the
county election board receives the voter's absentee ballot.
(j) A county election board may transmit an absentee ballot to an
absent uniformed services voter or an overseas voter by electronic mail
under a program authorized and administered by the Federal Voting
Assistance Program of the United States Department of Defense or
directly to the voter at the voter's electronic mail address, if requested
to do so by the voter. A voter described by this section may transmit the
voted absentee ballot to a county election board by electronic mail. If
a voter described in this section transmits the voted absentee ballot
through the United States Department of Defense program, the
ballot must be transmitted in accordance with the procedures
established under this that program. An electronic mail message
transmitting a voted absentee ballot under this subsection must include
an optically scanned image of the voter's signature on the statement
required under subsection (h).
(b) The designation of a polling place under this section remains in
effect until:
(1) the location of the polling place is altered by an order of the
county executive or county election board under this chapter; or
(2) a precinct establishment order issued under IC 3-11-1.5:
(A) designates a new polling place location; or
(B) combines the existing precinct with another precinct
established by the order.
(c) The county executive shall then file the report required by
section 6.5 of this chapter concerning polls that are inaccessible to
voters with disabilities.
(b) If it is necessary to change a place for voting after giving notice, notice of the change shall be given in the same manner. However, except as provided in subsection (c), a change may not be made within two (2) days before an election.
(c) If the county election board determines by a unanimous vote of the board's entire membership that the use of a polling place at an election would be dangerous or impossible, the county election board may order the relocation of the polling place during the final two (2) days before an election. The county election board shall give the best possible notice of this change to news media and the voters of the precinct. If an order is adopted under this subsection, the order expires after the election.
accepted or counted:
(1) The affidavit is insufficient or the ballot has not been endorsed
with the initials of:
(A) the two (2) members of the absentee voter board in the
office of the circuit court clerk under IC 3-11-4-19 or section
27 of this chapter;
(B) the two (2) members of the absentee voter board visiting
the voter under section 25(b) of the chapter; or
(C) the two (2) appointed members of the county election
board or their designated representatives under IC 3-11-4-19.
(2) A copy of the voter's signature has been furnished to the
precinct election board and that the signatures do not correspond
or there is no signature.
(3) The absentee voter is not a qualified voter in the precinct.
(4) The absentee voter has voted in person at the election.
(5) (4) The absentee voter has not registered.
(6) (5) The ballot is open or has been opened and resealed. This
subdivision does not permit an absentee ballot transmitted by fax
or electronic mail under IC 3-11-4-6 to be rejected because the
ballot was sealed in the absentee ballot envelope by the individual
designated by the circuit court to receive absentee ballots
transmitted by fax or electronic mail.
(7) (6) The ballot envelope contains more than one (1) ballot of
any kind for the same office or public question.
(8) (7) In the case of a primary election, if the absentee voter has
not previously voted, the voter failed to execute the proper
declaration relative to age and qualifications and the political
party with which the voter intends to affiliate.
(9) (8) The ballot has been challenged and not supported.
(b) Subsection (c) applies whenever a voter with a disability is
unable to make a signature:
(1) on an absentee ballot application that corresponds to the
voter's signature in the records of the county voter registration
office; or
(2) on an absentee ballot secrecy envelope that corresponds with
the voter's signature:
(A) in the records of the county voter registration office; or
(B) on the absentee ballot application.
(c) The voter may request that the voter's signature or mark be
attested to by:
(1) the absentee voter board under section 25(b) of this chapter;
(2) a member of the voter's household; or
(3) an individual serving as attorney in fact for the voter.
(d) An attestation under subsection (c) provides an adequate basis for an inspector to determine that a signature or mark complies with subsection (a)(2).
(1) The voter has a specific, reasonable expectation of being absent from the county on election day during the entire twelve (12) hours that the polls are open.
(2) The voter will be absent from the precinct of the voter's residence on election day because of service as:
(A) a precinct election officer under IC 3-6-6;
(B) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10;
(C) a challenger or pollbook holder under IC 3-6-7; or
(D) a person employed by an election board to administer the election for which the absentee ballot is requested.
(3) The voter will be confined on election day to the voter's residence, to a health care facility, or to a hospital because of an illness or injury during the entire twelve (12) hours that the polls are open.
(4) The voter is a voter with disabilities.
(5) The voter is an elderly voter.
(6) The voter is prevented from voting due to the voter's care of an individual confined to a private residence because of illness or injury during the entire twelve (12) hours that the polls are open.
(7) The voter is scheduled to work at the person's regular place of employment during the entire twelve (12) hours that the polls are open.
(8) The voter is eligible to vote under IC 3-10-11 or IC 3-10-12.
(9) The voter is prevented from voting due to observance of a religious discipline or religious holiday during the entire twelve (12) hours that the polls are open.
(10) The voter is an address confidentiality program participant (as defined in IC 5-26.5-1-6).
(11) The voter is a member of the military or public safety officer.
(b) A voter with disabilities who:
(1) is unable to make a voting mark on the ballot or sign the absentee ballot secrecy envelope; and
(2) requests that the absentee ballot be delivered to an address within Indiana;
must vote before an absentee voter board under section 25(b) of this chapter.
(c) If a voter receives an absentee ballot by mail, the voter shall personally mark the ballot in secret and seal the marked ballot inside the envelope provided by the county election board for that purpose. The voter shall:
(1) deposit the sealed envelope in the United States mail for delivery to the county election board; or
(2) authorize a member of the voter's household or the individual designated as the voter's attorney in fact to:
(A) deposit the sealed envelope in the United States mail; or
(B) deliver the sealed envelope in person to the county election board.
(d) If a member of the voter's household or the voter's attorney in fact delivers the sealed envelope containing a voter's absentee ballot to the county election board, the individual delivering the ballot shall complete an affidavit in a form prescribed by the commission. The affidavit must contain the following information:
(1) The name and residence address of the voter whose absentee ballot is being delivered.
(2) A statement of the full name, residence and mailing address, and daytime and evening telephone numbers (if any) of the individual delivering the absentee ballot.
(3) A statement indicating whether the individual delivering the absentee ballot is a member of the voter's household or is the attorney in fact for the voter. If the individual is the attorney in fact for the voter, the individual must attach a copy of the power of attorney for the voter, unless a copy of this document has already been filed with the county election board.
(4) The date and location at which the absentee ballot was delivered by the voter to the individual delivering the ballot to the county election board.
(5) A statement that the individual delivering the absentee ballot has complied with Indiana laws governing absentee ballots.
(6) A statement that the individual delivering the absentee ballot is executing the affidavit under the penalties of perjury.
(7) A statement setting forth the penalties for perjury.
(e) The county election board shall record the date and time that the affidavit under subsection (d) was filed with the board.
(f) After a voter has mailed or delivered an absentee ballot to the office of the circuit court clerk, the voter may not recast a ballot, except as provided in
(1)
(2)
(b) This subsection applies to a county to which IC 3-6-5.2 applies. As an alternative to voting by mail, a voter is entitled to cast an absentee ballot before an absentee voter board at any of the following:
(1) The office of the board of elections and registration.
(2) A satellite office established under section 26.3 of this chapter.
(c) Except for a location designated under subsection (a)(1), a location of the office of the circuit court clerk must be established as a satellite office under section 26.3 of this chapter in order to be used as a location at which a voter is entitled to cast an absentee ballot before an absentee voter board under this section.
(1) sign an application on the form prescribed by the commission under IC 3-11-4-5.1; and
(2) provide proof of identification;
before being permitted to vote. The application must be received by the circuit court clerk not later than the time prescribed by IC 3-11-4-3.
the county election board.
(e) (g) The absentee voter board in the office of the circuit court
clerk must permit voters to cast absentee ballots under this section for
at least seven (7) hours on each of the two (2) Saturdays preceding
election day.
(f) (h) Notwithstanding subsection (e), (g), in a county with a
population of less than twenty thousand (20,000), the absentee voter
board in the office of the circuit court clerk, with the approval of the
county election board, may reduce the number of hours available to
cast absentee ballots under this section to a minimum of four (4) hours
on each of the two (2) Saturdays preceding election day.
(g) (i) As provided by 42 U.S.C. 15481, a voter casting an absentee
ballot under this section must be:
(1) permitted to verify in a private and independent manner the
votes selected by the voter before the ballot is cast and counted;
(2) provided with the opportunity to change the ballot or correct
any error in a private and independent manner before the ballot is
cast and counted, including the opportunity to receive a
replacement ballot if the voter is otherwise unable to change or
correct the ballot; and
(3) notified before the ballot is cast regarding the effect of casting
multiple votes for the office and provided an opportunity to
correct the ballot before the ballot is cast and counted.
(h) (j) As provided by 42 U.S.C. 15481, when an absentee ballot is
provided under this section, the board must also provide the voter with:
(1) information concerning the effect of casting multiple votes for
an office; and
(2) instructions on how to correct the ballot before the ballot is
cast and counted, including the issuance of replacement ballots.
(i) (k) If:
(1) the voter is unable or declines to present the proof of
identification; or
(2) a member of the board determines that the proof of
identification provided by the voter does not qualify as proof of
identification under IC 3-5-2-40.5;
the voter shall be permitted to cast an absentee ballot and the voter's
absentee ballot shall be treated as a provisional ballot.
(j) (l) A voter casting an absentee ballot under this section is entitled
to cast the voter's ballot in accordance with IC 3-11-9.
resolution to authorize the circuit court clerk to establish satellite
offices in the county where voters may cast absentee ballots before an
absentee voter board.
(b) To be adopted under this section, a resolution must be adopted
by the unanimous vote of the board's entire membership.
(c) A resolution adopted under this section must do the following:
(1) State the locations of the satellite offices.
(2) State the hours at which absentee voting may occur at the
satellite offices.
(d) The resolution may contain other provisions the board considers
useful.
(e) If a resolution is adopted under this section for a primary
election, the locations of the satellite offices and the hours at which
absentee voting may occur at the satellite offices established for the
primary election must be used for the subsequent general or
municipal election.
(e) (f) If a resolution is adopted under this section, the procedure for
casting an absentee ballot at a satellite office must, except as provided
in this section, be substantially the same as the procedure for casting an
absentee ballot in the office of the circuit court clerk.
(f) (g) A voter casting an absentee ballot under this section is
entitled to cast the voter's ballot in accordance with IC 3-11-9.
(g) (h) A satellite office established by a circuit court clerk under
this section must comply with the polling place accessibility
requirements of IC 3-11-8.
inspector shall take the unopened absentee ballot envelope and
write upon the envelope the words "Unopened because voter
appeared and voted in person". The envelope shall be preserved
with other defective ballots.
(b) The county may:
(1) print all offices and public questions on a single ballot label; and
(2) include a ballot variation code to ensure that the proper version of a ballot label is used within a precinct.
(c) Each type of ballot label or paster must be of uniform size and of the same quality and color of paper (except as permitted under IC 3-10-1-17).
(d) The nominees of a political party or an independent candidate or independent ticket (described in IC 3-11-2-6) nominated by petitioners must be listed on the ballot label with the name and device set forth on the certification or petition. The circle containing the device may be of any size that permits a voter to readily identify the device. IC 3-11-2-5 applies if the certification or petition does not include a name or device, or if the same device is selected by two (2) or more parties or petitioners.
(e) The ballot labels must list the offices and public questions on the general election ballot in the order listed in IC 3-11-2-12, IC 3-11-2-12.2, IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a), IC 3-11-2-13(a) through IC 3-11-2-13(c), IC 3-11-2-14(a), and IC 3-11-2-14(d). Each office and public question may have a separate screen, or the offices and public questions may be listed in a continuous column either vertically or horizontally.
(f) The name of each office must be printed in a uniform size in bold type. A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office.".
(g) Below the name of the office and the statement required by
subsection (f), the names of the candidates for each office must be
grouped together in the following order:
(1) The major political party whose candidate received the highest
number of votes in the county for secretary of state at the last
election is listed first.
(2) The major political party whose candidate received the second
highest number of votes in the county for secretary of state is
listed second.
(3) All other political parties listed in the order that the parties'
candidates for secretary of state finished in the last election are
listed after the party listed in subdivision (2).
(4) If a political party did not have a candidate for secretary of
state in the last election or a nominee is an independent candidate
or independent ticket (described in IC 3-11-2-6), the party or
candidate is listed after the parties described in subdivisions (1),
(2), and (3).
(5) If more than one (1) political party or independent candidate
or ticket described in subdivision (4) qualifies to be on the ballot,
the parties, candidates, or tickets are listed in the order in which
the party filed its petition of nomination under IC 3-8-6-12.
(6) A space for write-in voting is placed after the candidates listed
in subdivisions (1) through (5), if required by law. A space for
write-in voting for an office is not required if there are no
declared write-in candidates for that office. However,
procedures must be implemented to permit write-in voting for
candidates for federal offices.
(7) The name of a write-in candidate may not be listed on the
ballot.
(h) The names of the candidates grouped in the order established by
subsection (g) must be printed in type with uniform capital letters and
have a uniform space between each name. The name of the candidate's
political party, or the word "Independent", if the:
(1) candidate; or
(2) ticket of candidates for:
(A) President and Vice President of the United States; or
(B) governor and lieutenant governor;
is independent, must be placed immediately below or beside the name
of the candidate and must be printed in uniform size and type.
(i) All the candidates of the same political party for election to at-large seats on the fiscal or legislative body of a political subdivision must be grouped together:
(1) under the name of the office that the candidates are seeking;
(2) in the party order established by subsection (g); and
(3) within the political party, in alphabetical order according to surname.
A statement reading substantially as follows must be placed immediately below the name of the office and above the name of the first candidate: "Vote for not more than (insert the number of candidates to be elected) candidate(s) of ANY party for this office.".
(j) Candidates for election to at-large seats on the governing body of a school corporation must be grouped:
(1) under the name of the office that the candidates are seeking; and
(2) in alphabetical order according to surname.
A statement reading substantially as follows must be placed immediately below the name of the office and above the name of the first candidate: "Vote for not more than (insert the number of candidates to be elected) candidate(s) for this office.".
(k) The cautionary statement described in IC 3-11-2-7 must be placed at the top or beginning of the ballot label before the first public question is listed.
(l) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d), and IC 3-11-2-10(e) may be:
(1) placed on the ballot label; or
(2) posted in a location within the voting booth that permits the voter to easily read the instructions.
(m) The ballot label must include a touch sensitive point or button for voting a straight political party or independent ticket (described in IC 3-11-2-6) by one (1) touch, and the touch sensitive point or button must be identified by:
(1) the name of the political party or independent ticket; and
(2) immediately below or beside the political party's or independent ticket's name, the device of that party or ticket (described in IC 3-11-2-5).
The name and device of each party or ticket must be of uniform size and type, and arranged in the order established by subsection (g) for listing candidates under each office. The instructions described in IC 3-11-2-10(c) for voting a straight party ticket and the statement concerning presidential electors required under IC 3-10-4-3 may be placed on the ballot label or in a location within the voting booth that
permits the voter to easily read the instructions.
(n) A public question must be in the form described in
IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitive
point or button must be used instead of a square. Except as expressly
authorized or required by statute, a county election board may not print
a ballot label that contains language concerning the public question
other than the language authorized by a statute.
(o) The requirements in this section:
(1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to ballots for electronic
voting systems.
(p) The procedure described in IC 3-11-2-16 must be used when a
ballot label does not comply with the requirements imposed by this title
or contains another error or omission that might result in confusion or
mistakes by voters.
(1) The total number of vote centers to be established.
(2) The location of each vote center.
(3) The effective date of the order.
(4) The following information according to the computerized list (as defined in IC 3-7-26.3-2) as of the date of the order:
(A) The total number of voters within the county.
(B) The number of active voters within the county.
(C) The number of inactive voters within the county.
(5) For each vote center designated under subdivision (2), a list of the precincts whose polls will be located at the vote center consistent with section
(6) For each vote center designated under subdivision (2), the number of precinct election boards that will be appointed to administer an election at the vote center.
(7) For each precinct election board designated under subdivision
(6), the number and name of each precinct the precinct election
board will administer consistent with section 12 13 of this
chapter.
(8) For each vote center designated under subdivision (2), the
number and title of the precinct election officers who will be
appointed to serve at the vote center.
(9) For each vote center designated under subdivision (2):
(A) the number and type of ballot variations that will be
provided at the vote center; and
(B) whether these ballots will be:
(i) delivered to the vote center before the opening of the
polls; or
(ii) printed on demand for a voter's use.
(10) A detailed description of any hardware, firmware, or
software used:
(A) to create an electronic poll list for each precinct whose
polls are to be located at a vote center; or
(B) to establish a secure electronic connection between the
county election board and the precinct election officials
administering a vote center.
(11) A description of the equipment and procedures to be used to
ensure that information concerning a voter entered into any
electronic poll list used by precinct election officers at a vote
center is immediately accessible to:
(A) the county election board; and
(B) the electronic poll lists used by precinct election officers
at all other vote centers in the county.
(12) For each precinct designated under subdivision (5), the
number of electronic poll lists to be provided for the precinct.
(13) The security and contingency plans to be implemented by the
county to do all of the following:
(A) Prevent a disruption of the vote center process.
(B) Ensure that the election is properly conducted if a
disruption occurs.
(C) Prevent access to an electronic poll list without the
coordinated action of two (2) precinct election officers who are
not members of the same political party.
(14) A certification that the vote center complies with the
accessibility requirements applicable to polling places under
IC 3-11-8.
(15) A sketch depicting the planned layout of the vote center,
indicating the location of:
(A) equipment; and
(B) precinct election officers;
within the vote center.
(16) The total number
(17) The method and timing of providing voter data to persons who are entitled to receive the data under this title. Data shall be provided to all persons entitled to the data without unreasonable delay.
(b) For a county to amend its plan:
(1) the county election board (or board of elections and registration established under IC 3-6-5.2 or IC 3-6-5.4), by unanimous vote of the entire membership of the board, must approve the plan amendment;
(2) all members of the board must sign the amendment; and
(3) the amendment must be filed with the election division.
(c) A plan amendment takes effect immediately upon filing with the election division, unless otherwise specified by the county election board.
(1) IC 3-11-4-22.
(2) IC 3-11-10-1.5.
(3) IC 3-11-10-3.
(4) IC 3-11-10-5.
(5) IC 3-11-10-6.
(6) IC 3-11-10-7.
(7) IC 3-11-10-8.
(8) IC 3-11-10-9.
(9) IC 3-11-10-11.
(10) IC 3-11-10-12.
(11) IC 3-11-10-12.5.
(12) IC 3-11-10-13.
(13) IC 3-11-10-14.
(14) IC 3-11-10-15.
(15) IC 3-11-10-16.
(16) IC 3-11-10-17.
(17) IC 3-11-10-18.
(18) IC 3-11-10-20.
(19) IC 3-11-10-21.
(20) IC 3-11-10-22.
(21) IC 3-11-10-23.
(22) IC 3-11-10-31.
(23) IC 3-11-10-32.
(1) Mark the poll list.
(2) Attach the certificates of voters who have registered and voted under IC 3-7-36-14 to the poll list.
The poll clerks shall sign the statement printed on the certificate indicating that the inspector marked the poll list and attached the certificates under this section in the presence of both poll clerks to indicate that the absentee ballot of the voter has been received by the
county election board.
(b) If a person listed in the certificate has voted in person at the
polls before the delivery of the certificate, the inspector shall initial the
voter's name on the certificate in the presence of both poll clerks. The
poll clerks shall sign the statement printed on the certificate supplied
under section 1 of this chapter indicating that the inspector initialed the
names of voters under this subsection in the presence of both poll
clerks.
(c) (b) The inspector shall then deposit:
(1) the certificate prepared under section 1 of this chapter;
(2) the certificate prepared under section 8 of this chapter; and
(3) any challenge affidavit executed by a qualified person under
section 16 of this chapter;
in an envelope in the presence of both poll clerks.
(d) (c) The inspector shall seal the envelope. The inspector and each
poll clerk shall then sign a statement printed on the envelope indicating
that the inspector or poll clerk has complied with the requirements of
this chapter governing the marking of the poll list and certificates.
(e) (d) The couriers shall immediately return the envelope described
in subsection (c) (b) to the county election board. Upon delivering the
envelope to the county election board, each courier shall sign a
statement printed on the envelope indicating that the courier has not
opened or tampered with the envelope since the envelope was delivered
to the courier.
(1) the affidavit is properly executed;
(2) the signatures correspond;
(3) the absentee voter is a qualified voter of the precinct;
(4) the absentee voter is registered and is not required to file additional information with the county voter registration office under IC 3-7-33-4.5;
the absentee ballot counters shall open the envelope containing the absentee ballots so as not to deface or destroy the affidavit and take out each ballot enclosed without unfolding or permitting a ballot to be
unfolded or examined.
(b) If the absentee ballot counters find under subsection (a) that the
voter has not filed the additional information required to be filed with
the county voter registration office under IC 3-7-33-4.5, but that all of
the other findings listed under subsection (a) apply, the absentee ballot
shall be processed as a provisional ballot under IC 3-11.7.
(c) The absentee ballot counters shall then deposit the ballots in a
secure envelope with the name of the precinct set forth on the outside
of the envelope. After the absentee ballot counters or the county
election board has made the findings described in subsection (a) or
section 13 of this chapter for all absentee ballots of the precinct, the
absentee ballot counters shall remove all the ballots deposited in the
envelope under this section for counting under IC 3-11.5-5 or
IC 3-11.5-6.
(b) Notwithstanding IC 3-5-4-1.5 and any legal holiday observed under IC 1-1-9, all provisional ballots must be counted by not later than
(1) was challenged under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26 as a result of the voter's inability or declination to provide proof of identification; and
(2) cast a provisional ballot;
may personally appear before the circuit court clerk or the county election board not later than
(b) Except as provided in subsection (c) or (e), if the voter:
(1) provides proof of identification to the circuit court clerk or county election board; and
(2) executes an affidavit before the clerk or board, in the form prescribed by the commission, affirming under the penalties of perjury that the voter is the same individual who:
(A) personally appeared before the precinct election board; and
(B) cast the provisional ballot on election day;
the county election board shall find that the voter's provisional ballot
is valid and direct that the provisional ballot be opened under section
4 of this chapter and processed in accordance with this chapter.
(c) If the voter executes an affidavit before the circuit court clerk or
county election board, in the form prescribed by the commission,
affirming under the penalties of perjury that:
(1) the voter is the same individual who:
(A) personally appeared before the precinct election board;
and
(B) cast the provisional ballot on election day; and
(2) the voter:
(A) is:
(i) indigent; and
(ii) unable to obtain proof of identification without the
payment of a fee; or
(B) has a religious objection to being photographed;
the county election board shall determine whether the voter has been
challenged for any reason other than the voter's inability or declination
to present proof of identification to the precinct election board.
(d) If the county election board determines that the voter described
in subsection (c) has been challenged solely for the inability or
declination of the voter to provide proof of identification, the county
election board shall:
(1) find that the voter's provisional ballot is valid; and
(2) direct that the provisional ballot be:
(A) opened under section 4 of this chapter; and
(B) processed in accordance with this chapter.
(e) If the county election board determines that a voter described in
subsection (b) or (c) has been challenged for a cause other than the
voter's inability or declination to provide proof of identification, the
board shall:
(1) note on the envelope containing the provisional ballot that the
voter has complied with the proof of identification requirement;
and
(2) proceed to determine the validity of the remaining challenges
set forth in the challenge affidavit before ruling on the validity of
the voter's provisional ballot.
(f) If a voter described by subsection (a) fails by the deadline for
counting provisional ballots referenced in subsection (a) to:
(1) appear before the county election board; and
(2) execute an affidavit in the manner prescribed by subsection
(b) or (c);
the county election board shall find that the voter's provisional ballot
is invalid.
(b) The state recount commission may adopt orders extending the deadline for completion of a recount or contest to a date specified in the order if the commission finds that there is good cause to do so.
(c) Not later than seven (7) days after the state recount commission completes a recount, the election division shall prepare two (2) certified statements showing the total number of votes that each candidate received. The election division shall transmit one (1) statement to the candidate receiving the highest number of votes for the office. After the statements have been prepared, the secretary of state shall deliver the other statement to the presiding officer of the house in which the successful candidate is to be seated.
(d) The statement shall be referred by the presiding officer for such action as that house considers appropriate.
(b) This subsection applies to a contest proceeding for a state office other than the offices of governor, lieutenant governor, justice of the supreme court, judge of the court of appeals, and judge of the tax court. Whenever the commission makes a final determination under section 18(b) of this chapter that the candidate who is subject to a contest proceeding is not eligible to serve in the office to which the candidate is elected the following apply:
(1) This subdivision does not apply to the filling of a state office following a contest proceeding or court action that resulted from an election held before January 1, 2011. The office is considered vacant, and the governor shall fill the
vacancy as provided in IC 3-13-4-3(e) by the appointment of
a person of the same political party as the candidate who is
not eligible to serve.
(2) The commission's determination that the candidate is not
eligible to serve in the office does not affect the votes cast for
the candidate for purposes of determining the number or
percentage of votes cast for purposes of other statutes,
including IC 3-5-2-30, IC 3-6-2-1, IC 3-6-4.1-6, IC 3-6-5.2-7,
IC 3-6-6-8, IC 3-6-7-1, IC 3-6-8-1, IC 3-8-4, IC 3-8-6,
IC 3-10-1-2, IC 3-10-2-15, IC 3-10-4-2, IC 3-10-6,
IC 3-10-7-26, IC 3-11-2-6, IC 3-11-13-11, IC 3-11-14-3.5,
IC 3-13-9-4.5, IC 6-9-2-3, IC 20-23-7-12, and IC 36-4-1.5-2.
(1) the state chairman, or a person designated by the state chairman, for a caucus or committee acting under section 3, 4, 5, or 6(b) of this chapter; or
(2) the county chairman of the county in which the greatest percentage of the population of the election district is located, or an individual designated by the county chairman, for a caucus or committee acting under section 6(a) of this chapter.
(1) be in writing on a form prescribed by the commission;
(2) state the name of the chairman of the meeting;
(3) state the purpose of the meeting;
(4) state the date, time, and place of the meeting;
(5) be sent by first class mail, at least ten (10) days before the meeting, to all persons eligible to participate in the meeting; and
(6) be filed
(1) the chairman of the caucus or committee conducting a meeting under this chapter; and
(2) the official who is required to receive a certificate of candidate selection following the caucus under section 15 of this chapter;
at least seventy-two (72) hours before the time fixed for the caucus or committee meeting.
(b) A candidate's declaration of candidacy must include a statement that the candidate requests the name on the candidate's voter registration record be the same as the name the candidate uses on the declaration of candidacy. If there is a difference between the name on the candidate's declaration of candidacy and the name on the candidate's voter registration record, the officer with whom the declaration of candidacy is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the candidate's voter registration record to be the same as the name on the candidate's declaration of candidacy.
(1) establish the
(2) select, by a majority vote of those casting a vote for a candidate, a person to fill the candidate vacancy described in the call for the meeting.
(b) If more than one (1) person seeks to fill the vacancy, the selection shall be conducted by secret ballot.
(1) The name of each candidate as:
(A) the candidate wants the candidate's name to appear on the ballot; and
(B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
(2) The residence address of each candidate.
(b) The certificate shall be filed with:
(1) the election division for:
(A) a committee acting under section 3, 4, 5, or 6(b) of this chapter; or
(B) a committee acting under section 6(a) of this chapter to fill a candidate vacancy in the office of judge of a circuit, superior, probate, county, or small claims court or prosecuting attorney; or
(2) the circuit court clerk, for a committee acting under section 6(a) of this chapter to fill a candidate vacancy for a local office not described in subdivision (1).
(c) This subsection applies to a candidate vacancy resulting from a vacancy on the primary election ballot as described in section 2 of this chapter. The certificate required by subsection (a) shall be filed not later than noon July 3 before election day.
(d) This subsection applies to all candidate vacancies not described by subsection (c). The certificate required by subsection (a) shall be filed not
(b) If a state officer wants to resign from office, the state officer must resign as provided in IC 5-8-3.5.
(c) A vacancy that occurs in a state office because of the death of the state officer may be certified to the governor under IC 5-8-6. The governor may not fill a vacancy as provided by law until the governor receives notice of the death under IC 5-8-6.
(d) A vacancy that occurs in a state office other than by resignation or death shall be certified to the governor by the circuit court clerk of the county in which the officer resided.
(e) The governor shall fill a vacancy in a state office by appointment
(f) The person who is appointed by the governor holds office for the remainder of the unexpired term and until a successor is elected and qualified.
(b) A person who desires to be a candidate to fill a vacancy under this chapter must file:
(1) a declaration of candidacy with the chairman of the caucus; and
(2) a statement of economic interests under IC 2-2.1-3-2 with the secretary of the senate or principal clerk of the house of representatives;
at least seventy-two (72) hours before the time fixed for the caucus.
(c) In addition to the procedures prescribed by this chapter, the chairman and precinct committeemen may adopt rules of procedure that are necessary to conduct business.
(1) of the county in which the greatest percentage of the population of the election district is located; and
(2) of the same political party that elected or selected the official who vacated the office to be filled;
(or an individual designated by the county chairman) is the chairman of a caucus held under this chapter. The chairman is not eligible to vote in the caucus unless the chairman is also a member of the caucus.
(1) delivers a ballot to a person other than
(2) prints a ballot in any form other than the one prescribed by law; or
(3) prints a ballot containing any names, spellings, or arrangements other than as authorized by the commission or a county election board;
commits a Class D felony.
(1) Hand delivery to the county voter registration office.
(2) Delivery by the United States Postal Service, using first class mail.
(b) A county voter registration office:
(1) shall process a voter registration application transmitted in electronic format from a license branch; and
(2) is not required to receive the paper copy of a voter registration application from a license branch before:
(A) approving or denying the application; and
(B) mailing a notice of approval or denial to the applicant.
(b) A member of the executive must reside within:
(1) the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana; and
(2) the district from which the member was elected.
(c) Except as provided in subsection (e), if the person does not remain a resident of the county and district after taking office, the person forfeits the office. The county fiscal body shall declare the office vacant whenever a member of the executive forfeits office under this subsection.
(d) In a county having a population of:
(1) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
(2) more than two hundred thousand (200,000) but less than three hundred thousand (300,000);
one (1) member of the executive shall be elected by the voters of each of the three (3) single-member districts established under section 4(b) or 4(c) of this chapter. In other counties, all three (3) members of the executive shall be elected by the voters of the whole county.
(e) This subsection applies to a member of the executive who must reside within the district from which the member was elected. A person who:
(1) has begun a term of office as a member of the executive; and
(2) is relocated outside the member's district as the result of the state's acquisition of the member's residence for a public use;
may complete the member's term of office as long as the member remains a resident of the county that contains the member's district.
(b) A member of the fiscal body must reside within:
(1) the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana; and
(2) the district from which the member was elected, if applicable.
(c) Except as provided in subsection (d), a member who fails to comply with subsection (b) forfeits the office.
(d) This subsection applies to a member of the fiscal body who must reside within the district from which the member was elected. A person who:
(1) has begun a term of office as a member of the fiscal body; and
(2) is relocated outside the member's district as the result of the state's acquisition of the member's residence for a public use;
may complete the member's term of office as long as the member remains a resident of the county that contains the member's district.
(1) Oaths necessary in the performance of the auditor's duties.
(2) The oath of office to an officer who receives the officer's certificate of appointment
(3) Oaths relating to the duty of an officer who receives the officer's certificate of appointment
(4) The oath of office to a member of the board of directors of a solid waste management district established under IC 13-21 or IC 13-9.5 (before its repeal).
(b) The auditor may take acknowledgments of deeds and mortgages executed for the security of trust funds the auditor is required to lend.
; (11)HE1242.1.93. --> SECTION 93. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 3-5-4-6; IC 3-7-12-3; IC 3-11-4-6.1; IC 3-11-8-6.5; IC 3-11-10-33; IC 3-11-11-1.5; IC 3-11-11-1.6; IC 3-11.5-4-19.
(b) This SECTION applies to a petition approved by the commission under IC 3-5-4-8 after December 1, 2010, for a primary candidate under IC 3-8-2-8 or IC 3-8-3.
(c) Notwithstanding IC 3-8-2 and IC 3-8-3, both as amended by this act, a petition approved by the commission complies with the requirements of IC 3 and may be used by a candidate.
(d) This SECTION expires December 31, 2012.
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned
