OMB Control No. 3265-0006 1 Expiration Date 5/31/2013

U.S. ELECTION ASSISTANCE COMMISSION

 2012 Election Administration & Voting Survey

Indiana

Statutory Overview

In order to better understand state laws governing federal elections, the U.S. Election 

Assistance Commission, as part of its biennial Election Administration and Voting 

Survey, is collecting information on state election laws and procedures. These answers 

will help EAC to better understand the quantitative data relating to the 2012 general 

election that we are collecting from all U.S. states and territories.

EAC understands that responding to this Statutory Overview may require significant 

staff time on the part of your office. Please be assured that we have attempted to 

minimize the burden, and we appreciate your cooperation in this very important 

project.

Information Supplied By 

Name J. Bradley King and Trent Deckard

Title Co-Directors

Office/Agency Name Indiana Election Division

Address 1 302 West Washington Street

Address 2 Room E-204

City Indianapolis

State IN

Zip Code 46204

Email Address elections@iec.in.gov

Telephone (area Code and number) 317-232-3939

Fax Number (area code and number) 317-233-6793
OMB Control No. 3265-0006 2 Expiration Date 5/31/2013

DIRECTIONS AND EXAMPLE

Please provide your state’s legal citation for the responses to these questions (where 

applicable). Prior to beginning the Statutory Overview, please ensure that “track 

changes” is turned on; this will provide a record of all changes that are made including 

insertions, deletions, and formatting changes. To turn on track changes hold down 

“Control” and “Shift” and “E” at the same time. For additional assistance in working 

with “track changes” please contact your Technical Assistance point of contact at ICF 

International. 

We have provided you with your answers to the 2010 Statutory Overview. If there has 

not been a change in your State’s laws or legal citation in the response to a question, 

please mark No Change Since 2010 with an “X” as shown below:

__X__ No Change Since 2010

If the response has changed since 2010, please mark Changed Since 2010 with an “X”

and modify the answer as needed using track changes. If you need to replace the entire 

answer, please delete the 2010 response and record your 2012 response between the red 

bracketed text lines, as described below.

__X__ Changed Since 2010

Please answer each question to the best of your ability. If terms are ambiguous or not 

relevant, please explain why. If a question is not applicable to your state, please explain 

why. If a definition or term lacks statutory reference but is widely understood in 

practice, please explain. If election procedures vary at the local level within your state, 

please explain to the best of your ability.

If state laws are currently enjoined or otherwise blocked from enforcement by a state or 

federal court, or executive decision, please specify.

Please keep your responses between the red, bracketed text lines. This will help us 

extract your answers into our central database.

Example:

A1. How does your state define the following terms related to votes and ballots? Please 

provide your state’s legal citation defining these terms, where applicable.

a. Over-vote

[Begin definition (a) below this line.]

Your answer goes here. You may enter the text directly, or cut and paste from 

another word processing program.

There is no limit to the length of your response.

[End definition (a) above this line.]
OMB Control No. 3265-0006 3 Expiration Date 5/31/2013

SECTION A: GENERAL 

A1. How does your state define the following terms related to votes and ballots? Please 

provide your state’s legal citation defining these terms, where applicable.

a. Over-vote

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin definition (a) below this line.]

This term is not used or defined in Indiana election law. There are statutes 

describing how ballots are to be counted when different types of over-votes occur. 

Indiana Code 3-12-1-7 sets forth several examples.

[End definition (a) above this line.]

b. Under-vote

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin definition (b) below this line.]

This term is not used or defined in Indiana election law. 

[End definition (b) above this line.]

c. Blank ballot

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin definition (c) below this line.]

This term is not used or defined in Indiana election law.

[End definition (c) above this line.]

d. Void/Spoiled ballot

__X__ No Change Since 2010 _____ Changed Since 2010
OMB Control No. 3265-0006 4 Expiration Date 5/31/2013

2010 Response:

[Begin definition (d) below this line.]

This term is not defined in Indiana election law, but is used in Indiana Code 

3-12-1 to describe several types of ballots which are considered “void”:

IC 3-12-1-2. Ballot void if not properly endorsed; absentee ballots

 Sec. 2. (a) This section does not apply to absentee ballots.

 (b) The whole ballot may not be counted, subject to section 12 of this chapter, if the ballot 

is not endorsed with the initials of the poll clerks.

IC 3-12-1-3. Ballot void if it bears distinguishing mark or mutilation

 Sec. 3. The whole ballot is void if the ballot bears any distinguishing mark (other than a 

voting mark) or a mutilation made by the voter or an election officer with the intent to enable 

a person to determine who cast the marked or mutilated ballot.

IC 3-12-1-4. Ballot void for extrinsic act; erasures

 Sec. 4. (a) The whole ballot is void if a voter does any act extrinsic to the ballot, such as 

enclosing any paper or other article in the folded ballot, with the intent to enable a person to 

determine that the voter cast the ballot.

 (b) An erasure by a voter does not make the whole ballot void unless made with the intent 

to enable a person to determine who cast the ballot, but it does not register a vote for the 

elected office, political party office, or public question for which it is made.

IC 3-12-1-10. 

Void ballot

 Sec. 10. A ballot on which a voter writes:

 (1) the voter's name;

 (2) the voter's initials;

 (3) a number; or

 (4) a symbol (such as a star, circle, parallel lines, dots, or any combination of such 

symbols), if written with the intent to enable a person to determine who cast the ballot;

is void.
OMB Control No. 3265-0006 5 Expiration Date 5/31/2013

IC 3-12-1-12. 

Application to votes cast by any method; counting vote made invalid by mistake or 

inadvertence of election officer

 Sec. 12. (a) This section applies to votes cast by any method.

 (b) Except as provided in section 13 of this chapter, a ballot that has been marked and cast 

by a voter in compliance with this title but may otherwise not be counted solely as the result 

of the act or failure to act of an election officer may nevertheless be counted in a proceeding 

under IC 3-12-6, IC 3-12-8, or IC 3-12-11 unless evidence of fraud, tampering, or 

misconduct affecting the integrity of the ballot is presented by a party to the proceeding.

 (c) The act or failure to act by an election officer is not by itself evidence of fraud, 

tampering, or misconduct affecting the integrity of the ballot.

IC 3-12-1-13. 

Absentee ballots; necessary endorsements

 Sec. 13. (a) This section applies only to absentee ballots.

 (b) The whole ballot may not be counted unless the ballot is endorsed with the initials of:

(1) the two (2) members of the absentee voter board in the office of the circuit court 

clerk under IC 3-11-4-19 or IC 3-11-10-26; or

(2) the two (2) appointed members of the county election board (or their designated 

representatives) under IC 3-11-4-19.

The term “spoiled ballot” is also used in connection with the opportunity to obtain a 

replacement absentee ballot (IC 3-11-4-17.7; IC 3-11-10-25; IC 3-11-10-26) or a replacement 

ballot voted at the polls (IC 3-11-13-28.5, IC 3-11-13-29 and IC 3-11-13-35).

[End definition (d) above this line.]

e. Provisional/Challenged ballot

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin definition (e) below this line.]

“Provisional ballot” is defined at Indiana Code 3-5-2-40.6:
OMB Control No. 3265-0006 6 Expiration Date 5/31/2013

 Sec. 40.6. "Provisional ballot" refers to a ballot cast in accordance with the 

provisions of IC 3-11.7.

[End definition (e) above this line.]

f. Absentee

____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin definition (f) below this line.]

The term “absentee” is not defined in Indiana election law. The procedures and 

qualifications for voting by absentee ballot are described in detail at Indiana Code 

3-11-4 and 3-11-10.

[End definition (f) above this line.]

g. Early voting

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin definition (g) below this line.]

The term “early voting” is not defined or used in Indiana law. As discussed 

below, Indiana law provides for “no excuse needed” absentee balloting in the 

county election office before election day, not for “early voting.”

[End definition (g) above this line.]

h. Active Voter

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin definition (h) below this line.]

The term “active voter” is used for two purposes in Indiana law: to define the 

maximum number of voters who may be included within a proposed precinct’s 

boundaries (Indiana Code 3-11-1.5-3), and in Indiana Code 3-7-38.2 as part of the 

description of the National Voter Registration Act process for voter list 

maintenance. See IC 3-5-2-1.7.

[End definition (h) above this line.]
OMB Control No. 3265-0006 7 Expiration Date 5/31/2013

i. Inactive Voter

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin definition (i) below this line.]

The term “inactive voter” is not defined in Indiana law. It is used in Indiana Code 

3-7-38.2-2 and 3-7-38.2-10 as part of the description of the National Voter 

Registration Act process for voter list maintenance.

[End definition (i) above this line.]

j. Other terms (please specify) ________________

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Identify each TERM and definition separately and begin below this line.]

[End TERM(s) and definition(s) above this line.]

A2. Please provide the legal citation for any significant changes to election laws or 

procedures that have been enacted or adopted since the previous Federal election. 

“Significant” does not include routine or technical changes (such as changes to election 

district boundaries or polling place changes). However, EAC would like to learn about 

any new identification requirements for voters or registrants; changes in eligibility for 

voting or registering; adoption of alternative voting methods; and other changes that 

you believe represent a significant change in the way your state runs its elections.

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (A2) below this line.]

There have been no “significant” changes (as defined above) since November 2010. In 2012, 

state seven counties used Vote Centers (formerly known as the “vote center pilot program”)

during the May Primary election. A total of seven counties are expected to use Vote Centers 

for the November 2012 General.

[End response to above question (A2) above this line.]
OMB Control No. 3265-0006 8 Expiration Date 5/31/2013

SECTION B: VOTER REGISTRATION 

B1. Is your state’s voter registration database system best described as a bottom-up, a 

top-down, or a hybrid? (Note: A bottom-up system generally uploads information 

retained at the local level and compiled at regular intervals to form the statewide voter 

registration list. A top-down system is hosted on a single, central platform/mainframe 

and is generally maintained by the state with information supplied by local 

jurisdictions. A hybrid is some combination of both systems described above.)

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (B1) below this line.]

Top-down.

[End response to above question (B1) above this line.]

If your state uses a bottom-up or hybrid system, how often do local jurisdictions 

transmit registration information to the state list?

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above clarification question to B1 below this line.]

NA

[End response to above clarification question to B1 above this line.]

B2. Please describe the process used in your state to move voters from the active list to 

the inactive list, and from the inactive list to the active list. Is a different process used 

for UOCAVA voters?

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (B2) below this line.]

County voter registration offices move voters from active status to inactive status, and from 

inactive status to active status. 

For detailed information concerning this process, seeIndiana Code 3-7-38.2.
OMB Control No. 3265-0006 9 Expiration Date 5/31/2013

Indiana Code 3-7-38.2-9 provides that if a county voter registration office determines that a 

UOCAVA voter is listed with an address that does not include an APO designation, and the 

county voter registration office is advised that the voter’s residence may have changed, the 

voter registration office “may disregard the notification of change of residence and is not 

required to act” under IC 3-7-38.2 to reclassify this registration. 

[End response to above question (B2) above this line.]

B3. Please describe your state’s process for removing voters from the voter registration 

rolls (not merely moving them from active to inactive). Please include information 

regarding notices and confirmations. Are these procedures the same for UOCAVA 

voters?

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (B3) below this line.]

County voter registration offices move voters from active status to canceled status. 

For detailed information concerning this process and the notices and confirmations used, see 

Indiana Code 3-7-38.2.

Other than as noted in B.2, a different process is not used for UOCAVA voters.

[End response to above question (B3) above this line.]

B4. Can your state’s voter registration database (or equivalent) share information 

electronically with your state’s driver’s license agency (for example, to match records 

or trace changes in address)? Can your voter registration database be similarly linked 

with databases in any other state or federal agencies? Please describe these links, 

including any use of database matching to verify voter registration applications.

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (B4) below this line.]

The statewide voter registration system shares information electronically with the Bureau of 

Motor Vehicles (and with the federal Social Security Administration through a link via the 

BMV); with the Indiana Department of Health, and with the Indiana Department of 

Correction.
OMB Control No. 3265-0006 10 Expiration Date 5/31/2013

The Department of Health database is used to identify deceased voters. The Department of 

Correction database is used to identify voters who have been imprisoned following 

conviction.

[End response to above question (B4) above this line.]

B5. Please describe how your state uses National Change of Address (NCOA). What has 

been your state’s experience with NCOA?

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (B5) below this line.]

For detailed information concerning the use of the National Change of Address Program, see 

Indiana Code 3-7-38.2, particularly 3-7-38.2-5 through 3-7-38.2-8.

[End response to above question (B5) above this line.]

B6. Please describe your state’s voting eligibility requirements as they relate to 

individuals with a felony conviction. (For example, are convicted felons allowed to vote 

while in prison or while on parole or probation? Are voting rights automatically 

restored or does the individual have to apply for a pardon, certificate of eligibility or 

other similar certificate? Does an individual whose voting rights have been restored 

have to produce documentation of his/her status when registering to vote?)

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (B6) below this line.]

(1) Convicted felons are allowed to register and vote while on parole or probation. A 

convicted felon is not allowed to register and vote during imprisonment for that 

crime.

(2) Voting rights are restored when the individual is released from lawful custody and reregisters. A previously cancelled registration is not automatically restored without 

the individual re-registering through their county Voter Registration office.

(3) No.

[End response to above question (B6) above this line.]
OMB Control No. 3265-0006 11 Expiration Date 5/31/2013

B7. Does your state currently use the Internet in any way to facilitate voter 

registration? If yes, please describe how your state allows voters to use the Internet in 

the registration process (e.g., entire registration completed online; completed online but 

then must be printed, signed, and mailed by voter, etc.). 

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (B7) below this line.]

Indiana Code 3-7-26.7 required the Office of the Secretary of State (SOS) and Indiana 

Election Division (IED) to implement an online voter registration solution (OVRS) on July 1, 

2010. The State of Indiana passed this legislation as part of its ongoing focus to reduce errors 

associated with paper-based voter registration applications, as well as the State’s goal to offer 

more and easier voter registration opportunities for Indiana residents.

On July 1, 2010, Online Voter Registration (OVR) was added to the IndianaVoters.com 

website. The OVR solution was developed to create a portal for the submission of 

applications through website to be sent directly to the Indiana Statewide Voter Registration 

System (IN SVRS). The applications are directed through the system to county voter 

registration officials for processing. The information collected matches the standard data 

fields captured on the standard voter registration application.

The State’s final design of the OVRS’ workflow entails a simple, 5-step online voter 

registration application process, which is outlined in the graphic below. 

The State’s OVRS has a real-time interface with the Indiana Bureau of Motor Vehicles to 

allow SOS/IED to validate a driver’s license number (DLN) or State identification number 

(SID) during the online voter registration process. Upon completion of the online voter 

registration solution, an applicant’s voter registration information is transmitted via the 

State’s Statewide Voter Registration System (SVRS) to the appropriate county voter 

registration office. County voter registration officials then process incoming online voter 

registration applications via an SVRS task manager where a county user can review the voter 

registration application information, review any potential flags associated with the 

application (e.g. potential duplicate to existing voter registration record, potential 

Department of Health death record match, potential Department of Correction incarceration 

match, etc.), and then mark the registration application as approved or rejected. County voter 

registration officials will also have the ability to transfer an online voter registration 

application to another county voter registration office, when necessary.
OMB Control No. 3265-0006 12 Expiration Date 5/31/2013

In order to use the new Online Voter Registration Solution, an applicant must (1) possess a 

valid and current Indiana Driver License or Indiana State ID that is issued by the Indiana 

Bureau of Motor Vehicles and (2) the Indiana Bureau of Motor Vehicles must have a 

signature on-file for the applicant. State law (IC 3-7-32-2) does not require an additional 

signature by the voter as part of the online registration process. Instead, the applicant’s BMV 

signature is attached by the Online Voter Registration Solution to the applicant’s online 

registration application submission and used for voter registration purposes. 

If an individual does not possess a valid and current Indiana Driver License ID or Indiana 

State ID, he/she can still register to vote via several other common means, including: 

completing a mail-in voter registration form and mailing it to the appropriate county voter 

registration office, completing a mail-in voter registration form and mailing it to the Indiana 

Election Division, registering to vote at one of the state’s National Voter Registration Act 

(NVRA) “full service voter registration” agencies such as a Bureau of Motor Vehicles branch 

office, and registering to vote at the appropriate county voter registration office.

The Online Voter Registration system and IndianaVoters.com website is secured with SSL 

encryption to ensure security. All transmitted information is converted to a secured mode, 

using encryption through secured socket layer (SSL). As soon as a user enters 

www.indianavoters.in.gov, all personal information is encrypted when sent from or received

from the user.

[End response to above question (B7) above this line.]
OMB Control No. 3265-0006 13 Expiration Date 5/31/2013

SECTION C: ELECTION ADMINISTRATION 

 

C1. Please describe how all votes cast at a place other than the voter’s precinct of

registration are tabulated (for example, please include descriptions of such votes as

absentee ballots, mail-in ballots, votes cast at vote centers, provisional ballots, early 

voting locations, etc.). 

a. Are the votes counted centrally or at the precincts?

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (a) below this line.]

Each county election board determines whether votes are counted centrally or at the 

precincts. Unless a county election board acts otherwise, all in-person votes and 

absentee ballots are counted by precinct election boards (or at vote centers in the eight

counties using this concept). 

A county may choose, by bipartisan resolution, to count all absentee ballots at a 

central location in the county.

The validity of a provisional ballot is always determined by the county election board,

and therefore counted centrally. 

[End response to above question (a) above this line.]

b. If centrally tabulated, are the votes redirected to the appropriate

 precinct for reporting in the canvass?

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (b) below this line.]

Votes from centrally counted ballots counted are added to the appropriate precinct’s 

results.

[End response to above question (b) above this line.]

c. Are the absentee, mail, etc., votes reported separately for each precinct,

 or are they added to the in-precinct results and reported as just a single 

 number?

__X__ No Change Since 2010 _____ Changed Since 2010
OMB Control No. 3265-0006 14 Expiration Date 5/31/2013

2010 Response:

[Begin response to above question (c) below this line.]

The results from absentee ballots are reported separately for each precinct.

[End response to above question (c) above this line.]

d. How are UOCAVA ballots counted and reported?

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (d) below this line.]

UOCAVA ballots are counted in the same manner as other ballots, with the exception 

that if a full regular absentee ballot is received from a UOCAVA voter after a federal 

or state write-in ballot is received from that voter, the full regular absentee ballot is 

counted, not the write-in ballot.

As required by 42 U.S.C. 1973ff-1(c), each county election board submits a report to 

the Indiana Election Division setting forth the combined number of absentee ballots 

transmitted by the county election board to absent uniformed and overseas voters for 

the election and returned by these voters and cast in the election.

[End response to above question (d) above this line.]

C2. Does your state require a reason for voting absentee, or does your state allow noexcuse absentee voting? (If a reason is required, please provide the legal citation.)

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (C2) below this line.]

State law does not require a reason for voting absentee if a voter casts an absentee ballot in 

person at the county election board office.

Indiana Code 3-11-10-24 requires a reason for voting absentee if a voter requests an absentee 

by mail. 

Indiana Code 3-11-10-25 requires a reason for voting absentee if a voter requests to cast 

before an absentee ballot board that visits the voter’s place of confinement, residence of a 

voter with disabilities, or a private residence.

[End response to above question (C2) above this line.]
OMB Control No. 3265-0006 15 Expiration Date 5/31/2013

C3. Does your state provide for in-person early voting? If so, how is early voting 

defined? When early voting is used, are the ballots counted at the precinct or at a 

central location? How are these votes reported?

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (C3) below this line.]

Indiana law permits any voter to cast an absentee ballot in person at the county election 

office. Some people refer to this procedure as “early voting”, although the term is not used in 

Indiana law. Like all absentee ballots, if an “early voter” is subsequently disqualified before 

election day (due to death, for example), the absentee ballot of that voter is not counted.

These absentee ballots are counted and reported in the same manner as other types of 

absentee ballots (see paragraph C1). 

[End response to above question (C3) above this line.]

C4. Do any jurisdictions in your state use a vote-by-mail system to replace (and not 

merely supplement) at-the-precinct voting in any elections?

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (C4) below this line.]

No.

[End response to above question (C4) above this line.]

C5. Please list each of the situations that require a provisional ballot in your state. 

Please provide the relevant legal citation for each situation.

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (C5) below this line.]

When an individual is challenged as not eligible to vote (Indiana Code 3-11.7-2-1(a)(1) or 

(a)(2)).
OMB Control No. 3265-0006 16 Expiration Date 5/31/2013

When an individual seeks to vote in an election as the result of a court order (or other order) 

extending the time established by state law for closing the polls (Indiana Code 3-11.7-2-

1(a)(3))

When an individual is unable or declines to present required proof of identification (Indiana 

Code 3-11.7-5-2.5)

When an individual has registered to vote by mail, has not previously voted in a general 

election (or special federal election) in Indiana, and has not presented the additional 

documentation required by 42 U.S.C. 15483 (Indiana Code 3-11.7-2-1(b))

[End response to above question (C5) above this line.]

C6. Does your state count provisional ballots of voters who are registered in different 

precincts, or are those ballots automatically rejected? Please describe the process used 

by local election officials in determining whether to count a provisional ballot.

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (C6) below this line.]

To be counted, a provisional ballot must have been cast by a qualified voter of the 

precinct in which the ballot was cast. The county election board determines whether a 

provisional ballot has been cast by a voter who meets this requirement.

The process for counting provisional ballots is set forth in Indiana Code 3-11.7-5 (see 

below):

IC 3-11.7-5

 Chapter 5. Counting Provisional Ballots

IC 3-11.7-5-1. Requirements and deadlines for counting ballots

 Sec. 1. (a) After the close of the polls, provisional ballots shall be counted as provided in 

this chapter.

 (b) Notwithstanding IC 3-5-4-1.5 and any legal holiday observed under IC 1-1-9, all 

provisional ballots must be counted by not later than noon ten (10) days following the 

election.

IC 3-11.7-5-1.5. Provisional ballot; counting when ballot made invalid by mistake or 

inadvertence of election officer; when election board may determine not to count; effect 

of affidavit evidence
OMB Control No. 3265-0006 17 Expiration Date 5/31/2013

 Sec. 1.5. (a) Subsection (c) applies to a provisional ballot that the county election board 

determines, by a majority vote of its members and in accordance with this title:

 (1) has been marked and cast by a voter in compliance with this title; but

 (2) may not otherwise be counted solely as the result of the act or failure to act of an 

election officer.

 (b) Subsection (c) does not apply to either of the following:

 (1) A provisional ballot cast by an individual who seeks to vote in an election as the 

result of a court or other order extending the time established for closing the polls under 

IC 3-11-8-8 if the county election board determines or is directed under a court or other order 

that all provisional ballots issued after regular poll closing hours are not to be counted.

 (2) A provisional ballot that is required to be rejected by a county election board under 

section 2(b) of this chapter as the result of information or lack of information provided by a 

voter registration agency.

 (c) The sealed envelope containing a provisional ballot described in subsection (a) shall 

nevertheless be opened under section 4 of this chapter and the provisional ballot counted 

unless evidence of fraud, tampering, or misconduct affecting the integrity of the ballot is 

demonstrated. The act or failure to act by an election officer is not by itself evidence of fraud, 

tampering, or misconduct affecting the integrity of the ballot.

 (d) Notwithstanding subsection (c), if the county election board, by a majority vote of its 

members, determines that there is evidence presented to the board demonstrating that the 

individual who cast the provisional ballot was ineligible to cast a regular ballot in that 

precinct, or evidence has been presented to the board demonstrating any other reason set 

forth in HAVA or this title not to count a provisional ballot, the provisional ballot may not be 

counted.

 (e) This subsection applies to a provisional ballot cast by a voter after the voter was 

challenged solely because the voter was unable or declined to provide proof of identification 

and not for any other reason. If the voter later complies with the requirements of this title for 

proof of identification, the provisional ballot cast by the voter shall be counted in accordance 

with sections 2 and 2.5 of this chapter.

 (f) This subsection applies to a provisional ballot cast by a voter after the voter was 

challenged for any reason except the voter's inability or declination to provide proof of 

identification. If the only evidence before the county election board on the question of 

counting of the provisional ballot cast by the voter is:

(1) the affidavit of the voter who cast the provisional ballot; and

(2) the affidavit of a challenger challenging the voter who cast the provisional ballot;

the provisional ballot shall be counted.

IC 3-11.7-5-2. Criteria for determining validity of ballots
OMB Control No. 3265-0006 18 Expiration Date 5/31/2013

 Sec. 2. (a) Except as provided in section 5 of this chapter, if the county election board 

determines that all the following apply, a provisional ballot is valid and shall be counted 

under this chapter:

(1) The affidavit executed by the provisional voter under IC 3-11.7-2-1 is properly 

executed.

(2) The provisional voter is a qualified voter of the precinct and has provided proof of 

identification, if required, under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26.

(3) Based on all the information available to the county election board, including:

(A) information provided by the provisional voter;

(B) information contained in the county's voter registration records; and

(C) information contained in the statewide voter registration file;

the provisional voter registered to vote at a registration agency under this article on a date 

within the registration period.

 (b) If the provisional voter has provided information regarding the registration agency 

where the provisional voter registered to vote, the board shall promptly make an inquiry to 

the agency regarding the alleged registration. The agency shall respond to the board not later 

than noon of the first Friday after the election, indicating whether the agency's records 

contain any information regarding the registration. If the agency does not respond to the 

board's inquiry, or if the agency responds that the agency has no record of the alleged 

registration, the board shall reject the provisional ballot. The board shall endorse the ballot 

with the word "Rejected" and document on the ballot the inquiry and response, if any, by the 

agency.

 (c) Except as provided in section 5 of this chapter, a provisional ballot cast by a voter 

described in IC 3-11.7-2-1(b) is valid and shall be counted if the county election board 

determines under this article that the voter filed the documentation required under IC 3-7-33-

4.5 and 42 U.S.C. 15483 with the county voter registration office not later than the closing of 

the polls on election day.

IC 3-11.7-5-2.5. Determining validity of provisional ballot

 Sec. 2.5. (a) A voter who:

(1) was challenged under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26 as a result of the 

voter's inability or declination to provide proof of identification; and

(2) cast a provisional ballot;

may personally appear before the circuit court clerk or the county election board not later 

than the deadline specified by section 1 of this chapter for the county election board to 

determine whether to count a provisional ballot.

 (b) Except as provided in subsection (c) or (e), if the voter:
OMB Control No. 3265-0006 19 Expiration Date 5/31/2013

(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:
OMB Control No. 3265-0006 20 Expiration Date 5/31/2013

(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.

IC 3-11.7-5-3. Consequence for ballots not satisfying criteria

 Sec. 3. (a) If the board determines that the affidavit executed by the provisional voter has 

not been properly executed, that the provisional voter is not a qualified voter of the precinct, 

that the voter failed to provide proof of identification when required under IC 3-10-1, IC 3-

11-8, or IC 3-11-10-26, or that the provisional voter did not register to vote at a registration 

agency under this article on a date within the registration period, the board shall make the 

following findings:

(1) The provisional ballot is invalid.

(2) The provisional ballot may not be counted.

(3) The provisional ballot envelope containing the ballots cast by the provisional voter 

may not be opened.

 (b) If the county election board determines that a provisional ballot is invalid, a notation 

shall be made on the provisional ballot envelope: "Provisional ballot determined invalid".

IC 3-11.7-5-4. Valid ballots; opening and marking

 Sec. 4. If the board determines that a provisional ballot is valid under section 2 of this 

chapter, the provisional ballot envelope shall be opened. The outside of each provisional 

ballot shall also be marked to identify the precinct and the date of the election of the ballots.

IC 3-11.7-5-5. Ballots rejected; absence of poll clerks' initials

 Sec. 5. (a) If any ballot cast by a provisional voter does not contain the initials of the poll 

clerks, the ballot shall, without being unfolded to disclose how the ballot is marked, be 

endorsed with the word "Rejected".
OMB Control No. 3265-0006 21 Expiration Date 5/31/2013

 (b) All rejected provisional ballots shall be enclosed and securely sealed in an envelope on 

which is written "Rejected provisional ballots.".

IC 3-11.7-5-7. Counting ballots by laying on table

 Sec. 7. The provisional ballots shall be counted by laying each ballot upon a table in the 

order in which the ballots were opened.

IC 3-11.7-5-8. Reading names of candidates; ballot questions

 Sec. 8. (a) During the counting of the ballots, one (1) counter shall read the name of the 

candidates and ballot questions voted for from the ballots.

 (b) A:

(1) member of the county election board who is not a member of the same political 

party as the counter; or

(2) representative designated by the member;

shall view the ballots as the names and ballot questions are read.

IC 3-11.7-5-9. Protest counting of ballots

 Sec. 9. During the counting of the ballots:

(1) the counter counting the ballots;

(2) a member of the county election board; or

(3) a representative designated by the member;

may protest the counting of any ballot or any part of a ballot.

IC 3-11.7-5-10. Referral of protested ballot to county election board

 Sec. 10. If the counters cannot agree whether to count a ballot following a protest under 

section 9 of this chapter, the question shall be referred to the county election board for a 

decision.

IC 3-11.7-5-11. Counters signing protested ballots

 Sec. 11. Following a decision by the counters or the county election board, the counters 

shall sign each protested ballot.

IC 3-11.7-5-12. Noting whether protested ballot counted
OMB Control No. 3265-0006 22 Expiration Date 5/31/2013

 Sec. 12. If a ballot or any part of a ballot is protested and the protest is resolved, the 

counter immediately shall write on the back of the protested ballot the word "counted" or 

"not counted", as appropriate.

IC 3-11.7-5-13. Separate counting of ballots from other precincts

 Sec. 13. A counter may not count provisional ballots for a precinct under this chapter 

while counting provisional ballots for any other precinct.

IC 3-11.7-5-14. Counting of ballots by more than one set of counters

 Sec. 14. (a) This section applies if at least two (2) sets of counters in a county are counting 

provisional ballots under this chapter.

 (b) A set of counters may count provisional ballots from a precinct while another set of 

counters is counting provisional ballots from another precinct in the county if each set of 

counters counts the ballots in compliance with section 8 of this chapter.

IC 3-11.7-5-15. Counting write-in ballots

 Sec. 15. (a) This section applies to the counting of write-in provisional ballots.

 (b) If a voter writes an abbreviation, a misspelling, or other minor variation instead of the 

correct name of a candidate or political party, that vote shall be counted if the intent of the 

voter can be determined.

 (c) If a voter casts a ballot under this section for President or Vice President of the United 

States and writes in the name of a candidate or political party that has not certified a list of 

electors under IC 3-10-4-5, the vote for President or Vice President of the United States is

void. The remaining votes on the ballot may be counted.

 (d) IC 3-12-1-7 applies to write-in provisional ballots.

IC 3-11.7-5-16. Certificate of provisional vote count

 Sec. 16. When all the votes have been counted, the counters shall prepare a certificate 

stating the number of votes that each candidate received for each office and the number of 

votes cast on each public question.

IC 3-11.7-5-17. Entry and memorandum of vote count

 Sec. 17. The number of votes that each candidate and public question received shall be 

written in words and numbers. The counters shall prepare a memorandum of the total votes 

cast for each candidate and on each public question and ensure that each member of the 

county election board receives a copy of the memorandum.
OMB Control No. 3265-0006 23 Expiration Date 5/31/2013

IC 3-11.7-5-18. Delivery of certificates and tally papers to county election board

 Sec. 18. The counters shall deliver the certificates prepared under section 16 of this 

chapter and the tally papers to the county election board immediately upon the tabulation of 

the vote in each precinct.

IC 3-11.7-5-19. Securing ballots, certificates, and tally papers; delivery

 Sec. 19. As soon as the ballots have been counted, the counters shall do the following in 

the presence of the county election board:

(1) Place in a strong paper envelope or bag the following:

(A) All provisional ballots, voted and spoiled.

(B) All provisional ballots:

(i) determined invalid under section 3 of this chapter; or

(ii) rejected under section 5 of this chapter.

(C) All protested and uncounted provisional ballots.

(D) All provisional ballot envelopes.

(E) All executed affidavits relating to the provisional ballots.

(F) The tally papers.

(2) Securely seal the envelope or bag.

(3) Have both counters initial the envelope or bag.

(4) Plainly mark on the outside of the envelope or bag in ink the precinct in which the 

provisional ballots were cast.

(5) Deliver the envelope or bag to the circuit court clerk.

(6) Notify the circuit court clerk of the number of ballots placed in the envelope or bag.

IC 3-11.7-5-20. Oath of ballot counters

 Sec. 20. Upon delivery of the envelope or bag to the circuit court clerk, each counter shall 

take and subscribe an oath before the clerk stating that the counter:

(1) securely kept the ballots and papers in the envelope or bag;

(2) did not permit any person to open the envelope or bag or to otherwise touch or 

tamper with the ballots; and

(3) has no knowledge of any other person opening the envelope or bag.

IC 3-11.7-5-21. Filing ballot counters' oaths

 Sec. 21. The circuit court clerk shall file the oath taken under section 20 of this chapter 

with the clerk's other election documents.

IC 3-11.7-5-22. Secure storage of ballots and papers

 Sec. 22. The circuit court clerk shall place the envelope or bag in a receptacle provided by 

the county executive with two (2) different locks.
OMB Control No. 3265-0006 24 Expiration Date 5/31/2013

IC 3-11.7-5-23. Locks on stored ballots and papers

 Sec. 23. The circuit court clerk shall do the following:

(1) Lock the receptacle provided under section 22 of this chapter.

(2) Retain one (1) key to one (1) lock of the receptacle.

(3) Give one (1) key to the other lock of the receptacle to the member of the county 

election board who is not a member of the same political party as the clerk.

IC 3-11.7-5-24. 

Time for storage of ballots and papers

 Sec. 24. The circuit court clerk shall preserve the receptacle containing the envelope or 

bag in the clerk's office for the period required under IC 3-10-1-31 or IC 3-10-1-31.1.

IC 3-11.7-5-25. Time for retention of ballots and papers when election contested

 Sec. 25. If the election is contested, the clerk shall preserve the receptacle containing the 

envelope or bag as long as the contest is undetermined. During that period, the clerk shall 

keep the receptacle securely locked, subject only to an order of the court trying a contest.

IC 3-11.7-5-26. Destruction of stored ballots and papers 

 Sec. 26. When permitted under IC 3-10-1-31 or IC 3-10-1-31.1, the clerk and a county 

election board member of the opposite political party shall remove the envelope or bag from 

the receptacle and destroy the envelope or bag.

IC 3-11.7-5-27. Contract with state educational institution for disposal of ballots

 Sec. 27. A county election board may contract with a state educational institution to 

dispose of the ballots. The contract must provide that:

(1) the ballots will be used by the state educational institution to conduct election 

research; and

(2) the state educational institution may not receive any ballots under this section until 

the period for retention under IC 3-10-1-31 or IC 3-10-1-31.1 has expired.

IC 3-11.7-5-28. News media certificate of provisional ballot totals

 Sec. 28. Immediately upon completion of the vote count, the counters shall make and sign 

a certificate for the news media showing the total number of provisional ballot votes received 

by each candidate and on each public question in the precinct.

IC 3-11.7-5-29. Delivery of news media certificate
OMB Control No. 3265-0006 25 Expiration Date 5/31/2013

 Sec. 29. The counters shall deliver the certificate to the circuit court clerk as soon as the 

certificate is completed. The circuit court clerk shall deliver the certificate made for the news 

media to any person designated to receive the certificate by the editors of the newspapers 

published in the county or by the managers of the radio and television stations operating in 

the county immediately upon the completion of the certificate, but not before the closing of 

the polls.

[End response to above question (C6) above this line.]

C7. Please describe your state’s laws regarding post-election audits, if any. A postelection audit refers to hand-counting votes on paper records and comparing those 

counts to the corresponding vote counts originally reported, as a check on the accuracy 

of election results, and resolving discrepancies using accurate hand counts of the paper 

records as the benchmark.

If your state has post-election auditing, consider including in your response information 

such as the unit being audited (e.g., precincts, machines); the sampling method (e.g., 

fixed percentages); whether there is a specific trigger for the audit; the location of the 

random selection (e.g., state, county); and the races that can be audited.

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (C7) below this line.]

Indiana law provides for recounts upon the request of a candidate or political party chairman 

involved in any election. Post-election auditing is the core function of a recount. Indiana law 

also permits a county election board to correct errors in tabulation if the errors are discovered 

before the final date and hour for filing for a recount (Indiana Code 3-12-5-14).

[End response to above question (C7) above this line.]

C8. Please describe any state requirements for poll worker training.

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (C8) below this line.]

State law (Indiana Code 3-6-6-40) requires that the poll worker in charge of each polling 

place (the inspector) attend training conducted by each county election board. Under this law, 

a county election board can require other poll workers to attend this training. 

The training must include information relating to the voting systems used in the county and 

relating to making polling places and voting systems accessible to elderly voters and voters 

with a disability.
OMB Control No. 3265-0006 26 Expiration Date 5/31/2013

State law (Indiana Code 3-6-6.5) also created a state certified election worker program, 

which provides for required course content and recertification after four years. Participation 

in the state certified election worker program is encouraged, but not required by law. 

[End response to above question (C8) above this line.]
OMB Control No. 3265-0006 27 Expiration Date 5/31/2013

SECTION D: ELECTION DAY ACTIVITIES

D1. Please describe your state’s process for capturing “over-vote” and “under-vote” 

counts.

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (D1) below this line.]

State law does not require counties to report the number of “over-votes” or “under-votes” 

cast at an election for any specific office or for all offices or public questions. 

[End response to above question (D1) above this line.]

D2. What identification does your state require from voters in the following situations:

a. registering to vote;

__X__ No Change Since 2010 ____ Changed Since 2010

2010 Response:

[Begin response to above question (a) below this line.]

Additional documentation is required by HAVA for individuals who submit an 

application to register to vote by mail and who have not previously voted in a general 

election in Indiana (or a special election for federal office in Indiana). However, if the 

additional documentation is not presented with the voter registration application, the 

application is still processed.

On July 1, 2010, Online Voter Registration was added to the IndianaVoters.com 

website. In order to use the new Online Voter Registration Solution, an applicant 

must (1) possess a valid and current Indiana Driver License or Indiana State ID that is 

issued by the Indiana Bureau of Motor Vehicles and (2) the Indiana Bureau of Motor 

Vehicles must have a signature on-file for the applicant. State law (IC 3-7-32-2) does 

not require an additional signature by the voter as part of the online registration 

process. Instead, the applicant’s BMV signature is attached by the Online Voter 

Registration Solution to the applicant’s online registration application submission and 

used for voter registration purposes.

[End response to above question (a) above this line.]

b. casting an in-person ballot;
OMB Control No. 3265-0006 28 Expiration Date 5/31/2013

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (b) below this line.]

Generally speaking, a person voting in person at the polls must present proof of 

identification that: (1) shows the name of the individual to whom the document was 

issued, and the voter’s name conforms to the name in the individual’s voter 

registration record; (2) shows a photograph of the individual to whom the document 

was issued; (3) includes an expiration date, and the document is not expired or 

expired after the date of the most recent federal general election; and (4) was issued 

by the United States or the State of Indiana.

For additional specific information regarding exemptions, procedures, and 

requirements, see www.in.gov/sos/photoid/

The voter is also required to sign the precinct list of voters (the poll list).

[End response to above question (b) above this line.]

c. casting a mail-in or absentee vote;

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (c) below this line.]

For absentee voters casting their ballot by mail: None

For absentee voters casting their ballot before an absentee board in the office of the 

circuit court clerk: The same identification required for casting an in-person ballot at 

the polls.

[End response to above question (c) above this line.]

d. casting a ballot under UOCAVA;

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (d) below this line.]

No additional identification is required for a voter casting an absentee ballot under 

UOCAVA.

[End response to above question (d) above this line.]
OMB Control No. 3265-0006 29 Expiration Date 5/31/2013

e. any other stage in registration or voting process in which identification is 

required (please specify).

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (e) below this line.]

NA

[End response to above question (e) above this line.]

D3. Please describe your state’s laws regarding access to the polling place for election 

observers. Election observers are people allowed inside the polling place who are not 

poll workers, election officials or voters. If decisions on access to observers are left to 

local jurisdictions, please explain.

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (D3) below this line.]

Indiana law (Indiana Code 3-11-8-15) lists the individuals who are permitted to be in the 

polls during an election. Under the definition of “election observer” used in this question, the 

following individuals would be “election observers” who could be authorized to enter the 

polls: (1) the Secretary of State (unless that person is a candidate for office); (2) political 

party county chairman or vice-chairman; (3) watchers, pollbook holders, and challengers; (4) 

minor children accompanying a voter; and (5) an individual authorized to assist a voter under 

federal and state law.

All election observers in a polling place are required to possess and present credentials. The 

Secretary of State has designated deputy secretaries to enter polls as election observers. The 

Indiana Election Division issues credentials to media watchers who wish to have election 

observers in multiple counties. County election boards issue credentials to political party 

chairmen, vice-chairmen. County chairmen of political parties, and in some cases 

independent candidates, may issue credentials to watchers, challengers, and pollbook holders. 

County election boards also issue credentials to media watchers who will be observing only 

within that county. 

[End response to above question (D3) above this line.]
OMB Control No. 3265-0006 30 Expiration Date 5/31/2013

SECTION E: OTHER

E1. Under HAVA, Section 402, states are required to establish and maintain

administrative complaint procedures to remedy grievances. Has your state revised its

administrative complaint procedures since they were first implemented? If so, how? 

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (E1) below this line.]

The Section 402 grievance procedures were codified at Indiana Code 3-6-4.5. These statutes 

have not been amended since their enactment in 2003.

[End response to above question (E1) above this line.]

E2. Please add any additional comments or information about your state’s election 

administration processes that would help to inform the EAC’s interpretation of your 

data.

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (E2) below this line.]

NA

[End response to above question (E2) above this line.]

* The information collection associated with the Election Administration and Voting Survey is required for the 

EAC to meet its statutory requirements under the Help America Vote Act (HAVA) of 2002 (42 U.S.C. 15301), 

the National Voter Registration Act (NVRA) (42 U.S.C. 1973gg-1 et seq.), and the Uniformed and Overseas 

Citizens Absentee Voters Act (UOCAVA) (42 U.S.C. 1973ff-1). Respondent’s obligation to reply to this 

information collection is mandatory as required under NVRA (42 U.S.C. 1973gg-1 et seq.) and UOCAVA (42 

U.S.C. 1973ff-1). This part of the information collection is being requested to help the EAC to better understand 

state laws governing federal elections. Respondents include the fifty states, the District of Columbia, and the 

U.S. Territories. This information will be made publicly available on the EAC website (www.eac.gov). 

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not 

required to respond to, a collection of information unless it displays a valid OMB control number. The valid 

OMB control number for this information collection is OMB Control No. 3265-0006 (expires 5/31/2013). The 

time required to complete this information collection is estimated to average 59 hours per state response. This 

estimate includes the time for reviewing the instructions, gathering information, and completing the form. 

Comments regarding this burden estimate should be sent the U.S. Election Assistance Commission – 2012

Election Administration and Voting Survey, 1201 New York Avenue, Suite 300, Washington, DC 20005.