IN Code § 3-11-8-22.1 (2021)
2021 Indiana Code|Title 3. Elections|Article 11. Voting Methods, Supplies, and Equipment|Chapter 8. Voting Procedures Generally|3-11-8-22.1. Challenge of Voter; Provisional Ballot

Sec. 22.1. (a) This subsection applies to a voter:(1) whose name does not appear on the poll list for the precinct; and(2) who produces a certificate of error issued under IC 3-7-48-1.If the voter is not challenged under IC 3-10-1 or this chapter, the voter shall be provided with a regular official ballot. However, as provided by IC 3-7-48-1(b), if the voter is challenged under IC 3-10-1 or this chapter, the voter must cast a provisional ballot after complying with IC 3-7-48-7.5 if the voter wishes to cast a ballot.(b) This subsection applies to a voter:(1) whose name does not appear on the poll list for the precinct; and(2) who makes an oral or a written affirmation in compliance with IC 3-7-48-5 that the voter continues to reside in the precinct at the address shown as the voter's former residence in the voter registration record.If the voter is not challenged under IC 3-10-1 or this chapter, the voter shall be provided with a regular official ballot. However, as provided by IC 3-7-48-7.5, if the voter is challenged under IC 3-10-1 or this chapter, the voter must cast a provisional ballot after complying with IC 3-7-48-7.5 if the voter wishes to cast a ballot.(c) This subsection applies to a voter:(1) whose name does not appear on the poll list for the precinct; and(2) who produces a registration receipt that complies with IC 3-7-48-7.If the county election board provides the precinct election board with the information required under IC 3-7-48-7(a)(2) and the voter is not challenged under IC 3-10-1 or this chapter, the voter shall be provided with a regular official ballot. However, as provided by IC 3-7-48-7.5, if the voter is challenged under IC 3-10-1 or this chapter, the voter must cast a provisional ballot after complying with IC 3-7-48-7.5 if the voter wishes to cast a ballot.(d) This subsection applies to a voter:(1) whose name does not appear on the poll list for the precinct; and(2) who is not described by subsection (a), (b), or (c).If the voter is challenged under IC 3-10-1 or this chapter, the voter shall be provided with a provisional ballot under IC 3-11.7 instead of a regular official ballot if the voter wishes to cast a ballot. The voter may proceed to cast a provisional ballot after executing a challenged voter's affidavit under section 23 of this chapter if the voter wishes to cast a ballot.(e) This subsection applies to a voter:(1) whose name appears on the poll list for the precinct; and(2) who no longer resides in the precinct but is entitled to vote at the precinct under IC 3-10-10, IC 3-10-11, or IC 3-10-12.If the voter executes an affidavit in compliance with IC 3-10-10, IC 3-10-11, or IC 3-10-12 and the voter is not challenged under IC 3-10-1 or this chapter, the voter shall be provided with a regular official ballot. However, as provided by IC 3-10-10-9, IC 3-10-11-4.5, or IC 3-10-12-5, if the voter is challenged under IC 3-10-1 or this chapter, the voter must cast a provisional ballot if the voter wishes to cast a ballot.(f) This subsection applies to a voter:(1) whose name appears on the poll list for the precinct; and(2) who is not described in subsection (e).If the voter is challenged under IC 3-10-1 or this chapter, the voter shall be provided with a provisional ballot under IC 3-11.7 rather than a regular official ballot if the voter wishes to cast a vote. The voter may proceed to cast a provisional ballot after executing a challenged voter's affidavit under section 23 of this chapter if the voter wishes to cast a ballot.As added by P.L.164-2006, SEC.97.