reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-22. County Election Board Appointments for Absentee Vote Processing; Eligibility; Service by Candidate or Candidate's Relative

Sec. 22. (a) Except as provided in subsection (b), each county election board shall appoint:
(1) absentee voter boards;
(2) teams of absentee ballot counters; and
(3) teams of couriers;
consisting of two (2) voters of the county, one (1) from each of the two (2) political parties that have appointed members on the county election board.
(b) Notwithstanding subsection (a), a county election board:
(1) may appoint, by a unanimous vote of the board's members, only one (1) absentee ballot courier if the person appointed is a voter of the county; and
(2) shall not appoint teams of couriers, if the county:
(A) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or
(B) is a vote center county under IC 3-11-18.1.
(c) An otherwise qualified person is eligible to serve on an absentee voter board or as an absentee ballot counter or a courier unless the person:
(1) is unable to read, write, and speak the English language;
(2) has any property bet or wagered on the result of the election;
(3) is a candidate to be voted for at the election except as an unopposed candidate for a city office, town office, township office, school board office, precinct committeeman, or state convention delegate; or
(4) is the spouse, parent, father-in-law, mother-in-law, child, son-in-law, daughter-in-law, grandparent, grandchild, brother, sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece of a candidate or declared write-in candidate to be voted for at the election except as an unopposed candidate. This subdivision disqualifies a person whose relationship to the candidate is the result of birth, marriage, or adoption.
(d) A person who is a candidate to be voted for at the election or who is related to a candidate in a manner that would result in disqualification under subsection (c) may, notwithstanding subsection (c), serve as a member of an absentee voter board if:
(1) the candidate is seeking nomination or election to an office in an election district that does not consist of the entire county; and
(2) the county election board restricts the duties of the person as an absentee voter board member to performing functions that could have no influence on the casting or counting of absentee ballots within the election district.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.38-1999, SEC.54; P.L.176-1999, SEC.92; P.L.14-2000, SEC.6; P.L.14-2004, SEC.141; P.L.271-2013, SEC.31; P.L.76-2014, SEC.50; P.L.169-2015, SEC.142; P.L.109-2021, SEC.64.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-23. Political Party Notice of Number of Appointees; Recommendations for Appointments; When Nonvoter Permitted to Serve as Appointee

Sec. 23. (a) Not later than noon fifty (50) days before election day, each county election board shall notify the county chairmen of the two (2) political parties that have appointed members on the county election board of the number of:
(1) absentee voter boards;
(2) teams of absentee ballot counters; and
(3) teams of couriers;
to be appointed under section 22 of this chapter.
(b) The county chairmen shall make written recommendations for the appointments to the county election board not later than forty-six (46) days before election day. The county election board shall make the appointments as recommended.
(c) If a county chairman fails to make any recommendations, then the county election board may appoint any voters of the county who comply with section 22 of this chapter.
(d) The county election board may permit an individual who is not a voter to serve as an absentee board member, other than a member of a board under IC 3-11-10-25, an absentee ballot counter, or a courier if the individual:
(1) satisfies the requirements under IC 3-6-6-39; and
(2) is approved by the unanimous vote of the entire membership of the county election board.
(e) An individual appointed to serve as an absentee board member, other than the member of a board under IC 3-11-10-25, an absentee ballot counter or a courier under subsection (d), while serving as an absentee ballot counter or courier:
(1) is not required to obtain an employment certificate under IC 22-2-18 (before its expiration on June 30, 2021); and
(2) is not subject to the limitations on time and duration of employment under IC 22-2-18 (before its expiration on June 30, 2021) or IC 22-2-18.1.
(f) The county election board is not required to register as an employer under IC 22-2-18.1.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.3-1995, SEC.118; P.L.38-1999, SEC.55; P.L.14-2004, SEC.142; P.L.74-2017, SEC.56; P.L.201-2017, SEC.33; P.L.147-2020, SEC.2; P.L.109-2021, SEC.65.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-23.5. Appointment of Absentee Ballot Counters and Couriers in Marion County

Sec. 23.5. (a) This section applies to a county having a consolidated city only if the county election board, by unanimous vote of its entire membership, adopts a resolution making this section applicable in the county.
(b) Notwithstanding section 23 of this chapter, an individual who satisfies all of the following may be appointed to serve as an absentee ballot counter or a courier:
(1) The individual is a citizen of the United States.
(2) The individual is registered to vote in Indiana.
(3) The individual is at least eighteen (18) years of age.
(4) The individual is appointed under the procedures described in section 23 of this chapter.
(c) An individual appointed under this section who serves as an absentee ballot counter is observed by registered voters of the county serving in bipartisan absentee ballot counter teams.
As added by P.L.278-2019, SEC.126.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-24. Applicability; Poll List; Inspector Duties

Sec. 24. (a) This section does not apply to a county that:
(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or
(2) is a vote center county under IC 3-11-18.1.
(b) This subsection does not apply if the circuit court clerk has provided a marked poll list under section 1(2)(B) of this chapter. In addition to the preparations described in IC 3-11-11-2, IC 3-11-13-27, or IC 3-11-14-16, the inspector shall:
(1) mark the poll list; and
(2) attach the certificates of voters who have registered and voted under IC 3-7-36-14 to the poll list;
in the presence of the poll clerks to indicate the voters of the precinct whose absentee ballots have been received by the county election board according to the certificate supplied under section 1 of this chapter.
(c) The poll clerks shall sign the statement printed on the certificate supplied under section 1 of this chapter indicating that the inspector:
(1) marked the poll list; and
(2) attached the certificates described in subsection (b)(2);
under this section in the presence of both poll clerks.
(d) The inspector shall retain custody of the certificate supplied under section 1 of this chapter until the certificate is returned under section 9 of this chapter.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002, SEC.86; P.L.221-2005, SEC.98; P.L.271-2013, SEC.32; P.L.76-2014, SEC.51; P.L.169-2015, SEC.143; P.L.157-2019, SEC.34.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-28. Report of Vote Count; Certificate

Sec. 28. When all votes have been counted, the precinct election board shall prepare a certificate stating the number of votes that each candidate received for each office and the number of votes cast on each public question. The number of votes that each candidate and public question received shall be written in words and numbers. The board shall also prepare a memorandum of the total vote cast for each candidate and ensure that each member of the board receives a copy of the memorandum.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-1. Repealed

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.2-1996, SEC.202; P.L.3-1997, SEC.335. Repealed by P.L.278-2019, SEC.127.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-2. Applicability of Chapter; Paper Ballot Cast Votes

Sec. 2. This chapter applies to the counting of absentee ballots cast on paper ballots.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-3. Repealed

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.271-2013, SEC.33; P.L.76-2014, SEC.52; P.L.169-2015, SEC.144. Repealed by P.L.109-2021, SEC.66.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-4. Repealed

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.2-1996, SEC.203; P.L.3-1997, SEC.336. Repealed by P.L.230-2005, SEC.91.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-5. Uninterrupted Vote Count Procedures

Sec. 5. To minimize delay, the absentee ballot counters shall continue the count without interruption until all absentee ballots for the precinct are canvassed and the certificates required by this chapter are prepared and delivered to the person entitled to receive the certificates.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-6. Manner and Order of Counting Ballots

Sec. 6. The ballots shall be counted by laying each ballot upon a table in the order in which the ballot was opened under IC 3-11.5-4-12.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-7. Ballot Count; Reading of Names

Sec. 7. During the counting of the votes, one (1) of the absentee ballot counters shall read the name of the candidates voted for from the ballots. A:
(1) member of the county election board who is not a member of the same political party as the absentee ballot counter; or
(2) representative designated by the member;
reading the names shall view the ballots as the names are read.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-8. Vote Counting; Protest of Ballot

Sec. 8. During the counting of the votes:
(1) an absentee ballot counter performing the counting;
(2) a member of the county election board; or
(3) a representative designated by the members;
may protest the counting of any ballot or any part of a ballot.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-9. Marking of Protested Ballot

Sec. 9. If a ballot or any part of a ballot is protested, an absentee ballot counter immediately shall write on the back of the protested ballot the word "counted" or "not counted", as appropriate.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-10. Protested Votes Referred to County Election Board

Sec. 10. If the absentee ballot counters cannot agree whether to count a ballot following a protest under section 8 of this chapter, the question shall be referred to the county election board for a decision.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-11. Absentee Counters Signing of Protested Ballots

Sec. 11. Following a decision by the absentee ballot counters or the county election board, the absentee ballot counters shall officially sign each protested ballot.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-12. Separate Counting of Ballots From Other Precincts

Sec. 12. An absentee ballot counter may not count absentee ballots for a precinct under this chapter while counting absentee ballots for any other precinct.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-13. Counting of Ballots by Two Sets of Vote Counters

Sec. 13. (a) This section applies if at least two (2) sets of absentee ballot counters in a county are counting absentee ballots under this chapter.
(b) A set of absentee ballot counters may count absentee ballots from a precinct while another set of absentee ballot counters is counting absentee ballots from another precinct in the county if each set of counters counts the ballots in compliance with section 7 of this chapter.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-14. Counting Federal Write-in Absentee Ballots; Minor Errors on Ballot; Partial Ballot Invalidity and Ballots Not to Be Counted

Sec. 14. (a) This section applies to the counting of federal write-in absentee ballots described in IC 3-11-4-12.5.
(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 and writes in the name of a candidate or political party that has not:
(1) certified a list of presidential electors and alternate presidential electors under IC 3-10-4-5; or
(2) included a list of presidential electors and alternate presidential electors on the declaration of intent to be a write-in candidate filed by a write-in candidate under IC 3-8-2-2.5;
the vote for President or Vice President is void. The remaining votes on the ballot may be counted.
(d) As required by 52 U.S.C. 20303(b), and except as provided in this section, an absentee ballot subject to this section shall be submitted and processed in the same manner provided by this title for a regular absentee ballot.
(e) IC 3-12-1-7 applies to a ballot subject to this section.
(f) As required under 52 U.S.C. 20303(b), a ballot subject to this section may not be counted if:
(1) the ballot was submitted:
(A) by an overseas voter who is not an absent uniformed services voter; and
(B) from within the United States;
(2) the overseas voter's application for a regular absentee ballot was received by the county election board after the applicable absentee ballot application deadline set forth in IC 3-11-4-3;
(3) the voter's completed regular state absentee ballot was received by the county election board by the deadline for receiving absentee ballots under IC 3-11.5-4-7 or IC 3-12-1-17; or
(4) the ballot subject to this section was not received by the county election board by the deadline for receiving absentee ballots under IC 3-11.5-4-7 or IC 3-12-1-17.
(g) If a federal write-in absentee ballot is received by the county election board in an envelope that does not indicate that the envelope contains the ballot, and the envelope is opened by the county election board, the absentee ballot shall nevertheless be counted if otherwise valid. The county election board shall:
(1) immediately seal the absentee ballot and the envelope in which the ballot was received in a carrier envelope indicating that a voted absentee ballot is enclosed; and
(2) document the date the absentee ballot was sealed within the carrier envelope, attested to by the signature of each member of the county election board.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.198-2005, SEC.14; P.L.66-2010, SEC.27; P.L.219-2013, SEC.60; P.L.128-2015, SEC.199; P.L.201-2017, SEC.34.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-15. Certificate of Absentee Vote Count

Sec. 15. When all the votes have been counted, the absentee ballot 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.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-16. Entry and Memorandum of Vote Count

Sec. 16. The number of votes that each candidate and public question received shall be written in words and numbers. The absentee ballot 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.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-17. Delivery of Certificates and Tally Papers

Sec. 17. The absentee ballot counters shall deliver the certificates prepared under section 15 of this chapter and the tally papers to the county election board immediately upon the tabulation of the vote in each precinct.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-18. Securing Ballots, Certificates, and Tally Papers; Delivery

Sec. 18. As soon as the ballots have been counted, the absentee ballot counters shall in the presence of the county election board do the following:
(1) Place in a strong paper envelope or bag the following:
(A) All ballots, voted and not voted, together with all protested and uncounted ballots.
(B) One (1) copy of each of the certificates prepared under IC 3-11.5-4-1 and IC 3-11.5-4-8.
(C) The tally papers.
(2) Securely seal the envelope or bag.
(3) Have both absentee ballot counters initial the envelope or bag.
(4) Plainly mark on the outside of the envelope or bag, in ink, the precinct for which the absentee 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.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-19. Oath of Ballot Counters

Sec. 19. Upon delivery of the envelope or bag to the circuit court clerk, each absentee ballot 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) had no knowledge of any other person opening the envelope or bag.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-20. Filing of Ballot Counter's Oath

Sec. 20. The circuit court clerk shall file the oath taken under section 19 of this chapter with the clerk's other election documents.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-21. Secure Storage of Ballots

Sec. 21. The circuit court clerk shall place the envelope or bag in a receptacle provided by the county executive with two (2) different locks.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-22. Locks on Stored Ballots

Sec. 22. The circuit court clerk shall do the following:
(1) Lock the receptacle provided under section 21 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.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-23. Time of Ballot Storage

Sec. 23. The circuit court clerk shall preserve the receptacle containing the envelope or bag in the clerk's office for the period required under IC 3-10-1-31.1.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.143; P.L.193-2021, SEC.70.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-24. Time for Retention of Stored Ballots When Election Contested

Sec. 24. If the election is contested, the clerk shall preserve the receptacle containing the envelope or bag as long as the contest is undetermined. During those periods the clerk shall keep the receptacle securely locked, subject only to an order of the court trying a contest.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-25. Destruction of Stored Ballots

Sec. 25. When permitted under 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.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.144; P.L.193-2021, SEC.71.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-26. Contract With Educational Institution for Disposal of Ballots

Sec. 26. 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 subsection until the period for retention under IC 3-10-1-31.1 has expired.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.145; P.L.2-2007, SEC.12; P.L.193-2021, SEC.72.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-27. News Media Certificate of Election Results

Sec. 27. Immediately upon completion of the vote count, the absentee ballot counters shall make and sign a certificate for the news media showing the total number of absentee ballot votes received by each candidate and on each public question in the precinct.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-28. Delivery of News Media Certificate

Sec. 28. The absentee ballot 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.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 5. Counting of Absentee Ballots Cast on Paper Ballots › 3-11.5-5-29. Release of Information Concerning Absentee Ballot Counts Before Close of Polls Other Than as Provided by Chapter

Sec. 29. (a) This section applies to a person who observes or performs any of the following under this chapter:
(1) The counting of absentee ballots.
(2) The proceedings of absentee ballot counters or the county election board regarding a protested ballot.
(3) The preparation of a certificate by absentee ballot counters.
(4) The delivery of a certificate to the circuit court clerk or county election board.
(b) Except as prescribed by this chapter, a person shall not provide any other person with information concerning the number of votes:
(1) a candidate received for an office; or
(2) cast to approve or reject a public question;
on absentee ballots counted under this chapter before the closing of the polls.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-1. Repealed

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.2-1996, SEC.204; P.L.3-1997, SEC.337. Repealed by P.L.278-2019, SEC.128.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-2. Applicability

Sec. 2. This chapter applies to the counting of absentee ballots cast on ballot cards.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-3. Repealed

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.271-2013, SEC.34; P.L.76-2014, SEC.53; P.L.169-2015, SEC.145; P.L.100-2018, SEC.18; P.L.210-2018, SEC.4. Repealed by P.L.109-2021, SEC.67.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-4. Count of Ballots Without Interruption

Sec. 4. (a) This subsection does not apply to a county having a consolidated city. To minimize delay, the absentee ballot counters shall continue to count without interruption until all absentee ballots for the precinct are canvassed and the certificates required by this chapter are prepared and delivered to the person entitled to receive the certificates.
(b) This subsection applies to a county having a consolidated city. To minimize delay, the absentee ballot counters shall continue to count without interruption until all absentee ballots that have been accepted by the absentee ballot counters under IC 3-11.5-4-12 are canvassed, and the certificates required by this chapter are prepared and delivered to the person entitled to receive the certificates.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.100-2018, SEC.19; P.L.210-2018, SEC.5; P.L.278-2019, SEC.129.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-5. Grouping of Ballot Cards; Not Applicable in County Having a Consolidated City

Sec. 5. (a) This section does not apply to a county having a consolidated city.
(b) The absentee ballot counters shall determine if the ballot cards are properly grouped and arranged so that all similar cards from a precinct are together before the ballots are counted on an automatic tabulating machine.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.100-2018, SEC.20; P.L.210-2018, SEC.6.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-6. Persons Who May Protest Ballot

Sec. 6. During the tabulation of votes at a central counting location, an absentee ballot counter performing the count, a member of the county election board, or a representative designated by the member of the board may protest the counting of a ballot or part of a ballot cast by a voter of a precinct.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-7. Referring Protested Ballot to County Election Board

Sec. 7. If the absentee ballot counters cannot agree whether to count a ballot following a protest under section 6 of this chapter, the question shall be referred to the county election board for a decision.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-8. Notations on Contested Ballots

Sec. 8. Following a decision by the absentee ballot counters or the county election board:
(1) the absentee ballot counters immediately shall write on the back of the protested ballot card the word "counted" or "not counted", as appropriate; and
(2) the person protesting the ballot under section 6 of this chapter shall officially sign the protested ballot card.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-9. Damaged Ballots Unable to Be Machine Processed

Sec. 9. If an absentee ballot is damaged or defective so that the ballot cannot properly be counted by an automatic tabulating machine, a remake team composed of one (1) person from each of the major political parties of the county shall have the card prepared for processing so as to record accurately the intent of the voter insofar as the intent can be ascertained.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-10. Duplicate Copy of Damaged Ballot; Witnesses

Sec. 10. If necessary, a true duplicate copy shall be made of the damaged ballot card in the presence of witnesses and substituted for the damaged card.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-11. Duplicate Copy of Defective Card

Sec. 11. A duplicate ballot card shall be made of a defective card, not including the uncounted votes.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-12. Duplicate Cards; Identification Information

Sec. 12. All duplicate cards must:
(1) be clearly labeled "duplicate"; and
(2) bear a serial number that shall be recorded on the damaged or defective card.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-13. Counting of Duplicate Instead of Defective Card

Sec. 13. Each duplicate ballot card shall be counted instead of the damaged or defective card.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-14. Failure to Test Tabulating Machines for Particular Office or Question; Manual Tabulation

Sec. 14. If a test of automatic tabulating machines required by IC 3-11-13-22 is not conducted for a particular office or public question, the absentee ballot votes for that office shall be counted manually.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.85-2017, SEC.3.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-15. Direction to Manually Count Ballots

Sec. 15. If for any reason the county election board determines that it is impracticable to count all or some of the absentee ballots under this chapter with an automatic tabulating machine, the board may direct that the ballot cards be counted manually.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-16. Standards for Manually Tabulated Vote Count

Sec. 16. If ballot cards are counted manually, the tabulation of votes must comply with the standards prescribed by IC 3-11-7.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-17. Counting Write-in Votes for Federal Office

Sec. 17. IC 3-11.5-5-14 applies to the counting of write-in absentee ballots for a federal office cast on a ballot card received under 52 U.S.C. 20301.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.128-2015, SEC.200.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-18. Certification of Vote Count; Time

Sec. 18. When all the votes have been counted, the absentee ballot 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.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-19. Certification of Vote Count; Formal Requirements; Memorandum

Sec. 19. The number of votes that each candidate and each public question received shall be written in words and numbers. The absentee ballot 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.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-20. Delivery of Certificate of Vote Count; Return of Equipment

Sec. 20. The absentee ballot counters shall deliver the certificates prepared under section 18 of this chapter and the return printed by the automatic tabulating machine to the county election board immediately upon the tabulation of the vote in each precinct.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-21. Packaging Counted Ballots for Storage; Procedure in County Having a Consolidated City

Sec. 21. (a) As soon as the ballots have been counted, the absentee ballot counters shall, in the presence of the county election board, do the following:
(1) Place in a strong paper envelope or bag the following:
(A) All ballots, voted and not voted, together with all protested and uncounted ballots.
(B) One (1) copy of each of the certificates prepared under IC 3-11.5-4-1 and IC 3-11.5-4-8.
(C) The tally papers.
(2) Securely seal the envelope or bag.
(3) Have both absentee ballot counters initial the envelope or bag.
(4) Plainly mark on the outside of the envelope or bag, in ink, the precinct for which the absentee 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.
(b) This subsection applies to a county having a consolidated city. Notwithstanding subsection (a)(4), the absentee ballots may be stored in the order in which the absentee ballots were counted and not in order by precinct.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.100-2018, SEC.21; P.L.210-2018, SEC.7.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-22. Oath of Ballot Counters

Sec. 22. Upon delivery of the envelope or bag to the circuit court clerk, each absentee ballot 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) had no knowledge of any other person opening the envelope or bag.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-23. Filing of Oath of Ballot Counters

Sec. 23. The circuit court clerk shall file the oath taken under section 22 of this chapter with the clerk's other election documents.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-24. Locks for Ballot Storage Containers

Sec. 24. The circuit court clerk shall place the envelope or bag in a receptacle provided by the county executive with two (2) different locks.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-25. Keys to Locks for Ballot Storage Containers

Sec. 25. The circuit court clerk shall do the following:
(1) Lock the receptacle provided under section 24 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.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-26. Preservation of Ballots; Time Requirements

Sec. 26. The circuit court clerk shall preserve the receptacle containing the envelope or bag in the clerk's office for the period required under IC 3-10-1-31.1.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.146; P.L.193-2021, SEC.73.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-27. Preservation of Ballots; Time Requirements of Contested Elections

Sec. 27. If the election is contested, the clerk shall preserve the receptacle containing the envelope or bag as long as the contest is undetermined. During those periods the clerk shall keep the receptacle securely locked, subject only to an order of the court trying a contest.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-28. Destruction of Stored Ballots

Sec. 28. When permitted under 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.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.147; P.L.193-2021, SEC.74.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-29. Contracts With Educational Institutions for Disposal of Ballots

Sec. 29. 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 subsection until the period for retention under IC 3-10-1-31.1 has expired.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.148; P.L.2-2007, SEC.13; P.L.193-2021, SEC.75.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-30. News Media Certificate; Preparation

Sec. 30. Immediately upon completion of the vote count, the absentee ballot counters shall make and sign a certificate for the news media showing the total number of absentee ballot votes received by each candidate and on each public question in the precinct.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-31. News Media Certificate; Time and Manner of Release

Sec. 31. The absentee ballot 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.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-32. Release of Voting Information Before Closing of Polls

Sec. 32. (a) This section applies to a person who observes or performs any of the following under this chapter:
(1) The counting of absentee ballots.
(2) The proceedings of absentee ballot counters or the county election board regarding a protested ballot.
(3) The preparation of a certificate by absentee ballot counters.
(4) The delivery of a certificate to the circuit court clerk or county election board.
(b) Except as prescribed by this chapter, a person shall not provide any other person with information concerning the number of votes:
(1) a candidate received for an office; or
(2) cast to approve or reject a public question;
on absentee ballots counted under this chapter before the closing of the polls.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 6. Counting of Absentee Ballots Cast on Ballot Cards › 3-11.5-6-33. Conduct of Recount

Sec. 33. In case of a recount, all ballot cards shall be recounted in the manner prescribed by this chapter unless:
(1) the court ordering the recount or the state recount commission directs that the ballots be counted manually; or
(2) a request for a manual recount is made under IC 3-12-6 or IC 3-12-11.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 7. Additional Provisions Relating to Counting Absentee Ballots › 3-11.5-7-1. Canvassing of Returns

Sec. 1. (a) Absentee ballot counters shall conduct the activities conducted by precinct election officials in submitting returns to the county election board under IC 3-12-4.
(b) The returns of absentee ballot counters shall be treated the same as the returns of a precinct election board under IC 3-12-4.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.64-2014, SEC.65.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 7. Additional Provisions Relating to Counting Absentee Ballots › 3-11.5-7-2. Compensation of Couriers and Counters

Sec. 2. The voters appointed as couriers or absentee ballot counters under this article shall be compensated in the following manner:
(1) Couriers assigned to deliver absentee ballots certifications to the precincts on election day under IC 3-11.5-4-8, are entitled to a per diem established by the county executive and a sum for mileage established by the county fiscal body.
(2) The absentee ballot counters who are assigned to perform duties regarding absentee ballots on election day are entitled to a per diem established by the county executive.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.38-1999, SEC.56.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 7. Additional Provisions Relating to Counting Absentee Ballots › 3-11.5-7-3. Recounts; Precinct of Voter Residence

Sec. 3. An absentee ballot is considered to be cast in the precinct in which the voter who cast the ballot resides for the purpose of the following chapters:
(1) IC 3-12-6.
(2) IC 3-12-11.
(3) IC 3-12-12.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 7. Additional Provisions Relating to Counting Absentee Ballots › 3-11.5-7-4. Repealed

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Repealed by P.L.3-1995, SEC.155.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 8. Counting of Absentee Ballots Cast on Electronic Voting Systems › 3-11.5-8-1. Initial Determination Whether Absentee Ballot Must Be Rejected; Voiding Rejected Absentee Ballot on Electronic Voting System

Sec. 1. (a) The county election board shall make an initial determination concerning whether any absentee ballot cast on an electronic voting system must be rejected for any grounds under IC 3-11.5-4-13.
(b) If the county election board makes an initial determination under subsection (a) that an absentee ballot must be rejected, the county election board shall void the absentee ballot on the electronic voting system.
As added by P.L.157-2019, SEC.35.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 8. Counting of Absentee Ballots Cast on Electronic Voting Systems › 3-11.5-8-2. Processing of Remaining Ballots; Precinct Printouts

Sec. 2. After making an initial determination under section 1 of this chapter, the county election board shall process the remaining absentee ballots by producing a printout for each precinct in which an absentee ballot cast on an electronic voting system has been cast.
As added by P.L.157-2019, SEC.35.