reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 8. Special Elections › 3-10-8-4.5. Offices and Agencies to Be Notified of Special Election

Sec. 4.5. Whenever the election division receives a notice under section 4 of this chapter, the election division shall notify the following offices and agencies that a special election will be conducted within all or part of Indiana:
(1) Each agency serving persons with disabilities and designated as a voter registration site under IC 3-7-16.
(2) Armed forces recruitment offices in accordance with procedures established under IC 3-7-17.
(3) Each agency designated as a voter registration site and subject to IC 3-7-18.
(4) The bureau of motor vehicles for voter registration purposes under IC 9-24-2.5.
(5) The adjutant general for purposes of enforcing IC 10-16-7-17.
(6) The division of family resources for voter registration purposes under IC 12-14-1.5, IC 12-14-25, and IC 12-15-1.5.
(7) The Indiana department of health for voter registration purposes under IC 16-35-1.6.
(8) The Federal Voting Assistance Program of the United States Department of Defense, for notification of absent uniformed services voters and overseas voters.
As added by P.L.12-1995, SEC.66. Amended by P.L.2-1996, SEC.123; P.L.2-1997, SEC.8; P.L.3-1997, SEC.237; P.L.204-2001, SEC.2; P.L.2-2003, SEC.10; P.L.145-2006, SEC.2; P.L.10-2010, SEC.1; P.L.56-2023, SEC.5.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 8. Special Elections › 3-10-8-5. Law Governing Nomination of Candidates

Sec. 5. (a) Special elections are governed by other provisions of this title as far as applicable.
(b) Except as provided in section 7 of this chapter, IC 3-12-8-17, or IC 3-12-11-18, candidates in special elections shall be nominated in the same manner as candidates are nominated:
(1) to fill vacancies on the ballot under IC 3-13-1 or IC 3-13-2; or
(2) under IC 3-8-6, if a candidate does not intend to affiliate with a regular political party or represents a political party not qualified to nominate candidates at a primary election or by convention.
[Pre-1986 Recodification Citations: 3-1-7-32; 3-1-19-5.]
As added by P.L.5-1986, SEC.6. Amended by P.L.10-1989, SEC.3; P.L.3-1997, SEC.238.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 8. Special Elections › 3-10-8-6. Holding of Elections at Time Other Than That of General Election

Sec. 6. (a) Except as provided in subsection (b) or (c), if a special election is held at a time other than the time of a general election, the election shall be held in accordance with this title. Each county election board and other local public official who is required to perform any duties in connection with a general election shall perform the same duties for the special election, subject to the same provisions and penalties as for a general election.
(b) If a special election is held:
(1) under a court order under IC 3-12-8; or
(2) for a local public question;
the county election board may provide that several precincts may vote in the special election at the same polling place, if the county election board finds by unanimous vote of the entire membership of the board that the consolidation of polling places will not result in undue inconvenience to voters.
(c) If a special election is held:
(1) under a court order under IC 3-12-8 for a school board office; or
(2) for a local public question;
the county election board may by unanimous vote of the entire membership of the board adopt a resolution to provide that each precinct election board will include only one (1) inspector and one (1) judge, and that only one (1) sheriff and one (1) poll clerk may be nominated as precinct election officers. If the board has adopted a resolution under subsection (b), a resolution adopted under this subsection may also provide for more than one (1) precinct to be served by the same precinct election board. A resolution adopted under this subsection may not be rescinded by the county election board and expires the day after the special election is conducted.
(d) The following procedures apply if a county election board adopts a resolution under subsection (c):
(1) The inspector shall be nominated by the county chairman entitled to nominate an inspector under IC 3-6-6-8.
(2) The judge shall act as a clerk whenever this title requires that two (2) clerks perform a duty.
(3) The poll clerk shall act as a judge whenever this title requires that two (2) judges perform a duty.
(4) If a precinct election board administers more than one (1) precinct, the board shall keep the ballots cast in each precinct separate from ballots cast in any other precinct, so that the votes cast for each candidate and on each public question in each of the precincts administered by the board may be determined.
[Pre-1986 Recodification Citation: 3-1-19-6.]
As added by P.L.5-1986, SEC.6. Amended by P.L.3-1989, SEC.7; P.L.3-1993, SEC.108; P.L.3-1997, SEC.239; P.L.14-2004, SEC.89; P.L.230-2005, SEC.46.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 8. Special Elections › 3-10-8-7. Vacancy in United States Senate; Nominating Candidates

Sec. 7. A candidate for the office of United States Senator in a special election held to fill a vacancy in accordance with IC 3-13-3-1 shall be nominated:
(1) at a primary election held under IC 3-10-1, if the vacancy occurs no later than noon on the first date that a petition of nomination can be filed with a county voter registration office under IC 3-8-2-10 before the primary election;
(2) as provided in IC 3-13-1-3, if the vacancy occurs after noon on the first date that a petition of nomination can be filed with a county voter registration office under IC 3-8-2-10 before a primary election held under IC 3-10-1; or
(3) under IC 3-8-6, if a candidate is an independent candidate or represents a political party not qualified to nominate candidates at a primary election.
As added by P.L.10-1989, SEC.4. Amended by P.L.3-1993, SEC.109; P.L.194-2013, SEC.34.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 8. Special Elections › 3-10-8-7.5. Special Elections for United States Representative; Nomination of Candidates; Filing of Candidate Documents; Withdrawal of Candidate; Absentee Ballots

Sec. 7.5. (a) This section applies to a special election to fill one (1) or more vacancies in the office of United States Representative under 2 U.S.C. 8(b).
(b) A special election conducted under this section shall be governed by other provisions of this title as far as applicable.
(c) A political party entitled to fill a candidate vacancy under IC 3-13-2 shall nominate a candidate for election to the office under IC 3-13-2-3.
(d) A candidate who does not intend to affiliate with a political party described by subsection (c) shall:
(1) be nominated as an independent or a candidate of a political party by petition in accordance with IC 3-8-6; or
(2) file a declaration of intent to be a write-in candidate under IC 3-8-2-4(b).
(e) A certificate of candidate selection under IC 3-13-2-8, a petition of nomination, or a declaration of intent to be a write-in candidate must be filed with the election division not later than noon thirty-five (35) days before the special election is to be conducted.
(f) A candidate shall file a notice of withdrawal with the election division not later than noon thirty-three (33) days before the special election is to be conducted.
(g) As required under 2 U.S.C. 8(b)(5)(B), a county election board shall accept an absentee ballot cast by an absent uniformed services voter or an overseas voter for up to forty-five (45) days after the absentee ballot is transmitted to the voter.
(h) Notwithstanding IC 3-12-5-8(a), if a ballot accepted under subsection (g) is determined by the county election board to be otherwise valid, the circuit court clerk shall file an amendment to the certified statement previously filed under IC 3-12-5-6 with the election division not later than noon seven (7) days following the determination of the validity of the ballot. Notwithstanding IC 3-12-5-9, the election division, the secretary of state, and the governor shall prepare, execute, and transmit a replacement certificate of election if the amendment filed under this subsection results in a different candidate receiving the highest number of votes for the office.
As added by P.L.219-2013, SEC.29. Amended by P.L.278-2019, SEC.47.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 8. Special Elections › 3-10-8-8. Special Elections Ordered by Court or Recount Commission

Sec. 8. (a) A special election ordered by:
(1) a court under IC 3-12-8-17; or
(2) the state recount commission under IC 3-12-11-18;
shall be held on the ninth Tuesday after the court or commission enters an order requiring an election.
(b) The names of all candidates for a contested office must appear on the ballot in the special election held under this section unless a candidate vacancy has occurred.
(c) A special election held under this section may be held in all or part of an election district, as specified in an order by:
(1) a court under IC 3-12-8-17; or
(2) the state recount commission under IC 3-12-11-18.
As added by P.L.10-1989, SEC.5.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 8. Special Elections › 3-10-8-9. Registration Period; Poll Lists; Candidate Limitations

Sec. 9. (a) If the special election occurs during the period when registration is open under IC 3-7-13, the registration period continues through the twenty-ninth day before the special election occurs and resumes on the date specified by IC 3-7-13-10(d).
(b) The election board conducting the special election shall provide poll lists for use at the precincts that include the names of voters in the precinct who:
(1) have registered through the twenty-ninth day before the special election is to be conducted; or
(2) are absent uniformed services voters or overseas voters registered under IC 3-7-36.
(c) This subsection applies when a special election is ordered by a court under IC 3-12-8-17 or the state recount commission under IC 3-12-11-18. A candidate may not be placed on the special election ballot unless the candidate was on the ballot or was a declared write-in candidate for the office at the general election preceding the special election.
As added by P.L.3-1993, SEC.110. Amended by P.L.12-1995, SEC.67; P.L.3-1995, SEC.90; P.L.14-2004, SEC.90; P.L.10-2010, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 9. Local Public Questions › 3-10-9-1. Application of Chapter

Sec. 1. This chapter applies to voting on all local public questions.
As added by P.L.3-1987, SEC.191. Amended by P.L.278-2019, SEC.48; P.L.156-2020, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 9. Local Public Questions › 3-10-9-2. Duty to Place Question on Ballot

Sec. 2. The:
(1) county election board of each county included in the election district voting on the public question; or
(2) town election board if a public question is to be voted on at an election conducted by a town election board;
shall place the public question on the ballot in accordance with this chapter.
As added by P.L.3-1987, SEC.191. Amended by P.L.4-1991, SEC.58.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 9. Local Public Questions › 3-10-9-2.5. Local Public Question Petitions; Compliance With Documentation of Assistance to Voters With Disabilities

Sec. 2.5. If a petition is required to place a local public question on the ballot, the petition must comply with the requirements set forth in IC 3-8-6-6(b) concerning documentation of assistance to a voter with disabilities.
As added by P.L.278-2019, SEC.49.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 9. Local Public Questions › 3-10-9-3. Certification of Question

Sec. 3. If a local public question must be certified to an election board by law, that certification must occur no later than noon:
(1) seventy-four (74) days before a primary election if the public question is to be placed on the primary or municipal primary election ballot; or
(2) August 1 if the public question is to be placed on the general or municipal election ballot.
As added by P.L.3-1987, SEC.191. Amended by P.L.10-1988, SEC.96; P.L.4-1991, SEC.59; P.L.225-2011, SEC.49.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 9. Local Public Questions › 3-10-9-4. Form of Question

Sec. 4. (a) The public question shall be placed on the ballot in substantially the following form:
(The explanatory text for the public question, if required by law):
"Shall (insert public question)?"
[] YES
[] NO
(b) A public question printed on a ballot shall be set forth without any quotation marks preceding or following the text of the public question.
As added by P.L.3-1987, SEC.191. Amended by P.L.278-2019, SEC.50.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 9. Local Public Questions › 3-10-9-5. Statutory Authorization for Question

Sec. 5. A local public question may not be placed on the ballot at an election unless the placement of the local public question on the ballot at the election is expressly authorized by statute.
As added by P.L.3-1987, SEC.191. Amended by P.L.10-1988, SEC.97.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 9. Local Public Questions › 3-10-9-6. Petition for Placement on Ballot

Sec. 6. (a) If a statute requires the submission of a petition for the placement of a local public question on the ballot, the petition must:
(1) state the day of the election for which the petitioners seek the placement of the question on the ballot;
(2) contain the signature of each petitioner;
(3) contain the printed name of each petitioner; and
(4) state the residence address of each petitioner as set forth on the county voter registration record (or the mailing address if no residence address is set forth on the record).
(b) A petition is not valid for the placement of the public question on the ballot on any other election day.
As added by P.L.10-1988, SEC.98. Amended by P.L.3-1995, SEC.91; P.L.3-1997, SEC.240.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 10. Special Procedures for Presidential Elections › 3-10-10-1. Purpose of Chapter

Sec. 1. This chapter is enacted to implement 52 U.S.C. 10502 concerning voting for President and Vice President of the United States.
As added by P.L.12-1995, SEC.68. Amended by P.L.74-2017, SEC.43.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 10. Special Procedures for Presidential Elections › 3-10-10-2. Applicability of Chapter

Sec. 2. Notwithstanding other provisions in IC 3-7 concerning residency requirements for voting, special procedures apply for voting in presidential elections. The presidential voting procedures in this chapter apply only to a general election at which presidential electors are voted upon.
As added by P.L.12-1995, SEC.68. Amended by P.L.201-2017, SEC.24.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 10. Special Procedures for Presidential Elections › 3-10-10-3. Conditions for Applicability of Voting Procedures

Sec. 3. The presidential voting procedures in this chapter apply to a person who satisfies all of the following conditions:
(1) The person resided in a precinct in Indiana.
(2) The person lost residency in Indiana less than thirty (30) days before the general election.
(3) The person was a qualified and registered voter while a resident of that precinct.
(4) The person is otherwise legally qualified to vote.
(5) The person does not meet the residency requirements of the state, precinct, or political subdivision in which the person resides.
As added by P.L.12-1995, SEC.68. Amended by P.L.194-2013, SEC.35.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 10. Special Procedures for Presidential Elections › 3-10-10-4. Affidavit; Execution

Sec. 4. (a) The affidavit required under this chapter for voting in presidential elections may be executed only:
(1) at the office of the circuit court clerk or board of registration before the day of the general election;
(2) before the precinct election board of the precinct where the person formerly resided, if the affidavit is executed on the day of the general election; or
(3) when the application for an absentee ballot is filed.
(b) In years in which a presidential election is conducted, at least one (1) copy of the affidavit must be included in the material provided for the inspector of each precinct.
As added by P.L.12-1995, SEC.68.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 10. Special Procedures for Presidential Elections › 3-10-10-5. Affidavit; Copy to Voter

Sec. 5. The circuit court clerk or board of registration shall mail a copy of the affidavit to any voter who requests a copy not later than five (5) days before election day. If the voter returns the affidavit to the office of the clerk or board before the day of the general election, the affidavit shall be processed as if the affidavit had been executed in the office.
As added by P.L.12-1995, SEC.68.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 10. Special Procedures for Presidential Elections › 3-10-10-6. Affidavits, Forms, and Records to Be Marked for Presidential Election Only

Sec. 6. All affidavits, forms, and records of voter registration must be clearly marked to indicate that, in this general election, the voter may only vote for presidential electors.
As added by P.L.12-1995, SEC.68. Amended by P.L.201-2017, SEC.25.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 10. Special Procedures for Presidential Elections › 3-10-10-7. Affidavit; Required Information

Sec. 7. The affidavits for presidential voting under this chapter must contain the following information:
(1) The person's last, first, and middle name, in that order.
(2) The person's assigned identification number.
(3) The person's date of birth.
(4) Whether the person is a citizen of the United States.
(5) The person's present residence address.
(6) The address of the person's previous residence in Indiana, including the county.
(7) The person's statement that the person satisfies the conditions set forth in section 3 of this chapter.
As added by P.L.12-1995, SEC.68. Amended by P.L.169-2015, SEC.82.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 10. Special Procedures for Presidential Elections › 3-10-10-8. Affidavit; Form

Sec. 8. The election division shall prescribe the form of the affidavit required by this chapter.
As added by P.L.12-1995, SEC.68. Amended by P.L.2-1996, SEC.124; P.L.169-2015, SEC.83.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 10. Special Procedures for Presidential Elections › 3-10-10-9. Voter Executing Affidavit Challenged as Ineligible; Provisional Ballot; Sufficiency of Affidavit

Sec. 9. If a voter executes an affidavit under this chapter and is then challenged under IC 3-11-8 as ineligible to vote in the precinct, the voter shall be provided with a provisional ballot under IC 3-11.7 rather than a regular official ballot. The affidavit executed under this chapter serves as a sufficient affidavit for the voter to receive a provisional ballot under IC 3-11.7.
As added by P.L.164-2006, SEC.77.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 11. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former Residence › 3-10-11-1. Applicability of Chapter

Sec. 1. This chapter:
(1) applies to a general, municipal, primary, school district, and special election; and
(2) is enacted to implement Article 2, Section 2(c) of the Constitution of the State of Indiana.
As added by P.L.12-1995, SEC.69. Amended by P.L.176-1999, SEC.63.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 11. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former Residence › 3-10-11-2. Conditions for Applicability of Voting Procedures

Sec. 2. This chapter applies to a person who satisfies all of the following conditions:
(1) The person resided in a precinct in Indiana.
(2) The person currently resides in Indiana.
(3) The person lost residency in the precinct of the person's former residence less than thirty (30) days before the election.
(4) The person was a qualified and registered voter of the precinct of the person's former residence.
(5) The person is otherwise legally qualified to vote.
(6) The person is not registered in the precinct of the person's present residence.
(7) The person requests a transfer of the person's registration.
As added by P.L.12-1995, SEC.69. Amended by P.L.194-2013, SEC.36.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 11. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former Residence › 3-10-11-3. Precinct of Person's Former Residence

Sec. 3. As used in this chapter, "precinct of the person's former residence" refers to the precinct in which the person resided on the thirty-first day before the election.
As added by P.L.12-1995, SEC.69.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 11. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former Residence › 3-10-11-4. Voting in Precinct of Former Residence; Affidavit; Municipal Elections

Sec. 4. (a) Notwithstanding other provisions of this title concerning residency requirements for voting, but subject to subsection (b), a person described in section 2 of this chapter may vote in the precinct of the person's former residence by executing an affidavit described in this chapter.
(b) A person who changes residence from a location:
(1) outside a municipality to a location within a municipality; or
(2) within a municipality to a location outside a municipality;
less than thirty (30) days before a municipal primary election, municipal election, or special election held only within the municipality may not vote in the municipal primary election, municipal election, or special election held only within the municipality in the precinct of the person's former residence.
(c) This subsection applies to a county that has adopted an order under IC 3-7-29-6 or is a vote center county under IC 3-11-18.1-1. A voter may make a written affirmation under this section on election day using the affidavit described by this section. If the voter makes an oral affirmation, the poll clerks shall reduce the substance of the affirmation to writing using the affidavit described by this section and initial the affirmation.
As added by P.L.12-1995, SEC.69. Amended by P.L.194-2013, SEC.37; P.L.169-2015, SEC.84.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 11. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former Residence › 3-10-11-4.5. Voter Executing Affidavit Challenged as Ineligible; Provisional Ballot; Sufficiency of Affidavit

Sec. 4.5. If a voter executes an affidavit under this chapter and is then challenged under IC 3-10-1 or IC 3-11-8 as ineligible to vote in the precinct, the voter shall be provided with a provisional ballot under IC 3-11.7 rather than a regular official ballot. The affidavit executed under this chapter serves as a sufficient affidavit for the voter to receive a provisional ballot under IC 3-11.7.
As added by P.L.164-2006, SEC.78.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 11. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former Residence › 3-10-11-5. Affidavit; Required Information

Sec. 5. An affidavit executed under this chapter must contain the following information:
(1) The person's last, first, and middle name, in that order.
(2) The person's date of birth.
(3) Whether the person is a United States citizen.
(4) The person's current address, including the county. If the person resides in a municipality, the address must include the street address, including apartment number or other designation, or the name and room number of the hotel or lodging house. If the person does not reside in a municipality, the address must include the mailing address and the street or road.
(5) The address of the person's previous residence, including the county.
(6) The person's statement that the person satisfies the conditions set forth in section 2 of this chapter.
(7) Responses to the questions listed in IC 3-7-22-5(3) and IC 3-7-22-5(4).
(8) The person's voter identification number to permit transfer of the registration under IC 3-7-13-13.
As added by P.L.12-1995, SEC.69. Amended by P.L.209-2003, SEC.103; P.L.164-2006, SEC.79; P.L.64-2014, SEC.38; P.L.169-2015, SEC.85.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 11. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former Residence › 3-10-11-6. Affidavit; Form

Sec. 6. The election division shall prescribe the form of the affidavit required by this chapter that must permit the person to execute a request for transfer of the person's registration.
As added by P.L.12-1995, SEC.69. Amended by P.L.2-1996, SEC.125; P.L.169-2015, SEC.86.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 11. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former Residence › 3-10-11-7. Affidavit; Methods of Execution

Sec. 7. The affidavit required by this chapter may be executed as follows:
(1) At the office of the circuit court clerk or the board of registration for the county of the precinct of the person's former residence, not later than 4 p.m. on the day before the election.
(2) Before the inspector of the precinct of the person's former residence, if the application and statement are executed on the day of the election.
(3) When the application for an absentee ballot is filed with the county election board of the county of the precinct of the person's former residence.
As added by P.L.12-1995, SEC.69.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 11. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former Residence › 3-10-11-8. Affidavit; Presentation Required

Sec. 8. If the person executes the affidavit under this chapter at the office of the circuit court clerk or board of registration before the day of the election, the clerk or board shall furnish a copy of the affidavit to the person. The person shall present the copy to the inspector of the precinct of the person's former residence when the person offers to vote in that precinct under IC 3-11-8.
As added by P.L.12-1995, SEC.69.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 11. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former Residence › 3-10-11-9. Affidavit; Attached to Absentee Ballot

Sec. 9. If the person executes the affidavit under this chapter when filing an application for an absentee ballot, the county election board shall attach the original or a copy of the affidavit to the person's application for an absentee ballot before the application and ballot are delivered to the inspector of the precinct of the person's former residence.
As added by P.L.12-1995, SEC.69.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 11. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former Residence › 3-10-11-10. Affidavit; Execution in Presence of Inspector; Providing Voter Registration Application

Sec. 10. If the person executes the affidavit under this chapter before the inspector of the precinct of the person's former residence on the day of the election, the inspector shall do both of the following:
(1) Provide the person with a voter registration application, and request that the person complete and sign the application.
(2) Return the original affidavit and any completed voter registration application to the county voter registration office after the closing of the polls.
As added by P.L.12-1995, SEC.69. Amended by P.L.194-2013, SEC.38.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 12. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former Residence Under Nvra › 3-10-12-1. Purpose of Chapter

Sec. 1. This chapter:
(1) prescribes the procedure for certain voters to cast ballots under 52 U.S.C. 20507(e)(2) in a precinct where the voter formerly resided; and
(2) is enacted to implement Article 2, Section 2(c) of the Constitution of the State of Indiana.
As added by P.L.12-1995, SEC.70. Amended by P.L.176-1999, SEC.64; P.L.128-2015, SEC.153.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 12. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former Residence Under Nvra › 3-10-12-2. Applicability of Chapter

Sec. 2. This chapter applies to a general, municipal, primary, school district, and special election.
As added by P.L.12-1995, SEC.70.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 12. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former Residence Under Nvra › 3-10-12-3. Repealed

As added by P.L.12-1995, SEC.70. Amended by P.L.3-1995, SEC.92; P.L.176-1999, SEC.65; P.L.202-1999, SEC.18. Repealed by P.L.230-2005, SEC.91.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 12. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former Residence Under Nvra › 3-10-12-3.4. Voter Who Changes Residence Voting in Municipal Election

Sec. 3.4. (a) This section applies to a voter who:
(1) changes residence from a precinct in a county to another precinct:
(A) in the same county; and
(B) in the same congressional district;
as the former precinct; and
(2) does not notify the county voter registration office of the change of address before election day.
(b) A voter described by subsection (a) may:
(1) correct the voter registration record; and
(2) vote in the precinct where the voter formerly resided;
if the voter makes an oral affirmation as described in subsection (e) or uses the affidavit prescribed by the election division under IC 3-10-11-6 to make a written affirmation as described in section 4 of this chapter of the voter's current residence address.
(c) A voter who moved outside of a municipality may not return to the precinct where the voter formerly resided to vote in a municipal election.
(d) A voter who moved from a location outside a municipality to a location within a municipality before a:
(1) municipal primary election;
(2) municipal election; or
(3) special election held only within the municipality;
may not vote in the municipal primary election, municipal election, or special election held only within the municipality in the precinct of the person's former residence.
(e) A voter entitled to make a written affirmation under subsection (b) may make an oral affirmation. The voter must make the oral affirmation before the poll clerks of the precinct. After the voter makes an oral affirmation under this subsection, the poll clerks shall:
(1) reduce the substance of the affirmation to writing at an appropriate location on the poll list; and
(2) initial the affirmation.
As added by P.L.230-2005, SEC.47. Amended by P.L.194-2013, SEC.39; P.L.74-2017, SEC.44.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 12. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former Residence Under Nvra › 3-10-12-3.5. Affirmation Must Include Voter Identification Number

Sec. 3.5. The written affirmation described in section 3.4 of this chapter must include the person's voter identification number to permit transfer of the registration under IC 3-7-13-13.
As added by P.L.209-2003, SEC.104. Amended by P.L.230-2005, SEC.48; P.L.164-2006, SEC.80.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 12. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former Residence Under Nvra › 3-10-12-4. Execution of Written Affirmation; Providing Voter Registration Application

Sec. 4. (a) The written affirmation described in section 3.4 of this chapter may be executed as follows:
(1) At the county voter registration office for the county of the precinct of the person's former residence, not later than 4 p.m. on the day before the election.
(2) Before the inspector of the precinct of the person's former residence, if the application and statement are executed on the day of the election.
(3) When the application for an absentee ballot is filed with the county election board of the county of the precinct of the person's former residence.
(b) If the person executes the affidavit under this section at the county voter registration office before the day of the election, the office shall furnish a copy of the affirmation to the person. The person shall present the copy to the inspector of the precinct of the person's former residence when the person offers to vote in that precinct under IC 3-11-8.
(c) If the person executes the affirmation under this section when filing an application for an absentee ballot, the county election board shall attach the original or a copy of the affirmation to the person's application for an absentee ballot before the application and ballot are delivered to the inspector of the precinct of the person's former residence.
(d) If the person executes the affirmation under this section before the inspector of the precinct of the person's former residence on the day of the election, the inspector shall do both of the following:
(1) Provide the person with a voter registration application, if the person's current address is located within the same county as the precinct of the person's former residence, and request that the person complete and sign the application.
(2) Return the original affirmation to the county election board.
The county election board shall forward the affidavit and any completed voter registration application to the county voter registration office after the closing of the polls.
(e) This subsection applies to a county that has adopted an order under IC 3-7-29-6 or is a vote center county under IC 3-11-18.1-1. A voter may make a written affirmation under section 3.4 of this chapter on election day using the affidavit described by IC 3-10-11-4. If the voter makes an oral affirmation under section 3.4 of this chapter, the poll clerks shall reduce the substance of the affirmation to writing using the affidavit described by IC 3-10-11-4 and initial the affirmation.
As added by P.L.3-1995, SEC.93. Amended by P.L.230-2005, SEC.49; P.L.194-2013, SEC.40; P.L.169-2015, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 10. Provisions Governing Certain Types of Elections › Chapter 12. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former Residence Under Nvra › 3-10-12-5. Voter Making Affirmation Challenged as Ineligible; Provisional Ballot; Sufficiency of Affidavit

Sec. 5. If a voter makes an oral or a written affirmation under this chapter and is then challenged under IC 3-10-1 or IC 3-11-8 as ineligible to vote in the precinct, the voter shall be provided with a provisional ballot under IC 3-11.7 rather than a regular official ballot. The oral or written affirmation made under this chapter serves as a sufficient affidavit for the voter to receive a provisional ballot under IC 3-11.7.
As added by P.L.164-2006, SEC.81.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 1. Repealed

[Pre-1986 Recodification Citations:
3-11-1-1formerly 3-1-8-2(a)3-11-1-2formerly 3-1-8-83-11-1-3formerly 3-1-8-1(b), (c), (d)3-11-1-4formerly 3-1-8-1(e) part3-11-1-5formerly 3-1-8-1(e) part3-11-1-6formerly 3-1-8-2(b) part3-11-1-7formerly 3-1-8-2(d); 3-1-8-3(a) part3-11-1-8formerly 3-1-8-2(c) part; 3-1-8-3(a) part3-11-1-9formerly 3-1-8-3(b)3-11-1-10formerly 3-1-8-93-11-1-11formerly 3-1-8-2(b) part; 3-1-8-6(a) part3-11-1-12formerly 3-1-8-6(a) part3-11-1-13formerly 3-1-8-6(b)3-11-1-14formerly 3-1-8-6(c)3-11-1-15formerly 3-1-8-6(d)3-11-1-16formerly 3-1-8-5 part3-11-1-17formerly 3-1-8-5 part3-11-1-18formerly 3-1-8-1 part3-11-1-19formerly 3-1-8-1(a) part; 3-1-8-43-11-1-20formerly 3-1-8-1 part.]
Repealed by P.L.13-1988, SEC.23.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 1.5. Precincts › 3-11-1.5-1. "Establishing a Precinct" Defined

Sec. 1. As used in this chapter, "establishing a precinct" includes the following:
(1) Dividing one (1) precinct into two (2) or more precincts.
(2) Combining two (2) or more precincts into one (1) precinct.
(3) Altering a boundary line dividing two (2) or more precincts.
As added by P.L.13-1988, SEC.1.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 1.5. Precincts › 3-11-1.5-1.5. "Gis" Defined

Sec. 1.5. As used in this chapter, "GIS" refers to the geographic information system maintained by the office under IC 2-5-1.1-12.2.
As added by P.L.212-2001, SEC.10. Amended by P.L.1-2002, SEC.8.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 1.5. Precincts › 3-11-1.5-2. Establishment by County Executive

Sec. 2. Each county executive shall establish precincts in the incorporated and unincorporated areas of the county in the manner described in this chapter.
As added by P.L.13-1988, SEC.1.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 1.5. Precincts › 3-11-1.5-3. Number of Voters per Precinct

Sec. 3. (a) Except as provided in:
(1) subsection (b);
(2) subsection (c);
(3) section 3.2 of this chapter; or
(4) section 3.5 of this chapter;
a county executive shall establish precincts so that a precinct contains not more than two thousand (2,000) active voters.
(b) This subsection applies to a precinct that includes:
(1) an entire township, but does not cross a township boundary in violation of section 4 of this chapter;
(2) an entire city legislative body district, but does not cross the boundary of a city legislative body district;
(3) an entire town legislative body district, but does not cross the boundary of a town legislative body district; or
(4) one (1) residential structure containing more than two thousand (2,000) active voters and no other residential structure containing voters.
In changing precincts or establishing new precincts, a county executive shall arrange a precinct so that it will contain not more than two thousand three hundred (2,300) active voters.
(c) A county executive is not required to establish precincts so that a precinct contains not more than two thousand (2,000) active voters if the precinct:
(1) was established by the county executive in compliance with subsection (a) within the preceding forty-eight (48) months; and
(2) contains not more than two thousand two hundred (2,200) active voters.
(d) A county executive is not required to establish precincts so that a precinct contains not more than two thousand (2,000) active voters or two thousand three hundred (2,300) active voters if the precinct is in a county designated as a vote center county.
As added by P.L.13-1988, SEC.1. Amended by P.L.3-1989, SEC.8; P.L.8-1990, SEC.1; P.L.7-1990, SEC.36; P.L.19-1993, SEC.1; P.L.12-1995, SEC.71; P.L.4-1996, SEC.59; P.L.169-2015, SEC.88; P.L.227-2023, SEC.62.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 1.5. Precincts › 3-11-1.5-3.1. Precinct May Not Be Established After June 30, 2019, With Fewer Than 600 Active Voters; Exceptions

Sec. 3.1. (a) Except as provided in subsection (b), a county may not establish a precinct under this chapter so that any precinct has less than six hundred (600) active voters.
(b) A county may establish a precinct having less than six hundred (600) active voters if any of the following apply:
(1) The precinct to be established would consist of an entire:
(A) county commissioner district;
(B) county council district;
(C) township;
(D) city;
(E) town;
(F) city common council district; or
(G) town council district.
(2) Establishing the precinct is required so that a boundary of a governmental entity or election district described in section 4 of this chapter is not crossed.
(3) Establishing a precinct of less than six hundred (600) active voters would avoid establishing a split precinct.
As added by P.L.278-2019, SEC.51. Amended by P.L.108-2021, SEC.3.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 1.5. Precincts › 3-11-1.5-3.2. Petition for Waiver of Limitation on Number of Voters; Expiration

Sec. 3.2. (a) A county executive may file a petition with the election division requesting the commission to waive the requirements imposed by section 3 of this chapter. The petition must:
(1) identify each precinct to be subject to the waiver;
(2) state the number of voters that would be included in each precinct described in subdivision (1) if the waiver is granted; and
(3) state the reasons why the waiver should be granted.
(b) If the commission determines that compliance with the requirements of section 3 of this chapter would result in unnecessary expense and inconvenience for the county, the commission may grant a waiver exempting some or all of the precincts identified in the petition from section 3 of this chapter.
(c) A waiver granted for a precinct under this section expires when the county executive submits a subsequent proposed precinct establishment order for that precinct.
As added by P.L.8-1990, SEC.2. Amended by P.L.2-1996, SEC.126; P.L.3-1997, SEC.241.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 1.5. Precincts › 3-11-1.5-3.5. Precincts Within Campuses of Universities

Sec. 3.5. (a) This section does not apply to a precinct located in a county having a consolidated city.
(b) This section applies to a precinct:
(1) that is located wholly or partially within the campus of:
(A) Ball State University;
(B) Indiana State University;
(C) Indiana University;
(D) Purdue University;
(E) The University of Evansville;
(F) The University of Southern Indiana; or
(G) Vincennes University;
with more full-time students enrolled at that campus than are enrolled at any other campus of that university; or
(2) that contains a structure owned by a university described in subdivision (1) that houses more than one hundred (100) students of the university.
(c) A county executive may establish a precinct subject to this section without regard to the number of registered voters permitted under section 3 of this chapter if less than forty percent (40%) of the active voters entitled to vote in the precinct voted in the last primary election.
As added by P.L.5-1989, SEC.43. Amended by P.L.12-1995, SEC.72; P.L.38-1999, SEC.34.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 1.5. Precincts › 3-11-1.5-4. Boundaries; Arrangement to Prevent Crossing Other Boundaries

Sec. 4. A county executive shall establish precincts so that each boundary of each precinct does not cross the boundary of:
(1) the state;
(2) a county;
(3) a township;
(4) a district of the House of Representatives of the Congress of the United States;
(5) a district of the senate of the general assembly; or
(6) a district of the house of representatives of the general assembly.
As added by P.L.13-1988, SEC.1. Amended by P.L.126-2002, SEC.36.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 1.5. Precincts › 3-11-1.5-5. Boundaries; Arrangement to Follow Other Boundaries

Sec. 5. A county executive shall establish precincts so that each boundary of each precinct follows:
(1) a boundary described in section 4 of this chapter;
(2) a boundary of a city or town;
(3) a boundary of a town legislative body district;
(4) a boundary of a census block established by the Bureau of the Census and depicted in the GIS; or
(5) a boundary of a school corporation that does not follow a census block line.
As added by P.L.13-1988, SEC.1. Amended by P.L.3-1993, SEC.111; P.L.2-1996, SEC.127; P.L.3-1997, SEC.242; P.L.212-2001, SEC.11; P.L.126-2002, SEC.37.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 1.5. Precincts › 3-11-1.5-6. Territory Not Included in Established Precincts; Inclusion in Contiguous Precinct

Sec. 6. If any territory in any county is not included in one (1) of the precincts established by the county executive under this chapter, that territory is included within the precinct that:
(1) is contiguous to that territory; and
(2) contains the least number of registered voters according to the precinct registration record maintained by the circuit court clerk or the board of registration on the date of the most recent general election.
As added by P.L.13-1988, SEC.1. Amended by P.L.7-1990, SEC.37.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 1.5. Precincts › 3-11-1.5-7. Territory Included in More Than One Established Precinct

Sec. 7. If any territory in any county is included in more than one (1) of the precincts established by the county executive under this chapter, that territory is included within the precinct that:
(1) is one (1) of the precincts in which that territory is described in the orders issued by the county executive under this chapter;
(2) is contiguous to that territory; and
(3) contains the least number of registered voters according to the precinct registration record maintained by the circuit court clerk or the board of registration as of the date of the most recent general election.
As added by P.L.13-1988, SEC.1. Amended by P.L.7-1990, SEC.38.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 1.5. Precincts › 3-11-1.5-8. Division of Territory Not Included in Established District or Included in More Than One Established District

Sec. 8. If assigning territory to a precinct under sections 6 through 7 of this chapter would create a precinct that includes territory of more than one (1) of the entities listed in section 4 of this chapter, the territory shall be divided along the boundary of the entities and each part of the territory assigned to a separate precinct in accordance with sections 6 through 7 of this chapter.
As added by P.L.13-1988, SEC.1.