reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 8. Counting of Absentee Ballots Cast on Electronic Voting Systems › 3-11.5-8-3. Tabulation of Valid Absentee Ballots

Sec. 3. After making an initial determination under section 1 of this chapter and processing the ballots under section 2 of this chapter, the county election board shall tabulate the valid absentee ballots cast on the electronic voting system.
As added by P.L.157-2019, SEC.35. Amended by P.L.156-2020, SEC.4.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 1. Application and General Provisions › 3-11.7-1-2. Form of Provisional Ballot

Sec. 2. (a) Except as provided in subsection (b), a provisional ballot must have the same form as an absentee ballot for:
(1) the election for which the ballot is cast; and
(2) the precinct in which the ballot is cast.
(b) A provisional ballot must indicate that the ballot is a provisional ballot and not an absentee ballot.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 1. Application and General Provisions › 3-11.7-1-3. Procedures Relating to Provisional Ballots

Sec. 3. Except as otherwise provided in this article, the procedures described in this title for paper ballots apply to provisional ballots.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 1. Application and General Provisions › 3-11.7-1-4. Clerk to Estimate Number of Provisional Ballots Required for an Election

Sec. 4. Each circuit court clerk shall:
(1) not less than sixty (60) days before the date on which a general, primary, or municipal election is held; or
(2) not more than three (3) days after the date on which a special election is ordered;
estimate the number of provisional ballots that will be required in the county for the election.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 1. Application and General Provisions › 3-11.7-1-6. Provisional Ballots Prepared by County Election Board; Write-in Votes; Delivery to Circuit Court Clerk

Sec. 6. (a) All provisional ballots shall be prepared and printed under the direction of each county election board.
(b) After completing the estimate required by section 4 of this chapter, the county election board shall immediately prepare the ballots and have the ballots printed.
(c) Except as provided in subsection (e), ballots prepared by the county election board under this section must provide space for the voter to cast a write-in ballot.
(d) The provisional ballots that are prepared and printed under this section shall be delivered to the circuit court clerk not later than fifty (50) days before a general, primary, special, or municipal election.
(e) Space for write-in voting for an office is not required if there are no declared write-in candidates for that office. However, procedures must be implemented to permit write-in voting for candidates for federal offices.
(f) This subsection applies to the printing of provisional ballots for a general election in which the names of the nominees for President and Vice President of the United States are to be printed on the ballot. The provisional ballots that are prepared and printed under this section must be delivered to the circuit court clerk or the clerk's authorized deputy not later than thirty-eight (38) days before the general election.
As added by P.L.126-2002, SEC.87. Amended by P.L.14-2004, SEC.150; P.L.169-2015, SEC.146.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 1. Application and General Provisions › 3-11.7-1-7. Clerk's Signature and Seal on Provisional Ballots

Sec. 7. Each provisional ballot must be signed by the circuit court clerk or an individual authorized by the circuit court clerk and have the circuit court clerk's seal affixed.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 1. Application and General Provisions › 3-11.7-1-8. Provisional Ballot Envelopes

Sec. 8. The county election board shall provide to each precinct election board envelopes marked "Provisional Ballot" in which a provisional voter places the voter's provisional ballot.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 1. Application and General Provisions › 3-11.7-1-9. Marking Provisional Ballot Packages

Sec. 9. Each package of provisional ballots delivered to a circuit court clerk shall be plainly marked on an appropriate attached label with the words: "This package contains _______ (giving number of ballots) provisional ballots.". The clerk shall securely keep all ballots in the clerk's office and shall distribute them to applicants as provided in this article.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 2. Casting a Provisional Ballot › 3-11.7-2-1. Requirements; Notice to Voter

Sec. 1. (a) As provided by 52 U.S.C. 21082, this section applies to the following individuals:
(1) An individual:
(A) whose name does not appear on the registration list; and
(B) who is challenged under IC 3-10-1 or IC 3-11-8 after the voter makes an oral or a written affirmation under IC 3-7-48-5 or IC 3-7-48-7 or after the voter produces a certificate of error under IC 3-7-48-1.
(2) An individual described by IC 3-10-1-10.5, IC 3-11-8-23.5, or IC 3-11-8-27.5 who is challenged as not eligible to vote.
(3) An individual who seeks to vote in an election as a result of a court order (or any other order) extending the time established for closing the polls under IC 3-11-8-8.
(b) As required by 52 U.S.C. 21083, a voter who has registered to vote but has not:
(1) presented identification required under 52 U.S.C. 21083 to the poll clerk before voting in person under IC 3-11-8-25.1; or
(2) filed a copy of the identification required under 52 U.S.C. 21083 to the county voter registration office before the voter's absentee ballot is cast;
is entitled to vote a provisional ballot under this article.
(c) A precinct election officer shall inform an individual described by subsection (a)(1) or (a)(2) that the individual may cast a provisional ballot if the individual:
(1) is eligible to vote under IC 3-7-13-1;
(2) submitted a voter registration application during the registration period described by IC 3-7-13-10; and
(3) executes an affidavit described in IC 3-10-1-9 or IC 3-11-8-23.
(d) A precinct election officer shall inform an individual described by subsection (a)(3) that the individual may cast a provisional ballot.
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.171; P.L.164-2006, SEC.121; P.L.219-2013, SEC.61; P.L.128-2015, SEC.201.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 2. Casting a Provisional Ballot › 3-11.7-2-2. Duties of Voter; Instructions to Voter

Sec. 2. (a) A provisional voter shall do the following:
(1) Execute the affidavit described in IC 3-10-1-9 or IC 3-11-8-23.
(2) Sign the poll list.
(3) Mark the ballot in the presence of no other person, unless the voter requests help in marking a ballot under IC 3-11-9.
(4) Fold each ballot separately.
(5) Fold each ballot so as to conceal the marking.
(6) Enclose each ballot, with the seal and signature of the circuit court clerk on the outside, together with any unused ballot, in the envelope provided by the county election board under IC 3-11.7-1-8.
(7) Securely seal the envelope.
(b) A provisional voter may mark a ballot with a pen or a lead pencil.
(c) This subsection applies to a provisional voter described in section 1(a)(1), 1(a)(2), or 1(a)(3) of this chapter. As provided by 52 U.S.C. 21082, a precinct election officer shall give the provisional voter a copy of the written instructions prescribed by the county election board under IC 3-11.7-6-3 after the voter returns the envelope containing the provisional voter's ballots.
(d) This subsection applies to a provisional voter described in section 1(a) or 1(b) of this chapter. In addition to the written instructions required by subsection (c), a precinct election officer shall provide the provisional voter, both orally and in writing, an explanation of what actions, if any, the provisional voter must take in order to have the provisional voter's ballot counted. The election division shall prescribe the form of the explanation required by this subsection.
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.172; P.L.128-2015, SEC.202; P.L.157-2019, SEC.36; P.L.193-2021, SEC.76; P.L.115-2022, SEC.11.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 2. Casting a Provisional Ballot › 3-11.7-2-3. Duties of Precinct Election Board; Affidavits and Envelopes; Provisional Ballots; Ballots Cast After Regular Polling Hours

Sec. 3. (a) The precinct election board shall affix to the envelope the challenger's affidavit and the affidavit executed by the provisional voter under section 1 of this chapter.
(b) The form of the envelope is prescribed under IC 3-6-4.1-14. The envelope must permit a member of a precinct election board to indicate whether the voter has been issued a provisional ballot as the result of a challenge based on the voter's inability or declination to provide proof of identification.
(c) Except as provided in subsection (d) and in accordance with 52 U.S.C. 21082, the precinct election board shall securely keep the sealed envelope, along with the affidavits affixed to the envelope, in another envelope or container marked "Provisional Ballots".
(d) This subsection applies to the sealed envelope and the affidavits affixed to the envelope of a provisional voter described in section 1(a)(3) of this chapter. As required by 52 U.S.C. 21082, the precinct election board shall keep the sealed envelope or container separate from the envelope or container described in subsection (c). The envelope or container described in this subsection must be labeled "Provisional Ballots Issued After Regular Poll Closing Hours".
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.173; P.L.109-2005, SEC.11; P.L.128-2015, SEC.203.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 2. Casting a Provisional Ballot › 3-11.7-2-4. Handling Provisional Ballots at Close of Polls

Sec. 4. As required by 52 U.S.C. 21082, at the close of the polls, the precinct election board shall do the following:
(1) Seal:
(A) all the provisional ballots; and
(B) any spoiled provisional ballots;
of provisional voters other than provisional voters described in section 1(a)(3) of this chapter in the container described in section 3(b) of this chapter and mark on the container the number of provisional ballots contained.
(2) Seal:
(A) all the provisional ballots; and
(B) any spoiled provisional ballots;
of provisional voters described in section 1(a)(3) of this chapter in the container described in section 1(a)(3) of this chapter and mark on the container the number of provisional ballots contained.
The inspector shall return the container with all the provisional ballots to the circuit court clerk after the close of the polls.
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.174; P.L.128-2015, SEC.204.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 3. Provisional Ballot Counters › 3-11.7-3-1. Appointment of Provisional Ballot Counter Teams

Sec. 1. Each county election board shall appoint teams of provisional ballot counters 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.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 3. Provisional Ballot Counters › 3-11.7-3-2. Qualifications for Provisional Ballot Counters

Sec. 2. An otherwise qualified person is eligible to serve as a counter 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 in any part of the county, except as an unopposed candidate for 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 in any part of the county, except as an unopposed candidate. This subdivision disqualifies a person whose relationship to the candidate is the result of birth, marriage, or adoption.
As added by P.L.126-2002, SEC.87. Amended by P.L.14-2004, SEC.151.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 3. Provisional Ballot Counters › 3-11.7-3-3. Recommendation of Provisional Ballot Counters by County Chairmen

Sec. 3. Not later than noon ten (10) days before an election, 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 teams of counters to be appointed under this section.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 3. Provisional Ballot Counters › 3-11.7-3-4. Deadline for Recommendation by County Chairmen

Sec. 4. The county chairmen shall make written recommendations for the appointments to the county election board not later than noon three (3) days before the election. The county election board shall make the appointments as recommended.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 3. Provisional Ballot Counters › 3-11.7-3-5. Failure of County Chairman to Recommend; Appointment of Provisional Ballot Counters by County Election Board

Sec. 5. If a county chairman fails to make any recommendations not later than the deadline specified under section 4 of this chapter, the county election board may appoint any voters of the county who comply with section 2 of this chapter.
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.175; P.L.14-2004, SEC.152.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 3. Provisional Ballot Counters › 3-11.7-3-6. Absentee Ballot Counters May Serve as Provisional Ballot Counters

Sec. 6. An individual serving as an absentee ballot counter under IC 3-11.5-4-22 may also serve as a provisional ballot counter under this chapter.
As added by P.L.126-2002, SEC.87. Amended by P.L.278-2019, SEC.130.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 3. Provisional Ballot Counters › 3-11.7-3-7. Compensation of Provisional Ballot Counters

Sec. 7. A provisional ballot counter is entitled to a per diem at a rate set by the county fiscal body.
As added by P.L.278-2019, SEC.131.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 3. Provisional Ballot Counters › 3-11.7-3-8. Absentee Ballot Counter, Provisional Ballot Counter Not Lucrative Office

Sec. 8. For purposes of Article 2, Section 9 of the Constitution of the State of Indiana, the position of absentee ballot counter or provisional ballot counter is not a lucrative office.
As added by P.L.109-2021, SEC.68.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 4. Watchers for Political Parties, Candidates, and the Media › 3-11.7-4-1. Applicability of Statutes Governing Watchers

Sec. 1. The following apply for the purposes of IC 3-6-8, IC 3-6-9, and IC 3-6-10:
(1) The location for counting provisional ballots shall be treated the same as a precinct poll.
(2) A provisional ballot counter shall be treated the same as a precinct election official.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 4. Watchers for Political Parties, Candidates, and the Media › 3-11.7-4-2. Rights and Requirements of Watchers Appointed by Parties or Independent Candidates

Sec. 2. (a) Political parties or independent candidates described in IC 3-6-8-1 may appoint watchers at the location for counting provisional ballots.
(b) A watcher appointed under this section:
(1) has the rights; and
(2) must follow the requirements;
set forth in IC 3-6-8.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 4. Watchers for Political Parties, Candidates, and the Media › 3-11.7-4-3. Rights and Requirements of Watchers Appointed by Candidates

Sec. 3. (a) A candidate entitled to appoint a watcher under IC 3-6-9 may appoint a watcher at the location for counting provisional ballots.
(b) A watcher appointed under this section:
(1) has the rights; and
(2) must follow the requirements;
set forth in IC 3-6-9.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 4. Watchers for Political Parties, Candidates, and the Media › 3-11.7-4-4. Rights and Requirements of Watchers Appointed by Media

Sec. 4. (a) Media entitled to appoint a watcher under IC 3-6-10 may appoint a watcher at the location for counting provisional ballots.
(b) A watcher appointed under this section:
(1) has the rights; and
(2) must follow the requirements;
set forth in IC 3-6-10.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-1. Requirements and Deadlines for Counting Ballots

Sec. 1. (a) After the close of the polls, provisional ballots shall be counted as provided in this chapter.
(b) Notwithstanding IC 3-5-4-1.5 and any legal holiday observed under IC 1-1-9, all provisional ballots must be counted by not later than 3 p.m. ten (10) days following the election.
As added by P.L.126-2002, SEC.87. Amended by P.L.14-2004, SEC.153; P.L.221-2005, SEC.56; P.L.164-2006, SEC.122; P.L.225-2011, SEC.75.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-1.5. Provisional Ballot; Counting When Ballot Made Invalid by Mistake or Inadvertence of Election Officer; When Election Board May Determine Not to Count

Sec. 1.5. (a) Subsection (c) applies to a provisional ballot that the county election board determines, by a majority vote of its members and in accordance with this title:
(1) has been marked and cast by a voter in compliance with this title; but
(2) may not otherwise be counted solely as the result of the act or failure to act of an election officer.
(b) Subsection (c) does not apply to either of the following:
(1) A provisional ballot cast by an individual who seeks to vote in an election as the result of a court or other order extending the time established for closing the polls under IC 3-11-8-8 if the county election board determines or is directed under a court or other order that all provisional ballots issued after regular poll closing hours are not to be counted.
(2) A provisional ballot that is required to be rejected by a county election board under section 2(b) of this chapter as the result of information or lack of information provided by a voter registration agency.
(c) The sealed envelope containing a provisional ballot described in subsection (a) shall nevertheless be opened under section 4 of this chapter and the provisional ballot counted unless evidence of fraud, tampering, or misconduct affecting the integrity of the ballot is demonstrated. The act or failure to act by an election officer is not by itself evidence of fraud, tampering, or misconduct affecting the integrity of the ballot.
(d) Notwithstanding subsection (c), if the county election board, by a majority vote of its members, determines that there is evidence presented to the board demonstrating that the individual who cast the provisional ballot was ineligible to cast a regular ballot in that precinct, or evidence has been presented to the board demonstrating any other reason set forth in HAVA or this title not to count a provisional ballot, the provisional ballot may not be counted.
(e) This subsection applies to a provisional ballot cast by a voter after the voter was challenged solely because the voter was unable or declined to provide proof of identification and not for any other reason. If the voter later complies with the requirements of this title for proof of identification, the provisional ballot cast by the voter shall be counted in accordance with sections 2 and 2.5 of this chapter.
As added by P.L.221-2005, SEC.99. Amended by P.L.164-2006, SEC.123; P.L.278-2019, SEC.132.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-1.7. Effect of Affidavit Evidence on Counting Provisional Ballot

Sec. 1.7. (a) This section does not apply to a provisional ballot cast by a voter for any of the following reasons:
(1) The provisional ballot was cast by the voter under a court order extending the hours that the polls were open.
(2) The provisional ballot was cast by a voter who is not on the poll list who indicates that the voter applied to register at a voter registration agency.
(3) The provisional ballot was cast by the voter after the voter was challenged solely due to the voter being unable or declining to provide proof of identification.
(4) The provisional ballot was cast by the voter after the voter was challenged solely due to the voter's failure to provide additional documentation.
(b) If the only evidence before the county election board on the question of counting of the provisional ballot cast by the voter is:
(1) the affidavit of the voter who cast the provisional ballot; and
(2) the affidavit of a challenger challenging the voter who cast the provisional ballot;
the provisional ballot shall be counted if the individual is a registered voter of that precinct.
As added by P.L.278-2019, SEC.133. Amended by P.L.141-2020, SEC.14; P.L.193-2021, SEC.77.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-2. Criteria for Determining Validity of Ballots

Sec. 2. (a) Except as provided in section 5 of this chapter, if the county election board determines that all the following apply, a provisional ballot is valid and shall be counted under this chapter:
(1) The affidavit executed by the provisional voter under IC 3-11.7-2-1 is properly executed.
(2) The provisional voter is a qualified voter of the precinct and has provided proof of identification, if required, under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26.
(3) Based on all the information available to the county election board, including:
(A) information provided by the provisional voter;
(B) information contained in the county's voter registration records; and
(C) information contained in the statewide voter registration file;
the provisional voter registered to vote at a registration agency under this article on a date within the registration period.
(b) If the provisional voter has provided information regarding the registration agency where the provisional voter registered to vote, the board shall promptly make an inquiry to the agency regarding the alleged registration. The agency shall respond to the board not later than noon of the first Friday after the election, indicating whether the agency's records contain any information regarding the registration. If the agency does not respond to the board's inquiry, or if the agency responds that the agency has no record of the alleged registration, the board shall reject the provisional ballot. The board shall endorse the ballot with the word "Rejected" and document on the ballot the inquiry and response, if any, by the agency.
(c) Except as provided in section 5 of this chapter, a provisional ballot cast by a voter described in IC 3-11.7-2-1(b) is valid and shall be counted if the county election board determines under this article that the voter filed the documentation required under IC 3-7-33-4.5 and 52 U.S.C. 21083 with the county voter registration office not later than the closing of the polls on election day.
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.176; P.L.109-2005, SEC.12; P.L.103-2005, SEC.15; P.L.128-2015, SEC.205.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-2.7. Determination of Validity of Provisional Ballot; Nondisclosure of Identifying Information

Sec. 2.7. During the county election board's consideration of the validity of a provisional ballot, the board shall not publicly identify the individual who cast the ballot by name or any identifying number, but shall refer to the ballot in terms sufficient to preserve the record regarding the board's determination regarding the validity of the provisional ballot.
As added by P.L.64-2014, SEC.66.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-3. Consequence for Ballots Not Satisfying Criteria

Sec. 3. (a) If the board determines that the affidavit executed by the provisional voter has not been properly executed, that the provisional voter is not a qualified voter of the precinct, that the voter failed to provide proof of identification when required under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26, or that the provisional voter did not register to vote at a registration agency under this article on a date within the registration period, the board shall make the following findings:
(1) The provisional ballot is invalid.
(2) The provisional ballot may not be counted.
(3) The provisional ballot envelope containing the ballots cast by the provisional voter may not be opened.
(b) If the county election board determines that a provisional ballot is invalid, a notation shall be made on the provisional ballot envelope: "Provisional ballot determined invalid".
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.177; P.L.109-2005, SEC.14; P.L.103-2005, SEC.17.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-4. Valid Ballots; Opening and Marking

Sec. 4. If the board determines that a provisional ballot is valid under section 2 of this chapter, the provisional ballot envelope shall be opened. The outside of each provisional ballot shall also be marked to identify the precinct and the date of the election of the ballots.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-5. Ballots Rejected; Absence of Poll Clerks' Initials

Sec. 5. (a) If any ballot cast by a provisional voter does not contain the initials of the poll clerks, the ballot shall, without being unfolded to disclose how the ballot is marked, be endorsed with the word "Rejected".
(b) All rejected provisional ballots shall be enclosed and securely sealed in an envelope on which is written "Rejected provisional ballots.".
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-7. Counting Ballots by Laying on Table

Sec. 7. The provisional ballots shall be counted by laying each ballot upon a table in the order in which the ballots were opened.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-8. Reading Names of Candidates; Ballot Questions

Sec. 8. (a) During the counting of the ballots, one (1) counter shall read the name of the candidates and ballot questions voted for from the ballots.
(b) A:
(1) member of the county election board who is not a member of the same political party as the counter; or
(2) representative designated by the member;
shall view the ballots as the names and ballot questions are read.
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.178.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-9. Protest Counting of Ballots

Sec. 9. During the counting of the ballots:
(1) the counter counting the ballots;
(2) a member of the county election board; or
(3) a representative designated by the member;
may protest the counting of any ballot or any part of a ballot.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-10. Referral of Protested Ballot to County Election Board

Sec. 10. If the counters cannot agree whether to count a ballot following a protest under section 9 of this chapter, the question shall be referred to the county election board for a decision.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-11. Counters Signing Protested Ballots

Sec. 11. Following a decision by the counters or the county election board, the counters shall sign each protested ballot.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-12. Noting Whether Protested Ballot Counted

Sec. 12. If a ballot or any part of a ballot is protested and the protest is resolved, the counter immediately shall write on the back of the protested ballot the word "counted" or "not counted", as appropriate.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-13. Separate Counting of Ballots From Other Precincts

Sec. 13. A counter may not count provisional ballots for a precinct under this chapter while counting provisional ballots for any other precinct.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-14. Counting of Ballots by More Than One Set of Counters

Sec. 14. (a) This section applies if at least two (2) sets of counters in a county are counting provisional ballots under this chapter.
(b) A set of counters may count provisional ballots from a precinct while another set of counters is counting provisional ballots from another precinct in the county if each set of counters counts the ballots in compliance with section 8 of this chapter.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-15. Counting Write-in Ballots

Sec. 15. (a) This section applies to the counting of write-in provisional ballots.
(b) If a voter writes an abbreviation, a misspelling, or other minor variation instead of the correct name of a candidate or political party, that vote shall be counted if the intent of the voter can be determined.
(c) If a voter casts a ballot under this section for President or Vice President of the United States and writes in the name of a candidate or political party that has not certified a list of presidential electors and alternate presidential electors under IC 3-10-4-5, the vote for President or Vice President of the United States is void. The remaining votes on the ballot may be counted.
(d) IC 3-12-1-7 applies to write-in provisional ballots.
As added by P.L.126-2002, SEC.87. Amended by P.L.201-2017, SEC.35.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-16. Certificate of Provisional Vote Count

Sec. 16. When all the votes have been counted, the counters shall prepare a certificate stating the number of votes that each candidate received for each office and the number of votes cast on each public question.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-17. Entry and Memorandum of Vote Count

Sec. 17. The number of votes that each candidate and public question received shall be written in words and numbers. The counters shall prepare a memorandum of the total votes cast for each candidate and on each public question and ensure that each member of the county election board receives a copy of the memorandum.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-18. Delivery of Certificates and Tally Papers to County Election Board

Sec. 18. The counters shall deliver the certificates prepared under section 16 of this chapter and the tally papers to the county election board immediately upon the tabulation of the vote in each precinct.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-19. Securing Ballots, Certificates, and Tally Papers; Delivery

Sec. 19. As soon as the ballots have been counted, the counters shall do the following in the presence of the county election board:
(1) Place in a strong paper envelope or bag the following:
(A) All provisional ballots, voted and spoiled.
(B) All provisional ballots:
(i) determined invalid under section 3 of this chapter; or
(ii) rejected under section 5 of this chapter.
(C) All protested and uncounted provisional ballots.
(D) All provisional ballot envelopes.
(E) All executed affidavits relating to the provisional ballots.
(F) The tally papers.
(2) Securely seal the envelope or bag.
(3) Have both counters initial the envelope or bag.
(4) Plainly mark on the outside of the envelope or bag in ink the precinct in which the provisional ballots were cast.
(5) Deliver the envelope or bag to the circuit court clerk.
(6) Notify the circuit court clerk of the number of ballots placed in the envelope or bag.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-20. Oath of Ballot Counters

Sec. 20. Upon delivery of the envelope or bag to the circuit court clerk, each counter shall take and subscribe an oath before the clerk stating that the counter:
(1) securely kept the ballots and papers in the envelope or bag;
(2) did not permit any person to open the envelope or bag or to otherwise touch or tamper with the ballots; and
(3) has no knowledge of any other person opening the envelope or bag.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-21. Filing Ballot Counters' Oaths

Sec. 21. The circuit court clerk shall file the oath taken under section 20 of this chapter with the clerk's other election documents.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-22. Secure Storage of Ballots and Papers

Sec. 22. The circuit court clerk shall place the envelope or bag in a receptacle provided by the county executive with two (2) different locks.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-23. Locks on Stored Ballots and Papers

Sec. 23. The circuit court clerk shall do the following:
(1) Lock the receptacle provided under section 22 of this chapter.
(2) Retain one (1) key to one (1) lock of the receptacle.
(3) Give one (1) key to the other lock of the receptacle to the member of the county election board who is not a member of the same political party as the clerk.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-24. Time for Storage of Ballots and Papers

Sec. 24. The circuit court clerk shall preserve the receptacle containing the envelope or bag in the clerk's office for the period required under IC 3-10-1-31.1.
As added by P.L.126-2002, SEC.87. Amended by P.L.14-2004, SEC.154; P.L.193-2021, SEC.78.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-25. Time for Retention of Ballots and Papers When Election Contested

Sec. 25. If the election is contested, the clerk shall preserve the receptacle containing the envelope or bag as long as the contest is undetermined. During that period, the clerk shall keep the receptacle securely locked, subject only to an order of the court trying a contest.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-26. Destruction of Stored Ballots and Papers

Sec. 26. 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.126-2002, SEC.87. Amended by P.L.14-2004, SEC.155; P.L.193-2021, SEC.79.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-27. Contract With State Educational Institution for Disposal of Ballots

Sec. 27. A county election board may contract with a state educational institution to dispose of the ballots. The contract must provide that:
(1) the ballots will be used by the state educational institution to conduct election research; and
(2) the state educational institution may not receive any ballots under this section until the period for retention under IC 3-10-1-31.1 has expired.
As added by P.L.126-2002, SEC.87. Amended by P.L.14-2004, SEC.156; P.L.2-2007, SEC.14; P.L.193-2021, SEC.80.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-28. News Media Certificate of Provisional Ballot Totals

Sec. 28. Immediately upon completion of the vote count, the counters shall make and sign a certificate for the news media showing the total number of provisional ballot votes received by each candidate and on each public question in the precinct.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-29. Delivery of News Media Certificate

Sec. 29. The counters shall deliver the certificate to the circuit court clerk as soon as the certificate is completed. The circuit court clerk shall deliver the certificate made for the news media to any person designated to receive the certificate by the editors of the newspapers published in the county or by the managers of the radio and television stations operating in the county immediately upon the completion of the certificate, but not before the closing of the polls.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 5. Counting Provisional Ballots › 3-11.7-5-30. Provisional Ballot Cast by Voter Registered in County Not Where Provisional Ballot Cast; Notification of County in Which Voter Is Registered

Sec. 30. (a) This section applies to a provisional ballot that the county election board determines was cast by an individual who is registered to vote in an Indiana county other than the county in which the provisional ballot was cast.
(b) The county election board shall do both of the following:
(1) Notify the county election board of the county in which the individual is registered to vote of the determination made under subsection (a).
(2) Transmit a copy of the challenge affidavits executed under this article to the county voter registration office of the county in which the individual is registered to vote.
As added by P.L.278-2019, SEC.134.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 6. Additional Provisions Relating to Provisional Ballots › 3-11.7-6-1. Canvassing Returns

Sec. 1. (a) Provisional ballot counters shall conduct the activities conducted by precinct election officials under IC 3-12-4.
(b) The returns of provisional 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.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 6. Additional Provisions Relating to Provisional Ballots › 3-11.7-6-2. Recounts; Precinct of Voter Residence

Sec. 2. A provisional ballot is considered to be cast in the precinct in which the voter who cast the ballot resides for the purpose of the following:
(1) IC 3-12-6.
(2) IC 3-12-11.
(3) IC 3-12-12.
As added by P.L.126-2002, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 6. Additional Provisions Relating to Provisional Ballots › 3-11.7-6-3. Establishment of Free Access System for Provisional Voter to Determine Whether Vote Is Counted; Entry of Information Into Computerized List; Access of Information by Individual; Confidentiality; Written Instructions

Sec. 3. (a) As required by 52 U.S.C. 21082, a county election board shall establish a free access system such as a toll-free telephone number or an Internet web site that enables a provisional voter to determine:
(1) whether the individual's provisional ballot was counted; and
(2) if the provisional ballot was not counted, the reason the provisional ballot was not counted.
A county election board may use a module of the computerized list under IC 3-7-26.3 to comply with this subsection.
(b) The county election board shall enter the following into the computerized list:
(1) The name of the individual.
(2) The address of the individual.
(3) The day and time the county election board will meet to determine the validity of a provisional ballot under IC 3-11.7-5.
(4) Whether the individual's provisional ballot was counted.
(5) If the individual's provisional ballot was not counted, the reason the provisional ballot was not counted.
An individual who casts a provisional ballot may access the information described in this subsection pertaining to the provisional ballot of the individual through a module of the computerized list under IC 3-7-26.3.
(c) Not later than the earlier of:
(1) twenty-four (24) hours before the date the county election board meets under IC 3-11.7-5 to determine the validity of a provisional ballot cast by an individual; or
(2) three (3) days after the election;
the provisional ballot information described in subsection (b)(1) through (b)(3) must be entered to the computerized list. The provisional ballot information described in subsection (b)(4) and (b)(5) must be entered into the computerized list not later than the date the county election board certifies the election results of the county under IC 3-12-4-9.
(d) As required by 52 U.S.C. 21082, the county election board shall establish and maintain reasonable procedures to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used on the free access system established by the board under subsection (a).
(e) As required by 52 U.S.C. 21082, the county election board shall restrict access to the free access system established under subsection (a) to the individual voter who cast the provisional ballot. This subsection does not restrict access to election materials available under IC 3-10-1-31.1.
(f) The county election board shall prescribe written instructions to inform a provisional voter how the provisional voter can determine whether the provisional voter's ballot has been counted.
As added by P.L.209-2003, SEC.179. Amended by P.L.141-2011, SEC.2; P.L.64-2014, SEC.67; P.L.128-2015, SEC.206; P.L.278-2019, SEC.135; P.L.115-2022, SEC.12.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 7. Standards for Issuing an Order Extending the Hour for the Closing of the Polls › 3-11.7-7-1. Application of Chapter

Sec. 1. This chapter applies to any order described by 52 U.S.C. 21082(c) to extend the hour for the closing of the polls fixed by IC 3-11-8-8.
As added by P.L.278-2019, SEC.136.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 7. Standards for Issuing an Order Extending the Hour for the Closing of the Polls › 3-11.7-7-2. Only County Election Board Has Standing in Action for Seeking Order to Extend Closing of Polls; Unanimous Vote

Sec. 2. (a) Only a county election board has standing in an Indiana court or with any other state governmental entity to file an action or petition to request the extension of the hour for closing the polls by the court or entity.
(b) The county election board may only file an action or petition under this section upon the unanimous vote of the entire membership of the board.
As added by P.L.278-2019, SEC.136.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 7. Standards for Issuing an Order Extending the Hour for the Closing of the Polls › 3-11.7-7-3. Issuance of Order to Extend Closing of Polls; Evidence and Findings Required

Sec. 3. (a) Before issuing an order under this chapter, the court or entity must take evidence and make the following findings:
(1) The polls were substantially delayed in opening at the time fixed by IC 3-11-8-8.
(2) The specific precincts or vote centers in which substantial delays occurred.
(3) If a poll closed at any time during the hours specified by IC 3-11-8-8, how long the polls were closed and in which precincts and vote centers the closing occurred.
(4) Substantial evidence exists that voters were prevented from casting a ballot due to a delay or closure of the polls during the hours specified by IC 3-11-8-8.
(5) The actual harm determined can only be ameliorated by the extension of polling hours.
(6) The county election board filed written notice with the secretary of state and the election division indicating that the county election board:
(A) filed the action or petition with the court to extend hours; and
(B) received confirmation from the court of the receipt of the filings.
(b) If the court is unable to make the applicable findings regarding a delay in opening or a subsequent closure of the polls described in subsection (a), the court shall not issue an order extending the polling hours specified under IC 3-11-8-8.
As added by P.L.278-2019, SEC.136. Amended by P.L.141-2020, SEC.15.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 7. Standards for Issuing an Order Extending the Hour for the Closing of the Polls › 3-11.7-7-4. Order to Extend Closing of Polls; Limitations

Sec. 4. If the court or state governmental entity determines that an order extending the hour for the closing of the polls is to be issued, the court or entity must:
(1) limit the extension only to those polls whose opening was delayed or which closed during the hours set forth in IC 3-11-8-8; and
(2) extend the hours for the polls at the precinct or vote center for a period of time not more than the time that the polls were closed during the hours set forth in IC 3-11-8-8.
As added by P.L.278-2019, SEC.136.
2023 Indiana Code › Title 3. Elections › Article 11.7. Provisional Voting › Chapter 7. Standards for Issuing an Order Extending the Hour for the Closing of the Polls › 3-11.7-7-5. Appeal of Denial of Order to Indiana Supreme Court

Sec. 5. (a) The county election board may appeal any denial of an order extending the hour for closing the polls issued under this section to the Indiana supreme court under the same terms, conditions, and standards that govern appeals in ordinary civil actions affecting substantial public questions.
(b) An assignment of errors that the court or state governmental entity's final action is contrary to law is sufficient to present both:
(1) the sufficiency of the facts found to sustain the court or state governmental entity's action; and
(2) the sufficiency of the evidence to sustain the findings of fact upon which the court or state governmental entity's action was rendered.
As added by P.L.278-2019, SEC.136.