reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-1. Intent of Voter Primary Factor to Consider in Determining Voter's Choice on Ballot

Sec. 1. Subject to sections 5, 6, 7, 8, 9, 9.5, and 13 of this chapter, the primary factor to be considered in determining a voter's choice on a ballot is the intent of the voter. If the voter's intent can be determined on the ballot or on part of the ballot, the vote shall be counted for the affected candidate or candidates or on the public question. However, if it is impossible to determine a voter's choice of candidates on a part of a ballot or vote on a public question, then the voter's vote concerning those candidates or public questions may not be counted.
[Pre-1986 Recodification Citations: 3-1-25-1(a) part; 3-1-25-18(g).]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.328; P.L.64-2014, SEC.68.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-1.2. Chapter Establishes Standards to Define Vote

Sec. 1.2. (a) This chapter is enacted to comply with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory standards to define what will be counted as a vote on a paper ballot, optical scan voting system, or electronic voting system.
(b) The standards in this chapter apply to counting votes on every voting system, except where specific standards applicable only:
(1) to a type of voting system are provided under IC 3-12-2, IC 3-12-3, or IC 3-12-3.5; and
(2) in a recount or contest proceeding are provided under IC 3-12-6, IC 3-12-8, IC 3-12-11, or IC 3-12-12.
As added by P.L.209-2003, SEC.180. Amended by P.L.128-2015, SEC.207.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-1.5. "Election Officer" Defined

Sec. 1.5. As used in this chapter, "election officer" means a person employed or appointed by the state, a political subdivision, or a political party to perform a duty under this title.
As added by P.L.3-1987, SEC.329.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-1.7. Write-in Votes

Sec. 1.7. (a) The following provisions govern the counting of write-in votes:
(1) Except as provided in subsection (b), only votes cast for declared write-in candidates shall be counted and certified.
(2) The name of a candidate, written on the space reserved for write-in voting, is not considered a distinguishing mark that would invalidate a ballot under section 3 of this chapter. However, the name or office of a candidate written in a place on the ballot other than the place reserved for write-in voting may not be counted for that office.
(3) A write-in vote for an office is void if the voter attempts to cast the vote by a means other than printing the name of the candidate in ink or lead pencil. The use of stickers, labels, rubber stamps, or other similar device is not permitted.
(4) An abbreviation, a misspelling, or other minor variation in the form of the name of a candidate or an office shall be disregarded in determining the validity of the ballot if the intention of the voter can be ascertained.
(5) Write-in votes for each write-in candidate shall be counted separately using the tally sheets provided by the county election board.
(6) This subdivision applies to a voter who casts a ballot for:
(A) an individual who is a candidate for President of the United States;
(B) an individual who is a candidate for Vice President of the United States; or
(C) both individuals who are candidates for President of the United States and Vice President of the United States.
A ballot cast as described in this subdivision is considered to be cast for the presidential electors and alternate presidential electors pledged to support the ticket of candidates for President and Vice President printed on the regular official ballot.
(7) This subdivision applies to a voter who casts a ballot for:
(A) an individual who is a candidate for governor;
(B) an individual who is a candidate for lieutenant governor; or
(C) both individuals who are candidates for governor and lieutenant governor.
A ballot cast as described in this subdivision is considered to be cast for both individuals who are candidates for governor and lieutenant governor of Indiana who are printed on the regular official ballot.
(b) This subsection does not apply to an office for which more than one (1) individual may be nominated or elected within the same election district. A write-in vote cast for an individual whose name appears on the ballot as a candidate for that office shall be counted as a vote for the candidate.
As added by P.L.4-1991, SEC.110. Amended by P.L.3-1993, SEC.177; P.L.3-1997, SEC.338; P.L.193-2021, SEC.82.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-2. Ballot Void if Not Properly Endorsed; Not Applicable to Absentee Ballots

Sec. 2. (a) This section does not apply to absentee ballots.
(b) The whole ballot may not be counted, subject to section 12 of this chapter, if the ballot is not endorsed or printed with the initials of the poll clerks in accordance with state law.
[Pre-1986 Recodification Citation: 3-1-25-1(a) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.330; P.L.55-2014, SEC.10.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-4. Ballot Void for Extrinsic Act; Erasures

Sec. 4. (a) The whole ballot is void if a voter does any act extrinsic to the ballot, such as enclosing any paper or other article in the folded ballot, with the intent to enable a person to determine that the voter cast the ballot.
(b) An erasure by a voter does not make the whole ballot void unless made with the intent to enable a person to determine who cast the ballot, but it does not register a vote for the elected office, political party office, or public question for which it is made.
[Pre-1986 Recodification Citations: 3-1-25-1(a) part; 3-1-25-18(a) part; 3-1-28-8 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.34; P.L.3-1987, SEC.332.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-5. Counting Voting Marks

Sec. 5. (a) This subsection does not apply to a ballot card voting system or an electronic voting system. Except as provided in subsection (d), a voting mark made by a voter on or in a voting square at the left of a candidate's name or political party's name shall be counted as a vote for the candidate or candidates of the political party.
(b) This subsection applies to a ballot card voting system. A voting mark made by a voter:
(1) on or in a circle, oval, or square; or
(2) to connect a connectable arrow;
immediately below or beside a candidate's name or political party's name shall be counted as a vote for the candidate or candidates of the political party, except as provided in subsection (d).
(c) This subsection applies to a direct record electronic voting system. A voting mark made by a voter touching a touch sensitive point or button below or beside a candidate's name or political party's name shall be counted as a vote for the candidate or candidates of the political party, except as provided in subsection (d).
(d) A voter who wishes to cast a ballot for a candidate for election to an at-large district to which more than one (1) person may be elected on a:
(1) county council;
(2) city common council;
(3) town council; or
(4) township board;
must make a voting mark for each individual candidate for whom the voter wishes to cast a vote. A straight ticket voting mark on a paper ballot, ballot card voting system, or electronic voting system shall not be counted as a straight party ticket voting mark as a vote for any candidate for an office described by this subsection.
[Pre-1986 Recodification Citation: 3-1-25-18(b).]
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.35; P.L.219-2013, SEC.62; P.L.21-2016, SEC.22; P.L.278-2019, SEC.137.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-6. Voting Mark on or in Voting Square; Public Questions

Sec. 6. A voting mark made by a voter on or in a voting square following the word "Yes" or the word "No" before a public question shall be counted as indicated.
[Pre-1986 Recodification Citation: 3-1-25-18(c).]
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.36.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-8. Voting Mark on Political Party Device Circle; Individual Votes Required for Candidates for At-Large Districts

Sec. 8. (a) Except as provided in subsection (b), a voting mark made by a voter on or in a circle containing a political party device shall be counted as a vote for each candidate of that political party on that ballot.
(b) A voter who wishes to cast a ballot for a candidate for election to an at-large district to which more than one (1) person may be elected on a:
(1) county council;
(2) city common council;
(3) town council; or
(4) township board;
must make a voting mark for each individual candidate for whom the voter wishes to cast a vote. A voting mark on or in a circle containing a political party device shall not be counted as a straight party ticket voting mark as a vote for any candidate for an office described by this subsection.
[Pre-1986 Recodification Citation: 3-1-25-18(e).]
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.38; P.L.3-1987, SEC.333; P.L.21-2016, SEC.25; P.L.278-2019, SEC.138.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-9. Counting Voting Marks; Voting Marks Not Counted; Certification of Voting Systems That Can Detect Voting Marks

Sec. 9. (a) A voting mark that touches a circle, an oval, or a square shall be counted as if it were on or in the circle, oval, or square. A voting mark that partially connects a connectable arrow shall be counted as if the voting mark completed the connection of the arrow.
(b) A voting mark that:
(1) does not touch a circle, oval, or square; and
(2) is not on or in the circle, oval, or square;
may not be counted.
(c) For purposes of the certification of voting systems under IC 3-11, a ballot card voting system complies with this section if the system can detect a voting mark within the circle, oval, or square, even if manual inspection of the ballot is required to detect a voting mark that touches only the outside edge of the circle, oval, or square.
[Pre-1986 Recodification Citation: 3-1-25-18(f).]
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.39; P.L.3-1987, SEC.334; P.L.219-2013, SEC.63.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-9.5. Remake of Damaged or Defective Ballot Card; Conditions

Sec. 9.5. (a) This section applies to counting votes cast on ballot cards.
(b) This subsection applies to a ballot card that:
(1) has been cast in a precinct whose votes are being recounted by a local recount commission or the state recount commission;
(2) is damaged or defective so that it cannot properly be counted by automated tabulating machines; and
(3) cannot be counted for the office subject to the recount due to the damage or defect.
The ballot card shall be remade only if the conditions in subdivisions (1) through (3) exist.
As added by P.L.3-1987, SEC.335. Amended by P.L.58-2005, SEC.26; P.L.221-2005, SEC.100.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-10. Void Ballot

Sec. 10. A ballot on which a voter writes:
(1) the voter's name;
(2) the voter's initials;
(3) a number; or
(4) a symbol (such as a star, circle, parallel lines, dots, or any combination of such symbols), if written with the intent to enable a person to determine who cast the ballot;
is void.
[Pre-1986 Recodification Citations: 3-1-25-18(h); 3-1-28-8 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.336.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-11. Primary Election; Application of Chapter

Sec. 11. In applying this chapter to a primary election, the voting square includes the voting space at the left of the name of a candidate on the primary ballot.
[Pre-1986 Recodification Citation: 3-1-25-18(a) part.]
As added by P.L.5-1986, SEC.8.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-12. Application to Votes Cast by Any Method; Counting Vote Made Invalid by Mistake or Inadvertence of Election Officer

Sec. 12. (a) This section applies to votes cast by any method.
(b) Except as provided in section 13 of this chapter, a ballot that has been marked and cast by a voter in compliance with this title but may otherwise not be counted solely as the result of the act or failure to act of an election officer may nevertheless be counted in a proceeding under IC 3-12-6, IC 3-12-8, or IC 3-12-11 unless evidence of fraud, tampering, or misconduct affecting the integrity of the ballot is presented by a party to the proceeding.
(c) The act or failure to act by an election officer is not by itself evidence of fraud, tampering, or misconduct affecting the integrity of the ballot.
As added by P.L.7-1986, SEC.3. Amended by P.L.3-1987, SEC.337; P.L.8-1992, SEC.29.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-13. Absentee Ballots; Necessary Endorsements

Sec. 13. (a) This section applies only to absentee ballots.
(b) The whole ballot may not be counted unless the ballot is endorsed with the initials of:
(1) the two (2) members of the absentee voter board under IC 3-11-4-19, IC 3-11-10-25, IC 3-11-10-26, IC 3-11-10-26.3, or IC 3-11-18.1-11; or
(2) the two (2) appointed members of the county election board (or their designated representatives) under IC 3-11-4-19.
As added by P.L.3-1987, SEC.338. Amended by P.L.64-2014, SEC.69.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-14. Counting of Vote Cast for Candidate Who Ceases to Be Candidate

Sec. 14. (a) This section does not apply to a vote:
(1) cast for president or vice president of the United States under IC 3-10-4-6; or
(2) described by section 15 of this chapter.
(b) A vote cast for a candidate who ceases to be a candidate may not be counted as a vote for a successor candidate selected under IC 3-13-1 or IC 3-13-2.
As added by P.L.5-1989, SEC.63.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-15. Counting Straight Party Vote for Successor Candidate; Exceptions

Sec. 15. (a) This section does not apply to a candidate for an at-large office of a county council, city common council, town council, or township board, if those offices appear on a ballot.
(b) This section applies to a vote cast for one (1) straight party ticket that includes a candidate for election to office who:
(1) ceases to be a candidate; and
(2) is succeeded by a candidate selected under IC 3-13-1 or IC 3-13-2.
(c) A vote cast in the election for the original nominee is considered a vote cast for the successor.
As added by P.L.5-1989, SEC.64. Amended by P.L.74-2017, SEC.57.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-16. Vote Cast for Former Candidate

Sec. 16. (a) This section applies when:
(1) a ballot is reprinted under IC 3-11-3-29.5(d) to omit the name of a former candidate; and
(2) the candidate vacancy is filled following the reprinting of the ballots.
(b) A vote cast on the ballot where the statement "NO CANDIDATE" or words indicating that there was a former candidate appears is considered a vote cast for the successor candidate.
As added by P.L.38-1999, SEC.57. Amended by P.L.219-2013, SEC.64; P.L.227-2023, SEC.118.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-17. Absentee Ballot Received From Overseas Voter by Mail; Arrival Time; When to Count

Sec. 17. (a) This section applies only to an absentee ballot sent by mail.
(b) Notwithstanding IC 3-11.5-4-7, an absentee ballot received from an overseas voter is not considered as arriving too late if both of the following apply:
(1) The absentee ballot envelope is postmarked not later than the date of the election.
(2) The absentee ballot is received not later than noon ten (10) days following the election.
(c) If the postmark on the absentee ballot envelope is unclear, the county election board, by unanimous vote of the entire membership of the board, determines the postmark date. If the board is unable to determine the postmark date, the absentee ballot may not be counted.
As added by P.L.164-2006, SEC.125. Amended by P.L.64-2014, SEC.70; P.L.76-2014, SEC.54; P.L.278-2019, SEC.139.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-18. Federal Write-in Absentee Ballot Cast in Primary Election by Absent Uniformed Services Voter or Overseas Voter; Voter Actions That Void Ballot

Sec. 18. (a) This section applies to a federal write-in absentee ballot cast in a primary election as provided in IC 3-11-4-12.5(b)(1) by an absent uniformed services voter or overseas voter.
(b) If a voter does any of the following, the voter's vote is void:
(1) The voter votes for more than one (1) candidate, and the candidates are not on the official primary ballot of the same political party.
(2) The voter votes for a candidate who is not on the official primary ballot of any political party.
(3) The voter votes for a candidate who is on the official primary ballot of a political party, but the voter does not indicate the office for which the candidate seeks to be nominated.
(c) If the voter votes for a political party, but the voter does not vote for any individual candidates who are on that political party's official primary ballot, the voter's vote is void.
(d) If there is a discrepancy between political party primary ballot choice between the federal write-in absentee ballot described in subsection (a) and the federal post card application, the federal post card application supersedes the federal write-in absentee ballot.
As added by P.L.66-2010, SEC.28. Amended by P.L.227-2023, SEC.119.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 1. Rules for Counting Ballots › 3-12-1-19. Federal Write-in Absentee Ballot Cast in General, Municipal, or Special Election by Absent Uniformed Services Voter or Overseas Voter; Counting Votes

Sec. 19. (a) The provisions of section 1.7 of this chapter concerning write-in votes apply to this section. This section applies to a federal write-in absentee ballot cast in a general election, municipal election, or special election as provided in IC 3-11-4-12.5(b)(2) by an absent uniformed services voter or overseas voter.
(b) If a voter designates a candidate by writing in the name of a political party on the ballot, the voter's vote shall be counted for all candidates of that political party on the ballot.
(c) If a voter writes an abbreviation, misspelling, or other minor variation instead of the correct name of a candidate or a political party, the voter's vote shall be counted if the intent of the voter can be determined.
(d) If a voter votes for a candidate on a ballot described by this section, but does not indicate the office for which the candidate has been nominated, the voter's vote for that candidate is void.
As added by P.L.66-2010, SEC.29. Amended by P.L.278-2019, SEC.140; P.L.193-2021, SEC.83.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 2. Counting of Paper Ballot Votes › 3-12-2-1. Chapter Establishes Standards to Define Vote; Ballot Counting Procedures

Sec. 1. (a) This chapter:
(1) is enacted to comply with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory standards to define what will be counted as a vote on a paper ballot; and
(2) applies to each precinct where voting is by paper ballot.
(b) After the polls have closed, each precinct election board shall count the paper ballot votes for each candidate for each office and on each public question. The ballots shall be counted by laying each ballot upon a table in the order in which it is taken from the ballot box.
(c) 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 Citations: 3-1-18-3 part; 3-1-25-1(a) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.339; P.L.10-1988, SEC.123; P.L.3-1995, SEC.119; P.L.209-2003, SEC.181; P.L.230-2005, SEC.56; P.L.128-2015, SEC.208; P.L.278-2019, SEC.141.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 2. Counting of Paper Ballot Votes › 3-12-2-2. Viewing of Counting of Votes by Inspector and Judge of Opposite Political Party

Sec. 2. During the counting of the votes, the inspector and the judge of the opposite political party from the inspector shall view the ballots as the names of the candidates voted for are read from the ballots.
[Pre-1986 Recodification Citation: 3-1-25-1(a) part.]
As added by P.L.5-1986, SEC.8.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 2. Counting of Paper Ballot Votes › 3-12-2-3. Protest of Ballot by Member of Precinct Election Board

Sec. 3. During the counting of the votes, any member of the precinct election board may protest the counting of any ballot or any part of a ballot.
[Pre-1986 Recodification Citation: 3-1-25-1(a) part.]
As added by P.L.5-1986, SEC.8.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 2. Counting of Paper Ballot Votes › 3-12-2-4. Protest of Ballot; Duties of Poll Clerks

Sec. 4. If a ballot or any part of a ballot is protested, the poll clerks immediately shall write on the back of each protested ballot the word "counted" or the words "not counted", as appropriate. The clerks then shall officially sign each protested ballot.
[Pre-1986 Recodification Citation: 3-1-25-1(a) part.]
As added by P.L.5-1986, SEC.8.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 2. Counting of Paper Ballot Votes › 3-12-2-5. Vote Count Procedure Where More Than One Precinct Located in Same Room

Sec. 5. Except as provided in section 1(c) of this chapter, if the polls for more than one (1) precinct are located in the same room, the inspector of a precinct using the room may not begin the vote count procedure until all the polls in the room are officially closed and no more persons are waiting in line to vote.
[Pre-1986 Recodification Citations: 3-1-24-9(b); 3-1-25-1(b); 3-2-4-5(e).]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.340; P.L.3-1995, SEC.120.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 2. Counting of Paper Ballot Votes › 3-12-2-6. Certificate and Memorandum of Votes Cast

Sec. 6. When all votes have been counted, the precinct election board shall prepare a certificate stating the number of votes that each candidate received for each office and the number of votes cast on each public question. The number of votes that each candidate and public question received shall be written in words and numbers. The board shall also prepare a memorandum of the total vote cast for each candidate and ensure that each member of the board receives a copy of the memorandum.
[Pre-1986 Recodification Citations: 3-1-25-1(a) part; 3-1-25-2(a), (f) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.341; P.L.221-2005, SEC.101.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 2. Counting of Paper Ballot Votes › 3-12-2-7. Delivery of Certificates, List of Voters, and Tally Papers Upon Vote Tabulation

Sec. 7. The inspector and the judge of the opposite political party shall deliver the certificates prepared under section 6 of this chapter, the list of voters, and the tally papers to the county election board immediately upon the tabulation of the vote.
[Pre-1986 Recodification Citations: 3-1-5-12 part; 3-1-18-3 part; 3-1-25-2(b), (f) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.342; P.L.3-1993, SEC.179.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 2. Counting of Paper Ballot Votes › 3-12-2-7.5. Counting Certain Federal Write-in Absentee Ballots

Sec. 7.5. (a) This section applies to the counting of federal write-in absentee ballots described in IC 3-11-4-12.5.
(b) If a voter writes an abbreviation, 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:
(1) certified a list of presidential electors and alternate presidential electors under IC 3-10-4-5; or
(2) included a list of presidential electors and alternate presidential electors on the declaration for candidacy filed by a write-in candidate under IC 3-8-2-2.5;
the vote for President or Vice President is void. The remaining votes on the ballot may be counted.
(d) As required by 52 U.S.C. 20303(b), and except as provided in this section, an absentee ballot subject to this section shall be submitted and processed in the same manner provided by this title for a regular absentee ballot.
(e) IC 3-12-1-7 applies to a ballot subject to this section.
(f) As required by 52 U.S.C. 20303(b), a ballot subject to this section may not be counted if:
(1) the ballot was submitted:
(A) by an overseas voter who is not an absent uniformed services voter; and
(B) from within the United States;
(2) the overseas voter's application for a regular absentee ballot was received by the county election board after the applicable absentee ballot application deadline set forth in IC 3-11-4-3;
(3) the voter's completed regular state absentee ballot was received by the county election board by the deadline for receiving absentee ballots under IC 3-11.5-4-10 or IC 3-12-1-17; or
(4) the ballot subject to this section was not received by the county election board by the deadline for receiving absentee ballots under IC 3-11.5-4-10 or IC 3-12-1-17.
(g) If a federal write-in absentee ballot is received by the county election board in an envelope that does not indicate that the envelope contains the ballot, and the envelope is opened by the county election board, the absentee ballot shall nevertheless be counted if otherwise valid. The county election board shall:
(1) immediately seal the absentee ballot and the envelope in which the ballot was received in a carrier envelope indicating that a voted absentee ballot is enclosed; and
(2) document the date the absentee ballot was sealed within the carrier envelope, attested to by the signature of each member of the county election board.
As added by P.L.3-1987, SEC.343. Amended by P.L.10-1992, SEC.23; P.L.3-1993, SEC.180; P.L.198-2005, SEC.15; P.L.66-2010, SEC.30; P.L.219-2013, SEC.65; P.L.128-2015, SEC.209; P.L.201-2017, SEC.36; P.L.278-2019, SEC.142.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 2. Counting of Paper Ballot Votes › 3-12-2-8. Inspector's Duty After Ballots Have Been Counted

Sec. 8. As soon as the ballots have been counted, the inspector shall, in the presence of the judges and poll clerks:
(1) place in a strong and stout paper envelope or bag:
(A) all ballots, voted and not voted, together with all protested, disputed, and uncounted ballots;
(B) the seals of the ballot packages; and
(C) one (1) copy of each of the certificates, list of voters, and tally papers;
(2) securely seal the envelope or bag;
(3) have both clerks initial the envelope or bag; and
(4) plainly mark on the outside of the envelope or bag, in ink, the precinct where the ballots were cast.
[Pre-1986 Recodification Citations: 3-1-5-12 part; 3-1-25-1(a) part; 3-1-25-3 part; 3-1-25-4 part.]
As added by P.L.5-1986, SEC.8.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 2. Counting of Paper Ballot Votes › 3-12-2-9. Delivery of Envelope or Bag Containing Ballots to Circuit Court Clerk; Notification of Number of Ballots in Bag and Condition of Seals of Ballot Packages

Sec. 9. The inspector and the judge of the opposite political party shall deliver the envelope or bag prepared under section 8 of this chapter to the circuit court clerk immediately upon tabulation of the votes. The inspector shall notify the clerk of the number of ballots placed in the envelope or bag and the condition of the seals of the ballot packages.
[Pre-1986 Recodification Citations: 3-1-5-12 part; 3-1-25-4 part; 3-1-25-16 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.344.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 2. Counting of Paper Ballot Votes › 3-12-2-10. Oath of Inspector Upon Delivery of Envelope or Bag; Contents

Sec. 10. Upon delivery of the envelope or bag to the circuit court clerk under section 9 of this chapter, the inspector shall take and subscribe an oath before the clerk stating that the inspector:
(1) closed and sealed the envelope or bag in the presence of the judges and poll clerks;
(2) securely kept the ballots and papers in the envelope or bag;
(3) did not permit any person to open the envelope or bag or to otherwise touch or tamper with the ballots; and
(4) has no knowledge of any other person opening the envelope or bag.
The oath shall be filed in the circuit court clerk's office with other election papers.
[Pre-1986 Recodification Citation: 3-1-25-4 part.]
As added by P.L.5-1986, SEC.8.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 2. Counting of Paper Ballot Votes › 3-12-2-11. Envelope or Bag to Be Placed in Receptacle Having Two Locks; Disposition of Keys

Sec. 11. Upon receipt of the envelope or bag under section 9 of this chapter, the envelope or bag shall be placed in a receptacle having two (2) different locks provided by the county executive. The receptacle shall be locked, and one (1) key shall be given to the circuit court clerk and the other key shall be given to the county election board member of the other political party.
[Pre-1986 Recodification Citation: 3-1-5-12 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.181.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 2. Counting of Paper Ballot Votes › 3-12-2-12. Preservation of Receptacle Containing Envelope or Bag; Contest of Election; Disposition of Envelope or Bag; Use of Ballots for Election Research

Sec. 12. (a) 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. However, if the election is contested, then the clerk shall preserve the receptacle containing the envelope or bag as long as the contest is undetermined. During those periods the clerk shall keep the receptacle securely locked, subject only to an order of the court trying a contest.
(b) When permitted under IC 3-10-1-31.1, the clerk and county election board member of the opposite political party shall remove the envelope or bag from the receptacle and destroy the envelope or bag.
(c) A county election board may contract with a state educational institution to dispose of ballots. The contract must provide that:
(1) the ballots will be used by the state educational institution to conduct election research; and
(2) the state educational institution may not receive any ballots under this subsection until the period for retention under IC 3-10-1-31.1 has expired.
[Pre-1986 Recodification Citations: 3-1-5-12 part; 3-1-25-3 part; 3-1-25-4 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.7-1986, SEC.4; P.L.3-1987, SEC.345; P.L.3-1993, SEC.182; P.L.14-2004, SEC.157; P.L.2-2007, SEC.15; P.L.193-2021, SEC.84.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 2. Counting of Paper Ballot Votes › 3-12-2-13. Repealed

[Pre-1986 Recodification Citation: 3-1-25-6 part.]
As added by P.L.5-1986, SEC.8. Repealed by P.L.3-1987, SEC.570.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 2. Counting of Paper Ballot Votes › 3-12-2-14. Repealed

[Pre-1986 Recodification Citation: 3-1-25-6 part.]
As added by P.L.5-1986, SEC.8. Repealed by P.L.3-1987, SEC.570.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 2. Counting of Paper Ballot Votes › 3-12-2-15. Certificate for News Media of Results; Delivery to Circuit Court Clerk and News Media

Sec. 15. Immediately upon completion of the vote count, each precinct election board shall make and sign a certificate for the news media showing the total number of votes received by each candidate and on each public question in the precinct. The inspector and judge of the opposite political party shall deliver the certificate to the circuit court clerk at the same time that the certificates, lists of voters, and tally papers are delivered under section 7 of this chapter. The circuit court clerk immediately 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. The county election board shall furnish each precinct election board with the forms on which the certificates are to be prepared.
[Pre-1986 Recodification Citation: 3-1-25-7.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.346.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 2. Counting of Paper Ballot Votes › 3-12-2-16. Canvass to Continue to Completion

Sec. 16. To minimize the delay in the counting of the vote, canvassing must begin immediately upon the closing of the polls and continue without interruption until all votes are canvassed and all certificates of the vote required by section 6 of this chapter are completed and delivered to the persons entitled to receive the certificates.
[Pre-1986 Recodification Citation: 3-1-25-16 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.347; P.L.3-1989, SEC.11.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 3. Counting Ballot Card Votes › 3-12-3-1. Counting of Ballot Cards

Sec. 1. (a) Subject to IC 3-12-2-5, after the marking devices have been secured against further voting under IC 3-11-13-36, the inspector shall open the ballot box and count the number of ballot cards or envelopes containing ballot cards that have been cast to determine whether the number of cards cast exceeds the number of voters shown on the poll lists. If the number of ballot cards cast exceeds the total number of voters, this fact shall be reported in writing to the appropriate election officer together with the reasons for the discrepancy, if known. The total number of voters shall be entered on the tally sheets.
(b) A ballot card may not be removed from a secrecy envelope containing a write-in vote under this section.
[Pre-1986 Recodification Citation: 3-2-4-5(a) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.4-1991, SEC.112.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 3. Counting Ballot Card Votes › 3-12-3-1.1. Chapter Establishes Standards to Define Vote

Sec. 1.1. This chapter is enacted to comply with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory standards to define what will be counted as a vote on an optical scan voting system.
As added by P.L.209-2003, SEC.183. Amended by P.L.128-2015, SEC.210.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 3. Counting Ballot Card Votes › 3-12-3-1.2. Closing of All Polls Located in One Room Before Vote Count

Sec. 1.2. This section applies to a precinct where votes have been cast on a ballot card system that is designed to allow the counting and tabulation of votes by the precinct election board. If the polls for more than one (1) precinct are located in the same room, the inspector of a precinct using the room may not begin the vote counting procedure until all the polls in the room are officially closed and no more persons are waiting in line to vote.
As added by P.L.10-1988, SEC.125. Amended by P.L.1-1993, SEC.8; P.L.3-1995, SEC.123; P.L.193-2021, SEC.85.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 3. Counting Ballot Card Votes › 3-12-3-1.5. Protest; Marking and Signing of Protested Ballots

Sec. 1.5. (a) During the tabulation of the votes, any member of the precinct election board in a precinct where votes have been cast on a ballot card system that is designed to allow the counting and tabulation of votes by the precinct election board may protest the counting of any ballot or any part of a ballot cast in that precinct.
(b) During the tabulation of votes at a central counting location under section 3 of this chapter:
(1) a member of the precinct election board in a precinct where votes were cast on a ballot card system; or
(2) a member of the county election board, if a member of the precinct election board is not present during the tabulation of the votes of the precinct;
may protest the counting of any ballot or part of a ballot cast in that precinct.
(c) If a ballot or any part of a ballot is protested, the poll clerks in the precinct where votes have been cast or the member of the county election board, if the poll clerks are not present during the tabulation of votes at a central counting location, immediately shall write on the back of the protested ballot card the word "counted" or "not counted" as appropriate. The clerks or county election board member then shall officially sign each protested ballot card.
As added by P.L.10-1988, SEC.126. Amended by P.L.5-1989, SEC.65; P.L.1-1993, SEC.9; P.L.3-1993, SEC.184.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 3. Counting Ballot Card Votes › 3-12-3-2. Counted Ballot Cards; Processing

Sec. 2. (a) After the ballot cards have been counted under section 1 of this chapter, the precinct election board shall comply with this section.
(b) This subsection applies if the votes have been cast on a ballot card voting system that is not designed to allow the counting and tabulation of votes by the precinct election board. The inspector shall place all cards that have been cast in the container provided for that purpose and the container shall be sealed by the inspector in the presence of the precinct election board. The inspector and the judge of the opposite political party shall immediately deliver the container, together with the unused, uncounted, and defective cards and returns, to the central counting location or other designated place.
(c) This subsection applies if the votes have been cast on a ballot card voting system that is designed to allow the counting and tabulation of votes by the precinct election board. The precinct election board shall:
(1) process the ballot cards with the automatic tabulating machine provided to the precinct, if the vote is not automatically registered by the ballot card voting system;
(2) take the vote as tabulated under subdivision (1) or as automatically registered by the ballot card voting system; and
(3) certify the totals and the ballot count as required under section 1 of this chapter on forms supplied to the precinct for that purpose.
Copies of the totals shall be delivered to each member of the precinct election board. One (1) copy of the vote totals shall be prepared and signed for the news media on the form furnished by the county election board.
[Pre-1986 Recodification Citation: 3-2-4-5(b).]
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.40; P.L.3-1987, SEC.349; P.L.1-1993, SEC.10.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 3. Counting Ballot Card Votes › 3-12-3-2.5. Central Counting Location

Sec. 2.5. (a) Not later than ten (10) days before any election at which ballot cards will be tabulated at a central counting location, the county election board shall designate the counting location to be used for the processing or counting of ballots.
(b) This counting location must be located within the county or within an adjoining county in Indiana. If the counting location is within the county, the board shall also determine whether the precinct officials are to make their returns directly to the counting location or to the office of the clerk of the circuit court. If the counting location is outside the county, all precinct returns shall be made directly to:
(1) the office of the clerk of the circuit court or to the chief deputy of a combined election board established under IC 3-6-5.2; or
(2) the director of the board of elections and registration under IC 3-6-5.6.
(c) No counting location shall be used by more than one (1) county at an election without the approval of the commission.
(d) Whenever the precinct returns are made directly to the office of the clerk of the circuit court and the counting location is not performed in that office, the county election board is responsible for arranging adequate security during the transfer of all ballot cards to the counting location. This security shall include the following:
(1) All ballot cards must at all times be under the supervision of at least two (2) persons, one (1) from each of two (2) political parties entitled to have a member on the county election board.
(2) At least one (1) member of the county sheriff's department shall accompany the ballot cards from the clerk's office to the counting location. This assistance shall be rendered under IC 3-6-5-33.
As added by P.L.3-1997, SEC.340. Amended by P.L.109-2021, SEC.69.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 3. Counting Ballot Card Votes › 3-12-3-3. Proceedings at Central Counting Location; Direction and Observation; Open to Public

Sec. 3. All proceedings at a central counting location shall be directed by the appropriate election officers under the observation of at least two (2) precinct judges or other appropriate election officers who are not of the same political party. The proceedings must be open to the public, but no persons except those employed and authorized for that purpose may touch a ballot card, ballot container, or return.
[Pre-1986 Recodification Citation: 3-2-4-5(c) part.]
As added by P.L.5-1986, SEC.8.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 3. Counting Ballot Card Votes › 3-12-3-4. Opening of Ballot Cards Container and Removal of Contents

Sec. 4. At a central counting location each container of ballot cards shall be opened and its contents removed. The ballot cards shall be:
(1) checked to determine if the cards are properly grouped; and
(2) arranged so that all similar cards from a precinct are together.
[Pre-1986 Recodification Citation: 3-2-4-5(c) part.]
As added by P.L.5-1986, SEC.8.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 3. Counting Ballot Card Votes › 3-12-3-5. Damaged or Defective Ballot Card; Absentee Ballot of Absent Uniformed Services Voter or Overseas Voter; Failure of Tabulating Machine

Sec. 5. (a) If a ballot card is damaged or defective so that it cannot properly be counted by the automatic tabulating machines, then a remake team composed of one (1) person from each of the major political parties of the county shall have the card prepared for processing so as to record accurately the intention of the voter insofar as it can be ascertained.
(b) If the ballot card voting system is designed to allow the counting and tabulation of votes by the precinct election board, the members of the remake team must be members of the precinct election board in which the ballot was cast. If a county provides for the counting and tabulation of ballot card voting systems in a central location, the members of the remake team shall be appointed by the county election board.
(c) If necessary, a true, duplicate copy shall be made of the damaged ballot card in the presence of witnesses and substituted for the damaged card. Similarly, a duplicate ballot card shall be made of a defective card, not including the uncounted votes.
(d) This subsection applies to an absent uniformed services voter or overseas voter permitted to transmit an absentee ballot by fax or electronic mail under IC 3-11-4-6. To facilitate the transmittal and return of the voter's absentee ballot by fax or electronic mail, the county election board may provide the voter with a paper ballot rather than a ballot card. The paper ballot must conform with the requirements for paper ballots set forth in IC 3-10 and IC 3-11. After the voter returns the ballot by fax or electronic mail, a remake team appointed by the county election board under this section shall prepare a ballot card for processing that accurately records the intention of the voter as indicated on the paper ballot. The ballot card created under this subsection must include the initials of each member of the remake team and be marked and counted as a duplicate ballot under sections 6 through 7 of this chapter.
(e) If an automatic tabulating machine fails during the counting and tabulation of votes following the close of the polls, the county election board shall immediately arrange for the repair and proper functioning of the system. The county election board may, by unanimous vote of its entire membership, authorize the counting and tabulation of votes for this election on an automatic tabulating machine approved for use in Indiana by the commission:
(1) until the repair and retesting of the malfunctioning machine; and
(2) whether or not the machine was tested under IC 3-11-13-22.
[Pre-1986 Recodification Citation: 3-2-4-5(c) part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.41; P.L.3-1987, SEC.350; P.L.1-1993, SEC.11; P.L.3-1997, SEC.341; P.L.263-2003, SEC.4; P.L.97-2004, SEC.12; P.L.198-2005, SEC.16; P.L.194-2013, SEC.75; P.L.193-2021, SEC.87.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 3. Counting Ballot Card Votes › 3-12-3-6. Duplicate Ballot Card to Be Clearly Labeled and Bear Serial Number

Sec. 6. All duplicate ballot cards must:
(1) be clearly labeled "duplicate"; and
(2) bear a serial number, which shall be recorded on the damaged or defective card.
[Pre-1986 Recodification Citation: 3-2-4-5(c) part.]
As added by P.L.5-1986, SEC.8.
2023 Indiana Code › Title 3. Elections › Article 12. Ascertaining Results of Elections › Chapter 3. Counting Ballot Card Votes › 3-12-3-7. Duplicate Ballot Card to Be Counted

Sec. 7. Each duplicate ballot card shall be counted instead of the damaged or defective card.
[Pre-1986 Recodification Citation: 3-2-4-5(c) part.]
As added by P.L.5-1986, SEC.8.