reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 16. Voting System Technical Oversight Program › 3-11-16-5. Update of Voting System Inventory; Certification

Sec. 5. Each county election board shall regularly provide information to the program to update the inventory of voting systems and electronic poll books maintained under section 4 of this chapter. Not later than January 31 of each year, the county election board shall certify to the secretary of state that the information set forth in the inventory regarding the voting systems and electronic poll books of the county is accurate, to the best of the knowledge and belief of the county election board.
As added by P.L.100-2018, SEC.13.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 16. Voting System Technical Oversight Program › 3-11-16-6. Inventory of Voting Systems and Electronic Poll Books Confidential

Sec. 6. The inventory of voting systems and electronic poll books maintained by VSTOP under section 4 of this chapter is confidential.
As added by P.L.71-2019, SEC.27 and P.L.278-2019, SEC.114.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 17. Voting System Violations › 3-11-17-1. Application

Sec. 1. This chapter applies to a voting system or an electronic poll book vendor who markets, sells, leases, installs, implements, or permits the use of a voting system or an electronic poll book in an election conducted in Indiana.
As added by P.L.221-2005, SEC.96. Amended by P.L.271-2013, SEC.23; P.L.258-2013, SEC.79.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 17. Voting System Violations › 3-11-17-2. Marketing, Sale, Lease, Installation, Implementation, or Permission for Use of Voting System in Violation of Election Law; Civil Penalty

Sec. 2. In addition to any other penalty imposed, a vendor who knowingly, recklessly, or negligently:
(1) markets, sells, leases, installs, implements, or permits the use of a voting system or an electronic poll book in an election conducted in Indiana in violation of this title; or
(2) violates section 7(b) or 8 of this chapter;
is subject to a civil penalty under this chapter.
As added by P.L.221-2005, SEC.96. Amended by P.L.219-2013, SEC.57; P.L.157-2019, SEC.25; P.L.193-2021, SEC.65.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 17. Voting System Violations › 3-11-17-3. Civil Penalty Assessed by Secretary of State; Maximum Penalty

Sec. 3. If the secretary of state determines that a vendor is subject to a civil penalty under section 2 of this chapter, the secretary of state may assess a civil penalty. The civil penalty assessed under this section may not exceed three hundred thousand dollars ($300,000), plus any investigative costs incurred and documented by the secretary of state.
As added by P.L.221-2005, SEC.96.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 17. Voting System Violations › 3-11-17-4. Imposition of Civil Penalty Requires Administrative Adjudication

Sec. 4. The secretary of state is subject to IC 4-21.5 in imposing a civil penalty under this chapter.
As added by P.L.221-2005, SEC.96.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 17. Voting System Violations › 3-11-17-5. Deposit of Civil Penalties

Sec. 5. All civil penalties collected under this chapter shall be deposited with the treasurer of state in the voting system technical oversight program account established by section 6 of this chapter.
As added by P.L.221-2005, SEC.96.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 17. Voting System Violations › 3-11-17-6. Voting System Technical Oversight Program Account; Source and Use of Money; Expenses

Sec. 6. (a) The voting system technical oversight program account is established within the state general fund to provide money for administering and enforcing IC 3-11-7, IC 3-11-7.5, IC 3-11-15, IC 3-11-16, and this chapter.
(b) The secretary of state shall administer the account. With the approval of the budget agency, funds in the account are available to augment and supplement the funds appropriated to the secretary of state for the purposes described in this section.
(c) The expenses of administering the account shall be paid from the money in the account.
(d) The account consists of the following:
(1) All civil penalties collected under this chapter.
(2) Fees collected under IC 3-11-15-4.
(3) Contributions to the account made in accordance with a settlement agreement executed with a voting system vendor.
(4) Money appropriated by the general assembly for the voting system technical oversight program.
(e) Money in the account at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.221-2005, SEC.96. Amended by P.L.3-2008, SEC.3; P.L.120-2009, SEC.11; P.L.74-2017, SEC.55; P.L.201-2023, SEC.50.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 17. Voting System Violations › 3-11-17-8. Statement of Vendor; Foreign National Who Directly or Indirectly Owns or Controls Vendor; Amendments to Reflect Changes in Information

Sec. 8. (a) A vendor described in section 1 of this chapter shall file a statement with the election division that:
(1) states the name of any person who:
(A) is a foreign national; and
(B) directly or indirectly owns or controls the vendor; and
(2) states the nature and extent of the ownership or control of the foreign national.
(b) The statement described in subsection (a) must be amended to reflect any change in the identity of a foreign national subject to this section or in the nature and extent of the ownership or control of the foreign national by filing an amended statement with the election division not later than noon thirty (30) days after the change occurs.
As added by P.L.157-2019, SEC.27.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 17. Voting System Violations › 3-11-17-9. Anomaly Reports Confidential; Exception

Sec. 9. An anomaly report is confidential except at the discretion of the secretary of state and the election division under IC 5-14-3-4(b)(10).
As added by P.L.193-2021, SEC.67.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 18.1. Vote Centers › 3-11-18.1-1. Application of Chapter; Pilot Counties Automatically Redesignated

Sec. 1. (a) This chapter applies to a county designated as a vote center county under this chapter.
(b) On January 1, 2011, a county designated as a vote center pilot county under:
(1) IC 3-11-18 (before its expiration);
(2) P.L.164-2006, SECTION 148 (before its expiration); or
(3) P.L.108-2008, SECTION 4 (before its expiration);
is automatically redesignated as a vote center county under this chapter.
As added by P.L.1-2011, SEC.3.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 18.1. Vote Centers › 3-11-18.1-2. "Active Voter"

Sec. 2. As used in this chapter, "active voter" means a voter who is not an inactive voter under IC 3-7-38.2.
As added by P.L.1-2011, SEC.3.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 18.1. Vote Centers › 3-11-18.1-3. Designation of County as Vote Center County; Adoption of Vote Center Order and Plan

Sec. 3. (a) A county must comply with this section to become a vote center county.
(b) As used in this section, "board" refers to any of the following:
(1) The county election board.
(2) The board of elections and registration.
(c) The board shall hold a public hearing to present a draft plan for administration of vote centers in the county.
(d) After presentation of the draft plan under subsection (c), the board shall accept written public comments on the draft plan.
(e) At least thirty (30) days after the hearing held under subsection (c), the board shall hold a public hearing to consider the following:
(1) The draft plan.
(2) The written public comments.
(3) Any other public comment that the board may permit on the draft plan.
(f) After consideration of the draft plan and the public comments, the board may do the following:
(1) Adopt an order approving the draft plan.
(2) Amend the draft plan and adopt an order approving the amended draft plan.
The board may adopt the order to approve a plan only by unanimous vote of the entire membership of the board.
(g) All members of the board must sign the order adopting the plan.
(h) The order and the adopted plan must be filed with the election division and must include a copy of:
(1) a resolution adopted by the county executive; and
(2) a resolution adopted by the county fiscal body;
approving the designation of the county as a vote center county.
As added by P.L.1-2011, SEC.3. Amended by P.L.170-2019, SEC.14.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 18.1. Vote Centers › 3-11-18.1-5. Use of Vote Centers; Exceptions

Sec. 5. (a) Except as provided in subsections (b) and (c), a plan must provide a vote center for use by voters residing within the county for use in a primary election, general election, special election, municipal primary, or municipal election conducted on or after the effective date of the county election board's order.
(b) A plan may provide that a vote center will not be used in a municipal election conducted in 2023, 2027, 2031, 2035, 2039, 2043, and every four (4) years thereafter for some or all of the towns:
(1) located within the county; and
(2) having a population of less than three thousand five hundred (3,500).
(c) This section does not apply in a town that has established a town election board under IC 3-10-7-5.7 while the resolution established under IC 3-10-7-5.7 is in effect.
As added by P.L.1-2011, SEC.3. Amended by P.L.64-2014, SEC.60; P.L.201-2017, SEC.31; P.L.278-2019, SEC.116; P.L.193-2021, SEC.68; P.L.141-2023, SEC.17.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 18.1. Vote Centers › 3-11-18.1-6. Number of Vote Centers Required; Number Required for a Special Election

Sec. 6. (a) Except as provided in subsection (b), when the total number of active voters in the county equals at least twenty-five thousand (25,000), the following apply:
(1) The plan must provide for at least one (1) vote center for each ten thousand (10,000) active voters.
(2) In addition to the vote centers designated in subdivision (1), the plan must provide for a vote center for any fraction of ten thousand (10,000) active voters.
(b) When a county conducts a special election described in IC 3-10-8-1 that is conducted in only part of a county and not on the same date as a primary, general, or municipal election held in the county, the following apply:
(1) The plan must provide for at least one (1) vote center.
(2) If the election district for the special election contains at least ten thousand (10,000) active voters, the following apply:
(A) The plan must provide for at least one (1) vote center for each ten thousand (10,000) active voters in the election district.
(B) In addition to the vote centers required in clause (A), the plan must provide for a voter center for any fraction of ten thousand (10,000) active voters in the election district.
As added by P.L.1-2011, SEC.3. Amended by P.L.201-2017, SEC.32.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 18.1. Vote Centers › 3-11-18.1-7. Designation of Vote Center County; Criteria

Sec. 7. Before adopting an order designating a county as a vote center county under this chapter, the county election board must determine the following:
(1) That the secure electronic connection as described under section 4(9)(B) of this chapter is sufficient to prevent:
(A) any voter from voting more than once; and
(B) unauthorized access by any person to:
(i) the electronic poll lists for a precinct whose polls are to be located at the vote center; or
(ii) the computerized list of voters of the county.
(2) That the planned design and location of the equipment and precinct officers will provide the most efficient access for:
(A) voters to enter the polls, cast their ballots, and leave the vote center; and
(B) precinct election officials, watchers, challengers, and pollbook holders to exercise their rights and perform their duties within the vote center.
As added by P.L.1-2011, SEC.3. Amended by P.L.278-2019, SEC.117.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 18.1. Vote Centers › 3-11-18.1-8. Effective Date of Designation; Rescission of Designation

Sec. 8. (a) Except as provided in subsection (b), the designation of a county as a vote center county takes effect immediately upon the filing of the order with the election division, unless otherwise specified by the county election board.
(b) An order filed with the election division during the final sixty (60) days before an election becomes effective on the day following the election.
(c) The designation of a county as a vote center county remains in effect until the county election board, by unanimous vote of its entire membership:
(1) rescinds the order designating the county as a vote center county; and
(2) files a copy of the document rescinding the order with the election division.
As added by P.L.1-2011, SEC.3. Amended by P.L.258-2013, SEC.82.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 18.1. Vote Centers › 3-11-18.1-9. Notice of Vote Center Locations

Sec. 9. The county election board shall publish notice of the location of each vote center in accordance with IC 3-11-8-3.2.
As added by P.L.1-2011, SEC.3. Amended by P.L.227-2023, SEC.111.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 18.1. Vote Centers › 3-11-18.1-10. Administration of Election According to Laws and Plan

Sec. 10. Except as otherwise provided by this chapter, the county shall administer an election conducted at a vote center in accordance with federal law, this title, and the plan adopted with the county election board's order under section 3 of this chapter.
As added by P.L.1-2011, SEC.3. Amended by P.L.225-2011, SEC.70.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 18.1. Vote Centers › 3-11-18.1-11. Casting Absentee Ballots at Vote Centers Located at Satellite Offices

Sec. 11. Notwithstanding any other law, a voter who resides in a vote center county is entitled to cast an absentee ballot at a vote center located at a satellite office of the county election board established under IC 3-11-10-26.3 in the same manner and subject to the same restrictions applicable to a voter wishing to cast an absentee ballot before an absentee board located in the office of the circuit court clerk or board of elections and registration.
As added by P.L.1-2011, SEC.3.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 18.1. Vote Centers › 3-11-18.1-13. Voter Right to Cast Vote at Any Vote Center in County

Sec. 13. Notwithstanding any other law, including IC 3-11-8-2 and IC 3-14-2-11, a voter who resides in a vote center county is entitled to cast a ballot at any vote center established in the county without regard to the precinct in which the voter resides.
As added by P.L.1-2011, SEC.3.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 18.1. Vote Centers › 3-11-18.1-14. Separation of Ballots at Vote Center by Precinct; Exception for Marion County; Reports of Anomaly With Poll Book

Sec. 14. (a) The precinct election board administering an election at a vote center shall keep the ballots cast in each precinct separate from the ballots cast in any other precinct whose election is administered at the vote center, 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 and included on the statement required by IC 3-12-4-9.
(b) This subsection applies to a county having a consolidated city, if either of the following applies to the county:
(1) The county has adopted an order under IC 3-7-29-6(a)(1) to use an electronic poll book.
(2) The county is a vote center county under IC 3-11-18.1.
The precinct election board administering an election at a vote center shall keep the ballots secure 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 and included on the statement required by IC 3-12-4-9. The county election board shall separate the ballots by precinct if a recount is requested.
(c) This subsection applies:
(1) to a county described under section 12 of this chapter on and after the date absentee ballots are first transmitted to voters; and
(2) to any anomaly or problem, whether due to a technical reason or due to human error with electronic poll book use.
A person that receives a certification for an electronic poll book shall file not later than forty-eight (48) hours after the discovery of an anomaly or problem with the poll book a written report in accordance with IC 3-11-17-7.
As added by P.L.1-2011, SEC.3. Amended by P.L.169-2015, SEC.134; P.L.71-2019, SEC.30; P.L.278-2019, SEC.119.
2023 Indiana Code › Title 3. Elections › Article 11. Voting Methods, Supplies, and Equipment › Chapter 18.1. Vote Centers › 3-11-18.1-15. Amendment of County Vote Center Plan

Sec. 15. (a) A county may amend a plan adopted with a county election board's order under section 3 of this chapter.
(b) For a county to amend its plan:
(1) the county election board or board of elections and registration, by unanimous vote of the entire membership of the board, must approve the plan amendment;
(2) all members of the board must sign the amendment; and
(3) the amendment must be filed with the election division.
(c) A plan amendment takes effect immediately upon filing with the election division, unless otherwise specified by the county election board.
As added by P.L.1-2011, SEC.3. Amended by P.L.225-2011, SEC.71; P.L.170-2019, SEC.15.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 1. General Provisions › 3-11.5-1-1.1. Applicability of Article

Sec. 1.1. This article applies to all counties.
As added by P.L.8-1995, SEC.53. Amended by P.L.3-1997, SEC.333; P.L.266-2013, SEC.3; P.L.170-2019, SEC.16; P.L.278-2019, SEC.120.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 1. General Provisions › 3-11.5-1-2. Repealed

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.2-1995, SEC.2; P.L.2-1996, SEC.200. Repealed by P.L.3-1997, SEC.476.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 1. General Provisions › 3-11.5-1-2.1. Repealed

As added by P.L.3-1995, SEC.115. Amended by P.L.2-1996, SEC.201. Repealed by P.L.3-1997, SEC.476.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 1. General Provisions › 3-11.5-1-4. Repealed

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.3-1997, SEC.334; P.L.66-2010, SEC.26; P.L.225-2011, SEC.72; P.L.219-2013, SEC.59. Repealed by P.L.278-2019, SEC.121.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 2. Definitions › 3-11.5-2-1. Absentee Ballot Counter

Sec. 1. As used in this article, "absentee ballot counter" refers to a person designated under IC 3-11.5-4-22.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 2. Definitions › 3-11.5-2-2. Central Location for Counting Absentee Ballots

Sec. 2. As used in this article, "central location for counting absentee ballots" refers to a location for counting absentee ballots that a county election board must establish under this article.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.138.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 2. Definitions › 3-11.5-2-5. When an Absentee Ballot Application or Absentee Ballot Is Considered Sent

Sec. 5. An absentee ballot application or an absentee ballot is considered "sent" to a voter if the application or ballot is:
(1) sent by United States mail addressed to the voter;
(2) transmitted by fax to a number provided by the voter; or
(3) personally given to the voter.
As added by P.L.126-2002, SEC.77.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 3. Watchers for Political Parties, Candidates, and the Media › 3-11.5-3-1. Function of Watchers

Sec. 1. The following apply for the purposes of IC 3-6-8, IC 3-6-9, and IC 3-6-10:
(1) A central location for counting absentee ballots shall be treated the same as a precinct poll.
(2) An absentee ballot counter shall be treated the same as a precinct election official.
(3) A major political party of a county is entitled to appoint the number of watchers equal to the number of teams of absentee ballot counters.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.169-2015, SEC.135.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 3. Watchers for Political Parties, Candidates, and the Media › 3-11.5-3-2. Rights and Requirements of Appointed Watchers

Sec. 2. (a) Political parties or independent candidates described in IC 3-6-8-1 may appoint watchers at a central location for counting absentee 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.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.3-1995, SEC.116.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 3. Watchers for Political Parties, Candidates, and the Media › 3-11.5-3-3. Candidate Appointed Watchers; Rights and Requirements

Sec. 3. (a) A candidate entitled to appoint a watcher under IC 3-6-9 may appoint a watcher at a central location for counting absentee 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.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 3. Watchers for Political Parties, Candidates, and the Media › 3-11.5-3-4. Media Appointed Watchers; Rights and Requirements

Sec. 4. (a) Media entitled to appoint a watcher under IC 3-6-10 may appoint a watcher at a central location for counting absentee 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.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-1. Circuit Court Clerk Records and Certifications

Sec. 1. Each circuit court clerk shall do the following:
(1) Keep a separate absentee ballot record for each precinct in the county.
(2) This subdivision applies to a county in which the county voter registration office prepares a certified list of all voters registered to vote in each precinct in the county under IC 3-7-29-1. Either:
(A) certify to each inspector or the inspector's representative, at the time that the ballots and supplies are delivered under IC 3-11-3, the names of the voters:
(i) to whom absentee ballots were sent or who marked ballots in person; and
(ii) whose ballots have been received by the county election board under IC 3-11-10; or
(B) provide a certified list of voters that have been marked to designate the names of the voters described in clause (A).
(3) This subdivision applies to a county that has adopted an order to use an electronic poll book under IC 3-7-29-6 or is a vote center county under IC 3-11-18.1. Certify at the time the county voter registration office downloads information to an electronic poll book under IC 3-7-29-6(c), the names of the voters:
(A) to whom absentee ballots were sent or who marked ballots in person; and
(B) whose ballots have been received by the county election board under IC 3-11-10.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002, SEC.78; P.L.271-2013, SEC.26; P.L.76-2014, SEC.45; P.L.157-2019, SEC.28.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-2. Recast of Certain Ballots

Sec. 2. (a) This section applies to a voter voting by an absentee ballot that:
(1) is defective and ordered corrected under IC 3-11-2-16;
(2) includes a candidate for election to office who:
(A) ceases to be a candidate; and
(B) is succeeded by a candidate selected under IC 3-13-1 or IC 3-13-2; or
(3) is presented and surrendered at:
(A) the office of the circuit court clerk;
(B) the office of the board of elections and registration;
(C) a satellite office of a board established under IC 3-11-10-26.3; or
(D) a vote center established as a satellite office under IC 3-11-18.1-4(15);
in a sealed envelope and signed by the voter containing an absentee ballot previously mailed to the voter with a request by the voter for a replacement absentee ballot under this section to cast at the office or vote center.
(b) Through the last day before the election day, an absentee voter may recast the ballot during the period specified by IC 3-11-10-26. To obtain a replacement ballot, the absentee voter must present a written request to the county election board for a replacement ballot. However, in a primary election, if an application has been submitted to the county by or for a voter requesting the ballot of a political party, the voter may not change the choice of the voter's party when requesting a replacement ballot unless the county determines, based on the application of the voter, that the voter was issued an incorrect party ballot by the county.
(c) Upon receiving a written request under subsection (b), the circuit court clerk shall do the following:
(1) Place the written request with the absentee voter's original ballots.
(2) Mark "canceled" on the original set of ballots.
(3) Preserve the original ballots with other defective ballots.
(4) Deliver a new set of ballots to the absentee voter.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.3-1995, SEC.117; P.L.109-2021, SEC.52.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-3. Rejection of Absentee Ballots Deposited in Drop Box Not Under Control of County Election Board

Sec. 3. In accordance with IC 3-11-10-24, a county election board shall reject an absentee ballot deposited in a drop box or other container or location that is not under the physical control and supervision of the county election board when the ballot is deposited.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.109-2021, SEC.53.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-3.5. Absentee Ballot of Voter Required to Present Additional Information; Procedure

Sec. 3.5. (a) Upon receipt of an absentee ballot from a voter required to provide additional information to the county voter registration office under IC 3-7-33-4.5, the county election board shall contact the county voter registration office to determine if the additional information has been filed with the office by the voter.
(b) If the voter has filed the information with the county voter registration office, the county election board shall add a notation to the application indicating that the required information has been filed and that the absentee ballot may be counted if the ballot otherwise complies with this article.
(c) If the voter has not filed the information with the county voter registration office, the county election board shall add a notation on the application filed by a voter described under subsection (b) and on the envelope provided under this chapter reading substantially as follows:
"ABSENTEE BALLOT COUNTERS: AS OF (insert date absentee ballot application approved) THIS VOTER WAS REQUIRED TO FILE ADDITIONAL DOCUMENTATION WITH THE COUNTY VOTER REGISTRATION OFFICE BEFORE THIS BALLOT MAY BE COUNTED. CHECK THE POLL LIST AND COUNTY ELECTION BOARD CERTIFICATION TO SEE IF THE VOTER HAS FILED THIS INFORMATION. IF NOT, PROCESS AS A PROVISIONAL BALLOT IF THIS BALLOT OTHERWISE COMPLIES WITH INDIANA LAW.".
As added by P.L.109-2021, SEC.54.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-4. Treatment of Ballot Found Without Genuine Signature

Sec. 4. If a county election board finds that the signature on a ballot envelope or transmitted affidavit is not genuine, the board shall write upon the ballot envelope the words "The county election board has found the signature of this voter is not genuine. This ballot is subject to IC 3-11.5-4-13.5 or IC 3-11.5-4-13.6.".
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002, SEC.79; P.L.109-2021, SEC.55.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-5. Ballot With Signature; Comparison of Signatures; Treatment of Ballot With Genuine Signature, Disputed Signature

Sec. 5. (a) Upon receipt of the absentee ballot and not later than election day, the county election board, or the absentee board members in the office of the circuit court clerk, shall compare the signature of the voter on the absentee ballot application, or, if there is no application, with the signature on the electronic poll book, with the signature on:
(1) the voter's absentee ballot envelope or ballot secrecy waiver form; or
(2) the computerized list, if there is no envelope or ballot secrecy waiver form.
(b) If a county election board unanimously finds that the signature on a ballot envelope or transmitted affidavit is genuine, the board shall enclose immediately the accepted and unopened ballot envelope, together with the voter's application for the absentee ballot, in a large or carrier envelope. If the county election board does not unanimously determine that the signature on a ballot envelope is genuine, the board shall also write on the ballot envelope described in subsection (c) or the transmitted affidavit from a voter under IC 3-11-4-6, the words "SIGNATURE DISPUTED". The board shall enclose in the same carrier envelope all absentee ballot envelopes and applications for the same precinct.
(c) The envelope shall be securely sealed and endorsed with the name and official title of the circuit court clerk and the following words: "This envelope contains an absentee ballot and must be opened only on election day under IC 3-11.5.".
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002, SEC.80; P.L.64-2014, SEC.62; P.L.157-2019, SEC.29; P.L.109-2021, SEC.56; P.L.227-2023, SEC.113.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-6. Secure Keeping Ballots; Scanning Ballots Before Election Day; Ballots May Not Be Tabulated Before Election Day

Sec. 6. (a) Each circuit court clerk shall keep all accepted ballot envelopes securely sealed in the clerk's office until the ballot envelopes are opened by absentee ballot counters in accordance with this chapter.
(b) A county election board may scan a voted absentee ballot card using an optical scan ballot scanner not earlier than seven (7) calendar days before election day. However, the county election board:
(1) may not tabulate the ballots before election day; and
(2) shall retract a previously scanned absentee ballot card of a voter who is later found disqualified or whose ballot may not be counted for any other reason under this title.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.278-2019, SEC.123; P.L.108-2021, SEC.10.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-7. Acceptance of Delivery of Absentee Ballots at Post Office

Sec. 7. Not later than 6 p.m. on election day each circuit court clerk, or an agent of the clerk, shall visit the appropriate post office to accept delivery of absentee envelopes.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.227-2023, SEC.114.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-8. Applicability; Certification of Voter Names; Delivery of Certificates

Sec. 8. (a) This section does not apply to a county that:
(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or
(2) is a vote center county under IC 3-11-18.1;
if the electronic poll book used at a polling place or vote center is immediately updated to indicate the county received, not later than noon on election day, an absentee ballot from a voter.
(b) Each county election board shall certify the names of voters:
(1) to whom absentee ballots were sent or who marked ballots in person; and
(2) whose ballots have been received by the board under this chapter;
after the certification under section 1 of this chapter and not later than noon on election day.
(c) The county election board shall have:
(1) the certificates described in subsection (b); and
(2) the circuit court clerk's certificates for voters who have registered and voted under IC 3-7-36-14;
delivered to the precinct election boards at their respective polls on election day by couriers appointed under section 22 of this chapter.
(d) The certificates shall be delivered not later than 3 p.m. on election day.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002, SEC.81; P.L.271-2013, SEC.27; P.L.76-2014, SEC.46; P.L.169-2015, SEC.136.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-9. Applicability; Marking of Poll List Indication of Absentee Voters; Disposition of Certificate Materials

Sec. 9. (a) This section does not apply to a county that:
(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or
(2) is a vote center county under IC 3-11-18.1;
if the electronic poll book used at a polling place or vote center is immediately updated to indicate that the county received, not later than noon on election day, an absentee ballot from a voter.
(b) Upon delivery of the certificates under section 8 of this chapter to a precinct election board, the inspector shall do the following in the presence of the poll clerks:
(1) Mark the poll list.
(2) Attach the certificates of voters who have registered and voted under IC 3-7-36-14 to the poll list.
(3) Indicate next to the voter's name on either:
(A) the certificate prepared under section 1 of this chapter; or
(B) the certificate delivered under section 8 of this chapter;
that the voter has voted in person at the polls if a person listed in either certificate has voted in person at the polls.
The poll clerks shall sign the statement printed on the certificate indicating that the inspector marked the poll list and attached the certificates under this section in the presence of both poll clerks to indicate that the absentee ballot of the voter has been received by the county election board.
(c) The inspector shall then deposit:
(1) the certificate prepared under section 1 of this chapter, if any was provided by the circuit court clerk;
(2) the certificate prepared under section 8 of this chapter; and
(3) any challenge affidavit executed by a qualified person under section 15 of this chapter;
in an envelope in the presence of both poll clerks.
(d) The inspector shall seal the envelope. The inspector and each poll clerk shall then sign a statement printed on the envelope indicating that the inspector or poll clerk has complied with the requirements of this chapter governing the marking of the poll list and certificates.
(e) The couriers shall immediately return the envelope described in subsection (c) to the county election board. Upon delivering the envelope to the county election board, each courier shall sign a statement printed on the envelope indicating that the courier has not opened or tampered with the envelope since the envelope was delivered to the courier.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002, SEC.82; P.L.225-2011, SEC.73; P.L.271-2013, SEC.28; P.L.76-2014, SEC.47; P.L.169-2015, SEC.137; P.L.157-2019, SEC.30.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-10. Time for Receipt of Ballots; Treatment

Sec. 10. (a) This subsection applies to a county that:
(1) uses a paper list of voters provided under IC 3-7-29-2;
(2) has not adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); and
(3) is not a vote center county under IC 3-11-18.1.
Subject to IC 3-10-8-7.5, IC 3-12-1-17, and section 7 of this chapter, absentee ballots received by mail (or by fax or electronic mail under IC 3-11-4-6) after 6 p.m. on election day are considered as arriving too late and may not be counted.
(b) This subsection applies to a county described in subsection (a). An absentee ballot that is returned to the county election board between noon and 6 p.m. on election day may not be reviewed or counted under this article until all of the following have occurred:
(1) The polls in each precinct have closed.
(2) The poll list for the precinct with an absentee ballot that has not been counted has been returned to the county election board.
(3) The county election board confirms whether the voter cast a ballot at the polls on election day.
(c) This subsection applies to a county that:
(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or
(2) is a vote center county under IC 3-11-18.1.
Subject to IC 3-10-8-7.5 and IC 3-12-1-17, absentee ballots received by mail or by fax or electronic mail under IC 3-11-4 after 6 p.m. on election day are considered as arriving too late and may not be counted.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002, SEC.83; P.L.198-2005, SEC.12; P.L.64-2014, SEC.63; P.L.109-2021, SEC.57.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-12.5. Opening Absentee Ballots by Machine

Sec. 12.5. (a) Notwithstanding section 12(b) of this chapter and subject to subsection (b), absentee ballot envelopes may be opened by machine instead of by the absentee ballot counters. For purposes of certification of voting systems under this article, a machine, the only function of which is the opening of envelopes, is not considered to be a voting system or part of a voting system.
(b) After making the applicable findings under section 12(b) of this chapter, the absentee ballot counters shall take out each ballot enclosed in an envelope opened under subsection (a) without unfolding or permitting a ballot to be unfolded or examined. The absentee ballots shall then continue to be processed as provided under section 12 and other applicable provisions of this chapter.
As added by P.L.278-2019, SEC.125. Amended by P.L.109-2021, SEC.59.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-14. Rejected Ballots; Endorsement; Processing and Return

Sec. 14. (a) Each ballot rejected for any of the reasons prescribed by section 13 of this chapter shall, without being unfolded to disclose how the ballot is marked, be endorsed with the words: "Rejected (giving the reason or reasons for the rejection).".
(b) All rejected absentee ballots shall be enclosed and securely sealed in an envelope on which the absentee ballot counters shall write the words: "Rejected absentee ballots". The absentee ballot counters shall also identify the precinct and the date of the election on the envelope containing the rejected ballots.
(c) The rejected absentee ballots shall be returned to the same officer and in the same manner as prescribed by this title for the return and preservation of official ballots cast and uncast at the election.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-15. Challenge of Absentee Ballot at Polls; Procedure

Sec. 15. (a) Except as provided in subsection (c), the vote of an absentee voter may be challenged at the polls for the reason that the absentee voter is not a legal voter of the precinct where the ballot is being cast.
(b) Before the inspector prepares to mark the poll list to indicate that an absentee ballot cast by the voter has been received by the county election board according to a certificate delivered to the polls under section 1 or section 8 of this chapter, the inspector shall notify the challengers and the pollbook holders that the inspector is about to mark the poll list under this section. The inspector shall provide the challengers and pollbook holders with the name and address of each voter listed in the certificate so that the voter may be challenged under this article.
(c) This section applies to a county that:
(1) has adopted an order to use an electronic poll list under IC 3-7-29-6(a)(1); or
(2) is a vote center county under IC 3-11-18.1.
The vote of an absentee ballot may be challenged for the reason that the absentee voter is not a legal voter of the precinct for which the absentee ballot was issued. Before the absentee ballot counters process an absentee ballot, the absentee ballot counters shall notify the county election board. A county election board member, or a representative designated by a county election board member, may challenge the absentee ballot under section 16 of this chapter.
(d) The challenge under this section must be determined using the procedures for counting a provisional ballot under IC 3-11.7.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.140; P.L.271-2013, SEC.29; P.L.64-2014, SEC.64; P.L.169-2015, SEC.139.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-16. Absentee Voter's Application as Affidavit; Challenge Procedure

Sec. 16. (a) If an absentee ballot is challenged under section 15 of this chapter, the absentee voter's application for an absentee ballot shall be considered as the affidavit required to be made by a voter when challenged at the polls while voting in person.
(b) Except as provided in subsection (c), the challenge procedure under this section is the same as though the ballot was cast by the voter in person.
(c) An absentee voter is not required to provide proof of identification.
(d) The absentee ballot cast by the challenged voter shall be counted if the county election board makes the findings required under IC 3-11.7-5.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.109-2005, SEC.10; P.L.164-2006, SEC.120; P.L.271-2013, SEC.30; P.L.76-2014, SEC.49.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-17. Absentee Ballot of Deceased Voter

Sec. 17. (a) If proof is given to the absentee ballot counters that an absentee voter marked and forwarded an absentee ballot but died before election day, the ballot of the deceased voter shall be rejected under section 13 of this chapter and retained with the other rejected ballots under section 14 of this chapter.
(b) The casting of an absentee ballot by a deceased voter does not invalidate an election.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-18. Voting in Person by Absentee Voter Who Has Not Returned Absentee Ballot

Sec. 18. (a) If a voter has not returned an absentee ballot, the voter may vote in person.
(b) However, if the voter has received an absentee ballot, before the voter may vote, the voter must return the ballot to the inspector. The absentee ballot shall be marked "canceled" and preserved with the rejected ballots.
(c) If the voter has requested but not received an absentee ballot, the voter may vote if the voter executes an affidavit affirming that the voter has not received an absentee ballot.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.194-2013, SEC.74; P.L.169-2015, SEC.140.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-20. Absentee Voter Wishing to Vote in Person After Poll List Is Marked

Sec. 20. If a voter has marked and returned an absentee ballot, the voter may not vote in person except as provided in section 21 of this chapter.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.109-2021, SEC.63.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-21. Voter Who Has Cast Rejected Absentee Ballot Appearing in Person

Sec. 21. If an envelope containing a voter's absentee ballot has been marked "Rejected", and the voter appears in person at the precinct before the polls close, the voter may vote as any other voter voting in person if the voter presents the precinct election board with the certificate issued under section 13(f) of this chapter.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.1-2009, SEC.4; P.L.157-2019, SEC.33; P.L.227-2023, SEC.117.
2023 Indiana Code › Title 3. Elections › Article 11.5. Counting Absentee Ballots › Chapter 4. General Procedures for Counties › 3-11.5-4-21.5. Rejected Absentee Ballots May Not Be Opened; Exception

Sec. 21.5. Rejected absentee ballots may not be opened, except on order of a court or the state recount commission.
As added by P.L.169-2015, SEC.141.