CHAPTER 10. SPECIAL PROCEDURES FOR PRESIDENTIAL ELECTIONS
IC 3-10-10
Chapter 10. Special Procedures for Presidential Elections
IC 3-10-10-1
Purpose of chapter
Sec. 1. This chapter is enacted to implement 42 U.S.C. 1973aa
concerning voting for President and Vice President of the United
States.
As added by P.L.12-1995, SEC.68.
IC 3-10-10-2
Applicability of chapter
Sec. 2. Notwithstanding other provisions in IC 3-7 concerning
residency requirements for voting, special procedures apply for
voting in presidential elections. The presidential voting procedures
in this chapter apply only to a general election at which electors for
President and Vice President of the United States are voted upon.
As added by P.L.12-1995, SEC.68.
IC 3-10-10-3
Conditions for applicability of voting procedures
Sec. 3. The presidential voting procedures in this chapter apply to
a person who satisfies all of the following conditions:
(1) The person resided in a precinct in Indiana.
(2) The person lost residency in Indiana within the thirty (30)
days immediately before the general election.
(3) The person was a qualified and registered voter while a
resident of that precinct.
(4) The person is otherwise legally qualified to vote.
(5) The person does not meet the residency requirements of the
state, precinct, or political subdivision in which the person
resides.
As added by P.L.12-1995, SEC.68.
IC 3-10-10-4
Affidavit; execution
Sec. 4. (a) The affidavit required under this chapter for voting in
presidential elections may be executed only:
(1) at the office of the circuit court clerk or board of registration
before the day of the general election;
(2) before the precinct election board of the precinct where the
person formerly resided, if the affidavit is executed on the day
of the general election; or
(3) when the application for an absentee ballot is filed.
(b) In years in which a presidential election is conducted, at least
one (1) copy of the affidavit must be included in the material
provided for the inspector of each precinct.
As added by P.L.12-1995, SEC.68.
IC 3-10-10-5
Affidavit; copy to voter
Sec. 5. The circuit court clerk or board of registration shall mail
a copy of the affidavit to any voter who requests a copy not later than
five (5) days before election day. If the voter returns the affidavit to
the office of the clerk or board before the day of the general election,
the affidavit shall be processed as if the affidavit had been executed
in the office.
As added by P.L.12-1995, SEC.68.
IC 3-10-10-6
Affidavits, forms, and records to be marked for presidential
election only
Sec. 6. All affidavits, forms, and records of voter registration must
be clearly marked to indicate that, in this general election, the voter
may only vote for electors for President and Vice President of the
United States.
As added by P.L.12-1995, SEC.68.
IC 3-10-10-7
Affidavit; required information
Sec. 7. The affidavits for presidential voting under this chapter
must contain the following information:
(1) The person's last, first, and middle name, in that order.
(2) The person's assigned identification number.
(3) The person's birthplace and date of birth.
(4) Whether the person is a citizen of the United States.
(5) The person's present residence address.
(6) The address of the person's previous residence in Indiana,
including the county.
(7) The person's statement that the person satisfies the
conditions set forth in section 3 of this chapter.
As added by P.L.12-1995, SEC.68.
IC 3-10-10-8
Affidavit; form
Sec. 8. The commission shall prescribe the form of the affidavit
required by this chapter.
As added by P.L.12-1995, SEC.68. Amended by P.L.2-1996,
SEC.124.
IC 3-10-10-9
Voter executing affidavit challenged as ineligible; provisional
ballot; sufficiency of affidavit
Sec. 9. If a voter executes an affidavit under this chapter and is
then challenged under IC 3-11-8 as ineligible to vote in the precinct,
the voter shall be provided with a provisional ballot under IC 3-11.7
rather than a regular official ballot. The affidavit executed under this
chapter serves as a sufficient affidavit for the voter to receive a
provisional ballot under IC 3-11.7.
As added by P.L.164-2006, SEC.77.