CHAPTER 12. SPECIAL PROCEDURES FOR CERTAIN INDIANA VOTERS TO VOTE IN PRECINCT OF FORMER RESIDENCE UNDER NVRA
IC 3-10-12
Chapter 12. Special Procedures for Certain Indiana Voters to Vote
in Precinct of Former Residence Under NVRA
IC 3-10-12-1
Purpose of chapter
Sec. 1. This chapter:
(1) prescribes the procedure for certain voters to cast ballots
under 42 U.S.C. 1973gg-6(e)(2) in a precinct where the voter
formerly resided; and
(2) is enacted to implement Article 2, Section 2(c) of the
Constitution of the State of Indiana.
As added by P.L.12-1995, SEC.70. Amended by P.L.176-1999,
SEC.64.
IC 3-10-12-2
Applicability of chapter
Sec. 2. This chapter applies to a general, municipal, primary,
school district, and special election.
As added by P.L.12-1995, SEC.70.
IC 3-10-12-3
Repealed
(Repealed by P.L.230-2005, SEC.91.)
IC 3-10-12-3.4
Voter who changes residence voting in municipal election
Sec. 3.4. (a) This section applies to a voter who:
(1) changes residence from a precinct in a county to another
precinct:
(A) in the same county; and
(B) in the same congressional district;
as the former precinct; and
(2) does not notify the county voter registration office of the
change of address before election day.
(b) A voter described by subsection (a) may:
(1) correct the voter registration record; and
(2) vote in the precinct where the voter formerly resided;
if the voter makes an oral affirmation as described in subsection (e)
or a written affirmation as described in section 4 of this chapter of
the voter's current residence address.
(c) A voter who moved outside of a municipality may not return
to the precinct where the voter formerly resided to vote in a
municipal election.
(d) A voter who moved from a location outside a municipality to
a location within a municipality within thirty (30) days before a:
(1) municipal primary election;
(2) municipal election; or
(3) special election held only within the municipality;
may not vote in the election in the precinct of the person's former
residence.
(e) A voter entitled to make a written affirmation under subsection
(b) may make an oral affirmation. The voter must make the oral
affirmation before the poll clerks of the precinct. After the voter
makes an oral affirmation under this subsection, the poll clerks shall:
(1) reduce the substance of the affirmation to writing at an
appropriate location on the poll list; and
(2) initial the affirmation.
As added by P.L.230-2005, SEC.47.
IC 3-10-12-3.5
Affirmation must include voter identification number
Sec. 3.5. The written affirmation described in section 3.4 of this
chapter must include the person's voter identification number to
permit transfer of the registration under IC 3-7-13-13.
As added by P.L.209-2003, SEC.104. Amended by P.L.230-2005,
SEC.48; P.L.164-2006, SEC.80.
IC 3-10-12-4
Execution of written affirmation
Sec. 4. (a) The written affirmation described in section 3.4 of this
chapter may be executed as follows:
(1) At the county voter registration office for the county of the
precinct of the person's former residence, not later than 4 p.m.
on the day before the election.
(2) Before the inspector of the precinct of the person's former
residence, if the application and statement are executed on the
day of the election.
(3) When the application for an absentee ballot is filed with the
county election board of the county of the precinct of the
person's former residence.
(b) If the person executes the affidavit under this section at the
county voter registration office before the day of the election, the
office shall furnish a copy of the affirmation to the person. The
person shall present the copy to the inspector of the precinct of the
person's former residence when the person offers to vote in that
precinct under IC 3-11-8.
(c) If the person executes the affirmation under this section when
filing an application for an absentee ballot, the county election board
shall attach the original or a copy of the affirmation to the person's
application for an absentee ballot before the application and ballot
are delivered to the inspector of the precinct of the person's former
residence.
(d) If the person executes the affirmation under this section before
the inspector of the precinct of the person's former residence on the
day of the election, the inspector shall return the original affirmation
to the county election board. The county election board shall forward
the affidavit to the county voter registration office after the closing
of the polls.
As added by P.L.3-1995, SEC.93. Amended by P.L.230-2005,
SEC.49.
IC 3-10-12-5
Voter making affirmation challenged as ineligible; provisional
ballot; sufficiency of affidavit
Sec. 5. If a voter makes an oral or a written affirmation under this
chapter and is then challenged under IC 3-10-1 or IC 3-11-8 as
ineligible to vote in the precinct, the voter shall be provided with a
provisional ballot under IC 3-11.7 rather than a regular official
ballot. The oral or written affirmation made under this chapter serves
as a sufficient affidavit for the voter to receive a provisional ballot
under IC 3-11.7.
As added by P.L.164-2006, SEC.81.