CHAPTER 13. VOTING BY BALLOT CARD VOTING SYSTEM
IC 3-11-13
Chapter 13. Voting by Ballot Card Voting System
IC 3-11-13-1
Application of chapter
Sec. 1. This chapter applies to each precinct where voting is by
ballot card voting system.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.302.
IC 3-11-13-2
Permissible use of system; generally
Sec. 2. A county election board may use an approved ballot card
voting system:
(1) in any election;
(2) in all or in some of the precincts within a political
subdivision holding an election; and
(3) instead of or in combination with any other voting method.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.303.
IC 3-11-13-3
Use of system at primary election; requisites
Sec. 3. A ballot card voting system may be used at a primary
election only if the automatic tabulating machines for the system
will:
(1) count only votes for the candidates of one (1) political party;
(2) reject all votes for an office when the number of votes for
the office exceeds the number that the voter is entitled to cast;
and
(3) reject all votes cast for candidates of more than one (1)
political party.
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.23;
P.L.3-1987, SEC.304.
IC 3-11-13-4
Repealed
(Repealed by P.L.66-2003, SEC.55.)
IC 3-11-13-4.5
Education program to inform of effect of casting multiple ballots
for single office
Sec. 4.5. As required by 42 U.S.C. 15481, an election board must
establish a voter education program to notify a voter of the effect of
casting multiple ballots for a single office on an optical scan ballot
card tabulated at a central location.
As added by P.L.209-2003, SEC.155. Amended by P.L.164-2006,
SEC.113.
IC 3-11-13-5
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-11-13-6
Marking devices; preparation; time of system delivery to polls
Sec. 6. (a) Before an election at which a ballot card voting system
is used, a county election board shall:
(1) have the marking devices prepared for the election;
(2) have the marking devices put in order, set and adjusted, and
made ready for voting when delivered to the precincts; and
(3) provide the precinct election officers with marking devices,
a demonstration marking device, ballot cards, ballot boxes,
ballot labels, and other records and supplies as required.
(b) While acting under subsection (a), the county election board
may restrict access to parts of the room where marking devices and
other election material are being handled to safeguard this material.
(c) Each county election board shall have each ballot card voting
system, along with all necessary furniture and appliances that go with
the system at the polls, delivered to the appropriate precinct not later
than 6 p.m. of the day before election day. The county executive
shall provide transportation for the systems if requested to do so by
the county election board.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.306;
P.L.3-1997, SEC.320; P.L.176-1999, SEC.79; P.L.239-2001, SEC.9;
P.L.221-2005, SEC.76.
IC 3-11-13-7
Demonstration marking devices
Sec. 7. Demonstration marking devices may not bear the name of
any candidate or the text of any public question at an election.
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.120.
IC 3-11-13-8
Marking of ballot cards in secret
Sec. 8. Unless the marking devices enable the voter to mark a
ballot card in secret, a sufficient number of voting booths for each
precinct shall be provided. The booths must be of a size and design
so as to enable a voter to mark a ballot card in secret.
As added by P.L.5-1986, SEC.7.
IC 3-11-13-9
Sample ballots; requirements
Sec. 9. The public officials charged with the duty of providing
ballot cards or ballot labels shall also provide sample ballots. The
sample ballots must be:
(1) exact copies of the official ballot cards or ballot labels; and
(2) arranged in the form of a diagram showing the front of the
marking device as it will appear on election day.
As added by P.L.5-1986, SEC.7.
IC 3-11-13-10
Posting sample ballots
Sec. 10. The appropriate precinct election officers shall post
sample ballots near the entrance to the polls on election day and see
that they are available to public inspection throughout the day.
As added by P.L.5-1986, SEC.7.
IC 3-11-13-11
Ballot information; arrangement
Sec. 11. (a) The ballot information, whether placed on the ballot
card or on the marking device, must be in the order of arrangement
provided for ballots under this section.
(b) Each county election board shall have the names of all
candidates for all elected offices, political party offices, and public
questions printed on a ballot card as provided in this chapter. The
county may:
(1) print all offices and questions on a single ballot card; and
(2) include a ballot variation code to ensure that the proper
version of a ballot is used within a precinct.
(c) Each type of ballot card must be of uniform size and of the
same quality and color of paper (except as permitted under
IC 3-10-1-17).
(d) The nominees of a political party or an independent candidate
or independent ticket (described in IC 3-11-2-6) nominated by
petitioners shall be listed on the ballot with the name and device set
forth on the certification or petition. The circle containing the device
may be of any size that permits a voter to readily identify the device.
IC 3-11-2-5 applies if the certification or petition does not include a
name or device, or if the same device is selected by two (2) or more
parties or petitioners.
(e) The offices on the general election ballot must be placed on
the ballot in the order listed in IC 3-11-2-12, IC 3-11-2-12.2,
IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a), IC 3-11-2-13(a)
through IC 3-11-2-13(c), IC 3-11-2-14(a), and IC 3-11-2-14(d). The
offices and public questions may be listed in a continuous column
either vertically or horizontally and on a number of separate pages.
However, school board offices, public questions concerning the
retention of a justice or judge, local nonpartisan judicial offices, and
local public questions must be placed at the beginning of separate
columns.
(f) The name of each office must be printed in a uniform size in
bold type. A statement reading substantially as follows must be
placed immediately below the name of the office and above the name
of the first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office.".
(g) Below the name of the office and the statement required by
subsection (f), the names of the candidates for each office must be
grouped together in the following order:
(1) The major political party whose candidate received the
highest number of votes in the county for secretary of state at
the last election is listed first.
(2) The major political party whose candidate received the
second highest number of votes in the county for secretary of
state is listed second.
(3) All other political parties listed in the order that the parties'
candidates for secretary of state finished in the last election are
listed after the party listed in subdivision (2).
(4) If a political party did not have a candidate for secretary of
state in the last election or a nominee is an independent
candidate or independent ticket (described in IC 3-11-2-6), the
party or candidate is listed after the parties described in
subdivisions (1), (2), and (3).
(5) If more than one (1) political party or independent candidate
or ticket described in subdivision (4) qualifies to be on the
ballot, the parties, candidates, or tickets are listed in the order
in which the party filed its petition of nomination under
IC 3-8-6-12.
(6) A space for write-in voting is placed after the candidates
listed in subdivisions (1) through (5), if required by law.
(7) The name of a write-in candidate may not be listed on the
ballot.
(h) The names of the candidates grouped in the order established
by subsection (g) must be printed in type with uniform capital letters
and have a uniform space between each name. The name of the
candidate's political party, or the word "Independent" if the:
(1) candidate; or
(2) ticket of candidates for:
(A) President and Vice President of the United States; or
(B) governor and lieutenant governor;
is independent, must be placed immediately below or beside the
name of the candidate and must be printed in a uniform size and type.
(i) All the candidates of the same political party for election to
at-large seats on the fiscal or legislative body of a political
subdivision must be grouped together:
(1) under the name of the office that the candidates are seeking;
(2) in the order established by subsection (g); and
(3) within the political party, in alphabetical order according to
surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) of ANY party for this office.".
(j) Candidates for election to at-large seats on the governing body
of a school corporation must be grouped:
(1) under the name of the office that the candidates are seeking;
and
(2) in alphabetical order according to surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office.".
(k) The following information must be placed at the top of the
ballot before the first office is listed:
(1) The cautionary statement described in IC 3-11-2-7.
(2) The instructions described in IC 3-11-2-8, IC 3-11-2-10(c),
and IC 3-11-2-10(d).
(l) The ballot must include a single connectable arrow, circle,
oval, or square, or a voting position for voting a straight party or an
independent ticket (described in IC 3-11-2-6) by one (1) mark as
required by section 14 of this chapter, and the single connectable
arrow, circle, oval, or square, or the voting position for casting a
straight party or an independent ticket ballot must be identified by:
(1) the name of the political party or independent ticket
(described in IC 3-11-2-6); and
(2) immediately below or beside the political party's or
independent ticket's name, the device of that party or ticket
(described in IC 3-11-2-5).
The name and device of each political party or independent ticket
must be of uniform size and type and arranged in the order
established by subsection (g) for listing candidates under each office.
The instructions described in IC 3-11-2-10(b) for voting a straight
party ticket and the statement concerning presidential electors
required under IC 3-10-4-3 may be placed on the ballot beside or
above the names and devices within the voting booth in a location
that permits the voter to easily read the instructions.
(m) A public question must be in the form described in
IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a single connectable
arrow, a circle, or an oval may be used instead of a square. Except as
expressly authorized or required by statute, a county election board
may not print a ballot card that contains language concerning the
public question other than the language authorized by a statute.
(n) The requirements in this section:
(1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to optical scan ballots.
(o) The procedure described in IC 3-11-2-16 must be used when
a ballot does not comply with the requirements imposed by this title
or contains another error or omission that might result in confusion
or mistakes by voters.
(p) This subsection applies to an optical scan ballot that does not
list:
(1) the names of political parties or candidates; or
(2) the text of public questions;
on the face of the ballot. The ballot must be prepared in accordance
with this section, except that the ballot must include a numbered
circle or oval to refer to each political party, candidate, or public
question.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.307;
P.L.58-2005, SEC.19; P.L.164-2006, SEC.114.
IC 3-11-13-12
Ballot labels; office title with statement of number, name, and
party designation of candidates
Sec. 12. If ballot labels consist of a number of separate pages, the
office title with a statement of the number of candidates to be voted
for may be printed above or at the side of the name of each candidate
for that office. Except in a primary election, the political party
designation or independent status of each candidate, which may be
abbreviated, shall be printed following the candidate's name.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1993, SEC.165.
IC 3-11-13-13
Ballot labels; marking to indicate list of candidates continued on
following page
Sec. 13. If there are more candidates for an office than can be
printed on one (1) ballot page, the ballot label shall be clearly
marked that the list of candidates is continued on the following page.
Arrows and numbers may be used to indicate the place to vote for
each candidate and on each public question.
As added by P.L.5-1986, SEC.7.
IC 3-11-13-14
Straight party or independent ticket voting; provision for single
mark designation on ballot
Sec. 14. In partisan elections, the ballot labels must include a
voting square or position where a voter may by one (1) mark on each
card record a straight party or an independent ticket vote for all the
candidates of one (1) political party or the independent ticket, except
for offices for which the voter has voted individually for a candidate.
If the voter records a vote for the two (2) candidates comprising an
independent ticket, the vote must not count for any other independent
candidate on the ballot.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1993, SEC.166;
P.L.221-2005, SEC.77.
IC 3-11-13-15
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-11-13-16
Rotation of names of candidates for nomination at primary
election
Sec. 16. If a county election board requires that the names of
candidates for nomination at a primary election be rotated
alphabetically on the marking devices, then the names shall be
rotated by precincts in regular serial sequence, so that each name of
a list or group of candidates for an office appears upon the marking
devices an equal number of times, as nearly as practicable, at the top,
at the bottom, and in each intermediate place under the title of the
office sought. Each type card within a precinct must be of the same
rotation series.
As added by P.L.5-1986, SEC.7.
IC 3-11-13-17
Precinct to be provided ballot cards suitable for processing by
automatic data processing machines
Sec. 17. Each county election board shall provide each precinct
where a ballot card voting system is used with a sufficient number of
ballot cards of the size, design, and stock suitable for processing by
automatic data processing machines.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.308.
IC 3-11-13-18
Ballot cards for write-in voting; standards to define a vote
Sec. 18. (a) The county election board in a county using a ballot
card voting system shall provide ballot cards to the precinct election
board that permit voters to cast write-in votes for each officer to be
voted for at that election.
(b) The ballot cards provided under subsection (a) must be:
(1) designed to be folded; or
(2) accompanied by a secrecy envelope;
to ensure the secrecy of each of the votes cast by a voter.
(c) This subsection is enacted to comply with 42 U.S.C. 15481 by
establishing uniform and nondiscriminatory standards to define what
constitutes a vote on an optical scan voting system. Except as
provided in subsection (d), a write-in vote shall be cast by printing
the name of the candidate and the title of the office in the space
provided for write-in votes on a ballot card or secrecy envelope.
(d) Space for write-in voting for an office is not required if there
are no declared write-in candidates for that office. However,
procedures must be implemented to permit write-in voting for
candidates for federal offices.
As added by P.L.5-1986, SEC.7. Amended by P.L.4-1991, SEC.106;
P.L.38-1999, SEC.47; P.L.176-1999, SEC.80; P.L.239-2001,
SEC.10; P.L.209-2003, SEC.156; P.L.14-2004, SEC.131;
P.L.221-2005, SEC.78.
IC 3-11-13-19
Ballot cards and secrecy envelopes; precinct number or
designation; line for poll clerk's initials
Sec. 19. Each circuit court clerk shall print or stamp the precinct
number or designation and a line for each poll clerk's initials on both
a ballot card and the ballot card's secrecy envelope before the
election.
As added by P.L.5-1986, SEC.7. Amended by P.L.4-1991, SEC.107.
IC 3-11-13-20
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-11-13-21
Ballot cards to be used in primary election to be distinctively
marked or be of different color to distinguish party
Sec. 21. In a primary election, the ballot cards of each political
party must be distinctively marked or be of a different color so that
the ballot cards of each party are easily distinguishable.
As added by P.L.5-1986, SEC.7. Amended by P.L.199-2001, SEC.25.
IC 3-11-13-22
Automatic tabulating machines; testing
Sec. 22. (a) At least fourteen (14) days before election day, the
county election board of each county planning to use automatic
tabulating machines at the next election shall have the automatic
tabulating machines tested to ascertain that the machines will
correctly count the votes cast for all candidates and on all public
questions. Not later than seven (7) days after conducting the test
under this subsection, the county election board shall certify to the
election division that the test has been conducted in conformity with
this subsection.
(b) Public notice of the time and place shall be given at least
forty-eight (48) hours before the test. The notice shall be published
once in accordance with IC 5-3-1-4.
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.24;
P.L.176-1999, SEC.81; P.L.26-2000, SEC.16.
IC 3-11-13-23
Observation of machine tests; certification
Sec. 23. (a) The two (2) appointed members of the county election
board shall observe the test required by section 22 of this chapter and
certify the test as meeting the requirements of section 22 of this
chapter.
(b) A copy of the certification of the test conducted under section
22(b) of this chapter shall be filed with the election returns.
(c) The test must be open to representatives of political parties,
candidates, the media, and the public.
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.25;
P.L.2-1996, SEC.193; P.L.3-1997, SEC.321; P.L.176-1999, SEC.82;
P.L.26-2000, SEC.17; P.L.14-2004, SEC.132.
IC 3-11-13-24
Testing machines; requirements
Sec. 24. The test required by section 22 of this chapter must:
(1) be conducted by processing a preaudited group of ballot
cards marked so as to record a predetermined number of valid
votes for each candidate and on each public question; and
(2) include for each office one (1) or more ballot cards that have
votes in excess of the number allowed by law in order to test the
ability of the automatic tabulating machines to reject the votes.
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.26;
P.L.26-2000, SEC.18; P.L.221-2005, SEC.79.
IC 3-11-13-25
Testing machines; detection of error; determination of cause and
correction
Sec. 25. If an error is detected during the test required by section
22 of this chapter, the cause of the error shall be determined and
corrected, and an errorless count shall be made before the automatic
tabulating machines are approved.
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.27;
P.L.5-1988, SEC.9; P.L.26-2000, SEC.19.
IC 3-11-13-26
Sealing tabulating machines following completion of count
Sec. 26. After completion of the count, the tabulating machines
shall be sealed as provided in IC 3-12-3-10. The ballot cards and all
other election materials shall be sealed, retained, and disposed of as
provided for paper ballots.
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.28;
P.L.3-1987, SEC.309; P.L.176-1999, SEC.83; P.L.26-2000, SEC.20;
P.L.221-2005, SEC.80.
IC 3-11-13-26.5
Instructional displays
Sec. 26.5. (a) Each county election board may make available at
convenient places throughout the county ballot card voting systems
for the instruction of the voters. The board shall locate the systems
at places where people usually assemble, such as shopping centers.
The board shall have the systems attended at convenient hours
designated by the board by persons able to instruct others in their
use. The county chairmen of the major political parties of the state
must approve the persons attending the systems under this section.
(b) Each ballot card voting system used for instructional purposes
must contain the names of all candidates and a description of all
public questions as they will appear on the official sample ballot for
the system on election day. However, the system may not be set to
record a tally or total.
As added by P.L.3-1987, SEC.310. Amended by P.L.3-1993,
SEC.167.
IC 3-11-13-27
Determination of system readiness; certification
Sec. 27. (a) After the delivery of a ballot card voting system to a
precinct, the precinct election board may meet at the polls on the
same day and open the package containing the sample ballot cards,
to determine whether the system is ready for use in accordance with
section 16 of this chapter. If a ballot card voting system is not in
compliance with that section, the board shall immediately label, set
and adjust, and place the system in order or have it done.
(b) While acting under subsection (a), the precinct election board
may restrict access to parts of the room where marking devices and
other election material are being handled to safeguard this material.
(c) On the morning of election day, the precinct election officers
shall meet at the polls at least one (1) hour before the time for
opening the polls. The inspector then shall have:
(1) the boundaries of the chute designated;
(2) the sample ballots and instruction cards posted; and
(3) everything put in readiness for the commencement of voting
at the opening of the polls.
(d) Before the opening of the polls, the precinct election officers
shall do the following:
(1) Compare the ballot cards used in the marking device with
the sample ballots furnished and determine whether the names,
numbers, and letters are in agreement.
(2) Determine that the system records that zero (0) votes have
been cast for each candidate and on each public question.
(3) Assure that the system is otherwise in perfect order.
(e) The officers then shall certify that:
(1) the marking device and the sample ballots are in agreement;
(2) the system records zero (0) votes cast; and
(3) the system appears to be in perfect order.
Forms shall be provided for certification, and the certification shall
be filed with the election returns.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.311;
P.L.3-1997, SEC.322; P.L.221-2005, SEC.81.
IC 3-11-13-27.5
Opening and delivering ballots and marking devices
Sec. 27.5. At the opening of the polls, after the organization of
and in the presence of the precinct election board, the inspector shall:
(1) open the packages of ballot cards in a manner that preserves
the seals intact;
(2) deliver fifty (50) of each of the state and local ballots to the
poll clerk representing the opposite political party; and
(3) deliver to the other poll clerk a device for marking the
ballots.
As added by P.L.3-1987, SEC.312. Amended by P.L.176-1999,
SEC.84.
IC 3-11-13-28
Initial of poll clerks on ballot card
Sec. 28. (a) This section does not apply to a ballot card voted by
absentee ballot.
(b) The two (2) poll clerks of each precinct shall place their
initials in ink on the back of each ballot card at the time the card is
issued to a voter. The initials must be in the poll clerks' ordinary
handwriting or printing and without a distinguishing mark of any
kind.
(c) Except as provided in IC 3-12-1-12, a ballot card is not valid
unless it is initialed by both poll clerks.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.313;
P.L.3-1993, SEC.168; P.L.176-1999, SEC.85.
IC 3-11-13-28.5
Poll clerk initials on ballot cards; information for voters on effect
of casting multiple votes for single office; correction of ballot by
voter
Sec. 28.5. (a) Unless challenged, a voter may proceed to vote.
(b) As each successive voter calls for a ballot, the poll clerks shall
deliver to the voter the first initialed ballot of each type. The
inspector shall then deliver to the poll clerks another ballot of each
type, which the clerks shall initial as before.
(c) This subsection applies to an optical scan ballot card ballot
tabulated at a central location. As provided by 42 U.S.C. 15481,
when a voter receives an optical scan ballot card ballot, the board
must also provide the voter with:
(1) information concerning the effect of casting multiple votes
for an office; and
(2) instructions on how to correct the ballot before the ballot is
cast and counted, including the issuance of replacement ballots.
As added by P.L.3-1987, SEC.314. Amended by P.L.4-1996, SEC.70;
P.L.38-1999, SEC.48; P.L.176-1999, SEC.86; P.L.239-2001,
SEC.12; P.L.209-2003, SEC.158; P.L.221-2005, SEC.82;
P.L.164-2006, SEC.115.
IC 3-11-13-28.7
Poll clerk initials on secrecy envelopes; standards to define a vote
Sec. 28.7. (a) The two (2) poll clerks of each precinct shall place
their initials in ink on the secrecy envelope of a ballot card (or on the
fold-over part of a ballot card described in section 18(b)(1) of this
chapter) at the time the card is issued to a voter. The initials must be
in the poll clerk's ordinary handwriting or printing and without a
distinguishing mark of any kind.
(b) This subsection is enacted to comply with 42 U.S.C. 15481 by
establishing uniform and nondiscriminatory standards to define what
constitutes a vote on an optical scan voting system. A write-in vote
cast on a secrecy envelope or fold-over envelope:
(1) is not valid unless:
(A) the secrecy envelope is initialed by both poll clerks; and
(B) the vote includes both the name of the write-in candidate
and the office for which the write-in vote is cast; and
(2) makes the secrecy envelope or fold-over envelope a ballot
for purposes of this title.
As added by P.L.4-1991, SEC.108. Amended by P.L.3-1993,
SEC.169; P.L.3-1997, SEC.323; P.L.176-1999, SEC.87;
P.L.209-2003, SEC.159; P.L.221-2005, SEC.83.
IC 3-11-13-29
Instructions to voters; location of instructions; rights of voter in
casting ballot
Sec. 29. (a) In addition to the instructions printed on the ballot
card or ballot labels, instructions to voters shall be posted in each
voting booth or placed on the marking device. Each voter shall be
instructed by both judges, on request, on how to operate the voting
device before the voter enters the voting booth.
(b) The instructions posted in the voting booth or placed on the
marking device must state the following:
(1) That the voter should examine the ballot card to determine
if it contains the initials of the poll clerks in ink on the back of
the card.
(2) That the voter should not make an unnecessary mark on the
ballot card because the mark may void the card.
(3) That the voter should examine the ballot card to determine
if the card has any mark (other than the initials of the poll
clerks) before voting.
(4) That the voter should return the ballot card to the poll clerks
and request another ballot card if:
(A) the poll clerks' initials have not been properly placed on
the card;
(B) the card has a mark (other than the initials of the poll
clerks) before the voter places a voting mark on the ballot;
or
(C) the voter has improperly marked the card.
(5) That the voter should examine the ballot card after voting to
determine that all marks made on the card to indicate the voter's
selections have been completely marked.
(c) As provided by 42 U.S.C. 15481, a voter casting an optical
scan ballot card under this section must be:
(1) permitted to verify in a private and independent manner the
votes selected by the voter before the ballot is cast and counted;
(2) provided the opportunity to change the ballot or correct any
error in a private and independent manner before the ballot is
cast and counted, including the opportunity to receive a
replacement ballot if the voter is otherwise unable to change or
correct the ballot; and
(3) notified before the ballot is cast regarding the effect of
casting multiple votes for the office and provided an
opportunity to correct the ballot before the ballot is cast and
counted.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.315;
P.L.209-2003, SEC.160; P.L.221-2005, SEC.84; P.L.164-2006,
SEC.116.
IC 3-11-13-30
Instructions to voter
Sec. 30. When a voter is handed a ballot card, the voter shall be
instructed to:
(1) use only the marking device provided for marking the cards
and that the voter is not to mark a card in any other way;
(2) be certain that the initials of the poll clerks appear on the
voter's card and that if the initials are not on the card it will not
be counted, except as provided by IC 3-12-1-12; and
(3) place the voter's card in an envelope after the voter has
voted or to fold the card in a manner so that no card is exposed
upon which a choice is indicated.
As added by P.L.5-1986, SEC.7. Amended by P.L.176-1999, SEC.88;
P.L.221-2005, SEC.85.
IC 3-11-13-31
Assisting voter in determining proper initials on ballot card
Sec. 31. If necessary, a precinct election officer shall assist a voter
in determining if the proper initials appear on a ballot card.
As added by P.L.5-1986, SEC.7.
IC 3-11-13-31.5
Visual placement of voting booths
Sec. 31.5. (a) The exterior of a voting booth or compartment and
each area of the polls must be in plain view of the precinct election
board. Each voting booth or compartment shall be placed so that a
person voting on the opposite side of the railing or a person on the
outside of the polls cannot see or determine how a voter votes. The
inspector, judges, and poll clerks may not remain or allow any other
person to remain in a position or near a position that would permit
them to see or ascertain how a voter votes.
(b) Only one (1) voter may occupy a booth or compartment at one
time. Booths shall be constructed and arranged so that all members
of the precinct election board can see whether more than one (1)
voter enters a booth at any one time.
As added by P.L.3-1987, SEC.316.
IC 3-11-13-31.7
Voting procedure; standards to define a vote
Sec. 31.7. (a) This section is enacted to comply with 42 U.S.C.
15481 by establishing uniform and nondiscriminatory standards to
define what constitutes a vote on an optical scan voting system.
(b) After receiving ballot cards, a voter shall, without leaving the
room, go alone into one (1) of the booths or compartments that is
unoccupied and indicate:
(1) the candidates for whom the voter desires to vote by
marking the connectable arrows, circles, ovals, or squares
immediately beside:
(A) the candidates' names; or
(B) the numbers referring to the candidates; and
(2) the voter's preference on each public question by marking
the connectable arrow, oval, or square beside:
(A) the word "yes" or "no" under the question; or
(B) the number referring to the word "yes" or "no" on the
ballot.
(c) If an election is a general or municipal election and a voter
desires to vote for all the candidates of one (1) political party or
independent ticket (described in IC 3-11-2-6), the voter may mark:
(1) the circle enclosing the device; or
(2) the connectable arrow, circle, oval, or square described in
section 11 of this chapter;
that designates the candidates of that political party or independent
ticket (described in IC 3-11-2-6). The voter's vote shall then be
counted for all the candidates of that political party or included in the
independent ticket (described in IC 3-11-2-6). However, if the voter
marks the circle, arrow, oval, or square of an independent ticket
(described in IC 3-11-2-6), the vote shall not be counted for any other
independent candidate on the ballot.
As added by P.L.3-1987, SEC.317. Amended by P.L.3-1993,
SEC.170; P.L.176-1999, SEC.89; P.L.209-2003, SEC.161;
P.L.58-2005, SEC.20; P.L.221-2005, SEC.86.
IC 3-11-13-32
Additional instruction to voter after entering voting booth
Sec. 32. If a voter needs additional instruction after entering the
voting booth, the voter may request assistance from the two (2)
judges. The judges shall then approach but not enter the booth and
call out the additional instructions to the voter.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.318.
IC 3-11-13-32.5
Occupation of voting booth; time limits; refusal to leave
Sec. 32.5. (a) At a primary election, a voter may not remain in the
voting booth or compartment longer than three (3) minutes.
(b) At a general, municipal, or special election, a voter may not
remain in the voting booth or compartment longer than two (2)
minutes.
(c) If a voter refuses to leave a voting booth or compartment after
the lapse of the time provided under subsection (a) or (b), the
precinct election board, or the election sheriff or sheriffs upon the
order of the board, shall immediately remove the voter from the
booth or compartment.
As added by P.L.3-1987, SEC.319.
IC 3-11-13-32.8
Disclosure of vote by voter before its registration; effect
Sec. 32.8. If a voter shows the voter's ballot card or a part of the
card to another person after the card has been marked so as to
disclose any of the candidates voted for or how the voter voted on a
public question, the ballot card may not be deposited in a ballot box.
A record of the occurrence shall be made on the poll list, and the
voter may not vote again at the election.
As added by P.L.3-1987, SEC.320. Amended by P.L.10-1988,
SEC.121.
IC 3-11-13-33
Processing voted ballot; poll list entry of voting
Sec. 33. (a) After a voter has marked a ballot card, the voter shall
place it inside the envelope provided for this purpose or fold the
envelope described in section 18(b)(1) of this chapter and return the
ballot card to the judge.
(b) The judge shall offer to return the envelope with the ballot
card inside to the voter. The voter shall:
(1) accept the envelope and deposit it in the ballot box; or
(2) decline the envelope and require the judge to deposit it in
the ballot box.
(c) If a voter offers to vote a ballot card that is not inside the
envelope provided for this purpose or with the envelope not folded
if the ballot is described in section 18(b)(1) of this chapter, the
precinct election board shall direct the voter to return to the booth
and place the ballot card in the envelope provided for this purpose or
fold the envelope.
(d) After a voter's ballot cards have been deposited in the ballot
box, the poll clerks shall make a voting mark after the voter's name
on the poll list.
(e) After voting, a voter shall leave the polls. However, a voter to
whom ballot cards and a marking device have been delivered may
not leave the polls without voting the ballot cards or returning them
to the poll clerk from whom the voter received them.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.321;
P.L.4-1996, SEC.71; P.L.38-1999, SEC.49; P.L.176-1999, SEC.90;
P.L.239-2001, SEC.13; P.L.221-2005, SEC.87.
IC 3-11-13-34
Repealed
(Repealed by P.L.176-1999, SEC.134.)
IC 3-11-13-34.5
Repealed
(Repealed by P.L.176-1999, SEC.134.)
IC 3-11-13-35
Defaced or defective ballot cards
Sec. 35. If a voter spoils or defaces a ballot card or marks it
erroneously, the voter shall return the card so as not to disclose any
choices that the voter has made.
As added by P.L.5-1986, SEC.7. Amended by P.L.38-1999, SEC.52;
P.L.176-1999, SEC.91; P.L.239-2001, SEC.14; P.L.221-2005,
SEC.88.
IC 3-11-13-36
Securing marking devices on closing of polls
Sec. 36. As soon as the polls are closed, the inspector shall secure
the marking devices against further voting.
As added by P.L.5-1986, SEC.7.
IC 3-11-13-37
Confirmation of count
Sec. 37. If a petition is filed under section 38 of this chapter, the
county election board shall confirm that the votes cast in an election:
(1) for each candidate and each public question; and
(2) on a ballot card voting system in a precinct specified under
section 38 of this chapter;
were correctly counted by the system.
As added by P.L.6-1986, SEC.29. Amended by P.L.3-1987, SEC.322.
IC 3-11-13-38
Petition for confirmation of vote cast
Sec. 38. Each county chairman for either of the major parties in
the county may petition the county election board for confirmation
of the vote cast on a ballot card voting system no earlier than the
Saturday before an election and no later than the Thursday after an
election. The petition may specify not more than five percent (5%)
of the precincts or five (5) precincts, whichever is greater, in which
a ballot card voting system was used for an audit under section 37 of
this chapter.
As added by P.L.6-1986, SEC.30. Amended by P.L.3-1987, SEC.323.
IC 3-11-13-39
Audit requirement
Sec. 39. The county election board shall conduct an audit under
section 37 of this chapter by means of tests and procedures that are
approved by the commission and independent of the provider of the
ballot card voting system being audited.
As added by P.L.6-1986, SEC.31. Amended by P.L.3-1987, SEC.324;
P.L.2-1996, SEC.194.
IC 3-11-13-40
Certification of results of audit
Sec. 40. The county election board shall certify the results of an
audit under section 37 of this chapter not later than noon twelve (12)
days after the election. The certification must be on the form
prescribed by the commission. One (1) copy shall be filed with the
election returns, and one (1) copy must be delivered to the election
division.
As added by P.L.6-1986, SEC.32. Amended by P.L.2-1996, SEC.195;
P.L.3-1997, SEC.325.
IC 3-11-13-41
Notice of audit
Sec. 41. Public notice of the time and place of an audit under
section 37 of this chapter shall be given at least forty-eight (48) hours
before the audit. The notice shall be published once in accordance
with IC 5-3-1-4. However, if publication in accordance with
IC 5-3-1-4 will not allow the county election board to certify the
results of the audit within ten (10) days after the election, notice shall
be given by posting it:
(1) at or near the county courthouse; and
(2) at the post office serving the county courthouse.
As added by P.L.6-1986, SEC.33.
IC 3-11-13-42
Municipal election use of ballot card voting system
Sec. 42. If a county has procured ballot card voting systems for
use, the ballot card voting systems may be used at a municipal
election. If there are not sufficient ballot card voting systems on hand
for each precinct of the municipality, the county election board shall
determine in what precincts ballot card voting systems will be used
at the election.
As added by P.L.3-1987, SEC.325.
IC 3-11-13-43
Municipal elections where ballot card voting system supplied;
supplies; expenses
Sec. 43. (a) If ballot card voting systems are used in a municipal
election, the county election board shall furnish to the municipality:
(1) the requisite number of ballot card voting systems; and
(2) all the furniture and appliances that go with the ballot card
voting systems.
(b) However, the municipality shall pay the expenses of moving
the ballot card voting systems and furniture to and from the polls and
also for any damage or loss to the ballot card voting systems or
furniture.
As added by P.L.3-1987, SEC.326.
IC 3-11-13-44
Appointment of person to observe preparation of automatic
tabulating machines; term; duties; compensation
Sec. 44. (a) The county chairman of each major political party of
the county may appoint one (1) person to observe:
(1) the ordering and the setting and adjustment of automatic
tabulating machines under section 6 of this chapter;
(2) the testing of automatic tabulating machines under section
22 of this chapter; and
(3) the determination of the cause of and correction of errors in
the counting of ballot cards under section 25 of this chapter.
(b) The county chairman shall file the name of a person appointed
under this section with the circuit court clerk.
(c) A person appointed under this section serves until:
(1) the county chairman notifies the circuit court clerk that the
person's appointment has been revoked;
(2) the county chairman notifies the clerk that the person has
died; or
(3) the person files a letter of resignation with the clerk.
(d) A person appointed under subsection (a):
(1) may attend the ordering and the setting and the adjustment
of the automatic tabulating machines only as a witness;
(2) shall remain silent and subject to the orders of the board;
and
(3) may not obstruct or interfere with the ordering and setting
and adjustment of the automatic tabulating machines.
(e) A person appointed under subsection (a) is not entitled to
compensation for services except from the political party of the
county chairman making the appointment.
As added by P.L.5-1989, SEC.62.