CHAPTER 8. VOTING PROCEDURES GENERALLY
IC 3-11-8
Chapter 8. Voting Procedures Generally
IC 3-11-8-1
Application of chapter
Sec. 1. This chapter applies to each precinct.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-1.2
"Facility" and "accessible facility" defined; facility standards
Sec. 1.2. (a) As used in this section, "facility" refers to the facility
in which a polling place is located.
(b) For purposes of this chapter, a facility is an "accessible
facility" for elderly voters and voters with disabilities only if the
following apply:
(1) The facility meets the standards for accessibility for elderly
voters and voters with disabilities established under 42 U.S.C.
1973ee through 42 U.S.C. 1973ee-6.
(2) All the following are accessible to elderly voters and voters
with disabilities in a manner that provides the same opportunity
for access and participation (including privacy and
independence) as for other voters:
(A) Parking spaces marked and available to conform with
IC 5-16-9.
(B) The path to the facility that an individual must travel on
the property where the facility is located.
(C) The entrances of the facility to be used by voters.
(D) The paths of travel within the facility to the rooms or
areas where the voting systems are located.
(E) The rooms or areas in the facility where the voting
systems are located.
(c) The requirements of subsection (b) are satisfied if a facility
will comply with subsection (b) by implementing temporary
measures.
As added by P.L.116-2003, SEC.3.
IC 3-11-8-2
Voting in precinct of residence
Sec. 2. A voter shall vote at the polls for the precinct where the
voter resides except when authorized to vote in another precinct
under IC 3-10-10, IC 3-10-11, IC 3-10-12, or at a special voting poll
under section 6.5 of this chapter.
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.107;
P.L.4-1991, SEC.86; P.L.17-1993, SEC.13; P.L.12-1995, SEC.80;
P.L.116-2003, SEC.4.
IC 3-11-8-3
County executive secures voting polls; accessible facility
Sec. 3. (a) Before each election each county executive shall secure
for each precinct of the county an accessible facility in which to hold
the election.
(b) If an accessible facility is not available within the precinct,
then the polls may be located in another precinct in the county if the
polls are:
(1) either:
(A) not more than five (5) miles from the closest boundary
of the precinct for which it is the polls; or
(B) located in the same township as the precinct that does
not have an accessible facility available; and
(2) located in an accessible facility.
(c) If the county election board, by a unanimous vote of its entire
membership, determines that an accessible facility is not available
under subsection (b), the board may locate the polls in the most
convenient available accessible facility in the county.
(d) If the county election board, by unanimous vote of its entire
membership, determines that:
(1) an accessible facility is not available under subsection (b) or
(c); and
(2) the most convenient accessible facility is located in an
adjoining county;
the board may locate the polls in the facility described in subdivision
(2) with the unanimous consent of the entire membership of the
county election board of the county in which the facility is located.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.251;
P.L.3-1993, SEC.144; P.L.1-1994, SEC.5; P.L.2-1996, SEC.183;
P.L.3-1997, SEC.295; P.L.116-2003, SEC.5; P.L.230-2005, SEC.52.
IC 3-11-8-3.1
Designation of polls
Sec. 3.1. (a) A county executive shall designate the polls for each
precinct not less than twenty-nine (29) days before election day.
(b) The designation of a polling place under this section remains
in effect until:
(1) the location of the polling place is altered by an order of the
county executive or county election board under this chapter; or
(2) a precinct establishment order issued under IC 3-11-1.5:
(A) designates a new polling place location; or
(B) combines the existing precinct with another precinct
established by the order.
(c) The county executive shall then file the report required by
section 6.5 of this chapter concerning polls that are inaccessible to
voters with disabilities.
As added by P.L.13-1988, SEC.8. Amended by P.L.4-1991, SEC.87;
P.L.12-1995, SEC.81; P.L.3-1997, SEC.296; P.L.116-2003, SEC.6.
IC 3-11-8-3.2
Notice of location of polls; special polling places; change of location
of polls
Sec. 3.2. (a) A county executive shall give ten (10) days notice of
the place of voting in each precinct by publication in the manner
prescribed by IC 5-3-1-4. The notice must include the following
information:
(1) For each precinct, whether the polls are located in an
accessible facility.
(2) If special polling places are designated under section 6.5 of
this chapter:
(A) the location of each special polling place; and
(B) the procedures for elderly voters and voters with
disabilities to apply to vote at a special polling place.
(b) If it is necessary to change a place for voting after giving
notice, notice of the change shall be given in the same manner.
However, except as provided in subsection (c), a change may not be
made within two (2) days before an election.
(c) If the county election board determines by a unanimous vote
of the board's entire membership that the use of a polling place at an
election would be dangerous or impossible, the county election board
may order the relocation of the polling place during the final two (2)
days before an election. The county election board shall give the best
possible notice of this change to news media and the voters of the
precinct. If an order is adopted under this subsection, the order
expires after the election.
As added by P.L.13-1988, SEC.9. Amended by P.L.3-1993, SEC.145;
P.L.116-2003, SEC.7.
IC 3-11-8-3.4
County applications to Secretary of Health and Human Services to
make polling places accessible and provide information to voters
with disabilities
Sec. 3.4. (a) As authorized under 42 U.S.C. 15421, a county
election board may apply on behalf of a county to the Secretary of
Health and Human Services for payments under HAVA (42 U.S.C.
15421 through 15425) to do the following:
(1) Make polling places (including the path of travel, entrances,
exits, and voting areas of each polling place) more accessible to
individuals with disabilities, including the blind and visually
impaired, in a manner that provides the same opportunity for
access and participation (including privacy and independence)
as other voters.
(2) Provide individuals with disabilities and other individuals
described in subdivision (1) with information about the
accessibility of polling places, including outreach programs to
inform the individuals about the availability of accessible
polling places and training election officials, poll workers, and
election volunteers on how best to promote the access and
participation of individuals with disabilities in elections.
(b) If a county election board submits an application under
subsection (a), the application must:
(1) comply with 42 U.S.C. 15423; and
(2) be filed with the election division not later than the
submission of the application under subsection (a).
(c) If a county election board receives payments from the
Secretary of Health and Human Services under 42 U.S.C. 15421
through 15425, the payments shall be deposited in the county general
fund and appropriated to the county election board for the purposes
described in the application. The county election board shall spend
the money for the purposes described in the application.
(d) As required by 42 U.S.C. 15425, the county election board
shall file a report with the Secretary of Health and Human Services
regarding the activities conducted with these funds and the
expenditures made with respect to the categories listed in subsection
(a)(1) and (a)(2). The county election board shall file a copy of the
report with the election division and the state board of accounts not
later than the date the report is submitted under this subsection.
As added by P.L.209-2003, SEC.128.
IC 3-11-8-4
Public buildings to be available for holding election
Sec. 4. School buildings, fire stations, and all other public
buildings shall be made available without charge to a county for
holding an election. The county may not be required to sign any
agreement assuming liability as a precondition for use of the public
building.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1997, SEC.297.
IC 3-11-8-4.1
Location of polls; one place per precinct
Sec. 4.1. The polls for each precinct may be located in only one
(1) place.
As added by P.L.13-1988, SEC.10.
IC 3-11-8-4.2
Repealed
(Repealed by P.L.116-2003, SEC.11.)
IC 3-11-8-4.3
Location of polls in adjoining precinct
Sec. 4.3. (a) If the county election board adopts an order by the
unanimous vote of the entire membership of the board, the county
executive may locate the polls for the precinct at the polls for an
adjoining precinct, using the precinct election board of the adjoining
precinct.
(b) An order adopted under this section expires December 31 after
the date the order was adopted.
(c) If a precinct election board administers more than one (1)
precinct under this section, the board shall keep the ballots cast in
each precinct separate from ballots cast in any other precinct, so that
the votes cast for each candidate and on each public question in each
of the precincts administered by the board may be determined.
As added by P.L.13-1988, SEC.12. Amended by P.L.5-1989, SEC.53;
P.L.12-1995, SEC.82; P.L.14-2004, SEC.115; P.L.230-2005,
SEC.53.
IC 3-11-8-5
Election not to be held in room where alcoholic beverages kept or
sold
Sec. 5. An election may not be held in a room in which alcoholic
beverages are kept or sold.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-6
Requirement to locate polls in accessible facility
Sec. 6. Except as provided in section 6.5 of this chapter, the
county executive shall locate the polls for each precinct in an
accessible facility.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.252;
P.L.10-1988, SEC.108; P.L.4-1991, SEC.88; P.L.2-1996, SEC.184;
P.L.3-1997, SEC.298; P.L.38-1999, SEC.42; P.L.116-2003, SEC.8.
IC 3-11-8-6.5
Report of accessible polling places; designation of special polling
places
Sec. 6.5. (a) Not later than twenty-nine (29) days before election
day, the county executive shall file a report with the co-directors of
the election division listing each precinct of the county for which the
county executive was unable to secure an accessible facility for
election day. The report must include any other information required
by the co-directors.
(b) If the co-directors determine that there are no accessible
facilities the county executive can secure for a precinct polling place,
the co-directors shall authorize the county executive to designate at
least one (1) special polling place in the county.
(c) A special polling place must:
(1) be located in an accessible facility; and
(2) operate under all other requirements for precincts and polls
under this title.
(d) A precinct polling place located in an accessible facility may
be used as a special polling place for the county under subsection (c).
(e) The circuit court clerk shall assign a special polling place to
an elderly voter or a voter with disabilities:
(1) whose regular precinct polling place is not located in an
accessible facility; and
(2) who submits an application on a form prescribed by the
commission not later than ten (10) days before election day.
Applications may be submitted under subdivision (2) by mail or in
person at the circuit court clerk's office.
(f) The precinct election board at a special polling place shall do
the following:
(1) Provide each elderly voter or voter with disabilities assigned
to the special polling place under subsection (e) a ballot that
includes all offices and public questions to be voted for in the
voter's precinct of residence.
(2) Prepare a separate poll list for the elderly voters and the
voters with disabilities assigned to the special polling place.
(g) Votes cast at a special polling place shall be counted and
reported in the same manner as votes cast at a precinct under this
title.
As added by P.L.116-2003, SEC.9.
IC 3-11-8-7
Preparation of polls for election
Sec. 7. In preparing the polls for an election, the county executive
shall:
(1) have placed within the room a railing separating the part of
the room to be occupied by the precinct election board from that
part of the room to be occupied by the ballot card voting
systems, electronic voting systems, and the three (3) or more
booths or compartments for marking paper ballots, whenever
either or two (2) of these voting systems are used;
(2) ensure that the portion of the room set apart for the precinct
election board includes a door at which each voter appears for
challenge; and
(3) provide a method or material for designating the boundaries
of the chute, such as a railing, rope, or wire on each side,
beginning a distance equal to the length of the chute (as defined
in IC 3-5-2-10) away from and leading to the door for challenge
and to the room in which the election is held.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.253;
P.L.69-2003, SEC.4; P.L.221-2005, SEC.65.
IC 3-11-8-8
Poll time on election day
Sec. 8. The polls in each precinct open at 6 a.m. and close at 6
p.m. on election day.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-9
Proclamation of opening and closing of polls
Sec. 9. The inspector of each precinct shall proclaim the opening
and closing of the polls to the people outside the polls in a loud tone
of voice.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-10
Precinct record to be made by poll clerks; contents
Sec. 10. The poll clerks of each precinct shall make a record of:
(1) the inspector's proclamation of the closing of the polls; and
(2) the time the proclamation was made.
The poll clerks shall enter the record required by this section on the
tally papers. After the record has been made no more voters may vote
except as provided in section 11 of this chapter.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-10.5
Recording name of voters who sign poll list; requirements
Sec. 10.5. A poll clerk may record the names of individuals who
have signed the poll list and make that record available to a watcher
or pollbook holder who requests the information. However, the poll
clerk must ensure that:
(1) a voter is not delayed in casting the voter's votes as a result
of the preparation of the record, or by providing the
information; and
(2) the poll clerk does not engage in electioneering (as defined
under IC 3-14-3-16) in providing this information.
As added by P.L.9-2004, SEC.18.
IC 3-11-8-11
Closing of polls; persons permitted to vote; extension of voting
hours by order; provisional ballots
Sec. 11. (a) When the hour for closing the polls occurs, the
precinct election board shall permit all voters who:
(1) have passed the challengers and who are waiting to
announce their names to the poll clerks for the purpose of
signing the poll list;
(2) have signed the poll list but who have not voted; or
(3) are in the act of voting;
to vote. In addition, the inspector shall require all voters who have
not yet passed the challengers to line up in single file within the
chute. The poll clerks shall record the names of the voters in the
chute, and these voters may vote unless otherwise prevented
according to law.
(b) This subsection applies if a court order (or other order) has
been issued to extend the hours that the polls are open under section
8 of this chapter. As provided in 42 U.S.C. 15482, the inspector shall
identify the voters who would not otherwise be eligible to vote after
the closing of the polls under subsection (a) and shall provide a
provisional ballot to the voters in accordance with IC 3-11.7.
As added by P.L.5-1986, SEC.7. Amended by P.L.209-2003,
SEC.129; P.L.221-2005, SEC.66.
IC 3-11-8-12
No adjournment or recess after opening of polls until closed
Sec. 12. After the opening of the polls, there may be no
adjournment or recess until after the polls have been closed and the
inspector is ready to leave with the ballot box and other documents
and papers to be delivered to the circuit court clerk.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.254.
IC 3-11-8-13
Restrictions on inspector, judge, or poll clerk of precinct after
closing of polls
Sec. 13. An inspector, judge, or poll clerk of a precinct may not
vote after the polls have closed nor make a statement concerning the
result of the election before the closing of the polls.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-14
Reading of IC 3-14-4-7 to precinct election board; oath
Sec. 14. At the opening of the polls, the inspector of each precinct
shall read IC 3-14-4-7 to the precinct election board. Each member
of the board shall take an oath that the member has not violated and
will not violate IC 3-14-4-7.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-15
Persons permitted at polls during elections; simulated elections
Sec. 15. (a) Only the following persons are permitted in the polls
during an election:
(1) Members of a precinct election board.
(2) Poll clerks and assistant poll clerks.
(3) Election sheriffs.
(4) Deputy election commissioners.
(5) Pollbook holders and challengers.
(6) Watchers.
(7) Voters for the purposes of voting.
(8) Minor children accompanying voters as provided under
IC 3-11-11-8.
(9) An assistant to a precinct election officer appointed under
IC 3-6-6-39.
(10) An individual authorized to assist a voter in accordance
with IC 3-11-9.
(11) A member of a county election board, acting on behalf of
the board.
(12) A mechanic authorized to act on behalf of a county
election board to repair a voting system (if the mechanic bears
credentials signed by each member of the board).
(13) Either of the following who have been issued credentials
signed by the members of the county election board:
(A) The county chairman of a political party.
(B) The county vice chairman of a political party.
(14) The secretary of state, as chief election officer of the state,
unless the individual serving as secretary of state is a candidate
for nomination or election to an office at the election.
(b) This subsection applies to a simulated election for minors
conducted with the authorization of the county election board. An
individual participating in the simulated election may be in the polls
for the purpose of voting. A person supervising the simulated
election may be in the polls to perform the supervision.
(c) The inspector of a precinct has authority over all simulated
election activities conducted under subsection (b) and shall ensure
that the simulated election activities do not interfere with the election
conducted in that polling place.
As added by P.L.5-1986, SEC.7. Amended by P.L.4-1991, SEC.89;
P.L.3-1993, SEC.146; P.L.38-1999, SEC.43; P.L.66-2003, SEC.40;
P.L.209-2003, SEC.130; P.L.97-2004, SEC.8; P.L.14-2004,
SEC.116; P.L.230-2005, SEC.54.
IC 3-11-8-16
Only voters permitted near entrance to the polls
Sec. 16. A person may not remain within a distance equal to the
length of the chute (as defined in IC 3-5-2-10) of the entrance to the
polls except for the purpose of offering to vote.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1993, SEC.147;
P.L.3-1997, SEC.299; P.L.2-1998, SEC.7; P.L.38-1999, SEC.44;
P.L.69-2003, SEC.5; P.L.230-2005, SEC.55.
IC 3-11-8-17
Number of voters to be admitted to polls at one time
Sec. 17. In a precinct for which assistant poll clerks are provided,
as many as six (6) voters may be admitted to the polls at one time for
the purpose of voting. If there are no assistant poll clerks, no more
than three (3) voters may be admitted to the polls at any one time.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-18
Voter not to converse with any person except precinct election
board member
Sec. 18. A voter or person offering to vote may not converse or
communicate with a person other than a member of the precinct
election board while at the polls.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-19
Approach and entry to chute; announcement of voter's name to
challengers
Sec. 19. Voters shall approach and enter the chute in the order in
which they appear for the purpose of voting. A voter shall
immediately announce the voter's full and true name to the
challengers.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-20
Challenge of voter; reduction of challenge to affidavit form
Sec. 20. If a voter offering to vote is challenged by a challenger
or by a member of the precinct election board, the person challenging
the voter shall reduce the challenge to affidavit form, setting forth
succinctly the reasons for the challenge.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-21
Challenge of voter; challenger's affidavit
Sec. 21. The affidavit of challenge prescribed by section 20 of this
chapter must set forth under oath or affirmation the following:
(1) The name of the challenger.
(2) The name of the person being challenged.
(3) The reasons the challenger believes the person being
challenged is not a legal voter in the precinct.
(4) The source of the information provided under subdivision
(3).
(5) A statement that the challenger understands that making a
false statement on the affidavit is punishable under the penalties
of perjury.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.103.
IC 3-11-8-22
Repealed
(Repealed by P.L.164-2006, SEC.142.)
IC 3-11-8-22.1
Challenge of voter; provisional ballot
Sec. 22.1. (a) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the precinct;
and
(2) who produces a certificate of error issued under IC 3-7-48-1.
If the voter is not challenged under IC 3-10-1 or this chapter, the
voter shall be provided with a regular official ballot. However, as
provided by IC 3-7-48-1(b), if the voter is challenged under
IC 3-10-1 or this chapter, the voter must cast a provisional ballot
after complying with IC 3-7-48-7.5 if the voter wishes to cast a
ballot.
(b) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the precinct;
and
(2) who makes an oral or a written affirmation in compliance
with IC 3-7-48-5 that the voter continues to reside in the
precinct at the address shown as the voter's former residence in
the voter registration record.
If the voter is not challenged under IC 3-10-1 or this chapter, the
voter shall be provided with a regular official ballot. However, as
provided by IC 3-7-48-7.5, if the voter is challenged under IC 3-10-1
or this chapter, the voter must cast a provisional ballot after
complying with IC 3-7-48-7.5 if the voter wishes to cast a ballot.
(c) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the precinct;
and
(2) who produces a registration receipt that complies with
IC 3-7-48-7.
If the county election board provides the precinct election board with
the information required under IC 3-7-48-7(a)(2) and the voter is not
challenged under IC 3-10-1 or this chapter, the voter shall be
provided with a regular official ballot. However, as provided by
IC 3-7-48-7.5, if the voter is challenged under IC 3-10-1 or this
chapter, the voter must cast a provisional ballot after complying with
IC 3-7-48-7.5 if the voter wishes to cast a ballot.
(d) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the precinct;
and
(2) who is not described by subsection (a), (b), or (c).
If the voter is challenged under IC 3-10-1 or this chapter, the voter
shall be provided with a provisional ballot under IC 3-11.7 instead of
a regular official ballot if the voter wishes to cast a ballot. The voter
may proceed to cast a provisional ballot after executing a challenged
voter's affidavit under section 23 of this chapter if the voter wishes
to cast a ballot.
(e) This subsection applies to a voter:
(1) whose name appears on the poll list for the precinct; and
(2) who no longer resides in the precinct but is entitled to vote
at the precinct under IC 3-10-10, IC 3-10-11, or IC 3-10-12.
If the voter executes an affidavit in compliance with IC 3-10-10,
IC 3-10-11, or IC 3-10-12 and the voter is not challenged under
IC 3-10-1 or this chapter, the voter shall be provided with a regular
official ballot. However, as provided by IC 3-10-10-9,
IC 3-10-11-4.5, or IC 3-10-12-5, if the voter is challenged under
IC 3-10-1 or this chapter, the voter must cast a provisional ballot if
the voter wishes to cast a ballot.
(f) This subsection applies to a voter:
(1) whose name appears on the poll list for the precinct; and
(2) who is not described in subsection (e).
If the voter is challenged under IC 3-10-1 or this chapter, the voter
shall be provided with a provisional ballot under IC 3-11.7 rather
than a regular official ballot if the voter wishes to cast a vote. The
voter may proceed to cast a provisional ballot after executing a
challenged voter's affidavit under section 23 of this chapter if the
voter wishes to cast a ballot.
As added by P.L.164-2006, SEC.97.
IC 3-11-8-23
Challenge of voter; challenged voter's affidavit; when affidavit not
required
Sec. 23. (a) If a challenged voter has already made an affirmation
or executed an affidavit under IC 3-7-48-7.5, IC 3-10-10-9,
IC 3-10-11-4.5, or IC 3-10-12-5, the challenged voter is not required
to execute an additional affidavit under this section.
(b) The affidavit of a challenged voter required by section 22.1 of
this chapter must be sworn and affirmed and must contain the
following:
(1) A statement that the voter is a citizen of the United States.
(2) The voter's date of birth to the best of the voter's information
and belief.
(3) A statement that the voter has been a resident of the precinct
for thirty (30) days immediately before this election or is
qualified to vote in the precinct under IC 3-10-10, IC 3-10-11,
or IC 3-10-12.
(4) The voter's name and a statement that the voter is generally
known by that name.
(5) A statement that the voter has not voted and will not vote in
any other precinct in this election.
(6) The voter's occupation.
(7) The voter's current residential address, including the street
or number, and if applicable, the voter's residential address
thirty (30) days before the election, and the date the voter
moved.
(8) A statement that the voter understands that making a false
statement on the affidavit is punishable under the penalties of
perjury.
(9) If the individual's name does not appear on the registration
list, a statement that the individual registered to vote and where
the individual believes the individual registered to vote during
the registration period described by:
(A) IC 3-7-13-10; or
(B) IC 3-7-36-11, if the voter registered under that section.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.255;
P.L.10-1988, SEC.110; P.L.4-1991, SEC.91; P.L.17-1993, SEC.15;
P.L.12-1995, SEC.84; P.L.3-1995, SEC.104; P.L.126-2002, SEC.60;
P.L.209-2003, SEC.132; P.L.164-2006, SEC.98.
IC 3-11-8-23.5
Challenged voter casting provisional ballot; affidavit
Sec. 23.5. In accordance with 42 U.S.C. 15482, a voter challenged
under section 21 of this chapter is entitled to cast a provisional ballot
under IC 3-11.7 after executing the affidavit under section 23 of this
chapter.
As added by P.L.209-2003, SEC.133. Amended by P.L.164-2006,
SEC.99.
IC 3-11-8-24
Repealed
(Repealed by P.L.4-1991, SEC.147.)
IC 3-11-8-25
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-8-25.1
Admittance of voter to polls; proof of identification; procedure
Sec. 25.1. (a) Except as provided in subsection (e), a voter who
desires to vote an official ballot at an election shall provide proof of
identification.
(b) Except as provided in subsection (e), before the voter proceeds
to vote in the election, a precinct election officer shall ask the voter
to provide proof of identification. The voter shall produce the proof
of identification before being permitted to sign the poll list.
(c) If:
(1) the voter is unable or declines to present the proof of
identification; or
(2) a member of the precinct election board determines that the
proof of identification provided by the voter does not qualify as
proof of identification under IC 3-5-2-40.5;
a member of the precinct election board shall challenge the voter as
prescribed by this chapter.
(d) If the voter executes a challenged voter's affidavit under
section 22.1 of this chapter, the voter may:
(1) sign the poll list; and
(2) receive a provisional ballot.
(e) A voter who votes in person at a precinct polling place that is
located at a state licensed care facility where the voter resides is not
required to provide proof of identification before voting in an
election.
(f) After a voter has passed the challengers or has been sworn in,
the voter shall be instructed by a member of the precinct election
board to proceed to the location where the poll clerks are stationed.
The voter shall announce the voter's name to the poll clerks or
assistant poll clerks. A poll clerk, an assistant poll clerk, or a member
of the precinct election board shall require the voter to write the
following on the poll list:
(1) The voter's name.
(2) Except as provided in subsection (k), the voter's current
residence address.
(g) The poll clerk, an assistant poll clerk, or a member of the
precinct election board shall:
(1) ask the voter to provide or update the voter's voter
identification number;
(2) tell the voter the number the voter may use as a voter
identification number; and
(3) explain to the voter that the voter is not required to provide
or update a voter identification number at the polls.
(h) The poll clerk, an assistant poll clerk, or a member of the
precinct election board shall ask the voter to provide proof of
identification.
(i) In case of doubt concerning a voter's identity, the precinct
election board shall compare the voter's signature with the signature
on the affidavit of registration or any certified copy of the signature
provided under IC 3-7-29. If the board determines that the voter's
signature is authentic, the voter may then vote. If either poll clerk
doubts the voter's identity following comparison of the signatures,
the poll clerk shall challenge the voter in the manner prescribed by
section 21 of this chapter.
(j) If, in a precinct governed by subsection (g):
(1) the poll clerk does not execute a challenger's affidavit; or
(2) the voter executes a challenged voter's affidavit under
section 22.1 of this chapter or executed the affidavit before
signing the poll list;
the voter may then vote.
(k) Each line on a poll list sheet provided to take a voter's current
address must include a box under the heading "Address Unchanged"
so that a voter whose residence address shown on the poll list is the
voter's current residence address may check the box instead of
writing the voter's current residence address on the poll list.
As added by P.L.209-2003, SEC.135. Amended by P.L.2-2004,
SEC.3; P.L.109-2005, SEC.4; P.L.164-2006, SEC.100; P.L.53-2009,
SEC.2.
IC 3-11-8-25.2
Additional documentation before voting; procedure; use of
provisional ballot without documentation
Sec. 25.2. (a) The poll clerk or assistant poll clerk shall examine
the list provided under IC 3-7-29-1 to determine if the county
election board has indicated that the voter is required to provide
additional personal identification under 42 U.S.C. 15483 and
IC 3-7-33-4.5 before voting in person. If the list (or a certification
concerning absentee voters under IC 3-11-10-12) indicates that the
voter is required to present this identification before voting in person,
the poll clerk shall advise the voter that the voter must present, in
addition to the proof of identification required by section 25.1(a) of
this chapter, a piece of identification described in subsection (b) to
the poll clerk.
(b) As required by 42 U.S.C. 15483, and in addition to the proof
of identification required by section 25.1(a) of this chapter, a voter
described by IC 3-7-33-4.5 who has not complied with IC 3-7-33-4.5
before appearing at the polls on election day must present one (1) of
the following documents to the poll clerk:
(1) A current and valid photo identification.
(2) A current utility bill, bank statement, government check,
paycheck, or government document that shows the name and
address of the voter.
(c) If a voter presents a document under subsection (b), the poll
clerk shall add a notation to the list indicating the type of document
presented by the voter. The election division shall prescribe a
standardized coding system to classify documents presented under
this subsection for entry into the county voter registration system.
(d) If a voter required to present documentation under subsection
(b) is unable to present the documentation to the poll clerk while
present in the polls, the poll clerk shall notify the precinct election
board. The board shall provide a provisional ballot to the voter under
IC 3-11.7-2.
(e) The precinct election board shall advise the voter that the voter
may file a copy of the documentation with the county voter
registration office to permit the provisional ballot to be counted
under IC 3-11.7.
As added by P.L.14-2004, SEC.117. Amended by P.L.109-2005,
SEC.5; P.L.164-2006, SEC.101.
IC 3-11-8-25.5
Voter who leaves poll without casting ballot
Sec. 25.5. If an individual signs the individual's name and either:
(1) signs the individual's address; or
(2) checks the "Address Unchanged" box;
on the poll list under section 25.1 of this chapter and then leaves the
polls without casting a ballot or after casting a provisional ballot, the
voter may not be permitted to reenter the polls to cast a ballot at the
election.
As added by P.L.3-1997, SEC.300. Amended by P.L.209-2003,
SEC.136; P.L.2-2004, SEC.4; P.L.109-2005, SEC.6; P.L.164-2006,
SEC.102.
IC 3-11-8-25.7
Procedure for voting by member of the military or public safety
officer called to duty while waiting to vote
Sec. 25.7. (a) This section applies only to a voter who is a member
of the military or public safety officer.
(b) Notwithstanding section 25.5 of this chapter, if a voter signs
the voter's name and either:
(1) writes the voter's address; or
(2) checks the "Address Unchanged" box;
on the poll list under section 25.1 of this chapter and then leaves the
polls without casting a ballot or after casting a provisional ballot, the
voter may reenter the polls to cast a ballot at the election as provided
in this section.
(c) A voter who leaves the polls to respond to an emergency in the
voter's capacity as a member of the military or public safety officer
must notify a precinct election officer that the voter is leaving the
polls to respond to an emergency in the voter's capacity as a member
of the military or public safety officer.
(d) A poll clerk or assistant poll clerk shall make a notation on the
poll list with the voter's name indicating that the voter has left the
polls as permitted by this section and the time the voter left the polls.
(e) If the voter returns to the polls, the voter shall be permitted to
vote if the voter executes an affidavit stating all of the following:
(1) The name of the voter.
(2) That the voter is a member of the military or public safety
officer.
(3) The military or public safety position the voter holds.
(4) That after the voter signed the poll list, but before the voter
voted, the voter was called to respond to an emergency in the
voter's capacity as a member of the military or public safety
officer.
(5) A brief description of the emergency to which the voter
responded.
(6) The time at which the voter returned to the polls.
(f) The commission shall prescribe the form of the affidavit
required by this section.
As added by P.L.120-2009, SEC.7.
IC 3-11-8-26
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-8-26.1
Procedure for voter who cannot sign name and address or who has
disability related difficulty
Sec. 26.1. (a) If a voter:
(1) cannot sign; or
(2) is a voter with a disability that makes it difficult for the
voter to sign;
the voter's name and address, the poll clerks shall, by proper
interrogation, satisfy themselves that the voter is the person the voter
represents the voter to be.
(b) If satisfied as to the voter's identity under subsection (a), one
(1) of the poll clerks shall then place the following on the poll list:
(1) The voter's name.
(2) Except as provided in subsection (e), the voter's current
residence address.
(c) The poll clerks shall:
(1) ask the voter to provide or update the voter's voter
identification number;
(2) tell the voter the number the voter may use as a voter
identification number; and
(3) explain to the voter that the voter is not required to provide
or update a voter identification number at the polls.
(d) The poll clerk shall then add the clerk's initials in parentheses,
after or under the signature. The voter then may vote.
(e) Each line on a poll list sheet provided to take a voter's current
residence address must include a box under the heading "Address
Unchanged" so that the poll clerk may check the box to indicate that
the residence address shown on the poll list is the voter's current
residence address instead of writing the voter's current residence
address on the poll list.
As added by P.L.209-2003, SEC.138. Amended by P.L.2-2004,
SEC.5; P.L.164-2006, SEC.103.
IC 3-11-8-27
Challenge of voter by precinct election board member
Sec. 27. If a member of a precinct election board is not satisfied
that a person who offers to vote is the person who the person
represents the person to be, the member may challenge the person
and the person may vote only if the person signs the affidavit
required to be signed by voters who are challenged under section 20
of this chapter.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-27.5
Challenged voter entitled to cast provisional ballot
Sec. 27.5. In accordance with 42 U.S.C. 15482, a voter challenged
under section 27 of this chapter is entitled to cast a provisional ballot
under IC 3-11.7 after executing the affidavit under section 23 of this
chapter.
As added by P.L.209-2003, SEC.139. Amended by P.L.164-2006,
SEC.104.
IC 3-11-8-28
Repealed
(Repealed by P.L.230-2005, SEC.91.)
IC 3-11-8-29
Poll list; precinct election board's copy
Sec. 29. (a) This section does not apply to a list kept by a poll
clerk under section 10.5 of this chapter.
(b) A precinct election board may not keep a poll list other than
the poll list required by section 25.1 of this chapter.
As added by P.L.5-1986, SEC.7. Amended by P.L.109-2005, SEC.7;
P.L.164-2006, SEC.105.
IC 3-11-8-30
Poll list; return to circuit court clerk; preservation
Sec. 30. Each inspector shall return the poll lists, together with the
oaths of the precinct election board members, in a sealed envelope
separate from all other precinct election returns to the circuit court
clerk. The clerk shall preserve the poll lists for the period required by
IC 3-10-1-31 or IC 3-10-1-31.1.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1993, SEC.148;
P.L.14-2004, SEC.119.
IC 3-11-8-31
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-11-8-32
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-11-8-33
Repealed
(Repealed by P.L.4-1988, SEC.3.)