CHAPTER 2. VOTE FRAUD
IC 3-14-2
Chapter 2. Vote Fraud
IC 3-14-2-1
Fraudulent application for registration or absentee ballot;
fraudulent voting
Sec. 1. A person who knowingly does any of the following
commits a Class D felony:
(1) Conspires with an individual for the purpose of encouraging
the individual to submit a false application for registration.
(2) Conspires with an individual for the purpose of encouraging
the individual to vote illegally.
(3) Pays or offers to pay an individual for doing any of the
following:
(A) Applying for an absentee ballot.
(B) Casting an absentee ballot.
(C) Registering to vote.
(D) Voting.
(4) Accepts the payment of any property for doing any of the
following:
(A) Applying for an absentee ballot.
(B) Casting an absentee ballot.
(C) Registering to vote.
(D) Voting.
As added by P.L.5-1986, SEC.10. Amended by P.L.103-2005,
SEC.21.
IC 3-14-2-2
Fraudulent application for registration or procurement of
registration
Sec. 2. A person who, knowing the person is not a voter and will
not be a voter at the next election, applies for registration or procures
registration as a voter commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-2.5
Solicitation for fraudulent absentee ballot application
Sec. 2.5. A person who does either of the following, knowing that
an individual is ineligible to register to vote or to vote, commits
absentee ballot fraud, a Class D felony:
(1) Solicits the individual to complete an absentee ballot
application.
(2) Solicits the individual to submit an absentee ballot
application to a county election board.
As added by P.L.103-2005, SEC.22.
IC 3-14-2-3
Fraudulent subscription of another person's name to affidavit of
registration or absentee ballot application
Sec. 3. A person who:
(1) subscribes the name of another person to an affidavit of
registration or application for an absentee ballot knowing that
the application contains a false statement; or
(2) subscribes the name of another person to an affidavit of
registration or application for an absentee ballot without writing
on it the person's own name and address as an attesting witness;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.103-2005,
SEC.23.
IC 3-14-2-4
Registering to vote more than once
Sec. 4. A person who recklessly registers or offers to register to
vote more than once commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-5
Destruction or failure to file or deliver registration form or
absentee ballot application after execution
Sec. 5. (a) A person who recklessly destroys or fails to deliver an
absentee ballot application to the proper officer after the application
has been executed by another individual in accordance with
IC 3-11-4 commits a Class A misdemeanor.
(b) A person who recklessly destroys or fails to file or deliver to
the proper officer a registration affidavit or form of registration after
the affidavit or form has been executed commits a Class A
misdemeanor.
As added by P.L.5-1986, SEC.10. Amended by P.L.103-2005,
SEC.24.
IC 3-14-2-6
Unauthorized release or removal of registration materials or
information
Sec. 6. A person who knowingly, intentionally, or recklessly
releases or removes any registration materials or information
contained in the computerized list maintained under IC 3-7-26.3 from
the county voter registration office, except when release or removal
is necessary:
(1) to comply with IC 3-7; or
(2) for the destruction of the materials under IC 5-15-6;
commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.87;
P.L.4-1996, SEC.87; P.L.209-2003, SEC.192; P.L.164-2006,
SEC.131.
IC 3-14-2-7
Withholding information or furnishing false information to poll
taker; return of false names or names of deceased persons
Sec. 7. A person who knowingly:
(1) upon the demand of a poll taker, withholds any information
from the poll taker with regard to the qualifications of a voter
or person not entitled to vote;
(2) furnishes to a poll taker any false information with regard to
the qualifications of any person for voting; or
(3) returns to the poll taker as voters any false names or the
names of any persons who are dead or are not voters;
commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-8
Return of names of ineligible, fictitious, or deceased persons by poll
taker
Sec. 8. A poll taker who knowingly returns:
(1) the name of a person who is not entitled to vote in the
precinct for which the poll is taken at the next election;
(2) a fictitious name; or
(3) the name of a dead person;
commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-9
Unregistered or unauthorized voting
Sec. 9. A person who knowingly votes or offers to vote at an
election when the person is not registered or authorized to vote
commits a Class D felony.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-10
Voting by ineligible persons
Sec. 10. A person who recklessly votes at an election, unless the
person is a registered voter under the requirements of IC 3-7 at the
time of the election, commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-11
Voting in other precincts
Sec. 11. Except as provided by IC 3-10-10, IC 3-10-11, or
IC 3-10-12, a person who knowingly votes or offers to vote in a
precinct except the one in which the person is registered and resides
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.466;
P.L.10-1988, SEC.208; P.L.17-1993, SEC.17; P.L.12-1995, SEC.88.
IC 3-14-2-12
Voting or applying to vote in false name and own name
Sec. 12. A person who:
(1) knowingly votes or makes application to vote in an election
in a name other than the person's own; or
(2) having voted once at an election, knowingly applies to vote
at the same election in the person's own name or any other
name;
commits a Class D felony.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-13
Hiring or soliciting an ineligible person to vote in a precinct
Sec. 13. A person who knowingly hires or solicits another person
to go into a precinct for the purpose of voting at an election at the
precinct when the person hired or solicited is not a voter in the
precinct commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.103-2005,
SEC.25.
IC 3-14-2-14
Precinct officer or public official allowing ineligible voters or
unauthorized procedure
Sec. 14. A precinct election officer or public official upon whom
a duty is imposed by this title who knowingly:
(1) allows a person to vote who is not entitled to vote; or
(2) allows a person to vote by use of an unauthorized procedure;
commits a Class D felony.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-15
Unauthorized delivery of ballots
Sec. 15. A member, an employee, or an agent of a county election
board who knowingly delivers a ballot to a person except in the
manner prescribed by this title commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.8-1995, SEC.65;
P.L.103-2005, SEC.26.
IC 3-14-2-16
Ballots; fraudulent application, showing, examination, receipt,
possession, completion, or delivery
Sec. 16. A person who knowingly does any of the following
commits a Class D felony:
(1) Applies for or receives a ballot in a precinct other than that
precinct in which the person is entitled to vote.
(2) Except when receiving assistance under IC 3-11-9, shows a
ballot after it is marked to another person in such a way as to
reveal the contents of it or the name of a candidate for whom
the person has voted.
(3) Except when offering assistance requested by a voter in
accordance with IC 3-11-9, examines a ballot that a voter has
prepared for voting or solicits the voter to show the ballot.
(4) Receives from a voter a ballot prepared by the voter for
voting, except:
(A) the inspector;
(B) a member of the precinct election board temporarily
acting for the inspector;
(C) a member or an employee of a county election board
(acting under the authority of the board and state law) or an
absentee voter board member acting under IC 3-11-10; or
(D) a member of the voter's household, an individual
designated as attorney in fact for the voter, or an employee
of:
(i) the United States Postal Service; or
(ii) a bonded courier company;
(acting in the individual's capacity as an employee of the
United States Postal Service or a bonded courier company)
when delivering an envelope containing an absentee ballot
under IC 3-11-10-1.
(5) Receives a ballot from a person other than one of the poll
clerks or authorized assistant poll clerks.
(6) Delivers a ballot to a voter to be voted, unless the person is:
(A) a poll clerk or authorized assistant poll clerk; or
(B) a member of a county election board or an absentee voter
board acting under IC 3-11-10.
(7) Delivers a ballot (other than an absentee ballot) to an
inspector that is not the ballot the voter receives from the poll
clerk or assistant poll clerk.
(8) Delivers an absentee ballot to a team of absentee ballot
counters appointed under IC 3-11.5-4-22, a county election
board, a circuit court clerk, or an absentee voting board under
IC 3-11-10 that is not the ballot cast by the absentee voter.
(9) Delivers an absentee ballot prepared by the voter for voting
to a county election board, except for:
(A) the inspector;
(B) a member of the precinct election board temporarily
acting for the inspector;
(C) a member or an employee of a county election board
(acting under the authority of the board and in accordance
with state law) or an absentee voter board member acting
under IC 3-11-10; or
(D) a member of the voter's household or an individual
designated as attorney in fact for the voter, an employee of:
(i) the United States Postal Service; or
(ii) a bonded courier company;
(acting in the individual's capacity as an employee of the
United States Postal Service or a bonded courier company)
when delivering an envelope containing an absentee ballot
under IC 3-11-10-1.
(10) Possesses an unmarked absentee ballot on or before the
date of the election for which the absentee ballot has been
printed, unless the person is authorized to possess the absentee
ballot under this title as any of the following:
(A) A printer, when arranging for the delivery of unmarked
absentee ballots to a county election board under IC 3-11-2.
(B) A county election board member or employee (acting
under the authority of the board and in accordance with state
law).
(C) An absentee voter board member.
(D) An employee of:
(i) the United States Postal Service; or
(ii) a bonded courier company;
(acting in the individual's capacity as an employee of the
United States Postal Service or a bonded courier company)
when delivering an envelope containing an absentee ballot.
(E) An individual authorized under IC 3-11-10-24 to deliver
an absentee ballot.
(F) An absentee ballot counter under IC 3-11.5.
(G) A provisional ballot counter.
(H) A precinct election officer.
(I) The voter who applied for the absentee ballot.
(11) Completes or signs an absentee ballot application for a
voter, or assists a voter in completing an absentee ballot
application in violation of IC 3-11.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.467;
P.L.5-1989, SEC.73; P.L.3-1993, SEC.232; P.L.19-1993, SEC.3;
P.L.4-1996, SEC.88; P.L.38-1999, SEC.70; P.L.103-2005, SEC.27.
IC 3-14-2-17
Marking ballot to indicate to another person how voter has voted
Sec. 17. A voter at an election who knowingly writes or places on
a ballot a name, sign, or device as a distinguishing mark by which to
indicate to any other person how the voter has voted commits a Class
D felony.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-18
Disclosure of voter's vote to another
Sec. 18. A voter who knowingly:
(1) does anything to enable any other person to see or know for
what ticket, candidates, or public questions the voter has voted;
or
(2) moves into a position, or does any other thing, to enable the
voter to see or know for what ticket, candidates, or public
questions any other voter votes;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.10-1988,
SEC.209; P.L.103-2005, SEC.28; P.L.221-2005, SEC.134.
IC 3-14-2-19
Forgery of official ballot endorsement; printing or circulating
imitation ballot
Sec. 19. (a) A person who knowingly:
(1) forges or falsely makes the official endorsement of a ballot;
or
(2) prints or circulates an imitation ballot;
commits a Class D felony.
(b) This section does not prohibit the printing or circulation of a
sample ballot or a reproduction of an official ballot if the sample or
reproduction complies with IC 3-9-3-2.5 and the printing or
circulation does not violate IC 3-14-1-2.
As added by P.L.5-1986, SEC.10. Amended by P.L.66-2003, SEC.51.
IC 3-14-2-20
Deceptive registration of vote
Sec. 20. A person who knowingly:
(1) deceives a voter in registering the voter's vote under
IC 3-11-8; or
(2) registers a voter's vote in a way other than as requested by
the voter;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.468.
IC 3-14-2-21
Fraudulent inducement to vote other than as intended
Sec. 21. A person who fraudulently causes a voter at an election
to vote for a person different from the one the voter intended to vote
for or on a public question different from the vote the voter intended
to cast commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.469;
P.L.10-1988, SEC.210.
IC 3-14-2-22
False representation of ballot to non-English speaking voter
Sec. 22. A person who knowingly furnishes a voter who cannot
read the English language with a ballot at an election that the person
represents to the voter as containing a name different from the one
printed or written on it commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.470.
IC 3-14-2-23
Opening, destruction, or unauthorized delivery of ballots by
custodian of ballots
Sec. 23. A person entrusted with the custody of ballots who
knowingly:
(1) opens a package in which the ballots are contained;
(2) destroys a ballot; or
(3) delivers such a package or ballot to a person not entitled to
receive it;
commits a Class D felony.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-24
Removal or destruction of ballots; false entries in poll book; false
tallying
Sec. 24. A person who:
(1) takes a ballot legally deposited out of a ballot box or out of
a voting system for the purpose of destroying the ballot or
substituting another ballot in its place;
(2) destroys or misplaces a ballot with the intent to substitute
another ballot for it or with the intent to prevent it from being
counted; or
(3) knowingly enters upon the pollbooks the name of a person
who has not legally voted or knowingly tallies a vote for a
candidate or on a public question not voted for by the ballot;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.10-1988,
SEC.211; P.L.103-2005, SEC.29.
IC 3-14-2-25
Marking or defacing ballots by precinct election board member or
authorized election personnel
Sec. 25. A member of a precinct election board or county election
board, a person employed at the central counting headquarters, or a
person charged with a duty in connection with an election or
entrusted with the custody or control of a ballot either before or after
voting who marks or defaces a ballot for the purpose of:
(1) identifying the ballot (except by numbering protested ballots
for future reference as provided by law); or
(2) vitiating the ballot;
commits a Class D felony.
As added by P.L.5-1986, SEC.10.
IC 3-14-2-26
Tampering with ballot container, voting system component, or
contents
Sec. 26. A person who:
(1) during the progress of an election or within the time for
preparation required under this title, knowingly breaks open or
violates the seal or lock of a ballot box, envelope, container,
bag, or voting system component in which ballots have been
deposited;
(2) knowingly obtains a ballot box, envelope, container, bag, or
voting system component that contains ballots and cancels,
withholds, or destroys a ballot;
(3) knowingly increases or decreases the number of ballots
legally deposited in a ballot box, envelope, container, bag, or
voting system component; or
(4) knowingly makes a fraudulent erasure or alteration on a tally
sheet, poll book, list of voters, or election return deposited in a
ballot box, envelope, bag, or voting system component;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.471;
P.L.103-2005, SEC.30.
IC 3-14-2-27
Fraudulent recording of votes; false statement, certificate, or
return of vote
Sec. 27. A precinct election officer at the close of the polls, an
absentee ballot counter acting under IC 3-11.5-5 or IC 3-11.5-6, or
a provisional ballot counter acting under IC 3-11.7-5 who knowingly:
(1) causes the vote to be incorrectly taken down for a candidate
or public question; or
(2) makes a false statement, certificate, or return of any kind of
that vote;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.472;
P.L.3-1993, SEC.233; P.L.19-1993, SEC.4; P.L.126-2002, SEC.89.
IC 3-14-2-28
Fraudulent alteration of election return; intentional destruction of
poll book or tally; fraudulent alteration of vote as returned
Sec. 28. A person who:
(1) with intent to defraud, alters an election return;
(2) knowingly destroys, misplaces, or loses a poll book or tally
sheet; or
(3) with intent to defraud, alters the vote of a candidate or on a
public question as returned by the county election board or its
employees;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.10-1988,
SEC.212.
IC 3-14-2-29
Inspecting voting system without authorization
Sec. 29. A person who knowingly inspects a voting system under
IC 3-12-4-18 without obtaining authorization from the state recount
commission to conduct the inspection commits a Class D felony.
As added by P.L.3-1987, SEC.473. Amended by P.L.103-2005,
SEC.31.
IC 3-14-2-30
Violations
Sec. 30. A person who knowingly votes at a town convention in
violation of IC 3-8-5-11(c) commits a Class A misdemeanor.
As added by P.L.167-2001, SEC.9.