CHAPTER 3. INTERFERENCE WITH FREE AND EQUAL ELECTIONS
IC 3-14-3
Chapter 3. Interference With Free and Equal Elections
IC 3-14-3-1
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-14-3-1.1
Procuring or submission of false, fictitious, or fraudulent
registration application; procuring, casting, or tabulating false,
fictitious, or fraudulent ballot
Sec. 1.1. A person who knowingly does any of the following
commits a Class D felony:
(1) Procures or submits voter registration applications known by
the person to be materially false, fictitious, or fraudulent.
(2) Procures, casts, or tabulates ballots known by the person to
be materially false, fictitious, or fraudulent.
As added by P.L.103-2005, SEC.32.
IC 3-14-3-2
Failure to cast or return ballot in authorized manner
Sec. 2. A person who, having procured an official ballot,
knowingly fails to cast or return it in the prescribed manner commits
a Class A misdemeanor.
As added by P.L.5-1986, SEC.10.
IC 3-14-3-3
Interference with watcher's duties
Sec. 3. A person who knowingly:
(1) interferes with a watcher;
(2) prevents a watcher from performing the watcher's duties;
(3) otherwise violates:
(A) IC 3-6-8-3;
(B) IC 3-6-8-4;
(C) IC 3-6-8-5;
(D) IC 3-6-8-6;
(E) IC 3-6-9; or
(F) IC 3-6-10; or
(4) violates IC 3-11-13-44(d);
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.5-1989, SEC.74;
P.L.2-1998, SEC.9; P.L.221-2005, SEC.135.
IC 3-14-3-4
Obstruction of, interference with, or injury of voter or election
officer
Sec. 4. (a) A person who:
(1) knowingly obstructs or interferes with an election officer in
the discharge of the officer's duty; or
(2) knowingly obstructs or interferes with a voter within the
chute;
commits a Class D felony.
(b) A person who knowingly injures an election officer or a voter:
(1) in the exercise of the officer's or voter's rights or duties; or
(2) because the officer or voter has exercised the officer's or
voter's rights or duties;
commits a Class D felony.
(c) A person called as a witness to testify against another for a
violation of this section is a competent witness to prove the offense
even though the person may have been a party to the violation. The
person shall be compelled to testify as other witnesses. However, the
person's evidence may not be used against the person in a
prosecution growing out of matters about which the person testifies,
and the person is not liable to indictment or information for the
offense.
As added by P.L.5-1986, SEC.10. Amended by P.L.103-2005,
SEC.33.
IC 3-14-3-5
Tampering with voting system
Sec. 5. A precinct election officer who, with the intent to cause or
permit a ballot card voting system or an electronic voting system to
fail to correctly register all votes cast, tampers with or disarranges
the system or any part of it commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.474;
P.L.221-2005, SEC.136.
IC 3-14-3-6
Allowing inaccurately adjusted voting system to be used
Sec. 6. A precinct election officer who permits a ballot card
voting system or an electronic voting system to be used for voting at
an election, with knowledge of the fact that the system is not in order
or not perfectly set and adjusted so that it will correctly register all
votes cast, commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.475;
P.L.221-2005, SEC.137.
IC 3-14-3-7
Removal, change, or mutilation of voting system ballot label to
deceive voter
Sec. 7. An inspector or poll clerk in a precinct who, for the
purpose of:
(1) deceiving a voter;
(2) causing it to be doubtful for what ticket, candidate, or public
question a vote is cast; or
(3) causing it to appear that votes cast for one (1) ticket,
candidate, or public question were cast for another ticket,
candidate, or public question;
removes, changes, or mutilates a voting system or any part of a
voting system commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.103-2005,
SEC.34.
IC 3-14-3-8
Damaging, disarranging, or tampering with voting system
Sec. 8. A person other than a precinct election officer who
knowingly, before or during an election:
(1) damages, disarranges, or tampers with a ballot card system
or an electronic voting system; or
(2) damages a ballot label placed or to be placed on the
electronic voting system, or any other appliance used in
connection with the ballot card voting system or electronic
voting system;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.476;
P.L.221-2005, SEC.138.
IC 3-14-3-9
Failure to receive vote of legal voter
Sec. 9. A person who knowingly fails to receive the vote of a legal
voter at an election commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.477.
IC 3-14-3-10
Removal, defacing, or destruction of supplies or instruction cards
from voting booth; removal or destruction of voting booth
Sec. 10. A person who during an election recklessly:
(1) removes or destroys any of the supplies or other
conveniences placed in the voting booths or delivered to the
voter for the purpose of enabling a voter to prepare a ballot;
(2) removes or defaces the cards printed for the instruction of
the voters; or
(3) removes or destroys a voting booth, railing, or other
convenience provided for the election;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.478.
IC 3-14-3-11
Tampering with marking device, ballot, or record or equipment;
interference with operation or secrecy of voting
Sec. 11. A person who recklessly:
(1) tampers with or damages a marking device, ballot, or other
record or equipment used in an election;
(2) interferes with the correct operation of such a device or
equipment; or
(3) interferes with the secrecy of voting;
commits a Class D felony.
As added by P.L.5-1986, SEC.10.
IC 3-14-3-12
Leaving poll with ballot or ballot marking device
Sec. 12. A voter who recklessly attempts to leave the polls with
a ballot, the pencil, or other marking device used in marking ballots
in the voter's possession commits a Class A misdemeanor. A voter
who attempts to leave the polls with a ballot, pencil, or other marking
device in the voter's possession shall be arrested at once on demand
of any member of the precinct election board.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.479.
IC 3-14-3-13
Removal of ballot or marking device from polls; possession outside
polls
Sec. 13. A person who during an election knowingly:
(1) removes a ballot, pencil, or other marking device from the
polls; or
(2) possesses outside the polls a ballot, pencil, or other marking
device either genuine or counterfeit;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.480.
IC 3-14-3-14
Printers; unauthorized printing or delivery of ballots
Sec. 14. A printer of the ballots for an election, or person
employed in printing the ballots, who knowingly:
(1) delivers a ballot to a person other than the co-directors or
authorized representative of the election division or a county
election board for which the ballots are being printed;
(2) prints a ballot in any form other than the one prescribed by
law; or
(3) prints a ballot containing any names, spellings, or
arrangements other than as authorized by the commission or a
county election board;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1997, SEC.403.
IC 3-14-3-15
Unauthorized entries at polls
Sec. 15. A person not authorized by this title who recklessly:
(1) enters the polls;
(2) enters within the railing leading from the challenge window
or door to the entrance of the polls without having been passed
by the challengers or having been sworn in; or
(3) remains within the polls or within the chute in violation of
IC 3-11-8-15 or IC 3-11-8-16;
commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1997, SEC.404;
P.L.14-2004, SEC.176.
IC 3-14-3-16
Electioneering
Sec. 16. (a) As used in this section, "electioneering" includes
expressing support or opposition to any candidate or political party
or expressing approval or disapproval of any public question in any
manner that could reasonably be expected to convey that support or
opposition to another individual. The term does not include
expressing support or opposition to a candidate or a political party or
expressing approval or disapproval of a public question in:
(1) material mailed to a voter; or
(2) a telephone or an electronic communication with a voter.
(b) A person who knowingly does any electioneering:
(1) on election day within:
(A) the polls; or
(B) the chute;
(2) within an area in the office of the circuit court clerk or a
satellite office of the circuit court clerk established under
IC 3-11-10-26.3 used by an absentee voter board to permit an
individual to cast an absentee ballot; or
(3) except for a voter who is:
(A) the person's spouse;
(B) an incapacitated person (as defined in IC 29-3-1-7.5) for
whom the person has been appointed the guardian (as
defined in IC 29-3-1-6); or
(C) a member of the person's household;
in the presence of a voter whom the person knows possesses an
absentee ballot provided to the voter in accordance with Indiana
law;
commits a Class A misdemeanor.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1997, SEC.405;
P.L.66-2003, SEC.52; P.L.14-2004, SEC.177; P.L.103-2005,
SEC.35; P.L.164-2006, SEC.132.
IC 3-14-3-17
Inducement of votes by board member or precinct election officer
prohibited
Sec. 17. A member of a precinct election board, a precinct
election officer, or a member of an absentee voter board who
knowingly induces or persuades a voter to vote for a candidate or for
or against a public question while acting as a board member or
precinct election officer commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.481;
P.L.10-1988, SEC.213; P.L.3-1997, SEC.406.
IC 3-14-3-18
Actions to unlawfully influence voter or candidate
Sec. 18. (a) As used in this section, "candidate" includes an
individual whom the person knows is considering becoming a
candidate.
(b) A person who, for the purpose of influencing a voter or
candidate, does any of the following commits a Class D felony:
(1) Seeks to enforce the payment of a debt by force or threat of
force.
(2) Ejects or threatens to eject the voter or candidate from a
house the voter or candidate occupies.
(3) Begins a criminal prosecution.
(4) Damages the business or trade of the voter or candidate.
(5) Communicates a threat to commit a forcible felony (as
defined in IC 35-41-1-11) against a voter or candidate with the
intent that the voter or candidate:
(A) engage in conduct against the voter's or candidate's will;
or
(B) be placed in fear of retaliation for a prior lawful act as a
voter or candidate.
As added by P.L.5-1986, SEC.10. Amended by P.L.176-1999,
SEC.118; P.L.103-2005, SEC.36.
IC 3-14-3-19
Inducing votes by gift or offer to compensate
Sec. 19. A person who, for the purpose of inducing or procuring
another person to:
(1) apply for or cast an absentee ballot; or
(2) vote or refrain from voting for or against a candidate or for
or against a public question at an election or political
convention;
gives, offers, or promises to any person any money or other property
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.482;
P.L.103-2005, SEC.37.
IC 3-14-3-20
Acceptance or solicitation of compensation to induce or procure
votes
Sec. 20. A person who, for the purpose of inducing or procuring
a voter to:
(1) apply for or cast an absentee ballot; or
(2) vote or refrain from voting for or against a candidate or for
or against a public question at an election or political
convention;
receives, accepts, requests, or solicits from any person any money or
other property commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.483;
P.L.103-2005, SEC.38.
IC 3-14-3-20.5
Conspiracy to secure fraudulent registration or absentee ballot
application
Sec. 20.5. (a) This section does not apply to activity subject to 18
U.S.C. 1341.
(b) An individual who knowingly:
(1) conspires to obtain property the individual would be entitled
to receive as compensation for serving as an elected official by
securing false or fraudulent absentee ballot applications or voter
registration applications; and
(2) for the purpose of executing the conspiracy:
(A) causes the applications to be sent or delivered by a
private or commercial carrier operating entirely within
Indiana; or
(B) takes or receives from the private or commercial carrier
the false or fraudulent applications, or causes the
applications to be delivered by the carrier to another person;
commits a Class D felony.
As added by P.L.103-2005, SEC.39.
IC 3-14-3-21
Influencing political opinions or actions of employees in the
workplace
Sec. 21. A person who:
(1) pays employees the salary or wages due in pay envelopes
upon which there is printed or in which there is enclosed a
political motto, device, or argument containing threats intended
or calculated to influence the political opinions or actions of the
employees; or
(2) exhibits in the workplace of the person's employees a
handbill or placard containing a threat, notice, or information
that, if a particular ticket, candidate, or public question is
elected, approved, or defeated:
(A) work in the person's place or establishment will cease in
whole or in part;
(B) the person's establishment will be closed; or
(C) the wages of the employees will be reduced;
or that is otherwise intended or calculated to influence the
political opinions or actions of the employees;
commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.484;
P.L.10-1988, SEC.214.
IC 3-14-3-21.5
Voter intimidation
Sec. 21.5. A person who knowingly or intentionally intimidates,
threatens, or coerces an individual for:
(1) voting or attempting to vote;
(2) urging or aiding another individual to vote or attempt to
vote; or
(3) exercising any power or duty under this title concerning
registration or voting;
commits voter intimidation, a Class D felony.
As added by P.L.103-2005, SEC.40.
IC 3-14-3-22
Repealed
(Repealed by P.L.11-1992, SEC.5.)
IC 3-14-3-23
Violation of IC 3-6-11-5 or IC 3-6-11-7; classification
Sec. 23. A proprietor, a manager, or an association of co-owners
who violates IC 3-6-11-5 or IC 3-6-11-7 commits a Class C
infraction.
As added by P.L.7-1990, SEC.51.
IC 3-14-3-24
Violation of IC 3-6-11-7.5; classification
Sec. 24. An organization that violates IC 3-6-11-7.5 commits a
Class C infraction.
As added by P.L.7-1990, SEC.52.