CHAPTER 5. COUNTY ELECTION BOARDS
IC 3-6-5
Chapter 5. County Election Boards
IC 3-6-5-1
Establishment
Sec. 1. (a) Except as provided in subsection (b), a board is
established in each county of the state known as the (name of county)
county election board.
(b) A county election board is not established in the following
counties:
(1) A county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000).
(2) A county having a population of more than one hundred
forty-eight thousand (148,000) but less than one hundred
seventy thousand (170,000).
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.11;
P.L.144-2001, SEC.2; P.L.170-2002, SEC.4.
IC 3-6-5-2
Membership
Sec. 2. The following three (3) members comprise each county
election board:
(1) The circuit court clerk, who is ex officio a member of the
board.
(2) Two (2) persons appointed by the circuit court clerk, one (1)
from each of the major political parties of the county.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-3
Candidates for office as members of board or proxies of record;
circuit court clerk as member of candidate's committee
Sec. 3. (a) A person who is a candidate for elected office or a
member of a candidate's committee may not be appointed as:
(1) a member of a county election board;
(2) a proxy of record for a member under section 4.5 of this
chapter; or
(3) an alternate proxy of record for a member under section 4.5
of this chapter.
(b) If an appointed member, a proxy, or an alternate proxy
becomes:
(1) a candidate for elected office; or
(2) a member of a candidate's committee;
the member, proxy, or alternate proxy may not continue to serve on
the county election board.
(c) An appointed member, a proxy, or an alternate proxy may not
hold elected office while serving on the county election board.
(d) The circuit court clerk may not be a member of a candidate's
committee other than the clerk's own candidate's committee.
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.24;
P.L.3-1997, SEC.34; P.L.9-2004, SEC.2; P.L.230-2005, SEC.6.
IC 3-6-5-4
Appointment of members; term of office
Sec. 4. The board members appointed by the circuit court clerk
serve until their successors are appointed and qualified.
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.35.
IC 3-6-5-4.5
Proxy of record; alternate proxy
Sec. 4.5. (a) A member may appoint an individual to serve as a
proxy of record in the member's place as a member of the county
election board by filing a written instrument appointing the proxy of
record with the circuit court clerk. The proxy of record has the same
authority to act and vote on all matters as does the member. The
member may revoke the authority of the proxy of record at any time.
The authority of the proxy of record may be either limited or general
with regard to duration or subject matter as set forth by the member
in the written instrument appointing the proxy.
(b) If both the member and the member's proxy of record are
unavailable, the member may appoint another individual in writing
to serve as an alternate proxy in the member's place as a member of
the county election board. The alternate proxy has the same authority
to act and vote on all matters as does the member. The member may
revoke the authority of the alternate proxy at any time. The authority
of the alternate proxy may be either limited or general with regard to
duration or subject matter as set forth by the member in the written
instrument appointing the proxy.
As added by P.L.4-1991, SEC.14.
IC 3-6-5-5
Nominations by county chairmen
Sec. 5. The county chairman of each of the major political parties
of a county may nominate, in writing, a member of the chairman's
party for appointment to the county election board. The circuit court
clerk shall appoint the nominee to the board.
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.36.
IC 3-6-5-6
Removal of member upon request of county chairman
Sec. 6. A circuit court clerk shall remove any member of the
county election board upon the request of the county chairman of the
political party that nominated that member. The clerk then shall
appoint a new member nominated by the county chairman.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-7
Vacancies
Sec. 7. In case of a vacancy in the office of either appointee to a
county election board, the circuit court clerk shall, within five (5)
days, send written notice of the vacancy to the county chairman of
the appointee's political party. The chairman may, within five (5)
days after receiving notice of the vacancy, nominate in writing a
successor who shall be appointed. If the chairman fails to make a
nomination within the five (5) day period, the clerk shall, within
another five (5) days, appoint a member of the political party entitled
to the appointment.
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.25;
P.L.7-1990, SEC.2.
IC 3-6-5-8
Chairman of county election board; secretary
Sec. 8. The members of a county election board shall select one
(1) of the appointed members to serve as chairman. The circuit court
clerk shall serve as secretary of the board.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-9
Compensation of members and secretary
Sec. 9. Each county fiscal body shall determine, in the manner
provided by law, the compensation of:
(1) the appointed members of the county election board; and
(2) the circuit court clerk for the clerk's services as secretary of
the county election board.
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.12.
IC 3-6-5-10
Office space
Sec. 10. Each county executive shall furnish to the county election
board necessary office space either in the county courthouse or in
some other conveniently located building.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-11
Chairman to call meetings
Sec. 11. The chairman of a county election board shall call a
meeting of the board whenever the chairman considers it necessary
for the performance of the board's duties.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-12
Failure of chairman to call meeting
Sec. 12. If the chairman of a county election board for any reason
fails to call a meeting of the board, then the two (2) other members
may meet to execute the powers and perform the duties of the board.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-13
Minutes of meetings
Sec. 13. Each county election board shall keep minutes of all
meetings of the board, including a written record of the aye and nay
vote of each member on all questions coming before the board.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-14
Powers and duties
Sec. 14. (a) Each county election board, in addition to duties
otherwise prescribed by law, shall do the following:
(1) Adopt and amend a written plan to implement NVRA within
the county.
(2) Conduct all elections and administer the election laws
within the county, except as provided in IC 3-8-5 and IC 3-10-7
for town conventions and municipal elections in certain small
towns.
(3) Prepare all ballots.
(4) Distribute all ballots and pasters to all of the precincts in the
county.
(b) This subsection does not apply to pasters to be attached to
ballots during the final three (3) days before an election. Not later
than the Monday before distributing ballots, pasters, and voting
systems to the precincts in the county, the county election board shall
notify the county chairman of each major political party and, upon
request, the chairman of any other bona fide political party in the
county, that sample ballots and pasters are available for inspection.
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.26;
P.L.11-1988, SEC.1; P.L.3-1993, SEC.13; P.L.12-1995, SEC.18;
P.L.2-1996, SEC.5; P.L.3-1997, SEC.37; P.L.221-2005, SEC.9.
IC 3-6-5-14.5
Delegation of duties of circuit court clerk; resolution
Sec. 14.5. (a) The county election board, by unanimous vote of
the entire membership of the board, may adopt a resolution providing
that certain duties and responsibilities exercised by the circuit court
clerk under this title shall be performed by an employee of the county
election board.
(b) A resolution adopted under this section:
(1) must specify the duties and responsibilities to be exercised
by the election board employee;
(2) may not be amended or repealed, except by unanimous vote
of the entire membership of the county election board; and
(3) expires sixty (60) days after the circuit court clerk who was
a member of the county election board when the resolution was
adopted leaves office.
As added by P.L.3-1993, SEC.14.
IC 3-6-5-15
Political subdivisions with territory in more than one county
Sec. 15. Except as otherwise provided by law, whenever a
political subdivision (as defined in IC 36-1-2-13 and other than a
county) contains territory in more than one (1) county, the county
election board of the county that contains the greatest percentage of
population of the political subdivision shall conduct all elections for
the political subdivision. This section does not apply to countywide
elections.
As added by P.L.5-1986, SEC.2. Amended by P.L.5-1989, SEC.6.
IC 3-6-5-16
Budget estimates
Sec. 16. Each county election board shall prepare annually a
budget estimate itemizing its expenditures for the previous year and
its estimates of the amount of money necessary to be appropriated for
the next year. The board shall submit the budget estimate at the time
and in the manner and form other county budget estimates are
required to be filed.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-17
Reports to election division; contents
Sec. 17. (a) Each county election board shall submit a report to
the election division after each primary, special, municipal, and
general election describing the activities of the board during the
previous year. The board shall include the following in the report:
(1) Information relating to the expenses of office maintenance
and elections within the county or political subdivisions within
the county.
(2) A copy of the statement of the county election board
containing the votes cast for each candidate and on each public
question in each precinct at the last election preceding the
submission of the report.
(3) Any additional information relating to elections that the
commission prescribes.
(b) The report described in subsection (a) must be postmarked,
hand delivered, or transmitted to the election division using the
computerized list under IC 3-7-26.3 not later than fourteen (14) days
after each election.
(c) The election division shall send a copy of each report to the
office not later than ten (10) days after receiving the report.
As added by P.L.5-1986, SEC.2. Amended by P.L.10-1988, SEC.8;
P.L.3-1993, SEC.15; P.L.2-1996, SEC.6; P.L.3-1997, SEC.38;
P.L.212-2001, SEC.9; P.L.209-2003, SEC.14.
IC 3-6-5-17.5
Report concerning absentee ballots from overseas and uniformed
services voters
Sec. 17.5. (a) As required by 42 U.S.C. 1973ff-1(c), each county
election board shall submit a report to the election division after each
general election setting forth the combined number of absentee
ballots:
(1) transmitted by the county election board to absent
uniformed services voters and overseas voters for the election;
and
(2) returned by absent uniformed services voters and overseas
voters and cast in the election.
(b) The report must be:
(1) postmarked or hand delivered to the election division not
later than fourteen (14) days after the election; and
(2) in the form prescribed by the federal Election Assistance
Commission under Section 703(b) of HAVA (42 U.S.C.
1973ff-1 (note)).
As added by P.L.209-2003, SEC.15.
IC 3-6-5-18
Circuit court clerk to perform duties of clerk or secretary
Sec. 18. Each circuit court clerk shall perform all duties imposed
upon the clerk under this title as a member of the county election
board or as secretary of the board, except when the clerk is acting as
the registration officer of the county. Any such action taken by the
clerk is considered an action of the board.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-19
Circuit court clerk; exercise of powers and duties of board
Sec. 19. A circuit court clerk, with the approval of the county
election board, shall exercise the powers and perform the duties
imposed upon the board whenever the facilities of the clerk's office
make it more reasonable and efficient for the clerk to do so. Any
action taken by the clerk with the approval of the board is considered
an action of the board.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-20
Deputy election commissioners; appointment and removal;
residency
Sec. 20. A county election board may appoint and at its pleasure
remove deputy election commissioners. A deputy election
commissioner appointed under this section must reside in the county
of the election board that appointed the deputy commissioner. If a
deputy election commissioner ceases to be a resident of the county
of the election board that appointed the deputy election
commissioner, the person may not continue to serve as a deputy
election commissioner of the county.
As added by P.L.5-1986, SEC.2. Amended by P.L.5-1989, SEC.7.
IC 3-6-5-21
Designation of deputy election commissioners by county chairmen
Sec. 21. The county chairmen of the major political parties of a
county shall designate the deputy election commissioners. The
deputy election commissioners must be divided equally between the
major political parties.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-22
Deputy election commissioner's duties
Sec. 22. The deputy election commissioners appointed under
section 21 of this chapter may assist the county election board in
carrying out its duties in accordance with rules adopted by the board.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-23
Clerks, custodians, and employees; students serving as nonpartisan
assistants
Sec. 23. (a) A county election board may appoint and at its
pleasure remove clerks, custodians, and other employees that are
necessary in the execution of its powers. The county election board
may determine the duties, rank, and salaries of its appointees.
(b) The county election board may employ students enrolled at
postsecondary educational institutions (including community
colleges) to assist in the administration of elections by serving as
nonpartisan assistants, in accordance with the requirements of the
Help America Vote College Program conducted by the Election
Assistance Commission under 42 U.S.C. 15521.
As added by P.L.5-1986, SEC.2. Amended by P.L.209-2003, SEC.16;
P.L.2-2007, SEC.9.
IC 3-6-5-24
Candidates for elected office; service as deputy election
commissioner or employment by county board
Sec. 24. A person who is a candidate for elected office may not
be:
(1) appointed as a deputy election commissioner; or
(2) employed by a county election board.
If a deputy election commissioner or employee of a county election
board becomes a candidate for elected office, the person may not
continue to serve as a deputy election commissioner or employee of
a county election board.
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.27.
IC 3-6-5-25
Audit of books of county election board
Sec. 25. The books of each county election board shall be audited
as are the books of other public officials of the county.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-26
Examination of persons; administration of oaths
Sec. 26. A county election board may examine under oath any
person with regard to a material matter connected with the proper
discharge of its duties. Any member of the board may administer the
oath.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-27
Subpoena power
Sec. 27. A county election board may subpoena persons and
papers and compel the witnesses to answer under oath any questions
that properly come before the board.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-28
Service of process
Sec. 28. The sheriff of a county, for a general election, and the
chief law enforcement officer of a municipality, for a municipal
election, shall serve all processes issued by a county election board.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-29
Refusal of person to attend or testify; court order; contempt
Sec. 29. If a person subpoenaed by a county election board refuses
to attend or testify, the board shall report that fact to a circuit or
superior court of the county. The court shall order the witness to
attend and testify. If the witness fails or refuses to obey the order, the
witness shall be held in contempt.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-30
Witness fees
Sec. 30. A witness who is subpoenaed by a county election board
is entitled to be paid the same mileage and fee to which witnesses in
court actions are entitled. Mileage and fees shall be paid as other
election expenses are paid.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-31
Election law violations; investigation; action by board
Sec. 31. If a county election board determines that there is
substantial reason to believe an election law violation has occurred,
it shall expeditiously make an investigation. If in the judgment of the
board, after affording due notice and an opportunity for a hearing, a
person has engaged or is about to engage in an act or practice that
constitutes or will constitute a violation of a provision of this title or
of a rule or order issued under this title, the board shall take the
action it considers appropriate under the circumstances, including
referring the matter to the attorney general or the appropriate
prosecuting attorney.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-32
Civil action by attorney general or prosecuting attorney;
injunctions
Sec. 32. Upon referral under section 31 of this chapter, the
attorney general or prosecuting attorney shall institute on behalf of
the state a civil action for relief, including a permanent or temporary
injunction, restraining order, or other appropriate order in a circuit
or superior court in the county in which the person is found, resides,
or transacts business. Upon a proper showing that the person has
engaged or is about to engage in the act or practice described by
section 31 of this chapter, the court shall grant a permanent or
temporary injunction, restraining order, or other order without bond.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-33
Assistance by law enforcement officers
Sec. 33. The county sheriff, the chief law enforcement officer of
a municipality within the county, and other law enforcement officers
shall assist a county election board, upon request, in the enforcement
of the election laws and the discharge of its duties, including the use
of police radio and telephone service on election days.
As added by P.L.5-1986, SEC.2.
IC 3-6-5-34
Appeal of county election board decision; time to file
Sec. 34. Except as expressly provided by statute, an appeal may
be taken from a decision of a county election board to the circuit
court. An appeal taken under this section must be filed not later than
thirty (30) days after the board makes the decision subject to the
appeal.
As added by P.L.230-2005, SEC.7.
IC 3-6-5-35
Failure to perform duty as precinct election officer; civil penalty
Sec. 35. (a) An individual who knowingly, recklessly, or
negligently fails to perform a duty as a precinct election officer
required by this title is subject to a civil penalty under this section in
addition to any other penalty imposed.
(b) If the county election board determines, by unanimous vote of
the entire membership of the board, that an individual serving as a
precinct election officer has failed to perform a duty required by this
title, the board shall assess the individual a civil penalty of not more
than five hundred dollars ($500).
(c) A civil penalty assessed under this section may be deducted
from any compensation that the individual may otherwise be entitled
to under IC 3-6-6.
As added by P.L.230-2005, SEC.8.