CHAPTER 36. SPECIAL REGISTRATION PROCEDURES FOR MILITARY VOTERS AND OVERSEAS VOTERS
IC 3-7-36
Chapter 36. Special Registration Procedures for Military Voters
and Overseas Voters
IC 3-7-36-1
Applicability of chapter
Sec. 1. This chapter applies to absent uniformed services voters
and overseas voters.
As added by P.L.12-1995, SEC.46.
IC 3-7-36-2
Signatures in presence of person authorized to administer oath not
required
Sec. 2. A voter described in section 1 of this chapter who wants
to:
(1) vote by absentee ballot under IC 3-11-4; and
(2) execute an affidavit or a form for voter registration;
is not required to sign the affidavit or form in the presence of a
person authorized to administer an oath, and the affidavit or form
need not be signed by such a person.
As added by P.L.12-1995, SEC.46. Amended by P.L.126-2002,
SEC.24.
IC 3-7-36-3
Additional signatures not required; false statements
Sec. 3. The circuit court clerk or board of registration shall inform
the voter that no signature other than that of the voter is required on
the affidavit or form and that a voter who makes a false statement on
the affidavit or form is subject to the penalties for perjury.
As added by P.L.12-1995, SEC.46.
IC 3-7-36-4
Person designated to sign
Sec. 4. If the voter is unable to sign or mark the registration form
due to disability, any person designated by the voter may sign the
voter's name on the form in the presence of the voter.
As added by P.L.12-1995, SEC.46.
IC 3-7-36-5
Delivery of affidavit to voter after receipt of application;
effectiveness of registration
Sec. 5. (a) This section does not apply to a voter who files a
combined absentee registration form and absentee ballot request.
(b) When a county voter registration office receives an application
for registration from an absent uniformed services voter or an
overseas voter, the office shall promptly mail or deliver to the
applicant the affidavit prescribed by this title for the registration of
a voter. The county voter registration office shall transmit the voter
registration application to the applicant by electronic mail or fax if:
(1) requested by the applicant; and
(2) the applicant provides an electronic mail address or a fax
number that permits the county voter registration office to send
an application not later than the end of the first business day
after the county voter registration office receives the
communication from the voter.
If the electronic mail address or the fax number provided by the voter
does not permit the county voter registration office to send the voter
an application not later than the end of the first business day after the
county voter registration office receives the communication, the
county voter registration office shall send the application to the voter
by United States mail.
(c) When the properly executed and certified affidavit is returned
to the voter registration office and approved under this article, the
applicant becomes a registered voter in the precinct of residence.
As added by P.L.12-1995, SEC.46. Amended by P.L.126-2002,
SEC.25; P.L.66-2010, SEC.2.
IC 3-7-36-6
Procedures upon receipt of application for absentee ballot
Sec. 6. (a) This section does not apply to a voter who files a
combined absentee registration form and absentee ballot request.
(b) When a board of registration receives an application for
registration under section 5 of this chapter and a request for an
absentee ballot application, the board shall promptly deliver the
applicant's request to the circuit court clerk for the mailing of an
application for an absentee ballot.
As added by P.L.12-1995, SEC.46. Amended by P.L.66-2010, SEC.3.
IC 3-7-36-7
Duties of election division when receiving application
Sec. 7. (a) If the election division receives an application for
registration from an absent uniformed services voter or an overseas
voter under this chapter, the election division shall promptly forward
the application to the county voter registration office of the county
where the applicant resides according to the address on the
application.
(b) If the application is a combined application for voter
registration and an application for an absentee ballot, the election
division shall promptly forward the application to the county voter
registration office.
As added by P.L.12-1995, SEC.46. Amended by P.L.3-1997, SEC.95;
P.L.66-2010, SEC.4.
IC 3-7-36-8
Transmission of absentee ballot application upon receipt of request
for application
Sec. 8. (a) This section does not apply to a combined absentee
registration and request for an absentee ballot.
(b) When a circuit court clerk receives a request for an absentee
ballot application, the clerk shall promptly mail the absentee ballot
application (or transmit the application to the voter by electronic mail
or fax if requested by the voter).
As added by P.L.12-1995, SEC.46. Amended by P.L.66-2010, SEC.5.
IC 3-7-36-9
Clerk to forward application to board of registration; recording
information; transmission of absentee ballot application
Sec. 9. (a) If a voter registration application is delivered to the
circuit court clerk in a county where there is a board of registration,
the clerk shall promptly deliver to the board the application
requesting registration.
(b) If the application is a combined application for registration
and an application for an absentee ballot, the clerk shall record the
name, address, and other necessary information for the use of the
county election board or board of elections and registration in
mailing an application for an absentee ballot.
(c) The requested application for an absentee ballot shall be
mailed or transmitted to the applicant by electronic mail or fax if:
(1) requested by the applicant; and
(2) the applicant provides an electronic mail address or a fax
number that permits the board to send an application not later
than the end of the first business day after the board receives the
communication from the voter.
If the electronic mail address or fax number provided by the
applicant does not permit the board to send the application not later
than the end of the first business day after the board receives the
communication, the board shall send the application by United States
mail.
(d) The clerk shall promptly deliver a combined application to the
board. The board shall promptly mail the registration application to
the applicant at the address appearing on the application submitted
by the applicant or transmit the application to the applicant by
electronic mail or fax if:
(1) requested by the applicant; and
(2) the applicant provides an electronic mail address or a fax
number that permits the board to send an application not later
than the end of the first business day after the board receives the
communication from the voter.
If the electronic mail address or fax number provided by the
applicant does not permit the board to send the application not later
than the end of the first business day after the board receives the
communication, the board shall send the application by United States
mail.
As added by P.L.12-1995, SEC.46. Amended by P.L.66-2010, SEC.6.
IC 3-7-36-10
Processing of affidavit or form
Sec. 10. The circuit court clerk or board of registration shall
process an absentee registration affidavit or form received from a
voter described in section 1 of this chapter during the registration
period or during the period beginning on the twenty-ninth day before
the election and ending on the date that the clerk or board prepares
the certified list under IC 3-7-29-1.
As added by P.L.12-1995, SEC.46.
IC 3-7-36-11
Registration of absent uniformed services voters after registration
deadline and before poll lists prepared
Sec. 11. (a) This section applies only to a person described in
subsection (b) who applies to register to vote:
(1) after the date described in IC 3-7-13-11; and
(2) before the date that the certified list of voters is prepared
under IC 3-7-29-1.
(b) An absent uniformed services voter who is absent from
Indiana during the registration period described in IC 3-7-13-10 and
who otherwise would be entitled to register to vote under Indiana law
may, upon returning to Indiana during the period described in
subsection (a) following discharge from service or reassignment,
register to vote by doing the following:
(1) Showing either of the following to the circuit court clerk or
board of registration:
(A) A discharge from service, dated not earlier than the
beginning of the registration period that ended on the date
described in IC 3-7-13-11, of:
(i) the voter;
(ii) the voter's spouse; or
(iii) the individual of whom the voter is a dependent.
(B) A copy of the government movement orders, with a
reporting date not earlier than the beginning of the
registration period that ended on the date described in
IC 3-7-13-11, of:
(i) the voter;
(ii) the voter's spouse; or
(iii) the individual of whom the voter is a dependent.
(2) Completing a registration affidavit.
(c) A voter who registers under this section may vote at the
upcoming election as provided in this title.
As added by P.L.12-1995, SEC.46. Amended by P.L.126-2002,
SEC.26.
IC 3-7-36-12
Repealed
(Repealed by P.L.126-2002, SEC.93.)
IC 3-7-36-13
(Repealed by P.L.126-2002, SEC.93.)
IC 3-7-36-14
Registration of absent uniformed services voters after poll lists
prepared
Sec. 14. (a) This section applies to a person described in
subsection (b) who applies to register to vote during the period:
(1) beginning on the date that the certified list of voters is
prepared under IC 3-7-29-1; and
(2) ending at noon election day.
(b) An absent uniformed services voter who is absent from
Indiana during the registration period described in IC 3-7-13-10 and
who otherwise would be entitled to register to vote under Indiana law
may, upon returning to Indiana during the period described in
subsection (a) following discharge from service or reassignment,
register to vote by doing the following:
(1) Showing either of the following to the county voter
registration office:
(A) A discharge from service, dated not earlier than the
beginning of the registration period that ended on the date
described in IC 3-7-13-11, of:
(i) the voter;
(ii) the voter's spouse; or
(iii) the individual of whom the voter is a dependent.
(B) A copy of the government movement orders, with a
reporting date not earlier than the beginning of the
registration period that ended on the date described in
IC 3-7-13-11, of:
(i) the voter;
(ii) the voter's spouse; or
(iii) the individual of whom the voter is a dependent.
(2) Completing a registration affidavit.
(c) A voter who registers under this section may vote at the
upcoming election only by absentee ballot at the office of the circuit
court clerk at the time the voter registers under this section or at any
time after the voter registers under this section and before noon on
election day. A voter who wants to vote under this subsection must
do both of the following:
(1) Complete an application for an absentee ballot.
(2) Sign an affidavit that the voter has not voted at any other
precinct in the election.
The voter may vote at subsequent elections as otherwise provided in
this title.
(d) If the voter votes by absentee ballot under this section, the
circuit court clerk shall do the following:
(1) Certify in writing that the voter registered under this section.
(2) Attach the certification to the voter's absentee ballot
envelope.
(e) If the county has a board of registration, the board of
registration shall promptly deliver the voter's registration affidavit to
the circuit court clerk to permit the voter to vote under subsection
(c).
(f) If the voter chooses not to vote under subsection (c), the
county voter registration office shall register the voter on the first
day of the next registration period.
As added by P.L.126-2002, SEC.27. Amended by P.L.14-2004,
SEC.47.