CHAPTER 48. DETERMINING REGISTRATION STATUS ON ELECTION DAY
IC 3-7-48
Chapter 48. Determining Registration Status on Election Day
IC 3-7-48-1
Certificate of error; proof of registration; eligibility to cast
provisional ballot
Sec. 1. (a) Except as otherwise provided by NVRA or in this
chapter, a person whose name does not appear on the registration
record may not vote, unless the circuit court clerk or board of
registration provides a signed certificate of error in the office where
the permanent registration record is kept showing that the voter is
legally registered in the precinct where the voter resides.
(b) A person whose name does not appear on the registration
record may cast a provisional ballot as provided in IC 3-11.7.
As added by P.L.12-1995, SEC.58. Amended by P.L.126-2002,
SEC.28.
IC 3-7-48-2
Certificate of error; issuance and execution
Sec. 2. A certificate of error issued under section 1 of this chapter:
(1) may be issued at any time after the production of the
certified list under IC 3-7-29;
(2) shall be executed by the circuit court clerk, or in a county
with a board of registration, by both members of the board; and
(3) shall be numbered serially in the method prescribed for
entry in the computerized list maintained under IC 3-7-26.3.
As added by P.L.12-1995, SEC.58. Amended by P.L.81-2005,
SEC.29.
IC 3-7-48-3
Certificate of error; delivery
Sec. 3. One (1) copy of the certificate of error shall be delivered
to the inspector of the precinct of the voter's residence. The inspector
shall return that copy to the circuit court clerk with other election
material at the close of the polls as provided in this title. The other
copy shall be delivered to the county election board and returned to
the circuit court clerk when the polls are closed.
As added by P.L.12-1995, SEC.58.
IC 3-7-48-4
Certificate of error; transmittal
Sec. 4. In a county with a board of registration, the circuit court
clerk or board of registration shall promptly transmit all certificates
of error to the board of registration.
As added by P.L.12-1995, SEC.58.
IC 3-7-48-5
Affirmation regarding residency
Sec. 5. (a) This section applies to a voter who:
(1) formerly resided in a precinct according to the voter
registration record; and
(2) no longer resides in that precinct according to the voter
registration record.
(b) As provided under 42 U.S.C. 1973gg-6(e)(3), a voter
described by subsection (a) may vote in the precinct where the voter
formerly resided (according to the voter registration record) if the
voter makes an oral or a written affirmation to a member of the
precinct election board that the voter continues to reside at the
address shown as the voter's former residence on the voter
registration record.
(c) A person entitled to make a written affirmation under
subsection (b) may make an oral affirmation. The person must make
the oral affirmation before the poll clerks of the precinct. After the
person makes an oral affirmation under this subsection, the poll
clerks shall:
(1) reduce the substance of the affirmation to writing at an
appropriate location on the poll list; and
(2) initial the affirmation.
As added by P.L.12-1995, SEC.58.
IC 3-7-48-6
Removal of incorrect name
Sec. 6. If a voter casts a ballot under section 5 of this chapter, the
inspector of the precinct shall immediately contact the circuit court
clerk or board of registration of the county. The clerk or board shall
promptly contact the precinct election board of any precinct in which
the voter's name is incorrectly shown on the rolls, and order the
precinct election board to remove the name of the voter from the
registration record of that precinct.
As added by P.L.12-1995, SEC.58.
IC 3-7-48-7
Written affirmation of residence in precinct
Sec. 7. (a) A voter shall be permitted to vote in a precinct upon
written affirmation of the voter's residence in the precinct if:
(1) the voter produces a registration receipt indicating that the
voter completed a registration form at a license branch or voter
registration agency under this article on a date within the
registration period;
(2) the county voter registration office advises the precinct
election board that the office:
(A) approved the application; or
(B) has no record of either approving or rejecting the
application; and
(3) the voter completes a registration application form and
provides the completed form to the precinct election board
before voting.
(b) A county election board shall provide each precinct election
board with a sufficient number of the registration forms for the
purposes described in subsection (a). The precinct election board
shall attach the completed registration forms to the poll list for
processing by the county voter registration office under
IC 3-10-1-31.1.
As added by P.L.12-1995, SEC.58. Amended by P.L.3-1997,
SEC.109; P.L.14-2004, SEC.51; P.L.164-2006, SEC.54.
IC 3-7-48-7.5
Voter making affirmation challenged as ineligible; provisional
ballot; sufficiency of affidavit
Sec. 7.5. If a voter makes an oral or a written affirmation under
section 5 or 7 of this chapter and is then challenged under IC 3-10-1
or IC 3-11-8 as ineligible to vote in the precinct, the voter shall be
provided with a provisional ballot under IC 3-11.7 rather than a
regular official ballot. The affidavit executed under this chapter
serves as a sufficient affidavit for the voter to receive a provisional
ballot under IC 3-11.7.
As added by P.L.164-2006, SEC.55.
IC 3-7-48-8
Addition of name and address to poll list; name to county
registration record
Sec. 8. (a) The precinct election board shall add the name and
address of a voter described by section 7 of this chapter to the poll
list of the precinct.
(b) The county voter registration office shall add the name of a
voter described by section 7 of this chapter to the registration record
of the county.
As added by P.L.12-1995, SEC.58. Amended by P.L.66-2003,
SEC.10.
IC 3-7-48-9
Notice after permission to vote given
Sec. 9. The circuit court clerk or board of registration of a county
in which a voter cast a ballot under section 7 of this chapter shall
notify the NVRA official and the governing body of the voter
registration agency not later than seven (7) days after the election is
conducted.
As added by P.L.12-1995, SEC.58. Amended by P.L.2-1996, SEC.81.
IC 3-7-48-10
Investigation regarding voting with permission
Sec. 10. The NVRA official shall investigate the incident reported
by the circuit court clerk or board of registration under section 9 of
this chapter and determine if:
(1) the voter had properly registered at the license branch or
agency; and
(2) a violation of NVRA or this article occurred.
As added by P.L.12-1995, SEC.58. Amended by P.L.2-1996, SEC.82.