2011 Indiana Code
TITLE 3. ELECTIONS
ARTICLE 10. PROVISIONS GOVERNING CERTAIN TYPES OF ELECTIONS
CHAPTER 12. SPECIAL PROCEDURES FOR CERTAIN INDIANA VOTERS TO VOTE IN PRECINCT OF FORMER RESIDENCE UNDER NVRA
Chapter 12. Special Procedures for Certain Indiana Voters to Vote in Precinct of Former Residence Under NVRA
Purpose of chapter
Sec. 1. This chapter:
(1) prescribes the procedure for certain voters to cast ballots under 42 U.S.C. 1973gg-6(e)(2) in a precinct where the voter formerly resided; and
(2) is enacted to implement Article 2, Section 2(c) of the Constitution of the State of Indiana.
As added by P.L.12-1995, SEC.70. Amended by P.L.176-1999, SEC.64.
Applicability of chapter
Sec. 2. This chapter applies to a general, municipal, primary, school district, and special election.
As added by P.L.12-1995, SEC.70.
(Repealed by P.L.230-2005, SEC.91.)
Voter who changes residence voting in municipal election
Sec. 3.4. (a) This section applies to a voter who:
(1) changes residence from a precinct in a county to another precinct:
(A) in the same county; and
(B) in the same congressional district;
as the former precinct; and
(2) does not notify the county voter registration office of the change of address before election day.
(b) A voter described by subsection (a) may:
(1) correct the voter registration record; and
(2) vote in the precinct where the voter formerly resided;
if the voter makes an oral affirmation as described in subsection (e) or a written affirmation as described in section 4 of this chapter of the voter's current residence address.
(c) A voter who moved outside of a municipality may not return to the precinct where the voter formerly resided to vote in a municipal election.
(d) A voter who moved from a location outside a municipality to a location within a municipality within thirty (30) days before a:
(1) municipal primary election;
(2) municipal election; or
(3) special election held only within the municipality;
may not vote in the election in the precinct of the person's former
(e) A voter entitled to make a written affirmation under subsection (b) may make an oral affirmation. The voter must make the oral affirmation before the poll clerks of the precinct. After the voter 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.230-2005, SEC.47.
Affirmation must include voter identification number
Sec. 3.5. The written affirmation described in section 3.4 of this chapter must include the person's voter identification number to permit transfer of the registration under IC 3-7-13-13.
As added by P.L.209-2003, SEC.104. Amended by P.L.230-2005, SEC.48; P.L.164-2006, SEC.80.
IC 3-10-12-4 SEC.49.
Execution of written affirmation
Sec. 4. (a) The written affirmation described in section 3.4 of this chapter may be executed as follows:
(1) At the county voter registration office for the county of the precinct of the person's former residence, not later than 4 p.m. on the day before the election.
(2) Before the inspector of the precinct of the person's former residence, if the application and statement are executed on the day of the election.
(3) When the application for an absentee ballot is filed with the county election board of the county of the precinct of the person's former residence.
(b) If the person executes the affidavit under this section at the county voter registration office before the day of the election, the office shall furnish a copy of the affirmation to the person. The person shall present the copy to the inspector of the precinct of the person's former residence when the person offers to vote in that precinct under IC 3-11-8.
(c) If the person executes the affirmation under this section when filing an application for an absentee ballot, the county election board shall attach the original or a copy of the affirmation to the person's application for an absentee ballot before the application and ballot are delivered to the inspector of the precinct of the person's former residence.
(d) If the person executes the affirmation under this section before the inspector of the precinct of the person's former residence on the day of the election, the inspector shall return the original affirmation to the county election board. The county election board shall forward the affidavit to the county voter registration office after the closing of the polls.
As added by P.L.3-1995, SEC.93. Amended by P.L.230-2005,
Voter making affirmation challenged as ineligible; provisional ballot; sufficiency of affidavit
Sec. 5. If a voter makes an oral or a written affirmation under 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 oral or written affirmation made 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.81.
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