2014 Indiana Code TITLE 3. ELECTIONS ARTICLE 11. VOTING METHODS, SUPPLIES, AND EQUIPMENT CHAPTER 2. GENERAL ELECTION BALLOT FORM
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IC 3-11-2
Chapter 2. General Election Ballot Form
IC 3-11-2-0.5
Applicability
Sec. 0.5. (a) This chapter applies only to paper ballots.
(b) This chapter does not apply to:
(1) an electronic voting system; or
(2) an optical scan voting system.
As added by P.L.58-2005, SEC.14. Amended by P.L.164-2006,
SEC.87.
IC 3-11-2-1
Repealed
(Repealed by P.L.14-2004, SEC.196.)
IC 3-11-2-2
Repealed
(Repealed by P.L.1-2006, SEC.588.)
IC 3-11-2-2.1
All candidates and public questions in election districts in county
on ballot
Sec. 2.1. Each county election board shall have the:
(1) names of all candidates for election to offices or retention in
offices; and
(2) state and local public questions;
in election districts wholly or partially within the county printed on
a ballot as provided in this chapter. The county may print all offices
on a single ballot under this section.
As added by P.L.14-2004, SEC.94. Amended by P.L.164-2006,
SEC.88.
IC 3-11-2-3
Requirements of size, quality and color, and thickness
Sec. 3. Each type of ballot must be:
(1) of uniform size;
(2) of the same quality and color of paper; and
(3) sufficiently thick that the printing cannot be distinguished
from the back.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.198;
P.L.194-2013, SEC.42.
IC 3-11-2-4
Repealed
(Repealed by P.L.194-2013, SEC.43.)
IC 3-11-2-5
Name and device; listing of nominees
Sec. 5. The nominees of a:
(1) major political party;
(2) political party described by IC 3-8-4-10; or
(3) group of petitioners under IC 3-8-6 who are identified by the
petition as the nominees of a political party;
shall be listed on the ballots under the name of the party or
petitioners as designated by them in their certificate or petition. If the
same device is selected by two (2) parties it shall be given to the
party that first filed the device under IC 3-8-7-11.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.200;
P.L.230-2005, SEC.50.
IC 3-11-2-6
Name and device; order; political party; write-in voting
Sec. 6. (a) The device named and list of nominees shall be placed
on the ballots as follows:
(1) The major political party whose candidate received the
highest number of votes in the county for secretary of state at
the last election in the first column or row on the left side of all
ballots.
(2) The major political party whose candidate received the
second highest number of votes in the county for secretary of
state at the last election in the second column or row.
(3) Any other political party in the same order.
(b) If a political party did not have a candidate for secretary of
state in the last election or a nominee is an independent candidate (or
an independent ticket for President and Vice President of the United
States or for governor and lieutenant governor), the party or
independent candidate or ticket shall be placed on the ballot after the
parties described in subsection (a). If more than one (1) political
party or independent candidate or ticket that has qualified to be on
the ballot did not have a candidate for secretary of state in the last
election, those parties, candidates, or tickets shall be listed on the
ballot in the order in which the party filed its petition of nomination
under IC 3-8-6-12.
(c) Subject to subsection (e), a column or row for write-in voting
shall be placed to the right of all party and independent columns on
the ballot.
(d) This subsection applies to a county having a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000). If there is insufficient room on a row to
list each candidate of a political party, a second or subsequent row
may be utilized. However, a second or subsequent row may not be
utilized unless the first row, and all preceding rows, have been filled.
(e) A column or row for write-in voting for an office is not
required if there are no declared write-in candidates for that office.
However, procedures must be implemented to permit write-in voting
for candidates for federal offices.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.201;
P.L.7-1991, SEC.4; P.L.4-1991, SEC.60; P.L.12-1992, SEC.7;
P.L.3-1993, SEC.115; P.L.14-2004, SEC.95.
IC 3-11-2-7
Cautionary statement
Sec. 7. The following statement shall be printed in underlined
print at the extreme top of a ballot to be used in an election covered
by this title: "It is a crime to falsify this ballot or to violate Indiana
election laws.".
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.202;
P.L.221-2005, SEC.40.
IC 3-11-2-8
Instructions; form, location, and contents
Sec. 8. All written or printed instructions must be at the top of the
ballot immediately below the statement required by section 7 of this
chapter. No other instructions or writing may appear at any other
place on the ballot, including the ballot for federal and state offices,
except as specified by this title. The instructions must be in English
and any other language that the board considers necessary, clear,
concise, and written so that a voter will not be confused about the
effect of the voter's voting mark and vote.
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.16;
P.L.3-1987, SEC.203; P.L.221-2005, SEC.41.
IC 3-11-2-9
Device of political parties or independent ticket
Sec. 9. The device of each political party or independent ticket
described in section 6 of this chapter shall be:
(1) enclosed in a circle not less than three-fourths (3/4) of an
inch in diameter; and
(2) placed under the name of the party or independent ticket, as
required by section 10 of this chapter.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.204;
P.L.3-1993, SEC.116; P.L.14-2004, SEC.96.
IC 3-11-2-10
Arrangement of ballot
Sec. 10. (a) Public questions shall be placed on the general
election ballot in the following order after the statement described in
section 7 of this chapter, and the instructions described in
subsections (d) and (e) and section 8 of this chapter:
(1) Ratification of a state constitutional amendment.
(2) Local public questions.
Each public question shall be placed in a separate column on the
ballot.
(b) The name or title of the political party or independent ticket
described in section 6 of this chapter shall be placed on the general
election ballot after the public questions described in subsection (a).
The device of the political party or independent ticket shall be placed
immediately under the name of the political party or independent
ticket. The instructions for voting a straight party ticket shall be
placed to the right of the device.
(c) The instructions for voting a straight party ticket must conform
as nearly as possible to the following: "To vote a straight (insert
political party name) ticket for all (insert political party name)
candidates on this ballot, make a voting mark on or in this circle and
do not make any other marks on this ballot. If you wish to vote for a
candidate seeking a nonpartisan office or on a public question, you
must make another voting mark on the appropriate place on this
ballot.".
(d) If the ballot contains an independent ticket described in
section 6 of this chapter and at least one (1) other independent
candidate, the ballot must also contain a statement that reads
substantially as follows: "A vote cast for an independent ticket will
only be counted for the candidates for President and Vice President
or governor and lieutenant governor comprising that independent
ticket. This vote will NOT be counted for any OTHER independent
candidate appearing on the ballot.".
(e) The ballot must also contain a statement that reads
substantially as follows: "A write-in vote will NOT be counted
unless the vote is for a DECLARED write-in candidate. To vote for
a write-in candidate, you must make a voting mark on or in the
square to the left of the name you have written in or your vote will
not be counted.".
(f) The list of candidates of the political party shall be placed
immediately under the instructions for voting a straight party ticket.
The names of the candidates shall be placed three-fourths (3/4) of an
inch apart from center to center of the name. The name of each
candidate must have, immediately on its left, a square three-eighths
(3/8) of an inch on each side.
(g) The circuit court clerk may authorize the printing of ballots
containing a ballot variation code to ensure that the proper version
of a ballot is used within a precinct.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.205;
P.L.3-1993, SEC.117; P.L.4-1996, SEC.60; P.L.3-1997, SEC.258;
P.L.14-2004, SEC.97; P.L.58-2005, SEC.15; P.L.190-2011, SEC.4;
P.L.219-2013, SEC.30.
IC 3-11-2-11
Repealed
(Repealed by P.L.3-1993, SEC.282.)
IC 3-11-2-11.5
Names of write-in candidates not printed on ballot
Sec. 11.5. The name of a write-in candidate may not be printed on
any ballot.
As added by P.L.3-1997, SEC.259.
IC 3-11-2-12
Ballot order of offices
Sec. 12. The following offices shall be placed on the general
election ballot in the following order after the public questions
described in section 10(a) of this chapter:
(1) Federal and state offices:
(A) President and Vice President of the United States.
(B) United States Senator.
(C) Governor and lieutenant governor.
(D) Secretary of state.
(E) Auditor of state.
(F) Treasurer of state.
(G) Attorney general.
(H) Superintendent of public instruction.
(I) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified
under IC 33, with each division separate if there is more than
one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise
specified under IC 33, with each division separate if there is
more than one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Prosecuting attorney.
(E) Clerk of the circuit court.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner. This clause applies only to a
county that is not subject to IC 36-2-2.5.
(I) Single county executive. This clause applies only to a
county that is subject to IC 36-2-2.5.
(J) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in
IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council
member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
As added by P.L.3-1987, SEC.207. Amended by P.L.8-1989, SEC.8;
P.L.3-1997, SEC.260; P.L.14-2004, SEC.98; P.L.98-2004, SEC.37;
P.L.2-2005, SEC.4; P.L.146-2008, SEC.6; P.L.190-2011, SEC.5;
P.L.201-2011, SEC.5; P.L.6-2012, SEC.9; P.L.77-2014, SEC.5.
IC 3-11-2-12.2
Order of districts and candidates on ballot
Sec. 12.2. (a) Whenever candidates are to be elected to an office
that includes more than one (1) district, the districts shall be placed
on the ballot in alphabetical or numerical order, according to the
designation given to the district.
(b) Whenever candidates are to be elected to an office that
includes both an at-large member and a member representing a
district, the candidates seeking election as an at-large member shall
be placed on the ballot before candidates seeking election to
represent a district.
As added by P.L.4-1996, SEC.61.
IC 3-11-2-12.5
Ballot order; alternative order of county offices
Sec. 12.5. Notwithstanding section 12 of this chapter, the county
election board may alter the prescribed ballot order to place the
names of the candidates for the following offices before the names
of the candidates for county judicial offices:
(1) Prosecuting attorney.
(2) Clerk of the circuit court.
(3) The county offices listed in section 12(4) of this chapter.
As added by P.L.4-1991, SEC.61.
IC 3-11-2-12.7
Ballot order; candidates for at-large seats on fiscal or legislative
body of political subdivision
Sec. 12.7. (a) This section applies to candidates for election to
at-large seats on the fiscal or legislative body of a political
subdivision.
(b) Candidates shall be listed in alphabetical order according to
surname within each row or column on the ballot.
(c) In each row or column on the ballot in which the names of
candidates appear, the ballot shall contain a statement reading
substantially as follows above the name of the first candidate: "Vote
for not more than (insert number of candidates to be elected)
candidates of ANY party for this office.".
(d) If more than one (1) candidate for an at-large seat was
nominated by the same petition of nomination, these candidates shall
be listed in alphabetical order by surname within the same row or
column on the ballot, with the position of the row or column being
determined under section 6 of this chapter.
As added by P.L.3-1997, SEC.261. Amended by P.L.14-2004,
SEC.99; P.L.164-2006, SEC.89.
IC 3-11-2-12.8
Repealed
(Repealed by P.L.146-2008, SEC.801.)
IC 3-11-2-12.9
Ballot order; school board offices
Sec. 12.9. (a) School board offices to be elected at the general
election shall be placed on the general election ballot after the offices
described in section 12 of this chapter with each candidate for the
office designated as "nonpartisan".
(b) If the ballot contains a candidate for a school board office, the
ballot must also contain a statement that reads substantially as
follows: "To vote for a candidate for this office, make a voting mark
on or in the square to the left of the candidate's name.".
As added by P.L.83-1999, SEC.1. Amended by P.L.58-2005, SEC.16;
P.L.190-2011, SEC.6; P.L.194-2013, SEC.44.
IC 3-11-2-13
Ballot order; retention of justice or appellate judge
Sec. 13. (a) The following offices shall be placed on the general
election ballot in the following order after the offices described in
section 12.9 of this chapter:
(1) Retention of a justice of the supreme court.
(2) Retention of a judge of the court of appeals.
(3) Retention of the judge of the tax court.
(b) Whenever more than one (1) justice of the supreme court is
subject to retention, the name of each justice must appear on the
ballot in alphabetical order. However, if the justice serving as chief
justice is subject to retention, the chief justice's name must appear
first.
(c) Whenever more than one (1) judge of the court of appeals is
subject to retention, the name of each judge must appear on the ballot
in alphabetical order. However, if the judge serving as chief judge is
subject to retention, the chief judge's name must appear first.
(d) These offices shall be placed in a separate column on the
ballot.
As added by P.L.3-1987, SEC.208. Amended by P.L.4-1991, SEC.62;
P.L.83-1999, SEC.2; P.L.58-2005, SEC.17; P.L.190-2011, SEC.7.
IC 3-11-2-14
Ballot order; other judicial offices
Sec. 14. (a) The following offices shall be placed on the general
election ballot in the following order after the offices described in
section 13 of this chapter:
(1) Retention of a local judge.
(2) Local nonpartisan judicial offices.
(b) These offices shall be placed in a separate column on the
ballot.
(c) If the ballot contains a candidate for a local nonpartisan
judicial office, the ballot must also contain a statement that reads
substantially as follows: "To vote for a candidate for this office,
make a voting mark on or in the square to the left of the candidate's
name.".
(d) If more than one (1) question concerning the retention of a
local judge is to be placed on a ballot, the questions shall be placed
on the ballot:
(1) in alphabetical order according to the surname of the local
judge; and
(2) identifying the court (including division or room) in which
the judge serves.
As added by P.L.3-1987, SEC.209. Amended by P.L.4-1996, SEC.62;
P.L.83-1999, SEC.3; P.L.58-2005, SEC.18; P.L.190-2011, SEC.8.
IC 3-11-2-14.5
Ballot order; candidates for at-large seats on governing body of
school corporation
Sec. 14.5. (a) This section applies to candidates for election to
at-large seats on the governing body of a school corporation.
(b) Candidates shall be listed in alphabetical order according to
surname.
(c) The ballot shall contain a statement reading substantially as
follows above the name of the first candidate: "Vote for no more than
(insert number of candidates to be elected) candidates for this
office.".
As added by P.L.3-1997, SEC.262.
IC 3-11-2-15
Form of public question
Sec. 15. (a) A public question shall be placed on the general
election ballot in the following form:
(The explanatory text for the public question,
if required by law)
"Shall (insert public question)?"
[] YES
[] NO
(b) In addition to any other explanatory text required by law, the
ballot must also contain a statement that reads substantially as
follows: "To vote on this public question, make a voting mark on or
in the square to the left of the word "YES" or "NO".".
(c) Except as expressly authorized or required by statute, the
commission, the election division, or a county election board may not
authorize the printing or use of ballots that contain language
concerning the public question other than the language authorized by
a statute.
As added by P.L.3-1987, SEC.210. Amended by P.L.4-1996, SEC.63;
P.L.3-1997, SEC.263.
IC 3-11-2-16
Errors or omissions in ballot; determination by election board;
reprint or use of defective ballot
Sec. 16. (a) If an election board determines that a ballot printed
under the authority of the election board does not comply with a
requirement imposed by this title or contains any other error or
omission that might result in confusion or mistakes by voters, the
board shall:
(1) reprint or correct the ballot; or
(2) conduct a public hearing concerning the defective ballots.
(b) The board may conduct the hearing after informing each
political party, ticket, or candidate that the board determines may
have an interest in the matter.
(c) At the hearing, the board shall hear any testimony offered by
a person concerning the defective ballots and shall make findings of
fact concerning the following:
(1) The number of ballots, if any, containing the error or
omission that have already been cast.
(2) The cost of correcting the error through the use of reprinted
ballots or any other suitable method.
(3) Whether the error or omission would be likely to cause
confusion or mistakes by voters.
(4) Whether any voter objects to the use of the ballots,
notwithstanding the error or omission.
(d) If:
(1) a voter does not file a written objection to the use of the
ballots with the board before the board concludes the hearing;
and
(2) the board determines that the use of the ballots would not be
likely to cause confusion or mistakes by voters;
the board shall authorize the use of the defective ballots,
notwithstanding the error or omission.
(e) If:
(1) a voter files a written objection to the use of the ballots with
the board before the board concludes the hearing; or
(2) the board determines that the use of the ballots would be
likely to cause confusion or mistakes by voters;
the board shall order the ballots to be reprinted or altered to conform
with the requirements of this title.
(f) If the board acts under subsection (a) or (e), a voter who has
already voted a defective ballot by absentee ballot is entitled to recast
the voter's ballot in accordance with IC 3-11-10-1.5 or IC 3-11.5-4-2.
Notwithstanding the issuance of an order under subsection (e), a
defective ballot shall be counted if the intent of the voter can be
determined and the ballot would otherwise be counted under
IC 3-12-1.
As added by P.L.3-1993, SEC.118. Amended by P.L.3-1997,
SEC.264; P.L.225-2011, SEC.52; P.L.194-2013, SEC.45.
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