2014 Indiana Code TITLE 3. ELECTIONS ARTICLE 11. VOTING METHODS, SUPPLIES, AND EQUIPMENT CHAPTER 8. VOTING PROCEDURES GENERALLY
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IC 3-11-8
Chapter 8. Voting Procedures Generally
IC 3-11-8-0.1
Effect of certain amendments to chapter
Sec. 0.1. The amendments made to sections 2 and 6 of this chapter
by P.L.4-1991 apply to elections held after December 31, 1991.
As added by P.L.220-2011, SEC.13.
IC 3-11-8-1
Application of chapter
Sec. 1. This chapter applies to each precinct.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-1.2
"Facility" and "accessible facility" defined; facility standards
Sec. 1.2. (a) As used in this section, "facility" refers to the facility
in which a polling place is located.
(b) For purposes of this chapter, a facility is an "accessible
facility" for elderly voters and voters with disabilities only if the
following apply:
(1) The facility meets the standards for accessibility for elderly
voters and voters with disabilities established under 42 U.S.C.
1973ee through 42 U.S.C. 1973ee-6.
(2) All the following are accessible to elderly voters and voters
with disabilities in a manner that provides the same opportunity
for access and participation (including privacy and
independence) as for other voters:
(A) Parking spaces marked and available to conform with
IC 5-16-9.
(B) The path to the facility that an individual must travel on
the property where the facility is located.
(C) The entrances of the facility to be used by voters.
(D) The paths of travel within the facility to the rooms or
areas where the voting systems are located.
(E) The rooms or areas in the facility where the voting
systems are located.
(c) The requirements of subsection (b) are satisfied if a facility
will comply with subsection (b) by implementing temporary
measures.
As added by P.L.116-2003, SEC.3.
IC 3-11-8-2
Voting in precinct of residence
Sec. 2. A voter shall vote at the polls for the precinct where the
voter resides except when authorized to vote in another precinct
under IC 3-10-10, IC 3-10-11, or IC 3-10-12.
As added by P.L.5-1986, SEC.7. Amended by P.L.10-1988, SEC.107;
P.L.4-1991, SEC.86; P.L.17-1993, SEC.13; P.L.12-1995, SEC.80;
P.L.116-2003, SEC.4; P.L.225-2011, SEC.56.
IC 3-11-8-3
County executive secures voting polls; accessible facility;
inapplicability to vote center counties
Sec. 3. (a) This section does not apply to a county using vote
centers under IC 3-11-18.1.
(b) Before each election each county executive shall secure for
each precinct of the county an accessible facility in which to hold the
election.
(c) If an accessible facility is not available within the precinct,
then the polls may be located in another precinct in the county if the
polls are:
(1) either:
(A) not more than five (5) miles from the closest boundary
of the precinct for which it is the polls; or
(B) located in the same township as the precinct that does
not have an accessible facility available; and
(2) located in an accessible facility.
(d) If the county election board, by a unanimous vote of its entire
membership, determines that an accessible facility is not available
under subsection (c), the board may locate the polls in the most
convenient available accessible facility in the county.
(e) If the county election board, by unanimous vote of its entire
membership, determines that:
(1) an accessible facility is not available under subsection (c) or
(d); and
(2) the most convenient accessible facility is located in an
adjoining county;
the board may locate the polls in the facility described in subdivision
(2) with the unanimous consent of the entire membership of the
county election board of the county in which the facility is located.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.251;
P.L.3-1993, SEC.144; P.L.1-1994, SEC.5; P.L.2-1996, SEC.183;
P.L.3-1997, SEC.295; P.L.116-2003, SEC.5; P.L.230-2005, SEC.52;
P.L.258-2013, SEC.72.
IC 3-11-8-3.1
Designation of polls
Sec. 3.1. (a) A county executive shall designate the polls for each
precinct not less than twenty-nine (29) days before election day.
(b) The designation of a polling place under this section remains
in effect until:
(1) the location of the polling place is altered by an order of the
county executive or county election board under this chapter; or
(2) a precinct establishment order issued under IC 3-11-1.5:
(A) designates a new polling place location; or
(B) combines the existing precinct with another precinct
established by the order.
As added by P.L.13-1988, SEC.8. Amended by P.L.4-1991, SEC.87;
P.L.12-1995, SEC.81; P.L.3-1997, SEC.296; P.L.116-2003, SEC.6;
P.L.225-2011, SEC.57.
IC 3-11-8-3.2
Polls; notice of location; change of location
Sec. 3.2. (a) A county executive shall give ten (10) days notice of
the place of voting in each precinct by publication in the manner
prescribed by IC 5-3-1-4. The notice must state whether the polls are
located in an accessible facility.
(b) If it is necessary to change a place for voting after giving
notice, notice of the change shall be given in the same manner.
However, except as provided in subsection (c), a change may not be
made within two (2) days before an election.
(c) If the county election board determines by a unanimous vote
of the board's entire membership that the use of a polling place at an
election would be dangerous or impossible, the county election board
may order the relocation of the polling place during the final two (2)
days before an election. The county election board shall give the best
possible notice of this change to news media and the voters of the
precinct. If an order is adopted under this subsection, the order
expires after the election.
As added by P.L.13-1988, SEC.9. Amended by P.L.3-1993, SEC.145;
P.L.116-2003, SEC.7; P.L.225-2011, SEC.58.
IC 3-11-8-3.4
County applications to Secretary of Health and Human Services to
make polling places accessible and provide information to voters
with disabilities
Sec. 3.4. (a) As authorized under 42 U.S.C. 15421, a county
election board may apply on behalf of a county to the Secretary of
Health and Human Services for payments under HAVA (42 U.S.C.
15421 through 15425) to do the following:
(1) Make polling places (including the path of travel, entrances,
exits, and voting areas of each polling place) more accessible to
individuals with disabilities, including the blind and visually
impaired, in a manner that provides the same opportunity for
access and participation (including privacy and independence)
as other voters.
(2) Provide individuals with disabilities and other individuals
described in subdivision (1) with information about the
accessibility of polling places, including outreach programs to
inform the individuals about the availability of accessible
polling places and training election officials, poll workers, and
election volunteers on how best to promote the access and
participation of individuals with disabilities in elections.
(b) If a county election board submits an application under
subsection (a), the application must:
(1) comply with 42 U.S.C. 15423; and
(2) be filed with the election division not later than the
submission of the application under subsection (a).
(c) If a county election board receives payments from the
Secretary of Health and Human Services under 42 U.S.C. 15421
through 15425, the payments shall be deposited in the county general
fund and appropriated to the county election board for the purposes
described in the application. The county election board shall spend
the money for the purposes described in the application.
(d) As required by 42 U.S.C. 15425, the county election board
shall file a report with the Secretary of Health and Human Services
regarding the activities conducted with these funds and the
expenditures made with respect to the categories listed in subsection
(a)(1) and (a)(2). The county election board shall file a copy of the
report with the election division and the state board of accounts not
later than the date the report is submitted under this subsection.
As added by P.L.209-2003, SEC.128.
IC 3-11-8-4
Public buildings to be available for holding election
Sec. 4. School buildings, fire stations, and all other public
buildings shall be made available without charge to a county for
holding an election. The county may not be required to sign any
agreement assuming liability as a precondition for use of the public
building.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1997, SEC.297.
IC 3-11-8-4.1
Location of polls; one place per precinct; inapplicability to vote
center counties
Sec. 4.1. (a) This section does not apply to a county using vote
centers under IC 3-11-18.1.
(b) The polls for each precinct may be located in only one (1)
place.
As added by P.L.13-1988, SEC.10. Amended by P.L.258-2013,
SEC.73.
IC 3-11-8-4.2
Repealed
(Repealed by P.L.116-2003, SEC.11.)
IC 3-11-8-4.3
Location of polls in adjoining precinct
Sec. 4.3. (a) If the county election board adopts an order by the
unanimous vote of the entire membership of the board, the county
executive may locate the polls for the precinct at the polls for an
adjoining precinct, using the precinct election board of the adjoining
precinct.
(b) An order adopted under this section expires December 31 after
the date the order was adopted.
(c) If a precinct election board administers more than one (1)
precinct under this section, the board shall keep the ballots cast in
each precinct separate from ballots cast in any other precinct, so that
the votes cast for each candidate and on each public question in each
of the precincts administered by the board may be determined.
As added by P.L.13-1988, SEC.12. Amended by P.L.5-1989, SEC.53;
P.L.12-1995, SEC.82; P.L.14-2004, SEC.115; P.L.230-2005,
SEC.53.
IC 3-11-8-5
Election not to be held in room where alcoholic beverages kept or
sold
Sec. 5. An election may not be held in a room in which alcoholic
beverages are kept or sold.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-6
Requirement to locate polls in accessible facility
Sec. 6. The county executive shall locate the polls for each
precinct in an accessible facility.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.252;
P.L.10-1988, SEC.108; P.L.4-1991, SEC.88; P.L.2-1996, SEC.184;
P.L.3-1997, SEC.298; P.L.38-1999, SEC.42; P.L.116-2003, SEC.8;
P.L.225-2011, SEC.59.
IC 3-11-8-6.3
Polls may not be located in facility in which polls or chute contain
a display visible to voter of political preference, party allegiance,
or pictures, photographs, or other likeness of currently elected
official
Sec. 6.3. (a) The polls may not be located in a structure on or in
which is affixed any display visible to a voter of political preference
or party allegiance. Except as provided in subsection (b), this section
does not prohibit the location of the polls in a structure that includes
any pictures, photographs, or other likenesses of any currently
elected federal, state, county, or local official.
(b) The polls may not be located in a structure in which the polls
or chute contain any display visible to the voter of political
preference or party allegiance, including any pictures, photographs,
or other likenesses of any currently elected federal, state, county, or
local official.
As added by P.L.194-2013, SEC.56. Amended by P.L.258-2013,
SEC.74.
IC 3-11-8-6.5
Repealed
(Repealed by P.L.225-2011, SEC.93.)
IC 3-11-8-7
Preparation of polls for election
Sec. 7. In preparing the polls for an election, the county executive
shall:
(1) have placed within the room a railing separating the part of
the room to be occupied by the precinct election board from that
part of the room to be occupied by the ballot card voting
systems, electronic voting systems, and the three (3) or more
booths or compartments for marking paper ballots, whenever
either or two (2) of these voting systems are used;
(2) ensure that the portion of the room set apart for the precinct
election board includes a designated area before the voter
approaches the precinct election board at which each voter
appears for challenge; and
(3) provide a method or material for designating the boundaries
of the chute, such as a railing, rope, or wire on each side,
beginning a distance equal to the length of the chute (as defined
in IC 3-5-2-10) away from and leading to the door for challenge
and to the room in which the election is held.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.253;
P.L.69-2003, SEC.4; P.L.221-2005, SEC.65; P.L.64-2014, SEC.44.
IC 3-11-8-8
Poll time on election day
Sec. 8. The polls in each precinct open at 6 a.m. and close at 6
p.m. on election day.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-9
Proclamation of opening and closing of polls
Sec. 9. The inspector of each precinct shall proclaim the opening
and closing of the polls to the people outside the polls in a loud tone
of voice.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-10
Precinct record to be made by poll clerks; contents
Sec. 10. The poll clerks of each precinct shall make a record of:
(1) the inspector's proclamation of the closing of the polls; and
(2) the time the proclamation was made.
The poll clerks shall enter the record required by this section on the
tally papers. After the record has been made no more voters may vote
except as provided in section 11 of this chapter.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-10.3 Version a
Electronic poll list; requirements
Note: This version of section effective until 4-1-2014. See also
following version of this section, effective 4-1-2014.
Sec. 10.3. (a) As used in this section, "electronic poll list" refers
to a poll list that is maintained in a computer data base.
(b) An electronic poll list must satisfy all of the following:
(1) An electronic poll list must be programmed so that the
coordinated action of two (2) election officers who are not
members of the same political party is necessary to access the
electronic poll list.
(2) An electronic poll list may not be connected to a voting
system.
(3) An electronic poll list may not permit access to voter
information other than:
(A) information provided on the certified list of voters
prepared under IC 3-7-29-1; or
(B) information concerning any of the following received or
issued after the electronic poll list has been downloaded by
the county election board under IC 3-7-29-6:
(i) The county's receipt of an absentee ballot from the
voter.
(ii) The county's receipt of additional documentation
provided by the voter to the county voter registration
office.
(iii) The county's issuance of a certificate of error.
(4) The information contained on an electronic poll list must be
encrypted and placed on a dedicated, private server to secure
connectivity between a precinct polling place or satellite
absentee office and the county election board. The electronic
poll book must have the capability of:
(A) storing (in external or internal memory) a local version
of the data base; and
(B) producing a list of audit records that reflect all of the
idiosyncrasies of the system, including in-process audit
records that set forth all transactions.
(5) The electronic poll list must permit a poll clerk to enter
information regarding an individual who has appeared to vote
to verify whether the individual is eligible to vote, and if so,
whether the voter has:
(A) already cast a ballot at the election;
(B) returned an absentee ballot; or
(C) submitted any additional documentation required under
IC 3-7-33-4.5.
(6) After the voter has been provided with a ballot, the
electronic poll list must permit a poll clerk to enter information
indicating that the voter has voted at the election.
(7) The electronic poll list must transmit the information in
subdivision (6) to the county election board so that the board
may transmit the information immediately to every other polling
place or satellite absentee office in the county in which an
electronic poll list is being used.
(8) The electronic poll list must permit reports to be:
(A) generated by a county election board for a watcher
appointed under IC 3-6-8 at any time during election day;
and
(B) electronically transmitted by the county election board
to a political party or independent candidate who has
appointed a watcher under IC 3-6-8.
(9) On each day after absentee ballots are cast before an
absentee voter board in the circuit court clerk's office, a satellite
office, or a vote center, and after election day, the electronic
poll list must permit voter history to be quickly and accurately
uploaded into the computerized list.
(10) The electronic poll list must be able to display an
electronic image of the signature of a voter taken from the
voter's registration application, if available.
(11) The electronic poll list must be used with a signature pad,
tablet, or other signature capturing device that permits the voter
to make an electronic signature for comparison with the
signature displayed under subdivision (10). An image of the
electronic signature made by the voter on the signature pad,
tablet, or other signature capturing device must be retained and
identified as the signature of the voter for the period required
for retention under IC 3-10-1-31.1.
(12) The electronic poll list must include a bar code reader or
tablet that:
(A) permits a voter who presents an Indiana driver's license
or a state identification card issued under IC 9-24-16 to scan
the license or card through the bar code reader or tablet; and
(B) has the capability to display the voter's registration
record upon processing the information contained within the
bar code on the license or card.
(13) The electronic poll list must be compatible with:
(A) any hardware attached to the poll book, such as
signature pads, bar code scanners, and network cards;
(B) the statewide voter registration system; and
(C) any software system used to prepare voter information
to be included on the electronic poll list.
(14) The electronic poll list must have the ability to be used in
conformity with this title for:
(A) any type of election conducted in Indiana; or
(B) any combination of elections held concurrently with a
general election, municipal election, primary election, or
special election.
(15) The procedures for setting up, using, and shutting down an
electronic poll list must:
(A) be reasonably easy for a precinct election officer to
learn, understand, and perform; and
(B) not require a significant amount of training in addition
to the training required by IC 3-6-6-40.
(16) The electronic poll list must enable a precinct election
officer to verify that the electronic poll list:
(A) has been set up correctly;
(B) is working correctly so as to verify the eligibility of the
voter;
(C) is correctly recording that a voter has voted; and
(D) has been shut down correctly.
(17) The electronic poll list must include the following
documentation:
(A) Plainly worded, complete, and detailed instructions
sufficient for a precinct election officer to set up, use, and
shut down the electronic poll list.
(B) Training materials that:
(i) may be in written or video form; and
(ii) must be in a format suitable for use at a polling place,
such as simple "how to" guides.
(C) Failsafe data recovery procedures for information
included in the electronic poll list.
(D) Usability tests:
(i) that are conducted by the manufacturer of the electronic
poll list using individuals who are representative of the
general public;
(ii) that include the setting up, using, and shutting down of
the electronic poll list; and
(iii) that report their results using the ANSI/INCITS -354
Common Industry Format (CIF) for Usability Test Reports
approved by the American National Standards Institute
(ANSI) on December 12, 2001.
(E) A clear model of the electronic poll list system
architecture and the following documentation:
(i) End user documentation.
(ii) System-level documentation.
(iii) Developer documentation.
(F) Detailed information concerning:
(i) electronic poll list consumables; and
(ii) the vendor's supply chain for those consumables.
(G) Vendor internal quality assurance procedures and any
internal or external test data and reports available to the
vendor concerning the electronic poll list.
(H) Repair and maintenance policies for the electronic poll
list.
(I) As of the date of the vendor's application for approval of
the electronic poll list by the secretary of state as required by
IC 3-11-18.1-12, the following:
(i) A list of customers who are using or have previously
used the vendor's electronic poll list.
(ii) A description of any known anomalies involving the
functioning of the electronic poll list, including how those
anomalies were resolved.
(18) The electronic poll list and any hardware attached to the
poll book must be designed to prevent injury or damage to any
individual or the hardware, including fire and electrical hazards.
(19) The electronic poll list must demonstrate that it correctly
processes all activity regarding each voter registration record
included on the list, including the use, alteration, storage, and
transmittal of information that is part of the record. Compliance
with this subdivision requires the mapping of the data life cycle
of the voter registration record as processed by the electronic
poll list.
(20) The electronic poll list must successfully perform in
accordance with all representations concerning functionality,
usability, security, accessibility, and sustainability made in the
vendor's application for approval of the electronic poll list by
the secretary of state as required by IC 3-11-18.1-12.
(21) The electronic poll list must have the capacity to transmit
all information generated by the voter or poll clerk as part of the
process of casting a ballot, including the time and date stamp
indicating when the voter voted, and the electronic signature of
the voter, for retention on the dedicated private server
maintained by the county election board for the period required
by Indiana and federal law.
(22) The electronic poll list must:
(A) permit a voter to sign the poll list even when there is a
temporary interruption in connectivity to the Internet; and
(B) provide for the uploading of each signature and its
assignment to the voter's registration record.
As added by P.L.1-2011, SEC.2. Amended by P.L.271-2013, SEC.17;
P.L.258-2013, SEC.75; P.L.219-2013, SEC.40; P.L.2-2014, SEC.5.
IC 3-11-8-10.3 Version b
Electronic poll book; requirements
Note: This version of section effective 4-1-2014. See also
preceding version of this section, effective until 4-1-2014.
Sec. 10.3. (a) A reference to an electronic poll list in a vote center
plan adopted under IC 3-11-18.1 before July 1, 2014, is considered
to be a reference to an electronic poll book (as defined by
IC 3-5-2-20.5), unless otherwise expressly provided in the vote
center plan.
(b) An electronic poll book must satisfy all of the following:
(1) An electronic poll book must be programmed so that the
coordinated action of two (2) election officers who are not
members of the same political party is necessary to access the
electronic poll book.
(2) An electronic poll book may not be connected to a voting
system. However, the electronic poll book may be used in
conjunction with a voting system if both the following apply:
(A) The electronic poll book contains a device that must be
physically removed from the electronic poll book by a
person and the device is inserted into the voting system, with
no hardware or software connection existing between the
electronic poll book and the voting system.
(B) All ballot related data on the device is erased when the
device is removed from the voting system and before the
device is reinserted into an electronic poll book.
(3) An electronic poll book may not permit access to voter
information other than:
(A) information provided on the certified list of voters
prepared under IC 3-7-29-1; or
(B) information concerning any of the following received or
issued after the electronic poll list has been downloaded by
the county election board under IC 3-7-29-6:
(i) The county's receipt of an absentee ballot from the
voter.
(ii) The county's receipt of additional documentation
provided by the voter to the county voter registration
office.
(iii) The county's issuance of a certificate of error.
(4) The information contained on an electronic poll book must
be secure and placed on a dedicated, private server to secure
connectivity between a precinct polling place or satellite
absentee office and the county election board. The electronic
poll book must have the capability of:
(A) storing (in external or internal memory) a local version
of the electronic poll list; and
(B) producing a list of audit records that reflect all of the
idiosyncrasies of the system, including in-process audit
records that set forth all transactions.
(5) The electronic poll book must permit a poll clerk to enter
information regarding an individual who has appeared to vote
to verify whether the individual is eligible to vote, and if so,
whether the voter has:
(A) already cast a ballot at the election;
(B) returned an absentee ballot; or
(C) submitted any additional documentation required under
IC 3-7-33-4.5.
(6) After the voter has been provided with a ballot, the
electronic poll book must permit a poll clerk to enter
information indicating that the voter has voted at the election.
(7) The electronic poll book must transmit the information in
subdivision (6) to the county election board so that the board
may transmit the information immediately to every other polling
place or satellite absentee office in the county.
(8) The electronic poll book must permit reports to be:
(A) generated by a county election board for a watcher
appointed under IC 3-6-8 at any time during election day;
and
(B) electronically transmitted by the county election board
to a political party or independent candidate who has
appointed a watcher under IC 3-6-8.
(9) On each day after absentee ballots are cast before an
absentee voter board in the circuit court clerk's office, a satellite
office, or a vote center, and after election day, the electronic
poll book must permit voter history to be quickly and accurately
uploaded into the computerized list.
(10) The electronic poll book must be able to display an
electronic image of the signature of a voter taken from the
voter's registration application, if available.
(11) The electronic poll book must be used with a signature
pad, tablet, or other signature capturing device that permits the
voter to make an electronic signature for comparison with the
signature displayed under subdivision (10). An image of the
electronic signature made by the voter on the signature pad,
tablet, or other signature capturing device must be retained and
identified as the signature of the voter for the period required
for retention under IC 3-10-1-31.1.
(12) The electronic poll book must include a bar code reader or
tablet that:
(A) permits a voter who presents an Indiana driver's license
or a state identification card issued under IC 9-24-16 to scan
the license or card through the bar code reader or tablet; and
(B) has the capability to display the voter's registration
record upon processing the information contained within the
bar code on the license or card.
(13) A printer separate from the electronic poll book used in a
vote center county may be programmed to print on the back of
a ballot card, immediately before the ballot card is delivered to
the voter, the printed initials of the poll clerks captured through
the electronic signature pad or tablet at the time the poll clerks
log into the electronic poll book system.
(14) The electronic poll book must be compatible with:
(A) any hardware attached to the electronic poll book, such
as signature pads, bar code scanners, and network cards;
(B) the statewide voter registration system; and
(C) any software system used to prepare voter information
to be included on the electronic poll book.
(15) The electronic poll book must have the ability to be used
in conformity with this title for:
(A) any type of election conducted in Indiana; or
(B) any combination of elections held concurrently with a
general election, municipal election, primary election, or
special election.
(16) The procedures for setting up, using, and shutting down an
electronic poll book must:
(A) be reasonably easy for a precinct election officer to
learn, understand, and perform; and
(B) not require a significant amount of training in addition
to the training required by IC 3-6-6-40.
(17) The electronic poll book must enable a precinct election
officer to verify that the electronic poll book:
(A) has been set up correctly;
(B) is working correctly so as to verify the eligibility of the
voter;
(C) is correctly recording that a voter has voted; and
(D) has been shut down correctly.
(18) The electronic poll book must include the following
documentation:
(A) Plainly worded, complete, and detailed instructions
sufficient for a precinct election officer to set up, use, and
shut down the electronic poll book.
(B) Training materials that:
(i) may be in written or video form; and
(ii) must be in a format suitable for use at a polling place,
such as simple "how to" guides.
(C) Failsafe data recovery procedures for information
included in the electronic poll book.
(D) Usability tests:
(i) that are conducted by the manufacturer of the electronic
poll list book using individuals who are representative of
the general public;
(ii) that include the setting up, using, and shutting down of
the electronic poll book; and
(iii) that report their results using the ANSI/INCITS -354
Common Industry Format (CIF) for Usability Test Reports
approved by the American National Standards Institute
(ANSI) on December 12, 2001.
(E) A clear model of the electronic poll book system
architecture and the following documentation:
(i) End user documentation.
(ii) System-level documentation.
(iii) Developer documentation.
(F) Detailed information concerning:
(i) electronic poll book consumables; and
(ii) the vendor's supply chain for those consumables.
(G) Vendor internal quality assurance procedures and any
internal or external test data and reports available to the
vendor concerning the electronic poll book.
(H) Repair and maintenance policies for the electronic poll
book.
(I) As of the date of the vendor's application for approval of
the electronic poll book by the secretary of state as required
by IC 3-11-18.1-12, the following:
(i) A list of customers who are using or have previously
used the vendor's electronic poll book.
(ii) A description of any known anomalies involving the
functioning of the electronic poll book, including how
those anomalies were resolved.
(19) The electronic poll book and any hardware attached to the
electronic poll book must be designed to prevent injury or
damage to any individual or the hardware, including fire and
electrical hazards.
(20) The electronic poll book must demonstrate that it correctly
processes all activity regarding each voter registration record,
including the use, alteration, storage, and transmittal of
information that is part of the record. Compliance with this
subdivision requires the mapping of the data life cycle of the
voter registration record as processed by the electronic poll
book.
(21) The electronic poll book must successfully perform in
accordance with all representations concerning functionality,
usability, security, accessibility, and sustainability made in the
vendor's application for approval of the electronic poll book by
the secretary of state as required by IC 3-11-18.1-12.
(22) The electronic poll book must have the capacity to transmit
all information generated by the voter or poll clerk as part of the
process of casting a ballot, including the time and date stamp
indicating when the voter signed the electronic poll book, and
the electronic signature of the voter, for retention on the
dedicated private server maintained by the county election
board for the period required by Indiana and federal law.
(23) The electronic poll book must:
(A) permit a voter to sign the electronic poll book even when
there is a temporary interruption in connectivity to the
Internet; and
(B) provide for the uploading of each signature and its
assignment to the voter's registration record.
As added by P.L.1-2011, SEC.2. Amended by P.L.271-2013, SEC.17;
P.L.258-2013, SEC.75; P.L.219-2013, SEC.40; P.L.2-2014, SEC.5;
P.L.55-2014, SEC.3; P.L.64-2014, SEC.45; P.L.76-2014, SEC.36.
IC 3-11-8-10.5
Recording name of voters who sign poll list; requirements
Sec. 10.5. A poll clerk may record the names of individuals who
have signed the poll list and make that record available to a watcher
or pollbook holder who requests the information. However, the poll
clerk must ensure that:
(1) a voter is not delayed in casting the voter's votes as a result
of the preparation of the record, or by providing the
information; and
(2) the poll clerk does not engage in electioneering (as defined
under IC 3-14-3-16) in providing this information.
As added by P.L.9-2004, SEC.18.
IC 3-11-8-11
Closing of polls; persons permitted to vote; extension of voting
hours by order; provisional ballots
Sec. 11. (a) When the hour for closing the polls occurs, the
precinct election board shall permit all voters who:
(1) have passed the challengers and who are waiting to
announce their names to the poll clerks for the purpose of
signing the poll list;
(2) have signed the poll list but who have not voted; or
(3) are in the act of voting;
to vote. In addition, the inspector shall require all voters who have
not yet passed the challengers to line up in single file within the
chute. The poll clerks shall record the names of the voters in the
chute, and these voters may vote unless otherwise prevented
according to law.
(b) This subsection applies if a court order (or other order) has
been issued to extend the hours that the polls are open under section
8 of this chapter. As provided in 42 U.S.C. 15482, the inspector shall
identify the voters who would not otherwise be eligible to vote after
the closing of the polls under subsection (a) and shall provide a
provisional ballot to the voters in accordance with IC 3-11.7.
As added by P.L.5-1986, SEC.7. Amended by P.L.209-2003,
SEC.129; P.L.221-2005, SEC.66.
IC 3-11-8-11.3
Repealed
(Repealed by P.L.64-2014, SEC.46.)
IC 3-11-8-12
No adjournment or recess after opening of polls until closed
Sec. 12. After the opening of the polls, there may be no
adjournment or recess until after the polls have been closed and the
inspector is ready to leave with the ballot box and other documents
and papers to be delivered to the circuit court clerk.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.254.
IC 3-11-8-13
Restrictions on inspector, judge, or poll clerk of precinct after
closing of polls
Sec. 13. An inspector, judge, or poll clerk of a precinct may not
vote after the polls have closed nor make a statement concerning the
result of the election before the closing of the polls.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-14
Reading of IC 3-14-4-7 to precinct election board; oath
Sec. 14. At the opening of the polls, the inspector of each precinct
shall read IC 3-14-4-7 to the precinct election board. Each member
of the board shall take an oath that the member has not violated and
will not violate IC 3-14-4-7.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-15
Persons permitted at polls during elections; simulated elections
Sec. 15. (a) Only the following persons are permitted in the polls
during an election:
(1) Members of a precinct election board.
(2) Poll clerks and assistant poll clerks.
(3) Election sheriffs.
(4) Deputy election commissioners.
(5) Pollbook holders and challengers.
(6) Watchers.
(7) Voters for the purposes of voting.
(8) Minor children accompanying voters as provided under
IC 3-11-11-8.
(9) An assistant to a precinct election officer appointed under
IC 3-6-6-39.
(10) An individual authorized to assist a voter in accordance
with IC 3-11-9.
(11) A member of a county election board, acting on behalf of
the board.
(12) A mechanic authorized to act on behalf of a county
election board to repair a voting system (if the mechanic bears
credentials signed by each member of the board).
(13) Either of the following who have been issued credentials
signed by the members of the county election board:
(A) The county chairman of a political party.
(B) The county vice chairman of a political party.
However, a county chairman or a county vice chairman who is
a candidate for nomination or election to office at the election
may not enter the polls under this subdivision.
(14) The secretary of state, as chief election officer of the state,
unless the individual serving as secretary of state is a candidate
for nomination or election to an office at the election.
(b) This subsection applies to a simulated election for minors
conducted with the authorization of the county election board. An
individual participating in the simulated election may be in the polls
for the purpose of voting. A person supervising the simulated
election may be in the polls to perform the supervision.
(c) The inspector of a precinct has authority over all simulated
election activities conducted under subsection (b) and shall ensure
that the simulated election activities do not interfere with the election
conducted in that polling place.
As added by P.L.5-1986, SEC.7. Amended by P.L.4-1991, SEC.89;
P.L.3-1993, SEC.146; P.L.38-1999, SEC.43; P.L.66-2003, SEC.40;
P.L.209-2003, SEC.130; P.L.97-2004, SEC.8; P.L.14-2004,
SEC.116; P.L.230-2005, SEC.54; P.L.194-2013, SEC.57.
IC 3-11-8-16
Only voters permitted near entrance to the polls
Sec. 16. A person may not remain within a distance equal to the
length of the chute (as defined in IC 3-5-2-10) of the entrance to the
polls except for the purpose of offering to vote.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1993, SEC.147;
P.L.3-1997, SEC.299; P.L.2-1998, SEC.7; P.L.38-1999, SEC.44;
P.L.69-2003, SEC.5; P.L.230-2005, SEC.55.
IC 3-11-8-17
Number of voters to be admitted to polls at one time;
inapplicability to vote center counties
Sec. 17. (a) This section does not apply to a county using vote
centers under IC 3-11-18.1.
(b) In a precinct, as many voters may be admitted to the polls at
one (1) time for the purpose of voting as there are stations for voting
in the polls.
As added by P.L.5-1986, SEC.7. Amended by P.L.258-2013, SEC.76.
IC 3-11-8-18
Voter not to converse with any person except precinct election
board member
Sec. 18. A voter or person offering to vote may not converse or
communicate with a person other than a member of the precinct
election board while at the polls.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-19
Approach and entry to chute; announcement of voter's name to
challengers
Sec. 19. Voters shall approach and enter the chute in the order in
which they appear for the purpose of voting. After entering the polls,
the voter shall proceed to the designated area for challengers. A voter
shall immediately announce the voter's full and true name to the
challengers.
As added by P.L.5-1986, SEC.7. Amended by P.L.64-2014, SEC.47.
IC 3-11-8-20
Challenge of voter; reduction of challenge to affidavit form
Sec. 20. If a voter offering to vote is challenged by a challenger
or by a member of the precinct election board, the person challenging
the voter shall reduce the challenge to affidavit form, setting forth
succinctly the reasons for the challenge.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-21
Challenge of voter; challenger's affidavit
Sec. 21. The affidavit of challenge prescribed by section 20 of this
chapter must set forth under oath or affirmation the following:
(1) The name of the challenger.
(2) The name of the person being challenged.
(3) The reasons the challenger believes the person being
challenged is not a legal voter in the precinct.
(4) The source of the information provided under subdivision
(3).
(5) A statement that the challenger understands that making a
false statement on the affidavit is punishable under the penalties
of perjury.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1995, SEC.103.
IC 3-11-8-22
Repealed
(Repealed by P.L.164-2006, SEC.142.)
IC 3-11-8-22.1
Challenge of voter; provisional ballot
Sec. 22.1. (a) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the precinct;
and
(2) who produces a certificate of error issued under IC 3-7-48-1.
If the voter is not challenged under IC 3-10-1 or this chapter, the
voter shall be provided with a regular official ballot. However, as
provided by IC 3-7-48-1(b), if the voter is challenged under
IC 3-10-1 or this chapter, the voter must cast a provisional ballot
after complying with IC 3-7-48-7.5 if the voter wishes to cast a
ballot.
(b) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the precinct;
and
(2) who makes an oral or a written affirmation in compliance
with IC 3-7-48-5 that the voter continues to reside in the
precinct at the address shown as the voter's former residence in
the voter registration record.
If the voter is not challenged under IC 3-10-1 or this chapter, the
voter shall be provided with a regular official ballot. However, as
provided by IC 3-7-48-7.5, if the voter is challenged under IC 3-10-1
or this chapter, the voter must cast a provisional ballot after
complying with IC 3-7-48-7.5 if the voter wishes to cast a ballot.
(c) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the precinct;
and
(2) who produces a registration receipt that complies with
IC 3-7-48-7.
If the county election board provides the precinct election board with
the information required under IC 3-7-48-7(a)(2) and the voter is not
challenged under IC 3-10-1 or this chapter, the voter shall be
provided with a regular official ballot. However, as provided by
IC 3-7-48-7.5, if the voter is challenged under IC 3-10-1 or this
chapter, the voter must cast a provisional ballot after complying with
IC 3-7-48-7.5 if the voter wishes to cast a ballot.
(d) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the precinct;
and
(2) who is not described by subsection (a), (b), or (c).
If the voter is challenged under IC 3-10-1 or this chapter, the voter
shall be provided with a provisional ballot under IC 3-11.7 instead of
a regular official ballot if the voter wishes to cast a ballot. The voter
may proceed to cast a provisional ballot after executing a challenged
voter's affidavit under section 23 of this chapter if the voter wishes
to cast a ballot.
(e) This subsection applies to a voter:
(1) whose name appears on the poll list for the precinct; and
(2) who no longer resides in the precinct but is entitled to vote
at the precinct under IC 3-10-10, IC 3-10-11, or IC 3-10-12.
If the voter executes an affidavit in compliance with IC 3-10-10,
IC 3-10-11, or IC 3-10-12 and the voter is not challenged under
IC 3-10-1 or this chapter, the voter shall be provided with a regular
official ballot. However, as provided by IC 3-10-10-9,
IC 3-10-11-4.5, or IC 3-10-12-5, if the voter is challenged under
IC 3-10-1 or this chapter, the voter must cast a provisional ballot if
the voter wishes to cast a ballot.
(f) This subsection applies to a voter:
(1) whose name appears on the poll list for the precinct; and
(2) who is not described in subsection (e).
If the voter is challenged under IC 3-10-1 or this chapter, the voter
shall be provided with a provisional ballot under IC 3-11.7 rather
than a regular official ballot if the voter wishes to cast a vote. The
voter may proceed to cast a provisional ballot after executing a
challenged voter's affidavit under section 23 of this chapter if the
voter wishes to cast a ballot.
As added by P.L.164-2006, SEC.97.
IC 3-11-8-23
Challenge of voter; challenged voter's affidavit; when affidavit not
required
Sec. 23. (a) If a challenged voter has already made an affirmation
or executed an affidavit under IC 3-7-48-7.5, IC 3-10-10-9,
IC 3-10-11-4.5, or IC 3-10-12-5, the challenged voter is not required
to execute an additional affidavit under this section.
(b) The affidavit of a challenged voter required by section 22.1 of
this chapter must be sworn and affirmed and must contain the
following:
(1) A statement that the voter is a citizen of the United States.
(2) The voter's date of birth to the best of the voter's information
and belief.
(3) A statement that the voter has been a resident of the precinct
for thirty (30) days immediately before this election or is
qualified to vote in the precinct under IC 3-10-10, IC 3-10-11,
or IC 3-10-12.
(4) The voter's name and a statement that the voter is generally
known by that name.
(5) A statement that the voter has not voted and will not vote in
any other precinct in this election.
(6) The voter's current residential address, including the street
or number, and if applicable, the voter's residential address
thirty (30) days before the election, and the date the voter
moved.
(7) If applicable, that, when the voter was challenged to present
proof of identification or an additional document to confirm the
voter's identity and current residence, the voter presented proof
of identification or the additional documentation that complied
with IC 3-5-2-40.5 or IC 3-7-33-4.5.
(8) A statement that the voter understands that making a false
statement on the affidavit is punishable under the penalties of
perjury.
(9) If the individual's name does not appear on the registration
list, a statement that the individual registered to vote and where
the individual believes the individual registered to vote during
the registration period described by IC 3-7-13-10.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.255;
P.L.10-1988, SEC.110; P.L.4-1991, SEC.91; P.L.17-1993, SEC.15;
P.L.12-1995, SEC.84; P.L.3-1995, SEC.104; P.L.126-2002, SEC.60;
P.L.209-2003, SEC.132; P.L.164-2006, SEC.98; P.L.219-2013,
SEC.41; P.L.64-2014, SEC.48.
IC 3-11-8-23.5
Challenged voter casting provisional ballot; affidavit
Sec. 23.5. In accordance with 42 U.S.C. 15482, a voter challenged
under section 21 of this chapter is entitled to cast a provisional ballot
under IC 3-11.7 after executing the affidavit under section 23 of this
chapter.
As added by P.L.209-2003, SEC.133. Amended by P.L.164-2006,
SEC.99.
IC 3-11-8-24
Repealed
(Repealed by P.L.4-1991, SEC.147.)
IC 3-11-8-25
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-8-25.1 Version a
Admittance of voter to polls; procedure; proof of identification;
challenge of voter; cancellation and reregistration of voter who has
moved
Note: This version of section effective until 4-1-2014. See also
following version of this section, effective 4-1-2014.
Sec. 25.1. (a) Except as provided in subsection (e), a voter who
desires to vote an official ballot at an election shall provide proof of
identification.
(b) Except as provided in subsection (e), before the voter proceeds
to vote in the election, a precinct election officer shall ask the voter
to provide proof of identification. One (1) of each of the precinct
election officers nominated by each county chairman of a major
political party of the county under IC 3-6-6-8 or IC 3-6-6-9 is entitled
to ask the voter to provide proof of identification. The voter shall
produce the proof of identification to each precinct officer requesting
the proof of identification before being permitted to sign the poll list.
(c) If:
(1) the voter is unable or declines to present the proof of
identification; or
(2) a member of the precinct election board determines that the
proof of identification provided by the voter does not qualify as
proof of identification under IC 3-5-2-40.5;
a member of the precinct election board shall challenge the voter as
prescribed by this chapter.
(d) If the voter executes a challenged voter's affidavit under
section 22.1 of this chapter, the voter may:
(1) sign the poll list; and
(2) receive a provisional ballot.
(e) A voter who votes in person at a precinct polling place that is
located at a state licensed care facility where the voter resides is not
required to provide proof of identification before voting in an
election.
(f) After a voter has passed the challengers or has been sworn in,
the voter shall be instructed by a member of the precinct election
board to proceed to the location where the poll clerks are stationed.
In a vote center county using an electronic poll list, two (2) election
officers who are not members of the same political party must be
present when a voter signs in on the electronic poll list. The voter
shall announce the voter's name to the poll clerks or assistant poll
clerks. A poll clerk, an assistant poll clerk, or a member of the
precinct election board shall require the voter to write the following
on the poll list or to provide the following information for entry into
the electronic poll list:
(1) The voter's name.
(2) Except as provided in subsection (k), the voter's current
residence address.
(g) The poll clerk, an assistant poll clerk, or a member of the
precinct election board shall:
(1) ask the voter to provide or update the voter's voter
identification number;
(2) tell the voter the number the voter may use as a voter
identification number; and
(3) explain to the voter that the voter is not required to provide
or update a voter identification number at the polls.
(h) The poll clerk, an assistant poll clerk, or a member of the
precinct election board shall ask the voter to provide proof of
identification.
(i) In case of doubt concerning a voter's identity, the precinct
election board shall compare the voter's signature with the signature
on the affidavit of registration or any certified copy of the signature
provided under IC 3-7-29 or enter the information into the electronic
poll list. If the board determines that the voter's signature is
authentic, the voter may then vote. If either poll clerk doubts the
voter's identity following comparison of the signatures, the poll clerk
shall challenge the voter in the manner prescribed by section 21 of
this chapter.
(j) If, in a precinct governed by subsection (g):
(1) the poll clerk does not execute a challenger's affidavit; or
(2) the voter executes a challenged voter's affidavit under
section 22.1 of this chapter or executed the affidavit before
signing the poll list;
the voter may then vote.
(k) The electronic poll list (or each line on a poll list sheet
provided to take a voter's current address) must include a box under
the heading "Address Unchanged" so that the voter may check the
box instead of writing the voter's current address on the poll list, or
if an electronic poll list is used, the poll clerk may check the box
after stating to the voter the address shown on the electronic poll list
and receiving an oral affirmation from the voter that the voter's
residence address shown on the poll list is the voter's current
residence address instead of writing the voter's current residence
address on the poll list or reentering the address in the electronic poll
list.
(l) If the voter indicates that the voter's current residence is
located within another county in Indiana, the voter is considered to
have directed the county voter registration office of the county where
the precinct is located to cancel the voter registration record within
the county. The precinct election board shall provide the voter with
a voter registration application for the voter to complete and file with
the county voter registration office of the county where the voter's
current residence address is located.
(m) If the voter indicates that the voter's current residence is
located outside Indiana, the voter is considered to have directed the
county voter registration office of the county where the precinct is
located to cancel the voter registration record within the county.
As added by P.L.209-2003, SEC.135. Amended by P.L.2-2004,
SEC.3; P.L.109-2005, SEC.4; P.L.164-2006, SEC.100; P.L.53-2009,
SEC.2; P.L.219-2013, SEC.45; P.L.55-2014, SEC.4.
IC 3-11-8-25.1 Version b
Admittance of voter to polls; procedure; proof of identification;
challenge of voter; cancellation and reregistration of voter who has
moved
Note: This version of section effective 4-1-2014. See also
preceding version of this section, effective until 4-1-2014.
Sec. 25.1. (a) Except as provided in subsection (e), a voter who
desires to vote an official ballot at an election shall provide proof of
identification.
(b) Except as provided in subsection (e), before the voter proceeds
to vote in the election, a precinct election officer shall ask the voter
to provide proof of identification. One (1) of each of the precinct
election officers nominated by each county chairman of a major
political party of the county under IC 3-6-6-8 or IC 3-6-6-9 is entitled
to ask the voter to provide proof of identification. The voter shall
produce the proof of identification to each precinct officer requesting
the proof of identification before being permitted to sign the poll list.
(c) If:
(1) the voter is unable or declines to present the proof of
identification; or
(2) a member of the precinct election board determines that the
proof of identification provided by the voter does not qualify as
proof of identification under IC 3-5-2-40.5;
a member of the precinct election board shall challenge the voter as
prescribed by this chapter.
(d) If the voter executes a challenged voter's affidavit under
section 22.1 of this chapter, the voter may:
(1) sign the poll list; and
(2) receive a provisional ballot.
(e) A voter who votes in person at a precinct polling place that is
located at a state licensed care facility where the voter resides is not
required to provide proof of identification before voting in an
election.
(f) After a voter has passed the challengers or has been sworn in,
the voter shall be instructed by a member of the precinct election
board to proceed to the location where the poll clerks are stationed.
In a vote center county using an electronic poll list, two (2) election
officers who are not members of the same political party must be
present when a voter signs in on the electronic poll list. The voter
shall announce the voter's name to the poll clerks or assistant poll
clerks. A poll clerk, an assistant poll clerk, or a member of the
precinct election board shall require the voter to write the following
on the poll list or to provide the following information for entry into
the electronic poll list:
(1) The voter's name.
(2) Except as provided in subsection (k), the voter's current
residence address.
(g) The poll clerk, an assistant poll clerk, or a member of the
precinct election board shall:
(1) ask the voter to provide or update the voter's voter
identification number;
(2) tell the voter the number the voter may use as a voter
identification number; and
(3) explain to the voter that the voter is not required to provide
or update a voter identification number at the polls.
(h) The poll clerk, an assistant poll clerk, or a member of the
precinct election board shall ask the voter to provide proof of
identification.
(i) In case of doubt concerning a voter's identity, the precinct
election board shall compare the voter's signature with the signature
on the affidavit of registration or any certified copy of the signature
provided under IC 3-7-29 or enter the information into the electronic
poll book. If the board determines that the voter's signature is
authentic, the voter may then vote. If either poll clerk doubts the
voter's identity following comparison of the signatures, the poll clerk
shall challenge the voter in the manner prescribed by section 21 of
this chapter.
(j) If, in a precinct governed by subsection (g):
(1) the poll clerk does not execute a challenger's affidavit; or
(2) the voter executes a challenged voter's affidavit under
section 22.1 of this chapter or executed the affidavit before
signing the poll list;
the voter may then vote.
(k) The electronic poll book (or each line on a poll list sheet
provided to take a voter's current address) must include a box under
the heading "Address Unchanged" so that the voter may check the
box instead of writing the voter's current address on the poll list, or
if an electronic poll book is used, the poll clerk may check the box
after stating to the voter the address shown on the electronic poll
book and receiving an oral affirmation from the voter that the voter's
residence address shown on the poll list is the voter's current
residence address instead of writing the voter's current residence
address on the poll list or reentering the address in the electronic poll
book.
(l) If the voter indicates that the voter's current residence is
located within another county in Indiana, the voter is considered to
have directed the county voter registration office of the county where
the precinct is located to cancel the voter registration record within
the county. The precinct election board shall provide the voter with
a voter registration application for the voter to complete and file with
the county voter registration office of the county where the voter's
current residence address is located.
(m) If the voter indicates that the voter's current residence is
located outside Indiana, the voter is considered to have directed the
county voter registration office of the county where the precinct is
located to cancel the voter registration record within the county.
As added by P.L.209-2003, SEC.135. Amended by P.L.2-2004,
SEC.3; P.L.109-2005, SEC.4; P.L.164-2006, SEC.100; P.L.53-2009,
SEC.2; P.L.219-2013, SEC.45; P.L.55-2014, SEC.4; P.L.64-2014,
SEC.49; P.L.76-2014, SEC.37.
IC 3-11-8-25.2
Additional documentation before voting; procedure; use of
provisional ballot without documentation
Sec. 25.2. (a) The poll clerk or assistant poll clerk shall examine
the list provided under IC 3-7-29-1 to determine if the county
election board has indicated that the voter is required to provide
additional personal identification under 42 U.S.C. 15483 and
IC 3-7-33-4.5 before voting in person. If the list (or a certification
concerning absentee voters under IC 3-11-10-12) indicates that the
voter is required to present this identification before voting in person,
the poll clerk shall advise the voter that the voter must present, in
addition to the proof of identification required by section 25.1(a) of
this chapter, a piece of identification described in subsection (b) to
the poll clerk.
(b) As required by 42 U.S.C. 15483, and in addition to the proof
of identification required by section 25.1(a) of this chapter, a voter
described by IC 3-7-33-4.5 who has not complied with IC 3-7-33-4.5
before appearing at the polls on election day must present one (1) of
the following documents to the poll clerk:
(1) A current and valid photo identification.
(2) A current utility bill, bank statement, government check,
paycheck, or government document that shows the name and
address of the voter.
(c) If a voter presents a document under subsection (b), the poll
clerk shall add a notation to the list indicating the type of document
presented by the voter. The election division shall prescribe a
standardized coding system to classify documents presented under
this subsection for entry into the county voter registration system.
(d) If a voter required to present documentation under subsection
(b) is unable to present the documentation to the poll clerk while
present in the polls, the poll clerk shall notify the precinct election
board. The board shall provide a provisional ballot to the voter under
IC 3-11.7-2.
(e) The precinct election board shall advise the voter that the voter
may file a copy of the documentation with the county voter
registration office to permit the provisional ballot to be counted
under IC 3-11.7.
As added by P.L.14-2004, SEC.117. Amended by P.L.109-2005,
SEC.5; P.L.164-2006, SEC.101.
IC 3-11-8-25.3
Voter has moved to new address within same precinct; transfer of
voter's registration
Sec. 25.3. If the voter makes:
(1) a written affirmation on the poll list that the voter resides at
an address that is within the same precinct, but not at the
address shown on the poll list for the precinct; or
(2) an oral affirmation of a change of address under
IC 3-7-39-7;
the county election board shall direct the county voter registration
office to transfer the individual's voter registration record to the
address within the precinct indicated by the voter.
As added by P.L.219-2013, SEC.46.
IC 3-11-8-25.5
Voter who leaves poll without casting ballot or after casting
provisional ballot
Sec. 25.5. If an individual signs the individual's name and either:
(1) signs the individual's address; or
(2) checks the "Address Unchanged" box;
on the poll list or provides the information for entry by the poll clerk
into the electronic poll list under section 25.1 of this chapter and then
leaves the polls without casting a ballot or after casting a provisional
ballot, the voter may not be permitted to reenter the polls to cast a
ballot at the election.
As added by P.L.3-1997, SEC.300. Amended by P.L.209-2003,
SEC.136; P.L.2-2004, SEC.4; P.L.109-2005, SEC.6; P.L.164-2006,
SEC.102; P.L.271-2013, SEC.19.
IC 3-11-8-25.7
Procedure for voting by member of the military or public safety
officer called to duty while waiting to vote
Sec. 25.7. (a) This section applies only to a voter who is a member
of the military or public safety officer.
(b) Notwithstanding section 25.5 of this chapter, if a voter signs
the voter's name and either:
(1) writes the voter's address; or
(2) checks the "Address Unchanged" box;
on the poll list or provides the information for entry by the poll clerk
into the electronic poll list under section 25.1 of this chapter and then
leaves the polls without casting a ballot or after casting a provisional
ballot, the voter may reenter the polls to cast a ballot at the election
as provided in this section.
(c) A voter who leaves the polls to respond to an emergency in the
voter's capacity as a member of the military or public safety officer
must notify a precinct election officer that the voter is leaving the
polls to respond to an emergency in the voter's capacity as a member
of the military or public safety officer.
(d) A poll clerk or assistant poll clerk shall make a notation on the
poll list with the voter's name indicating that the voter has left the
polls as permitted by this section and the time the voter left the polls.
(e) If the voter returns to the polls, the voter shall be permitted to
vote if the voter executes an affidavit stating all of the following:
(1) The name of the voter.
(2) That the voter is a member of the military or public safety
officer.
(3) The military or public safety position the voter holds.
(4) That after the voter signed the poll list, but before the voter
voted, the voter was called to respond to an emergency in the
voter's capacity as a member of the military or public safety
officer.
(5) A brief description of the emergency to which the voter
responded.
(6) The time at which the voter returned to the polls.
(f) The commission shall prescribe the form of the affidavit
required by this section.
As added by P.L.120-2009, SEC.7. Amended by P.L.271-2013,
SEC.20.
IC 3-11-8-26
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-8-26.1
Procedure for voter who cannot sign name and address or who has
disability related difficulty
Sec. 26.1. (a) If a voter:
(1) cannot sign; or
(2) is a voter with a disability that makes it difficult for the
voter to sign;
the voter's name and address, the poll clerks shall, by proper
interrogation, satisfy themselves that the voter is the person the voter
represents the voter to be.
(b) If satisfied as to the voter's identity under subsection (a), one
(1) of the poll clerks shall then place the following on the poll list or
enter the information into the electronic poll book:
(1) The voter's name.
(2) Except as provided in subsection (e), the voter's current
residence address.
(c) The poll clerks shall:
(1) ask the voter to provide or update the voter's voter
identification number;
(2) tell the voter the number the voter may use as a voter
identification number; and
(3) explain to the voter that the voter is not required to provide
or update a voter identification number at the polls.
(d) The poll clerk shall then add the clerk's initials in parentheses,
after or under the signature. The voter then may vote.
(e) The poll list (or each line on a poll list sheet provided to take
a voter's current residence address) must include a box under the
heading "Address Unchanged" so that the voter may check the box
instead of writing the voter's current address on the poll list, or if an
electronic poll book is used, the poll clerk may check the box after
stating to the voter the address shown on the electronic poll list and
receiving an oral affirmation from the voter that the voter's residence
address shown on the poll list is the voter's current residence address
instead of writing the voter's current residence address on the poll list
or reentering the address in the electronic poll book.
As added by P.L.209-2003, SEC.138. Amended by P.L.2-2004,
SEC.5; P.L.164-2006, SEC.103; P.L.271-2013, SEC.21;
P.L.76-2014, SEC.38.
IC 3-11-8-27
Challenge of voter by precinct election board member
Sec. 27. If a member of a precinct election board is not satisfied
that a person who offers to vote is the person who the person
represents the person to be, the member may challenge the person
and the person may vote only if the person signs the affidavit
required to be signed by voters who are challenged under section 20
of this chapter.
As added by P.L.5-1986, SEC.7.
IC 3-11-8-27.5
Challenged voter entitled to cast provisional ballot
Sec. 27.5. In accordance with 42 U.S.C. 15482, a voter challenged
under section 27 of this chapter is entitled to cast a provisional ballot
under IC 3-11.7 after executing the affidavit under section 23 of this
chapter.
As added by P.L.209-2003, SEC.139. Amended by P.L.164-2006,
SEC.104.
IC 3-11-8-28
Repealed
(Repealed by P.L.230-2005, SEC.91.)
IC 3-11-8-29
Poll list; precinct election board's copy
Sec. 29. (a) This section does not apply to a list kept by a poll
clerk under section 10.5 of this chapter.
(b) A precinct election board may not keep a poll list other than
the poll list required by section 25.1 of this chapter.
As added by P.L.5-1986, SEC.7. Amended by P.L.109-2005, SEC.7;
P.L.164-2006, SEC.105.
IC 3-11-8-30
Poll list; return to circuit court clerk; preservation
Sec. 30. Each inspector shall return the poll lists, together with the
oaths of the precinct election board members, in a sealed envelope
separate from all other precinct election returns to the circuit court
clerk. The clerk shall preserve the poll lists for the period required by
IC 3-10-1-31 or IC 3-10-1-31.1.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1993, SEC.148;
P.L.14-2004, SEC.119.
IC 3-11-8-31
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-11-8-32
Repealed
(Repealed by P.L.3-1987, SEC.570.)
IC 3-11-8-33
Repealed
(Repealed by P.L.4-1988, SEC.3.)
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