Go to previous versions of this Section
2023 (you are here)
2022
2021
2020
2019
Other previous versions

2023 Indiana Code
Title 3. Elections
Article 11.5. Counting Absentee Ballots
Chapter 4. General Procedures for Counties
3-11.5-4-2. Recast of Certain Ballots

Universal Citation: IN Code § 3-11.5-4-2 (2023)
Previous Next

Sec. 2. (a) This section applies to a voter voting by an absentee ballot that:

(1) is defective and ordered corrected under IC 3-11-2-16;

(2) includes a candidate for election to office who:

(A) ceases to be a candidate; and

(B) is succeeded by a candidate selected under IC 3-13-1 or IC 3-13-2; or

(3) is presented and surrendered at:

(A) the office of the circuit court clerk;

(B) the office of the board of elections and registration;

(C) a satellite office of a board established under IC 3-11-10-26.3; or

(D) a vote center established as a satellite office under IC 3-11-18.1-4(15);

in a sealed envelope and signed by the voter containing an absentee ballot previously mailed to the voter with a request by the voter for a replacement absentee ballot under this section to cast at the office or vote center.

(b) Through the last day before the election day, an absentee voter may recast the ballot during the period specified by IC 3-11-10-26. To obtain a replacement ballot, the absentee voter must present a written request to the county election board for a replacement ballot. However, in a primary election, if an application has been submitted to the county by or for a voter requesting the ballot of a political party, the voter may not change the choice of the voter's party when requesting a replacement ballot unless the county determines, based on the application of the voter, that the voter was issued an incorrect party ballot by the county.

(c) Upon receiving a written request under subsection (b), the circuit court clerk shall do the following:

(1) Place the written request with the absentee voter's original ballots.

(2) Mark "canceled" on the original set of ballots.

(3) Preserve the original ballots with other defective ballots.

(4) Deliver a new set of ballots to the absentee voter.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.3-1995, SEC.117; P.L.109-2021, SEC.52.

Previous Next
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.