Indiana Election Code

Title IC 3 – Article 1 [Repealed]

IC 3-1 ARTICLE 1. REPEALED
[Pre-Local Government Recodification Citations: 3-1-17-1.5 formerly 18-3-1-16 part
3-1-17-7.5 formerly 18-3-1-12 part
3-1-17-8 formerly 18-3-1-13 part
3-1-17.5-1 New
3-1-17.5-2 formerly 18-3-1-11 part; 18-3-1-13 part; 18-3-1-17
3-1-17.5-3 formerly 18-3-1-12 part
3-1-17.5-4 formerly 18-3-1-12 part
3-1-17.5-5 formerly 18-3-1-14
3-1-17.5-6 formerly 18-3-1-18.]
Repealed by P.L.5-1986, SEC.61.

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Title IC 3 – Article 2 [Repealed]

IC 3-2 ARTICLE 2. REPEALED
[Pre-Local Government Recodification Citations: 3-2-7-7 formerly 18-1-2-2 part
3-2-10-1 New
3-2-10-2 formerly 5-9-1-1
3-2-10-3 formerly 5-9-1-2; 17-1-25.1-4; 17-3-69.5-3; 17-4-6-4; 17-4-27.4-3 part
3-2-10-4 formerly 18-1-2-3 part; 18-4-3-3 part; 18-4-3-7(b)
3-2-10-5 formerly 18-1-2-3 part
3-2-10-6 formerly 18-3-1-19
3-2-10-7 formerly 5-9-1-3
3-2-10-8 formerly 5-9-1-4
3-2-10-9 formerly 5-9-1-5; 33-15-16-1.]
Repealed by P.L.5-1986, SEC.61.

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Title IC 3 – Article 3 – Congressional Apportionment

IC 3-3-1 Chapter 1. Repealed

Repealed by Acts 1981, P.L.18, SEC.6.

IC 3-3-1.1 Chapter 1.1. Repealed

Repealed by P.L.240-1991(ss2), SEC.124.

IC 3-3-2 Chapter 2. Redistricting Commission

IC 3-3-2-1 General assembly; redistricting session
Sec. 1. Congressional districts shall be established by law at the first regular session of the general assembly convening immediately following the United States decennial census. Formerly: Acts 1969, c.93, s.1; Acts 1971, P.L.18, SEC.5. As amended by P.L.3-1989, SEC.3.

IC 3-3-2-2 Redistricting commission; establishment; meetings
Sec. 2. (a) If a session of the general assembly adjourns without having complied with the requirements of section 1 of this chapter or if for any other reason at any time the state finds itself without a valid congressional district law, a redistricting commission shall be established which shall consist of the speaker of the house, the president pro tem of the senate, the chairman of the senate and house committees responsible for legislative apportionment and a fifth member who shall be appointed by the governor from the membership of the general assembly.
(b) The redistricting commission shall meet within thirty (30) days after adjournment of the general assembly at a time and place designated by the president pro tem of the senate and shall adopt a congressional redistricting plan in accordance with this chapter.
(c) Any plan so adopted shall be signed by a majority of the redistricting committee and submitted to the governor who forthwith shall issue and publish his executive order establishing congressional districts in accordance with the plan so adopted and directing the commission to place such congressional districts in effect for the primary and general elections next succeeding such general assembly. Congressional districts so established shall continue in effect until changed by statute.
Formerly: Acts 1969, c.93, s.2. As amended by P.L.2-1988, SEC.2; P.L.3-1993, SEC.2; P.L.2-1996, SEC.1.

IC 3-3-3 Chapter 3. Repealed

Repealed by P.L.215-2011, SEC.3.

IC 3-3-4 Chapter 4. General Provisions Relating to Establishing Congressional Districts

IC 3-3-4-1 Terms and references to geographic units
Sec. 1. All terms and references to geographic units made in the descriptions of districts in this article:
(1) have the same meanings as the terms have when used by the United States Department of Commerce, Bureau of the Census, in reporting the 2010 decennial census of Indiana as supplemented by geographic information compiled and documented by the legislative services agency; and
(2) describe the same geographical boundaries as depicted by maps included in the GIS.
As added by P.L.215-2011, SEC.1.

IC 3-3-4-2 “District”
Sec. 2. As used in this chapter, “district” refers to a district described in IC 3-3-5.
As added by P.L.215-2011, SEC.1.

IC 3-3-4-3 “GIS”
Sec. 3. As used in this chapter, “GIS” refers to the geographic information system maintained by the office that contains the following information:
(1) Geographic and population information provided in the official census report to the state by the United States Department of Commerce, Bureau of the Census, in reporting the 2010 decennial census of Indiana.
(2) Election history and supplemental geographic information compiled by the legislative services agency.
As added by P.L.215-2011, SEC.1.

IC 3-3-4-4 “Office”
Sec. 4. As used in this chapter, “office” refers to the office of census data of the legislative services agency.
As added by P.L.215-2011, SEC.1.

IC 3-3-4-5 Resolution of inconsistent inclusions in congressional districts
Sec. 5. (a) Any part of Indiana that has not been described as included in a district is included within the district that:
(1) is contiguous to the part; and
(2) contains the least population of districts contiguous to that part according to the 2010 decennial census of Indiana.
(b) If any part of Indiana is described as being in more than one (1) district, the part is included within the district that:
(1) is one (1) of the districts in which the part is listed in IC 3-3-5, whichever is applicable;
(2) is contiguous to the part; and
(3) contains the least population according to the 2010 decennial census of Indiana.

(c) If any part of Indiana:
(1) is described in IC 3-3-5 as being in one (1) district; and
(2) is entirely surrounded by another district;
the part shall be incorporated into the district that surrounds the part.
(d) If any part of Indiana:
(1) is described as being in one (1) district; and
(2) is not contiguous to another part of the district that contains the majority of the population in the district;
the part is included with the contiguous district that contains the least population according to the 2010 decennial census of Indiana.
As added by P.L.215-2011, SEC.1.

IC 3-3-4-6 Treatment of geographic slivers
Sec. 6. (a) As used in this section, “geographic sliver” means a polygon contained in the GIS resulting from the overlay of an existing geographic data set onto a more recent version of that geographic data set.
(b) A geographic sliver is considered to be included in the description of the larger unit of geography to which the geographic sliver belongs within the same geographic data set.
(c) If this article provides that a district includes a unit of geography in Indiana, that district contains any geographic slivers included in that unit of geography under subsection (b).
As added by P.L.215-2011, SEC.1.

IC 3-3-4-7 Office modifications to GIS
Sec. 7. The office shall make modifications in the GIS necessary to conform the GIS to the rules stated in sections 5 and 6 of this chapter.
As added by P.L.215-2011, SEC.1.

IC 3-3-4-8 Maintenance of census descriptions and maps
Sec. 8. The legislative services agency shall separately maintain and preserve in the GIS the descriptions and maps included in the 2010 decennial census of Indiana. The legislative services agency shall make those descriptions and maps available for public inspection during regular office hours and on the Internet.
As added by P.L.215-2011, SEC.1.

IC 3-3-4-9 2010 decennial census; incorporation of documents
Sec. 9. The official report and all official documents relating to the report of the 2010 decennial census are incorporated by reference into this article.
As added by P.L.215-2011, SEC.1.

IC 3-3-5 Chapter 5. Indiana Congressional Districts, 2011 Plan

IC 3-3-5-1 First Congressional District
Sec. 1. The First Congressional District consists of the following: COUNTIES:
Lake County, Porter County LaPorte County TOWNSHIPS:
Cass, Clinton, Coolspring, Dewey, Michigan, New Durham, Springfield LaPorte County CENSUS BLOCKS:
180910417002047, 180910417002039, 180910417002069, 180910417002016,
180910417002031, 180910417002033, 180910417002042, 180910417002067,
180910417002038, 180910417002018, 180910417002015, 180910417002008,
180910417002014, 180910417002017, 180910417002029, 180910417002032,
180910417002003, 180910417002009, 180910417002036, 180910417002044,
180910417002041, 180910417002046, 180910417002051, 180910417002012,
180910417002005, 180910417002007, 180910417002068, 180910417002043,
180910417002002, 180910417002004, 180910417002006, 180910417002026,
180910417002028, 180910417002013, 180910417002001, 180910417002045,
180910417002037, 180910417002025, 180910417002040, 180910417002027,
180910417002000
As added by P.L.215-2011, SEC.2.

IC 3-3-5-2 Second Congressional District
Sec. 2. The Second Congressional District consists of the following: COUNTIES:
Elkhart County, Fulton County, Marshall County, Miami County, Pulaski County, St. Joseph County, Starke County, Wabash County
Kosciusko County TOWNSHIPS:
Clay, Etna, Franklin, Harrison, Jefferson, Lake, Prairie, Scott, Seward, Turkey Creek, Van Buren
LaPorte County TOWNSHIPS:
Center, Hanna, Hudson, Johnson, Kankakee, Lincoln, Noble, Pleasant, Prairie, Scipio, Union, Washington, Wills
Kosciusko County CENSUS BLOCKS: 180859613002008
LaPorte County CENSUS BLOCKS:
180910417001008, 180910418001020, 180910417001054, 180910417001061,
180910417001007, 180910417001041, 180910417001047, 180910417001044,
180910418001047, 180910417001017, 180910417001051, 180910417001009,
180910418002004, 180910417001040, 180910417001052, 180910417001062,
180910417002022, 180910418003012, 180910417001020, 180910417001039,
180910417001038, 180910417001058, 180910417002054, 180910417001005,
180910418003008, 180910417001057, 180910417001013, 180910417001059,
180910418001024, 180910417001034, 180910417001055, 180910417001053,

180910418001023, 180910417001043, 180910417001048, 180910417001018,
180910417002030, 180910418001044, 180910418001026, 180910418001025,
180910418001049, 180910418001043, 180910417001006, 180910417001019,
180910417002034, 180910418002012, 180910418003032, 180910418003033,
180910417001016, 180910418002003, 180910418001045, 180910418001027,
180910418001041, 180910418001022, 180910418001048, 180910417001065,
180910417001046, 180910417001045, 180910417001015, 180910417002021,
180910417002023, 180910418001021, 180910418002001, 180910418002011,
180910417001011, 180910418002002, 180910418001042, 180910417001010,
180910417001050, 180910417001066, 180910417001042, 180910417001067,
180910417001060, 180910418002000, 180910418001040, 180910417001049,
180910417001012, 180910418003007, 180910417002035, 180910418002005,
180910418001046, 180910418001080, 180910417001056, 180910417001014
As added by P.L.215-2011, SEC.2.

IC 3-3-5-3 Third Congressional District
Sec. 3. The Third Congressional District consists of the following: COUNTIES:
Adams County, Allen County, DeKalb County, Huntington County, Jay County, LaGrange County, Noble County, Steuben County, Wells County, Whitley County
Blackford County TOWNSHIPS: Harrison
Kosciusko County TOWNSHIPS:
Jackson, Monroe, Tippecanoe, Washington, Wayne Kosciusko County PRECINCTS:
PLAIN 01, PLAIN 03, PLAIN 04, PLAIN 05 CITY OF WARSAW
Blackford County CENSUS BLOCKS:

Kosciusko County CENSUS BLOCKS:

180859612004018, 180859613002055, 180859612004017, 180859613002091,
180859613002005, 180859613002052, 180859612004064, 180859612004006,
180859613002038, 180859612004010, 180859612004021, 180859613002080,
180859612004036, 180859613002076, 180859612004009, 180859613002058,
180859613002093, 180859613002061, 180859613002006, 180859613002050,
180859613002066, 180859613002086, 180859613002070, 180859613002095,
180859613002082, 180859612004008, 180859613002085, 180859613002079,
180859613002057, 180859613002083, 180859612004007, 180859613002063,
180859613002067, 180859613002097, 180859613002078, 180859613002059,
180859612004020, 180859613002092, 180859613002053, 180859612004000,
180859613002043, 180859612004019, 180859613002088, 180859613002003,
180859613002064, 180859613002044, 180859613002071, 180859613002049,
180859613002056, 180859613002069, 180859613002039, 180859613002004
As added by P.L.215-2011, SEC.2.

IC 3-3-5-4 Fourth Congressional District
Sec. 4. The Fourth Congressional District consists of the following: COUNTIES:
Benton County, Carroll County, Cass County, Clinton County, Fountain County, Hendricks County, Jasper County, Montgomery County, Newton County, Putnam County, Tippecanoe County, Warren County, White County
Boone County TOWNSHIPS:
Center, Clinton, Harrison, Jackson, Jefferson, Perry, Sugar Creek, Washington, Worth Howard County TOWNSHIPS:
Center, Clay, Ervin, Harrison, Honey Creek, Monroe Morgan County TOWNSHIPS:
Adams, Brown, Gregg, Monroe Howard County PRECINCTS:
HOWARD 02, PRECINCT 16 NV, PRECINCT 57, TAYLOR 01, TAYLOR 03,
TAYLOR 04, TAYLOR 05
Morgan County PRECINCTS: ASHLAND 01
Howard County CENSUS BLOCKS:
180670102003056, 180670102003037, 180670102003046, 180670102003014,
180670102003013, 180670102003016, 180670102003055, 180670102003036,
180670102003045, 180670102003015
Morgan County CENSUS BLOCKS:
181095110003086, 181095110003055, 181095110003083, 181095110003087,
181095110003080, 181095110003079, 181095110003054, 181095110003085,
181095110002033, 181095110003052, 181095110003082, 181095110003053,
181095110002046
As added by P.L.215-2011, SEC.2.

IC 3-3-5-5 Fifth Congressional District
Sec. 5. The Fifth Congressional District consists of the following: COUNTIES:
Grant County, Hamilton County, Madison County, Tipton County Blackford County TOWNSHIPS:
Jackson, Licking
Boone County TOWNSHIPS: Eagle, Marion, Union
Howard County TOWNSHIPS:

Howard County PRECINCTS: TAYLOR 02, TAYLOR 06
Marion County PRECINCTS:
20-001, 20-002, 21-001, 21-002, 21-003, 21-004, 21-005, 21-006, 21-007, 21-008,
21-009, 21-010, 21-011, 21-012, 21-013, 21-014, 22-001, 22-002, 22-006, LA001, LA002, LA003, LA004, LA005, LA006, LA007, LA008, LA009, LA010, LA011, LA012, LA013, LA014, LA015, LA016, LA017, LA018, LA019, LA020, LA021, LA022, LA023, LA024, LA025, LA026, LA027, LA028, LA029, LA030, LA031, LA032, LA033, LA034, LA035, LA036, LA037, LA038, LA039, LA042, LA044, LA045, LA046, PK001, PK002, PK003, PK004, PK005, PK006, PK007, PK008, PK009, PK010, PK011, PK012, PK013, PK014, PK015, PK016, PK017, PK018, PK029, PK030, PK031, PK032, WS001, WS002, WS003, WS004, WS005, WS006, WS007, WS008, WS009, WS010, WS011, WS012, WS013, WS014, WS015, WS016, WS017, WS018, WS019, WS020, WS021, WS022, WS023, WS024, WS025, WS026, WS027, WS028, WS029, WS030, WS031, WS032, WS033, WS034, WS035, WS036, WS039, WS040, WS041, WS044, WS048, WS051, WS052, WS053, WS054, WS055, WS056, WS057, WS058, WS059, WS060, WS061, WS066
Blackford County CENSUS BLOCKS:

Howard County CENSUS BLOCKS:

IC 3-3-5-6 Sixth Congressional District
Sec. 6. The Sixth Congressional District consists of the following: COUNTIES:
Bartholomew County, Dearborn County, Decatur County, Delaware County, Fayette County, Franklin County, Hancock County, Henry County, Jefferson County, Jennings County, Ohio County, Randolph County, Ripley County, Rush County, Shelby County, Switzerland County, Union County, Wayne County

Jennings, Johnson Scott County PRECINCTS:
LEXINGTON 01
Scott County CENSUS BLOCKS:
181439671001051, 181439671001049, 181439671002012, 181439671001052,
181439671002019, 181439671002041, 181439671002018, 181439671001046,
181439671001044, 181439671002010, 181439671002036, 181439671002085,
181439671004012, 181439671002014, 181439671002034, 181439671002069,
181439671002016, 181439671001008, 181439671002020, 181439671001048,
181439671001009, 181439671002042, 181439671002086, 181439671001050,
181439671001040, 181439671002035, 181439671002071, 181439671001041,
181439671002022, 181439671002011, 181439671004040, 181439671002087,
181439671004013, 181439671001055, 181439671002073, 181439671002039,
181439671002040, 181439671002021, 181439671002043, 181439671002072,
181439671001045, 181439671002074, 181439671002070, 181439671004014,
181439671002075, 181439671001023, 181439671004015, 181439671002023,
181439671002038, 181439671002037, 181439671002013, 181439671002017,
181439671002015, 181439671001047
As added by P.L.215-2011, SEC.2.

IC 3-3-5-7 Seventh Congressional District
Sec. 7. The Seventh Congressional District consists of the following: Marion County TOWNSHIPS:
Center, Decatur, Franklin, Perry, Warren, Wayne Marion County PRECINCTS:
20-003, 20-004, 20-005, 20-006, 20-007, 20-008, 20-009, 20-010, 20-011, 20-012,
22-003, 22-005, 22-007, 22-008, 22-009, 27-001, 27-002, 27-003, 27-004, 27-005,
27-006, 27-007, 27-008, 27-009, 27-010, 27-011, 27-012, 27-013, 27-014, 27-015,
27-016, 31-001, 31-002, 31-003, 31-004, 32-001, 32-002, 32-003, LA040, LA041, LA043, LA047, LA048, LA049, LA050, LA051, LA052, LA053, LA054, LA055, LA056, LA057, LA058, PK019, PK020, PK021, PK022, PK023, PK024, PK025, PK026, PK027, PK028, PK033, PK034, PK035, PK036, PK037, PK038, PK039, PK040, PK041, PK042, PK043, PK044, PK045, PK046, WS037, WS038, WS042, WS043, WS045, WS046, WS047, WS049, WS050, WS062, WS063, WS064, WS065
Marion County CENSUS BLOCKS:
180973222001001, 180973222001002, 180973223001016, 180973222002003,
180973223002001, 180973222002002, 180973222002001, 180973223001015,
180973222001000, 180973222002000, 180973222001003, 180973223002002,
180973223002000
As added by P.L.215-2011, SEC.2.

IC 3-3-5-8 Eighth Congressional District
Sec. 8. The Eighth Congressional District consists of the following: COUNTIES:
Clay County, Daviess County, Dubois County, Gibson County, Greene County, Knox County, Martin County, Owen County, Parke County, Perry County, Pike County, Posey County, Spencer County, Sullivan County, Vanderburgh County, Vermillion County, Vigo County, Warrick County
Crawford County TOWNSHIPS: Boone
Crawford County PRECINCTS:
OHIO 02, PATOKA 02, UNION 02
Crawford County CENSUS BLOCKS:

180259520002059, 180259520002037, 180259520002041, 180259520002130,
180259520002111, 180259520002136, 180259520002133, 180259520002106,
180259520002091, 180259520002039, 180259520002103, 180259520002048,
180259520002053, 180259520002124, 180259520002100, 180259520002102,
180259520002134, 180259520002109, 180259520002112, 180259520002115,
180259520002110, 180259520002140, 180259520002045, 180259520002095,
180259520002094, 180259520002035, 180259520002050, 180259520002054,
180259520002043, 180259520002056, 180259520002052, 180259520002139,
180259520002127, 180259520002051, 180259520002099, 180259520002135,
180259520002092, 180259520002146, 180259520002132, 180259520002125,
180259520002040, 180259520002147, 180259520002107, 180259520002058,
180259520002049, 180259520002044, 180259520002123, 180259520002036,
180259520002108, 180259520002096, 180259520002042, 180259520002101,
180259520002117, 180259520002116, 180259520002119, 180259520002137,
180259520002055, 180259520002093, 180259520002128, 180259520002098,
180259520002060, 180259520002105, 180259520002104, 180259520002118,
180259520002131, 180259520002113, 180259520002126, 180259520002138,
180259521002052, 180259520002057, 180259521002051, 180259520002038,
180259520002114, 180259520002090
As added by P.L.215-2011, SEC.2.

IC 3-3-5-9 Ninth Congressional District
Sec. 9. The Ninth Congressional District consists of the following: COUNTIES:
Brown County, Clark County, Floyd County, Harrison County, Jackson County, Johnson County, Lawrence County, Monroe County, Orange County, Washington County
Crawford County TOWNSHIPS:
Jennings, Liberty, Sterling, Whiskey Run Morgan County TOWNSHIPS:
Baker, Clay, Green, Harrison, Jackson, Jefferson, Madison, Ray, Washington Scott County TOWNSHIPS:
Finley, Vienna
Crawford County PRECINCTS:
OHIO 01, PATOKA 01, UNION 01
Crawford County CENSUS BLOCKS:
180259520002097, 180259520002047, 180259520002046
Morgan County CENSUS BLOCKS:
181095110003003, 181095104013060, 181095110003045, 181095110003022,
181095110003021, 181095110003048, 181095110002042, 181095110002036,
181095110003005, 181095110003047, 181095110002041, 181095110002016,
181095110003051, 181095110003043, 181095110002017, 181095110002040,
181095110002037, 181095110003044, 181095110002039, 181095110003049,
181095110002015, 181095110003000, 181095110003050, 181095110003046,
181095110003042, 181095110003041, 181095110002035, 181095110003002,
181095110003001, 181095110003084, 181095110003081, 181095110003004,
181095110002034, 181095110002038
Scott County CENSUS BLOCKS:
181439671002052, 181439671002024, 181439671002044, 181439671002062,
181439671002045, 181439671002063
As added by P.L.215-2011, SEC.2.

IC 3-3-5-10 2001 congressional district plan void

Sec. 10. Beginning November 6, 2012, the 2001 Congressional District Plan:
(1) adopted by the redistricting commission under IC 3-3-2; and
(2) published in the governor’s executive order 01-11 in the Indiana Register at 24 IR 3293-3298;
is void.
As added by P.L.215-2011, SEC.2.

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Title IC 3 – Article 4 [Repealed]

Repealed by P.L.5-1986, SEC.61.

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Title IC 3 – Article 5 – General Provisions

IC 3-5-1 Chapter 1. Applicability; Types of Elections

IC 3-5-1-0.3 P.L.5-1986 intended to be a codification and restatement of law; no effect on rights or liabilities accrued, penalties incurred, crimes committed, or proceedings begun
Sec. 0.3. (a) P.L.5-1986 is intended to be a codification and restatement of applicable or corresponding provisions repealed by P.L.5-1986, SECTION 61 (IC 2-2.1-2, IC 3-1, IC 3-2, IC 3-4, IC 33-13-1, IC 33-13-2, and IC 35-50-1-4). If P.L.5-1986 repeals and replaces a provision in the same form or in a restated form, the substantive operation and effect of that provision continue uninterrupted.
(b) P.L.5-1986 does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before March 4, 1986. Those rights, liabilities, penalties, offenses, and proceedings continue and shall be imposed and enforced under prior law as if P.L.5-1986 had not been enacted. As added by P.L.220-2011, SEC.10.

IC 3-5-1-0.4 General assembly may preserve background materials related to P.L.5-1986
Sec. 0.4. The general assembly may, by concurrent resolution, preserve any of the background materials related to P.L.5-1986.
As added by P.L.220-2011, SEC.11.

IC 3-5-1-1 Public officials or public questions; application
Sec. 1. This title applies to each election at which the electorate of the state or a political subdivision:
(1) nominates or chooses by ballot public officials; or
(2) decides a public question lawfully submitted to the electorate.
[Pre-1986 Recodification Citations: 3-1-1-2 part; 3-1-1-3; 3-1-9-16; 3-1-22-15; 3-1-22-17; 3-1-24-13;
3-2-7-3; 3-4-1-7.]
As added by P.L.5-1986, SEC.1.

IC 3-5-1-2 Types of elections
Sec. 2. The types of elections to which this title applies are classified as follows:
(1) General election, which is conducted statewide on the first Tuesday after the first Monday in November of each even-numbered year.
(2) Municipal election, in which the electorate of a municipality chooses by ballot public officials for the municipality or decides a public question lawfully submitted to the electorate of the municipality.
(3) Primary election, which is conducted for the purpose of choosing by ballot the following:
(A) The candidates who will be the nominees of a political party for elected offices in a general or municipal election.
(B) The precinct committeemen of a political party.
(C) The delegates to a political party’s state convention.
(4) School district election, in which the electorate of a school district chooses by ballot members of the school board.
(5) Special election, which is conducted for a special purpose as provided by law. [Pre-1986 Recodification Citation: 3-1-1-2 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2 Chapter 2. Definitions

IC 3-5-2-1 Application of definitions
Sec. 1. The definitions in this chapter apply throughout this title. [Pre-1986 Recodification Citations: 3-1-1-1; 3-1-1-2 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-1.5 “Absent uniformed services voter”
Sec. 1.5. “Absent uniformed services voter” refers to any of the following:
(1) A member of a uniformed service on active duty who, by reason of active duty, is absent from the place of residence where the member is otherwise qualified to vote.

(2) A member of the merchant marine who, by reason of service in the merchant marine, is absent from the place of residence where the member is otherwise qualified to vote.
(3) A member of the Indiana national guard deployed or on assignment outside Indiana.
(4) A spouse or dependent of a member referred to in subdivision (1), (2), or (3) who, by reason of the active duty or service of the member, is absent from the place of residence where the spouse or dependent is otherwise qualified to vote.
As added by P.L.14-1993, SEC.1. Amended by P.L.12-1995, SEC.1; P.L.3-1997, SEC.3; P.L.126-2002, SEC.1.

IC 3-5-2-1.7 “Active voter”
Sec. 1.7. “Active voter” means the following:
(1) For purposes of IC 3-11-1.5, refers to a voter who satisfies either of the following:
(A) The voter has registered or voted in any election during the preceding four (4) years at the address indicated on the voter’s registration record.
(B) The voter has not voted in any election during the preceding four (4) years at the address indicated on the voter’s registration record and has responded in writing to an address confirmation notice sent under IC 3-7 not later than thirty (30) days after the notice was sent.
(2) For purposes of IC 3-11-18.1, has the meaning set forth in IC 3-11-18.1-2.
As added by P.L.12-1995, SEC.2. Amended by P.L.4-1996, SEC.1; P.L.38-1999, SEC.1; P.L.225-2011, SEC.2.

IC 3-5-2-2 “Automatic tabulating machine”
Sec. 2. “Automatic tabulating machine” means:
(1) apparatus necessary to automatically  count votes cast on a voting system; and
(2) data processing machines that can be used for counting ballots and tabulating results.
[Pre-1986 Recodification Citation: 3-2-4-2(a).]
As added by P.L.5-1986, SEC.1. Amended by P.L.6-1986, SEC.1.

IC 3-5-2-2.5 “Auxiliary party organization”
Sec. 2.5. “Auxiliary party organization” means an organization located within or outside Indiana that:
(1) is affiliated with a political party;
(2) proposes to influence the election of a candidate for state, legislative, local, or school board office, or the outcome of a public question; and
(3) has not:
(A) had an annual budget of five thousand dollars ($5,000) or more in at least one
(1) of the last two (2) years; or
(B) made a contribution of more than one thousand dollars ($1,000) to another committee or to a candidate.
As added by P.L.3-1995, SEC.3. Amended by P.L.176-1999, SEC.1.

IC 3-5-5-2.7 “Background Checks”
Sec. 2.7. “Background check” refers to the “national criminal history background check” defined in IC 10-13-3-12.
As added by P.L71-2019, SEC.2.

IC 3-5-2-3 “Ballot”
Sec. 3. “Ballot” means:
(1) the paper ballot prepared, printed, and supplied for use at an election;
(2) the electronic display prepared, printed, and supplied for use on the front of an electronic voting system; or
(3) the ballot card prepared, printed, and supplied for use in a ballot card voting system. [Pre-1986 Recodification Citations: 3-1-1-2 part; 3-2-4-2(b) part; 3-2-4-2(d).]
As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.2; P.L.221-2005, SEC.1; P.L.169-2015, SEC.1; P.L.71-2019, SEC.3.

IC 3-5-2-4 “Ballot card”
Sec. 4. “Ballot card” refers to an optical scan ballot. [Pre-1986 Recodification Citation: 3-2-4-2(b) part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.239-2001, SEC.1; P.L.221-2005, SEC.2.

IC 3-5-2-4.5 “Ballot card voting system”
Sec. 4.5. “Ballot card voting system” refers to an optical scan voting system.
As added by P.L.239-2001, SEC.2. Amended by P.L.221-2005, SEC.3.

IC 3-5-2-5 “Ballot label”
Sec. 5. “Ballot label” means:
(1) the printed strip or sheet of cardboard or paper, supplied for use on an electronic voting system, that contains the names of the candidates and the public questions on the ballot; or
(2) the material, supplied for use with a ballot card voting system, that contains those names and questions.
[Pre-1986 Recodification Citations: 3-1-1-2 part; 3-2-4-2(c).]
As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.3; P.L.221-2005, SEC.4.

IC 3-5-2-5.3 “Board of elections and registration”
Sec. 5.3. “Board of elections and registration” refers to a board of elections and registration established under any of the following:
(1) IC 3-6-5.2.
(2) IC 3-6-5.4.
(3) IC 3-6-5.6.
As added by P.L.170-2019, SEC.1.

IC 3-5-2-5.5 “Bona fide political party”
Sec. 5.5. “Bona fide political party” means:
(1) a major political party; or
(2) a political party that has:
(A) nominated at least one (1) candidate for political office during the preceding five
(5) years;
(B) held a convention; or
(C) raised money and filed the financial reports required by law.
As added by P.L.3-1993, SEC.3.

IC 3-5-2-6 “Candidate”
Sec. 6. (a) Except as provided in subsection (b), “candidate” means a person who:
(1) has taken the action necessary to qualify under Indiana law for listing on the ballot at an election or to become a write-in candidate;
(2) has publicly announced or declared candidacy for an elected office; or
(3) otherwise seeks nomination for or election to an elected office, regardless of whether the individual wins election to the office.
(b) As used in IC 3-9, an individual becomes a “candidate” when the individual, the candidate’s committee, or a person acting with the consent of the individual:
(1) receives more than one hundred dollars ($100) in contributions; or
(2) makes more than one hundred dollars ($100) in expenditures. [Pre-1986 Recodification Citations: 3-4-1-3; 3-4-8-1 part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.4-1991, SEC.1; P.L.3-1997, SEC.4.

IC 3-5-2-7 “Candidate’s committee”
Sec. 7. “Candidate’s committee” means:
(1) the principal political committee that each candidate is required to have under IC 3-9-1; or
(2) an exploratory committee established by a candidate who has not decided whether to become a candidate for a specific office.
[Pre-1986 Recodification Citation: 3-4-1-4.]
As added by P.L.5-1986, SEC.1. Amended by P.L.8-1992, SEC.2; P.L.3-1995, SEC.4.

IC 3-5-2-7.5 “Caucus”
Sec. 7.5. As used in IC 3-9, “caucus” refers to a caucus to fill a candidate vacancy under IC 3-13-1 or IC 3-13-2. The term does not include a caucus to fill a vacant office under IC 3-13-5 or IC 3-13-11.
As added by P.L.3-1997, SEC.5.

IC 3-5-2-8 “Central committee”
Sec. 8. “Central committee” means a state committee, congressional district committee, county committee, city committee, or town committee of a political party.
[Pre-1986 Recodification Citation: 3-4-1-17 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-8.7 Repealed
As added by P.L.58-2005, SEC.1. Repealed by P.L.164-2006, SEC.143.

IC 3-5-2-9 “Chairman”
Sec. 9. “Chairman” refers to the chairman of a central committee as follows:
(1) State chairman, chairman of a state committee.
(2) District chairman, chairman of a congressional district committee.
(3) County chairman, chairman of a county committee.
(4) City chairman, chairman of a city committee.
(5) Town chairman, chairman of a town committee. [1986 Recodification Citation: New.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-10 “Chute”
Sec. 10. “Chute” means the area or pathway that extends fifty (50) feet in length, measured from the entrance to the polls. If the property line of the polling place is less than fifty (50) feet from the door or entrance to the polling place, the chute is measured from the exterior door or entrance to the polling place to one-half (1/2) the distance to the property line of the polling place nearest to the entrance to the polls. Whenever there are two (2) or more doors or entrances to the polls, the inspector of the precinct shall designate one (1) door or entrance as the door for voters to enter for the purpose of voting.
[Pre-1986 Recodification Citation: 3-1-1-2 part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.69-2003, SEC.1; P.L.14-2004, SEC.1.

IC 3-5-2-11 “City”
Sec. 11. “City” means a first class city, second class city, or third class city as classified under IC 36-4-1-1. The term does not include towns.
[1986 Recodification Citation: New.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-11.5 “Commission”
Sec. 11.5. “Commission” refers to the Indiana election commission established by IC 3-6-4.1-1.
As added by P.L.8-1995, SEC.3.

IC 3-5-2-12 “Consolidated city”
Sec. 12. “Consolidated city” refers to a first class city that has become a consolidated city under IC 36-3-1.
[Pre-1986 Recodification Citation: 36-3-1-2.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-13 “Contestee”
Sec. 13. “Contestee” means a candidate whose nomination or election is being contested by a contestor.
[Pre-1986 Recodification Citation: 3-1-1-2 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-14 “Contestor”
Sec. 14. “Contestor” means a person who initiates a proceeding to contest the result of an election.
[Pre-1986 Recodification Citation: 3-1-1-2 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-15 “Contribution”
Sec. 15. (a) “Contribution” means a donation (whether characterized as an advance, a deposit, a gift, a loan, a subscription, or a contract or promise to make a donation) of property (as defined in IC 35-31.5-2-253) that satisfies both of the following:
(1) The donation is made for the purpose of influencing any of the following:
(A) The nomination or election to office of a candidate.
(B) The election of delegates to a state constitutional convention.
(C) The outcome of a public question.
(2) The donation is accepted by any of the following:
(A) A candidate.
(B) A candidate’s committee.
(C) A regular party committee.
(D) A political action committee.
(E) A legislative caucus committee.
(b) Whenever funds are transferred from one (1) committee to another, the accepting committee is considered to be receiving a contribution in the amount of the funds transferred.
(c) Whenever a candidate or a committee accepts the personal services of a person whose compensation is being paid by a third person, the candidate or committee is considered to be receiving a contribution from the third person in the amount of the compensation paid.
(d) Notwithstanding subsection (a), whenever a candidate or a committee accepts the personal services of a volunteer who is not being compensated, the candidate or committee is not considered to be receiving a contribution.
(e) Notwithstanding subsection (a), whenever a political action committee accepts a donation of:
(1) rent;
(2) office expenses;
(3) management fees;
(4) costs of solicitations of contributions; or
(5) other administrative costs;
the committee is not considered to be receiving a contribution. [Pre-1986 Recodification Citations: 3-4-1-6; 3-4-1-22 part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.4; P.L.5-1989, SEC.2; P.L.3-1997, SEC.6; P.L.114-2012, SEC.2.

IC 3-5-2-15.9 “County election board”
Sec. 15.9. “County election board” refers to a board established by IC 3-6-5-1.
As added by P.L.170-2019, SEC.2.

IC 3-5-2-16 “Convention”
Sec. 16. “Convention” means an organized body of delegates assembled for the purpose of selecting their political party’s nominees for elected offices.
[Pre-1986 Recodification Citation: 3-1-1-2 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-16.2 “County voter registration office”
Sec. 16.2. “County voter registration office” means the following:
(1) A board of registration established under IC 3-7-12.
(2) A board of elections and registration.
(3) The office of the circuit court clerk, in a county in which a board has not been established under subdivision (1) or (2).
As added by P.L.3-1997, SEC.7. Amended by P.L.144-2001, SEC.1; P.L.225-2011, SEC.3; P.L.74-2017, SEC.1; P.L.170-2019, SEC.3.

IC 3-5-2-16.3 “De minimus change”
Sec. 16.3. (a) “De minimis change”, with respect to a certified voting system’s hardware, refers to a change to the hardware, the nature of which will not materially alter the system’s reliability, functionality, capability, or operation.
(b) For a hardware change to qualify as a de minimis change, the change must:
(1) maintain, unaltered, the reliability, functionality, capability, and operability of a system; and
(2) ensure that when hardware is replaced, the original hardware and the replacement hardware are electronically and mechanically interchangeable and have identical functionality and tolerances.
(c) The following are not de minimis changes:
(1) Software and firmware modifications.
(2) The change has reasonable and identifiable potential to affect the system’s operation and compliance with applicable voting system standards.
As added by P.L.76-2014, SEC.1.

IC 3-5-2-16.4 “Domicile”
Sec. 16.4. “Domicile” means residence, as determined under IC 3-5-5.
As added by P.L.258-2013, SEC.1.

IC 3-5-2-16.5 “Elderly”
Sec. 16.5. “Elderly” means a voter who is at least sixty-five (65) years of age.
As added by P.L.4-1991, SEC.2.

IC 3-5-2-17 “Elected office”
Sec. 17. “Elected office” means a federal office, state office, legislative office, school board office, or local office. Political party offices (such as precinct committeeman and state convention delegate) are not considered to be elected offices.
[Pre-1986 Recodification Citations: Part new; 3-1-4-10(b) part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-18 “Election day”
Sec. 18. “Election day” refers to the calendar day on which an election is held. [1986 Recodification Citation: New.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-19 “Election district”
Sec. 19. “Election district” means the area comprised by precincts where voters who are qualified to vote for a candidate or on a public question reside and whose votes a candidate or committee proposes to influence.
[Pre-1986 Recodification Citation: 3-4-1-8.]
As added by P.L.5-1986, SEC.1. Amended by P.L.219-2013, SEC.1.

IC 3-5-2-19.5 “Election division”
Sec. 19.5. “Election division” refers to the election division of the secretary of state’s office established by IC 3-6-4.2-1.
As added by P.L.8-1995, SEC.4.

IC 3-5-2-20 “Electorate”
Sec. 20. “Electorate” means all the voters eligible to vote in an election in the state or a political subdivision.
[Pre-1986 Recodification Citation: 3-1-1-2 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-20.5 “Electronic poll book”
Sec. 20.5. “Electronic poll book” means the combination of mechanical, electromechanical, and electronic equipment (including the software, firmware, and documentation required to program, control, and support the equipment) that is used to access and maintain the electronic poll list.
As added by P.L.64-2014, SEC.1.

IC 3-5-2-20.7 “Electronic poll list”
Sec. 20.7. “Electronic poll list” means a poll list that is maintained in a computer data base.
As added by P.L.64-2014, SEC.2.

IC 3-5-2-21 “Electronic voting system”
Sec. 21. “Electronic voting system” means a system in which:
(1) voters record their votes by activating touch-sensitive marking devices; and
(2) votes are counted by automatic tabulating machines. [Pre-1986 Recodification Citations: 3-2-4-1; 3-2-4-2(f).]
As added by P.L.5-1986, SEC.1. Amended by P.L.6-1986, SEC.2; P.L.3-1987, SEC.5.

IC 3-5-2-21.5 Repealed
As added by P.L.3-1997, SEC.8. Repealed by P.L.221-2005, SEC.144.

IC 3-5-2-22 “Executive”
Sec. 22. “Executive” means the following:
(1) The board of county commissioners, for a county that does not have a consolidated city.
(2) The mayor of the consolidated city, for a county having a consolidated city.
(3) The mayor, for a city.
(4) The president of the town council, for a town.
(5) The trustee, for a township.
[Pre-1986 Recodification Citations: 3-2-11-2; 36-1-2-5 part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.8-1989, SEC.1; P.L.77-2014, SEC.1; P.L.278-2019, SEC.1.

IC 3-5-2-23 “Expenditure”
Sec. 23. (a) “Expenditure” means a disbursement (whether characterized as an advance, a deposit, a distribution, a gift, a loan, a payment, a purchase, or a contract or promise to make a disbursement) of property (as defined in IC 35-31.5-2-253) that:
(1) is made for the purpose of influencing:

(A) the nomination or election to office of a candidate;
(B) the election of delegates to a state constitutional convention; or
(C) the outcome of a public question; and

(2) is made by:

(A) an individual, except that a contribution made by an individual is not considered to be an expenditure;
(B) a candidate’s committee;
(C) a regular party committee; or
(D) a political action committee.

(b) Whenever funds are transferred from one (1) committee to another, the disbursing committee is considered to be making an expenditure in the amount of the funds transferred.
[Pre-1986 Recodification Citations: 3-4-1-10; 3-4-1-16(b) part; 3-4-1-22 part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.114-2012, SEC.3.

IC 3-5-2-23.2 “Expedited basis”
Sec. 23.2. (a) Except as provided in subsection (b), “expedited basis” refers to the processing of:
(1) a voter registration application;
(2) a cancellation of a voter registration application;
(3) a transfer of a voter registration application; or
(4) another document that creates or amends the voter registration record of an individual;
not later than forty-eight (48) hours after the document is received by a county voter registration office or an agency required under IC 3-7 to transmit voter registration documents to a county voter registration office.
(b) If a voter registration application or other document listed in subsection (a) includes a partial Social Security number that must be submitted to the Commissioner of Social Security for verification under 42 U.S.C. 405(r), “expedited basis” refers to the processing of the application or document not later than forty-eight (48) hours after the bureau of motor vehicles commission receives verification from the Commissioner regardingthe partial Social Security number.
(c) This subsection applies to the processing of a voter registration document described in subsection (a)(1) that is received by a county voter registration office not more than seven
(7) days before the close of a registration period under IC 3-7-13-10. The processing of a document subject to this subsection on an “expedited basis” refers to processing not later than seven (7) days following the receipt of the document.
As added by P.L.14-2004, SEC.2. Amended by P.L.258-2013, SEC.2.

IC 3-5-2-23.7 “Fax”
Sec. 23.7. “Fax” refers to transmission of information by a facsimile (fax) machine.
As added by P.L.126-2002, SEC.2.

IC 3-5-2-24 “Federal office”
Sec. 24. “Federal office” refers to President of the United States, Vice President of the United States, and Senator and Representative in the Congress of the United States.
[Pre-1986 Recodification Citation: 3-4-1-11.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-24.5 “Filing”
Sec. 24.5. “Filing” means the following:
(1) For purposes of filing an electronic report under IC 3-9-4-4 or IC 3-9-5-7, when the requirements of IC 3-9-4-4 or IC 3-9-5-7 have been met.
(2) For all other purposes, when all of the following have occurred:
(A) The presentation of a document to an individual required to receive the document under this title.
(B) The receipt of the document by the individual.
(C) The recording of the date and time the document was received by the individual.
As added by P.L.10-1988, SEC.1. Amended by P.L.126-2002, SEC.3.

IC 3-5-2-25 “Fiscal body”
Sec. 25. “Fiscal body” means:
(1) county council, for a county not having a consolidated city;
(2) city-county council, for a consolidated city or county having a consolidated city;
(3) common council, for a second or third class city;
(4) town council, for a town;
(5) township board, for a township; or
(6) governing body or budget approval body, for any other political subdivision. [Pre-1986 Recodification Citations: 3-2-11-3; 3-4-8-1; 36-1-2-6 part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.8-1987, SEC.1; P.L.8-1989, SEC.2.

IC 3-5-2-26 “Fiscal officer”
Sec. 26. “Fiscal officer” means the city controller of a second class city or the clerk-treasurer of a town or third class city.
[Pre-1986 Recodification Citation: 36-1-2-7 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-26.2 “HAVA”
Sec. 26.2. “HAVA” refers to the Help America Vote Act of 2002 (52 U.S.C. 20901 through 52 U.S.C. 21145).
As added by P.L.209-2003, SEC.2. Amended by P.L.128-2015, SEC.1.

IC 3-5-2-26.3 “IDEA”
Sec. 26.3. “IDEA” refers to the Indiana data enhancement association established by IC 3-7-38.2-5.5.
As added by P.L.141-2020, SEC.1.

IC 3-5-2-26.4 “Inhabitant”
Sec. 26.4. “Inhabitant”, for purposes of:
(1) Article 4, Section 7 of the Constitution of the State of Indiana; and
(2) Article 6, Section 4 of the Constitution of the State of Indiana; means a person who resides at a location, as determined under IC 3-5-5. As added by P.L.258-2013, SEC.3.

IC 3-5-2-26.5 Repealed
As added by P.L.10-1988, SEC.2. Repealed by P.L.4-1991, SEC.147.

IC 3-5-2-26.6 “Independent”
Sec. 26.6. “Independent” means a candidate, or a ticket of candidates for President and Vice President of the United States or for governor and lieutenant governor, who states that the candidate or ticket is not affiliated with any political party.
As added by P.L.3-1993, SEC.4.

IC 3-5-2-26.7 “Individual with a nontraditional residence”
Sec. 26.7. “Individual with a nontraditional residence” means a person who:
(1) does not reside in a private residential dwelling or an institutional structure; and
(2) maintains a mobile residence or usually sleeps in a shelter, public area, or public right-of-way.
As added by P.L.12-1995, SEC.3.

IC 3-5-2-26.8 “Lawful detention”
Sec. 26.8. “Lawful detention” has the meaning set forth in IC 35-31.5-2-186.
As added by P.L.12-1995, SEC.4. Amended by P.L.114-2012, SEC.4.

IC 3-5-2-27 “Legislative body”
Sec. 27. “Legislative body” means the body having the power to adopt county, city, or town ordinances under IC 36-1-3-6.
[1986 Recodification Citation: New.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-27.3 “Legislative caucus committee”
Sec. 27.3. “Legislative caucus committee” means an organization that satisfies all of the following:
(1) The organization is organized by members of the general assembly who belong to the same state political party.
(2) The organization proposes to influence only the election of candidates for legislative office.
(3) The organization accepts contributions or makes expenditures that in the aggregate exceed one hundred dollars ($100) during a calendar year to influence only the election of candidates for legislative office.
As added by P.L.3-1997, SEC.9.

IC 3-5-2-28 “Legislative office”
Sec. 28. “Legislative office” refers to senator and representative in the general assembly. [Pre-1986 Recodification Citation: 3-4-1-19 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-29 “Local office”
Sec. 29. “Local office” means a circuit office, county office, city office, town office, township office, or other civil office for which the electorate of a political subdivision votes. The term includes all elected offices other than federal, state, legislative, and school board offices.
[Pre-1986 Recodification Citation: 3-4-1-13 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-30 “Major political party”
Sec. 30. “Major political party” refers to:
(1) with respect to the state, either of the two (2) parties whose nominees received the highest and second highest numbers of votes statewide for secretary of state in the last election; or
(2) with respect to a political subdivision, either of the two (2) parties whose nominees received the highest and second highest numbers of votes in that political subdivision for secretary of state in the last election.
[Pre-1986 Recodification Citation: 3-1-3-2 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-31 “Marking device”
Sec. 31. “Marking device” means:
(1) a pencil or pen for marking a paper ballot or ballot card; or
(2) an approved touch-sensitive device that automatically:
(A) registers a vote on an electronic voting system; or
(B) produces a marked optical scan ballot. [Pre-1986 Recodification Citation: 3-2-4-2(g).]
As added by P.L.5-1986, SEC.1. Amended by P.L.6-1986, SEC.3; P.L.3-1987, SEC.6; P.L.221-2005, SEC.5; P.L.13-2014, SEC.1; P.L.71-2019, SEC.4.

IC 3-5-2-31.5 “Member of the military or public safety officer”
Sec. 31.5. “Member of the military or public safety officer” has the meaning set forth in IC 10-14-2-5.
As added by P.L.120-2009, SEC.1.

IC 3-5-2-31.7 “Modification”
Sec. 31.7. “Modification”, for a certified voting system, refers to a change:
(1) in the software or firmware of the voting system; or
(2) to the hardware of the voting system that:
(A) materially alters the system’s reliability, functionality, capacity, or operation; or
(B) has a reasonable and identifiable potential to affect the voting system’s operation and compliance with the applicable voting system standards.
As added by P.L.76-2014, SEC.2.

IC 3-5-2-32 “Municipality”
Sec. 32. “Municipality” means a city or town. [Pre-1986 Recodification Citation: 3-1-1-2 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-32.5 Repealed
As added by P.L.3-1997, SEC.10. Repealed by P.L.176-1999, SEC.132.

IC 3-5-2-32.7 “Nomination date”
Sec. 32.7. “Nomination date” refers to the following:
(1) For candidates nominated in a primary election, the date of the primary election.
(2) For candidates nominated in a convention, the date the convention is scheduled to be called to order, according to the call of the convention issued by the political party.
(3) For candidates selected to fill a ballot vacancy, the date the certificate of selection of the candidate is filed under IC 3-13-1-15 or IC 3-13-2-8.
(4) For candidates nominated by petition, the final date the petition of nomination is permitted to be filed under IC 3-8-6-10(c).
(5) For write-in candidates, the final date the candidate’s declaration of intent to be a write-in candidate is permitted to be filed under IC 3-8-2-4.
As added by P.L.3-1997, SEC.11. Amended by P.L.176-1999, SEC.2.

IC 3-5-2-33 “Nominee”
Sec. 33. “Nominee” means a candidate:
(1) nominated by a political party at a primary election or convention under this title as the party’s candidate for an elected office in a general, municipal, or special election; or
(2) nominated by petition for an elected office. [1986 Recodification Citation: New.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-33.5 “NVRA”
Sec. 33.5. “NVRA” refers to the National Voter Registration Act of 1993 (52 U.S.C.
20501 through 52 U.S.C. 20511).
As added by P.L.12-1995, SEC.5. Amended by P.L.128-2015, SEC.2.

IC 3-5-2-33.7 “NVRA official”
Sec. 33.7. “NVRA official” refers to the designee under IC 3-7-11-1.
As added by P.L.8-1995, SEC.5.

IC 3-5-2-33.8 “Office”
Sec. 33.8. “Office” refers to the office of census data established by IC 2-5-1.1-12.2.
As added by P.L.212-2001, SEC.8. Amended by P.L.1-2002, SEC.7.

IC 3-5-2-33.9 “Optical scan ballot”; “optical scan voting system”
Sec. 33.9. (a) “Optical scan ballot” means a card or another paper on which votes are:
(1) recorded by marking the card with a marking device; and
(2) tabulated by an optical system that reads the marks on the card or paper.
(b) “Optical scan voting system” means a voting system using optical scan ballots. The term includes a voting system that consists of features of both a ballot card voting system and an electronic voting system.
As added by P.L.239-2001, SEC.3; Amended by P.L.13-2014, SEC.2; P.L.71-2019, SEC.5.

IC 3-5-2-34 “Organization”
Sec. 34. “Organization” means a person that is not an individual. The term includes a business firm or corporation, a limited liability company, a labor organization, a religious organization, a political club, a trustee, a receiver, or any other type of association or group of individuals.
[Pre-1986 Recodification Citation: 3-4-1-15 part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.8-1993, SEC.4.

IC 3-5-2-34.5 “Overseas voter”
Sec. 34.5. “Overseas voter” refers to any of the following:
(1) An absent uniformed services voter who, by reason of active duty or service, is absent from the United States on the date of the election involved.
(2) A person who resides outside the United States and is qualified to vote in the last place in which the person was domiciled before leaving the United States.
(3) A person who resides outside the United States and, but for such residence, would be qualified to vote in the last place in which the person was domiciled before leaving the United States.
As added by P.L.14-1993, SEC.2. Amended by P.L.12-1995, SEC.6; P.L.3-1997, SEC.12; P.L.126-2002, SEC.4.

IC 3-5-2-34.7 “Paper ballot”
Sec. 34.7. (a) “Paper ballot” refers to a ballot that is:
(1) marked by a voter using a pen or pencil; and
(2) designed to be counted by hand and not counted on an automatic tabulating machine.
(b) “Paper ballot” does not include a ballot card.
As added by P.L.58-2005, SEC.2.

IC 3-5-2-35 Repealed
[Pre-1986 Recodification Citation: 3-1-23-2 part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.7. Repealed by P.L.194-2013, SEC.1.

IC 3-5-2-36 “Person”
Sec. 36. “Person” means an individual or an organization. [Pre-1986 Recodification Citation: 3-4-1-15 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-37 “Political action committee”
Sec. 37. (a) Except as provided in subsection (b), “political action committee” means an organization located within or outside Indiana that satisfies all of the following:
(1) The organization proposes to influence:
(A) the election of a candidate for state, legislative, local, or school board office; or
(B) the outcome of a public question.
(2) The organization accepts contributions or makes expenditures during a calendar year:
(A) to influence the election of a candidate for state, legislative, local, or school board office or the outcome of a public question that will appear on the ballot in Indiana; and
(B) that in the aggregate exceed one hundred dollars ($100).
(3) The organization is not any of the following:
(A) An auxiliary party organization.
(B) A legislative caucus committee.
(C) A regular party committee.
(D) A candidate’s committee.
(b) A corporation or labor organization that makes a contribution in accordance with IC 3-9-2 or makes an expenditure is not considered a political action committee.
[Pre-1986 Recodification Citations: 3-4-1-14 part; 3-4-1-16(a), (b) part; 3-4-1-17.5 part; 3-4-1-20 part.] As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.8; P.L.7-1990, SEC.1; P.L.3-1995, SEC.5; P.L.3-1997, SEC.13; P.L.2-1998, SEC.2; P.L.176-1999, SEC.3.

IC 3-5-2-38 “Political subdivision”
Sec. 38. “Political subdivision” means a county, city, town, township, school corporation, public library, local housing authority, fire protection district, public transportation corporation, local building authority, local hospital authority or corporation, local airport authority, special service district, special taxing district, or other type of local governmental corporate entity.
[1986 Recodification Citation: New.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-39 “Polls”
Sec. 39. “Polls” means the room in a structure where the voters of a precinct vote by casting ballots on election day.
[Pre-1986 Recodification Citation: 3-1-1-2 part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.3-1987, SEC.9; P.L.169-2015, SEC.2.

IC 3-5-2-40 “Precinct”
Sec. 40. “Precinct” means a subdivision of a county or township established for election purposes.
[Pre-1986 Recodification Citations: 3-1-1-2 part; 3-1-8-1 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-40.1 “Precinct election officer”
Sec. 40.1. “Precinct election officer” means a person appointed to serve in a precinct as one (1) of the following:
(1) Inspector.
(2) Judge.
(3) Poll clerk.
(4) Assistant poll clerk.
(5) Election sheriff.
As added by P.L.3-1987, SEC.10.

IC 3-5-2-40.3 “Presidential elector”
Sec. 40.3. (a) “Presidential elector” refers to an elector for President and Vice President of the United States as provided in Article 2, Section 1, clause 2 of the Constitution of the United States and Section 3 of the Fourteenth Amendment to the Constitution of the United States.
(b) The term includes an alternate presidential elector elected as provided in IC 3-10-4, unless the text or the context of the statute provides otherwise.
As added by P.L.201-2017, SEC.1.

IC 3-5-2-40.5 “Proof of identification”
Sec. 40.5. (a) Except as provided in subsection (b), “proof of identification” refers to a document that satisfies all the following:
(1) The document shows the name of the individual to whom the document was issued, and the name conforms to the name in the individual’s voter registration record.
(2) The document shows a photograph of the individual to whom the document was issued.
(3) The document includes an expiration date, and the document:
(A) is not expired; or
(B) expired after the date of the most recent general election.
(4) The document was issued by the United States or the state of Indiana.
(b) Notwithstanding subsection (a)(3), a document issued by the United States Department of Defense, the United States Department of Veterans Affairs (or its predecessor, the Veterans Administration), a branch of the uniformed services, the Merchant Marine, or the Indiana National Guard that:
(1) otherwise complies with the requirements of subsection (a); and
(2) has no expiration date or states that the document has an indefinite expiration date; is sufficient proof of identification for purposes of this title.
As added by P.L.109-2005, SEC.1. Amended by P.L.118-2011, SEC.1; P.L.76-2014, SEC.3.

IC 3-5-2-40.6 “Provisional ballot”
Sec. 40.6. “Provisional ballot” refers to a ballot cast in accordance with the provisions of IC 3-11.7.
As added by P.L.126-2002, SEC.5.

IC 3-5-2-40.7 “Provisional voter”
Sec. 40.7. “Provisional voter” refers to an individual who is entitled to cast a provisional ballot under IC 3-11.7.
As added by P.L.126-2002, SEC.6.

IC 3-5-2-41 “Public question”
Sec. 41. “Public question” means a constitutional amendment, proposition, or other issue submitted to the electorate at an election.
[Pre-1986 Recodification Citation: 3-1-1-2 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-41.5 Repealed
As added by P.L.239-2001, SEC.4. Repealed by P.L.221-2005, SEC.145.

IC 3-5-2-41.6 Repealed
As added by P.L.239-2001, SEC.5. Repealed by P.L.221-2005, SEC.145.

IC 3-5-2-41.7 “Registration agency”
Sec. 41.7. “Registration agency” refers to any of the following:
(1) The bureau of motor vehicles.
(2) Any other agency at which individuals may register to vote under IC 3-7.
As added by P.L.126-2002, SEC.7.

IC 3-5-2-42 “Regular party committee”
Sec. 42. “Regular party committee” means:
(1) a central committee; or
(2) a national committee of a political party.
[Pre-1986 Recodification Citations: 3-4-1-14 part; 3-4-1-17 part; 3-4-1-17.5 part; 3-4-1-20 part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.3-1995, SEC.6.

IC 3-5-2-42.5 “Residence”
Sec. 42.5. “Residence” means the place:
(1) where a person has the person’s true, fixed, and permanent home and principal establishment; and
(2) to which the person has, whenever absent, the intention of returning.
As added by P.L.12-1995, SEC.7.

IC 3-5-2-43 Repealed
[Pre-1986 Recodification Citation: 3-1-1-2 part.]
As added by P.L.5-1986, SEC.1. Repealed by P.L.3-1987, SEC.570.

IC 3-5-2-44 “School board”
Sec. 44. “School board” means the fiscal body of a school corporation. [Pre-1986 Recodification Citation: 3-4-8-1 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-45 “School board office”
Sec. 45. “School board office” refers to an elected position on the school board of a school corporation.
[Pre-1986 Recodification Citation: 3-4-8-1 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-46 “School corporation”
Sec. 46. “School corporation” refers to a public school corporation established under IC 20.
[Pre-1986 Recodification Citation: 3-4-8-1 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-47 “School district”
Sec. 47. “School district” means the taxing district of a school corporation. [1986 Recodification Citation: New.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-47.5 “Signing the poll list”
Sec. 47.5. “Signing the poll list” means:
(1) a voter writing the voter’s name on the certified list of registered voters for the precinct prepared in accordance with IC 3-7-29-1; or
(2) a voter writing the voter’s name on an electronic poll book using an electronic signature pad, tablet, or other signature capturing device at a polling place, office of the circuit court clerk (under IC 3-11-10-26), or satellite office (as established under IC 3-11-10-26.3) where the use of an electronic poll book is authorized in accordance with IC 3-7-29-6.
As added by P.L.271-2013, SEC.1. Amended by P.L.258-2013, SEC.4; P.L.64-2014, SEC.3.

IC 3-5-2-48 “State office”
Sec. 48. “State office” refers to the following:
(1) Before January 11, 2021, the governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, superintendent of public instruction, attorney general, justice of the supreme court, judge of the court of appeals, and judge of the tax court.
(2) After January 10, 2021, the governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, justice of the supreme court, judge of the court of appeals, and judge of the tax court.
[Pre-1986 Recodification Citation: 3-4-1-19 part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.14-2004, SEC.3; P.L.219-2017, SEC.1; P.L.8-2019, SEC.1.

IC 3-5-2-48.5 “Testing authority”
Sec. 48.5. “Testing authority” means an independent test authority or independent laboratory:
(1) as described in the Voting System Standards issued by the Federal Election Commission on April 30, 2002; or
(2) accredited under Section 231 of HAVA (52 U.S.C. 20971).
As added by P.L.3-1997, SEC.14. Amended by P.L.126-2002, SEC.8; P.L.66-2003, SEC.2; P.L.221-2005, SEC.6; P.L.128-2015, SEC.3.

IC 3-5-2-49 “Town”
Sec. 49. “Town” refers to an incorporated town of any population. The term does not include cities.
[Pre-1986 Recodification Citation: 3-1-1-2 part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.3-1995, SEC.7.

IC 3-5-2-49.3 “Uniformed services”
Sec. 49.3. “Uniformed services” means the Army, Navy, Air Force, Marine Corps, and Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.
As added by P.L.3-1997, SEC.15.

IC 3-5-2-49.6 “United States”
Sec. 49.6. “United States”, as used in section 34.5 of this chapter, means any of the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa.
As added by P.L.3-1997, SEC.16.

IC 3-5-2-49.7 “Unknown or insufficient address”
Sec. 49.7. “Unknown or insufficient address” refers to an address on a mailing returned by the United States Postal Service with one (1) or more of substantially the following statements made on the mailing by the United States Postal Service or a person residing at the address to which the mailing was sent:
(1) Attempted-Not Known.
(2) Box Closed.
(3) Deceased.
(4) Forwarding time expired.
(5) Insufficient Address.
(6) Left No Address.
(7) Moved.
(8) No such number.
(9) No such office in state.
(10) No such street.
(11) Not deliverable as addressed.
(12) Refused.
(13) Returned for better address.
(14) Returned to sender.
(15) Unable to forward.
(16) Unclaimed.
(17) Undeliverable as addressed.
(18) Vacant.
As added by P.L.64-2014, SEC.4.

IC 3-5-2-49.8 “Vote center”
Sec. 49.8. “Vote center” means a polling place where a voter who resides in the county in which the vote center is located may vote without regard to the precinct in which the voter resides.
As added by P.L.1-2011, SEC.1.

IC 3-5-2-49.9 Expired
As added by P.L.164-2006, SEC.1. Amended by P.L.108-2008, SEC.1. Expired 12-31-2010 by P.L.108-2008, SEC.1.

IC 3-5-2-50 “Voter”
Sec. 50. “Voter” means a person who is qualified and registered to vote in an election. [Pre-1986 Recodification Citations: 3-1-1-2 part; 3-1-7-28 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-2-50.1 “Voter identification number”
Sec. 50.1. “Voter identification number” refers to the number determined for a voter under IC 3-7-13-13.
As added by P.L.199-2001, SEC.1.

IC 3-5-2-50.2 “Voter with disabilities”
Sec. 50.2. “Voter with disabilities” means a voter who has a permanent or temporary physical disability, as set forth in 52 U.S.C. 20107.
As added by P.L.4-1991, SEC.3. Amended by P.L.128-2015, SEC.4.

IC 3-5-2-50.4 “Voter’s bill of rights”
Sec. 50.4. “Voter’s bill of rights” refers to the statement prescribed by the commission under IC 3-5-8.
As added by P.L.126-2002, SEC.9.

IC 3-5-2-50.6 Repealed
As added by P.L.4-1991, SEC.4. Repealed by P.L.221-2005, SEC.145.

IC 3-5-2-51 “Voting mark”
Sec. 51. “Voting mark” means any of the following:
(1) A cross mark or check mark (X or ) on a hand-counted paper ballot.
(2) A shaded-in circle, oval, or square, or a connected arrow on an optical scan ballot card.
(3) A highlighted area on a direct record electronic voting system.
As added by P.L.6-1986, SEC.4. Amended by P.L.194-2013, SEC.2.

IC 3-5-2-52 “Voting method”
Sec. 52. “Voting method” means the use of:
(1) paper ballots;
(2) ballot card voting systems;
(3) electronic voting systems; or
(4) any combination of these; to register votes in a precinct.
As added by P.L.3-1987, SEC.11. Amended by P.L.221-2005, SEC.7.

IC 3-5-2-53 “Voting system”
Sec. 53. “Voting system” means, as provided in 52 U.S.C. 21081:
(1) the total combination of mechanical, electromechanical, or electronic equipment (includingthe software, firmware, and documentation required to program, control, and support that equipment) that is used:
(A) to define ballots;
(B) to cast and count votes;
(C) to report or display election results; and
(D) to maintain and produce any audit trail information; and
(2) the practices and associated documentation used:
(A) to identify system components and versions of those components;
(B) to test the system during its development and maintenance;
(C) to maintain records of system errors and defects;
(D) to determine specific system changes to be made to a system after the initial qualification of the system; and
(E) to make available any materials to the voter (such as notices, instructions, forms, or paper ballots).
As added by P.L.4-1991, SEC.5. Amended by P.L.209-2003, SEC.3; P.L.164-2006, SEC.2; P.L.128-2015, SEC.5.

IC 3-5-2-53.2 “VSTOP”
Sec. 53.2. “VSTOP” refers to the voting system technical oversight program established by IC 3-11-16-2.
As added by P.L.71-2019, SEC.6.

IC 3-5-2-54 “Write-in candidate”
Sec. 54. “Write-in candidate” means a candidate:
(1) who has filed a declaration of intent to be a write-in candidate; and
(2) whose declaration of intent to be a write-in candidate has been accepted by the appropriate authority under IC 3-8-2-5 and IC 3-8-2-6.
As added by P.L.4-1991, SEC.6.

IC 3-5-3 Chapter 3. Local Government Election Expenses

IC 3-5-3-1 Payment of expenses by county and municipality; appropriations
Sec. 1. (a) Except as provided in sections 7 through 10 of this chapter, the county auditor shall pay the expenses of voter registration and for all election supplies, equipment, and expenses out of the county treasury in the manner provided by law. The county fiscal body shall make the necessary appropriations for these purposes.
(b) The county executive shall pay to the circuit court clerk or board of registration the expenses of:
(1) removing voters from the registration record under IC 3-7-43, IC 3-7-45, or IC 3-7-46; and
(2) performing voter list maintenance programs under IC 3-7; out of the county treasury without appropriation.
(c) Registration expenses incurred by a circuit court clerk or board of registration for:
(1) the salaries of members of a board of registration appointed under IC 3-7-12-9;
(2) the salaries of chief clerks appointed under IC 3-7-12-17; and
(3) the salaries of assistants employed under IC 3-7-12-19;
may not be charged to a municipality. However, the municipality may be charged for wages of extra persons employed to provide additional assistance reasonably related to the municipal election.
[Pre-1986 Recodification Citations: 3-1-4-5(d) part; 3-1-7-5(a); 3-1-5-16 part; 3-1-14-13; 3-1-23-14; 3-1-31-4; 3-2-7-4(a) part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.9-1987, SEC.1; P.L.15-1993, SEC.1; P.L.12-1995, SEC.8; P.L.4-1996, SEC.2.

IC 3-5-3-2 County election and registration fund; tax levy
Sec. 2. The legislative body of a county may establish a county election and registration fund for the purpose of paying for all the expenses specified in section 1 of this chapter. The legislative body may annually levy a tax on all taxable property in the county, in the manner that other taxes are levied, sufficient to meet the average annual expenses specified in section 1 of this chapter. The county shall deposit the revenues from this tax into the fund.
[Pre-1986 Recodification Citation: 3-2-5-1 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-3-3 Payment of election and registration expenses from fund
Sec. 3. After a county election and registration fund has been established, the county shall budget and pay for all the expenses specified in section 1 of this chapter from the fund. The county may not use the money in the fund for any other purpose. Whenever a municipality reimburses the county for expenses under this chapter, the county shall deposit the money received from the municipality into the fund.
[Pre-1986 Recodification Citation: 3-2-5-1 part.]
As added by P.L.5-1986, SEC.1.

IC 3-5-3-4 Monitoring of fund by county executive; ordinance authorizing transfer between funds
Sec. 4. After a county election and registration fund has been established, the county executive shall monitor the fund to determine if it contains sufficient money to meet the obligations of the fund. Whenever the executive finds that there is not sufficient money in the fund, the executive may request that the county fiscal body adopt an ordinance authorizing a transfer between funds. If the ordinance is adopted, the executive shall order the county auditor to transfer the amount specified in the ordinance from the general fund of the county to the election and registration fund.
[Pre-1986 Recodification Citation: 3-2-5-2.]
As added by P.L.5-1986, SEC.1.

IC 3-5-3-5 Counties without election and registration fund; payment of expenses from general fund
Sec. 5. In a county that does not have an election and registration fund established under this chapter, the county shall budget and pay for all the expenses specified in section 1 of this chapter from the general fund of the county.
[Pre-1986 Recodification Citations: 3-1-9-14; 3-2-5-3.]
As added by P.L.5-1986, SEC.1.

IC 3-5-3-6 Repealed
[Pre-1986 Recodification Citations: 3-1-7-5(b); 3-2-7.6-16(b).]
As added by P.L.5-1986, SEC.1. Repealed by P.L.9-1987, SEC.7.

IC 3-5-3-7 Municipal elections conducted by county election board; expenses
Sec. 7. All expenses for a municipal primary election or municipal election that is conducted by a county election board shall be allowed by the county executive and shall be paid out of the general fund of the county, without any appropriation being required. The county auditor shall certify the amount of that allowance to the fiscal officer of the municipality not later than thirty (30) days after the municipal primary or municipal election. The fiscal body of the municipality shall make the necessary appropriation to reimburse the county for the expense of the primary election or election not later than December 31 of the year in which the municipal election is conducted.
[Pre-1986 Recodification Citation: 3-2-7-4(a) part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.14-2004, SEC.4.

IC 3-5-3-8 Apportionment of municipal election expenses
Sec. 8. (a) Except as provided in subsection (b), during the period that begins ninety (90) days before a municipal primary election and continues until the day after the following municipal election, all expenses of the primary election and election that cannot be chargeable directly to any municipality shall be apportioned as follows:
(1) Twenty-five percent (25%) to the county.
(2) Seventy-five percent (75%) to the municipalities in the county holding the municipal primary election and municipal election.
(b) The apportionment made under subsection (a) does not apply to a town that has entered into an agreement with the county under IC 3-10-7-4 to pay the county a fixed amount for the expenses described in subsection (a).
(c) This subsection applies to a county that is designated as a vote center county under IC 3-11-18.1. During the period that begins ninety (90) days before a municipal primary election and continues until the day after the following municipal election, all expenses incurred by the county in conducting the municipal primary election and municipal election shall be apportioned among the municipalities in the county holding a municipal primary and municipal election.
[Pre-1986 Recodification Citation: 3-2-7-4(a) part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.9-1987, SEC.2; P.L.14-2004, SEC.5; P.L.74-2017, SEC.2.

IC 3-5-3-9 Apportionment among municipalities
Sec. 9. (a) Except as provided in subsections (c) and (d), whenever more than one (1) municipality in a county conducts a municipal primary election, the seventy-five percent (75%) of expenses that cannot be chargeable directly to any particular municipality under section 8 of this chapter shall be apportioned to each municipality in the same ratio that the number of voters who cast a ballot in the municipality at the municipal primary election bears to the total number of voters who cast a ballot in all of the municipalities in the county at that municipal primary election.
(b) Except as provided in subsections (c) and (d), whenever more than one (1) municipality in a county conducts a municipal election, the seventy-five percent (75%) of expenses that are not chargeable directly to any particular municipality under section 8 of this chapter must be apportioned to each municipality in the same ratio that the number of voters who cast a ballot in the municipality at the municipal election bears to the total number of voters who cast a ballot in all of the municipalities in the county that conducted a municipal election.
(c) The apportionment made under subsection (a) does not apply to a town that has entered into an agreement with the county under IC 3-10-7-4 to pay the county a fixed amount for the expenses described in subsection (a).
(d) This subsection:
(1) applies to a county designated as a vote center county under IC 3-11-18.1; and
(2) does not apply to a town that has entered into an agreement with the county under IC 3-10-7-4 to pay the county a fixed amount for its municipal primary election and municipal election expenses.
All expenses incurred by the county in conducting the municipal primary election and municipal election shall be apportioned to each municipality in the same ratio that the number of voters who cast a ballot in the municipality at the municipal primary election or the municipal election bears to the total number of voters who cast a ballot in all of the municipalities in the county at that municipal primary election or municipal election.
[Pre-1986 Recodification Citation: 3-2-7-4(a) part.]
As added by P.L.5-1986, SEC.1. Amended by P.L.9-1987, SEC.3; P.L.10-1988, SEC.3; P.L.14-2004, SEC.6; P.L.74-2017, SEC.3.

IC 3-5-3-10 Itemization of expenses
Sec. 10. The county election board shall, on a form prescribed under IC 3-6-4.1-14, itemize all the expenses of any election for which a municipality is required to reimburse the county.
[Pre-1986 Recodification Citation: 3-2-7-4(b).]
As added by P.L.5-1986, SEC.1. Amended by P.L.14-2004, SEC.7.

IC 3-5-3-11 Assessment of town for cost of election
Sec. 11. Notwithstanding section 7 of this chapter, in a year in which a town election coincides with a general election, the county election board may not assess the town for the cost of the election.
[Pre-1986 Recodification Citation: 3-2-7-4(c).]
As added by P.L.5-1986, SEC.1.

IC 3-5-3-12 Special election; costs
Sec. 12. (a) This section applies to a special election that is conducted:
(1) on the same date as another election; and
(2) in precincts in which the other election is not conducted on that date.
(b) This section does not apply to a special election conducted in a county at the same time as:
(1) a primary election conducted in a general election year; or
(2) a general election.
(c) If a statute requires that a political subdivision pay all costs of conducting a special election, then the political subdivision is required to pay only the costs incurred for conducting the special election in the precincts in which the other election is not conducted on that date. The cost incurred by the political subdivision shall be determined based on the ratio that the number of voters who cast a ballot in the precincts in which the other election is not conducted bears to the total number of voters who cast a ballot in all elections conducted within the county on that date.
As added by P.L.74-2017, SEC.4.

IC 3-5-4 Chapter 4. Miscellaneous Provisions

IC 3-5-4-1 Time for filing
Sec. 1. Whenever this title specifies a final day for a particular filing but no final hour of that day, the final hour for the receipt of the particular filing is noon, prevailing time, of that final day.
[Pre-1986 Recodification Citation: 3-1-1-2.5.]
As added by P.L.5-1986, SEC.1.

IC 3-5-4-1.2 Acceptance of documents declaring or certifying candidacy by entity other than the secretary of state void; exceptions
Sec. 1.2. (a) Whenever this title requires that a document declaring or certifying the candidacy of a person be filed with the election division or the secretary of state as a condition for the filing to be effective:
(1) a county election board;
(2) a circuit court clerk;
(3) a county voter registration office;
(4) a board of elections and registration; or
(5) a town election board;
may not accept the filing on behalf of the election division or the secretary of state.
(b) A county election board, circuit court clerk, county voter registration office, board of elections and registration, or town election board that accepts a document that is required to be filed with the election division or the secretary of state as a condition for the filing to be effective:
(1) may not act as an agent of the election division or the secretary of state; and
(2) is not required to transmit the filing to the election division or the secretary of state.
(c) If a board, office, or clerk referred to in subsection (a)(1) through (a)(5) accepts a document that is required to be filed with the election division or the secretary of state as a condition for the filing to be effective, the following apply:
(1) The filing is void.
(2) The name of a candidate set forth in the filing may not appear on the ballot, unless the document is filed with the election division or the secretary of state in the manner required by this title.
As added by P.L.124-2012, SEC.1.

IC3-5-4-1.3 Statement to candidate; delivery; contents
Sec. 1.3. (a) Not later than the close of one (1) business day after a person files a declaration of candidacy, a request for placement on the presidential primary ballot, a certificate of nomination by a convention, a certificate of nomination by petition, a certification of candidate selection to fill a ballot vacancy, or a declaration of intent to be a write-in candidate in the office of the election division or circuit court clerk, the election division or circuit court clerk shall send a statement to the candidate by:
(1) hand delivery;
(2) first class United States mail; or
(3) electronic mail, if an electronic mail address has been provided by the person; to the mailing address or electronic mail address set forth in the document filed with the office.
(b) The statement must set forth the following:
(1) That the candidate has filed the document described in subsection (a).
(2) The name of the candidate.
(3) The office for which the individual is a candidate.
(4) The date on which the document was filed.
(5) That acceptance of the document for filing does not prevent the filing from being challenged in the manner set forth in this title.
As added by P.L.278-2019, SEC.2.

IC 3-5-4-1.5 Time for commencement of legal actions
Sec. 1.5. (a) This section applies if this title requires that a legal action be taken at the office of:
(1) the secretary of state or the election division; or
(2) a circuit court clerk or a political subdivision.
(b) Notwithstanding IC 4-1-2-2, if the final day or time for performing the action falls on a day or time when the office is not open to conduct public business or on a day observed as a holiday under IC 1-1-9, the legal action may be performed:
(1) on the next day that the office is open for public business; or
(2) through noon of the next day that the office is open for public business if the action to be performed is the receipt of a filing.
As added by P.L.3-1993, SEC.5. Amended by P.L.3-1995, SEC.8; P.L.169-2015, SEC.3; P.L.74-2017, SEC.5.

IC 3-5-4-1.7 Filings by fax or electronic mail and certain uses of electronic, digital or photocopied signatures prohibited
Sec. 1.7. (a) Except as otherwise expressly authorized or required under this title, a filing by a person with a commission, the election division, an election board, or a county voter registration office may not be made by fax or electronic mail.
(b) A petition of nomination filed with a county voter registration office under IC 3-8-2, IC 3-8-2.5, IC 3-8-3, or IC 3-8-6 or a petition to place a public question on the ballot, or any other petition filed that requires the county voter registration office to certify the validity of signatures, may not contain the electronic signature, digital signature, digitized signature, or photocopied signature of a voter. As added by P.L.230-2005, SEC.1. Amended by P.L.219-2013, SEC.2; P.L.74-2017, SEC.6; P.L.257-2019, SEC.1.

IC 3-5-4-1.9 Late filings
Sec. 1.9. (a) This section does not apply to a delinquent campaign finance filing received under IC 3-9.
(b) This section does not apply to an application for voter registration received while registration is closed under IC 3-7.
(c) Except as otherwise provided in this title, the election division, an election board, a circuit court clerk, a county voter registration office, or any other official responsible for receiving a filing under this title may not receive a filing that is offered to be filed after a deadline for the filing provided by this title.
As added by P.L.164-2006, SEC.3. Amended by P.L.225-2011, SEC.4.

IC 3-5-4-2 Repealed
[Pre-1986 Recodification Citation: 3-1-21-7 part.]
As added by P.L.5-1986, SEC.1. Repealed by P.L.3-1987, SEC.570.

IC 3-5-4-3 Repealed
[Pre-1986 Recodification Citation: 3-1-21-7 part.]
As added by P.L.5-1986, SEC.1. Repealed by P.L.3-1987, SEC.570.

IC 3-5-4-4 Immunity from arrest while at or going to and from polls
Sec. 4. A voter is not subject to arrest while going to the polls, while in attendance there, and while returning from the polls. However, this section does not apply in a case of:
(1) treason;
(2) felony; or
(3) breach of the peace.
[Pre-1986 Recodification Citation: 3-1-21-5.]
As added by P.L.5-1986, SEC.1.

IC 3-5-4-5 Repealed
[Pre-1986 Recodification Citation: 3-1-11-12.]
As added by P.L.5-1986, SEC.1. Repealed by P.L.3-1993, SEC.282.

IC 3-5-4-6 Repealed
As added by P.L.3-1987, SEC.12. Repealed by P.L.225-2011, SEC.93.

IC 3-5-4-7 References to federal statutes or regulations
Sec. 7. Except as otherwise provided in this title, a reference to a federal statute or regulation in this title is a reference to the statute or regulation as in effect September 1, 2014.
As added by P.L.12-1995, SEC.9. Amended by P.L.3-1995, SEC.9; P.L.4-1996, SEC.3; P.L.122-2000, SEC.1; P.L.209-2003, SEC.4; P.L.230-2005, SEC.2; P.L.225-2011, SEC.5; P.L.128-2015, SEC.6.

IC 3-5-4-8 Approval of forms
Sec. 8. (a) Except as provided in subsection (e), but notwithstanding any other statute, whenever the election division acts under IC 3-6-4.2-12 to approve a uniform election or registration form for use throughout Indiana or to approve a revision to an existing form, a person must use the most recent version of the form approved by the election division to comply with this title after the effective date of the election division’s order approving the form.
(b) Except as provided in subsection (d) or (f), before an order approving a form takes effect under this section, the election division shall transmit a copy of each form or revised form approved by the order to the following:
(1) Each circuit court clerk, if the election division determines that the form is primarily used by a candidate, a county election board member, a county or town political party, or for absentee or provisional ballot purposes.
(2) Each county voter registration office, if the election division determines that the form is primarily used in voter registration.
(3) The state chairman of each major political party.
(4) The state chairman of any other political party who has filed a written request with the election division during the preceding twelve (12) months to be furnished with copies of forms.
(c) The election division, an election board, a circuit court clerk, a county voter registration office, or any other official responsible for receiving a filing under this title shall reject a filing that does not comply with this section.
(d) The election division shall specify the effective date of the form or revised form and may do any of the following:
(1) Delay the effective date of the approval of a form or revised form.
(2) Permit an earlier approved version of the form or an alternative form to be used before the effective date of the form.
(3) Provide for a retroactive effective date for the approval of the form.
(e) The election division may allow an earlier approved version of the form to be used if the:
(1) earlier version of the form complies with all other requirements imposed under federal law or this title; and
(2) election division determines that the existing stock of the form should be exhausted to prevent waste and unnecessary expense.
(f) This subsection applies to a form that the election division determines is used primarily by the election division. The election division may provide that an order concerning a form described by this subsection is effective immediately upon adoption, without anyrequirement to distribute the form to other persons.
(g) A form approved by the commission under this section before July 1, 2015, is considered to be approved by the election division without any further action by the election division being required.
As added by P.L.3-1997, SEC.17. Amended by P.L.38-1999, SEC.2; P.L.126-2002, SEC.10; P.L.194-2013, SEC.3; P.L.169-2015, SEC.4.

IC 3-5-4-9 Name or signature of circuit court clerk on ballot
Sec. 9. (a) This section applies whenever the individual who holds the office of circuit court clerk is a candidate on the ballot for any office.
(b) As used in this section, “ballot” refers to an absentee ballot, a ballot card, or any other form of ballot.
(c) Notwithstanding any law requiring the name or signature of the circuit court clerk to appear on a ballot for authentication or any other purpose, the name or signature of the individual who is circuit court clerk may not appear on the ballot except to indicate that the individual is a candidate for an office.
(d) The circuit court clerk shall substitute a uniform device or symbol prescribed by the commission for the circuit court clerk’s printed name or signature to authenticate a ballot. As added by P.L.263-2003, SEC.1. Amended by P.L.230-2005, SEC.3.

IC 3-5-4-10 Ownership and preservation of ballots, poll lists, and other materials generated for or used by the convention or caucus
Sec. 10. (a) This section applies to:
(1) a convention required or permitted under this title that is conducted by a political party to nominate candidates; or
(2) a caucus conducted by a political party under IC 3-13 to nominate candidates.
(b) The ballots, poll lists, and other documents or material generated for or used by the convention or caucus are the property of the political party. This property shall be retained and preserved in the manner specified by the rules of the political party.
As added by P.L.9-2004, SEC.1.

IC 3-5-4-11 Expired
As added by P.L.179-2011, SEC.1. Amended by P.L.219-2013, SEC.3. Expired 7-1-2016 by P.L.219-2013, SEC.3.

IC 3-5-4-12 Agreement to use a threat intelligence and enterprise security company to provide hardware, software, and other services
Sec. 12. (a) Not later than July 1, 2020, each county shall enter into an agreement with the secretary of state to use a threat intelligence and enterprise security company designated by the secretary of state to provide hardware, software, and services to:
(1) investigate cybersecurity attacks;
(2) protect against malicious software; and
(3) analyze information technology security risks.
(b) The agreement to provide services to a county under this section:
(1) has no effect on any threat intelligence and enterprise security service provided to the county by any other agreement with a provider or by any county employee or contractor; and
(2) must be designed to complement any existing service agreement or service used by the county;

when the county enters into the agreement. This section expires January 1, 2023.
As added by P.L.135-2020, SEC.1

IC 3-5-4.5 Chapter 4.5. Standards for Challenges to Voters

IC 3-5-4.5-1 Application of chapter
Sec. 1. This chapter applies to a challenge to a voter made by a precinct election officer, a watcher, a challenger, or a pollbook holder under this title.
As added by P.L.164-2006, SEC.4.

IC 3-5-4.5-2 Challenges based on student status
Sec. 2. A person may not challenge the right of an individual to vote at an election in the precinct solely on the basis of the individual’s:
(1) enrollment in an educational institution; or
(2) registration to vote at an address that is housing provided for students by the educational institution.
As added by P.L.164-2006, SEC.4.

IC 3-5-4.5-3 Challenges based on political views
Sec. 3. Except as permitted in a primary election under IC 3-10-1, a person may not challenge the right of an individual to vote at an election in the precinct solely on the basis of the individual’s:
(1) actual or perceived affiliation with a political party; or
(2) support or opposition to a candidate or the adoption of a public question.
As added by P.L.164-2006, SEC.4.

IC 3-5-4.5-4 Removal of officer or voiding of credentials upon violation
Sec. 4. If a county election board determines that a person has violated a provision of this chapter, the board may remove a precinct election officer from office or void the credentials of a watcher, challenger, or pollbook holder.
As added by P.L.164-2006, SEC.4.

IC 3-5-4.5-5 Referral to prosecuting attorney
Sec. 5. If a county election board determines that a person has knowingly violated a provision of this chapter, the county election board may refer the matter to the prosecuting attorney as a violation of IC 3-14-3-4 (obstruction of a voter).
As added by P.L.164-2006, SEC.4.

IC 3-5-5 Chapter 5. Standards for Determining Residency

IC 3-5-5-0.2 Affect of certain amendments by P.L.258-2013
Sec. 0.2. Notwithstanding any other law, the additions and amendments to IC 3-5-2 or this chapter made by SEA 519-2013 do not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before July 1, 2013. Those rights, liabilities, penalties, offenses, and proceedings continue and shall be imposed and enforced under prior law as if SEA 519-2013 had not been enacted. As added by P.L.258-2013, SEC.5.

IC 3-5-5-0.3 Limitations; additions and amendments enacted in 2015
Sec. 0.3. Notwithstanding any other law, the additions and amendments to IC 3-5-2 or this chapter made by legislation enacted in the 2015 regular session of the general assembly do not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before July 1, 2015. Those rights, liabilities, penalties, offenses, and proceedings continue and shall be imposed and enforced under prior law as if the legislation had not been enacted.
As added by P.L.169-2015, SEC.5.

IC 3-5-5-0.5 “Immediate family”
Sec. 0.5. For purposes of this chapter, an individual’s “immediate family” includes the spouse, children, stepchildren, parents, or grandparents of the individual.
As added by P.L.258-2013, SEC.6.

IC 3-5-5-1 Purpose of chapter
Sec. 1. This chapter shall be used to determine the residency of the following:
(1) A voter or a person applying to become a voter.
(2) A candidate.
(3) A person holding an elected office.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-2 Methods of establishing residency
Sec. 2. A person’s residence may be established by:
(1) origin or birth;
(2) intent and conduct taken to implement the intent; or
(3) operation of law.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-3 Residence in more than one precinct or both in and out of state
Sec. 3. (a) A person does not have residence in more than one (1) precinct within Indiana.
(b) For purposes of this chapter, a person does not have residence both within Indiana and outside Indiana.
As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.7.

IC 3-5-5-4 Abandonment of residence
Sec. 4. A person who has a residence in a precinct retains residency in that precinct until the person abandons the residence by:
(1) having the intent to abandon the residence;
(2) having the intent to establish a new residence; and
(3) acting as provided in this intent by establishing a residence in a new precinct.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-5 Absence due to state or federal business
Sec. 5. As provided in Article 2, Section 4 of the Constitution of the State of Indiana, a person does not lose residence in a precinct in Indiana by reason of the person’s absence on the business of:
(1) the state of Indiana; or
(2) the United States.
As added by P.L.12-1995, SEC.10. Amended by P.L.3-1995, SEC.10; P.L.258-2013, SEC.8.

IC 3-5-5-6 Presumptions regarding residency; rebuttable
Sec. 6. (a) Sections 7 through 17 of this chapter establish presumptions regarding the residency of a person in a precinct. A person can rebut these presumptions by demonstrating intent to reside in another precinct and conduct taken to implement that intent.
(b) An individual who makes a statement regarding the residence of the individual, under the penalties for perjury, is presumed to reside at the location specified by the individual, as of the date of making the statement.
As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.9.

IC 3-5-5-7 Temporary residency
Sec. 7. (a) Subject to section 6 of this chapter, a person does not gain residency in a precinct in which the person is physically present for:
(1) temporary employment;
(2) educational purposes, except as provided in subsection (b);
(3) preparing to purchase or occupy a residence; or
(4) other purposes;
without the intent of making a permanent home in the precinct.
(b) The following apply to a student attending a postsecondary educational institution in Indiana:
(1) A student who applies to register to vote shall state the student’s residence address.
(2) A student has only one (1) residence for purposes of this title.
(3) A student may state the student’s residence as either of the following, but not both:
(A) The address where the student lives when the student attends the postsecondary educational institution where the student pursues the student’s education.
(B) The address where the student lives when the student is not attending the postsecondary educational institution where the student pursues the student’s education.
As added by P.L.12-1995, SEC.10. Amended by P.L.3-1997, SEC.18; P.L.164-2006, SEC.5; P.L.258-2013, SEC.10; P.L.169-2015, SEC.6.

IC 3-5-5-8 Loss of residency; moving out of state with intent to make new residence
Sec. 8. Subject to section 6 of this chapter, if a person is physically present within another state with the intention of making that state the person’s residence, the person loses residency in Indiana.
As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.11.

IC 3-5-5-9 Loss of residency; moving out of state with intent to remain for indefinite time
Sec. 9. Subject to section 6 of this chapter, if a person is physically present within another state with the intention of remaining in the other state for an indefinite time as a place of residence, the person loses residency in Indiana, even if the person intends to return at some time.
As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.12.

IC 3-5-5-10 Change in precinct of residence
Sec. 10. Subject to section 6 of this chapter, if a person is physically present within another precinct in Indiana with the intention of making that precinct the person’s residence, the person loses residency in the precinct that the person left.
As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.13.

IC 3-5-5-11 Location of immediate family as residence
Sec. 11. The place where a person’s immediate family resides is the person’s residence, unless the family’s residence is:
(1) a temporary location for the person’s immediate family; or
(2) for transient purposes.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-12 Living away from family while conducting business
Sec. 12. Except as provided in section 13 of this chapter, if:
(1) a person’s immediate family resides in one (1) place; and
(2) the person does business in another place;
the residence of the immediate family is the person’s residence.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-13 Residence; living away from family with intent to remain away
Sec. 13. Subject to section 6 of this chapter, if a person:
(1) is living at a place other than the residence of the person’s immediate family; and
(2) has the intention of remaining at that place and engages in conduct to carry out that intent;
the place where the person lives is the person’s residence.
As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.14.

IC 3-5-5-14 Establishment of voting residence separate from spouse
Sec. 14. Subject to section 6 of this chapter, a married person who does not live in a household with the person’s spouse may establish a separate residence from the residence of the person’s spouse by intending to do so and engaging in conduct to carry out that intent. As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.15.

IC 3-5-5-15 Unmarried persons
Sec. 15. Subject to section 6 of this chapter, the residence of a person who:
(1) is unmarried; and
(2) does not have an immediate family;
is where the person usually sleeps if that is the intent of the person, and the person engages in conduct to carry out that intent.
As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.16.

IC 3-5-5-16 Residents of veterans home
Sec. 16. A person who resides in a veterans home is a resident of the precinct in which the home is located.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-17 Persons committed to institutions for individuals with a mental illness
Sec. 17. (a) This section applies to an individual who is:
(1) adjudged mentally ill; and
(2) committed to an institution for individuals with a mental illness.
(b) An individual described in subsection (a) has only one (1) residence for purposes of this title.
(c) An individual described in subsection (a) may state the individual’s residence as either of the following, but not both:
(1) The address of the institution where the individual has been committed.
(2) The address where the individual lives when the individual is not committed to an institution.
As added by P.L.12-1995, SEC.10. Amended by P.L.99-2007, SEC.4; P.L.3-2018, SEC.1.

IC 3-5-5-18 Nontraditional residence
Sec. 18. Notwithstanding IC 3-5-2-42.5, an individual with a nontraditional residence whose residence is within a precinct, but is not fixed or permanent, resides in that precinct.
As added by P.L.12-1995, SEC.10.

IC 3-5-6 Chapter 6. Standards for Certifying Documents Signed by Registered Voters

IC 3-5-6-1 Applicability of chapter
Sec. 1. This chapter must be used to determine whether a registered voter has signed a document required or permitted to be certified by a county voter registration office.
As added by P.L.3-1997, SEC.19.

IC 3-5-6-2 Resolution of reasonable doubt in favor of registered voter
Sec. 2. In a case where:
(1) the county voter registration office is uncertain whether a signature has been affixed by a registered voter; and
(2) this chapter does not establish a standard to be applied in that case;
a reasonable doubt must be resolved in favor of the registered voter, and the signature must be certified as valid.
As added by P.L.3-1997, SEC.19.

IC 3-5-6-3 Variations from name in county records
Sec. 3. Whenever the name of an individual, as printed or signed, contains a minor variation from the name of a registered voter as set forth in the records of the county voter registration office, the signature must be certified as valid.
As added by P.L.3-1997, SEC.19.

IC 3-5-6-4 Minor variations in addresses
Sec. 4. Whenever the residence address or mailing address of an individual contains a minor variation from the residence address or mailing address of a registered voter, the signature must be certified as valid.
As added by P.L.3-1997, SEC.19.

IC 3-5-6-5 Substantial variations in addresses
Sec. 5. Notwithstanding sections 3 and 4 of this chapter, if the residence address or mailing address of an individual contains a substantial variation from the residence address or mailing address of a registered voter as set forth in the records of the county voter registration office, the signature is invalid and may not be certified.
As added by P.L.3-1997, SEC.19.

IC 3-5-6-6 Substantial conformity of signatures required
Sec. 6. (a) Whenever the signature of an individual does not substantially conform with the signature of the registered voter with the name and address in the records of the county voter registration office, the signature is invalid and may not be certified.
(b) In determining whether a signature substantially conforms with a voter’s signature in the records of the county voter registration office, the office must certify the signature if the office determines that lack of conformity may reasonably be attributed to the age, disability, or impairment of the voter.
As added by P.L.3-1997, SEC.19. Amended by P.L.38-1999, SEC.3.

IC 3-5-7 Chapter 7. Candidate Designations on the Ballot

IC 3-5-7-1 Applicability of chapter
Sec. 1. This chapter does not apply to the following:
(1) A candidate for precinct committeeman.
(2) A candidate for delegate to a political party convention.
As added by P.L.202-1999, SEC.1.

IC 3-5-7-2 “Designation” defined
Sec. 2. As used in this chapter, “designation” refers to a name, a nickname, an initial, an abbreviation, or a number used to identify an individual.
As added by P.L.202-1999, SEC.1.

IC 3-5-7-3 “Name” defined
Sec. 3. As used in this chapter, “name” refers to any of the following:
(1) An individual’s given name.
(2) An individual’s surname.
(3) An individual’s middle name.
As added by P.L.202-1999, SEC.1.

IC 3-5-7-4 Candidate’s legal name
Sec. 4. (a) For purposes of placement of a candidate’s name on the ballot, a candidate’s legal name is determined under this section.
(b) Except as provided in subsection (c), a candidate’s legal name is considered to be the name shown on the candidate’s birth certificate.
(c) If a candidate:
(1) uses a name after marriage as described in subsection (d); or
(2) takes a name through a judicial proceeding that is different from the name shown on the candidate’s birth certificate;
the most recent name used after marriage or taken in the judicial proceeding is considered to be the candidate’s legal name.
(d) A name a candidate uses after marriage is considered the candidate’s legal name if the name satisfies any of the following:
(1) The name is the name appearing on the candidate’s birth certificate.
(2) The name is the name used by the candidate as an applicant for the marriage license.
(3) The name is any combination of the names the candidate and the candidate’s spouse used as applicants for their marriage license.
As added by P.L.202-1999, SEC.1.

IC 3-5-7-5 Designations used on ballot
Sec. 5. (a) A candidate may use on the ballot any combination of designations permitted by this section.
(b) A candidate may not use on the ballot a designation other than a designation permitted by this section.
(c) Subject to subsections (d) and (e), a candidate may use designations on the ballot as follows:
(1) The first designation that a candidate uses on the ballot may be one (1) of the following:
(A) The candidate’s legal given name.
(B) The initial of the candidate’s legal given name.
(C) The candidate’s legal middle name.
(D) The initial of the candidate’s legal middle name.
(E) The candidate’s nickname.
(2) After the designation used under subdivision (1), a candidate may use any of the following designations if not used under subdivision (1):
(A) The candidate’s legal middle name.
(B) The initial of the candidate’s legal middle name.
(C) The candidate’s nickname.
(D) The candidate’s legal surname.
(3) After a designation used under subdivision (2), a candidate may use the following if not used under subdivision (1) or (2):
(A) The candidate’s nickname.
(B) The candidate’s legal surname.
(4) After a designation used under subdivision (3), a candidate may use the candidate’s legal surname on the ballot if not used under subdivision (2) or (3).
(5) After a candidate’s legal surname, a candidate may use any of the following designations:
(A) Sr.
(B) Jr.
(C) A numerical designation such as “II” or “III”.
(d) A candidate may use a nickname on the ballot only if the nickname satisfies the following:
(1) The nickname is a name by which the candidate is commonly known.
(2) The nickname does not exceed twenty (20) characters.
(3) The nickname complies with subsection (e).
(4) Unless the candidate uses the nickname as the first designation under subsection (c)(1), notwithstanding any other method of designation used by a candidate or in a document declaring or consenting to the individual’s candidacy, any nickname permitted under this section must be set forth on the ballot within parentheses.
(e) A candidate may not use a:
(1) title or degree as a designation; or
(2) designation that implies a title or degree.
As added by P.L.202-1999, SEC.1; Amended by P.L.278-2019, SEC.3.

IC 3-5-7-6 Candidacy documents
Sec. 6. (a) This section does not apply to any of the following:
(1) A candidate in a presidential primary election under IC 3-8-3.
(2) A candidate for President of the United States.
(3) A candidate for Vice President of the United States.
(b) As used in this section, “candidacy document” refers to any of the following:
(1) A declaration of intent to be a write-in candidate.
(2) A declaration of candidacy.
(3) A consent to the nomination.
(4) A consent to become a candidate.
(5) A certificate of candidate selection.
(6) A consent filed under IC 3-13-2-7.
(7) A statement filed under IC 33-24-2 or IC 33-25-2.
(c) Whenever a candidate files a candidacy document on which the candidate uses a name that is different from the name set forth on the candidate’s voter registration record, the candidate’s signature on the candidacy document constitutes a request to the county voter registration office that the name on the candidate’s voter registration record be the same as the name the candidate uses on the candidacy document.
(d) A request by a candidate under this section is considered filed with the county voter registration office when the candidacy document is filed with the election division or the county election board.
(e) The election division or the county election board shall forward a request filed under this section to the county voter registration office not later than seven (7) days after receiving the request.
As added by P.L.202-1999, SEC.1. Amended by P.L.98-2004, SEC.25.

IC 3-5-7-7 Complaints filed against candidates
Sec. 7. (a) A registered voter of the election district a candidate seeks to represent may file a sworn statement with the election division or a county election board under IC 3-8-1-2 if a candidate uses on the ballot a designation not permitted by section 5 of this chapter.
(b) A complaint filed under this section must contain the following information:
(1) The legal name of the candidate who has used a designation not permitted by section 5 of this chapter.
(2) The designation the candidate has used that is not permitted under section 5 of this chapter.
(c) If the commission or county election board finds that the candidate used a designation not permitted by section 5 of this chapter, the candidate is considered to have withdrawn the candidate’s candidacy.
As added by P.L.202-1999, SEC.1. Amended by P.L.14-2004, SEC.8.

IC 3-5-8 Chapter 8. The Voter’s Bill of Rights

IC 3-5-8-1 Election division to prescribe statement of voter’s bill of rights
Sec. 1. The election division shall prescribe a statement of the rights of a voter in Indiana that shall be known as “the voter’s bill of rights”.
As added by P.L.126-2002, SEC.11. Amended by P.L.194-2013, SEC.4.

IC 3-5-8-2 Voter’s bill of rights; contents
Sec. 2. The statement required by section 1 of this chapter must contain the following:
(1) A statement of the qualifications that an individual must meet to vote in Indiana, including qualifications relating to registration.
(2) A statement describing the circumstances that permit a voter who has moved from the precinct where the voter is registered to return to that precinct to vote.
(3) A statement that an individual who meets the qualifications and circumstances listed in subdivisions (1) and (2) may vote in the election.
(4) A statement describing how a voter who is challenged at the polls may be permitted to vote.
(5) The date of the election and the hours during which the polls will be open, as required by 52 U.S.C. 21082.
(6) Instructions on how to vote, including how to cast a vote and how to cast a provisional ballot, as required by 52 U.S.C. 21082.
(7) Instructions for mail-in registrants and first time voters under IC 3-7-33-4.5 and 52
U.S.C. 21083, as required under 52 U.S.C. 21082.
(8) General information on voting rights under applicable federal and state laws, including the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated, as required under 52 U.S.C. 21082.
(9) General information on federal and state laws regarding prohibitions on acts of fraud and misrepresentation, as required under 52 U.S.C. 21082.
(10) A statement informing the voter what assistance is available to assist the voter at the polls.
(11) A statement informing the voter what circumstances will spoil the voter’s ballot and the procedures available for the voter to request a new ballot.
(12) A statement describing which voters will be permitted to vote at the closing of the polls.
(13) Other information that the commission considers important for a voter to know. As added by P.L.126-2002, SEC.11. Amended by P.L.209-2003, SEC.5; P.L.230-2005, SEC.4; P.L.128-2015, SEC.7.

IC 3-5-8-2.5 Absentee voter’s bill of rights
Sec. 2.5. (a) The election division shall prescribe a statement known as the “Absentee Voter’s Bill of Rights”.
(b) The Absentee Voter’s Bill of Rights must be in a form prescribed by the election division and include the following:
(1) A statement summarizing the rights and responsibilities of the voter when casting and returning the absentee ballot.
(2) A summary of Indiana and federal laws concerning providing assistance to the voter, completion of the ballot in secret, intimidation of voters, and the return of the absentee ballot to the county election board.
(3) Information concerning how to report violations of the absentee ballot and election laws.
As added by P.L.103-2005, SEC.1. Amended by P.L.169-2015, SEC.7.

IC 3-5-8-3 Posting voter’s bill of rights in polling places
Sec. 3. (a) As required by 52 U.S.C. 21083, the precinct election board shall post the voter’s bill of rights in a public place in each polling place on election day.
(b) The commission may require a copy of the voter’s bill of rights to be distributed with voter registration materials or other materials that are given to voters.
As added by P.L.126-2002, SEC.11. Amended by P.L.209-2003, SEC.6; P.L.230-2005, SEC.5; P.L.128-2015, SEC.8.

IC 3-5-8-4 Posting voter’s bill of rights on state’s internet site
Sec. 4. The secretary of state or other state agency posting election information on the state’s Internet site shall include the voter’s bill of rights on the site.
As added by P.L.126-2002, SEC.11.

IC 3-5-8-5 Distribution of voter’s bill of rights through news media
Sec. 5. Not later than twenty-nine (29) days before a primary, general, or municipal election, the secretary of state shall request Indiana news media to include a copy of the voter’s bill of rights as part of election coverage or in public service announcements.
As added by P.L.126-2002, SEC.11; Amended by P.L.278-2019, SEC.4.

IC 3-5-9 Chapter 9. Government Employees and Volunteer Firefighters Holding Office

IC 3-5-9-1 “Elected office”
Sec. 1. As used in this chapter, “elected office” refers only to the following:
(1) The executive or a member of the executive body of a unit.
(2) A member of the legislative body or fiscal body of a unit.
As added by P.L.135-2012, SEC.1.

IC 3-5-9-2 “Government employee”
Sec. 2. As used in this chapter, “government employee” refers to an employee of a unit.
The term does not include an individual who holds only an elected office.
As added by P.L.135-2012, SEC.1.

IC 3-5-9-3 “Unit”
Sec. 3. As used in this chapter, “unit” means a county, city, town, or township.
As added by P.L.135-2012, SEC.1.

IC 3-5-9-4 Firefighters assuming or holding elected office; limitations
Sec. 4. An individual who is an employee of a unit, serving as a full-time, paid firefighter in a department that provides fire protection services to more than one (1) unit, excluding fire protection services provided under mutual aid agreements, may not assume or hold an elected office of any unit that receives fire protection services from the department.
As added by P.L.135-2012, SEC.1. Amended by P.L.184-2015, SEC.1.

IC 3-5-9-5 Resignation as government employee upon assuming elected office
Sec. 5. Except as provided in section 7 of this chapter, an individual is considered to have resigned as a government employee when the individual assumes an elected office of the unit that employs the individual.
As added by P.L.135-2012, SEC.1.

IC 3-5-9-6 Permissible elected offices and board, commission, committee appointment
Sec. 6. This chapter does not prohibit:
(1) a government employee from assuming or holding an elected office of a unit other than the unit that employs the government employee;
(2) a full-time, paid firefighter from assuming or holding an elected office of a unit other than a unit that receives fire protection services from the department in which the firefighter serves; or
(3) an individual who assumes or holds an elected office from also being appointed to and serving on a board, commission, or committee of the unit.
As added by P.L.135-2012, SEC.1. Amended by P.L.184-2015, SEC.2.

IC 3-5-9-7 Firefighter or government employee holding elected office as of January 1, 2013
Sec. 7. (a) Notwithstanding sections 4 and 5 of this chapter, a government employee who assumes or holds an elected office on January 1, 2013, may continue to hold the elected office and be employed as a government employee until the term of the elected office that the government employee is serving on January 1, 2013, expires.
(b) After the expiration of the term of the elected office that the government employee referred to in subsection (a) is serving on January 1, 2013, the government employee is subject to section 5 of this chapter with respect to assuming or holding an elected office and being employed by the unit that employs the government employee.
As added by P.L.135-2012, SEC.1. Amended by P.L.184-2015, SEC.3.

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Title IC 3 – Article 6 – Political Party and Election Officers

IC 3-6-1 Chapter 1. State Committees

IC 3-6-1-1 Repealed
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.10-1987, SEC.1; P.L.10-1988, SEC.4.
Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-2 Repealed
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-3 Repealed
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-4 Repealed
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-5 Repealed
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.11-1987, SEC.1. Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-6 Repealed
[Pre-1986 Recodification Citation: 3-1-2-2 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-7 Repealed
[Pre-1986 Recodification Citation: 3-1-2-2 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-8 Repealed
[Pre-1986 Recodification Citation: 3-1-2-2 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-9 Repealed
[Pre-1986 Recodification Citation: 3-1-2-2 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.13. Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-10 Repealed
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-11 Repealed
[Pre-1986 Recodification Citation: 3-1-2-3 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.10-1987, SEC.2; P.L.3-1987, SEC.14; P.L.10-1988, SEC.5; P.L.5-1989, SEC.3. Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-11.5 Repealed
As added by P.L.10-1987, SEC.3. Amended by P.L.5-1989, SEC.4; P.L.16-1993, SEC.2.
Repealed by P.L.4-1996, SEC.108.

IC 3-6-1-12 State committee; adoption of rules or resolutions
Sec. 12. Unless otherwise provided in the political party’s rules, the state committee of each political party is the highest party authority and may adopt rules or resolutions for:
(1) the organization of the congressional district committees and city committees, including uniformly fixing the time that each committee is to be organized; and
(2) the government of all central committees.
[Pre-1986 Recodification Citations: 3-1-2-1 part; 3-1-2-3 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.4-1996, SEC.4.

IC 3-6-1-13 State committee; powers
Sec. 13. Unless otherwise provided in the political party’s rules, the state committee of each political party may:
(1) adopt rules and resolutions to provide for all matters of internal party government;
(2) remove a member or officer of a regular party committee, after reasonable notice and hearing, for refusing to obey or conform to a rule or resolution adopted by the state committee; and
(3) maintain civil actions, in the committee’s own name, to enforce obedience to its rules or resolutions.
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.4-1996, SEC.5; P.L.3-1997, SEC.20.

IC 3-6-1-14 Actions to enforce rules or resolutions
Sec. 14. An action brought under section 13 of this chapter:
(1) must be commenced, prosecuted, and tried in the circuit or superior court of the county where the defendant resides;
(2) shall be tried by the court without a jury;
(3) has precedence over all other cases pending in the court, except murder trials; and
(4) may not be venued from the county.
Process shall be served and proceedings conducted as in other civil actions, except that process shall be returned three (3) days from the date of service. An appeal from the judgment entered in any case may be taken by either party.
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-1-15 Political party positions not considered to be holding office
Sec. 15. Notwithstanding any other statute, an individual serving in any of the following political party offices is not considered to be holding an office for purposes of Article 15 of the Constitution of the State of Indiana:
(1) Precinct committeeman.
(2) Precinct vice committeeman.
(3) State convention delegate.
(4) Chair or other officer of a central committee.
(5) Any other political party office (as defined in IC 3-5-2-17).
As added by P.L.38-1999, SEC.4.

IC 3-6-2 Chapter 2. Precinct Committeemen

IC 3-6-2-1 Political parties entitled to precinct committee members
Sec. 1. Each political party whose nominee received at least ten percent (10%) of the votes cast in the state for secretary of state at the last election for that office may have precinct committeemen elected at the same time as a primary election in accordance with IC 3-10-1-4.5 or IC 3-10-1-4.6 if provided by the rules of the political party.
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.4-1996, SEC.6; P.L.124-2012, SEC.2.

IC 3-6-2-2 Repealed
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.4-1996, SEC.108.

IC 3-6-2-3 Repealed
[Pre-1986 Recodification Citation: 3-1-9-4 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.15; P.L.5-1989, SEC.5; P.L.9-1989, SEC.1; P.L.1-1990, SEC.5; P.L.16-1993, SEC.1. Repealed by P.L.4-1996, SEC.108.

IC 3-6-2-4 Repealed
[Pre-1986 Recodification Citation: 3-1-9-4 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.10-1988, SEC.6. Repealed by P.L.5-1989, SEC.120.

IC 3-6-2-5 Repealed
[Pre-1986 Recodification Citation: 3-1-9-4 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.4-1996, SEC.108.

IC 3-6-2-6 Repealed
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.16. Repealed by P.L.4-1996, SEC.108.

IC 3-6-2-7 Repealed
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.17. Repealed by P.L.4-1996, SEC.108.

IC 3-6-2-8 Repealed
[Pre-1986 Recodification Citation: 3-1-2-1 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.18. Repealed by P.L.4-1996, SEC.108.

IC 3-6-2-9 Repealed
As added by P.L.3-1987, SEC.19. Repealed by P.L.4-1996, SEC.108.

IC 3-6-2-10.5 Providing name and address of precinct committeeman and vice committeeman
Sec. 10.5. The county chairman of a major political party shall, upon the request of a person who is serving in an elected office (as defined in IC 3-5-2-17), provide to that person the name and address of the precinct committeeman and vice committeeman of that party for each precinct in the county.
As added by P.L.205-2013, SEC.53; Amended by P.L.278-2019, SEC.5

IC 3-6-3 Chapter 3. Political Party Name Change

IC 3-6-3-1 Right to change name
Sec. 1. Any political party may change its name by complying with this chapter. [Pre-1986 Recodification Citation: 3-1-2-4 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-3-2 Repealed
[Pre-1986 Recodification Citation: 3-1-2-4 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.3-1993, SEC.282.

IC 3-6-3-3 Repealed
[Pre-1986 Recodification Citation: 3-1-2-4 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.3-1993, SEC.282.

IC 3-6-3-4 Repealed
[Pre-1986 Recodification Citation: 3-1-2-4 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.3-1993, SEC.282.

IC 3-6-3-5 Repealed
[Pre-1986 Recodification Citation: 3-1-2-4 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.20; P.L.10-1988, SEC.7.
Repealed by P.L.3-1993, SEC.282.

IC 3-6-3-6 Use of new name; rights; effect on ballots already printed
Sec. 6. (a) After the state chairman of a political party files a statement with the election division certifying that the party’s name has been changed in accordance with all applicable party rules, a political party shall be known by the political party’s new name, and the party has all the rights it had under its former name.
(b) If the state chairman of a political party files a statement under subsection (a) after the printing of ballots for use at an election conducted under this title has begun, the election board responsible for printing the ballots is not required to alter the ballots to state the new name of the political party.
[Pre-1986 Recodification Citation: 3-1-2-4 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.6; P.L.3-1997, SEC.21; P.L.225-2011, SEC.6.

IC 3-6-3.7 Chapter 3.7. The Secretary of State

IC 3-6-3.7-1 Chief election official
Sec. 1. Except as provided by IC 3-7-11-1, the secretary of state is the state’s chief election official.
As added by P.L.209-2003, SEC.7.

IC 3-6-3.7-2 Additional election duties with consent of election division co-directors
Sec. 2. In addition to performing the duties related to elections specified in this title, the secretary of state, with the consent of the co-directors of the election division shall do the following:
(1) Work with the federal Election Assistance Commission to encourage students enrolled at postsecondary educational institutions (including community colleges) to assist state and local governments in the administration of elections by serving as nonpartisan poll workers or assistants.
(2) Consult with the federal Election Assistance Commission in the development of materials, seminars, and advertising targeted at students to implement the Help America Vote College Program conducted by the Election Assistance Commission under 52
U.S.C. 21121.
(3) Consult with the Help America Vote Foundation established under 36 U.S.C. 152601 in developing programs to encourage secondary school students (including students educated in the home) to participate in the election process in a nonpartisan manner as poll workers or assistants to local election officials in precinct polling places.
(4) Consult and coordinate with (and provide administrative support to) the co-directors of the election division in the development and implementation of the state plan under HAVA (52 U.S.C. 21001 through 52 U.S.C. 21006).
(5) Perform all duties required to be performed by the state or the chief state election official under HAVA.
As added by P.L.209-2003, SEC.7. Amended by P.L.2-2007, SEC.7; P.L.128-2015, SEC.9.

IC 3-6-3.7-3 Encouragement of student participation in election administration
Sec. 3. The secretary of state may develop programs to encourage Indiana secondary school students and students in postsecondary educational institutions in Indiana to assist state and local governments in the administration of elections.
As added by P.L.209-2003, SEC.7. Amended by P.L.2-2007, SEC.8.

IC 3-6-3.7-4 Voter education outreach fund; establishment; purpose; administration
Sec. 4. (a) The voter education outreach fund is established for the purpose of receiving, holding, and disbursing funds for education and outreach to citizens concerning voter rights and responsibilities, including voter identification requirements.
(b) The fund shall be administered by the secretary of state.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
As added by P.L.258-2013, SEC.17.

IC 3-6-3.7-5 Reimbursement of expenditures to secure and monitor voting system and electronic poll book storage facilities
Sec. 5. (a) A county election board may apply for payments to reimburse the county for expenditures made to secure and monitor facilities where voting systems and electronic poll books are stored.
(b) If the county election board submits an application under subsection (a), the application must be filed with the secretary of state in a form prescribed by the election division.
(c) The secretary of state, with the consent of the election division, may approve an application filed under this section and reimburse the county for all or part of the expenditures documented in the application.
As added by P.L.100-2018, SEC.1

IC 3-6-3.7-6 Criminal violation of Title 3; prosecution
Sec. 6. (a) If, upon investigation, the secretary of state determines that a criminal violation of this title may have occurred, the secretary of state and the co-directors of the election division shall refer the facts drawn from the investigation to the prosecuting attorney of the judicial circuit in which the crime may have been committed.
(b) The secretary of state and election division may assist the prosecuting attorney in prosecuting an action under this section, which may include an attorney employed or retained by the secretary of state or the election division serving as a special deputy prosecutor appointed by the prosecuting attorney.
As added by P.L.157-2019, SEC.1; Amended by P.L.141-2020, SEC.2.

IC 3-6-4 Chapter 4. Repealed

Repealed by P.L.8-1995, SEC.72.

IC 3-6-4.1 Chapter 4.1. Indiana Election Commission

IC 3-6-4.1-1 Establishment
Sec. 1. The Indiana election commission is established.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-2 Membership
Sec. 2. (a) The commission consists of four (4) individuals appointed by the governor.
(b) Each member of the commission must be a registered voter.
(c) Each member of the commission must be a member of a major political party of the state. Not more than two (2) members of the commission may be a member of the same political party.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-3 Term of office
Sec. 3. (a) The term of an individual serving as a member of the commission begins on the later of the following:
(1) The day the term of the member whom the individual is appointed to succeed expires.
(2) The day the individual is appointed.
(b) The term of a member expires July 1 of the second year after the member’s current term begins.
(c) A member may be reappointed to the commission. A member reappointed to the commission is the member’s own successor for purposes of subsection (a).
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-4 Nominations and appointments for succeeding term
Sec. 4. (a) Before May 1 of a year that the term of a member of the commission expires, the state chairman of the major political party of the state represented by that member may nominate, in writing, two (2) individuals of the state chairman’s own political party to succeed the member whose term will expire.
(b) The state chairman of a political party may nominate the individual whose term will expire that year to serve a new term.
(c) If the state chairman makes the nominations before May 1, the governor shall appoint one (1) of the nominees to the commission.
(d) If the state chairman fails to make the nominations before May 1, the governor shall, within another ten (10) days, appoint a member of the same political party as the state chairman. The state chairman may disapprove the selection by notifying the governor within seven (7) days after receiving notice of the governor’s appointment.
(e) If the state chairman disapproves the selection within the seven (7) day period under subsection (d), the governor shall make another appointment under subsection (d) that is also subject to the disapproval of the state chairman under subsection (d).
(f) If the state chairman does not disapprove an appointment under subsection (d) within the seven (7) day period, the individual appointed by the governor is a member of the commission.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-5 Vacancies
Sec. 5. (a) If a member of the commission resigns, dies, or becomes unable to serve on the commission, the governor shall notify the state chairman of the major political party of the state represented by the member.
(b) The state chairman may nominate in writing, within ten (10) days after notice of the vacancy, two (2) individuals of the state chairman’s own political party to succeed the member. If the state chairman makes the nominations within ten (10) days, the governor shall appoint one (1) of the nominees to the commission.
(c) If the state chairman fails to make the nominations within ten (10) days, the governor shall, within another ten (10) days, appoint a member of the same political party as the state chairman. The state chairman may disapprove the selection by notifying the governor within seven (7) days after receiving notice of the governor’s appointment.
(d) If the state chairman disapproves the selection within the seven (7) day period under subsection (c), the governor shall make another appointment under subsection (c) that is also subject to the disapproval of the state chairman under subsection (c).
(e) If the state chairman does not disapprove an appointment under subsection (c) within the seven (7) day period, the individual appointed by the governor is a member of the commission.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-6 Chair and vice chair of commission
Sec. 6. (a) The governor shall appoint one (1) of the members of the commission to be the chair and one (1) of the members of the commission to be the vice chair of the commission. The chair of the commission must be a member of the same political party as the individual who is the secretary of state. The vice chair and the chair may not be affiliated with the same political party.
(b) The individuals appointed as chair and vice chair serve in their respective positions until each individual’s term as a member of the commission expires.
As added by P.L.8-1995, SEC.18. Amended by P.L.4-1996, SEC.8; P.L.122-2000, SEC.2.

IC 3-6-4.1-7 Quorum
Sec. 7. (a) Three (3) members of the commission constitute a quorum.
(b) Except as otherwise provided in this title, the affirmative vote of at least three (3) members of the commission is necessary for the commission to take official action other than to meet to take testimony.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-8 Designation of proxy
Sec. 8. (a) A member of the commission may designate another individual to serve as a proxy of record in the member’s place as a member of the commission by filing a written instrument designating the proxy of record with the election division. The proxy of record has the same authority to act and vote on all matters as does the member. The member may revoke the authority of the proxy of record at any time. The authority of the proxy of record may be either limited or general with regard to duration or subject matter as set forth by the member in the written instrument designating the proxy.
(b) If both the member and the member’s proxy of record are unavailable, the member may designate another individual in writing to serve as an alternate proxy in the member’s place as a member of the commission. This designation must be filed with the election division before taking effect. The alternate proxy has the same authority to act and vote on all matters as does the member. The member may revoke the authority of the alternate proxy at any time. The authority of the alternate proxy may be either limited or general with regard to duration or subject matter as set forth by the member in the written instrument designating the proxy.
As added by P.L.8-1995, SEC.18. Amended by P.L.3-1997, SEC.22.

IC 3-6-4.1-9 Meetings
Sec. 9. The chair shall call a meeting of the commission whenever the chair considers it necessary for the performance of the commission’s duties.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-10 Failure of chair to call meeting
Sec. 10. If the chair for any reason fails to call a meeting of the commission, then:
(1) the vice chair, with the written approval of the remaining two (2) commission members, may convene a meeting of the commission; and
(2) the three (3) members of the commission may meet to execute the powers and perform the duties of the commission.
As added by P.L.8-1995, SEC.18. Amended by P.L.4-1996, SEC.9.

IC 3-6-4.1-11 Compensation and expenses
Sec. 11. (a) Each member of the commission who is not a state employee is entitled to receive both of the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for travel expenses and other expenses actually incurred in connection with the member’s duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
(b) Each member of the commission who is a state employee is entitled to reimbursement for travel expenses and other expenses actually incurred in connection with the member’s duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-12 Failure of commission to meet and discharge duties
Sec. 12. If the commission fails to meet and discharge the duties imposed upon it by law, the governor may order the commission to meet in the performance of the commission’s duties if the governor:
(1) considers a meeting to be necessary; or
(2) receives a petition signed by at least one (1) voter from each congressional district of Indiana.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-13 Minutes of meetings
Sec. 13. The election division shall keep minutes of all meetings of the commission, including a written record of the yes and no vote of each member on all questions coming before the commission.
As added by P.L.8-1995, SEC.18. Amended by P.L.3-1997, SEC.23.

IC 3-6-4.1-14 Powers and duties
Sec. 14. (a) In addition to other duties prescribed by law, the commission shall do the following:
(1) Administer Indiana election laws.
(2) Adopt rules under IC 4-22-2 to do the following:
(A) Govern the fair, legal, and orderly conduct of elections, including the following:
(i) Emergency rules described in section 16 of this chapter to implement a court order requiring the commission, the election division, or an election board or official to administer an election in a manner not authorized by this title.
(ii) Rules (including joint rules with other agencies when necessary) to implement and administer NVRA.
(B) Carry out IC 3-9 (campaign finance).
(C) Govern the establishment of precincts under IC 3-11-1.5.
(D) Specify procedures and fees for the processing of an application from a vendor for voting systems approval and testing.
(3) Advise and exercise supervision over local election and registration officers.
(b) This section does not divest a county election board of any powers and duties imposed on the board in IC 3-6-5, except that if there is a deadlock on a county election board, the county election board shall submit the question to the commission for final determination. As added by P.L.8-1995, SEC.18. Amended by P.L.4-1996, SEC.10; P.L.3-1997, SEC.24; P.L.169-2015, SEC.8.

IC 3-6-4.1-15 Repealed
As added by P.L.8-1995, SEC.18. Repealed by P.L.3-1997, SEC.474.

IC 3-6-4.1-16 Emergency rules
Sec. 16. The commission, by unanimous vote of the entire membership of the commission, may adopt emergency rules under IC 4-22-2-37.1 to implement a court order requiring the commission, the election division, or an election board or official to administer an election in a manner not authorized by this title.
As added by P.L.8-1995, SEC.18. Amended by P.L.3-1997, SEC.25.

IC 3-6-4.1-17 Extension of time
Sec. 17. (a) If the commission by unanimous vote of the entire membership of the commission finds that a natural disaster or other emergency makes it impossible or unreasonable for a person to perform a duty or file a document by the time specified in this title, the commission may issue an order extending the time for performing the duty or filing the document.
(b) An order described in subsection (a) expires not later than thirty (30) days after the order is issued. The order must include the following:
(1) The geographic area subject to the order.
(2) The election board or official subject to the order.
(3) The duty or filing subject to the order.
(4) The specific date by which the duty must be performed or the document filed under the order.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-18 Repealed
As added by P.L.8-1995, SEC.18. Amended by P.L.2-1996, SEC.3. Repealed by P.L.3-1997, SEC.474.

IC 3-6-4.1-19 Subpoena power
Sec. 19. (a) The commission has the power of subpoena and may require a person to appear before the commission, a member of the commission, or the co-directors to be examined with regard to any matter with which the commission or the co-directors are charged with a duty under this title.
(b) The commission or the co-directors may require appearances at the office of the commission or at a place fixed by the commission or co-directors in the county of residence of the person subpoenaed.
(c) A witness who is subpoenaed under this section is entitled to be paid the same mileage and fee as witnesses in court actions. Mileage and fees shall be paid as other election expenses are paid.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-20 Administration of oath
Sec. 20. A member of the commission, the co-directors, or an employee of the election division may administer an oath required or permitted by this title.
As added by P.L.8-1995, SEC.18. Amended by P.L.3-1997, SEC.26.

IC 3-6-4.1-21 Actions of commission upon determination of violation
Sec. 21. (a) This section does not apply to a violation of NVRA or IC 3-7.
(b) If the commission determines that there is substantial reason to believe an election law violation has occurred, it shall expeditiously make an investigation.
(c) If in the judgment of the commission, after affording due notice and an opportunity for a hearing, a person has engaged or is about to engage in an act or practice that constitutes or will constitute a violation of this title or of a rule or an order issued under this title, the commission shall take the action it considers appropriate under the circumstances, including the following:
(1) Referring the matter to the attorney general if the commission requests that a civil action be filed under section 22 of this chapter.
(2) Referring the matter to the appropriate prosecuting attorney if the case concerns a criminal violation of this title.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-22 Civil action
Sec. 22. (a) Upon referral under section 21 of this chapter, the attorney general shall institute on behalf of the state, a civil action for relief including any of the following:
(1) A permanent or temporary injunction.
(2) A restraining order.
(3) Another appropriate order.
(b) An action under this section may be instituted in a circuit or superior court in the county in which the person is found, resides, or transacts business.
(c) Upon a proper showing that the person has engaged or is about to engage in an act or a practice described by section 21 of this chapter, the court shall grant the requested relief without bond.
As added by P.L.8-1995, SEC.18. Amended by P.L.2-1996, SEC.4.

IC 3-6-4.1-23 Assistance by police in enforcement of election laws
Sec. 23. (a) The state police department and all state police officers shall assist the commission, on request, in the enforcement of the election laws and the discharge of the commission’s duties, including the use of state police radio and telephone service on election days.
(b) The state police department or a state police officer may not supplant or interfere with a local law enforcement officer or precinct election officer in the discharge of duties.
As added by P.L.8-1995, SEC.18.

IC 3-6-4.1-24 Campaign finance enforcement account
Sec. 24. (a) The campaign finance enforcement account is established within the state general fund to provide money for the following purposes:
(1) Administering and enforcing IC 3-9.
(2) Creating and operating a campaign finance computer system as authorized under IC 3-9-4-4, including investing in technologyto expand the capabilities of the computer system.
(b) The account shall be administered by the election division. Funds in the account are available, with the approval of the budget agency, to augment and supplement the funds appropriated to the election commission for the purposes described in subsection (a).
(c) Expenses of administering the account shall be paid from money in the account. The account consists of all civil penalties collected by the commission under IC 3-9-4.
(d) Money in the account at the end of a state fiscal year does not revert to any other account within the state general fund.
As added by P.L.4-1996, SEC.11. Amended by P.L.3-1997, SEC.27.

IC 3-6-4.1-25 Power to hold hearings and issue advisory opinions
Sec. 25. The commission may do any of the following to administer Indiana election law:
(1) Hold hearings under IC 4-21.5.
(2) Issue advisory opinions.
As added by P.L.3-1997, SEC.28.

IC 3-6-4.2 Chapter 4.2. Election Division

IC 3-6-4.2-1 Establishment
Sec. 1. The election division is established within the office of the secretary of state.
As added by P.L.8-1995, SEC.19.

IC 3-6-4.2-2 Administration
Sec. 2. (a) The secretary of state shall perform all ministerial duties related to the administration of elections by the state.
(b) The election division shall assist the commission and the secretary of state in the administration of this title.
As added by P.L.8-1995, SEC.19. Amended by P.L.3-1997, SEC.29.

IC 3-6-4.2-2.5 Assistance provided to secretary of state
Sec. 2.5. The election division shall assist the secretary of state in the implementation of HAVA.
As added by P.L.209-2003, SEC.8.

IC 3-6-4.2-3 Co-directors
Sec. 3. (a) The governor shall appoint two (2) co-directors for the election division.
(1) The co-directors shall do the following:
(A) Carry out the policies, decisions, and recommendations of the commission.
(B) Maintain an office for the election division.
(b) The co-directors may not be members of the same political party.
(c) The co-directors have equal authority and responsibilities under this title. However, if the co-directors are unable to resolve a dispute between themselves regarding:
(1) the commission’s or the election division’s budget;
(2) the commission’s or the election division’s expenditures; or
(3) contracts to which the commission or the election division is a party;
the secretary of state may decide the matter. A decision by the secretary of state regarding the matter is final.
(d) The co-directors must:
(1) be classified the same under the state’s personnel system; and
(2) except for differences due to years of service as co-directors, receive the same compensation.
As added by P.L.8-1995, SEC.19. Amended by P.L.153-2013, SEC.1; P.L.219-2013, SEC.4.

IC 3-6-4.2-3.2 Co-directors; terms
Sec. 3.2. A co-director serves a term of four (4) years, beginning January 1, 2019, and continuing until the co-director’s successor has been appointed and qualified.
As added by P.L.3-1997, SEC.30; Amended by P.L.278-2019, SEC.6.

IC 3-6-4.2-4 Employees
Sec. 4. The co-directors shall employ other employees as necessary in the execution of the powers and duties of the election division.
As added by P.L.8-1995, SEC.19. Amended by P.L.216-2015, SEC.1.

IC 3-6-4.2-5 Political affiliation of employees
Sec. 5. The employees of the election division must be divided equally between the major political parties of the state.
As added by P.L.8-1995, SEC.19.

IC 3-6-4.2-5.5 Rights, duties, and conditions of employment for individual serving as a co-director or an employee of the commission after December 31, 1996
Sec. 5.5. An individual who, on December 31, 1996, serves as a co-director or an employee of the commission, serves as a co-director or an employee of the election division after December 31, 1996, with all the rights, duties, and conditions of employment the individual had as a co-director or an employee of the commission before January 1, 1997. As added by P.L.220-2011, SEC.12.

IC 3-6-4.2-6 Number of employees
Sec. 6. Subject to section 5 of this chapter, the co-directors may each employ an equal number of employees.
As added by P.L.8-1995, SEC.19.

IC 3-6-4.2-7 Funding for employees
Sec. 7. Equal funding shall be provided to each co-director with which to employ employees under section 6 of this chapter.
As added by P.L.8-1995, SEC.19. Amended by P.L.66-2003, SEC.3.

IC 3-6-4.2-8 Vacancy in co-director position
Sec. 8. (a) When a vacancy in a co-director position occurs, the secretary of state shall notify the governor and the state chairman of the political party of which the individual vacating the position is a member.
(b) The state chairman may submit to the governor in writing, within thirty (30) days after notice of the vacancy, the names of two (2) individuals to fill the vacancy. If the state chairman submits the names of two (2) individuals within the thirty (30) day period, the governor shall appoint one (1) of the two (2) individuals to fill the vacancy. If the state chairman fails to submit the names of two (2) individuals within the thirty (30) day period, the governor shall, within another ten (10) days, appoint an individual of the same political party as the state chairman to fill the vacancy.
(c) If a state chairman fails to submit in writing the name of a qualified successor within thirty (30) days after the state chairman is notified by the secretary of state of a vacancy, the governor shall:
(1) appoint a member of the political party of the state chairman to fill the vacancy; and
(2) notify the state chairman of the selection.
(d) The state chairman may disapprove the selection by notifying the governor within seven (7) days after receiving notice of the governor’s appointment. If the state chairman disapproves the selection within the seven (7) day period, the governor shall make another appointment under subsection (b) which is subject to disapproval of the state chairman under this subsection. If the state chairman does not disapprove the appointment within the seven
(7) day period, the individual appointed by the governor shall be employed as the co-director.
As added by P.L.8-1995, SEC.19.

IC 3-6-4.2-9 Budget estimates
Sec. 9. The secretary of state shall submit biennial budget estimates for the commission and the election division in the manner and form required by law. Funds shall be expended only in the manner and form required by law.
As added by P.L.8-1995, SEC.19.

IC 3-6-4.2-10 Audits and investigations
Sec. 10. (a) An audit or investigation authorized by the commission concerning administration of election laws shall be conducted by at least two (2) state employees divided equally between the major political parties of the state.
(b) Notwithstanding subsection (a) or any statutory provisions to the contrary, the co-directors shall assist in the following actions upon authorization of the commission:
(1) A hearing or an investigation conducted by the commission under:
(A) IC 3-7-11 (voter registration violations under NVRA or IC 3-7); or
(B) IC 3-9-4-15 (campaign finance violations).
(2) An examination or a test of a voting system for the commission.
As added by P.L.8-1995, SEC.19. Amended by P.L.4-1996, SEC.12.

IC 3-6-4.2-12 Duties
Sec. 12. The election division shall do the following:
(1) Maintain complete and uniform descriptions and maps of all precincts in Indiana.
(2) Promptly update the information required by subdivision (1) after each precinct establishment order is filed with the commission under IC 3-11-1.5.
(3) Issue media watcher cards under IC 3-6-10-6.
(4) Serve in accordance with 52 U.S.C. 20302(b) as the office in Indiana responsible for providing information regarding voter registration procedures and absentee ballot procedures to absent uniformed services voters and overseas voters.
(5) As required by 52 U.S.C. 20302(c), submit a report to the federal Election Assistance Commission not later than ninety (90) days after each general election setting forth the combined number of absentee ballots:
(A) transmitted to absent uniformed services voters and overseas voters for the election; and
(B) returned by absent uniformed services voters and overseas voters and cast in the election.
(6) Implement the state plan in accordance with the requirements of HAVA (52 U.S.C. 21001 through 52 U.S.C. 21006) and this title, and appoint members of the committee established under 52 U.S.C. 21005.
(7) Submit reports required under 52 U.S.C. 21008 to the federal Election Assistance Commission concerning the use of federal funds under Title II, Subtitle D, Part I of HAVA.
(8) Prescribe a uniform set of election and registration forms for use throughout Indiana, except when prescribed by this title.
As added by P.L.3-1997, SEC.31. Amended by P.L.209-2003, SEC.9; P.L.221-2005, SEC.8; P.L.64-2014, SEC.5; P.L.128-2015, SEC.10; P.L.169-2015, SEC.9.

IC 3-6-4.2-12.1 Implementation of HAVA; HAVA State Plan member compensation and reimbursement
Sec. 12.1. (a) This section applies to the development, implementation, and amendment of the state plan under HAVA (52 U.S.C. 21001 through 52 U.S.C. 21006).
(b) An individual appointed by the co-directors to serve on the committee established to develop the state plan to implement HAVA under 52 U.S.C. 21005 is entitled to receive the compensation or reimbursement provided under subsection (d) or (e).
(c) For purposes of subsection (d), an individual who holds:
(1) a state office is considered an employee of the state; or
(2) an office of a political subdivision is considered an employee of the political subdivision.
(d) Each member of the committee who is not a state employee or an employee of a political subdivision is entitled to receive both of the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for travel expenses and other expenses actually incurred in connection with the member’s duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
(e) Each member of the committee who is a state employee or an employee of a political subdivision is entitled to reimbursement for travel expenses and other expenses actually incurred in connection with the member’s duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
(f) The committee’s expenses, including the payment of per diem and reimbursements under this section, shall be paid from the Section 101 account of the election administration assistance fund established under IC 3-11-6.5.
As added by P.L.209-2003, SEC.10. Amended by P.L.128-2015, SEC.11.

IC 3-6-4.2-12.5 Application for and receipt of polling place accessibility payments from secretary of health and human services
Sec. 12.5. (a) As authorized under 52 U.S.C. 21021, the secretary of state shall apply to the Secretary of Health and Human Services for payments under the HAVA (52 U.S.C. 21021 through 52 U.S.C. 21025) 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 the secretary of state receives payments from the Secretary of Health and Human Services under 52 U.S.C. 21021 through 52 U.S.C. 21025, the election division shall expend the money as described in the application submitted under 52 U.S.C. 21023.
As added by P.L.209-2003, SEC.11. Amended by P.L.153-2013, SEC.2; P.L.128-2015, SEC.12.

IC 3-6-4.2-13 Assistance from state police department
Sec. 13. (a) The state police department and all state police officers shall assist the election division, on request, in the enforcement of the election laws and the discharge of the election division’s duties, including the use of state police radio and telephone service on election days.
(b) The state police department or a state police officer may not supplant or interfere with a local law enforcement officer or precinct election officer in the discharge of official duties.
As added by P.L.3-1997, SEC.32.

IC 3-6-4.2-14 Members of county election boards and boards of registration; instructional meeting; compensation and expenses
Sec. 14. (a) Each year in which a general or municipal election is held, the election division shall call a meeting of all the members of the county election boards, the boards of registration (subject to IC 3-7-12), and the boards of elections and registration (as defined in IC 3-5-2-5.3) to instruct them regarding all of the following:
(1) Their duties under this title and federal law (including HAVA and NVRA).
(2) Requirements and best practices concerning cybersecurity for the computerized list, voting systems, and electronic poll books.
(3) Physical security for all aspects of the election process, including voting systems, electronic poll books, absentee voting, and polling places.
(4) Requirements and best practices to ensure that voting systems, precinct polling places, and vote centers are accessible to voters with disabilities.
(5) Best practices in answering voters’ questions on how to vote, including providing instructions to voters on straight ticket voting.
(b) The election division may, but is not required to, call a meeting under this section during a year in which a general or a municipal election is not held.
(c) Each circuit court clerk, each member of a board of registration established under IC 3-7-12, and each member of a board of elections and registration shall attend a meeting called by the election division under this section. A circuit court clerk, member of a board of registration, or member of a board of elections and registration may require the attendance of the following:
(1) Each of the circuit court clerk’s, board of registration member’s, or board of elections and registration member’s appointed and acting chief deputies or chief assistants with election related responsibilities.
(2) If the number of deputies or assistants:
(A) is not more than three (3), one (1) of the clerk’s or member’s appointed and acting deputies or assistants; or
(B) is greater than three (3), two (2) of the clerk’s or member’s appointed and acting deputies or assistants.
(d) The election division shall set the time and place of the instructional meeting. In years in which a primary election is held, the election division:
(1) may conduct the meeting before the first day of the year; and
(2) shall conduct the meeting before primary election day.

The instructional meeting may not last for more than two (2) days.
(e) Each individual required to attend the meeting under subsection (c) and an individual who has been elected or selected to serve as circuit court clerk but has not yet begun serving in that office is entitled to receive all of the following from the county general fund without appropriation:
(1) A per diem of twenty-four dollars ($24) for attending the instructional meeting called by the election division under this section.
(2) A mileage allowance at the state rate for the distance necessarily traveled in going and returning from the place of the instructional meeting called by the election division under this section.
(3) Reimbursement for the payment of the instructional meeting registration fee.
(4) An allowance for lodging for each night preceding conference attendance equal to the lodging allowance provided to state employees in travel status.
As added by P.L.3-1997, SEC.33. Amended by P.L.38-1999, SEC.5; P.L.26-2000, SEC.2; P.L.209-2003, SEC.12; P.L.120-2009, SEC.2; P.L.278-2019, SEC.7; P.L.141-2020, SEC.3.

IC 3-6-4.5 Chapter 4.5. Administrative Complaint Procedure Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title III of HAVA

IC 3-6-4.5-1 Repealed
As added by P.L.209-2003, SEC.13. Repealed by P.L.221-2005, SEC.145.

IC 3-6-4.5-2 “Title III”
Sec. 2. As used in this chapter, “Title III” refers to Title III of HAVA (52 U.S.C. 21081 through 52 U.S.C. 21085).
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.13.

IC 3-6-4.5-3 Establishment of administrative complaint procedure
Sec. 3. As required by 52 U.S.C. 21112, this chapter establishes the state based administrative complaint procedures to remedy grievances concerning uniform and nondiscriminatory election technology and administrative requirements under Title III.
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.14.

IC 3-6-4.5-4 Remedies provided
Sec. 4. The remedies provided under this chapter are supplemental to any other remedies provided to an aggrieved party under this title.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-5 Uniform and nondiscriminatory procedures
Sec. 5. As required by 52 U.S.C. 21112, the procedures prescribed by this chapter must be uniform and nondiscriminatory.
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.15.

IC 3-6-4.5-6 Persons entitled to file complaint
Sec. 6. As provided by 52 U.S.C. 21112, a person who believes there is a violation of any provision of Title III, including a violation that has occurred, is occurring, or is about to occur, may file a complaint with the election division.
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.16.

IC 3-6-4.5-7 Requirements for filing complaint
Note: This version of section effective until 7-1-2018. See also following version of this section, effective 7-1-2018.
Sec. 7. As required by 52 U.S.C. 21112, a complaint filed under this chapter must be written, signed, and sworn to before an individual authorized to administer an oath under IC 33-42-4.
As added by P.L.209-2003, SEC.13. Amended by P.L.98-2004, SEC.26; P.L.128-2015, SEC.17; P.L.128-2017, SEC.1.

IC 3-6-4.5-7 Form of complaint
Note: This version of section effective 7-1-2018. See also preceding version of this section, effective until 7-1-2018.
Sec. 7. As required by 52 U.S.C. 21112, a complaint filed under this chapter must be written, signed, and sworn to before an individual authorized to administer an oath under IC 33-42-9.
As added by P.L.209-2003, SEC.13. Amended by P.L.98-2004, SEC.26; P.L.128-2015, SEC.17; P.L.128-2017, SEC.1.

IC 3-6-4.5-8 Complaint requirements
Sec. 8. The complaint filed under section 7 of this chapter must state the following:
(1) The name and mailing address of the person alleged to be committing the violation of Title III described in the complaint.
(2) Whether the person filing the complaint has filed a complaint concerning the violation with a county election board under IC 3-6-5.1.
(3) The nature of the injury suffered (or about to be suffered) by the person filing the complaint.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-9 Copies of complaint
Sec. 9. The election division shall promptly provide a copy of the complaint by first class mail to the members of the commission and the persons identified in the complaint.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-10 Violations of Chapter 5.1; where to file
Sec. 10. A person entitled to file a complaint under this chapter may file a complaint with the county election board where the violation allegedly occurred under IC 3-6-5.1. If a person filed a complaint under IC 3-6-5.1, the election division shall not begin enforcement procedures under this chapter regarding the complaint until the person filing the complaint files a complaint with the election division under this chapter.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-11 Complaints against either co-director
Sec. 11. This section applies if the complaint alleges that either co-director of the election division has committed the violation. The aggrieved person shall file the complaint with the chair of the commission. The chair of the commission shall perform the duties otherwise performed by the election division concerning a complaint.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-12 Consolidation of complaints
Sec. 12. As permitted under 52 U.S.C. 21112, the election division (or commission) may consolidate complaints filed under this chapter.
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.18.

IC 3-6-4.5-13 Dismissal of complaints; notice
Sec. 13. The election division shall determine whether a complaint filed under this chapter describes a violation of Title III if the facts set forth in the complaint are assumed to be true. If the election division determines that:
(1) even if the facts set forth in the complaint are assumed to be true, there is no violation of Title III; or
(2) the person has not complied with section 7 of this chapter;
the election division shall dismiss the complaint and publish the order dismissing the matter in the Indiana Register.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-14 Dismissal of complaints; copies of determination
Sec. 14. If the election division dismisses a complaint under section 13 of this chapter, the election division shall provide a copy of this determination by certified mail to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation;
(3) the members of the commission; and
(4) the attorney general.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-15 Investigations
Sec. 15. If the election division determines that the complaint alleges a violation of Title III if the facts alleged in the complaint are assumed to be true and that the person has complied with section 7 of this chapter, the election division shall conduct an investigation under IC 3-6-4.2.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-16 Reports; submission; copies
Sec. 16. The election division, upon completing the investigation, shall submit the results of the investigation to the commission, which shall then issue a written report. The election division shall provide a copy of the report by certified mail to:
(1) the person who filed the complaint;
(2) the person alleged to have committed the violation;
(3) the members of the commission; and
(4) the attorney general.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-17 Reports; requirements
Sec. 17. The report described in section 16 of this chapter must:
(1) indicate the date when the complaint alleging the violation was received by the election division;
(2) contain findings of fact regarding the alleged violation and state whether a violation of Title III has occurred, or appeared to be likely to occur when the complaint was filed;
(3) state what steps, if any, the person alleged to have committed the violation has taken to correct the violation or to prevent a reoccurrence of the violation;
(4) suggest any additional measures that could be taken to correct a violation;
(5) indicate the date when a violation was corrected or is expected to be corrected; and
(6) provide any additional information or recommendations useful in resolving this complaint.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-18 Hearings
Sec. 18. As required by 52 U.S.C. 21112, at the request of the person filing a complaint, or at the request of a member of the commission, the commission shall conduct a hearing on the complaint and prepare a record of the hearing. A request for a hearing must be filed with the election division not later than noon seven (7) days after the report is mailed under section 16 of this chapter.
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.19.

IC 3-6-4.5-19 Affirmation or amendment of report; referral of matter
Sec. 19. After concluding the hearing, the commission shall:
(1) affirm the report;
(2) amend the report; or
(3) refer the matter to the election division for further investigation and submission of a subsequent report to the commission.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-20 No violation; dismissal; issuance and publication
Sec. 20. As required by 52 U.S.C. 21112, if the commission determines that based on the evidence presented, there is no violation of any provision of Title III or that the person has not complied with section 7 of this chapter, the commission shall dismiss the complaint and publish the order dismissing the matter in the Indiana Register.
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.20.

IC 3-6-4.5-21 Violation; remedy
Sec. 21. As authorized by 52 U.S.C. 21112, if the commission determines that there is a violation of any provision of Title III, the commission shall determine and provide the appropriate remedy if authorized by law to do so. If providing the remedy would require additional or amended Indiana legislation, the commission shall notify the interim study committee on elections established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6 and provide recommendations regarding the form and content of this legislation.
As added by P.L.209-2003, SEC.13. Amended by P.L.53-2014, SEC.48; P.L.128-2015, SEC.21.

IC 3-6-4.5-22 Declaration or injunctive relief
Sec. 22. The secretary of state may file a civil action seeking declaratory or injunctive relief to secure or implement a remedy determined by the commission to be appropriate under section 21 of this chapter.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-23 Written summary of action
Sec. 23. The commission shall forward a written summary of any action taken by the commission under section 20 or 21 of this chapter by certified mail to:
(1) the person who filed the complaint;
(2) the person alleged to have committed the violation; and
(3) the attorney general.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-24 Final determination; time limitations
Sec. 24. As required by 52 U.S.C. 21112, the commission shall make the final determination regarding the complaint not later than ninety (90) days after the date the complaint is filed. The person filing the complaint may file a written consent permitting the commission to take a longer period to make the final determination regarding the complaint. As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.22.

IC 3-6-4.5-25 Final determination; failure to make within time limitations
Sec. 25. As required by 52 U.S.C. 21112, if the commission fails to make the final determination regarding the complaint within the period applicable to the complaint under section 24 of this chapter, the complaint shall be resolved not later than sixty (60) days after the deadline applicable to the complaint under section 24 of this chapter.
As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.23.

IC 3-6-4.5-26 Arbitrator; referral
Sec. 26. A complaint described by section 25 of this chapter shall be resolved by referral to an arbitrator selected jointly by the commission and the person who filed the complaint. As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-27 Arbitrator; access to record or other materials
Sec. 27. As provided by 52 U.S.C. 21112, the record and other materials from any proceedings conducted by the commission shall be made available for use by the arbitrator. As added by P.L.209-2003, SEC.13. Amended by P.L.128-2015, SEC.24.

IC 3-6-4.5-28 Arbitrator; report
Sec. 28. The arbitrator shall file a report with the election division setting forth the resolution of the complaint. The report must specify the following:
(1) Whether a violation of Title III has occurred or was about to occur when the complaint was filed.
(2) The appropriate remedy to correct any violation.
(3) Whether providing the remedy would require additional or amended Indiana legislation or a civil action for declaratory or injunctive relief.
(4) Any other information and recommendations necessary to fully provide any appropriate relief under this chapter.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.9 Chapter 4.9. Administrative Enforcement of Election Law

IC 3-6-4.9-1 Nonapplicability of chapter to enforcement of provisions of IC 3-9
Sec. 1. This chapter does not apply to enforcement of a provision of IC 3-9.
As added by P.L.157-2019, SEC.2

IC 3-6-4.9-2 “Agency”
Sec. 2. As used in this chapter, “agency” refers to the following:
(1) The election division, if the commission is the enforcement authority.
(2) The county election board, if the county election board is the enforcement authority.
As added by P.L.157-2019, SEC.2

3-6-4.9-3 “Enforcement authority”
Sec. 3. As used in this chapter, “enforcement authority” refers to either of the following:
(1) The commission, which has exclusive jurisdiction under this chapter for matters relating to elections and candidates for state, legislative, and judicial offices.
(2) The county election board, which has jurisdiction under this chapter for matters relating to elections and candidates for local and school board offices.
As added by P.L.157-2019, SEC.2

3-6-4.9-4 Enforcement proceedings subject to IC 4-21.5
Sec. 4. Proceedings of an enforcement authority under this chapter are subject to IC 4-21.5.
As added by P.L.157-2019, SEC.2

3-6-4.9-5 Enforcement authority investigation and report; commission; county election board
Sec. 5. (a) If the commission is the enforcement authority, a commission member, or the co-directors, with the authorization of the commission, may conduct a hearing or an investigation, take evidence, and report back to the commission for its consideration and action.
(b) If a county election board is the enforcement authority, a county election board member may conduct a hearing or an investigation, take evidence, and report back to the board for its consideration and action.
As added by P.L.157-2019, SEC.2

3-6-4.9-6 Investigative costs added to civil penalty
Sec. 6. If a civil penalty is imposed under this chapter, any investigative costs incurred and documented by the agency shall be added to the civil penalty imposed.
As added by P.L.157-2019, SEC.2

3-6-4.9-7 Depositing of civil penalties and investigative costs into fund
Sec. 7. Civil penalties and investigative costs shall be deposited in the fund designated under this chapter.
As added by P.L.157-2019, SEC.2

3-6-4.9-8 Finding of imposition of civil penalty to be unjust; waiver or reduction
Sec. 8. An enforcement authority may, upon the unanimous vote of its entire membership, find that imposition of a civil penalty required to be imposed under this chapter would be unjust under the circumstances and do either of the following:
(1) Waive the penalty.
(2) Reduce the penalty to an amount specified by the enforcement authority.
As added by P.L.157-2019, SEC.2

3-6-4.9-9 Agreement to pay proposed penalty and waive hearing
Sec. 9. (a) If a person is notified by the agency that the enforcement authority may assess a proposed civil penalty under this chapter against the person, the person may enter into an agreement with the agency to pay the proposed penalty and waive a hearing before the enforcement authority.
(b) An agreement entered into under this section must:
(1) provide for the payment of the entire proposed civil penalty not later than the date of the execution of the agreement; and
(2) be presented to the enforcement authority by the agency for ratification at the enforcement authority’s next regularly scheduled meeting.
As added by P.L.157-2019, SEC.2

3-6-4.9-10 Penalty for violation of IC 3-11-4-5.2 by mailing communication not containing information in manner described by IC 3-11-4-5.2(b) or IC 3-11-4-5.2(c)
Sec. 10. (a) This section does not apply to a person whose sole act is, in the normal course of business, the printing, distribution, or mailing of the communication containing the information.
(b) A person who violates IC 3-11-4-5.2 by mailing a communication that does not contain the information in the manner described by IC 3-11-4-5.2(b) or IC 3-11-4-5.2(c) is subject to a civil penalty as provided in this section.
(c) If the enforcement authority determines that a person is subject to a civil penalty under this section, the enforcement authority may assess a civil penalty of not more than one thousand dollars ($1,000) for each communication circulated or published (but not for each of the copies of the communication actually circulated or published).
(d) Penalties and costs collected under this section shall be deposited in the election administration assistance fund established by IC 3-11-6.5-2.
As added by P.L.157-2019, SEC.2

IC 3-6-5 Chapter 5. County Election Boards

IC 3-6-5-1 Establishment
Sec. 1. (a) Except as provided in subsection (b), a board is established in each county of the state known as the (name of county) county election board.
(b) A county election board is not established in the following counties:
(1) A county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).
(2) A county having a population of more than one hundred seventy thousand (170,000) but less than one hundred seventy-five thousand (175,000).
[Pre-1986 Recodification Citation: 3-1-4-1 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.11; P.L.144-2001, SEC.2; P.L.170-2002, SEC.4; P.L.119-2012, SEC.2.

IC 3-6-5-2 Membership
Sec. 2. The following three (3) members comprise each county election board:
(1) The circuit court clerk, who is ex officio a member of the board.
(2) Two (2) persons appointed by the circuit court clerk, one (1) from each of the major political parties of the county.
[Pre-1986 Recodification Citation: 3-1-4-2 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-3 Candidates for elected office; service as member of board
Sec. 3. (a) A person who is a candidate for elected office or a member of a candidate’s committee may not be appointed as:
(1) a member of a county election board;
(2) a proxy of record for a member under section 4.5 of this chapter; or
(3) an alternate proxy of record for a member under section 4.5 of this chapter.
(b) If an appointed member, a proxy, or an alternate proxy becomes:
(1) a candidate for elected office; or
(2) a member of a candidate’s committee;
the member, proxy, or alternate proxy may not continue to serve on the county election board.
(c) An appointed member, a proxy, or an alternate proxy may not hold elected office while serving on the county election board.
(d) The circuit court clerk may not be a member of a candidate’s committee other than the clerk’s own candidate’s committee.
[Pre-1986 Recodification Citations: 3-1-4-2 part; 3-1-4-10(a) part, (b) part, (c).]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.24; P.L.3-1997, SEC.34; P.L.9-2004, SEC.2; P.L.230-2005, SEC.6.

IC 3-6-5-4 Appointment of members; term of office
Sec. 4. The board members appointed by the circuit court clerk serve until their successors are appointed and qualified.
[Pre-1986 Recodification Citation: 3-1-4-2 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.35.

IC 3-6-5-4.5 Proxy of record; alternate proxy
Sec. 4.5. (a) A member may appoint an individual to serve as a proxy of record in the member’s place as a member of the county election board by filing a written instrument appointing the proxy of record with the circuit court clerk. The proxy of record has the same authority to act and vote on all matters as does the member. The member may revoke the authority of the proxy of record at any time. The authority of the proxy of record may be either limited or general with regard to duration or subject matter as set forth by the member in the written instrument appointing the proxy.
(b) If both the member and the member’s proxy of record are unavailable, the member may appoint another individual in writing to serve as an alternate proxy in the member’s place as a member of the county election board. The alternate proxy has the same authority to act and vote on all matters as does the member. The member may revoke the authority of the alternate proxy at any time. The authority of the alternate proxy may be either limited or general with regard to duration or subject matter as set forth by the member in the written instrument appointing the proxy.
As added by P.L.4-1991, SEC.14.

IC 3-6-5-5 Nominations by county chairmen
Sec. 5. The county chairman of each of the major political parties of a county may nominate, in writing, a member of the chairman’s party for appointment to the county election board. The circuit court clerk shall appoint the nominee to the board.
[Pre-1986 Recodification Citation: 3-1-4-2 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.36.

IC 3-6-5-6 Removal of member upon request of county chairman
Sec. 6. A circuit court clerk shall remove any member of the county election board upon the request of the county chairman of the political party that nominated that member. The clerk then shall appoint a new member nominated by the county chairman.
[Pre-1986 Recodification Citation: 3-1-4-2 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-7 Vacancies
Sec. 7. In case of a vacancy in the office of either appointee to a county election board, the circuit court clerk shall, within five (5) days, send written notice of the vacancy to the county chairman of the appointee’s political party. The chairman may, within five (5) days after receiving notice of the vacancy, nominate in writing a successor who shall be appointed. If the chairman fails to make a nomination within the five (5) day period, the clerk shall, within another five (5) days, appoint a member of the political party entitled to the appointment.
[Pre-1986 Recodification Citation: 3-1-4-2 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.25; P.L.7-1990, SEC.2.

IC 3-6-5-8 Chairman of county election board; secretary
Sec. 8. The members of a county election board shall select one (1) of the appointed members to serve as chairman. The circuit court clerk shall serve as secretary of the board.
[Pre-1986 Recodification Citation: 3-1-4-1 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-9 Compensation of members and secretary
Sec. 9. Each county fiscal body shall determine, in the manner provided by law, the compensation of:
(1) the appointed members of the county election board; and
(2) the circuit court clerk for the clerk’s services as secretary of the county election board.
[Pre-1986 Recodification Citation: 3-1-4-9.1.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.12.

IC 3-6-5-10 Office space
Sec. 10. Each county executive shall furnish to the county election board necessary office space either in the county courthouse or in some other conveniently located building.
[Pre-1986 Recodification Citation: 3-1-4-8.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-11 Chairman to call meetings
Sec. 11. The chairman of a county election board shall call a meeting of the board whenever the chairman considers it necessary for the performance of the board’s duties.
[Pre-1986 Recodification Citation: 3-1-4-3 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-12 Failure of chairman to call meeting
Sec. 12. If the chairman of a county election board for any reason fails to call a meeting of the board, then the two (2) other members may meet to execute the powers and perform the duties of the board.
[Pre-1986 Recodification Citation: 3-1-4-3 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-13 Minutes of meetings; retention; retention and insertion of ballots
Sec. 13. (a) Each county election board shall keep minutes of all meetings of the board, including a written record of the aye and nay vote of each member on all questions coming before the board.
(b) The circuit court clerk shall permanently retain the board minutes.
(c) After ballots are printed by the county for each primary, general, municipal, or special election, the clerk shall retain one (1) regular official ballot from each township in the county and one (1) provisional ballot from any precinct in the county as part of the minutes.
[Pre-1986 Recodification Citation: 3-1-4-3 part.]
As added by P.L.5-1986, SEC.2; Amended by P.L.116-2018, SEC.1; P.L.278-2019, SEC.8.

IC 3-6-5-14 Powers and duties
Sec. 14. (a) Each county election board, in addition to duties otherwise prescribed by law, shall do the following:
(1) Conduct all elections and administer the election laws within the county, except as provided in IC 3-8-5 and IC 3-10-7 for town conventions and municipal elections in certain small towns.
(2) Prepare all ballots.
(3) Distribute all ballots to all of the precincts in the county.
(b) Not later than the Monday before distributing ballots and voting systems to the precincts in the county, the county election board shall notify the county chairman of each major political party and, upon request, the chairman of any other bona fide political party in the county, that sample ballots are available for inspection.
[Pre-1986 Recodification Citation: 3-1-4-4(a).]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.26; P.L.11-1988, SEC.1; P.L.3-1993, SEC.13; P.L.12-1995, SEC.18; P.L.2-1996, SEC.5; P.L.3-1997, SEC.37; P.L.221-2005, SEC.9; P.L.258-2013, SEC.18.

IC 3-6-5-14.5 Delegation of duties of circuit court clerk; resolution
Sec. 14.5. (a) The county election board, by unanimous vote of the entire membership of the board, may adopt a resolution providing that certain duties and responsibilities exercised by the circuit court clerk under this title shall be performed by an employee of the county election board.
(b) A resolution adopted under this section:
(1) must specify the duties and responsibilities to be exercised by the election board employee;
(2) may not be amended or repealed, except by unanimous vote of the entire membership of the county election board; and
(3) expires sixty (60) days after the circuit court clerk who was a member of the county election board when the resolution was adopted leaves office.
As added by P.L.3-1993, SEC.14.

IC 3-6-5-15 Political subdivisions with territory in more than one county
Sec. 15. (a) Except as provided in subsection (b), this section applies when an election is conducted in a political subdivision (as defined in IC 36-1-2-13 and other than a county) that contains territory in more than one (1) county.
(b) This section does not apply to an election:
(1) conducted at the same time as a primary or general election during an even-numbered year; or
(2) conducted in a town by a town election board under IC 3-10-7.
(c) To the extent authorized by this section, the county election board of the county that contains the greatest percentage of population of the political subdivision shall conduct all elections for the political subdivision. The county election board may designate polling places for the election, which may be located in any county in which the political subdivision is located, and shall appoint precinct election officers to conduct the election upon nomination by the county chairman of the county where the precinct is located, or by filling a vacancy if a nomination is not timely made. However, each county election board shall provide poll lists for voters, receive and approve absentee ballot applications, issue certificates of error or other documents for the voters of that county, print ballots for the municipal or special election, and conduct activity required to canvass the votes under IC 3-12-5-2(b).
[Pre-1986 Recodification Citation: 3-1-4-4(b).]
As added by P.L.5-1986, SEC.2. Amended by P.L.5-1989, SEC.6; P.L.219-2013, SEC.5; P.L.74-2017, SEC.7.

IC 3-6-5-16 Budget estimates
Sec. 16. Each county election board shall prepare annually a budget estimate itemizing its expenditures for the previous year and its estimates of the amount of money necessary to be appropriated for the next year. The board shall submit the budget estimate at the time and in the manner and form other county budget estimates are required to be filed.
[Pre-1986 Recodification Citation: 3-1-4-5(c).]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-17 Reports to election division; contents
Sec. 17. (a) Each county election board shall submit a report to the election division after each primary, special, municipal, and general election describing the activities of the board during the previous year. The board shall include the following in the report:
(1) Information relating to the expenses of office maintenance and elections within the county or political subdivisions within the county.
(2) A copy of the statement of the county election board containing the votes cast for each candidate and on each public question in each precinct at the last election preceding the submission of the report.
(3) Any additional information relating to elections that the commission prescribes.
(b) The report described in subsection (a) must be postmarked, hand delivered, or transmitted to the election division using the computerized list under IC 3-7-26.3 not later than fourteen (14) days after each election.
(c) The election division shall send a copy of each report to the office not later than ten
(10) days after receiving the report.
[Pre-1986 Recodification Citation: 3-1-4-5(f).]
As added by P.L.5-1986, SEC.2. Amended by P.L.10-1988, SEC.8; P.L.3-1993, SEC.15; P.L.2-1996, SEC.6; P.L.3-1997, SEC.38; P.L.212-2001, SEC.9; P.L.209-2003, SEC.14.

IC 3-6-5-17.5 Reports to election division; absentee ballots
Sec. 17.5. (a) As required by 52 U.S.C. 20302(c), each county election board shall submit a report to the election division after each general election setting forth the combined number of absentee ballots:
(1) transmitted by the county election board to absent uniformed services voters and overseas voters for the election; and
(2) returned by absent uniformed services voters and overseas voters and cast in the election.
(b) The report must be:
(1) postmarked or hand delivered to the election division not later than fourteen (14) days after the election; and
(2) in the form prescribed by the federal Election Assistance Commission under Section 703(b) of HAVA (52 U.S.C. 20302 (note)).
As added by P.L.209-2003, SEC.15. Amended by P.L.128-2015, SEC.25.

IC 3-6-5-18 Circuit court clerk to perform duties of clerk or secretary
Sec. 18. Each circuit court clerk shall perform all duties imposed upon the clerk under this title as a member of the county election board or as secretary of the board, except when the clerk is acting as the registration officer of the county. Any such action taken by the clerk is considered an action of the board.
[Pre-1986 Recodification Citation: 3-1-4-3 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-19 Circuit court clerk; exercise of powers and duties of board
Sec. 19. A circuit court clerk, with the approval of the county election board, shall exercise the powers and perform the duties imposed upon the board whenever the facilities of the clerk’s office make it more reasonable and efficient for the clerk to do so. Any action taken by the clerk with the approval of the board is considered an action of the board.
[Pre-1986 Recodification Citation: 3-1-4-3 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-20 Deputy election commissioners; appointment and removal; residency
Sec. 20. A county election board may appoint and at its pleasure remove deputy election commissioners. A deputy election commissioner appointed under this section must reside in the county of the election board that appointed the deputy commissioner. If a deputy election commissioner ceases to be a resident of the county of the election board that appointed the deputy election commissioner, the person may not continue to serve as a deputy election commissioner of the county.
[Pre-1986 Recodification Citation: 3-1-4-5(a) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.5-1989, SEC.7.

IC 3-6-5-21 Designation of deputy election commissioners by county chairmen
Sec. 21. The county chairmen of the major political parties of a county shall designate the deputy election commissioners. The deputy election commissioners must be divided equally between the major political parties.
[Pre-1986 Recodification Citation: 3-1-4-5(a) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-22 Deputy election commissioner’s duties
Sec. 22. The deputy election commissioners appointed under section 21 of this chapter may assist the county election board in carrying out its duties in accordance with rules adopted by the board.
[Pre-1986 Recodification Citation: 3-1-4-5(a) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-23 Clerks, custodians and employees
Sec. 23. (a) A county election board may appoint and at its pleasure remove clerks, custodians, and other employees that are necessary in the execution of its powers. The county election board may determine the duties, rank, and salaries of its appointees.
(b) The countyelection board mayemploystudents enrolled at postsecondary educational institutions (including community colleges) to assist in the administration of elections by serving as nonpartisan assistants, in accordance with the requirements of the Help America Vote College Program conducted by the Election Assistance Commission under 52 U.S.C. 21121.
[Pre-1986 Recodification Citation: 3-1-4-5(b).]
As added by P.L.5-1986, SEC.2. Amended by P.L.209-2003, SEC.16; P.L.2-2007, SEC.9; P.L.128-2015, SEC.26.

IC 3-6-5-24 Candidates for elected office; service as deputy election commissioner or employment by county board
Sec. 24. A person who is a candidate for elected office may not be:
(1) appointed as a deputy election commissioner; or
(2) employed by a county election board.
If a deputy election commissioner or employee of a county election board becomes a candidate for elected office, the person may not continue to serve as a deputy election commissioner or employee of a county election board.
[Pre-1986 Recodification Citations: 3-1-4-10(a) part, (b) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.27.

IC 3-6-5-25 Audit of books of county election board
Sec. 25. The books of each county election board shall be audited as are the books of other public officials of the county.
[Pre-1986 Recodification Citation: 3-1-4-5(e).]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-26 Examination of persons; administration of oaths
Sec. 26. A county election board may examine under oath any person with regard to a material matter connected with the proper discharge of its duties. Any member of the board may administer the oath.
[Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-27 Subpoena power
Sec. 27. A county election board may subpoena persons and papers and compel the witnesses to answer under oath any questions that properly come before the board.
[Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-28 Service of process
Sec. 28. The sheriff of a county, for a general election, and the chief law enforcement officer of a municipality, for a municipal election, shall serve all processes issued by a county election board.
[Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-29 Refusal of person to attend or testify; court order; contempt
Sec. 29. If a person subpoenaed by a county election board refuses to attend or testify, the board shall report that fact to a circuit or superior court of the county. The court shall order the witness to attend and testify. If the witness fails or refuses to obey the order, the witness shall be held in contempt.
[Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-30 Witness fees
Sec. 30. A witness who is subpoenaed by a county election board is entitled to be paid the same mileage and fee to which witnesses in court actions are entitled. Mileage and fees shall be paid as other election expenses are paid.
[Pre-1986 Recodification Citation: 3-1-4-7 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-31 Election law violations; investigation; action by board
Sec. 31. If a county election board determines that there is substantial reason to believe an election law violation has occurred, it shall expeditiously make an investigation. If in the judgment of the board, after affording due notice and an opportunity for a hearing, a person has engaged or is about to engage in an act or practice that constitutes or will constitute a violation of a provision of this title or of a rule or order issued under this title, the board shall take the action it considers appropriate under the circumstances, including referring the matter to the attorney general or the appropriate prosecuting attorney.
[Pre-1986 Recodification Citation: 3-4-5-18 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-32 Civil action by attorney general or prosecuting attorney; injunctions
Sec. 32. Upon referral under section 31 of this chapter, the attorney general or prosecuting attorney shall institute on behalf of the state a civil action for relief, including a permanent or temporary injunction, restraining order, or other appropriate order in a circuit or superior court in the county in which the person is found, resides, or transacts business. Upon a proper showing that the person has engaged or is about to engage in the act or practice described by section 31 of this chapter, the court shall grant a permanent or temporary injunction, restraining order, or other order without bond.
[Pre-1986 Recodification Citation: 3-4-5-18 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-33 Assistance by law enforcement officers
Sec. 33. The county sheriff, the chief law enforcement officer of a municipality within the county, and other law enforcement officers shall assist a county election board, upon request, in the enforcement of the election laws and the discharge of its duties, including the use of police radio and telephone service on election days.
[Pre-1986 Recodification Citation: 3-1-4-6.]
As added by P.L.5-1986, SEC.2.

IC 3-6-5-34 Appeals
Sec. 34. Except as expressly provided by statute, an appeal may be taken from a decision of a county election board to the circuit court, superior court, or probate court. An appeal taken under this section must be filed not later than thirty (30) days after the board makes the decision subject to the appeal.
As added by P.L.230-2005, SEC.7. Amended by P.L.84-2016, SEC.3.

IC 3-6-5-35 Precinct election officer’s failure to perform duty; penalty
Sec. 35. (a) An individual who knowingly, recklessly, or negligently fails to perform a duty as a precinct election officer required by this title is subject to a civil penalty under this section in addition to any other penalty imposed.
(b) If the county election board determines, by unanimous vote of the entire membership of the board, that an individual serving as a precinct election officer has failed to perform a duty required by this title, the board shall assess the individual a civil penalty of not more than five hundred dollars ($500).
(c) A civil penalty assessed under this section may be deducted from any compensation that the individual may otherwise be entitled to under IC 3-6-6.
As added by P.L.230-2005, SEC.8; Amended by P.L.278-2019, SEC.9.

IC 3-6-5.1 Chapter 5.1. County Procedures for Resolving Administrative Complaints Concerning Uniform and Nondiscriminatory Election Technology and Administrative Requirements Under Title III of HAVA

IC 3-6-5.1-1 Repealed
As added by P.L.209-2003, SEC.17. Repealed by P.L.230-2005, SEC.91.

IC 3-6-5.1-2 “Title III”
Sec. 2. As used in this chapter, “Title III” refers to Title III of HAVA (52 U.S.C. 21081 through 52 U.S.C. 21085).
As added by P.L.209-2003, SEC.17. Amended by P.L.128-2015, SEC.27.

IC 3-6-5.1-3 Establishment of administrative complaint procedures
Sec. 3. This chapter establishes a county based administrative complaint procedure to supplement the state based administrative complaint procedure under IC 3-6-4.5 to remedy grievances concerning uniform and nondiscriminatory election technologyand administrative requirements under Title III. A person who files a complaint under this chapter retains the right to file a complaint with the election division under IC 3-6-4.5.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-4 Remedies provided
Sec. 4. The remedies provided under this chapter are supplemental to any other remedies provided to an aggrieved party under this title.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-5 Uniformed and nondiscriminatory procedures
Sec. 5. The procedures prescribed by this chapter must be uniform and nondiscriminatory.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-6 Persons entitled to file complaint
Sec. 6. A person who believes there is a violation of any provision of Title III, including a violation that has occurred, is occurring, or is about to occur, may file a complaint with the circuit court clerk of the county where the violation occurred, is occurring, or is about to occur.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-7 Requirements for filing complaint
Note: This version of section effective until 7-1-2018. See also following version of this section, effective 7-1-2018.
Sec. 7. A complaint filed under this chapter must be written, signed, and sworn to before an individual authorized to administer an oath under IC 33-42-4.
As added by P.L.209-2003, SEC.17. Amended by P.L.98-2004, SEC.27.

IC 3-6-5.1-7 Form of complaint
Note: This version of section effective 7-1-2018. See also preceding version of this section, effective until 7-1-2018.
Sec. 7. A complaint filed under this chapter must be written, signed, and sworn to before an individual authorized to administer an oath under IC 33-42-9.
As added by P.L.209-2003, SEC.17. Amended by P.L.98-2004, SEC.27; P.L.128-2017, SEC.2.

IC 3-6-5.1-8 Complaint requirements
Sec. 8. The complaint filed under section 6 of this chapter must state the following:
(1) The name and mailing address of the person alleged to be committing the violation of Title III described in the complaint.
(2) Whether the person filing the complaint has filed a complaint concerning the violation with the election division under IC 3-6-4.5.
(3) The nature of the injury suffered (or about to be suffered) by the person filing the complaint.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-9 Copies of complaint
Sec. 9. The circuit court clerk shall promptly provide a copy of the complaint by first class mail to the members of the county election board and the persons identified in the complaint.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-10 Complaints filed under Chapter 4.5; dismissal
Sec. 10. If the county election board is notified at any time that the person who filed a complaint under this chapter has filed a complaint with the election division under IC 3-6-4.5 regarding this matter, the county election board shall dismiss the proceeding under this
chapter.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-11 Complaints against circuit court clerk
Sec. 11. This section applies if the complaint alleges that the circuit court clerk has committed the violation. The aggrieved person shall file the complaint with the chair of the county election board. The chair shall perform the duties otherwise performed by the circuit court clerk concerning a complaint.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-12 Consolidation of complaints
Sec. 12. The county election board may consolidate complaints filed under this chapter.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-13 Dismissal of complaint; notice
Sec. 13. The circuit court clerk shall determine whether a complaint filed under this chapter describes a violation of Title III if the facts set forth in the complaint are assumed to be true. The circuit court clerk may consult with the election division in making this determination. If the circuit court clerk determines that:
(1) even if the facts set forth in the complaint are assumed to be true, there is no violation of Title III; or
(2) that the person has not complied with section 7 of this chapter;
the circuit court clerk shall dismiss the complaint and publish notice of the order dismissing the matter in accordance with IC 5-3-1.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-14 Dismissal of complaint; copies of determination
Sec. 14. If the circuit court clerk dismisses a complaint under section 13 of this chapter, the circuit court clerk shall provide a copy of this determination by certified mail to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation;
(3) the members of the county election board; and
(4) the election division.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-15 Investigations
Sec. 15. If the circuit court clerk determines that the complaint alleges a violation of Title III if the facts alleged in the complaint are assumed to be true and that the person has complied with section 7 of this chapter, the circuit court clerk shall conduct an investigation under IC 3-6-5.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-16 Reports; submission; copies
Sec. 16. The circuit court clerk, upon completing the investigation, shall submit the results of the investigation to the county election board, which shall then issue a written report. The circuit court clerk shall provide a copy of the report by certified mail to:
(1) the person who filed the complaint;
(2) the person alleged to have committed the violation;
(3) the members of the county election board; and
(4) the election division.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-17 Reports; requirements
Sec. 17. The report described in section 16 of this chapter must:
(1) indicate the date when the complaint alleging the violation was received by the county election board;
(2) contain findings of fact regarding the alleged violation and state whether a violation of Title III has occurred or appeared to be likely to occur when the complaint was filed;
(3) state what steps, if any, the person alleged to have committed the violation has taken to correct the violation or to prevent a reoccurrence of the violation;
(4) suggest any additional measures that could be taken to correct a violation;
(5) indicate the date when a violation was corrected or is expected to be corrected; and
(6) provide any additional information or recommendations useful in resolving this complaint.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-18 Hearings
Sec. 18. At the request of the person filing a complaint, or at the request of a member of the county election board, the board shall conduct a hearing on the complaint and prepare a record of the hearing. This request must be filed not later than noon seven (7) days after the report was mailed under section 16 of this chapter.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-19 Affirmation and amendment of report; referral of matter
Sec. 19. After concluding the hearing, the county election board shall:
(1) affirm the report;
(2) amend the report;
(3) refer the matter to the circuit court clerk for further investigation and submission of a subsequent report to the county election board; or
(4) refer the matter to the election division.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-20 No violation; dismissal; issuance and publication
Sec. 20. If the county election board determines that based on the evidence presented, there is no violation of any provision of Title III or that the person has not complied with section 7 of this chapter, the county election board shall dismiss the complaint and publish notice of the order dismissing the matter in accordance with IC 5-3-1.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-21 Violation; remedy
Sec. 21. If the county election board determines that there is a violation of any provision of Title III, the county election board shall determine and provide the appropriate remedy if authorized by law to do so. If the county election board determines that it is not authorized by law to provide the appropriate remedy, the county election board shall dismiss the complaint.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-22 Written summary of action
Sec. 22. The county election board shall forward a written summary of any action taken by the commission under section 20 or 21 of this chapter by certified mail to:
(1) the person who filed the complaint;
(2) the person alleged to have committed the violation; and
(3) the election division.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.2 Chapter 5.2. Combined County Election Board and Board of Registration

IC 3-6-5.2-1 Applicability of chapter
Sec. 1. This chapter applies to a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).
As added by P.L.3-1993, SEC.16.

IC 3-6-5.2-2 “Board”
Sec. 2. As used in this chapter, “board” refers to the board of elections and registration established by section 3 of this chapter.
As added by P.L.3-1993, SEC.16. Amended by P.L.176-1999, SEC.4.

IC 3-6-5.2-3 Name of board
Sec. 3. The board of elections and registration is established and shall be known as the
(name of county) board of elections and registration.
As added by P.L.3-1993, SEC.16. Amended by P.L.176-1999, SEC.5.

IC 3-6-5.2-4 Membership of board
Sec. 4. The combined board is comprised of the following five (5) members:
(1) The county chairmen of the major political parties of the county shall each appoint two (2) members of the board. Members of the board appointed under this subdivision must be voters of the county and serve a term of two (2) years or until their successors are appointed.
(2) The circuit court clerk, who is an ex officio member of the board.
As added by P.L.3-1993, SEC.16.

IC 3-6-5.2-4.5 Candidates for elected office; service on board
Sec. 4.5. (a) A person who is a candidate for elected office or a member of a candidate’s committee may not be appointed as a member of the board.
(b) If an appointed member becomes a:
(1) candidate for elected office; or
(2) member of a candidate’s committee;
the member may not continue to serve on the board.
(c) An appointed member may not hold elected office while a member of the board.
(d) The circuit court clerk may not be a member of a candidate’s committee other than the clerk’s own candidate’s committee.
As added by P.L.9-2004, SEC.3. Amended by P.L.230-2005, SEC.9.

IC 3-6-5.2-5 Compensation
Sec. 5. Each member of the board shall be paid an annual salary of not less than ten thousand dollars ($10,000). The salaries of the board members shall be fixed in the manner prescribed by IC 36-2-5 or IC 36-3-6 and paid out of the county general fund in accordance with IC 3-5-3-1 as other election expenses are paid.
As added by P.L.3-1993, SEC.16. Amended by P.L.176-1999, SEC.6.

IC 3-6-5.2-6 Powers of board; duties of director
Sec. 6. (a) The board has all of the powers and duties given in this title (and powers and duties concerning elections or voter registration given in other titles of the Indiana Code) to the following:
(1) The county election board.
(2) The board of registration.
(3) The circuit court clerk.
(4) The county executive.
(b) The director appointed under section 7 of this chapter shall perform all the duties of the circuit court clerk under this title and perform the election or voter registration duties of the circuit court clerk under other titles of the Indiana Code. The board shall perform all the duties of the county executive under this title and perform the election duties of the county executive under other titles of the Indiana Code.
As added by P.L.3-1993, SEC.16. Amended by P.L.13-1995, SEC.1; P.L.176-1999, SEC.7; P.L.26-2000, SEC.3.

IC 3-6-5.2-7 Director
Sec. 7. (a) The board may vest day to day operations in a director of the board and in an assistant director of the board.
(b) The director of the board is appointed by the county chairman of the political party whose nominee received the highest number of votes in the county for secretary of state in the last election.
(c) The assistant director of the board is appointed by the county chairman of the political party whose nominee received the second highest number of votes in the county for secretary of state in the last election.
(d) The assistant director shall receive an annual salary of not less than two thousand dollars ($2,000) less than the salary of the director.
(e) The board shall establish the number and compensation of the employees of the board. The county chairman of each of the major political parties in the county shall appoint one-half (1/2) of the board employees. The director, the assistant director, and the board employees serve at the pleasure of their respective appointing authorities.
As added by P.L.3-1993, SEC.16. Amended by P.L.176-1999, SEC.8.

IC 3-6-5.2-8 Attorney to provide legal services to board
Sec. 8. The board may, by a vote of a majority of the members of the board, hire attorneys to provide legal services for the board, as determined by the board.
As added by P.L.176-1999, SEC.9. Amended by P.L.230-2005, SEC.10.

IC 3-6-5.2-9 Appeals
Sec. 9. Except as expressly provided by statute, an appeal may be taken from a decision of the board to the circuit court, superior court, or probate court. An appeal taken under this section must be filed not later than thirty (30) days after the board makes the decision subject to the appeal.
As added by P.L.230-2005, SEC.11. Amended by P.L.84-2016, SEC.4.

IC 3-6-5.2-10 Evaluation of precincts for consolidation; precinct consolidation order; precinct establishment order
Sec. 10. (a) Except as provided in subsection (d), not later than August 1, 2018, and not later than July 1 each year immediately following a year in which presidential electors are chosen, the secretary of state shall determine the following:
(1) Which precincts within the county had fewer than six hundred (600) active voters (as defined in IC 3-11-18.1-2) as of November 1 of the preceding year.
(2) Whether compliance with the precinct boundary standards set forth in IC 3-11-1.5-4 or IC 3-11-1.5-5 would prevent the combination of a precinct described in subdivision (1) with one (1) or more adjoining precincts.
(3) The potential savings in the administration of elections resulting from the combination of precincts under this section.

Notwithstanding IC 3-11-1.5, the secretary of state shall issue an order to consolidate precincts within the county that is consistent with the standards stated in this subsection and shall file the order with the board and the election division.
(b) The order issued by the secretary of state must do both of the following:
(1) Realize savings for the county.
(2) Not impose unreasonable obstacles on the ability of the voters of the county to vote at the polls.
(c) An order issued under subsection (a) takes effect January 1, 2019, and September 1 each year following the year in which presidential electors are chosen.
(d) Not later than July 1, 2018, the commission shall adopt a precinct establishment order for the county that the commission considers will do both of the following:
(1) Realize savings for the county.
(2) Not impose unreasonable obstacles on the ability of the voters of the county to vote at the polls.

If the commission adopts an order under this subsection, the order takes effect January 1, 2019. If the commission does not adopt an order under this subsection, the secretary of state shall issue an order as provided in subsection (a).
As added by P.L.262-2017, SEC.1; Amended by P.L.210-2018, SEC.1

IC 3-6-5.4 Chapter 5.4. Tippecanoe County Board of Elections and Registration

IC 3-6-5.4-1 Applicability of chapter
Sec. 1. This chapter applies to a county having a population of more than one hundred seventy thousand (170,000) but less than one hundred seventy-five thousand (175,000).
As addedby P.L.144-2001, SEC.3. Amended by P.L.170-2002, SEC.5; P.L.119-2012, SEC.3.

IC 3-6-5.4-2 “Board”
Sec. 2. As used in this chapter, “board” refers to the board of elections and registration established by section 3 of this chapter.
As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-3 Establishment; name
Sec. 3. (a) The board of elections and registration is established for the county.
(b) The board shall be known as the (name of the county) board of elections and registration.
As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-4 Members
Sec. 4. (a) The board consists of the following:
(1) One (1) member appointed by the county chairman of each of the major political parties of the county. A member appointed under this subdivision must be a voter of the county.
(2) The circuit court clerk, who serves as an ex officio member of the board.
(b) The board members serving under subsection (a)(1) serve at the pleasure of their respective county chairman.
As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-4.5 Candidates for elected office; service on board
Sec. 4.5. (a) A person who is a candidate for elected office or a member of a candidate’s committee may not be appointed as a member of the board.
(b) If an appointed member becomes a:
(1) candidate for elected office; or
(2) member of a candidate’s committee;
the member may not continue to serve on the board.
(c) An appointed member may not hold elected office while a member of the board.
(d) The circuit court clerk may not be a member of a candidate’s committee other than the clerk’s own candidate’s committee.
As added by P.L.9-2004, SEC.4. Amended by P.L.230-2005, SEC.12.

IC 3-6-5.4-5 Powers and duties
Sec. 5. (a) The board has all the powers and duties given in this title to the following:
(1) The county election board.
(2) The board of registration.
(3) The county executive.
(b) The circuit court clerk shall perform all the duties of the circuit court clerk under this title.
As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-6 Appointment of deputy
Sec. 6. Each board member described in section 4(a)(1) of this chapter may, subject to the approval of the county chairman that appointed the board member, appoint a deputy to assist the board member.
As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-7 Appointment of employees
Sec. 7. (a) The board shall appoint employees to perform the board’s election and registration duties under this title.
(b) The board may appoint an individual as an employee only upon the nomination by the county chairman of one (1) of the major political parties of the county.
(c) The staff of the board must be equally divided between the major political parties of the county.
(d) The board may designate and assign an employee to election or registration duties subject to the consent of the county chairman that nominated the employee to be a member of the staff.
(e) An employee of the board may be cross-trained and assist other employees of the board with other duties subject to the direction of the board.
(f) The board shall make final determinations with respect to the duties and assignments of employees of the board.
As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-8 Unified budget
Sec. 8. The county shall establish a unified budget for the board that includes all expenses of conducting elections, registering voters, paying board employees, and compensatingboard member expenses.
As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-9 Applicability of title
Sec. 9. Subject to this chapter, this title applies to the operation of the board relating to conducting elections and registering voters.
As added by P.L.144-2001, SEC.3.

IC 3-6-5.4-10 Appeals
Sec. 10. Except as expressly provided by statute, an appeal may be taken from a decision of the board to the circuit court, superior court, or probate court. An appeal taken under this section must be filed not later than thirty (30) days after the board makes the decision subject to the appeal.
As added by P.L.230-2005, SEC.13. Amended by P.L.84-2016, SEC.5.

IC 3-6-5.6 Chapter 5.6. Porter County Board of Elections and Registration

IC 3-6-5.6-1 Applicability of chapter
Sec. 1. This chapter applies to a county having a population of more than one hundred fifty thousand (150,000) but less than one hundred seventy thousand (170,000).
As added by P.L.170-2019, SEC.4

IC 3-6-5.6-1.1 Abolishment of county election board; transfers to board of elections and registration
Sec. 1.1. (a) On July 1, 2019, the county election board is abolished and all of its functions, powers, and duties are transferred to the board established by section 3 of this chapter.
(b) On July 1, 2019, the records, property, and appropriations of the county election board are transferred to the board established by section 3 of this chapter.
(c) This section expires July 1, 2024.
As added by P.L.170-2019, SEC.4

IC 3-6-5.6-2 “Board”
Sec. 2. As used in this chapter, “board” refers to the board of elections and registration established by section 3 of this chapter.
As added by P.L.170-2019, SEC.4

IC 3-6-5.6-3 Board of elections and registration; establishment
Sec. 3. The board of elections and registration is established and shall be known as the __________ (name of county) board of elections and registration.
As added by P.L.170-2019, SEC.4

IC 3-6-5.6-4 Members; term
Sec. 4. The board is comprised of the following five (5) members:
(1) The county chairmen of the major political parties of the county shall each appoint two (2) members of the board. Members of the board appointed under this subdivision:
(A) must be voters of the county; and
(B) serve a term of two (2) years or until their successors are appointed.
(2) The circuit court clerk, who is an ex officio member of the board.
As added by P.L.170-2019, SEC.4; Amended by P.L.156-2020, SEC.1.

IC 3-6-5.6-5 Candidates for elected office, candidate committee members, and elected members prohibited from membership; circuit court clerk exclusion
Sec. 5. (a) A person who is a candidate for elected office or a member of a candidate’s committee may not be appointed as a member of the board.
(b) If an appointed member becomes a:
(1) candidate for elected office; or
(2) member of a candidate’s committee;

the member may not continue to serve on the board.
(c) An appointed member may not hold elected office while a member of the board.
(d) The circuit court clerk may not be a member of a candidate’s committee other than the clerk’s own candidate’s committee.
As added by P.L.170-2019, SEC.4

IC 3-6-5.6-6 Salaries
Sec. 6. Each member of the board shall be paid an annual salary of not less than five thousand dollars ($5,000). The salaries of the board members shall be fixed in the manner prescribed by IC 36-2-5 and paid out of the county general fund in accordance with IC 3-5-3-1 as other election expenses are paid.
As added by P.L.170-2019, SEC.4

IC 3-6-5.6-7 Powers and duties
Sec. 7. (a) The board has all of the powers and duties given in this title (and powers and duties concerning elections or voter registration given in other titles of the Indiana Code) to the following:
(1) The county election board.
(2) The board of registration.
(3) The circuit court clerk.
(4) The county executive.
(b) The director appointed under section 8 of this chapter shall perform all the duties of the circuit court clerk under this title and perform the election or voter registration duties of the circuit court clerk under other titles of the Indiana Code. The board shall perform all the duties of the county executive under this title and perform the election duties of the county executive under other titles of the Indiana Code.
As added by P.L.170-2019, SEC.4

IC 3-6-5.6-8 Daily operations; appointment of director, assistant director and members; salaries
Sec. 8. (a) The board may vest day to day operations in a director of the board and in an assistant director of the board.
(b) The circuit court clerk shall appoint the director and the assistant director, subject to the following:
(1) The director and the assistant director may not be members of the same political party.
(2) The appointment of the director and the assistant director is subject to the approval of the board, as follows:
(A) At least three (3) members of the board must approve the appointment of the director and the assistant director.
(B) At least two (2) of the board members who vote to approve an appointment may not be members of the same political party.
(c) The assistant director shall receive an annual salary of not less than two thousand dollars ($2,000) less than the salary of the director.
(d) The number and compensation of the employees of the board shall be fixed in the manner prescribed by IC 36-2-5 and paid out of the county general fund in accordance with IC 3-5-3-1 as other election expenses are paid.
(e) The director and the assistant director shall each appoint one-half ( ½ ) of the board employees, subject to the following:
(1) A board employee may not be a relative (as defined in IC 3-6-5.9-3) of either individual making an appointment under this section.
(2) At least three (3) members of the board must approve the appointment of an employee.
(3) At least two (2) of the board members who vote to approve an appointment may not be members of the same political party.
(f) The director and the assistant director serve at the pleasure of the appointing clerk. The board employees serve at the pleasure of the appointing director or assistant director respectively.
As added by P.L.170-2019, SEC.4

IC 3-6-5.6-9 Legal services
Sec. 9. The board may, by a vote of a majority of the members of the board, hire attorneys to provide legal services for the board, as determined by the board.
As added by P.L.170-2019, SEC.4

IC 3-6-5.6-10 Appeals
Sec. 10. Except as expressly provided by statute, an appeal may be taken from a decision of the board to the circuit court or superior court of the county. An appeal taken under this section must be filed not later than thirty (30) days after the board makes the decision subject to the appeal.
As added by P.L.170-2019, SEC.4

IC 3-6-5.9. Chapter 5.9. Appointment of Members of County Election Boards and Boards of Elections and Registration

IC 3-6-5.9-1 Applicability of chapter
Sec. 1. (a) This chapter applies only to an appointed member of a board.
(b) This chapter does not apply to a member of a board who serves on the board by virtue of the office the individual holds.
As added by P.L.170-2019, SEC.5

IC 3-6-5.9-2 “Board”
Sec. 2. As used in this chapter, “board” refers to any of the following:
(1) A county election board.
(2) A board of elections and registration.
As added by P.L.170-2019, SEC.5

IC 3-6-5.9-3 “Relative”
Sec. 3. As used in this chapter, “relative” of an individual refers to any of the following:
(1) The individual’s spouse.
(2) A parent of the individual or a parent of the individual’s spouse.
(3) A child of the individual or a child of the individual’s spouse.
(4) A sibling of the individual or a sibling of the individual’s spouse.
(5) An aunt or an uncle of the individual or an aunt or an uncle of the individual’s spouse.
(6) A niece or nephew of the individual or a niece or nephew of the individual’s spouse.
(7) A grandparent of the individual or a grandparent of the individual’s spouse.
(8) A grandchild of the individual or a grandchild of the individual’s spouse.
As added by P.L.170-2019, SEC.5

IC 3-6-5.9-4 Prohibition of relatives
Sec. 4. An appointed member of a board may not be a relative of any individual that has the authority to appoint a member of the board.
As added by P.L.170-2019, SEC.5

IC 3-6-6 Chapter 6. Precinct Election Officers

IC 3-6-6-1 Precinct election board; members; appointment; chairman
Sec. 1. (a) Except as otherwise provided by law, each county election board shall appoint a precinct election board for each precinct in the county.
(b) A precinct election board consists of the following:
(1) One (1) inspector.
(2) Two (2) judges.
(c) Each county chairman of a major political party of the county is entitled to nominate one (1) judge under section 9 of this chapter.
(d) Each inspector and judge must be a voter of the county.
(e) The inspector serves as the chairman of the precinct election board. [Pre-1986 Recodification Citation: 3-1-5-1(a).]
As added by P.L.5-1986, SEC.2. Amended by P.L.176-1999, SEC.10.

IC 3-6-6-2 Poll clerks; appointment
Sec. 2. (a) Except as provided in section 38 of this chapter, each county election board shall appoint two (2) poll clerks for each precinct in the county.
(b) Each county chairman of a major political party of the county is entitled to nominate one (1) poll clerk under section 9 of this chapter.
(c) Except as provided in section 39 of this chapter, the poll clerks must be voters of the county.
[Pre-1986 Recodification Citation: 3-1-5-2(a) part.]
Asaddedby P.L.5-1986, SEC.2. Amended by P.L.176-1999, SEC.11; P.L.126-2002, SEC.12.

IC 3-6-6-3 Assistant poll clerks; appointment
Sec. 3. (a) Each county election board may appoint two (2) assistant poll clerks in each precinct.
(b) Each county chairman of a major political party of the county is entitled to nominate one (1) assistant poll clerk under section 9 of this chapter.
(c) Except as provided in subsection (d), the assistant poll clerks must be voters of the county.
(d) The county election board may permit a person who is not a voter to be an assistant poll clerk if the person is:
(1) at least sixteen (16) years of age, but not more than seventeen (17) years of age; and
(2) a resident of the county.
[Pre-1986 Recodification Citations: 3-1-5-2(a) part; 3-1-5-5 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.28; P.L.4-1991, SEC.15; P.L.176-1999, SEC.12.

IC 3-6-6-4 Precincts for which assistant clerks appointed; resolution
Sec. 4. A county election board shall adopt a written resolution not later than twenty-eight
(28) days before election day designating the precincts for which assistant clerks are to be appointed. The county election board shall file a copy of the resolution in the office of the circuit court clerk and shall mail copies to the county chairmen of the major political parties of the county.
[Pre-1986 Recodification Citations: 3-1-5-2(b) part; 3-1-5-5 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.39; P.L.126-2002, SEC.13.

IC 3-6-6-5 Election sheriffs; appointment
Sec. 5. (a) Except as provided in section 38 of this chapter, each county election board shall appoint two (2) election sheriffs for each precinct in the county.
(b) Each county chairman of a major political party of the county is entitled to nominate one (1) election sheriff under section 9 of this chapter.
(c) Except as provided in section 39 of this chapter, the sheriffs must be voters of the county.
[Pre-1986 Recodification Citation: 3-1-5-8(a) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.17; P.L.14-1995, SEC.1; P.L.176-1999, SEC.13; P.L.126-2002, SEC.14.

IC 3-6-6-5.5 Performance of election duties; designation of precinct election officers; vote centers
Sec. 5.5. (a) This section applies in a county using vote centers under IC 3-11-18.1.
(b) The county vote center plan:
(1) may use other titles to designate precinct election officers; and
(2) must specify which precinct election officer is to perform a duty required under this title to be performed by a precinct election officer.

(c) A precinct election officer in a vote center county shall comply with section 7 of this chapter.
As added by P.L.258-2013, SEC.19.

IC 3-6-6-6 Election officers entitled to vote
Sec. 6. Each inspector, judge, poll clerk, assistant poll clerk, and election sheriff who is:
(1) a voter of the county; and
(2) not a resident of the precinct; is entitled to vote by absentee ballot.
[Pre-1986 Recodification Citations: 3-1-5-1(b); 3-1-5-2(d); 3-1-5-8(c).]
As added by P.L.5-1986, SEC.2. Amended by P.L.126-2002, SEC.15.

IC 3-6-6-7 Election officers; eligibility requirements
Sec. 7. (a) An otherwise qualified person is eligible to serve as a precinct election officer unless any of the following apply:
(1) The person is unable to read, write, and speak the English language.
(2) The person has any property bet or wagered on the result of the election.
(3) The person is a candidate to be voted for at the election in the precinct, except as an unopposed candidate for a precinct committeeman or state convention delegate.
(4) The person is the spouse, parent, father-in-law, mother-in-law, child, son-in-law, daughter-in-law, grandparent, grandchild, brother, sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece of a candidate or declared write-in candidate to be voted for at the election in that precinct. This subdivision disqualifies a person whose relationship to the candidate is the result of birth, marriage, or adoption. This subdivision does not disqualify a person from serving as a precinct election officer if the candidate to whom the person is related is an unopposed candidate. For purposes of this subdivision, an “unopposed candidate” includes an individual whose nomination to an office at a primary election is unopposed by any other candidate within the same political party.
(5) The person did not attend training required by section 40 of this chapter.
(b) In addition to the requirements of subsection (a), a person is not eligible to serve as an inspector if the person is the chairman or treasurer of the committee of a candidate whose name appears on the ballot.
[Pre-1986 Recodification Citations: 3-1-5-1(c); 3-1-5-2(c); 3-1-5-8(b); 3-1-4-10(a) part, (b) part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.29; P.L.5-1989, SEC.8; P.L.4-1991, SEC.16; P.L.3-1993, SEC.18; P.L.11-1997, SEC.1; P.L.3-1997, SEC.40; P.L.199-2001, SEC.2; P.L.14-2004, SEC.9.

IC 3-6-6-8 Inspector; nomination by county chairman
Sec. 8. The county chairman of the major political party whose candidate for the office of secretary of state received the highest vote in the county at the last election may nominate a voter for the office of inspector.
[Pre-1986 Recodification Citation: 3-1-5-11 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-9 Election officers; nomination by county chairmen
Sec. 9. The county chairmen of the major political parties of a county may nominate individuals who meet the requirements of section 7 or 39 of this chapter for the following precinct election offices who will serve in the precinct on election day:
(1) Judge.
(2) Poll clerk.
(3) Assistant poll clerk.
(4) Election sheriff.
[Pre-1986 Recodification Citation: 3-1-5-11 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.126-2002, SEC.16.

IC 3-6-6-10 Filing nominations for precinct election offices; limitations on applicability
Sec. 10. (a) A county chairman may make nominations for precinct election offices by filing the nominations in writing with the circuit court clerk not later than noon twenty-one
(21) days before the election.
(b) This subsection does not apply to the office of precinct inspector. A county chairman may specify in the nomination of an individual for a precinct election office that the individual is nominated to serve until noon on election day and that another individual is nominated to serve in the same precinct election office beginning at noon on election day until the expiration of the term of the office under section 37(b) of this chapter.
[Pre-1986 Recodification Citation: 3-1-5-11 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.30; P.L.10-1988, SEC.9; P.L.176-1999, SEC.14; P.L.126-2002, SEC.17.

IC 3-6-6-11 Appointment of persons nominated; nonapplicability to office of precinct inspector
Sec. 11. (a) A county election board shall appoint the individuals who are nominated for precinct election offices by the county chairmen if the individuals are otherwise eligible under this chapter to serve in the precinct election offices for which they are nominated.
(b) This subsection does not apply to the office of precinct inspector. This subsection applies to an appointment to a precinct election office made following a nomination by a county chairman under this chapter. The county election board shall provide that an appointment of an individual to a precinct election office:
(1) expires at noon on election day; or
(2) begins at noon on election day and expires under section 37(b) of this chapter;
if the nomination made by the county chairman specifies that the nomination is made for a term that begins or expires at those times.
(c) This subsection does not apply to the office of precinct inspector. This subsection applies to an appointment to a precinct election office made by a county election board under section 13(b) of this chapter. The county election board may appoint an individual to a precinct election office for a term that:
(1) expires at noon on election day; or
(2) begins at noon on election day and expires under section 37(b) of this chapter. [Pre-1986 Recodification Citation: 3-1-5-11 part.]
Asaddedby P.L.5-1986, SEC.2. Amended by P.L.176-1999, SEC.15; P.L.126-2002, SEC.18.

IC 3-6-6-12 Removal of disqualified member of precinct election board
Sec. 12. (a) A county election board shall remove a precinct election officer and declare the office vacant if:
(1) at any time before or during an election the county election board is notified by the affidavit of two (2) or more voters of the precinct that the officer is not qualified; and
(2) the board determines that the statements made in the affidavit concerning the disqualification of the precinct election officer are true.
(b) If the disqualified officer has taken the oath of office required by this chapter, the circuit court clerk shall attach the oath to the poll list and shall place the affidavit and oath before the next grand jury of the county.
[Pre-1986 Recodification Citation: 3-1-5-1(e).]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.31; P.L.3-1997, SEC.41; P.L.216-2015, SEC.2.

IC 3-6-6-13 Filling of vacancy by county election board
Sec. 13. (a) A county election board shall fill a vacancy in a precinct election office before the hour set for the opening of the polls, upon the nomination of the appropriate county chairman.
(b) This subsection applies to a precinct election office when, at noon, twenty-one (21) days before election day, the appropriate county chairman has made no nomination for the office. The county election board, by majority vote of the board, may fill the office by appointing an individual who would be eligible to serve in the office if nominated by the county chairman.
(c) If a vacancy is filled by the county election board under subsection (b), the board may, by unanimous vote of the entire membership of the board, fill the office by appointing a student:
(1) enrolled at a postsecondary educational institution (including a communitycollege); and
(2) who is a registered voter of the county; to serve as a nonpartisan precinct election officer.
[Pre-1986 Recodification Citation: 3-1-5-11 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1995, SEC.13; P.L.126-2002, SEC.19; P.L.209-2003, SEC.18; P.L.14-2004, SEC.10; P.L.2-2007, SEC.10; P.L.194-2013, SEC.5.

IC 3-6-6-14 Filling vacancy by remaining members
Sec. 14. (a) This section does not apply to a vacancy in the office of election sheriff in a precinct that is subject to a resolution adopted under section 5 of this chapter.
(b) If a precinct election officer fails to appear at the hour set for the opening of the polls, or if a precinct election office becomes vacant during election day, the remaining members of the precinct election board shall fill the vacancy upon the nomination of the highest ranking precinct election officer nominated by the county chairman of the same political party whose county chairman was entitled to nominate the holder of the office to be filled.
(c) If a county chairman fails to nominate the individual appointed to make a nomination to fill a vacant precinct election office under subsection (b), the individual appointed by the county election board to this precinct election office under section 13(b) of this chapter is entitled to make the nomination to fill the vacant precinct office under this section.
(d) For the purpose of these nominations, the rank of precinct election officers is as follows:
(1) Inspector.
(2) Judge.
(3) Poll clerk.
(4) Assistant poll clerk.
(5) Election sheriff.
[Pre-1986 Recodification Citation: 3-1-5-11 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.19; P.L.3-1995, SEC.14; P.L.176-1999, SEC.16.

IC 3-6-6-15 Notification of appointment
Sec. 15. An inspector shall immediately notify the county election board of an appointment made under section 14 of this chapter. The appointee shall hold the office and exercise the powers and duties of the office subject to confirmation or removal by the county election board.
[Pre-1986 Recodification Citation: 3-1-5-11 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-16 Approval by county election board; appointment of qualified person; issuance of credentials
Sec. 16. Upon notification that a vacancy has been filled by a precinct election board under section 14 of this chapter, a county election board shall:
(1) upon written approval of the appropriate county chairman, confirm the appointment by issuance of proper credentials to the precinct election officer so appointed and approved; or
(2) upon nomination by the appropriate county chairman, appoint a qualified person to replace the officer then serving, in which case the officer appointed by the county election board shall be issued proper credentials.
[Pre-1986 Recodification Citation: 3-1-5-11 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-17 Delivery of office to person appointed by county election board Sec. 17. If the authorized holder presents credentials issued under section 16 of this chapter to the precinct election board, the person holding office under appointment by the precinct election board shall vacate the office and deliver the office to the person entitled to
it.
[Pre-1986 Recodification Citation: 3-1-5-11 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-18 Inspector or judge; requirement of oath
Sec. 18. A person appointed to a precinct election office by a precinct election board or by a county election board may not assume the duties of inspector or judge until that person has taken the oath required by section 19 of this chapter.
[Pre-1986 Recodification Citation: 3-1-5-11 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-19 Taking and administering oath
Sec. 19. Before the polls are opened in a precinct, the inspector shall:
(1) take an oath to faithfully discharge the inspector’s duties; and
(2) administer an oath to the judges, poll clerks, assistant poll clerks, and election sheriffs that they will faithfully discharge their duties.
[Pre-1986 Recodification Citations: 3-1-5-4 part; 3-1-5-9 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-20 Administering of oath when no authorized person present
Sec. 20. If no person present is authorized by law to administer an oath of office under section 19 of this chapter, the inspector shall administer the oath to the judges, and one of the judges shall then administer the oath to the inspector. After the organization of the precinct election board, the inspector may administer all oaths required in the discharge of duties.
[Pre-1986 Recodification Citation: 3-1-5-10.]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-21 Oaths; requirements
Sec. 21. All oaths required by this chapter must:
(1) be written or printed; and
(2) be signed by the person taking the oath before a person authorized by law to administer oaths and before the precinct election board.
[Pre-1986 Recodification Citations: 3-1-5-4 part; 3-1-5-9 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-22 Jurat of person administering oath; attachment of oath to poll list
Sec. 22. The person administering an oath under this chapter shall attach the person’s jurat to the oath. The oath shall be attached to the poll list and both documents returned to the county election board.
[Pre-1986 Recodification Citations: 3-1-5-4 part; 3-1-5-9 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.42.

IC 3-6-6-23 Form of oath for precinct election officers
Sec. 23. The oath prescribed for a precinct election officer must be signed before a person authorized to administer oaths and contain the following information:
I do solemnly swear (or affirm) the following:
(1) I will support the Constitution of the United States and the Constitution of the State of Indiana.
(2) I will faithfully and impartially discharge the duties of inspector (or judge, poll clerk, assistant poll clerk, or sheriff) of this precinct under the law.
(3) I will not knowingly permit any person to vote who is not qualified and will not knowingly refuse the vote of any qualified voter or cause any delay to any person offering to vote other than is necessary to procure satisfactory information of the qualification of that person as a voter.
(4) I am now a bona fide resident of the county in which the precinct in which I am to act as a member of the election board is situated and, if required by law, am a qualified voter of that county.
(5) I will not disclose or communicate to any person how any voter has voted at this election or how any ballot has been folded or marked.
(6) I am able to read, write, and speak the English language.
(7) I have no property bet or wagered on the result of this election.
(8) I am not a candidate to be voted for at this election in this precinct, except as an unopposed candidate for a political party office.
(9) If I am serving as an inspector, I am not the chairman or treasurer of the committee of a candidate whose name appears on the ballot.
(10) I am not related to any person to be voted for at this election in this precinct as the spouse, parent, father-in-law, mother-in-law, child, son-in-law, daughter-in-law, grandparent, grandchild, brother, sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece of that person, unless that person is an unopposed candidate.
(11) I was trained as required by IC 3-6-6-40. [Pre-1986 Recodification Citation: 3-1-5-9 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.32; P.L.5-1989, SEC.9; P.L.3-1993, SEC.20; P.L.3-1995, SEC.15; P.L.11-1997, SEC.2; P.L.3-1997, SEC.43; P.L.126-2002, SEC.20; P.L.14-2004, SEC.11.

IC 3-6-6-24 Repealed
[Pre-1986 Recodification Citation: 3-1-5-4 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1995, SEC.16. Repealed by P.L.3-1997, SEC.475.

IC 3-6-6-25 Compensation
Sec. 25. Each inspector, judge, poll clerk, assistant poll clerk, and election sheriff is entitled to a per diem fixed by the county executive for the performance of all the duties of office imposed on the person by this title that are performed on election day.
[Pre-1986 Recodification Citation: 3-1-5-15(a).]
As added by P.L.5-1986, SEC.2. Amended by P.L.4-1991, SEC.17; P.L.3-1993, SEC.21; P.L.3-1997, SEC.44.

IC 3-6-6-26 Additional compensation for inspector
Sec. 26. In addition to the compensation required under section 25 of this chapter, an inspector may be paid an amount:
(1) for the inspector’s services in calling at the circuit court clerk’s office for the precinct election supplies; and
(2) for the inspector’s services and the services of the judge of the opposite political party in the return of the precinct election supplies to the clerk’s office;
regardless of whether these services are rendered before, on, or after election day. [Pre-1986 Recodification Citation: 3-1-5-15(b).]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.22; P.L.3-1995, SEC.17.

IC 3-6-6-26.5 Repealed
As added by P.L.10-1992, SEC.1. Repealed by P.L.3-1995, SEC.155.

IC 3-6-6-27 County executive to fix compensation; exception
Sec. 27. The county executive shall fix the compensation paid under sections 25 and 26 of this chapter for all elections except municipal elections held by towns under IC 3-10-7. The fiscal body of a town holding a municipal election under IC 3-10-7 shall fix the compensation paid under sections 25 and 26 of this chapter.
[Pre-1986 Recodification Citation: 3-1-5-15(c).]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-28 Eligibility for compensation; compliance with IC 3-12-2-7, IC 3-12-3-10, and IC 3-12-3.5-4
Sec. 28. A member of a precinct election board is entitled to compensation under sections 25 and 26 of this chapter only if the member complies with the requirements of:
(1) IC 3-12-2-7;
(2) IC 3-12-3-10; and
(3) IC 3-12-3.5-4.

A person who violates IC 3-12-2-7, IC 3-12-3-10, or IC 3-12-3.5-4, as determined by the county election board, may not be selected to serve as a member of a precinct election board in the county where the person committed the violation for five (5) years after the date of the violation.
[Pre-1986 Recodification Citation: 3-1-25-2(c), (d), (f) part.]
As added by P.L.5-1986, SEC.2; Amended by P.L.157-2019, SEC.3.

IC 3-6-6-29 Determination of good cause for violation of IC 3-12-2-7
Sec. 29. If a county election board unanimously determines, after a public hearing, that there was good cause for a violation of IC 3-12-2-7, then the restrictions on compensation and subsequent membership on a precinct election board prescribed by section 28 of this chapter do not apply. However, the county election board must make such a determination as its first order of business at its first meeting after the election at which the violation occurred.
[Pre-1986 Recodification Citation: 3-1-25-2(e), (f) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-30 Duties of precinct election board
Sec. 30. Each precinct election board shall determine all matters coming before the board in accordance with Indiana law. If necessary, the judges shall assist the inspector and poll clerks in the performance of their duties. Subject to IC 3-11-9, the judges shall also assist and instruct voters when assistance is requested.
[Pre-1986 Recodification Citation: 3-1-5-3.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.33; P.L.219-2013, SEC.6.

IC 3-6-6-31 Meals or meal allowances
Sec. 31. (a) Each inspector shall have the precinct election officers furnished with good, plain, and substantial meals, at the regular hours for meals, throughout the day until their work is finished. Alcoholic beverages may not be furnished.
(b) If the county legislative body (as defined in IC 36-1-2-9) adopts an ordinance to provide meal allowances, each precinct election officer is entitled to a meal allowance instead of the meals provided under subsection (a). The ordinance must state the amount of the meal allowance to be provided.
[Pre-1986 Recodification Citation: 3-1-5-16 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.34.

IC 3-6-6-32 Precincts using paper ballots; initialing and giving out ballots; duties of clerks
Sec. 32. (a) If a precinct has both poll clerks and assistant poll clerks and the voting is entirely done by paper ballot, the assistant poll clerks shall perform the same duties required of the poll clerks regarding the initialing and giving out of the ballots and pencils or pens when required to do so.
(b) It is necessary for only the two (2) poll clerks or assistant poll clerks giving out a ballot to place their initials on the back of the ballot. However, the two (2) poll clerks or assistant poll clerks must not have been nominated to a precinct election office by the county chairman of the same political party.
[Pre-1986 Recodification Citation: 3-1-5-6 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.35; P.L.176-1999, SEC.17.

IC 3-6-6-33 Tallying votes; signing returns or other certificates
Sec. 33. After the close of the polls, the assistant poll clerks shall assist the poll clerks in tallying the votes under the direction of the precinct election board. However, the election returns or other certificates required to be signed by the poll clerks need not be signed by the assistant poll clerks.
[Pre-1986 Recodification Citation: 3-1-5-6 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-6-34 Precincts using paper ballots; duties of poll clerks and assistant poll clerks
Sec. 34. (a) In a precinct where the voting is by any voting method except entirely by paper ballot, the poll clerks of the precinct shall perform all the duties connected with voting by ballot card voting system or electronic voting system, and the assistant poll clerks shall perform all the duties connected with voting by paper ballot. It is necessary for only the two
(2) assistant poll clerks to place their initials on the back of the paper ballots.
(b) The poll clerks shall tally the vote cast by paper ballot, and they alone shall sign the election certificates and returns. However, the precinct election board may call upon the assistant poll clerks to assist the poll clerks in any of their duties.
[Pre-1986 Recodification Citation: 3-1-5-7.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.36; P.L.221-2005, SEC.10.

IC 3-6-6-35 Duties of election sheriffs
Sec. 35. (a) Each election sheriff shall do the following:
(1) Except as provided in subsection (b), attend the polls in the appointed precinct from the opening of the polls to the conclusion of the count.
(2) Preserve order at the polls.
(3) Enforce the election laws under the direction of the precinct election board.
(4) Upon direction from a member of the precinct election board, request assistance from a law enforcement officer (as defined in IC 35-31.5-2-185) if a violation of law within the polls, or within fifty (50) feet of the polls, has occurred or appears imminent.
(b) The sheriff may leave the polls for the purpose of obtaining assistance from a law enforcement officer under subsection (a)(4).
[Pre-1986 Recodification Citation: 3-1-5-8(a) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.45; P.L.114-2012, SEC.5.

IC 3-6-6-36 Law enforcement officers prohibited from polls
Sec. 36. (a) As used in this section, “law enforcement officer” means a:
(1) police officer;
(2) sheriff;
(3) constable;
(4) marshal; or
(5) deputy of any of those persons.
(b) Law enforcement officers of the state and of political subdivisions may not come within fifty (50) feet of the polls, except to do any of the following:
(1) To serve process of court.
(2) To vote.
(3) To be present when summoned by the election sheriffs or precinct judges.
(4) To serve as a pollbook holder.
(5) To serve as an absentee ballot courier appointed under IC 3-11.5-4-22. [Pre-1986 Recodification Citation: 3-1-5-8(d).]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.37; P.L.176-1999, SEC.18.

IC 3-6-6-37 Contractual agreement
Sec. 37. (a) When the county election board (or a precinct election board acting on behalf of the county election board) appoints a precinct election officer and the individual accepts the appointment by swearing the oath of office required under this chapter, a contract is created between the county election board and the individual in which the county election board retains the services of the precinct election officer as an independent contractor.
(b) The appointment of a precinct election officer expires when the county election board completes the canvass of the precinct under IC 3-12-4.
(c) A precinct election officer is not entitled to receive credentials as a challenger, pollbook holder, or watcher. Except as provided in IC 3-11-8-10.5, which permits a poll clerk to maintain a list of voters to make available to a watcher or pollbook holder, or under any provision of IC 3-11-8 that permits a precinct election officer to challenge a voter as part of the official duties of the precinct election officer, a precinct election officer while serving as a precinct election officer may not perform the functions of a challenger, pollbook holder, or watcher.
(d) For purposes of Article 2, Section 9 of the Constitution of the State of Indiana, the position of precinct election officer is not a lucrative office.
As added by P.L.3-1995, SEC.18. Amended by P.L.230-2005, SEC.14; P.L.169-2015, SEC.10.

IC 3-6-6-38 Omitted precinct election officers
Sec. 38. (a) As used in this section, “omitted precinct election officer” refers to a precinct election officer that a precinct is not required to have by a resolution adopted under this section.
(b) Notwithstanding other provisions of this title, a county election board may adopt a resolution to provide that specified precincts or all precincts of the county are not required to have any or all of the following precinct election officers:
(1) Sheriffs.
(2) Poll clerks.
(c) A resolution adopted under this section must be adopted by unanimous vote of the entire membership of the board.
(d) A resolution adopted under this section must state the following:
(1) The precincts to which the resolution applies.
(2) For each precinct identified in the resolution, which precinct election officers are omitted precinct election officers.
(3) For each precinct identified in the resolution, which precinct election officers will perform the duties required by this title of the omitted precinct election officers.
(e) Notwithstanding any other law, the precinct election officer specified in a resolution adopted under this section shall perform the duties of the omitted precinct election officers as stated in the resolution.
(f) A resolution adopted under this section expires December 31 after the resolution is adopted.
As added by P.L.126-2002, SEC.21. Amended by P.L.14-2004, SEC.12.

IC 3-6-6-38.5 Serving as inspector for more than one precinct; adoption of resolution
Sec. 38.5. (a) As used in this section, “shared location” refers to a location in which more than one (1) precinct votes at the same polling place.
(b) Notwithstanding other provisions of this title, a county election board may adopt a resolution to provide that the same individual serves as the inspector for more than one (1) precinct at a shared location.
(c) A resolution adopted under this section must identify the precincts to which the resolution applies. A resolution adopted under this section may provide that an individual serves as inspector for some, but not all, precincts at the shared location.
(d) A resolution adopted under this section may provide the following:
(1) That other precinct election officers may assist or perform duties of an inspector of the precincts at the shared location as described in the resolution.
(2) Other details of the operation of the shared location under a single inspector that the county election board considers useful.
(e) An individual who serves as an inspector for more than one (1) precinct under this section is required to take only one (1) oath under section 19 of this chapter.
(f) The county executive may provide that the per diem paid to an inspector who serves under this section is greater than the per diem paid to an inspector for a single precinct.
(g) A resolution adopted under this section must be adopted by unanimous vote of the entire membership of the board.
(h) A resolution adopted under this section expires December 31 after the resolution is adopted.
As added by P.L.129-2015, SEC.1.

IC 3-6-6-39 Permitting teenage nonvoter to be precinct election officer or assistant
Sec. 39. (a) The county election board by unanimous vote of the entire membership of the board may permit an individual who is not a voter to serve as any precinct election officer (other than inspector), or to assist a precinct election officer, if the individual satisfies all the following:
(1) The individual is at least sixteen (16) years of age but not eighteen (18) years of age or older.
(2) The individual is a citizen of the United States.
(3) The individual is a resident of the county.
(4) The individual has a cumulative grade point average equivalent to not less than 3.0 on a 4.0 scale.
(5) The individual has the written approval of the principal of the school the individual attends at the time of the appointment or, if the student is educated in the home, the approval of the individual responsible for the education of the student.
(6) The individual has the approval of the individual’s parent or legal guardian.
(7) The individual has satisfactorily completed any training required by the county election board.
(8) The individual otherwise is eligible to serve as a precinct election officer under this chapter but is not required to be a registered voter of the county.
(b) An individual appointed to a precinct election office or assistant under this section, while serving as a precinct election officer or assistant:
(1) is not required to obtain an employment certificate under IC 22-2-18 (before its expiration on June 30, 2021); and
(2) is not subject to the limitations on time and duration of employment under IC 22-2-18 (before its expiration on June 30, 2021) or IC 22-2-18.1.
(c) The county election board is not required to register as an employer under IC 22-2-18.1.
As added by P.L.126-2002, SEC.22. Amended by P.L.209-2003, SEC.19; P.L.230-2005, SEC.15; P.L.225-2011, SEC.7; P.L.194-2013, SEC.6; P.L.76-2014, SEC.4; P.L.147-2020, SEC.1.

IC 3-6-6-40 Training and educational meetings
Sec. 40. (a) The county election board shall conduct a training and educational meeting for precinct election officers.
(b) The board shall require inspectors to attend the meeting and may require other precinct election officers to attend the meeting. The board shall maintain a record of the attendance of each individual at the meeting conducted under this subsection.
(c) The meeting required under this section must include information:
(1) relating to making polling places and voting systems accessible to elderly voters and voters with a disability; and
(2) relating to the voting systems used in the county.
The meeting may include other information relating to the duties of precinct election officers as determined by the county election board.
(d) The meeting required by this section must be held not later than the day before election day.
(e) If an individual:
(1) is appointed as a precinct election officer after the training and educational meeting conducted under this section; or
(2) demonstrates to the county election board that the individual was unable to attend the meeting due to good cause;
the county election board may authorize the individual to serve as a precinct election officer if the county election board determines that there is insufficient time to conduct the training required by this section.
As added by P.L.116-2003, SEC.1. Amended by P.L.66-2003, SEC.4; P.L.14-2004, SEC.13; P.L.230-2005, SEC.16; P.L.99-2007, SEC.5.

IC 3-6-6.5 Chapter 6.5. Certified Election Worker Program

IC 3-6-6.5-1 Establishment
Sec. 1. The certified election worker program is established.
As added by P.L.230-2005, SEC.17.

IC 3-6-6.5-2 Course requirements
Sec. 2. The program must consist of courses in several aspects of precinct election administration, including the following:
(1) The duties of precinct election officers and county election officials.
(2) The laws governing activity permitted and prohibited in polling places.
(3) The laws and procedures governing the operation of voting systems.
(4) The laws governing voter registration, absentee ballots, provisional ballots, and the tabulation of ballots.
(5) Effective communication and problem solving techniques.
(6) The laws and procedures governing the accessibility of polling places and voting systems for individuals with disabilities.
As added by P.L.230-2005, SEC.17. Amended by P.L.74-2017, SEC.8.

IC 3-6-6.5-3 Administration; procedures and requirements for certification
Sec. 3. The secretary of state:
(1) shall administer the program; and
(2) mayestablish procedures and requirements for the certification of an individual who satisfactorily completes the program.
As added by P.L.230-2005, SEC.17.

IC 3-6-6.5-4 Expiration of certification
Sec. 4. The designation of an individual as a certified election worker expires January 1 of the second year following the individual’s certification. The individual’s certification may be renewed by the secretary of state after compliance with the requirements for renewal established under this chapter.
As added by P.L.230-2005, SEC.17. Amended by P.L.74-2017, SEC.9.

IC 3-6-7 Chapter 7. Challengers and Pollbook Holders

IC 3-6-7-1 Appointment; presence at polls
Sec. 1. (a) Each political party or independent candidate may appoint challengers and pollbook holders for each precinct in which the political party or independent candidate is on the ballot.
(b) This subsection applies to a public question that is submitted to the electorate. A county election board may appoint challengers and pollbook holders if a petition requesting the appointment is filed with the board. The petition must be signed by:
(1) the chairman of a political action committee organized under IC 3-9 to support or oppose the approval of the public question; and
(2) at least the number of voters equal to two percent (2%) of the votes cast in the last election for secretary of state in the county.
(c) A challenger must be at least eighteen (18) years of age.
(d) The county election board, county chairman, other local chairman of the party, or independent candidate:
(1) must make the appointments in writing; and
(2) shall issue one (1) identification card for each person appointed under this section.
(e) Except as provided in subsections (f) and (g), each political party or independent candidate described in subsection (a) or a political action committee described in subsection
(b) may have only one (1) challenger and one (1) pollbook holder present at each precinct’s polls at any time during election day.
(f) If more than one (1) precinct votes at the same polling place, the number of challengers and pollbook holders of each political party or independent candidate described in subsection (a) or a political action committee described in subsection (b) entitled to be present at the polling place equals the number of precincts voting at the polling place.
(g) In a county designated as a vote center county under IC 3-11-18.1, the number of challengers and pollbook holders of each political party or independent candidate described in subsection (a) or a political action committee described in subsection (b) entitled to be present at the vote center is one (1) challenger and one (1) pollbook holder for:
(1) each electronic poll book station present at the vote center; or
(2) the number of electronic poll book stations specified in the county vote center plan for the vote center;
whichever is greater.
(h) The challenger and pollbook holder present at the polls must possess an identification card issued under subsection (d).
(i) The identification card issued under subsection (d) must clearly state the following:
(1) The status of the individual as an appointed challenger or pollbook holder.
(2) The name of the individual serving as a challenger or pollbook holder.
(3) The name of the person who appointed the individual as a challenger or pollbook holder, and whether the person is a political party, an independent candidate, or a county election board.
(4) If the challenger or pollbook holder has been appointed by a political party, the name of the political party.
[Pre-1986 Recodification Citations: 3-1-5-8(e) part; 3-1-23-19 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.5-1989, SEC.10; P.L.7-1990, SEC.3; P.L.3-1993, SEC.23; P.L.3-1995, SEC.19; P.L.230-2005, SEC.18; P.L.74-2017, SEC.10.

IC 3-6-7-1.5 Eligibility of candidates
Sec. 1.5. A candidate to be voted for at an election, except as an unopposed candidate for precinct committeeman or state convention delegate, is not eligible to be appointed as a challenger or pollbook holder at an election.
As added by P.L.4-1991, SEC.18.

IC 3-6-7-1.7 Eligibility of challengers
Sec. 1.7. A challenger must be a registered voter of the county.
As added by P.L.3-1997, SEC.46.

IC 3-6-7-2 Repealed
[Pre-1986 Recodification Citation: 3-1-5-8(e) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.5-1989, SEC.11; P.L.2-1997, SEC.2; P.L.38-1999, SEC.6. Repealed by P.L.230-2005, SEC.91.

IC 3-6-7-3 Nonresident challenger or pollbook holder; right to vote by absentee ballot
Sec. 3. A challenger or pollbook holder who is not a resident of the precinct is entitled to vote by absentee ballot.
[Pre-1986 Recodification Citation: 3-1-5-8(e) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-7-4 Compensation
Sec. 4. A challenger or pollbook holder is not entitled to compensation for services except from the political party making the appointment.
[Pre-1986 Recodification Citation: 3-1-5-8(e) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-7-5 Right to enter and leave polls
Sec. 5. (a) A pollbook holder or a challenger appointed under this chapter is entitled to do the following:
(1) Enter the polls at least thirty (30) minutes before the opening of the polls and remain there throughout election day until the polls close.
(2) Enter, leave, and reenter the polls at any time on election day.
(b) A pollbook holder or a challenger is subject to the orders of the board while in the polls.
(c) If demanded by a member of the precinct election board, a pollbook holder or a challenger shall produce the identification card issued under section 1(d) of this chapter. As added by P.L.38-1999, SEC.7. Amended by P.L.230-2005, SEC.19.

IC 3-6-8 Chapter 8. Watchers for Political Parties and Independent Candidates

IC 3-6-8-1 Entitlement to appoint watcher
Sec. 1. (a) The state chairman and county chairman of each bona fide political party or an independent candidate for a federal or a state office are entitled to appoint watchers at each precinct in which the political party or independent candidate is on the ballot.
(b) This subsection applies to a public question that is submitted to the electorate. A county election board may appoint watchers if a petition requesting the appointment is filed with the board. The petition must be signed by:
(1) the chairman of a political action committee organized under IC 3-9 to support or oppose the approval of the public question; and
(2) at least the number of voters equal to two percent (2%) of the votes cast in the last election for secretary of state in the county.
(c) Except as provided in subsections (d), (e), and (f), at any time during election day, each political action committee, each political party, or an independent candidate for a federal or a state office may have only one (1) watcher present at each precinct’s polls.
(d) If both the state chairman and the county chairman of a political party have appointed watchers within the county, the political party may have two (2) watchers present at the polls of each precinct of the county or at each electronic poll book station at any time during election day.
(e) If more than one (1) precinct votes at the same polling place, the number of watchers of each political party, an independent candidate for federal or state office, or each political action committee described in subsection (b) entitled to be present at the polling place equals the number of precincts voting at the polling place.
(f) In a county designated as a vote center county under IC 3-11-18.1, the number of watchers of each political party, an independent candidate for federal or state office, or each political action committee described in subsection (b) entitled to be present at the vote center is one (1) watcher for:
(1) each electronic poll book station present at the vote center; or
(2) the number of electronic poll book stations specified in the county vote center plan for the vote center;
whichever is greater.
[Pre-1986 Recodification Citations: 3-1-6-1 part; 3-1-6-2(b) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.5-1989, SEC.12; P.L.3-1993, SEC.24; P.L.3-1995, SEC.20; P.L.194-2013, SEC.7; P.L.74-2017, SEC.11.

IC 3-6-8-2 Eligibility of candidates
Sec. 2. A candidate to be voted for at an election, except as an unopposed candidate for precinct committeeman or state convention delegate, is not eligible to be appointed as a watcher at an election.
[Pre-1986 Recodification Citation: 3-1-6-1 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.4-1991, SEC.19.

IC 3-6-8-2.5 Eligibility of watchers
Sec. 2.5. A watcher appointed under this chapter must be a registered voter of the county.
As added by P.L.3-1997, SEC.47.

IC 3-6-8-3 Identification card
Sec. 3. (a) A watcher present at the polls must possess an identification card issued under this section and present the card if demanded by a member of the precinct election board.
(b) The county election board, state chairman, county chairman, or chairman of the committee of the independent candidate for a federal or a state office:
(1) must appoint each watcher in writing; and
(2) shall issue one (1) watcher identification card for each person appointed as a watcher.
(c) The identification card must be signed by the chairman of the county election board, state chairman, county chairman of the party, or chairman of the committee of the independent candidate for a federal or a state office that the watcher represents.
(d) The identification card described in subsection (a) must clearly state the following:
(1) The status of the individual as an appointed watcher.
(2) The name of the individual serving as a watcher.
(3) The name of the person who appointed the individual as a watcher.
(4) If the individual has been appointed as a watcher by a political party, the name of the political party.
[Pre-1986 Recodification Citation: 3-1-6-2(b) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.5-1989, SEC.13; P.L.7-1990, SEC.4; P.L.3-1993, SEC.25; P.L.3-1995, SEC.21; P.L.230-2005, SEC.20; P.L.194-2013, SEC.8.

IC 3-6-8-4 Powers and duties
Sec. 4. A watcher appointed under this chapter is entitled to do the following:
(1) Enter the polls at least thirty (30) minutes before the opening of the polls and remain there throughout election day until all tabulations have been completed.
(2) Inspect the paper ballot boxes, ballot card voting system, or electronic voting system before votes have been cast.
(3) Inspect the work being done by any precinct election officer (except when a precinct election officer enters a confidential login or password to obtain access to an electronic poll book or to operate a voting system).
(4) Enter, leave, and reenter the polls at any time on election day.
(5) Witness the calling and recording of the votes and any other proceedings of the precinct election officers in the performance of official duties.
(6) Receive a summary of the vote prepared under IC 3-12-2-15, IC 3-12-3-2, IC 3-12-3-11, or IC 3-12-3.5-3, signed by the precinct election board, providing:
(A) the names of all candidates of the political party whose primary election is being observed by the watcher and the number of votes cast for each candidate;
(B) the names of all candidates at a general, municipal, or special election and the number of votes cast for each candidate; or
(C) the vote cast for or against a public question.
(7) Accompany the inspector and judge in delivering the tabulation and election returns to the county election board by the most direct route.
(8) Be present when the inspector takes a receipt for the tabulation and election returns delivered to the county election board.
(9) Call upon the election sheriffs to make arrests.
[Pre-1986 Recodification Citations: 3-1-6-2(c)(1) part, (c)(2) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.38; P.L.3-1993, SEC.26; P.L.3-1997, SEC.48; P.L.221-2005, SEC.11; P.L.169-2015, SEC.11.

IC 3-6-8-5 Blank certificates for vote summaries
Sec. 5. The county election board shall provide blank certificates for the summaries required by section 4(6) of this chapter.
[Pre-1986 Recodification Citation: 3-1-6-2(c)(1) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-8-6 Report of violations
Sec. 6. A watcher appointed under this chapter shall report any violation of the election laws that comes to the watcher’s attention to the county grand jury or prosecuting attorney.
[Pre-1986 Recodification Citation: 3-1-6-2(c)(2) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-8-7 Appointment of two watchers; powers
Sec. 7. A political party may appoint up to two (2) watchers under this chapter for each satellite office established under IC 3-11-10-26.3. A watcher appointed under this section is entitled to:
(1) enter, leave, and reenter the satellite office at any time the office is open;
(2) inspect the voting systems before absentee ballots are received at the satellite office each day;
(3) inspect the work being done by any elected official, absentee board member, or county employee at the satellite office (except when an individual enters a confidential login or password to obtain access to an electronic poll book or the statewide voter registration system or to operate a voting system used for absentee voting); and
(4) witness any proceeding of the county election board or an absentee voting board at the satellite office.
As added by P.L.169-2015, SEC.12.

IC 3-6-9 Chapter 9. Watchers for Primary, School Board, and Precinct Committeemen Candidates

IC 3-6-9-1 Request for watchers; written statement
Sec. 1. (a) If:
(1) twenty-six percent (26%) or more of all candidates of a political party who are candidates for:
(A) nomination to elected offices at a county primary election (or municipal primary election within the municipality in which the municipal primary is to be conducted), not including candidates for delegates to the state convention or candidates for precinct committeemen; or
(B) precinct committeemen at an election for precinct committeemen, whose names are certified to the county election board as candidates to be voted for at the primary election for precinct committeemen; or
(2) any candidate or group of candidates for a school board office;
desire to have watchers at the polls in any precinct of the county or municipality, they shall sign a written statement indicating their desire to name watchers.
(b) If the candidates signing the statement are candidates for nomination at a county primary election or for election as precinct committeemen or to a school board office, the written statement shall be filed with the circuit court clerk of the county where the candidates reside.
(c) If the candidates signing the statement are candidates for nomination at a municipal primary election, the written statement shall be filed with the circuit court clerk of the county that contains the greatest percentage of the population of the election district.
[Pre-1986 Recodification Citation: 3-1-6-2(a)(1) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.39; P.L.10-1988, SEC.10; P.L.14-2004, SEC.14.

IC 3-6-9-2 Contents of written statement
Sec. 2. The written statement required by section 1 of this chapter must designate:
(1) a person to act as attorney-in-fact for the candidates; and
(2) the precincts where the watchers are desired and where they are to serve. [Pre-1986 Recodification Citation: 3-1-6-2(a)(1) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-9-3 Limitation on appointments of attorney-in-fact
Sec. 3. A candidate may not file more than one (1) appointment of an attorney-in-fact. [Pre-1986 Recodification Citation: 3-1-6-2(a)(2) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-9-4 Certification of watchers by attorney-in-fact
Sec. 4. (a) An attorney-in-fact designated under section 2 of this chapter shall file with the circuit court clerk the names of the voters of the county or municipality who are to act as watchers in the precincts designated in the written statement.
(b) The attorney-in-fact may certify watchers from voters of the county or municipality without regard to precinct boundary lines.
(c) A watcher designated under this section:
(1) may not be a candidate to be voted for at the election, except as an unopposed candidate for precinct committeeman or state convention delegate; and
(2) must be a registered voter of the county.
[Pre-1986 Recodification Citations: 3-1-6-2(a)(1) part, (a)(2) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.49.

IC 3-6-9-5 Issuance of certificates to watchers
Sec. 5. When the attorney-in-fact has certified the names of the watchers in writing under section 4 of this chapter to the circuit court clerk, the clerk shall immediately issue certificates to the persons named. The certificates entitle the watchers to go to the precincts designated in the statement. Each watcher’s credentials must state the following:
(1) The name of the attorney-in-fact who certified the watcher to the clerk.
(2) The status of the individual as a watcher appointed under this chapter.
(3) The name of the individual serving as a watcher.
(4) If the watcher is acting on behalf of a school board candidate, or a group of political party candidates, the name of the school board candidate or political party whose candidates have petitioned for watchers under this chapter.
[Pre-1986 Recodification Citation: 3-1-6-2(a)(1) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.230-2005, SEC.21.

IC 3-6-9-6 Filing of written statement
Sec. 6. The written statement required by section 1 of this chapter may be filed with the circuit court clerk at any time until the official returns and ballots of the precincts have been delivered to the county election board.
[Pre-1986 Recodification Citation: 3-1-6-2(a)(3) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.27.

IC 3-6-9-7 Deputy circuit court clerk
Sec. 7. If the circuit court clerk is not present with the county election board, the clerk shall keep at least one (1) deputy in the room with the board at all times until the tabulation of the vote is final. The deputy must be qualified and ready to sign credentials for watchers when requests for the credentials have been properly filed.
[Pre-1986 Recodification Citation: 3-1-6-2(a)(3) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.28.

IC 3-6-9-8 Right to credentials upon request
Sec. 8. A watcher is entitled to credentials immediately upon request. Upon receipt of credentials, a watcher may proceed to the precinct at any time and proceed with the discharge of the watcher’s duties.
[Pre-1986 Recodification Citation: 3-1-6-2(a)(3) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-9-9 Repealed
[Pre-1986 Recodification Citation: 3-1-6-2(a)(2) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.40. Repealed by P.L.3-1995, SEC.157.

IC 3-6-9-10 Discharge of watcher
Sec. 10. The circuit court clerk shall immediately revoke the power of a watcher when requested by the attorney-in-fact to discharge the watcher. The clerk shall provide forms for the purpose of requesting the discharge of a watcher.
[Pre-1986 Recodification Citation: 3-1-6-2(a)(4) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-9-11 Appointment of new watcher; credentials
Sec. 11. Upon discharge of a watcher under section 10 of this chapter, the circuit court clerk shall immediately appoint another watcher named by the attorney-in-fact. The new watcher has the same powers and duties as the watcher originally appointed and is entitled to credentials from the clerk. The credentials must state the name of the person whose credentials have been revoked. When the new watcher receives the credentials, the duties of the previous watcher immediately terminate.
[Pre-1986 Recodification Citation: 3-1-6-2(a)(4) part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-9-12 Limitation of number of watchers at polls
Sec. 12. (a) Only one (1) watcher representing a candidate or group of candidates may enter or be in the polls for a precinct at the same time, but watchers representing different groups may be in the polls at the same time.
(b) If more than one (1) precinct votes at the same polling place, the number of watchers of each candidate or group of candidates entitled to be present at the polling place equals the number of precincts voting at the polling place.
(c) In a county designated as a vote center county under IC 3-11-18.1, the number of watchers of each candidate or group of candidates entitled to be present at the vote center is one (1) watcher for:
(1) each electronic poll book station present at the vote center; or
(2) the number of electronic poll book stations specified in the county vote center plan for the vote center;
whichever is greater.
[Pre-1986 Recodification Citation: 3-1-6-2(a)(4) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.41; P.L.74-2017, SEC.12.

IC 3-6-9-13 Powers and duties
Sec. 13. A watcher appointed under this chapter is entitled to do the following:
(1) Enter the polls at least thirty (30) minutes before the opening of the polls and remain there throughout election day until all tabulations have been completed.
(2) Inspect the paper ballot boxes, ballot card voting system, or electronic voting system before votes have been cast.
(3) Inspect the work being done by any precinct election officer (except when a precinct election officer enters a confidential login or password to obtain access to an electronic poll book or to operate a voting system).
(4) Enter, leave, and reenter the polls at any time on election day.
(5) Witness the calling and recording of the votes and any other proceedings of the precinct election officers in the performance of official duties.
(6) Receive a summary of the vote prepared under IC 3-12-2-15, IC 3-12-3-2, IC 3-12-3-11, or IC 3-12-3.5-3, signed by the precinct election board, providing:
(A) the names of all candidates of the political party whose primary election is being observed by the watcher and the number of votes cast for each candidate if the watcher is appointed under section 1(a)(1) of this chapter; or
(B) the names of all candidates at a school board election and the number of votes cast for each candidate if the watcher is appointed under section 1(a)(2) of this chapter.
(7) Accompany the inspector and the judge in delivering the tabulation and the election returns to the county election board by the most direct route.
(8) Be present when the inspector takes a receipt for the tabulation and the election returns delivered to the county election board.
(9) Call upon the election sheriffs to make arrests.
As added by P.L.14-2004, SEC.15. Amended by P.L.221-2005, SEC.12; P.L.169-2015, SEC.13.

IC 3-6-10 Chapter 10. Watchers for the Media

IC 3-6-10-1 Media entitled to watchers
Sec. 1. (a) The following media may appoint in writing one (1) watcher for each precinct:
(1) Each newspaper of general circulation in the county where an election is held.
(2) Each news service operating in the county where an election is held.
(3) Each radio or television station operating in the county where an election is held.
(b) If more than one (1) precinct votes at the same polling place, the number of watchers for each entity described in subsection (a) entitled to be present at the polling place equals the number of precincts voting at the polling place.
(c) In a county designated as a vote center county under IC 3-11-18.1, the number of watchers for each entity described in subsection (a) entitled to be present at the vote center is one (1) watcher for:
(1) each electronic poll book station present at the vote center; or
(2) the number of electronic poll book stations specified in the county vote center plan for the vote center;
whichever is greater.
[Pre-1986 Recodification Citation: 3-1-6-2(d) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.42; P.L.4-1996, SEC.13; P.L.74-2017, SEC.13.

IC 3-6-10-2 List of watchers; signature
Sec. 2. A list of all persons appointed under section 1 of this chapter shall be prepared and signed by an individual or an officer of the corporation owning the newspaper, news service, radio station, or television station. The signature must be verified.
[Pre-1986 Recodification Citation: 3-1-6-2(d) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.43.

IC 3-6-10-3 Persons entitled to receive list
Sec. 3. The list required by section 2 of this chapter shall be furnished the day before election day to the following:
(1) The circuit court clerk.
(2) The county election board.
(3) The county chairman of each political party that is entitled to appoint a watcher under IC 3-6-8.
(4) The chairman of each independent candidate’s committee that is entitled to appoint a watcher under IC 3-6-8.
[Pre-1986 Recodification Citation: 3-1-6-2(d) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.29.

IC 3-6-10-4 Application of IC 3-6-10-2 and IC 3-6-10-3
Sec. 4. Sections 2 and 3 of this chapter do not apply to persons who are employed by a newspaper, news service, radio station, or television station as their regular occupation.
[Pre-1986 Recodification Citation: 3-1-6-2(d) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.44.

IC 3-6-10-5 Watcher identification card; powers; photographing proceedings; photographing voters
Sec. 5. (a) Each person who acts as a watcher under this chapter must obtain a watcher identification card from the county election board. The identification card issued under this subsection must clearly state the following:
(1) The status of the individual as an appointed watcher.
(2) The name of the individual serving as a watcher.
(3) The name of the person that appointed the individual as a watcher.
(b) Watchers appointed under this chapter do not have a voice or vote in any proceeding of a precinct election board. The watchers may attend the election as witnesses only and are subject to the orders of the board.
(c) Except as provided in subsection (d), a watcher appointed under this chapter may photograph the proceedings of a precinct election board.
(d) A watcher appointed under this chapter may not photograph a voter:
(1) while the voter is in the polls if the voter informs the precinct election board that the voter objects to being photographed by the watcher; or
(2) in a manner that permits the watcher to see or know for what ticket, candidates, or public questions the voter has voted.
[Pre-1986 Recodification Citation: 3-1-6-2(d) part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.45; P.L.7-1990, SEC.5; P.L.4-1996, SEC.14; P.L.230-2005, SEC.22.

IC 3-6-10-5.5 Powers and duties
Sec. 5.5. A watcher appointed under this chapter is entitled to do the following:
(1) Enter the polls at least thirty (30) minutes before the opening of the polls and remain there throughout election day until all tabulations have been completed.
(2) Inspect the paper ballot boxes, ballot card voting system, or electronic voting system before votes have been cast.
(3) Inspect the work being done by any precinct election officer (except when a precinct election officer enters a confidential login or password to obtain access to an electronic poll book or to operate a voting system).
(4) Enter, leave, and reenter the polls at any time on election day.
(5) Witness the calling and recording of the votes and any other proceedings of the precinct election officers in the performance of official duties.
(6) Receive a summary of the vote prepared under IC 3-12-2-15, IC 3-12-3-2, IC 3-12-3-11, or IC 3-12-3.5-3, signed by the precinct election board, providing the names of all candidates and the number of votes cast for each candidate and the votes cast for or against a public question.
(7) Accompany the inspector and the judge in delivering the tabulation and the election returns to the county election board by the most direct route.
(8) Be present when the inspector takes a receipt for the tabulation and the election returns delivered to the county election board.
As added by P.L.14-2004, SEC.16. Amended by P.L.221-2005, SEC.13; P.L.169-2015, SEC.14.

IC 3-6-10-6 Multi-county media watchers; procurement of watcher identification card
Sec. 6. If a person desires to act as a watcher for a newspaper, news service, radio station, or television station in more than one (1) county in Indiana, the person must obtain a watcher identification card from the election division. The secretary of state may adopt rules under IC 4-22-2 to implement this section.
As added by P.L.3-1987, SEC.46. Amended by P.L.2-1996, SEC.7; P.L.3-1997, SEC.50.

IC 3-6-11 Chapter 11. Poll Takers

IC 3-6-11-1 Polls of voters
Sec. 1. A political party, civic association, or other organization may, at any time before an election, take a poll of voters qualified to vote at the election.
[Pre-1986 Recodification Citation: 3-1-20-1 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-11-2 Certification of polling organization
Sec. 2. The chairman, president, or other chief officer of the organization taking a poll under section 1 of this chapter shall issue to the persons taking the poll a certificate showing the nature of the poll and the organization for which the poll is to be taken.
[Pre-1986 Recodification Citation: 3-1-20-1 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.7-1990, SEC.6.

IC 3-6-11-2.5 Polls taken in student housing
Sec. 2.5. During the last thirty (30) days of each registration period, excluding school holidays, a college or university shall permit a student to knock on the door of each room in the living areas of student housing at the college or university to conduct a poll under this chapter.
As added by P.L.3-1997, SEC.51.

IC 3-6-11-2.6 Procedures for taking polls in student housing
Sec. 2.6. An organization or individual conducting activities under section 2.5 of this chapter shall follow the following procedures:
(1) Submit a list of poll takers to the person designated by the college or university.
(2) If the student housing is not covered by a policy limiting visitation by members of the other gender in the living areas of the student housing, conduct the activities permitted under section 2.5 of this chapter between 10 a.m. and 8 p.m.
(3) If the student housing is covered by a policy limiting visitation by members of the other gender in the living areas of the student housing, conduct the activities permitted under section 2.5 of this chapter during the most restrictive of the following times:
(A) Between 10 a.m. and 8 p.m.
(B) During the hours visitation is permitted.
As added by P.L.3-1997, SEC.52.

IC 3-6-11-2.7 Requirements for poll takers entering student housing
Sec. 2.7. A poll taker entering student housing under section 2.5 of this chapter must:
(1) be a student enrolled at the college or university;
(2) carry a poll taker’s certificate issued under section 2 of this chapter;
(3) carry an identification card that includes a photograph of the student;
(4) check in at the main desk, or with the person in charge of security for the building, upon arrival at the student housing; and
(5) check out at the main desk or with the person in charge of security for the building before departing.
As added by P.L.3-1997, SEC.53.

IC 3-6-11-3 Reports by poll takers
Sec. 3. Each poll taker shall make a full, true, and complete list of all persons whose names are reported as voters, with such comments as the poll taker considers proper concerning the voters’ respective qualifications.
[Pre-1986 Recodification Citation: 3-1-20-3.]
As added by P.L.5-1986, SEC.2.

IC 3-6-11-4 Repealed
[Pre-1986 Recodification Citation: 3-1-20-2 part.]
As added by P.L.5-1986, SEC.2. Repealed by P.L.83-2016, SEC.1.

IC 3-6-11-5 Proprietor or manager of place of lodging, or association of co-owners to allow entry by poll taker
Sec. 5. (a) This section does not apply to the proprietor or manager of a residential mental health facility.
(b) As used in this section, “place of lodging” refers to any of the following:
(1) A boarding house.
(2) A lodging house.
(3) A residential building.
(4) An apartment.
(5) Any other place within which persons are lodged.
(c) The:
(1) proprietor or manager of a place of lodging; or
(2) association of co-owners;
shall allow a poll taker for a political party or an independent candidate for a federal or a state office to enter a place of lodging or a condominium during reasonable hours to take a poll of residents.
[Pre-1986 Recodification Citation: 3-1-20-2 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.7-1990, SEC.7; P.L.4-1991, SEC.20; P.L.3-1993, SEC.30; P.L.12-1995, SEC.19; P.L.2-1996, SEC.8; P.L.2-2002, SEC.23; P.L.83-2016, SEC.2; P.L.201-2017, SEC.2.

IC 3-6-11-6 Repealed
[Pre-1986 Recodification Citation: 3-1-20-2 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.4-1991, SEC.21. Repealed by P.L.83-2016, SEC.3.

IC 3-6-11-7 Failure of proprietor or association to allow entry; meeting of county election board; violations
Sec. 7. (a) If the proprietor, manager, or association of co-owners does not permit a poll taker for a political party or an independent candidate for a federal or a state office to enter the place or condominium under section 5(c) of this chapter, the chairman of the county election board of the county in which the place or condominium is located shall call a meeting of the board under IC 3-6-5.
(b) The secretary of the county election board shall notify the proprietor, manager, or association of the meeting by certified mail, return receipt requested.
(c) The county election board shall receive evidence concerning violations of this section and, if the board determines that reasonable cause exists to believe that a violation has occurred, forward a copy of the minutes of the meeting to the prosecuting attorney of the county in which the place or condominium is located for proceedings under IC 34-28-5.
[Pre-1986 Recodification Citation: 3-1-20-2 part.]
As added by P.L.5-1986, SEC.2. Amended by P.L.7-1990, SEC.8; P.L.4-1991, SEC.22; P.L.3-1993, SEC.31; P.L.1-1998, SEC.62; P.L.83-2016, SEC.4.

IC 3-6-11-7.5 Repealed
As added by P.L.7-1990, SEC.9. Repealed by P.L.83-2016, SEC.5.

IC 3-6-11-8 Exemption for small lodging houses
Sec. 8. The keeping of three (3) or fewer persons as guests or lodgers in a building does not constitute a building subject to section 5 of this chapter.
[Pre-1986 Recodification Citation: 3-1-20-2 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-11-9 Exemption for armed services camps or barracks
Sec. 9. This chapter does not apply to a camp or barracks maintained by or for the armed services of the United States.
[Pre-1986 Recodification Citation: 3-1-20-2 part.]
As added by P.L.5-1986, SEC.2.

IC 3-6-12 Chapter 12. Carriers of Petitions for Candidates and Public Questions

IC 3-6-12-1 Applicability of chapter
Sec. 1. This chapter applies to a petition that is required to place a candidate or a public question on the ballot.
As added by P.L.186-2013, SEC.1.

IC 3-6-12-2 “Petition carrier”
Sec. 2. As used in this chapter, “petition carrier” refers to an individual who circulates a petition that is required to place a candidate or a public question on the ballot. The term includes a candidate circulating a petition for the candidate’s placement on the ballot.
As added by P.L.186-2013, SEC.1; Amended by P.L.278-2019, SEC.10.

IC 3-6-12-3 “Petition statute”
Sec. 3. As used in this chapter, “petition statute” refers to the statute that requires the signatures of petitioners to place a candidate or a public question on the ballot.
As added by P.L.186-2013, SEC.1.

IC 3-6-12-4 “Signature page”
Sec. 4. As used in this chapter, “signature page” refers to a page of a petition on which petitioners sign their names and provide other information required by the petition statute. As added by P.L.186-2013, SEC.1.

IC 3-6-12-5 Conflict between chapter and petition statute
Sec. 5. If there is a conflict between this chapter and a specific applicable provision of the petition statute, the provision of the petition statute governs.
As added by P.L.186-2013, SEC.1.

IC 3-6-12-6 Satisfaction of qualifications and requirements of petition statute and chapter
Sec. 6. A petition carrier must satisfy all other qualifications or requirements required by the petition statute in addition to the qualifications and requirements of this chapter.
As added by P.L.186-2013, SEC.1.

IC 3-6-12-7 Required affirmation by petition carrier
Sec. 7. (a) The petition carrier must sign and date the following statement at the bottom of each signature page: “I affirm under the penalties for perjury that I have no reason to believe that any individual whose signature appears on this page is ineligible to sign this petition or did not properly complete and sign this page.”.
(b) The petition carrier must also print the following information below the affirmation stated in subsection (a):
(1) The petition carrier’s name.
(2) The petition carrier’s full address, including the ZIP code.
(3) The petition carrier’s date of birth.
As added by P.L.186-2013, SEC.1.

IC 3-6-12-8 Noncomplying signature page; filing and retention
Sec. 8. A signature page:
(1) that does not satisfy section 7 of this chapter; or
(2) that is signed by a petition carrier who does not comply with this chapter or the petition statute;
must be received for filing, if the signature page otherwise complies with IC 3-5-4, and must be retained as required under IC 3-10-1-31.1. However, subject to section 9 of this chapter, a county voter registration office shall not make a determination regarding the validity of the signatures on the signature page.
As added by P.L.186-2013, SEC.1.

IC 3-6-12-9 Notice of signature page noncompliance; corrections
Sec. 9. (a) If a county voter registration office determines that a signature page does not comply with this chapter, the county voter registration office shall give the best possible notice of its determination to the petition carrier who submitted the signature page to allow for the correction of the signature page as provided by subsection (b).
(b) If the final date and hour for filing a petition with the county voter registration office has not passed, a petition carrier may add or correct information described in section 7 of this chapter set forth on a signature page:
(1) circulated by the petition carrier; and
(2) previously filed with the county voter registration office.
(c) A petition carrier may not make any additions or corrections to a signature page:
(1) after the final date and hour for filing a petition has passed; or
(2) concerning information supplied by or requested from the voter.
As added by P.L.186-2013, SEC.1.

IC 3-6-12-10 Signature page noncompliance; final date and hour for filing passed
Sec. 10. If one (1) or more signature pages do not comply with this chapter after the final date and hour for filing the petition has passed, a challenge to the placement of the candidate or public question on the ballot may be filed with the county election board or the election division as provided by law.
As added by P.L.186-2013, SEC.1.

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Title IC 3 – Article 7 – Voter Registration

IC 3-7-1 Chapter 1. Repealed

Repealed by P.L.12-1995, SEC.138.

IC 3-7-2 Chapter 2. Repealed

Repealed by P.L.12-1995, SEC.138.

IC 3-7-3 Chapter 3. Repealed

Repealed by P.L.12-1995, SEC.138.

IC 3-7-4 Chapter 4. Repealed

Repealed by P.L.12-1995, SEC.138.

IC 3-7-4.5 Chapter 4.5. Repealed

Repealed by P.L.12-1995, SEC.138.

IC 3-7-5 Chapter 5. Repealed

Repealed by P.L.8-1992, SEC.43.

IC 3-7-5.1 Chapter 5.1. Repealed

Repealed by P.L.12-1995, SEC.138.

IC 3-7-6 Chapter 6. Repealed

Repealed by P.L.3-1995, SEC.154.

IC 3-7-7 Chapter 7. Repealed

Repealed by P.L.12-1995, SEC.138.

IC 3-7-7.5 Chapter 7.5. Repealed

Repealed by P.L.12-1995, SEC.138.

IC 3-7-8 Chapter 8. Repealed

Repealed by P.L.12-1995, SEC.138.

IC 3-7-9 Chapter 9. Repealed

Repealed by P.L.12-1995, SEC.138.

IC 3-7-10 Chapter 10. General Provisions

IC 3-7-10-1 Provisions by general assembly for voter registration
Sec. 1. This article is enacted by the general assembly to implement Article 2, Section 14(c) of the Constitution of the State of Indiana, which requires the general assembly to provide for the registration of all persons entitled to vote.
As added by P.L.176-1999, SEC.19.

IC 3-7-10-2 “License branch”
Sec. 2. For purposes of this article, “license branch” includes a location operated by a full service provider (as defined in IC 9-14.1-1-2).
As added by P.L.198-2016, SEC.1.

IC 3-7-11 Chapter 11. State Administration of Voter Registration

IC 3-7-11-1 Designation of chief state election official
Sec. 1. The co-directors of the election division are jointly designated under 52 U.S.C. 20509 as the chief state election official responsible for the coordination of state responsibilities under NVRA.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.20; P.L.258-2013, SEC.20; P.L.128-2015, SEC.28.

IC 3-7-11-2 Duties of NVRA official
Sec. 2. The NVRA official shall do the following:
(1) Coordinate with the commission to oversee the implementation and administration of NVRA by the state, county, municipal, and nongovernmental offices designated as registration sites under this article.
(2) Develop training programs to assist the offices described in subdivision (1) in properly administering registration services.
(3) Protect the fundamental rights of voters.
(4) Consult with the federal Election Assistance Commission under 52 U.S.C. 20508 to develop a federal mail registration form.
(5) Comply with 52 U.S.C. 20505(b) by making federal and state mail registration forms available for distribution through governmental and private entities, with particular emphasis on making the forms available for organized voter registration programs.
(6) Comply with 52 U.S.C. 20507(g) by notifying a county registration officer whenever the NVRA official receives information from a United States attorney that:
(A) a person has been convicted of a felony in a district court of the United States; or
(B) the conviction has been overturned.
(7) Receive notices from voter registration agencies in other states indicating that a person has registered in that state and requests that the person’s registration in Indiana be canceled.
(8) Forward notices received under subdivision (7) to the appropriate circuit court clerk or board of registration for cancellation of the voter’s registration as provided in 52 U.S.C. 20507(a)(3)(A).
(9) Assist the federal Election Assistance Commission under 52 U.S.C. 20508(a)(3) by preparing reports concerning the impact of NVRA on election administration in Indiana.

(10) Recommend improvements to the Federal Election Commission concerning federal and state procedures, forms, or other matters affected by NVRA.
(11) Develop public awareness programs to assist voters in understanding the services available to them under NVRA.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.21; P.L.209-2003, SEC.20; P.L.128-2015, SEC.29.

IC 3-7-11-3 Written notice of violation
Sec. 3. (a) This section applies when a person aggrieved by a violation of:
(1) NVRA; or
(2) this article;
files a written notice of the violation with the NVRA official under 52 U.S.C. 20510(b) or this chapter. A person who files a written notice of violation under this section must state in the notice whether the person has filed a written notice concerning the violation with the circuit court clerk under IC 3-7-12.
(b) The NVRA official shall promptly provide a copy of the notice by electronic mail, if a usable electronic mail address is available, or by first class mail to:
(1) the person alleged to have committed the violation; and
(2) the members of the commission.
(c) Notwithstanding this chapter, a person aggrieved by a violation of NVRA or this article may file a written notice of violation with the circuit court clerk of the county where the violation allegedly occurred. If a person files a written notice with the circuit court clerk, the NVRA official shall not begin enforcement procedures under this chapter regarding the complaint unless the person files a complaint with the NVRA official under this chapter.
(d) This subsection applies if the written notice of violation alleges that either co-director has committed a violation. The aggrieved person shall file the written notice with the chair of the commission. The chair of the commission shall perform the duties otherwise performed by the NVRA official concerning a written notice of violation.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.22; P.L.128-2015, SEC.30; P.L.169-2015, SEC.15.

IC 3-7-11-4 Determination of violation
Sec. 4. The NVRA official shall determine whether a notice filed under section 3 of this chapter describes a violation of NVRA or this article if the facts set forth in the notice are assumed to be true.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.23.

IC 3-7-11-5 Determination that no violation exists; persons to be notified
Sec. 5. If the NVRA official determines that the notice does not allege a violation of NVRA or this article, even if the facts set forth in the notice are assumed to be true, the NVRA official shall provide a copy of the determination by certified mail to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation;
(3) the members of the commission; and
(4) the attorney general.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.24.

IC 3-7-11-6 Investigation of violation
Sec. 6. If the NVRA official determines that the notice alleges a violation of NVRA or this article if the facts set forth in the notice are assumed to be true, the NVRA official shall conduct an investigation under IC 3-6-4.2.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.25; P.L.209-2003, SEC.21.

IC 3-7-11-7 Report of investigation; copies
Sec. 7. The NVRA official, upon completing the investigation, shall submit the results of the investigation to the commission, who shall then issue a written report. The commission shall provide a copy of the report by certified mail to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation;
(3) the members of the commission; and
(4) the attorney general.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.26.

IC 3-7-11-8 Contents of report
Sec. 8. The report described in section 7 of this chapter must:
(1) indicate the date when the notice alleging the violation was received by the NVRA official;
(2) contain findings of fact regarding the alleged violation of NVRA or this article and state whether a violation of NVRA or this article appears to have occurred;
(3) state what steps, if any, the person alleged to have committed the violation has taken to correct a violation or to prevent a reoccurrence of a violation;
(4) suggest any additional measures that could be taken to correct a violation;
(5) indicate the date when a violation was corrected or is expected to be corrected; and
(6) indicate the number of days remaining after the issuance of the report until the next election will be conducted:
(A) for a federal office in the jurisdiction where the violation is alleged to have occurred if the notice alleges a violation of NVRA; or
(B) for any other office or on any public question if the notice alleges a violation of this article.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.27.

IC 3-7-11-9 Request for hearing
Sec. 9. (a) Any member of the commission may request that the commission conduct a hearing on the NVRA official’s report concerning an alleged violation of NVRA or this article.
(b) The member must file a written request for a hearing under subsection (a) with the NVRA official not later than noon, seven (7) days after the NVRA official’s report was mailed under section 7 of this chapter.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.28.

IC 3-7-11-10 Hearing within 30 days
Sec. 10. The chairman of the commission shall convene the hearing as promptly as possible, but not later than thirty (30) days after the member files the request for a hearing under section 9 of this chapter.
As added by P.L.12-1995, SEC.20. Amended by P.L.2-1998, SEC.3.

IC 3-7-11-11 Duties of commission after hearing
Sec. 11. After concluding the hearing, the commission shall:
(1) affirm the report;
(2) amend the report; or
(3) refer the matter to the NVRA official for further investigation and submission of a subsequent report to the commission.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.29.

IC 3-7-11-12 Written summary forwarded
Sec. 12. The commission shall forward a written summary of any action under section 11 of this chapter by certified mail to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation; and
(3) the attorney general.
As added by P.L.12-1995, SEC.20. Amended by P.L.2-1996, SEC.9.

IC 3-7-11-13 Declaratory or injunctive relief; written notice by person aggrieved
Sec. 13. (a) This section applies to an election for an elected office or on a public question that is not an election (as defined in 52 U.S.C. 30101(1) and referenced in 52 U.S.C. 20502(1)).
(b) The attorney general may file a civil action for declaratory or injunctive relief necessary to carry out this article for the election.
(c) A person aggrieved by a violation of this article concerning the election may provide written notice of the violation to the NVRA official.
(d) Notwithstanding subsection (c), a person aggrieved by a violation of NVRA or this article may file a written notice of violation with the circuit court clerk of the county where the violation allegedly occurred. If a person files a written notice with the circuit court clerk, the NVRA official shall not begin enforcement procedures under this chapter regarding the complaint unless the person files a complaint with the NVRA official under this chapter. As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.30; P.L.128-2015, SEC.31.

IC 3-7-11-14 Procedures for notice; remedies and procedures for aggrieved person if violation not corrected
Sec. 14. (a) This section applies to a written notice filed under section 13 of this chapter.
(b) The NVRA official and the members of the commission shall comply with the procedures set forth in sections 3 through 12 of this chapter in taking action concerning the notice.
(c) The aggrieved person may file a civil action if the violation is not corrected:
(1) within ninety (90) days after the NVRA official receives the notice; or
(2) within twenty (20) days after the NVRA official receives the notice if the violation occurs not later than one hundred twenty (120) days before the election occurs.
(d) The aggrieved person must provide written notice of the violation to the NVRA official under this section before filing a civil action unless the violation occurs less than thirty (30) days before the election occurs.
As added by P.L.12-1995, SEC.20. Amended by P.L.8-1995, SEC.31.

IC 3-7-11-15 Attorney’s fees
Sec. 15. (a) This section applies to a civil action filed under section 14 of this chapter.
(b) A court may allow the prevailing party (other than the state of Indiana) reasonable attorney’s fees, including litigation expenses, and costs.
(c) The civil action is in addition to any other rights and remedies provided by law.
As added by P.L.12-1995, SEC.20.

IC 3-7-12 Chapter 12. County Administration of Voter Registration

IC 3-7-12-1 Duties of circuit court clerk
Sec. 1. (a) This section does not apply to the following counties:
(1) A county in which a board of elections and registration is established.
(2) A county containing a consolidated city.
(3) A county in which a board of registration was established by IC 3-7-12-3 (before its repeal).
(4) A county in which a board of registration exists under an order adopted by a county acting under this chapter.
(b) The circuit court clerk:
(1) is the voter registration officer of each county; and
(2) shall supervise the registration of voters of the county.
As added by P.L.12-1995, SEC.21. Amended by P.L.144-2001, SEC.4; P.L.225-2011, SEC.8; P.L.170-2019, SEC.6.

IC 3-7-12-2 “Board of registration”
Sec. 2. As used in this chapter, “board of registration” includes a board of elections and registration.
As added by P.L.12-1995, SEC.21. Amended by P.L.14-2000, SEC.1; P.L.144-2001, SEC.5; P.L.170-2019, SEC.7.

IC 3-7-12-2.5 County containing consolidated cities
Sec. 2.5. A board of registration is established in a county containing a consolidated city.
As added by P.L.225-2011, SEC.9.

IC 3-7-12-3 Repealed
As added by P.L.12-1995, SEC.21. Amended by P.L.144-2001, SEC.6. Repealed by P.L.225-2011, SEC.93.

IC 3-7-12-4 Orders establishing or rescinding board of registration
Sec. 4. (a) This section does not apply to:
(1) a county in which a board of elections and registration is established; or
(2) a county containing a consolidated city.
(b) After June 30, 2011, the county executive may adopt an order by the unanimous vote of the entire membership of the county executive to:
(1) establish a board of registration; or
(2) rescind a previously adopted order establishing a board of registration.
As added by P.L.12-1995, SEC.21. Amended by P.L.225-2011, SEC.10; P.L.170-2019, SEC.8.

IC 3-7-12-5 Effective date of order
Sec. 5. (a) Except as provided in subsection (b), an order adopted under section 4 of this chapter to establish a board of registration or rescind a previously adopted order establishing a board of registration takes effect immediately.
(b) An order adopted during the final sixty (60) days before an election becomes effective on the day following the election.
As added by P.L.12-1995, SEC.21. Amended by P.L.225-2011, SEC.11.

IC 3-7-12-5.5 Abolition of board in counties with population over 125,000; exceptions; effective date
Sec. 5.5. (a) Except as provided in subsection (b), this section applies to a county in which a board of registration was established by IC 3-7-12-3 (before its repeal).
(b) This section does not apply to any of the following:
(1) A county in which a board of elections and registration is established.
(2) A county containing a consolidated city.
(c) A county executive may adopt an order by the unanimous vote of the entire membership of the county executive to:
(1) abolish the board of registration; and
(2) designate the circuit court clerk as the voter registration officer of the county to supervise the registration of voters of the county.
(d) An order adopted under subsection (c) during the final sixty (60) days before an election becomes effective on the day following the election.
As added by P.L.225-2011, SEC.12; Amended by P.L.170-2019, SEC.9.

IC 3-7-12-6 Seal
Sec. 6. Each board of registration shall have a seal. The board shall record a description of the seal with the county election board.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-7 Duties of board of registration
Sec. 7. A board of registration established under this chapter shall supervise the registration of voters of the county.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-8 Members
Sec. 8. A board of registration consists of two (2) persons.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-9 Method of appointment
Sec. 9. The county chairmen of the major political parties of a county that has a board of registration shall each appoint one (1) member of the board. The two (2) appointed persons must be voters of the county.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-10 Length of term
Sec. 10. A person appointed a member of a board of registration serves a term of two (2) years beginning January 1 of each odd-numbered year and until the person’s successor is appointed and qualifies.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-11 Member serves at pleasure of county chairman
Sec. 11. Notwithstanding section 10 of this chapter, a member of a board of registration serves at the pleasure of the county chairman whose political party initially appointed the person.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-12 Term of incumbent registration officers
Sec. 12. In a county that establishes a board of registration under this chapter, the incumbent registration officers serve until the members of the board of registration are appointed and qualified.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-13 Oath of members
Sec. 13. Before discharging any duties under this article, a member of the board of registration must take an oath that the member will faithfully and honestly discharge the member’s duty.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-14 Filling of vacancies
Sec. 14. A vacancy on the board shall be filled in the same manner as the initial appointment was made.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-15 Salary of board member
Sec. 15. The salary of a board of registration member shall be fixed in the manner prescribed by IC 36-2-5 or IC 36-3-6 and paid out of the county general fund under IC 3-5-3-1 as other election expenses are paid.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-16 Payment of salary upon proper certification
Sec. 16. The payment of a salary under this chapter shall be made upon proper certification by the board of registration.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-17 Appointment of chief clerk
Sec. 17. In a county having a population of at least four hundred thousand (400,000), the board of registration shall appoint two (2) chief clerks who are members of different political parties.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-18 Salary of chief clerk
Sec. 18. The salary of a chief clerk appointed under section 17 of this chapter shall be:
(1) fixed in the manner prescribed by IC 36-2-5 or IC 36-3-6; and
(2) paid as provided in IC 3-5-3-1.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-19 Employees of board of registration
Sec. 19. A board of registration may employ all necessary assistants. The number of employees shall be divided equally between the major political parties of the county.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-20 Written recommendations for employees required
Sec. 20. An employee may not be appointed until the board of registration receives the written recommendation of the county chairman of the appropriate major political party of the county.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-21 Salary of employees
Sec. 21. The salary of an employee shall be:
(1) fixed in the manner prescribed by IC 36-2-5 or IC 36-3-6; and
(2) paid as provided in IC 3-5-3-1.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-22 Circuit court clerk as voter registration officer; per diem compensation
Sec. 22. In a county where the circuit court clerk serves as voter registration officer, the clerk is entitled to per diem compensation. The per diem shall be paid out of the general fund of the county in the same manner as election expenses are paid.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-23 Substation registration boards
Sec. 23. (a) A circuit court clerk or board of registration may establish substation registration boards as necessary to ensure adequate opportunity for persons to register to vote.
(b) The registration officers comprising a substation board must be equally divided between the two (2) major political parties of the county.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-24 Listing in local telephone directory
Sec. 24. The circuit court clerk or board of registration shall arrange for a separate listing in each local telephone directory, under the heading of county offices. The listing must be styled “Voter Registration” and include the appropriate addresses and telephone numbers of voter registration offices.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-25 Dispute resolution and interpretation of law by county election board
Sec. 25. If a board of registration is unable to resolve a dispute among its members, or with the circuit court clerk, and requires an interpretation or clarification of the law, the board shall refer the matter to the county election board for determination.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-26 Funds for voter list maintenance activity and mailing of notices
Sec. 26. Each county fiscal body shall appropriate an adequate amount of funds for the county voter registration office to conduct:
(1) the voter list maintenance activity under this article; and
(2) the mailing of notices required under the voter list maintenance program.
As added by P.L.12-1995, SEC.21. Amended by P.L.258-2013, SEC.21.

IC 3-7-12-27 Cancellation of registration as provided by voter list maintenance program; form and content of affidavit
Sec. 27. (a) The circuit court clerk (or in a county with a board of registration, the members of the board of registration) shall, not later than noon seventy-seven (77) days before each general, primary, or municipal election, file an affidavit under affirmation with the election division.
(b) The affidavit must be on a form prescribed by the election division and must state that the county voter registration office has:
(1) conducted the voter list maintenance program under this article; and
(2) canceled the registrations required under the voter list maintenance program.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.10; P.L.14-2004, SEC.17; P.L.258-2013, SEC.22; P.L.169-2015, SEC.16.

IC 3-7-12-28 Repealed
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.11; P.L.3-1997, SEC.54; P.L.209-2003, SEC.22. Repealed by P.L.164-2006, SEC.143.

IC 3-7-12-28.1 Repealed
As added by P.L.209-2003, SEC.23. Amended by P.L.164-2006, SEC.6; Repealed by P.L.278-2019, SEC.11.

IC 3-7-12-29 Applicability of procedures
Sec. 29. The procedures described in sections 31 through 40 of this chapter apply to all elections.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-30 Written notice of violation; copies
Sec. 30. (a) This section applies when a person aggrieved by a violation of:
(1) NVRA; or
(2) this article;
files a written notice of the violation with the circuit court clerk of the county where the violation occurred.
(b) The clerk shall promptly provide a copy of the notice by first class mail to:
(1) the person alleged to have committed the violation;
(2) the members of the county election board; and
(3) the NVRA official.
As added by P.L.12-1995, SEC.21. Amended by P.L.8-1995, SEC.32.

IC 3-7-12-31 Determination of violation
Sec. 31. The circuit court clerk shall determine whether a notice filed under section 30 of this chapter describes a violation of NVRA or this article if the facts set forth in the notice are assumed to be true. The clerk may consult with the NVRA official in making a determination under this section.
As added by P.L.12-1995, SEC.21. Amended by P.L.8-1995, SEC.33.

IC 3-7-12-32 Determination that no violation exists; persons to be notified
Sec. 32. If the circuit court clerk determines that the notice does not allege a violation of NVRA or this article, even if the facts set forth in the notice are assumed to be true, the clerk shall provide a copy of the determination by certified mail to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation;
(3) the members of the county election board; and
(4) the NVRA official.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.12.

IC 3-7-12-33 Investigation of violation by circuit court clerk
Sec. 33. If the circuit court clerk determines that the notice alleges a violation of NVRA or this article if the facts set forth in the notice are assumed to be true, the clerk shall conduct an investigation under IC 3-6-5.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-34 Report of investigation; copies
Sec. 34. Upon completing the investigation, the circuit court clerk shall issue a written report. The clerk shall provide a copy of the report by certified mail to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation;
(3) the members of the county election board; and
(4) the NVRA official.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.13.

IC 3-7-12-35 Contents of report
Sec. 35. The report described in section 34 of this chapter must:
(1) indicate the date when the notice alleging the violation was received by the circuit court clerk;
(2) contain findings of fact regarding the alleged violation of NVRA or this article and state whether a violation of NVRA or this article appears to have occurred;
(3) state what steps, if any, the person alleged to have committed the violation has taken to correct a violation or to prevent a reoccurrence of a violation;
(4) suggest any additional measures that could be taken to correct a violation;
(5) indicate the date when a violation was corrected or is expected to be corrected; and
(6) indicate the number of days remaining after the issuance of the report until the next election will be conducted:
(A) for a federal office in the jurisdiction where the violation is alleged to have occurred if the notice alleges a violation of NVRA; or
(B) for any other office or on any public question if the notice alleges a violation of this article.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1997, SEC.3.

IC 3-7-12-36 Request for hearing
Sec. 36. (a) A member of the county election board may request that the board conduct a hearing on the circuit court clerk’s report concerning an alleged violation of NVRA or this article.
(b) The member must file a written request for a hearing under subsection (a) with the clerk not later than noon, seven (7) days after the clerk’s report was mailed under section 34 of this chapter.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-37 Hearing within 30 days
Sec. 37. The chairman of the county election board shall convene the hearing as promptly as possible, but not later than thirty (30) days after the member files the request for a hearing under section 36 of this chapter.
As added by P.L.12-1995, SEC.21.

IC 3-7-12-38 Duties of county election board after hearing
Sec. 38. After concluding the hearing, the county election board shall:
(1) affirm the report;
(2) amend the report;
(3) refer the matter to the circuit court clerk for further investigation and submission of a subsequent report to the board; or
(4) refer the matter to the NVRA official.
Asadded by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.14; P.L.209-2003, SEC.24.

IC 3-7-12-39 Written summary forwarded
Sec. 39. The county election board shall forward a written summary of any action under section 38 of this chapter by certified mail to:
(1) the person who filed the notice;
(2) the person alleged to have committed the violation; and
(3) the NVRA official.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.15; P.L.2-1997, SEC.4.

IC 3-7-12-40 Right to file written notice with NVRA official
Sec. 40. (a) A person who files a written notice of violation with the circuit court clerk under section 30 of this chapter retains the right to file a written notice of alleged violation with the NVRA official.
(b) If the clerk or county election board is notified that the person has filed a notice of violation with the NVRA official prior to the conclusion of the county hearings, the clerk or county election board shall dismiss the county proceeding.
As added by P.L.12-1995, SEC.21. Amended by P.L.2-1996, SEC.16; P.L.3-1997, SEC.55.

IC 3-7-12-41 Actions of employees or volunteers at county voter registration offices
Sec. 41. As provided in 52 U.S.C. 20506(a)(5), an employee or volunteer of a county voter registration office may not do any of the following:
(1) Seek to influence an applicant’s political preference or party registration.
(2) Display any political preference or party allegiance, including pictures, photographs, or other likenesses of any currently elected federal, state, county, or local official.
(3) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote.
(4) Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision whether or not to register has any bearing on the availability of services or benefits.
As added by P.L.176-1999, SEC.20. Amended by P.L.128-2015, SEC.32.

IC 3-7-13 Chapter 13. Registration and Voting Requirements; General Provisions

IC 3-7-13-1 Persons eligible to vote
Sec. 1. A person who:
(1) will be at least eighteen (18) years of age at the next general, municipal, or special election;
(2) is a United States citizen; and
(3) resides in a precinct continuously before a general, municipal, or special election for at least thirty (30) days;
may, upon making a proper application under this article, register to vote in that precinct.
As added by P.L.12-1995, SEC.22.

IC 3-7-13-2 Eligibility to vote in primary election
Sec. 2. A person who, on the day of the next general, municipal, or special election, will meet the age and residency requirements of section 1 of this chapter may register and vote in the primary election.
As added by P.L.12-1995, SEC.22.

IC 3-7-13-3 Eligibility to vote in primary election for candidates for elected offices, precinct committeeman, or state convention delegated, or on public questions
Sec. 3. (a) This section applies to a person who:
(1) on the day of the next general, municipal, or special election, will meet the age and residency requirements of section 1 of this chapter; and
(2) does not meet the age or residency requirements on primary election day.
(b) A person described in subsection (a) may not cast a ballot:
(1) for candidates for elected offices; or
(2) on public questions;
to be voted on at the same time that the primary election is conducted.
As added by P.L.12-1995, SEC.22. Amended by P.L.66-2003, SEC.5; P.L.6-2015, SEC.1.

IC 3-7-13-4 Disfranchisement of prisoners
Sec. 4. (a) A person who is:
(1) convicted of a crime; and
(2) imprisoned following conviction;
is deprived of the right of suffrage by the general assembly pursuant to Article 2, Section 8 of the Constitution of the State of Indiana.
(b) A person described in subsection (a) is ineligible to register under this article during the period that the person is:
(1) imprisoned; or
(2) otherwise subject to lawful detention.
As added by P.L.12-1995, SEC.22.

IC 3-7-13-5 Disfranchisement of prisoners; restoration of voting rights
Sec. 5. A person described in section 4 of this chapter who is otherwise qualified to register under this article is eligible to register when the person is no longer:
(1) imprisoned; or
(2) otherwise subject to lawful detention.
Asadded by P.L.12-1995, SEC.22. Amended by P.L.195-2003, SEC.1; P.L.118-2007, SEC.1.

IC 3-7-13-6 Disfranchisement of prisoners; exceptions
Sec. 6. (a) This section applies to a person who is:
(1) otherwise qualified to register under this article; and
(2) not imprisoned or subject to lawful detention.
(b) A person described in subsection (a) who is:
(1) on probation;
(2) on parole;
(3) subject to home detention under IC 35-38-2.5; or
(4) placed in a community corrections program under IC 35-38-2.6; is eligible to register and to vote.
As added by P.L.12-1995, SEC.22.

IC 3-7-13-7 Validity of prior registration or transfer of registration
Sec. 7. A registration or transfer of registration executed in conformity with prior law remains valid until canceled under this article.
As added by P.L.12-1995, SEC.22.

IC 3-7-13-8 Persons not required to register again
Sec. 8. (a) This section applies to a voter:
(1) who is a resident of a precinct; and
(2) whose name appears on the registration record of a precinct.
(b) A person described in subsection (a) is not required to register again as long as:
(1) the voter continues to reside at the same address at which the voter is registered;
(2) the voter is not disfranchised according to law; and
(3) the voter’s registration is not canceled under this title.
As added by P.L.12-1995, SEC.22.

IC 3-7-13-9 Persons required to register or request transfer of registration
Sec. 9. During a registration period, only those voters whose names do not appear on the registration record of the precincts of a county must register or request a transfer of previous registration.
As added by P.L.12-1995, SEC.22.

IC 3-7-13-10 Term of registration period; special election
Sec. 10. (a) After a general or municipal election is conducted, the registration period resumes on the following December 1 (or the first Monday in December if December 1 falls on a Saturday or Sunday).
(b) Except as provided in IC 3-7-36 for absent uniformed services voters and overseas voters, the registration period continues through the twenty-ninth day before the date a primary election is scheduled under this title.
(c) Except as provided in IC 3-7-36 for absent uniformed services voters and overseas voters, the registration period resumes fourteen (14) days after primary election day and continues through the twenty-ninth day before the date a general or municipal election is scheduled under this article.
(d) This subsection applies in each precinct in which a special election, municipal primary election, or municipal election is to be conducted. Except as provided in IC 3-7-36 for absent uniformed services voters and overseas voters, the registration period ceases in that precinct on the twenty-ninth day before a special election, municipal primary election, or municipal election is conducted and resumes fourteen (14) days after the special election, municipal primary election, or municipal election occurs.
Asadded by P.L.12-1995, SEC.22. Amended by P.L.219-2013, SEC.7; P.L.74-2017, SEC.14.

IC 3-7-13-11 Deadline for registration or transfer of registration
Sec. 11. A person desiring to register or transfer a registration may do so at the office of the circuit court clerk or board of registration through the close of business on the twenty-ninth day before the election is scheduled to occur.
As added by P.L.12-1995, SEC.22.

IC 3-7-13-12 Registration application received at time other than registration period
Sec. 12. Except as otherwise provided in this article, if a county voter registration office receives a properly completed registration application during a time other than the registration period described in section 10 of this chapter, the county voter registration office may enter the data from the application into the computerized list and designate the application as incomplete. The county voter registration office shall ensure that:
(1) the notice required under IC 3-7-33-5 is not mailed to the applicant before the first day that the registration period reopens; and
(2) the registration information provided by the applicant does not appear on any certified list of voters or certificate of error issued under this article.
As added by P.L.12-1995, SEC.22. Amended by P.L.81-2005, SEC.1; P.L.1-2006, SEC.1; P.L.169-2015, SEC.17.

IC 3-7-13-13 Provision of voter identification numbers
Sec. 13. (a) Except as provided in subsections (b) and (c), when an individual registers to vote, the individual must provide the individual’s driver’s license number issued under IC 9-24-11, as provided under 52 U.S.C. 21083.
(b) If an individual does not have a driver’s license issued under IC 9-24-11, the individual must provide the last four (4) digits of the individual’s Social Security number when the individual registers to vote, as provided under 52 U.S.C. 21083.
(c) As required under 52 U.S.C. 21083, if an individual does not have a Social Security number, the election division shall assign the individual a number to be associated with the individual’s registration in the computerized list maintained under IC 3-7-26.3. If the individual has an identification card number issued under IC 9-24-16, the election division shall assign that number as the voter’s number under this subsection. If the individual does not have an identification card number issued under IC 9-24-16, the election division shall assign a unique identifying number to the voter’s registration record in the computerized list, as provided under 52 U.S.C. 21083.
(d) The number provided by the individual under subsection (a) or (b), or the number assigned to the individualunder subsection (c), is the individual’s voter identification number.
(e) A voter’s voter identification number may not be changed unless:
(1) the voter made an error when providing the number when registering to vote;
(2) the election division or a county voter registration office made an error when entering the number into the computerized list under IC 3-7-26.3;
(3) the voter obtains or provides a driver’s license number under IC 9-24-11 or a Social Security number after the voter was assigned a number under subsection (c); or
(4) the voter ceases to have a driver’s license number under IC 9-24-11 after the voter provided that number under subsection (a).
(f) If a voter transfers the voter’s registration and the voter’s voter identification number is not included in the voter’s registration records, the voter registration officer of the county in which the voter’s registration is to be transferred shall require the voter to provide the number required by subsection (a) or (b) before the voter’s registration is transferred. If the voter does not have either of the numbers described in subsection (a) or (b), a voter identification number shall be assigned to the voter under subsection (c).
As added by P.L.199-2001, SEC.3. Amended by P.L.126-2002, SEC.31; P.L.209-2003, SEC.25; P.L.1-2006, SEC.2 and P.L.164-2006, SEC.7; P.L.128-2015, SEC.33.

IC 3-7-14 Chapter 14. Registration Procedures at License Branches

IC 3-7-14-1 Purpose of chapter
Sec. 1. This chapter prescribes voter registration procedures in Indiana’s motor vehicle authority as provided in 52 U.S.C. 20504.
As added by P.L.12-1995, SEC.23. Amended by P.L.128-2015, SEC.34.

IC 3-7-14-2 Applicability of definitions
Sec. 2. (a) Except as provided in subsection (b), the definitions in IC 9-13-2 apply to this chapter.
(b) A reference to the “commission” in this chapter is a reference to the Indiana election commission unless otherwise stated.
As added by P.L.12-1995, SEC.23. Amended by P.L.14-2004, SEC.18.

IC 3-7-14-3 Bureau of motor vehicles commission as authority
Sec. 3. The bureau of motor vehicles commission is the state’s motor vehicle authority for purposes of NVRA.
As added by P.L.12-1995, SEC.23.

IC 3-7-14-4 Application for voter registration
Sec. 4. An application to obtain or renew a motor vehicle driver’s license, permit, or identification card serves as an application for voter registration:
(1) under this article; and
(2) as provided in 52 U.S.C. 20504(a)(1);
unless the applicant fails to sign the voter registration application.
As added by P.L.12-1995, SEC.23. Amended by P.L.128-2015, SEC.35.

IC 3-7-14-5 Voter registration application form provided with application for driver’s license
Sec. 5. As provided in 52 U.S.C. 20504(c)(1), the bureau of motor vehicles commission shall include a voter registration application form as a part of the application for a driver’s license prescribed under IC 9-24.
As added by P.L.12-1995, SEC.23. Amended by P.L.14-2004, SEC.19; P.L.128-2015, SEC.36.

IC 3-7-14-6 Design of registration form
Sec. 6. The election division shall prescribe the design of the registration form required under section 5 of this chapter.
Asaddedby P.L.12-1995, SEC.23. Amended by P.L.2-1996, SEC.17; P.L.169-2015, SEC.18.

IC 3-7-14-7 Requirements of registration form
Sec. 7. As provided in 52 U.S.C. 20504(c)(2), the registration form described in section 5 of this chapter must meet the following requirements:
(1) The form may not require information that duplicates information required in the driver’s license application part of the form, except as set forth in subdivision (3).
(2) The form may require only the minimum amount of information necessary to do the following:
(A) Prevent duplication of voter registrations.
(B) Permit the circuit court clerk or board of registration to:
(i) assess the eligibility of the applicant; and
(ii) administer the election and voter registration system.
(3) The form must include a statement that does the following:
(A) Sets forth each eligibility requirement for registration (including citizenship).
(B) Contains an attestation that the applicant meets each of the eligibility requirements.
(C) Requires the signature of the applicant, under penalty of perjury.
(4) The form must include the following, in print that is identical to the print used in the attestation part of the application:
(A) Information setting forth the penalties provided by law for submission of a false voter registration application.
(B) A statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes.
(C) A statement that if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes.
As added by P.L.12-1995, SEC.23. Amended by P.L.128-2015, SEC.37.

IC 3-7-14-8 Procedures for registration
Sec. 8. To register under this chapter, an individual must do the following while on the premises of the license branch:
(1) Complete the voter registration application under section 4 of this chapter.
(2) Present the application to an employee of the license branch.
As added by P.L.12-1995, SEC.23.

IC 3-7-14-9 Duties of employees in providing application
Sec. 9. (a) An employee of the bureau of motor vehicles commission who provides an individual with a driver’s license or identification card application shall do the following:
(1) Inform each individual who applies for a driver’s license or an identification card that the information the individual provides on the individual’s application will be used to register the individual to vote unless:
(A) the individual is not eligible to vote;
(B) the individual declines to register to vote or fails to complete the voter registration part of the application; or
(C) the individual answers “no” to either question described by IC 3-7-22-5(3) or IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register or transfer registration

with assistance in filling out the voter registration application if requested to do so by the individual.
(3) Check the completed voter registration form for legibility and completeness.
(4) Inform the individual that the individual will receive a mailing from the county voter registration office of the county where the individual resides concerning the disposition of the voter registration application.
(5) Inform each individual who submits a change of address for a driver’s license or identification card that the information serves as notice of a change of address for voter registration unless the applicant states in writing on the form that the change of address is not for voter registration purposes.
(b) The bureau of motor vehicles commission shall transmit a voter registration form to the election division for transmittal to the appropriate county voter registration office in accordance with IC 3-7-26.3.
As added by P.L.12-1995, SEC.23. Amended by P.L.9-2004, SEC.5; P.L.14-2004, SEC.20; P.L.164-2006, SEC.8.

IC 3-7-14-10 Duties of employees if applicant registering to vote after twenty-ninth day before primary, general, municipal, or special election
Sec. 10. If an individual is registering to vote after the twenty-ninth day before the date that a primary, general, municipal, or special election is scheduled in the precinct where the voter resides, the employee of the bureau of motor vehicles commission who provides an individual with a driver’s license or an identification card application shall do the following:
(1) Inform the individual that license branch registration will not permit the individual to vote in the next election.
(2) Inform the individual of other procedures the individual may follow to vote in the next election.
As added by P.L.12-1995, SEC.23. Amended by P.L.14-2004, SEC.21.

IC 3-7-14-11 Written acknowledgment of application; format
Sec. 11. Whenever an applicant completes a voter registration application under section 4 of this chapter, the bureau of motor vehicles commission shall provide the applicant with a written acknowledgment that the applicant has completed a voter registration application at a license branch. The acknowledgment:
(1) may be:
(A) a detachable part; or
(B) an electronic version;
of the registration form prescribed under section 4 of this chapter; and
(2) must set forth the name and residential address of the applicant and the date that the application was completed.
As added by P.L.12-1995, SEC.23. Amendedby P.L.14-2004, SEC.22; P.L.164-2006, SEC.9.

IC 3-7-14-12 Submission of application; application to be forwarded
Sec. 12. (a) An applicant who completes a voter registration application under section 4 of this chapter is not required to submit the application to a county voter registration office.
(b) The bureau of motor vehicles commission shall forward the voter registration part of the application to the election division for transmittal to the appropriate county voter registration office on an expedited basis in accordance with IC 3-7-26.3, IC 9-24-2.5, and 52 U.S.C. 20504(c)(2)(E).
As added by P.L.12-1995, SEC.23. Amended by P.L.3-1995, SEC.22; P.L.2-1996, SEC.18; P.L.14-2004, SEC.23; P.L.164-2006, SEC.10; P.L.128-2015, SEC.38.

IC 3-7-14-13 Confidentiality of information
Sec. 13. Voter registration information received or maintained by the bureau of motor vehicles commission under this chapter is confidential and may be used only for voter registration purposes as provided in this article, 52 U.S.C. 20504(b), and 52 U.S.C. 20507(a)(6).
As added by P.L.12-1995, SEC.23. Amended by P.L.14-2004, SEC.24; P.L.128-2015, SEC.39.

IC 3-7-14-14 Updating voter registration record
Sec. 14. Except as provided in section 15 of this chapter, an application under section 4 of this chapter authorizes a county voter registration office to update the voter registration record of the applicant:
(1) under 52 U.S.C. 20504(a)(2) unless the applicant fails to sign the voter registration application; or
(2) in a manner authorized under IC 3-7-26.3.
As added by P.L.12-1995, SEC.23. Amended by P.L.14-2004, SEC.25; P.L.164-2006, SEC.11; P.L.128-2015, SEC.40.

IC 3-7-14-15 Updating voter registration record; exceptions
Sec. 15. As provided in 52 U.S.C. 20504(d), a circuit court clerk or board of registration may update the address in the voter registration of an applicant, unless the applicant indicates on an application to obtain or renew a motor vehicle driver’s license (or any other change of address form submitted to the clerk or board by the bureau of motor vehicles commission) that the change of address of the applicant is not for voter registration purposes.
As added by P.L.12-1995, SEC.23. Amended by P.L.14-2004, SEC.26; P.L.128-2015, SEC.41.

IC 3-7-14-16 Notification to applicant of disposition
Sec. 16. The circuit court clerk or board of registration shall, upon receiving a completed application under section 12 of this chapter, notify the applicant of the disposition of the application in the manner prescribed under IC 3-7-33 and as required under 52 U.S.C. 20507(a)(2).
As added by P.L.12-1995, SEC.23. Amended by P.L.128-2015, SEC.42.

IC 3-7-14-17 Prohibited acts
Sec. 17. As provided in 52 U.S.C. 20506(a)(5), an employee or a volunteer of the office shall not do any of the following:
(1) Seek to influence an applicant’s political preference or party registration.
(2) Display any political preference or party allegiance, including any pictures, photographs, or other likenesses of any currently elected federal, state, county, or local official.
(3) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote.
(4) Make any statement to an applicant or take any action whose purpose or effect is to lead the applicant to believe that a decision whether or not to register has any bearing on the availability of services or benefits.
As added by P.L.12-1995, SEC.23. Amended by P.L.128-2015, SEC.43.

IC 3-7-15 Chapter 15. Registration Procedures at Public Assistance Agencies

IC 3-7-15-1 Purpose of chapter
Sec. 1. This chapter prescribes voter registration procedures in public assistance agencies as provided in 52 U.S.C. 20506(a)(2)(A).
As added by P.L.12-1995, SEC.24. Amended by P.L.128-2015, SEC.44.

IC 3-7-15-2 Offices providing public assistance for purposes of NVRA
Sec. 2. The general assembly finds that the following offices in Indiana provide public assistance within the scope of NVRA:
(1) Each county office established under IC 12-19-1-1 that administers:
(A) the Temporary Assistance for Needy Families program (TANF) under IC 12-14; or
(B) the Medicaid program under IC 12-15.
(2) Each office of the division of family resources that administers the food stamp program under federal law.
(3) Each office of the state department of health that administers the Special Supplemental Nutrition Program for the Women, Infants and Children Program (WIC) under IC 16-35-1.5.
As added by P.L.12-1995, SEC.24. Amended by P.L.3-1995, SEC.23; P.L.145-2006, SEC.1; P.L.161-2007, SEC.1; P.L.146-2008, SEC.1; P.L.44-2009, SEC.1.

IC 3-7-15-3 Duty to distribute registration form
Sec. 3. As provided in 52 U.S.C. 20506(a)(4)(A)(i) and 52 U.S.C. 20506(a)(6)(A), an
office listed in section 2 of this chapter shall distribute a voter registration form prescribed under section 4 of this chapter to each applicant for public assistance whenever the applicant:
(1) applies for service or assistance;
(2) applies for recertification or renewal of services or assistance; or
(3) submits a change of address form relating to the service or assistance; unless the applicant declines in writing to register to vote.
As added by P.L.12-1995, SEC.24. Amended by P.L.128-2015, SEC.45.

IC 3-7-15-4 Design of registration form
Sec. 4. The election division shall prescribe the design of the registration form for each office listed in section 2 of this chapter.
As added by P.L.12-1995, SEC.24. Amendedby P.L.3-1997, SEC.56; P.L.169-2015, SEC.19.

IC 3-7-15-5 Requirements of registration form
Sec. 5. The registration form prescribed under section 4 of this chapter must meet the following requirements:
(1) The form must be equivalent to the mail registration form prescribed by the election division under IC 3-7-31 and in compliance with 52 U.S.C. 20506(a)(6)(A)(ii).
(2) The form must include a statement that does the following:
(A) Sets forth each eligibility requirement for registration (including citizenship).
(B) Contains an attestation that the applicant meets each of the eligibility requirements.
(C) Requires the signature of the applicant, under penalty of perjury, and the date the form was signed.
(3) The form must include the following as provided in 52 U.S.C. 20506(a)(6)(B):
(A) A question reading “If you are not registered to vote where you live now, would you like to apply to register to vote here today?”.
(B) A statement reading “Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.”.
(C) Boxes for the applicant to check to indicate whether the applicant would like to register or declines to register to vote.
(D) A statement in close proximity to the boxes and in prominent type: “IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.”.
(E) A statement reading “If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private.”.
(F) A statement reading “If you believe that someone has interfered with your right to register or to decline to register to vote, or your right to choose your political party or other political preference, you may file a complaint with (insert the title, address, and telephone number of the NVRA official). If you want you may first try to solve the problem by filing a complaint with the county voter registration office of the county where the violation occurred.”.
As added by P.L.12-1995, SEC.24. Amended by P.L.3-1997, SEC.57; P.L.128-2015, SEC.46; P.L.169-2015, SEC.20.

IC 3-7-15-6 Contents of declination form
Sec. 6. If the form used by an applicant to decline to register to vote is on a separate form from the voter registration application, the declination form must contain the following:
(1) A statement reading “If you decline to register to vote, this is confidential, and can only be used for voter registration purposes.”.
(2) A statement reading “If you decide to register to vote, information about the office at which you register is confidential, and can only be used for voter registration purposes.”.
(3) A line for the signature of the person who declines to register to vote.
(4) A line for the date that the person declined to register to vote.
As added by P.L.12-1995, SEC.24.

IC 3-7-15-7 Declination to register
Sec. 7. An applicant who fails to check either box described in section 5(3) of this chapter or to sign a separate declination form under section 6 of this chapter shall be considered to have declined to register.
As added by P.L.12-1995, SEC.24.

IC 3-7-15-8 Procedures for registration
Sec. 8. To register under this chapter, an individual must do the following while on the premises of the office:
(1) Complete the voter registration application prescribed under section 4 of this chapter.
(2) Present the application to an employee of the office.
As added by P.L.12-1995, SEC.24.

IC 3-7-15-9 Duties of employees in providing application
Sec. 9. An employee of the office who provides an individual with an application for assistance or services under section 3 of this chapter shall do the following:
(1) Inform each individual who applies for assistance or services that the information the individual provides on the individual’s voter registration application will be used to register the individual to vote unless:
(A) the individual is not eligible to vote; or
(B) the individual:
(i) declines to register to vote;
(ii) fails to complete the voter registration part of the application; or
(iii) answers “no” to either question described by IC 3-7-22-5(3) or IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register or transfer registration with assistance in filling out the voter registration application unless the individual refuses assistance, as provided in 52 U.S.C. 20506(a)(4)(ii).
(3) Check the completed voter registration form for legibility and completeness.
(4) Deliver the completed registration form to the office administrator (or the employee designated by the administrator to be responsible for voter registration services) for transmittal to the appropriate county voter registration office.
(5) Inform the individual that the individual will receive a mailing from the county voter registration office of the county where the individual resides concerning the disposition of the voter registration application.
As added by P.L.12-1995, SEC.24. Amended by P.L.9-2004, SEC.6; P.L.128-2015, SEC.47.

IC 3-7-15-10 Duties of employees if applicant registering to vote after twenty-ninth day before primary, general, municipal, or special election
Sec. 10. If an individual is registering to vote after the twenty-ninth day before the date that a primary, general, municipal, or special election is scheduled in the precinct where the voter resides, the employee of the office who provides an individual with an application for assistance or services under section 3 of this chapter shall do the following:
(1) Inform the individual that office registration will not permit the individual to vote in the next election.
(2) Inform the individual of other procedures the individual may follow to vote in the next election.
As added by P.L.12-1995, SEC.24.

IC 3-7-15-11 Prohibited acts
Sec. 11. As provided in 52 U.S.C. 20506(a)(5), an employee of the office shall not do any of the following:
(1) Seek to influence an applicant’s political preference or party registration.
(2) Display any political preference or party allegiance, including any pictures, photographs, or other likenesses of any currently elected federal, state, county, or local official.
(3) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote.

(4) Make any statement to an applicant or take any action whose purpose or effect is to lead the applicant to believe that a decision whether or not to register has any bearing on the availability of services or benefits.
As added by P.L.12-1995, SEC.24. Amended by P.L.128-2015, SEC.48.

IC 3-7-15-12 Assistance in completing registration form required
Sec. 12. As provided in 52 U.S.C. 20506(a)(4)(A)(ii) and 52 U.S.C. 20506(a)(6)(C), an office described in section 2 of this chapter must offer the same degree of assistance in helping an applicant complete a voter registration form as the applicant receives from the agencyin completing forms for assistance or services, unless the individual refuses assistance in completing the voter registration form.
As added by P.L.12-1995, SEC.24. Amended by P.L.128-2015, SEC.49.

IC 3-7-15-13 Written acknowledgment of application; format
Sec. 13. Whenever an applicant completes a voter registration application under this chapter, the office shall provide the applicant with a written acknowledgment that the applicant has completed a voter registration application at the office. The acknowledgment:
(1) may be a detachable part of the registration form prescribed under section 4 of this chapter; and
(2) must set forth the name and residential address of the applicant and the date that the application was completed.
As added by P.L.12-1995, SEC.24.

IC 3-7-15-14 Submission of application not required
Sec. 14. An applicant who completes a voter registration application under section 4 of this chapter is not required to submit the application to a circuit court clerk or board of registration member.
As added by P.L.12-1995, SEC.24. Amended by P.L.2-1996, SEC.19.

IC 3-7-15-15 Confidentiality of information
Sec. 15. Voter registration information received or maintained by an office under this chapter is confidential and may be used only for voter registration purposes as provided in this article and 52 U.S.C. 20506(a)(7).
As added by P.L.12-1995, SEC.24. Amended by P.L.128-2015, SEC.50.

IC 3-7-15-16 Duty of office to forward registration application
Sec. 16. Unless the applicant refuses to permit the office to transmit the form to the circuit court clerk or board of registration of the county where the applicant resides, the office shall forward the voter registration application to the clerk or board not later than five (5) days after the date of acceptance and as provided in 52 U.S.C. 20506(a)(4)(iii) and:
(1) IC 12-14-1.5;
(2) IC 12-14-25;
(3) IC 12-15-1.5; or
(4) IC 16-35-1.6.
Asaddedby P.L.12-1995, SEC.24. Amended by P.L.3-1995, SEC.24; P.L.128-2015, SEC.51.

IC 3-7-15-17 Updating voter registration record
Sec. 17. A signed application under section 4 of this chapter authorizes a circuit court clerk or board of registration to update the voter registration record of the applicant.
As added by P.L.12-1995, SEC.24.

IC 3-7-15-18 Notification to applicant of disposition
Sec. 18. The circuit court clerk or board of registration shall, upon receiving a completed application under section 16 of this chapter, notify the applicant of the disposition of the application in the manner prescribed under IC 3-7-33 and as required under 52 U.S.C. 20507(a)(2).
As added by P.L.12-1995, SEC.24. Amended by P.L.128-2015, SEC.52.

IC 3-7-16 Chapter 16. Registration at Agencies Serving Persons With Disabilities

IC 3-7-16-1 Purpose of chapter
Sec. 1. This chapter prescribes voter registration procedures in agencies providing state funded programs primarily engaged in serving persons with disabilities as provided in 52 U.S.C. 20506(a)(2)(B).
As added by P.L.12-1995, SEC.25. Amended by P.L.128-2015, SEC.53.

IC 3-7-16-2 Legislative findings
Sec. 2. The general assembly finds the following:
(1) Persons with a disability will desire and should have the full opportunity to register to vote by using any registration method set forth in this article, and not merely through the agencies described in section 1 of this chapter.
(2) The offices and individuals serving persons with a disability under this article should strive to develop and provide registration forms and services that are accessible to persons with disabilities.
(3) The agencies described in section 1 of this chapter are generally decentralized, and as a result:
(A) are more likely to be frequently restructured; and
(B) require significant assistance in providing training for employees or volunteers to offer voter registration services under this article.
As added by P.L.12-1995, SEC.25. Amended by P.L.99-2007, SEC.6.

IC 3-7-16-2.5 Designation of agencies required to provide voter registration services; NVRA official
Sec. 2.5. The NVRA official shall designate the agencies required to provide voter registration services under this chapter after determining the extent to which:
(1) an agency’s programs are funded by the state; and
(2) the agency is primarily engaged in serving persons with disabilities.
As added by P.L.258-2013, SEC.23.

IC 3-7-16-3 Repealed
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.20. Repealed by P.L.258-2013, SEC.24.

IC 3-7-16-4 Repealed
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.21. Repealed by P.L.258-2013, SEC.25.

IC 3-7-16-5 Repealed
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.22. Repealed by P.L.258-2013, SEC.26.

IC 3-7-16-6 Repealed
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.23. Repealed by P.L.258-2013, SEC.27.

IC 3-7-16-7 Repealed
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.24. Repealed by P.L.258-2013, SEC.28.

IC 3-7-16-8 Repealed
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.25. Repealed by P.L.258-2013, SEC.29.

IC 3-7-16-9 Distribution of voter registration forms
Sec. 9. As provided in 52 U.S.C. 20506(a)(4)(A)(i) and 52 U.S.C. 20506(a)(6)(A), an agency designated under this chapter shall distribute a voter registration form prescribed under this chapter to each person applying for assistance from the agency whenever the applicant:
(1) applies for service or assistance;
(2) applies for recertification or renewal of services or assistance; or
(3) submits a change of address form relating to the service or assistance; unless the applicant declines in writing to register to vote.
As added by P.L.12-1995, SEC.25. Amended by P.L.128-2015, SEC.54.

IC 3-7-16-10 Voter registration services at applicant’s home
Sec. 10. As provided in 52 U.S.C. 20506(a)(4)(B), an agency designated under this chapter that provides services to a person with a disability at the person’s home shall provide voter registration services under this chapter at the person’s home.
As added by P.L.12-1995, SEC.25. Amended by P.L.128-2015, SEC.55.

IC 3-7-16-11 Design of registration form
Sec. 11. The election division shall prescribe the design of the registration form to be used under this chapter.
Asaddedby P.L.12-1995, SEC.25. Amended by P.L.3-1997, SEC.58; P.L.169-2015, SEC.21.

IC 3-7-16-12 Requirements for registration form
Sec. 12. The registration form prescribed under section 11 of this chapter must meet the following requirements:
(1) The form must be equivalent to the mail registration form prescribed by the election division under IC 3-7-31 and in compliance with 52 U.S.C. 20506(a)(6)(A)(ii).
(2) The form must include a statement that does the following:
(A) Sets forth each eligibility requirement for registration (including citizenship).
(B) Contains an attestation that the applicant meets each of the eligibility requirements.
(C) Requires the signature of the applicant, under penalty of perjury, and the date the form was signed.
(3) The form must include the following as provided in 52 U.S.C. 20506(a)(6)(B):
(A) A question reading “If you are not registered to vote where you live now, would you like to apply to register to vote here today?”.
(B) A statement reading “Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.”.
(C) Boxes for the applicant to check to indicate whether the applicant would like to register or declines to register to vote.
(D) A statement in close proximity to the boxes and in prominent type: “IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.”.
(E) A statement reading “If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private.”.
(F) A statement reading “If you believe that someone has interfered with your right to register or to decline to register to vote, or your right to choose your political party or other political preference, you may file a complaint with (insert the title, address, and telephone number of the NVRA official). If you want you may first try to solve the problem by filing a complaint with the county voter registration office of the county where the violation occurred.”.
(4) The form must be designed to make voter registration as accessible as possible for persons with disabilities.
As added by P.L.12-1995, SEC.25. Amended by P.L.3-1997, SEC.59; P.L.128-2015, SEC.56; P.L.169-2015, SEC.22.

IC 3-7-16-13 Contents of declination form
Sec. 13. If the form used by an applicant to decline to register to vote is on a separate form from the voter registration application, the declination form must contain the following:
(1) A statement reading “If you decline to register to vote, this is confidential, and can only be used for voter registration purposes.”.
(2) A statement reading “If you decide to register to vote, information about the office at which you register is confidential, and can only be used for voter registration purposes.”.
(3) A line for the signature of the person who declines to register to vote.
(4) A line for the date that the person declined to register to vote.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-14 Declination to register
Sec. 14. An applicant who fails to check either box described in section 12(3) of this chapter or to sign a separate declination form under section 13 of this chapter shall be considered to have declined to register.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-15 Procedures for registration
Sec. 15. (a) This section does not apply to voter registration required under section 10 of this chapter.
(b) To register under this chapter, an individual must do the following while on the premises of the office:
(1) Complete the voter registration application prescribed under section 11 of this chapter.
(2) Present the application to an employee of the office.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-16 Duties of employees in providing application
Sec. 16. An employee or a volunteer of the office who provides an individual with an application for assistance or services under this chapter shall do the following:
(1) Inform each individual who applies for assistance or services that the information the individual provides on the individual’s voter registration application will be used to register the individual to vote unless:
(A) the individual is not eligible to vote;
(B) the individual declines to register to vote or fails to complete the voter registration part of the application; or
(C) answers “no” to either question described by IC 3-7-22-5(3) or IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register or transfer registration with assistance in filling out the voter registration application unless the individual refuses assistance, as provided in 52 U.S.C. 20506(a)(4)(ii).
(3) Check the completed voter registration form for legibility and completeness.
(4) Deliver the completed registration form to the office administrator (or the employee designated by the administrator to be responsible for voter registration services) for transmittal to the appropriate county voter registration office.
(5) Inform the individual that the individual will receive a mailing from the county voter registration office of the county where the individual resides concerning the disposition of the voter registration application.
As added by P.L.12-1995, SEC.25. Amended by P.L.9-2004, SEC.7; P.L.128-2015, SEC.57.

IC 3-7-16-17 Duties of employees if applicant registering to vote after twenty-ninth day before primary, general, municipal, or special election
Sec. 17. If an individual is registering to vote after the twenty-ninth day before the date that a primary, general, municipal, or special election is scheduled in the precinct where the voter resides, the employee or a volunteer of the office who provides an individual with an application for assistance or services under this chapter shall do the following:
(1) Inform the individual that office registration will not permit the individual to vote in the next election.
(2) Inform the individual of other procedures the individual may follow to vote in the next election.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-18 Prohibited acts
Sec. 18. As provided in 52 U.S.C. 20506(a)(5), an employee or a volunteer of the office shall not do any of the following:

(1) Seek to influence an applicant’s political preference or party registration.
(2) Display any political preference or party allegiance, including any pictures, photographs, or other likenesses of any currently elected federal, state, county, or local official.
(3) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote.
(4) Make any statement to an applicant or take any action whose purpose or effect is to lead the applicant to believe that a decision whether or not to register has any bearing on the availability of services or benefits.
As added by P.L.12-1995, SEC.25. Amended by P.L.128-2015, SEC.58.

IC 3-7-16-19 Assistance in completing registration form required
Sec. 19. As provided in 52 U.S.C. 20506(a)(4)(A)(ii) and 52 U.S.C. 20506(a)(6)(C), an office designated under this chapter must offer the same degree of assistance in helping an applicant complete a voter registration form as the applicant receives from the agency in completing forms for assistance or services, unless the individual refuses assistance in completing the voter registration form.
As added by P.L.12-1995, SEC.25. Amended by P.L.128-2015, SEC.59.

IC 3-7-16-20 Written acknowledgment of application; format
Sec. 20. Whenever an applicant completes a voter registration application under this chapter, the office shall provide the applicant with a written acknowledgment that the applicant has completed a voter registration application at the office. The acknowledgment:
(1) may be a detachable part of the registration form prescribed under section 11 of this chapter; and
(2) must set forth the name and residential address of the applicant and the date that the application was completed.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-21 Applicant not required to submit application to circuit court clerk or board of registration member
Sec. 21. An applicant who completes a voter registration application under this chapter is not required to submit the application to a circuit court clerk or board of registration member.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.26.

IC 3-7-16-22 Confidentiality; use of information
Sec. 22. Voter registration information received or maintained by an office under this chapter is confidential and may be used only for voter registration purposes as provided in this article and 52 U.S.C. 20506(a)(7).
As added by P.L.12-1995, SEC.25. Amended by P.L.128-2015, SEC.60.

IC 3-7-16-23 Forwarding of application or declination; exception
Sec. 23. Unless the applicant refuses to permit the office to transmit the form to the circuit court clerk or board of registration of the county where the applicant resides, the office shall forward the voter registration application or declination to the clerk or board not later than five (5) days after the date of acceptance and as provided in 52 U.S.C. 20506(a)(4)(iii).
As added by P.L.12-1995, SEC.25. Amendedby P.L.3-1995, SEC.25; P.L.128-2015, SEC.61.

IC 3-7-16-24 Updating voter registration record
Sec. 24. A signed application under section 11 of this chapter authorizes a circuit court clerk or board of registration to update the voter registration record of the applicant.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-25 Notification to applicant of disposition
Sec. 25. The circuit court clerk or board of registration shall, upon receiving a completed application under section 23 of this chapter, notify the applicant of the disposition of the application in the manner prescribed under IC 3-7-33, and as required under 52 U.S.C. 20507(a)(2).
As added by P.L.12-1995, SEC.25. Amended by P.L.128-2015, SEC.62.

IC 3-7-16-26 Designated individual responsible for registration duties
Sec. 26. The governing body of an agency designated under this chapter shall designate an individual to be responsible for performing the voter registration duties of the agency in each office of the agency where services are provided.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-27 Transmittal of voter registration application or declination form; guidelines; exceptions
Sec. 27. (a) This section does not apply to a voter registration application or declination to register accepted at an agency office during the final five (5) days before the end of a registration period under IC 3-7-13.
(b) As required under 52 U.S.C. 20506(d)(1), the designated individual shall transmit a copy of a completed voter registration application:
(1) to the circuit court clerk or board of registration of the county in which the applicant’s residential address (as indicated on the application) is located; and
(2) not later than ten (10) days after the application is accepted at the office.
(c) The designated individual shall transmit a copy of the voter registration application (or a separate declination form) on which the applicant declined to register to vote by specifically declining to register or by failing to complete the voter registration portion of the application.
(d) The declination must be transmitted:
(1) to the circuit court clerk or board of registration of the county in which the applicant’s residential address (as indicated on the application) is located; and
(2) not later than ten (10) days after the application is accepted at the office.
As added by P.L.12-1995, SEC.25. Amended by P.L.128-2015, SEC.63.

IC 3-7-16-28 Transmittal of voter registration application or declination form accepted during final five days before end of registration period
Sec. 28. (a) This section applies to a voter registration application or declination to register accepted at an agency office during the final five (5) days before the end of a registration period under IC 3-7-13.
(b) As required under 52 U.S.C. 20506(d)(1), the designated individual shall transmit a copy of the completed voter registration application:
(1) to the circuit court clerk or board of registration of the county in which the applicant’s residential address (as indicated on the application) is located; and
(2) not later than five (5) days after the application is accepted by the office.
(c) The designated individual shall transmit a copy of the voter registration application (or a separate declination form) on which the applicant declined to register to vote by specifically declining to register or by failing to complete the voter registration portion of the application.
(d) The declination must be transmitted:
(1) to the circuit court clerk or board of registration of the county in which the applicant’s residential address (as indicated on the application) is located; and
(2) not later than five (5) days after the application is accepted at the office.
As added by P.L.12-1995, SEC.25. Amended by P.L.128-2015, SEC.64.

IC 3-7-16-29 Methods of transmittal of voter registration applications or declinations
Sec. 29. A designated individual may use any of the following methods to transmit voter registration applications or declinations under section 27 or 28 of this chapter:
(1) Hand delivery to the circuit court clerk or board of registration.
(2) Delivery by the United States Postal Service, using first class mail.
(3) Electronic transfer, after approval by the commission.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1997, SEC.5; P.L.3-1997, SEC.60; P.L.76-2014, SEC.5.

IC 3-7-16-30 Hand delivery; guidelines
Sec. 30. If a designated individual transmits registration applications or declinations by hand delivery under section 29(1) of this chapter, the circuit court clerk or board of registration shall provide the individual with a receipt for the forms. The receipt must state the date and time of delivery, and the printed name and signature of the person who received the forms.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-31 County address and telephone numbers to be provided
Sec. 31. (a) The NVRA official shall provide the governing body of an agency designated under this chapter with a list of the current addresses and telephone numbers of the offices of the circuit court clerk or board of registration in each county. The governing body shall promptly forward the list (and each revision of the list) to each agency office where services are provided.
(b) The NVRA official shall provide the governing body with pre-addressed packets for agency offices to transmit applications under section 29(1) or 29(2) of this chapter.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.27.

IC 3-7-16-32 Voter registration information to be confidential
Sec. 32. Voter registration information received or maintained under this chapter is confidential.
As added by P.L.12-1995, SEC.25.

IC 3-7-16-33 Notice; elections
Sec. 33. The NVRA official shall notify the governing body of the agency of the following:
(1) The scheduled date of each primary, general, municipal, and special election.
(2) The jurisdiction in which the election will be held.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.28.

IC 3-7-16-34 Agency addresses and telephone numbers to be provided
Sec. 34. The governing body of an agency designated under this chapter shall provide the NVRA official with a list stating the following:
(1) The address and telephone number of each agency office where voter registration services will be provided under this article.
(2) The name of each individual designated by the governing body to be responsible for performing voter registration duties under this chapter.
As added by P.L.12-1995, SEC.25. Amended by P.L.2-1996, SEC.29.

IC 3-7-17 Chapter 17. Registration at Armed Forces Recruitment Offices

IC 3-7-17-1 Purpose of chapter
Sec. 1. This chapter prescribes voter registration procedures in armed forces recruitment offices as provided in 52 U.S.C. 20506(c).
As added by P.L.12-1995, SEC.26. Amended by P.L.128-2015, SEC.65.

IC 3-7-17-2 Recruitment office as voter registration office
Sec. 2. As required under 52 U.S.C. 20506(c)(2), a recruitment office of the armed forces of the United States located within Indiana is a voter registration agency under this article. As added by P.L.12-1995, SEC.26. Amended by P.L.128-2015, SEC.66.

IC 3-7-17-3 Development of registration procedures
Sec. 3. The NVRA official shall act on behalf of the state to work with the United States Secretary of Defense to develop and implement procedures for persons to apply to register to vote at recruitment offices of the armed forces of the United States.
As added by P.L.12-1995, SEC.26. Amended by P.L.2-1996, SEC.30.

IC 3-7-17-4 List of recruitment offices
Sec. 4. The NVRA official shall maintain a list of the addresses and telephone numbers of recruitment offices within Indiana where voter registration is required under this chapter. As added by P.L.12-1995, SEC.26. Amended by P.L.2-1996, SEC.31.

IC 3-7-17-5 Prescription of forms and procedures to implement chapter
Sec. 5. (a) The NVRA official may act under section 3 of this chapter to prescribe forms and procedures to implement this chapter.
(b) The election division may prescribe forms to implement this chapter.
As added by P.L.12-1995, SEC.26. Amendedby P.L.3-1997, SEC.61; P.L.169-2015, SEC.23.

IC 3-7-18 Chapter 18. Registration in Additional Offices; General Provisions

IC 3-7-18-1 Purpose of chapter
Sec. 1. This chapter prescribes voter registration procedures in additional federal, state, and local government and nongovernmental offices as provided in 52 U.S.C. 20506(a)(3). As added by P.L.12-1995, SEC.27. Amended by P.L.128-2015, SEC.67.

IC 3-7-18-2 Duties of additional agencies in distributing voter registration forms
Sec. 2. (a) Except as provided in subsection (b) and as provided in 52 U.S.C. 20506(a)(4)(A)(i) and 52 U.S.C. 20506(a)(6)(A), an agency designated under IC 3-7-19 (board of registration offices), IC 3-7-20.5 (unemployment compensation offices and law enforcement offices), and IC 3-7-21 (additional designated voter registration offices) shall distribute a voter registration form prescribed under this chapter to each person applying for assistance from the agency whenever the applicant:
(1) applies for service or assistance;
(2) applies for recertification or renewal of services or assistance; or
(3) submits a change of address form relating to the service or assistance;

unless the applicant declines in writing to register to vote.
(b) A law enforcement agency is not required to distribute the voter registration form described under subsection (a) unless a person is applying for a license to carry a handgun under IC 35-47-2-3.
As added by P.L.12-1995, SEC.27. Amended by P.L.3-1995, SEC.26; P.L.81-2005, SEC.2; P.L.128-2015, SEC.68; P.L.107-2019, SEC.1.

IC 3-7-18-3 Design of registration form
Sec. 3. The election division shall prescribe the design of the registration form to be used under this chapter.
Asaddedby P.L.12-1995, SEC.27. Amended by P.L.3-1997, SEC.62; P.L.169-2015, SEC.24.

IC 3-7-18-4 Requirements for registration form
Sec. 4. The registration form prescribed under section 3 of this chapter must meet the

following requirements:
(1) The form must be equivalent to the mail registration form prescribed by the election division under IC 3-7-31 and in compliance with 52 U.S.C. 20506(a)(6)(A)(ii).
(2) The form must include a statement that does the following:
(A) Sets forth each eligibility requirement for registration (including citizenship).
(B) Contains an attestation that the applicant meets each of the eligibility requirements.
(C) Requires the signature of the applicant, under penalty of perjury, and the date the form was signed.
(3) The form must include the following as provided in 52 U.S.C. 20506(a)(6)(B):
(A) A question reading “If you are not registered to vote where you live now, would you like to apply to register to vote here today?”.
(B) A statement reading “Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.”.
(C) Boxes for the applicant to check to indicate whether the applicant would like to register or declines to register to vote.
(D) A statement in close proximity to the boxes and in prominent type: “IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.”.
(E) A statement reading “If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private.”.
(F) A statement reading “If you believe that someone has interfered with your right to register or to decline to register to vote, or your right to choose your political party or other political preference, you may file a complaint with (insert the title, address, and telephone number of the NVRA official). If you want you may first try to solve the problem by filing a complaint with the county voter registration office of the county where the violation occurred.”.
As added by P.L.12-1995, SEC.27. Amended by P.L.3-1997, SEC.63; P.L.128-2015, SEC.69; P.L.169-2015, SEC.25.

IC 3-7-18-5 Contents of declination form
Sec. 5. If the form used by an applicant to decline to register to vote is on a separate form from the voter registration application, the declination form must contain the following:
(1) A statement reading “If you decline to register to vote, this is confidential, and can only be used for voter registration purposes.”.
(2) A statement reading “If you decide to register to vote, information about the office at which you register is confidential, and can only be used for voter registration purposes.”.
(3) A line for the signature of the person who declines to register to vote.
(4) A line for the date that the person declined to register to vote.
As added by P.L.12-1995, SEC.27.

IC 3-7-18-6 Declination to register
Sec. 6. An applicant who fails to check either box described in section 4(3) of this chapter or to sign a separate declination form under section 5 of this chapter shall be considered to have declined to register.
As added by P.L.12-1995, SEC.27.

IC 3-7-18-7 Procedures for registration
Sec. 7. To register under this chapter, an individual must do the following while on the premises of the office:
(1) Complete the voter registration application prescribed under section 3 of this chapter.
(2) Present the application to an employee of the office.
As added by P.L.12-1995, SEC.27.

IC 3-7-18-8 Duties of employees in providing application
Sec. 8. An employee of the office who provides an individual with an application for assistance or services under this chapter shall do the following:
(1) Inform each individual who applies for assistance or services that the information the individual provides on the individual’s voter registration application will be used to register the individual to vote unless:
(A) the individual is not eligible to vote;
(B) the individual declines to register to vote or fails to complete the voter registration part of the application; or
(C) answers “no” to either question described by IC 3-7-22-5(3) or IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register or transfer registration with assistance in filling out the voter registration application unless the individual refuses assistance, as provided in 52 U.S.C. 20506(a)(4)(A)(ii).
(3) Check the completed voter registration form for legibility and completeness.
(4) Deliver the completed registration form to the office administrator (or the employee designated by the administrator to be responsible for voter registration services) for transmittal to the appropriate county voter registration office.
(5) Inform the individual that the individual will receive a mailing from the county voter registration office of the county where the individual resides concerning the disposition of the voter registration application.
As added by P.L.12-1995, SEC.27. Amended by P.L.2-1998, SEC.4; P.L.9-2004, SEC.8; P.L.128-2015, SEC.70.

IC 3-7-18-9 Duties of employees if applicant registering to vote after twenty-ninth day before primary, general, municipal, or special election
Sec. 9. If an individual is registering to vote after the twenty-ninth day before the date that a primary, general, municipal, or special election is scheduled in the precinct where the voter resides, the employee or volunteer of the office who provides an individual with an application for assistance or services under this chapter shall do the following:
(1) Inform the individual that office registration will not permit the individual to vote in the next election.
(2) Inform the individual of other procedures the individual may follow to vote in the next election.
As added by P.L.12-1995, SEC.27.

IC 3-7-18-10 Prohibited acts
Sec. 10. As provided in 52 U.S.C. 20506(a)(5), an employee or a volunteer of the office shall not do any of the following:
(1) Seek to influence an applicant’s political preference or party registration.
(2) Display any political preference or party allegiance, including any pictures, photographs, or other likenesses of any currently elected federal, state, county, or local official.
(3) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote.
(4) Make any statement to an applicant or take any action whose purpose or effect is to lead the applicant to believe that a decision whether or not to register has any bearing on the availability of services or benefits.
As added by P.L.12-1995, SEC.27. Amended by P.L.128-2015, SEC.71.

IC 3-7-18-11 Assistance in completing registration form required
Sec. 11. As provided in 52 U.S.C. 20506(a)(4)(A)(ii) and 52 U.S.C. 20506(a)(6)(C), an office designated under this chapter must offer the same degree of assistance in helping an applicant complete a voter registration form as the applicant receives from the agency in completing forms for assistance or services, unless the individual refuses assistance in completing the voter registration form.
As added by P.L.12-1995, SEC.27. Amended by P.L.128-2015, SEC.72.

IC 3-7-18-12 Written acknowledgment of application; format
Sec. 12. Whenever an applicant completes a voter registration application under this chapter, the office shall provide the applicant with a written acknowledgment that the applicant has completed a voter registration application at the office. The acknowledgment:
(1) may be a detachable part of the registration form prescribed under section 3 of this chapter; and
(2) must set forth the name and residential address of the applicant and the date that the application was completed.
As added by P.L.12-1995, SEC.27.

IC 3-7-18-13 Submission of application to deputy registrar, circuit court clerk, or board of registration member not required
Sec. 13. An applicant who completes a voter registration application under this chapter is not required to submit the application to a circuit court clerk or board of registration member.
As added by P.L.12-1995, SEC.27. Amended by P.L.2-1996, SEC.32.

IC 3-7-18-14 Confidentiality of information
Sec. 14. Voter registration information received or maintained by an office under this chapter is confidential and may be used only for voter registration purposes as provided in this article and 52 U.S.C. 20506(a)(7).
As added by P.L.12-1995, SEC.27. Amended by P.L.128-2015, SEC.73.

IC 3-7-18-15 Duty of office to forward registration application
Sec. 15. Unless the applicant refuses to permit the office to transmit the form to the circuit court clerk or board of registration of the county where the applicant resides, the office shall forward the voter registration application or declination to the clerk or board as provided in 52 U.S.C. 20506(a)(4)(A)(iii).
As added by P.L.12-1995, SEC.27. Amended by P.L.2-1997, SEC.6; P.L.128-2015, SEC.74.

IC 3-7-18-16 Updating voter registration record
Sec. 16. A signed application under this chapter authorizes a circuit court clerk or board of registration to update the voter registration record of the applicant.
As added by P.L.12-1995, SEC.27.

IC 3-7-18-17 Notification to applicant of disposition
Sec. 17. The circuit court clerk or board of registration shall, upon receiving a completed application under section 15 of this chapter, notify the applicant of the disposition of the application in the manner prescribed under IC 3-7-33, and as required under 52 U.S.C. 20507(a)(2).
As added by P.L.12-1995, SEC.27. Amended by P.L.128-2015, SEC.75.

IC 3-7-18-18 Designated individual
Sec. 18. The governing body of an agency designated under this chapter shall designate an individual to be responsible for performing the voter registration duties of the agency in each office of the agency where services are provided.
As added by P.L.12-1995, SEC.27.

IC 3-7-18-19 Transmittal of voter registration application or declination form
Sec. 19. (a) As required under 52 U.S.C. 20506(d)(1), the designated individual shall transmit a copy of a completed voter registration application:
(1) to the circuit court clerk or board of registration of the county in which the applicant’s residential address (as indicated on the application) is located; and
(2) not later than five (5) days after the application is accepted at the office.
(b) The designated individual shall transmit a copy of the voter registration application (or a separate declination form) on which the applicant declined to register to vote by specifically declining to register or by failing to complete the voter registration portion of the application.
(c) The declination must be transmitted:
(1) to the circuit court clerk or board of registration of the county in which the applicant’s residential address (as indicated on the application) is located; and
(2) not later than five (5) days after the application is accepted at the office.
As added by P.L.12-1995, SEC.27. Amended by P.L.3-1995, SEC.27; P.L.128-2015, SEC.76.

IC 3-7-18-20 Repealed
As added by P.L.12-1995, SEC.27. Repealed by P.L.3-1995, SEC.155.

IC 3-7-18-21 Methods of transmittal
Sec. 21. A designated individual may use any of the following methods to transmit voter registration applications or declinations under section 19 of this chapter:
(1) Hand delivery to the county voter registration office.
(2) Delivery by the United States Postal Service, using first class mail.
(3) Electronic transfer, after approval by the commission.
As added by P.L.12-1995, SEC.27. Amended by P.L.3-1997, SEC.64; P.L.42-2011, SEC.1; P.L.76-2014, SEC.6.

IC 3-7-18-22 Guidelines for hand delivery
Sec. 22. If a designated individual transmits registration applications or declinations by hand delivery under section 21(1) of this chapter, the circuit court clerk or board of registration shall provide the individual with a receipt for the forms. The receipt must state the date and time of delivery, and the printed name and signature of the person who received the forms.
As added by P.L.12-1995, SEC.27.

IC 3-7-18-23 County addresses and telephone numbers to be provided
Sec. 23. (a) The NVRA official shall provide the governing body of an agency designated under this chapter with a list of the current addresses and telephone numbers of the offices of the circuit court clerk or board of registration in each county. The governing body shall promptly forward the list (and each revision of the list) to each agency office where services are provided.
(b) The NVRA official shall provide the governing body with pre-addressed packets for agency offices to transmit applications under section 21(1) or 21(2) of this chapter.
As added by P.L.12-1995, SEC.27. Amended by P.L.2-1996, SEC.33.

IC 3-7-18-24 Notice; elections
Sec. 24. The NVRA official shall notify the governing body of the agency of the following:

(1) The scheduled date of each primary, general, municipal, and special election.
(2) The jurisdiction in which the election will be held.
As added by P.L.12-1995, SEC.27. Amended by P.L.2-1996, SEC.34.

IC 3-7-18-25 Agency addresses and telephone numbers to be provided
Sec. 25. The governing body of an agency designated under this chapter shall provide the NVRA official with a list stating the following:
(1) The address and telephone number of each agency office where voter registration services will be provided under this article.
(2) The name of each individual designated by the governing body to be responsible for performing voter registration duties under this chapter.
As added by P.L.12-1995, SEC.27. Amended by P.L.2-1996, SEC.35.

IC 3-7-19 Chapter 19. Registration in Board of Registration Offices

IC 3-7-19-1 Designation of voter registration office
Sec. 1. Each board of registration office that is not located in the same building as the principal office of the circuit court clerk or board of registration office is designated as a voter registration office under 52 U.S.C. 20506(a)(3).
As added by P.L.12-1995, SEC.28. Amended by P.L.128-2015, SEC.77.

IC 3-7-19-2 Accepting and processing voter registration applications
Sec. 2. Except as provided in this chapter, the board of registration office shall accept and process voter registration applications as provided in IC 3-7-18.
As added by P.L.12-1995, SEC.28.

IC 3-7-19-3 Governing board
Sec. 3. For the purposes of this chapter, the county election board is the “governing body” under IC 3-7-18.
As added by P.L.12-1995, SEC.28.

IC 3-7-19-4 Submission of application
Sec. 4. An individual who registers to vote under this chapter must submit a voter registration application to a member or an employee of the board of registration.
As added by P.L.12-1995, SEC.28.

IC 3-7-19-5 Designated individual not required
Sec. 5. The governing body is not required to designate an individual to be responsible for performing the voter registration duties of the board.
As added by P.L.12-1995, SEC.28.

IC 3-7-19-6 Actions of employees or volunteers of county voter registration office which are prohibited
Sec. 6. As provided in 52 U.S.C. 20506(a)(5), an employee or volunteer of a county voter registration office may not do any of the following:
(1) Seek to influence an applicant’s political preference or party registration.
(2) Display any political preference or party allegiance, including pictures, photographs, or other likenesses of any currently elected federal, state, county, or local official.
(3) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote.
(4) Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision whether or not to register has any bearing on the availability of services or benefits.
As added by P.L.176-1999, SEC.21. Amended by P.L.128-2015, SEC.78.

IC 3-7-20 Chapter 20. Repealed

Repealed by P.L.81-2005, SEC.35.

IC 3-7-20.5 Chapter 20.5. Registration in Unemployment Compensation Offices

IC 3-7-20.5-1 Unemployment compensation office as voter registration office
Sec. 1. Each of the following locations is designated as a voter registration office under 52 U.S.C. 20506:
(1) Each office of the department of employment and training services that provides assistance or services concerning unemployment compensation.
(2) Each office affiliated with the Indiana state police.
(3) Each office affiliated with the sheriff of a county.
(4) Each office affiliated with a municipal law enforcement agency.
As added by P.L.12-1995, SEC.30. Amended by P.L.128-2015, SEC.79; P.L.107-2019, SEC.2.

IC 3-7-20.5-2 Filing and submission of implementation plan
Sec. 2. Except as provided in this chapter, an office described by section 1 of this chapter shall accept and process voter registration applications as provided in IC 3-7-18.
As added by P.L.12-1995, SEC.30.

IC 3-7-20.5-3 Governing body
Sec. 3. For purposes of this chapter, the following persons shall act as a “governing body” under IC 3-7-18:
(1) The executive director of the department of employment and training services.
(2) The superintendent of state police.
(3) The sheriff of a county.
(4) The chief of police or comparable law enforcement officer for a municipal law enforcement agency.
As added by P.L.12-1995, SEC.30; Amended by P.L.107-2019, SEC.3.

IC 3-7-21 Chapter 21. Procedures for Designating Additional Voter Registration Offices; County NVRA Implementation Plans

IC 3-7-21-1 Purpose of chapter
Sec. 1. This chapter prescribes the procedure for designating additional federal and nongovernmental offices as voter registration agencies under 52 U.S.C. 20506(a)(3)(B)(ii). As added by P.L.12-1995, SEC.31. Amended by P.L.128-2015, SEC.80.

IC 3-7-21-2 Repealed
As added by P.L.12-1995, SEC.31. Amended by P.L.2-1996, SEC.36; P.L.3-1997, SEC.65. Repealed by P.L.258-2013, SEC.30.

IC 3-7-21-3 Repealed
As added by P.L.12-1995, SEC.31. Repealed by P.L.258-2013, SEC.31.

IC 3-7-21-4 Repealed
As added by P.L.12-1995, SEC.31. Amended by P.L.2-1996, SEC.37. Repealed by P.L.258-2013, SEC.32.

IC 3-7-21-5 Repealed
As added by P.L.12-1995, SEC.31. Amended by P.L.2-1996, SEC.38. Repealed by P.L.258-2013, SEC.33.

IC 3-7-21-5.5 Effect of designation of office as a voter registration agency
Sec. 5.5. The designation of an office as a voter registration agency under a county NVRA implementation plan before July 1, 2013, remains in effect until otherwise ordered by the county election board.
As added by P.L.258-2013, SEC.34.

IC 3-7-21-6 Governing body
Sec. 6. (a) For the purposes of this chapter, the officer, board, entity, or agency that has the authority to enter into an agreement with the county election board is the “governing body” under IC 3-7-18.
(b) A county election board, by unanimous vote of its entire membership, may enter into an agreement to designate an office located within the county as a voter registration agency. As added by P.L.12-1995, SEC.31. Amended by P.L.258-2013, SEC.35.

IC 3-7-21-7 Office to be provided
Sec. 7. An agreement under this chapter must provide for an office to accept and process voter registration applications as provided in IC 3-7-18.
As added by P.L.12-1995, SEC.31.

IC 3-7-22 Chapter 22. Mail Registration

IC 3-7-22-1 Purpose of chapter
Sec. 1. This chapter prescribes procedures for voter registration by mail as provided in 52 U.S.C. 20505 and 52 U.S.C. 21083.
As added by P.L.12-1995, SEC.32. Amended by P.L.209-2003, SEC.26; P.L.81-2005, SEC.3; P.L.128-2015, SEC.81.

IC 3-7-22-2 Use of form prescribed by federal Election Assistance Commission
Sec. 2. As provided in 52 U.S.C. 20505(a)(1) and 52 U.S.C. 21083, a county voter registration office shall accept and use the mail voter registration form prescribed by the federal Election Assistance Commission under 52 U.S.C. 20508(a)(2).
As added by P.L.12-1995, SEC.32. Amended by P.L.209-2003, SEC.27; P.L.81-2005, SEC.4; P.L.128-2015, SEC.82.

IC 3-7-22-3 Use of form prescribed by election division
Sec. 3. As provided in 52 U.S.C. 20505(a)(2) and 52 U.S.C. 21083, a county voter registration office shall accept and use a mail voter registration form prescribed by the election division that complies with 52 U.S.C. 20508(b)(2), 52 U.S.C. 21083, and this article. As added by P.L.12-1995, SEC.32. Amended by P.L.3-1997, SEC.66; P.L.209-2003, SEC.28; P.L.81-2005, SEC.5; P.L.128-2015, SEC.83; P.L.169-2015, SEC.26.

IC 3-7-22-4 Information required
Sec. 4. (a) A mail registration form prescribed under section 3 of this chapter may only require information necessary to enable the county voter registration office to do the following:
(1) Assess the eligibility of the applicant, including the eligibility of the applicant under 52 U.S.C. 21083.
(2) Administer the voter registration and election process.
(b) The information required under subsection (a) may include the following:
(1) The signature of the applicant.
(2) Data relating to previous registration by the applicant.
(c) The form may not include any requirement for notarization or other formal authentication.
As added by P.L.12-1995, SEC.32. Amended by P.L.209-2003, SEC.29; P.L.81-2005, SEC.6; P.L.128-2015, SEC.84.

IC 3-7-22-5 Requirements of form
Sec. 5. A mail registration form prescribed under section 3 of this chapter must meet the following requirements:
(1) The form must include a statement that does the following:
(A) Sets forth each eligibility requirement for registration (including citizenship).
(B) Contains an attestation that the applicant meets each of the eligibility requirements.
(C) Requires the signature of the applicant, under penalty of perjury.
(2) The form must include, in print that is identical to the print used in the attestation part of the application, information setting forth the penalties provided by law for submission of a false voter registration application.
(3) The question “Are you a citizen of the United States of America?” and boxes for the applicant to check to indicate whether the applicant is or is not a citizen of the United States.
(4) The question “Will you be 18 years of age on or before election day?” and boxes for the applicant to check to indicate whether or not the applicant will be eighteen (18) years of age on or before election day.
(5) A statement informing the individual that if the form is submitted by mail and the individual is registering for the first time, the appropriate information required under 52 U.S.C. 21083 must be submitted with the mail-in registration form in order to avoid the additional identification requirements upon voting for the first time.
As added by P.L.12-1995, SEC.32. Amended by P.L.3-1997, SEC.67; P.L.209-2003, SEC.30; P.L.81-2005, SEC.7; P.L.128-2015, SEC.85.

IC 3-7-22-6 Distribution of form
Sec. 6. (a) As provided in 52 U.S.C. 20505, the NVRA official shall make registration by mail forms available for distribution, with particular emphasis on organized voter registration programs.
(b) The NVRA official complies with subsection (a) by ensuring that a downloadable version of the current registration by mail form is published on the election division web site. As added by P.L.12-1995, SEC.32. Amended by P.L.2-1996, SEC.39; P.L.3-1997, SEC.68; P.L.176-1999, SEC.23; P.L.81-2005, SEC.8; P.L.128-2015, SEC.86.

IC 3-7-22-7 Repealed
As added by P.L.12-1995, SEC.32. Amended by P.L.2-1996, SEC.40; P.L.3-1997, SEC.69. Repealed by P.L.199-2001, SEC.29.

IC 3-7-22-8 Appearance in person not necessary
Sec. 8. An individual who is eligible to register under this article may register by mail without appearing in person before a circuit court clerk or board of registration.
As added by P.L.12-1995, SEC.32. Amended by P.L.2-1996, SEC.41.

IC 3-7-22-9 Acceptance of registration form
Sec. 9. A circuit court clerk or board of registration shall accept a registration by mail form for processing under this article whenever the form is presented by any of the following:
(1) The United States Postal Service.
(2) The individual registering by mail.
(3) A person presenting the form on behalf of the individual who is registering.
As added by P.L.12-1995, SEC.32.

IC 3-7-23 Chapter 23. Repealed

Repealed by P.L.64-2014, SEC.6.

IC 3-7-24 Chapter 24. Distribution Sites for Mail Registration Forms

IC 3-7-24-1 Purpose of chapter
Sec. 1. This chapter provides for the distribution of mail registration forms in certain governmental and nongovernmental offices.
As added by P.L.12-1995, SEC.34.

IC 3-7-24-2 License branches
Sec. 2. Each license branch is a distribution site for registration by mail forms under IC 9-14.1-4.
As added by P.L.12-1995, SEC.34. Amended by P.L.198-2016, SEC.2.

IC 3-7-24-3 Circuit court clerks’ offices
Sec. 3. Each office of a circuit court clerk that does not provide voter registration services is a distribution site for registration by mail forms.
As added by P.L.12-1995, SEC.34.

IC 3-7-24-4 Township executives’ offices
Sec. 4. Each office of a township executive is a distribution site for registration by mail forms.
As added by P.L.12-1995, SEC.34.

IC 3-7-24-5 Libraries
Sec. 5. Each public library or county contractual public library established under IC 36-12 is a distribution site for registration by mail forms.
As added by P.L.12-1995, SEC.34. Amended by P.L.1-2005, SEC.52.

IC 3-7-24-6 State educational institutions
Sec. 6. Each state educational institution is a distribution site for registration by mail forms.
As added by P.L.12-1995, SEC.34. Amended by P.L.2-2007, SEC.11.

IC 3-7-24-7 Schools
Sec. 7. Each public secondary school is a distribution site for registration by mail forms.
As added by P.L.12-1995, SEC.34. Amended by P.L.81-2005, SEC.9.

IC 3-7-24-8 County extension educators’ offices
Sec. 8. Each office of a county extension educator is a distribution site for registration by

mail forms.
As added by P.L.12-1995, SEC.34.

IC 3-7-24-9 City clerks’, city clerk-treasurers’, or town clerk-treasurers’ offices
Sec. 9. Each office of a city clerk, city clerk-treasurer, or town clerk-treasurer is a distribution site for registration by mail forms.
As added by P.L.12-1995, SEC.34. Amended by P.L.3-1995, SEC.33; P.L.81-2005, SEC.10.

IC 3-7-24-10 State offices
Sec. 10. (a) Each state office that:
(1) has significant contact with the public; and
(2) is not otherwise designated as a voter registration site under this article; is a distribution site for registration by mail forms.
(b) The commission shall determine if a state office has significant contact with the public for purposes of this section.
As added by P.L.12-1995, SEC.34. Amended by P.L.2-1996, SEC.43.

IC 3-7-24-11 Offices of political subdivisions
Sec. 11. (a) Each office of a political subdivision that:
(1) has significant contact with the public; and
(2) is not otherwise designated as a voter registration site under this article; is a distribution site for registration by mail forms.
(b) The county election board of the county in which the greatest percentage of the population of the political subdivision is located shall determine if an office has significant contact with the public for purposes of this section.
As added by P.L.12-1995, SEC.34. Amended by P.L.64-2014, SEC.7.

IC 3-7-24-12 Federal government offices
Sec. 12. (a) An office of the federal government may be designated as a distribution site for registration by mail forms.
(b) The NVRA official may enter into an agreement on behalf of the commission with an agency of the federal government to designate an office as a distribution site for registration by mail forms under this section.
(c) The circuit court clerk may enter into an agreement on behalf of the county election board with an agency of the federal government to designate an office as a distribution site for registration by mail forms under this section. A clerk that enters into an agreement under this subsection must provide the NVRA official with the following:
(1) A copy of the agreement.
(2) The address of the voter registration site.
(3) The name of the person responsible for voter registration services at the site.
(d) If the agreement under subsection (c) is revised or the information provided under subsection (c) changes, the clerk shall promptly provide the NVRA official with the revised agreement or changed information.
As added by P.L.12-1995, SEC.34. Amended by P.L.2-1996, SEC.44.

IC 3-7-24-13 Post offices
Sec. 13. (a) A United States Postal Service office may be designated as a distribution site for registration by mail forms.
(b) The NVRA official may enter into an agreement on behalf of the commission with the United States Postal Service to designate an office as a distribution site for registration by mail forms under this section.
(c) The circuit court clerk may enter into an agreement on behalf of the county election

board with the United States Postal Service to designate an office as a distribution site for registration by mail forms under this section. A clerk that enters into an agreement under this subsection must provide the NVRA official with the following:
(1) A copy of the agreement.
(2) The address of the voter registration site.
(3) The name of the person responsible for voter registration services at the site.
(d) If the agreement under subsection (c) is revised or the information provided under subsection (c) changes, the clerk shall promptly provide the NVRA official with the revised agreement or changed information.
As added by P.L.12-1995, SEC.34. Amended by P.L.2-1996, SEC.45.

IC 3-7-24-14 Private secondary schools
Sec. 14. (a) A private secondary school located in Indiana may be designated as a distribution site for registration by mail forms.
(b) The NVRA official may enter into an agreement on behalf of the commission with the board of trustees of the private secondary school to designate the school as a distribution site for registration by mail forms under this section.
(c) The circuit court clerk may enter into an agreement on behalf of the county election board with the board of trustees of a private secondary school to designate the school as a distribution site for registration by mail forms under this section. A clerk that enters into an agreement under this subsection must provide the NVRA official with the following:
(1) A copy of the agreement.
(2) The address of the voter registration site.
(3) The name of the person responsible for voter registration services at the site.
(d) If the agreement under subsection (c) is revised or the information provided under subsection (c) changes, the clerk shall promptly provide the NVRA official with the revised agreement or changed information.
As added by P.L.12-1995, SEC.34. Amended by P.L.2-1996, SEC.46.

IC 3-7-24-15 Financial institutions
Sec. 15. (a) A financial institution (as defined in IC 28-1-1-3) may be designated as a distribution site for registration by mail forms.
(b) The NVRA official may enter into an agreement on behalf of the commission with the board of trustees of a financial institution to designate the financial institution as a distribution site for registration by mail forms under this section.
(c) The circuit court clerk may enter into an agreement on behalf of the county election board with the board of trustees of a financial institution to designate the financial institution as a distribution site for registration by mail forms under this section. A clerk that enters into an agreement under this subsection must provide the NVRA official with the following:
(1) A copy of the agreement.
(2) The address of the voter registration site.
(3) The name of the person responsible for voter registration services at the site.
(d) If the agreement under subsection (c) is revised or the information provided under subsection (c) changes, the clerk shall promptly provide the NVRA official with the revised agreement or changed information.
As added by P.L.12-1995, SEC.34. Amended by P.L.2-1996, SEC.47.

IC 3-7-24-16 Processing of forms by distributions sites not required
Sec. 16. An office with a distribution site for registration forms under this chapter is not required to do the following:
(1) Accept registration forms when completed.
(2) Mail or deliver the forms to a circuit court clerk or board of registration.
As added by P.L.12-1995, SEC.34.

IC 3-7-24-17 Notice
Sec. 17. Each office with a distribution site for registration forms under this chapter shall post a notice in a prominent location easily visible to members of the public. The notice must state substantially the following:
“VOTER REGISTRATION FORMS AVAILABLE HERE
This office has forms that you can fill out to register to vote in Indiana.
If you live in Indiana and are not registered to vote where you live now, and you want to register (or change your registration record), please take one of the forms.
If you cannot find a blank voter registration form in this office, ask us to give you a form.
You must take the form with you and mail or deliver the form to the voter registration office.
Applying to register or declining to register to vote will not affect the assistance or service that you will be provided by this office.”.
As added by P.L.12-1995, SEC.34.

IC 3-7-25 Chapter 25. Repealed

Repealed by P.L.2-1996, SEC.297.

IC 3-7-26 Chapter 26. Repealed

Repealed by P.L.164-2006, SEC.143.

IC 3-7-26.3 Chapter 26.3. Statewide Voter Registration List

IC 3-7-26.3-1 Repealed
As added by P.L.209-2003, SEC.35. Repealed by P.L.164-2006, SEC.143.

IC 3-7-26.3-2 “Computerized list”
Sec. 2. As used in this chapter, “computerized list” refers to the statewide voter registration list established under section 3 of this chapter.
As added by P.L.209-2003, SEC.35.

IC 3-7-26.3-3 Implementation of list
Sec. 3. As required under 52 U.S.C. 21083, the secretary of state with the consent of the co-directors of the election division shall implement, in a uniform and nondiscriminatory manner, a single, uniform, official, centralized, and interactive statewide voter registration list under this chapter.
As added by P.L.209-2003, SEC.35. Amended by P.L.164-2006, SEC.12; P.L.128-2015, SEC.87.

IC 3-7-26.3-4 List requirements
Sec. 4. (a) As required under 52 U.S.C. 21083, the computerized list must:
(1) be defined, maintained, and administered at the state level;
(2) contain the name and registration information of every voter in Indiana; and
(3) assign a unique identifier to each voter in Indiana.
(b) To ensure the proper maintenance and administration of the list under subsection (a)(1), the secretary of state and the election division are the owners of all property comprising the computerized list. Except as expressly provided by statute, the computerized list and each of its components must be used exclusively for voter registration and election administration and for no other purpose.
As added by P.L.209-2003, SEC.35. Amended by P.L.81-2005, SEC.11; P.L.128-2015, SEC.88.

IC 3-7-26.3-4.5 Use of county property to maintain list
Sec. 4.5. The state may enter into agreements with a county to use existing county property for purposes of maintaining the computerized list. If the county’s equipment fails to perform properly in maintaining the computerized list, the state may cancel any existing agreement with the county and install additional state owned equipment in any county facility to ensure proper operation and maintenance of the computerized list.
As added by P.L.164-2006, SEC.13.

IC 3-7-26.3-5 Purpose of list
Sec. 5. In accordance with 52 U.S.C. 21083, the computerized list serves as:
(1) the single system for storing and managing the official list of voters throughout Indiana; and
(2) the official voter registration list for the conduct of all elections in Indiana.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.89.

IC 3-7-26.3-6 Coordination with other agency databases
Sec. 6. As required under 52 U.S.C. 21083, the computerized list must be coordinated with other agency data bases within Indiana.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.90.

IC 3-7-26.3-7 Electronic access to information
Sec. 7. As required under 52 U.S.C. 21083, each county voter registration office, the election division, and the secretary of state must be able to obtain immediate electronic access to the information contained in the computerized list.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.91.

IC 3-7-26.3-8 Format; access to change data
Sec. 8. The computerized list must be formatted so that only the county voter registration office of a county may change data in the file concerning the voters registered in that county. As added by P.L.209-2003, SEC.35.

IC 3-7-26.3-9 Expedited entry of voter registration information into list
Sec. 9. As required under 52 U.S.C. 21083, a county voter registration office must electronically enter all voter registration information obtained by the county voter registration office into the computerized list on an expedited basis at the time the information is provided to the county voter registration office.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.92.

IC 3-7-26.3-10 Support provided by secretary of state
Sec. 10. As required under 52 U.S.C. 21083, the secretary of state and the election division shall provide the support required for the county voter registration office to enter the information into the computerized list.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.93.

IC 3-7-26.3-11 List maintenance
Sec. 11. As required under 52 U.S.C. 21083, the county voter registration office shall perform list maintenance with respect to the computerized list on a regular basis. The list maintenance activity required under this section includes the removal of an individual from the list when required by this article and NVRA following:
(1) the death of the individual;
(2) the individual’s confirmation that the individual resides outside the county in which the individual is registered; or
(3) an inactive voter’s failure to respond to a notice or otherwise act in accordance with 52 U.S.C. 20507 to require the voter’s registration to be reclassified as active within the period prescribed by NVRA.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.94.

IC 3-7-26.3-12 Coordination with department of correction records; disfranchised individuals
Sec. 12. As required under 52 U.S.C. 21083, the election division shall coordinate the computerized list with the department of correction records concerning individuals disfranchised under IC 3-7-46.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.95.

IC 3-7-26.3-13 Coordination with state department of health; deceased individuals
Sec. 13. As required under 52 U.S.C. 21083, the election division shall coordinate the computerized list with the state department of health concerning individuals identified as deceased under IC 3-7-45.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.96.

IC 3-7-26.3-14 List maintenance; purpose
Sec. 14. As required under 52 U.S.C. 21083, the computerized list maintenance performed under sections 11 through 13 of this chapter must ensure that:
(1) the name of each voter appears in the computerized list;
(2) only voters who are not eligible to vote are removed from the computerized list; and
(3) duplicate names of an individual voter are eliminated from the computerized list.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.97.

IC 3-7-26.3-15 Security measures; restriction of access to computerized list; point of contact for cybersecurity issues
Sec. 15. (a) As required under 52 U.S.C. 21083, the election division and each county voter registration office shall provide adequate technological security measures to prevent unauthorized access to the computerized list.
(b) The computerized list must employ two-factor authentication methods to restrict access to the computerized list.
(c) A person may not access the computerized list without using a multi-factor authentication method approved by the secretary of state and the co-directors of the election division.
(d) The county voter registration officer shall file a statement with the election division setting forth the name and contact information of at least one (1) individual who is to serve as a point of contact for the state to communicate with the county regarding cybersecurity issues.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.98; P.L.157-2019, SEC.4.

IC 3-7-26.3-16 Accuracy of voter registration records; regular updates
Sec. 16. As required under 52 U.S.C. 21083, the election division and each county voter registration office shall ensure that voter registration records are accurate and updated regularly.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.99.

IC 3-7-26.3-17 List maintenance; inactive voters
Sec. 17. As required under 52 U.S.C. 21083, the election division and each county voter registration office shall perform the list maintenance required under NVRA to ensure that

inactive voters described in section 11(3) of this chapter and 52 U.S.C. 20507(d)(1)(B) are removed from the official list of eligible voters.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.100.

IC 3-7-26.3-18 Verification of list data with bureau of motor vehicles commission
Sec. 18. As required under 52 U.S.C. 21083, the secretary of state, the co-directors of the election division, and the bureau of motor vehicles commission shall enter into an agreement to match information in the computerized list data base with information in the data base of the bureau of motor vehicles commission to enable the election division (acting on behalf of the secretary of state) and the commission to verify the accuracy of the information provided on voter registration applications.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.101.

IC 3-7-26.3-19 Verification of list data with commissioner of social security
Sec. 19. (a) As required under 52 U.S.C. 21083, the bureau of motor vehicles commission shall enter into an agreement with the Commissioner of Social Security under 42 U.S.C. 405(r)(8)(A) to verify information set forth on voter registration applications.
(b) The following information is subject to verification under this section:
(1) Whether the name (including the first name and any family forename or surname), date of birth (including month, day, and year), and Social Security number of an individual provided to the Commissioner of Social Security match the information contained in the Commissioner’s records.
(2) Whether the individual is shown in the records of the Commissioner of Social Security as deceased.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.102.

IC 3-7-26.3-20 Verification agreement with commission of social security
Sec. 20. As required by 52 U.S.C. 21083, the agreement under section 19 of this chapter must include:
(1) safeguards to assure the maintenance of the confidentiality of any information disclosed to the bureau;
(2) procedures to permit the bureau to use the information to maintain the bureau’s records; and
(3) procedures to permit the election division to coordinate the records of the computerized list established under this chapter with the bureau’s data base as provided by section 6 of this chapter.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.103.

IC 3-7-26.3-21 Confidentiality of information provided by commissioner of social security and bureau of motor vehicles
Sec. 21. As provided by 52 U.S.C. 21083, the information provided by the Commissioner of Social Security or by an individual to the bureau of motor vehicles is confidential. The information may be used only for the purposes described under 52 U.S.C. 21083 and sections 19 and 20 of this chapter.
As added by P.L.209-2003, SEC.35. Amended by P.L.128-2015, SEC.104.

IC 3-7-26.3-22 Computerized list voter information
Sec. 22. The computerized list must contain at least the following information for each voter:
(1) The voter’s voting history for at least the previous ten (10) years, if available, including the political party ballot requested by the voter at any primary election during the period.
(2) The source of the voter’s registration application.
(3) A listing of all previous addresses at which the voter was registered to vote during at least the previous ten (10) years, if available.
(4) Information concerning the documentation submitted by the voter to comply with the requirements of HAVA.
(5) Documentation of all changes to the registration made by the voter.
(6) Documentation concerning all notices sent to the voter by the county voter registration office.
As added by P.L.14-2004, SEC.29.

IC 3-7-26.3-23 Computerized list; contents; requirements
Sec. 23. (a) The computerized list must include absentee ballot management features that do the following:
(1) Manage absentee ballots based on the type, eligibility, and status of the absentee voter.
(2) Permit the printing of absentee labels by group or date, or by individual for use by a voter voting in person at the county election board office.
(3) Permit the documentation of the date on which each absentee ballot is issued and returned.
(4) Permit the printing of absentee ballot applications with voter registration information for the absentee ballot applicant.
(b) The computerized list:
(1) must require that a report containing information concerning absentee applications and voting by specified individuals be generated in CSV format with dashes; and
(2) may provide for reports described in subdivision (1) to be generated in other formats.
As added by P.L.14-2004, SEC.30; Amended by P.L.278-2019, SEC.12.

IC 3-7-26.3-24 Circuit court clerk transmittal
Sec. 24. The computerized list must permit a circuit court clerk to transmit reports or statements to the election division under IC 3-6-5, this article, IC 3-8-3, or IC 3-12-5.
As added by P.L.14-2004, SEC.31. Amended by P.L.81-2005, SEC.12.

IC 3-7-26.3-25 Election and poll worker management features
Sec. 25. The computerized list must include election and poll worker management features such as whether poll workers served only part of an election day.
As added by P.L.14-2004, SEC.32.

IC 3-7-26.3-26 Backup and disaster recover plan
Sec. 26. The computerized list must provide fully synchronized backup and recovery with a well defined disaster recovery plan.
As added by P.L.14-2004, SEC.33.

IC 3-7-26.3-27 Digital signatures
Sec. 27. The computerized list must include signature digitizing features that have the ability to accept and maintain a scanned image of the voter’s signature.
As added by P.L.14-2004, SEC.34.

IC 3-7-26.3-28 Street file management
Sec. 28. The computerized list must include street file management features that do the following:
(1) Include an integral street file with automatic assignment to election districts and jurisdictions based on residence address location.
(2) Permit changing street names throughout a county or for specific areas within a county.
(3) Permit interfacing with geographic information systems.
(4) Permit comprehensive changes to reflect changes in legislative district or precinct boundary lines.
(5) Permit the accommodation of multiple place names within a single ZIP code area.
(6) Permit the tracking and management of data concerning polling place locations.
As added by P.L.14-2004, SEC.35.

IC 3-7-26.3-29 Voter registration management
Sec. 29. (a) The computerized list must include voter registration management features that do the following:
(1) Automatically assign voter identification numbers in accordance with this title.
(2) Calculate the number of registered voters by precinct or any election district.
(3) Permit expedited web based inquiries concerning polling place locations.
(4) Track and report all voter list maintenance transactions performed within the system.
(5) Permit tracking regarding the political party ballot requested by voters voting in a primary.
(6) Generate a variety of reports on paper or disc format, such as walking lists, call lists, lists of voters by precinct, lists of voters by name, date of birth, or date of registration, and lists of voters by other household data.
(7) Identify voters who are currently less than eighteen (18) years of age.
(8) Permit electronic processing of voter registration information received as files from other state and federal agencies.
(9) Provide flexible query functions for management and statistical reports, including the ability of the secretary of state or a co-director of the election division to view individual voter registration records.
(10) Contain full audit controls and management reports to track and manage the work of county voter registration office employees, including the ability of the secretary of state or the co-directors of the election division to determine whether a county voter registration office is performing voter list maintenance functions in the manner required by IC 3-7.
(b) The reports and lists generated under subsection (a)(6) and (a)(7) may not contain any information described by IC 3-7-26.4-8(c), except when provided to a person who:
(1) is entitled to a complete compilation of the voter registration information; and
(2) has paid the annual fee required under IC 3-7-26.4 for the current calendar year.
As added by P.L.14-2004, SEC.36. Amended by P.L.258-2013, SEC.36.

IC 3-7-26.3-30 Help desk support feature
Sec. 30. The computerized list must include a help desk support feature, staffed by individuals who can provide assistance to county voter registration offices regarding the proper operation of the system.
As added by P.L.14-2004, SEC.37.

IC 3-7-26.3-31 Additional features
Sec. 31. The computerized list must include features permitting the secretary of state or a co-director of the election division to include other features determined by the secretary of state and the co-directors of the election division.
As added by P.L.14-2004, SEC.38.

IC 3-7-26.3-32 Application
Sec. 32. (a) This section applies to a county with a county voter registration office described in IC 3-5-2-16.2(1) or IC 3-5-2-16.2(2).
(b) The computerized list must permit a county election board to view data concerning voters of the county in order to do the following:
(1) Administer absentee balloting.
(2) Determine whether an individual who wishes to file as a candidate is a voter of the county.
As added by P.L.14-2004, SEC.39.

IC 3-7-26.3-33 Capacity requirements of computerized list
Sec. 33. (a) The computerized list must have the capacity to receive vote history and other information from an electronic poll book certified by the secretary of state under IC 3-11-18.1-12. This information must be able to be uploaded into the computerized list on each day after absentee voting concludes in the circuit court clerk’s office, a satellite office, or a vote center, and after election day.
(b) The computerized list must have the capacity to transmit electronic images of the signature of a voter taken from:
(1) the voter’s registration application; or
(2) a more recent signature of a voter from an absentee application, poll list electronic poll book, or registration document;
if available, to be downloaded in connection with a voter’s record on any electronic poll book certified by the secretary of state under IC 3-11-18.1-12.
(c) The computerized list must have the capacity to receive the uploading of voter registration signatures from electronic poll books and assign each signature to the record of the corresponding voter.
As added by P.L.258-2013, SEC.37. Amended by P.L.169-2015, SEC.27.

IC 3-7-26.3-34 Providing information to the Voting Information Project
Sec. 34. The secretary of state and the co-directors of the election division shall provide the information regarding:
(1) the location of polling places and vote center locations; and
(2) the:
(A) names of candidates who; and
(B) public questions that;

will appear on ballots in an election;

necessary for Indiana to participate in the Voting Information Project sponsored by Democracy Works, Inc.
As added by P.L.169-2015, SEC.28. Amended by P.L.216-2015, SEC.3; P.L.278-2019, SEC.13.

3-7-26.3-35 Proficiency standards for certain agents or employees to access computerized list; order to establish; qualifications; revocation of authorization
Sec. 35. (a) The secretary of state shall issue an order establishing proficiency standards for an individual employed by or acting under the authorization of a county voter registration office, a circuit court clerk, a county election board, or a board of elections and registration to be qualified to access the computerized list.
(b) An individual described in subsection (a) must have demonstrated to the satisfaction of the secretary of state and the election division that the individual has been sufficiently trained and demonstrated the individual’s ability to properly access the system and comply with all applicable laws governing the operation of the list in order for the individual to access the computerized list.
(c) The county voter registration office, circuit court clerk, county election board, or board of elections and registration may revoke the authorization granted by the office, clerk, or board under subsection (b) for good cause, and shall file a report of the revocation with the secretary of state and the election division not later than seven (7) days after the revocation is effective.
As added by P.L.71-2019, SEC.7; Amended by P.L.135-2020, SEC.2.

IC 3-7-26.4 Chapter 26.4. Statewide Voter Registration Information

IC 3-7-26.4-1 Application of chapter
Sec. 1. This chapter applies to the computerized list established under IC 3-7-26.3.
As added by P.L.81-2005, SEC.13. Amended by P.L.164-2006, SEC.14.

IC 3-7-26.4-2 Provision of information from computerized list; statutory requirements
Sec. 2. The election division may not provide any part of the compilation of the voter registration information contained in the computerized list except:
(1) as provided in IC 3-7-26.3 or this chapter;
(2) to perform voter list maintenance duties required by 52 U.S.C. 21083; or
(3) to redact voter registration information declared confidential under a court order or IC 5-26.5-2.
As added by P.L.81-2005, SEC.13. Amended by P.L.128-2015, SEC.105.

IC 3-7-26.4-3 Provision of information from computerized list; confirmation of registration status and polling place location
Sec. 3. The election division shall provide information from the computerized list to an individual to permit the individual to confirm the voter registration status of the individual and the location of the polling place for the individual’s precinct.
As added by P.L.81-2005, SEC.13.

IC 3-7-26.4-4 Provision of information from computerized list; voter registration management
Sec. 4. (a) The election division may provide parts and reports from the voter registration information from the computerized list for the purposes specified under IC 3-7-26.3-29.
(b) Except as otherwise provided in this section, the parts and reports provided under this section may not include information described under section 8 of this chapter.
(c) The parts and reports may contain the information described in section 8 of this chapter if:
(1) the part or report is to be provided to an entity that:
(A) is described in section 6 of this chapter; and
(B) has previously submitted an application to the election division and paid any required fee to obtain the complete compilation; or
(2) the part or report is a purely statistical compilation that:
(A) includes the information described in section 8 of this chapter; and
(B) does not include any information:
(i) concerning an individual voter; or
(ii) that would permit the identification of an individual voter as a result of providing the compilation.
(d) The parts and reports provided under this section may not include the complete Social Security number of any individual.
(e) The election division may provide the registration information described in section 8 of this chapter, including an individual’s voting history, as follows:
(1) To states and local governments in states that are implementing any voter list maintenance program described in IC 3-7-38.2-5, including a program implemented with information obtained from another state under IC 3-7-38.2-5.5.
(2) Upon written request, to law enforcement officials conducting an investigation.
As added by P.L.81-2005, SEC.13. Amended by P.L.225-2011, SEC.13; P.L.169-2015, SEC.29; P.L.157-2019, SEC.5; P.L.141-2020, SEC.4.

IC 3-7-26.4-5 Provision of information from computerized list; lists of registered voters
Sec. 5. The election division may provide parts and reports from the computerized list concerning information other than lists of registered voters.
As added by P.L.81-2005, SEC.13.

IC 3-7-26.4-6 Provision of information from computerized list to certain entities
Sec. 6. Upon request, and not later than five (5) days after the request is filed with the election division, the election division shall provide a complete compilation of the voter registration information contained in the computerized list, including any format information or other information necessary to decode the data, to any of the following entities:
(1) The state committee of a major political party.
(2) The state organization of a bona fide political party that is not a major political party if the party has at least two (2) candidates on the ballot in the next election.
(3) The committee of an independent candidate for federal or state office if the candidate is on the ballot in the next general election.
(4) A member of the media for publication in a news broadcast or newspaper.
(5) The chief justice of the supreme court, for purposes of state administration of a jury management system.
(6) The clerk of the:
(A) United States District Court for the Northern District of Indiana; and
(B) United States District Court for the Southern District of Indiana; for purposes of administration of a jury management system.
(7) Each of the following:
(A) The speaker of the house of representatives.
(B) The minority leader of the house of representatives.
(C) The president pro tempore of the senate.
(D) The minority leader of the senate.
As added by P.L.81-2005, SEC.13. Amended by P.L.64-2014, SEC.8.

IC 3-7-26.4-7 Provision of information from computerized list to certain entities; notification when compilation available
Sec. 7. The election division shall promptly notify a person described in section 6 of this chapter when the compilation requested by the person is available.
As added by P.L.81-2005, SEC.13.

IC 3-7-26.4-8 Provision of information from computerized list; information redacted
Sec. 8. (a) This section applies to a person other than a registered voter requesting information about the registered voter.
(b) After a person files a request with the election division for voter registration information compiled under this chapter, the election division shall provide a compilation of the information from the computerized list to the person, redacting the information described in subsection (c).
(c) The election division shall not provide information under this section concerning any of the following information concerning a voter:
(1) Date of birth.
(2) Gender.
(3) Telephone number or electronic mail address.
(4) Voting history.
(5) A voter identification number or another unique field established to identify a voter.
(6) The date of registration of the voter.
As added by P.L.81-2005, SEC.13.

IC 3-7-26.4-9 Request of information from computerized list; execution of agreement
Sec. 9. A person who files a request for a compilation of the information contained in the computerized list with the election division under this chapter must execute an agreement with the election division on a form prescribed under IC 3-5-4-8.
As added by P.L.81-2005, SEC.13.

IC 3-7-26.4-10 Request of information from computerized list; contents of form
Sec. 10. The form described by section 9 of this chapter must state that the person receiving a compilation of information under this chapter may not:
(1) use the compilation to solicit for the sale of merchandise, goods, services, or subscriptions; or
(2) sell, loan, give away, or otherwise deliver the information obtained by the request to any other person (as defined in IC 5-14-3-2);
for a purpose other than political activities or political fundraising activities.
As added by P.L.81-2005, SEC.13.

IC 3-7-26.4-11 Publication of information
Sec. 11. The publication of information obtained under this chapter in a news broadcast or newspaper is not prohibited by this chapter.
As added by P.L.81-2005, SEC.13.

IC 3-7-26.4-12 Fee to receive compilation of information
Sec. 12. (a) This section does not apply to the chief justice of the supreme court, the clerk of the United States District Court for the Northern District of Indiana, the clerk of the United States District Court for the Southern District of Indiana, or to a person described by section 8 of this chapter.
(b) Notwithstanding IC 5-14-3-8, the election division shall charge each person described by section 6 of this chapter an annual subscription fee of five thousand dollars ($5,000) to receive the following:
(1) A complete compilation of the voter registration information contained in the computerized list.
(2) Updates of the voter registration information made during the year covered by the fee.
(c) A subscription to the statewide voter registration system information expires on the first January 1 following the payment of the subscription fee.
As added by P.L.81-2005, SEC.13. Amended by P.L.164-2006, SEC.15; P.L.258-2013, SEC.38; P.L.64-2014, SEC.9.

IC 3-7-26.4-13 Fee to receive compilation of information; exemptions
Sec. 13. (a) This section applies to the following:
(1) A registered voter requesting information about the registered voter.
(2) The chief justice of the supreme court who receives a complete compilation of voter registration information for the purpose described in section 6 of this chapter.
(b) The election division may not a charge a fee to a person who receives a compilation under this section.
As added by P.L.81-2005, SEC.13.

IC 3-7-26.7 Chapter 26.7. Online Voter Registration

IC 3-7-26.7-1 Application of chapter
Sec. 1. This chapter applies to an individual who:
(1) is eligible to register to vote under IC 3-7-13; and
(2) possesses a current and valid:
(A) Indiana driver’s license issued under IC 9-24; or
(B) Indiana identification card for nondrivers issued under IC 9-24-16.
As added by P.L.120-2009, SEC.3.

IC 3-7-26.7-2 “Applicant”
Sec. 2. As used in this chapter, “applicant” means an individual who submits an application as provided in this chapter.
As added by P.L.120-2009, SEC.3.

IC 3-7-26.7-3 “Bureau”
Sec. 3. As used in this chapter, “bureau” refers to the bureau of motor vehicles created by IC 9-14-7-1.
As added by P.L.120-2009, SEC.3. Amended by P.L.198-2016, SEC.3.

IC 3-7-26.7-4 Voter registration application
Sec. 4. An individual described in section 1 of this chapter may submit a voter registration application to a county voter registration office using the procedures set forth in this chapter.
As added by P.L.120-2009, SEC.3; Amended by P.L.278-2019, SEC.14.

IC 3-7-26.7-5 Establishment of website for submission of voter registration applications
Sec. 5. (a) The secretary of state, with the consent of the co-directors of the election division, shall establish a secure Internet web site to permit individuals described in section 1 of this chapter to submit applications under this chapter.
(b) The secure web site established under subsection (a) must allow an individual described in section 1 of this chapter to submit:
(1) an application:
(A) for registration as a first time voter in Indiana; or
(B) to change the individual’s name, address, or other information set forth in the individual’s existing voter registration record; and
(2) information to establish that the applicant is eligible under section 1 of this chapter to register online.
As added by P.L.120-2009, SEC.3.

IC 3-7-26.7-6 Verification of information submitted electronically on voter registration application
Sec. 6. (a) When an applicant submits an application described in section 5(b)(1) of this chapter by use of the secure Internet web site established under this chapter, the bureau shall compare the information submitted by the applicant with the information maintained in the bureau’s data base listing individuals who possess a current and valid Indiana:
(1) driver’s license; or
(2) identification card for nondrivers.
(b) If the bureau confirms that the applicant possesses a current and valid:
(1) Indiana driver’s license issued under IC 9-24; or
(2) Indiana identification card for nondrivers issued under IC 9-24-16;
the completed application and information compiled by the bureau (including the digital signature of the applicant) shall be submitted to the county voter registration office in the county in which the applicant currently resides using the computerized statewide voter registration list maintained under IC 3-7-26.3.
(c) If the bureau is unable to confirm that the applicant possesses a current and valid:
(1) Indiana driver’s license issued under IC 9-24; or
(2) Indiana identification card for nondrivers issued under IC 9-24-16;
the Internet web site must display a message advising the applicant to review and correct all errors, and that there was an error validating the driver’s license or identification card entered by the applicant. The Internet web site may not permit the applicant to continue the registration process unless the bureau is able to confirm that the number entered belongs to an individual.
As added by P.L.120-2009, SEC.3. Amended by P.L.64-2014, SEC.10.

IC 3-7-26.7-7 Process of applications
Sec. 7. Except as otherwise provided in this chapter, the county voter registration office shall process the application under this article.
As added by P.L.120-2009, SEC.3. Amended by P.L.1-2010, SEC.2.

IC 3-7-27 Chapter 27. County Voter Registration; Offices and Records Generally

IC 3-7-27-1 Registration record; affidavits and forms
Sec. 1. The registration affidavits or forms of each precinct are the registration record of all voters residing in and entitled to vote in the precinct. The registration record shall be compiled, amended, supplemented, and preserved as prescribed by this article.
As added by P.L.12-1995, SEC.37.

IC 3-7-27-2 Custody of property
Sec. 2. Each board of registration has custody of all registration facilities, equipment, supplies, forms, records (including the records of registered voters of the county), registration affidavits, and other property used in connection with the registration of voters of the county. As added by P.L.12-1995, SEC.37.

IC 3-7-27-3 Offices
Sec. 3. The countyexecutive shall provide each board of registration with suitable offices.
The offices must be:
(1) located in the county courthouse or in a building easily accessible to the courthouse;
(2) easily accessible to the public; and
(3) adequate to meet the needs of the board.
As added by P.L.12-1995, SEC.37.

IC 3-7-27-4 Record keeping by circuit court clerk
Sec. 4. A circuit court clerk or board of registration may:
(1) keep records by using electronic data processing equipment; and
(2) enter into contracts for this purpose.
As added by P.L.12-1995, SEC.37.

IC 3-7-27-5 Records unfit to be used
Sec. 5. If the registration records of a precinct are destroyed, mutilated, inaccessible, or for any other reasonable cause, unfit to be used, as determined by the county election board of the county in which the precinct is located, the circuit court clerk or board of registration shall conduct a registration of all voters residing in the precinct. Each voter who is a resident of the precinct must register as provided in this article.
As added by P.L.12-1995, SEC.37.

IC 3-7-27-6 Ensuring accuracy; implementation of programs; records; computerized registration information
Sec. 6. (a) As required under 52 U.S.C. 20507(i), a county voter registration office shall retain records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of the voter registration list. These records include the following:
(1) Lists of names and addresses of voters who were sent notices under the voter list maintenance program.
(2) Information concerning whether a voter has responded to a notice described by subdivision (1) as of the date the inspection of the record is made.
(b) The county voter registration office shall retain the records described by this section for at least two (2) years. Except for records concerning declinations to register to vote or that indicate the identity of a voter registration agency where a person registered, the county voter registration office shall make the records available for public inspection and photocopying at a reasonable cost as provided in IC 5-14-3.
(c) In accordance with IC 5-14-3-3(h) and notwithstanding any other statute, a county voter registration office shall, with regard to voter registration information concerning voters of the county on a computerized system, act in accordance with a nondiscriminatory uniform policy adopted by the county election board. The policy must either permit a person to duplicate or obtain a duplicate copy of a computer disc or other similar record system that contains this voter registration information or not permit the person to duplicate or obtain a duplicate copy of the information. Notwithstanding IC 5-14-3-8, the county election board may adopt a nondiscriminatory uniform fee for the production of this electronic record.
(d) A person who requests computerized voter registration information under subsection
(c) must provide a written statement that the person will not:
(1) use the information to solicit merchandise, goods, services, or subscriptions; or
(2) sell, loan, give away, or otherwise deliver the information obtained by the request to any other person;
for a purpose other than political activities or political fundraising activities.
(e) Publication of information obtained under subsection (d) in a news broadcast or newspaper is not prohibited.
As added by P.L.12-1995, SEC.37. Amended by P.L.3-1997, SEC.82; P.L.209-2003, SEC.36; P.L.225-2011, SEC.14; P.L.258-2013, SEC.39; P.L.128-2015, SEC.106.

IC 3-7-27-7 Active voter; determination
Sec. 7. The voter registration records must indicate whether a person is an active voter. The circuit court clerk or board of registration is not required to compile separate lists of active and inactive voters.
As added by P.L.12-1995, SEC.37.

IC 3-7-27-8 Repealed
As added by P.L.12-1995, SEC.37. Amended by P.L.2-1997, SEC.7; P.L.66-2003, SEC.6. Repealed by P.L.258-2013, SEC.40.

IC 3-7-27-9 Repealed
As added by P.L.12-1995, SEC.37. Repealed by P.L.258-2013, SEC.41.

IC 3-7-27-10 Repealed
As added by P.L.12-1995, SEC.37. Repealed by P.L.258-2013, SEC.42.

IC 3-7-27-11 Repealed
As added by P.L.12-1995, SEC.37. Repealed by P.L.3-1997, SEC.475.

IC 3-7-27-12 Availability of information
Sec. 12. Except for information declared confidential under this article, the affidavits or forms must be available at reasonable times during regular office hours for inspection, transcription, and duplication, including photocopy duplication and microfilming, as provided in IC 5-14-3.
As added by P.L.12-1995, SEC.37.

IC 3-7-27-13 Repealed
As added by P.L.12-1995, SEC.37. Amended by P.L.3-1995, SEC.35. Repealed by P.L.3-1997, SEC.475.

IC 3-7-27-14 Repealed
As added by P.L.12-1995, SEC.37. Amended by P.L.3-1995, SEC.36. Repealed by P.L.3-1997, SEC.475.

IC 3-7-27-15 Storage of affidavits or forms
Sec. 15. (a) This section does not apply to a county acting in accordance with section 21.1 or 22 of this chapter.
(b) The county voter registration office shall keep all original affidavits or forms of registration securely arranged and maintained in the office.
As added by P.L.12-1995, SEC.37. Amended by P.L.3-1995, SEC.37; P.L.3-1997, SEC.83; P.L.164-2006, SEC.16; P.L.219-2013, SEC.8; P.L.157-2019, SEC.6.

IC 3-7-27-16 Repealed
As added by P.L.12-1995, SEC.37. Amended by P.L.3-1997, SEC.84. Repealed by P.L.219-2013, SEC.9.

IC 3-7-27-17 Municipalities
Sec. 17. The registration record used at any municipal primary or municipal election is that part of the registration record of the county in which the municipality is located.
As added by P.L.12-1995, SEC.37.

IC 3-7-27-18 Cancellation; entry into record
Sec. 18. When a registration is canceled for any reason prescribed in this chapter, the circuit court clerk or board of registration shall have a proper entry made on the voter registration record indicating the date and the cause for cancellation. The person who canceled the affidavits or forms shall also sign the affidavits or forms.
As added by P.L.12-1995, SEC.37.

IC 3-7-27-19 Cancellation; disposal of affidavit or form
Sec. 19. The original canceled affidavit or form shall be filed and preserved in the office of the clerk or board for the period required by this article and then transferred to the county commission of public records for disposal under IC 5-15-6-7.
As added by P.L.12-1995, SEC.37.

IC 3-7-27-20 Repealed
As added by P.L.3-1995, SEC.38. Amended by P.L.3-1997, SEC.85; P.L.209-2003, SEC.37; P.L.14-2004, SEC.40. Repealed by P.L.164-2006, SEC.143.

IC 3-7-27-20.1 Computerized systems; information from affidavit of registration; duplicate paper copy
Sec. 20.1. (a) The county voter registration office shall prepare an entry in the computerized system that accurately reflects the information set forth in the original affidavit of registration. However, the county voter registration office is required to enter a voter’s voting history for the previous ten (10) years only if that history is available.
(b) The county voter registration office is not required to prepare a duplicate paper copy of a registration properly entered into the computerized system.
As added by P.L.209-2003, SEC.38. Amended by P.L.164-2006, SEC.17.

IC 3-7-27-20.2 Computerized systems; information regarding documentation
Sec. 20.2. (a) The county voter registration office shall prepare an entry in the computerized system indicating:
(1) whether the applicant was required to provide documentation under IC 3-7-33-4.5; and
(2) if so, whether the required documentation has been provided.
(b) If the documentation required under IC 3-7-33-4.5 has been provided, the entry must include the following:
(1) The date the documentation was filed with the county voter registration office.
(2) Whether the documentation was filed with the county voter registration office by:
(A) a precinct election board after the person voted in person at the polling place;
(B) the county election board after the person applied to cast an absentee ballot; or
(C) the applicant as part of the original filing of the application to register to vote, or in a subsequent filing received by the county voter registration office.
(3) A brief description of the type of documentation provided.
The election division shall provide each county voter registration office with a suggested coding system for identifying the types of documentation.
As added by P.L.14-2004, SEC.41. Amended by P.L.164-2006, SEC.18.

IC 3-7-27-21 Repealed
As added by P.L.3-1995, SEC.39. Amended by P.L.209-2003, SEC.39. Repealed by P.L.164-2006, SEC.143.

IC 3-7-27-21.1 Duplicate copies with use of computerized systems; disposal of duplicate paper copies
Sec. 21.1. (a) The county voter registration office is not required to maintain duplicate paper copies of original registrations.
(b) Notwithstanding IC 5-15, a county voter registration office may dispose of duplicate paper copies of original registrations made before January 1, 2006, by destroying the duplicate paper copies.
As added by P.L.209-2003, SEC.40. Amended by P.L.164-2006, SEC.19.

IC 3-7-27-22 Maintenance of original affidavits of registration
Sec. 22. The county voter registration office may maintain the original affidavits of registration in a secure location outside the county voter registration office.
As added by P.L.3-1995, SEC.40. Amended by P.L.209-2003, SEC.41; P.L.164-2006, SEC.20.

IC 3-7-27-23 Repealed
As added by P.L.176-1999, SEC.24. Amended by P.L.209-2003, SEC.42. Repealed by P.L.164-2006, SEC.143.

IC 3-7-28 Chapter 28. County Voter Registration; Providing Records to Candidates and Parties

IC 3-7-28-1 Providing of voter registration information to certain county chairmen; county voter registration office
Sec. 1. The county voter registration office shall provide voter registration information to certain county chairmen and candidates as provided in this chapter.
As added by P.L.12-1995, SEC.38. Amended by P.L.258-2013, SEC.43.

IC 3-7-28-2 Forwarding of copies of applications upon request
Sec. 2. (a) This section does not apply to confidential information included on a voter registration application.
(b) A report containing information regarding all registration applications executed under this article during that part of a registration period ending sixty-five (65) days before a primary, general, or municipal election shall be forwarded not later than sixty (60) days before the election to the following upon request:
(1) Each of the county chairmen of the major political parties of the county.
(2) The chairman of the following:
(A) A bona fide political party that has at least one (1) candidate on the ballot of the election.
(B) An independent candidate’s committee if the candidate is on the ballot at the election.
As added by P.L.12-1995, SEC.38. Amended by P.L.258-2013, SEC.44.

IC 3-7-28-3 Forwarding of a report containing information regarding registration applications
Sec. 3. (a) This section does not apply to confidential information included on a voter registration application.
(b) A report containing information regarding all registration applications executed under this article during that part of a registration period beginning sixty-five (65) days before a primary, general, or municipal election and ending twenty-nine (29) days before the election shall be forwarded daily and within forty-eight (48) hours of the date on which the report was originally made to the following upon request:
(1) Each of the county chairmen of the major political parties of the county.
(2) The chairman of the following:
(A) A bona fide political party that has at least one (1) candidate on the ballot of the election.
(B) An independent candidate’s committee if the candidate is on the ballot at the election.
As added by P.L.12-1995, SEC.38. Amended by P.L.258-2013, SEC.45.

IC 3-7-28-4 List furnished to county chairmen of major political parties
Sec. 4. After the county election board receives a written request from the county chairman of a major political party, one (1) copy of the registered voter list prepared for the inspector of each precinct under IC 3-7-29-1 shall be furnished to the county chairman making the request. The copy shall be furnished to the county chairman as soon as the lists are prepared.
As added by P.L.12-1995, SEC.38. Amended by P.L.3-1997, SEC.86.

IC 3-7-28-5 List furnished upon request
Sec. 5. Upon written request and as soon as the list required by section 4 of this chapter is prepared, a copy of the list shall be furnished to the following:
(1) The county chairman of any political party that has at least one (1) candidate on the ballot in the next election.
(2) The committee of a candidate whose name will appear on the ballot in the next election.
(3) The county chairman of any other bona fide political party.
As added by P.L.12-1995, SEC.38. Amended by P.L.66-2003, SEC.7.

IC 3-7-28-6 Bona fide political parties; procedures to qualify
Sec. 6. To qualify as a bona fide political party under section 5 of this chapter, a political party must file a certification with the clerk of the circuit court of the county that the political party is a bona fide political party together with verifiable factual representations to support the certification.
As added by P.L.12-1995, SEC.38.

IC 3-7-28-7 Lists; additional copies
Sec. 7. Notwithstanding IC 5-14-3-3(f), additional copies of the registration lists prepared for the inspectors of each precinct shall be kept open to the public for inspection and copying in the same manner as other public records under IC 5-14-3 at the office of the circuit court clerk or board of registration as soon as the registration lists are completed.
As added by P.L.12-1995, SEC.38. Amended by P.L.261-2003, SEC.1.

IC 3-7-28-8 Voters receiving voter list maintenance notices; list furnished upon request
Sec. 8. The circuit court clerk or board of registration shall send a list of voters who are mailed voter list maintenance notices under this article to the following upon request:
(1) The county chairmen of the major political parties of the county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate’s committee, if the independent candidate is on the ballot for the next election to be conducted in the county.
As added by P.L.12-1995, SEC.38.

IC 3-7-28-9 Master list showing cancellation of registration
Sec. 9. The circuit court clerk or board of registration shall, following the mailing of voter list maintenance notices under this article and the cancellation of a voter’s registration under this article, prepare a master list of precincts showing all persons whose registrations have been canceled.
As added by P.L.12-1995, SEC.38.

IC 3-7-28-10 Master list showing cancellation of registration; furnishing copies
Sec. 10. The circuit court clerk or board of registration shall furnish copies of the master list, as described in section 9 of this chapter, to the following upon request:
(1) The county chairmen of the major political parties of the county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate’s committee if the candidate is on the ballot for the next general election to be conducted in the county.
As added by P.L.12-1995, SEC.38.

IC 3-7-28-11 Master list showing cancellation of registration; time requirements
Sec. 11. The master list copies shall be prepared and furnished not later than fifteen (15) days after a voter’s registration has been canceled under the voter list maintenance program. As added by P.L.12-1995, SEC.38.

IC 3-7-28-12 List of deceased persons; request
Sec. 12. (a) Each county voter registration office shall send a list of the deceased persons whose registrations have been canceled to the following upon request:
(1) The county chairman of each major political party of the county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate’s committee, if the candidate is on the ballot for the next election to be conducted in the county.
(b) A request filed under this section may state that the list is to include only cancellations made by the county voter registration office within a period specified in the request.
As added by P.L.12-1995, SEC.38. Amended by P.L.225-2011, SEC.15.

IC 3-7-28-13 List of disfranchised voters; request
Sec. 13. (a) Each county voter registration office shall send a list of disfranchised voters whose registrations have been canceled to the following upon request:
(1) The county chairmen of the major political parties of the county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate’s committee, if the candidate is on the ballot for the next general election to be conducted in the county.
(b) A request filed under this section may state that the list is to include only cancellations made by the county voter registration office within a period specified in the request.
As added by P.L.12-1995, SEC.38. Amended by P.L.225-2011, SEC.16.

IC 3-7-28-14 List of canceled registrations; request
Sec. 14. (a) Each county voter registration office shall provide a list of the names and addresses of all voters whose registrations have been canceled under this article to the following upon request:
(1) The county chairmen of the major political parties of the county.
(2) The chairman of the following:
(A) A bona fide political party of the county.
(B) An independent candidate’s committee participating in a primary, general, or municipal election.
Upon request the county voter registration office shall report cancellations daily and within forty-eight (48) hours after the day on which the cancellations were made, until election day.
(b) A request filed under this section may state that the list is to include only cancellations made by the county voter registration office within a period specified in the request.
As added by P.L.12-1995, SEC.38. Amended by P.L.225-2011, SEC.17; P.L.219-2013, SEC.10.

IC 3-7-29 Chapter 29. County Voter Registration; Providing Records to Precinct Inspectors

IC 3-7-29-1 List of registered voters
Sec. 1. (a) Except as provided in subsection (f), this section does not apply to a county that:
(1) has adopted an order under section 6(a)(1) of this chapter; or
(2) is a vote center county under IC 3-11-18.1.
(b) Not later than ten (10) days before the election at which the registration record is to be used, the county voter registration office shall prepare certified copies of the list of registered voters for each precinct in the county.
(c) The lists must contain the following information concerning each registered voter:
(1) The full name of the voter.
(2) The address of the voter.
(3) The assigned voter identification number.
(4) Whether the voter is required to provide additional identification before voting either in person or by absentee ballot.
(5) The date of birth of the voter, including an indication whether the voter is less than eighteen (18) years of age for a poll list used in a primary election.
(6) The scanned signature of the voter.
(7) Whether the voter is required to provide an affirmation of the voter’s residence.
(8) A bar code that allows the county voter registration office to efficiently record whether the voter has signed the poll list.
(9) For a poll list used in a primary election, a letter abbreviation of the name of the major political party whose ballot the voter has requested.
(10) A space for a poll clerk to indicate when a voter has cast an absentee ballot.
(11) A space for a poll clerk to indicate when a voter has cast a provisional ballot.
(12) For a voter required to submit additional documentation required under IC 3-7-33-4.5, a space for a poll clerk to insert letters serving as an abbreviation for the type of documentation provided by the voter.
(d) The names shall be arranged in the same order as they are in the registration record of the precinct.
(e) The poll list must also contain a statement at the top of each page indicating that an individual who knowingly makes a false statement:
(1) by signing a poll list; or
(2) on a poll list concerning the individual’s name, voter identification number, or residence address;
commits a Level 6 felony as provided by IC 3-14-2-11.
(f) This subsection applies to a county that has adopted an order under section 6(a)(1) of this chapter or is a vote center county under IC 3-11-18.1. The precinct election board shall post in a location within the precinct or vote center a notice that:
(1) is clearly visible to an individual (or to an individual providing assistance under IC 3-11-9) who is providing information to a precinct election officer using an electronic poll book; and
(2) indicates that an individual commits a Level 6 felony under IC 3-14-2-11, if the individual knowingly makes a false statement to a precinct election officer concerning:
(A) the individual’s name;
(B) the individual’s voter identification number; or
(C) the individual’s residence address.
As added by P.L.12-1995, SEC.39. Amended by P.L.209-2003, SEC.43; P.L.81-2005, SEC.14; P.L.271-2013, SEC.2; P.L.258-2013, SEC.46; P.L.64-2014, SEC.11; P.L.169-2015, SEC.30.

IC 3-7-29-2 List for use on election day
Sec. 2. (a) This section does not apply to a county that:
(1) has adopted an order under section 6(a)(1) of this chapter; or
(2) is a vote center county under IC 3-11-18.1.
(b) After the county election board receives a request from the county chairman of a major political party, not more than two (2) copies of the list required by this chapter shall be prepared and furnished to the inspector of the precinct for use at the polls on election day. The inspector may provide a list furnished under this section to any other precinct officer. As added by P.L.12-1995, SEC.39. Amended by P.L.3-1997, SEC.87; P.L.271-2013, SEC.3; P.L.169-2015, SEC.31.

IC 3-7-29-3 Supplies
Sec. 3. (a) This section does not apply to a county that:
(1) has adopted an order under section 6(a)(1) of this chapter; or
(2) is a vote center county under IC 3-11-18.1.
(b) When the inspector of a precinct procures the ballots and other election supplies for an election, the inspector shall also procure from the county voter registration office the certified copies of the registration record of the precinct with the information required under section 1 of this chapter and other necessary registration supplies.
As added by P.L.12-1995, SEC.39. Amended by P.L.3-1995, SEC.41; P.L.209-2003, SEC.44; P.L.164-2006, SEC.21; P.L.271-2013, SEC.4; P.L.258-2013, SEC.47; P.L.169-2015, SEC.32.

IC 3-7-29-4 Photocopy of signatures
Sec. 4. (a) This section does not apply to a county that:
(1) has adopted an order under section 6(a)(1) of this chapter; or
(2) is a vote center county under IC 3-11-18.1.
(b) The county voter registration office may also provide the inspector of each precinct in the county with a scanned copy of the signature on the affidavit of registration (or a more recent signature of the voter from an absentee application, poll list, or registration document) of each voter of the precinct for the comparison of signatures under IC 3-10-1-24.6 or IC 3-11-8-25.1.
As added by P.L.12-1995, SEC.39. Amended by P.L.209-2003, SEC.45; P.L.164-2006, SEC.22; P.L.271-2013, SEC.5; P.L.64-2014, SEC.12; P.L.169-2015, SEC.33.

IC 3-7-29-5 Duties of inspector on election day
Sec. 5. The inspector shall have the record or copies and supplies at the polls on election day. The inspector shall return the registration record or copies and supplies at the same time when other election supplies and ballots are returned.
As added by P.L.12-1995, SEC.39.

IC 3-7-29-6 Use of electronic poll lists; adoption of order
Sec. 6. (a) A county election board may adopt an order to provide an electronic poll book to the inspector for use at the following:
(1) Polling places, an office of the circuit court clerk (under IC 3-11-10-26), at satellite offices established under IC 3-11-10-26.3, and vote centers established under IC 3-11-18.1-4. Electronic poll books shall be used at an election (rather than certified poll lists prepared under this chapter) in all locations in which the election is to be conducted.
(2) Only at an office of the circuit court clerk (under IC 3-11-10-26) and satellite offices established under IC 3-11-10-26.3.
(b) An order adopted under subsection (a) must require the use of an electronic signature (as defined in IC 26-2-8-102) to sign an electronic poll book at an election (rather than requiring voters to sign certified poll lists prepared under this chapter) at each location that an electronic poll book is used.
(c) The county voter registration office shall download the information required to be available on an electronic poll book before the electronic poll list is delivered and installed as required by IC 3-11-3-11(b).
(d) An electronic poll book used under an order adopted under subsection (a) must:
(1) comply with IC 3-11-8-10.3; and
(2) be approved by the secretary of state in accordance with the procedures set forth in IC 3-11-18.1-12.
As added by P.L.271-2013, SEC.6. Amended by P.L.258-2013, SEC.48; P.L.64-2014, SEC.13; P.L.169-2015, SEC.34.

IC 3-7-30 Chapter 30. Voter Registration Record Confidentiality Requirements and Use Restrictions

IC 3-7-30-1 Records indicating identity of voter
Sec. 1. As required under 52 U.S.C. 20507(a)(6), the records of the statewide voter registration system or a county voter registration office indicating the identity of the voter registration agency through which an individual registered are confidential.
As added by P.L.12-1995, SEC.40. Amended by P.L.209-2003, SEC.46; P.L.128-2015, SEC.107.

IC 3-7-30-2 Declination
Sec. 2. As provided in 52 U.S.C. 20504(c), the fact that an applicant declined to register at a license branch or at a voter registration agency is confidential.
As added by P.L.12-1995, SEC.40. Amended by P.L.14-2004, SEC.42; P.L.128-2015, SEC.108.

IC 3-7-30-3 Driver’s license
Sec. 3. A person shall not use information relating to the failure of an applicant for a driver’s license to apply for voter registration for any purpose other than voter registration, as required under 52 U.S.C. 20504(b).
As added by P.L.12-1995, SEC.40. Amended by P.L.3-1997, SEC.88; P.L.128-2015, SEC.109.

IC 3-7-30-4 Uses and prohibitions of registration list
Sec. 4. (a) This section applies to the following:
(1) A county chairman who receives a certified list of registered voters prepared for a precinct inspector under this article.
(2) A person who receives a list from a county chairman described in subdivision (1).
(b) A list received under subsection (a) may not be:
(1) disclosed by a person who receives the list under subsection (a) to a commercial entity for commercial purposes; or
(2) used by a commercial entity for commercial purposes.
(c) A person may:
(1) use information obtained under this section in connection with the preparation of a news broadcast or a publication in a newspaper; and
(2) publish information obtained under this section in a news broadcast or newspaper.
As added by P.L.12-1995, SEC.40.

IC 3-7-30-5 Statewide voter file; uses
Sec. 5. Certain uses of information from the statewide voter file are prohibited under IC 3-7-26.3.
As added by P.L.12-1995, SEC.40. Amended by P.L.209-2003, SEC.47; P.L.164-2006, SEC.23.

IC 3-7-30-6 Statewide voter file; confidential information
Sec. 6. Certain voter registration information in the statewide voter registration file maintained by the election division under IC 3-7-26.3 is confidential.
As added by P.L.12-1995, SEC.40. Amended by P.L.3-1997, SEC.89; P.L.209-2003, SEC.48; P.L.164-2006, SEC.24.

IC 3-7-31 Chapter 31. Registration Forms; Content

IC 3-7-31-1 Duties of commission
Sec. 1. (a) The election division shall prescribe the forms required or permitted under NVRA or this article.
(b) The election division shall make the forms available on the website maintained by the election division. A form must be made available so that an individual can download the form for completion.
As added by P.L.12-1995, SEC.41. Amended by P.L.2-1996, SEC.59; P.L.199-2001, SEC.10; P.L.169-2015, SEC.35.

IC 3-7-31-2 Forms prescribed by commission
Sec. 2. Except as provided under section 3 of this chapter, the county voter registration office shall use the forms prescribed by the election division under section 1 of this chapter. As added by P.L.12-1995, SEC.41. Amended by P.L.2-1996, SEC.60; P.L.258-2013, SEC.49; P.L.169-2015, SEC.36.

IC 3-7-31-3 Modifications
Sec. 3. A county voter registration office may make minor modifications to registration forms to use the form in the county registration records after filing a copy of the modified form with the election division.
As added by P.L.12-1995, SEC.41. Amended by P.L.258-2013, SEC.50.

IC 3-7-31-4 Forms used to apply for registration
Sec. 4. (a) A form used to apply for registration at a license branch must comply with 52 U.S.C. 20504(c)(2) and 52 U.S.C. 20504(d).
(b) A form used to apply for registration at:
(1) a public assistance agency designated under IC 3-7-15;
(2) an agency serving persons with disabilities designated under IC 3-7-16;
(3) an additional office designated under IC 3-7-18 or IC 3-7-19; or
(4) an office of the department of employment and training services designated under IC 3-7-20.5;
must comply with 52 U.S.C. 20506(a)(6).
As added by P.L.12-1995, SEC.41. Amended by P.L.3-1997, SEC.90; P.L.2-1998, SEC.5; P.L.81-2005, SEC.15; P.L.128-2015, SEC.110.

IC 3-7-31-5 Contents of forms
Sec. 5. (a) The registration forms prescribed under section 1 of this chapter must:
(1) provide for the residence address and the mailing address of the individual completing the forms;
(2) contain a statement that a notice of disposition of the person’s registration application will be mailed to the mailing address of the individual;
(3) require the applicant to provide the applicant’s voter identification number;
(4) require an individual subject to IC 3-7-32-8 who receives a completed application from the applicant to state on the application the name and residence address of the individual and the date on which the individual received the application from the

applicant, with this statement being certified to by the individual under the penalties for perjury;
(5) contain a receipt to be given by an individual subject to IC 3-7-32-8 to the applicant when the individual receives the completed application; and
(6) if the form is a mail registration form:
(A) include the age and citizenship questions listed in IC 3-7-22-5; and
(B) contain a receipt to be given by an individual to an applicant who transmits the application to the individual.
The receipt provided under subdivisions (5) and (6) must state the name and residence address of the individual and the date on which the individual took custody of the application.
(b) Any version of a form approved by the commission under section 1 of this chapter before August 1, 2013, may not be used after December 31, 2013, or accepted by a county voter registration office under IC 3-5-4-8.
As added by P.L.12-1995, SEC.41. Amended by P.L.3-1997, SEC.91; P.L.199-2001, SEC.11; P.L.258-2013, SEC.51; P.L.169-2015, SEC.37.

IC 3-7-31-6 Repealed
As added by P.L.12-1995, SEC.41. Repealed by P.L.199-2001, SEC.29.

IC 3-7-31-7 Repealed
As added by P.L.12-1995, SEC.41. Repealed by P.L.2-1996, SEC.297.

IC 3-7-31-8 Duties of circuit court clerk or board of registration
Sec. 8. A circuit court clerk or board of registration shall provide a sufficient number of affidavits of registration for the registration of voters residing in the county. The clerk or board shall also prepare and provide all other supplies needed to permit the registration of voters as provided in this title.
As added by P.L.12-1995, SEC.41.

IC 3-7-32 Chapter 32. Registration Forms; Completion by Voters

IC 3-7-32-1 Execution of forms
Sec. 1. (a) Each voter shall execute an original registration form.
(b) An applicant’s original registration form may not be signed by a person acting for the applicant under IC 30-5-5-14.
As added by P.L.12-1995, SEC.42. Amended by P.L.2-1996, SEC.61; P.L.81-2005, SEC.16.

IC 3-7-32-2 Method of signature
Sec. 2. A registration application must be signed:
(1) in indelible ink or indelible pencil; or
(2) with an electronic signature in a manner authorized under:
(A) IC 3-7-26.3 if submitted to a license branch under IC 3-7-14; or
(B) IC 3-7-26.7 (online voter registration).
As added by P.L.12-1995, SEC.42. Amended by P.L.14-2004, SEC.43; P.L.164-2006, SEC.25; P.L.120-2009, SEC.4.

IC 3-7-32-3 Repealed
As added by P.L.12-1995, SEC.42. Repealed by P.L.2-1996, SEC.297.

IC 3-7-32-4 Fax or electronic transmission
Sec. 4. A voter may not submit a registration application by fax or an electronic transmission except:
(1) a voter who is an absent uniformed services voter or overseas voter submitting a registration application on the combined absentee registration form and absentee ballot request approved under 52 U.S.C. 20301(b);
(2) as provided in IC 3-7-26.3; or
(3) as provided in IC 3-7-26.7.
As added by P.L.12-1995, SEC.42. Amended by P.L.126-2002, SEC.23; P.L.14-2004, SEC.44; P.L.198-2005, SEC.1; P.L.164-2006, SEC.26; P.L.66-2010, SEC.1; P.L.128-2015, SEC.111.

IC 3-7-32-5 Notice of disposition; acknowledgment
Sec. 5. (a) This section does not apply to a registration by mail form.
(b) Each voter applying to register at the county voter registration office shall, upon completing the voter registration form, receive a notice of disposition stating whether the voter’s name has been added to the registration rolls if the application is approved.
(c) Each voter applying to register before a bureau of motor vehicles commission or voter registration agency shall, upon completing the voter registration application form, receive a registration acknowledgement stating that the registration form will be forwarded to the appropriate county voter registration office so that the voter’s name may be added to the registration rolls if the application is approved.
As added by P.L.12-1995, SEC.42. Amended by P.L.2-1996, SEC.62; P.L.3-1997, SEC.92.

IC 3-7-32-6 Repealed
As added by P.L.12-1995, SEC.42. Repealed by P.L.2-1996, SEC.297.

IC 3-7-32-7 Voters unable to write
Sec. 7. (a) If the voter is unable to execute an original registration application in a manner authorized under section 1 of this chapter, the voter may procure another individual to assist with the execution of the application.
(b) If the voter is unable to sign the application, the person assisting the voter may write the voter’s name in the space provided for the voter’s signature. Unless the voter is physically unable to do so, the voter shall also make the voter’s mark in the space provided for the voter’s signature.
(c) The person assisting the voter with the execution of the application shall write the person’s own name and residence address on the affidavit in the space indicated for that purpose.
As added by P.L.12-1995, SEC.42. Amended by P.L.258-2013, SEC.52.

IC 3-7-32-8 Filing of completed application forms; time frame
Sec. 8. (a) This section does not apply to a voter registration application received by any of the following:
(1) An employee of a license branch:
(A) acting in accordance with IC 3-7-14; or
(B) who voluntarily:
(i) receives an application for voter registration by mail; and
(ii) forwards the application to a county voter registration office as part of the license branch’s transmittal of other applications under IC 3-7-14.
(2) An employee of a public assistance agency:
(A) acting in accordance with IC 3-7-15; or
(B) who voluntarily:
(i) receives an application for voter registration by mail; and
(ii) forwards the application to a county voter registration office as part of the agency’s transmittal of other applications under IC 3-7-15.
(3) An employee of an agency serving persons with disabilities:
(A) acting in accordance with IC 3-7-16; or
(B) who voluntarily:
(i) receives an application for voter registration by mail; and
(ii) forwards the application to a county voter registration office as part of the agency’s transmittal of other applications under IC 3-7-16.
(4) An employee of an office designated under IC 3-7-18:
(A) acting in accordance with that chapter; or
(B) who voluntarily:
(i) receives an application for voter registration by mail; and
(ii) forwards the application to a county voter registration office as part of the office’s transmittal of other applications under IC 3-7-18.
(5) An employee of an office designated under IC 3-7-19:
(A) acting in accordance with that chapter; or
(B) who voluntarily:
(i) receives an application for voter registration by mail; and
(ii) forwards the application to a county voter registration office as part of the office’s transmittal of other applications under IC 3-7-19.
(6) An employee of the office of the department of employment and training services:
(A) acting in accordance with IC 3-7-20.5; or
(B) who voluntarily:
(i) receives an application for voter registration by mail; and
(ii) forwards the application to a county voter registration office as part of the office’s transmittal of other applications under IC 3-7-20.5.
(7) An employee of the United States Postal Service or a bonded courier company, acting in the individual’s capacity as an employee of the United States Postal Service or a bonded courier company.
(8) A member of the applicant’s household.
(9) An applicant’s attorney in fact under IC 30-5-5-14.
(10) The election division acting in accordance with IC 3-7-33-3.7.
(11) A state agency or county voter registration office receiving an application through the online voter registration system under IC 3-7-26.7.
(12) A precinct election officer acting in the officer’s official capacity under IC 3-6-6.
(13) A county voter registration officer acting in accordance with IC 3-7.
(b) A person who receives a completed application form shall file the application with the appropriate county voter registration office or the election division not later than:
(1) noon ten (10) days after the person who initially received the completed application from the voter registration applicant received the application; or
(2) the deadline set by state law for filing the application with the county voter registration office;
whichever occurs first. The ten (10) day filing requirement applies to the delivery of a mail registration form whether prescribed by the United States Election Assistance Commission or the election division.
(c) If a person receives a completed voter registration application that the person has reason to believe is materially false, fictitious, or fraudulent, the person shall deliver the application to the appropriate county election board not later than the deadline set forth in subsection (b), with a statement sworn or affirmed to under the penalties for perjury, setting forth the reasons why the person believes the application may be materially false, fictitious, or fraudulent. The county election board shall act under IC 3-6-5-31 to determine if a violation of election law has occurred.
As added by P.L.258-2013, SEC.53. Amended by P.L.64-2014, SEC.14; P.L.169-2015, SEC.38.

IC 3-7-33 Chapter 33. Registration Forms; General Procedures for Processing by Counties

IC 3-7-33-1 Applicability of chapter
Sec. 1. This chapter applies to the processing of registration forms by a county voter registration office.
As added by P.L.12-1995, SEC.43. Amended by P.L.81-2005, SEC.17.

IC 3-7-33-2 Repealed
As added by P.L.12-1995, SEC.43. Amended by P.L.209-2003, SEC.49. Repealed by P.L.164-2006, SEC.143.

IC 3-7-33-3 Acceptance not later than 29 days before election; driver’s license application; voter registration agency
Sec. 3. (a) This section applies to a voter registration application that is:
(1) completed as part of a driver’s license application under IC 3-7-14; or
(2) submitted at a voter registration agency under this article.
(b) As provided in 52 U.S.C. 20507(a)(1), an eligible applicant whose application is accepted by the bureau of motor vehicles or a voter registration agency not later than twenty-nine (29) days before the election shall be registered to vote in the election.
As added by P.L.12-1995, SEC.43. Amended by P.L.128-2015, SEC.112.

IC 3-7-33-3.5 Online application deadline
Sec. 3.5. (a) This section applies to a voter registration application submitted online in accordance with IC 3-7-26.7.
(b) An eligible applicant who submits a complete application online in accordance with IC 3-7-26.7 not later than midnight on the twenty-ninth day before the election shall be registered to vote in the election.
As added by P.L.120-2009, SEC.5.

IC 3-7-33-3.7 Submission of voter registration application to election division in person or by mail; forwarding of application to county voter registration office
Sec. 3.7. (a) This section applies to a voter registration application submitted to the election division in person or by mail.
(b) An eligible applicant:
(1) who submits a completed application; or
(2) on whose behalf a completed application is submitted;
in person to the election division not later than 5 p.m. on the twenty-ninth day before an election shall be registered to vote in the election.
(c) An eligible applicant:
(1) who submits a completed application; or
(2) on whose behalf a completed application is submitted;
by mail to the election division shall be registered to vote in the election, if the application is postmarked not later than the twenty-ninth day before the election. If a postmark on an application submitted by mail is missing or illegible, an eligible applicant shall be registered to vote in the election, if the application is received by the election division not later than the Monday following the close of the registration period.
(d) The election division shall promptly forward an application received under this section to the county voter registration office of the county where the applicant resides. However, the election division shall not transmit to a county voter registration office an application that cannot be processed during the period when registration is closed under IC 3-7-13-10 until at least seven (7) days after the date of the close of registration. The election division shall clearly identify the applications described by this subsection in the transmittal to the county voter registration office as “late registrations”.
As added by P.L.225-2011, SEC.18. Amended by P.L.258-2013, SEC.54.

IC 3-7-33-4 Acceptance not later than 29 days before election; mail form; postmark
Sec. 4. (a) This section applies to a voter registration application submitted on a registration by mail form under IC 3-7-22.
(b) Except as provided in subsection (c), and as provided in 52 U.S.C. 20507(a)(1), an eligible applicant whose application is postmarked not later than twenty-nine (29) days before the election shall be registered to vote in the election.
(c) If a postmark on a registration by mail form is missing or illegible, an eligible applicant shall be registered to vote in the election if the form is received by the county voter registration office not later than the Monday following the close of the registration period before the election.
As added by P.L.12-1995, SEC.43. Amended by P.L.209-2003, SEC.50; P.L.14-2004, SEC.45; P.L.128-2015, SEC.113.

IC 3-7-33-4.5 Additional documentation required for certain voters
Sec. 4.5. (a) Except as provided in subsection (b), this section applies to an individual who:
(1) submits an application to register to vote by mail under IC 3-7-22; and
(2) has not previously voted in:
(A) a general election in Indiana (or a special election for federal office in Indiana); or
(B) a general election (or a special election for federal office) in the county where the individual has submitted an application under this chapter if the application was received by the county voter registration office after December 31, 2002, and before January 1, 2006.
(b) This section does not apply to an individual who complies with the requirements in any of the following:
(1) The individual submits an application to register to vote by mail under this chapter and includes with that mailing a copy of:
(A) a current and valid photo identification; or
(B) a current utility bill, bank statement, government check, paycheck, or government document;
that shows the name and residence address of the voter stated on the voter registration application.
(2) The individual submits an application to register to vote by mail under this chapter that includes:
(A) the individual’s Indiana driver’s license number; or
(B) the last four (4) digits of the individual’s Social Security number;
and the county voter registration office or election division matches the information submitted by the applicant with an existing Indiana identification record bearing the same number, name, and date of birth set forth in the voter registration application.
(3) The individual is an absent uniformed services voter or overseas voter.
(4) The individual is entitled to vote other than in person under the federal Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii)) due to a determination by the election division that a permanent or temporarily accessible polling place cannot be provided for the individual.
(5) The individual is entitled to vote other than in person under any other federal law.
(c) When a county voter registration office receives a voter registration application by mail, the office shall determine whether the applicant is subject to the requirements to provide additional documentation under this section and 52 U.S.C. 21083.
(d) As required by 52 U.S.C. 21083, a county voter registration office shall administer the requirements of this section in a uniform and nondiscriminatory manner.
(e) If the county voter registration office determines that the applicant:
(1) is not required to submit additional documentation under this section; or
(2) has provided the documentation required under this section;
the county voter registration office shall process the application in accordance with section 5 of this chapter.
(f) If the county voter registration office determines that the applicant is required to submit additional documentation under this section and 52 U.S.C. 21083, the office shall process the application under section 5 of this chapter and, if the applicant is otherwise eligible to vote, add the information concerning this documentation to the voter’s computerized registration entry under IC 3-7-27-20.2.
(g) The county voter registration office shall remove the notation described in subsection
(f) after the voter votes in an election for a federal office.
As added by P.L.209-2003, SEC.51. Amended by P.L.14-2004, SEC.46; P.L.164-2006, SEC.27; P.L.225-2011, SEC.19; P.L.128-2015, SEC.114.

IC 3-7-33-5 Determination of eligibility; notice of receipt of application; cancellation of registration at applicants former address; notice
Sec. 5. (a) When the county voter registration office receives an application for a new registration or an application with information that revises or adds information to the applicant’s current voter registration record, the county voter registration office shall determine if the applicant appears to be eligible to register to vote based on the information in the application.
(b) This subsection does not apply to a voter who indicates:
(1) under IC 3-7-39-7 or on an absentee application submitted under IC 3-11-4 that the voter has changed the voter’s residence to an address within the same precinct where the voter’s former address was located; or
(2) under IC 3-7-41 or an absentee application submitted under IC 3-11-4 that the voter has changed the voter’s name.

As required under 52 U.S.C. 20507(a)(2), the county voter registration office shall send a notice to each person from whom the county voter registration office receives a voter registration application. The county voter registration office shall send a notice to the applicant at the mailing address provided in the application.
(c) The notice required by subsection (b) must set forth the following:
(1) A statement that the application has been received.
(2) The disposition of the application by the county voter registration office.
(3) If the county voter registration office determines that the applicant appears to be eligible, the notice must state the following:
(A) Except as provided under subsection (g), the applicant is registered to vote under the residence address when the applicant receives the notice. An applicant is presumed to have received the notice unless the notice is returned by the United States Postal Service due to an unknown or insufficient address and received by the county voter registration office not later than seven (7) days after the notice is mailed to the applicant.
(B) The name of the precinct in which the voter is registered.
(C) The address of the polling place for the precinct in which the voter is registered.
(4) In accordance with 52 U.S.C. 20302(d), if the county voter registration office has denied the application, the notice must include the reasons for the denial.
(d) The notice required by subsection (b) may not include a voter identification number.
(e) The notice required by subsection (b) may include a voter registration card.
(f) If the notice is returned by the United States Postal Service due to an unknown or insufficient address, the county voter registration office shall determine that the applicant is ineligible and deny the application.
(g) During the seven (7) days following the mailing of the notice to the voter under this section, the county voter registration office shall indicate in the computerized list maintained under IC 3-7-26.3 that the application is pending. If the notice:
(1) is not returned by the United States Postal Service and received by the county voter registration office at; or
(2) is received by the applicant by United States Postal Service delivery and presented in person by the applicant to the county voter registration office before;

the expiration of the seven (7) day period under subsection (c), the county voter registration office shall indicate in the computerized list that the applicant is a registered voter at the address set forth by the applicant as the applicant’s current address.
(h) If:
(1) the application for a new registration or an application with information that revises or adds information to the applicant’s current registration record states that the applicant formerly resided or was registered at an address outside the precinct where the address set forth in the application is located; and
(2) the application is denied by the county voter registration office under subsection (f);

the county voter registration office shall cancel any registration record of the voter at the address which the applicant stated is no longer the legal residence of the applicant. If a registration record is canceled under this subsection, the voter may nonetheless vote a regular official ballot at the previous address if the voter makes an oral or written affirmation under IC 3-7-48-5(b) that the voter continues to reside at the previous address.
(i) If the county voter registration office cancels a voter’s registration record at an address that the applicant has stated is no longer the legal residence of the applicant under subsection (h), the county voter registration office shall send the voter a notice prescribed by the election division and generated from the computerized list maintained under IC 3-7-26.3 by forwardable mail to the voter’s residence address that was canceled. The notice must state the following:
(1) That the voter’s registration application was denied under subsection (f).
(2) That the voter’s registration record at the address that the applicant has stated is no longer the legal residence of the applicant has been canceled under subsection (h).
(3) That if the voter wants to register to vote at the voter’s current residence address, the voter must complete and submit a new application before the end of the next registration period described in IC 3-7-13-10.

A voter registration application must be sent with the notice required under this subsection.
(j) This subsection applies if the notice is mailed by the county voter registration office after the certified list is prepared under IC 3-7-29. If:
(1) the seven (7) day period under subsection (c) expires before election day;
(2) the applicant has not presented the notice mailed under subsection (b) to the county voter registration office as provided under subsection (g); and
(3) the applicant would otherwise have been included on the certified list;

the county voter registration office shall prepare a certificate of error under IC 3-7-48 to note the addition of the voter to the certified list.
(k) This subsection applies if the notice is mailed by the county voter registration office after the certified list is prepared under IC 3-7-29. If:
(1) the seven (7) day period has not expired before election day; and
(2) the applicant has not presented the notice mailed under subsection (b) to the county voter registration office as provided under subsection (g);

the county voter registration office shall notify the county election board. The county election board shall certify to the inspector of the precinct where the applicant resides that the applicant’s voter registration application is pending, and that the voter, subject to fulfilling the requirements of IC 3-11.7, is entitled to cast a provisional ballot.
As added by P.L.12-1995, SEC.43. Amended by P.L.3-1995, SEC.42; P.L.4-1996, SEC.20; P.L.122-2000, SEC.3; P.L.209-2003, SEC.52; P.L.81-2005, SEC.18; P.L.164-2006, SEC.28;
P.L.14-2013, SEC.1; P.L.64-2014, SEC.15; P.L.128-2015, SEC.115; P.L.169-2015, SEC.39; P.L.278-2019, SEC.15.

IC 3-7-33-5.5 Determining eligibility of an applicant; applications received after date specified for filing
Sec. 5.5. (a) This section applies to a voter registration application that is received by a county voter registration office after the date specified for filing the application under IC 3-7-32-8.

(b) In determining the eligibility of the applicant, the county voter registration office may not reject the application solely on the ground that an individual who received the application from the applicant failed to comply with IC 3-7-32-8. However, the county voter registration office shall, not later than three (3) days after receipt of the application, provide notice of the apparent violation of IC 3-7-32-8 to the county election board for appropriate action under IC 3-6-5-31.
As added by P.L.258-2013, SEC.55.

IC 3-7-33-6 Removal from rolls
Sec. 6. As provided by 52 U.S.C. 20505(d), if:
(1) the county voter registration office mails a notice of the disposition of a voter registration application under section 5(b) of this chapter by nonforwardable mail; and
(2) the notice is returned as undeliverable, after the applicant is added to the registration rolls under section 5 of this chapter;
the county voter registration office may initiate steps to remove the voter from the registration rolls as provided in 52 U.S.C. 20507(d) and this article.
As added by P.L.12-1995, SEC.43. Amended by P.L.3-1995, SEC.43; P.L.3-1997, SEC.93; P.L.122-2000, SEC.4; P.L.128-2015, SEC.116.

IC 3-7-33-7 Repealed
As added by P.L.12-1995, SEC.43. Repealed by P.L.3-1995, SEC.157.

IC 3-7-33-8 Scanning documents related to voter registration records
Sec. 8. Upon receiving a paper document that creates, amends, or cancels the voter registration record of an individual in the computerized list maintained under IC 3-7-26.3, the county voter registration office shall scan the paper document and attach the scanned image to the voter’s file in the computerized list. This section requires the scanning of a voter registration application that is subsequently rejected.
As added by P.L.116-2018, SEC.2.

IC 3-7-34 Chapter 34. Registration Forms; Special Procedures for Processing Incomplete or Incorrectly Filed Applications

IC 3-7-34-1 Applicability of chapter
Sec. 1. This chapter applies when a county voter registration office receives a registration form that is not properly completed under:
(1) IC 3-7 or 52 U.S.C. 21083; or
(2) is filed in an incorrect county.
As added by P.L.12-1995, SEC.44. Amended by P.L.209-2003, SEC.53; P.L.81-2005, SEC.19; P.L.128-2015, SEC.117.

IC 3-7-34-1.5 “Incomplete” registration forms
Sec. 1.5. (a) For purposes of this chapter, a registration form is “incomplete” if the applicant does not provide any of the following:
(1) The name of the applicant.
(2) The residence address of the applicant (other than the ZIP code).
(3) The mailing address of the applicant (other than the ZIP code), unless the applicant provides a residence address at which United States Postal Service mail delivery for the applicant can be received.
(4) The date of birth of the applicant.
(5) The voter identification number of the applicant or a statement that the applicant has no voter identification number.
(6) The applicant’s response to the question, “Are you a citizen of the United States of America?”.
(7) The applicant’s response to the question, “Will you be at least eighteen (18) years of age on or before election day?”.
(8) A map, description, or diagram sufficient to permit locating the voter’s residence (if the applicant has no residence address with a street number or name included on this application).
(9) The signature of the applicant to the statement swearing or affirming that:
(A) the applicant meets the requirements for approval of the application;
(B) the information and all other statements on the application are true; and
(C) the applicant understands if the applicant signs the statement knowing that the statement is not true, the applicant is committing perjury, and understands the penalties for committing perjury.

(b) For purposes of this chapter, a registration form is “incomplete” if a person who received a completed application from the applicant does not provide any of the following:
(1) The name and residence address of the individual who received the application.
(2) The date on which the individual received the application from the applicant.
(3) The signature of the individual certifying this information.
As added by P.L.258-2013, SEC.56. Amended by P.L.64-2014, SEC.16.

IC 3-7-34-1.7 “Registration form”
Sec. 1.7. As used in this chapter, “registration form” includes an application for registration or a request to transfer the voter’s registration to another address.
As added by P.L.81-2005, SEC.20.

IC 3-7-34-2 Duties of county voter registration office when registration application incomplete
Sec. 2. (a) This section applies when a county voter registration office receives a registration form that is not fully and properly completed so that the county voter registration office can:
(1) administer voter registration and other parts of the election process (as provided by 52 U.S.C. 20508); or
(2) determine if the applicant is eligible to register under this article, including when the applicant fails to answer either of the questions set forth in IC 3-7-22-5(3) or IC 3-7-22-5(4).
(b) As required by 52 U.S.C. 21083, the county voter registration office shall promptly make:
(1) one (1) effort to contact the voter by mail if possible; and
(2) one (1) effort to contact the voter by telephone if a telephone number is listed. As added by P.L.12-1995, SEC.44. Amended by P.L.209-2003, SEC.54; P.L.81-2005, SEC.21; P.L.258-2013, SEC.57; P.L.128-2015, SEC.118.

IC 3-7-34-3 Incomplete forms
Sec. 3. (a) This subsection applies to a registration form that is incomplete as a result of the failure of the applicant to answer either of the questions set forth in IC 3-7-22-5(3) or IC 3-7-22-5(4). If the county voter registration office obtains a written statement from the applicant:
(1) answering either or both of the questions that were not answered on the original form; and
(2) not later than the twenty-ninth day before the date of the next election following the date the form was filed;
the county voter registration office shall process the form under this article.
(b) This subsection applies to a registration application that is incomplete for a reason other than the failure of the applicant to answer either of the questions set forth in IC 3-7-22-5(3) or IC 3-7-22-5(4). If the county voter registration office obtains information under section 2(b)(1) of this chapter that permits the county voter registration office to complete the registration form, the county voter registration office shall process the form under this article. If the county voter registration office obtains information under section 2(b)(2) of this chapter from the voter that permits the county voter registration office to complete the registration form, the county voter registration office shall document the information and process the form under this article.
As added by P.L.12-1995, SEC.44. Amended by P.L.209-2003, SEC.55; P.L.81-2005, SEC.22.

IC 3-7-34-4 Certification of incomplete forms to board; rejection
Sec. 4. (a) This section does not apply to an absent uniformed services voter who submits a registration application less than ten (10) days before the election under IC 3-7-36.
(b) Not later than ten (10) days before the election, the county voter registration office shall certify to the county election board a list of the registration forms that remain incomplete after the effort made under section 2 of this chapter and that do not permit the county voter registration office to determine if the applicant is eligible to register under this article. Upon certification, the county voter registration office shall reject the applications. As added by P.L.12-1995, SEC.44. Amendedby P.L.81-2005, SEC.23; P.L.64-2014, SEC.17.

IC 3-7-34-4.5 Processing of voter-completed application lacking information required from individual who received completed application
Sec. 4.5. (a) This section applies to an application that is incomplete under section 1.5(b) of this chapter.
(b) If the application contains all the information required to be supplied by the voter, but does not include:
(1) information required to be supplied by an individual who received the completed application from the voter; or
(2) the signature of that individual;
the county voter registration office shall promptly make one (1) effort to contact the individual who received the completed application from the voter, if possible, and one (1) effort to contact the voter to obtain the missing information or the signature in the case of the individual who received the completed application from the voter. For purposes of this subsection, “effort” refers to the activities described in section 2(b) of this chapter.
(c) The county voter registration office shall process the application under this article if the county voter registration office:
(1) obtains the information or signature; or
(2) cannot obtain the information or signature of the individual who had custody of the application and the application is otherwise complete.
(d) In determining the eligibility of the applicant, the county voter registration office may not reject the application solely on the ground that the individual who received the completed application from the voter failed to complete the application with the information or signature described in section 1.5(b) of this chapter. However, the countyvoter registration office shall, not later than three (3) days after receipt of the application, provide notice of the failure to properly complete the application to the county election board for appropriate action under IC 3-6-5-31.
As added by P.L.219-2013, SEC.11. Amended by P.L.64-2014, SEC.18.

IC 3-7-34-5 Effort to be made to obtain missing information
Sec. 5. (a) If a registration form contains all of the information required to be supplied by the voter, but does not include the information required to be supplied by the bureau of motor vehicles commission, the county voter registration office shall promptly make one (1) effort to contact the commission to obtain the information.
(b) If the information is not obtained from the commission under subsection (a) not later than seven (7) days after the county voter registration office provides the notice, the county voter registration office shall notify the NVRA official. The NVRA official shall contact the commission to request that the information be provided to the county voter registration office or that the commission file a statement with the county voter registration office indicating why the information is not available.
As added by P.L.12-1995, SEC.44. Amended by P.L.2-1996, SEC.63; P.L.209-2003, SEC.56; P.L.164-2006, SEC.29; P.L.64-2014, SEC.19.

IC 3-7-34-6 Processing of forms
Sec. 6. If the county voter registration office obtains the information under section 5 of this chapter required to complete the form, the county voter registration office shall process the form under this article. If the county voter registration office cannot obtain the information under section 5 of this chapter and the form is otherwise complete, the county voter registration office shall process the form under this chapter.
As added by P.L.12-1995, SEC.44. Amended by P.L.81-2005, SEC.24.

IC 3-7-34-7 Certification of processed incomplete forms; notice to supply omitted information
Sec. 7. (a) The county voter registration office shall certify to the NVRA official on an expedited basis a list of the registration forms that have been processed under section 6 of this chapter but do not contain information required to be supplied by the bureau of motor vehicles commission or a voter registration agency.
(b) The NVRA official shall notify the commission or agency that the commission or agency is required to supply the omitted information on an expedited basis to the county voter registration office.
As added by P.L.12-1995, SEC.44. Amended by P.L.2-1996, SEC.64; P.L.81-2005, SEC.25; P.L.225-2011, SEC.20.

IC 3-7-34-8 Notice of noncompliance
Sec. 8. The county election board shall notify the NVRA official if an officer, a commission, or an agency does not comply with section 7 of this chapter.
As added by P.L.12-1995, SEC.44. Amended by P.L.2-1996, SEC.65.

IC 3-7-34-9 Forwarding forms to proper county
Sec. 9. (a) This section applies when a county voter registration office receives a registration form for a voter whose address is:
(1) located in Indiana; and
(2) not located in the county where the county voter registration office is located.
(b) The county voter registration office shall deliver or mail the registration form described in subsection (a) on an expedited basis to the county voter registration office of the county in which the voter resides. To comply with this subsection, the county voter registration office may forward an optically scanned image of the voter registration form to the county voter registration office of the county in which the voter resides and subsequently forward the original copy of the form to the county voter registration office.
(c) The county voter registration office of the county in which the voter resides shall process the registration form and register the voter under this article if the registration:
(1) was received by the original county voter registration office or accepted by the bureau of motor vehicles or a voter registration agency during the registration period specified under IC 3-7-13-10; or
(2) is a registration by mail form received in compliance with IC 3-7-33-4.
As added by P.L.12-1995, SEC.44. Amended by P.L.2-1996, SEC.66; P.L.81-2005, SEC.26.

IC 3-7-34-10 Election division to forward forms to county voter registration office
Sec. 10. Whenever the election division receives authorization to cancel a registration for a resident of a county in Indiana, the election division shall forward the cancellation on an expedited basis to the county voter registration office. To comply with this section, the election division may forward an optically scanned image of the cancellation to the county voter registration office and subsequently forward the original copy of the cancellation to the county voter registration office.
As added by P.L.12-1995, SEC.44. Amended by P.L.2-1996, SEC.67; P.L.3-1997, SEC.94; P.L.81-2005, SEC.27.

IC 3-7-34-11 Clerk to forward forms to county board
Sec. 11. (a) This section applies to a county with a board of registration.
(b) If the circuit court clerk receives a registration form for a resident of the county, the clerk shall promptly forward the form to the board of registration.
As added by P.L.12-1995, SEC.44.

IC 3-7-34-12 Reproduction of incompatible forms
Sec. 12. If the registration form is not compatible with the county’s voter registration files of original voter registration affidavits, the county voter registration office may reproduce the form for the county’s system and retain the original form to document the registration. As added by P.L.12-1995, SEC.44. Amended by P.L.209-2003, SEC.57; P.L.164-2006, SEC.30.

IC 3-7-34-13 Processing of form received after certified list prepared
Sec. 13. (a) If a registration form complies with section 9(c) of this chapter and is received after the certified list has been prepared under IC 3-7-29 or the information required to be available on an electronic poll list has been downloaded onto an electronic poll book for use on election day, the county voter registration office shall:
(1) process the form in accordance with IC 3-7-33-5; and
(2) if the registration application is approved, issue a certificate of error under IC 3-7-48.
(b) If a registration form does not comply with section 9(c) of this chapter, the county voter registration office shall process the form in accordance with IC 3-7-13-12.
As added by P.L.12-1995, SEC.44. Amendedby P.L.81-2005, SEC.28; P.L.64-2014, SEC.20.

IC 3-7-35 Chapter 35. Registration Forms; Special Procedures for Processing Applications From Persons Less Than 18 Years of Age

IC 3-7-35-1 Applicability of chapter
Sec. 1. This chapter applies when a circuit court clerk or board of registration receives a registration form from an individual who is eligible to register under this article but is less than eighteen (18) years of age.
As added by P.L.12-1995, SEC.45.

IC 3-7-35-2 Repealed
Asaddedby P.L.12-1995, SEC.45. Amended by P.L.38-1999, SEC.8; P.L.209-2003, SEC.58. Repealed by P.L.164-2006, SEC.143.

IC 3-7-35-2.1 Poll list
Sec. 2.1. The county voter registration office shall generate a poll list for the precinct where the voter resides that does not include the name of a voter unless the voter will be:
(1) at least eighteen (18) years of age when the election is conducted; or
(2) eligible to vote in the election under this article.
As added by P.L.209-2003, SEC.59. Amended by P.L.164-2006, SEC.31.

IC 3-7-35-3 Repealed
As added by P.L.12-1995, SEC.45. Amended by P.L.38-1999, SEC.9; P.L.209-2003, SEC.60. Repealed by P.L.164-2006, SEC.143.

IC 3-7-35-3.1 Jury list
Sec. 3.1. The county voter registration office shall generate information to be used in the compilation of a jury list that does not include the name of a voter unless the voter will be at least eighteen (18) years of age when the jury is empaneled.
As added by P.L.209-2003, SEC.61. Amended by P.L.164-2006, SEC.32.

IC 3-7-35-4 Repealed
As added by P.L.12-1995, SEC.45. Repealed by P.L.38-1999, SEC.73.

IC 3-7-36 Chapter 36. Special Registration Procedures for Military Voters and Overseas Voters

IC 3-7-36-1 Applicability of chapter
Sec. 1. This chapter applies to absent uniformed services voters and overseas voters.
As added by P.L.12-1995, SEC.46.

IC 3-7-36-2 Signatures in presence of person authorized to administer oath not required
Sec. 2. A voter described in section 1 of this chapter who wants to:
(1) vote by absentee ballot under IC 3-11-4; and
(2) execute an affidavit or a form for voter registration;
is not required to sign the affidavit or form in the presence of a person authorized to administer an oath, and the affidavit or form need not be signed by such a person.
As added by P.L.12-1995, SEC.46. Amended by P.L.126-2002, SEC.24.

IC 3-7-36-3 Additional signatures not required; false statements
Sec. 3. The circuit court clerk or board of registration shall inform the voter that no signature other than that of the voter is required on the affidavit or form and that a voter who makes a false statement on the affidavit or form is subject to the penalties for perjury.
As added by P.L.12-1995, SEC.46.

IC 3-7-36-4 Person designated to sign
Sec. 4. If the voter is unable to sign or mark the registration form due to disability, any person designated by the voter may sign the voter’s name on the form in the presence of the voter.
As added by P.L.12-1995, SEC.46.

IC 3-7-36-5 Delivery of affidavit; effectiveness of registration
Sec. 5. (a) This section does not apply to a voter who files a combined absentee registration form and absentee ballot request.
(b) When a county voter registration office receives an application for registration from an absent uniformed services voter or an overseas voter, the office shall promptly mail or deliver to the applicant the affidavit prescribed by this title for the registration of a voter. The county voter registration office shall transmit the voter registration application to the applicant by electronic mail or fax if:

(1) requested by the applicant; and
(2) the applicant provides an electronic mail address or a fax number that permits the county voter registration office to send an application not later than the end of the first business day after the county voter registration office receives the communication from the voter.
If the electronic mail address or the fax number provided by the voter does not permit the county voter registration office to send the voter an application not later than the end of the first business day after the county voter registration office receives the communication, the county voter registration office shall send the application to the voter by United States mail.
(c) When the properly executed and certified affidavit is returned to the voter registration office and approved under this article, the applicant becomes a registered voter in the precinct of residence.
As added by P.L.12-1995, SEC.46. Amendedby P.L.126-2002, SEC.25; P.L.66-2010, SEC.2.

IC 3-7-36-6 Procedures upon receipt of application
Sec. 6. (a) This section does not apply to a voter who files a combined absentee registration form and absentee ballot request.
(b) When a board of registration receives an application for registration under section 5 of this chapter and a request for an absentee ballot application, the board shall promptly deliver the applicant’s request to the circuit court clerk for the mailing of an application for an absentee ballot.
As added by P.L.12-1995, SEC.46. Amended by P.L.66-2010, SEC.3.

IC 3-7-36-7 Duties of election division
Sec. 7. (a) If the election division receives an application for registration from an absent uniformed services voter or an overseas voter under this chapter, the election division shall promptly forward the application to the county voter registration office of the county where the applicant resides according to the address on the application.
(b) If the application is a combined application for voter registration and an application for an absentee ballot, the election division shall promptly forward the application to the county voter registration office.
As added by P.L.12-1995, SEC.46. Amended by P.L.3-1997, SEC.95; P.L.66-2010, SEC.4.

IC 3-7-36-8 Absentee ballot applications mailed when available
Sec. 8. (a) This section does not apply to a combined absentee registration and request for an absentee ballot.
(b) When a circuit court clerk receives a request for an absentee ballot application, the clerk shall promptly mail the absentee ballot application (or transmit the application to the voter by electronic mail or fax if requested by the voter).
As added by P.L.12-1995, SEC.46. Amended by P.L.66-2010, SEC.5.

IC 3-7-36-9 Clerk to forward affidavit, form, or application to county board
Sec. 9. (a) If a voter registration application is delivered to the circuit court clerk in a county where there is a board of registration, the clerk shall promptly deliver to the board the application requesting registration.
(b) If the application is a combined application for registration and an application for an absentee ballot, the clerk shall record the name, address, and other necessary information for the use of the county election board or board of elections and registration in mailing an application for an absentee ballot.
(c) The requested application for an absentee ballot shall be mailed or transmitted to the applicant by electronic mail or fax if:
(1) requested by the applicant; and
(2) the applicant provides an electronic mail address or a fax number that permits the board to send an application not later than the end of the first business day after the board receives the communication from the voter.
If the electronic mail address or fax number provided by the applicant does not permit the board to send the application not later than the end of the first business day after the board receives the communication, the board shall send the application by United States mail.
(d) The clerk shall promptly deliver a combined application to the board. The board shall promptly mail the registration application to the applicant at the address appearing on the application submitted by the applicant or transmit the application to the applicant by electronic mail or fax if:
(1) requested by the applicant; and
(2) the applicant provides an electronic mail address or a fax number that permits the board to send an application not later than the end of the first business day after the board receives the communication from the voter.
If the electronic mail address or fax number provided by the applicant does not permit the board to send the application not later than the end of the first business day after the board receives the communication, the board shall send the application by United States mail.
As added by P.L.12-1995, SEC.46. Amended by P.L.66-2010, SEC.6.

IC 3-7-36-10 Processing of affidavit or form
Sec. 10. (a) The county voter registration office shall process an absentee registration affidavit or form received from a voter described in section 1 of this chapter during the registration period or during the period beginning on the twenty-ninth day before the election and ending on the eighth day before the election.
(b) A properly completed voter registration application described in this section is subject to the same requirements that are applicable to a properly completed voter registration application from a voter described in section 1 of this chapter during the period ending on the twenty-ninth day before the election.
Asaddedby P.L.12-1995, SEC.46. Amended by P.L.225-2011, SEC.21; P.L.76-2014, SEC.7.

IC 3-7-36-11 Repealed
As added by P.L.12-1995, SEC.46. Amended by P.L.126-2002, SEC.26. Repealed by P.L.219-2013, SEC.12.

IC 3-7-36-12 Repealed
As added by P.L.12-1995, SEC.46. Repealed by P.L.126-2002, SEC.93.

IC 3-7-36-13 Repealed
As added by P.L.12-1995, SEC.46. Repealed by P.L.126-2002, SEC.93.

IC 3-7-36-14 Registration of absent uniformed services voter upon returning to Indiana during period beginning on date of preparation of certified list of voters and ending at noon election day
Sec. 14. (a) This section applies to a person described in subsection (b) who applies to register to vote during the period:
(1) beginning on the seventh day before election day; and
(2) ending at noon election day.
(b) An absent uniformed services voter who is absent from Indiana during the registration period applicable to the voter under this chapter and who otherwise would be entitled to register to vote under Indiana law may, upon returning to Indiana during the period described in subsection (a) following discharge from service or reassignment, register to vote by doing the following:

(1) Showing either of the following to the county voter registration office:
(A) A discharge from service, dated not earlier than the beginning of the registration period that ended on the eighth day before election day, of:
(i) the voter;
(ii) the voter’s spouse; or
(iii) the individual of whom the voter is a dependent.
(B) A copy of the government movement orders, with a reporting date not earlier than the beginning of the registration period that ended on the eighth day before election day, of:
(i) the voter;
(ii) the voter’s spouse; or
(iii) the individual of whom the voter is a dependent.
(2) Completing a registration affidavit.
(c) A voter who registers under this section may vote at the upcoming election only by absentee ballot at the office of the circuit court clerk at the time the voter registers under this section or at any time after the voter registers under this section and before noon on election day. A voter who wants to vote under this subsection must do both of the following:
(1) Complete an application for an absentee ballot.
(2) Sign an affidavit that the voter has not voted at any other precinct in the election. The voter may vote at subsequent elections as otherwise provided in this title.
(d) If the voter votes by absentee ballot under this section, the circuit court clerk shall do the following:
(1) Certify in writing that the voter registered under this section.
(2) Attach the certification to the voter’s absentee ballot envelope.
(e) If the county has a board of registration, the board of registration shall promptly deliver the voter’s registration affidavit to the circuit court clerk to permit the voter to vote under subsection (c).
(f) If the voter chooses not to vote under subsection (c), the county voter registration office shall register the voter on the first day of the next registration period.
As added by P.L.126-2002, SEC.27. Amended by P.L.14-2004, SEC.47; P.L.219-2013, SEC.13; P.L.76-2014, SEC.8.

IC 3-7-37 Chapter 37. Special Registration Procedures for Homeless or Mobile Voters

IC 3-7-37-1 Mailing address for individual with nontraditional residence
Sec. 1. If the United States Postal Service does not deliver mail directly to an individual with a nontraditional residence in the precinct where the individual resides, the individual may use a mailing address within a precinct in the county to complete the registration affidavit and to provide an address for the mailing of notices under this article. However, if the person uses a mailing address under this section, the registration affidavit must also state the precinct in which the individual with a nontraditional residence resides.
As added by P.L.12-1995, SEC.47.

IC 3-7-37-2 Designation of registration in permanent registration record
Sec. 2. The circuit court clerk or board of registration shall designate each registration by an individual with a nontraditional residence in the permanent registration record of the precinct.
As added by P.L.12-1995, SEC.47.

IC 3-7-38 Chapter 38. Repealed

Repealed by P.L.4-1996, SEC.108.

IC 3-7-38.1 Chapter 38.1. Repealed

Repealed by P.L.164-2006, SEC.143.

IC 3-7-38.2 Chapter 38.2. Voter List Maintenance Programs

IC 3-7-38.2-1 Removal of ineligible voters from lists
Sec. 1. As required under 52 U.S.C. 20507(a)(4), the NVRA official and each county voter registration office shall conduct a general program that makes a reasonable effort to remove the names of ineligible voters from the official lists of eligible voters due to a change of residence of the voter.
As added by P.L.3-1997, SEC.104. Amended by P.L.258-2013, SEC.58; P.L.128-2015, SEC.119.

IC 3-7-38.2-2 Voter list maintenance program requirements; years other than general election years; special elections for federal office; voter list maintenance programs conducted by county voter registration office; notice to voters requirements; criteria for determining if voter is active or inactive; removal of voter registration record
Sec. 2. (a) Except as provided in subsection (b) or (c), a voter list maintenance program conducted under this chapter must:
(1) be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965 (52 U.S.C. 10101);
(2) not result in the removal of the name of a person from the official list of voters solely due to the person’s failure to vote; and
(3) be completed not later than ninety (90) days before a primary or general election.
(b) A voter list maintenance program conducted under this chapter in a year other than a year in which a general election is conducted must:
(1) comply with the requirements set forth in subsection (a)(1) and (a)(2); and
(2) be completed not later than twenty-nine (29) days before a municipal election or special election (other than for a federal office) is conducted.
(c) If a special election is required for a vacancy in a federal office in a year in which a general election is not conducted, the voter list maintenance program conducted under this chapter must:
(1) comply with the requirements of subsection (a)(1) and (a)(2); and
(2) be completed not later than ninety (90) days before the date that the special election is conducted.

A voter list maintenance program may also be conducted under this section in a calendar year following the date of the special election if the program is completed no later than the deadline set forth in subsection (a).
(d) A county voter registration office may conduct a voter list maintenance program that complies with subsection (a). In conducting a voter list maintenance program, the county voter registration office shall mail a notice described in subsection (f) to each voter whose registration has not previously been canceled or designated as inactive under this chapter at the mailing address:
(1) listed in the voter’s registration record; and
(2) determined by the county voter registration office not to be the voter’s current residence address.
(e) A county voter registration office may use information only from the following sources to make the determination under subsection (d)(2):
(1) The United States Postal Service National Change of Address Service.
(2) A court regarding jury duty notices returned because of an unknown or insufficient address.
(3) The return of a mailing sent by the county voter registration office to all active voters (as defined in IC 3-11-18.1-2) in the county because of an unknown or insufficient address.
(4) The bureau of motor vehicles concerning the surrender of a voter’s Indiana license for the operation of a motor vehicle to another jurisdiction.
(5) The return by the United States Postal Service after the expiration of the seven (7) day pending period of a notice regarding the disposition of a voter registration application under IC 3-7-33-5 because of an unknown or insufficient address.
(6) The return of a mailing sent to voters of a precinct advising voters of a change of precinct boundary or the precinct polling place because of an unknown or insufficient address, if the county sends a similar mailing to the voters of each precinct when a boundary or polling place is changed.
(7) Information received from the election division under section 5 of this chapter or section 16 of this chapter.
(8) A declination to register by the voter stating that the voter resides at an address different from the address on the voter’s registration record.
(f) The notice described in subsection (d) must:
(1) be sent by first class United States mail, postage prepaid, by a method that requires the notice to be forwarded to the voter; and
(2) include a postage prepaid return card that:
(A) is addressed to the county voter registration office;
(B) states a date (which must be at least thirty (30) days after the date the notice is mailed) by which the card must be returned or the voter’s registration will become inactive until the information is provided to the county voter registration office; and
(C) permits the voter to provide the voter’s current residence address.
(g) If a voter returns the card described in subsection (f)(2) and provides a current residence address that establishes that the voter resides:
(1) in the county, the county voter registration office shall update the voter’s registration record; or
(2) outside the county, the county voter registration office shall cancel the voter’s registration.
(h) If a card is returned as undeliverable due to an unknown or insufficient address by the United States Postal Service after the date specified in subsection (f)(2)(B), the county voter registration office shall, when registration reopens after the next primary, general, or municipal election, determine whether the voter voted or appeared to vote from the address set forth in the registration record at any election occurring after the final day for completing voter list maintenance activities, and if not, then designate the voter as inactive.
(i) If a voter does not return the card described in subsection (f)(2) by the date specified in subsection (f)(2)(B), the county voter registration office shall indicate in the voter’s registration record that the voter’s registration is inactive.
(j) A voter’s registration that becomes inactive under subsection (h) or (i) remains in inactive status from the date described in subsection (f)(2)(B) until the earlier of the following:
(1) The date the county voter registration office updates or cancels the voter’s registration under subsection (g) after the voter provides a current residence address.
(2) The day after the second general election in which the voter has not voted or appeared to vote.
(k) After the date described in subsection (j)(2), the county voter registration office shall remove the voter’s registration from the voter registration records.
As added by P.L.3-1997, SEC.104. Amended by P.L.209-2003, SEC.63; P.L.14-2004, SEC.49; P.L.164-2006, SEC.33; P.L.1-2007, SEC.1; P.L.258-2013, SEC.59; P.L.64-2014, SEC.21; P.L.128-2015, SEC.120; P.L.169-2015, SEC.40; P.L.201-2017, SEC.3; P.L.157-2019, SEC.7; P.L.141-2020, SEC.5.

IC 3-7-38.2-3 Removal of name from registration record during ninety day period before election
Sec. 3. As provided under 52 U.S.C. 20507(c)(2)(B)(i), this chapter does not prevent the removal of a voter’s name from the voter registration record during the final ninety (90) day period before a primary, general, or municipal election due to any of the following in accordance with this article:
(1) The written request of the voter.
(2) Disenfranchisement due to criminal conviction and incarceration.
(3) The death of the voter.
As added by P.L.3-1997, SEC.104. Amended by P.L.209-2003, SEC.64; P.L.164-2006, SEC.34; P.L.128-2015, SEC.121.

IC 3-7-38.2-4 Correction of registration records; ancient records
Sec. 4. (a) As provided under 52 U.S.C. 20507(c)(2)(B)(ii), this chapter does not prevent the correction of voter registration records under this article.
(b) This subsection applies to a voter registration record that does not contain a date of birth or contains a date of birth that is at least one hundred fifteen (115) years or more before the date of the request. The election division shall request that the bureau of motor vehicles provide the election division with any information kept by the bureau of motor vehicles that sets forth the date of birth of the voter. If the election division receives date of birth information under this subsection, the election division shall forward the information to the appropriate county voter registration office. The county voter registration office shall:
(1) determine if the information applies to the voter registration record that does not contain a date of birth or contains a date of birth that is at least one hundred fifteen (115) years or more before the date of the request; and
(2) if the information applies, amend the voter registration record to contain the correct date of birth and document the source of the information in the computerized list.
As added by P.L.3-1997, SEC.104. Amended by P.L.209-2003, SEC.65; P.L.164-2006, SEC.35; P.L.128-2015, SEC.122; P.L.71-2019, SEC.8.

IC 3-7-38.2-5 Submission of Indiana registered voters’ names to U.S.P.S. change of address service
Sec. 5. To assist in performing voter list maintenance under this chapter, the NVRA official shall submit the names of all registered voters in Indiana to the United States Postal Service National Change of Address Service. The submission under this chapter shall be compiled from the county voter registration information submitted to the election division under IC 3-7-26.3.
As added by P.L.3-1997, SEC.104. Amended by P.L.209-2003, SEC.66; P.L.164-2006, SEC.36; P.L.258-2013, SEC.60; P.L.2-2014, SEC.1; P.L.169-2015, SEC.41; P.L.74-2017, SEC.15; P.L.116-2018, SEC.3; P.L.141-2020, SEC.6.

IC 3-7-38.2-5.1 Indiana no longer a party to memorandum of understanding with Kansas secretary of state; notification to Kansas secretary of state; effect of section; joining activities of organizations that require certain expenditures of funds prohibited
Sec. 5.1. (a) The actions of the NVRA officials to execute a memorandum of understanding with the Kansas Secretary of State under section 5(d) of this chapter, before its amendment by the 121st general assembly, are void.
(b) The secretary of state shall promptly notify the Kansas Secretary of State that Indiana is no longer a party to the memorandum of understanding.
(c) This section has no effect on any voter list maintenance activity undertaken by the NVRA officials of a county voter registration office before the voiding of the memorandum of understanding under this section.
(d) The state shall not join or otherwise participate in the activities of any organization that requires:
(1) the payment of funds to obtain voter registration information from another state; or
(2) the expenditure of funds to engage in activities other than voter list maintenance as a condition for receiving voter registration information from another state.
As added by P.L.141-2020, SEC.7.

IC 3-7-38.2-5.5 Indiana data enhancement association established; administration; order for the administration of voter list maintenance programs; provisions; determining whether to cancel the Indiana registration of a voter also registered in another state
Sec. 5.5. (a) The Indiana data enhancement association (IDEA) is established. IDEA shall be administered by the NVRA official in accordance with IC 3-7-11-1.
(b) Not later than July 1, 2020, the NVRA official shall adopt an order for the administration of voter list maintenance programs to be performed by IDEA. The NVRA official may amend the order. If the NVRA official does not adopt an order by July 1, 2020, or subsequently amend the order when necessary to perform voter list maintenance duties under this chapter, the secretary of state shall adopt or amend the order under section 18 of this chapter. The order establishing IDEA, and any amendments to the order subsequently issued, shall provide the following:
(1) The member states of IDEA are not required to pay to Indiana any fee for the processing of the data from the member state.
(2) The member states of IDEA are not required to engage in any activity other than actions necessary to comply with standards for voter list maintenance set forth in the order as a condition for obtaining data from Indiana or other member states.
(3) The method for a state to join or withdraw from IDEA.
(4) The tenure of the membership of each state and duration of the order.
(5) Indiana shall:
(A) use the confidence factors set forth in subsection (c) to determine whether the name of an individual registered in that member state appears to be the same as an individual registered to vote in Indiana or any other member state; and
(B) only forward potential matches of the names of individuals in a state who meet or exceed the confidence factor threshold under subsection (c).
(6) Any registration data provided to Indiana by another state member:
(A) is confidential under Indiana law;
(B) must be safely secured by Indiana for the duration of a particular instance of a voter list maintenance activity; and
(C) shall be destroyed immediately following the provision of data concerning potential duplicate voter registrations to IDEA member states.
(7) Any other provisions necessary for the proper and effective administration of IDEA.
(c) Not later than thirty (30) days following the receipt of information under subsection (b) indicating that a voter of Indiana may also be registered to vote in another state, the NVRA official shall provide the appropriate county voter registration office with the name of and any other information obtained under this subsection concerning that voter, if both of the following apply:
(1) The first name, last name, and date of birth of the Indiana voter is identical to the first name, last name, and date of birth of the voter registered in the other state.
(2) A comparison of the records indicates that there is a confidence factor that the records are for the same individual resulting from the accumulation of at least seventy-five (75) points based on the following criteria:
(A) Full Social Security number: 40 points.
(B) Last four (4) digits of Social Security number: 10 points.
(C) Indiana driver’s license or identification card number: 50 points.
(D) Date of birth: 25 points.
(E) Last Name: 15 points.
(F) First Name: 15 points.
(G) Middle Name: 5 points.
(H) Suffix: 5 points.
(I) Street Address 1: 10 points.
(J) Zip Code (first five (5) digits): 5 points.
(d) The county voter registration office shall determine whether the individual:
(1) identified in the report provided by the NVRA official under subsection (c) is the same individual who is a registered voter of the county;
(2) registered to vote in another state on a date following the date that voter registered in Indiana; and
(3) authorized the cancellation of any previous registration by the voter when the voter registered in another state.
(e) If the county voter registration office determines that the voter is described by subsection (d), the county voter registration office shall cancel the voter registration of that voter. If the county voter registration office determines that the voter is described by subsection (d)(1) and (d)(2), but has not authorized the cancellation of any previous registration, the county voter registration office shall send an address confirmation notice to the Indiana address of the voter.
(f) The county voter registration office may rely on written information provided either directly by a voter registration office in another state or forwarded from the election division from the office in the other state as follows:
(1) If this information is provided directly from the other state to the Indiana county voter registration official, the out-of-state voter registration official must provide a copy of the voter’s signed voter registration application which indicates the individual authorizes cancellation of the individual’s previous registration.
(2) If the election division forwards written notice from another state to an Indiana county voter registration official, the county should consider this notice as confirmation that the individual is registered in another jurisdiction and has requested cancellation of the Indiana registration. A copy of the actual voter signature is not required to be provided to the county for the voter’s status to be canceled if the written notice is forwarded by the election division.

County voter registration officials shall review the date the individual registered out of state and the date the individual registered in Indiana to confirm which registration is more recent when performing the officials’ analysis under this subsection.
As added by P.L.141-2020, SEC.8.

IC 3-7-38.2-6 Voters who no longer reside at submitted address
Sec. 6. When the names of voters are submitted under section 5 of this chapter, the NVRA official shall request that the United States Postal Service indicate the voters who no longer reside at the submitted address. However, the NVRA official shall also request that a voter who:
(1) has a temporary forwarding order in effect;
(2) is an absent uniformed services voter; or
(3) is an overseas voter;
not be included in the list of voters who no longer reside at the submitted address.
As added by P.L.3-1997, SEC.104. Amended by P.L.258-2013, SEC.61.

IC 3-7-38.2-7 Use of postal service’s change of address information
Sec. 7. As permitted under 52 U.S.C. 20507(c)(1), the NVRA official (or a contractor retained by the election division under this chapter) shall use change of address information supplied by the United States Postal Service through the Postal Service’s licensee to identify a voter whose residence may have changed.
As added by P.L.3-1997, SEC.104. Amended by P.L.128-2015, SEC.123.

IC 3-7-38.2-7.5 Duties of NVRA officials
Sec. 7.5. The NVRA official shall do both of the following:
(1) Compare the lists of voters provided by another state with the list of registered voters in Indiana to identify any individuals who may be registered to vote in more than one (1) state.
(2) Provide each county voter registration office with a list of potential duplicate registrations not later than thirty (30) days after receipt of a list of voters of a state.
As added by P.L.258-2013, SEC.62; Amended by P.L.141-2020, SEC.9.

IC 3-7-38.2-8 Notice to county voter registration offices of changes in residence
Sec. 8. At least once each month, the NVRA official shall notify each county voter registration office of voters within the county whose residences may have changed according to information supplied under this chapter.

As added by P.L.3-1997, SEC.104. Amended by P.L.258-2013, SEC.63; P.L.64-2014, SEC.22.

IC 3-7-38.2-9 Registration records for overseas or uniformed services voters
Sec. 9. (a) This section applies to an absent uniformed services voter or an overseas voter with an address in the county’s voter registration record that does not include an “APO” or “FPO” designation.
(b) If a county voter registration office:
(1) is advised under this chapter that the voter’s residence may have changed; and
(2) determines that the voter is subject to this section;
the voter registration office may disregard the notification of change of residence and is not required to act under this chapter concerning the voter’s registration.
As added by P.L.3-1997, SEC.104. Amended by P.L.216-2015, SEC.4.

IC 3-7-38.2-10 Change in registration record
Sec. 10. (a) As provided in 52 U.S.C. 20507(c)(1)(B)(i), if the county voter registration office determines from information provided under this chapter that a voter has moved to an address different from the address where voter is currently registered, the voter registration office shall:
(1) change the registration record to show the new address; and
(2) send the voter a notice of the change;
if the information provided under this chapter includes a forwarding address.
(b) If the information provided under this chapter:
(1) indicates that a voter has moved to an address different from the address where the voter is currently registered; and
(2) does not include a forwarding address;
the county voter registration office shall indicate on the registration record that the voter is an inactive voter at that address and shall remove the voter’s name from the registration rolls under the procedures of this chapter if the voter has not voted, appeared to vote, or has failed to correct the voter registration record within the period described in section 14(2)(B) of this chapter.
As added by P.L.3-1997, SEC.104. Amended by P.L.38-1999, SEC.15; P.L.128-2015, SEC.124.

IC 3-7-38.2-11 Notice to county voter registration offices of change in residence; requirements
Sec. 11. The notice under section 8 of this chapter must be:
(1) a postage prepaid pre-addressed return form that permits the voter to verify or correct the address information; and
(2) sent by forwardable mail.
As added by P.L.3-1997, SEC.104.

IC 3-7-38.2-12 Change of address to residence outside county
Sec. 12. As provided in 52 U.S.C. 20507(c)(1)(B)(ii), if the county voter registration office determines from information provided under this chapter that a voter has moved to a different residence address that is not located in the same county in which the voter is currently registered, the voter registration office shall cancel the voter’s registration if the change of address to a residence outside the county is confirmed.
As added by P.L.3-1997, SEC.104. Amended by P.L.128-2015, SEC.125.

IC 3-7-38.2-13 Notice to voter after change in residence
Sec. 13. After the county voter registration office has determined under this chapter that a voter’s residence may have changed, the election division shall send a notice to the voter that sets forth substantially the following statements as provided in 52 U.S.C. 20507(d)(2):
(1) If the voter did not change the voter’s residence or changed the residence but remained in the same county where the voter was listed on the voter registration record, the voter must return the card enclosed with the notice in person to the county voter registration office not later than twenty-nine (29) days before the election or by regular United States mail:
(A) with a postmark not later than twenty-nine (29) days before the election; or
(B) if a postmark is missing or illegible, to the county voter registration office not later than twenty-one (21) days before the election.
(2) If the card is not returned under subdivision (1), the voter must affirm or confirm the voter’s address before the voter is permitted to vote in an election during the period:
(A) beginning on the date of the notice; and
(B) ending on the day after the date of the second general election scheduled to occur after the date of the notice.
(3) If the voter does not vote in an election described in subdivision (2), the voter’s name will be removed from the voter registration list.
(4) If the voter changed residence to a place outside the county in which the voter is included on the voter registration list, information concerning how the voter can continue to be eligible to vote in the county where the voter currently resides.
As added by P.L.3-1997, SEC.104. Amended by P.L.38-1999, SEC.16; P.L.14-2004, SEC.50; P.L.128-2015, SEC.126.

IC 3-7-38.2-14 Removal of name from registration records due to change in address, failure to vote, or respond to notice
Sec. 14. As required under 52 U.S.C. 20507(d)(1), a county voter registration office shall not remove the name of a voter from the voter registration records due to the voter’s change of residence unless the voter:
(1) confirms in writing that the voter has changed residence to a location outside the county in which the voter is currently registered; or
(2) has:
(A) failed to respond to a notice sent under section 13 of this chapter; and
(B) not voted (or appeared to vote or to correct the registration record stating the voter’s address) in an election during the period:
(i) beginning on the date of the notice; and
(ii) ending on the day after the date of the second general election that occurs after the date of the notice.
As added by P.L.3-1997, SEC.104. Amended by P.L.128-2015, SEC.127.

IC 3-7-38.2-15 Cancellation of registration
Sec. 15. At the expiration of the period ending thirty (30) days after the second general election following the date on which notices are mailed to a voter described in section 14(2) of this chapter, the county voter registration office shall cancel the registration of a voter who has not responded to the notice sent under section 13 of this chapter.
As added by P.L.3-1997, SEC.104. Amended by P.L.38-1999, SEC.17.

IC 3-7-38.2-16 Residency confirmation and outreach procedure
Sec. 16. The NVRA official shall, not later than January 31 of each even numbered year, request information from the:
(1) United States District Court for the Northern District of Indiana; and
(2) United States District Court for the Southern District of Indiana;

concerning the return of U.S. mail sent by the court for jury selection purposes. Not later than twenty-eight (28) days following the primary election conducted in that year, the state shall provide each county voter registration office with information concerning any registered voter who appears to no longer reside at the address set forth in the voter’s registration record due to a mailing returned to the courts. Not later than forty-two (42) days following the primary election conducted in that year, the county voter registration office shall send an address confirmation notice to the voter described by this subsection at the voter’s mailing address.
As added by P.L.3-1997, SEC.104. Amended by P.L.258-2013, SEC.64; P.L.64-2014, SEC.23; P.L.169-2015, SEC.42; P.L.201-2017, SEC.4.

IC 3-7-38.2-16.1 Residency confirmation and outreach procedure
Sec. 16.1. During each odd-numbered year, the NVRA official shall conduct a residency confirmation and outreach procedure under this chapter. The NVRA official (or a contractor acting on behalf of the NVRA official) shall send a nonforwardable mailing by U.S. mail, postage prepaid, to each active voter (as defined in IC 3-11-18.1-2) in Indiana at the voter’s mailing address.
As added by P.L.201-2017, SEC.5; Amended by P.L.278-2019, SEC.16.

IC 3-7-38.2-17 Mailing of second notice due to unknown or insufficient address; postage prepaid return card
Sec. 17. (a) If the mailing to a voter sent under section 16.1 of this chapter is returned by the United States Postal Service because of an unknown or insufficient address, the NVRA official shall mail a second notice to the voter. The notice must meet the following requirements:
(1) Be sent by first class, United States mail, postage prepaid, by a method that requires the notice to be forwarded to the voter.
(2) Include a postage prepaid return card that:
(A) is addressed to the NVRA official;
(B) states a date (which must be at least thirty (30) days after the date the notice was mailed) by which the card must be returned or the voter’s registration will become inactive until the information is provided to the county voter registration office; and
(C) permits the voter to provide the voter’s current residence address.
(b) If a voter returns the card described in subsection (a)(2) and provides a current residence address that establishes that the voter resides:
(1) in the same county, the county voter registration office shall update the voter’s registration record; or
(2) outside the county, the county voter registration office shall cancel the voter’s registration.
(c) If a voter returns the card described in subsection (a)(2) with a request that the voter’s registration record at an address be canceled, the county voter registration office shall proceed to cancel the registration under section 3 of this chapter.
(d) If a card is returned not later than the date specified in subsection (a)(2)(B) as undeliverable because of an unknown or insufficient address, the county voter registration office shall designate the voter as inactive.
(e) If a card is returned by the United States Postal Service after the date specified in subsection (a)(2)(B) as undeliverable because of an unknown or insufficient address, the county voter registration office shall, when registration reopens after the next primary, general, or municipal election, determine whether the voter voted or appeared to vote from the address set forth in the registration record at any election occurring after the final day for completing voter list maintenance activities, and if not, designate the voter as inactive.

(f) If a voter does not return the card described in subsection (a)(2) by the date specified in subsection (a)(2)(B), the county voter registration office shall indicate in the voter’s registration record that the voter’s registration is inactive.
(g) A voter’s registration that becomes inactive under subsections (d) through (f) remains in inactive status from the date described in subsection (a)(2)(B) until the earlier of the following:
(1) The date the county voter registration office updates or cancels the voter’s registration under subsection (b) after the voter provides a current residence address.
(2) The day after the second general election in which the voter has not voted or appeared to vote.
(h) After the day described in subsection (g)(2), the county voter registration office shall remove the voter’s registration from the voter registration records not later than thirty (30) days after the second general election following the date on which notices are mailed to a voter under section 16.1 of this chapter.
As added by P.L.3-1997, SEC.104. Amended by P.L.38-1999, SEC.18; P.L.64-2014, SEC.24; P.L.74-2017, SEC.16; P.L.201-2017, SEC.6.

IC 3-7-38.2-18 Performance of duty
Sec. 18. If the NVRA official does not perform a duty in accordance with this chapter, the secretary of state shall perform the duty.
As added by P.L.153-2013, SEC.3.

IC 3-7-39 Chapter 39. Address Changes by Voter on Registration Records

IC 3-7-39-1 Duty of voter to transfer registration
Sec. 1. A voter who changes residence shall transfer the voter’s registration to the address where the voter currently resides by sending a transfer of registration on a prescribed form to the circuit court clerk or board of registration.
As added by P.L.12-1995, SEC.49.

IC 3-7-39-2 Change of address within same county
Sec. 2. A voter may change the residence address on the voter’s registration to an address within the same county at any time during the registration period prescribed in this article. The circuit court clerk or board of registration shall receive and execute transfers during regular office hours.
As added by P.L.12-1995, SEC.49.

IC 3-7-39-3 Signature required
Sec. 3. A change of address within a county by a voter must be signed in ink or with an indelible pencil.
As added by P.L.12-1995, SEC.49. Amended by P.L.2-1996, SEC.71.

IC 3-7-39-4 Receipt and placement of change of address forms
Sec. 4. Upon receipt of a properly executed change of address form, the circuit court clerk or board of registration shall place the form in the proper precinct registration record and enter the change in any computerized record.
As added by P.L.12-1995, SEC.49.

IC 3-7-39-5 Registration to be transferred after change of address within same county
Sec. 5. Upon receiving a properly executed affidavit for transfer of registration under IC 3-10-11 or IC 3-10-12 from a person whose new residence is in the same county as the former residence, the circuit court clerk or the board of registration shall transfer the person’s registration to the proper precinct in the county as soon as the transfer is permitted under this article.
As added by P.L.12-1995, SEC.49.

IC 3-7-39-6 Cancellation of registration in county of previous residence
Sec. 6. (a) A voter who has changed residence from the county in which the voter is registered to another county must give the voter’s most recent previous address, listed on a form prescribed under this article.
(b) Completion of the form constitutes an authorization of cancellation of registration in each county of previous residence listed on the form.
(c) This subsection applies to a county that has adopted an order under IC 3-7-29-6 or is a vote center county under IC 3-11-18.1-1. A voter described in subsection (a) may make a written affirmation of the voter’s change of residence on election day using the affidavit described by IC 3-10-11-4. If the voter makes an oral affirmation under this subsection, the poll clerks shall reduce the substance of the affirmation to writing using the affidavit described by IC 3-10-11-4 and initial the affirmation.
As added by P.L.12-1995, SEC.49. Amended by P.L.3-1995, SEC.44; P.L.169-2015, SEC.43; P.L.74-2017, SEC.17.

IC 3-7-39-7 Change of address within same precinct as former residence
Sec. 7. (a) This section applies to a voter who changes residence to an address in the same precinct where the voter’s former residence was located, except for a voter who changes residence from a location within a municipality to a location outside of the municipality but within the same precinct.
(b) As required under 52 U.S.C. 20507(e)(1), a voter described in subsection (a) may vote at the precinct polling place after the voter makes an oral or a written affirmation of the change of address before a member of the precinct election board.
(c) A person entitled to make a written affirmation under subsection (b) may make an oral affirmation. The person must make the oral affirmation before the poll clerks of the precinct. After the person makes an oral affirmation under this subsection, the poll clerks shall:
(1) reduce the substance of the affirmation to writing at an appropriate location on the poll list; and
(2) initial the affirmation.
(d) This subsection applies to a county that has adopted an order under IC 3-7-29-6(a)(1) or is a vote center county under IC 3-11-18.1. A voter described in subsection (a) may make a written affirmation of the voter’s change of residence on election day using the affidavit prescribed by the election division under IC 3-10-11-6. If the voter makes an oral affirmation under this subsection, the poll clerks shall reduce the substance of the affirmation to writing using the affidavit prescribed by the commission under IC 3-10-11-6 and initial the affirmation.
As added by P.L.12-1995, SEC.49. Amended by P.L.64-2014, SEC.25; P.L.128-2015, SEC.128; P.L.169-2015, SEC.44; P.L.157-2019, SEC.8.

IC 3-7-39-8 Change of address to different precinct in same county
Sec. 8. (a) This section applies to a voter who changes residence from a precinct in a county to another precinct in the same county.
(b) As required under 52 U.S.C. 20507(f), the county voter registration office:
(1) shall correct the address shown on the voter registration records for a voter subject to this section; and
(2) may not remove the voter from the voter registration records due to a change of address, except as provided in this title.
(c) A voter described in this section, who is otherwise eligible to vote, may vote as provided in IC 3-10-11 or IC 3-10-12.
As added by P.L.12-1995, SEC.49. Amended by P.L.164-2006, SEC.37; P.L.128-2015, SEC.129.

IC 3-7-39-9 Change of address at license branch not intended for voter registration purposes
Sec. 9. As provided in 52 U.S.C. 20504(d), a voter may indicate on a change of address form submitted at a license branch that the change of address is not intended to be used for voter registration purposes. A circuit court clerk or board of registration may not change an address on a voter registration record if the change is contrary to the voter’s instructions under this section.
As added by P.L.12-1995, SEC.49. Amended by P.L.128-2015, SEC.130.

IC 3-7-39-10 Record amended from form submitted at license branch
Sec. 10. (a) Except as provided in section 9 of this chapter, and as required under 52
U.S.C. 20504(a)(2), the county voter registration office shall:
(1) amend a voter’s registration record under this chapter to reflect information stated by the voter on a registration form submitted at a license branch; and
(2) if the information received from a license branch indicates that the voter has moved from Indiana to another state, send a notice to the voter as provided by IC 3-7-38.2-2.
As added by P.L.12-1995, SEC.49. Amended by P.L.128-2015, SEC.131; P.L.169-2015, SEC.45.

IC 3-7-39-11 Record amended from form submitted at voter registration office
Sec. 11. The circuit court clerk or board of registration shall amend a voter’s registration record under this chapter to reflect information stated by the voter on a registration form submitted at a voter registration office established under this article.
As added by P.L.12-1995, SEC.49.

IC 3-7-39-12 Record amended from form submitted by mail
Sec. 12. As required under 52 U.S.C. 20505(a)(3), the circuit court clerk or board of registration shall amend a voter’s registration record under this chapter to reflect information stated by a voter on a registration by mail form.
As added by P.L.12-1995, SEC.49. Amended by P.L.128-2015, SEC.132.

IC 3-7-40 Chapter 40. Address Changes by Governmental Agencies on Registration Records

IC 3-7-40-1 Repealed
As added by P.L.12-1995, SEC.50. Repealed by P.L.4-1996, SEC.108.

IC 3-7-40-2 Repealed
As added by P.L.12-1995, SEC.50. Amended by P.L.209-2003, SEC.67. Repealed by P.L.164-2006, SEC.143.

IC 3-7-40-3 Duty of local officials to report changes
Sec. 3. The local public officials (or plan commission under IC 36-7-4-405) responsible for:
(1) naming or renaming streets;
(2) numbering or renumbering lots or structures; and
(3) converting rural route addresses to numbered addresses;
shall report the changes to the county voter registration office not later than the last day of the month following the month in which the change was made.
As added by P.L.12-1995, SEC.50. Amended by P.L.225-2011, SEC.22.

IC 3-7-40-4 Submission of rural route addresses to Postal Service
Sec. 4. The NVRA official may submit to the United States Postal Service a list of the names and addresses of voters with rural route addresses.
As added by P.L.12-1995, SEC.50. Amended by P.L.2-1996, SEC.72; P.L.209-2003, SEC.68; P.L.164-2006, SEC.38.

IC 3-7-40-5 Replacement of converted rural route addresses
Sec. 5. If the information is submitted under section 4 of this chapter, the NVRA official shall request that the United States Postal Service indicate the rural route addresses that have been converted and the numbered addresses that replace the converted rural route addresses. As added by P.L.12-1995, SEC.50. Amended by P.L.2-1996, SEC.73.

IC 3-7-40-6 Duties upon notice of converted rural route addresses
Sec. 6. When notified by:
(1) the NVRA official of a conversion from rural route addresses to numbered addresses under this chapter;
(2) the United States Postal Service of a conversion from rural route addresses to numbered addresses;
(3) the United States Postal Service that mail delivery to postal boxes located in a United States Postal Service facility will be discontinued and replaced by residential delivery; or
(4) a local public official (or plan commission) under section 3 of this chapter of:
(A) the naming or renaming of streets;
(B) the numbering or renumbering of lots or structures; or
(C) the conversion of rural route addresses to numbered addresses;

the county voter registration office shall, as soon as practicable, amend the entry for the voter in the computerized list under IC 3-7-26.3.
As added by P.L.12-1995, SEC.50. Amended by P.L.2-1996, SEC.74; P.L.209-2003, SEC.69; P.L.164-2006, SEC.39; P.L.225-2011, SEC.23; P.L.64-2014, SEC.26; P.L.278-2019, SEC.17.

IC 3-7-40-7 Repealed
As added by P.L.12-1995, SEC.50. Amended by P.L.209-2003, SEC.70. Repealed by P.L.164-2006, SEC.143.

IC 3-7-40-8 Amendment of computerized list
Sec. 8. When notified by a local public official or plan commission under section 3 of this chapter, the county voter registration office shall, as soon as practicable, amend the entry for the voter in the computerized list under IC 3-7-26.3 to be consistent with the information submitted under section 3 of this chapter.
As added by P.L.76-2014, SEC.9.

IC 3-7-40.5 Chapter 40.5. Changes in Registration Records to Update Signature of Voter
3-7-40.5-1 Missing or destroyed signatures

IC 3-7-40.5-1 Missing or destroyed signatures
Sec. 1. (a) This section applies when a county voter registration office determines that the original signature of a voter on a voter registration application previously approved by the county voter registration office is missing or has been destroyed.
(b) The county voter registration office may scan a copy of the voter’s original signature from a poll list or other document maintained by the county election board or the county voter registration office into the computerized list to generate a copy of the signature for printing on a poll list or for an electronic poll book.
As added by P.L.64-2014, SEC.27.

IC 3-7-41 Chapter 41. Name Changes on Registration Records

IC 3-7-41-1 Name change
Sec. 1. A voter whose name is changed may vote at the election by filing with the circuit court clerk or board of registration a verified statement.
As added by P.L.12-1995, SEC.51. Amended by P.L.3-1995, SEC.45.

IC 3-7-41-2 Time for filing verified statement
Sec. 2. (a) The statement described in section 1 of this chapter may be filed with the county voter registration office at any time.
(b) A voter who wishes to indicate that the voter’s name has changed may also write the necessary information concerning the name change on the poll list under IC 3-11-8-25.1 before the person receives a ballot. The change of name on the voter registration record is effective immediately, and the person may then vote if otherwise qualified.
(c) This subsection applies to a county that has adopted an order under IC 3-7-29-6(a)(1) or is a vote center county under IC 3-11-18.1. A voter described in subsection (b) may indicate that the voter’s name has changed by writing the necessary information concerning the name change on election day using the affidavit prescribed by the election division under IC 3-10-11-6. The poll clerks shall initial the affirmation. The change of name on the voter registration record is effective immediately, and the person may then vote if otherwise qualified.
As added by P.L.12-1995, SEC.51. Amended by P.L.3-1997, SEC.105; P.L.164-2006, SEC.40; P.L.64-2014, SEC.28; P.L.169-2015, SEC.46.

IC 3-7-41-3 Change made to voter’s registration record
Sec. 3. (a) If a voter indicates a change of name on the poll list under section 2 of this chapter, the county voter registration office shall change the name of the voter on the registration record of the precinct.
(b) This subsection applies to a county that has adopted an order under IC 3-7-29-6 or is a vote center county under IC 3-11-18.1-1. A voter described in subsection (a) may make a written affirmation of the voter’s change of name on election day using the affidavit described by IC 3-10-11-4. If the voter makes an oral affirmation under this subsection, the poll clerks shall reduce the substance of the affirmation to writing using the affidavit described by IC 3-10-11-4 and initial the affirmation.
As added by P.L.12-1995, SEC.51. Amended by P.L.3-1997, SEC.106; P.L.169-2015, SEC.47.

IC 3-7-41-4 Record amended from form submitted at license branch
Sec. 4. As required under 52 U.S.C. 20504(a)(2), the circuit court clerk or board of registration shall amend a voter’s registration record under this chapter to reflect information stated by the voter on a registration form submitted at a license branch.
As added by P.L.12-1995, SEC.51. Amended by P.L.128-2015, SEC.133.

IC 3-7-41-5 Record amended from form submitted at voter registration office
Sec. 5. The circuit court clerk or board of registration shall amend a voter’s registration

record under this chapter to reflect information stated by the voter on a registration form submitted at a voter registration office established under this article.
As added by P.L.12-1995, SEC.51.

IC 3-7-41-6 Record amended from form submitted by mail
Sec. 6. The circuit court clerk or board of registration shall amend a voter’s registration record under this chapter to reflect information stated by a voter on a registration by mail form.
As added by P.L.12-1995, SEC.51.

IC 3-7-42 Chapter 42. Changes in Registration Records Due to Precinct Boundary Changes

IC 3-7-42-1 Applicability of chapter
Sec. 1. This chapter applies whenever a county executive establishes new precincts under IC 3-11-1.5.
As added by P.L.12-1995, SEC.52.

IC 3-7-42-2 Transfer of previous registration records
Sec. 2. If the county executive establishes any precincts under IC 3-11-1.5 so that voters who would not otherwise be required to register are transferred to or included within a precinct other than the precinct in which the voters were registered and voted at the last election, the circuit court clerk or board of registration shall transfer the affidavits of registration from the precinct registration record in which the affidavits are filed to the precinct registration record in which the affidavits belong.
As added by P.L.12-1995, SEC.52.

IC 3-7-42-3 Time for transfer
Sec. 3. The transfer may be made at any time after the order establishing the precincts becomes effective and before the day on which the clerk or board is required to deliver the copy of the registration record or certified copies to the inspectors of the precincts.
As added by P.L.12-1995, SEC.52.

IC 3-7-42-4 Amendment of entry; time of transfer
Sec. 4. At the time of transfer, the county voter registration office shall amend the entry for the voter in the computerized list under IC 3-7-26.3.
As added by P.L.12-1995, SEC.52. Amended by P.L.209-2003, SEC.71; P.L.164-2006, SEC.41; P.L.64-2014, SEC.29.

IC 3-7-43 Chapter 43. Removal From Registration Records Due to Request of Voter

IC 3-7-43-1 Removal of name
Sec. 1. As provided by 52 U.S.C. 20507(a)(3)(A), a circuit court clerk or board of registration may remove the name of a voter from the official list of registered voters at the voter’s request.
As added by P.L.12-1995, SEC.53. Amended by P.L.128-2015, SEC.134.

IC 3-7-43-2 Writing required
Sec. 2. A request from a voter under this chapter must be in writing and may be on a form prescribed by the election division or other forms provided by the circuit court clerk or board of registration (including jury notices) if the voter signs the request for removal.
As added by P.L.12-1995, SEC.53. Amendedby P.L.2-1996, SEC.75; P.L.169-2015, SEC.48.

IC 3-7-43-3 Time for request
Sec. 3. (a) A request from a voter under this chapter may be made when the voter registers in another county in Indiana or in a jurisdiction outside of Indiana. A registration form under this section must be signed by the voter or, if not signed by the voter, after the NVRA official notifies the county voter registration office that the jurisdiction where the voter has registered has provided the election division with written notice of the voter’s registration in the jurisdiction and request for cancellation of previous registrations.
(b) The election division shall forward a copy of the notice to the appropriate county voter registration office.
As added by P.L.12-1995, SEC.53. Amended by P.L.2-1996, SEC.76; P.L.209-2003, SEC.72.

IC 3-7-43-4 Cancellation of registration; move to another county
Sec. 4. (a) This section applies only to a person who has:
(1) moved from the county where the person is registered to another county in Indiana; and
(2) executed an affidavit under IC 3-10-11.
(b) Execution by a person of the affidavit constitutes authorization by the person to cancel the person’s registration in the county of the person’s former residence.
(c) The circuit court clerk or the board of registration of the county of the person’s former residence shall mail the original affidavit of registration and the affidavit executed under IC 3-10-11 within thirty (30) days after the beginning of the next registration period to the clerk or board in the county in which the person currently resides, as shown by the affidavit.
(d) Upon receiving the affidavits sent under subsection (c), the clerk or board of the county in which the person currently resides shall transfer the person’s registration to the proper precinct registration record in the county.
(e) Upon mailing the person’s affidavits to another county under this section, the person’s registration in the county of the person’s former residence shall be canceled.
As added by P.L.12-1995, SEC.53.

IC 3-7-43-5 Cancellation of registration; move to another state
Sec. 5. (a) This section applies only to a person who has:
(1) moved from Indiana to another state; and
(2) executed an affidavit under IC 3-10-10.
(b) Execution by a person of the affidavit under IC 3-10-10 constitutes authorization by the person to cancel the person’s registration in the county of the person’s former residence. As added by P.L.12-1995, SEC.53.

IC 3-7-43-6 Cancellation of registration; voter’s request
Sec. 6. (a) This section applies to a voter who requests a cancellation of voter registration under IC 3-7-39-6.
(b) The county voter registration office of the county in which a voter registers shall send the authorization of cancellation to the county voter registration office using the computerized list, on an expedited basis, as required by IC 3-7-26.3. A county voter registration office is not required to forward a paper copy of the request for cancellation of registration to another county voter registration office if the authorization of cancellation has been transmitted to the other county voter registration office using the computerized list. The county voter registration office shall retain the paper copy of the request for cancellation for the two (2) year period required under 52 U.S.C. 20701.
As added by P.L.12-1995, SEC.53. Amended by P.L.209-2003, SEC.73; P.L.164-2006, SEC.42; P.L.219-2013, SEC.14; P.L.128-2015, SEC.135.

IC 3-7-43-7 Removal and cancellation of affidavit
Sec. 7. The county voter registration office shall cancel the affidavit of registration and enter the date and other information concerning the cancellation in the computerized list under IC 3-7-26.3.
As added by P.L.12-1995, SEC.53. Amended by P.L.209-2003, SEC.74; P.L.164-2006, SEC.43.

IC 3-7-43-8 Cancellation to be sent to proper jurisdiction if registration contains out-of-state address
Sec. 8. (a) If either of the addresses given by a person under IC 3-7-39 is outside Indiana, the county voter registration office shall send the authorization of cancellation to the election division on an expedited basis.
(b) The election division shall promptly send the authorization to the voter registration office of the political subdivision that has jurisdiction over the address.
As added by P.L.12-1995, SEC.53. Amended by P.L.3-1997, SEC.107; P.L.209-2003, SEC.75; P.L.164-2006, SEC.44.

IC 3-7-44 Chapter 44. Repealed

Repealed by P.L.4-1996, SEC.108.

IC 3-7-45 Chapter 45. Removal From Registration Records Due to Death

IC 3-7-45-1 Removal of name
Sec. 1. The name of a voter who dies shall be removed from the registration records as provided in this chapter.
As added by P.L.12-1995, SEC.55.

IC 3-7-45-2 Repealed
As added by P.L.12-1995, SEC.55. Amended by P.L.4-1996, SEC.22; P.L.199-2001, SEC.12; P.L.209-2003, SEC.76. Repealed by P.L.164-2006, SEC.143.

IC 3-7-45-2.1 Report of deceased voters by health officials
Sec. 2.1. (a) As required under 52 U.S.C. 21083, the election division shall coordinate the computerized list generated by the statewide voter registration system under IC 3-7-26.3 with the state department of health to permit a county voter registration office to cancel the registration records of deceased individuals on an expedited basis.
(b) The state department of health shall report to the election division, by county, the names, ages, and known residence addresses of all persons who:
(1) died within Indiana but outside the county of residence; and
(2) maintained a residence address within the county during the two (2) years preceding the date of death.
(c) Each county health officer and municipal health officer shall report to the state department of health the names, ages, and known voting addresses in the county of all persons:
(1) who have died within the jurisdiction of the officer; or
(2) for whom burial permits have been issued by the officer.

The state department of health shall report this information to the election division.
(d) The state department of health shall report to the election division, by county, the names, ages, and known residence addresses of all persons:
(1) who died outside Indiana;
(2) who maintained a residence address within the county during the two (2) years preceding the date of death; and
(3) whose names were supplied to the state department of health under an agreement made under section 5 of this chapter.
(e) The county voter registration office shall request a copy of the death records filed quarterly by the local health department with the county auditor under IC 16-37-3-9(d). If a voter is identified as deceased in the death records, the county voter registration office shall cancel the voter registration record of that individual in conformity with section 3 of this chapter.
As added by P.L.209-2003, SEC.77. Amended by P.L.164-2006, SEC.45; P.L.64-2014, SEC.30; P.L.128-2015, SEC.136; P.L.138-2019, SEC.1.

IC 3-7-45-2.2 Coordination of computerized list
Sec. 2.2. The election division shall coordinate the computerized list described in section
2.1 of this chapter with the bureau of motor vehicles to permit a county voter registration office to cancel on an expedited basis the registration record of an individual who is reported deceased by the bureau of motor vehicles.
As added by P.L.64-2014, SEC.31.

IC 3-7-45-3 Cancellation of registration
Sec. 3. As required by 52 U.S.C. 21083, after receipt of the reports required by section
2.1 or 2.2 of this chapter, each county voter registration office shall cancel the registration of each deceased person listed in the reports.
As added by P.L.12-1995, SEC.55. Amended by P.L.209-2003, SEC.78; P.L.164-2006, SEC.46; P.L.64-2014, SEC.32; P.L.128-2015, SEC.137.

IC 3-7-45-4 Cancellation after receipt of death certificate
Sec. 4. (a) Except as provided in subsection (c), a county voter registration office shall cancel the registration of a deceased person after receiving a copy of the deceased person’s death certificate on an expedited basis, as required under 52 U.S.C. 21083. The county voter registration office shall enter the date and other information regarding the cancellation into the computerized list under IC 3-7-26.3.
(b) Except as provided in subsection (c), a county voter registration office shall cancel the registration of a deceased person after receiving a copy of an obituary, notice of estate administration, or other notice of death of that person published in a newspaper in which a legal notice may be published under IC 5-3-1.
(c) A county voter registration office may require additional written information before canceling the registration of a person under subsection (a) or (b) if the information contained in the death certificate or notice of death is insufficient to identify the person whose registration is to be canceled. If:
(1) additional written information is not given to the county voter registration office; or
(2) the additional written information is insufficient to identify the person whose registration is to be canceled;
the county voter registration office is not required to cancel the person’s registration.
As added by P.L.4-1996, SEC.23. Amended by P.L.209-2003, SEC.79; P.L.164-2006, SEC.47; P.L.258-2013, SEC.65; P.L.219-2013, SEC.15; P.L.128-2015, SEC.138.

IC 3-7-45-5 Acquiring information from other states
Sec. 5. (a) The state department of health shall acquire information regarding the deaths of Indiana residents occurring in each of the other states from those states or from the State and Territorial Exchange of Vital Events (STEVE) System and Electronic Verification of Vital Events (EVVE) System, administered by the National Association for Public Health Statistics and Information Systems. The state department of health may offer to share with each other state information regarding the deaths of the other state’s residents in Indiana.
(b) At least once each month, the state department of health shall forward that information as provided in section 2.1 of this chapter.
As added by P.L.4-1996, SEC.24. Amended by P.L.209-2003, SEC.80; P.L.164-2006, SEC.48; P.L.258-2013, SEC.66.

IC 3-7-45-6 Repealed
As added by P.L.38-1999, SEC.19. Amended by P.L.209-2003, SEC.81. Repealed by P.L.164-2006, SEC.143.

IC 3-7-45-6.1 List of deceased individuals
Sec. 6.1. (a) At least once each month, the election division shall obtain information regarding Indiana residents identified as deceased by the federal Social Security Administration as required by 52 U.S.C. 21083 and in conformity with IC 3-7-26.3.
(b) Not later than thirty (30) days after receiving a report obtained under subsection (a), the election division shall provide each county voter registration office with a report identifying the deceased individuals who are shown as residing in the county.
(c) Except as provided in section 7 of this chapter, the county voter registration office shall cancel the registration of each deceased person listed in the report provided under subsection (b).
(d) If the election division does not perform a duty in accordance with this section, the secretary of state shall perform the duty.
As added by P.L.209-2003, SEC.82. Amended by P.L.164-2006, SEC.49; P.L.153-2013, SEC.4; P.L.258-2013, SEC.67; P.L.128-2015, SEC.139.

IC 3-7-45-7 Voter erroneously identified as deceased
Sec. 7. (a) If a county voter registration office determines that:
(1) a voter has been identified as deceased in a list or report described by this chapter; and
(2) the identification is in error;
the voter registration office may decline to cancel the registration and shall note the apparent error on the voter registration record.
(b) If a county voter registration office determines that a registration has been previously canceled in error due to a report that the voter is deceased, the voter registration office shall reinstate the registration by:
(1) correcting the registration record before a certified list of voters is prepared under IC 3-7-29-1; or
(2) issuing a certificate of error under IC 3-7-48.
As added by P.L.38-1999, SEC.20.

IC 3-7-45-8 Notice of names of deceased voters
Sec. 8. (a) At least once each month, the NVRA official shall notify each county voter registration office of the names of deceased persons obtained under this chapter.
(b) If the NVRA official does not perform a duty in accordance with this section, the secretary of state shall perform the duty.
As added by P.L.199-2001, SEC.13. Amended by P.L.209-2003, SEC.83; P.L.153-2013, SEC.5; P.L.258-2013, SEC.68.

IC 3-7-46 Chapter 46. Removal From Registration Records Due to Criminal Conviction and Incarceration

IC 3-7-46-1 Removal of disfranchised voters
Sec. 1. As permitted under 52 U.S.C. 20507(a)(3)(B) and in the manner required under 52 U.S.C. 21083, a county voter registration office shall remove from the official list of registered voters the name of a voter who is disfranchised under this chapter due to a criminal conviction.
As added by P.L.12-1995, SEC.56. Amended by P.L.209-2003, SEC.84; P.L.128-2015, SEC.140.

IC 3-7-46-2 Imprisoned voter disfranchised
Sec. 2. A person imprisoned following conviction of a crime is disfranchised during the person’s imprisonment.
As added by P.L.12-1995, SEC.56.

IC 3-7-46-3 Removal of name if disfranchisement due to felony conviction
Sec. 3. (a) This section applies to a person convicted of a felony in a district court of the United States.
(b) As required by 52 U.S.C. 20507(g)(5), the NVRA official shall notify the county voter registration office of the county in Indiana in which the person resides of the information provided by the United States attorney under 52 U.S.C. 20507(g)(2), 52 U.S.C. 20507(g)(3), and 52 U.S.C. 20507(g)(4).
(c) If the information provided under subsection (b) indicates that the person is disfranchised under section 2 of this chapter, the countyvoter registration office shall remove the name of the person from the voter registration records on an expedited basis as required by 52 U.S.C. 21083.
As added by P.L.12-1995, SEC.56. Amended by P.L.2-1996, SEC.77; P.L.209-2003, SEC.85; P.L.128-2015, SEC.141.

IC 3-7-46-4 Repealed
As added by P.L.12-1995, SEC.56. Amended by P.L.2-1996, SEC.78; P.L.199-2001, SEC.14; P.L.209-2003, SEC.86. Repealed by P.L.164-2006, SEC.143.

IC 3-7-46-4.1 List provided by department of correction
Sec. 4.1. (a) As required under 52 U.S.C. 21083, the election division shall coordinate the computerized list generated by the statewide voter registration system under IC 3-7-26.3 with the department of correction to permit a county voter registration office to cancel the registration records of disfranchised individuals on an expedited basis.
(b) The department of correction shall provide the NVRA official with a list identifying each person who:
(1) is a resident of Indiana;
(2) has been convicted of a crime; and
(3) has been placed in a department of correction facility during the previous month.
(c) The department of correction shall provide the information required by this section electronically in a format prescribed by the election division.
As added by P.L.209-2003, SEC.87. Amended by P.L.164-2006, SEC.50; P.L.128-2015, SEC.142.

IC 3-7-46-5 Notice to county voter registration office
Sec. 5. The NVRA official shall notify the county voter registration office of each county where a person on the report resides for processing under section 8 of this chapter.
Asadded by P.L.12-1995, SEC.56. Amended by P.L.2-1996, SEC.79; P.L.209-2003, SEC.88.

IC 3-7-46-6 County sheriff to provide list of residents; form of report
Sec. 6. (a) At least once a quarter, and not later than:
(1) January 31;
(2) April 30;
(3) July 31; and
(4) October 31;

of each year, a county sheriff shall provide the county voter registration office with a report containing the information set forth in subsection (b) for processing under section 8 of this chapter.
(b) The report required by subsection (a) must identify each person who:
(1) is a resident of Indiana;
(2) has been convicted of a crime; and
(3) has been placed in a county correctional facility after the last date the sheriff prepared a report required by subsection (a).
(c) The report must be in the form prescribed by the election division under IC 3-5-4-8 and state:
(1) whether the person remains in lawful custody in a county correctional facility as of the date of the report; and
(2) if the person remains in lawful custody, the date that the person is scheduled to be released from the county correctional facility.
As added by P.L.12-1995, SEC.56. Amended by P.L.8-1995, SEC.35; P.L.66-2003, SEC.9; P.L.209-2003, SEC.89; P.L.74-2017, SEC.18; P.L.141-2020, SEC.10.

IC 3-7-46-7 Notice by county voter registration office
Sec. 7. The county voter registration office shall notify the county voter registration office of each county where a person on the list resides that a voter registered in that county has been listed on the report described in section 6 of this chapter.
As added by P.L.12-1995, SEC.56. Amended by P.L.209-2003, SEC.90.

IC 3-7-46-7.5 Removal of person from voter registration records
Sec. 7.5. If the information provided under section 5 or 6 of this chapter indicates that the person is disfranchised under section 2 of this chapter, the county voter registration office shall:
(1) remove the name of the person from the voter registration records; and
(2) enter the date and other information regarding the cancellation into the computerized list under IC 3-7-26.3;
on an expedited basis, as required under 52 U.S.C. 21083.
As added by P.L.209-2003, SEC.91. Amended by P.L.164-2006, SEC.51; P.L.128-2015, SEC.143.

IC 3-7-46-8 Preparation of notice to persons disfranchised
Sec. 8. Each county voter registration office shall prepare a notice to be mailed to the names and last known addresses of all persons within the county who have been disfranchised.
As added by P.L.12-1995, SEC.56. Amended by P.L.3-1997, SEC.108; P.L.209-2003, SEC.92; P.L.164-2006, SEC.52.

IC 3-7-46-9 Mailing of notice to disfranchised person; time requirements; last known address; form
Sec. 9. After preparation of the notice under section 8 of this chapter, the county voter registration office shall mail the notice to the alleged disfranchised person not later than the day following the day that the voter’s registration has been canceled under this chapter. The notice must be mailed to each alleged disfranchised person at the person’s last known address using a form prescribed by the election division under this article.
As added by P.L.12-1995, SEC.56. Amended by P.L.2-1996, SEC.80; P.L.209-2003, SEC.93; P.L.164-2006, SEC.53; P.L.169-2015, SEC.49.

IC 3-7-47 Chapter 47. Repealed

Repealed by P.L.2-1996, SEC.297.

IC 3-7-48 Chapter 48. Determining Registration Status on Election Day

IC 3-7-48-1 Certificate of error; proof of registration; provisional ballot
Sec. 1. (a) Except as otherwise provided by NVRA or in this chapter, a person whose name does not appear on the registration record may not vote, unless the county voter registration office issues a signed certificate of error immediately available for inspection in the county voter registration office showing that the voter is legally registered in the precinct where the voter resides.
(b) A person whose name does not appear on the registration record may cast a provisional ballot as provided in IC 3-11.7.
As added by P.L.12-1995, SEC.58. Amended by P.L.126-2002, SEC.28; P.L.271-2013, SEC.7.

IC 3-7-48-2 Certificate of error; issuance, execution, and numbering
Sec. 2. A certificate of error issued under section 1 of this chapter:
(1) may be issued at any time after:
(A) the production of the certified list under IC 3-7-29; or
(B) the downloading of the information into an electronic poll book under IC 3-7-29-6(c);
(2) shall be executed by the circuit court clerk, or in a county with a board of registration, by both members of the board; and
(3) shall be numbered serially in the method prescribed for entry in the computerized list maintained under IC 3-7-26.3.
As added by P.L.12-1995, SEC.58. Amended by P.L.81-2005, SEC.29; P.L.271-2013, SEC.8; P.L.76-2014, SEC.10.

IC 3-7-48-3 Certificate of error; delivery
Sec. 3. (a) This section does not apply whenever a county voter registration office provides confirmation of the issuance of a certificate of error to a precinct election officer by transmitting the confirmation through an electronic poll book used at a precinct or vote center.
(b) One (1) copy of the certificate of error shall be filed by the circuit court clerk with other election material for the precinct in which the voter resides at the close of the polls as provided in this title.
As added by P.L.12-1995, SEC.58. Amended by P.L.271-2013, SEC.9; P.L.64-2014, SEC.33.

IC 3-7-48-4 Repealed
As added by P.L.12-1995, SEC.58. Repealed by P.L.76-2014, SEC.11.

IC 3-7-48-5 Affirmation regarding residency
Sec. 5. (a) This section applies to a voter who:
(1) formerly resided in a precinct according to the voter registration record; and
(2) no longer resides in that precinct according to the voter registration record.
(b) As provided under 52 U.S.C. 20507(e)(3), a voter described by subsection (a) may vote in the precinct where the voter formerly resided (according to the voter registration record) if the voter makes an oral or a written affirmation to a member of the precinct election board that the voter continues to reside at the address shown as the voter’s former residence on the voter registration record.
(c) A person entitled to make a written affirmation under subsection (b) may make an oral affirmation. The person must make the oral affirmation before the poll clerks of the precinct. After the person makes an oral affirmation under this subsection, the poll clerks shall:
(1) reduce the substance of the affirmation to writing at an appropriate location on the poll list; and
(2) initial the affirmation.
(d) This subsection applies to a county that has adopted an order under IC 3-7-29-6(a)(1) or is a vote center county under IC 3-11-18.1. A voter described in subsection (a) may make a written affirmation described in this section on the affidavit prescribed by the election division under IC 3-10-11-6. If the person makes an oral affirmation under this subsection, the poll clerks shall reduce the substance of the affirmation to writing by using the affidavit prescribed by the commission under IC 3-10-11-6 and initial the affirmation.
As added by P.L.12-1995, SEC.58. Amended by P.L.64-2014, SEC.34; P.L.128-2015, SEC.144; P.L.169-2015, SEC.50.

IC 3-7-48-6 Removal of incorrect name
Sec. 6. If a voter casts a ballot under section 5 of this chapter, the inspector of the precinct shall immediately contact the circuit court clerk or board of registration of the county. The clerk or board shall promptly contact the precinct election board of any precinct in which the voter’s name is incorrectly shown on the rolls, and order the precinct election board to remove the name of the voter from the registration record of that precinct.
As added by P.L.12-1995, SEC.58.

IC 3-7-48-7 Written affirmation of residence in precinct
Sec. 7. (a) A voter shall be permitted to vote in a precinct upon written affirmation of the voter’s residence in the precinct if:
(1) the voter produces a registration receipt indicating that the voter completed a registration application at a license branch or voter registration agencyunder this article on a date within the registration period;
(2) the county voter registration office advises the precinct election board that the office:
(A) approved the application; or
(B) has no record of either approving or rejecting the application; and
(3) the voter completes a registration application and provides the completed application to the precinct election board before voting.
(b) A county election board shall provide each precinct election board with a sufficient number of the registration applications for the purposes described in subsection (a). The precinct election board shall attach the completed registration applications to the poll list for processing by the county voter registration office under IC 3-10-1-31.1.
As added by P.L.12-1995, SEC.58. Amended by P.L.3-1997, SEC.109; P.L.14-2004, SEC.51; P.L.164-2006, SEC.54; P.L.2-2014, SEC.2.

IC 3-7-48-7.5 Voting by provisional ballot due to challenge after affirmation
Sec. 7.5. If a voter makes an oral or a written affirmation under section 5 or 7 of this chapter and is then challenged under IC 3-10-1 or IC 3-11-8 as ineligible to vote in the precinct, the voter shall be provided with a provisional ballot under IC 3-11.7 rather than a regular official ballot. The affidavit executed under this chapter serves as a sufficient affidavit for the voter to receive a provisional ballot under IC 3-11.7.
As added by P.L.164-2006, SEC.55.

IC 3-7-48-8 Addition of name and address to poll list; name to county registration record
Sec. 8. (a) The precinct election board shall add the name and address of a voter described by section 7 of this chapter to the poll list of the precinct.
(b) The county voter registration office shall add the name of a voter described by section 7 of this chapter to the registration record of the county.
As added by P.L.12-1995, SEC.58. Amended by P.L.66-2003, SEC.10.

IC 3-7-48-9 Notice after permission to vote given
Sec. 9. The circuit court clerk or board of registration of a county in which a voter cast a ballot under section 7 of this chapter shall notify the NVRA official and the governing body of the voter registration agency not later than seven (7) days after the election is conducted. As added by P.L.12-1995, SEC.58. Amended by P.L.2-1996, SEC.81.

IC 3-7-48-10 Investigation regarding voting with permission
Sec. 10. The NVRA official shall investigate the incident reported by the circuit court clerk or board of registration under section 9 of this chapter and determine if:
(1) the voter had properly registered at the license branch or agency; and
(2) a violation of NVRA or this article occurred.
As added by P.L.12-1995, SEC.58. Amended by P.L.2-1996, SEC.82.

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Title IC 3 – Article 8 – Candidates

IC 3-8-1 Chapter 1. Qualifications for Candidates

IC 3-8-1-1 Candidates must be registered voters
Sec. 1. (a) This section does not apply to a candidate for any of the following offices:
(1) Judge of a city court.
(2) Judge of a town court.
(b) A person is not qualified to run for:
(1) a state office;
(2) a legislative office;
(3) a local office; or
(4) a school board office;
unless the person is registered to vote in the election district the person seeks to represent not later than the deadline for filing the declaration or petition of candidacy or certificate of nomination.
[Pre-1986 Recodification Citation: 3-1-9-5(h) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.80; P.L.4-1991, SEC.31; P.L.12-1992, SEC.2; P.L.3-1997, SEC.110; P.L.254-1999, SEC.1; P.L.194-2013, SEC.9.

IC 3-8-1-1.1 Filing errors
Sec. 1.1. Subject to IC 3-5-4-1.2, if a candidate filing error is made by the election division or a circuit court clerk, the error does not invalidate the filing.
As added by P.L.194-2013, SEC.10.

IC 3-8-1-1.5 Judges in certain cities and towns; candidates to be registered in county in which municipality is located
Sec. 1.5. (a) This section applies to a candidate for any of the following offices:
(1) Judge of a city court in a city located in a county having a population of more than two hundred fifty thousand (250,000) but less than two hundred seventy thousand (270,000).
(2) Judge of a town court.
(b) A person is not qualified to run for an office subject to this section unless not later than the deadline for filing the declaration or petition of candidacy or certificate of nomination the person is registered to vote in a county in which the municipality is located.
(c) Except as provided in IC 33-35-5-7.5, before a candidate for the office of judge of a city court described in subsection (a)(1) or a town court may file a:
(1) declaration of candidacy or petition of nomination;
(2) certificate of candidate selection under IC 3-13-1-15 or IC 3-13-2-8; or
(3) declaration of intent to be a write-in candidate or certificate of nomination under IC 3-8-2-2.5 or IC 3-10-6-12;
the candidate must be an attorney in good standing admitted to the practice of law in Indiana. As added by P.L.10-1988, SEC.29. Amended by P.L.12-1992, SEC.3; P.L.3-1997, SEC.111; P.L.254-1999, SEC.2; P.L.119-2012, SEC.4; P.L.173-2015, SEC.1.

IC 3-8-1-1.6 Duty of division or board to determine candidate’s compliance
Sec. 1.6. (a) This section does not apply to a candidate unless the candidate is required to file a campaign finance statement of organization under IC 3-9-1-5 or IC 3-9-1-5.5.
(b) Not later than noon fourteen (14) days after the final day for filing a declaration of candidacy, declaration of intent to be a write-in candidate, petition of nomination, certificate of nomination, or certificate of candidate selection under IC 3-13-1-15 or IC 3-13-2-8, the election division or county election board shall determine if a candidate has complied with IC 3-9-1-5 or IC 3-9-1-5.5 (if applicable) by filing any campaign finance statement of organization required for the candidate’s committee.
As added by P.L.3-1995, SEC.46. Amended by P.L.2-1996, SEC.83; P.L.3-1997, SEC.112; P.L.26-2000, SEC.4.

IC 3-8-1-1.7 “Before the election”
Sec. 1.7. As used in this chapter, “before the election” refers to a general, municipal, or special election.
As added by P.L.3-1993, SEC.53.

IC 3-8-1-2 Filings regarding candidacy
Sec. 2. (a) This section does not apply to a candidate challenged under IC 3-8-8.
(b) The commission, a county election board, or a town election board shall act if a candidate (or a person acting on behalf of a candidate in accordance with state law) has filed any of the following:
(1) A declaration of candidacy under IC 3-8-2 or IC 3-8-5.
(2) A request for ballot placement in a presidential primary under IC 3-8-3.
(3) A petition of nomination or candidate’s consent to nomination under IC 3-8-2.5 or IC 3-8-6.
(4) A certificate of nomination under IC 3-8-5, IC 3-8-7, IC 3-10-2-15, or IC 3-10-6-12.
(5) A certificate of candidate selection under IC 3-13-1 or IC 3-13-2.
(6) A declaration of intent to be a write-in candidate under IC 3-8-2-2.5.
(7) A contest to the denial of certification under IC 3-8-2.5 or IC 3-8-6-12.
(c) The commission has jurisdiction to act under this section with regard to any filing described in subsection (b) that was made with the election division. Except for a filing under the jurisdiction of a town election board, a county election board has jurisdiction to act under this section with regard to any filing described in subsection (b) that was made with the county election board, county voter registration office, or the circuit court clerk. A town election board has jurisdiction to act under this section with regard to any filing that was made with the county election board, the county voter registration office, or the circuit court clerk for nomination or election to a town office.
(d) Except as provided in subsection (f), before the commission or election board acts under this section, a registered voter of the election district that a candidate seeks to represent or a county chairman of a major political party of a county in which any part of the election district is located must file a sworn statement before a person authorized to administer oaths, with the election division or election board:
(1) questioning the eligibility of the candidate to seek the office; and
(2) setting forth the facts known to the voter or county chairman of a major political party of a county concerning this question.
(e) The eligibility of a write-in candidate or a candidate nominated by a convention, petition, or primary may not be challenged under this section if the commission or board determines that all of the following occurred:
(1) The eligibility of the candidate was challenged under this section before the candidate was nominated.
(2) The commission or board conducted a hearing on the affidavit before the nomination.
(3) This challenge would be based on substantially the same grounds as the previous challenge to the candidate.
(f) Before the commission or election board can consider a contest to the denial of a certification under IC 3-8-2.5 or IC 3-8-6-12, a candidate (or a person acting on behalf of a candidate in accordance with state law) must file a sworn statement with the election division or election board:
(1) stating specifically the basis for the contest; and
(2) setting forth the facts known to the candidate supporting the basis for the contest.
(g) Upon the filing of a sworn statement under subsection (d) or (f), the commission or election board shall determine the validity of the questioned:
(1) declaration of candidacy;
(2) declaration of intent to be a write-in candidate;
(3) request for ballot placement under IC 3-8-3;
(4) petition of nomination;
(5) certificate of nomination;
(6) certificate of candidate selection issued under IC 3-13-1-15 or IC 3-13-2-8; or
(7) denial of a certification under IC 3-8-2.5 or IC 3-8-6-12.
(h) The commission or election board shall deny a filing if the commission or election board determines that the candidate has not complied with the applicable requirements for the candidate set forth in the Constitution of the United States, the Constitution of the State of Indiana, or this title.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.81; P.L.12-1995, SEC.59; P.L.3-1995, SEC.47; P.L.2-1996, SEC.84; P.L.3-1997, SEC.113; P.L.38-1999, SEC.21;
P.L.176-1999, SEC.25; P.L.66-2003, SEC.11; P.L.97-2004, SEC.3; P.L.194-2013, SEC.11; P.L.169-2015, SEC.51; P.L.74-2017, SEC.19; P.L.278-2019, SEC.18.

IC 3-8-1-3 Limitation on number of lucrative offices
Sec. 3. A person may not hold more than one (1) lucrative office at a time, as provided in Article 2, Section 9 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 2, § 9 part.]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-4 Collectors and holders of public money
Sec. 4. A person may not hold an office of trust or profit unless the person has accounted for and paid over as required by law all sums of public money for which the person was liable as a collector or holder, as provided in Article 2, Section 10 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 2, § 10.]
As added by P.L.5-1986, SEC.4. Amended by P.L.6-1991, SEC.1.

IC 3-8-1-5 Disqualification of candidates
Sec. 5. (a) This section does not apply to a candidate for federal office.
(b) As used in this section, “felony” means a conviction for which the convicted person might have been imprisoned for more than one (1) year.
(c) A person is not disqualified under this section for:
(1) a felony conviction for which the person has been pardoned;
(2) a felony conviction that has been:
(A) reversed;
(B) vacated;
(C) set aside;
(D) not entered because the trial court did not accept the person’s guilty plea; or
(E) expunged under IC 35-38-9; or
(3) a person’s plea of guilty or nolo contendere at a guilty plea hearing that is not accepted and entered by a trial court.
(d) A person is disqualified from assuming or being a candidate for an elected office if:
(1) the person gave or offered a bribe, threat, or reward to procure the person’s election, as provided in Article 2, Section 6 of the Constitution of the State of Indiana;
(2) the person does not comply with IC 5-8-3 because of a conviction for a violation of the federal laws listed in that statute;
(3) in a:
(A) jury trial, a jury publicly announces a verdict against the person for a felony;
(B) bench trial, the court publicly announces a verdict against the person for a felony; or
(C) guilty plea hearing, the person pleads guilty or nolo contendere to a felony;
(4) the person has been removed from the office the candidate seeks under Article 7, Section 11 or Article 7, Section 13 of the Constitution of the State of Indiana;
(5) the person is a member of the United States armed forces on active duty and prohibited by the United States Department of Defense from being a candidate; or
(6) the person is subject to:
(A) 5 U.S.C. 1502 (the Little Hatch Act); or
(B) 5 U.S.C. 7321-7326 (the Hatch Act);

and would violate either federal statute by becoming or remaining the candidate of a political party for nomination or election to an elected office or a political party office.
(e) The subsequent reduction of a felony to a Class A misdemeanor under IC 35 after the:
(1) jury has announced its verdict against the person for a felony;
(2) court has announced its verdict against the person for a felony; or
(3) person has pleaded guilty or nolo contendere to a felony;

does not affect the operation of subsection (d).
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.82; P.L.4-1991, SEC.32; P.L.3-1993, SEC.54; P.L.3-1997, SEC.114; P.L.176-1999, SEC.26; P.L.113-2005, SEC.1;
P.L.37-2008, SEC.1; P.L.181-2014, SEC.1; P.L.74-2017, SEC.20; P.L.142-2020, SEC.3.

IC 3-8-1-5.5 Candidates defeated in primary or nomination process; ineligibility
Sec. 5.5. (a) Except as provided in IC 3-13-1-19 and IC 3-13-2-10 for filling a vacancy on a ticket, a person who:
(1) is defeated in a primary election;
(2) appears as a candidate for nomination at a convention and is defeated;
(3) files a declaration of candidacy for nomination by a county, city, or town convention and is defeated; or
(4) files a declaration of candidacy for nomination by a caucus conducted under IC 3-13-1 or IC 3-13-2 and is defeated;
is not eligible to become a candidate for the same office in the next general or municipal election.
(b) For the purposes of subsection (a):
(1) a candidate for an at-large seat on a fiscal body is considered a candidate for the same office as a candidate for a district seat on a fiscal body; and
(2) a candidate for United States representative from a district in Indiana is considered a candidate for the same office as a candidate for any other congressional district in Indiana.
(c) This section does not apply to a candidate who files a written request for placement on the presidential primary ballot under IC 3-8-3.
As added by P.L.10-1988, SEC.30. Amended by P.L.3-1997, SEC.115; P.L.38-1999, SEC.22; P.L.176-1999, SEC.27.

IC 3-8-1-5.7 Requirements of candidates for appointment pro tempore
Sec. 5.7. (a) Except as expressly provided by law, a candidate for selection under IC 3-13-5 or IC 3-13-11 for an appointment pro tempore to an office must comply with the requirements imposed under this chapter on a candidate for election to the office. For purposes of determining whether a candidate for an appointment pro tempore complies with a requirement imposed under this chapter on a candidate for election to the office, the term “before the election” is considered to read as:
(1) “before the date of the caucus that is required to fill the vacant office”; or
(2) “before the date that the county political party chairman appoints an individual to fill the vacant office”;
whichever is the case.
(b) If a town council member:
(1) was elected or selected as a candidate from a town council district; and
(2) served on a council that subsequently adopted an ordinance under IC 36-5-2-4.1 abolishing town council districts;
a candidate for selection for an appointment pro tempore to succeed the town council member is not required to reside within the district formerly represented by the town council member.
As added by P.L.7-1990, SEC.28. Amended by P.L.3-1993, SEC.55; P.L.176-1999, SEC.28; P.L.219-2013, SEC.16.

IC 3-8-1-6 President or Vice President; presidential elector
Sec. 6. (a) A candidate for the office of President or Vice President of the United States must have the qualifications provided in Article 2, Section 1, clause 4 of the Constitution of the United States.
(b) A candidate for the office of presidential elector or alternate presidential elector must have the qualifications provided in Article 2, Section 1, clause 2 of the Constitution of the United States and Section 3 of the Fourteenth Amendment to the Constitution of the United States.
[Pre-1986 Recodification Citation: U.S. Const. Art. 2, § 1, Cl. 5.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.83; P.L.3-1993, SEC.56; P.L.201-2017, SEC.7.

IC 3-8-1-7 United States Senator
Sec. 7. A candidate for the office of United States Senator must have the qualifications provided in Article 1, Section 3, Clause 3 of the Constitution of the United States.
[Pre-1986 Recodification Citation: U.S. Const. Art. 1, § 3, Cl. 3.]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-8 United States Representative
Sec. 8. A candidate for the office of United States Representative must have the qualifications provided in Article 1, Section 2, Clause 2 of the Constitution of the United States.
[Pre-1986 Recodification Citation: U.S. Const. Art. 1, § 2, Cl. 2.]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-9 Governor or lieutenant governor
Sec. 9. A candidate for the office of governor or lieutenant governor:
(1) must have been a United States citizen for at least five (5) years before the election;
(2) must have resided in the state for at least five (5) years before the election;
(3) must be thirty (30) years old upon taking office; and
(4) may not hold any other office of the United States or of this state upon taking office; as provided in Article 5, Sections 7 and 8 of the Constitution of the State of Indiana.

[Pre-1986 Recodification Citation: Ind. Const. Art. 5, §§ 7, 8.]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-9.5 Governor and lieutenant governor must run jointly
Sec. 9.5. (a) This section applies to a candidate for governor who seeks election by filing:
(1) a petition of nomination under IC 3-8-6; or
(2) a declaration of intent to be a write-in candidate under IC 3-8-2-2.5.
(b) The petition or declaration must contain the name of a candidate for lieutenant governor to permit the candidates to comply with Article 5, Section 4 of the Constitution of the State of Indiana by running jointly in the general election as candidates for governor and lieutenant governor.
As added by P.L.3-1997, SEC.116; Amended by P.L.10-2019, SEC.2.

IC 3-8-1-10 Attorney general
Sec. 10. A candidate for the office of attorney general must:
(1) have resided in Indiana for at least two (2) years before the election; and
(2) have been admitted to the practice of law in Indiana for at least five (5) years upon taking office.
[Pre-1986 Recodification Citation: 4-6-1-3 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.84; P.L.10-1992, SEC.10 and P.L.11-1992, SEC.3.

IC 3-8-1-10.5 Repealed
As added by P.L.3-1987, SEC.85. Repealed by P.L.219-2017, SEC.2.

IC 3-8-1-11 Justice of supreme court; judge of court of appeals
Sec. 11. A nominee for appointment as a justice of the supreme court or judge of the court of appeals must:
(1) be a United States citizen;
(2) reside in the appropriate court of appeals district, if applicable; and
(3) have been admitted to the practice of law in Indiana for at least ten (10) years or have served as a circuit, superior, or criminal court judge for at least five (5) years;
upon nomination, as provided in Article 7, Section 10 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 7, § 10 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.86.

IC 3-8-1-11.5 Repealed
As added by P.L.3-1987, SEC.87. Repealed by P.L.14-2004, SEC.195.

IC 3-8-1-12 Tax court judge
Sec. 12. A nominee for appointment as the judge of the tax court must:
(1) have resided in Indiana for at least two (2) years before the election; and
(2) have been admitted to the practice of law in Indiana for at least five (5) years upon nomination.
[Pre-1986 Recodification Citation: 33-3-5-4.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.88.

IC 3-8-1-13 Senator in general assembly
Sec. 13. A candidate for the office of senator in the general assembly must:
(1) be a United States citizen at the time of election;
(2) have resided in the state for at least two (2) years and in the senate district for at least one (1) year before the election; and
(3) be at least twenty-five (25) years old upon taking office;
as provided in Article 4, Section 7 of the Constitution of the State of Indiana. [Pre-1986 Recodification Citation: Ind. Const. Art. 4, § 7 part.]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-14 Representative in general assembly
Sec. 14. A candidate for the office of representative in the general assembly must:
(1) be a United States citizen at the time of election;
(2) have resided in the state for at least two (2) years and in the house district for at least one (1) year before the election; and
(3) be at least twenty-one (21) years old upon taking office;
as provided in Article 4, Section 7 of the Constitution of the State of Indiana. [Pre-1986 Recodification Citation: Ind. Const. Art. 4, § 7 part.]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-15 Repealed
[Pre-1986 Recodification Citation: Ind. Const. Art. 4, § 30.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-1-16 Circuit court judge
Sec. 16. A candidate for the office of judge of a circuit court must:
(1) reside in the circuit; and
(2) be admitted to the practice of law in the state;
upon taking office, as provided in Article 7, Section 7 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 7, § 7 part.]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-17 Superior or probate court judge
Sec. 17. A candidate for the office of judge of a superior or probate court must:
(1) be admitted to the practice of law in Indiana upon filing a declaration of candidacy or petition of nomination, or upon the filing of a certificate of candidate selection under IC 3-13-1-15 or IC 3-13-2-8; and
(2) comply with any other requirement for that office set forth in IC 33-29, IC 33-33, or IC 33-31.
[Pre-1986 Recodification Citation: 33-13-9-1 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.89; P.L.5-1989, SEC.22; P.L.98-2004, SEC.28.

IC 3-8-1-18 Repealed
[Pre-1986 Recodification Citation: 33-10.5-4-1.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.90. Repealed by P.L.201-2011, SEC.115.

IC 3-8-1-19 Prosecuting attorney
Sec. 19. A candidate for the office of prosecuting attorney must be admitted to the practice of law in the state before the election, as provided in Article 7, Section 16 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 7, § 16 part.]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-19.5 Circuit court clerk
Sec. 19.5. A candidate for the office of circuit court clerk must comply with Article 6, Section 2 of the Constitution of the State of Indiana.
As added by P.L.10-1988, SEC.31.

IC 3-8-1-20 County officers
Sec. 20. A candidate for the office of county auditor, recorder, treasurer, sheriff, coroner, or surveyor must have resided in the county for at least one (1) year before the election, as provided in Article 6, Section 4 of the Constitution of the State of Indiana.
[Pre-1986 Recodification Citation: Ind. Const. Art. 6, § 4.]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-21 County commissioner
Sec. 21. A candidate for the office of county commissioner must:
(1) have resided in the county for at least one (1) year before the election, as provided in Article 6, Section 4 of the Constitution of the State of Indiana; and
(2) have resided in the district in which seeking election, if applicable, for at least six (6) months before the election.
As added by P.L.5-1986, SEC.4. Amended by P.L.77-2014, SEC.2; P.L.278-2019, SEC.19.

IC 3-8-1-22 County council member
Sec. 22. A candidate for membership on the county council of a county must:
(1) have resided in the county for at least one (1) year before the election, as provided in Article 6, Section 4 of the Constitution of the State of Indiana; and
(2) have resided in the district in which seeking election, if applicable, for at least six
(6) months before the election.
[Pre-1986 Recodification Citations: Ind. Const. Art. 6, § 4; 36-2-3-5(a).]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-23 County assessor
Sec. 23. A candidate for the office of county assessor must satisfy the following:
(1) The candidate must have resided in the county for at least one (1) year before the election, as provided in Article 6, Section 4 of the Constitution of the State of Indiana.
(2) The candidate must own real property located in the county upon taking office. [Pre-1986 Recodification Citations: Ind. Const. Art. 6, § 4; 36-2-15-2(b).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.91; P.L.219-2007, SEC.1; P.L.146-2008, SEC.2; P.L.146-2012, SEC.1; P.L.76-2014, SEC.12; P.L.167-2015, SEC.1.

IC 3-8-1-23.4 Repealed
As added by P.L.3-2008, SEC.1. Repealed by P.L.146-2008, SEC.801.

IC 3-8-1-23.5 Repealed
As added by P.L.224-2007, SEC.1 and P.L.219-2007, SEC.2. Repealed by P.L.3-2008, SEC.269; P.L.146-2008, SEC.801.

IC 3-8-1-23.6 Repealed
As added by P.L.3-2008, SEC.2. Amended by P.L.146-2008, SEC.3; P.L.76-2014, SEC.13.
Repealed by P.L.167-2015, SEC.2.

IC 3-8-1-24 Mayor of first class city
Sec. 24. A candidate for the office of mayor of a first class city must have resided in the city for at least one (1) year before the date of taking office.
[Pre-1986 Recodification Citation: 36-3-3-2(b).]
As added by P.L.5-1986, SEC.4. Amended by P.L.266-2013, SEC.1.

IC 3-8-1-25 City-county council member
Sec. 25. A candidate for membership on city-county council of a first class city must have resided in the district in which seeking election, if applicable, for at least one (1) year before the date of taking office.
[Pre-1986 Recodification Citation: 36-3-4-2(b).]
As added by P.L.5-1986, SEC.4. Amended by P.L.266-2013, SEC.2.

IC 3-8-1-26 Mayor of second or third class city
Sec. 26. A candidate for the office of mayor of a second or third class city must have resided in the city for at least one (1) year before the election.
[Pre-1986 Recodification Citation: 36-4-5-2(b).]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-27 Common council member
Sec. 27. A candidate for membership on common council of a second or third class city must:
(1) have resided in the city for at least one (1) year; and
(2) have resided in the district in which seeking election, if applicable, for at least six
(6) months; before the election.
[Pre-1986 Recodification Citation: 36-4-6-2(b).]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-28 City clerk of second class city; city clerk-treasurer of third class city
Sec. 28. A candidate for the office of city clerk of a second class city or city clerk-treasurer of a third class city must have resided in the city for at least one (1) year before the election.
[Pre-1986 Recodification Citation: 36-4-10-3(a).]
As added by P.L.5-1986, SEC.4.

IC 3-8-1-28.5 City court judge
Sec. 28.5. (a) This section does not apply to a candidate for the office of judge of a city court in a city located in a county having a population of more than two hundred fifty thousand (250,000) but less than two hundred seventy thousand (270,000).
(b) A candidate for the office of judge of a city court must reside in the city upon filing any of the following:
(1) A declaration of candidacy or declaration of intent to be a write-in candidate required under IC 3-8-2.
(2) A petition of nomination under IC 3-8-6.
(3) A certificate of nomination under IC 3-10-6-12.
(c) A candidate for the office of judge of a city court must reside in a county in which the city is located upon the filing of a certificate of candidate selection under IC 3-13-1-15 or IC 3-13-2-8.
(d) Before a candidate for the office of judge of a city court may file a:
(1) declaration of candidacy or petition of nomination;
(2) certificate of candidate selection under IC 3-13-1-15 or IC 3-13-2-8; or
(3) declaration of intent to be a write-in candidate or certificate of nomination under IC 3-8-2-2.5 or IC 3-10-6-12; the candidate must be an attorney in good standing admitted to the practice of law in Indiana. As added by P.L.3-1987, SEC.92. Amended by P.L.12-1992, SEC.4; P.L.12-1997, SEC.1; P.L.38-1999, SEC.23; P.L.176-1999, SEC.29; P.L.254-1999, SEC.3; P.L.14-2000, SEC.2;
P.L.98-2004, SEC.29; P.L.119-2012, SEC.5; P.L.173-2015, SEC.2.

IC 3-8-1-29 Town council member
Sec. 29. A candidate for membership on a town council must reside in the district in which seeking election, if applicable.
[Pre-1986 Recodification Citation: 36-5-2-5 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.8-1989, SEC.3.

IC 3-8-1-29.5 Repealed
As added by P.L.176-1999, SEC.30 and P.L.254-1999, SEC.4. Amended by P.L.14-2000, SEC.3; P.L.98-2004, SEC.30. Repealed by P.L.173-2015, SEC.3.

IC 3-8-1-30 Small claims court judge
Sec. 30. A candidate for the office of judge of a small claims court must:
(1) be a United States citizen upon taking office;
(2) either:
(A) have resided in the township from which the candidate is elected for at least one
(1) year upon taking office; or
(B) have been elected as a small claims court judge in the township before 1999;
(3) be of high moral character and reputation; and
(4) be admitted to the practice of law in Indiana upon filing a declaration of candidacy or petition of nomination or upon the filing of a certificate of candidate selection under IC 3-13-1-15 or IC 3-13-2-8.
[Pre-1986 Recodification Citation: 33-11.6-3-2 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.93; P.L.95-1999, SEC.1.

IC 3-8-1-31 Small claims court constable
Sec. 31. A candidate for the office of constable of a small claims court must:
(1) have resided in the township for more than one (1) year upon taking office; and
(2) be at least twenty-one (21) years old upon taking office. [Pre-1986 Recodification Citation: 33-11.6-8-4(d) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.18-1993, SEC.1.

IC 3-8-1-32 Precinct committeeman; delegate to state convention
Sec. 32. A candidate for:
(1) precinct committeeman; or
(2) delegate to a state convention;
of a political party in the state whose nominee received at least ten percent (10%) of the total vote cast for secretary of state at the last election must comply with any candidate requirement set by state party rules.
[Pre-1986 Recodification Citation: 3-1-9-4.5(a), (c).]
As added by P.L.5-1986, SEC.4. Amended by P.L.66-2003, SEC.12.

IC 3-8-1-33 Candidates who must file statement of economic interests
Sec. 33. (a) A candidate for an office listed in subsection (b) must file a statement of economic interests.
(b) Whenever a candidate for any of the following offices is also required to file a declaration of candidacy or is nominated by petition, the candidate shall file a statement of economic interests before filing the declaration of candidacy or declaration of intent to be a write-in candidate, before the petition of nomination is filed, before the certificate of nomination is filed, or before being appointed to fill a candidate vacancy under IC 3-13-1 or IC 3-13-2:
(1) Governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, and attorney general, in accordance with IC 4-2-6-8.
(2) Senator and representative in the general assembly, in accordance with IC 2-2.2-2.
(3) Justice of the supreme court, judge of the court of appeals, judge of the tax court, judge of a circuit court, judge of a superior court, judge of a probate court, and prosecuting attorney, in accordance with IC 33-23-11-14 and IC 33-23-11-15.
(4) A candidate for a local office or school board office, in accordance with IC 3-8-9, except a candidate for a local office described in subdivision (3).
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.94; P.L.3-1995, SEC.48; P.L.14-2004, SEC.52; P.L.98-2004, SEC.31; P.L.2-2005, SEC.2; P.L.201-2011, SEC.2; P.L.90-2012, SEC.1; P.L.123-2015, SEC.18; P.L.219-2017, SEC.3; P.L.8-2019, SEC.2.

IC 3-8-1-34 School board offices
Sec. 34. (a) A candidate for a school board office must have resided in the school corporation for at least one (1) year before the election.
(b) This subsection applies to a candidate for school board office seeking to represent an election district that consists of less than the entire school corporation. The candidate must have resided in the election district for at least one (1) year before the election.
As added by P.L.3-1987, SEC.95. Amended by P.L.3-1997, SEC.117; P.L.233-2015, SEC.1.

IC 3-8-2 Chapter 2. Declaration of Candidacy for Federal, State, Legislative, or Local Office in Primary Election

IC 3-8-2-1 Application of chapter
Sec. 1. This chapter applies to the following:
(1) Each political party in the state whose nominee received at least ten percent (10%) of the total vote cast for secretary of state at the last election.
(2) Write-in candidates.
[Pre-1986 Recodification Citation: 3-1-9-1 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.4-1991, SEC.33.

IC 3-8-2-2 Necessity of declaration of candidacy for nomination at primary election
Sec. 2. A person who desires to be nominated at a primary election as a candidate of a political party subject to this chapter for a federal, state, legislative, or local office shall file a declaration of candidacy.
[Pre-1986 Recodification Citations: 3-1-9-1 part; 3-1-9-5(a) part.]
As added by P.L.5-1986, SEC.4.

IC 3-8-2-2.2 Repealed
As added by P.L.3-1995, SEC.49. Amended by P.L.26-2000, SEC.5; P.L.1-2005, SEC.53. Repealed by P.L.179-2011, SEC.34.

IC 3-8-2-2.5 Requirements for write-in candidates
Sec. 2.5. (a) A person who desires to be a write-in candidate for a federal, state, legislative, or local office or school board office in a general, municipal, or school board election must file a declaration of intent to be a write-in candidate with the officer with whom declaration of candidacy must be filed under sections 5 and 6 of this chapter.
(b) The declaration of intent to be a write-in candidate required under subsection (a) must be signed before a person authorized to administer oaths and must certify the following information:
(1) The candidate’s name must be printed or typewritten as:
(A) the candidate wants the candidate’s name to be certified; and
(B) the candidate’s name is permitted to appear under IC 3-5-7.
(2) A statement that the candidate is a registered voter and the location of the candidate’s precinct and township (or ward, if applicable, and city or town), county, and state.
(3) The candidate’s complete residence address, and if the candidate’s mailing address is different from the residence address, the mailing address.
(4) The candidate’s party affiliation or a statement that the candidate is an independent candidate (not affiliated with any party). The candidate may not claim affiliation with any political party described by IC 3-8-4-1.
(5) A statement of the candidate’s intention to be a write-in candidate, the name of the office, including the district, and the date and type of election.
(6) If the candidate is a candidate for the office of President or Vice President of the United States, a statement declaring the names of the individuals who have consented and are eligible to be the candidate’s candidates for presidential electors and each candidate for alternate presidential elector for each presidential elector.
(7) The following statements:
(A) A statement that the candidate has attached either of the following to the declaration:
(i) A copy of a statement of economic interests, file stamped by the office required to receive the statement of economic interests.
(ii) A receipt or photocopy of a receipt showing that a statement of economic interests has been filed.
This requirement does not apply to a candidate for a federal office.
(B) A statement that the candidate understands that if the candidate is elected to the office, the candidate may be required to obtain and file an individual surety bond before serving in the office. This requirement does not apply to a candidate for a federal office or legislative office.
(C) A statement that the candidate understands that if the candidate is elected to the office, the candidate may be required to successfully complete training or have attained certification related to service in an elected office. This requirement does not apply to a candidate for a federal office, state office, or legislative office.
(D) A statement that the candidate:
(i) is aware of the provisions of IC 3-9 regarding campaign finance and the reporting of campaign contributions and expenditures; and
(ii) agrees to comply with the provisions of IC 3-9.
This requirement does not apply to a candidate for a federal office.
The candidate must separately initial each of the statements required by this subdivision.
(8) A statement as to whether the candidate has:
(A) been a candidate for state, legislative, or local office in a previous primary or general election; and
(B) filed all reports required by IC 3-9-5-10 for all previous candidacies.
(9) If the candidate is subject to IC 3-9-1-5, a statement that the candidate has filed a campaign finance statement of organization for the candidate’s principal committee or is aware that the candidate may be required to file a campaign finance statement of organization not later than noon seven (7) days after the final date to file the declaration of intent to be a write-in candidate under section 4 of this chapter.
(10) If the candidate is subject to IC 3-9-1-5.5, a statement that the candidate is required to file a campaign finance statement of organization under IC 3-9 after the first of either of the following occurs:
(A) The candidate receives more than five hundred dollars ($500) in contributions.
(B) The candidate makes more than five hundred dollars ($500) in expenditures.
(11) A statement that the candidate complies with all requirements under the laws of Indiana to be a candidate for the above named office, including any applicable residency requirements, and that the candidate is not ineligible to be a candidate due to a criminal conviction that would prohibit the candidate from serving in the office.
(12) The candidate’s signature and telephone number.
(c) At the time of filing the declaration of intent to be a write-in candidate, the write-in candidate is considered a candidate for all purposes.
(d) A write-in candidate must comply with the requirements under IC 3-8-1 that apply to the office to which the write-in candidate seeks election.
(e) A person may not be a write-in candidate in a contest for nomination or for election to a political party office.
(f) A write-in candidate for the office of President or Vice President of the United States must list the following:
(1) The names of the write-in candidate’s candidates for presidential elector. A write-in candidate may not list more than the total number of presidential electors to be chosen in Indiana under this subdivision.
(2) The name of the write-in candidate’s candidate for each alternate presidential elector for each presidential elector.
(g) The election division shall provide that the form of a declaration of intent to be a write-in candidate includes the following information:
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reports under IC 3-9.
(h) A declaration of intent to be a write-in candidate must include a statement that the candidate requests the name on the candidate’s voter registration record be the same as the name the candidate uses on the declaration of intent to be a write-in candidate. If there is a difference between the name on the candidate’s declaration of intent to be a write-in candidate and the name on the candidate’s voter registration record, the officer with whom the declaration of intent to be a write-in candidate is filed shall forward the information to the voter registration officer of the appropriate countyas required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the candidate’s voter registration record to be the same as the name on the candidate’s declaration of intent to be a write-in candidate.
As added by P.L.4-1991, SEC.34. Amended by P.L.1-1992, SEC.3; P.L.10-1992, SEC.11; P.L.3-1993, SEC.57; P.L.3-1995, SEC.50; P.L.3-1997, SEC.118; P.L.202-1999, SEC.2;
P.L.26-2000, SEC.6; P.L.66-2003, SEC.13; P.L.217-2013, SEC.1; P.L.76-2014, SEC.14;
P.L.169-2015, SEC.52; P.L.74-2017, SEC.21; P.L.201-2017, SEC.8.

IC 3-8-2-2.6 Repealed
As added by P.L.164-2006, SEC.56. Amended by P.L.225-2011, SEC.24. Repealed by P.L.219-2013, SEC.17.

IC 3-8-2-2.7 Withdrawal of declaration of intent
Sec. 2.7. (a) A candidate may withdraw a declaration of intent to be a write-in candidate not later than noon July 15 before a general or municipal election.
(b) This subsection applies to a candidate who filed a declaration of intent to be a write-in candidate with the election division. The election division shall issue a corrected certification of write-in candidates under IC 3-8-7-30 as soon as practicable after a declaration is withdrawn under this section.
As added by P.L.3-1993, SEC.58. Amended by P.L.3-1997, SEC.119; P.L.14-2004, SEC.53; P.L.164-2006, SEC.57; P.L.219-2013, SEC.18.

IC 3-8-2-3 Precinct committeeman or delegate to state convention; necessity of declaration of candidacy
Sec. 3. A person who desires to be elected either or both of the following at a primary election shall file a declaration of candidacy:
(1) Precinct committeeman.
(2) Delegate to a state convention.
[Pre-1986 Recodification Citations: 3-1-9-1 part; 3-1-9-4.5(b); 3-1-9-5(a) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1995, SEC.51.

IC 3-8-2-4 Time for filing and execution of declaration; census
Sec. 4. (a) A declaration of candidacy for a primary election must be filed not later than noon eighty-eight (88) days and not earlier than one hundred eighteen (118) days before the primary election. The declaration must be subscribed and sworn to before a person authorized to administer oaths.
(b) A declaration of intent to be a write-in candidate must be filed:
(1) not earlier than the first date specified in IC 3-8-6-10(b) for the timely filing of a petition of nomination; and
(2) not later than noon on the date specified by IC 3-13-1-15(c) for a major political party to file a certificate of candidate selection.
The declaration must be subscribed and sworn to before a person authorized to administer oaths.
(c) During a year in which a federal decennial census, federal special census, special tabulation, or corrected population count becomes effective under IC 1-1-3.5, a declaration of:
(1) candidacy may be filed for an office that will appear on the primary election ballot; or
(2) intent to be a write-in candidate may be filed for an office that will appear on the general, municipal, or school board election ballot;
that year as a result of the new tabulation of population or corrected population count. [Pre-1986 Recodification Citation: 3-1-9-5(a) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.96; P.L.1-1988, SEC.5; P.L.10-1988, SEC.32; P.L.5-1989, SEC.23; P.L.2-1990, SEC.6; P.L.4-1991, SEC.35;
P.L.10-1992, SEC.12; P.L.3-1993, SEC.59; P.L.3-1997, SEC.120; P.L.14-2004, SEC.54;
P.L.230-2005, SEC.23; P.L.164-2006, SEC.58; P.L.225-2011, SEC.25; P.L.219-2013, SEC.19.

IC 3-8-2-5 Filing with secretary of state
Sec. 5. A declaration of candidacy for:
(1) a federal office;
(2) a state office;
(3) a legislative office; or
(4) the local office of:
(A) judge of a circuit, superior, probate, or small claims court; or
(B) prosecuting attorney of a judicial circuit; shall be filed with the secretary of state.
[Pre-1986 Recodification Citation: 3-1-9-5(a) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.97; P.L.5-1988, SEC.2; P.L.216-2015, SEC.5.

IC 3-8-2-6 Certain local offices; filing declaration of candidacy; posting
Sec. 6. (a) A declaration of candidacy for:
(1) any local office not described in section 5 of this chapter;
(2) precinct committeeman; or
(3) delegate to a state convention;
shall be filed in the office of the county election board located in the county seat.
(b) Whenever the election district for a local office includes more than one (1) county, the declaration of candidacy shall be filed in the office of the county election board located in the county seat of the county that contains the greatest percentage of population of the election district.
(c) 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). The chief deputy of the combined election board and board of registration shall post for public inspection a copy of each declaration of candidacy filed under this section on the day the declaration is filed.
[Pre-1986 Recodification Citation: 3-1-9-5(a) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.98; P.L.7-1991, SEC.1; P.L.12-1992, SEC.5; P.L.3-1997, SEC.121.

IC 3-8-2-7 Declaration of candidacy
Sec. 7. (a) The declaration of each candidate required by this chapter must be signed before a person authorized to administer oaths and contain the following information:
(1) The candidate’s name, printed or typewritten as:
(A) the candidate wants the candidate’s name to appear on the ballot; and
(B) the candidate’s name is permitted to appear on the ballot under IC 3-5-7.
(2) A statement that the candidate is a registered voter and the location of the candidate’s precinct and township (or ward, if applicable, and city or town), county, and state.
(3) The candidate’s complete residence address, and if the candidate’s mailing address is different from the residence address, the mailing address.
(4) A statement of the candidate’s party affiliation. For purposes of this subdivision, a candidate is considered to be affiliated with a political party only if any of the following applies:
(A) The most recent primary election in Indiana in which the candidate voted was a primary election held by the party with which the candidate claims affiliation.
(B) The county chairman of:
(i) the political party with which the candidate claims affiliation; and
(ii) the county in which the candidate resides;
certifies that the candidate is a member of the political party.
The declaration of candidacy must inform candidates how party affiliation is determined under this subdivision and permit the candidate to indicate on the declaration of candidacy which of clauses (A) or (B) applies to the candidate. If a candidate claims party affiliation under clause (B), the candidate must attach to the candidate’s declaration of candidacy the written certification of the county chairman required by clause (B).
(5) A statement that the candidate complies with all requirements under the laws of Indiana to be a candidate for the above named office, including any applicable residency requirements, and that the candidate is not ineligible to be a candidate due to a criminal conviction that would prohibit the candidate from serving in the office.
(6) A request that the candidate’s name be placed on the official primary ballot of that party to be voted on, the office for which the candidate is declaring, and the date of the primary election.
(7) The following statements:
(A) A statement that the candidate has attached either of the following to the declaration:
(i) A copy of a statement of economic interests, file stamped by the office required to receive the statement of economic interests.
(ii) A receipt or photocopy of a receipt showing that a statement of economic interests has been filed.
This requirement does not apply to a candidate for a federal office.
(B) A statement that the candidate understands that if the candidate is elected to the office, the candidate may be required to obtain and file an individual surety bond before serving in the office. This requirement does not apply to a candidate for a federal office or legislative office.
(C) A statement that the candidate understands that if the candidate is elected to the office, the candidate may be required to successfully complete training or have attained certification related to service in an elected office. This requirement does not apply to a candidate for a federal office, state office, or legislative office.
(D) A statement that the candidate:
(i) is aware of the provisions of IC 3-9 regarding campaign finance and the reporting of campaign contributions and expenditures; and
(ii) agrees to comply with the provisions of IC 3-9.
This requirement does not apply to a candidate for a federal office.
The candidate must separately initial each of the statements required by this subdivision.
(8) A statement as to whether the candidate has been a candidate for state, legislative, or local office in a previous primary, municipal, special, or general election and whether the candidate has filed all reports required by IC 3-9-5-10 for all previous candidacies.
(9) If the candidate is subject to IC 3-9-1-5, a statement that the candidate has filed a campaign finance statement of organization for the candidate’s principal committee or is aware that the candidate may be required to file a campaign finance statement of organization not later than noon seven (7) days after the final date to file the declaration of candidacy under section 4 of this chapter.
(10) The candidate’s signature.
(b) The election division shall provide that the form of a declaration of candidacy includes the following information:
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reports under IC 3-9.
(c) A declaration of candidacy must include a statement that the candidate requests the name on the candidate’s voter registration record be the same as the name the candidate uses on the declaration of candidacy. If there is a difference between the name on the candidate’s declaration of candidacy and the name on the candidate’s voter registration record, the officer with whom the declaration of candidacy is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the candidate’s voter registration record to be the same as the name on the candidate’s declaration of candidacy.
[Pre-1986 Recodification Citation: 3-1-9-5(a) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1993, SEC.60; P.L.3-1995, SEC.52; P.L.3-1997, SEC.122; P.L.202-1999, SEC.3; P.L.167-2001, SEC.1 and P.L.199-2001, SEC.15; P.L.69-2003, SEC.2; P.L.194-2013, SEC.12; P.L.76-2014, SEC.15; P.L.169-2015, SEC.53; P.L.74-2017, SEC.22.

IC 3-8-2-8 Petition for candidacy for U.S. Senator or governor
Sec. 8. (a) A declaration of candidacy for the office of United States Senator or for the office of governor must be accompanied by a petition signed by at least four thousand five hundred (4,500) voters of the state, including at least five hundred (500) voters from each congressional district.
(b) Each petition must contain the following:
(1) The signature of each petitioner.
(2) The name of each petitioner legibly printed.
(3) The residence address of each petitioner as set forth on the petitioner’s voter registration record.
(c) Except as provided in this subsection, the signature, printed name, and residence address of the petitioner must be made in writing by the petitioner. If a petitioner with a disability is unable to write this information on the petition, the petitioner may authorize an individual to do so on the petitioner’s behalf. The individual acting under this subsection shall execute an affidavit of assistance for each such petitioner, in a form prescribed by the election division. The form must set forth the name and address of the individual providing assistance, and the date the individual provided the assistance. The form must be submitted with the petition.
(d) This subsection applies to a petition filed during the period:
(1) beginning on the date that a congressional district plan has been adopted under IC 3-3; and
(2) ending on the date that the part of the act or order issued under IC 3-3-2 establishing the previous congressional district plan is repealed or superseded.
The petition must be signed by at least four thousand five hundred (4,500) voters of Indiana, including at least five hundred (500) voters from each congressional district created by the most recent congressional district plan adopted under IC 3-3.
[Pre-1986 Recodification Citation: 3-1-9-5(b).]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1992, SEC.13; P.L.126-2002, SEC.29; P.L.194-2013, SEC.13; P.L.169-2015, SEC.54.

IC 3-8-2-9 Form of petition; certification
Sec. 9. (a) A petition required by section 8 of this chapter must request that the name of the candidate be placed on the ballot at the primary election.
(b) The county voter registration office in the county where a petitioner is registered must certify whether each petitioner is a voter at the residence address listed in the petition at the time the petition is being processed, and whether that address is located within the election district for the office. The certification must accompany and be part of the petition.
(c) If a county is part of more than one (1) congressional district, the certificate must indicate the number of petitioners from that county who reside in each congressional district.
[Pre-1986 Recodification Citation: 3-1-9-5(c) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.38-1999, SEC.24; P.L.194-2013, SEC.14.

IC 3-8-2-10 Submission of petition to county voter registration office
Sec. 10. (a) A petition required by section 8 of this chapter must be submitted to the county voter registration office during the period beginning on the first date that a declaration of candidacy may be filed under section 4 of this chapter in the year in which the primary election will be held and ending at noon ninety-one (91) days before the primary election.
(b) After the certification of a petition under this section, the county voter registration office may, upon the request of the candidate named in the petition, return the original petition to the candidate for filing with the secretary of state under section 5 of this chapter.
[Pre-1986 Recodification Citation: 3-1-9-5(c) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.33; P.L.5-1989, SEC.24; P.L.225-2011, SEC.26.

IC 3-8-2-11 Declaration of candidacy; filing; candidates required to file statement of economic interests or financial disclosure statement
Sec. 11. (a) A declaration of candidacy may be made by mail and is considered filed as of the date and hour the filing occurs in the manner described by IC 3-5-2-24.5 in the office of the election division or circuit court clerk.
(b) This subsection applies to a candidate required to file a statement of economic interests under IC 2-2.2-2 or IC 33-23-11-15 or a financial disclosure statement under IC 4-2-6-8. This subsection does not apply to a candidate for a local office or school board office required to file a statement of economic interests under IC 3-8-9. The election division shall require the candidate to produce a:
(1) copy of the statement, file stamped by the office required to receive the statement of economic interests; or
(2) receipt or photocopy of a receipt showing that the statement has been filed; before the election division accepts the declaration for filing. The election division shall reject a filing that does not comply with this subsection.
(c) This subsection applies to a candidate for a local office or school board office required to file a statement of economic interests under IC 3-8-9. The circuit court clerk shall reject a declaration of candidacy that does not include a statement of economic interests.
[Pre-1986 Recodification Citations: 3-1-9-5(d) part, (e) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.5-1989, SEC.25; P.L.3-1993, SEC.61; P.L.3-1997, SEC.123; P.L.230-2005, SEC.24; P.L.164-2006, SEC.59; P.L.90-2012, SEC.2;
P.L.219-2013, SEC.20; P.L.123-2015, SEC.19; P.L.74-2017, SEC.23.

IC 3-8-2-12 Repealed
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1995, SEC.53; P.L.3-1997, SEC.124; P.L.76-2014, SEC.16; Repealed by P.L.278-2019, SEC.20.

IC 3-8-2-12.5 Declaration of intent to be write-in candidate
Sec. 12.5. (a) This section applies to a declaration of intent to be a write-in candidate in which the candidate states that the candidate is affiliated with the political party.
(b) If a candidate claims affiliation with a political party:
(1) described by IC 3-8-4-1;
(2) of a candidate who has previously filed a petition of nomination under IC 3-8-6; or
(3) whose name would result in voter confusion due to its similarity with the name of a political party described in subdivision (1) or (2); a registered voter of the election district may question the validity of the filing in accordance with IC 3-8-1-2. The commission or county election board shall determine the validity of the questioned filing under section 14 or section 18 of this chapter.
(c) Following the filing of a question under subsection (b) and not later than the deadline for resolution of a question concerning a candidacy under section 14 or section 18 of this chapter, a candidate may file a written amendment to the declaration to alter the name of the political party or to indicate that the candidate is independent.
(d) If:
(1) the commission or county election board determines that the candidate’s stated party affiliation is described under subsection (c); and
(2) the candidate does not file an amendment under subsection (d); the commission or board shall deny the filing.
As added by P.L.3-1997, SEC.125.

IC 3-8-2-13 Release of list of candidates
Sec. 13. Immediately after the deadline for filing, the election division and each circuit court clerk shall certify and release to the public a list of the candidates of each political party for each office. The election division and circuit court clerk shall also release to the public a list of all declarations of candidacy whose validity has been questioned under IC 3-8-1-2.
[Pre-1986 Recodification Citation: 3-1-9-5(e) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.126.

IC 3-8-2-14 Questions concerning validity of declaration
Sec. 14. (a) All questions concerning the validity of a declaration filed with the secretary of state shall be referred to and determined by the commission in accordance with section 18 of this chapter. A statement questioning the validity of a declaration must be filed with the election division under IC 3-8-1-2(d) not later than noon eighty-one (81) days before the date of the primary election.
(b) All questions concerning the validity of a declaration of candidacy filed with a circuit court clerk shall be referred to and determined by the county election board not later than noon sixty-eight (68) days before the date of the primary election. A statement questioning the validity of a declaration must be filed with the county election board under IC 3-8-1-2(d) not later than noon eighty-one (81) days before the date of the primary election.
(c) A question concerning the validity of a declaration of intent to be a write-in candidate shall be determined by the commission or the county election board not later than noon eighty-one (81) days before election day. A statement questioning the validity of a declaration of intent to be a write-in candidate must be filed with the election division or county election board under IC 3-8-1-2(d) not later than noon eighty-eight (88) days before election day.
[Pre-1986 Recodification Citation: 3-1-9-5(e) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.4-1991, SEC.36; P.L.3-1993, SEC.62; P.L.2-1996, SEC.85; P.L.58-2001, SEC.1; P.L.14-2004, SEC.55; P.L.225-2011, SEC.27; P.L.74-2017, SEC.24.

IC 3-8-2-15 Declarations for more than one compensated office
Sec. 15. (a) A person who files a declaration of candidacy for an elected office for which a per diem or salary is provided for by law is disqualified from filing a declaration of candidacy for another office for which a per diem or salary is provided for by law until the original declaration is withdrawn.
(b) A person may file both:
(1) a declaration of candidacy under this chapter for nomination to a federal or state office; and
(2) a written request under IC 3-8-3-1 that the person’s name be placed on the ballot in a primary election as a candidate for nomination for the office of President of the United States.
[Pre-1986 Recodification Citation: 3-1-9-5(f).]
As added by P.L.5-1986, SEC.4. Amended by P.L.12-1988, SEC.1; P.L.3-1997, SEC.127; P.L.176-1999, SEC.31; P.L.179-2011, SEC.3.

IC 3-8-2-16 Declarations for more than one political party
Sec. 16. A person who files a declaration of candidacy for an elected office may not file a declaration of candidacy for that office in the same primary election for a different political party until the original declaration is withdrawn.
[Pre-1986 Recodification Citation: 3-1-9-5(g).]
As added by P.L.5-1986, SEC.4.

IC 3-8-2-17 Certified list of candidates
Sec. 17. (a) At least seventy-four (74) days before a primary election in a county, the election division shall transmit to each county election board a certified list containing the name and address of each person for whom a declaration of candidacy has been filed with the election division and for which voters at the primary election may vote.
(b) The list must designate the office for which the person is a candidate and the political party the person represents.
(c) If the commission determines under section 18 of this chapter that the certified list of candidates should be amended to add or remove the name of a candidate, as soon as practicable after this determination, the election division shall transmit the county election board an amendment indicating the change to be made in the certified list.
[Pre-1986 Recodification Citation: 3-1-9-8.1 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.5-1989, SEC.26; P.L.3-1997, SEC.128; P.L.225-2011, SEC.28.

IC 3-8-2-18 Hearings concerning declarations of candidacy before commission
Sec. 18. (a) The commission shall act upon a question concerning a declaration of candidacy not later than noon sixty-eight (68) days before the date of the primary election.
(b) The notice requirements set forth in IC 4-21.5 do not apply to the meeting conducted by the commission under subsection (a). The election division is required to give the best possible notice of the meeting to a person that the election division identifies as an interested party. Unless a written objection is filed with the election division before the end of the meeting, appearance in person or by counsel at the commission’s meeting to act under subsection (a) constitutes an admission that adequate notice of the meeting has been given.
[Pre-1986 Recodification Citation: 3-1-9-8.1 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.5-1989, SEC.27; P.L.2-1996, SEC.86; P.L.3-1997, SEC.129; P.L.58-2001, SEC.2; P.L.225-2011, SEC.29.

IC 3-8-2-19 Publishing and filing notice of election
Sec. 19. (a) Upon receipt of the certified list under section 17 of this chapter, a county election board shall immediately compile under the proper political party designation the following:
(1) The title of each office.
(2) The name of each individual who has filed a request to be placed on the presidential primary ballot.
(3) The names and addresses of all persons for whom declarations of candidacy have been filed for nomination to an office on the primary election ballot, except for an individual with a restricted address under IC 36-1-8.5.
(4) The text of any public question to be placed on the ballot.
(5) The date of the primary election.
(6) The hours during which the polls will be open.
(b) The county election board shall do the following:
(1) Publish the information described in subsection (a) before the primary election in accordance with IC 5-3-1.
(2) File a copy of the information described in subsection (a):
(A) with the election division; and
(B) in the minutes of the county election board.
(c) The county election board shall file the copies required under subsection (b)(2) not later than noon ten (10) days before election day.
(d) An election is not invalidated by the failure of the board to comply with this section.
(e) If the county election board receives an amendment from the election division under section 17 of this chapter after:
(1) compilation of the information described in subsection (a) has occurred; or
(2) the board determines that it is impractical to recompile completely revised information;
the board is only required to file a copy of the amendment with the minutes of the board. [Pre-1986 Recodification Citation: 3-1-9-8.1 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.34; P.L.3-1997, SEC.130; P.L.38-1999, SEC.25; P.L.179-2011, SEC.4; P.L.216-2015, SEC.6.

IC 3-8-2-20 Notice of withdrawal of candidacy
Sec. 20. (a) A person who files a declaration of candidacy under this chapter may, at any time not later than noon eighty-one (81) days before the date set for holding the primary election, file a statement with the same office where the person filed the declaration of candidacy, stating that the person is no longer a candidate and does not wish the person’s name to appear on the primary election ballot as a candidate.
(b) A candidate who is disqualified from being a candidate under IC 3-8-1-5 must file a notice of withdrawal immediately upon becoming disqualified. The filing requirements of subsection (a) do not apply to a notice of withdrawal filed under this subsection.
(c) A candidate who has moved from the election district the candidate sought to represent must file a notice of withdrawal immediately after changing the candidate’s residence. The filing requirements of subsection (a) do not apply to a notice of withdrawal filed under this subsection.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.35; P.L.5-1989, SEC.28; P.L.4-1991, SEC.37; P.L.3-1997, SEC.131; P.L.9-2004, SEC.9; P.L.230-2005, SEC.25; P.L.225-2011, SEC.30; P.L.123-2020, SEC.1.

IC 3-8-2-21 Withdrawal of declaration of candidacy
Sec. 21. Upon receipt of notice under section 20 of this chapter, the election division or county election board shall indicate in the records of the division or board that the declaration of candidacy has been withdrawn and may not certify the name of the person as a candidate to be voted for at the primary election.
[Pre-1986 Recodification Citation: 3-1-9-9(b).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.132.

IC 3-8-2-22 Repealed
[Pre-1986 Recodification Citation: 3-1-9-9(c).]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1997, SEC.475.

IC 3-8-2-23 Candidate moving from district in which running; action upon failure to withdraw
Sec. 23. (a) This section applies if a person:
(1) files a declaration of candidacy under this chapter;
(2) moves from the election district that the person sought to represent following the filing of the declaration of candidacy;
(3) does not file a notice of withdrawal of candidacy under section 20 of this chapter; and
(4) is no longer an active candidate.
(b) The county chairman of any political party on the ballot in the election district or a candidate for the office sought by the person described in subsection (a) may, upon determining that this section applies, file an action in the circuit court, superior court, or probate court in the county where the person described in subsection (a) resided. The complaint in this action must:
(1) state that this section applies to the person;
(2) name the person described in subsection (a) and the public official responsible for placing that person’s name on the ballot as defendants; and
(3) be filed no later than a notice of withdrawal could have been filed under section 20 of this chapter.
(c) When a complaint is filed under subsection (b), the circuit court, superior court, or probate court shall conduct a hearing and rule on the petition within ten (10) days after it is filed.
(d) If the court finds in favor of the plaintiff, a candidate vacancy occurs on the:
(1) general election ballot; and
(2) primary election ballot if no other person is:
(A) a member of the same political party as the person described in subsection (a); and
(B) a candidate on the ballot for the office sought by the person described in subsection (a).
(e) The candidate vacancy shall be filled under IC 3-13-1.
As added by P.L.3-1987, SEC.99. Amended by P.L.84-2016, SEC.6.

IC 3-8-2.5 Chapter 2.5. Nomination for School Board Office

IC 3-8-2.5-1 Application of chapter
Sec. 1. This chapter applies to a candidate for a school board office.
As added by P.L.179-2011, SEC.5.

IC 3-8-2.5-2 Petition of nomination filed by school board office candidate
Sec. 2. (a) A candidate for a school board office must file a petition of nomination in accordance with this chapter and as required under IC 20-23 or IC 20-25. The petition of nomination, once filed, serves as the candidate’s declaration of candidacy for a school board office.
(b) A candidate may be nominated for a school board office by petition of voters who are:
(1) registered to vote at the residence address set forth on the petition on the date the petition is certified under this chapter; and
(2) qualified to vote for the candidate.
(c) The petition of nomination must be signed by the number of voters required for the school board office under IC 20-23 or IC 20-25.
(d) Except as provided in this subsection, the signature, printed name, and residence address of the petitioner must be made in writing by the petitioner. If a petitioner with a disability is unable to write this information on the petition, the petitioner may authorize an individual to do so on the petitioner’s behalf. The individual acting under this subsection shall execute an affidavit of assistance for each such petitioner, in a form prescribed by the election division. The form must set forth the name and address of the individual providing assistance, and the date the individual provided the assistance. The form must be submitted with the petition.
As added by P.L.179-2011, SEC.5. Amended by P.L.194-2013, SEC.15; P.L.2-2014, SEC.3; P.L.76-2014, SEC.17; P.L.169-2015, SEC.55.

IC 3-8-2.5-2.5 Contents of petition
Sec. 2.5. (a) A petition of nomination for a school board office must state all of the following:
(1) The name of each candidate as:
(A) the candidate wants the candidate’s name to appear on the ballot; and
(B) the candidate’s name is permitted to appear on the ballot under IC 3-5-7.
(2) The address of each candidate, including the mailing address, if different from the residence address of the candidate.
(3) The school board office that each candidate seeks.
(4) That each petitioner is a qualified registered voter and desires to be able to vote for the candidates listed on the petition.
(b) The petition of nomination must be accompanied by the following:
(1) The candidate’s written consent to become a candidate.
(2) A statement that the candidate:
(A) is aware of the provisions of IC 3-9 regarding campaign finance and the reporting of campaign contributions and expenditures; and
(B) agrees to comply with the provisions of IC 3-9 referred to in clause (A).
(3) A statement by the candidate that the candidate is aware of the requirement to file a campaign finance statement of organization under IC 3-9 after the first of either of the following occurs:
(A) The candidate receives more than five hundred dollars ($500) in contributions.
(B) The candidate makes more than five hundred dollars ($500) in expenditures.
(4) A statement indicating whether or not each candidate:
(A) has been a candidate for state, legislative, local, or school board office in a previous primary, municipal, special, or general election; and
(B) has filed all reports required by IC 3-9-5-10 for all previous candidacies.
(5) A statement that each candidate is legally qualified to hold the office that the candidate seeks, including any applicable residency requirements and restrictions on service due to a criminal conviction.
(6) Any statement of economic interests required under IC 3-8-9.
As added by P.L.194-2013, SEC.16. Amended by P.L.76-2014, SEC.18; P.L.169-2015, SEC.56.

IC 3-8-2.5-3 Statement of organization; filing
Sec. 3. A candidate for a school board office is not required to file a statement of organization for the candidate’s principal committee unless the candidate has received contributions or made expenditures requiring the filing of a statement under IC 3-9-1-5.5. If a candidate for a school board office is required to file a statement of organization for the candidate’s principal committee, the statement of organization must be filed by noon seven (7) days after the final date for filing a petition of nomination or declaration of intent to be a write-in candidate.
As added by P.L.179-2011, SEC.5.

IC 3-8-2.5-4 Time for filing; execution of declaration; withdrawal
Sec. 4. (a) A petition of nomination for a school board office must be filed not earlier than one hundred four (104) days and not later than noon seventy-four (74) days before the general election. The petition must be subscribed and sworn to before a person authorized to administer oaths.
(b) A declaration of intent to be a write-in candidate for a school board office must be filed not earlier than ninety (90) days before the general election and not later than noon seventy-four (74) days before the general election. The declaration must be subscribed and sworn to before a person authorized to administer oaths.
(c) A person who files a petition of nomination for a school board office may, at any time not later than noon seventy-one (71) days before the general election, file a statement with the same office where the person filed the petition of nomination, stating that the person is no longer a candidate and does not wish the person’s name to appear on the election ballot as a candidate.
(d) A person who files a declaration of intent to be a write-in candidate for a school board office may, at any time not later than noon seventy-one (71) days before the general election, file a statement with the same office where the person filed the declaration of intent, stating that the person is no longer a write-in candidate for the office.
As added by P.L.179-2011, SEC.5. Amended by P.L.219-2013, SEC.21.

IC 3-8-2.5-5 Filing of petition
Sec. 5. (a) If a school corporation is located entirely within one (1) county, a petition of nomination for the candidate to a school board office must be filed with the county voter registration office of the county. The county voter registration office of the county shall examine the voter registration records of the election district to determine if each petitioner is eligible to vote for the candidates being nominated by the petition.
(b) If a school corporation is located within more than one (1) county, a petition of nomination for the candidate to a school board office must be filed with the county voter registration office of the county having the greatest percentage of population of the school corporation. The county voter registration office shall examine the voter registration records of each county in the election district to determine if each petitioner is eligible to vote for the candidates being nominated by the petition.
(c) When the county voter registration office has completed its determination under subsection (a) or (b), the office shall forward the petitions of nomination to the circuit court clerk.
(d) This subsection applies if a school corporation is located within more than one (1) county. The circuit court clerk of the county having the greatest percentage of population of the school corporation shall promptly certify the names of each of the candidates on the petition to the county election board of each other county in which the school corporation is located.
As added by P.L.194-2013, SEC.17.

IC 3-8-2.5-6 Certification of petition
Sec. 6. (a) The circuit court clerk with whom the petition of nomination has been filed by a county voter registration office under section 5 of this chapter shall:
(1) determine whether a sufficient number of signatures as required by section 2 of this chapter have been obtained; and
(2) do one (1) of the following:
(A) If the petition includes a sufficient number of signatures, certify the petition.
(B) If the petition has an insufficient number of signatures, deny the certification.
(b) If the circuit court clerk with whom the petition was filed denies certification under subsection (a), the clerk shall notify the candidate immediately:
(1) in person, if the candidate files the petition in person; or
(2) by certified mail.
(c) A candidate may contest the denial of certification based on:
(1) the county voter registration office’s failure to certify individual signers as qualified petitioners; or
(2) the determination by the clerk that the petition has an insufficient number of signatures;
using the procedure in IC 3-8-1-2 and section 7 of this chapter that applies to questions concerning the validity of a petition of nomination.
As added by P.L.194-2013, SEC.18. Amended by P.L.201-2017, SEC.9.

IC 3-8-2.5-7 Consent to nomination
Sec. 7. (a) A person may not be selected as a candidate by petition of nomination without giving written consent and having it filed with the public official with whom certificates and petitions of nomination are required to be filed.
(b) Each candidate nominated by petition of nomination for a school board office must satisfy all statutory eligibility requirements for the office for which the candidate is nominated, including the filing of statements of economic interest.
(c) A statement questioning the validity of a petition of nomination or contesting the denial of certification under section 6 of this chapter must be filed with the county election board in accordance with IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of the general election. A question regarding the validity of a petition of nomination or the denial of certification shall be referred to and determined by the county election board not later than noon fifty-four (54) days before the date of the general election.
(d) A statement concerning the validity of a declaration of intent to be a write-in candidate for a school board office under section 4 of this chapter must be filed with the county election board in accordance with IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of the general election. A question regarding the validity of a declaration of intent to be a write-in candidate for a school board office shall be referred to and determined by the county election board not later than noon fifty-four (54) days before the date of the general election.
As added by P.L.194-2013, SEC.19.

IC 3-8-2.5-8 Action to determine candidate vacancy
Sec. 8. (a) This section applies if a person:
(1) files a petition of nomination under this chapter;
(2) moves from the election district that the person sought to represent following the filing of the petition of nomination;
(3) does not file a notice of withdrawal of candidacy under this chapter; and
(4) is no longer an active candidate.
(b) A candidate for the school board office sought by the person described in subsection
(a) may, upon determining that this section applies, file an action in the circuit court, superior court, or probate court in the county where the person described in subsection (a) resided. The complaint in this action must:
(1) name the person described in subsection (a) and the public official responsible for placing that person’s name on the ballot as defendants;
(2) state that this section applies to the person; and
(3) be filed not later than a notice of withdrawal could have been filed under this chapter.
(c) When a complaint is filed under subsection (b), the circuit court, superior court, or probate court shall conduct a hearing and rule on the petition not later than ten (10) days after the petition is filed.
(d) If the court finds in favor of the plaintiff, a candidate vacancy occurs on the general election ballot.
(e) The candidate vacancy resulting from the removal of the name of a candidate nominated by petition for a school board office may not be filled.
As added by P.L.194-2013, SEC.20. Amended by P.L.84-2016, SEC.7

IC 3-8-3 Chapter 3. Presidential Primary Candidates

IC 3-8-3-1 Written request to place name on ballot
Sec. 1. (a) This section applies to candidates affiliated with a major political party of the state.
(b) A candidate of a major political party for nomination for the office of President of the United States during the period under IC 3-8-2-4 in which a declaration of candidacy may be filed for the primary election held in the year in which a President is to be elected, shall file with the election division a request that the candidate’s name be placed upon the ballot under the label of the political party whose nomination the candidate is seeking.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.36; P.L.3-1997, SEC.133; P.L.278-2019, SEC.21

IC 3-8-3-2 Petition accompanying request
Sec. 2. (a) A request filed under section 1 of this chapter must be accompanied by a petition signed by at least four thousand five hundred (4,500) voters of the state, including at least five hundred (500) voters from each congressional district.
(b) Each petition must contain the following:
(1) The signature of each petitioner.
(2) The name of each petitioner legibly printed.
(3) The residence address of each petitioner as set forth on the petitioner’s voter registration record.
(c) Except as provided in this subsection, the signature, printed name, and residence address of the petitioner must be made in writing by the petitioner. If a petitioner with a disability is unable to write this information on the petition, the petitioner may authorize an individual to do so on the petitioner’s behalf. The individual acting under this subsection shall execute an affidavit of assistance for each such petitioner, in a form prescribed by the election division. The form must set forth the name and address of the individual providing assistance, and the date the individual provided the assistance. The form must be submitted with the petition.
(d) This subsection applies to a petition filed during the period:
(1) beginning on the date that a congressional district plan has been adopted under IC 3-3; and
(2) ending on the date that the part of the act or order issued under IC 3-3-2 establishing the previous congressional district plan is repealed or superseded.
The petition must be signed by at least four thousand five hundred (4,500) voters of Indiana, including at least five hundred (500) voters from each congressional district created by the most recent congressional district plan adopted under IC 3-3.
[Pre-1986 Recodification Citation: 3-1-9-19(a) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1995, SEC.54; P.L.126-2002, SEC.30; P.L.194-2013, SEC.21; P.L.169-2015, SEC.57.

IC 3-8-3-3 Validity of petition; certification
Sec. 3. (a) A petition required by section 2 of this chapter must request that the candidate’s name be placed on the ballot at the primary election.
(b) The county voter registration office in the county where the petitioner is registered must certify whether each petitioner is a voter at the residence address listed in the petition at the time the petition is being processed. The certification must accompany and be part of the petition.
(c) If a county is part of more than one (1) congressional district, the certificate must indicate the number of petitioners from that county who are registered voters who reside in each congressional district.
[Pre-1986 Recodification Citation: 3-1-9-19(b) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.134; P.L.194-2013, SEC.22.

IC 3-8-3-4 Submission of petition to county voter registration office
Sec. 4. (a) A petition required by section 2 of this chapter must be submitted to the county voter registration office during the period beginning on the first date that a declaration of candidacy for a primary election may be filed under IC 3-8-2-4 in the year in which the primary election will be held and ending at noon ten (10) days before the final date for filing a declaration of candidacy under IC 3-8-2-4 for the primary election.
(b) After the certification of a petition under this section, the county voter registration office may, upon the request of the candidate named in the petition, return the original petition to the candidate for filing under section 5 of this chapter.
[Pre-1986 Recodification Citation: 3-1-9-19(b) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.37; P.L.3-1997, SEC.135; P.L.225-2011, SEC.31.

IC 3-8-3-5 Deadline for receipt by election division
Sec. 5. A request or petition filed under this chapter is not valid unless received in the office of the election division by noon Indianapolis time on the final day for filing a declaration of candidacy under IC 3-8-2-4 before a primary election.
[Pre-1986 Recodification Citation: 3-1-9-19(c) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.136.

IC 3-8-3-6 Certification and release of list of candidates
Sec. 6. Immediately after the deadline for filing, the election division shall certify and release to the public a list of the candidates for nomination as President of the United States for each political party who have filed a request for placement on the primary ballot under this chapter. The election division shall also release to the public a list of all requests whose validity has been questioned under IC 3-8-1-2.
[Pre-1986 Recodification Citation: 3-1-9-19(c) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.137.

IC 3-8-3-7 Questions concerning validity of request
Sec. 7. All questions concerning the validity of a request shall be determined by the commission not later than the deadline to act upon questions concerning primary candidates under IC 3-8-2-18.
[Pre-1986 Recodification Citation: 3-1-9-19(c) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.2-1996, SEC.87; P.L.3-1997, SEC.138.

3-8-3-7.5 Statement to remove name from presidential primary ballot; filing
Sec. 7.5. (a) A person who files a request for ballot placement under this chapter may file a statement prescribed under IC 3-5-4-8 stating that the person does not wish the person’s name to appear on the presidential primary ballot as a candidate.
(b) A statement filed under this section must be filed with the election division not later than noon seventy-five (75) days before the date set for holding the primary election.
As added by P.L.278-2019, SEC.22.

IC 3-8-3-8 Certified list of candidates
Sec. 8. (a) Not later than the date prescribed under IC 3-8-2-17 for transmitting a certified list of candidates before a presidential primary election, the election division shall transmit to each county election board a certified list containing the name of each person qualified as a candidate for nomination for the office of President of the United States and the name of the political party whose nomination the candidate is seeking. This list may be amended in the same manner prescribed by IC 3-8-2-17.
(b) Except in accordance with an amendment to the certified list, each county election board shall have the names of the candidates certified by the election division placed on the ballot as provided by law.
[Pre-1986 Recodification Citation: 3-1-9-19(b) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.139.

IC 3-8-3-9 Mailing copy of returns to election division
Sec. 9. (a) Each circuit court clerk shall, not later than noon on the second Monday after the day the primary election is held, send to the election division by certified mail or hand delivery one (1) complete copy of all returns for presidential candidates. The clerk shall state the number of votes received by each candidate in each congressional district within the county.
(b) A statement described in subsection (a) may be sent by using the computerized list established under IC 3-7-26.3. A statement sent under this section complies with any requirement for the statement to be certified or sealed.
[Pre-1986 Recodification Citation: 3-1-9-19(b) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.100; P.L.3-1997, SEC.140; P.L.81-2005, SEC.30; P.L.221-2005, SEC.14; P.L.230-2005, SEC.26; P.L.1-2006, SEC.3.

IC 3-8-3-10 Certification of result of presidential primary vote to state chairmen
Sec. 10. The election division shall tabulate the results submitted under section 9 of this chapter and promptly certify to the state chairman of each political party the result of the presidential primary vote for the candidates of that party.
[Pre-1986 Recodification Citation: 3-1-9-19(d) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.101; P.L.3-1997, SEC.141.

IC 3-8-3-11 Delegates to national convention; support of candidate on first ballot
Sec. 11. A delegate or alternate delegate selected from a congressional district to the national convention of a political party shall, on the first ballot at the national convention, support the candidate for President of the United States who received the highest number of votes in the congressional district at the primary election if the person is in fact a candidate at the convention. A delegate-at-large or alternate delegate-at-large to the national convention is not required to support a specific candidate for President on any ballot at the convention.
[Pre-1986 Recodification Citation: 3-1-9-19(d) part.]
As added by P.L.5-1986, SEC.4.

IC 3-8-4 Chapter 4. State Conventions

IC 3-8-4-1 Application of chapter
Sec. 1. This chapter applies to each political party in the state whose nominee received at least two percent (2%) of the total vote cast for secretary of state at the last election.
[Pre-1986 Recodification Citations: 3-1-9-1 part; 3-1-15-3 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.102.

IC 3-8-4-2 Offices nominated by convention
Sec. 2. (a) A political party shall conduct a state convention to nominate the candidates of the political party for the following offices to be voted on at the next general election:
(1) Lieutenant governor.
(2) Secretary of state.
(3) Auditor of state.
(4) Treasurer of state.
(5) Attorney general.
(b) The convention may also:
(1) nominate candidates for presidential electors and alternate presidential electors; and
(2) elect the delegates and alternate delegates to the national convention of the political party.
(c) If a political party’s state convention does not:
(1) nominate candidates for presidential electors and alternate presidential electors; or
(2) elect the delegates and alternate delegates to the national convention of the political party;

the candidates shall be nominated or the delegates elected as provided in the state party’s rules.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.103; P.L.14-2004, SEC.56; P.L.169-2015, SEC.58; P.L.201-2017, SEC.10; P.L.219-2017, SEC.4; P.L.8-2019, SEC.3.

IC 3-8-4-3 Delegates
Sec. 3. (a) This section applies to each political party that elects delegates to the party’s state convention at a primary election.
(b) Delegates to a state convention shall be chosen at the primary election conducted by the political party on the first Tuesday after the first Monday in May 2016 and every two (2) years thereafter. If provided in the rules of the state committee of the political party, delegates may be elected from delegate districts in each county.
(c) Not later than noon November 30 of the year preceding the year in which the state convention is to be conducted, the state chairman of a political party shall certify the following to the election division and to each county committee of the party:
(1) The number of delegates to be elected in each county.
(2) Whether the delegates are to be elected from districts or at large in each county.
(3) If a county is to elect delegates from districts, how many districts must be established in each county.
(d) The county committee shall establish any delegate districts required to be established under subsection (c) and file descriptions setting forth the district boundaries with the county election board not later than noon December 31 of the year preceding the year the state convention is to be conducted. If the county committee does not timely file district descriptions under this subsection, the county election board shall establish districts not later than the first day that a declaration of candidacy may be filed under IC 3-8-2-4, and apportion the delegates to be elected from each district in accordance with subsection (c).
[Pre-1986 Recodification Citation: 3-1-10-2(a).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.104; P.L.3-1995, SEC.55; P.L.3-1997, SEC.142; P.L.122-2000, SEC.5; P.L.230-2005, SEC.27; P.L.216-2015, SEC.7.

IC 3-8-4-4 Vacancy
Sec. 4. If a delegate vacancy exists to a political party’s state convention, the vacancy shall be filled in accordance with the rules of the political party.
[Pre-1986 Recodification Citation: 3-1-10-2(b).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.143.

IC 3-8-4-5 List of delegates
Sec. 5. (a) This section applies to each political party that elects delegates to the party’s state convention at a primary election.
(b) Each circuit court clerk, not later than noon on the second Monday after a primary election, shall furnish the election division with a complete list of all delegates elected at the primary election to the state convention of a political party. The list must include the address of each delegate and the United States congressional district in which each delegate resides.
[Pre-1986 Recodification Citation: 3-1-9-17(i) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.105; P.L.3-1997, SEC.144; P.L.221-2005, SEC.15.

IC 3-8-4-6 Notice of presidential primary vote to convention
Sec. 6. If the political party participated in a presidential primary during the year in which the state convention is held, the state chairman shall notify the convention of the results of the presidential primary furnished to the chairman under IC 3-8-3-10.
[Pre-1986 Recodification Citation: 3-1-9-17(j).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.106.

IC 3-8-4-7 Procedures for nominating candidates and delegates
Sec. 7. The state committee of the political party holding a state convention shall determine the procedure for nominating candidates and electing delegates and alternate delegates to the national convention.
[Pre-1986 Recodification Citation: 3-1-9-17(k).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.107.

IC 3-8-4-8 Voting technique; noncontested offices
Sec. 8. Candidates shall be nominated or elected at a state convention by using ballot card systems or electronic voting systems. However, if there is no contest for an office, the nomination or election may be by motion and acclamation.
[Pre-1986 Recodification Citation: 3-1-10-3 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.108; P.L.221-2005, SEC.16.

IC 3-8-4-9 Inspectors and poll clerks; watchers
Sec. 9. The state chairman of the political party holding a state convention shall appoint an inspector and two (2) poll clerks to attend each voting system at the convention. Each candidate may have one (1) watcher at each voting system to check the voting system before and after each ballot and to check the work of any election officer. The inspector and poll clerks:
(1) shall take an oath to perform their duties faithfully and to the best of their abilities before anyone entitled to administer an oath;
(2) must be qualified in relationship to candidates in the same manner as precinct election officers under IC 3-6-6-7; and
(3) are subject to the same penalties as precinct election officers. [Pre-1986 Recodification Citation: 3-1-10-3 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.109; P.L.221-2005, SEC.17.

IC 3-8-4-10 Nomination of candidates by certain minor parties; questions concerning validity of nomination
Sec. 10. (a) This section applies to a political party whose nominee received at least two percent (2%) but less than ten percent (10%) of the votes cast for secretary of state at the last election for that office.
(b) A political party subject to this section shall also nominate the party’s candidates for the following offices at the state convention of the party:
(1) United States Senator.
(2) United States Representative.
(3) Governor.
(4) Legislative office.
(5) A local office listed in IC 3-8-2-5.
(c) A question concerning the validity of a candidate’s nomination under this section for a federal office or a local office listed in IC 3-8-2-5 shall be determined by the commission in accordance with IC 3-13-1-16.5(a).
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.110; P.L.4-1996, SEC.25; P.L.278-2019, SEC.23.

IC 3-8-4-11 Rules regarding state convention
Sec. 11. All matters regarding a state convention that are not prescribed by this chapter or by other laws are controlled by the rules of the state committee of the political party holding the convention and by the rules adopted by the convention.
[Pre-1986 Recodification Citation: 3-1-10-3(i).]
As added by P.L.5-1986, SEC.4.

IC 3-8-4-12 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(e).]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-13 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(f).]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-14 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(h).]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-15 Repealed
[Pre-1986 Recodification Citations: 3-1-10-3(d); 3-1-10-6 part.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-16 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(a) part.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-17 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(j).]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-18 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(a) part.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-19 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(b).]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-20 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(c) part.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-21 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(c) part.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-22 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(c) part.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-23 Repealed
[Pre-1986 Recodification Citation: 3-1-10-3(g).]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-4-24 Repealed
[Pre-1986 Recodification Citation: 3-1-15-3 part.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-5 Chapter 5. Town Conventions and Major Political Party Nominations in Small Towns

IC 3-8-5-1 Application of chapter
Sec. 1. (a) This chapter applies to the nomination of candidates for town offices in each town having a population of less than three thousand five hundred (3,500) that is not located entirely or partially within a county having a consolidated city.
(b) Prison inmates may not be counted in determining population size for purposes of this chapter.
[Pre-1986 Recodification Citations: 3-2-7.5-1; 3-2-7.5-2 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.111; P.L.11-1988, SEC.2; P.L.15-1995, SEC.1.

IC 3-8-5-2 Nomination of candidates
Sec. 2. (a) A candidate for a town office may be nominated by a major political party using any of the following methods:
(1) By convention conducted under this chapter.
(2) By a primary election, if the town legislative body adopts an ordinance under subsection (d).
(3) If a town convention or a primary election is not required under section 10 of this chapter for the political party of which the candidate is a member, by the candidate’s declaration of candidacy.
(b) Unless a town legislative body adopts an ordinance under subsection (d), a town shall use the convention method described in this chapter to nominate major political party candidates for town offices.
(c) A candidate may also be nominated for a town office by:
(1) a declaration of write-in candidacy under IC 3-8-2-4;
(2) a town convention of a political party described in section 17 of this chapter; or
(3) a petition under IC 3-8-6.
(d) The town legislative body may adopt an ordinance not later than January 1 of the year in which a municipal election is held to establish a primary election for the nomination of major political party candidates. The town clerk-treasurer shall file a copy of the ordinance with the circuit court clerk of the county that contains the greatest percentage of the town’s population not later than noon on the first date following the adoption of the ordinance that a declaration of candidacy may be filed under IC 3-8-2-4.
(e) If a town described by section 1 of this chapter adopts an ordinance under subsection (d) to nominate major political party candidates by a primary election, the following apply:
(1) The county election board of the county that contains the greatest percentage of the town’s population shall conduct the primary election for the town.
(2) All statutes governing primary elections for towns apply.
(3) The town may not change the method of nominating candidates for town offices more than one (1) time in any twelve (12) year period.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1993, SEC.63; P.L.167-2001, SEC.2; P.L.14-2004, SEC.57; P.L.74-2017, SEC.25; P.L.278-2019, SEC.24.

IC 3-8-5-3 Town committees
Sec. 3. (a) Each of the major political parties of the state shall have a committee in a town subject to this chapter known as the town committee of the town of
(designating the name of the party and the town).
(b) A political party’s town committee consists of the following individuals:
(1) A registered voter of the town appointed by the political party’s county chairman of the county containing the greatest percentage of the population of the town. The individual appointed under this subdivision is the chairman of the town committee. The county chairman may not appoint an individual who holds a town office for the town.
(2) A registered voter of the town appointed by the political party’s town chairman. The individual appointed under this subdivision is the secretary of the town committee.
(c) A member of a town committee serves until the member’s successor is appointed and qualified.
(d) A member of the town committee serves at the pleasure of the appointing authority of the member.
(e) The individual who is town chairman vacates the office whenever the individual becomes a candidate for a town office of the town.
(f) A vacancy on the town committee shall be filled by the appointing authority of the member who vacated the committee.
[Pre-1986 Recodification Citation: 3-2-7.5-3(a).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.112; P.L.4-1996, SEC.26.

IC 3-8-5-4 Repealed
[Pre-1986 Recodification Citation: 3-2-7.5-3(b).]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.38. Repealed by P.L.4-1996, SEC.107.

IC 3-8-5-5 Repealed
[Pre-1986 Recodification Citation: 3-2-7.5-3(c).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.113. Repealed by P.L.4-1996, SEC.107.

IC 3-8-5-6 Repealed
[Pre-1986 Recodification Citation: 3-2-7.5-3(d).]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.39; P.L.4-1991, SEC.38.
Repealed by P.L.4-1996, SEC.107.

IC 3-8-5-7 Repealed
[Pre-1986 Recodification Citation: 3-2-7.5-3(e).]
As added by P.L.5-1986, SEC.4. Repealed by P.L.4-1996, SEC.107.

IC 3-8-5-8 Repealed

[Pre-1986 Recodification Citation: 3-2-7.5-3(f).]
As added by P.L.5-1986, SEC.4. Repealed by P.L.4-1996, SEC.107.

IC 3-8-5-9 Repealed
[Pre-1986 Recodification Citation: 3-2-7.5-3(g).]
As added by P.L.5-1986, SEC.4. Repealed by P.L.4-1996, SEC.107.

IC 3-8-5-10 Calling of town conventions; necessity; purpose; notice
Sec. 10. (a) If more than one (1) candidate from the same political party files a declaration of candidacy for the same office, that political party shall conduct:
(1) a town convention under this chapter; or
(2) a primary election;
to choose the nominee of that party for that office as provided in the ordinance adopted under section 2 of this chapter.
(b) If a town convention is required under subsection (a), the town chairman shall organize, conduct, and issue a call for a town convention to be held in the town, or, if there is no suitable location in the town, then either at the nearest available location within any county in which the town is located or at the county seat of any county in which the town is located.
(c) The convention must be held not later than August 21 in each year in which a municipal election is to be held. The purpose of the convention is to select the nominees for all town offices to be elected at the next municipal election and for which more than one (1) declaration of candidacy has been filed.
(d) The chairman shall file a notice of the call with the circuit court clerk of the county containing the greatest percentage of population of the town. The chairman shall also have notice of the call posted at least three (3) days in three (3) prominent public places in the town, including the office of the clerk-treasurer. The notice must state the time, place, and purpose of the convention.
(e) If the county chairman determines that an emergency requires the rescheduling of a town convention after notice has been given under subsection (d), the chairman shall promptly file a notice in the office of the county election board and in the office of the town clerk-treasurer stating the date, time, and place of the rescheduled convention.
[Pre-1986 Recodification Citation: 3-2-7.5-4(a).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.114; P.L.10-1988, SEC.40; P.L.3-1993, SEC.64; P.L.4-1996, SEC.27; P.L.144-1999, SEC.1; P.L.167-2001, SEC.3; P.L.230-2005, SEC.28; P.L.225-2011, SEC.32.

IC 3-8-5-10.5 Declaration of candidacy
Sec. 10.5. (a) A person who desires to be nominated for a town office by a major political party must file a declaration of candidacy with the circuit court clerk of the county containing the greatest percentage of population of the town.
(b) A declaration of candidacy must be filed:
(1) not earlier than the first date that a declaration of candidacy for a primary election may be filed under IC 3-8-2-4; and
(2) not later than:
(A) noon August 1 before a municipal election if the town nominates its candidates by convention; and
(B) the date that a declaration of candidacy must be filed under IC 3-8-2-4 if the town nominates its candidates by a primary election.
(c) The declaration must be subscribed and sworn to (or affirmed) before a notary public or other person authorized to administer oaths.
(d) The declaration of each candidate required by this section must certify the following information:
(1) The candidate’s name, printed or typewritten as:
(A) the candidate wants the candidate’s name to appear on the ballot; and
(B) the candidate’s name is permitted to appear on the ballot under IC 3-5-7.
(2) That the candidate is a registered voter and the location of the candidate’s precinct and township (or the ward, if applicable, and town), county, and state.
(3) The candidate’s complete residence address and the candidate’s mailing address if the mailing address is different from the residence address.
(4) The majority party candidate’s party affiliation and the office to which the candidate seeks nomination, including the district designation if the candidate is seeking a town legislative body seat. For purposes of this subdivision, a candidate is considered to be affiliated with a political party only if one (1) of the following applies:
(A) The most recent primary election in Indiana in which the candidate voted was a primary election held by the party with which the candidate claims affiliation.
(B) The county chairman of:
(i) the political party with which the candidate claims affiliation; and
(ii) the county in which the candidate resides;

certifies in writing that the candidate is a member of the political party.

The declaration of candidacy must inform a candidate how party affiliation is determined under this subdivision and permit the candidate to indicate on the declaration of candidacy whether clause (A) or (B) applies to the candidate. If a candidate claims party affiliation under clause (B), the candidate must attach to the candidate’s declaration of candidacy the written certification of the county chairman required by clause (B).
(5) That the candidate complies with all requirements under the laws of Indiana to be a candidate for the above named office, including any applicable residency requirements, and is not ineligible to be a candidate due to a criminal conviction that would prohibit the candidate from serving in the office.
(6) That the candidate has attached either of the following to the declaration:
(A) A copy of a statement of economic interests, file stamped by the office required to receive the statement of economic interests.
(B) A receipt photocopy of a receipt showing that a statement of economic interests has been filed.
(7) That the candidate understands that if the candidate is elected to the office, the candidate may be required to obtain and file an individual surety bond before serving in the office.
(8) That the candidate understands that if the candidate is elected to the office, the candidate may be required to successfully complete training or have attained certification related to service in an elected office.
(9) That the candidate:
(A) is aware of the provisions of IC 3-9 regarding campaign finance and the reporting of campaign contributions and expenditures; and
(B) agrees to comply with the provisions of IC 3-9.
(10) A statement indicating whether or not the candidate:
(A) has been a candidate for state, legislative, local, or school board office in a previous primary, municipal, special, or general election; and
(B) has filed all reports required by IC 3-9-5-10 for all previous candidacies.
(11) The candidate’s signature.
(e) This subsection does not apply to a town whose municipal election is to be conducted by a county. Immediately after the deadline for filing, the circuit court clerk shall do all of the following:
(1) Certify to the town clerk-treasurer and release to the public a list of the candidates of each political party for each office. The list shall indicate any candidates of a political party nominated for an office under this chapter because of the failure of any other candidates of that political party to file a declaration of candidacy for that office.
(2) Post a copy of the list in a prominent place in the circuit court clerk’s office.
(3) File a copy of each declaration of candidacy with the town clerk-treasurer.
(f) A person who files a declaration of candidacy for an elected office for which a per diem or salary is provided for by law is disqualified from filing a declaration of candidacy for another office for which a per diem or salary is provided for by law until the original declaration is withdrawn.
(g) A person who files a declaration of candidacy for an elected office may not file a declaration of candidacy for that office in the same year as a member of a different political party until the original declaration is withdrawn.
(h) A person who files a declaration of candidacy under this section may file a written notice withdrawing the person’s declaration of candidacy in the same manner as the original declaration was filed, if the notice of withdrawal is filed not later than:
(1) noon August 1 before the municipal election if the town nominates its candidates by convention; and
(2) the date that a declaration of candidacy may be withdrawn under IC 3-8-2-20 if the town nominates its candidates in a primary election.
(i) A declaration of candidacy must include a statement that the candidate requests the name on the candidate’s voter registration record be the same as the name the candidate uses on the declaration of candidacy. If there is a difference between the name on the candidate’s declaration of candidacy and the name on the candidate’s voter registration record, the officer with whom the declaration of candidacy is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the candidate’s voter registration record to be the same as the name on the candidate’s declaration of candidacy.
As added by P.L.3-1987, SEC.115. Amended by P.L.10-1988, SEC.41; P.L.4-1991, SEC.39; P.L.3-1993, SEC.65; P.L.3-1995, SEC.56; P.L.4-1996, SEC.28; P.L.144-1999, SEC.2; P.L.202-1999, SEC.4; P.L.167-2001, SEC.4; P.L.14-2004, SEC.58; P.L.225-2011, SEC.33; P.L.76-2014, SEC.19; P.L.169-2015, SEC.59; P.L.74-2017, SEC.26; P.L.278-2019, SEC.25.

IC 3-8-5-11 Eligibility to vote at convention
Sec. 11. (a) An individual is eligible to participate in a town convention if the individual meets all the following requirements:
(1) The voter resides in the town on the date the convention is conducted.
(2) The voter became a registered voter of the town not later than the date specified in the rules of the major political party conducting the convention.
(3) The voter subscribes to a statement under the penalties for perjury stating that the individual is affiliated with the political party conducting the convention.
(4) The voter complies with any other requirement for determining political party affiliation set forth in the rules of the major political party conducting the convention.
(b) The county election board shall furnish the secretary of the convention a list of all the town’s voters. The list must state the date that the individual became a voter of the town, if the individual became a voter of the town during the year in which the list is furnished. An individual who wants to vote in a town convention must register with the secretary of the convention and subscribe to the statement described in subsection (a)(3) before being permitted to vote in the convention. The secretary of the convention shall note on the list of the town’s voters when an individual registers with the secretary.
(c) An individual may not vote at more than one (1) convention held in the town during the same election year.
[Pre-1986 Recodification Citation: 3-2-7.5-4(b).]
As added by P.L.5-1986, SEC.4. Amended by P.L.167-2001, SEC.5; P.L.9-2004, SEC.10.

IC 3-8-5-12 Chairman and secretary of convention; items of business to be conducted; nomination of candidates by majority vote
Sec. 12. (a) The town chairman and secretary of each town political party committee shall act as chairman and secretary of their respective conventions.
(b) As the first item of convention business, the town chairman shall make the initial determination regarding which individuals are eligible to vote in the town convention under section 11 of this chapter. If an individual objects to the determination of the chairman, the matter shall be put to the vote of all those individuals whose eligibility to vote is not in dispute.
(c) As the second item of convention business, the town chairman shall submit copies of proposed rules to the members of the convention for adoption. The rules must provide for at least the following:
(1) The voting method to be used for nominating candidates at the convention.
(2) The method to be used for resolving tie votes.
(3) Any method for removing candidates from consideration by the convention if no candidate receives a majority vote from all voters casting a ballot at the convention.
(4) The rights of nonvoting observers, media, candidate watchers, or others attending the convention.
(d) If the town chairman of the political party committee is unable or unwilling to act as chairman of the convention, the secretary acts as chairman until the convention elects a chairman of the convention from among the voters attending the convention. If the town secretary of the political party committee is unable or unwilling to act as secretary of the convention, the convention shall elect a secretary of the convention from among the voters attending the convention.
(e) After adoption of the convention rules, the convention may proceed to vote on the candidates to be nominated. The candidates for town offices must be nominated by a majority of the voters present and voting. If more than one (1) person may be elected to an at-large town council seat, the convention shall determine the total votes received by each candidate for an at-large town council seat. The candidates who receive the highest number of votes, up to the total number to be elected, are the nominees of the convention.
(f) The town convention may recess and reconvene if a majority of eligible voters at the convention adopt a motion to recess and reconvene. The motion must state the date, time, and location of the reconvening of the convention. However, a convention may not reconvene on a date following the final date permitted for a convention to be convened under section 10 of this chapter.
[Pre-1986 Recodification Citation: 3-2-7.5-4(c).]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.42; P.L.4-1991, SEC.40; P.L.3-1993, SEC.66; P.L.4-1996, SEC.29; P.L.230-2005, SEC.29; P.L.74-2017, SEC.27.

IC 3-8-5-13 Certificate of nomination
Sec. 13. (a) The chairman and secretary of a town convention shall execute a certificate of nomination in writing, setting out the following:
(1) The name of each nominee as:
(A) the nominee wants the nominee’s name to appear on the ballot; and
(B) the nominee’s name is permitted to appear on the ballot under IC 3-5-7.
(2) The residence address of each nominee.
(3) The office for which each nominee was nominated.
(4) That each nominee is legally qualified to hold office.
(b) Both the chairman and secretary shall acknowledge the certificate before an officer authorized to take acknowledgment of deeds.
(c) The certificate must be filed with the circuit court clerk of the county having the greatest percentage of the population of the town.
(d) The certificate must be filed with the circuit court clerk no later than noon August 28 before the municipal election.
(e) The circuit court clerk shall file a copy of each certificate with the town clerk-treasurer no later than noon September 4.
[Pre-1986 Recodification Citation: 3-2-7.5-4(d) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.116; P.L.10-1988, SEC.43; P.L.3-1989, SEC.5; P.L.3-1993, SEC.67; P.L.144-1999, SEC.3; P.L.202-1999, SEC.5; P.L.14-2004, SEC.59.

IC 3-8-5-14 Signing and contents of certificate of nomination
Sec. 14. A certificate of nomination executed under section 13 of this chapter must be signed before a person authorized to administer oaths and certify the following information:
(1) The name of the party, the town where the convention was held, the date of the convention, and the date of the town election.
(2) The title of the party that the candidates represent and the device by which the candidates may be designated on the ballots (a symbol to designate the party).
(3) The signature and residence address of the presiding officer and secretary of the convention.
[Pre-1986 Recodification Citation: 3-2-7.5-4(d) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.44; P.L.8-1989, SEC.4; P.L.3-1993, SEC.68; P.L.3-1995, SEC.57; P.L.4-1996, SEC.30; P.L.225-2011, SEC.34.

IC 3-8-5-14.3 Effect and procedure where convention not required
Sec. 14.3. If a convention or a primary election is not required under section 10 of this chapter, notwithstanding IC 3-10-7:
(1) a municipal primary election or town convention may not be held; and
(2) each candidate who filed a declaration of candidacy shall be placed on the municipal election ballot, unless IC 3-10-7-6(b) applies.
As added by P.L.3-1993, SEC.69. Amended by P.L.167-2001, SEC.6.

IC 3-8-5-14.5 Notice of withdrawal
Sec. 14.5. (a) A town election board or circuit court clerk conducting a municipal election under IC 3-10-7 may not include the name of a candidate nominated by a town convention on the municipal election ballot if the person files a notice to withdraw with the clerk. The circuit court clerk shall notify the town election board of any candidate withdrawal filed under this subsection not later than the deadline for the clerk to file a copy of the certification of nomination under section 13(e) of this chapter.
(b) The notice to withdraw must:
(1) be signed and acknowledged before an officer authorized to take acknowledgments of deeds;
(2) have the certificate of acknowledgment appended to the notice; and
(3) be filed with the clerk no later than noon three (3) days following the adjournment of the convention.
As added by P.L.10-1988, SEC.45; Amended by P.L.278-2019, SEC.26.

IC 3-8-5-14.7 Validity of documents
Sec. 14.7. (a) All questions regarding the validity of:
(1) a declaration of candidacy;
(2) a petition of nomination; or
(3) a certificate of nomination of a candidate by a town convention;

subject to this chapter shall be filed under IC 3-8-1-2, with the county election board of the county where the declaration of candidacy was filed, not later than noon seven (7) days after the final date for filing a certificate under section 13(d) of this chapter. The question shall be referred to and determined by the town election board (or by the appropriate county election board if a county election board is conducting the election for the town).
(b) The election board shall rule on the validity of any document described in subsection (a) not later than noon seven (7) days following the deadline for filing of the document required by subsection (a).
(c) A question regarding the validity of a declaration to be a write-in candidate for election to a town office must be filed under IC 3-8-1-2 not later than the date and time specified by IC 3-8-2-14(c), and shall be determined by the election board not later than the date and time specified by IC 3-8-2-14(c).
As added by P.L.4-1996, SEC.31. Amended by P.L.144-1999, SEC.4; P.L.14-2004, SEC.60; P.L.278-2019, SEC.27.

IC 3-8-5-15 Repealed.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.117; P.L.10-1988, SEC.46; P.L.14-2004, SEC.61; Repealed by P.L.278-2019, SEC.28.

IC 3-8-5-16 Repealed
As added by P.L.5-1986, SEC.4. Repealed by P.L.3-1987, SEC.570.

IC 3-8-5-17 Nomination for town office by certain minor parties
Sec. 17. (a) This section applies to a political party:
(1) not qualified to conduct a primary election under IC 3-10; and
(2) not required to nominate candidates by a petition of nomination under IC 3-8-6.
(b) An individual who desires to be nominated for a town office by the political party must file a declaration of candidacy in the same manner as a candidate for nomination by a major political party under section 10.5 of this chapter. If a convention would be required for the political party under section 10 of this chapter, the political party shall conduct a convention to nominate candidates for town office not later than the date for conducting a major party town convention under section 10 of this chapter.
(c) The chairman and secretary of the town convention shall execute, acknowledge, and file a certificate setting forth the nominees of the convention in accordance with section 13 of this chapter.
(d) Each candidate nominated under this section shall execute a consent to the nomination in the same form as a candidate nominated by petition under IC 3-8-6. The consent must be filed with the certificate under subsection (c). An individual who wishes to withdraw as a candidate after nomination by the convention must do so in the manner prescribed by section
14.5 of this chapter.
(e) The circuit court clerk shall file a copy of each certificate and each candidate’s consent with the town clerk-treasurer in accordance with section 13 of this chapter.
(f) A candidate’s consent to the nomination must include a statement that the candidate requests the name on the candidate’s voter registration record be the same as the name the candidate uses on the declaration of candidacy. If there is a difference between the name on the candidate’s consent to the nomination and the name on the candidate’s voter registration record, the officer with whom the consent to the nomination is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the candidate’s voter registration record to be the same as the name on the candidate’s consent to the nomination.
As added by P.L.3-1995, SEC.58. Amended by P.L.38-1999, SEC.26; P.L.202-1999, SEC.6.

IC 3-8-6 Chapter 6. Nomination by Petition for Independent or Minor Political Party Candidates

IC 3-8-6-1 Application of chapter
Sec. 1. (a) This chapter applies to a candidate for nomination to an elected office who:
(1) is an independent candidate; or
(2) represents a political party not qualified to nominate candidates in a primary or by convention.
(b) This chapter does not apply to a candidate for a school board office. [Pre-1986 Recodification Citation: 3-1-11-1(a)(2) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1993, SEC.70; P.L.194-2013, SEC.23.

IC 3-8-6-2 Nomination by petition
Sec. 2. A candidate may be nominated for an elected office by petition of voters who are:
(1) registered to vote at the residence address set forth on the petition on the date the county voter registration office certifies the petition under section 8 of this chapter; and
(2) qualified to vote for the candidate.
[Pre-1986 Recodification Citation: 3-1-11-1(a)(2) part.]
Asaddedby P.L.5-1986, SEC.4. Amended by P.L.225-2011, SEC.35; P.L.194-2013, SEC.24.

IC 3-8-6-3 Required number of signatures
Sec. 3. (a) A petition of nomination must be signed by the number of voters equal to two percent (2%) of the total vote cast at the last election for secretary of state in the election district that the candidate seeks to represent.
(b) In determining the number of signatures required under this section, any fraction in excess of a whole number must be disregarded.
[Pre-1986 Recodification Citations: 3-1-11-1(a)(2)(A), (B), (C), (D); 3-1-11-1(b).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1997, SEC.145.

IC 3-8-6-4 Nature of office sought; independent candidates
Sec. 4. (a) Each candidate nominated by petition under section 2 of this chapter must be seeking an office that serves the entire state or a congressional or legislative district, or the same political subdivision.

(b) For purposes of subsection (a), candidates seeking a fiscal or legislative body seat elected only by the voters of a district within a county or municipality and candidates seeking an office to be voted on by all the voters of the county or municipality are considered to be seeking offices that serve the same political subdivision.
(c) An independent candidate may not include the name of any other candidate on the petition or request to be placed on the ballot as associated with any other candidate, except for the other candidate included on an independent ticket for President and Vice President of the United States or governor and lieutenant governor.
[Pre-1986 Recodification Citation: 3-1-11-1(d).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1993, SEC.71; P.L.14-2004, SEC.62.

IC 3-8-6-5 Contents of petition
Sec. 5. (a) A petition of nomination must state all of the following:
(1) The name of each candidate as:
(A) the candidate wants the candidate’s name to appear on the ballot; and
(B) the candidate’s name is permitted to appear on the ballot under IC 3-5-7.
(2) The address of each candidate, including the mailing address, if different from the residence address of the candidate.
(3) The office that each candidate seeks.
(4) The information required under IC 3-10-4-5, if the petition nominates candidates for presidential electors.
(5) That the petitioners desire and are registered and qualified to vote for each candidate.
(6) Whether the candidate is affiliated with the same political party as any other candidate or group of candidates that has filed or will be filing a petition of nomination with the county voter registration office under section 10 of this chapter. This subdivision does not apply to an independent candidate.
(b) A petition of nomination must:
(1) designate a brief name of the political party that the candidates represent;
(2) indicate that the candidate is an independent candidate; or
(3) indicate that the candidates are an independent ticket.
(c) If a political party has previously filed a device with the election division under IC 3-8-7-11, the petition may incorporate that device by reference in the petition. If a political party has not previously filed a device under IC 3-8-7-11, or the petition is for an independent ticket, the petition of nomination may include a device for designating the party or ticket on the ballot.
[Pre-1986 Recodification Citation: 3-1-11-1(e).]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.47; P.L.3-1993, SEC.72; P.L.3-1995, SEC.59; P.L.3-1997, SEC.146; P.L.202-1999, SEC.7; P.L.14-2004, SEC.63; P.L.230-2005, SEC.30.

IC 3-8-6-5.5 Questions concerning validity of filings
Sec. 5.5. (a) This section applies to a petition of nomination which states that a candidate is affiliated with a political party.
(b) If a candidate claims affiliation with a political party:
(1) described by IC 3-8-4-1;
(2) of a candidate who has previously filed a petition of nomination under this chapter; or
(3) whose name would result in voter confusion due to its similarity with the name of a political party described in subdivision (1) or (2);
a registered voter of the election district may question the validity of the filing in accordance with IC 3-8-1-2.
(c) If the voter affirms under subsection (b) that:

(1) the candidate is not the nominee of the political party described in subsection (b)(1);
(2) the candidate is not affiliated with the political party described in subsection (b)(2); or
(3) the name of the political party set forth in the petition would cause voter confusion under subsection (b)(3);
the commission or county election board shall determine the validity of the questioned filing under section 14 of this chapter.
(d) Following the filing of a question under subsection (b)(3) and not later than the deadline for resolution of a question concerning a petition under section 14 of this chapter, all candidates named in the petition may file a joint written amendment to the petition to alter the name of the political party or to indicate that the candidates are independent.
(e) If:
(1) the commission or county election board determines that the party affiliation stated on the petition is described under subsection (b) and that the affirmation of the voter under subsection (c) is correct; and
(2) in the case of a determination under subsection (c)(3), the candidates do not file an amendment under subsection (d);
the commission or board shall deny the filing.
As added by P.L.3-1997, SEC.147. Amended by P.L.14-2004, SEC.64.

IC 3-8-6-6 Signatures; petitioners must be registered to vote
Sec. 6. (a) The signatures to a petition of nomination need not be appended to one (1) paper, but a petitioner may not be counted unless the petitioner is registered and qualified to vote in conformity with section 8 of this chapter. Each petition must contain the following:
(1) The signature of each petitioner.
(2) The name of each petitioner legibly printed.
(3) The residence address of each petitioner as set forth on the petitioner’s voter registration record.
(b) Except as provided in this subsection, the signature, printed name, and residence address of the petitioner must be made in writing by the petitioner. If a petitioner with a disability is unable to write this information on the petition, the petitioner may authorize an individual to do so on the petitioner’s behalf. The individual acting under this subsection shall execute an affidavit of assistance for each such petitioner, in a form prescribed by the election division. The form must set forth the name and address of the individual providing assistance, and the date the individual provided the assistance. The form must be submitted with the petition.
[Pre-1986 Recodification Citation: 3-1-11-1(c).]
As added by P.L.5-1986, SEC.4. Amended by P.L.194-2013, SEC.25; P.L.64-2014, SEC.35; P.L.169-2015, SEC.60.

IC 3-8-6-7 Petitioners to sign nomination petition
Sec. 7. Each petitioner on a petition of nomination must, in conformity with section 6 of this chapter:
(1) sign the petitioner’s name;
(2) have the petitioner’s mark attested; or
(3) authorize an individual to sign on behalf of the petitioner with a disability. [Pre-1986 Recodification Citation: 3-1-11-2.]
As added by P.L.5-1986, SEC.4. Amended by P.L.194-2013, SEC.26.

IC 3-8-6-8 Certification of petitioners as eligible to vote
Sec. 8. For a petition of nomination to be considered valid by the officer required to receive the petition, the county voter registration office in the county where the petitioner is registered must certify that each petitioner is a voter at the residence address listed in the petition at the time the petition is being processed. The certification must accompany and be part of each petition. The certification must indicate that each petitioner is eligible to vote for the candidates being nominated by the petition.
[Pre-1986 Recodification Citation: 3-1-11-1(f) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.194-2013, SEC.27.

IC 3-8-6-9 Repealed
[Pre-1986 Recodification Citation: 3-1-11-3 part.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.10-1992, SEC.30 and P.L.11-1992, SEC.4.

IC 3-8-6-10 Time for submitting and filing petition; census
Sec. 10. (a) Except as provided in section 11 of this chapter, a petition of nomination must be submitted to the county voter registration office of each county in which the election district is located.
(b) The petition must be filed during the period beginning on the first date that a declaration of candidacy for a primary election may be filed under IC 3-8-2-4 in the year in which the election will be held and ending at noon June 30 before the election.
(c) The county voter registration office shall certify and file a petition that complies with the requirements of this chapter with the public official authorized to place names on the ballot (and a copy of the petition with the town clerk-treasurer, if the petition of nomination is for a town office) not later than noon July 15.
(d) This subsection applies to a county in which the county voter registration office is a board of registration established under IC 3-7-12. A candidate for a local office is not required to file the candidate’s written consent to become a candidate with the circuit court clerk until the petition of nomination for the candidate is filed in accordance with section 12 of this chapter.
(e) Following certification of a petition under this section, the office may, upon the request of a candidate named in the petition, return the original petition to the candidate for filing with the appropriate official in accordance with this subsection. The candidate must file the certified petition with the appropriate official not later than noon July 15.
(f) During a year in which a federal decennial census, federal special census, special tabulation, or corrected population count becomes effective under IC 1-1-3.5, a petition of nomination may be filed for an office that will appear on the primary election ballot that year as a result of the new tabulation of population or corrected population count.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.118; P.L.1-1988, SEC.6; P.L.10-1988, SEC.48; P.L.2-1990, SEC.7; P.L.3-1997, SEC.148; P.L.176-1999, SEC.32; P.L.260-2001, SEC.1; P.L.225-2011, SEC.36; P.L.74-2017, SEC.28; P.L.278-2019, SEC.29.

IC 3-8-6-11 Town and school board offices; filing of nomination petition
Sec. 11. (a) Whenever a town is wholly or partly located in a county having a consolidated city, a petition of nomination must be filed with the circuit court clerk of the county having the consolidated city.
(b) Whenever a town not described in subsection (a) has entered into an agreement with a county under IC 3-10-7-4, the petition must be filed with the county voter registration office of that county.
(c) When a petition is filed under subsection (a) or (b) for nomination to an office whose election district is in more than one (1) county, the circuit court clerk or board of registration shall examine the voter registration records of each county in the election district to determine if each petitioner is eligible to vote for the candidates being nominated by the petition.
[Pre-1986 Recodification Citation: 3-1-11-1(f) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.6-1986, SEC.5; P.L.3-1987, SEC.119; P.L.10-1988, SEC.49; P.L.3-1989, SEC.6; P.L.194-2013, SEC.28.

IC 3-8-6-12 Filing of petition of nomination
Sec. 12. (a) A petition of nomination for an office filed under section 10 of this chapter must be filed with and, except as provided in subsection (d), certified by the person with whom a declaration of candidacy must be filed under IC 3-8-2.
(b) The certified petition of nomination must be accompanied by the following:
(1) The candidate’s written consent to become a candidate.
(2) The following statements:
(A) A statement that the candidate has attached either of the following to the petition:
(i) A copy of a statement of economic interests, file stamped by the office required to receive the statement of economic interests.
(ii) A receipt or photocopy of a receipt showing that a statement of economic interests has been filed.
This requirement does not apply to a candidate for a federal office.
(B) A statement that the candidate understands that if the candidate is elected to the office, the candidate may be required to obtain and file an individual surety bond before serving in the office. This requirement does not apply to a candidate for a federal office or legislative office.
(C) A statement that the candidate understands that if the candidate is elected to the office, the candidate may be required to successfully complete training or have attained certification related to service in an elected office. This requirement does not apply to a candidate for a federal office, state office, or legislative office.
(D) A statement that the candidate:
(i) is aware of the provisions of IC 3-9 regarding campaign finance and the reporting of campaign contributions and expenditures; and
(ii) agrees to comply with the provisions of IC 3-9.
This requirement does not apply to a candidate for a federal office.
The candidate must separately initial each of the statements required by this subdivision.
(3) If the candidate is subject to IC 3-9-1-5, a statement by the candidate that the candidate has filed a campaign finance statement of organization under IC 3-9-1-5 or is aware that the candidate may be required to file a campaign finance statement of organization not later than noon seven (7) days after the final date for filing a petition for nomination under section 10 of this chapter.
(4) If the candidate is subject to IC 3-9-1-5.5, a statement by the candidate that the candidate is aware of the requirement to file a campaign finance statement of organization under IC 3-9 after the first of either of the following occurs:
(A) The candidate receives more than five hundred dollars ($500) in contributions.
(B) The candidate makes more than five hundred dollars ($500) in expenditures.
(5) A statement indicating whether or not each candidate:
(A) has been a candidate for state or local office in a previous primary or general election; and
(B) has filed all reports required by IC 3-9-5-10 for all previous candidacies.
(6) A statement that each candidate is legally qualified to hold the office that the candidate seeks, including any applicable residency requirements and restrictions on service due to a criminal conviction.
(7) If the petition is filed with the secretary of state for an office not elected by the electorate of the whole state, a statement signed by the circuit court clerk of each county in the election district of the office sought by the individual.
(8) Any statement of economic interests required under IC 3-8-1-33.
(c) The statement required under subsection (b)(7) must:
(1) be certified by each circuit court clerk; and
(2) indicate the number of votes cast for secretary of state:
(A) at the last election for secretary of state; and
(B) in the part of the county included in the election district of the office sought by the individual filing the petition.
(d) The person with whom the petition of nomination must be filed under subsection (a) shall:
(1) determine whether a sufficient number of signatures as required by section 3 of this chapter have been obtained; and
(2) do one (1) of the following:
(A) If the petition includes a sufficient number of signatures, certify the petition.
(B) If the petition has an insufficient number of signatures, deny the certification.
(e) The secretary of state shall, by noon on the date specified under IC 3-8-7-16 for the certification of candidates and public questions by the election division:
(1) certify; or
(2) deny certification under subsection (d) to;
each petition of nomination filed in the secretary of state’s office to the appropriate county.
(f) The election division shall provide that the form of a petition of nomination includes the following information:
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reports under IC 3-9.
(g) A candidate’s consent to become a candidate must include a statement that the candidate requests the name on the candidate’s voter registration record be the same as the name the candidate uses on the consent to become a candidate. If there is a difference between the name on the candidate’s consent to become a candidate and the name on the candidate’s voter registration record, the officer with whom the consent to become a candidate is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the candidate’s voter registration record to be the same as the name on the candidate’s consent to become a candidate.
(h) If the person with whom the petition was filed denies certification under subsection (d), the person shall notify the candidate immediately by certified mail.
(i) A candidate may contest the denial of certification under subsection (d) based on:
(1) the county voter registration office’s failure to certify, under section 8 of this chapter, qualified petitioners; or
(2) the determination described in subsection (d)(1);
using the procedure in IC 3-8-1-2 and section 14 of this chapter that applies to questions concerning the validity of a petition of nomination.
[Pre-1986 Recodification Citation: 3-1-11-1(l) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.120; P.L.10-1988, SEC.50; P.L.4-1991, SEC.41; P.L.3-1995, SEC.60; P.L.3-1997, SEC.149; P.L.253-1997(ss), SEC.1; P.L.176-1999, SEC.33; P.L.202-1999, SEC.8; P.L.14-2000, SEC.4; P.L.26-2000, SEC.7; P.L.66-2003, SEC.14; P.L.225-2011, SEC.37; P.L.76-2014, SEC.20; P.L.169-2015, SEC.61; P.L.74-2017, SEC.29.

IC 3-8-6-12.5 Nominations for petition; timely filing of documents; effectiveness
Sec. 12.5. (a) A candidate’s nomination by petition under this chapter is not effective unless the candidate timely files each document required under sections 10 and 12 of this chapter.

(b) The county election board may not include on a ballot the name of a candidate whose nomination is ineffective under subsection (a).
(c) The election division may not certify the name of a candidate for placement on a ballot by a county election board if the candidate’s nomination is ineffective under subsection (a).
As added by P.L.124-2012, SEC.3.

IC 3-8-6-13 Special election called by governor; filing of petition
Sec. 13. In a special election called by the governor, a petition of nomination shall be filed with the circuit court clerk or other public official with whom a petition is required to be filed, at any time after the election is called but no later than noon seventy-four (74) days before the date of the election.
[Pre-1986 Recodification Citation: 3-1-11-5(b) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.121; P.L.10-1988, SEC.51; P.L.124-2012, SEC.4.

IC 3-8-6-13.5 Withdrawal of candidate petition
Sec. 13.5. A candidate may withdraw a petition of nomination by noon:
(1) July 15 before a general or municipal election; or
(2) seventy-one (71) days before a special election.
As added by P.L.3-1987, SEC.122. Amended by P.L.10-1988, SEC.52; P.L.3-1993, SEC.73; P.L.260-2001, SEC.2; P.L.219-2013, SEC.22.

IC 3-8-6-14 Eligibility and consent of candidate; questions concerning validity of petition or contesting denial of certification
Sec. 14. (a) A person may not be selected as a candidate by petition of nomination without giving written consent and having it filed with the public official with whom certificates and petitions of nomination are required to be filed.
(b) Each candidate nominated by petition of nomination must satisfy all statutory eligibility requirements for the office for which the candidate is nominated, including the filing of statements of economic interest.
(c) All questions concerning the validity of a petition of nomination filed with the secretary of state or contesting the denial of certification under section 12(d) of this chapter shall be referred to and determined by the commission. A statement questioning the validity of a petition of nomination or contesting the denial of certification under section 12(d) of this chapter must be filed with the election division under IC 3-8-1-2(d) or IC 3-8-1-2(f) not later than noon seventy-four (74) days before the date on which the general or municipal election will be held for the office.
(d) All questions concerning the validity of a petition of nomination filed with a circuit court clerk or contesting the denial of certification under section 12(d) of this chapter shall be referred to and determined by the county election board. A statement questioning the validity of a petition of nomination or contesting the denial of certification under section 12(d) of this chapter must be filed with the county election board under IC 3-8-1-2(d) or IC 3-8-1-2(f) not later than noon seventy-four (74) days before the date on which the general or municipal election will be held for the office.
(e) The commission or a county election board shall rule on the validity of the petition of nomination or the denial of certification under section 12(d) of this chapter not later than noon sixty (60) days before the date on which the general or municipal election will be held for the office.
[Pre-1986 Recodification Citation: 3-1-11-1(m) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.53; P.L.3-1993, SEC.74; P.L.2-1996, SEC.88; P.L.3-1997, SEC.150; P.L.58-2001, SEC.3; P.L.66-2003, SEC.15; P.L.194-2013, SEC.29; P.L.74-2017, SEC.30.

IC 3-8-6-15 Repealed
[Pre-1986 Recodification Citation: 3-2-2-1 part.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.10-1988, SEC.238.

IC 3-8-6-16 Candidate departing election district without withdrawal of candidacy; procedure
Sec. 16. (a) This section applies if a person:
(1) files a petition of nomination under this chapter;
(2) moves from the election district that the person sought to represent following the filing of the petition of nomination;
(3) does not file a notice of withdrawal of candidacy under section 13.5 of this chapter; and
(4) is no longer an active candidate.
(b) The county chairman of any political party on the ballot in the election district or a candidate for the office sought by the person described in subsection (a) may, upon determining that this section applies, file an action in the circuit court, superior court, or probate court in the county where the person described in subsection (a) resided. The complaint in this action must:
(1) state that this section applies to the person;
(2) name the person described in subsection (a) and the public official responsible for placing that person’s name on the ballot as defendants; and
(3) be filed no later than a notice of withdrawal could have been filed under section
13.5 of this chapter.
(c) When a complaint is filed under subsection (b), the circuit court, superior court, or probate court shall conduct a hearing and rule on the petition within ten (10) days after it is filed.
(d) If the court finds in favor of the plaintiff, a candidate vacancy occurs on the:
(1) general election ballot; and
(2) primary election ballot if no other person is:
(A) a member of the same political party as the person described in subsection (a); and
(B) a candidate on the ballot for the office sought by the person described in subsection (a).
(e) The candidate vacancy shall be filled under IC 3-13-1 if the candidate represents a political party not qualified to nominate candidates in a primary or by convention.
As added by P.L.3-1987, SEC.123. Amended by P.L.84-2016, SEC.8.

IC 3-8-6-17 Replacement of candidate on petition of nomination
Sec. 17. (a) If:
(1) a petition of nomination contains the name of at least one (1) candidate who seeks to be placed on the ballot as the candidate of a political party described by section 1 of this chapter; and
(2) a candidate listed on the petition ceases to be a candidate after the petition is circulated for signature or filed;
the candidate may be replaced on the petition in accordance with this section.
(b) This subsection applies to a candidate described in subsection (a) who sought a federal, state, or legislative office or a local office described by IC 3-8-2-5. The state chairman of the political party may file a written statement with the election division stating the name of the substitute candidate. The statement must:
(1) be on a form prescribed by the election division;
(2) state the following:
(A) the name of the individual who ceased to be a candidate;
(B) the date and reason the individual ceased to be a candidate; and
(C) the name of the individual who will replace the candidate as:
(i) the individual wants the individual’s name to appear on the ballot; and
(ii) the individual’s name is permitted to appear on the ballot under IC 3-5-7; and
(3) be accompanied by the following:
(A) The replacement candidate’s consent to be nominated by the petition and, if other candidates were listed on the petition, the signed consent of those candidates to be the replacement.
(B) The former candidate’s statement of withdrawal in a form substantially similar to the form prescribed under IC 3-8-7-28 if the individual withdrew as a candidate.
A replacement candidate’s consent to the nomination must include a statement that the candidate requests the name on the candidate’s voter registration record be the same as the name the candidate uses on the consent to the nomination. If there is a difference between the name on the candidate’s consent to the nomination and the name on the candidate’s voter registration record, the officer with whom the consent to the nomination is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the candidate’s voter registration record to be the same as the name on the candidate’s consent to the nomination.
(c) This subsection applies to a candidate described in subsection (a) who sought a local office other than a local office described by IC 3-8-2-5. The county, city, or town chairman of the political party may file a written statement that conforms with subsection (b) with the election board conducting the election for the local office.
(d) The statement required under subsection (b) or (c) must be filed not later than the final date and time for the filing of a certificate of candidate selection under IC 3-13-1-15(c).
(e) If a petition of nomination is circulated or filed by an independent candidate and that individual ceases to be a candidate, another candidate may not be substituted on the petition of nomination.
As added by P.L.3-1997, SEC.151. Amended by P.L.202-1999, SEC.9; P.L.14-2004, SEC.65; P.L.124-2012, SEC.5; P.L.169-2015, SEC.62.

IC 3-8-7 Chapter 7. Certification of Nominees and Ballot Placement

IC 3-8-7-1 Candidate receiving highest vote; death of candidate
Sec. 1. (a) Subject to subsections (b) and (c), the candidate of a political party receiving the highest vote for an office at a primary election is the nominee of that party for that office.
(b) If the candidate of a political party receiving the highest vote for an office at a primary election for which a declaration of candidacy must be filed with the secretary of state or election division under IC 3-8-2 dies before the certification of primary election results by the election division, the election division shall promptly certify to the state chairman of the political party that a candidate vacancy exists, which may be filled by the political party under IC 3-13-1.
(c) If the candidate of a political party receiving the highest vote for an office at a primary election for which a declaration of candidacy must be filed with the circuit court clerk under IC 3-8-2 dies before the certification of primary election results by the county election board, the county election board shall promptly certify to the county chairman of the political party that a candidate vacancy exists, which may be filled by the political party under IC 3-13-1. [Pre-1986 Recodification Citation: 3-1-9-18 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.194-2013, SEC.30.

IC 3-8-7-2 Certification of primary results by election division
Sec. 2. The election division shall, not later than noon seventy-four (74) days before the date of the general election, certify the primary election results canvassed and tabulated under IC 3-10-1-34 for:
(1) candidates for federal and state offices; and
(2) candidates for legislative and local offices who are required to file a declaration of candidacy with the election division under IC 3-8-2;
to the county election board of each county in which the candidates are to be voted for at the next general election. No other form of certification of nomination for the offices is necessary.
[Pre-1986 Recodification Citation: 3-1-9-17(f) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.124; P.L.3-1997, SEC.152; P.L.66-2003, SEC.16.

IC 3-8-7-3 Error in certification
Sec. 3. (a) Except as provided in subsection (b), an error in certification discovered before sixty (60) days before a general election shall be corrected by the public officials charged with the duties of certification.
(b) An error in certification of candidates for a town office under IC 3-8-5 discovered before September 18 before a town election shall be corrected by the public officials charged with the duties of certification.
[Pre-1986 Recodification Citation: 3-1-9-17(g).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1993, SEC.75; P.L.144-1999, SEC.5.

IC 3-8-7-4 Person nominated within county or municipality; exemption from certification
Sec. 4. A person nominated at a primary election held under this title within a county or a municipality does not have to be certified as a candidate to any election board.
[Pre-1986 Recodification Citation: 3-1-9-17(h) part.]
As added by P.L.5-1986, SEC.4.

IC 3-8-7-5 List of candidates and delegates
Sec. 5. (a) Each circuit court clerk, not later than noon on the second Monday after a primary election conducted in a year in which a general election will be held, shall furnish the election division with a complete list of all:
(1) candidates nominated; and
(2) state convention delegates elected; at the primary election.
(b) The list must include:
(1) the address of each candidate and delegate; and
(2) the United States congressional district in which each delegate resides. [Pre-1986 Recodification Citation: 3-1-9-17(i) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.54; P.L.3-1997, SEC.153; P.L.221-2005, SEC.18; P.L.169-2015, SEC.63.

IC 3-8-7-6 Candidate lists furnished to state chairmen of major political parties
Sec. 6. (a) Not later than noon ten (10) days after the certification of the canvass performed by the election division under IC 3-10-1-34, the secretary of state shall furnish to the state chairman of each major political party of the state a list, certified under the secretary’s hand and seal.
(b) The list described in subsection (a) must:
(1) contain the names of all candidates shown to be nominated by the canvass of the election division conducted under IC 3-10-1-34; and
(2) include the address of each candidate.
(c) No other form of certification of nomination for office is necessary for an individual included on the list described by this section.
[Pre-1986 Recodification Citation: 3-1-9-17(i) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.176-1999, SEC.34; P.L.64-2014, SEC.36.

IC 3-8-7-6.5 Delegate lists furnished to state chairmen of major political parties
Sec. 6.5. (a) Not later than noon ten (10) days after receipt of the delegate lists from each circuit court clerk under section 5 of this chapter, the secretary of state shall furnish to the state chairman of each major political party of the state a list of individuals elected as delegates to the convention of the chairman’s political party.
(b) The list described under subsection (a) must:
(1) contain the names of all delegates elected, as certified by the circuit court clerks under section 5 of this chapter; and
(2) include the address of each delegate.
(c) The delegate lists must be certified separately from the candidate lists certified under section 6 of this chapter and may not contain the name of an individual appointed to serve as a state convention delegate.
As added by P.L.176-1999, SEC.35.

IC 3-8-7-7 Repealed
[Pre-1986 Recodification Citation: 3-1-9-17(i) part.]
As added by P.L.5-1986, SEC.4. Repealed by P.L.10-1988, SEC.238.

IC 3-8-7-8 Certification of candidates nominated at state convention
Sec. 8. (a) This section applies to a state convention conducted by a political party described by IC 3-8-4-1.
(b) The state chairman and state secretary of the political party holding the state convention shall certify each candidate nominated at the convention to the secretary of state not later than noon July 15 before the general election.
(c) The certificate must be in writing and state the following:
(1) The name of each candidate nominated as:
(A) the candidate wants the candidate’s name to appear on the ballot; and
(B) the candidate’s name is permitted to appear on the ballot under IC 3-5-7.
(2) Each candidate’s residence address.
(3) Whether each candidate nominated by the convention has complied with IC 3-9-1-5 by filing a campaign finance statement of organization.
(4) The following statements:
(A) A statement that the candidate has attached either of the following to the certificate:
(i) A copy of a statement of economic interests, file stamped by the office required to receive the statement of economic interests.
(ii) A receipt, or photocopy of a receipt, or electronic mail from the office of the inspector general or judicial qualifications commission, showing that a statement of economic interests has been filed.

This requirement does not apply to a candidate for a federal office.
(B) A statement that the candidate understands that if the candidate is elected to the office, the candidate may be required to obtain and file an individual surety bond before serving in the office. This requirement does not apply to a candidate for a federal office or legislative office.
(C) A statement that the candidate understands that if the candidate is elected to the office, the candidate may be required to successfully complete training or have attained certification related to service in an elected office. This requirement does not apply to a candidate for a federal office, state office, or legislative office.
(D) A statement that the candidate:
(i) is aware of the provisions of IC 3-9 regarding campaign finance and the reporting of campaign contributions and expenditures; and
(ii) agrees to comply with the provisions of IC 3-9.

This requirement does not apply to a candidate for a federal office.

The candidate must separately initial each of the statements required by this subdivision.
(d) The election division shall prescribe the form of the certificate of nomination for the offices. The election division shall provide that the form of the certificate of nomination include the following information:
(1) The dates for filing campaign finance reports under IC 3-9.
(2) The penalties for late filing of campaign finance reports under IC 3-9.
(e) A certificate of nomination must include a statement that the candidate requests the name on the candidate’s voter registration record be the same as the name the candidate uses on the certificate of nomination. If there is a difference between the name on the candidate’s certificate of nomination and the name on the candidate’s voter registration record, the officer with whom the certificate of nomination is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the candidate’s voter registration record to be the same as the name on the candidate’s certificate of nomination.
(f) The certificate of nomination must be signed by the state chairman and state secretary of the political party holding the convention, and set forth the name and residence of the chairman and secretary. The chairman and secretary shall acknowledge the certificate before an individual authorized to administer oaths under IC 33-42-9. The signed acknowledgment must be included in the certificate of nomination executed under this section.
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.125; P.L.3-1995, SEC.61; P.L.3-1997, SEC.154; P.L.202-1999, SEC.10; P.L.260-2001, SEC.3; P.L.76-2014, SEC.21; P.L.76-2014, SEC.22; P.L.169-2015, SEC.64; P.L.128-2017, SEC.3; P.L.278-2019, SEC.30.

IC 3-8-7-9 Repealed
[Pre-1986 Recodification Citation: 3-1-9-17.5 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.126; P.L.3-1997, SEC.155; Repealed by P.L.38-1999, SEC.73.

IC 3-8-7-10 Certificates of nomination; requirements
Sec. 10. (a) This section applies to a county, city, or town convention conducted by a political party described by IC 3-8-4-1.
(b) A certificate of nomination by convention or primary election must satisfy all of the following:
(1) Be in writing.
(2) Contain all of the following information for each person nominated:
(A) The name of each person nominated as:
(i) the person wants the person’s name to appear on the ballot; and
(ii) the person’s name is permitted to appear on the ballot under IC 3-5-7.
(B) Each person’s residence address.
(C) The office for which each person is nominated.
(3) Be signed by the chairman and secretary of the county, city, or town committee, who shall also give their respective places of residence and acknowledge the certificate before an individual authorized to administer oaths under IC 33-42-9. The signed acknowledgment must be included in the certificate of nomination executed under this section.
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.55; P.L.202-1999, SEC.11; P.L.76-2014, SEC.23; P.L.128-2017, SEC.4.

IC 3-8-7-11 Device used to designate candidates
Sec. 11. (a) Except as provided in subsection (f), if a political party has filed a statement with the election division (or any of its predecessors) that the device selected by the political party be used to designate the candidates of the political party on the ballot for all elections throughout the state, the device must be used until:
(1) the device is changed in accordance with party rules; and
(2) a statement concerning the use of the new device is filed with the election division.
(b) Except as provided in subsection (c), the device may be any appropriate symbol.
(c) A political party or an independent candidate may not use any of the following as a device:
(1) A symbol that has previously been filed by a political party or candidate with the election division (or any of its predecessors).
(2) The coat of arms or seal of the state or of the United States.
(3) The national or state flag.
(4) Any other emblem common to the people.
(d) Not later than noon on the date specified under section 16 of this chapter for the certification of candidates and public questions by the election division, the election division shall provide each county election board with a camera-ready copy of the device under which the candidates of the political party or the petitioner are to be listed so that ballots may be prepared using the best possible reproduction of the device.
(e) This subsection applies to a candidate or political party whose device is not filed with the election division under subsection (a) and is to be printed only on ballots to identify candidates for election to a local office. Not later than noon on the date specified under section 16 of this chapter for the certification of candidates and public questions by the election division, the chairman of the political party or the petitioner of nomination shall file a camera-ready copy of the device under which the candidates of the political party or the petitioner are to be listed with the county election board of each county in which the name of the candidate or party will be placed on the ballot. The county election board shall provide the camera-ready copy of the device to the town election board of a town located wholly or partially within the county upon request by the town election board.
(f) If a copy of the device is not filed in accordance with subsection (a) or (e), or unless a device is designated in accordance with section 26 or 27 of this chapter, the county election board or town election board is not required to use any device to designate the list of candidates.
(g) If a device is filed with the election division or an election board after the commencement of printing of ballots for use at an election conducted under this title, the election board responsible for printing the ballots is not required to alter the ballots to include the device filed under this subsection.
[Pre-1986 Recodification Citation: 3-1-11-1(h) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.127; P.L.3-1997, SEC.156; P.L.14-2004, SEC.66; P.L.230-2005, SEC.31; P.L.225-2011, SEC.38.

IC 3-8-7-12 Persons with whom to file certificates
Sec. 12. A certificate of nomination for an office to be elected by the electorate of the whole state shall be filed with the election division. A certificate of nomination for any other elected office shall be filed with the person with whom a declaration of candidacy shall be filed.
[Pre-1986 Recodification Citation: 3-1-11-1(l) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.128; P.L.3-1997, SEC.157; P.L.66-2003, SEC.17.

IC 3-8-7-13 Candidates to satisfy statutory eligibility requirements
Sec. 13. Each candidate nominated by certificate of nomination must satisfy all statutory eligibility requirements for the office for which the candidate is nominated, including filing statements of economic interest.
[Pre-1986 Recodification Citation: 3-1-11-1(m) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.56.

IC 3-8-7-14 Deadline for filing certificates of nomination
Sec. 14. (a) This section does not apply to the certification of nominees under IC 3-10-4-5.
(b) A certificate of nomination required to be filed with the election division or circuit court clerk shall be filed not later than noon July 15 before the date fixed for the election of the person nominated.
[Pre-1986 Recodification Citation: 3-1-11-5(a).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.129; P.L.10-1988, SEC.57; P.L.3-1997, SEC.158; P.L.260-2001, SEC.4; P.L.66-2003, SEC.18.

IC 3-8-7-15 Special election called by governor; filing of certificate of nomination
Sec. 15. In a special election called by the governor, a certificate of nomination may be filed with the public official with whom a certificate is required to be filed at any time after the election is called but no later than noon seventy-four (74) days before the date of the election.
[Pre-1986 Recodification Citation: 3-1-11-5(b) part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.58; P.L.225-2011, SEC.39.

IC 3-8-7-16 Certification by election division; designation of device and order of names
Sec. 16. (a) This section does not apply to the certification of nominees under IC 3-10-4-5.
(b) The election division shall certify the following to each county election board not later than noon seventy-four (74) days before a general election:
(1) The name and place of residence of each person nominated for election to:
(A) an office for which the electorate of the whole state may vote;
(B) the United States House of Representatives;
(C) a legislative office; or
(D) a local office for which a declaration of candidacy must be filed with the election division under IC 3-8-2.
(2) The name of each:
(A) justice of the supreme court;
(B) judge of the court of appeals; and
(C) judge of the tax court;
who is subject to a retention vote by the electorate and who has filed a statement under IC 33-24-2 or IC 33-25-2 indicating that the justice or judge wishes to have the question of the justice’s or judge’s retention placed on the ballot.
(c) Subject to compliance with section 11 of this chapter, the election division shall designate the device under which the list of candidates of each political party will be printed and the order in which the political party ticket will be arranged under IC 3-10-4-2 and IC 3-11-2-6.
[Pre-1986 Recodification Citation: 3-1-11-6.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.130; P.L.10-1988, SEC.59; P.L.3-1995, SEC.62; P.L.2-1996, SEC.89; P.L.3-1997, SEC.159; P.L.66-2003, SEC.19; P.L.98-2004, SEC.32; P.L.14-2004, SEC.67.

IC 3-8-7-17 Notice that person will not accept nomination
Sec. 17. (a) The election division may not certify the name of a person whose certificate or petition of nomination has been filed with the election division if the person has filed a notice with the election division that the person will not accept the nomination contained in the certificate or petition of nomination.
(b) The notice must be signed and acknowledged before an officer authorized to take acknowledgments of deeds in a form prescribed by the election division.
(c) A county election board may not include on the ballot the name of a person whose certificate or petition of nomination has been filed in the circuit court clerk’s office if the person has notified the clerk in the same manner that the person will not accept the nomination.
(d) The name of a candidate who has given notice under this section may not be included on the ballot.
[Pre-1986 Recodification Citation: 3-1-11-8.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.131; P.L.10-1988, SEC.60; P.L.3-1997, SEC.160; P.L.169-2015, SEC.65.

IC 3-8-7-18 Certificate or petition containing names of more than one candidate
Sec. 18. (a) This subsection applies to an office to which only one (1) candidate may be elected. If a certificate or petition of nomination contains the name of more than one (1) candidate for the office, none of the names of the candidates on the certificate or petition may be printed on the ballot as a candidate for the office.
(b) This subsection applies to an office for which more than one (1) candidate may be elected. If the certificate or petition contains the names of more than the total number of candidates that may be elected to that office, none of the names of the candidates on the certificate or petition may be printed on the ballot as a candidate for the office.
[Pre-1986 Recodification Citation: 3-1-11-3 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.9-2004, SEC.11.

IC 3-8-7-19 Names to appear only once on ballot; candidate for federal office and Vice President
Sec. 19. (a) Except as provided in subsection (b), the name of a person who has been nominated as a candidate for an elected office may not appear in more than one (1) place on a ballot.
(b) The name of a person who is nominated as a candidate of a political party:
(1) for a federal office in a primary election; and
(2) for Vice President of the United States during the same year;
may appear on the general election ballot as a candidate for the federal office and for Vice President of the United States.
[Pre-1986 Recodification Citation: 3-1-11-3 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.12-1988, SEC.2.

IC 3-8-7-20 Person nominated by convention and/or petition, primary election and petition, or primary election and convention
Sec. 20. (a) If a person has been nominated as a candidate for the same office by:
(1) both convention and petition;
(2) both primary election and petition;
(3) both primary election and convention;
(4) more than one (1) petition; or
(5) more than one (1) convention;
the person’s name may be placed on the ballot only once.
(b) This subsection applies only to a person nominated by both convention and petition. The person’s name shall be placed on the list of candidates nominated by convention, and the place occupied by the person’s name in the petition must be left blank. However, if the candidate files a written statement:
(1) acknowledged before a person authorized to take acknowledgments;
(2) in the office where a petition of nomination for the office must be filed;
(3) no later than noon of the last day for filing a petition of nomination under IC 3-8-6-10(c); and
(4) requesting that the person’s name be printed as nominated by petition;
the person’s name must be so printed and omitted from the list nominated by convention.
(c) This subsection applies only to a person nominated by both primary election and petition. The person’s name must be placed on the list of candidates nominated by primary election, and the place occupied by the person’s name in the petition must be left blank. However, if the candidate files a written statement:
(1) acknowledged before a person who is authorized to take acknowledgments;
(2) in the office where a petition of nomination for the office must be filed;
(3) not later than noon the last day for filing a petition of nomination under IC 3-8-6-10(c); and
(4) requesting that the person’s name be printed as nominated by petition;
the person’s name must be so printed and omitted from the list nominated by primary election.
(d) This subsection applies only to a person nominated by both primary election and convention. The person’s name must be placed on the list of candidates nominated by primary election, and the place occupied by the person’s name in the certificate of nomination of the convention must be left blank. However, if the candidate files a written statement:
(1) acknowledged before a person who is authorized to take acknowledgments;
(2) in the office where a certificate of nomination for the office must be filed;
(3) not later than noon the last day for filing a certificate of nomination; and
(4) requesting that the person’s name be printed as nominated by convention;
the person’s name must be so printed and omitted from the list nominated by primary election.
(e) This subsection applies only to a person nominated by more than one (1) petition. The person’s name must be placed on the list of candidates nominated by petition for the first petition of nomination certified under IC 3-8-6 and filed with the election division or county election board under IC 3-8-6-10(c), and the place occupied by the person’s name in a subsequent petition must be left blank. However, if the candidate files a written statement:
(1) acknowledged before a person who is authorized to take acknowledgments;
(2) in the office where a petition of nomination for the office must be filed;
(3) not later than noon the last day for filing a petition of nomination under IC 3-8-6-10(c); and
(4) requesting that the person’s name be printed as nominated by a subsequent petition; the person’s name must be placed on the list of candidates nominated by the subsequent petition.
(f) This subsection applies to a person nominated by more than one (1) convention. The person’s name must be placed on the list of candidates nominated by convention for the first certificate of nomination filed with the public official with whom the certificate is required to be filed, and the place occupied by the person’s name in a subsequent certificate of nomination of the convention must be left blank. However, if the candidate files a written statement:
(1) acknowledged before a person who is authorized to take acknowledgments;
(2) in the office where a certificate of nomination for the office must be filed;
(3) not later than noon the last day for filing a certificate of nomination; and
(4) requesting that the person’s name be printed as nominated by a subsequent convention;
the person’s name must be printed as nominated by the subsequent convention.
(g) If an individual is nominated as a candidate under IC 3-13-1 to fill a candidate vacancy, the individual is considered for purposes of this section to have been nominated in the same manner as the candidate whom the individual succeeded or in the same manner as a candidate would have been nominated if no nomination is made. If an individual is nominated as a candidate under IC 3-13-2 to fill a candidate vacancy, the individual may not be placed on the ballot as the candidate of any other political party. [Pre-1986 Recodification Citation: 3-1-11-3 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.10-1988, SEC.61; P.L.38-1999, SEC.27.

IC 3-8-7-21 Nomination by more than one political party or by political party and as independent; election of nomination
Sec. 21. (a) If a person has been nominated by two (2) or more political parties, or as an independent candidate and as the nominee of at least one (1) political party, the person must elect which of the nominations the person will accept.
(b) The election must be in writing, signed, acknowledged before an officer authorized to take acknowledgments, and filed in the office where a declaration of candidacy must be filed for the office under IC 3-8-2 or where a certificate of nomination by a convention must be filed under this chapter by noon July 15 before the election.
[Pre-1986 Recodification Citation: 3-1-11-11 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.132; P.L.3-1993, SEC.76; P.L.3-1997, SEC.161; P.L.38-1999, SEC.28; P.L.260-2001, SEC.5.

IC 3-8-7-22 Failure to make election
Sec. 22. (a) This section applies if a person nominated by two (2) or more political parties or as an independent candidate and as the nominee of at least one (1) political party does not make and file an election as required by section 21 of this chapter.
(b) The election division or circuit court clerk shall make the election for the person.
(c) The election division or clerk shall give preference to the nomination made by primary election and secondly to the nomination given by convention. If the candidate is nominated by more than one (1) convention or more than one (1) petition and the candidate does not make the election, the election division or clerk shall give preference to the first certificate of nomination for a convention given to the candidate under IC 3-8-5-13 or IC 3-8-7-8, or the first petition of nomination given to the candidate under IC 3-8-6-10.
[Pre-1986 Recodification Citation: 3-1-11-11 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.133; P.L.3-1993, SEC.77; P.L.3-1997, SEC.162; P.L.38-1999, SEC.29.

IC 3-8-7-23 Place of name on ballot following election
Sec. 23. After the election required by section 21 or 22 of this chapter is made, the election division or the appropriate election board shall place the name of the person on the list of nominees under only the designation as an independent candidate or the political party name and device indicated by the person or by the election division or circuit court clerk.
[Pre-1986 Recodification Citation: 3-1-11-11 part.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.134; P.L.3-1993, SEC.78; P.L.3-1997, SEC.163.

IC 3-8-7-24 Preservation of certificates and petitions of nomination
Sec. 24. The election division and each circuit court clerk shall preserve all certificates and petitions of nomination filed under this article for the period required under IC 3-10-1-31 or IC 3-10-1-31.1.
[Pre-1986 Recodification Citation: 3-1-11-7.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.135; P.L.3-1993, SEC.79; P.L.3-1997, SEC.164; P.L.38-1999, SEC.30; P.L.14-2004, SEC.68.

IC 3-8-7-25 Nominees entitled to have names on ballot
Sec. 25. Each county election board shall have printed on the respective general, special, or municipal election ballots the names of the following candidates:
(1) Nominees chosen at a primary election under IC 3-10 and certified as required by this chapter.
(2) Nominees chosen by a convention of a political party in the state whose candidate received at least two percent (2%) of the total vote cast for secretary of state at the last election and certified under section 8 of this chapter.
(3) Nominees nominated by petition under IC 3-8-6.
(4) Nominees selected to fill a candidate vacancy under IC 3-13-1 or IC 3-13-2.
[Pre-1986 Recodification Citations: 3-1-9-17(f) part, (h) part; 3-1-9-17.5 part; 3-1-9-18 part; 3-1-10-3 part; 3-1-11-1(a)(1).]
As added by P.L.5-1986, SEC.4. Amended by P.L.2-1996, SEC.90; P.L.4-1996, SEC.32; P.L.3-1997, SEC.165; P.L.169-2015, SEC.66.

IC 3-8-7-25.5 Statement designating former and current legal name of candidate
Sec. 25.5. (a) This section does not apply to the change of a candidate’s name that occurs after absentee ballots have been printed bearing the candidate’s name.
(b) A candidate who:
(1) is:
(A) nominated for election; or
(B) a candidate for nomination; and
(2) changed the candidate’s legal name after:
(A) the candidate has been nominated; or
(B) the candidate has become a candidate for nomination;
shall file a statement setting forth the former and current legal name of the candidate with the office where a declaration of candidacy or certificate of nomination for the office is required to be filed. If the final date and hour has not passed for filing a declaration of candidacy, consent for nomination, or declaration of intent to be a write-in candidate, the candidate must file the request for a change of name on the form prescribed by the election division for the declaration or consent.
(c) The statement filed under subsection (b) must also indicate the following:
(1) That the candidate has previously filed a change of name request with a county voter registration office so that the name set forth in the statement is identical to the candidate’s name on the county voter registration record.
(2) How the candidate’s legal name was changed.
(d) Upon the filing of the statement, each county election board shall print the candidate’s legal name on the ballot as set forth in the statement.
As added by P.L.3-1997, SEC.166. Amended by P.L.176-1999, SEC.36; P.L.202-1999, SEC.12; P.L.14-2000, SEC.5; P.L.225-2011, SEC.40; P.L.169-2015, SEC.67.

IC 3-8-7-26 Factions within a political party; selection of names and devices
Sec. 26. (a) If there is a division in a political party and two (2) or more factions claim the same party name, title, or device, the commission, or the county election board, if appropriate, shall give preference of name to the convention held at the time and place designated in the call of the regularly constituted party authorities.
(b) If another faction presents no other party name, title, or device, the commission or county election board shall:
(1) select a name or title;
(2) place the selected name or title before the list of candidates of the faction that are on the ballot; and
(3) select some suitable device that complies with section 11 of this chapter to designate the faction’s candidates.
[Pre-1986 Recodification Citation: 3-1-11-1(j).]
As added by P.L.5-1986, SEC.4. Amended by P.L.2-1996, SEC.91; P.L.3-1997, SEC.167.

IC 3-8-7-27 Two or more conventions called by factions within a political party; selection of devices
Sec. 27. If two (2) or more conventions are called by authorities claimed to be the rightful authorities of a political party, the commission or county election board shall select suitable devices to distinguish one (1) faction from the other and have the ballots prepared accordingly. However, if a political party entitled to nominate by convention fails to do so, the names of all nominees by petition for any office who are designated in their petitions as members of and candidates of the party shall be placed on the ballot under the name and device of the party on the ballots, as if nominated by convention.
[Pre-1986 Recodification Citation: 3-1-11-1(k).]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.136; P.L.2-1996, SEC.92.

IC 3-8-7-28 Notice of withdrawal; withdrawal; disqualification; moving out of district
Sec. 28. (a) Except as provided in subsections (b) and (c), if a nominee certified under this chapter, IC 3-8-5, IC 3-8-6, or IC 3-10-1 desires to withdraw as the nominee, the nominee must file a notice of withdrawal in writing with the public official with whom the certificate of nomination was filed by noon:
(1) July 15 before a general or municipal election;
(2) August 1 before a municipal election in a town subject to IC 3-8-5-10;
(3) on the date specified for town convention nominees under IC 3-8-5-14.5;
(4) on the date specified for declared write-in candidates under IC 3-8-2-2.7;
(5) on the date specified for a school board candidate under IC 3-8-2.5-4; or
(6) forty-five (45) days before a special election.
(b) A candidate who is disqualified from being a candidate under IC 3-8-1-5 must file a notice of withdrawal immediately upon becoming disqualified. IC 3-8-8-7 and the filing requirements of subsection (a) do not apply to a notice of withdrawal filed under this subsection.
(c) A candidate who has moved fromthe election district the candidate sought to represent must file a notice of withdrawal immediately after changing the candidate’s residence. IC 3-8-8-7 and the filing requirements of subsection (a) do not apply to a notice of withdrawal filed under this subsection.
[Pre-1986 Recodification Citation: 3-1-11-9.]
As added by P.L.5-1986, SEC.4. Amended by P.L.3-1987, SEC.137; P.L.4-1991, SEC.42; P.L.14-2004, SEC.69; P.L.194-2013, SEC.31; P.L.169-2015, SEC.68; P.L.216-2015, SEC.8.

IC 3-8-7-29 Candidates moving out of district or disqualified without withdrawal of candidacy; procedure
Sec. 29. (a) This section applies:
(1) if a person:
(A) has been certified as a candidate in a certificate of nomination filed under this chapter;
(B) moves from the election district that the person sought to represent following the filing of the certificate of nomination;
(C) does not file a notice of withdrawal of candidacy under section 28 of this chapter; and
(D) is no longer an active candidate; or
(2) if a person is disqualified from being a candidate under IC 3-8-1-5.
(b) The county chairman of any political party on the ballot in the election district or a candidate for the office sought by the person described in subsection (a) may, upon determining that this section applies, file an action in the circuit court, superior court, or probate court in the county where the person described in subsection (a) resided. The complaint in this action must:
(1) state that this section applies to the person; and
(2) name the person described in subsection (a) and the public official responsible for placing that person’s name on the ballot as defendants.
(c) When a complaint is filed under subsection (b), the circuit court, superior court, or probate court shall conduct a hearing and rule on the petition within ten (10) days after it is filed.
(d) If the court finds in favor of the plaintiff, a candidate vacancy occurs on the:
(1) general election ballot; and
(2) primary election ballot if no other person is:
(A) a member of the same political party as the person described in subsection (a); and
(B) a candidate on the ballot for the office sought by the person described in subsection (a).
(e) The candidate vacancy shall be filled under IC 3-13-1 or IC 3-13-2.
As added by P.L.3-1987, SEC.138. Amended by P.L.4-1991, SEC.43; P.L.84-2016, SEC.9.

IC 3-8-7-30 Write-in candidates
Sec. 30. (a) Not later than noon on the date specified under section 16 of this chapter, the election division shall certify to each county election board:
(1) the name of each individual who filed a declaration of intent to be a write-in candidate with the election division; and
(2) any political party that the individual is affiliated with, or whether the individual is an independent candidate.
(b) This subsection applies to a county that does not use a central location to tally ballot card votes. The circuit court clerk shall provide a copy of the certification under this section to the inspector of each precinct, with instructions concerning the counting of write-in votes for declared write-in candidates.
As added by P.L.10-1992, SEC.14. Amended by P.L.3-1993, SEC.80; P.L.3-1997, SEC.168; P.L.14-2004, SEC.70; P.L.169-2015, SEC.69.

IC 3-8-8 Chapter 8. Removal of Name From Ballot of a Candidate for Legislative or State Office at General Election for Disqualification or Withdrawal

IC 3-8-8-1 Application
Sec. 1. (a) This chapter applies only to a candidate for election to any of the following:
(1) A legislative office.
(2) A state office other than a judicial office.
(b) This chapter applies notwithstanding any other law relating to challenges to the qualifications of a candidate to be elected at a general election.
As added by P.L.230-2005, SEC.32.

IC 3-8-8-2 Limitations on challenge
Sec. 2. A candidate may not be challenged under this chapter if all of the following apply:
(1) The candidate’s qualification was previously challenged under this chapter or other applicable law.
(2) This challenge would be based on substantially the same grounds as the previous challenge to the candidate.
(3) The commission conducted a hearing on the challenge and made a final determination in favor of the candidate.
As added by P.L.230-2005, SEC.32.

IC 3-8-8-3 Challenge by registered voter
Sec. 3. (a) An individual who challenges the qualification of a candidate for election to an office must be a registered voter of the election district the candidate seeks to represent.
(b) A challenge under this chapter must be filed with the election division not later than noon seventy-four (74) days before the date of the general election at which a candidate to the office is to be elected.
(c) The challenger must file a sworn statement, signed before a person authorized to administer oaths, with the election division:
(1) questioning the qualification of a candidate to seek the office; and
(2) setting forth the facts known to the voter concerning this question.
As added by P.L.230-2005, SEC.32. Amended by P.L.66-2010, SEC.7; P.L.278-2019, SEC.31.

IC 3-8-8-4 Commission duties after challenger’s sworn statement filed
Sec. 4. The commission shall do the following not later than three (3) business days after the challenger’s sworn statement is filed under section 3 of this chapter:
(1) Meet to hear the challenge.
(2) Conclude the hearing.
As added by P.L.230-2005, SEC.32.

IC 3-8-8-5 Commission duties after conclusion of hearing
Sec. 5. (a) Not later than one (1) business day after concluding the hearing, the commission shall announce its determination on the matter.
(b) If the commission does not announce a determination on the matter as provided in subsection (a), the commission is considered to have:
(1) dismissed the challenge; and
(2) taken final action on the challenge.
As added by P.L.230-2005, SEC.32.

IC 3-8-8-6 Appeals
Sec. 6. The candidate or the challenger may appeal any final action:
(1) that the commission has taken; or
(2) that the commission is considered to have taken under section 5 of this chapter; to the court of appeals for errors of law under the same terms, conditions, and standards that govern appeals in ordinary civil actions. An assignment of errors that the commission’s final action is contrary to law is sufficient to present both the sufficiency of the facts found to sustain the commission’s action and the sufficiency of the evidence to sustain the finding of facts upon which the commission’s action was rendered.
As added by P.L.230-2005, SEC.32.

IC 3-8-8-7 Removal prohibited within 30 days of general election
Sec. 7. (a) Regardless of the status of a challenge before the commission or the court of appeals, at noon sixty (60) days before the general election the following apply:
(1) The challenge is terminated.
(2) The name of the challenged candidate may not be removed from the ballot.
(3) The name of another individual may not replace the name of the challenged candidate on the ballot.
(4) Any votes cast for the challenged candidate shall be canvassed, counted, and reported under the name of the challenged candidate.
(b) All of the following apply if a candidate attempts to withdraw as a candidate after noon sixty (60) days before the general election:
(1) The name of the candidate may not be removed from the ballot.
(2) The name of another individual may not replace the name of the candidate on the ballot.
(3) Any votes cast for the candidate shall be canvassed, counted, and reported under the name of the candidate.
As added by P.L.230-2005, SEC.32. Amended by P.L.66-2010, SEC.8.

IC 3-8-8-8 Challenged candidate not removed from ballot receiving majority of votes
Sec. 8. (a) This section applies if a candidate whose name remains on the ballot under section 7 of this chapter receives the most votes in the general election among all candidates for the office.
(b) If, after the election, it is determined as provided by law that the individual was not qualified to be elected to the office, it shall be considered that:
(1) an eligible candidate of the same political party, if any, as the ineligible candidate had been elected; and
(2) a vacancy in the office occurred after the election.
(c) The vacancy in the office shall be filled as otherwise provided by law.
As added by P.L.230-2005, SEC.32.

IC 3-8-9 Chapter 9. Statements of Economic Interests for Local and School Board Offices

IC 3-8-9-1 Application of chapter
Sec. 1. This chapter applies only to candidates for local or school board offices.
As added by P.L.90-2012, SEC.3; Amended by P.L.278-2019, SEC.32.

IC 3-8-9-2 “Filer”
Sec. 2. As used in this chapter, “filer” refers to an individual who files a statement of economic interests under this chapter.
As added by P.L.90-2012, SEC.3.

IC 3-8-9-3 “Statement”
Sec. 3. As used in this chapter, “statement” refers to the statement of economic interests required to be filed under this chapter.
As added by P.L.90-2012, SEC.3.

IC 3-8-9-4 Written statement of economic interests for certain candidates; filing
Sec. 4. (a) This section does not apply to a candidate for either of the following:
(1) Judge of a circuit, superior, city, town, probate, or small claims court.
(2) Prosecuting attorney of a judicial circuit.
(b) A candidate for a local office or school board office shall file a written statement of economic interests as provided in this chapter.
As added by P.L.90-2012, SEC.3. Amended by P.L.76-2014, SEC.24; P.L.278-2019, SEC.33.

IC 3-8-9-5 Statement filing requirements
Sec. 5. An individual required to file a statement under section 4 of this chapter shall file the statement as follows:
(1) With the individual’s:
(A) declaration of candidacy under IC 3-8-2 or IC 3-8-5;
(B) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an office described in IC 3-8-2-5 in a county with a separate board of registration under IC 3-7-12 after certification by the board of registration;
(C) petition of nomination under IC 3-8-2.5 or IC 3-8-6 for an office described in IC 3-8-2-5 in a county that does not have a separate board of registration under IC 3-7-12;
(D) petition of nomination under IC 3-8-6 for an office described in IC 3-8-2-5 after certification by the county voter registration office;
(E) certificate of nomination under IC 3-10-2-15 or IC 3-10-6-12;
(F) statement consenting to be a replacement candidate under IC 3-8-6-17;
(G) declaration of intent to be a write-in candidate under IC 3-8-2-2.5; or
(H) certificate of candidate selection under IC 3-13-1 or IC 3-13-2.
(2) When the individual assumes a vacant elected office under IC 3-13-7, IC 3-13-8, IC 3-13-9, IC 3-13-10, IC 3-13-11, or IC 20-23-4-30. A statement filed under this subdivision must be filed not later than noon sixty (60) days after the individual assumes the elected office.
As added by P.L.90-2012, SEC.3. Amended by P.L.194-2013, SEC.32; P.L.76-2014, SEC.25; P.L.74-2017, SEC.31; P.L.278-2019, SEC.34.

IC 3-8-9-6 Circuit court clerk to reject documents not including statement
Sec. 6. The circuit court clerk shall reject a declaration of candidacy, petition of nomination, declaration of intent to be a write-in candidate, or certificate of candidate selection that does not include the statement.
As added by P.L.90-2012, SEC.3.

IC 3-8-9-7 Statement under affirmation required
Sec. 7. A statement must be made under affirmation.
As added by P.L.90-2012, SEC.3.

IC 3-8-9-8 Contents of statement; information for preceding calendar year
Sec. 8. A statement must set forth the following information for the preceding calendar year:
(1) The following information for each employer of the filer and each employer of the filer’s spouse:
(A) The name of the employer.
(B) The nature of the employer’s business.
For purposes of this subdivision, “employer” means any person from whom the filer or the filer’s spouse received more than thirty-three percent (33%) of the filer’s or the filer’s spouse’s income.
(2) The following information about any sole proprietorship owned or professional practice operated by the filer:
(A) The name of the sole proprietorship or professional practice.
(B) The nature of the business of the sole proprietorship or professional practice.
(3) The name of any partnership or limited liability company in which the filer or the filer’s spouse is a member and the nature of the business of the partnership or limited liability company.
(4) The name of a corporation (other than a church) of which the filer or the filer’s spouse is an officer or a director and the nature of the corporation’s business.
As added by P.L.90-2012, SEC.3.

IC 3-8-9-9 Election division to prescribe form of statement
Sec. 9. The election division shall prescribe the form of the statement.
As added by P.L.90-2012, SEC.3. Amended by P.L.169-2015, SEC.70.

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Title IC 3 – Article 9 – Campaign Committees

IC 3-9-1 Chapter 1. Campaign Committees

IC 3-9-1-1 Application of chapter
Sec. 1. (a) Except as provided in subsection (b), this chapter applies to candidates in all elections and caucuses and to the following types of committees:
(1) Candidate’s committees.
(2) Regular party committees.
(3) Political action committees.
(4) Legislative caucus committees.
(b) This chapter does not apply to the following:
(1) A candidate for a local office for which the compensation is less than five thousand dollars ($5,000) per year unless the candidate is required to file a written instrument designating a principal committee under section 5.5 of this chapter.
(2) A candidate for school board office unless the candidate is required to file a written instrument designating a principal committee under section 5.5 of this chapter.
(3) Elections for precinct committeeman or delegate to a state convention.
(4) An auxiliary party organization. [Pre-1986 Recodification Citation: 3-4-1-1 part.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.139; P.L.4-1991, SEC.44; P.L.3-1993, SEC.81; P.L.3-1995, SEC.63; P.L.3-1997, SEC.169; P.L.26-2000, SEC.8.

IC 3-9-1-1.5 Statement of organization
Sec. 1.5. (a) This section does not apply to a national committee of a political party.
(b) For purposes of determining the deadline for filing a statement of organization under section 3 of this chapter, a committee becomes a regular party committee when the committee accepts contributions or makes expenditures during a calendar year:
(1) to influence the election of a candidate for state, legislative, or local office; and
(2) that total more than one hundred dollars ($100).
As added by P.L.9-2004, SEC.12. Amended by P.L.164-2006, SEC.60.

IC 3-9-1-2 Chairman and treasurer
Sec. 2. Each committee must have a chairman and a treasurer who are ex officio members of the committee. A person may not make an expenditure or accept a contribution for or on behalf of a committee without the authorization of its chairman or treasurer.
[Pre-1986 Recodification Citation: 3-4-2-1.]
As added by P.L.5-1986, SEC.5.

IC 3-9-1-3 Statement of organization; filing
Sec. 3. Each committee must file a statement of organization not later than noon ten (10) days after it becomes a committee.
[Pre-1986 Recodification Citation: 3-4-2-2.]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.62; P.L.2-1996, SEC.93; P.L.3-1997, SEC.170; P.L.126-2002, SEC.32.

IC 3-9-1-4 Statement of organization; content
Sec. 4. A committee must include in its statement of organization the following:
(1) The name and address of the committee.
(2) The purpose for which the committee is formed, unless the committee is a candidate’s committee that identifies a specific office sought by the candidate.
(3) The name and address of the chairman and treasurer.
(4) If applicable, the name, address, office sought, and political party affiliation or independent status of each candidate whom the committee is supporting.
(5) If the committee is a legislative caucus committee, political action committee, or regular party committee and is supporting the entire ticket of a political party, the name of the party.
(6) If the committee is a political action committee supporting or opposing a public question, a brief statement of the question supported or opposed.
(7) A listing of all banks, safety deposit boxes, and other depositories used.
(8) Other information prescribed by the election division under IC 3-6-4.2-12(8). [Pre-1986 Recodification Citation: 3-4-2-3.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1993, SEC.82; P.L.3-1997, SEC.171; P.L.176-1999, SEC.37; P.L.169-2015, SEC.71.

IC 3-9-1-5 Principal committee; designation by written instrument
Sec. 5. (a) This section does not apply to the following candidates:
(1) A candidate for a local office for which the compensation is less than five thousand dollars ($5,000) per year.
(2) A candidate for a school board office.
(b) Each candidate shall have a principal committee.
(c) A candidate shall file a written instrument designating the name of the principal committee and the names of the chairman and treasurer of the committee. The written instrument must be filed not later than the earliest of the following:
(1) Noon ten (10) days after becoming a candidate.
(2) Noon seven (7) days after the final date and hour for filing any of the following, whichever applies to the candidate:
(A) A declaration of candidacy under IC 3-8-2.
(B) A petition of nomination under IC 3-8-6.
(C) A certificate of nomination under IC 3-8-7-8.
(D) A certificate of candidate selection under IC 3-13-1 or IC 3-13-2.
(E) A declaration of intent to be a write-in candidate under IC 3-8-2.
(3) The date a candidate is required to file the candidate’s first campaign finance report under IC 3-9-5.
(d) This designation may be made on the same instrument as the statement of organization required from the principal committee.
[Pre-1986 Recodification Citation: 3-4-2-4(a).]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.140; P.L.10-1988, SEC.63; P.L.8-1992, SEC.6; P.L.3-1995, SEC.64; P.L.26-2000, SEC.9; P.L.199-2001, SEC.16.

IC 3-9-1-5.5 Principal committee; candidates for school board or certain local offices; designation by written instrument
Sec. 5.5. (a) This section applies to the following candidates:
(1) A candidate for a local office for which the compensation is less than five thousand dollars ($5,000) per year.
(2) A candidate for a school board office.
(b) A candidate shall have a principal committee.
(c) Not later than noon ten (10) days after either:
(1) the candidate receives more than five hundred dollars ($500) in contributions; or
(2) the candidate makes more than five hundred dollars ($500) in expenditures; whichever occurs first, the candidate shall file a written instrument designating the name of the principal committee and the names of the chairman and treasurer of the committee.
(d) This designation may be made on the same instrument as the statement of organization required from the principal committee.
As added by P.L.26-2000, SEC.10.

IC 3-9-1-6 Failure to file written instrument; designation of committee
Sec. 6. If a candidate fails to file the instrument required by section 5 or 5.5 of this chapter, the candidate’s principal committee is designated as “the (insert the name of the candidate) for _ (insert the title of the office sought by the candidate) committee”. The candidate is then both chairman and treasurer of the committee.
[Pre-1986 Recodification Citation: 3-4-2-4(b).]
As added by P.L.5-1986, SEC.5. Amended by P.L.26-2000, SEC.11.

IC 3-9-1-7 Candidate as chairman or treasurer
Sec. 7. A candidate may be chairman, treasurer, or both chairman and treasurer of the candidate’s committee.
[Pre-1986 Recodification Citation: 3-4-2-5.]
As added by P.L.5-1986, SEC.5.

IC 3-9-1-8 Candidate as ex officio member
Sec. 8. A candidate is an ex officio member of the candidate’s committee. [Pre-1986 Recodification Citation: 3-4-2-6.]
As added by P.L.5-1986, SEC.5.

IC 3-9-1-9 Repealed
[Pre-1986 Recodification Citation: 3-4-2-7.]
As added by P.L.5-1986, SEC.5. Amended by P.L.4-1991, SEC.45. Repealed by P.L.3-1993, SEC.281.

IC 3-9-1-10 Report of change in information
Sec. 10. A committee shall report any change in information previously submitted in a statement of organization within ten (10) days following the change.
[Pre-1986 Recodification Citation: 3-4-2-8.]
As added by P.L.5-1986, SEC.5.

IC 3-9-1-11 Repealed
[Pre-1986 Recodification Citation: 3-4-2-9.]
As added by P.L.5-1986, SEC.5. Repealed by P.L.4-1991, SEC.147.

IC 3-9-1-12 Dissolution of committee
Sec. 12. (a) A committee may disband at any time in the manner prescribed by this section.
(b) The commission or a county election board may administratively disband a committee in the manner prescribed by this section.
(c) The commission has exclusive jurisdiction to disband any of the following:
(1) A candidate’s committee for state office.
(2) A candidate’s committee for legislative office.
(3) A legislative caucus committee.
(4) A political action committee that has filed a statement or report with the election division.
(5) A regular party committee that has filed a statement or report with the election division.
(d) A county election board has exclusive jurisdiction to disband any of the following:
(1) A candidate’s committee for a local office.
(2) A candidate’s committee for a school board office.
(3) A political action committee that has filed a statement or report with the election board, unless the political action committee has also filed a report with the election division.
(4) A regular party committee that has filed a statement or report with the election board, unless the regular party committee has also filed a report with the election division.
(e) The commission or a county election board may administratively disband a committee in the following manner:
(1) Not later than the last Friday of January of each year, the election division or county election board shall review the list of committees that have filed statements of organization with the division or board under this article.
(2) If the election division or county election board determines both of the following, the election division or county election board may begin a proceeding before the commission or board to administratively disband the committee:
(A) The committee has not filed any report of expenditures during the previous three
(3) calendar years.
(B) The committee last reported cash on hand in an amount that does not exceed one thousand dollars ($1,000), if the committee filed a report under this article.
(3) The election division or county election board shall provide notice of the proceeding by certified mail to the last known address of the chairman and treasurer of the committee.
(4) The commission or board may issue an order administratively dissolving the committee if the commission or board makes the following findings:
(A) There is no evidence that the committee continues to receive contributions, make expenditures, or otherwise function as a committee.
(B) According to the best evidence available to the commission or board, the dissolution of the committee will not impair any contract or impede the collection of a debt or judgment by any person.
(5) If the commission or board:
(A) administratively dissolves a committee under subdivision (4); and
(B) finds that the prudent use of public resources makes further efforts to collect any outstanding civil penalty imposed against the committee wasteful or unjust;
the commission or board may also waive the outstanding civil penalty previously imposed by the commission or board against the committee.
(6) The election division shall arrange for the publication in the Indiana Register of an order administratively disbanding a committee. A county election board shall publish a notice under IC 5-3-1 stating that the board has disbanded a committee under this subsection. The notice must state the date of the order and the name of the committee, but the board is not required to publish the text of the order.
(7) An order issued under this subsection takes effect immediately upon its adoption, unless otherwise specified in the order.
(f) If the chairman or treasurer of a committee wishes to disband the committee, the committee must do either of the following:
(1) Give written notification of the dissolution and transfer a surplus of contributions less expenditures to any one (1) or a combination of the following:
(A) One (1) or more regular party committees.
(B) One (1) or more candidate’s committees.
(C) The election division.
(D) An organization exempt from federal income taxation under Section 501 of the Internal Revenue Code.
(E) Contributors to the committee, on a pro rata basis.
(2) Use the surplus in any other manner permitted under IC 3-9-3-4.
(g) Except as provided in subsection (e) concerning the waiver of civil penalties, a dissolution or transfer of funds does not relieve the committee or the committee’s members from any:
(1) civil liability, including the liability of the committee’s chairman or treasurer for the payment of any debts incurred by or on behalf of the committee; or
(2) criminal liability.
[Pre-1986 Recodification Citation: 3-4-2-10.]
As added by P.L.5-1986, SEC.5. Amended by P.L.13-1987, SEC.1; P.L.8-1992, SEC.7; P.L.3-1993, SEC.83; P.L.2-1996, SEC.94; P.L.3-1997, SEC.172; P.L.176-1999, SEC.38; P.L.126-2002, SEC.33; P.L.225-2011, SEC.41.

IC 3-9-1-13 Treasurer of committee; qualifications
Sec. 13. A treasurer of a committee:
(1) must be a United States citizen;
(2) may not be the chairman of a committee except in the case of a candidate under section 7 of this chapter;
(3) must be appointed treasurer in writing as required by section 14 of this chapter; and
(4) must file the written instrument of appointment as required by section 15 of this chapter.
[Pre-1986 Recodification Citation: 3-4-2-14.]
As added by P.L.5-1986, SEC.5. Amended by P.L.8-1992, SEC.8.

IC 3-9-1-14 Appointment or designation of treasurer
Sec. 14. The chairman of a committee shall appoint or designate the treasurer of the committee in a written instrument.
[Pre-1986 Recodification Citation: 3-4-2-11.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1995, SEC.65.

IC 3-9-1-15 Filing notice of appointment or designation
Sec. 15. The treasurer of a committee shall file a notice of the treasurer’s written appointment or designation with the election division or the county election board, as required by IC 3-9-5-2, IC 3-9-5-3, or IC 3-9-5-4.
[Pre-1986 Recodification Citation: 3-4-2-12.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.141; P.L.10-1988, SEC.64; P.L.2-1996, SEC.95; P.L.3-1997, SEC.173.

IC 3-9-1-16 Repealed
[Pre-1986 Recodification Citation: 3-4-2-13 part.]
As added by P.L.5-1986, SEC.5. Repealed by P.L.8-1992, SEC.43.

IC 3-9-1-17 Repealed
[Pre-1986 Recodification Citation: 3-4-2-13 part.]
As added by P.L.5-1986, SEC.5. Repealed by P.L.8-1992, SEC.43.

IC 3-9-1-18 Treasurer serving on more than one committee
Sec. 18. A treasurer of one committee may be the treasurer of another committee unless the treasurer is a candidate.
[Pre-1986 Recodification Citation: 3-4-2-15.]
As added by P.L.5-1986, SEC.5.

IC 3-9-1-19 Removal of chairman or treasurer
Sec. 19. (a) A committee may remove a person appointed or designated chairman or treasurer by the committee without assigning a cause. The committee may also appoint or designate the successor of the removed chairman or treasurer.
(b) Upon removal, the treasurer shall immediately account for and turn over to the treasurer’s successor in office the value then in the treasurer’s possession.
[Pre-1986 Recodification Citation: 3-4-2-16.]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.65; P.L.4-1991, SEC.46; P.L.3-1993, SEC.84.

IC 3-9-1-20 All money or property to be handled by treasurer
Sec. 20. All money or other property collected or received by a committee or by a member of it for a political purpose shall be paid over to and made to pass through the hands of the treasurer of the committee. Similarly, all money or other property must be disbursed by the treasurer.
[Pre-1986 Recodification Citation: 3-4-2-17.]
As added by P.L.5-1986, SEC.5.

IC 3-9-1-21 Expenditure or disbursement of money; approval of committee
Sec. 21. The treasurer of a committee may not expend or disburse money or other property or incur any liability except by the authority and subject to the direction of the
committee for which the treasurer is acting. [Pre-1986 Recodification Citation: 3-4-2-18.]
As added by P.L.5-1986, SEC.5.

IC 3-9-1-22 Vouchers for disbursements
Sec. 22. Disbursements may be made by a voucher drawn by the chairman of a committee on the treasurer and presented to the treasurer for payment. The voucher must show the specific purpose for which the money is being expended.
[Pre-1986 Recodification Citation: 3-4-2-19.]
As added by P.L.5-1986, SEC.5.

IC 3-9-1-23 Accounts and records
Sec. 23. The treasurer of a committee shall keep a detailed and exact account of the information required to be reported under this article.
[Pre-1986 Recodification Citation: 3-4-2-20.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1997, SEC.174.

IC 3-9-1-24 Preservation of receipted bills and checks
Sec. 24. (a) The treasurer of a committee shall obtain and keep receipted bills, cancelled checks, or other proof of payment, stating the particulars for each expenditure made by or on behalf of a committee:
(1) of more than twenty-five dollars ($25); and
(2) for a smaller amount, if the aggregate amount of the expenditures to the same person during a year exceeds twenty-five dollars ($25).
(b) The treasurer shall preserve all receipted bills and accounts required to be kept by this section for:
(1) three (3) years; or
(2) one (1) year after the date of dissolution of the committee; whichever occurs first.
[Pre-1986 Recodification Citation: 3-4-2-21.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.142.

IC 3-9-1-25 Solicitation and receipt of contributions by member
Sec. 25. (a) A member of a committee that has appointed a treasurer in accordance with this chapter may solicit or receive contributions as long as the member immediately turns over the contributions without diminution to the treasurer of the committee, to be disbursed and accounted for by the treasurer as provided by this article. The treasurer shall show, in the treasurer’s account and statement and in addition to the requirements of IC 3-9-5, through what member of the committee any contributions were received.
(b) A contribution is considered to be received and accepted by a committee when any member of the committee:
(1) has physical possession of the contribution; and
(2) manifests an intent to keep the contribution by depositing the contribution, subject to IC 3-9-5-14(c).
[Pre-1986 Recodification Citation: 3-4-2-22.]
As added by P.L.5-1986, SEC.5. Amended by P.L.176-1999, SEC.39.

IC 3-9-1-25.5 Calendar year in which contribution made
Sec. 25.5. For purposes of this article, a person makes a contribution during the calendar year in which the person relinquishes control over the contribution by:
(1) depositing the contribution in the United States mail; or
(2) transferring the contribution to any other person who has been directed to convey the contribution to the person intended to be the recipient of the contribution.
As added by P.L.176-1999, SEC.40.

IC 3-9-1-26 Other persons receiving or disbursing funds; requirements and obligations
Sec. 26. A person, except a person authorized by the treasurer of a committee and a member of a committee, who receives or disburses money for a political purpose is subject to all the requirements, obligations, and penalties to which the treasurer of a committee is subject.
[Pre-1986 Recodification Citation: 3-4-2-25.]
As added by P.L.5-1986, SEC.5.

IC 3-9-2 Chapter 2. Campaign Contributions

IC 3-9-2-1 Application of chapter
Sec. 1. (a) Except as provided in subsections (b) and (c), this chapter applies to candidates in all elections and caucuses and to the following types of committees:
(1) Candidate’s committees.
(2) Regular party committees.
(3) Political action committees.
(4) A legislative caucus committee.
(b) Sections 2 through 10 of this chapter do not apply to elections for precinct committeeman or delegate to a state convention.
(c) Section 9 of this chapter applies to a candidate only if the candidate is required to file a written instrument designating a principal committee under IC 3-9-1-5 or IC 3-9-1-5.5.
(d) Sections 9 and 10 of this chapter apply to an auxiliary party organization. [Pre-1986 Recodification Citation: 3-4-1-1 part.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.143; P.L.3-1993, SEC.85; P.L.3-1995, SEC.66; P.L.3-1997, SEC.175; P.L.26-2000, SEC.12.

IC 3-9-2-2 Candidates
Sec. 2. Except as otherwise provided in this article, a candidate may make a voluntary payment of money to a treasurer of a committee for a purpose permitted by this article.
[Pre-1986 Recodification Citation: 3-4-3-1.]
As added by P.L.5-1986, SEC.5.

IC 3-9-2-3 Corporations, labor organizations, and national banks
Sec. 3. (a) Notwithstanding IC 23-0.5-8-2 or any other statute, a corporation or labor organization may make a contribution to aid in the:
(1) election or defeat of a candidate; or
(2) the success or defeat of:
(A) a political party; or
(B) a public question submitted to a vote in an election.
(b) Contributions by a corporation or labor organization are limited to those authorized by sections 4, 5, and 6 of this chapter.
(c) A national bank or a corporation organized by authority of any law of Congress must comply with contribution restrictions applicable to Indiana elections under 52 U.S.C. 30118.
As added by P.L.5-1986, SEC.5. Amended by P.L.11-1987, SEC.3; P.L.7-1990, SEC.29; P.L.14-1992, SEC.1; P.L.3-1997, SEC.176; P.L.128-2015, SEC.145; P.L.118-2017, SEC.1.

IC 3-9-2-4 Corporations or labor organizations; limitation on contributions
Sec. 4. During a year a corporation or labor organization may not make total contributions in excess of:
(1) an aggregate of five thousand dollars ($5,000) apportioned in any manner among all candidates for state offices (including a judge of the court of appeals whose retention in office is voted on by a district that does not include all of Indiana);
(2) an aggregate of five thousand dollars ($5,000) apportioned in any manner among all state committees of political parties;
(3) an aggregate of two thousand dollars ($2,000) apportioned in any manner among all candidates for the senate of the general assembly;
(4) an aggregate of two thousand dollars ($2,000) apportioned in any manner among all candidates for the house of representatives of the general assembly;
(5) an aggregate of two thousand dollars ($2,000) apportioned in any manner among regular party committees organized by a legislative caucus of the senate of the general assembly;
(6) an aggregate of two thousand dollars ($2,000) apportioned in any manner among regular party committees organized by a legislative caucus of the house of representatives of the general assembly;
(7) an aggregate of two thousand dollars ($2,000) apportioned in any manner among all candidates for school board offices and local offices; and
(8) an aggregate of two thousand dollars ($2,000) apportioned in any manner among all central committees other than state committees.
[Pre-1986 Recodification Citation: 3-4-3-3(a) part.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.144; P.L.10-1988, SEC.66.

IC 3-9-2-5 Contributions or donations to specific candidate or committee
Sec. 5. (a) A contribution:
(1) authorized under subsection (c) or section 4 of this chapter;
(2) to a committee by a corporation or labor organization; and
(3) designated by that corporation or labor organization for disbursement to a specific candidate, central committee, or other regular party committee;
is subject to the limitations in section 4 of this chapter.
(b) A corporation or labor organization may make a donation to cover any amount of administrative costs (as described in IC 3-5-2-15(e)) to a political action committee established and controlled by the corporation or labor organization. A donation made under this subsection is not considered a contribution or an expenditure by the corporation or labor organization.
(c) A corporation or labor organization may make a contribution to a political action committee if the contribution:
(1) does not exceed any of the limits prescribed under section 4 of this chapter; and
(2) is designated for disbursement to a specific candidate or committee listed under section 4 of this chapter.
[Pre-1986 Recodification Citation: 3-4-3-3(b).]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.67; P.L.3-1995, SEC.67; P.L.8-1995, SEC.36; P.L.2-1996, SEC.96; P.L.3-1997, SEC.177.

IC 3-9-2-6 Exceptions
Sec. 6. Sections 4 and 5 of this chapter do not apply to the following:
(1) Nonpartisan registration and get-out-the-vote campaigns:
(A) by a corporation aimed at its stockholders and employees; or
(B) by a trade association or labor organization aimed at its members.
(2) A contribution or transfer by an incorporated nonpartisan political action committee to any other committee.
(3) A contribution supporting or opposing the approval of a public question submitted to the electorate of the entire state or a local public question.
[Pre-1986 Recodification Citation: 3-4-3-3(d).]
As added by P.L.5-1986, SEC.5. Amended by P.L.7-1990, SEC.30.

IC 3-9-2-7 Election contest expenses
Sec. 7. This article does not limit or affect the right of a person to expend money for proper legal expenses in maintaining or contesting the result of an election.
[Pre-1986 Recodification Citation: 3-4-3-4.]
As added by P.L.5-1986, SEC.5.

IC 3-9-2-8 Contributions from national committee
Sec. 8. A central committee may accept contributions from the national committee or the national congressional committee of a political party to be expended for purposes authorized by this article.
[Pre-1986 Recodification Citation: 3-4-3-5.]
As added by P.L.5-1986, SEC.5.

IC 3-9-2-9 Transfer of contributions to treasurer; segregation of funds
Sec. 9. (a) Each person who accepts a contribution for a committee shall, on demand of the treasurer of the committee, and in any case within thirty (30) days after receipt of the contribution, transfer to the treasurer the actual contribution if it is money or a detailed account if it is other than money.
(b) The transfer must include the actual monetary value and the information about the contribution required to be reported by the treasurer under IC 3-9-5-14.
(c) This subsection applies to a committee that accepts contributions or makes expenditures in an aggregate amount of more than two hundred dollars ($200) in a year. All funds of a committee must be segregated from, and may not be commingled with, the personal funds of officers, members, or associates of the committee.
[Pre-1986 Recodification Citation: 3-4-3-7.]
As added by P.L.5-1986, SEC.5. Amended by P.L.7-1990, SEC.31; P.L.3-1997, SEC.178.

IC 3-9-2-10 Solicitation of funds; notice
Sec. 10. An individual, an organization, or a committee shall include in all literature and advertisements soliciting contributions:
(1) the notice required under IC 3-9-3-2.5; and
(2) any notice required under Section 6113 of the Internal Revenue Code (26 U.S.C. 6113).
[Pre-1986 Recodification Citation: 3-4-3-8.]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.68; P.L.5-1989, SEC.29; P.L.3-1997, SEC.179.

IC 3-9-2-11 Foreign nationals
Sec. 11. A foreign national (as defined in 52 U.S.C. 30121(b)) may not make a contribution in connection with:
(1) an election;
(2) a convention; or
(3) a caucus in which a candidate is selected; under this title.
As added by P.L.3-1995, SEC.68. Amended by P.L.128-2015, SEC.146.

IC 3-9-2-12 Fundraising or soliciting or accepting contributions by legislative or state candidates during 1st session of General Assembly prohibited; exception
Sec. 12. (a) This section does not apply to:
(1) a member of the general assembly; or
(2) a candidate’s committee of a member of the general assembly;
with respect to an office other than a legislative office or a state office to which the member seeks election.
(b) As used in this section, “affected person” refers to any of the following:
(1) An individual who holds a legislative office.
(2) A candidate for a legislative office.
(3) An individual who holds a state office.
(4) A candidate for a state office.
(c) As used in this section, “prohibited period” means the period:
(1) beginning on the day in January in each odd-numbered year the general assembly reconvenes under IC 2-2.1-1-2; and
(2) through the day the general assembly adjourns sine die in an odd-numbered year under IC 2-2.1-1-2.
(d) During the prohibited period, an affected person, an affected person’s candidate’s committee, and a legislative caucus committee may not do any of the following:
(1) Solicit campaign contributions.
(2) Accept campaign contributions.
(3) Conduct other fundraising activities. This subdivision does not prohibit an affected person from participating in party activities conducted by a regular party committee.
As added by P.L.3-1997, SEC.180. Amended by P.L.58-2010, SEC.31.

IC 3-9-2-13 Repealed
As added by P.L.3-1997, SEC.181. Amended by P.L.176-1999, SEC.41. Repealed by P.L.100-2012, SEC.1.

IC 3-9-3 Chapter 3. Campaign Expenses

IC 3-9-3-1 Applicability of chapter
Sec. 1. (a) Except as provided in subsections (b) and (c), this chapter applies to candidates in all elections and caucuses and to the following types of committees:
(1) Candidate’s committees.
(2) Regular party committees.
(3) Political action committees.
(4) An auxiliary party organization.
(5) A legislative caucus committee.
(b) Section 4 of this chapter does not apply to candidates for federal office.
(c) Section 2.5 of this chapter does not apply to candidates for the following:
(1) Precinct committeeman.
(2) State convention delegate.
[Pre-1986 Recodification Citation: 3-4-1-1 part.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.145; P.L.4-1991, SEC.47; P.L.3-1993, SEC.86; P.L.3-1995, SEC.69; P.L.3-1997, SEC.182; P.L.66-2003, SEC.20.

IC 3-9-3-2 Repealed
[Pre-1986 Recodification Citation: 3-4-4-2(b).]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.69; P.L.5-1989, SEC.30; P.L.4-1991, SEC.48. Repealed by P.L.3-1997, SEC.475.

IC 3-9-3-2.5 Communications advocating election or defeat of or soliciting contributions for clearly identified candidates; disclaimers
Sec. 2.5. (a) This section does not apply to any of the following:
(1) A communication relating to an election to a federal office.
(2) A communication relating to the outcome of a public question.
(3) A communication described by this section in a medium regulated by federal law to the extent that federal law regulates the appearance, content, or placement of the communication in the medium.
(4) Bumper stickers, pins, buttons, pens, and similar small items upon which the disclaimer required by this section cannot be conveniently printed.
(5) Skywriting, water towers, wearing apparel, or other means of displaying an advertisement on which the inclusion of a disclaimer would be impracticable.
(6) Checks, receipts, and similar items of minimal value that do not contain a political message and are used for purely administrative purposes.
(7) A communication by a political action committee organized and controlled by a corporation soliciting contributions to the political action committee by the stockholders, executives, or employees of the corporation and the families of those individuals.
(8) A communication by a political action committee organized and controlled by a labor organization soliciting contributions to the political action committee by the members or executive personnel of the labor organization and the families of those individuals.
(9) A direct mailing of one hundred (100) or less substantially similar pieces of mail.
(b) This section applies whenever a person:
(1) makes an expenditure for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate; or
(2) solicits a contribution;
through a newspaper, a magazine, an outdoor advertising facility, a poster, a yard sign, a direct mailing, or any other type of general public political advertising.
(c) For purposes of this section, a candidate is clearly identified if any of the following apply:
(1) The name of the candidate involved appears.
(2) A photograph or drawing of the candidate appears.
(3) The identity of the candidate is apparent by unambiguous reference.
(d) A communication described in subsection (b) must contain a disclaimer that appears and is presented in a clear and conspicuous manner to give the reader or observer adequate notice of the identity of persons who paid for and, when required, who authorized the communication. A disclaimer does not comply with this section if the disclaimer is difficult to read or if the placement of the disclaimer is easily overlooked.
(e) In addition to meeting the requirements of subsection (d), a disclaimer that appears on a printed communication described in subsection (b) must comply with the following:
(1) The disclaimer must be of sufficient type size to be clearly readable by the recipient of the communication. A disclaimer in 12 point type size satisfies the size requirement of this subdivision when the disclaimer is used for a yard sign, a poster, a flyer, a newspaper, a magazine, or a direct mailing.
(2) The disclaimer must be printed with a reasonable degree of color contrast between the background and the printed statement. A disclaimer satisfies the color contrast requirement of this subdivision if:
(A) the disclaimer is printed in black text on a white background; or
(B) the degree of color contrast between the background and the text of the disclaimer is not less than the color contrast between the background and the largest text used in the communication.
Notwithstanding subdivisions (1) and (2), a disclaimer satisfies the requirements of this subsection if the minimum type size of the disclaimer is 7 point and the type color of the disclaimer contrasts with the background color.
(f) Acommunication that would require a disclaimer if distributed separately must contain the required disclaimer if included in a package of materials.
(g) This subsection does not apply to a communication, such as a billboard, that contains only a front face. The disclaimer need not appear on the front or cover page of the communication if the disclaimer appears within the communication.
(h) Except as provided in subsection (i), a communication described in subsection (b) must satisfy one (1) of the following:
(1) If the communication is paid for and authorized by:
(A) a candidate;
(B) an authorized political committee of a candidate; or
(C) the committee’s agents;
the communication must clearly state that the communication has been paid for by the authorized political committee.
(2) If the communication is paid for by other persons but authorized by:
(A) a candidate;
(B) an authorized political committee of a candidate; or
(C) the committee’s agents;
the communication must clearly state that the communication is paid for by the other persons and authorized by the authorized political committee.
(3) If the communication is not authorized by:
(A) a candidate;
(B) an authorized political committee of a candidate; or
(C) the committee’s agents;
the communication must clearly state the name of the person who paid for the communication and state that the communication is not authorized by any candidate or candidate’s committee.
(4) If the communication is a solicitation directed to the general public on behalf of a political committee that is not a candidate’s committee, the solicitation must clearly state the full name of the person who paid for the communication.
(i) A communication by a regular party committee consisting of:
(1) a printed slate card, a sample ballot, or other printed listing of three (3) or more candidates for public office at an election;
(2) campaign materials such as handbills, brochures, posters, party tabloids or newsletters, and yard signs distributed by volunteers and used by the regular party committee in connection with volunteer activities on behalf of any nominee of the party; or
(3) materials distributed by volunteers as part of the regular party’s voter registration or get-out-the-vote efforts;
must clearly state the name of the person who paid for the communication but is not required to state that the communication is authorized by any candidate or committee.
As added by P.L.3-1997, SEC.183. Amended by P.L.38-1999, SEC.31; P.L.176-1999, SEC.42; P.L.225-2011, SEC.42.

IC 3-9-3-3 Repealed
[Pre-1986 Recodification Citation: 3-4-4-3.]
As added by P.L.5-1986, SEC.5. Amended by P.L.5-1989, SEC.31. Repealed by P.L.3-1997, SEC.475.

IC 3-9-3-4 Permitted uses of contributions
Sec. 4. (a) Money received by a candidate or committee as a contribution may be used only:
(1) to defray any expense reasonably related to the person’s or committee’s:
(A) campaign for federal, state, legislative, or local office;
(B) continuing political activity; or
(C) activity related to service in an elected office;
(2) to make an expenditure to any national, state, or local committee of any political party or another candidate’s committee; or
(3) upon dissolution of a committee, in a manner permitted under IC 3-9-1-12.
(b) Money received by a candidate or committee as a contribution may not be used for primarily personal purposes by the candidate or by any other person except as described in subsection (a).
(c) Money received as a contribution may be invested by a committee in an account with a financial institution, savings association, or credit union, or in any equity account. Any loss resulting from an investment under this subsection must be reported as a committee expenditure. Any gain resulting from an investment under this subsection must be reported as income.
As added by P.L.13-1987, SEC.2. Amended by P.L.3-1993, SEC.87; P.L.3-1995, SEC.70; P.L.79-1998, SEC.1.

IC 3-9-3-5 Advertising or campaign material falsely representing candidate as current or former office holder
Sec. 5. (a) This section does not apply to the following:
(1) A communication relating to an election to a federal office.
(2) A person whose sole act is, in the normal course of business, participating in the preparation, printing, distribution, or broadcast of the advertising or material containing the false representation.
(b) As used in this section, “officeholder” refers to a person who holds an elected office.
(c) A person maynot knowingly or intentionally authorize, finance, sponsor, or participate in the preparation, distribution, or broadcast of paid political advertising or campaign material that falsely represents that a candidate in any election is or has been an officeholder. As added by P.L.66-2003, SEC.21.

IC 3-9-4 Chapter 4. Administration by Election Division and County Election Boards

IC 3-9-4-1 Application of chapter
Sec. 1. (a) Except as provided in subsection (b), this chapter applies to candidates in all elections and caucuses and to the following types of committees:
(1) Candidate’s committees.
(2) Regular party committees.
(3) Political action committees.
(4) A legislative caucus committee.
(b) This chapter does not apply to the following:
(1) A candidate for a local office for which the compensation is less than five thousand dollars ($5,000) per year unless the candidate is required to file a written instrument designating a principal committee under IC 3-9-1-5.5.
(2) Elections for precinct committeeman or delegate to a state convention.
(3) A candidate for a school board office unless the candidate is required to file a written instrument designating a principal committee under IC 3-9-1-5.5.
(4) An auxiliary party organization. [Pre-1986 Recodification Citation: 3-4-1-1 part.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.146; P.L.3-1993, SEC.88; P.L.3-1995, SEC.71; P.L.3-1997, SEC.184; P.L.26-2000, SEC.13.

IC 3-9-4-2 Forms
Sec. 2. The election division shall prescribe and furnish forms for making the reports and statements required to be filed under this article.
[Pre-1986 Recodification Citation: 3-4-5-1.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.97; P.L.3-1997, SEC.185; P.L.169-2015, SEC.72.

IC 3-9-4-3 Information manual
Sec. 3. The commission shall prepare, publish, and furnish to candidates and all interested persons on request a manual setting forth recommended uniform methods of bookkeeping and reporting and shall summarize all the requirements of this article. [Pre-1986 Recodification Citation: 3-4-5-2.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.98.

IC 3-9-4-4 Filing and coding system; computer system; provision of software; electronic submission
Sec. 4. (a) The election division shall develop a filing and coding system consistent with the purposes of this article. The election division and each county election board shall use the filing and coding system. The coding system must provide:
(1) not more than ten (10) codes to account for various campaign expenditure items; and
(2) a clear explanation of the kinds of expenditure items that must be accounted for under each code.
(b) The election division shall develop and use a computer system to store campaign finance reports required to be filed under IC 3-9-5-6, IC 3-9-5-10, and IC 3-9-5-20.1. The computer system must enable the election division to do the following:
(1) Identify all candidates or committees that received contributions from a contributor over the past three (3) years.
(2) Identify all contributors to a candidate or committee over the past three (3) years.
(3) Provide for electronic submission, retrieval, storage, and disclosure of campaign finance reports of candidates for the following:
(A) Legislative office.
(B) State office.

The election division shall provide training at no cost to candidates to enable candidates described in this subdivision to file campaign finance reports electronically.
(c) The election division shall notify each candidate’s committee that the election division will provide at the committee’s request at no cost a standardized software program to permit the committee to install the software on a computer and generate an electronic version of the reports and statements required to be filed with the election division under this article. However, the election division is not required to provide or alter the software program to make the program compatible for installation or operation on a specific computer.
(d) This subsection applies to the following committees:
(1) A committee for a candidate seeking election to a state office.
(2) A committee for a candidate seeking election to a legislative office.
(3) A political action committee that has received more than fifty thousand dollars ($50,000) in contributions since the close of the previous reporting period.

The committee must file electronically the report or statement required under this article with the election division using a standardized software program supplied to the committee without charge under subsection (c) or another format approved by the election division. An electronic filing approved by the election division under this subsection may not require manual reentry into a computer system of the data contained in the report or statement in order to make the data available to the general public under subsection (g).
(e) This subsection applies to an electronic submission under subsection (b)(3). An electronic submission must be in a format previously approved by the election division that permits the election division to print out a hard copy of the report after the receipt of the electronic submission from the candidate. Filing of a report occurs under IC 3-5-2-24.5 on the date and at the time electronically recorded by the election division’s computer system. If a discrepancy exists between the text of the electronic submission and the printed report, the text of the printed report prevails until an amendment is filed under this article to correct the discrepancy.
(f) The election division is not required to accept an electronic submission unless the submission complies with subsection (b)(3). Upon receiving approval from the commission, the election division may accept an electronic submission from candidates, committees, or persons described in subsection (b)(3).
(g) The election division shall make campaign finance reports stored on the computer system under subsection (b) available to the general public through an on-line service.
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.99; P.L.4-1996, SEC.33; P.L.3-1997, SEC.186; P.L.176-1999, SEC.43; P.L.126-2002, SEC.34; P.L.45-2003, SEC.1; P.L.221-2005, SEC.19; P.L.164-2006, SEC.61; P.L.169-2015, SEC.73; P.L.91-2019, SEC.1.

IC 3-9-4-5 Reports and statements; public inspection and copying; sale of information copied
Sec. 5. (a) The election division and each county election board shall make the reports and statements filed with them available for public inspection and copying, commencing as soon as practicable but not later than the end of the second business day following the day during which they were received.
(b) The election division and the county election boards shall also permit copying of a report or statement by hand or by duplicating machine, as requested, at the expense of the person and subject to IC 5-14-3-8. Inspection and copying of records contained on the computer system described in section 4(b) of this chapter are subject to IC 5-14-3.
(c) A person may not sell information copied from reports and statements under this section or use it for a commercial purpose. However, this restriction does not apply to a newspaper, magazine, book, or other communication with a principal purpose other than communicating contributor information:
(1) to solicit contributions; or
(2) for other commercial purposes. [Pre-1986 Recodification Citation: 3-4-5-4.]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.70; P.L.8-1992, SEC.9; P.L.2-1996, SEC.100; P.L.4-1996, SEC.34; P.L.3-1997, SEC.187.

IC 3-9-4-6 Preservation of reports and statements
Sec. 6. (a) Except as provided in subsections (b) and (c), the election division and each county election board shall preserve reports and statements for four (4) years from December 1 following the election to which they pertain, unless the records are in litigation.
(b) This subsection applies to reports and statements filed by a person that seeks to influence the election or retention of an individual to an office with a term of more than four
(4) years. The election division and each county election board shall preserve the reports and statements subject to this subsection until the final December 1 before the expiration of the term for the office, unless the records are in litigation.
(c) If a report is a duplicate of a report required to be filed under the federal Election Campaign Act (52 U.S.C. 30101 et seq.), the report may be discarded on January 1 of the second year after the report was filed.
[Pre-1986 Recodification Citation: 3-4-5-5.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1995, SEC.72; P.L.2-1996, SEC.101; P.L.3-1997, SEC.188; P.L.66-2003, SEC.22; P.L.128-2015, SEC.147.

IC 3-9-4-7 List of statements
Sec. 7. The election division and each county election board shall compile and maintain a current list of all statements or parts of statements pertaining to each candidate, committee, and public question.
[Pre-1986 Recodification Citation: 3-4-5-6.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.102; P.L.3-1997, SEC.189.

IC 3-9-4-8 Annual report
Sec. 8. (a) The election division shall prepare and make available to the public an annual report including compilations of total reported contributions and expenditures for all candidates, committees, and other persons during the year.
(b) Each county election board may prepare an annual report that includes compilations of total reported contributions and expenditures for all candidates, committees, and other persons within the county during the year.
[Pre-1986 Recodification Citation: 3-4-5-7(a).]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.147; P.L.2-1996, SEC.103; P.L.3-1997, SEC.190.

IC 3-9-4-9 Annual compilations
Sec. 9. The election division and each county election board may prepare and publish annual compilations of:
(1) total amounts expended according to categories it determines and broken down into:
(A) candidate;
(B) party;
(C) legislative caucus committee; and
(D) political action committee;
expenditures on the state, legislative, and local levels;
(2) total amounts expended for influencing nominations and elections stated separately; and
(3) total amounts contributed according to categories of amounts it determines and broken down into contributions on the state, legislative, and local levels for candidates and committees.
[Pre-1986 Recodification Citation: 3-4-5-7(b).]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.104; P.L.3-1997, SEC.191.

IC 3-9-4-10 Special reports
Sec. 10. The election division and each county election board may prepare and publish special reports from time to time comparing the various totals and categories of contributions and expenditures made with respect to previous elections.
[Pre-1986 Recodification Citation: 3-4-5-8.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.105; P.L.3-1997, SEC.192.

IC 3-9-4-11 Miscellaneous reports
Sec. 11. The election division and each county election board may prepare and publish other reports they consider appropriate.
[Pre-1986 Recodification Citation: 3-4-5-9.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.106; P.L.3-1997, SEC.193.

IC 3-9-4-12 Repealed
[Pre-1986 Recodification Citation: 3-4-5-10.]
As added by P.L.5-1986, SEC.5. Repealed by P.L.3-1995, SEC.157.

IC 3-9-4-13 Audits; investigations
Sec. 13. The election division and each county election board shall make audits and field investigations from time to time with respect to reports and statements filed under this article and with respect to an alleged failure to file a report or statement required under this article. The election division may request the state board of accounts to assist in the performance of audits the election division considers necessary, and the state board of accounts may perform the audits that are requested.
[Pre-1986 Recodification Citation: 3-4-5-11.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.107; P.L.3-1997, SEC.194.

IC 3-9-4-14 Examination of statements of organization or reports; campaign finance reports
Sec. 14. (a) The election division and each county election board shall do all of the following:
(1) Ascertain whether candidates, committees, or other persons have:
(A) failed to file statements of organization or reports; or
(B) filed defective statements of organization or reports.
(2) Give the following notices:
(A) To delinquents to file a statement of organization or a report immediately upon receipt of the notice. A delinquency notice for a report must be given not later than thirty (30) days after the date the report was required to be filed. The election division or a county election board may, but is not required to, give delinquency notices at other times.
(B) To persons filing defective reports to make a supplemental statement or report correcting all defects not later than noon five (5) calendar days after receipt of the notice.
(3) Make available for public inspection a list of delinquents and persons who have failed to file the required supplemental statement or report. The election division and each county election board shall post a list of delinquents in a public place at or near the entrance of the commission’s or board’s respective offices.
(b) The election division shall mail:
(1) to each candidate required to file a campaign finance report with the election division; and
(2) twenty-one (21) days before the campaign finance reports are due;
the proper campaign finance report forms and a notice that states the date the campaign finance reports are due. The election division is required to mail notices and forms only to candidates for state offices and legislative offices. A county election board may, but is not required to, implement this subsection for candidates for local offices.
(c) Notwithstanding any notice given to a delinquent under subsection (a) or (b), the delinquent remains liable for a civil penalty in the full amount permitted under this chapter for failing to file a campaign finance report or statement of organization not later than the date and time prescribed under this article.
[Pre-1986 Recodification Citation: 3-4-5-12.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1995, SEC.73; P.L.2-1996, SEC.108; P.L.3-1997, SEC.195; P.L.176-1999, SEC.44; P.L.14-2004, SEC.71.

IC 3-9-4-15 Hearings
Sec. 15. A member of the commission, the co-directors, with the authorization of the commission, or a member of a county election board may conduct a hearing or an investigation, take evidence, and report back to the commission or board for its consideration and action.
[Pre-1986 Recodification Citation: 3-4-5-17.]
As added by P.L.5-1986, SEC.5. Amended by P.L.8-1995, SEC.37.

IC 3-9-4-16 Civil penalties; commission
Sec. 16. (a) In addition to any other penalty imposed, a person who does any of the following is subject to a civil penalty under this section:
(1) Fails to file with the election division a report in the manner required under IC 3-9-5.
(2) Fails to file a statement of organization required under IC 3-9-1.
(3) Is a committee or a member of a committee who disburses or expends money or other property for any political purpose before the money or other property has passed through the hands of the treasurer of the committee.
(4) Makes a contribution other than to a committee subject to this article or to a person authorized by law or a committee to receive contributions on the committee’s behalf.
(5) Is a corporation or labor organization that exceeds any of the limitations on contributions prescribed by IC 3-9-2-4.
(6) Makes a contribution in the name of another person.
(7) Accepts a contribution made by one (1) person in the name of another person.
(8) Is not the treasurer of a committee subject to this article, and pays any expenses of an election or a caucus except as authorized by this article.
(9) Commingles the funds of a committee with the personal funds of an officer, a member, or an associate of the committee.
(10) Wrongfully uses campaign contributions in violation of IC 3-9-3-4.
(11) Violates IC 3-9-2-12.
(12) Fails to designate a contribution as required by IC 3-9-2-5(c).
(13) Violates IC 3-9-3-5.
(14) Serves as a treasurer of a committee in violation of any of the following: (A) IC 3-9-1-13(1).
(B) IC 3-9-1-13(2).
(C) IC 3-9-1-18.
(15) Fails to comply with section 4(d) of this chapter.
(16) Violates IC 3-9-3-2.5 by making a communication that contains a disclaimer that is not presented in a clear and conspicuous manner required by IC 3-9-3-2.5(d) and IC 3-9-3-2.5(e). This subdivision does not apply to a person whose sole act is, in the normal course of business, participating in the preparation, printing, distribution, or broadcast of the communication containing the disclaimer.
(b) This subsection applies to a person who is subject to a civil penalty under subsection (a)(1) or (a)(2) for filing a defective report or statement. If the commission determines that a person failed to file the amended report or statement of organization not later than noon five (5) days after being given notice under section 14 of this chapter, the commission may assess a civil penalty. The penalty is ten dollars ($10) for each day the report is late after the expiration of the five (5) day period, not to exceed one hundred dollars ($100) plus any investigative costs incurred and documented by the election division. The civil penalty limit under this subsection applies to each report separately.
(c) This subsection applies to a person who is subject to a civil penalty under subsection (a)(1) or (a)(2) for a delinquent report or statement. If the commission determines that a person failed to file the report or statement of organization by the deadline prescribed under this article, the commission shall assess a civil penalty. The penalty is fifty dollars ($50) for each day the report or statement is late, with the afternoon of the final date for filing the report or statement being calculated as the first day. The civil penalty under this subsection may not exceed one thousand dollars ($1,000) plus any investigative costs incurred and documented by the election division. The civil penalty limit under this subsection applies to each report separately.
(d) This subsection applies to a person who is subject to a civil penalty under subsection (a)(3), (a)(4), (a)(6), (a)(7), (a)(8), (a)(9), or (a)(10). If the commission determines that a person is subject to a civil penalty under subsection (a), the commission may assess a civil penalty of not more than one thousand dollars ($1,000), plus any investigative costs incurred and documented by the election division.
(e) This subsection applies to a person who is subject to a civil penalty under subsection (a)(5). If the commission determines that a person is subject to a civil penalty under subsection (a)(5), the commission may assess a civil penalty of not more than three (3) times the amount of the contribution in excess of the limit prescribed by IC 3-9-2-4, plus any investigative costs incurred and documented by the election division.
(f) This subsection applies to a person who is subject to a civil penalty under subsection (a)(11). If the commission determines that a candidate or the candidate’s committee has violated IC 3-9-2-12, the commission shall assess a civil penalty equal to the greater of the following, plus any investigative costs incurred and documented by the election division:
(1) Two (2) times the amount of any contributions received.
(2) One thousand dollars ($1,000).
(g) This subsection applies to a person who is subject to a civil penalty under subsection (a)(12). If the commission determines that a corporation or a labor organization has failed to designate a contribution in violation of IC 3-9-2-5(c), the commission shall assess a civil penalty equal to the greater of the following, plus any investigative costs incurred and documented by the election division:
(1) Two (2) times the amount of the contributions undesignated.
(2) One thousand dollars ($1,000).
(h) This subsection applies to a person who is subject to a civil penalty under subsection (a)(13). If the commission determines, by unanimous vote of the entire membership of the commission, that a person has violated IC 3-9-3-5, the commission may assess a civil penalty of not more than five hundred dollars ($500), plus any investigative costs incurred and documented by the election division.
(i) This subsection applies to a person who is subject to a civil penalty under subsection (a)(14). If the commission determines, by unanimous vote of the entire membership of the commission, that a person has served as the treasurer of a committee in violation of any of the statutes listed in subsection (a)(14), the commission may assess a civil penalty of not more than five hundred dollars ($500), plus any investigative costs incurred and documented by the election division.
(j) This subsection applies to a person who is subject to a civil penalty under subsection (a)(15). The commission may assess a civil penalty equal to the costs incurred by the election division for the manual entry of the data contained in the report or statement, plus any investigative costs incurred and documented by the election division.
(k) This subsection applies to a person who is subject to a civil penalty under subsection (a)(16). If the commission determines that a person is subject to a civil penalty under subsection (a)(16), the commission may assess a civil penalty of not more than one thousand dollars ($1,000) for each communication circulated or published (but not for each of the copies of the communication actually circulated or published), plus any investigative costs incurred and documented by the election division.
(l) All civil penalties collected under this section shall be deposited with the treasurer of state in the campaign finance enforcement account.
(m) Proceedings of the commission under this section are subject to IC 4-21.5.
As added by P.L.3-1993, SEC.89. Amended by P.L.3-1995, SEC.74; P.L.2-1996, SEC.109; P.L.4-1996, SEC.35; P.L.3-1997, SEC.196; P.L.66-2003, SEC.23; P.L.14-2004, SEC.72; P.L.221-2005, SEC.20; P.L.225-2011, SEC.43.

IC 3-9-4-17 Civil penalties; county election board
Sec. 17. (a) In addition to any other penalty imposed, a person who does any of the following is subject to a civil penalty under this section:
(1) Fails to file with a county election board a report in the manner required under IC 3-9-5.
(2) Fails to file a statement of organization required under IC 3-9-1.
(3) Is a committee or a member of a committee who disburses or expends money or other property for any political purpose before the money or other property has passed through the hands of the treasurer of the committee.
(4) Makes a contribution other than to a committee subject to this article or to a person authorized by law or a committee to receive contributions in the committee’s behalf.
(5) Is a corporation or labor organization that exceeds any of the limitations on contributions prescribed by IC 3-9-2-4.
(6) Makes a contribution in the name of another person.
(7) Accepts a contribution made by one (1) person in the name of another person.
(8) Is not the treasurer of a committee subject to this article, and pays any expenses of an election or a caucus except as authorized by this article.
(9) Commingles the funds of a committee with the personal funds of an officer, a member, or an associate of the committee.
(10) Wrongfully uses campaign contributions in violation of IC 3-9-3-4.
(11) Fails to designate a contribution as required by IC 3-9-2-5(c).
(12) Violates IC 3-9-3-5.
(13) Serves as a treasurer of a committee in violation of any of the following: (A) IC 3-9-1-13(1).
(B) IC 3-9-1-13(2).
(C) IC 3-9-1-18.
(14) Violates IC 3-9-3-2.5 by making a communication that contains a disclaimer that is not presented in a clear and conspicuous manner, as required by IC 3-9-3-2.5(d) and IC 3-9-3-2.5(e). This subdivision does not apply to a person whose sole act is, in the normal course of business, participating in the preparation, printing, distribution, or broadcast of the communication containing the disclaimer.
(b) This subsection applies to a person who is subject to a civil penalty under subsection (a)(1) or (a)(2) for filing a defective report or statement. If the county election board determines that a person failed to file the report or a statement of organization not later than noon five (5) days after being given notice under section 14 of this chapter, the county election board may assess a civil penalty. The penalty is ten dollars ($10) for each day the report is late after the expiration of the five (5) day period, not to exceed one hundred dollars ($100) plus any investigative costs incurred and documented by the board. The civil penalty limit under this subsection applies to each report separately.
(c) This subsection applies to a person who is subject to a civil penalty under subsection (a)(1) or (a)(2) for a delinquent report or statement. If the county election board determines that a person failed to file the report or statement of organization by the deadline prescribed under this article, the board shall assess a civil penalty. The penalty is fifty dollars ($50) for each day the report is late, with the afternoon of the final date for filing the report or statement being calculated as the first day. The civil penalty under this subsection may not exceed one thousand dollars ($1,000) plus any investigative costs incurred and documented by the board. The civil penalty limit under this subsection applies to each report separately.
(d) This subsection applies to a person who is subject to a civil penalty under subsection (a)(3), (a)(4), (a)(6), (a)(7), (a)(8), (a)(9), or (a)(10). If the county election board determines that a person is subject to a civil penalty under subsection (a), the board may assess a civil penalty of not more than one thousand dollars ($1,000), plus any investigative costs incurred and documented by the board.
(e) This subsection applies to a person who is subject to a civil penalty under subsection (a)(5). If the county election board determines that a person is subject to a civil penalty under subsection (a)(5), the board may assess a civil penalty of not more than three (3) times the amount of the contribution in excess of the limit prescribed by IC 3-9-2-4, plus any investigative costs incurred and documented by the board.
(f) This subsection applies to a person who is subject to a civil penalty under subsection (a)(11). If the county election board determines that a corporation or a labor organization has failed to designate a contribution in violation of IC 3-9-2-5(c), the board shall assess a civil penalty equal to the greater of the following, plus any investigative costs incurred and documented by the board:
(1) Two (2) times the amount of the contributions undesignated.
(2) One thousand dollars ($1,000).
(g) This subsection applies to a person who is subject to a civil penalty under subsection (a)(12). If the county election board determines, by unanimous vote of the entire membership of the board, that a person has violated IC 3-9-3-5, the board may assess a civil penalty of not more than five hundred dollars ($500), plus any investigative costs incurred and documented by the board.
(h) This subsection applies to a person who is subject to a civil penalty under subsection (a)(13). If the county election board determines, by unanimous vote of the entire membership of the board, that a person has served as the treasurer of a committee in violation of any of the statutes listed in subsection (a)(13), the board may assess a civil penalty of not more than five hundred dollars ($500), plus any investigative costs incurred and documented by the board.
(i) This subsection applies to a person who is subject to a civil penalty under subsection (a)(14). If the board determines that a person is subject to a civil penalty under subsection (a)(14), the board may assess a civil penalty of not more than one thousand dollars ($1,000) for each communication circulated or published (but not for each of the copies of the communication actually circulated or published), plus any investigative costs incurred and documented by the election division.
(j) All civil penalties collected under this section shall be deposited with the county treasurer to be deposited by the county treasurer in a separate account. The funds in the account are available, with the approval of the county fiscal body, to augment and supplement the funds appropriated for the administration of this title in the county.
(k) Money in the account established under subsection (j) does not revert to the county general fund at the end of a county fiscal year.
(l) Proceedings of the county election board under this section are subject to IC 4-21.5. As added by P.L.3-1993, SEC.90. Amended by P.L.3-1995, SEC.75; P.L.3-1997, SEC.197; P.L.66-2003, SEC.24; P.L.14-2004, SEC.73; P.L.225-2011, SEC.44; P.L.169-2015, SEC.74.

IC 3-9-4-18 Delinquent or defective report
Sec. 18. (a) As used in this section, “delinquent or defective report” refers to a campaign finance report or statement of organization:
(1) that was required to be filed under IC 3-9-5 but was not filed in the manner required under IC 3-9-5; and
(2) for which a person was assessed a civil penalty under section 16 or 17 of this chapter.
(b) As used in this section, “election board” refers to the following:
(1) The commission if a civil penalty was assessed under section 16 of this chapter.
(2) The county election board if a civil penalty was assessed under section 17 of this chapter.
(c) As used in this section, “person” refers to a person who:
(1) has been assessed a civil penalty under section 16 or 17 of this chapter; and
(2) has filed a declaration of candidacy, a petition of nomination, or a declaration of intent to be a write-in candidate in a subsequent election or for whom a certificate of nomination has been filed.
(d) A person who does both of the following is relieved from further civil liability under this chapter for the delinquent or defective report:
(1) Files the delinquent report or amends the defective report from the previous candidacy:
(A) before filing a report required under IC 3-9-5-6; or
(B) at the same time the person files the report required under IC 3-9-5-6; for a subsequent candidacy.
(2) Pays all civil penalties assessed under section 16 or 17 of this chapter for the delinquent report.
(e) This subsection applies to a person who:
(1) is assessed a civil penalty under this chapter; and
(2) is elected to office in the subsequent election.
The election board may order the auditor of state or the fiscal officer of the political subdivision responsible for issuing the person’s payment for serving in office to withhold from the person’s paycheck the amount of the civil penalty assessed under this chapter. If the amount of the paycheck is less than the amount of the civil penalty, the auditor or fiscal officer shall continue withholding money from the person’s paycheck until an amount equal to the amount of the civil penalty has been withheld.
(f) The auditor of state or fiscal officer shall deposit an amount paid, recovered, or withheld under this section in the election board’s campaign finance enforcement account.
(g) Proceedings of the election board under this section are subject to IC 4-21.5.
As added by P.L.3-1993, SEC.91. Amended by P.L.3-1995, SEC.76; P.L.2-1996, SEC.110; P.L.3-1997, SEC.198; P.L.176-1999, SEC.45.

IC 3-9-4-19 Waiver or reduction of civil penalty
Sec. 19. Notwithstanding section 16 or 17 of this chapter, if upon the unanimous vote of its entire membership, the commission or a county election board finds that imposition of a civil penalty required to be imposed would be unjust under the circumstances, the commission or board may do either of the following:
(1) Waive the penalty.
(2) Reduce the penalty to an amount specified by the commission or the board.
As added by P.L.3-1997, SEC.199.

IC 3-9-4-20 Agreement to pay civil penalty; waiver of hearing
Sec. 20. (a) Notwithstanding section 16 of this chapter, if a person is notified by the election division that the commission may assess a proposed civil penalty under this article against the person, the person may enter into an agreement with the election division to pay the proposed penalty and waive a hearing before the commission otherwise required under section 16 of this chapter.
(b) An agreement entered into under this section must:
(1) provide for the payment of the entire proposed civil penalty not later than the date of the execution of the agreement; and
(2) be presented to the commission by the election division for ratification at the commission’s next regularly scheduled meeting.
As added by P.L.221-2005, SEC.21.

IC 3-9-5 Chapter 5. Reports Required of Candidates and Committees

IC 3-9-5-1 Application of chapter
Sec. 1. (a) Except as provided in subsection (b), this chapter applies to candidates in all elections and caucuses and to the following types of committees:
(1) Candidate’s committees.
(2) Regular party committees.
(3) Political action committees.
(4) A legislative caucus committee.
(b) This chapter does not apply to the following:
(1) A candidate for a local office for which the compensation is less than five thousand dollars ($5,000) per year unless the candidate is required to file a written instrument designating a principal committee under IC 3-9-1-5.5.
(2) A candidate for school board office unless the candidate is required to file a written instrument designating a principal committee under IC 3-9-1-5.5.
(3) Elections for precinct committeeman or delegate to a state convention.
(4) An auxiliary party organization. [Pre-1986 Recodification Citation: 3-4-1-1 part.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.148; P.L.4-1991, SEC.49; P.L.3-1995, SEC.77; P.L.3-1997, SEC.200; P.L.26-2000, SEC.14.

IC 3-9-5-2 Persons required to file with election division
Sec. 2. The following persons, whenever required to file a report, notice, or other instrument by this article, shall file it with the election division:
(1) Candidates for state office and their candidate’s committees.
(2) The following central committees:
(A) State committees.
(B) Congressional district committees.
(3) Other regular party committees that propose to influence the election of a candidate for state or legislative office or the outcome of a public question for or against which the electorate of the whole state may vote.
(4) Political action committees that propose to influence the election of a candidate for state or legislative office or the outcome of a public question for or against which the electorate of the whole state may vote.
(5) Legislative caucus committees.
[Pre-1986 Recodification Citation: 3-4-6-1 part.]
As added by P.L.5-1986, SEC.5. Amended by P.L.8-1992, SEC.10; P.L.2-1996, SEC.111; P.L.3-1997, SEC.201.

IC 3-9-5-3 Legislative candidates or committees required to file with election division; copies of instruments
Sec. 3. (a) A candidate for legislative office and the candidate’s committee shall file each report, notice, or other instrument required by this article with the election division.
(b) The circuit court clerk shall, at the request of any person, furnish the person a copy of a report, notice, or other instrument required by this article for a candidate for a legislative office from electronic records maintained on the secretary of state’s or election division’s web site. The circuit court clerk shall charge for a copy of records furnished under this subsection as provided in IC 5-14-3.
[Pre-1986 Recodification Citation: 3-4-6-1 part.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.112; P.L.3-1997, SEC.202; P.L.58-2010, SEC.32.

IC 3-9-5-4 Persons required to file with county election board
Sec. 4. The following persons, whenever required to file a report, notice, or other instrument by this article, shall file it with the county election board of each county comprising part of the affected election district:
(1) Candidates for local office and their candidate’s committees.
(2) Regular party committees that are not required to file with the election division.
(3) Political action committees that are not required to file with the election division. [Pre-1986 Recodification Citation: 3-4-6-1 part.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.113; P.L.3-1997, SEC.203.

IC 3-9-5-5 Receipts and expenditures; forms
Sec. 5. The treasurer of each committee shall file reports of receipts and expenditures on forms prescribed or approved by the election division.
[Pre-1986 Recodification Citation: 3-4-6-2.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.114; P.L.169-2015, SEC.75.

IC 3-9-5-6 Time for completion of reports
Sec. 6. (a) This subsection applies to a candidate’s committee other than a candidate’s committee of a candidate for a state office. Except as otherwise provided in this chapter, each committee, the committee’s treasurer, and each candidate shall complete a report required by this chapter current and dated as of the following dates:
(1) Twenty-five (25) days before the nomination date.
(2) Twenty-five (25) days before the general, municipal, or special election.
(3) The annual report filed and dated as required by section 10 of this chapter.
(b) This subsection applies to a regular party committee. Except as otherwise provided in this chapter, each committee and the committee’s treasurer shall complete a report required by this chapter current and dated as of the following dates:
(1) Twenty-five (25) days before a primary election.
(2) Twenty-five (25) days before a general, municipal, or special election.
(3) The date of the annual report filed and dated as required under section 10 of this chapter.
(c) This subsection applies to a legislative caucus committee. Except as otherwise provided in this chapter, each committee and the committee’s treasurer shall complete a report required under this chapter current and dated as of the following dates:
(1) Twenty-five (25) days before a primary election conducted in an even-numbered year.
(2) Twenty-five (25) days before a general election conducted in an even-numbered year.
(3) The date of the annual report filed and dated as required under section 10 of this chapter.
A legislative caucus committee is not required to file any report concerning the committee’s activity during an odd-numbered year other than the annual report filed and dated under section 10 of this chapter.
(d) This subsection applies to a political action committee. Except as otherwise provided in this chapter, each committee and the committee’s treasurer shall complete a report required by this chapter current and dated as of the following dates:
(1) Twenty-five (25) days before a primary election.
(2) Twenty-five (25) days before a general, municipal, or special election.
(3) The date of the annual report filed and dated as required under section 10 of this chapter.
(e) This subsection applies to a candidate’s committee of a candidate for a state office. A candidate’s committee is not required to file a report under section 8.2, 8.4, or 8.5 of this chapter. For a year in which an election to the state office is held, the treasurer of a candidate’s committee shall file the following reports:
(1) A report covering the period from January 1 through March 31 of the year of the report. A report required by this subdivision must be filed not later than noon April 15 of the year covered by the report.
(2) A report covering the period from April 1 through June 30 of the year of the report. A report required by this subdivision must be filed not later than noon July 15 of the year covered by the report.
(3) A report covering the period from July 1 through September 30 of the year of the report. A report required by this subdivision must be filed not later than noon October 15 of the year covered by the report.
(4) A report covering the period from October 1 of the year of the report through the date that is fifteen (15) days before the date of the election. A report required by this subdivision must be filed not later than noon seven (7) days before the date of the election.
(5) A report covering the period from the date that is fourteen (14) days before the date of the election through December 31 of the year of the report. A report required by this subdivision must:
(A) provide cumulative totals from January 1 through December 31 of the year of the report; and
(B) be filed not later than the deadline specified in section 10 of this chapter. [Pre-1986 Recodification Citation: 3-4-6-3(a).]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.71; P.L.3-1997, SEC.204; P.L.176-1999, SEC.46; P.L.221-2005, SEC.22; P.L.164-2006, SEC.62.

IC 3-9-5-7 Hand delivery or mailing of reports; filing deadline
Sec. 7. (a) A person may deliver reports to the appropriate office as follows:
(1) By hand.
(2) By mail.
(3) By electronic mail, if the appropriate office has the capacity to do all of the following:
(A) Receive electronic mail.
(B) Electronically record the date and time that electronic mail is received by the office.
(C) Print out a hard copy of the report after the receipt of the electronic mail by the office.
(b) Reports must be filed as follows:
(1) Hand delivered reports or reports transmitted by mail must be filed with the appropriate office during regular office hours not later than noon seven (7) days after the date of the report.
(2) Reports delivered by electronic mail must be filed with the appropriate office not later than noon seven (7) days after the date of the report.
(c) This subsection applies to a report delivered by electronic mail. Filing of a report occurs under IC 3-5-2-24.5 on the date and at the time electronically recorded by the office’s computer system. If a discrepancy exists between the text of the electronic mail and the printed report, the text of the printed report prevails until an amendment is filed under this article to correct the discrepancy.
(d) An office is not required to accept a report or statement required under this article by facsimile transmission. Upon approval of a policy by the commission or a county election board to receive reports or statements by facsimile transmission, the election division or the county election board may accept the facsimile transmission of a report or statement.
[Pre-1986 Recodification Citation: 3-4-6-3(b).]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1987, SEC.149; P.L.3-1997, SEC.205; P.L.2-1998, SEC.6; P.L.176-1999, SEC.47; P.L.126-2002, SEC.35.

IC 3-9-5-8 Candidate nominated less than twenty-five days before convention
Sec. 8. (a) This section:
(1) applies to a candidate for nomination to an office in a convention who becomes a candidate less than twenty-five (25) days before the nomination date for a candidate chosen at a convention; and
(2) does not apply to a candidate for nomination to a state office by a political party at a convention conducted under IC 3-8-4.
(b) A candidate is not required to file a report in accordance with section 6(a)(1) of this chapter. The candidate shall file the candidate’s first report not later than noon twenty (20) days after the nomination date for a candidate chosen at a convention.
(c) The reporting period for the first report required for a candidate begins on the date that the individual became a candidate and ends on the day following the adjournment of the convention.
[Pre-1986 Recodification Citation: 3-4-6-3(c).]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.72; P.L.3-1997, SEC.206; P.L.176-1999, SEC.48; P.L.66-2003, SEC.25; P.L.221-2005, SEC.23; P.L.164-2006, SEC.63.

IC 3-9-5-8.2 Candidates nominated by petition
Sec. 8.2. (a) This section applies to a candidate who is nominated by petition under IC 3-8-6.
(b) A candidate is not required to prepare or file a report before the nomination date.
(c) The period for the first report required for a candidate begins on the date that the individual became a candidate and ends fourteen (14) days after the nomination date.
As added by P.L.176-1999, SEC.49.

IC 3-9-5-8.4 Candidate who files declaration of intent to be write-in candidate
Sec. 8.4. (a) This section applies to a candidate who files a declaration of intent to be a write-in candidate under IC 3-8-2.
(b) A candidate is not required to prepare or file a report before the nomination date.
(c) The period for the first report required for a candidate begins on the date that the individual became a candidate and ends fourteen (14) days after the nomination date.
As added by P.L.176-1999, SEC.50.

IC 3-9-5-8.5 Candidate selected to fill vacancy
Sec. 8.5. (a) This section applies to a candidate who is selected to fill a vacancy on the ballot under IC 3-13-1 or IC 3-13-2.
(b) A candidate is not required to prepare or file a report before the nomination date.
(c) Except as provided in subsection (d), the period for the first report required for a candidate begins on the date that the individual became a candidate and ends fourteen (14) days after the nomination date.
(d) This subsection applies to a candidate selected under IC 3-13-2 to fill a vacancy on the ballot. A candidate is not required to prepare or file a report before or after the nomination date. The period for the first report required for a candidate begins on the date that the individual became a candidate and ends December 31 following the election.
As added by P.L.3-1997, SEC.207. Amended by P.L.176-1999, SEC.51.

IC 3-9-5-9 Off-year reports; pre-election reports
Sec. 9. (a) Except as provided in subsections (b) and (c), in a year in which a candidate is not a candidate for election to an office to which this article applies or does not seek nomination at a caucus or state convention for election to an office to which this article applies, the treasurer of the candidate’s committee shall file only the report required by section 10 of this chapter.
(b) This subsection applies to a candidate who holds one (1) office and is a candidate for a different office (or has filed a statement of organization for an exploratory committee without indicating that the individual is a candidate for a specific office). The treasurer of the candidate’s committee for the office the candidate holds shall file the following reports:
(1) If the committee spends, transfers in, or transfers out at least ten thousand dollars ($10,000) from January 1 until twenty-five (25) days before the primary election, the treasurer shall file a preprimary report under section 6 of this chapter.
(2) If the committee spends, transfers in, or transfers out at least ten thousand dollars ($10,000) from twenty-five (25) days before the primary election until twenty-five (25) days before the general election, the treasurer shall file a pregeneral election report under section 6 of this chapter.
(3) The report required under section 10 of this chapter.
(c) This subsection applies to a candidate who is required to file a preprimary report or preconvention report under section 6 of this chapter and who:
(1) is defeated at the primary election or convention; or
(2) withdraws or is disqualified as a candidate before the general election.
The treasurer of a candidate’s committee described by this subsection is not required to file a pregeneral election report under section 6 of this chapter but shall file the report required by section 10 of this chapter.
(d) This subsection applies to a candidate for election to a city office or a town office. If a municipal primary is not conducted in the municipality by one (1) or more parties authorized to conduct a primary, the candidate must file a report in accordance with the schedule set forth in section 6 of this chapter as if the primary were conducted. If a municipal election is not conducted in the municipality, the candidate must file a report in accordance with section 6 of this chapter as if the municipal election were conducted.
(e) This subsection applies to a candidate’s committee of a candidate for a state office. For a year in which an election to the state office is not held, the treasurer of a candidate’s committee shall file the following reports in addition to any other report required by this article:
(1) A report covering the period from January 1 through June 30 of the year of the report. A report required by this subdivision must be filed not later than noon July 15 of the year covered by the report.
(2) A report covering the period from July 1 through December 31 of the year of the report. A report required by this subdivision must:
(A) provide cumulative totals from January 1 through December 31 of the year of the report; and
(B) be filed by the deadline specified in section 10 of this chapter. [Pre-1986 Recodification Citation: 3-4-6-3(d).]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1992, SEC.15; P.L.3-1997, SEC.208; P.L.199-2001, SEC.17; P.L.14-2004, SEC.74; P.L.221-2005, SEC.24.

IC 3-9-5-10 Annual report of treasurer
Sec. 10. (a) The treasurer of each committee shall file a report each year that is complete as of December 31 of the previous year and covers the period since the last report. This annual report is due by noon:
(1) the third Wednesday in January, in the case of:
(A) a candidate’s committee;
(B) a legislative caucus committee; or
(C) a political action committee; or
(2) March 1, in the case of a regular party committee.
(b) A candidate’s committee of a candidate for a state office that files a report:
(1) under section 6(e)(5) or 9(e)(2) of this chapter; and
(2) by the deadline specified under subsection (a) for filing a candidate’s committee report;
is not required to file an additional report under this section. [Pre-1986 Recodification Citation: 3-4-6-5.]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.73; P.L.3-1995, SEC.78; P.L.3-1997, SEC.209; P.L.221-2005, SEC.25.

IC 3-9-5-11 Disbandment of committee; final report
Sec. 11. No later than noon thirty (30) days after the date a committee disbands, the last person to be treasurer of the committee shall file a final report that is complete as of the last day the committee existed and covers the period since the last report.
[Pre-1986 Recodification Citation: 3-4-6-6.]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.74.

IC 3-9-5-12 Outgoing treasurer; final report
Sec. 12. No later than noon thirty (30) days after the date a treasurer of a continuing committee leaves office, the outgoing treasurer shall file a final report that is complete as of the last day the person was treasurer and covers the period since the last report.
[Pre-1986 Recodification Citation: 3-4-6-7.]
As added by P.L.5-1986, SEC.5. Amended by P.L.10-1988, SEC.75.

IC 3-9-5-13 Filing duplicate federal reports
Sec. 13. (a) A person may file duplicates of the reports required to be filed under the Federal Election Campaign Act (52 U.S.C. 30101 et seq.) to comply with this chapter.
(b) The duplicate must cover all activity of the committee, and the committee shall file a supplementary report as directed by the election division to provide information required by this article but not included in the federal report.
(c) Each candidate for United States Senator or United States Representative and the treasurer of the candidate’s committee may file with the election division duplicates of the reports required by federal law.
(d) If a report is available on the Federal Election Commission’s web site, a statement to that effect is all the person is required to file.
[Pre-1986 Recodification Citation: 3-4-6-8.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.115; P.L.3-1997, SEC.210; P.L.66-2003, SEC.26; P.L.128-2015, SEC.148.

IC 3-9-5-14 Committee treasurer’s report
Sec. 14. (a) As used in this section, “threshold contribution amount” refers to the following:
(1) For contributions made to a candidate’s committee, a legislative caucus committee, or a political action committee, one hundred dollars ($100).
(2) For contributions made to a regular party committee, two hundred dollars ($200).
(b) The report of each committee’s treasurer must disclose the following:
(1) The amount of cash on hand and the value of any investments made by the committee at the beginning of the reporting period.
(2) The total sum of individual contributions including transfers-in, accepted by the committee during its reporting period.
(3) The following information regarding each person who has made one (1) or more contributions within the year, in an aggregate amount that exceeds the threshold contribution amount in actual value to or for the committee, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events:
(A) The full name of the person.
(B) The full mailing address of the person making the contribution.
(C) The person’s occupation, if the person is an individual who has made contributions to the committee of at least one thousand dollars ($1,000) during the calendar year.
(D) The date and amount of each contribution.
(4) The name and address of each committee from which the reporting committee received, or to which that committee made, a transfer of funds, together with the amounts and dates of all transfers.
(5) If the reporting committee is a candidate’s committee, the following information about each other committee that has reported expenditures to the reporting candidate’s committee under section 15 of this chapter:
(A) The name and address of the other committee.
(B) The amount of expenditures reported by the other committee.
(C) The date of the expenditures reported by the other committee.
(D) The purpose of the expenditures reported by the other committee.
(6) Each loan to or from a person within the reporting period together with the following information:
(A) The full names and mailing addresses of the lender and endorsers, if any.
(B) The person’s occupation, if the person is an individual who has made loans of at least one thousand dollars ($1,000) to the committee during the calendar year.
(C) The date and amount of the loans.
(7) The total sum of all receipts of the committee during the reporting period.
(8) The full name, mailing address, occupation, and principal place of business, if any, of each person other than a committee to whom an expenditure was made by the committee or on behalf of the committee within the year in an aggregate amount that:
(A) exceeds one hundred dollars ($100), in the case of a candidate’s committee, legislative caucus committee, or political action committee; or
(B) exceeds two hundred dollars ($200), in the case of a regular party committee.
(9) The name, address, and office sought by each candidate for whom any expenditure was made or a statement identifying the public question for which any expenditure was made, including the amount, date, and purpose of each expenditure.
(10) The full name, mailing address, occupation, and principal place of business, if any, of each person to whom an expenditure for personal services, salaries, or reimbursed expenses was made within the year in an aggregate amount that:
(A) exceeds one hundred dollars ($100), in the case of a candidate’s committee, legislative caucus committee, or political action committee; or
(B) exceeds two hundred dollars ($200), in the case of a regular party committee; and that is not otherwise reported, including the amount, date, and purpose of the expenditure.
(11) The total sum of expenditures made by the committee during the reporting period.
(12) The amount and nature of debts owed by or to the committee, and a continuous reporting of the debts after the election at the times required under this article until the debts are extinguished.
(c) If a committee:
(1) obtains a contribution;
(2) determines that the contribution should not be accepted by the committee; and
(3) does not receive and accept the contribution under IC 3-9-1-25(b);
the committee must return the contribution to the person who made the contribution. A returned contribution is not required to be listed on the report of the committee’s treasurer. However, if the committee receives and deposits the contribution under IC 3-9-1-25(b) and subsequently determines that the contribution should be refunded, the receipt and refund of the contribution must be listed on the report of the committee’s treasurer.
[Pre-1986 Recodification Citation: 3-4-6-9.]
As added by P.L.5-1986, SEC.5. Amended by P.L.5-1989, SEC.32; P.L.7-1990, SEC.32; P.L.8-1992, SEC.11; P.L.3-1995, SEC.79; P.L.3-1997, SEC.211; P.L.253-1997(ss), SEC.2; P.L.176-1999, SEC.52.

IC 3-9-5-15 Contributions and expenditures made on behalf of candidates; reports
Sec. 15. (a) This section applies to an organization or a committee, other than the candidate’s committee, that receives a contribution or makes an expenditure on behalf of a candidate.
(b) For purposes of this section, an expenditure is considered to be on behalf of a candidate if either of the following applies:
(1) The expenditure is made in support of the candidate who is specifically identifiable.
(2) The expenditure is made in opposition to an opponent:
(A) of the candidate; and
(B) who is specifically identifiable.
An expenditure is not considered to be made on behalf of a candidate if the expenditure is made to inform the members of the organization or for the development of the committee’s political party.
(c) The treasurer of the committee shall report to the candidate’s committee all information about a contribution received or an expenditure made on behalf of the candidate that the treasurer of the candidate’s committee is required to report about the contribution or the expenditure if it had been received or made by the candidate’s committee.
[Pre-1986 Recodification Citation: 3-4-6-10.]
As added by P.L.5-1986, SEC.5. Amended by P.L.2-1996, SEC.116; P.L.3-1997, SEC.212.

IC 3-9-5-16 Cumulative reports
Sec. 16. (a) This subsection applies to a candidate’s committee of a candidate whose name does not appear on the ballot at any time during a year and who is not a write-in candidate during that year. The reports required to be filed by this chapter are cumulative during the year. If no contributions or expenditures have been accepted or made during a year, the treasurer of the candidate’s committee shall file a statement to that effect.
(b) This subsection applies to a political action committee or a regular party committee. If a committee has not received or made contributions or expenditures, the committee shall file a report under section 6 of this chapter stating that no contributions or expenditures have been received or made.
[Pre-1986 Recodification Citation: 3-4-6-11.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1997, SEC.213; P.L.176-1999, SEC.53.

IC 3-9-5-17 Repealed
[Pre-1986 Recodification Citation: 3-4-6-13.]
As added by P.L.5-1986, SEC.5. Repealed by P.L.3-1993, SEC.282.

IC 3-9-5-18 Candidate’s statement
Sec. 18. Each candidate shall file a statement that the candidate has turned over all contributions received bythe candidate to the treasurer of the candidate’s principal committee and that to the best of the candidate’s knowledge and belief the reports of the candidate’s committee are complete and accurate.
[Pre-1986 Recodification Citation: 3-4-6-15.]
As added by P.L.5-1986, SEC.5.

IC 3-9-5-19 Repealed
[Pre-1986 Recodification Citation: 3-4-6-16.]
As added by P.L.5-1986, SEC.5. Repealed by P.L.3-1995, SEC.157.

IC 3-9-5-20 Repealed
As added by P.L.3-1997, SEC.214. Repealed by P.L.176-1999, SEC.134.

IC 3-9-5-20.1 Supplemental large contribution report
Sec. 20.1. (a) This section:
(1) applies only to a large contribution that is received by a candidate, the candidate’s committee, or the treasurer of the candidate’s committee; and
(2) does not apply to a candidate for a state office, the candidate’s committee, or the treasurer of the candidate’s committee.
(b) As used in this section, “election” refers to any of the following:
(1) A primary election.
(2) A general election.
(3) A municipal election.
(4) A special election.
(5) For candidates nominated at a state convention, the state convention.
(c) As used in this section, “large contribution” means contributions:
(1) that total at least one thousand dollars ($1,000); and
(2) that are received:
(A) not more than twenty-five (25) days before an election; and
(B) not less than forty-eight (48) hours before an election.
(d) The treasurer of a candidate’s committee shall file a supplemental large contribution report with the election division or a county election board not later than forty-eight (48) hours after the contribution is received. A candidate for a legislative office shall file a report required by this section with the election division and the county election board as required by section 3 of this chapter. A report filed under this section may be filed by facsimile (fax) transmission.
(e) A report required by subsection (d) must contain the following information for each large contribution:
(1) The name of the person making the contribution.
(2) The address of the person making the contribution.
(3) If the person making the contribution is an individual, the individual’s occupation.
(4) The total amount of the contribution.
(5) The dates and times the contributions making up the large contribution were received by the treasurer, the candidate, or the candidate’s committee.
(f) The election division shall prescribe the form for the report required by this section. As added by P.L.176-1999, SEC.54. Amended by P.L.66-2003, SEC.27; P.L.221-2005, SEC.26; P.L.169-2015, SEC.76.

IC 3-9-5-21 Repealed
As added by P.L.3-1997, SEC.215. Repealed by P.L.176-1999, SEC.134.

IC 3-9-5-22 Supplemental large contribution report; candidate for state office
Sec. 22. (a) This section applies only to a large contribution that is received by a candidate for a state office, the candidate’s committee, or the treasurer of the candidate’s committee.
(b) As used in this section, “election” refers to any of the following:
(1) For a candidate nominated at a primary election, the primary election.
(2) For a candidate nominated at a state convention, the state convention.
(3) A general election.
(c) As used in this section, “large contribution” means either of the following:
(1) Contributions:
(A) that total at least one thousand dollars ($1,000); and
(B) that are received:
(i) after the end of a reporting period and before the deadline for the candidate’s committee to file a report under section 6 of this chapter; and
(ii) not less than forty-eight (48) hours before an election.
(2) A single contribution that is at least ten thousand dollars ($10,000) that is received at any time.
(d) The treasurer of a candidate’s committee shall file a supplemental large contribution report with the election division not later than:
(1) forty-eight (48) hours after a contribution described by subsection (c)(1) is received; or
(2) noon seven (7) days after a contribution described by subsection (c)(2) is received.
(e) A report filed under this section may be filed by facsimile transmission or as an electronic report when the requirements of IC 3-9-4 or this chapter have been met. A report required by subsection (d) must contain the following information for each large contribution:
(1) The name of the person making the contribution.
(2) The address of the person making the contribution.
(3) If the person making the contribution is an individual, the individual’s occupation.
(4) The total amount of the contribution.
(5) The dates and times the contributions making up the large contribution described in subsection (c)(1) or a large contribution described in subsection (c)(2) were received by the treasurer, the candidate, or the candidate’s committee.
(f) The election division shall prescribe the form for the report required by this section.
As added by P.L.221-2005, SEC.27. Amended by P.L.169-2015, SEC.77.

IC 3-9-6 Chapter 6. Repealed

Repealed by P.L.3-1995, SEC.157.

IC 3-9-7 Chapter 7. Miscellaneous Provisions

IC 3-9-7-1 Repealed
[Pre-1986 Recodification Citations: 3-4-1-1 part; 3-4-1-17.5 part.]
As added by P.L.5-1986, SEC.5. Repealed by P.L.3-1995, SEC.157.

IC 3-9-7-2 Repealed
[Pre-1986 Recodification Citation: 3-4-6-12.]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1995, SEC.80; P.L.2-1996, SEC.117.
Repealed by P.L.3-1997, SEC.476.

IC 3-9-7-3 Repealed
[Pre-1986 Recodification Citation: 3-4-1-16(b).]
As added by P.L.5-1986, SEC.5. Amended by P.L.3-1995, SEC.81. Repealed by P.L.3-1997, SEC.476.

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