Sec. 1. (a) After the close of the polls, provisional ballots shall be counted as provided in this chapter. (b) Notwithstanding IC 3-5-4-1.5 and any legal holiday observed under IC 1-1-9, all provisional ballots must be counted by not later than 3 p.m. ten (10) days following the election. As added by P.L.126-2002, SEC.87. Amended […]
Sec. 1.5. (a) Subsection (c) applies to a provisional ballot that the county election board determines, by a majority vote of its members and in accordance with this title: (1) has been marked and cast by a voter in compliance with this title; but (2) may not otherwise be counted solely as the result of […]
Sec. 1.7. (a) This section does not apply to a provisional ballot cast by a voter for any of the following reasons: (1) The provisional ballot was cast by the voter under a court order extending the hours that the polls were open. (2) The provisional ballot was cast by a voter who is not […]
Sec. 10. If the counters cannot agree whether to count a ballot following a protest under section 9 of this chapter, the question shall be referred to the county election board for a decision. As added by P.L.126-2002, SEC.87.
Sec. 11. Following a decision by the counters or the county election board, the counters shall sign each protested ballot. As added by P.L.126-2002, SEC.87.
Sec. 12. If a ballot or any part of a ballot is protested and the protest is resolved, the counter immediately shall write on the back of the protested ballot the word “counted” or “not counted”, as appropriate. As added by P.L.126-2002, SEC.87.
Sec. 13. A counter may not count provisional ballots for a precinct under this chapter while counting provisional ballots for any other precinct. As added by P.L.126-2002, SEC.87.
Sec. 14. (a) This section applies if at least two (2) sets of counters in a county are counting provisional ballots under this chapter. (b) A set of counters may count provisional ballots from a precinct while another set of counters is counting provisional ballots from another precinct in the county if each set of […]
Sec. 15. (a) This section applies to the counting of write-in provisional ballots. (b) If a voter writes an abbreviation, a misspelling, or other minor variation instead of the correct name of a candidate or political party, that vote shall be counted if the intent of the voter can be determined. (c) If a voter […]
Sec. 16. When all the votes have been counted, the counters shall prepare a certificate stating the number of votes that each candidate received for each office and the number of votes cast on each public question. As added by P.L.126-2002, SEC.87.
Sec. 17. The number of votes that each candidate and public question received shall be written in words and numbers. The counters shall prepare a memorandum of the total votes cast for each candidate and on each public question and ensure that each member of the county election board receives a copy of the memorandum. […]
Sec. 18. The counters shall deliver the certificates prepared under section 16 of this chapter and the tally papers to the county election board immediately upon the tabulation of the vote in each precinct. As added by P.L.126-2002, SEC.87.
Sec. 19. As soon as the ballots have been counted, the counters shall do the following in the presence of the county election board: (1) Place in a strong paper envelope or bag the following: (A) All provisional ballots, voted and spoiled. (B) All provisional ballots: (i) determined invalid under section 3 of this chapter; […]
Sec. 2. (a) Except as provided in section 5 of this chapter, if the county election board determines that all the following apply, a provisional ballot is valid and shall be counted under this chapter: (1) The affidavit executed by the provisional voter under IC 3-11.7-2-1 is properly executed. (2) The provisional voter is a […]
Sec. 2.5. (a) A voter who: (1) was challenged under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26 as a result of the voter’s inability or declination to provide proof of identification; and (2) cast a provisional ballot; may personally appear before the circuit court clerk or the county election board not later than noon ten […]
Sec. 2.7. During the county election board’s consideration of the validity of a provisional ballot, the board shall not publicly identify the individual who cast the ballot by name or any identifying number, but shall refer to the ballot in terms sufficient to preserve the record regarding the board’s determination regarding the validity of the […]
Sec. 20. Upon delivery of the envelope or bag to the circuit court clerk, each counter shall take and subscribe an oath before the clerk stating that the counter: (1) securely kept the ballots and papers in the envelope or bag; (2) did not permit any person to open the envelope or bag or to […]
Sec. 21. The circuit court clerk shall file the oath taken under section 20 of this chapter with the clerk’s other election documents. As added by P.L.126-2002, SEC.87.
Sec. 22. The circuit court clerk shall place the envelope or bag in a receptacle provided by the county executive with two (2) different locks. As added by P.L.126-2002, SEC.87.
Sec. 23. The circuit court clerk shall do the following: (1) Lock the receptacle provided under section 22 of this chapter. (2) Retain one (1) key to one (1) lock of the receptacle. (3) Give one (1) key to the other lock of the receptacle to the member of the county election board who is […]
