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Home » US Law » 2022 Indiana Code » Title 3. Elections » Article 11.7. Provisional Voting » Chapter 5. Counting Provisional Ballots

3-11.7-5-24. Time for Storage of Ballots and Papers

Sec. 24. The circuit court clerk shall preserve the receptacle containing the envelope or bag in the clerk’s office for the period required under IC 3-10-1-31.1. As added by P.L.126-2002, SEC.87. Amended by P.L.14-2004, SEC.154; P.L.193-2021, SEC.78.

3-11.7-5-25. Time for Retention of Ballots and Papers When Election Contested

Sec. 25. If the election is contested, the clerk shall preserve the receptacle containing the envelope or bag as long as the contest is undetermined. During that period, the clerk shall keep the receptacle securely locked, subject only to an order of the court trying a contest. As added by P.L.126-2002, SEC.87.

3-11.7-5-26. Destruction of Stored Ballots and Papers

Sec. 26. When permitted under IC 3-10-1-31.1, the clerk and a county election board member of the opposite political party shall remove the envelope or bag from the receptacle and destroy the envelope or bag. As added by P.L.126-2002, SEC.87. Amended by P.L.14-2004, SEC.155; P.L.193-2021, SEC.79.

3-11.7-5-27. Contract With State Educational Institution for Disposal of Ballots

Sec. 27. A county election board may contract with a state educational institution to dispose of the ballots. The contract must provide that: (1) the ballots will be used by the state educational institution to conduct election research; and (2) the state educational institution may not receive any ballots under this section until the period […]

3-11.7-5-28. News Media Certificate of Provisional Ballot Totals

Sec. 28. Immediately upon completion of the vote count, the counters shall make and sign a certificate for the news media showing the total number of provisional ballot votes received by each candidate and on each public question in the precinct. As added by P.L.126-2002, SEC.87.

3-11.7-5-29. Delivery of News Media Certificate

Sec. 29. The counters shall deliver the certificate to the circuit court clerk as soon as the certificate is completed. The circuit court clerk shall deliver the certificate made for the news media to any person designated to receive the certificate by the editors of the newspapers published in the county or by the managers […]

3-11.7-5-3. Consequence for Ballots Not Satisfying Criteria

Sec. 3. (a) If the board determines that the affidavit executed by the provisional voter has not been properly executed, that the provisional voter is not a qualified voter of the precinct, that the voter failed to provide proof of identification when required under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26, or that the provisional […]

3-11.7-5-4. Valid Ballots; Opening and Marking

Sec. 4. If the board determines that a provisional ballot is valid under section 2 of this chapter, the provisional ballot envelope shall be opened. The outside of each provisional ballot shall also be marked to identify the precinct and the date of the election of the ballots. As added by P.L.126-2002, SEC.87.

3-11.7-5-5. Ballots Rejected; Absence of Poll Clerks’ Initials

Sec. 5. (a) If any ballot cast by a provisional voter does not contain the initials of the poll clerks, the ballot shall, without being unfolded to disclose how the ballot is marked, be endorsed with the word “Rejected”. (b) All rejected provisional ballots shall be enclosed and securely sealed in an envelope on which […]

3-11.7-5-8. Reading Names of Candidates; Ballot Questions

Sec. 8. (a) During the counting of the ballots, one (1) counter shall read the name of the candidates and ballot questions voted for from the ballots. (b) A: (1) member of the county election board who is not a member of the same political party as the counter; or (2) representative designated by the […]

3-11.7-5-9. Protest Counting of Ballots

Sec. 9. During the counting of the ballots: (1) the counter counting the ballots; (2) a member of the county election board; or (3) a representative designated by the member; may protest the counting of any ballot or any part of a ballot. As added by P.L.126-2002, SEC.87.