3-11.7-5-1.5. Provisional Ballot; Counting When Ballot Made Invalid by Mistake or Inadvertence of Election Officer; When Election Board May Determine Not to Count
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 […]
3-11.7-5-14. Counting of Ballots by More Than One Set of Counters
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 […]
3-11.7-5-1.7. Effect of Affidavit Evidence on Counting Provisional Ballot
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 […]
3-11.7-5-15. Counting Write-in Ballots
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 […]
3-11.7-5-2. Criteria for Determining Validity of Ballots
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 […]
3-11.7-5-2.5. Determining Validity of Provisional Ballot
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 […]
3-11.7-5-2.7. Determination of Validity of Provisional Ballot; Nondisclosure of Identifying Information
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 […]
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 […]