3-11.5-5-1. Repealed
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.2-1996, SEC.202; P.L.3-1997, SEC.335. Repealed by P.L.278-2019, SEC.127.
3-11.5-5-10. Protested Votes Referred to County Election Board
Sec. 10. If the absentee ballot counters cannot agree whether to count a ballot following a protest under section 8 of this chapter, the question shall be referred to the county election board for a decision. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
3-11.5-5-11. Absentee Counters Signing of Protested Ballots
Sec. 11. Following a decision by the absentee ballot counters or the county election board, the absentee ballot counters shall officially sign each protested ballot. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
3-11.5-5-12. Separate Counting of Ballots From Other Precincts
Sec. 12. An absentee ballot counter may not count absentee ballots for a precinct under this chapter while counting absentee ballots for any other precinct. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
3-11.5-5-13. Counting of Ballots by Two Sets of Vote Counters
Sec. 13. (a) This section applies if at least two (2) sets of absentee ballot counters in a county are counting absentee ballots under this chapter. (b) A set of absentee ballot counters may count absentee ballots from a precinct while another set of absentee ballot counters is counting absentee ballots from another precinct in […]
3-11.5-5-14. Counting Federal Write-in Absentee Ballots; Minor Errors on Ballot; Partial Ballot Invalidity and Ballots Not to Be Counted
Sec. 14. (a) This section applies to the counting of federal write-in absentee ballots described in IC 3-11-4-12.5. (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 […]
3-11.5-5-15. Certificate of Absentee Vote Count
Sec. 15. When all the votes have been counted, the absentee ballot 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.3-1993, SEC.176 and P.L.19-1993, SEC.2.
3-11.5-5-16. Entry and Memorandum of Vote Count
Sec. 16. The number of votes that each candidate and public question received shall be written in words and numbers. The absentee ballot 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 […]
3-11.5-5-17. Delivery of Certificates and Tally Papers
Sec. 17. The absentee ballot counters shall deliver the certificates prepared under section 15 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.3-1993, SEC.176 and P.L.19-1993, SEC.2.
3-11.5-5-18. Securing Ballots, Certificates, and Tally Papers; Delivery
Sec. 18. As soon as the ballots have been counted, the absentee ballot counters shall in the presence of the county election board do the following: (1) Place in a strong paper envelope or bag the following: (A) All ballots, voted and not voted, together with all protested and uncounted ballots. (B) One (1) copy […]
3-11.5-5-19. Oath of Ballot Counters
Sec. 19. Upon delivery of the envelope or bag to the circuit court clerk, each absentee ballot 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 […]
3-11.5-5-2. Applicability of Chapter; Paper Ballot Cast Votes
Sec. 2. This chapter applies to the counting of absentee ballots cast on paper ballots. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
3-11.5-5-20. Filing of Ballot Counter’s Oath
Sec. 20. The circuit court clerk shall file the oath taken under section 19 of this chapter with the clerk’s other election documents. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
3-11.5-5-21. Secure Storage of Ballots
Sec. 21. 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.3-1993, SEC.176 and P.L.19-1993, SEC.2.
3-11.5-5-22. Locks on Stored Ballots
Sec. 22. The circuit court clerk shall do the following: (1) Lock the receptacle provided under section 21 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 […]
3-11.5-5-23. Time of Ballot Storage
Sec. 23. 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.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.143; P.L.193-2021, SEC.70.
3-11.5-5-24. Time for Retention of Stored Ballots When Election Contested
Sec. 24. If the election is contested, the clerk shall preserve the receptacle containing the envelope or bag as long as the contest is undetermined. During those periods the clerk shall keep the receptacle securely locked, subject only to an order of the court trying a contest. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.
3-11.5-5-25. Destruction of Stored Ballots
Sec. 25. 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.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.144; P.L.193-2021, SEC.71.
3-11.5-5-26. Contract With Educational Institution for Disposal of Ballots
Sec. 26. 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 subsection until the period […]
3-11.5-5-27. News Media Certificate of Election Results
Sec. 27. Immediately upon completion of the vote count, the absentee ballot counters shall make and sign a certificate for the news media showing the total number of absentee ballot votes received by each candidate and on each public question in the precinct. As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2.