1.
(a)The inspector of each precinct shall
deliver the bags required by section 30(a) and 30(c) of this chapter in
good condition, together with poll lists, tally sheets, and other forms,
to the circuit court clerk when making returns.
(b)Except for unused ballots disposed of under IC 3-11-3-31 or the
copies of the affidavits received by the county election board under IC 3-14-5-2 for delivery to the prosecuting attorney, the circuit court clerk
shall seal the ballots (including provisional ballots) and other material
(including election material related to provisional ballots) during the
time allowed to file a verified petition or cross-petition for a recount of
votes or to contest the election. Except as provided in subsection (c)
and notwithstanding any other provision of state law, a
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1. (a) The inspector of each precinct shall
deliver the bags required by section 30(a) and 30(c) of this chapter in
good condition, together with poll lists, tally sheets, and other forms,
to the circuit court clerk when making returns.
(b) Except for unused ballots disposed of under IC 3-11-3-31 or the
copies of the affidavits received by the county election board under IC 3-14-5-2 for delivery to the prosecuting attorney, the circuit court clerk
shall seal the ballots (including provisional ballots) and other material
(including election material related to provisional ballots) during the
time allowed to file a verified petition or cross-petition for a recount of
votes or to contest the election. Except as provided in subsection (c)
and notwithstanding any other provision of state law, after the recount
or contest filing period, the election material, including election
material related to provisional ballots (except for ballots and
provisional ballots, which remain confidential) shall be made available
for copying and inspection under IC 5-14-3. The circuit court clerk
shall carefully preserve the sealed ballots and other material for
twenty-two (22) months, as required by 52 U.S.C. 20701, after which
the sealed ballots and other material are subject to IC 5-15-6 unless an
order issued under:
(1) IC 3-12-6-19 or IC 3-12-11-16; or
(2) 52 U.S.C. 10301;
requires the continued preservation of the ballots or other material.
(c) If a petition for a recount or contest is filed, the material for that
election remains confidential until completion of the recount or contest.
(d) Upon delivery of the poll lists, the county voter registration
office shall unseal the envelopes containing the poll lists, inspect the
poll lists, and update the registration records of the county. The county
voter registration office shall use the poll lists and information on
affidavits executed under IC 3-10-10, IC 3-10-11, or IC 3-10-12 to
update the registration record to include the voter's voter identification
number if the voter's voter identification number is not already
included in the registration record. Upon completion of the inspection,
the poll list and affidavits shall be preserved with the ballots and other
materials in the manner prescribed by subsection (b) for the period
prescribed by subsections (b) and (c).
(e) In addition to the poll lists described in subsection (d), the
county voter registration office shall use the affidavits described by IC 3-10-10-7, IC 3-10-11-4, and IC 3-10-12-3.4 to update the registration
records of the county as soon as the affidavits are delivered to the
county voter registration office.
(f) The county voter registration office shall retain a voter's paper
registration records associated with the address at which the voter is
registered to vote until all of the following are satisfied:
(1) The voter's registration at the address stated in the voter's
registration application has been canceled.
(2) The general election immediately following the cancellation
of the voter's registration under subdivision (1) has occurred.
(3) Twenty-four (24) months have elapsed following the general
election described in subdivision (2).
(g) This subsection does not apply to ballots, including provisional
ballots. Notwithstanding subsection (b), if a county voter registration
office determines that the inspection and copying of precinct election
material would reveal the political parties, candidates, and public
questions for which an individual cast an absentee ballot, the county
voter registration office shall keep confidential only that part of the
election material necessary to protect the secrecy of the voter's ballot.
In addition, the county voter registration office shall keep confidential
information contained in material related to provisional ballots that
identifies an individual, except for the individual's name, address, and
birth date.
(h) After the expiration of the period described in subsection (b) or
(c), the ballots may be destroyed in the manner provided by IC 3-11-3-31 or transferred to a state educational institution as provided
by IC 3-12-2-12.
(i) This subsection applies to a detachable recording unit or
compartment used to record a ballot cast on a direct record electronic
voting system. After the time allowed to file a verified petition or
cross-petition for a recount of votes or to contest the election, the
circuit court clerk shall transfer the data contained in the unit or
compartment to a disc or other recording medium. After transferring
the data, the clerk may clear or erase the unit or compartment. The
circuit court clerk shall carefully preserve the disc or medium used to
record the data for twenty-two (22) months, as required by 52 U.S.C.
20701, after which time the disc or medium may be erased or
destroyed, subject to IC 5-15-6, unless an order requiring the continued
preservation of the disc or medium is issued under the following:
(1) IC 3-12-6-19.
(2) IC 3-12-11-16.
(3) 52 U.S.C. 10301.
(j) This subsection applies to a county using an electronic poll book.
After each election, the county shall save all data recorded on the
electronic poll book and any information stored on the dedicated,
private server required under IC 3-11-8-10.3(b)(4). The circuit court
clerk shall carefully preserve the disc or medium used to record the
data for twenty-two (22) months, as required by 52 U.S.C. 20701, after
which time the data may be erased or destroyed, subject to IC 5-15-6,
unless an order requiring the continued preservation of the data is
issued under the following:
(1) IC 3-12-6-19.
(2) IC 3-12-11-16.
(3) 52 U.S.C. 10301.
(k) This section does not prohibit county election officials from
performing post-election audits, as authorized by statute.
(l) This section does not prohibit county election officials from
performing a duty under IC 3-11.7.