§ 3-10-4-9 — Voting procedure; marking ballots; examination of ballots by secretary of state; consistency of ballots with pledge; vacating office of elector; counting and recording ballots

Indiana § 3-10-4-9

• Jurisdiction: Indiana
• Art. 10: PROVISIONS GOVERNING CERTAIN TYPES OF
• Ch. 4: Presidential Elections

Text

(a) The presidential electors, when assembled
and after vacancies are filled, shall then vote by paper ballot for
President and Vice President of the United States and perform the
duties imposed upon them by the Constitution and statutes of the
United States and of Indiana.
(b) Each presidential elector shall mark the presidential elector's
presidential and vice-presidential ballots with the presidential elector's
votes for the offices of President and Vice President, respectively,
along with the presidential elector's signature and the presidential
elector's legibly printed name.
(c) Except as otherwise provided by Indiana law other than this
chapter, each presidential elector shall present both completed ballots
to the secretary of state, who shall examine the ballots and accept as
cast all ballots of presidential electors whose votes are consistent with
the presidential electors' pledges executed under section 1.7 or 8(c) of
this chapter. Except as otherwise provided by Indiana law other than
this chapter, the secretary of state may not accept and may not count
either a presidential elector's presidential or vice-presidential ballot if
the presidential elector has not marked both ballots or has marked a
ballot in violation of the presidential elector's pledge.
(d) A presidential elector who refuses to present a ballot, presents
an unmarked ballot, or presents a ballot marked in violation of the
presidential elector's pledge executed under section 1.7 or 8(c) of this
chapter, vacates the office of presidential elector. The vacant
presidential elector office shall be filled as provided in section 8 of this
chapter.
(e) The secretary of state shall distribute ballots to and collect
ballots from an alternate presidential elector and repeat the process
under this section of examining ballots, declaring vacant offices as
required, and recording appropriately completed ballots from the
alternate presidential electors, until all of Indiana's electoral votes have
been cast and recorded.
[Pre-1986 Recodification Citation: 3-1-12-7.]

Legislative History

As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.177; P.L.201-2017, SEC.21.