§ 3-11-10-24 — Requirements for voting absentee ballot by mail; voting procedure; delivery

Indiana § 3-11-10-24

• Jurisdiction: Indiana
• Art. 11: VOTING METHODS, SUPPLIES, AND
• Ch. 10: Voting by Absentee Ballot

Text

(a) Except as provided in subsection (b), a
voter who satisfies any of the following is entitled to vote by mail:
(1) The voter has a specific, reasonable expectation of being
absent from the county on election day during the entire twelve
(12) hours that the polls are open.
(2) The voter will be absent from the precinct of the voter's
residence on election day because of service as:
(A) a precinct election officer under IC 3-6-6;
(B) a watcher under IC 3-6-8, IC 3-6-9, or IC 3-6-10;
(C) a challenger or pollbook holder under IC 3-6-7; or
(D) a person employed by an election board to administer the
election for which the absentee ballot is requested.
(3) The voter will be confined on election day to the voter's
residence, to a health care facility, or to a hospital because of an
illness or injury during the entire twelve (12) hours that the polls
are open.
(4) The voter is a voter with disabilities.
(5) The voter is an elderly voter.
(6) The voter is prevented from voting due to the voter's care of
an individual confined to a private residence because of illness or
injury during the entire twelve (12) hours that the polls are open.
(7) The voter is scheduled to work at the person's regular place of
employment during the entire twelve (12) hours that the polls are
open.
(8) The voter is eligible to vote under IC 3-10-11 or IC 3-10-12.
(9) The voter is prevented from voting due to observance of a
religious discipline or religious holiday during the entire twelve
(12) hours that the polls are open.
(10) The voter is an address confidentiality program participant
(as defined in IC 5-26.5-1-6).
(11) The voter is a member of the Indiana National Guard
deployed or on assignment inside Indiana or a public safety
officer.
(12) The voter is a serious sex offender (as defined in IC 35-42-4-14(a)).
(13) The voter is prevented from voting due to the unavailability
of transportation to the polls.
(b) An absent uniformed services voter or overseas voter is entitled
to vote by mail using the combined absentee registration form and
absentee ballot request approved under 52 U.S.C. 20301(b)(2).
(c) A county shall mail an absentee ballot to a voter under this
section by nonforwardable United States Postal Service mail.
(d) Except as provided in subsection (l), a voter with disabilities
who:
(1) is unable to make a voting mark on the ballot or sign the
absentee ballot secrecy envelope; and
(2) requests that the absentee ballot be delivered to an address
within Indiana;
must vote before an absentee voter board under section 25(b) of this
chapter.
(e) If a voter receives an absentee ballot by mail, the voter shall
personally mark the ballot in secret and seal the marked ballot inside
the envelope provided by the county election board for that purpose.
The voter shall do one (1) of the following:
(1) Deliver the envelope to the county election board in person.
(2) Deliver the sealed envelope to the county election board with
not more than one (1) ballot per envelope, by United States mail
or by a bonded courier company.
(3) Authorize a member of the voter's household, family listed in
IC 3-6-6-7(a)(4), or the individual designated as the voter's
attorney in fact to do one (1) of the following:
(A) Deposit the sealed envelope in the United States mail.
(B) Deliver the sealed envelope in person to the county election
board at:
(i) the office of the circuit court clerk or the office of the
board of elections and registration under section 26 of this
chapter;
(ii) a satellite office of the circuit court clerk designated
under section 26.3 of this chapter; or
(iii) a satellite office of a vote center under IC 3-11-18.1-11.
A voter who delivers the sealed envelope under this clause may
request a replacement absentee ballot under IC 3-11.5-4-2 and
cast a replacement absentee ballot at an office or vote center
described in items (i) through (iii).
(f) A county election board shall reject an absentee ballot deposited
in a drop box or other container or location that is not under the
physical control and supervision of the county election board when the
ballot is deposited.
(g) If a drop box or other container is located in a building under the
control of a political subdivision in which a document may be
deposited for other purposes related to the office of the circuit court
clerk or an office of any other political subdivision, the political
subdivision in control of the drop box or container shall post a notice
on or in a prominent location adjacent to the drop box or container
saying substantially as follows: "Do not deposit a voted absentee ballot
into this box or container. The absentee ballot will not be counted.".
(h) If an absentee ballot is deposited into a box or container in
violation of subsection (f) or (g), the county election board shall mark
the absentee ballot security envelope as rejected and, if possible,
promptly notify the individual whose name appears on the security
envelope containing the absentee ballot.
(i) If a member of the voter's household, family listed in IC 3-6-6-7(a)(4), or the voter's attorney in fact delivers the sealed envelope
containing a voter's absentee ballot to the county election board, the
individual delivering the ballot shall complete an affidavit in a form
prescribed by the election division. The affidavit must contain the
following information:
(1) The name and residence address of the voter whose absentee
ballot is being delivered.
(2) A statement of the full name, residence and mailing address,
and daytime and evening telephone numbers (if any) of the
individual delivering the absentee ballot.
(3) A statement indicating whether the individual delivering the
absentee ballot is a member of the voter's household, family listed
in IC 3-6-6-7(a)(4), or is the attorney in fact for the voter. If the
individual is the attorney in fact for the voter, the individual must
attach a copy of the power of attorney for the voter, unless a copy
of this document has already been filed with the county election
board.
(4) The date and location at which the absentee ballot was
delivered by the voter to the individual delivering the ballot to the
county election board.
(5) A statement that the individual delivering the absentee ballot
has complied with Indiana laws governing absentee ballots.
(6) A statement that the individual delivering the absentee ballot
is executing the affidavit under the penalties of perjury.
(7) A statement setting forth the penalties for perjury.
(j) The county election board shall record the date and time that the
affidavit under subsection (i) was filed with the board.
(k) After a voter has mailed or delivered an absentee ballot to the
office of the county election board, the voter may not recast a ballot,
except as provided in IC 3-11-4-17.7, IC 3-11.5-4-2, and IC 3-11.5-4-21.
(l) A voter with print disabilities may vote by using the system
developed by the secretary of state under IC 3-11-4-6(k).
[Pre-1986 Recodification Citation: 3-1-22-3 part.]

Legislative History

As added by P.L.5-1986, SEC.7. Amended by P.L.4-1991, SEC.96; P.L.3-1995, SEC.106; P.L.3-1997, SEC.305; P.L.38-1999, SEC.46; P.L.126-2002, SEC.70; P.L.103-2005, SEC.12; P.L.120-2009, SEC.8; P.L.225-2011, SEC.61; P.L.235-2015, SEC.1; P.L.169-2015, SEC.119; P.L.278-2019, SEC.94; P.L.109-2021, SEC.30; P.L.227-2023, SEC.83.