§ 3-11-10-26 — Voting at circuit court clerk's office, satellite office; time, place, and procedure for voting; absentee uniformed services voters; proof of identification

Indiana § 3-11-10-26

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

Text

(a) This subsection applies to all counties,
except for a county to which IC 3-6-5.2 or IC 3-6-5.6 applies. As an
alternative to voting by mail, a voter is entitled to cast an absentee
ballot before an absentee voter board at any of the following:
(1) One (1) location of the office of the circuit court clerk
designated by the circuit court clerk.
(2) A satellite office established under section 26.3 of this
chapter.
(b) This subsection applies to a county to which IC 3-6-5.2 or IC 3-6-5.6 applies. As an alternative to voting by mail, a voter is entitled
to cast an absentee ballot before an absentee voter board at any of the
following:
(1) The office of the board of elections and registration.
(2) A satellite office established under section 26.3 of this
chapter.
(c) Except for a location designated under subsection (a)(1), a
location of the office of the circuit court clerk must be established as
a satellite office under section 26.3 of this chapter in order to be used
as a location at which a voter is entitled to cast an absentee ballot
before an absentee voter board under this section.
(d) The voter must do the following before being permitted to vote:
(1) This subdivision does not apply to a county that uses
electronic poll books for voting under this section. Sign an
application on the form prescribed by the election division under
IC 3-11-4-5.1. The application must be received by the circuit
court clerk not later than the time prescribed by IC 3-11-4-3.
(2) This subdivision applies only to a county that uses electronic
poll books for voting under this section and in which the ballot is
cast on an electronic voting system. The voter must do the
following:
(A) If the county election board has prescribed an affidavit
under subsection (e) that includes a unique identifier to comply
with section 26.2(c)(3) of this chapter, make and subscribe to
the affidavit.
(B) Sign the electronic poll book.
(C) Provide proof of identification.
(3) This subdivision applies only to a county that uses electronic
poll books for voting under this section and in which the ballot is
cast on an optical scan voting system. The voter must do the
following:
(A) Sign the electronic poll book.
(B) Provide proof of identification.
(C) Sign the affidavit prescribed by section 29 of this chapter.
(e) The county election board may:
(1) prescribe an affidavit that includes a unique identifier; or
(2) establish a procedure to produce a document, label, or
electronic record that is associated with each voter and includes
a unique identifier;
to comply with section 26.2(c)(3) of this chapter. After the county
election board approves an affidavit or procedure described in this
subsection and before the affidavit or procedure is used in an election,
the county election board shall file a copy of the affidavit or a brief
description of the procedure with the election division to assist the state
recount commission in conducting proceedings under IC 3-12-11.
(f) The voter may vote before the board not more than twenty-eight
(28) days nor later than noon on the day before election day. If the
close of a voter registration period is transferred under IC 3-5-4-1.5
from twenty-nine (29) days to a later date due to the Columbus Day
holiday, the voter may vote before the board on the first day following
the day on which the voter registration period closes.
(g) An absent uniformed services voter who is eligible to vote by
absentee ballot in the circuit court clerk's office under IC 3-7-36-14
may vote before the board not earlier than twenty-eight (28) days
before the election and not later than noon on election day. If the close
of a voter registration period is transferred under IC 3-5-4-1.5 from
twenty-nine (29) days to a later date due to the Columbus Day holiday,
the voter may vote before the board on the first day following the day
on which the voter registration period closes. If a voter described by
this subsection wishes to cast an absentee ballot during the period
beginning at noon on the day before election day and ending at noon on
election day, the county election board or absentee voter board may
receive and process the ballot at a location designated by resolution of
the county election board.
(h) The absentee voter board in the office of the circuit court clerk
must permit voters to cast absentee ballots under this section for at
least seven (7) hours on each of the two (2) Saturdays preceding
election day. However, the county election board may adopt a
resolution authorizing the circuit court clerk to:
(1) use the office of the circuit court clerk designated in
subsection (a)(1); or
(2) establish a satellite office under section 26.3 of this chapter;
to permit voters to cast absentee ballots under this section for at least
four (4) hours on the third Saturday preceding election day.
(i) Notwithstanding subsection (h), in a county with a population of
less than twenty thousand (20,000), the absentee voter board in the
office of the circuit court clerk, with the approval of the county election
board, may reduce the number of hours available to cast absentee
ballots under this section to a minimum of four (4) hours on each of the
two (2) Saturdays preceding election day.
(j) As provided by 52 U.S.C. 21081, a voter casting an absentee
ballot under this section must be:
(1) permitted to verify in a private and independent manner the
votes selected by the voter before the ballot is cast and counted;
(2) provided with the opportunity to change the ballot or correct
any error in a private and independent manner before the ballot is
cast and counted, including the opportunity to receive a
replacement ballot if the voter is otherwise unable to change or
correct the ballot; and
(3) notified before the ballot is cast regarding the effect of casting
multiple votes for the office and provided an opportunity to
correct the ballot before the ballot is cast and counted.
(k) As provided by 52 U.S.C. 21081, when an absentee ballot is
provided under this section, the board must also provide the voter with:
(1) information concerning the effect of casting multiple votes for
an office; and
(2) instructions on how to correct the ballot before the ballot is
cast and counted, including the issuance of replacement ballots.
(l) If:
(1) the voter is unable or declines to present the proof of
identification; or
(2) a member of the board determines that the proof of
identification provided by the voter does not qualify as proof of
identification under IC 3-5-2.1-84;
the voter shall be permitted to cast a provisional ballot.
(m) This subsection applies to a voter who casts an absentee ballot
that is treated as a provisional ballot under subsection (l). The board
shall provide the voter, both orally and in writing, an explanation of
what actions, if any, the voter must take in order to have the voter's
ballot counted. The election division shall prescribe the form of the
explanation required by this subsection.
(n) A voter casting an absentee ballot under this section is entitled
to cast the voter's ballot in accordance with IC 3-11-9.
(o) The following apply in a primary election:
(1) A voter entitled to cast an absentee ballot before an absentee
voter board under this section shall mark the voter's political party
ballot selection on the electronic poll book instead of
communicating the selection to the poll clerks.
(2) A voter casting an absentee ballot under this chapter may not
change the voter's choice of the voter's political party after the
voter has been mailed or otherwise provided with a primary ballot
containing the candidates of that party.
[Pre-1986 Recodification Citation: 3-1-22-21(b)
part.]

Legislative History

As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.265; P.L.5-1989, SEC.57; P.L.4-1991, SEC.98; P.L.8-1992, SEC.27; P.L.3-1995, SEC.107; P.L.2-1996, SEC.185; P.L.3-1997, SEC.307; P.L.167-2001, SEC.7 and P.L.199-2001, SEC.23; P.L.126-2002, SEC.72; P.L.209-2003, SEC.147; P.L.14-2004, SEC.124; P.L.103-2005, SEC.14; P.L.164-2006, SEC.109; P.L.66-2010, SEC.24; P.L.225-2011, SEC.62; P.L.194-2013, SEC.60; P.L.258-2013, SEC.78; P.L.128-2015, SEC.183; P.L.169-2015, SEC.121; P.L.71-2017, SEC.1; P.L.157-2019, SEC.22; P.L.278-2019, SEC.95; P.L.109-2021, SEC.32; P.L.118-2021, SEC.1; P.L.193-2021, SEC.45; P.L.115-2022, SEC.7; P.L.186-2025, SEC.27; P.L.240-2025, SEC.27.