Indiana § 3-11-10-26.2 Use of electronic voting system to vote by absentee ballot; procedure

Indiana Statutes

§ 3-11-10-26.2 — Use of electronic voting system to vote by absentee ballot; procedure

Indiana § 3-11-10-26.2

Art. 11VOTING METHODS, SUPPLIES, AND

Ch. 10Voting by Absentee Ballot

This text of Indiana § 3-11-10-26.2 (Use of electronic voting system to vote by absentee ballot; procedure) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 3-11-10-26.2 (2026).

Text

2.

(a)A county election board or board of elections and registration shall comply with IC 3-11-9-6 by providing an electronic voting system or marking device that produces a marked optical scan ballot for voting by absentee ballot in the office of the circuit court clerk, the board of elections and registration, or a satellite office established under section 26.3 of this chapter, by a voter with disabilities or any other qualified absentee voter who wishes to cast an absentee ballot on the electronic voting system.

(b)The county election board or board of elections and registration may adopt a resolution under this section to authorize the circuit court clerk to use an electronic voting system or marking device that produces a marked optical scan ballot for voting by voters eligible to

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2. (a) A county election board or board of
elections and registration shall comply with IC 3-11-9-6 by providing
an electronic voting system or marking device that produces a marked
optical scan ballot for voting by absentee ballot in the office of the
circuit court clerk, the board of elections and registration, or a satellite
office established under section 26.3 of this chapter, by a voter with
disabilities or any other qualified absentee voter who wishes to cast an
absentee ballot on the electronic voting system.
(b) The county election board or board of elections and registration
may adopt a resolution under this section to authorize the circuit court
clerk to use an electronic voting system or marking device that
produces a marked optical scan ballot for voting by voters eligible to
cast an absentee ballot before an absentee board under section 25 of
this chapter. A resolution adopted under this section must be adopted
by the unanimous vote of the board's entire membership.
(c) A county providing absentee ballot voting under this section
must adopt procedures to do the following:
(1) Secure absentee votes cast on an electronic voting system or
marking device that produces a marked optical scan ballot that
provide protection comparable to the protection provided to
absentee votes cast by paper ballot.
(2) Compare the signature on an absentee ballot application (or on
an electronic poll book if no application was executed by the
voter) with the applicant's signature on the applicant's voter
registration record.
(3) Ensure that an invalid ballot (as determined under IC 3-11.5)
is not counted.
(4) Specify how a spoiled absentee ballot is to be canceled in the
direct record electronic voting system if a voter casts and returns
a replacement absentee ballot.
(d) A resolution adopted under this section may contain other
provisions to implement this section that the board considers useful and
that are not contrary to Indiana or federal law.
(e) If a resolution is adopted under this section, the circuit court
clerk may use as many electronic voting machines for recording
absentee votes as the clerk considers necessary, subject to the
resolution adopted by the board.
(f) Notwithstanding any other law, an absentee ballot voted on an
electronic voting system under this section is not required to bear the
seal, signature, and initials prescribed by section 27 of this chapter.
(g) If a resolution is adopted under this section, the procedure for
casting an absentee ballot on an electronic voting system must, except
as provided in this section, be substantially the same as the procedure
for casting an absentee ballot in the office of the circuit court clerk
under section 26 of this chapter.

Legislative History

As added by P.L.69-2003, SEC.6. Amended by P.L.14-2004, SEC.125; P.L.194-2013, SEC.61; P.L.64-2014, SEC.54; P.L.169-2015, SEC.122; P.L.157-2019, SEC.23; P.L.109-2021, SEC.33.