§ 3-11-10-26.4 — Ballot not cast by voter at circuit court clerk's office or satellite office; procedure for handling ballot

Indiana § 3-11-10-26.4

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

Text

4. (a) This section applies to voting under
section 26, 26.2, or 26.3 of this chapter.
(b) After voting, a voter shall leave the office or satellite office.
(c) If a voter leaves the booth without casting a ballot, an absentee
voter board member or the circuit court clerk's office shall do both of
the following:
(1) Attempt to advise the voter not to leave the clerk's office or
satellite office because the voter's ballot has not been cast.
(2) Permit the voter to return to the booth to complete the process
of casting the voter's ballot.
(d) This subsection applies to a voter who has been provided a paper
absentee ballot or optical scan ballot card absentee ballot. If the voter
has left the clerk's office or satellite office, or declines to return to the
booth, the absentee voter board members shall do the following:
(1) Enter into the booth and place the voter's ballot inside the
envelope provided or fold the ballot as described in IC 3-11-13-18(b)(1).
(2) Transfer or deposit the envelope or folded ballot to the
location where previously cast absentee ballots have been
secured.
(3) Promptly complete a form prescribed under IC 3-5-4-8
containing the following information:
(A) The name of the voter who left the clerk's office or satellite
office without completing the process of casting a ballot if the
voter's name is known.
(B) The approximate time that the voter left the clerk's office or
satellite office.
(C) Whether the voter was advised that the voter could return
to the booth to complete the casting of the ballot.
(D) A statement made under the penalties for perjury indicating
that:
(i) the absentee voter board members jointly transferred or
deposited the envelope or folded ballot in the location where
previously cast absentee ballots had been secured; and
(ii) the absentee voter board members (and any other person)
did not make any alterations to the choices made by the voter.
The form must be signed by both members of the absentee voter
board.
(e) This subsection applies to a voter who has been provided an
electronic voting system to cast an absentee ballot. If the voter has left
the clerk's office or satellite office, or declines to return to the booth,
the absentee voter board members shall:
(1) enter into the booth;
(2) complete the process of casting the ballot for the voter; and
(3) complete the form described in subsection (d)(3).
(f) After the voter's ballot has been transferred or deposited under
subsection (d) or cast under subsection (e), the absentee voter board
shall indicate on the electronic poll book or in the statewide voter
registration system that the voter has cast an absentee ballot.

Legislative History

As added by P.L.108-2021, SEC.9. Amended by P.L.193-2021, SEC.46.