§ 3-11-11-9 — Voting to be private; rights of voter in casting vote

(a) A voter shall mark all ballots while
screened from observation. The exterior of a voting booth or
compartment and each area of the polls must be in plain view of the
precinct election board. Each voting booth or compartment shall be
placed so that a person voting on the opposite side of the railing or a
person on the outside of the polls cannot see or determine how a voter
votes. The inspector, judges, and poll clerks may not remain or allow
any other person to remain in a position or near a position that would
permit them to see or ascertain how a voter votes.
(b) As provided by 52 U.S.C. 21081, a voter casting a paper 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.
[Pre-1986 Recodification Citation: 3-1-23-17(b)
part.]

Legislative History

As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.280; P.L.209-2003, SEC.153; P.L.164-2006, SEC.112; P.L.128-2015, SEC.187.