§ 3-11-13-11 — Ballot information; arrangement

Indiana § 3-11-13-11

• Jurisdiction: Indiana
• Art. 11: VOTING METHODS, SUPPLIES, AND
• Ch. 13: Voting by Ballot Card Voting System

Text

(a) The ballot information, whether placed
on the ballot card or on the marking device, must be in the order of
arrangement provided for ballots under this section.
(b) Each county election board shall have the names of all
candidates for all elected offices, political party offices, and public
questions printed on a ballot card as provided in this chapter. The
county may:
(1) print all offices and questions on a single ballot card; and
(2) include a ballot variation code to ensure that the proper
version of a ballot is used within a precinct.
(c) Each type of ballot card must be of uniform size and of the same
quality and color of paper (except as permitted under IC 3-10-1-17).
(d) The nominees of a political party or an independent candidate
or independent ticket (described in IC 3-11-2-6) nominated by
petitioners shall be listed on the ballot with the name and device set
forth on the certification or petition. The circle containing the device
may be of any size that permits a voter to readily identify the device. IC 3-11-2-5 applies if the certification or petition does not include a name
or device, or if the same device is selected by two (2) or more parties
or petitioners. In the case of a candidate described in IC 3-8-2.5-2.5(a)(5)(C), a blank space after the candidate's name
signifying that the candidate elects not to disclose any affiliation with
a political party or that the candidate:
(1) is not affiliated with a political party; and
(2) does not identify as an independent candidate.
(e) The offices and public questions on the general election ballot
must be placed on the ballot in the order listed in IC 3-11-2-12, IC 3-11-2-12.4, IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a), IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c), IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). The offices and
public questions may be listed in a continuous column either vertically
or horizontally and on a number of separate pages.
(f) The name of each office must be printed in a uniform size in bold
type. A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate:
(1) "Vote for one (1) only.", if only one (1) candidate is to be
elected to the office.
(2) "Vote for not more than (insert the number of candidates to be
elected) candidate(s) for this office. To vote for any candidate for
this office, you must make a voting mark for each candidate you
wish to vote for. A straight party vote will not count as a vote for
any candidate for this office.", if more than one (1) candidate is to
be elected to the office.
(3) "Vote for one (1) only. A straight party vote will not count as
a vote for any candidate for this office.", if only one (1) candidate
is to be elected to a school board office.
(g) Below the name of the office and the statement required by
subsection (f), the names of the candidates for each office must be
grouped together in the following order:
(1) The major political party whose candidate received the highest
number of votes in the county for secretary of state at the last
election is listed first.
(2) The major political party whose candidate received the second
highest number of votes in the county for secretary of state is
listed second.
(3) All other political parties listed in the order that the parties'
candidates for secretary of state finished in the last election are
listed after the party listed in subdivision (2).
(4) If a political party did not have a candidate for secretary of
state in the last election or a nominee is an independent candidate
or independent ticket (described in IC 3-11-2-6), the party or
candidate is listed after the parties described in subdivisions (1),
(2), and (3).
(5) If more than one (1) political party or independent candidate
or ticket described in subdivision (4) qualifies to be on the ballot,
the parties, candidates, or tickets are listed in the order in which
the party filed its petition of nomination under IC 3-8-6-12.
(6) The name of a candidate described in IC 3-8-2.5-2.5(a)(5)(C)
is placed after the candidates listed in subdivisions (1) through
(5), if applicable.
(7) A space for write-in voting is placed after the candidates listed
in subdivisions (1) through (6), if required by law.
(8) The name of a write-in candidate may not be listed on the
ballot.
(h) The names of the candidates grouped in the order established by
subsection (g) must be printed in type with uniform capital letters and
have a uniform space between each name. The name of the candidate's
political party, or the word "Independent" if the:
(1) candidate; or
(2) ticket of candidates for:
(A) President and Vice President of the United States; or
(B) governor and lieutenant governor;
is independent, must be placed immediately below or beside the name
of the candidate and must be printed in a uniform size and type. In the
case of a candidate described in IC 3-8-2.5-2.5(a)(5)(C), the name of
the candidate must be printed with a blank space after the candidate's
name signifying that the candidate elects not to disclose any affiliation
with a political party or that the candidate is not affiliated with a
political party and does not identify as an independent candidate.
(i) All the candidates of the same political party for election to
at-large seats on the fiscal or legislative body of a political subdivision
must be grouped together:
(1) under the name of the office that the candidates are seeking;
(2) in the order established by subsection (g); and
(3) within the political party, in alphabetical order according to
surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) of ANY party for this office.".
(j) Candidates for election to at-large seats on the governing body
of a school corporation must be grouped:
(1) under the name of the office that the candidates are seeking;
and
(2) in alphabetical order according to surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office. A straight party
vote will not count as a vote for any candidate for this office.".
(k) The following information must be placed at the top of the ballot
before the first public question is listed:
(1) The cautionary statement described in IC 3-11-2-7.
(2) The instructions described in IC 3-11-2-8, IC 3-11-2-10(d),
and IC 3-11-2-10(e).
(l) The ballot must include a single connectable arrow, circle, oval,
or square, or a voting position for voting a straight party ticket by one
(1) mark as required by section 14 of this chapter, and the single
connectable arrow, circle, oval, or square, or the voting position for
casting a straight party ticket ballot must be identified by:
(1) the name of the political party; and
(2) immediately below or beside the political party's name, the
device of that party (described in IC 3-11-2-5).
The name and device of each political party must be of uniform size
and type and arranged in the order established by subsection (g) for
listing candidates under each office. The instructions described in IC 3-11-2-10(c) for voting a straight party ticket and the statement
concerning presidential electors required under IC 3-10-4-3 must be
placed on the ballot label. The instructions for voting a straight party
ticket must include the statement: "If you do not wish to vote a straight
party ticket, do not make a mark in this section and proceed to voting
the ballot by office.".
(m) A public question must be in the form described in IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a single connectable
arrow, a circle, or an oval may be used instead of a square. Except as
expressly authorized or required by statute, a county election board
may not print a ballot card that contains language concerning the public
question other than the language authorized by a statute.
(n) The requirements in this section:
(1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to optical scan ballots.
(o) The procedure described in IC 3-11-2-16 must be used when a
ballot does not comply with the requirements imposed by this title or
contains another error or omission that might result in confusion or
mistakes by voters.
(p) This subsection applies to an optical scan ballot that does not
list:
(1) the names of political parties or candidates; or
(2) the text of public questions;
on the face of the ballot. The ballot must be prepared in accordance
with this section, except that the ballot must include a numbered circle
or oval to refer to each political party, candidate, or public question.
[Pre-1986 Recodification Citation: 3-2-4-4(c) part.]

Legislative History

As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.307; P.L.58-2005, SEC.19; P.L.164-2006, SEC.114; P.L.190-2011, SEC.10; P.L.194-2013, SEC.67; P.L.21-2016, SEC.16; P.L.278-2019, SEC.104; P.L.141-2020, SEC.12; P.L.109-2021, SEC.45; P.L.193-2021, SEC.50; P.L.227-2023, SEC.95; P.L.9-2024, SEC.23; P.L.195-2025, SEC.10.