§ 3-11-13-29 — Instructions to voters; location of instructions; rights of voter in casting ballot

(a) In addition to the instructions printed on
the ballot card or ballot labels, instructions to voters shall be posted in
each voting booth or placed on the marking device. Each voter shall be
instructed by both judges, on request, on how to operate the voting
device before the voter enters the voting booth.
(b) The instructions posted in the voting booth or placed on the
marking device must state the following:
(1) That the voter should examine the ballot card to determine
whether the back of the ballot card has:
(A) the initials of the poll clerks in ink; or
(B) the printed initials of the poll clerks, in a vote center county
using an electronic poll list and a printer separate from the
electronic poll list that prints on the back of each ballot card,
immediately before the ballot card is delivered to the voter, the
printed initials of the poll clerks captured through the electronic
signature pad or tablet at the time the poll clerks log into the
electronic poll book system.
(2) That the voter should not make an unnecessary mark on the
ballot card because the mark may void the card.
(3) That the voter should examine the ballot card to determine if
the card has any mark (other than the initials of the poll clerks)
before voting.
(4) That the voter should return the ballot card to the poll clerks
and request another ballot card if:
(A) the poll clerks' initials have not been properly placed on the
card;
(B) the card has a mark (other than the initials of the poll
clerks) before the voter places a voting mark on the ballot; or
(C) the voter has improperly marked the card.
(5) That the voter should examine the ballot card after voting to
determine that all marks made on the card to indicate the voter's
selections have been completely marked.
(c) As provided by 52 U.S.C. 21081, a voter casting an optical scan
ballot card 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 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: 3-2-4-4(e) part.]

Legislative History

As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.315; P.L.209-2003, SEC.160; P.L.221-2005, SEC.84; P.L.164-2006, SEC.116; P.L.55-2014, SEC.8; P.L.128-2015, SEC.192.