§ 3-11-13-33 — Processing voted ballot; poll list entry of voting; procedure for handling ballot not cast by voter

(a) After a voter has marked a ballot card,
the voter shall place it inside the envelope provided for this purpose or
fold the ballot described in section 18(b)(1) of this chapter and return
the ballot card to the judge.
(b) The judge shall offer to return the envelope with the ballot card
inside to the voter. The voter shall:
(1) accept the envelope and deposit it in the ballot box; or
(2) decline the envelope and require the judge to deposit it in the
ballot box.
(c) If a voter offers to vote a ballot card that is not inside the
envelope provided for this purpose or with the ballot not folded as
described in section 18(b)(1) of this chapter, the precinct election board
shall direct the voter to return to the booth and place the ballot card in
the envelope provided for this purpose or fold the ballot. After voting,
a voter shall leave the polls.
(d) If a voter leaves the booth without casting a ballot, a precinct
election official shall:
(1) attempt to advise the voter not to leave the polls because the
voter's ballot has not been cast; and
(2) permit the voter to return to the booth to complete the process
of casting the voter's ballot.
(e) If the voter has left the polls, or declines to return to the booth,
the inspector shall direct both judges to 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 section
18(b)(1) of this chapter.
(2) Give the envelope or folded ballot to the inspector.
The inspector shall then deposit the voter's ballot in the ballot box.
(f) After the voter's ballot has been deposited in the ballot box, the
judges and the inspector shall promptly complete a form prescribed
under IC 3-5-4-8 containing the following information:
(1) The name of the voter who left the polls without completing
the process of casting a ballot if the voter's name is known.
(2) The approximate time that the voter left the polls.
(3) Whether the voter was advised that the voter could return to
the booth to complete the casting of the ballot.
(4) A statement made under the penalties for perjury indicating
that:
(A) the judges gave the voter's ballot to the inspector;
(B) the inspector deposited the voter's ballot in the ballot box;
and
(C) the judges and the inspector did not make any alteration to
the choices made by the voter.
The form must be signed by both judges and the inspector.
(g) After a voter's ballot cards have been deposited in the ballot box,
the poll clerks shall make a voting mark after the voter's name on the
poll list.
[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.321; P.L.4-1996, SEC.71; P.L.38-1999, SEC.49; P.L.176-1999, SEC.90; P.L.239-2001, SEC.13; P.L.221-2005, SEC.87; P.L.278-2019, SEC.109; P.L.156-2020, SEC.3.