§ 3-11-4-17.6 — Procedures for defective absentee ballot applications; providing and receiving absentee ballot

Indiana § 3-11-4-17.6

• Jurisdiction: Indiana
• Art. 11: VOTING METHODS, SUPPLIES, AND
• Ch. 4: Eligibility and Application for Absentee Ballot

Text

6. (a) For purposes of this section, "clerk"
means:
(1) the circuit court clerk; or
(2) in a county subject to IC 3-6-5.2 or IC 3-6-5.6, the director of
the board of elections and registration.
(b) This subsection applies to an application to receive an absentee
ballot by mail under IC 3-11-10-24 that is received by the clerk twelve
(12) or more days before election day. If the clerk determines that the
application does not fully comply with the requirements of this title, the
clerk shall transmit the following to the applicant:
(1) An application for an absentee ballot.
(2) A written notice prescribed by the election division under IC 3-5-4-8 that includes:
(A) a brief explanation of each defect in the noncompliant
application;
(B) a statement informing the voter that the voter is not entitled
to vote before election day by absentee ballot unless the
application complies with all legal requirements; and
(C) instructions for submitting a second application for an
absentee ballot.
(c) This subsection applies to an application to receive an absentee
ballot by mail under IC 3-11-10-24 that is received by the clerk:
(1) after 11:59 p.m. twelve (12) days before election day; and
(2) before noon on the day before election day.
If the clerk determines that the application does not fully comply with
the requirements of this title, the clerk shall transmit to the applicant a
written notice that includes the information described by subsection
(b)(2)(A) through (b)(2)(B). If applicable, the notice must also include
a statement that the application was late.
(d) This subsection applies to a voter who submits a defective
application to receive an absentee ballot that is received by the clerk
before the deadline for receipt of absentee ballots under section 3 of
this chapter. Notwithstanding the requirement under IC 3-11-10-25(e)
for prior unanimous approval by the county election board, the clerk
may:
(1) deliver a second absentee application in person to a voter
described by this subsection;
(2) approve the second absentee application if the clerk
determines that each defect in the first absentee application has
been corrected; and
(3) if accompanied by an absentee voter board, provide the
absentee ballot to the voter.
(e) After receiving the ballot under subsection (d), the voter may
return the voted absentee ballot:
(1) in person to the absentee voter board; or
(2) to the county election board;
before the deadline for receipt of absentee ballots under IC 3-11.5-4-10.
(f) If a clerk uses the procedure described in subsection (d), the
procedure must be applied uniformly to all applications covered by
subsection (d).

Legislative History

As added by P.L.140-2023, SEC.7. Amended by P.L.153-2024, SEC.13.