(a)A voter who wants to vote by absentee ballot
must apply to the county election board for an absentee ballot. Except
as provided in subsection (b), the voter must sign the absentee ballot
application.
(b)If a voter with disabilities is unable to sign the absentee ballot
application and the voter has not designated an individual to serve as
attorney in fact for the voter, the voter may designate an individual
eligible to assist the voter under IC 3-11-9-2(a) to sign the application
on behalf of the voter and add the individual's name to the application.
If an individual applies for an absentee ballot as the properly
authorized attorney in fact for a voter, the attorney in fact must attach
a copy of the power of attorney to the application and comply with
subsection (d).
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(a) A voter who wants to vote by absentee ballot
must apply to the county election board for an absentee ballot. Except
as provided in subsection (b), the voter must sign the absentee ballot
application.
(b) If a voter with disabilities is unable to sign the absentee ballot
application and the voter has not designated an individual to serve as
attorney in fact for the voter, the voter may designate an individual
eligible to assist the voter under IC 3-11-9-2(a) to sign the application
on behalf of the voter and add the individual's name to the application.
If an individual applies for an absentee ballot as the properly
authorized attorney in fact for a voter, the attorney in fact must attach
a copy of the power of attorney to the application and comply with
subsection (d).
(c) A person may provide an individual with an application for an
absentee ballot with the following information already printed or
otherwise set forth on the application when provided to the individual:
(1) The name of the individual.
(2) The voter registration address of the individual.
(3) The mailing address of the individual.
(4) The date of birth of the individual.
(d) A person may not provide an individual with an application for
an absentee ballot with the following information already printed or
otherwise set forth on the application when provided to the individual:
(1) The address to which the absentee ballot would be mailed, if
different from the voter registration address of the individual.
(2) In a primary election, the major political party ballot requested
by the individual.
(3) In a primary or general election, the types of absentee ballots
requested by the individual.
(4) The reason why the individual is entitled to vote an absentee
ballot:
(A) by mail; or
(B) before an absentee voter board (other than an absentee
voter board located in the office of the circuit court clerk or a
satellite office);
in accordance with section 18 of this chapter, IC 3-11-10-24, or
IC 3-11-10-25.
(5) The voter identification number of the individual.
(e) If the county election board determines that an absentee ballot
application does not comply with subsection (d), the board shall
implement the procedures prescribed by section 17.6 of this chapter.
(f) The following statement must be printed in at least 16 point font
size, underlined, and clearly legible print on the envelope of an
absentee ballot application that a person sends to an individual:
"(Name of person sending the absentee ballot application) has
sent you the enclosed application. This is unsolicited and is not
sent by a state or local election official.".
(g) This subsection:
(1) applies only to an application to be mailed to an individual;
and
(2) does not apply to an application provided to an individual
online.
An agency of the state or a political subdivision may not provide an
individual with an absentee ballot application unless requested by the
individual or a member of the individual's family listed in IC 3-6-6-7(a)(4).
(h) An absentee ballot application must request that the individual
include:
(1) on the individual's ballot application:
(A) either:
(i) the individual's ten (10) digit Indiana driver's license
number issued under IC 9-24-11;
(ii) the individual's ten (10) digit Indiana identification card
number for nondrivers issued under IC 9-24-16; or
(iii) the unique identifying number assigned to the voter's
registration record in the computerized list; and
(B) the last four (4) digits of the voter's Social Security number;
or
(2) with the individual's ballot application, a photocopy of:
(A) the individual's:
(i) driver's license issued under IC 9-24; or
(ii) Indiana identification card for nondrivers issued under IC 9-24-16; or
(B) other proof of identification for the individual under IC 3-5-2.1-84.
Information and documentation described by this subsection that is
included on or with an individual's ballot application is confidential. A
county voter registration office is only required to redact the
confidential information in responding to a public records request
under IC 5-14-3. The application form must state that an applicant may
include only one (1) of the numbers under subdivision (1) or one (1) of
the documents under subdivision (2), but the application may be
delayed if the county election board cannot match at least one (1) of the
numbers described in this subsection with the voter's registration
record.
(i) This subsection applies only to an absentee ballot application
submitted in an electronic format using a module of the computerized
list under IC 3-7-26.3. In order for an individual to access the absentee
ballot application, the individual shall provide one (1) of the following:
(1) The individual's ten (10) digit Indiana driver's license number
issued under IC 9-24-11.
(2) The individual's ten (10) digit Indiana identification card
number for nondrivers issued under IC 9-24-16.
(3) The unique identifying number assigned to the voter's
registration record in the computerized list.
(4) The last four (4) digits of the individual's Social Security
number.
Information described by subdivisions (1) through (4) that is provided
by an individual under this subsection is confidential. A county voter
registration office is only required to redact the confidential
information in responding to a public records request under IC 5-14-3.
(j) The county election board shall implement the procedures
prescribed by section 17.6 of this chapter if the county election board
cannot match at least one (1) of the numbers described in subsection
(h) or (i) with the voter's registration record.
(k) A person who assists an individual in completing any
information described in subsection (d) on an absentee ballot
application shall state under the penalties for perjury the following
information on the application:
(1) The full name, residence and mailing address, and daytime
and evening telephone numbers (if any) of the person providing
the assistance.
(2) The date this assistance was provided.
(3) That the person providing the assistance has complied with
Indiana laws governing the submission of absentee ballot
applications.
(4) That the person has no knowledge or reason to believe that the
individual submitting the application:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
When providing assistance to an individual, the person must, in the
individual's presence and with the individual's consent, provide the
information listed in subsection (d) if the individual is unable to do so.
(l) This subsection does not apply to an employee of the United
States Postal Service or a bonded courier company acting in the
individual's capacity as an employee of the United States Postal Service
or a bonded courier company. A person who receives a completed
absentee ballot application from the individual who has applied for the
absentee ballot shall indicate on the application the date the person
received the application, and file the application with the appropriate
county election board or election division not later than:
(1) noon ten (10) days after the person receives the application;
or
(2) the deadline set by Indiana law for filing the application with
the board;
whichever occurs first. The election division, a county election board,
or a board of elections and registration shall forward an absentee ballot
application to the county election board or board of elections and
registration of the county where the individual resides.
(m) This subsection does not apply to an employee of the United
States Postal Service or a bonded courier company acting in the
individual's capacity as an employee of the United States Postal Service
or a bonded courier company, or to the election division, a county
election board, or a board of elections and registration. A person filing
an absentee ballot application, other than the person's own absentee
ballot application, must include an affidavit with the application. The
affidavit must be signed by the individual who received the completed
application from the applicant. The affidavit must be in a form
prescribed by the election division. The form must include the
following:
(1) A statement of the full name, residence and mailing address,
and daytime and evening telephone numbers (if any) of the person
submitting the application.
(2) A statement that the person filing the affidavit has complied
with Indiana laws governing the submission of absentee ballot
applications.
(3) The date (or dates) that the absentee ballot applications
attached to the affidavit were received.
(4) A statement that the person has no knowledge or reason to
believe that the individual whose application is to be filed:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(5) A statement that the person is executing the affidavit under the
penalties of perjury.
(6) A statement setting forth the penalties for perjury.
(n) The county election board shall record the date and time of the
filing of the affidavit.
[Pre-1986 Recodification Citation: 3-1-22-2 part.]