§ 3-11-4-3 — Time periods during which an application for absentee ballot may be received; forwarding application to county where voter is registered to vote

(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) Except as provided in subsection (e) and section 6 of this
chapter, an absentee ballot application must be received by the clerk
not earlier than the date the registration period resumes under IC 3-7-13-10.
(c) An absentee ballot application must be received by the clerk not
later than the following:
(1) Noon on election day if the voter registers to vote under IC 3-7-36-14.
(2) Noon on the day before election day if the voter:
(A) completes the application in the office of the circuit court
clerk under IC 3-11-10-26; or
(B) is an absent uniformed services voter or overseas voter who
requests that the ballot be transmitted by electronic mail or fax
under section 6(h) of this chapter.
(3) Noon on the day before election day if:
(A) the application is mailed, transmitted by electronic mail or
fax, or hand delivered from a confined voter or voter caring for
a confined person; and
(B) the applicant requests that the absentee ballots be delivered
to the applicant by an absentee voter board under IC 3-11-10-25.
(4) 11:59 p.m. twelve (12) days before election day if the
application is:
(A) a mailed application;
(B) transmitted by electronic mail;
(C) transmitted by fax; or
(D) hand delivered;
from other voters who request to vote by mail under IC 3-11-10-24 or for a voter with print disabilities to vote by
electronic mail or fax under section 6(h) of this chapter.
(d) An application for an absentee ballot received by the election
division by the time and date specified by subsection (c)(2)(B), (c)(3),
or (c)(4) is considered to have been timely received for purposes of
processing by the county. The election division shall immediately
transmit the application to the clerk of the county where the applicant
resides. The election division is not required to complete or file the
affidavit required under section 2(m) of this chapter whenever the
election division transmits an application under this subsection.
(e) If the circuit court clerk receives an absentee ballot application
for a voter that is not registered to vote in the county where the clerk
serves, the clerk shall forward the application, on an expedited basis,
to the circuit court clerk of the county where the voter is registered to
vote. The circuit court clerk that receives the application on an
expedited basis shall consider the application as filed on the date and
time it was filed with the clerk that forwarded the application.
(f) An application for an absentee ballot for the election may not be
received by the clerk before December 1 of the year before the election.
[Pre-1986 Recodification Citation: 3-1-22-2 part.]

Legislative History

As added by P.L.5-1986, SEC.7. Amended by P.L.14-1987, SEC.1; P.L.3-1987, SEC.224; P.L.10-1988, SEC.103; P.L.5-1989, SEC.50; P.L.7-1990, SEC.41; P.L.12-1992, SEC.8; P.L.8-1992, SEC.17; P.L.3-1997, SEC.273; P.L.38-1999, SEC.38; P.L.176-1999, SEC.67; P.L.126-2002, SEC.49; P.L.1-2003, SEC.3; P.L.14-2004, SEC.102; P.L.103-2005, SEC.3; P.L.66-2010, SEC.10; P.L.225-2011, SEC.54; P.L.219-2013, SEC.33; P.L.169-2015, SEC.97; P.L.201-2017, SEC.27; P.L.283-2019, SEC.1; P.L.109-2021, SEC.20; P.L.105-2022, SEC.44; P.L.115-2022, SEC.3; P.L.131-2022, SEC.3; P.L.140-2023, SEC.3; P.L.170-2023, SEC.15; P.L.227-2023, SEC.75; P.L.153-2024, SEC.11.