Indiana § 3-11.5-4-13 Rejection of absentee ballots

Indiana Statutes

§ 3-11.5-4-13 — Rejection of absentee ballots

Indiana § 3-11.5-4-13

Art. 11.5COUNTING ABSENTEE BALLOTS

Ch. 4General Procedures for Counties

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Bluebook

Ind. Code § 3-11.5-4-13 (2026).

Text

(a)If the absentee ballot counters find under section 11 of this chapter that any of the following applies, the ballots shall be rejected:

(1)The affidavit is insufficient or that the ballot has not been endorsed with the initials of:

(A)the two (2) members of the absentee voter board in the office of the clerk of the circuit court under IC 3-11-4-19 or IC 3-11-10-27;

(B)the two (2) members of the absentee voter board visiting the voter under IC 3-11-10-25; or

(C)the two (2) appointed members of the county election board or their designated representatives under IC 3-11-4-19. A scantron complies with the endorsement requirement under this subdivision if the scantron is endorsed with the initials of two (2) members under clause (A), (B), or (C). An affidavit that does not contain an ac

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(a) If the absentee ballot counters find under
section 11 of this chapter that any of the following applies, the ballots
shall be rejected:
(1) The affidavit is insufficient or that the ballot has not been
endorsed with the initials of:
(A) the two (2) members of the absentee voter board in the
office of the clerk of the circuit court under IC 3-11-4-19 or IC 3-11-10-27;
(B) the two (2) members of the absentee voter board visiting the
voter under IC 3-11-10-25; or
(C) the two (2) appointed members of the county election board
or their designated representatives under IC 3-11-4-19.
A scantron complies with the endorsement requirement under this
subdivision if the scantron is endorsed with the initials of two (2)
members under clause (A), (B), or (C). An affidavit that does not
contain an accurate date of signature is insufficient for purposes
of this subdivision.
(2) The signatures do not correspond or there is no signature, and
the signature mismatch or missing signature is not cured by the
deadline established under section 13.5 or 13.6 of this chapter.
(3) The absentee voter is not a qualified voter in the precinct.
(4) The absentee voter has voted in person at the election.
(5) The absentee voter has not registered.
(6) The ballot is open or has been opened and resealed. This
subdivision does not permit an absentee ballot transmitted by fax
or electronic mail under IC 3-11-4-6 to be rejected because the
ballot was sealed in the absentee ballot envelope by the individual
designated by the circuit court to receive absentee ballots
transmitted by fax or electronic mail.
(7) The ballot envelope contains more than one (1) ballot of any
kind for the same office or public question.
(8) In case of a primary election, if the absentee voter has not
previously voted, the voter failed to execute the proper
declaration relative to age and qualifications and the political
party with which the voter intends to affiliate.
(9) The ballot has been challenged and there is no absentee ballot
application from the voter to support the absentee ballot.
(b) Subsection (c) applies whenever a voter with a disability is
unable to make a signature:
(1) on an absentee ballot application that corresponds to the
voter's signature in the records of the county voter registration
office; or
(2) on an absentee ballot security envelope that corresponds with
the voter's signature:
(A) in the records of the county voter registration office; or
(B) on the absentee ballot application.
(c) The voter may request that the voter's signature or mark be
attested to by any of the following:
(1) The absentee voter board under section 22 of this chapter.
(2) A member of the voter's household.
(3) An individual serving as attorney in fact for the voter.
(d) An attestation under subsection (c) provides an adequate basis
for the absentee ballot counters to determine that a signature or mark
complies with subsection (a)(2).
(e) If the absentee ballot counters are unable to agree on a finding
described under this section or section 12 of this chapter, the county
election board shall make the finding.
(f) This subsection does not apply to an absentee ballot rejected
under this section based on a finding that the voter's signature on the
absentee ballot security envelope affidavit does not correspond to any
signature on the voter's absentee ballot application. The absentee ballot
counters or county election board shall issue a certificate to a voter
whose ballot has been rejected under this section if the voter appears
in person before the board not later than 5 p.m. on election day. The
certificate must state that the voter's absentee ballot has been rejected
and that the voter may vote in person under section 21 of this chapter
if otherwise qualified to vote.

Legislative History

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.38-1999, SEC.53; P.L.126-2002, SEC.85; P.L.1-2003, SEC.6; P.L.14-2004, SEC.139; P.L.198-2005, SEC.13; P.L.194-2013, SEC.73; P.L.157-2019, SEC.32; P.L.109-2021, SEC.60; P.L.227-2023, SEC.116; P.L.153-2024, SEC.18; P.L.241-2025, SEC.18.