§ 3-11.5-4-13.6 — Absentee ballot signature comparison; missing signature; procedure; affidavit of unsigned ballot

Indiana § 3-11.5-4-13.6

• Jurisdiction: Indiana
• Art. 11.5: COUNTING ABSENTEE BALLOTS
• Ch. 4: General Procedures for Counties

Text

6. (a) This section applies to an absentee
ballot where there is a finding that the voter's signature on the absentee
ballot security envelope affidavit is missing and therefore does not
correspond to the signature on the voter's absentee ballot application or
electronic poll book.
(b) Section 13.5(c), 13.5(d), 13.5(e), and 13.5(g) of this chapter
apply to this section.
(c) The county election board or board of elections and registration
shall not reject an absentee ballot with a missing security envelope
signature if any of the following conditions are satisfied and the county
election board or board of elections and registration determines that the
unsigned absentee ballot affidavit is truthful and otherwise in
compliance with this section:
(1) The voter delivers:
(A) in person;
(B) by mail;
(C) by facsimile; or
(D) by electronic mail;
an affidavit of unsigned ballot that is signed by the voter, and the
county election board or board of elections and registration
receives the affidavit not later than noon eight (8) days after
election day.
(2) Before the close of the polls on election day, the voter
completes and files an affidavit of unsigned ballot with the
inspector or other chief election official of the precinct or vote
center within the county. The inspector or vote center official
shall forward the affidavit of unsigned ballot to the county
election board or board of elections and registration with the other
materials from the precinct.
(3) The voter delivers an affidavit of unsigned ballot that is signed
by the voter to an absentee voter board at a circuit court clerk's
office or satellite location during the period of early voting
described in IC 3-11-10-26.
(d) Upon receipt of the affidavit of unsigned ballot, the county
election board or county board of elections and registration shall open
the provisional ballot envelope to access the voter's absentee ballot
security envelope to:
(1) compare the signature on the affidavit of unsigned ballot with
the most recent signature on the voter's registration record in the
statewide voter registration system, or the signature on the
absentee ballot application; or
(2) if the ballot is for a military or overseas voter who transmitted
the ballot by facsimile or electronic mail, compare the affidavit
found under IC 3-11-4-6(h) and, if applicable, the signature found
in the voter's registration record or the signature on the absentee
ballot application.
(e) If, upon conducting the comparison of the signatures, the board
determines that the signatures match and there are no other challenges
that have been made to the ballot, the board shall open the absentee
ballot security envelope and add the votes cast on the ballot to the tally
for the voter's precinct.
(f) If, upon conducting the comparison of the signatures, the board
determines that the signatures are mismatched, the voter's absentee
ballot security envelope shall not be opened and the ballot may not be
counted. The board shall write "this ballot has been rejected because
of a mismatched signature" on the face of the security envelope. The
provisional ballot envelope must be resealed and the status of the
rejected ballot must be set forth under the "County Election Board
Findings" on the affidavit.
(g) The affidavit of unsigned ballot shall be prescribed by the
election division under IC 3-5-4-8, shall be produced from the
computerized list established under IC 3-7-26.3, must be in
substantially the following form, and may be included on the same
page as the notice and instructions:
I, [voter's name], am a registered voter of [voter's county of
residence] County, State of Indiana. I declare under the penalties
of perjury that I requested and returned an absentee ballot. I am
a resident of the precinct in which I have voted (or I am entitled
to vote in this precinct under Indiana law), and I am the person
whose name appears on the absentee ballot envelope. I understand
that if I commit or attempt any fraud in connection with voting, or
if I aid or abet fraud or attempt to aid or abet fraud in connection
with voting, I may be convicted of a felony punishable by
imprisonment, a fine, or both. I understand that my failure to sign
this statement means that my absentee ballot will not be counted.
The computerized list shall preprint the name of the voter in the
appropriate parts of the affidavit.
(h) The following instructions, prescribed by the election division
under IC 3-5-4-8 and produced from the computerized list established
under IC 3-7-26.3, shall accompany the affidavit of unsigned ballot in
substantially the following form:
NOTICE FROM COUNTY ELECTION BOARD
REGARDING AN AFFIDAVIT OF UNSIGNED BALLOT FOR
ABSENTEE BALLOT
Read these instructions carefully before completing the statement.
Failure to follow these instructions may cause your ballot to not
be counted.
(1) We have determined that your signature is missing on your
absentee ballot security envelope. To ensure that your absentee
ballot will be counted, you must complete and return an
affidavit of unsigned ballot.
(2) Your affidavit of unsigned ballot must be received by the
county election board or board of elections and registration not
later than noon, local prevailing time, eight (8) days after the
election, with the statement specifying the day on which the
eighth day after the election will fall.
(3) You must sign your name where specified on the affidavit
of unsigned ballot.
(4) Place the affidavit of unsigned ballot into a mailing
envelope addressed to your county election official. Mail, hand
deliver, or have your completed affidavit delivered to the board.
Be sure to include sufficient postage if mailed, and include the
address of the county election board provided below.
(5) If you do not wish to send your affidavit of unsigned ballot
by mail or have it hand delivered, you may submit your
completed affidavit by electronic mail or facsimile transmission
to the county election board using the following information
provided by your county [insert county electronic mail address
and facsimile number].
(6) Include your name on the affidavit.
(i) A ballot may not be removed from the security envelope until the
time for processing the ballot.
(j) Except where clearly inapplicable under IC 3-11.7, an unsigned
absentee ballot security envelope is to be treated as a provisional ballot
and is subject to the same confidentiality restrictions under IC 3-11.7-6-3. The affidavit of unsigned ballot and the signature
verification statement executed by the voter are confidential under IC 3-11.7-6-3.

Legislative History

As added by P.L.109-2021, SEC.62. Amended by P.L.153-2024, SEC.20.