§ 3-11.7-5-1.5 — Provisional ballot; counting when ballot made invalid by mistake or inadvertence of election officer; when election board may determine not to count

Indiana § 3-11.7-5-1.5

• Jurisdiction: Indiana
• Art. 11.7: PROVISIONAL VOTING
• Ch. 5: Counting Provisional Ballots

Text

5. (a) Subsection (c) applies to a provisional
ballot that the county election board determines, by a majority vote of
its members and in accordance with this title:
(1) has been marked and cast by a voter in compliance with this
title; but
(2) may not otherwise be counted solely as the result of the act or
failure to act of an election officer.
(b) Subsection (c) does not apply to either of the following:
(1) A provisional ballot cast by an individual who seeks to vote in
an election as the result of a court or other order extending the
time established for closing the polls under IC 3-11-8-8 if the
county election board determines or is directed under a court or
other order that all provisional ballots issued after regular poll
closing hours are not to be counted.
(2) A provisional ballot that is required to be rejected by a county
election board under section 2(b) of this chapter as the result of
information or lack of information provided by a voter registration
agency.
(c) The sealed envelope containing a provisional ballot described in
subsection (a) shall nevertheless be opened under section 4 of this
chapter and the provisional ballot counted unless evidence of fraud,
tampering, or misconduct affecting the integrity of the ballot is
demonstrated. The act or failure to act by an election officer is not by
itself evidence of fraud, tampering, or misconduct affecting the
integrity of the ballot.
(d) Notwithstanding subsection (c), if the county election board, by
a majority vote of its members, determines that there is evidence
presented to the board demonstrating that the individual who cast the
provisional ballot was ineligible to cast a regular ballot in that precinct,
or evidence has been presented to the board demonstrating any other
reason set forth in HAVA or this title not to count a provisional ballot,
the provisional ballot may not be counted.
(e) This subsection applies to a provisional ballot cast by a voter
after the voter was challenged solely because the voter was unable or
declined to provide proof of identification and not for any other reason.
If the voter later complies with the requirements of this title for proof
of identification, the provisional ballot cast by the voter shall be
counted in accordance with sections 2 and 2.5 of this chapter.

Legislative History

As added by P.L.221-2005, SEC.99. Amended by P.L.164-2006, SEC.123; P.L.278-2019, SEC.132.