§ 3-11.7-5-1.7 — Effect of affidavit evidence on counting provisional ballot

Indiana § 3-11.7-5-1.7

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

Text

7. (a) This section does not apply to a
provisional ballot cast by a voter for any of the following reasons:
(1) The provisional ballot was cast by the voter under a court
order extending the hours that the polls were open.
(2) The provisional ballot was cast by a voter who is not on the
poll list who indicates that the voter applied to register at a voter
registration agency.
(3) The provisional ballot was cast by the voter after the voter was
challenged solely due to the voter being unable or declining to
provide proof of identification.
(4) The provisional ballot was cast by the voter after the voter was
challenged solely due to the voter's failure to provide additional
documentation.
(b) If the only evidence before the county election board on the
question of counting of the provisional ballot cast by the voter is:
(1) the affidavit of the voter who cast the provisional ballot; and
(2) the affidavit of a challenger challenging the voter who cast the
provisional ballot;
the provisional ballot shall be counted if the individual is a registered
voter of that precinct.

Legislative History

As added by P.L.278-2019, SEC.133. Amended by P.L.141-2020, SEC.14; P.L.193-2021, SEC.77.