Indiana § 3-11.7-5-2 Criteria for determining validity of ballots

Indiana Statutes

§ 3-11.7-5-2 — Criteria for determining validity of ballots

Indiana § 3-11.7-5-2

Art. 11.7PROVISIONAL VOTING

Ch. 5Counting Provisional Ballots

This text of Indiana § 3-11.7-5-2 (Criteria for determining validity of ballots) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 3-11.7-5-2 (2026).

Text

(a)Except as provided in section 5 of this chapter, if the county election board determines that all the following apply, a provisional ballot is valid and shall be counted under this chapter:

(1)The affidavit executed by the provisional voter under IC 3-11.7-2-1 is properly executed.

(2)The provisional voter is a qualified voter of the precinct and has provided proof of identification, if required, under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26.

(3)Based on all the information available to the county election board, including:

(A)information provided by the provisional voter;

(B)information contained in the county's voter registration records; and

(C)information contained in the statewide voter registration file; the provisional voter registered to vote at a registration agency under

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(a) Except as provided in section 5 of this
chapter, if the county election board determines that all the following
apply, a provisional ballot is valid and shall be counted under this
chapter:
(1) The affidavit executed by the provisional voter under IC 3-11.7-2-1 is properly executed.
(2) The provisional voter is a qualified voter of the precinct and
has provided proof of identification, if required, under IC 3-10-1,
IC 3-11-8, or IC 3-11-10-26.
(3) Based on all the information available to the county election
board, including:
(A) information provided by the provisional voter;
(B) information contained in the county's voter registration
records; and
(C) information contained in the statewide voter registration
file;
the provisional voter registered to vote at a registration agency
under this article on a date within the registration period.
(b) If the provisional voter has provided information regarding the
registration agency where the provisional voter registered to vote, the
board shall promptly make an inquiry to the agency regarding the
alleged registration. The agency shall respond to the board not later
than noon of the first Friday after the election, indicating whether the
agency's records contain any information regarding the registration. If
the agency does not respond to the board's inquiry, or if the agency
responds that the agency has no record of the alleged registration, the
board shall reject the provisional ballot. The board shall endorse the
ballot with the word "Rejected" and document on the ballot the inquiry
and response, if any, by the agency.
(c) Except as provided in section 5 of this chapter, a provisional
ballot cast by a voter described in IC 3-11.7-2-1(b) is valid and shall be
counted if the county election board determines under this article that
the voter filed the documentation required under IC 3-7-33-4.5 and 52
U.S.C. 21083 with the county voter registration office not later than the
closing of the polls on election day.
(d) Except as provided in section 5 of this chapter, a provisional
ballot cast by a voter described in IC 3-11.7-2-1(c) is valid and shall be
counted if the county election board determines under this article that
the voter filed the documentation required under IC 3-7-33-4.7 with the
county voter registration office not later than the closing of the polls on
election day.

Legislative History

As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.176; P.L.109-2005, SEC.12; P.L.103-2005, SEC.15; P.L.128-2015, SEC.205; P.L.65-2024, SEC.32.