§ 3-12-1-7 — Straight party ticket voting; counting multiple votes

Indiana § 3-12-1-7

• Jurisdiction: Indiana
• Art. 12: ASCERTAINING RESULTS OF ELECTIONS
• Ch. 1: Rules for Counting Ballots

Text

(a) This subsection applies whenever a voter:
(1) votes a straight party ticket; and
(2) votes only for one (1) or more individual candidates who are
all of the same political party as the straight ticket vote.
Except as provided in subsection (d) or (e), the straight ticket vote shall
be counted and the individual candidate votes may not be counted.
(b) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of
one (1) political party;
(2) only one (1) person may be elected to an office; and
(3) the voter has voted for one (1) individual candidate for the
office described in subdivision (2) who is:
(A) a candidate of a political party other than the party for
which the voter voted a straight ticket; or
(B) an independent candidate or declared write-in candidate for
the office.
If the voter has voted for one (1) individual candidate for the office
described in subdivision (2), the individual candidate vote for that
office shall be counted, the straight party ticket vote for that office may
not be counted, and the straight party ticket votes for other offices on
the ballot shall be counted.
(c) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of
one (1) political party; and
(2) the voter has voted for more individual candidates for the
office than the number of persons to be elected to that office.
The individual candidate votes for that office may not be counted, the
straight party ticket vote for that office may not be counted, and the
straight party ticket votes for other offices on the ballot shall be
counted.
(d) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of
one (1) political party;
(2) more than one (1) person may be elected to an office; and
(3) the voter has voted for individual candidates for the office
described in subdivision (2) who are:
(A) independent candidates or declared write-in candidates;
(B) candidates of a political party other than the political party
for which the voter cast a straight party ticket under subdivision
(1); or
(C) a combination of candidates described in clauses (A) and
(B).
The individual votes cast by the voter for the office for the independent
candidates, declared write-in candidates, and the candidates of a
political party other than the political party for which the voter cast a
straight party ticket shall be counted unless the total number of these
individual votes is greater than the number of persons to be elected to
the office. The straight party ticket votes for the office shall not be
counted. The straight party ticket votes for other offices on the voter's
ballot shall be counted.
(e) This subsection applies whenever:
(1) a voter has voted a straight party ticket for the candidates of
one (1) political party;
(2) more than one (1) person may be elected to an office; and
(3) the voter has voted for individual candidates for the office
described in subdivision (2) who are:
(A) independent candidates, declared write-in candidates, or
candidates of a political party other than the political party for
which the voter cast a straight party ticket under subdivision
(1); and
(B) candidates of the same political party for which the voter
cast a straight party ticket under subdivision (1).
The individual votes cast by the voter for the office for the independent
candidates, the declared write-in candidates, and the candidates of a
political party other than the political party for which the voter cast a
straight party ticket, and the candidates of the political party for which
the voter cast a straight party ticket shall be counted unless the total
number of these individual votes is greater than the number of persons
to be elected to the office. The straight party ticket votes for the office
shall not be counted. The straight party ticket votes for other offices on
the voter's ballot shall be counted.
(f) If a voter votes a straight party ticket for more than one (1)
political party, the whole ballot is void with regard to all candidates
nominated by a political party, declared write-in candidates, or
candidates designated as independent candidates on the ballot.
However, the voter's vote for a school board candidate or on a public
question shall be counted if otherwise valid under this chapter.
(g) If a voter does not vote a straight party ticket and the number of
votes cast by that voter for the candidates for an office are less than or
equal to the number of openings for that office, the individual
candidates votes shall be counted.
(h) If a voter does not vote a straight party ticket and the number of
votes cast by that voter for an office exceeds the number of openings
for that office, none of the votes concerning that office may be counted.
[Pre-1986 Recodification Citation: 3-1-25-18(d).]

Legislative History

As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.37; P.L.3-1993, SEC.178; P.L.3-1997, SEC.339; P.L.164-2006, SEC.124; P.L.21-2016, SEC.23.