Indiana § 3-12-2-12 Preservation of receptacle containing envelope or bag; contest of
election; disposition of envelope or bag; use of ballots for election
research

Indiana Statutes

§ 3-12-2-12 — Preservation of receptacle containing envelope or bag; contest of election; disposition of envelope or bag; use of ballots for election research

Indiana·Art. 12 ASCERTAINING RESULTS OF ELECTIONS·Ch. 2 Counting of Paper Ballot Votes

(a)The circuit court clerk shall preserve the receptacle containing the envelope or bag in the clerk's office for the period required under IC 3-10-1-31.1. However, if the election is contested, then the clerk shall preserve the receptacle containing the envelope or bag as long as the contest is undetermined. During those periods the clerk shall keep the receptacle securely locked, subject only to an order of the court trying a contest.

(b)When permitted under IC 3-10-1-31.1, the clerk and county election board member of the opposite political party shall remove the envelope or bag from the receptacle and destroy the envelope or bag.

(c)A county election board may contract with a state educational institution to dispose of ballots. The contract must provide that:

(1)the ballots will be

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(a) The circuit court clerk shall preserve the
receptacle containing the envelope or bag in the clerk's office for the
period required under IC 3-10-1-31.1. However, if the election is
contested, then the clerk shall preserve the receptacle containing the
envelope or bag as long as the contest is undetermined. During those
periods the clerk shall keep the receptacle securely locked, subject only
to an order of the court trying a contest.
(b) When permitted under IC 3-10-1-31.1, the clerk and county
election board member of the opposite political party shall remove the
envelope or bag from the receptacle and destroy the envelope or bag.
(c) A county election board may contract with a state educational
institution to dispose of ballots. The contract must provide that:
(1) the ballots will be used by the state educational institution to
conduct election research; and
(2) the state educational institution may not receive any ballots
under this subsection until the period for retention under IC 3-10-1-31.1 has expired.
[Pre-1986 Recodification Citations: 3-1-5-12 part; 3-1-25-3
part; 3-1-25-4 part.]

Indiana § 3-12-2-12 (Preservation of receptacle containing envelope or bag; contest of election; disposition of envelope or bag; use of ballots for election research) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

As added by P.L.5-1986, SEC.8. Amended by P.L.7-1986, SEC.4; P.L.3-1987, SEC.345; P.L.3-1993, SEC.182; P.L.14-2004, SEC.157; P.L.2-2007, SEC.15; P.L.193-2021, SEC.84.