Indiana § 3-12-2-7.5 Counting certain federal write-in absentee ballots

Indiana Statutes

§ 3-12-2-7.5 — Counting certain federal write-in absentee ballots

Indiana § 3-12-2-7.5

Art. 12ASCERTAINING RESULTS OF ELECTIONS

Ch. 2Counting of Paper Ballot Votes

This text of Indiana § 3-12-2-7.5 (Counting certain federal write-in absentee 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 § 3-12-2-7.5 (2026).

Text

5.

(a)This section applies to the counting of federal write-in absentee ballots described in IC 3-11-4-12.5.

(b)If a voter writes an abbreviation, misspelling, or other minor variation instead of the correct name of a candidate or political party, that vote shall be counted if the intent of the voter can be determined.

(c)If a voter casts a ballot under this section for President or Vice President of the United States and writes in the name of a candidate or political party that has not:

(1)certified a list of presidential electors and alternate presidential electors under IC 3-10-4-5; or

(2)included a list of presidential electors and alternate presidential electors on the declaration for candidacy filed by a write-in candidate under IC 3-8-2-2.5; the vote for President or Vice Presi

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5. (a) This section applies to the counting of
federal write-in absentee ballots described in IC 3-11-4-12.5.
(b) If a voter writes an abbreviation, misspelling, or other minor
variation instead of the correct name of a candidate or political party,
that vote shall be counted if the intent of the voter can be determined.
(c) If a voter casts a ballot under this section for President or Vice
President of the United States and writes in the name of a candidate or
political party that has not:
(1) certified a list of presidential electors and alternate
presidential electors under IC 3-10-4-5; or
(2) included a list of presidential electors and alternate
presidential electors on the declaration for candidacy filed by a
write-in candidate under IC 3-8-2-2.5;
the vote for President or Vice President is void. The remaining votes on
the ballot may be counted.
(d) As required by 52 U.S.C. 20303(b), and except as provided in
this section, an absentee ballot subject to this section shall be submitted
and processed in the same manner provided by this title for a regular
absentee ballot.
(e) IC 3-12-1-7 applies to a ballot subject to this section.
(f) As required by 52 U.S.C. 20303(b), a ballot subject to this
section may not be counted if:
(1) the ballot was submitted:
(A) by an overseas voter who is not an absent uniformed
services voter; and
(B) from within the United States;
(2) the overseas voter's application for a regular absentee ballot
was received by the county election board after the applicable
absentee ballot application deadline set forth in IC 3-11-4-3;
(3) the voter's completed regular state absentee ballot was
received by the county election board by the deadline for
receiving absentee ballots under IC 3-11.5-4-10 or IC 3-12-1-17;
or
(4) the ballot subject to this section was not received by the
county election board by the deadline for receiving absentee
ballots under IC 3-11.5-4-10 or IC 3-12-1-17.
(g) If a federal write-in absentee ballot is received by the county
election board in an envelope that does not indicate that the envelope
contains the ballot, and the envelope is opened by the county election
board, the absentee ballot shall nevertheless be counted if otherwise
valid. The county election board shall:
(1) immediately seal the absentee ballot and the envelope in
which the ballot was received in a carrier envelope indicating that
a voted absentee ballot is enclosed; and
(2) document the date the absentee ballot was sealed within the
carrier envelope, attested to by the signature of each member of
the county election board.

Legislative History

As added by P.L.3-1987, SEC.343. Amended by P.L.10-1992, SEC.23; P.L.3-1993, SEC.180; P.L.198-2005, SEC.15; P.L.66-2010, SEC.30; P.L.219-2013, SEC.65; P.L.128-2015, SEC.209; P.L.201-2017, SEC.36; P.L.278-2019, SEC.142.