§ 3-5-4-8 — Approval and use of forms; exceptions

Indiana § 3-5-4-8

• Jurisdiction: Indiana
• Art. 5: GENERAL PROVISIONS
• Ch. 4: Miscellaneous Provisions

Text

(a) This section does not apply to a form
incorporated only into the statewide voter registration system under IC 3-7-26.3-3 by the secretary of state, with the consent of the codirectors
of the election division.
(b) Except as provided in subsection (f), but notwithstanding any
other statute, whenever the election division acts under IC 3-6-4.2-12
to approve a uniform election or registration form for use throughout
Indiana or to approve a revision to an existing form, a person must use
the most recent version of the form approved by the election division
to comply with this title after the effective date of the election division's
order approving the form.
(c) Except as provided in subsection (e) or (g), before an order
approving a form takes effect under this section, the election division
shall transmit a copy of each form or revised form approved by the
order to the following:
(1) Each circuit court clerk, if the election division determines
that the form is primarily used by a candidate, a county election
board member, a county or town political party, or for absentee or
provisional ballot purposes.
(2) Each county voter registration office, if the election division
determines that the form is primarily used in voter registration.
(3) The state chairman of each major political party.
(4) The state chairman of any other political party who has filed
a written request with the election division during the preceding
twelve (12) months to be furnished with copies of forms.
(d) The election division, an election board, a circuit court clerk, a
county voter registration office, or any other official responsible for
receiving a filing under this title shall reject a filing that does not
comply with this section.
(e) The election division shall specify the effective date of the form
or revised form and may do any of the following:
(1) Delay the effective date of the approval of a form or revised
form.
(2) Permit an earlier approved version of the form or an
alternative form to be used before the effective date of the form.
(3) Provide for a retroactive effective date for the approval of the
form.
(f) The election division may allow an earlier approved version of
the form to be used if the:
(1) earlier version of the form complies with all other
requirements imposed under federal law or this title; and
(2) election division determines that the existing stock of the form
should be exhausted to prevent waste and unnecessary expense.
(g) This subsection applies to a form that the election division
determines is used primarily by the election division. The election
division may provide that an order concerning a form described by this
subsection is effective immediately upon adoption, without any
requirement to distribute the form to other persons.
(h) A form approved by the commission under this section before
July 1, 2015, is considered to be approved by the election division
without any further action by the election division being required.

Legislative History

As added by P.L.3-1997, SEC.17. Amended by P.L.38-1999, SEC.2; P.L.126-2002, SEC.10; P.L.194-2013, SEC.3; P.L.169-2015, SEC.4; P.L.227-2023, SEC.5.