Introduced Version
HOUSE BILL No. 1095
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-9-5-4; IC 3-10-7-32; IC 3-11; IC 3-12-1.
Synopsis: Various elections matters. Requires the circuit court clerk
of each county to place a copy of each report, notice, or other
instrument filed with the county election board on the circuit court
clerk's or county election board's website in portable document format.
Removes a voter's option to vote for all candidates of a political party
or an independent ticket at one time (straight ticket voting) in a general
or municipal election. Repeals superseded statutes relating to straight
ticket voting.
Effective: January 1, 2025.
Fleming, Clere
January 8, 2024, read first time and referred to Committee on Elections and
Apportionment.
2024 IN 1095—LS 6716/DI 144 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1095
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-9-5-4 IS AMENDED TO READ AS FOLLOWS
2 [EFFECTIVE JANUARY 1, 2025]: Sec. 4. (a) The following persons,
3 whenever required to file a report, notice, or other instrument by this
4 article, shall file it with the county election board of each county
5 comprising part of the affected election district:
6 (1) Candidates for local office and their candidate's committees.
7 (2) Regular party committees that are not required to file with the
8 election division.
9 (3) Political action committees that are not required to file with
10 the election division.
11 (b) The circuit court clerk of each county shall place a copy of
12 each report, notice, or other instrument filed with the county
13 election board on the circuit court clerk's or county election
14 board's website in portable document format not later than seven
15 (7) days after the later of the following:
16 (1) The due date of the report, notice, or other instrument that
17 is filed.
2024 IN 1095—LS 6716/DI 144 2
1 (2) The date the report, notice, or other instrument is actually
2 filed.
3 SECTION 2. IC 3-10-7-32, AS AMENDED BY P.L.190-2011,
4 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JANUARY 1, 2025]: Sec. 32. (a) A town election board shall
6 determine what voting method will be used in a municipal election.
7 (b) The town election board and its precinct election officers shall
8 perform the duties of the county election board and its precinct election
9 officers under IC 3-11 for each voting method used.
10 (c) The town election board shall prepare the ballots in the form
11 prescribed by IC 3-11 and distribute them to the precincts in the town.
12 (d) This subsection applies only to paper ballots. Notwithstanding
13 subsection (c), the town election board, by unanimous consent of the
14 board's entire membership, may authorize the printing or reproduction
15 of ballots on equipment under the control of the town clerk-treasurer.
16 If the town election board acts under this subsection, the ballots are not
17 required to conform to the precise dimensions concerning the size of
18 political party devices under IC 3-11-2-9 or the placement of a
19 candidate's name under IC 3-11-2-10(f). IC 3-11-2-10(d). However,
20 the ballots must otherwise substantially conform with IC 3-11-2.
21 SECTION 3. IC 3-11-2-9, AS AMENDED BY P.L.227-2023,
22 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JANUARY 1, 2025]: Sec. 9. (a) The device of each political party
24 described in section 6 of this chapter shall be:
25 (1) enclosed in a circle not less than three-fourths (3/4) of an inch
26 in diameter; and
27 (2) placed under the name of the party or independent ticket, as
28 required by section 10 of this chapter.
29 (b) A device of a political party must not be printed on a ballot if
30 (1) there are no candidates of that political party. or
31 (2) the only candidates of the political party are for election to
32 offices to which more than one (1) individual is to be elected and
33 which will not be credited with a vote under IC 3-12-1-7 if a voter
34 casts a straight party ticket.
35 SECTION 4. IC 3-11-2-10, AS AMENDED BY P.L.227-2023,
36 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JANUARY 1, 2025]: Sec. 10. (a) Public questions shall be placed on
38 the general election ballot in the following order after the statement
39 described in section 7 of this chapter, and the instructions described in
40 subsections (d) and (e) subsection (c) and section 8 of this chapter, if
41 instructions are printed on the ballot:
42 (1) Ratification of a state constitutional amendment.
2024 IN 1095—LS 6716/DI 144 3
1 (2) Local public questions.
2 Subject to section 10.1 of this chapter, each public question shall be
3 placed in a separate column on the ballot.
4 (b) The name or title of the political party shall be placed on the
5 general election ballot after the public questions described in
6 subsection (a). The device of the political party shall be placed
7 immediately under the name of the political party. Notwithstanding
8 section 8(b) of this chapter, the instructions for voting a straight party
9 ticket shall be placed to the right of the device on the ballot.
10 (c) The instructions for voting a straight party ticket must conform
11 as nearly as possible to the following:
12 "(1) You are not required to vote a straight party ticket. If you do
13 not wish to vote a straight party ticket, do not make a mark in this
14 section, and proceed to voting the ballot by office.
15 (2) To vote a straight (insert political party name) ticket for all
16 (insert political party name) candidates on this ballot, except for
17 candidates described in (3) below, make a voting mark on or in
18 this circle and do not make any other marks on this ballot.
19 (3) To vote for any candidate for an at-large office (insert county
20 council, city common council, town council, or township board if
21 those offices appear on this ballot) to which more than one (1)
22 person may be elected, you must make another voting mark for
23 each candidate you wish to vote for. Your straight party vote will
24 not count as a vote for any candidate for that office.
25 (4) If you wish to vote for a candidate seeking a nonpartisan office
26 or on a public question, you must make another voting mark on
27 the appropriate place on this ballot.".
28 (d) Except as permitted under section 8(b) of this chapter, if the
29 ballot contains an independent ticket described in section 6 of this
30 chapter and at least one (1) other independent candidate, the ballot
31 must also contain a statement that reads substantially as follows: "A
32 vote cast for an independent ticket will only be counted for the
33 candidates for President and Vice President or governor and lieutenant
34 governor comprising that independent ticket. This vote will NOT be
35 counted for any OTHER independent candidate appearing on the
36 ballot.".
37 (e) (c) Except as permitted under section 8(b) of this chapter, the
38 ballot must also contain a statement that reads substantially as follows:
39 "A write-in vote will NOT be counted unless the vote is for a
40 DECLARED write-in candidate. To vote for a write-in candidate, you
41 must make a voting mark on or in the square to the left of the name you
42 have written in or your vote will not be counted.".
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1 (f) (d) Subject to section 10.1 of this chapter, the list of candidates
2 of the political party shall be placed immediately under the instructions
3 for voting a straight party ticket. The names of the candidates shall be
4 placed three-fourths (3/4) of an inch apart from center to center of the
5 name. The name of each candidate must have, immediately on its left,
6 a square three-eighths (3/8) of an inch on each side.
7 (g) (e) The circuit court clerk may authorize the printing of ballots
8 containing a ballot variation code to ensure that the proper version of
9 a ballot is used within a precinct.
10 SECTION 5. IC 3-11-2-12.4, AS AMENDED BY P.L.109-2021,
11 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JANUARY 1, 2025]: Sec. 12.4. (a) This section applies whenever more
13 than one (1) candidate may be elected to an office.
14 (b) The office shall be placed on the general election ballot after the
15 offices described in section 12 of this chapter and before the offices
16 described in section 12.9 of this chapter.
17 (c) Whenever candidates are to be elected to a county council, city
18 common council, or town council that includes both an at-large
19 member and a member representing a district, the candidates seeking
20 election as an at-large member shall be placed on the ballot before
21 candidates seeking to represent a district.
22 (d) The ballot shall contain a statement reading substantially as
23 follows above the name of the first candidate: "To vote for any
24 candidate for this office, you must make a voting mark for each
25 candidate you wish to vote for.". A straight party vote will not count as
26 a vote for any candidate for this office.".
27 SECTION 6. IC 3-11-7-4, AS AMENDED BY P.L.278-2019,
28 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JANUARY 1, 2025]: Sec. 4. (a) Except as provided in subsection (b),
30 A ballot card voting system must permit a voter to vote
31 (1) except at a primary election, a straight party ticket for all of
32 the candidates of one (1) political party by a single voting mark
33 on each ballot card;
34 (2) for one (1) or more candidates of each political party or
35 independent candidates, or for one (1) or more school board
36 candidates nominated by petition.
37 (3) a split ticket for the candidates of different political parties
38 and for independent candidates; or
39 (4) a straight party ticket and then split that ticket by casting
40 individual votes for candidates of another political party or
41 independent candidate.
42 (b) A ballot card voting system must require that a voter who wishes
2024 IN 1095—LS 6716/DI 144 5
1 to cast a ballot for a candidate for election to an at-large district to
2 which more than one person may be elected, on a:
3 (1) county council;
4 (2) city common council;
5 (3) town council; or
6 (4) township board;
7 make a voting mark for each individual candidate for whom the voter
8 wishes to cast a vote. The ballot card voting system may not count any
9 straight party ticket voting mark as a vote for any candidate for an
10 office described by this subsection.
11 (c) (b) A ballot card voting system must permit a voter to vote:
12 (1) for all candidates for presidential electors and alternate
13 presidential electors of a political party or an independent ticket
14 by making a single voting mark; and
15 (2) for or against a public question on which the voter may vote.
16 SECTION 7. IC 3-11-7-6 IS REPEALED [EFFECTIVE JANUARY
17 1, 2025]. Sec. 6. A ballot card voting system must count a ballot in
18 accordance with IC 3-12-1-7 when a voter votes a straight ticket vote
19 and votes for individual candidates as described by IC 3-12-1-7.
20 SECTION 8. IC 3-11-7.5-10, AS AMENDED BY P.L.278-2019,
21 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JANUARY 1, 2025]: Sec. 10. (a) Except as provided in subsection (b),
23 An electronic voting system must permit a voter to vote
24 (1) except at a primary election, a straight party ticket for all the
25 candidates of one (1) political party by touching the device of that
26 party;
27 (2) for one (1) or more candidates of each political party or
28 independent candidates, or for one (1) or more school board
29 candidates nominated by petition.
30 (3) a split ticket for the candidates of different political parties
31 and for independent candidates; or
32 (4) a straight party ticket and then split that ticket by casting
33 individual votes for candidates of another political party or
34 independent candidates.
35 (b) An electronic voting system must require that a voter who
36 wishes to cast a ballot for a candidate for election to an at-large district
37 to which more than one person may be elected, on a:
38 (1) county council;
39 (2) city common council;
40 (3) town council; or
41 (4) township board;
42 make a voting mark for each individual candidate for whom the voter
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1 wishes to cast a vote. The electronic voting system may not count any
2 straight party ticket voting mark as a vote for any candidate for an
3 office described by this subsection.
4 (c) (b) An electronic voting system must permit a voter to vote:
5 (1) for as many candidates for an office as the voter may vote for,
6 but no more;
7 (2) for or against a public question on which the voter may vote,
8 but no other; and
9 (3) for all the candidates for presidential electors and alternate
10 presidential electors of a political party or an independent ticket
11 by making a single voting mark.
12 SECTION 9. IC 3-11-11-10 IS REPEALED [EFFECTIVE
13 JANUARY 1, 2025]. Sec. 10. If an election is a general or municipal
14 election and a voter desires to vote for all the candidates of one (1)
15 political party or group of petitioners, the voter may make a voting
16 mark on or in a large circle enclosing the device and before the name
17 under which the candidates of the party are printed. The voter's vote
18 shall then be counted for all the candidates under that party name.
19 SECTION 10. IC 3-11-13-7.5, AS ADDED BY P.L.109-2021,
20 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JANUARY 1, 2025]: Sec. 7.5. (a) This section applies to a marking
22 device used in a voting system that:
23 (1) contains features of both a ballot card voting system and an
24 electronic voting system; and
25 (2) produces a ballot card with the voter's choices as selected by
26 the voter and marked on the card by the device.
27 (b) The interface of the marking device used with an optical scan
28 voting system must include all of the following:
29 (1) The information required by IC 3-11-14-3.5.
30 (2) The instructions required by IC 3-11-2-8.
31 (3) The information and instructions required by IC 3-11-2-10.
32 (c) A marking device must comply with the same disability access
33 standards as an electronic voting system under IC 3-11-15-13.6.
34 (d) Notwithstanding any other provision of this title, a ballot card
35 used with a marking device must have either preprinted or printed by
36 the marking device the following:
37 (1) When the marking device is used for absentee voting under
38 IC 3-11-10-26, the circuit court clerk's signature and seal required
39 by IC 3-11-10-27.
40 (2) When the marking device is used by a voter to cast a
41 provisional ballot, the circuit court clerk's signature and seal
42 required by IC 3-11.7-1-7.
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1 (3) A line or box for each poll clerk's initial as required by section
2 19 of this chapter.
3 (4) When the marking device is used during a primary election,
4 the name of the political party whose primary the voter is
5 participating in or the word "nonpartisan" if the voter is voting a
6 ballot that contains only a public question certified by the county
7 election board under IC 3-10-9.
8 (e) If the voting system produces a ballot card, the ballot card must
9 contain a summary ballot scan of the voter's ballot that includes all of
10 the following:
11 (1) The name or designation of each office on the voter's ballot.
12 (2) The name of the candidate and the candidate's political party
13 selected by the voter.
14 (3) If the voter selects a straight party ticket, the name of the
15 political party ticket the voter selected.
16 (4) (3) A description of the text of any public question or judicial
17 retention question on the voter's ballot that the county election
18 board determines reasonably conveys the content of the public
19 question or judicial retention question and the response the voter
20 selected for each question.
21 The ballot card may contain additional information described in
22 subsection (b).
23 (f) Notwithstanding any other provision of this chapter, a ballot card
24 used with the marking device may be a different dimension or size than
25 other ballot cards:
26 (1) approved by the county election board for use in an election;
27 and
28 (2) that are not designed to be marked by the marking device.
29 (g) A voter verifiable paper audit trail is not a marking device.
30 SECTION 11. IC 3-11-13-11, AS AMENDED BY THE
31 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
32 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JANUARY 1, 2025]: Sec. 11. (a) The ballot information, whether
34 placed on the ballot card or on the marking device, must be in the order
35 of arrangement provided for ballots under this section.
36 (b) Each county election board shall have the names of all
37 candidates for all elected offices, political party offices, and public
38 questions printed on a ballot card as provided in this chapter. The
39 county may:
40 (1) print all offices and questions on a single ballot card; and
41 (2) include a ballot variation code to ensure that the proper
42 version of a ballot is used within a precinct.
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1 (c) Each type of ballot card must be of uniform size and of the same
2 quality and color of paper (except as permitted under IC 3-10-1-17).
3 (d) The nominees of a political party or an independent candidate
4 or independent ticket (described in IC 3-11-2-6) nominated by
5 petitioners shall be listed on the ballot with the name and device set
6 forth on the certification or petition. The circle containing the device
7 may be of any size that permits a voter to readily identify the device.
8 IC 3-11-2-5 applies if the certification or petition does not include a
9 name or device, or if the same device is selected by two (2) or more
10 parties or petitioners.
11 (e) The offices and public questions on the general election ballot
12 must be placed on the ballot in the order listed in IC 3-11-2-12,
13 IC 3-11-2-12.4, IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a),
14 IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
15 IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). The offices and
16 public questions may be listed in a continuous column or row either
17 vertically or horizontally and on a number of separate pages.
18 (f) The name of each office must be printed in a uniform size in bold
19 type. A statement reading substantially as follows must be placed
20 immediately below the name of the office and above the name of the
21 first candidate:
22 (1) "Vote for one (1) only.", if only one (1) candidate is to be
23 elected to the office.
24 (2) "Vote for not more than (insert the number of candidates to be
25 elected) candidate(s) for this office. To vote for any candidate for
26 this office, you must make a voting mark for each candidate you
27 wish to vote for.", A straight party vote will not count as a vote for
28 any candidate for this office.", if more than one (1) candidate is to
29 be elected to the office.
30 (g) Below the name of the office and the statement required by
31 subsection (f), the names of the candidates for each office must be
32 grouped together in the following order:
33 (1) The major political party whose candidate received the highest
34 greatest number of votes in the county for secretary of state at the
35 last most recent election for secretary of state is listed first.
36 (2) The major political party whose candidate received the second
37 highest greatest number of votes in the county for secretary of
38 state at the most recent election for secretary of state is listed
39 second.
40 (3) All other political parties listed in the order that the parties'
41 candidates for secretary of state finished in the last most recent
42 election for secretary of state are listed after the party listed in
2024 IN 1095—LS 6716/DI 144 9
1 subdivision (2).
2 (4) If a political party did not have a candidate for secretary of
3 state in the last most recent election for secretary of state or a
4 nominee is an independent candidate or independent ticket
5 (described in IC 3-11-2-6), the party or candidate is listed after
6 the parties described in subdivisions (1), (2), and (3).
7 (5) If more than one (1) political party or independent candidate
8 or ticket described in subdivision (4) qualifies to be on the ballot,
9 the parties, candidates, or tickets are listed in the order in which
10 the party filed its petition of nomination under IC 3-8-6-12.
11 (6) A space for write-in voting is placed after the candidates listed
12 in subdivisions (1) through (5), if required by law.
13 (7) The name of a write-in candidate may not be listed on the
14 ballot.
15 (h) The names of the candidates grouped in the order established by
16 subsection (g) must be printed in type with uniform capital letters and
17 have a uniform space between each name. The name of the candidate's
18 political party, or the word "Independent" if the:
19 (1) candidate; or
20 (2) ticket of candidates for:
21 (A) President and Vice President of the United States; or
22 (B) governor and lieutenant governor;
23 is independent, must be placed immediately below or beside the name
24 of the candidate and must be printed in a uniform size and type.
25 (i) All the candidates of the same political party for election to
26 at-large seats on the fiscal or legislative body of a political subdivision
27 must be grouped together:
28 (1) under the name of the office that the candidates are seeking;
29 (2) in the order established by subsection (g); and
30 (3) within the political party, in alphabetical order according to
31 surname.
32 A statement reading substantially as follows must be placed
33 immediately below the name of the office and above the name of the
34 first candidate: "Vote for not more than (insert the number of
35 candidates to be elected) candidate(s) of ANY party for this office.".
36 (j) Candidates for election to at-large seats on the governing body
37 of a school corporation must be grouped:
38 (1) under the name of the office that the candidates are seeking;
39 and
40 (2) in alphabetical order according to surname.
41 A statement reading substantially as follows must be placed
42 immediately below the name of the office and above the name of the
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1 first candidate: "Vote for not more than (insert the number of
2 candidates to be elected) candidate(s) for this office.".
3 (k) The following information must be placed at the top of the ballot
4 before the first public question is listed:
5 (1) The cautionary statement described in IC 3-11-2-7.
6 (2) The instructions described in IC 3-11-2-8 IC 3-11-2-10(d),
7 and IC 3-11-2-10(e). IC 3-11-2-10(c).
8 (l) The ballot must include: a single connectable arrow, circle, oval,
9 or square, or a voting position for voting a straight party ticket by one
10 (1) mark as required by section 14 of this chapter, and the single
11 connectable arrow, circle, oval, or square, or the voting position for
12 casting a straight party ticket ballot must be identified by:
13 (1) the name of the political party; ticket and
14 (2) immediately below or beside the political party's name, the
15 device of that party (described in IC 3-11-2-5).
16 The name and device of each political party must be of uniform size
17 and type and arranged in the order established by subsection (g) for
18 listing candidates under each office. The instructions described in
19 IC 3-11-2-10(c) for voting a straight party ticket and the statement
20 concerning presidential electors required under IC 3-10-4-3 must be
21 placed on the ballot label. The instructions for voting a straight party
22 ticket must include the statement: "If you do not wish to vote a straight
23 party ticket, do not make a mark in this section and proceed to voting
24 the ballot by office.".
25 (m) A public question must be in the form described in
26 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a single connectable
27 arrow, a circle, or an oval may be used instead of a square. Except as
28 expressly authorized or required by statute, a county election board
29 may not print a ballot card that contains language concerning the public
30 question other than the language authorized by a statute.
31 (n) The requirements in this section:
32 (1) do not replace; and
33 (2) are in addition to;
34 any other requirements in this title that apply to optical scan ballots.
35 (o) The procedure described in IC 3-11-2-16 must be used when a
36 ballot does not comply with the requirements imposed by this title or
37 contains another error or omission that might result in confusion or
38 mistakes by voters.
39 (p) This subsection applies to an optical scan ballot that does not
40 list:
41 (1) the names of political parties or candidates; or
42 (2) the text of public questions;
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1 on the face of the ballot. The ballot must be prepared in accordance
2 with this section, except that the ballot must include a numbered circle
3 or oval to refer to each political party, candidate, or public question.
4 SECTION 12. IC 3-11-13-14 IS REPEALED [EFFECTIVE
5 JANUARY 1, 2025]. Sec. 14. (a) In partisan elections, the ballot labels
6 must include a voting square or position where a voter may by one (1)
7 voting mark on each card record a straight party ticket vote for all the
8 candidates of one (1) political party, except for offices for which the
9 voter:
10 (1) is required to cast an individual vote for a candidate under
11 IC 3-11-7-4(b); or
12 (2) has voted individually for a candidate for any other office.
13 (b) A ballot label must not include a voting square or position to
14 permit a voter to cast a straight party ticket for a political party if:
15 (1) there are no candidates of that political party; or
16 (2) the only candidates of the political party are for election to
17 offices to which more than one (1) individual is to be elected and
18 which will not be credited with a vote under IC 3-12-1-7 if a voter
19 casts a straight party ticket.
20 SECTION 13. IC 3-11-13-22, AS AMENDED BY P.L.227-2023,
21 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JANUARY 1, 2025]: Sec. 22. (a) This section applies to:
23 (1) a ballot card voting system; and
24 (2) a voting system that includes features of a ballot card voting
25 system and a direct record electronic voting system.
26 (b) Not later than seventy-four (74) days before election day, for
27 each county planning to use automatic tabulating machines at the next
28 election, VSTOP shall provide each county election board with a
29 randomly sorted list of unique identification numbers for the inventory
30 of machines in the county maintained under IC 3-11-16-4. Starting at
31 the top of the list, the county election board shall select machines in the
32 list in the order listed so that:
33 (1) if a machine to be selected in the list is not scheduled to be
34 used in the upcoming election, the selection process will move to
35 the next machine in the order listed;
36 (2) each selected machine is scheduled to be used in the
37 upcoming election; and
38 (3) the number of machines selected is not less than five percent
39 (5%) of the machines in the county scheduled by the county
40 election board to be used in the upcoming election.
41 (c) The county election board shall test the machines as described
42 in subsection (b) to ascertain that the machines will correctly count the
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1 votes cast for straight party tickets, for all candidates (including
2 write-in candidates) and on all public questions. If an individual
3 attending the public test requests that additional automatic tabulating
4 machines be tested, then the county election board shall select and test
5 additional machines from the list in the manner described in subsection
6 (b).
7 (d) If VSTOP does not provide the lists under subsection (b) not
8 later than sixty (60) days before the election, the county election board
9 shall establish and implement a procedure for random selection of not
10 less than five percent (5%) of the machines in the county to be used in
11 the upcoming election. The county election board shall then test the
12 machines selected as described in subsection (c).
13 (e) Not later than seven (7) days after conducting the test under
14 subsection (c), the county election board shall certify to the election
15 division that the test has been conducted in conformity with subsection
16 (c). The testing under subsection (c) must begin before absentee voting
17 begins in the office of the circuit court clerk under IC 3-11-10-26.
18 (f) Public notice of the time and place shall be given at least
19 forty-eight (48) hours before the test. The notice shall be published
20 once in accordance with IC 5-3-1-4.
21 (g) If a county election board determines that:
22 (1) a ballot:
23 (A) must be reprinted or corrected as provided by
24 IC 3-11-2-16 because of the omission of a candidate, political
25 party, or public question from the ballot; or
26 (B) is an absentee ballot that a voter is entitled to recast under
27 IC 3-11.5-4-2 because the absentee ballot includes a candidate
28 for election to office who:
29 (i) ceased to be a candidate; and
30 (ii) has been succeeded by a candidate selected under
31 IC 3-13-1 or IC 3-13-2; and
32 (2) ballots used in the test conducted under this section were not
33 reprinted or corrected to remove the omission of a candidate,
34 political party, or public question, or indicate the name of the
35 successor candidate;
36 the county election board shall conduct an additional public test
37 described in subsection (c) using the reprinted or corrected ballots.
38 Notice of the time and place of the additional test shall be given in
39 accordance with IC 5-14-1.5, but publication of the notice in
40 accordance with IC 5-3-1-4 is not required.
41 (h) Notwithstanding IC 3-5-4-1.7, a county election board may send
42 a signed form from a public test to the election division by electronic
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1 mail or fax.
2 SECTION 14. IC 3-11-13-31.7, AS AMENDED BY P.L.227-2023,
3 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JANUARY 1, 2025]: Sec. 31.7. (a) This section is enacted to comply
5 with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory
6 standards to define what constitutes a vote on an optical scan voting
7 system.
8 (b) After receiving ballot cards, a voter shall, without leaving the
9 room, go alone into one (1) of the booths or compartments that is
10 unoccupied and indicate:
11 (1) the candidates for whom the voter desires to vote by marking
12 the connectable arrows, circles, ovals, or squares immediately
13 beside:
14 (A) the candidates' names; or
15 (B) the numbers referring to the candidates; and
16 (2) the voter's preference on each public question by marking the
17 connectable arrow, oval, or square beside:
18 (A) the word "yes" or "no" under the question; or
19 (B) the number referring to the word "yes" or "no" on the
20 ballot.
21 (c) If an election is a general or municipal election and a voter
22 desires to vote for all the candidates of one (1) political party, the voter
23 may mark:
24 (1) the circle enclosing the device; or
25 (2) the connectable arrow, circle, oval, or square described in
26 section 11 of this chapter;
27 that designates the candidates of that political party. Except as provided
28 by IC 3-11-7-4(b), the voter's vote shall then be counted for all the
29 candidates of that political party. However, if the voter marks the
30 circle, arrow, oval, or square of an independent ticket (described in
31 IC 3-11-2-6), the vote shall not be counted for any other independent
32 candidate on the ballot.
33 (d) (c) This subsection applies to a voter casting a ballot on a voting
34 system that includes features of both an optical scan ballot card voting
35 system and a direct record electronic voting system. After entering into
36 a booth used with the voting system, the voter shall indicate the
37 candidates for whom the voter desires to vote and the voter's preference
38 on each public question by:
39 (1) inserting a paper ballot or an optical scan ballot into the voting
40 system; or
41 (2) using headphones to listen to a recorded list of political
42 parties, candidates, and public questions.
2024 IN 1095—LS 6716/DI 144 14
1 (e) (d) A voter using a voting system described in subsection (d) (c)
2 may indicate the voter's selections by:
3 (1) touching a device on or in the squares immediately adjacent
4 to the name of a political party, candidate, or response to a public
5 question; or
6 (2) indicating the voter's choices by using a sip puff device that
7 enables the voter to indicate a choice by inhaling or exhaling.
8 SECTION 15. IC 3-11-14-2, AS AMENDED BY P.L.115-2022,
9 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JANUARY 1, 2025]: Sec. 2. (a) Except as provided in subsections (c)
11 and (f), a county election board may use an approved electronic voting
12 system:
13 (1) in any election;
14 (2) in all or in some of the precincts within a political subdivision
15 holding an election; and
16 (3) instead of or in combination with any other voting method.
17 (b) A county election board may use an electronic voting system
18 which includes a voter verifiable paper audit trail if the voting system:
19 (1) otherwise complies with this chapter and IC 3-11-15; and
20 (2) is certified by the Indiana election commission.
21 (c) A county election board may not use an approved electronic
22 voting system purchased, leased, or otherwise acquired by the county
23 after December 31, 2019, unless the system:
24 (1) is certified by the Indiana election commission; and
25 (2) includes a voter verifiable paper audit trail.
26 This subsection does not prohibit a county election board from having
27 maintenance performed on an electronic voting system purchased,
28 leased, or otherwise acquired by the county before January 1, 2020.
29 (d) The voter verifiable paper audit trail must contain all of the
30 following:
31 (1) The name or code of the election as provided by the voting
32 system.
33 (2) The date of the election.
34 (3) The date the voter verifiable paper audit trail was printed.
35 (4) A security code and record number specific to each paper
36 receipt assigned by the voting system.
37 (5) The name or designation of the voter's precinct.
38 (6) The name or designation of each office on the voter's ballot.
39 (7) The name of the candidate and the designation of the
40 candidate's political party selected by the voter.
41 (8) If the voter selects a straight party ticket, the name of the
42 political party ticket the voter selected.
2024 IN 1095—LS 6716/DI 144 15
1 (9) (8) The following information:
2 (A) A description of the text of any public question or judicial
3 retention question on the voter's ballot that:
4 (i) contains not more than thirty (30) characters; and
5 (ii) the county election board determines reasonably conveys
6 the content of the public question or judicial retention
7 question.
8 (B) The response the voter selected for each question.
9 (e) The voter verifiable paper audit trail may contain additional
10 information and instructions determined to be useful to the voter by the
11 county election board subject to the design capabilities of the voter
12 verifiable paper audit trail.
13 (f) This subsection applies to a county in which any direct record
14 electronic voting system that does not include a voter verifiable paper
15 audit trail is used for an election. A county election board shall not use
16 a direct record electronic voting system in an election after July 1,
17 2022, unless the county election board:
18 (1) uses a number of direct record electronic voting systems
19 including a voter verifiable paper audit trail in the election that is
20 equal to or greater than ten percent (10%) of the total number of
21 direct record electronic voting systems owned, leased, or
22 otherwise available to the county as of January 1, 2022, and as of
23 January 1 in each year thereafter;
24 (2) determines, not later than July 1, 2022, and January 1 of each
25 year thereafter, the minimum number of direct record electronic
26 voting systems including a voter verifiable paper audit trail
27 necessary to comply with the requirement of this subsection; and
28 (3) files a certification of this determination to the secretary of
29 state not later than August 11, 2022, and February 11 of each year
30 thereafter.
31 SECTION 16. IC 3-11-14-3.5, AS AMENDED BY P.L.227-2023,
32 SECTION 100, IS AMENDED TO READ AS FOLLOWS
33 [EFFECTIVE JANUARY 1, 2025]: Sec. 3.5. (a) Each county election
34 board shall have the names of all candidates for all elected offices,
35 political party offices, and public questions printed on ballot labels for
36 use in an electronic voting system as provided in this chapter.
37 (b) The county may:
38 (1) print all offices and public questions on a single ballot label;
39 and
40 (2) include a ballot variation code to ensure that the proper
41 version of a ballot label is used within a precinct.
42 (c) Each type of ballot label must be of uniform size and of the same
2024 IN 1095—LS 6716/DI 144 16
1 quality and color of paper (except as permitted under IC 3-10-1-17).
2 (d) The nominees of a political party or an independent candidate
3 or independent ticket (described in IC 3-11-2-6) nominated by
4 petitioners must be listed on the ballot label with the name and device
5 set forth on the certification or petition. The circle containing the
6 device may be of any size that permits a voter to readily identify the
7 device. IC 3-11-2-5 applies if the certification or petition does not
8 include a name or device, or if the same device is selected by two (2)
9 or more parties or petitioners.
10 (e) The ballot labels must list the offices and public questions on the
11 general election ballot in the order listed in IC 3-11-2-12,
12 IC 3-11-2-12.4, IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a),
13 IC 3-11-2-12.9(c), IC 3-11-2-13(a) through IC 3-11-2-13(c),
14 IC 3-11-2-14(a), IC 3-11-2-14(d), and IC 3-11-2-14(e). Each office and
15 public question may have a separate screen, or the offices and public
16 questions may be listed in a continuous column or row either vertically
17 or horizontally.
18 (f) The name of each office must be printed in a uniform size in bold
19 type. A statement reading substantially as follows must be placed
20 immediately below the name of the office and above the name of the
21 first candidate:
22 (1) "Vote for one (1) only.", if only one (1) candidate is to be
23 elected to the office.
24 (2) "Vote for not more than (insert the number of candidates to be
25 elected) candidate(s) for this office. To vote for any candidate for
26 this office, you must make a voting mark for each candidate you
27 wish to vote for.", A straight party vote will not count as a vote for
28 any candidate for this office.", if more than one (1) candidate is to
29 be elected to the office.
30 (g) Below the name of the office and the statement required by
31 subsection (f), the names of the candidates for each office must be
32 grouped together in the following order:
33 (1) The major political party whose candidate received the highest
34 greatest number of votes in the county for secretary of state at the
35 last most recent election for secretary of state is listed first.
36 (2) The major political party whose candidate received the second
37 highest greatest number of votes in the county for secretary of
38 state at the most recent election for secretary of state is listed
39 second.
40 (3) All other political parties listed in the order that the parties'
41 candidates for secretary of state finished in the last most recent
42 election for secretary of state are listed after the party listed in
2024 IN 1095—LS 6716/DI 144 17
1 subdivision (2).
2 (4) If a political party did not have a candidate for secretary of
3 state in the last most recent election for secretary of state or a
4 nominee is an independent candidate or independent ticket
5 (described in IC 3-11-2-6), the party or candidate is listed after
6 the parties described in subdivisions (1), (2), and (3).
7 (5) If more than one (1) political party or independent candidate
8 or ticket described in subdivision (4) qualifies to be on the ballot,
9 the parties, candidates, or tickets are listed in the order in which
10 the party filed its petition of nomination under IC 3-8-6-12.
11 (6) A space for write-in voting is placed after the candidates listed
12 in subdivisions (1) through (5), if required by law. A space for
13 write-in voting for an office is not required if there are no
14 declared write-in candidates for that office. However, procedures
15 must be implemented to permit write-in voting for candidates for
16 federal offices.
17 (7) The name of a write-in candidate may not be listed on the
18 ballot.
19 (h) The names of the candidates grouped in the order established by
20 subsection (g) must be printed in type with uniform capital letters and
21 have a uniform space between each name. The name of the candidate's
22 political party, or the word "Independent", if the:
23 (1) candidate; or
24 (2) ticket of candidates for:
25 (A) President and Vice President of the United States; or
26 (B) governor and lieutenant governor;
27 is independent, must be placed immediately below or beside the name
28 of the candidate and must be printed in uniform size and type.
29 (i) All the candidates of the same political party for election to
30 at-large seats on the fiscal or legislative body of a political subdivision
31 must be grouped together:
32 (1) under the name of the office that the candidates are seeking;
33 (2) in the party order established by subsection (g); and
34 (3) within the political party, in alphabetical order according to
35 surname.
36 A statement reading substantially as follows must be placed
37 immediately below the name of the office and above the name of the
38 first candidate: "Vote for not more than (insert the number of
39 candidates to be elected) candidate(s) of ANY party for this office.".
40 (j) Candidates for election to at-large seats on the governing body
41 of a school corporation must be grouped:
42 (1) under the name of the office that the candidates are seeking;
2024 IN 1095—LS 6716/DI 144 18
1 and
2 (2) in alphabetical order according to surname.
3 A statement reading substantially as follows must be placed
4 immediately below the name of the office and above the name of the
5 first candidate: "Vote for not more than (insert the number of
6 candidates to be elected) candidate(s) for this office.".
7 (k) The cautionary statement described in IC 3-11-2-7 must be
8 placed at the top or beginning of the ballot label before the first public
9 question is listed.
10 (l) The instructions described in IC 3-11-2-8 IC 3-11-2-10(d), and
11 IC 3-11-2-10(e) IC 3-11-2-10(c) may be:
12 (1) placed on the ballot label; or
13 (2) posted in a location within the voting booth that permits the
14 voter to easily read the instructions.
15 (m) Except as provided in section 14.5 of this chapter, The ballot
16 label must include: a touch sensitive point or button for voting a
17 straight political party ticket by one (1) touch, and the touch sensitive
18 point or button must be identified by:
19 (1) the name of the political party; and
20 (2) immediately below or beside the political party's name, the
21 device of that party (described in IC 3-11-2-5).
22 The name and device of each party must be of uniform size and type,
23 and arranged in the order established by subsection (g) for listing
24 candidates under each office. The instructions described in
25 IC 3-11-2-10(c) for voting a straight party ticket and the statement
26 concerning presidential electors required under IC 3-10-4-3 must be
27 placed on the ballot label. The instructions for voting a straight party
28 ticket must include the statement: "If you do not wish to vote a straight
29 party ticket, press "NEXT" (or replace "NEXT" with the term used by
30 that voting system to permit a voter to skip a ballot screen) to continue
31 voting.".
32 (n) A public question must be in the form described in
33 IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitive
34 point or button must be used instead of a square. Except as expressly
35 authorized or required by statute, a county election board may not print
36 a ballot label that contains language concerning the public question
37 other than the language authorized by a statute.
38 (o) The requirements in this section:
39 (1) do not replace; and
40 (2) are in addition to;
41 any other requirements in this title that apply to ballots for electronic
42 voting systems.
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1 (p) The procedure described in IC 3-11-2-16 must be used when a
2 ballot label does not comply with the requirements imposed by this title
3 or contains another error or omission that might result in confusion or
4 mistakes by voters.
5 SECTION 17. IC 3-11-14-14.5 IS REPEALED [EFFECTIVE
6 JANUARY 1, 2025]. Sec. 14.5. A ballot label must not include a touch
7 sensitive point or button to permit a voter to cast a straight party ticket
8 for a political party if:
9 (1) there are no candidates of that political party; or
10 (2) the only candidates of the political party are for election to
11 offices to which more than one (1) individual is to be elected and
12 which will not be credited with a vote under IC 3-12-1-7 if a voter
13 casts a straight party ticket.
14 SECTION 18. IC 3-11-14-23, AS AMENDED BY P.L.21-2016,
15 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JANUARY 1, 2025]: Sec. 23. (a) This section is enacted to comply
17 with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory
18 standards to define what constitutes a vote on an electronic voting
19 system.
20 (b) If a voter is not challenged by a member of the precinct election
21 board, the voter may pass the railing to the side where an electronic
22 voting system is and into the voting booth. There the voter shall
23 register the voter's vote in secret by indicating:
24 (1) the candidates for whom the voter desires to vote by touching
25 a device on or in the squares immediately above the candidates'
26 names;
27 (2) if the voter intends to cast a write-in vote, a write-in vote by
28 touching a device on or in the square immediately below the
29 candidates' names and printing the name of the candidate in the
30 window provided for write-in voting; and
31 (3) the voter's preference on each public question by touching a
32 device above the word "yes" or "no" under the question.
33 (c) If an election is a general or municipal election and a voter
34 desires to vote for all the candidates of one (1) political party or group
35 of petitioners, the voter may cast a straight party ticket by touching that
36 party's device. Except as provided in IC 3-11-7.5-10(b), the voter's vote
37 shall then be counted for all the candidates under that name. However,
38 if the voter casts a vote by touching the circle of an independent ticket
39 comprised of two (2) candidates, the vote shall not be counted for any
40 other independent candidate on the ballot.
41 (d) (c) As provided by 52 U.S.C. 21081, a voter casting a ballot on
42 an electronic voting system must be:
2024 IN 1095—LS 6716/DI 144 20
1 (1) permitted to verify in a private and independent manner the
2 votes selected by the voter before the ballot is cast and counted;
3 (2) provided the opportunity to change the ballot or correct any
4 error in a private and independent manner before the ballot is cast
5 and counted, including the opportunity to receive a replacement
6 ballot if the voter is otherwise unable to change or correct the
7 ballot; and
8 (3) notified before the ballot is cast regarding the effect of casting
9 multiple votes for the office and provided an opportunity to
10 correct the ballot before the ballot is cast and counted.
11 SECTION 19. IC 3-11-14.5-1, AS AMENDED BY P.L.135-2020,
12 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JANUARY 1, 2025]: Sec. 1. (a) Not later than seventy-four (74) days
14 before election day, for each county planning to use an electronic
15 voting system at the next election, VSTOP shall provide each county
16 election board with a randomly sorted list of unique identification
17 numbers for the inventory of machines in the county maintained under
18 IC 3-11-16-4. Starting at the top of the list, the county election board
19 shall select machines in the list in the order listed so that:
20 (1) if a machine to be selected in the list is not scheduled to be
21 used in the upcoming election, the selection process will move to
22 the next machine in the order listed;
23 (2) each selected machine is scheduled to be used in the
24 upcoming election; and
25 (3) the number of machines selected is not less than five percent
26 (5%) of the machines in the county scheduled by the county
27 election board to be used in the upcoming election.
28 (b) The county election board shall test the machines as described
29 in subsection (a) to ascertain that the machines will correctly count the
30 votes cast for straight party tickets, for all candidates (including
31 write-in candidates) and on all public questions. If an individual
32 attending the public test requests that additional electronic voting
33 systems be tested, then the county election board shall select and test
34 additional machines from the list in the manner described in subsection
35 (a).
36 (c) If VSTOP does not provide the lists under subsection (a) not
37 later than sixty (60) days before the election, the county election board
38 shall establish and implement a procedure for random selection of not
39 less than five percent (5%) of the machines in the county. The county
40 election board shall then test the machines selected to be used in the
41 upcoming election as described in subsection (b).
42 (d) The testing under subsection (b) must begin before absentee
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1 voting starts in the office of the circuit court clerk under IC 3-11-10-26.
2 (e) If a county election board determines that:
3 (1) a ballot provided by an electronic voting system:
4 (A) must be corrected as provided by IC 3-11-2-16 because of
5 the omission of a candidate, political party, or public question
6 from the ballot; or
7 (B) is an absentee ballot that a voter is entitled to recast under
8 IC 3-11.5-4-2 because the absentee ballot includes a candidate
9 for election to office who:
10 (i) ceased to be a candidate; and
11 (ii) has been succeeded by a candidate selected under
12 IC 3-13-1 or IC 3-13-2; and
13 (2) machines used in the test conducted under this section did not
14 contain a ballot that was reprinted or corrected to remove the
15 omission of a candidate, political party, or public question, or
16 indicate the name of the successor candidate;
17 the county election board shall conduct an additional public test
18 described in subsection (b) using the machines previously tested and
19 containing the reprinted or corrected ballots.
20 SECTION 20. IC 3-12-1-1, AS AMENDED BY P.L.64-2014,
21 SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JANUARY 1, 2025]: Sec. 1. Subject to sections 5, 6, 7, 8, 9, 9.5, and
23 13 of this chapter, the primary factor to be considered in determining
24 a voter's choice on a ballot is the intent of the voter. If the voter's intent
25 can be determined on the ballot or on part of the ballot, the vote shall
26 be counted for the affected candidate or candidates or on the public
27 question. However, if it is impossible to determine a voter's choice of
28 candidates on a part of a ballot or vote on a public question, then the
29 voter's vote concerning those candidates or public questions may not
30 be counted.
31 SECTION 21. IC 3-12-1-5, AS AMENDED BY P.L.278-2019,
32 SECTION 137, IS AMENDED TO READ AS FOLLOWS
33 [EFFECTIVE JANUARY 1, 2025]: Sec. 5. (a) This subsection does not
34 apply to a ballot card voting system or an electronic voting system.
35 Except as provided in subsection (d), A voting mark made by a voter
36 on or in a voting square at the left of a candidate's name or political
37 party's name shall be counted as a vote for the candidate. or candidates
38 of the political party.
39 (b) This subsection applies to a ballot card voting system. A voting
40 mark made by a voter:
41 (1) on or in a circle, oval, or square; or
42 (2) to connect a connectable arrow;
2024 IN 1095—LS 6716/DI 144 22
1 immediately below or beside a candidate's name or political party's
2 name shall be counted as a vote for the candidate. or candidates of the
3 political party, except as provided in subsection (d).
4 (c) This subsection applies to a direct record electronic voting
5 system. A voting mark made by a voter touching a touch sensitive point
6 or button below or beside a candidate's name or political party's name
7 shall be counted as a vote for the candidate. or candidates of the
8 political party, except as provided in subsection (d).
9 (d) A voter who wishes to cast a ballot for a candidate for election
10 to an at-large district to which more than one (1) person may be elected
11 on a:
12 (1) county council;
13 (2) city common council;
14 (3) town council; or
15 (4) township board;
16 must make a voting mark for each individual candidate for whom the
17 voter wishes to cast a vote. A straight ticket voting mark on a paper
18 ballot, ballot card voting system, or electronic voting system shall not
19 be counted as a straight party ticket voting mark as a vote for any
20 candidate for an office described by this subsection.
21 SECTION 22. IC 3-12-1-7, AS AMENDED BY P.L.21-2016,
22 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JANUARY 1, 2025]: Sec. 7. (a) This subsection applies whenever a
24 voter:
25 (1) votes a straight party ticket; and
26 (2) votes only for one (1) or more individual candidates who are
27 all of the same political party as the straight ticket vote.
28 Except as provided in subsection (d) or (e), the straight ticket vote shall
29 be counted and the individual candidate votes may not be counted.
30 (b) This subsection applies whenever:
31 (1) a voter has voted a straight party ticket for the candidates of
32 one (1) political party;
33 (2) only one (1) person may be elected to an office; and
34 (3) the voter has voted for one (1) individual candidate for the
35 office described in subdivision (2) who is:
36 (A) a candidate of a political party other than the party for
37 which the voter voted a straight ticket; or
38 (B) an independent candidate or declared write-in candidate
39 for the office.
40 If the voter has voted for one (1) individual candidate for the office
41 described in subdivision (2), the individual candidate vote for that
42 office shall be counted, the straight party ticket vote for that office may
2024 IN 1095—LS 6716/DI 144 23
1 not be counted, and the straight party ticket votes for other offices on
2 the ballot shall be counted.
3 (c) This subsection applies whenever:
4 (1) a voter has voted a straight party ticket for the candidates of
5 one (1) political party; and
6 (2) the voter has voted for more individual candidates for the
7 office than the number of persons to be elected to that office.
8 The individual candidate votes for that office may not be counted, the
9 straight party ticket vote for that office may not be counted, and the
10 straight party ticket votes for other offices on the ballot shall be
11 counted.
12 (d) This subsection applies whenever:
13 (1) a voter has voted a straight party ticket for the candidates of
14 one (1) political party;
15 (2) more than one (1) person may be elected to an office; and
16 (3) the voter has voted for individual candidates for the office
17 described in subdivision (2) who are:
18 (A) independent candidates or declared write-in candidates;
19 (B) candidates of a political party other than the political party
20 for which the voter cast a straight party ticket under
21 subdivision (1); or
22 (C) a combination of candidates described in clauses (A) and
23 (B).
24 The individual votes cast by the voter for the office for the independent
25 candidates, declared write-in candidates, and the candidates of a
26 political party other than the political party for which the voter cast a
27 straight party ticket shall be counted unless the total number of these
28 individual votes is greater than the number of persons to be elected to
29 the office. The straight party ticket votes for the office shall not be
30 counted. The straight party ticket votes for other offices on the voter's
31 ballot shall be counted.
32 (e) This subsection applies whenever:
33 (1) a voter has voted a straight party ticket for the candidates of
34 one (1) political party;
35 (2) more than one (1) person may be elected to an office; and
36 (3) the voter has voted for individual candidates for the office
37 described in subdivision (2) who are:
38 (A) independent candidates, declared write-in candidates, or
39 candidates of a political party other than the political party for
40 which the voter cast a straight party ticket under subdivision
41 (1); and
42 (B) candidates of the same political party for which the voter
2024 IN 1095—LS 6716/DI 144 24
1 cast a straight party ticket under subdivision (1).
2 The individual votes cast by the voter for the office for the independent
3 candidates, the declared write-in candidates, and the candidates of a
4 political party other than the political party for which the voter cast a
5 straight party ticket, and the candidates of the political party for which
6 the voter cast a straight party ticket shall be counted unless the total
7 number of these individual votes is greater than the number of persons
8 to be elected to the office. The straight party ticket votes for the office
9 shall not be counted. The straight party ticket votes for other offices on
10 the voter's ballot shall be counted.
11 (f) If a voter votes a straight party ticket for more than one (1)
12 political party, the whole ballot is void with regard to all candidates
13 nominated by a political party, declared write-in candidates, or
14 candidates designated as independent candidates on the ballot.
15 However, the voter's vote for a school board candidate or on a public
16 question shall be counted if otherwise valid under this chapter.
17 (g) (a) If a voter does not vote a straight party ticket and the number
18 of votes cast by that a voter for the candidates for an office are less
19 than or equal to the number of openings for that office, the individual
20 candidates votes shall be counted.
21 (h) (b) If a voter does not vote a straight party ticket and the number
22 of votes cast by that a voter for an office exceeds the number of
23 openings for that office, none of the votes concerning that office may
24 be counted.
25 SECTION 23. IC 3-12-1-7.5, AS AMENDED BY P.L.21-2016,
26 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JANUARY 1, 2025]: Sec. 7.5. (a) If a voter votes for one (1) individual
28 candidate for an office for which only one (1) person may be elected
29 and also writes in the name of another candidate for the same office,
30 neither vote may be counted.
31 (b) If a voter votes for at least one (1) individual candidate for an
32 office for which at least two (2) people may be elected and also writes
33 in the name of at least one (1) candidate, the vote for that office may
34 not be counted unless the number of individual votes cast for the office,
35 when added to the number of write-in votes cast for that office, is less
36 than or equal to the number of seats available for that office.
37 (c) If a voter votes an individual or a straight party vote for a
38 candidate for an office and also writes in the name of the same
39 candidate for the same office, only one (1) vote for that candidate may
40 be counted.
41 SECTION 24. IC 3-12-1-8 IS REPEALED [EFFECTIVE
42 JANUARY 1, 2025]. Sec. 8. (a) Except as provided in subsection (b),
2024 IN 1095—LS 6716/DI 144 25
1 a voting mark made by a voter on or in a circle containing a political
2 party device shall be counted as a vote for each candidate of that
3 political party on that ballot.
4 (b) A voter who wishes to cast a ballot for a candidate for election
5 to an at-large district to which more than one (1) person may be elected
6 on a:
7 (1) county council;
8 (2) city common council;
9 (3) town council; or
10 (4) township board;
11 must make a voting mark for each individual candidate for whom the
12 voter wishes to cast a vote. A voting mark on or in a circle containing
13 a political party device shall not be counted as a straight party ticket
14 voting mark as a vote for any candidate for an office described by this
15 subsection.
16 SECTION 25. IC 3-12-1-14 IS AMENDED TO READ AS
17 FOLLOWS [EFFECTIVE JANUARY 1, 2025]: Sec. 14. (a) This
18 section does not apply to a vote
19 (1) cast for President or Vice President of the United States under
20 IC 3-10-4-6. or
21 (2) described by section 15 of this chapter.
22 (b) A vote cast for a candidate who ceases to be a candidate may not
23 be counted as a vote for a successor candidate selected under IC 3-13-1
24 or IC 3-13-2.
25 SECTION 26. IC 3-12-1-15 IS REPEALED [EFFECTIVE
26 JANUARY 1, 2025]. Sec. 15. (a) This section does not apply to a
27 candidate for an at-large office of a county council, city common
28 council, town council, or township board, if those offices appear on a
29 ballot.
30 (b) This section applies to a vote cast for one (1) straight party ticket
31 that includes a candidate for election to office who:
32 (1) ceases to be a candidate; and
33 (2) is succeeded by a candidate selected under IC 3-13-1 or
34 IC 3-13-2.
35 (c) A vote cast in the election for the original nominee is considered
36 a vote cast for the successor.
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