Introduced Version
SENATE BILL No. 302
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-5-2; IC 3-11; IC 3-11.5.
Synopsis: Absentee ballots. Provides that absentee ballots may be
processed, counted, and tabulated before 6 p.m. on election day, but
vote totals for a precinct, a county, or an election district may not be
released before 6 p.m. on election day. Describes the process of
processing, counting, and tabulating early voting absentee ballots.
Requires a county election board to use the procedures relating to
voting and processing of ballots by voters who vote in person at a
precinct or vote center on election day, to the extent that such
procedures are applicable in the context of early voting. Provides that
an absentee ballot card voted during early voting may be scanned using
an optical scan ballot scanner beginning 28 calendar days before
election day. (Under current law, scanning may begin not earlier than
seven days before election day.) Requires that a feature of a voting
system that enables the retraction of a ballot must be approved before
being used in an election. Provides that a voting system retraction
process must be designed to minimize the possibility that the retracted
votes on a voter's ballot can be linked to the identity of the voter.
Relocates statutes applicable to early voting absentee ballots and mail
absentee ballots. Repeals superseded statutes.
Effective: July 1, 2025.
Walker G
January 13, 2025, read first time and referred to Committee on Elections.
2025 IN 302—LS 7035/DI 149 Introduced
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
SENATE BILL No. 302
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 3-5-2-15.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 15.5. (a) "Counted" means, with respect to a ballot,
4 that all of the following have occurred:
5 (1) The ballot has been processed.
6 (2) Either of the following has occurred:
7 (A) The votes on the processed ballot have been recorded
8 in the electronic memory of a component of the voting
9 system that reads the votes on the ballot.
10 (B) If a component of a voting system does not read the
11 votes on the ballot, the votes on the processed ballot are
12 recorded on a physical, separate document other than an
13 electronic document.
14 (b) The term does not include the tabulation of ballots.
15 SECTION 2. IC 3-5-2-16.6 IS ADDED TO THE INDIANA CODE
16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
17 1, 2025]: Sec. 16.6. "Early voting" refers to voting before an
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1 absentee voter board under IC 3-11-10-26.
2 SECTION 3. IC 3-5-2-40.4 IS ADDED TO THE INDIANA CODE
3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4 1, 2025]: Sec. 40.4. "Processed" means, with respect to a ballot, the
5 procedure that this title requires to be completed before the ballot
6 may be counted or tabulated.
7 SECTION 4. IC 3-5-2-42.7 IS ADDED TO THE INDIANA CODE
8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
9 1, 2025]: Sec. 42.7. "Retraction" means, with respect to a ballot, the
10 removal of the votes on the ballot from the memory or the
11 document onto which the votes were recorded.
12 SECTION 5. IC 3-5-2-48.3 IS ADDED TO THE INDIANA CODE
13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
14 1, 2025]: Sec. 48.3. "Tabulated" means, with respect to ballots, the
15 process of cumulating into totals the votes on the ballots in a
16 precinct, a county, or the election district for each office and each
17 public question on the ballot in the precinct, county, or election
18 district.
19 SECTION 6. IC 3-11-2-17 IS ADDED TO THE INDIANA CODE
20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
21 1, 2025]: Sec. 17. (a) This section applies only to the following
22 ballots:
23 (1) Paper ballots.
24 (2) Optical scan ballot cards.
25 (b) As used in this section, "counting component" refers to a
26 component of a county's voting system:
27 (1) into which ballots are scanned; and
28 (2) that counts ballots.
29 (c) As used in this section, "voting location" refers to any of the
30 following:
31 (1) A precinct polling place on election day.
32 (2) A vote center.
33 (3) The circuit court clerk's office or a satellite office for
34 voting under IC 3-11-10-26.
35 (d) Except as provided in subsections (e) and (f), after a voter
36 completes marking the voter's ballot, the voter shall be instructed
37 to place the voter's ballot in an envelope and place that envelope in
38 a locked container provided for that purpose. The voter's absentee
39 ballot shall be processed, counted, and tabulated as provided in
40 IC 3-11.5.
41 (e) If the county's voting system uses a counting component at
42 a voting location, except as provided in subsection (f), a voter shall
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1 be permitted, under the supervision of the precinct election board
2 or the county election board, to scan the voter's ballot into the
3 counting component. After a voter scans the voter's ballot into the
4 counting component, the voter shall be instructed as provided in
5 subsection (d).
6 (f) If the counting components at a voting location malfunction,
7 the voter shall be informed of that circumstance and be instructed
8 as provided in subsection (d). The voter's absentee ballot shall then
9 be processed, counted, and tabulated as provided in IC 3-11.5-4.
10 SECTION 7. IC 3-11-15-62 IS ADDED TO THE INDIANA CODE
11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
12 1, 2025]: Sec. 62. (a) A feature of a voting system that enables the
13 retraction of a ballot must be approved under this article before
14 being used in an election under this title.
15 (b) A voting system retraction process must be designed to
16 minimize the possibility that the retracted votes on a voter's ballot
17 can be linked to the identity of the voter.
18 SECTION 8. IC 3-11.5-1-5 IS ADDED TO THE INDIANA CODE
19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
20 1, 2025]: Sec. 5. Absentee ballots may be processed, counted, and
21 tabulated before 6 p.m. on election day as provided in this article,
22 but vote totals for a precinct, a county, or an election district may
23 not be released before 6 p.m. on election day.
24 SECTION 9. IC 3-11.5-1-6 IS ADDED TO THE INDIANA CODE
25 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
26 1, 2025]: Sec. 6. (a) This section applies to a person who observes
27 or performs any of the following under this article:
28 (1) The counting of absentee ballots.
29 (2) The proceedings of absentee ballot counters or the county
30 election board regarding a protested ballot.
31 (3) The preparation of a certificate by absentee ballot
32 counters.
33 (4) The delivery of a certificate to the circuit court clerk or
34 county election board.
35 (b) Except as provided in this article, a person shall not provide
36 any other person with information concerning the number of votes:
37 (1) a candidate received for an office; or
38 (2) cast to approve or reject a public question;
39 on absentee ballots counted under this chapter before 6 p.m. on
40 election day.
41 SECTION 10. IC 3-11.5-1-7 IS ADDED TO THE INDIANA CODE
42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
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1 1, 2025]: Sec. 7. Each circuit court clerk shall keep a separate
2 absentee ballot record for each precinct in the county.
3 SECTION 11. IC 3-11.5-1-8 IS ADDED TO THE INDIANA CODE
4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
5 1, 2025]: Sec. 8. (a) This subsection applies to a county in which the
6 county voter registration office prepares a certified list of all voters
7 registered to vote in each precinct in the county under IC 3-7-29-1.
8 The circuit court clerk shall do either of the following:
9 (1) Certify to each inspector or the inspector's representative,
10 at the time that the ballots and supplies are delivered under
11 IC 3-11-3, the names of the voters:
12 (A) to whom absentee ballots were sent or who marked
13 ballots in person; and
14 (B) whose ballots have been received by the county election
15 board under IC 3-11-10.
16 (2) Provide a certified list of voters that have been marked to
17 designate the names of the voters described in subdivision (1).
18 (b) This subsection applies to a county that uses electronic poll
19 books. The circuit court clerk shall certify at the time the county
20 voter registration office downloads information to an electronic
21 poll book under IC 3-7-29-6(c), the names of the voters:
22 (1) to whom absentee ballots were sent or who marked ballots
23 in person; and
24 (2) whose ballots have been received by the county election
25 board under IC 3-11-10.
26 SECTION 12. IC 3-11.5-3.5 IS ADDED TO THE INDIANA CODE
27 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]:
29 Chapter 3.5. Counting Early Voting Absentee Ballots
30 Sec. 1. This chapter applies only to the processing, counting, and
31 tabulating of absentee ballots cast during early voting.
32 Sec. 2. The county election board shall use the procedures
33 described in this title relating to voting and processing of ballots by
34 voters who vote in person at a precinct or vote center on election
35 day, to the extent that such procedures:
36 (1) are applicable in the context of early voting; and
37 (2) are consistent with this chapter.
38 Sec. 3. (a) A voted absentee ballot card may be scanned
39 beginning twenty-eight (28) days before election day.
40 (b) For purposes of this title, an absentee ballot card scanned
41 under this section is considered processed and counted.
42 (c) The county election board shall retract a previously scanned
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1 absentee ballot card of a voter who is later found disqualified or
2 whose ballot may not be counted for any other reason under this
3 title.
4 Sec. 4. (a) For purposes of this title, an absentee ballot recorded
5 on an electronic voting system is considered processed and counted
6 when it is recorded on the electronic voting system.
7 (b) The county election board shall retract a previously counted
8 absentee ballot recorded on an electronic voting system of a voter
9 who is later found disqualified or whose ballot may not be counted
10 for any other reason under this title.
11 Sec. 5. Absentee ballots counted under this chapter shall be
12 tabulated with the absentee ballots counted under IC 3-11.5-4.
13 Sec. 6. (a) If proof is given that a voter who voted early died
14 before election day, the absentee ballot of the deceased voter shall
15 be retracted as provided in this article.
16 (b) Documentation of the proof given under subsection (a) and
17 the retraction of the deceased voter's ballot shall be retained with
18 other rejected ballots under IC 3-11.5-4.
19 (c) The failure to retract the absentee ballot of a deceased voter
20 does not invalidate an election.
21 SECTION 13. IC 3-11.5-4-0.7 IS ADDED TO THE INDIANA
22 CODE AS A NEW SECTION TO READ AS FOLLOWS
23 [EFFECTIVE JULY 1, 2025]: Sec. 0.7. This chapter applies only to
24 counting the following absentee ballots:
25 (1) Absentee ballots received by mail.
26 (2) Absentee ballots cast before an absentee voter board under
27 IC 3-11-10-25.
28 SECTION 14. IC 3-11.5-4-1 IS REPEALED [EFFECTIVE JULY
29 1, 2025]. Sec. 1. Each circuit court clerk shall do the following:
30 (1) Keep a separate absentee ballot record for each precinct in the
31 county.
32 (2) This subdivision applies to a county in which the county voter
33 registration office prepares a certified list of all voters registered
34 to vote in each precinct in the county under IC 3-7-29-1. Either:
35 (A) certify to each inspector or the inspector's representative,
36 at the time that the ballots and supplies are delivered under
37 IC 3-11-3, the names of the voters:
38 (i) to whom absentee ballots were sent or who marked
39 ballots in person; and
40 (ii) whose ballots have been received by the county election
41 board under IC 3-11-10; or
42 (B) provide a certified list of voters that have been marked to
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1 designate the names of the voters described in clause (A).
2 (3) This subdivision applies to a county that has adopted an order
3 to use an electronic poll book under IC 3-7-29-6 or is a vote
4 center county under IC 3-11-18.1. Certify at the time the county
5 voter registration office downloads information to an electronic
6 poll book under IC 3-7-29-6(c), the names of the voters:
7 (A) to whom absentee ballots were sent or who marked ballots
8 in person; and
9 (B) whose ballots have been received by the county election
10 board under IC 3-11-10.
11 SECTION 15. IC 3-11.5-4-6, AS AMENDED BY P.L.108-2021,
12 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 6. (a) Each circuit court clerk shall keep all
14 accepted ballot envelopes securely sealed in the clerk's office until the
15 ballot envelopes are opened by absentee ballot counters in accordance
16 with this chapter.
17 (b) A The county election board may scan a voted absentee ballot
18 card using an optical scan ballot scanner not earlier than seven (7)
19 calendar days before election day. However, the county election board:
20 (1) may not tabulate the ballots before election day; and (2) shall retract
21 a previously scanned absentee ballot card of a voter who is later found
22 disqualified or whose ballot may not be counted for any other reason
23 under this title.
24 SECTION 16. IC 3-11.5-4-8, AS AMENDED BY P.L.169-2015,
25 SECTION 136, IS AMENDED TO READ AS FOLLOWS
26 [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) This section does not apply
27 to a county that (1) has adopted an order to use an electronic poll book
28 under IC 3-7-29-6(a)(1); or (2) is a vote center county under
29 IC 3-11-18.1; uses electronic poll books if the electronic poll book
30 used at a polling place or vote center is immediately updated to indicate
31 the county received, not later than noon on election day, an absentee
32 ballot from a voter.
33 (b) Each county election board shall certify the names of voters:
34 (1) to whom absentee ballots were sent or who marked ballots in
35 person; and
36 (2) whose ballots have been received by the board under this
37 chapter;
38 after the certification under section 1 of this chapter IC 3-11.5-1-8 and
39 not later than noon on election day.
40 (c) The county election board shall have:
41 (1) the certificates described in subsection (b); and
42 (2) the circuit court clerk's certificates for voters who have
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1 registered and voted under IC 3-7-36-14;
2 delivered to the precinct election boards at their respective polls on
3 election day by couriers appointed under section 22 of this chapter.
4 (d) The certificates shall be delivered not later than 3 p.m. on
5 election day.
6 SECTION 17. IC 3-11.5-4-9, AS AMENDED BY P.L.157-2019,
7 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2025]: Sec. 9. (a) This section does not apply to a county that
9 (1) has adopted an order to use an electronic poll book under
10 IC 3-7-29-6(a)(1); or (2) is a vote center county under IC 3-11-18.1;
11 uses electronic poll books if the electronic poll book used at a polling
12 place or vote center is immediately updated to indicate that the county
13 received, not later than noon on election day, an absentee ballot from
14 a voter.
15 (b) Upon delivery of the certificates under section 8 of this chapter
16 to a precinct election board, the inspector shall do the following in the
17 presence of the poll clerks:
18 (1) Mark the poll list.
19 (2) Attach the certificates of voters who have registered and voted
20 under IC 3-7-36-14 to the poll list.
21 (3) Indicate next to the voter's name on either:
22 (A) the certificate prepared under section 1 of this chapter;
23 IC 3-11.5-1-8; or
24 (B) the certificate delivered under section 8 of this chapter;
25 that the voter has voted in person at the polls if a person listed in
26 either certificate has voted in person at the polls.
27 The poll clerks shall sign the statement printed on the certificate
28 indicating that the inspector marked the poll list and attached the
29 certificates under this section in the presence of both poll clerks to
30 indicate that the absentee ballot of the voter has been received by the
31 county election board.
32 (c) The inspector shall then deposit:
33 (1) the certificate prepared under section 1 of this chapter,
34 IC 3-11.5-1-8, if any was provided by the circuit court clerk;
35 (2) the certificate prepared under section 8 of this chapter; and
36 (3) any challenge affidavit executed by a qualified person under
37 section 15 of this chapter;
38 in an envelope in the presence of both poll clerks.
39 (d) The inspector shall seal the envelope. The inspector and each
40 poll clerk shall then sign a statement printed on the envelope indicating
41 that the inspector or poll clerk has complied with the requirements of
42 this chapter governing the marking of the poll list and certificates.
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1 (e) The couriers shall immediately return the envelope described in
2 subsection (c) to the county election board. Upon delivering the
3 envelope to the county election board, each courier shall sign a
4 statement printed on the envelope indicating that the courier has not
5 opened or tampered with the envelope since the envelope was delivered
6 to the courier.
7 SECTION 18. IC 3-11.5-4-10, AS AMENDED BY P.L.109-2021,
8 SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]: Sec. 10. (a) This subsection applies to a county that: if
10 both of the following apply to the county:
11 (1) The county uses a paper list of voters provided under
12 IC 3-7-29-2.
13 (2) has not adopted an order to The county does not use an
14 electronic poll book under IC 3-7-29-6(a)(1); and (3) is not a vote
15 center county under IC 3-11-18.1. books.
16 Subject to IC 3-10-8-7.5, IC 3-12-1-17, and section 7 of this chapter,
17 absentee ballots received by mail (or by fax or electronic mail under
18 IC 3-11-4-6) after 6 p.m. on election day are considered as arriving too
19 late and may not be counted or tabulated.
20 (b) This subsection applies to a county described in subsection (a).
21 An absentee ballot that is returned to the county election board between
22 noon and 6 p.m. on election day may not be reviewed or processed or
23 counted under this article until all of the following have occurred:
24 (1) The polls in each precinct have closed.
25 (2) The poll list for the precinct with an absentee ballot that has
26 not been counted has been returned to the county election board.
27 (3) The county election board confirms whether the voter cast a
28 ballot at the polls on election day.
29 (c) This subsection applies to a county that: (1) has adopted an order
30 to use an electronic poll book under IC 3-7-29-6(a)(1); or (2) is a vote
31 center county under IC 3-11-18.1. if the county uses electronic poll
32 books. Subject to IC 3-10-8-7.5 and IC 3-12-1-17, absentee ballots
33 received by mail or by fax or electronic mail under IC 3-11-4 after 6
34 p.m. on election day are considered as arriving too late and may not be
35 counted or tabulated.
36 SECTION 19. IC 3-11.5-4-11, AS AMENDED BY P.L.227-2023,
37 SECTION 115, IS AMENDED TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2025]: Sec. 11. (a) Upon receipt of the absentee
39 ballot and not later than election day, the county election board shall
40 examine the signature on the absentee ballot.
41 (b) This subsection applies to a county that has not adopted an order
42 to use an electronic poll book under IC 3-7-29-6(a)(1) or is a vote
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1 center county under IC 3-11-18.1. does not use electronic poll books.
2 Except as provided in subsection (c), (d), or (e), at any time after the
3 couriers return the certificate under section 9 of this chapter, absentee
4 ballot counters appointed under section 22 of this chapter, in the
5 presence of the county election board, shall, except for a ballot rejected
6 under section 13 of this chapter, do all of the following:
7 (1) Open the outer or carrier envelope containing an absentee
8 ballot envelope and application.
9 (2) Announce the absentee voter's name. and
10 (3) Compare the signature upon the ballot application or, if there
11 is no application, with the signature on the electronic poll book
12 with the signature upon the:
13 (A) voter's absentee ballot envelope; or
14 (B) if there is no envelope, computerized list.
15 (c) This subsection applies to a county (other than a county
16 described in subsection (d) or (e)) that:
17 (1) has adopted an order to use an electronic poll book under
18 IC 3-7-29-6(a)(1); or
19 (2) is a vote center county under IC 3-11-18.1; uses electronic
20 poll books; and
21 (2) has not updated the computerized list to reflect absentee
22 ballots received on election day.
23 After the receipt receiving and processing required under sections 12
24 and 12.5 of this chapter to process an absentee ballot from a voter and
25 after ensuring that the electronic poll books used in each polling place
26 or vote center have been updated to reflect all absentee ballots received
27 by the county not later than 12:01 a.m. on election day, the absentee
28 ballot counters shall, at any time after 6:00 a.m. on election day, in a
29 central counting location designated by the county election board,
30 count the absentee ballot. votes cast for each candidate, for each office,
31 and on each public question.
32 (d) This subsection applies to a county having a consolidated city,
33 if the county
34 (1) has adopted an order to use an electronic poll book under
35 IC 3-7-29-6(a)(1); or
36 (2) is a vote center county under IC 3-11-18.1. uses electronic
37 poll books.
38 After the receipt receiving and processing required under sections 12
39 and 12.5 of this chapter to process an absentee ballot from a voter and
40 after ensuring that the electronic poll books used in each polling place
41 or vote center have been updated to reflect all absentee ballots received
42 by the county not later than 12:01 a.m. on election day, the absentee
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1 ballot counters shall, at any time after 6:00 a.m. on election day, in a
2 central counting location designated by the county election board,
3 count the absentee ballot. votes cast for each candidate, for each office,
4 and on each public question.
5 (e) This subsection applies to a county other than a county having
6 a consolidated city, if the county election board has adopted a
7 resolution by the unanimous vote of the entire membership of the board
8 to use procedures set forth in this subsection, and the county (1) has
9 adopted an order to use an electronic poll book under
10 IC 3-7-29-6(a)(1); or (2) is a vote center county under IC 3-11-18.1.
11 uses electronic poll books. After the receipt receiving and processing
12 required under section 12 of this chapter to process an absentee ballot
13 from a voter and after ensuring that the electronic poll books used in
14 each polling place or vote center have been updated to reflect all
15 absentee ballots received by the county not later than 12:01 a.m. on
16 election day, the absentee ballot counters shall, at any time after 6:00
17 a.m. on election day, in a central counting location designated by the
18 county election board, count the absentee ballot. votes cast for each
19 candidate, for each office, and on each public question.
20 (f) A resolution adopted under subsection (e) may be repealed or
21 amended only by the unanimous vote of the entire membership of the
22 county election board.
23 SECTION 20. IC 3-11.5-4-11.3 IS ADDED TO THE INDIANA
24 CODE AS A NEW SECTION TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2025]: Sec. 11.3. (a) This section describes
26 the actions for processing an absentee ballot in a county to which
27 section 11.5 of this chapter applies.
28 (b) A team of absentee ballot counters shall do the following:
29 (1) Conduct a review of the absentee ballot required by
30 section 12(a) through 12(c) of this chapter.
31 (2) Determine in accordance with section 13 of this chapter
32 whether the absentee ballot must be rejected.
33 (3) Open the envelope containing the absentee ballot in a
34 manner that does not deface or destroy the affidavit and take
35 out each ballot enclosed without unfolding or permitting the
36 ballot to be unfolded or examined.
37 (4) Determine if the absentee ballot has been endorsed with
38 the initials of:
39 (A) the two (2) members of the absentee voter board in the
40 office of the circuit court clerk under IC 3-11-4-19 or
41 IC 3-11-10-27;
42 (B) the two (2) members of the absentee voter board
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1 visiting the voter under IC 3-11-10-25; or
2 (C) the two (2) appointed members of the county election
3 board or the members' designated representatives under
4 IC 3-11-4-19.
5 (c) If the team of absentee ballot counters determines the
6 absentee ballot can be counted under this chapter, the absentee
7 ballot must be stored in an envelope or container kept for ballots
8 of the same precinct. The envelope or container must:
9 (1) have the name of the precinct written on the envelope or
10 container; and
11 (2) be stored in a secure manner under a dual lock controlled
12 by both appointed members of the county election board.
13 (d) A member of the county election board may challenge a
14 voter under section 15(c) of this chapter when a team of absentee
15 ballot counters is processing an absentee ballot under this section.
16 SECTION 21. IC 3-11.5-4-11.5, AS ADDED BY P.L.108-2021,
17 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2025]: Sec. 11.5. (a) This section applies to a county if the
19 county election board has adopted a resolution by the unanimous vote
20 of the entire membership of the board to use the procedures set forth in
21 this section, and the county (1) has adopted an order to use an
22 electronic poll book under IC 3-7-29-6(a)(1); or (2) is a vote center
23 county under IC 3-11-18.1. uses electronic poll books.
24 (b) Absentee ballot counters appointed under section 22 of this
25 chapter shall, in the presence of the county election board, process an
26 absentee ballot of a voter as follows:
27 (1) Beginning at noon, three (3) days before the election day for
28 any absentee ballot that has been received by the county election
29 board not later than noon, four (4) days before the election day.
30 (2) Beginning at noon, two (2) days before the election day for
31 any absentee ballot that has been received by the county election
32 board any time after noon, four (4) days before the election day
33 and not later than noon, three (3) days before the election day.
34 (3) Beginning at noon, the day before the election day for any
35 absentee ballot that has been received by the county election
36 board any time after noon, three (3) days before the election day
37 and not later than noon, two (2) days before the election day.
38 (c) A team of absentee ballot counters shall do all of the following:
39 (1) Conduct a review of the absentee ballot required by section
40 12(a) through 12(c) of this chapter. Section 12(e) and 12(f) of this
41 chapter apply to this subdivision.
42 (2) Determine in accordance with section 13 of this chapter if the
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1 absentee ballot cannot be counted.
2 (3) Open the envelope containing the absentee ballot in a manner
3 that does not deface or destroy the affidavit and take out each
4 ballot enclosed without unfolding or permitting the ballot to be
5 unfolded or examined.
6 (4) Determine if the absentee ballot has been endorsed with the
7 initials of:
8 (A) the two (2) members of the absentee voter board in the
9 office of the clerk of the circuit court under IC 3-11-4-19 or
10 IC 3-11-10-27;
11 (B) the two (2) members of the absentee voter board visiting
12 the voter under IC 3-11-10-25; or
13 (C) the two (2) appointed members of the county election
14 board or the members' designated representatives under
15 IC 3-11-4-19.
16 (d) If the team of absentee ballot counters determines the absentee
17 ballot can be counted under this chapter, the absentee ballot must be
18 stored in an envelope or container kept for ballots of the same precinct.
19 The envelope or container must:
20 (1) have the name of the precinct written on the envelope or
21 container; and
22 (2) be stored in a secure manner under dual lock controlled by
23 both appointed members of the county election board.
24 (e) (c) An absentee ballot determined permitted to be counted
25 under this section shall be counted and tabulated according to this
26 article. on election day in accordance with section 11 of this chapter.
27 (f) A member of the county election board may challenge a voter
28 under section 15(c) of this chapter when a team of absentee ballot
29 counters is processing an absentee ballot under this section.
30 SECTION 22. IC 3-11.5-4-12, AS AMENDED BY P.L.65-2024,
31 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2025]: Sec. 12. (a) Notwithstanding any provision to the
33 contrary in this chapter, in a county described by subsection (e) or (f),
34 the signature review process described in this section may be
35 conducted at any time after receipt of an absentee ballot by the county
36 election board.
37 (b) (a) If the absentee ballot counters find under section 11 of this
38 chapter that:
39 (1) the affidavit is properly executed;
40 (2) the signatures correspond;
41 (3) the absentee voter is a qualified voter of the precinct;
42 (4) the absentee voter is registered and is not required to file
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1 additional information with the county voter registration office
2 under IC 3-7-33-4.5 or IC 3-7-33-4.7; and
3 (5) in case of a primary election, if the absentee voter has not
4 previously voted, the absentee voter has executed the proper
5 declaration relative to age and qualifications and the political
6 party with which the absentee voter intends to affiliate;
7 the absentee ballot counters shall open the envelope containing the
8 absentee ballots so as not to deface or destroy the affidavit and take out
9 each ballot enclosed without unfolding or permitting a ballot to be
10 unfolded or examined.
11 (c) (b) If the absentee ballot counters find under subsection (b) (a)
12 that the voter has not filed the additional information required to be
13 filed with the county voter registration office under IC 3-7-33-4.5 or
14 IC 3-7-33-4.7, but that all of the other findings listed under subsection
15 (b) (a) apply, the absentee ballot shall be processed as a provisional
16 ballot under IC 3-11.7.
17 (d) (c) The absentee ballot counters shall then deposit the ballots in
18 a secure envelope with the name of the precinct set forth on the outside
19 of the envelope. After the absentee ballot counters or the county
20 election board has made the findings described in subsection (b) (a) or
21 section 13 of this chapter for all absentee ballots of the precinct, the
22 absentee ballot counters shall remove all the ballots deposited in the
23 envelope under this section for counting under IC 3-11.5-5 or
24 IC 3-11.5-6.
25 (e) This subsection applies to a county having a consolidated city.
26 For an absentee ballot cast in person by a voter under IC 3-11-10-25,
27 IC 3-11-10-26, or IC 3-11-10-26.3, the absentee ballot counters may,
28 but are not required to, make the findings required under subsection
29 (b)(2) or (b)(3).
30 (f) This subsection applies to a county:
31 (1) that does not have a consolidated city; and
32 (2) when the county election board has adopted a resolution by
33 the unanimous vote of its entire membership to use the procedures
34 set forth in this subsection.
35 For an absentee ballot cast in person by a voter under IC 3-11-10-25,
36 IC 3-11-10-26, or IC 3-11-10-26.3, the absentee ballot counters may,
37 but are not required to, make the findings required under subsection
38 (b)(2) or (b)(3).
39 (g) A resolution adopted under subsection (f) may be repealed or
40 amended only by the unanimous vote of the entire membership of the
41 county election board.
42 SECTION 23. IC 3-11.5-4-12.5, AS AMENDED BY P.L.109-2021,
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1 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 12.5. (a) Notwithstanding section 12(b) 12(a) of
3 this chapter and subject to subsection (b), absentee ballot envelopes
4 may be opened by machine instead of by the absentee ballot counters.
5 For purposes of certification of voting systems under this article, a
6 machine, the only function of which is the opening of envelopes, is not
7 considered to be a voting system or part of a voting system.
8 (b) After making the applicable findings under section 12(b) 12(a)
9 of this chapter, the absentee ballot counters shall take out each ballot
10 enclosed in an envelope opened under subsection (a) without unfolding
11 or permitting a ballot to be unfolded or examined. The absentee ballots
12 shall then continue to be processed as provided under section 12 and
13 other applicable provisions of this chapter.
14 SECTION 24. IC 3-11.5-4-15, AS AMENDED BY P.L.169-2015,
15 SECTION 139, IS AMENDED TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) Except as provided in
17 subsection (c), the vote of an absentee voter may be challenged at the
18 polls for the reason that the absentee voter is not a legal voter of the
19 precinct where the ballot is being cast.
20 (b) Before the inspector prepares to mark the poll list to indicate that
21 an absentee ballot cast by the voter has been received by the county
22 election board according to a certificate delivered to the polls under
23 section 1 or section 8 of this chapter, the inspector shall notify the
24 challengers and the pollbook holders that the inspector is about to mark
25 the poll list under this section. The inspector shall provide the
26 challengers and pollbook holders with the name and address of each
27 voter listed in the certificate so that the voter may be challenged under
28 this article.
29 (c) This section subsection applies to a county that (1) has adopted
30 an order to use an electronic poll list under IC 3-7-29-6(a)(1); or (2) is
31 a vote center county under IC 3-11-18.1. uses electronic poll books.
32 The vote of an absentee ballot may be challenged for the reason that the
33 absentee voter is not a legal voter of the precinct for which the absentee
34 ballot was issued. Before the absentee ballot counters process an
35 absentee ballot, the absentee ballot counters shall notify the county
36 election board. A county election board member, or a representative
37 designated by a county election board member, may challenge the
38 absentee ballot under section 16 of this chapter.
39 (d) The challenge under this section must be determined using the
40 procedures for counting a provisional ballot under IC 3-11.7.
41 SECTION 25. IC 3-11.5-4-22, AS AMENDED BY P.L.109-2021,
42 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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1 JULY 1, 2025]: Sec. 22. (a) Except as provided in subsection (b), each
2 county election board shall appoint:
3 (1) absentee voter boards;
4 (2) teams of absentee ballot counters; and
5 (3) teams of couriers;
6 consisting of two (2) voters of the county, one (1) from each of the two
7 (2) political parties that have appointed members on the county
8 election board.
9 (b) Notwithstanding subsection (a), a county election board:
10 (1) may appoint, by a unanimous vote of the board's members,
11 only one (1) absentee ballot courier if the person appointed is a
12 voter of the county; and
13 (2) shall not appoint teams of couriers, if the county (A) has
14 adopted an order to use an electronic poll book under
15 IC 3-7-29-6(a)(1); or (B) is a vote center county under
16 IC 3-11-18.1. uses electronic poll books.
17 (c) An otherwise qualified person is eligible to serve on an absentee
18 voter board or as an absentee ballot counter or a courier unless the
19 person:
20 (1) is unable to read, write, and speak the English language;
21 (2) has any property bet or wagered on the result of the election;
22 (3) is a candidate to be voted for at the election except as an
23 unopposed candidate for a city office, town office, township
24 office, school board office, precinct committeeman, or state
25 convention delegate; or
26 (4) is the spouse, parent, father-in-law, mother-in-law, child,
27 son-in-law, daughter-in-law, grandparent, grandchild, brother,
28 sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece
29 of a candidate or declared write-in candidate to be voted for at the
30 election except as an unopposed candidate. This subdivision
31 disqualifies a person whose relationship to the candidate is the
32 result of birth, marriage, or adoption.
33 (d) A person who is a candidate to be voted for at the election or
34 who is related to a candidate in a manner that would result in
35 disqualification under subsection (c) may, notwithstanding subsection
36 (c), serve as a member of an absentee voter board if:
37 (1) the candidate is seeking nomination or election to an office in
38 an election district that does not consist of the entire county; and
39 (2) the county election board restricts the duties of the person as
40 an absentee voter board member to performing functions that
41 could have no influence on the casting or counting of absentee
42 ballots within the election district.
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1 SECTION 26. IC 3-11.5-4-24, AS AMENDED BY P.L.157-2019,
2 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 24. (a) This section does not apply to a county that
4 (1) has adopted an order to use an electronic poll book under
5 IC 3-7-29-6(a)(1); or (2) is a vote center county under IC 3-11-18.1.
6 uses electronic poll books.
7 (b) This subsection does not apply if the circuit court clerk has
8 provided a marked poll list under section 1(2)(B) of this chapter.
9 IC 3-11.5-1-8(a)(2). In addition to the preparations described in
10 IC 3-11-11-2, IC 3-11-13-27, or IC 3-11-14-16, the inspector shall:
11 (1) mark the poll list; and
12 (2) attach the certificates of voters who have registered and voted
13 under IC 3-7-36-14 to the poll list;
14 in the presence of the poll clerks to indicate the voters of the precinct
15 whose absentee ballots have been received by the county election board
16 according to the certificate supplied under section 1 of this chapter.
17 IC 3-11.5-1-8.
18 (c) The poll clerks shall sign the statement printed on the certificate
19 supplied under section 1 of this chapter IC 3-11.5-1-8 indicating that
20 the inspector:
21 (1) marked the poll list; and
22 (2) attached the certificates described in subsection (b)(2);
23 under this section in the presence of both poll clerks.
24 (d) The inspector shall retain custody of the certificate supplied
25 under section 1 of this chapter IC 3-11.5-1-8 until the certificate is
26 returned under section 9 of this chapter.
27 SECTION 27. IC 3-11.5-4-28 IS REPEALED [EFFECTIVE JULY
28 1, 2025]. Sec. 28. When all votes have been counted, the precinct
29 election board shall prepare a certificate stating the number of votes
30 that each candidate received for each office and the number of votes
31 cast on each public question. The number of votes that each candidate
32 and public question received shall be written in words and numbers.
33 The board shall also prepare a memorandum of the total vote cast for
34 each candidate and ensure that each member of the board receives a
35 copy of the memorandum.
36 SECTION 28. IC 3-11.5-5-2 IS AMENDED TO READ AS
37 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. This chapter applies
38 to the counting of absentee ballots cast on paper ballots under
39 IC 3-11.5-4.
40 SECTION 29. IC 3-11.5-5-15 IS AMENDED TO READ AS
41 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. When all the votes
42 absentee ballots have been counted, tabulated, the absentee ballot
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1 counters shall prepare a certificate stating the number of votes that
2 each candidate received for each office and the number of votes cast on
3 each public question.
4 SECTION 30. IC 3-11.5-5-18 IS AMENDED TO READ AS
5 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 18. As soon as the
6 absentee ballots have been counted, tabulated, the absentee ballot
7 counters shall in the presence of the county election board do the
8 following:
9 (1) Place in a strong paper envelope or bag the following:
10 (A) All ballots, voted counted and not voted, counted,
11 together with all protested and uncounted ballots.
12 (B) One (1) copy of each of the certificates prepared under
13 IC 3-11.5-4-1 IC 3-11.5-1-8 and IC 3-11.5-4-8.
14 (C) The tally papers.
15 (2) Securely seal the envelope or bag.
16 (3) Have both absentee ballot counters initial the envelope or bag.
17 (4) Plainly mark on the outside of the envelope or bag, in ink, the
18 precinct for which the absentee ballots were cast.
19 (5) Deliver the envelope or bag to the circuit court clerk.
20 (6) Notify the circuit court clerk of the number of ballots placed
21 in the envelope or bag.
22 SECTION 31. IC 3-11.5-5-27 IS AMENDED TO READ AS
23 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 27. Immediately upon
24 completion of the vote count, tabulation, the absentee ballot counters
25 shall make and sign a certificate for the news media showing the total
26 number of absentee ballot votes received by each candidate and on
27 each public question in the precinct.
28 SECTION 32. IC 3-11.5-5-29 IS REPEALED [EFFECTIVE JULY
29 1, 2025]. Sec. 29. (a) This section applies to a person who observes or
30 performs any of the following under this chapter:
31 (1) The counting of absentee ballots.
32 (2) The proceedings of absentee ballot counters or the county
33 election board regarding a protested ballot.
34 (3) The preparation of a certificate by absentee ballot counters.
35 (4) The delivery of a certificate to the circuit court clerk or county
36 election board.
37 (b) Except as prescribed by this chapter, a person shall not provide
38 any other person with information concerning the number of votes:
39 (1) a candidate received for an office; or
40 (2) cast to approve or reject a public question;
41 on absentee ballots counted under this chapter before the closing of the
42 polls.
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1 SECTION 33. IC 3-11.5-6-2 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. This chapter applies
3 to the counting of absentee ballots cast on ballot cards under
4 IC 3-11.5-4.
5 SECTION 34. IC 3-11.5-6-21, AS AMENDED BY P.L.210-2018,
6 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 21. (a) As soon as the ballots have been counted,
8 the absentee ballot counters shall, in the presence of the county election
9 board, do the following:
10 (1) Place in a strong paper envelope or bag the following:
11 (A) All ballots, voted counted and not voted, counted,
12 together with all protested and uncounted ballots.
13 (B) One (1) copy of each of the certificates prepared under
14 IC 3-11.5-4-1 IC 3-11.5-1-8 and IC 3-11.5-4-8.
15 (C) The tally papers.
16 (2) Securely seal the envelope or bag.
17 (3) Have both absentee ballot counters initial the envelope or bag.
18 (4) Plainly mark on the outside of the envelope or bag, in ink, the
19 precinct for which the absentee ballots were cast.
20 (5) Deliver the envelope or bag to the circuit court clerk.
21 (6) Notify the circuit court clerk of the number of ballots placed
22 in the envelope or bag.
23 (b) This subsection applies to a county having a consolidated city.
24 Notwithstanding subsection (a)(4), the absentee ballots may be stored
25 in the order in which the absentee ballots were counted and not in order
26 by precinct.
27 SECTION 35. IC 3-11.5-6-32 IS REPEALED [EFFECTIVE JULY
28 1, 2025]. Sec. 32. (a) This section applies to a person who observes or
29 performs any of the following under this chapter:
30 (1) The counting of absentee ballots.
31 (2) The proceedings of absentee ballot counters or the county
32 election board regarding a protested ballot.
33 (3) The preparation of a certificate by absentee ballot counters.
34 (4) The delivery of a certificate to the circuit court clerk or county
35 election board.
36 (b) Except as prescribed by this chapter, a person shall not provide
37 any other person with information concerning the number of votes:
38 (1) a candidate received for an office; or
39 (2) cast to approve or reject a public question;
40 on absentee ballots counted under this chapter before the closing of the
41 polls.
42 SECTION 36. IC 3-11.5-8-1, AS ADDED BY P.L.157-2019,
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1 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 1. (a) The county election board shall make an
3 initial determination concerning whether any absentee ballot cast on an
4 electronic voting system must be rejected for any grounds under
5 IC 3-11.5-4-13.
6 (b) If the county election board makes an initial determination under
7 subsection (a) that an absentee ballot must be rejected, the county
8 election board shall void retract the absentee ballot on the electronic
9 voting system.
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