Indiana Code 3-11-10-24. Requirements for voting absentee ballot by mail; voting procedure; delivery
(1) The voter has a specific, reasonable expectation of being absent from the county on election day during the entire twelve (12) hours that the polls are open.
Terms Used In Indiana Code 3-11-10-24
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(A) a precinct election officer under Ind. Code § 3-6-6;
(B) a watcher under Ind. Code § 3-6-8, Ind. Code § 3-6-9, or Ind. Code § 3-6-10;
(C) a challenger or pollbook holder under Ind. Code § 3-6-7; or
(D) a person employed by an election board to administer the election for which the absentee ballot is requested.
(3) The voter will be confined on election day to the voter’s residence, to a health care facility, or to a hospital because of an illness or injury during the entire twelve (12) hours that the polls are open.
(4) The voter is a voter with disabilities.
(5) The voter is an elderly voter.
(6) The voter is prevented from voting due to the voter’s care of an individual confined to a private residence because of illness or injury during the entire twelve (12) hours that the polls are open.
(7) The voter is scheduled to work at the person’s regular place of employment during the entire twelve (12) hours that the polls are open.
(8) The voter is eligible to vote under Ind. Code § 3-10-11 or Ind. Code § 3-10-12.
(9) The voter is prevented from voting due to observance of a religious discipline or religious holiday during the entire twelve (12) hours that the polls are open.
(10) The voter is an address confidentiality program participant (as defined in Ind. Code § 5-26.5-1-6).
(11) The voter is a member of the Indiana National Guard deployed or on assignment inside Indiana or a public safety officer.
(12) The voter is a serious sex offender (as defined in Ind. Code § 35-42-4-14(a)).
(13) The voter is prevented from voting due to the unavailability of transportation to the polls.
(b) An absent uniformed services voter or overseas voter is entitled to vote by mail using the combined absentee registration form and absentee ballot request approved under 52 U.S.C. § 20301(b)(2).
(c) A county shall mail an absentee ballot to a voter under this section by nonforwardable United States Postal Service mail.
(d) Except as provided in subsection (l), a voter with disabilities who:
(1) is unable to make a voting mark on the ballot or sign the absentee ballot secrecy envelope; and
(2) requests that the absentee ballot be delivered to an address within Indiana;
must vote before an absentee voter board under section 25(b) of this chapter.
(e) If a voter receives an absentee ballot by mail, the voter shall personally mark the ballot in secret and seal the marked ballot inside the envelope provided by the county election board for that purpose. The voter shall do one (1) of the following:
(1) Deliver the envelope to the county election board in person.
(2) Deliver the sealed envelope to the county election board with not more than one (1) ballot per envelope, by United States mail or by a bonded courier company.
(3) Authorize a member of the voter’s household, family listed in Ind. Code § 3-6-6-7(a)(4), or the individual designated as the voter’s attorney in fact to do one (1) of the following:
(A) Deposit the sealed envelope in the United States mail.
(B) Deliver the sealed envelope in person to the county election board at:
(i) the office of the circuit court clerk or the office of the board of elections and registration under section 26 of this chapter;
(ii) a satellite office of the circuit court clerk designated under section 26.3 of this chapter; or
(iii) a satellite office of a vote center under Ind. Code § 3-11-18.1-11.
A voter who delivers the sealed envelope under this clause may request a replacement absentee ballot under Ind. Code § 3-11.5-4-2 and cast a replacement absentee ballot at an office or vote center described in items (i) through (iii).
(f) A county election board shall reject an absentee ballot deposited in a drop box or other container or location that is not under the physical control and supervision of the county election board when the ballot is deposited.
(g) If a drop box or other container is located in a building under the control of a political subdivision in which a document may be deposited for other purposes related to the office of the circuit court clerk or an office of any other political subdivision, the political subdivision in control of the drop box or container shall post a notice on or in a prominent location adjacent to the drop box or container saying substantially as follows: “Do not deposit a voted absentee ballot into this box or container. The absentee ballot will not be counted.”.
(h) If an absentee ballot is deposited into a box or container in violation of subsection (f) or (g), the county election board shall mark the absentee ballot security envelope as rejected and, if possible, promptly notify the individual whose name appears on the security envelope containing the absentee ballot.
(i) If a member of the voter’s household, family listed in Ind. Code § 3-6-6-7(a)(4), or the voter’s attorney in fact delivers the sealed envelope containing a voter’s absentee ballot to the county election board, the individual delivering the ballot shall complete an affidavit in a form prescribed by the election division. The affidavit must contain the following information:
(1) The name and residence address of the voter whose absentee ballot is being delivered.
(2) A statement of the full name, residence and mailing address, and daytime and evening telephone numbers (if any) of the individual delivering the absentee ballot.
(3) A statement indicating whether the individual delivering the absentee ballot is a member of the voter’s household, family listed in Ind. Code § 3-6-6-7(a)(4), or is the attorney in fact for the voter. If the individual is the attorney in fact for the voter, the individual must attach a copy of the power of attorney for the voter, unless a copy of this document has already been filed with the county election board.
(4) The date and location at which the absentee ballot was delivered by the voter to the individual delivering the ballot to the county election board.
(5) A statement that the individual delivering the absentee ballot has complied with Indiana laws governing absentee ballots.
(6) A statement that the individual delivering the absentee ballot is executing the affidavit under the penalties of perjury.
(7) A statement setting forth the penalties for perjury.
(j) The county election board shall record the date and time that the affidavit under subsection (i) was filed with the board.
(k) After a voter has mailed or delivered an absentee ballot to the office of the county election board, the voter may not recast a ballot, except as provided in Ind. Code § 3-11-4-17.7, Ind. Code § 3-11.5-4-2, and Ind. Code § 3-11.5-4-21.
(l) A voter with print disabilities may vote by using the system developed by the secretary of state under Ind. Code § 3-11-4-6(k).
[Pre-1986 Recodification Citation: 3-1-22-3 part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.4-1991, SEC.96; P.L.3-1995, SEC.106; P.L.3-1997, SEC.305; P.L.38-1999, SEC.46; P.L.126-2002, SEC.70; P.L.103-2005, SEC.12; P.L.120-2009, SEC.8; P.L.225-2011, SEC.61; P.L.235-2015, SEC.1; P.L.169-2015, SEC.119; P.L.278-2019, SEC.94; P.L.109-2021, SEC.30; P.L.227-2023, SEC.83.