Sec. 1. (a) This section applies during an election whenever a voter makes an affidavit before the inspector in a precinct that a person who has offered to vote is an illegal voter in the precinct. This section does not apply to an affidavit executed by an individual who:

(1) is subject to the requirements set forth in Ind. Code § 3-7-33-4.5;

Terms Used In Indiana Code 3-14-5-1

  • 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
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
(2) is challenged solely as a result of the individual’s inability or refusal to comply with Ind. Code § 3-7-33-4.5; and

(3) subsequently complies with Ind. Code § 3-7-33-4.5 before the close of the polls on election day.

     (b) Immediately after the close of the polls the inspector shall deliver the affidavit to the county election board. After the final date and hour for filing a recount or contest and the county election board has completed the county election board’s canvas of the returns, the county election board shall forward the affidavits to the prosecuting attorney for the county under section 2 of this chapter. The prosecuting attorney for the county shall:

(1) proceed as if the affidavit had been made before the prosecuting attorney; and

(2) ensure that the grand jury notifies the NVRA official under section 2 of this chapter if a violation of NVRA appears to have occurred.

As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.90; P.L.2-1996, SEC.207; P.L.3-1997, SEC.407; P.L.230-2005, SEC.66; P.L.157-2019, SEC.38.

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