Indiana Code 3-11-8-22.1. Challenge of voter; provisional ballot
(1) whose name does not appear on the poll list for the precinct; and
Terms Used In Indiana Code 3-11-8-22.1
- 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.
If the voter is not challenged under Ind. Code § 3-10-1 or this chapter, the voter shall be provided with a regular official ballot. However, as provided by Ind. Code § 3-7-48-1(b), if the voter is challenged under Ind. Code § 3-10-1 or this chapter, the voter must cast a provisional ballot after complying with Ind. Code § 3-7-48-7.5 if the voter wishes to cast a ballot.
(b) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the precinct; and
(2) who makes an oral or a written affirmation in compliance with Ind. Code § 3-7-48-5 that the voter continues to reside in the precinct at the address shown as the voter’s former residence in the voter registration record.
If the voter is not challenged under Ind. Code § 3-10-1 or this chapter, the voter shall be provided with a regular official ballot. However, as provided by Ind. Code § 3-7-48-7.5, if the voter is challenged under Ind. Code § 3-10-1 or this chapter, the voter must cast a provisional ballot after complying with Ind. Code § 3-7-48-7.5 if the voter wishes to cast a ballot.
(c) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the precinct; and
(2) who produces a registration receipt that complies with Ind. Code § 3-7-48-7.
If the county election board provides the precinct election board with the information required under Ind. Code § 3-7-48-7(a)(2) and the voter is not challenged under Ind. Code § 3-10-1 or this chapter, the voter shall be provided with a regular official ballot. However, as provided by Ind. Code § 3-7-48-7.5, if the voter is challenged under Ind. Code § 3-10-1 or this chapter, the voter must cast a provisional ballot after complying with Ind. Code § 3-7-48-7.5 if the voter wishes to cast a ballot.
(d) This subsection applies to a voter:
(1) whose name does not appear on the poll list for the precinct; and
(2) who is not described by subsection (a), (b), or (c).
If the voter is challenged under Ind. Code § 3-10-1 or this chapter, the voter shall be provided with a provisional ballot under Ind. Code § 3-11.7 instead of a regular official ballot if the voter wishes to cast a ballot. The voter may proceed to cast a provisional ballot after executing a challenged voter’s affidavit under section 23 of this chapter if the voter wishes to cast a ballot.
(e) This subsection applies to a voter:
(1) whose name appears on the poll list for the precinct; and
(2) who no longer resides in the precinct but is entitled to vote at the precinct under Ind. Code § 3-10-10, Ind. Code § 3-10-11, or Ind. Code § 3-10-12.
If the voter executes an affidavit in compliance with Ind. Code § 3-10-10, Ind. Code § 3-10-11, or Ind. Code § 3-10-12 and the voter is not challenged under Ind. Code § 3-10-1 or this chapter, the voter shall be provided with a regular official ballot. However, as provided by Ind. Code § 3-10-10-9, Ind. Code § 3-10-11-4.5, or Ind. Code § 3-10-12-5, if the voter is challenged under Ind. Code § 3-10-1 or this chapter, the voter must cast a provisional ballot if the voter wishes to cast a ballot.
(f) This subsection applies to a voter:
(1) whose name appears on the poll list for the precinct; and
(2) who is not described in subsection (e).
If the voter is challenged under Ind. Code § 3-10-1 or this chapter, the voter shall be provided with a provisional ballot under Ind. Code § 3-11.7 rather than a regular official ballot if the voter wishes to cast a vote. The voter may proceed to cast a provisional ballot after executing a challenged voter’s affidavit under section 23 of this chapter if the voter wishes to cast a ballot.
As added by P.L.164-2006, SEC.97.