Sec. 1.7. (a) The following provisions govern the counting of write-in votes:

(1) Except as provided in subsection (b), only votes cast for declared write-in candidates shall be counted and certified.

Terms Used In Indiana Code 3-12-1-1.7

  • minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
  • 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
(2) The name of a candidate, written on the space reserved for write-in voting, is not considered a distinguishing mark that would invalidate a ballot under section 3 of this chapter. However, the name or office of a candidate written in a place on the ballot other than the place reserved for write-in voting may not be counted for that office.

(3) A write-in vote for an office is void if the voter attempts to cast the vote by a means other than printing the name of the candidate in ink or lead pencil. The use of stickers, labels, rubber stamps, or other similar device is not permitted.

(4) An abbreviation, a misspelling, or other minor variation in the form of the name of a candidate or an office shall be disregarded in determining the validity of the ballot if the intention of the voter can be ascertained.

(5) Write-in votes for each write-in candidate shall be counted separately using the tally sheets provided by the county election board.

(6) This subdivision applies to a voter who casts a ballot for:

(A) an individual who is a candidate for President of the United States;

(B) an individual who is a candidate for Vice President of the United States; or

(C) both individuals who are candidates for President of the United States and Vice President of the United States.

A ballot cast as described in this subdivision is considered to be cast for the presidential electors and alternate presidential electors pledged to support the ticket of candidates for President and Vice President printed on the regular official ballot.

(7) This subdivision applies to a voter who casts a ballot for:

(A) an individual who is a candidate for governor;

(B) an individual who is a candidate for lieutenant governor; or

(C) both individuals who are candidates for governor and lieutenant governor.

A ballot cast as described in this subdivision is considered to be cast for both individuals who are candidates for governor and lieutenant governor of Indiana who are printed on the regular official ballot.

     (b) This subsection does not apply to an office for which more than one (1) individual may be nominated or elected within the same election district. A write-in vote cast for an individual whose name appears on the ballot as a candidate for that office shall be counted as a vote for the candidate.

As added by P.L.4-1991, SEC.110. Amended by P.L.3-1993, SEC.177; P.L.3-1997, SEC.338; P.L.193-2021, SEC.82.

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