Indiana Code 3-14-2-16. Ballots; fraudulent application, showing, examination, receipt, possession, completion, or delivery
(1) Applies for or receives a ballot in a precinct other than that precinct in which the person is entitled to vote.
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 6 felony | between 6 mos. and 2 1/2 years | up to $10,000 |
Terms Used In Indiana Code 3-14-2-16
- 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
- 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
(3) Except when offering assistance requested by a voter in accordance with Ind. Code § 3-11-9, examines a ballot that a voter has prepared for voting or solicits the voter to show the ballot.
(4) Receives from a voter a ballot prepared by the voter for voting, except:
(A) the inspector;
(B) a member of the precinct election board temporarily acting for the inspector;
(C) a member or an employee of a county election board (acting under the authority of the board and state law) or an absentee voter board member acting under Ind. Code § 3-11-10; or
(D) a member of the voter’s household or family listed in Ind. Code § 3-6-6-7(a)(4), an individual designated as attorney in fact for the voter, or an employee of:
(i) the United States Postal Service; or
(ii) a bonded courier company;
(acting in the individual’s capacity as an employee of the United States Postal Service or a bonded courier company) when delivering an envelope containing an absentee ballot under Ind. Code § 3-11-10-1.
(5) Receives a ballot from a person other than one (1) of the poll clerks or authorized assistant poll clerks.
(6) Delivers a ballot to a voter to be voted, unless the person is:
(A) a poll clerk or authorized assistant poll clerk; or
(B) a member of a county election board or an absentee voter board acting under Ind. Code § 3-11-10.
(7) Delivers a ballot (other than an absentee ballot) to an inspector that is not the ballot the voter receives from the poll clerk or assistant poll clerk.
(8) Delivers an absentee ballot to a team of absentee ballot counters appointed under Ind. Code § 3-11.5-4-22, a county election board, a circuit court clerk, or an absentee voting board under Ind. Code § 3-11-10 that is not the ballot cast by the absentee voter.
(9) Delivers an absentee ballot prepared by the voter for voting to a county election board, except for:
(A) the inspector;
(B) a member of the precinct election board temporarily acting for the inspector;
(C) a member or an employee of a county election board (acting under the authority of the board and in accordance with state law) or an absentee voter board member acting under Ind. Code § 3-11-10; or
(D) a member of the voter’s household or family listed in Ind. Code § 3-6-6-7(a)(4), or an individual designated as attorney in fact for the voter, an employee of:
(i) the United States Postal Service; or
(ii) a bonded courier company;
(acting in the individual’s capacity as an employee of the United States Postal Service or a bonded courier company) when delivering an envelope containing an absentee ballot under Ind. Code § 3-11-10-1.
(10) Possesses an unmarked absentee ballot on or before the date of the election for which the absentee ballot has been printed, unless the person is authorized to possess the absentee ballot under this title as any of the following:
(A) A printer, when arranging for the delivery of unmarked absentee ballots to a county election board under Ind. Code § 3-11-2.
(B) A county election board member or employee (acting under the authority of the board and in accordance with state law).
(C) An absentee voter board member.
(D) An employee of:
(i) the United States Postal Service; or
(ii) a bonded courier company;
(acting in the individual’s capacity as an employee of the United States Postal Service or a bonded courier company) when delivering an envelope containing an absentee ballot.
(E) An individual authorized under Ind. Code § 3-11-10-24 to deliver an absentee ballot.
(F) An absentee ballot counter under Ind. Code § 3-11.5.
(G) A provisional ballot counter.
(H) A precinct election officer.
(I) The voter who applied for the absentee ballot.
(11) Completes or signs an absentee ballot application for a voter, or assists a voter in completing an absentee ballot application in violation of Ind. Code § 3-11.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.467; P.L.5-1989, SEC.73; P.L.3-1993, SEC.232; P.L.19-1993, SEC.3; P.L.4-1996, SEC.88; P.L.38-1999, SEC.70; P.L.103-2005, SEC.27; P.L.158-2013, SEC.15; P.L.109-2021, SEC.71.