Sec. 39. (a) The county election board by unanimous vote of the entire membership of the board may permit an individual who is not a voter to serve in any capacity described in subsection (b), if the individual satisfies all the following:

(1) The individual is at least sixteen (16) years of age but not eighteen (18) years of age or older.

Terms Used In Indiana Code 3-6-6-39

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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 individual is a citizen of the United States.

(3) The individual is a resident of the county.

(4) The individual has a cumulative grade point average equivalent to not less than 3.0 on a 4.0 scale.

(5) The individual:

(A) either:

(i) has the written approval of the principal of the school the individual attends at the time of the appointment; or

(ii) attends a school that will not be in session on election day; or

(B) if the student is educated in the home, has the approval of the individual responsible for the education of the student.

(6) The individual has the approval of the individual’s parent or legal guardian.

(7) The individual has satisfactorily completed any training required by the county election board.

(8) The individual otherwise is eligible to serve as a precinct election officer under this chapter but is not required to be a registered voter of the county.

     (b) An individual described in subsection (a) may serve in any of the following capacities, as determined by the county election board:

(1) As any election officer, other than as an inspector, either before election day, on election day, or both.

(2) Providing assistance to an election officer, either before election day, on election day, or both.

(3) Providing assistance to the preparation of absentee ballots.

     (c) An individual appointed as an election officer or assistant under this section, while serving as an election officer or assistant:

(1) is not required to obtain an employment certificate under Ind. Code § 22-2-18 (before its expiration on June 30, 2021); and

(2) is not subject to the limitations on time and duration of employment under Ind. Code § 22-2-18 (before its expiration on June 30, 2021) or Ind. Code § 22-2-18.1.

     (d) The county election board is not required to register as an employer under Ind. Code § 22-2-18.1.

As added by P.L.126-2002, SEC.22. Amended by P.L.209-2003, SEC.19; P.L.230-2005, SEC.15; P.L.225-2011, SEC.7; P.L.194-2013, SEC.6; P.L.76-2014, SEC.4; P.L.147-2020, SEC.1; P.L.108-2021, SEC.2.