Ind. Code § 3-11-10-26.5

Municipal and special elections; voting before absentee voter board during specific days and hours only

Redline — January 1, 2018 → current.View current text →

Current — January 1, 2023

As of January 1, 2018

Sec. 26.5. (a) This section applies to:

(1) a municipal election;

(2) a primary conducted in a municipal election year; and

(3) a special election conducted under IC ~~3-10-8.~~

(3) a special election conducted under IC 3-10-8 and that is not conducted at the same time as any other election.

(b) Notwithstanding section 26 of this ~~chapter,~~ a county election board (or a town election board acting under IC 3-10-7) may adopt a resolution by the unanimous vote of the board's entire membership stating that voters are entitled to vote by absentee ballot before an absentee voter board in the office of the circuit court clerk or town election board during specific days and hours identified in the resolution.

(b) Notwithstanding section 26 of this chapter or IC 3-11-18.1-4 in a vote center county, a county election board (or a town election board acting under IC 3-10-7) may adopt a resolution or an amendment to a county vote center plan by the unanimous vote of the board's entire membership stating that voters are entitled to vote by absentee ballot before an absentee voter board in the office of the circuit court clerk or town election board during specific days and hours identified in the resolution.

(c) If the election board adopts a resolution under subsection (b), the board must include written findings of fact in the resolution stating:

(c) If the election board adopts a resolution or an amendment under subsection (b), the board must include written findings of fact in the resolution or amendment stating:

(1) the number of absentee ballot applications anticipated or previously received for the election;

(2) the expense to be incurred by providing absentee ballot voting in the office during the entire period required under section 26 of this chapter; and

(3) that voters would experience little or no inconvenience by restricting absentee ballot voting in the office to the days and hours specified in the ~~resolution.~~

(3) that voters would experience little or no inconvenience by restricting absentee ballot voting in the office to the days and hours specified in the resolution or amendment.

(d) This subsection does not apply to an absentee ballot challenged under IC 3-11-4-18.5 until the challenge has been decided by the election board. If the election board adopts a resolution under subsection (b), an absentee ballot requested to be mailed to a voter shall be mailed:

(1) on the first business day that a voter is entitled to vote by absentee ballot before an absentee voter board in the office of the election board following receipt of the voter's application;

(2) not more than five (5) days after the date of delivery of the ballots under IC 3-11-4-15; or

(3) on the day of the receipt of the voter's application;

whichever is the latest.

(e) This subsection does not apply to an absentee ballot application challenged under IC 3-11-4-18.5 until the challenge has been decided by the election board. If the absentee ballot is requested by an absent uniformed services voter or an overseas voter, the absentee ballot shall be transmitted:

(1) not more than five (5) days after the date of delivery of the ballots under IC 3-11-4-15; or

(2) on the day of the receipt of the voter's application;

whichever is later.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.