Ind. Code § 3-11-4-17.7
Replacement official ballots
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2025
As of January 1, 2018
Sec. 17.7. (a) This section applies when a voter:
Sec. 17.7. (a) This section applies when a voter:
(1) has been mailed the official ballot under this chapter; and
(1) has been mailed the official ballot under this chapter; and
(2) notifies the county election board that the ballot has been destroyed, spoiled, lost, or not received by the voter after a reasonable time has elapsed for delivery of the ballot by mail.
(b) As required under 52 U.S.C. 21081, the voter may obtain a replacement official ballot under the procedures set forth in this chapter after the voter files a statement with the county election board. The statement must affirm, under penalties of perjury, that the voter did not receive the official ballot (or that the ballot was received by the voter, but was destroyed, spoiled, or lost), and must set forth any facts known by the voter concerning the destruction, spoiling, or loss of the ballot.
(2) notifies the county election board that: (A) the ballot has been destroyed, spoiled, lost, or not received by the voter after a reasonable time has elapsed for delivery of the ballot by mail; (B) the absentee ballot does not bear the bipartisan initials required under section 19 of this chapter; or (C) the absentee ballot envelope was not signed by the voter. (b) As required under 52 U.S.C. 21081, the voter may obtain a replacement official ballot under the procedures set forth in this chapter after the voter files a statement with the county election board. The statement must affirm, under penalties of perjury, that the voter did not receive the official ballot (or that the ballot was received by the voter, but was destroyed, spoiled, or lost), and must set forth any facts known by the voter concerning the destruction, spoiling, or loss of the ballot. The voter may submit the statement to the county election board by electronic mail. (c) After a voter files the statement required under subsection (b), the circuit court clerk shall do the following: (1) Place the written request with the absentee voter's original ballot. (2) Mark "canceled" on the envelope containing the original ballot.
(c) After a voter files the statement required under subsection (b), the county election board may issue a replacement official ballot to the voter in accordance with this chapter and shall include information regarding the official replacement ballot in the certification provided to the precinct inspector under section 22 of this chapter.
(3) Preserve the original ballot with the other defective ballots.
(4) Deliver a new ballot to the absentee voter.
(d) If a voter requests a replacement ballot for a primary election, the county election board may not provide the voter with a primary election ballot for a political party different from the political party indicated in the voter's application for an absentee ballot.
(e) After receiving the official replacement ballot, the voter shall destroy any spoiled ballot in the possession of the voter or any lost or delayed official ballot that comes into the possession of the voter.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.