Sec. 1. Subject to sections 5, 6, 7, 8, 9, 9.5, and 13 of this chapter, the primary factor to be considered in determining a voter's choice on a ballot is the intent of the voter. If the voter's intent can be determined on the ballot or on part of the ballot, the vote shall be counted for the affected candidate or candidates or on the public question. However, if it is impossible to determine a voter's choice of candidates on a part of a ballot or vote on a public question, then the voter's vote concerning those candidates or public questions may not be counted.
Ind. Code § 3-12-1-1
Intent of voter primary factor to consider in determining voter's choice on ballot
Applied in 3 court decisions — leading case Horseman v. Keller (2006)
Most recently applied in State ex rel. League of Women Voters v. Herrera (February 2009)
As added by P.L.5-1986, SEC.8
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.