Ind. Code § 3-11.5-4-11

Current through P.L. 171-2024
Section 3-11.5-4-11 - Opening absentee ballots; procedure; signature comparison
(a) Upon receipt of the absentee ballot and not later than election day, the county election board shall examine the signature on the absentee ballot.
(b) This subsection applies to a county that has not adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1) or is a vote center county under IC 3-11-18.1. Except as provided in subsection (c), (d), or (e), at any time after the couriers return the certificate under section 9 of this chapter, absentee ballot counters appointed under section 22 of this chapter, in the presence of the county election board, shall, except for a ballot rejected under section 13 of this chapter:
(1) open the outer or carrier envelope containing an absentee ballot envelope and application;
(2) announce the absentee voter's name; and
(3) compare the signature upon the ballot application or, if there is no application, with the signature on the electronic poll book with the signature upon the:
(A) voter's absentee ballot envelope; or
(B) if there is no envelope, computerized list.
(c) This subsection applies to a county (other than a county described in subsection (d) or (e)) that:
(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or
(2) is a vote center county under IC 3-11-18.1;

and has not updated the computerized list to reflect absentee ballots received on election day. After the receipt and processing required under sections 12 and 12.5 of this chapter to process an absentee ballot from a voter and after ensuring that the electronic poll books used in each polling place or vote center have been updated to reflect all absentee ballots received by the county not later than 12:01 a.m. on election day, the absentee ballot counters shall, at any time after 6:00 a.m. on election day, in a central counting location designated by the county election board, count the absentee ballot votes cast for each candidate, for each office, and on each public question.

(d) This subsection applies to a county having a consolidated city, if the county:
(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or
(2) is a vote center county under IC 3-11-18.1.

After the receipt and processing required under sections 12 and 12.5 of this chapter to process an absentee ballot from a voter and after ensuring that the electronic poll books used in each polling place or vote center have been updated to reflect all absentee ballots received by the county not later than 12:01 a.m. on election day, the absentee ballot counters shall, at any time after 6:00 a.m. on election day, in a central counting location designated by the county election board, count the absentee ballot votes cast for each candidate, for each office, and on each public question.

(e) This subsection applies to a county other than a county having a consolidated city, if the county election board has adopted a resolution by the unanimous vote of the entire membership of the board to use procedures set forth in this subsection, and the county:
(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or
(2) is a vote center county under IC 3-11-18.1.

After the receipt and processing required under section 12 of this chapter to process an absentee ballot from a voter and after ensuring that the electronic poll books used in each polling place or vote center have been updated to reflect all absentee ballots received by the county not later than 12:01 a.m. on election day, the absentee ballot counters shall, at any time after 6:00 a.m. on election day, in a central counting location designated by the county election board, count the absentee ballot votes cast for each candidate, for each office, and on each public question.

(f) A resolution adopted under subsection (e) may be repealed or amended only by the unanimous vote of the entire membership of the county election board.

IC 3-11.5-4-11

Amended by P.L. 227-2023,SEC. 115, eff. 7/1/2023.
Amended by P.L. 109-2021,SEC. 58, eff. 7/1/2021.
Amended by P.L. 278-2019,SEC. 124, eff. 5/1/2019.
Amended by P.L. 157-2019,SEC. 31, eff. 7/1/2019.
Amended by P.L. 210-2018,SEC. 2, eff. 7/1/2018.
Amended by P.L. 100-2018,SEC. 16, eff. 7/1/2018.
Amended by P.L. 169-2015, SEC. 138, eff. 7/1/2015.
Amended by P.L. 76-2014, SEC. 48, eff. 4/1/2014.
Amended by P.L. 258-2013, SEC. 84, eff. 7/1/2013.
As added by P.L. 3-1993, SEC.176 and P.L. 19-1993, SEC.2. Amended by P.L. 126-2002, SEC.84.