Section 3-11-4-17.6 - Procedures for defective absentee ballot applications; providing and receiving absentee ballot(a) For purposes of this section, "clerk" means:(1) the circuit court clerk; or(2) in a county subject to IC 3-6-5.2 or IC 3-6-5.6, the director of the board of elections and registration.(b) This subsection applies to an application to receive an absentee ballot by mail under IC 3-11-10-24 that is received by the clerk twelve (12) or more days before election day. If the clerk determines that the application does not fully comply with the requirements of this title, the clerk shall transmit the following to the applicant: (1) An application for an absentee ballot.(2) A written notice prescribed by the election division under IC 3-5-4-8 that includes: (A) a brief explanation of each defect in the noncompliant application;(B) a statement informing the voter that the voter is not entitled to vote before election day by absentee ballot unless the application complies with all legal requirements; and(C) instructions for submitting a second application for an absentee ballot.(c) This subsection applies to an application to receive an absentee ballot by mail under IC 3-11-10-24 that is received by the clerk:(1) after 11:59 p.m. twelve (12) days before election day; and(2) before noon on the day before election day. If the clerk determines that the application does not fully comply with the requirements of this title, the clerk shall transmit to the applicant a written notice that includes the information described by subsection (b)(2)(A) through (b)(2)(B). If applicable, the notice must also include a statement that the application was late.
(d) This subsection applies to a voter who submits a defective application to receive an absentee ballot that is received by the clerk before the deadline for receipt of absentee ballots under section 3 of this chapter. Notwithstanding the requirement under IC 3-11-10-25(e) for prior unanimous approval by the county election board, the clerk may: (1) deliver a second absentee application in person to a voter described by this subsection;(2) approve the second absentee application if the clerk determines that each defect in the first absentee application has been corrected; and(3) if accompanied by an absentee voter board, provide the absentee ballot to the voter.(e) After receiving the ballot under subsection (d), the voter may return the voted absentee ballot:(1) in person to the absentee voter board; or(2) to the county election board; before the deadline for receipt of absentee ballots under IC 3-11.5-4-10.
(f) If a clerk uses the procedure described in subsection (d), the procedure must be applied uniformly to all applications covered by subsection (d).Amended by P.L. 153-2024,SEC. 13, eff. 3/13/2024.Added by P.L. 140-2023,SEC. 7, eff. 7/1/2023.