Section 3-11.5-4-12 - Opening envelope containing absentee ballot; procedure; processing certain ballots as provisional ballots(a) Notwithstanding any provision to the contrary in this chapter, in a county described by subsection (e) or (f), the signature review process described in this section may be conducted at any time after receipt of an absentee ballot by the county election board.(b) If the absentee ballot counters find under section 11 of this chapter that: (1) the affidavit is properly executed;(2) the signatures correspond;(3) the absentee voter is a qualified voter of the precinct;(4) the absentee voter is registered and is not required to file additional information with the county voter registration office under IC 3-7-33-4.5 or IC 3-7-33-4.7; and(5) in case of a primary election, if the absentee voter has not previously voted, the absentee voter has executed the proper declaration relative to age and qualifications and the political party with which the absentee voter intends to affiliate; the absentee ballot counters shall open the envelope containing the absentee ballots so as not to deface or destroy the affidavit and take out each ballot enclosed without unfolding or permitting a ballot to be unfolded or examined.
(c) If the absentee ballot counters find under subsection (b) that the voter has not filed the additional information required to be filed with the county voter registration office under IC 3-7-33-4.5 or IC 3-7-33-4.7, but that all of the other findings listed under subsection (b) apply, the absentee ballot shall be processed as a provisional ballot under IC 3-11.7.(d) The absentee ballot counters shall then deposit the ballots in a secure envelope with the name of the precinct set forth on the outside of the envelope. After the absentee ballot counters or the county election board has made the findings described in subsection (b) or section 13 of this chapter for all absentee ballots of the precinct, the absentee ballot counters shall remove all the ballots deposited in the envelope under this section for counting under IC 3-11.5-5 or IC 3-11.5-6.(e) This subsection applies to a county having a consolidated city. For an absentee ballot cast in person by a voter under IC 3-11-10-25, IC 3-11-10-26, or IC 3-11-10-26.3, the absentee ballot counters may, but are not required to, make the findings required under subsection (b)(2) or (b)(3).(f) This subsection applies to a county: (1) that does not have a consolidated city; and(2) when the county election board has adopted a resolution by the unanimous vote of its entire membership to use the procedures set forth in this subsection. For an absentee ballot cast in person by a voter under IC 3-11-10-25, IC 3-11-10-26, or IC 3-11-10-26.3, the absentee ballot counters may, but are not required to, make the findings required under subsection (b)(2) or (b)(3).
(g) A resolution adopted under subsection (f) may be repealed or amended only by the unanimous vote of the entire membership of the county election board.Amended by P.L. 65-2024,SEC. 29, eff. 7/1/2024.Amended by P.L. 210-2018,SEC. 3, eff. 7/1/2018.Amended by P.L. 100-2018,SEC. 17, eff. 7/1/2018.Amended by P.L. 225-2011, SEC. 74, eff. 7/1/2011.As added by P.L. 3-1993, SEC.176 and P.L. 19-1993, SEC.2. Amended by P.L. 209-2003, SEC.169; P.L. 221-2005, SEC.97.