Section 3-11.5-4-2 - Recast of certain ballots(a) This section applies to a voter voting by an absentee ballot that: (1) is defective and ordered corrected under IC 3-11-2-16;(2) includes a candidate for election to office who:(A) ceases to be a candidate; and(B) is succeeded by a candidate selected under IC 3-13-1 or IC 3-13-2; or(3) is presented and surrendered at: (A) the office of the circuit court clerk;(B) the office of the board of elections and registration;(C) a satellite office of a board established under IC 3-11-10-26.3; or(D) a vote center established as a satellite office under IC 3-11-18.1-4(15); in a sealed envelope and signed by the voter containing an absentee ballot previously mailed to the voter with a request by the voter for a replacement absentee ballot under this section to cast at the office or vote center.
(b) Through the last day before the election day, an absentee voter may recast the ballot during the period specified by IC 3-11-10-26. To obtain a replacement ballot, the absentee voter must present a written request to the county election board for a replacement ballot. However, in a primary election, if an application has been submitted to the county by or for a voter requesting the ballot of a political party, the voter may not change the choice of the voter's party when requesting a replacement ballot unless the county determines, based on the application of the voter, that the voter was issued an incorrect party ballot by the county.(c) Upon receiving a written request under subsection (b), the circuit court clerk shall do the following: (1) Place the written request with the absentee voter's original ballots.(2) Mark "canceled" on the original set of ballots.(3) Preserve the original ballots with other defective ballots.(4) Deliver a new set of ballots to the absentee voter.Amended by P.L. 109-2021,SEC. 52, eff. 7/1/2021.As added by P.L. 3-1993, SEC.176 and P.L. 19-1993, SEC.2. Amended by P.L. 3-1995, SEC.117.