Ind. Code § 3-11.5-4-13 : ELECTIONS — COUNTING ABSENTEE BALLOTS — GENERAL PROCEDURES FOR COUNTIES —11.5-4-13 - Rejection of absentee ballots

(a) If the absentee ballot counters find under section 11 of this chapter that any of the following applies, the ballots shall be rejected:

(1) The affidavit is insufficient or that the ballot has not been endorsed with the initials of:

(A) the two (2) members of the absentee voter board in the office of the clerk of the circuit court under IC 3-11-4-19 or IC 3-11-10-27;

(B) the two (2) members of the absentee voter board visiting the voter under IC 3-11-10-25; or

(C) the two (2) appointed members of the county election board or their designated representatives under IC 3-11-4-19.

(2) The signatures do not correspond or there is no signature, and the signature mismatch or missing signature is not cured by the deadline established under section 13.5 or 13.6 of this chapter.

(3) The absentee voter is not a qualified voter in the precinct.

(4) The absentee voter has voted in person at the election.

(5) The absentee voter has not registered.

(6) The ballot is open or has been opened and resealed. This subdivision does not permit an absentee ballot transmitted by fax or electronic mail under IC 3-11-4-6 to be rejected because the ballot was sealed in the absentee ballot envelope by the individual designated by the circuit court to receive absentee ballots transmitted by fax or electronic mail.

(7) The ballot envelope contains more than one (1) ballot of any kind for the same office or public question.

(8) In case of a primary election, if the absentee voter has not previously voted, the voter failed to execute the proper declaration relative to age and qualifications and the political party with which the voter intends to affiliate.

(9) The ballot has been challenged and there is no absentee ballot application from the voter to support the absentee ballot.

(b) Subsection (c) applies whenever a voter with a disability is unable to make a signature:

(1) on an absentee ballot application that corresponds to the voter's signature in the records of the county voter registration office; or

(2) on an absentee ballot security envelope that corresponds with the voter's signature:

(A) in the records of the county voter registration office; or

(B) on the absentee ballot application.

(c) The voter may request that the voter's signature or mark be attested to by any of the following:

(1) The absentee voter board under section 22 of this chapter.

(2) A member of the voter's household.

(3) An individual serving as attorney in fact for the voter.

(d) An attestation under subsection (c) provides an adequate basis for the absentee ballot counters to determine that a signature or mark complies with subsection (a)(2).

(e) If the absentee ballot counters are unable to agree on a finding described under this section or section 12 of this chapter, the county election board shall make the finding.

(f) This subsection does not apply to an absentee ballot rejected under this section based on a finding that the voter's signature on the absentee ballot security envelope affidavit does not correspond to any signature on the voter's absentee ballot application. The absentee ballot counters or county election board shall issue a certificate to a voter whose ballot:

(1) has been rejected under this section; or

(2) has not been received by the county by noon on election day and will not be counted under section 10 of this chapter;

if the voter appears in person before the board not later than 5 p.m. on election day. The certificate must state that the voter's absentee ballot has been rejected and that the voter may vote in person under section 21 of this chapter if otherwise qualified to vote.

IC 3-11.5-4-13

Amended by P.L. 109-2021,SEC. 60, eff. 7/1/2021.

Amended by P.L. 157-2019,SEC. 32, eff. 7/1/2019.

Amended by P.L. 194-2013, SEC. 73, eff. 7/1/2013.

As added by P.L. 3-1993, SEC.176 and P.L. 19-1993, SEC.2. Amended by P.L. 38-1999, SEC.53; P.L. 126-2002, SEC.85; P.L. 1-2003, SEC.6; P.L. 14-2004, SEC.139; P.L. 198-2005, SEC.13.