Indiana Code
Chapter 11. Voting by Paper Ballot
3-11-11-9. Voting to Be Private; Rights of Voter in Casting Vote

Sec. 9. (a) A voter shall mark all ballots while screened from observation. The exterior of a voting booth or compartment and each area of the polls must be in plain view of the precinct election board. Each voting booth or compartment shall be placed so that a person voting on the opposite side of the railing or a person on the outside of the polls cannot see or determine how a voter votes. The inspector, judges, and poll clerks may not remain or allow any other person to remain in a position or near a position that would permit them to see or ascertain how a voter votes.
(b) As provided by 52 U.S.C. 21081, a voter casting a paper ballot under this section must be:
(1) permitted to verify in a private and independent manner the votes selected by the voter before the ballot is cast and counted;
(2) provided with the opportunity to change the ballot or correct any error in a private and independent manner before the ballot is cast and counted, including the opportunity to receive a replacement ballot if the voter is otherwise unable to change or correct the ballot; and
(3) notified before the ballot is cast regarding the effect of casting multiple votes for the office and provided an opportunity to correct the ballot before the ballot is cast and counted.
[Pre-1986 Recodification Citation: 3-1-23-17(b) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.280; P.L.209-2003, SEC.153; P.L.164-2006, SEC.112; P.L.128-2015, SEC.187.

Structure Indiana Code

Indiana Code

Title 3. Elections

Article 11. Voting Methods, Supplies, and Equipment

Chapter 11. Voting by Paper Ballot

3-11-11-1. Application of Chapter

3-11-11-1.1. Paper Ballot Use by County Election Board

3-11-11-1.2. Education Program to Inform of Effect of Casting Multiple Votes for Single Office

3-11-11-1.5. Repealed

3-11-11-1.6. Repealed

3-11-11-1.7. Sample Ballots Supplied for Precincts; Posting of Copies

3-11-11-1.8. Time of Delivery to Polls of Ballots and Equipment

3-11-11-1.9. Comparison of Sample Ballots With Ones Supplied; Certification

3-11-11-2. Voting Preparations; Ballot Box

3-11-11-3. Opening Package of Ballots; Delivery of Ballots and Writing Instrument

3-11-11-4. Initial of Poll Clerk on Each Ballot

3-11-11-5. Delivery of Initialed Ballots as Voters Call for Them; Voter to Sign Poll List

3-11-11-6. Delivery of Ballots and Writing Instrument to Voter; Explanations

3-11-11-7. Standards to Define a Vote; Voting Procedure; Marking; Write-in Votes

3-11-11-8. One Voter in Booth; Additional Instruction to Voter in Booth

3-11-11-9. Voting to Be Private; Rights of Voter in Casting Vote

3-11-11-10. Voting Straight Ticket; Mark; Count

3-11-11-10.5. Voting Booth Occupancy; Time Limits; Refusal to Leave

3-11-11-11. Folding of Ballot Before Leaving Booth or Compartment; No Exposure of Face of Ballot; Exposure of Poll Clerk's Initials

3-11-11-12. Folding of Ballot Before Leaving Booth or Compartment; Improper Folding; Voter to Be Directed to Fold Ballot Properly

3-11-11-13. Return of Pencil and Delivery of Ballot After Leaving Compartment

3-11-11-14. Deposit of Ballots in Ballot Box

3-11-11-15. Repealed

3-11-11-16. Disclosure of Ballot; Record

3-11-11-17. Voter to Leave Polls After Voting; Requirement of Voting or Returning Ballot; Procedure for Handling Ballot Not Cast by Voter

3-11-11-18. Spoiling, Defacing, or Mutilating Ballot; Receipt of Another Ballot; Record; Disposition of Ballot

3-11-11-19. Repealed