Sec. 33. (a) After a voter has marked a ballot card, the voter shall place it inside the envelope provided for this purpose or fold the ballot described in section 18(b)(1) of this chapter and return the ballot card to the judge.
(b) The judge shall offer to return the envelope with the ballot card inside to the voter. The voter shall:
(1) accept the envelope and deposit it in the ballot box; or
(2) decline the envelope and require the judge to deposit it in the ballot box.
(c) If a voter offers to vote a ballot card that is not inside the envelope provided for this purpose or with the ballot not folded as described in section 18(b)(1) of this chapter, the precinct election board shall direct the voter to return to the booth and place the ballot card in the envelope provided for this purpose or fold the ballot. After voting, a voter shall leave the polls.
(d) If a voter leaves the booth without casting a ballot, a precinct election official shall:
(1) attempt to advise the voter not to leave the polls because the voter's ballot has not been cast; and
(2) permit the voter to return to the booth to complete the process of casting the voter's ballot.
(e) If the voter has left the polls, or declines to return to the booth, the inspector shall direct both judges to do the following:
(1) Enter into the booth and place the voter's ballot inside the envelope provided or fold the ballot as described in section 18(b)(1) of this chapter.
(2) Give the envelope or folded ballot to the inspector.
The inspector shall then deposit the voter's ballot in the ballot box.
(f) After the voter's ballot has been deposited in the ballot box, the judges and the inspector shall promptly complete a form prescribed under IC 3-5-4-8 containing the following information:
(1) The name of the voter who left the polls without completing the process of casting a ballot if the voter's name is known.
(2) The approximate time that the voter left the polls.
(3) Whether the voter was advised that the voter could return to the booth to complete the casting of the ballot.
(4) A statement made under the penalties for perjury indicating that:
(A) the judges gave the voter's ballot to the inspector;
(B) the inspector deposited the voter's ballot in the ballot box; and
(C) the judges and the inspector did not make any alteration to the choices made by the voter.
The form must be signed by both judges and the inspector.
(g) After a voter's ballot cards have been deposited in the ballot box, the poll clerks shall make a voting mark after the voter's name on the poll list.
[Pre-1986 Recodification Citation: 3-2-4-4(e) part.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.321; P.L.4-1996, SEC.71; P.L.38-1999, SEC.49; P.L.176-1999, SEC.90; P.L.239-2001, SEC.13; P.L.221-2005, SEC.87; P.L.278-2019, SEC.109; P.L.156-2020, SEC.3.
Structure Indiana Code
Article 11. Voting Methods, Supplies, and Equipment
Chapter 13. Voting by Ballot Card Voting System
3-11-13-1. Application of Chapter
3-11-13-2. Permissible Use of System; Generally
3-11-13-3. Use of System at Primary Election; Requisites
3-11-13-4.5. Education Program to Inform of Effect of Casting Multiple Ballots for Single Office
3-11-13-6. Marking Devices; Preparation; Time of System Delivery to Polls
3-11-13-7. Demonstration Marking Devices
3-11-13-7.5. Ballot Marking Devices; Requirements
3-11-13-8. Marking of Ballot Cards in Secret
3-11-13-9. Sample Ballots; Requirements
3-11-13-10. Posting Sample Ballots
3-11-13-11. Ballot Information; Arrangement
3-11-13-11.5. No Quotation Marks in Formatting Public Questions on Ballot
3-11-13-13. Ballot Labels; Marking to Indicate List of Candidates Continued on Following Page
3-11-13-16. Rotation of Names of Candidates for Nomination at Primary Election
3-11-13-18. Ballot Cards for Write-in Voting; When Not Required; Standards to Define a Vote
3-11-13-23. Observation of Machine Tests; Certification
3-11-13-24. Applicability of Section to Certain Voting Systems; Testing Machines; Requirements
3-11-13-24.5. Testing Voting System Tabulation
3-11-13-25. Testing Machines; Detection of Error; Determination of Cause and Correction
3-11-13-26. Sealing Tabulating Machines Following Completion of Count
3-11-13-26.5. Instructional Displays
3-11-13-27. Determination of System Readiness; Certification
3-11-13-27.5. Opening and Delivering Ballots and Marking Devices
3-11-13-28.1. Applicability; Initials of Poll Clerks on Ballot Card
3-11-13-28.2. Applicability; Initials of Poll Clerks on Ballot Card
3-11-13-28.7. Poll Clerk Initials on Secrecy Envelopes; Standards to Define a Vote
3-11-13-29. Instructions to Voters; Location of Instructions; Rights of Voter in Casting Ballot
3-11-13-30. Instructions to Voter
3-11-13-31. Assisting Voter in Determining Proper Initials on Ballot Card
3-11-13-31.5. Visual Placement of Voting Booths
3-11-13-31.6. Voting Mark; Instructions
3-11-13-31.7. Voting Procedure; Standards to Define a Vote
3-11-13-32. Additional Instruction to Voter After Entering Voting Booth
3-11-13-32.5. Occupation of Voting Booth; Time Limits; Refusal to Leave
3-11-13-32.8. Disclosure of Vote by Voter Before Its Registration; Effect
3-11-13-35. Defaced or Defective Ballot Cards
3-11-13-36. Securing Marking Devices on Closing of Polls
3-11-13-37. Confirmation of Count
3-11-13-38. Petition for Confirmation of Vote Cast
3-11-13-40. Certification of Results of Audit
3-11-13-42. Municipal Election Use of Ballot Card Voting System
3-11-13-43. Municipal Elections Where Ballot Card Voting System Supplied; Supplies; Expenses