Sec. 1. (a) A voter who is otherwise qualified to vote in person is entitled to vote by absentee ballot. Except as otherwise provided in this article, a voter voting by absentee ballot must vote in the office of the circuit court clerk (or board of elections and registration in a county subject to IC 3-6-5.2 or IC 3-6-5.6) or at a satellite office established under IC 3-11-10-26.3.
(b) A county election board, by unanimous vote of its entire membership, may authorize a person who is otherwise qualified to vote in person to vote by absentee ballot if the board determines that the person has been hospitalized or suffered an injury following the final date and hour for applying for an absentee ballot that would prevent the person from voting in person at the polls.
(c) A county election board or board of elections and registration, by unanimous vote of its entire membership, may authorize an individual who is otherwise qualified to vote in person and wishes to vote by absentee ballot to file an application for an absentee ballot if the board determines that:
(1) during the last eleven (11) days before the election:
(A) the governor has declared a disaster emergency under IC 10-14-3-12; or
(B) the county has declared a local disaster emergency under IC 10-14-3-29;
(2) the disaster emergency prevents the individual from voting in person at a polling place; and
(3) an absentee voter board can receive the voter's absentee ballot not later than 6 p.m. on election day.
(d) The absentee ballots used in subsection (b) or (c) must be the same official absentee ballots as described in section 15 of this chapter. Taking into consideration the amount of time remaining before the election, the commission, the county election board, or the board of elections and registration shall determine whether the absentee ballots are transmitted to and from the voter by any of the following:
(1) Mail.
(2) Personal delivery.
An absentee ballot that is personally delivered shall comply with the requirements in sections 19, 20, and 21 of this chapter.
[Pre-1986 Recodification Citation: 3-1-22-1.]
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.223; P.L.7-1990, SEC.40; P.L.4-1991, SEC.67; P.L.3-1993, SEC.124; P.L.17-1993, SEC.10; P.L.1-1994, SEC.4; P.L.12-1995, SEC.76; P.L.3-1995, SEC.98; P.L.2-1996, SEC.140; P.L.126-2002, SEC.47; P.L.14-2004, SEC.101; P.L.66-2010, SEC.9; P.L.109-2021, SEC.19; P.L.193-2021, SEC.36.
Structure Indiana Code
Article 11. Voting Methods, Supplies, and Equipment
Chapter 4. Eligibility and Application for Absentee Ballot
3-11-4-0.5. When an Absentee Ballot Is Considered Sent to a Voter
3-11-4-1. Entitlement to Vote by Absentee Ballot in Clerk's Office or Satellite Office; Conditions
3-11-4-1.5. Application of Chapter to Certain Voters
3-11-4-2. Application for Absentee Ballot; Completion; Execution; Handling; Affidavits
3-11-4-4. Manner of Making Application; Furnished Forms; Fax and Electronic Mail Applications
3-11-4-5.1. Application Form; Contents
3-11-4-8. Nonresident Overseas Voter; Entitled to Receive Only Federal Ballots; Precinct of Voter
3-11-4-10. Estimate of Number of Ballots Required
3-11-4-17.7. Replacement Official Ballots
3-11-4-17.8. Official Replacement Ballots; Procedures
3-11-4-18. Transmitting Ballots; Tracking Ballots; Additional Documentation; Voter Education Program
3-11-4-18.5. Challenge Absentee Voter Application; Affidavit; Referral to County Election Board
3-11-4-20. Envelope; Enclosure of Ballot; Addressee