Sec. 17.7. (a) This section applies when a voter:
(1) has been mailed the official ballot under this chapter; and
(2) notifies the county election board that:
(A) the ballot has been destroyed, spoiled, lost, or not received by the voter after a reasonable time has elapsed for delivery of the ballot by mail;
(B) the absentee ballot does not bear the bipartisan initials required under section 19 of this chapter; or
(C) the absentee ballot envelope was not signed by the voter.
(b) As required under 52 U.S.C. 21081, the voter may obtain a replacement official ballot under the procedures set forth in this chapter after the voter files a statement with the county election board. The statement must affirm, under penalties of perjury, that the voter did not receive the official ballot (or that the ballot was received by the voter, but was destroyed, spoiled, or lost), and must set forth any facts known by the voter concerning the destruction, spoiling, or loss of the ballot.
(c) After a voter files the statement required under subsection (b), the circuit court clerk shall do the following:
(1) Place the written request with the absentee voter's original ballot.
(2) Mark "canceled" on the envelope containing the original ballot.
(3) Preserve the original ballot with the other defective ballots.
(4) Deliver a new ballot to the absentee voter.
(d) If a voter requests a replacement ballot for a primary election, the county election board may not provide the voter with a primary election ballot for a political party different from the political party indicated in the voter's application for an absentee ballot.
(e) After receiving the official replacement ballot, the voter shall destroy any spoiled ballot in the possession of the voter or any lost or delayed official ballot that comes into the possession of the voter.
As added by P.L.4-1996, SEC.67. Amended by P.L.209-2003, SEC.115; P.L.128-2015, SEC.162; P.L.157-2019, SEC.13; P.L.278-2019, SEC.63.
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