Sec. 18.5. (a) Upon receipt of an absentee ballot application, a member of the county election board or a member of an absentee voter board may file an affidavit with the county election board alleging that the application:
(1) was not submitted by a voter of the precinct;
(2) contains a false statement; or
(3) has not been executed or filed in accordance with Indiana or federal law.
(b) The affidavit must be in a form prescribed by the election division and state the following:
(1) The name and title of the individual filing the affidavit.
(2) A brief statement of the facts known or believed by the individual regarding why:
(A) the applicant is not a voter of the precinct;
(B) the application contains a false statement; or
(C) the application has not been executed or filed in accordance with Indiana or federal law.
(3) That the individual is executing the affidavit under the penalties of perjury.
(4) The penalties for perjury.
(c) Upon the filing of the affidavit, the approval or denial of the application shall be referred to the county election board, which shall promptly conduct a hearing on the matter.
(d) The county election board may act under IC 3-6-5-31 to refer the matter to the appropriate prosecuting attorney.
As added by P.L.103-2005, SEC.7. Amended by P.L.169-2015, SEC.103.
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