Sec. 10. (a) This subsection applies to a county that:
(1) uses a paper list of voters provided under IC 3-7-29-2;
(2) has not adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); and
(3) is not a vote center county under IC 3-11-18.1.
Subject to IC 3-10-8-7.5, IC 3-12-1-17, and section 7 of this chapter, absentee ballots received by mail (or by fax or electronic mail under IC 3-11-4-6) after 6 p.m. on election day are considered as arriving too late and may not be counted.
(b) This subsection applies to a county described in subsection (a). An absentee ballot that is returned to the county election board between noon and 6 p.m. on election day may not be reviewed or counted under this article until all of the following have occurred:
(1) The polls in each precinct have closed.
(2) The poll list for the precinct with an absentee ballot that has not been counted has been returned to the county election board.
(3) The county election board confirms whether the voter cast a ballot at the polls on election day.
(c) This subsection applies to a county that:
(1) has adopted an order to use an electronic poll book under IC 3-7-29-6(a)(1); or
(2) is a vote center county under IC 3-11-18.1.
Subject to IC 3-10-8-7.5 and IC 3-12-1-17, absentee ballots received by mail or by fax or electronic mail under IC 3-11-4 after 6 p.m. on election day are considered as arriving too late and may not be counted.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.126-2002, SEC.83; P.L.198-2005, SEC.12; P.L.64-2014, SEC.63; P.L.109-2021, SEC.57.
Structure Indiana Code
Article 11.5. Counting Absentee Ballots
Chapter 4. General Procedures for Counties
3-11.5-4-1. Circuit Court Clerk Records and Certifications
3-11.5-4-2. Recast of Certain Ballots
3-11.5-4-3.5. Absentee Ballot of Voter Required to Present Additional Information; Procedure
3-11.5-4-4. Treatment of Ballot Found Without Genuine Signature
3-11.5-4-7. Acceptance of Posted Absentee Ballots
3-11.5-4-8. Applicability; Certification of Voter Names; Delivery of Certificates
3-11.5-4-10. Time for Receipt of Ballots; Treatment
3-11.5-4-11. Opening Absentee Ballots; Procedure; Signature Comparison
3-11.5-4-12.5. Opening Absentee Ballots by Machine
3-11.5-4-13. Rejection of Absentee Ballots
3-11.5-4-13.5. Absentee Ballot Signature Comparison; Procedure; Signature Verification Affidavit
3-11.5-4-14. Rejected Ballots; Endorsement; Processing and Return
3-11.5-4-15. Challenge of Absentee Ballot at Polls; Procedure
3-11.5-4-16. Absentee Voter's Application as Affidavit; Challenge Procedure
3-11.5-4-17. Absentee Ballot of Deceased Voter
3-11.5-4-18. Voting in Person by Absentee Voter Who Has Not Returned Absentee Ballot
3-11.5-4-20. Absentee Voter Wishing to Vote in Person After Poll List Is Marked
3-11.5-4-21. Voter Appearing in Person Who Has Cast Rejected Absentee Ballot
3-11.5-4-21.5. Rejected Absentee Ballots May Not Be Opened; Exception
3-11.5-4-23.5. Appointment of Absentee Ballot Counters and Couriers in Marion County