Sec. 12. (a) Notwithstanding any provision to the contrary in this chapter, in a county described by subsection (e) or (f), the signature review process described in this section may be conducted at any time after receipt of an absentee ballot by the county election board.
(b) If the absentee ballot counters find under section 11 of this chapter that:
(1) the affidavit is properly executed;
(2) the signatures correspond;
(3) the absentee voter is a qualified voter of the precinct;
(4) the absentee voter is registered and is not required to file additional information with the county voter registration office under IC 3-7-33-4.5; and
(5) in case of a primary election, if the absentee voter has not previously voted, the absentee voter has executed the proper declaration relative to age and qualifications and the political party with which the absentee voter intends to affiliate;
the absentee ballot counters shall open the envelope containing the absentee ballots so as not to deface or destroy the affidavit and take out each ballot enclosed without unfolding or permitting a ballot to be unfolded or examined.
(c) If the absentee ballot counters find under subsection (b) that the voter has not filed the additional information required to be filed with the county voter registration office under IC 3-7-33-4.5, but that all of the other findings listed under subsection (b) apply, the absentee ballot shall be processed as a provisional ballot under IC 3-11.7.
(d) The absentee ballot counters shall then deposit the ballots in a secure envelope with the name of the precinct set forth on the outside of the envelope. After the absentee ballot counters or the county election board has made the findings described in subsection (b) or section 13 of this chapter for all absentee ballots of the precinct, the absentee ballot counters shall remove all the ballots deposited in the envelope under this section for counting under IC 3-11.5-5 or IC 3-11.5-6.
(e) This subsection applies to a county having a consolidated city. For an absentee ballot cast in person by a voter under IC 3-11-10-25, IC 3-11-10-26, or IC 3-11-10-26.3, the absentee ballot counters may, but are not required to, make the findings required under subsection (b)(2) or (b)(3) of this section.
(f) This subsection applies to a county:
(1) that does not have a consolidated city; and
(2) when the county election board has adopted a resolution by the unanimous vote of its entire membership to use the procedures set forth in this subsection.
For an absentee ballot cast in person by a voter under IC 3-11-10-25, IC 3-11-10-26, or IC 3-11-10-26.3, the absentee ballot counters may, but are not required to, make the findings required under subsection (b)(2) or (b)(3) of this section.
(g) A resolution adopted under subsection (f) may be repealed or amended only by the unanimous vote of the entire membership of the county election board.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.209-2003, SEC.169; P.L.221-2005, SEC.97; P.L.225-2011, SEC.74; P.L.100-2018, SEC.17; P.L.210-2018, SEC.3.
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