Sec. 15. (a) Except as provided in subsection (c), the vote of an absentee voter may be challenged at the polls for the reason that the absentee voter is not a legal voter of the precinct where the ballot is being cast.
(b) Before the inspector prepares to mark the poll list to indicate that an absentee ballot cast by the voter has been received by the county election board according to a certificate delivered to the polls under section 1 or section 8 of this chapter, the inspector shall notify the challengers and the pollbook holders that the inspector is about to mark the poll list under this section. The inspector shall provide the challengers and pollbook holders with the name and address of each voter listed in the certificate so that the voter may be challenged under this article.
(c) This section applies to a county that:
(1) has adopted an order to use an electronic poll list under IC 3-7-29-6(a)(1); or
(2) is a vote center county under IC 3-11-18.1.
The vote of an absentee ballot may be challenged for the reason that the absentee voter is not a legal voter of the precinct for which the absentee ballot was issued. Before the absentee ballot counters process an absentee ballot, the absentee ballot counters shall notify the county election board. A county election board member, or a representative designated by a county election board member, may challenge the absentee ballot under section 16 of this chapter.
(d) The challenge under this section must be determined using the procedures for counting a provisional ballot under IC 3-11.7.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.14-2004, SEC.140; P.L.271-2013, SEC.29; P.L.64-2014, SEC.64; P.L.169-2015, SEC.139.
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