Sec. 2. (a) This section applies to a voter voting by an absentee ballot that:
(1) is defective and ordered corrected under IC 3-11-2-16;
(2) includes a candidate for election to office who:
(A) ceases to be a candidate; and
(B) is succeeded by a candidate selected under IC 3-13-1 or IC 3-13-2; or
(3) is presented and surrendered at:
(A) the office of the circuit court clerk;
(B) the office of the board of elections and registration;
(C) a satellite office of a board established under IC 3-11-10-26.3; or
(D) a vote center established as a satellite office under IC 3-11-18.1-4(15);
in a sealed envelope and signed by the voter containing an absentee ballot previously mailed to the voter with a request by the voter for a replacement absentee ballot under this section to cast at the office or vote center.
(b) Through the last day before the election day, an absentee voter may recast the ballot during the period specified by IC 3-11-10-26. To obtain a replacement ballot, the absentee voter must present a written request to the county election board for a replacement ballot. However, in a primary election, if an application has been submitted to the county by or for a voter requesting the ballot of a political party, the voter may not change the choice of the voter's party when requesting a replacement ballot unless the county determines, based on the application of the voter, that the voter was issued an incorrect party ballot by the county.
(c) Upon receiving a written request under subsection (b), the circuit court clerk shall do the following:
(1) Place the written request with the absentee voter's original ballots.
(2) Mark "canceled" on the original set of ballots.
(3) Preserve the original ballots with other defective ballots.
(4) Deliver a new set of ballots to the absentee voter.
As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.3-1995, SEC.117; P.L.109-2021, SEC.52.
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