Indiana Code
Chapter 5. Counting Provisional Ballots
3-11.7-5-1.7. Effect of Affidavit Evidence on Counting Provisional Ballot

Sec. 1.7. (a) This section does not apply to a provisional ballot cast by a voter for any of the following reasons:
(1) The provisional ballot was cast by the voter under a court order extending the hours that the polls were open.
(2) The provisional ballot was cast by a voter who is not on the poll list who indicates that the voter applied to register at a voter registration agency.
(3) The provisional ballot was cast by the voter after the voter was challenged solely due to the voter being unable or declining to provide proof of identification.
(4) The provisional ballot was cast by the voter after the voter was challenged solely due to the voter's failure to provide additional documentation.
(b) If the only evidence before the county election board on the question of counting of the provisional ballot cast by the voter is:
(1) the affidavit of the voter who cast the provisional ballot; and
(2) the affidavit of a challenger challenging the voter who cast the provisional ballot;
the provisional ballot shall be counted if the individual is a registered voter of that precinct.
As added by P.L.278-2019, SEC.133. Amended by P.L.141-2020, SEC.14; P.L.193-2021, SEC.77.

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