Sec. 2. (a) Except as provided in section 5 of this chapter, if the county election board determines that all the following apply, a provisional ballot is valid and shall be counted under this chapter:
(1) The affidavit executed by the provisional voter under IC 3-11.7-2-1 is properly executed.
(2) The provisional voter is a qualified voter of the precinct and has provided proof of identification, if required, under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26.
(3) Based on all the information available to the county election board, including:
(A) information provided by the provisional voter;
(B) information contained in the county's voter registration records; and
(C) information contained in the statewide voter registration file;
the provisional voter registered to vote at a registration agency under this article on a date within the registration period.
(b) If the provisional voter has provided information regarding the registration agency where the provisional voter registered to vote, the board shall promptly make an inquiry to the agency regarding the alleged registration. The agency shall respond to the board not later than noon of the first Friday after the election, indicating whether the agency's records contain any information regarding the registration. If the agency does not respond to the board's inquiry, or if the agency responds that the agency has no record of the alleged registration, the board shall reject the provisional ballot. The board shall endorse the ballot with the word "Rejected" and document on the ballot the inquiry and response, if any, by the agency.
(c) Except as provided in section 5 of this chapter, a provisional ballot cast by a voter described in IC 3-11.7-2-1(b) is valid and shall be counted if the county election board determines under this article that the voter filed the documentation required under IC 3-7-33-4.5 and 52 U.S.C. 21083 with the county voter registration office not later than the closing of the polls on election day.
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.176; P.L.109-2005, SEC.12; P.L.103-2005, SEC.15; P.L.128-2015, SEC.205.
Structure Indiana Code
Article 11.7. Provisional Voting
Chapter 5. Counting Provisional Ballots
3-11.7-5-1. Requirements and Deadlines for Counting Ballots
3-11.7-5-1.7. Effect of Affidavit Evidence on Counting Provisional Ballot
3-11.7-5-2. Criteria for Determining Validity of Ballots
3-11.7-5-2.5. Determining Validity of Provisional Ballot
3-11.7-5-3. Consequence for Ballots Not Satisfying Criteria
3-11.7-5-4. Valid Ballots; Opening and Marking
3-11.7-5-5. Ballots Rejected; Absence of Poll Clerks' Initials
3-11.7-5-7. Counting Ballots by Laying on Table
3-11.7-5-8. Reading Names of Candidates; Ballot Questions
3-11.7-5-9. Protest Counting of Ballots
3-11.7-5-10. Referral of Protested Ballot to County Election Board
3-11.7-5-11. Counters Signing Protested Ballots
3-11.7-5-12. Noting Whether Protested Ballot Counted
3-11.7-5-13. Separate Counting of Ballots From Other Precincts
3-11.7-5-14. Counting of Ballots by More Than One Set of Counters
3-11.7-5-15. Counting Write-in Ballots
3-11.7-5-16. Certificate of Provisional Vote Count
3-11.7-5-17. Entry and Memorandum of Vote Count
3-11.7-5-18. Delivery of Certificates and Tally Papers to County Election Board
3-11.7-5-19. Securing Ballots, Certificates, and Tally Papers; Delivery
3-11.7-5-20. Oath of Ballot Counters
3-11.7-5-21. Filing Ballot Counters' Oaths
3-11.7-5-22. Secure Storage of Ballots and Papers
3-11.7-5-23. Locks on Stored Ballots and Papers
3-11.7-5-24. Time for Storage of Ballots and Papers
3-11.7-5-25. Time for Retention of Ballots and Papers When Election Contested
3-11.7-5-26. Destruction of Stored Ballots and Papers
3-11.7-5-27. Contract With State Educational Institution for Disposal of Ballots
3-11.7-5-28. News Media Certificate of Provisional Ballot Totals