Sec. 3. (a) If the board determines that the affidavit executed by the provisional voter has not been properly executed, that the provisional voter is not a qualified voter of the precinct, that the voter failed to provide proof of identification when required under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26, or that the provisional voter did not register to vote at a registration agency under this article on a date within the registration period, the board shall make the following findings:
(1) The provisional ballot is invalid.
(2) The provisional ballot may not be counted.
(3) The provisional ballot envelope containing the ballots cast by the provisional voter may not be opened.
(b) If the county election board determines that a provisional ballot is invalid, a notation shall be made on the provisional ballot envelope: "Provisional ballot determined invalid".
As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.177; P.L.109-2005, SEC.14; P.L.103-2005, SEC.17.
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