Sec. 1. Subject to sections 5, 6, 7, 8, 9, 9.5, and 13 of this chapter, the primary factor to be considered in determining a voter's choice on a ballot is the intent of the voter. If the voter's intent can be determined on the ballot or on part of the ballot, the vote shall be counted for the affected candidate or candidates or on the public question. However, if it is impossible to determine a voter's choice of candidates on a part of a ballot or vote on a public question, then the voter's vote concerning those candidates or public questions may not be counted.
[Pre-1986 Recodification Citations: 3-1-25-1(a) part; 3-1-25-18(g).]
As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.328; P.L.64-2014, SEC.68.
Structure Indiana Code
Article 12. Ascertaining Results of Elections
Chapter 1. Rules for Counting Ballots
3-12-1-1. Intent of Voter Primary Factor to Consider in Determining Voter's Choice on Ballot
3-12-1-1.2. Chapter Establishes Standards to Define Vote
3-12-1-1.5. "Election Officer" Defined
3-12-1-2. Ballot Void if Not Properly Endorsed; Not Applicable to Absentee Ballots
3-12-1-3. Ballot Void if It Bears Distinguishing Mark or Mutilation
3-12-1-4. Ballot Void for Extrinsic Act; Erasures
3-12-1-5. Counting Voting Marks
3-12-1-6. Voting Mark on or in Voting Square; Public Questions
3-12-1-7. Straight Party Ticket Voting; Counting Multiple Votes
3-12-1-7.5. Counting Write-in Votes
3-12-1-9.5. Remake of Damaged or Defective Ballot Card; Conditions
3-12-1-11. Primary Election; Application of Chapter
3-12-1-13. Absentee Ballots; Necessary Endorsements
3-12-1-14. Counting of Vote Cast for Candidate Who Ceases to Be Candidate
3-12-1-15. Counting Straight Party Vote for Successor Candidate; Exceptions
3-12-1-16. Vote Cast for "No Candidate" or "Candidate Deceased"
3-12-1-17. Absentee Ballot Received From Overseas Voter by Mail; Arrival Time; When to Count