Sec. 12. (a) This section applies to votes cast by any method.
(b) Except as provided in section 13 of this chapter, a ballot that has been marked and cast by a voter in compliance with this title but may otherwise not be counted solely as the result of the act or failure to act of an election officer may nevertheless be counted in a proceeding under IC 3-12-6, IC 3-12-8, or IC 3-12-11 unless evidence of fraud, tampering, or misconduct affecting the integrity of the ballot is presented by a party to the proceeding.
(c) The act or failure to act by an election officer is not by itself evidence of fraud, tampering, or misconduct affecting the integrity of the ballot.
As added by P.L.7-1986, SEC.3. Amended by P.L.3-1987, SEC.337; P.L.8-1992, SEC.29.
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