Sec. 17. (a) This section applies only to an absentee ballot sent by mail.
(b) Notwithstanding IC 3-11.5-4-7, an absentee ballot received from an overseas voter is not considered as arriving too late if both of the following apply:
(1) The absentee ballot envelope is postmarked not later than the date of the election.
(2) The absentee ballot is received not later than noon ten (10) days following the election.
(c) If the postmark on the absentee ballot envelope is unclear, the county election board, by unanimous vote of the entire membership of the board, determines the postmark date. If the board is unable to determine the postmark date, the absentee ballot may not be counted.
As added by P.L.164-2006, SEC.125. Amended by P.L.64-2014, SEC.70; P.L.76-2014, SEC.54; P.L.278-2019, SEC.139.
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