Sec. 1.7. (a) The following provisions govern the counting of write-in votes:
(1) Except as provided in subsection (b), only votes cast for declared write-in candidates shall be counted and certified.
(2) The name of a candidate, written on the space reserved for write-in voting, is not considered a distinguishing mark that would invalidate a ballot under section 3 of this chapter. However, the name or office of a candidate written in a place on the ballot other than the place reserved for write-in voting may not be counted for that office.
(3) A write-in vote for an office is void if the voter attempts to cast the vote by a means other than printing the name of the candidate in ink or lead pencil. The use of stickers, labels, rubber stamps, or other similar device is not permitted.
(4) An abbreviation, a misspelling, or other minor variation in the form of the name of a candidate or an office shall be disregarded in determining the validity of the ballot if the intention of the voter can be ascertained.
(5) Write-in votes for each write-in candidate shall be counted separately using the tally sheets provided by the county election board.
(6) This subdivision applies to a voter who casts a ballot for:
(A) an individual who is a candidate for President of the United States;
(B) an individual who is a candidate for Vice President of the United States; or
(C) both individuals who are candidates for President of the United States and Vice President of the United States.
A ballot cast as described in this subdivision is considered to be cast for the presidential electors and alternate presidential electors pledged to support the ticket of candidates for President and Vice President printed on the regular official ballot.
(7) This subdivision applies to a voter who casts a ballot for:
(A) an individual who is a candidate for governor;
(B) an individual who is a candidate for lieutenant governor; or
(C) both individuals who are candidates for governor and lieutenant governor.
A ballot cast as described in this subdivision is considered to be cast for both individuals who are candidates for governor and lieutenant governor of Indiana who are printed on the regular official ballot.
(b) This subsection does not apply to an office for which more than one (1) individual may be nominated or elected within the same election district. A write-in vote cast for an individual whose name appears on the ballot as a candidate for that office shall be counted as a vote for the candidate.
As added by P.L.4-1991, SEC.110. Amended by P.L.3-1993, SEC.177; P.L.3-1997, SEC.338; P.L.193-2021, SEC.82.
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