Sec. 5. (a) This subsection does not apply to a ballot card voting system or an electronic voting system. Except as provided in subsection (d), a voting mark made by a voter on or in a voting square at the left of a candidate's name or political party's name shall be counted as a vote for the candidate or candidates of the political party.
(b) This subsection applies to a ballot card voting system. A voting mark made by a voter:
(1) on or in a circle, oval, or square; or
(2) to connect a connectable arrow;
immediately below or beside a candidate's name or political party's name shall be counted as a vote for the candidate or candidates of the political party, except as provided in subsection (d).
(c) This subsection applies to a direct record electronic voting system. A voting mark made by a voter touching a touch sensitive point or button below or beside a candidate's name or political party's name shall be counted as a vote for the candidate or candidates of the political party, except as provided in subsection (d).
(d) A voter who wishes to cast a ballot for a candidate for election to an at-large district to which more than one (1) person may be elected on a:
(1) county council;
(2) city common council;
(3) town council; or
(4) township board;
must make a voting mark for each individual candidate for whom the voter wishes to cast a vote. A straight ticket voting mark on a paper ballot, ballot card voting system, or electronic voting system shall not be counted as a straight party ticket voting mark as a vote for any candidate for an office described by this subsection.
[Pre-1986 Recodification Citation: 3-1-25-18(b).]
As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.35; P.L.219-2013, SEC.62; P.L.21-2016, SEC.22; P.L.278-2019, SEC.137.
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