Sec. 12. (a) The circuit court clerk shall preserve the receptacle containing the envelope or bag in the clerk's office for the period required under IC 3-10-1-31.1. However, if the election is contested, then the clerk shall preserve the receptacle containing the envelope or bag as long as the contest is undetermined. During those periods the clerk shall keep the receptacle securely locked, subject only to an order of the court trying a contest.
(b) When permitted under IC 3-10-1-31.1, the clerk and county election board member of the opposite political party shall remove the envelope or bag from the receptacle and destroy the envelope or bag.
(c) A county election board may contract with a state educational institution to dispose of ballots. The contract must provide that:
(1) the ballots will be used by the state educational institution to conduct election research; and
(2) the state educational institution may not receive any ballots under this subsection until the period for retention under IC 3-10-1-31.1 has expired.
[Pre-1986 Recodification Citations: 3-1-5-12 part; 3-1-25-3 part; 3-1-25-4 part.]
As added by P.L.5-1986, SEC.8. Amended by P.L.7-1986, SEC.4; P.L.3-1987, SEC.345; P.L.3-1993, SEC.182; P.L.14-2004, SEC.157; P.L.2-2007, SEC.15; P.L.193-2021, SEC.84.
Structure Indiana Code
Article 12. Ascertaining Results of Elections
Chapter 2. Counting of Paper Ballot Votes
3-12-2-1. Chapter Establishes Standards to Define Vote; Ballot Counting Procedures
3-12-2-2. Viewing of Counting of Votes by Inspector and Judge of Opposite Political Party
3-12-2-3. Protest of Ballot by Member of Precinct Election Board
3-12-2-4. Protest of Ballot; Duties of Poll Clerks
3-12-2-5. Vote Count Procedure Where More Than One Precinct Located in Same Room
3-12-2-6. Certificate and Memorandum of Votes Cast
3-12-2-7. Delivery of Certificates, List of Voters, and Tally Papers Upon Vote Tabulation
3-12-2-7.5. Counting Certain Federal Write-in Absentee Ballots
3-12-2-8. Inspector's Duty After Ballots Have Been Counted
3-12-2-10. Oath of Inspector Upon Delivery of Envelope or Bag; Contents
3-12-2-11. Envelope or Bag to Be Placed in Receptacle Having Two Locks; Disposition of Keys
3-12-2-15. Certificate for News Media of Results; Delivery to Circuit Court Clerk and News Media