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Indiana Statutes § 3-11-4-2 Application for absentee ballot; assistance; providing an application; identification numbers; handling; affidavits

⤴ Up to Chapter 4: Eligibility and Application for Absentee Ballot

Statute Text

(a) A voter who wants to vote by absentee ballot must apply to the county election board for an absentee ballot. Except as provided in subsection (b), the voter must sign the absentee ballot application.
(b) If a voter with disabilities is unable to sign the absentee ballot application and the voter has not designated an individual to serve as attorney in fact for the voter, the voter may designate an individual eligible to assist the voter under IC 3-11-9-2 (a) to sign the application on behalf of the voter and add the individual's name to the application. If an individual applies for an absentee ballot as the properly authorized attorney in fact for a voter, the attorney in fact must attach a copy of the power of attorney to the application and comply with subsection (d).
(c) A person may provide an individual with an application for an absentee ballot with the following information already printed or otherwise set forth on the application when provided to the individual:
(1) The name of the individual.
(2) The voter registration address of the individual.
(3) The mailing address of the individual.
(4) The date of birth of the individual.
(d) A person may not provide an individual with an application for an absentee ballot with the following information already printed or otherwise set forth on the application when provided to the individual:
(1) The address to which the absentee ballot would be mailed, if different from the voter registration address of the individual.
(2) In a primary election, the major political party ballot requested by the individual.
(3) In a primary or general election, the types of absentee ballots requested by the individual.
(4) The reason why the individual is entitled to vote an absentee ballot:
(A) by mail; or
(B) before an absentee voter board (other than an absentee voter board located in the office of the circuit court clerk or a satellite office);
in accordance with section 18 of this chapter, IC 3-11-10-24 , or IC 3-11-10-25 .
(5) The voter identification number of the individual.
(e) If the county election board determines that an absentee ballot application does not comply with subsection (d), the board shall implement the procedures prescribed by section 17.6 of this chapter.
(f) The following statement must be printed in at least 16 point font size, underlined, and clearly legible print on the envelope of an absentee ballot application that a person sends to an individual:
"(Name of person sending the absentee ballot application) has sent you the enclosed application. This is unsolicited and is not sent by a state or local election official.".
(g) This subsection:
(1) applies only to an application to be mailed to an individual; and
(2) does not apply to an application provided to an individual online.
An agency of the state or a political subdivision may not provide an individual with an absentee ballot application unless requested by the individual or a member of the individual's family listed in IC 3-6-6-7 (a)(4) .
(h) An absentee ballot application must request that the individual include:
(1) on the individual's ballot application:
(A) either:
(i) the individual's ten (10) digit Indiana driver's license number issued under IC 9-24-11 ;
(ii) the individual's ten (10) digit Indiana identification card number for nondrivers issued under IC 9-24-16 ; or
(iii) the unique identifying number assigned to the voter's registration record in the computerized list; and
(B) the last four (4) digits of the voter's Social Security number; or
(2) with the individual's ballot application, a photocopy of:
(A) the individual's:
(i) driver's license issued under IC 9-24; or
(ii) Indiana identification card for nondrivers issued under IC 9-24-16 ; or
(B) other proof of identification for the individual under IC 3-5-2-40.5 .
Information and documentation described by this subsection that is included on or with an individual's ballot application is confidential. A county voter registration office is only required to redact the confidential information in responding to a public records request under IC 5-14-3 . The application form must state that an applicant may include only one (1) of the numbers under subdivision (1) or one (1) of the documents under subdivision (2), but the application may be delayed if the county election board cannot match at least one (1) of the numbers described in this subsection with the voter's registration record.
(i) This subsection applies only to an absentee ballot application submitted in an electronic format using a module of the computerized list under IC 3-7-26.3 . In order for an individual to access the absentee ballot application, the individual shall provide one (1) of the following:
(1) The individual's ten (10) digit Indiana driver's license number issued under IC 9-24-11 .
(2) The individual's ten (10) digit Indiana identification card number for nondrivers issued under IC 9-24-16 .
(3) The unique identifying number assigned to the voter's registration record in the computerized list.
(4) The last four (4) digits of the individual's Social Security number.
Information described by subdivisions (1) through (4) that is provided by an individual under this subsection is confidential. A county voter registration office is only required to redact the confidential information in responding to a public records request under IC 5-14-3 .
(j) The county election board shall implement the procedures prescribed by section 17.6 of this chapter if the county election board cannot match at least one (1) of the numbers described in subsection (h) or (i) with the voter's registration record.
(k) A person who assists an individual in completing any information described in subsection (d) on an absentee ballot application shall state under the penalties for perjury the following information on the application:
(1) The full name, residence and mailing address, and daytime and evening telephone numbers (if any) of the person providing the assistance.
(2) The date this assistance was provided.
(3) That the person providing the assistance has complied with Indiana laws governing the submission of absentee ballot applications.
(4) That the person has no knowledge or reason to believe that the individual submitting the application:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
When providing assistance to an individual, the person must, in the individual's presence and with the individual's consent, provide the information listed in subsection (d) if the individual is unable to do so.
(l) This subsection does not apply to an employee of the United States Postal Service or a bonded courier company acting in the individual's capacity as an employee of the United States Postal Service or a bonded courier company. A person who receives a completed absentee ballot application from the individual who has applied for the absentee ballot shall indicate on the application the date the person received the application, and file the application with the appropriate county election board or election division not later than:
(1) noon ten (10) days after the person receives the application; or
(2) the deadline set by Indiana law for filing the application with the board;
whichever occurs first. The election division, a county election board, or a board of elections and registration shall forward an absentee ballot application to the county election board or board of elections and registration of the county where the individual resides.
(m) This subsection does not apply to an employee of the United States Postal Service or a bonded courier company acting in the individual's capacity as an employee of the United States Postal Service or a bonded courier company, or to the election division, a county election board, or a board of elections and registration. A person filing an absentee ballot application, other than the person's own absentee ballot application, must include an affidavit with the application. The affidavit must be signed by the individual who received the completed application from the applicant. The affidavit must be in a form prescribed by the election division. The form must include the following:
(1) A statement of the full name, residence and mailing address, and daytime and evening telephone numbers (if any) of the person submitting the application.
(2) A statement that the person filing the affidavit has complied with Indiana laws governing the submission of absentee ballot applications.
(3) The date (or dates) that the absentee ballot applications attached to the affidavit were received.
(4) A statement that the person has no knowledge or reason to believe that the individual whose application is to be filed:
(A) is ineligible to vote or to cast an absentee ballot; or
(B) did not properly complete and sign the application.
(5) A statement that the person is executing the affidavit under the penalties of perjury.
(6) A statement setting forth the penalties for perjury.
(n) The county election board shall record the date and time of the filing of the affidavit.

Source

Pre-1986 Recodification Citation: 3-1-22-2 part.

History

Amended by P.L. 140 - 2023 , SEC. 1 , eff. 7/1/2023 .

Amended by P.L. 11 - 2023 , SEC. 10 , eff. 7/1/2023 .

Amended by P.L. 115 - 2022 , SEC. 2 , eff. 7/1/2022 .

Amended by P.L. 278 - 2019 , SEC. 62 , eff. 7/1/2019 .

Amended by P.L. 169 - 2015 , SEC. 96 , eff. 7/1/2015 .

Amended by P.L. 64 - 2014 , SEC. 41 , eff. 3/24/2014 .

Amended by P.L. 194 - 2013 , SEC. 51 , eff. 7/1/2013 .

Amended by P.L. 121 - 2012 , SEC. 1 , eff. 7/1/2012 .

As added by P.L. 5-1986 , SEC. 7 . Amended by P.L. 38 - 1999 , SEC.37; P.L. 126 - 2002 , SEC.48; P.L. 103-2005, SEC.2.

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