(a)
For purposes of this section, "clerk" means:
(1)
the circuit court clerk; or
(2)
in a county subject to IC
3-6-5.2
or IC
3-6-5.6
, the director of the board of elections and registration.
[(a)]
(b)
Except as provided in subsection
[(c)]
(e)
and section 6 of this chapter, an
absentee ballot
application
[for]
[an]
[absentee]
[ballot]
must be received by the
[circuit]
[court]
clerk
[(or,]
[in]
[a]
[county]
[subject]
[to]
[IC]
[3-6-5.2]
[or]
[IC]
[3-6-5.6,]
[the]
[director]
[of]
[the]
[board]
[of]
[elections]
[and]
[registration)]
not earlier than the date the registration period resumes under IC
3-7-13-10
.
[nor]
[later]
[than]
(c)
An absentee ballot application must be received by the clerk not later than
the following:
(1)
Noon on election day if the voter registers to vote under IC
3-7-36-14
.
(2)
Noon on the day before election day if the voter:
(A)
completes the application in the office of the circuit court clerk under IC
3-11-10-26
; or
(B)
is an absent uniformed services voter or overseas voter who requests that the ballot be transmitted by electronic mail or fax under section 6(h) of this chapter.
(3)
Noon on the day before election day if:
(A)
the application is mailed, transmitted by electronic mail or fax, or hand delivered from a confined voter or voter caring for a confined person; and
(B)
the applicant requests that the absentee ballots be delivered to the applicant by an absentee voter board under IC
3-11-10-25
.
(4)
11:59 p.m. twelve (12) days before election day if the application is:
(A)
a mailed application;
(B)
transmitted by electronic mail;
(C)
transmitted by fax; or
(D)
hand delivered;
from other voters who request to vote by mail under IC
3-11-10-24
or for a voter with print disabilities to vote by electronic mail or fax under section 6(h) of this chapter.
[(b)]
(d)
An application for an absentee ballot received by the election division by the time and date specified by subsection
[(a)(2)(B),]
[(a)(3),]
(c)(2)(B), (c)(3),
or
[(a)(4)]
(c)(4)
is considered to have been timely received for purposes of processing by the county. The election division shall immediately transmit the application to the
[circuit]
[court]
clerk
[or]
[the]
[director]
[of]
[the]
[board]
[of]
[elections]
[and]
[registration,]
of the county where the applicant resides. The election division is not required to complete or file the affidavit required under section 2(m) of this chapter whenever the election division transmits an application under this subsection.
[(c)]
(e)
If the circuit court clerk receives an absentee ballot application for a voter that is not registered to vote in the county where the clerk serves, the clerk shall forward the application, on an expedited basis, to the circuit court clerk of the county where the voter is registered to vote. The circuit court clerk that receives the application on an expedited basis shall consider the application as filed on the date and time it was filed with the clerk that forwarded the application.
[(d)]
(f)
An application for an absentee ballot for the election may not be received by the
[circuit]
[court]
clerk
[(or,]
[in]
[a]
[county]
[subject]
[to]
[IC]
[3-6-5.2]
[or]
[IC]
[3-6-5.6,]
[the]
[director]
[of]
[the]
[board]
[of]
[elections]
[and]
[registration)]
[earlier]
[than]
before
December 1 of the year before the election.
Source
Pre-1986 Recodification Citation: 3-1-22-2 part.
History
Amended by
P.L.
153
-
2024
,
SEC.
11
, eff.
3/13/2024
.
Amended by
P.L.
227
-
2023
,
SEC.
75
, eff.
7/1/2023
.
Amended by
P.L.
170
-
2023
,
SEC.
15
, eff.
7/1/2023
.
Amended by
P.L.
140
-
2023
,
SEC.
3
, eff.
7/1/2023
.
Amended by
P.L.
131
-
2022
,
SEC.
3
, eff.
7/1/2022
.
Amended by
P.L.
115
-
2022
,
SEC.
3
, eff.
7/1/2022
.
Amended by
P.L.
105
-
2022
,
SEC.
44
, eff.
7/1/2022
.
Amended by
P.L.
109
-
2021
,
SEC.
20
, eff.
4/23/2021
.
Amended by
P.L.
283
-
2019
,
SEC.
1
, eff.
7/1/2019
.
Amended by
P.L.
201
-
2017
,
SEC.
27
, eff.
7/1/2017
.
Amended by
P.L.
169
-
2015
,
SEC.
97
, eff.
7/1/2015
.
Amended by
P.L.
219
-
2013
,
SEC.
33
, eff.
7/1/2013
.
Amended by
P.L.
225
-
2011
,
SEC.
54
, eff.
5/13/2011
.
As added by
P.L.
5-1986
,
SEC.
7
. Amended by
P.L.
14-1987
,
SEC.
1
;
P.L.
3-1987
,
SEC.
224
;
P.L.
10-1988
,
SEC.
103
;
P.L.
5-1989
,
SEC.
50
;
P.L.
7-1990
,
SEC.
41
;
P.L.
12-1992
,
SEC.
8
;
P.L.
8-1992
,
SEC.
17
;
P.L.
3-1997
,
SEC.
273
;
P.L.
38
-
1999
, SEC.38;
P.L.
176
-
1999
, SEC.67;
P.L.
126
-
2002
, SEC.49;
P.L.
1
-
2003
, SEC.3; P.L. 14-2004, SEC.102; P.L. 103-2005, SEC.3;
P.L.
66
-
2010
,
SEC.
10
.