Ind. Code ch. 3-12-1

Ind. Code ch. 3-12-1
in effect

Ind. Code § 3-12-1-1 Intent of voter primary factor to consider in determining voter's choice on ballot

Sec. 1. Subject to sections 5, 6, 7, 8, 9, 9.5, and 13 of this chapter, the primary factor to be considered in determining a voter's choice on a ballot is the intent of the voter. If the voter's intent can be determined on the ballot or on part of the ballot, the vote shall be counted for the affected candidate or candidates or on the public question. However, if it is impossible to determine a voter's choice of candidates on a part of a ballot or vote on a public question, then the voter's vote concerning those candidates or public questions may not be counted. [Pre-1986 Recodification Citations: 3-1-25-1(a) part; 3-1-25-18(g).] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.328; P.L.64-2014, SEC.68.

Ind. Code § 3-12-1-1.2 Chapter establishes standards to define vote

Sec. 1.2. (a) This chapter is enacted to comply with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory standards to define what will be counted as a vote on a paper ballot, optical scan voting system, or electronic voting system. (b) The standards in this chapter apply to counting votes on every voting system, except where specific standards applicable only: (1) to a type of voting system are provided under IC 3-12-2, IC 3-12-3, or IC 3-12-3.5; and (2) in a recount or contest proceeding are provided under IC 3-12-6, IC 3-12-8, IC 3-12-11, or IC 3-12-12. As added by P.L.209-2003, SEC.180. Amended by P.L.128-2015, SEC.207.

Ind. Code § 3-12-1-1.5 "Election officer" defined

Sec. 1.5. As used in this chapter, "election officer" means a person employed or appointed by the state, a political subdivision, or a political party to perform a duty under this title. As added by P.L.3-1987, SEC.329.

Ind. Code § 3-12-1-1.7 Write-in votes

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.

Ind. Code § 3-12-1-2 Ballot void if not properly endorsed; not applicable to absentee ballots

Sec. 2. (a) This section does not apply to absentee ballots. (b) The whole ballot may not be counted, subject to section 12 of this chapter, if the ballot is not endorsed or printed with the initials of the poll clerks in accordance with state law. [Pre-1986 Recodification Citation: 3-1-25-1(a) part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.330; P.L.55-2014, SEC.10.

Ind. Code § 3-12-1-3 Ballot void if it bears distinguishing mark or mutilation

Sec. 3. The whole ballot is void if the ballot bears any distinguishing mark (other than a voting mark) or a mutilation made by the voter or an election officer with the intent to enable a person to determine who cast the marked or mutilated ballot. [Pre-1986 Recodification Citations: 3-1-25-1(a) part; 3-1-28-8 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.331.

Ind. Code § 3-12-1-4 Ballot void for extrinsic act; erasures

Sec. 4. (a) The whole ballot is void if a voter does any act extrinsic to the ballot, such as enclosing any paper or other article in the folded ballot, with the intent to enable a person to determine that the voter cast the ballot. (b) An erasure by a voter does not make the whole ballot void unless made with the intent to enable a person to determine who cast the ballot, but it does not register a vote for the elected office, political party office, or public question for which it is made. [Pre-1986 Recodification Citations: 3-1-25-1(a) part; 3-1-25-18(a) part; 3-1-28-8 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.34; P.L.3-1987, SEC.332.

Ind. Code § 3-12-1-5 Counting voting marks

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027. 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 a school board office or 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; P.L.195-2025, SEC.14.

Ind. Code § 3-12-1-5 Counting voting marks

Note: This version of section effective 1-1-2027. See also preceding version of this section, effective until 1-1-2027. 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 a school board office 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 a school board office. [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; P.L.195-2025, SEC.14; P.L.99-2026, SEC.12.

Ind. Code § 3-12-1-6 Voting mark on or in voting square; public questions

Sec. 6. A voting mark made by a voter on or in a voting square following the word "Yes" or the word "No" before a public question shall be counted as indicated. [Pre-1986 Recodification Citation: 3-1-25-18(c).] As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.36.

Ind. Code § 3-12-1-7 Straight party ticket voting; counting multiple votes

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027. Sec. 7. (a) This subsection applies whenever a voter: (1) votes a straight party ticket; and (2) votes only for one (1) or more individual candidates who are all of the same political party as the straight ticket vote. Except as provided in subsection (d) or (e), the straight ticket vote shall be counted and the individual candidate votes may not be counted. (b) This subsection applies whenever: (1) a voter has voted a straight party ticket for the candidates of one (1) political party; (2) only one (1) person may be elected to an office; and (3) the voter has voted for one (1) individual candidate for the office described in subdivision (2) who is: (A) a candidate of a political party other than the party for which the voter voted a straight ticket; or (B) an independent candidate or declared write-in candidate for the office. If the voter has voted for one (1) individual candidate for the office described in subdivision (2), the individual candidate vote for that office shall be counted, the straight party ticket vote for that office may not be counted, and the straight party ticket votes for other offices on the ballot shall be counted. (c) This subsection applies whenever: (1) a voter has voted a straight party ticket for the candidates of one (1) political party; and (2) the voter has voted for more individual candidates for the office than the number of persons to be elected to that office. The individual candidate votes for that office may not be counted, the straight party ticket vote for that office may not be counted, and the straight party ticket votes for other offices on the ballot shall be counted. (d) This subsection applies whenever: (1) a voter has voted a straight party ticket for the candidates of one (1) political party; (2) more than one (1) person may be elected to an office; and (3) the voter has voted for individual candidates for the office described in subdivision (2) who are: (A) independent candidates or declared write-in candidates; (B) candidates of a political party other than the political party for which the voter cast a straight party ticket under subdivision (1); or (C) a combination of candidates described in clauses (A) and (B). The individual votes cast by the voter for the office for the independent candidates, declared write-in candidates, and the candidates of a political party other than the political party for which the voter cast a straight party ticket shall be counted unless the total number of these individual votes is greater than the number of persons to be elected to the office. The straight party ticket votes for the office shall not be counted. The straight party ticket votes for other offices on the voter's ballot shall be counted. (e) This subsection applies whenever: (1) a voter has voted a straight party ticket for the candidates of one (1) political party; (2) more than one (1) person may be elected to an office; and (3) the voter has voted for individual candidates for the office described in subdivision (2) who are: (A) independent candidates, declared write-in candidates, or candidates of a political party other than the political party for which the voter cast a straight party ticket under subdivision (1); and (B) candidates of the same political party for which the voter cast a straight party ticket under subdivision (1). The individual votes cast by the voter for the office for the independent candidates, the declared write-in candidates, and the candidates of a political party other than the political party for which the voter cast a straight party ticket, and the candidates of the political party for which the voter cast a straight party ticket shall be counted unless the total number of these individual votes is greater than the number of persons to be elected to the office. The straight party ticket votes for the office shall not be counted. The straight party ticket votes for other offices on the voter's ballot shall be counted. (f) If a voter votes a straight party ticket for more than one (1) political party, the whole ballot is void with regard to all candidates nominated by a political party, declared write-in candidates, or candidates designated as independent candidates on the ballot. However, the voter's vote for a school board candidate or on a public question shall be counted if otherwise valid under this chapter. (g) If a voter does not vote a straight party ticket and the number of votes cast by that voter for the candidates for an office are less than or equal to the number of openings for that office, the individual candidates votes shall be counted. (h) If a voter does not vote a straight party ticket and the number of votes cast by that voter for an office exceeds the number of openings for that office, none of the votes concerning that office may be counted. [Pre-1986 Recodification Citation: 3-1-25-18(d).] As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.37; P.L.3-1993, SEC.178; P.L.3-1997, SEC.339; P.L.164-2006, SEC.124; P.L.21-2016, SEC.23.

Ind. Code § 3-12-1-7 Straight party ticket voting; counting multiple votes

Note: This version of section effective 1-1-2027. See also preceding version of this section, effective until 1-1-2027. Sec. 7. (a) This subsection applies whenever a voter: (1) votes a straight party ticket; and (2) votes only for one (1) or more individual candidates who are all of the same political party as the straight ticket vote. Except as provided in subsection (d), the straight ticket vote shall be counted and the individual candidate votes may not be counted. (b) This subsection applies whenever: (1) a voter has voted a straight party ticket for the candidates of one (1) political party; (2) only one (1) person may be elected to an office; and (3) the voter has voted for one (1) individual candidate for the office described in subdivision (2) who is: (A) a candidate of a political party other than the party for which the voter voted a straight ticket; or (B) an independent candidate or declared write-in candidate for the office. If the voter has voted for one (1) individual candidate for the office described in subdivision (2), the individual candidate vote for that office shall be counted, the straight party ticket vote for that office may not be counted, and the straight party ticket votes for other offices on the ballot shall be counted. (c) This subsection applies whenever: (1) a voter has voted a straight party ticket for the candidates of one (1) political party; and (2) the voter has voted for more individual candidates for the office than the number of persons to be elected to that office. The individual candidate votes for that office may not be counted, the straight party ticket vote for that office may not be counted, and the straight party ticket votes for other offices on the ballot shall be counted. (d) This subsection applies whenever: (1) a voter has voted a straight party ticket for the candidates of one (1) political party; (2) more than one (1) person may be elected to an office; and (3) the voter has voted for one (1) or more individual candidates for the office described in subdivision (2) who are: (A) independent candidates or declared write-in candidates; (B) candidates of a political party other than the political party for which the voter cast a straight party ticket under subdivision (1); (C) candidates of the same political party for which the voter cast a straight party ticket under subdivision (1); or (D) a combination of candidates described in clauses (A), (B), and (C). The individual votes cast by the voter for the office shall be counted unless the total number of these individual votes is greater than the number of persons to be elected to the office. The straight party ticket votes for the office shall not be counted. The straight party ticket votes for other offices on the voter's ballot shall be counted. (e) If a voter votes a straight party ticket for more than one (1) political party, the whole ballot is void with regard to all candidates nominated by a political party, declared write-in candidates, or candidates designated as independent candidates on the ballot. However, the voter's vote for a school board candidate or on a public question shall be counted if otherwise valid under this chapter. (f) If a voter does not vote a straight party ticket and the number of votes cast by that voter for the candidates for an office are less than or equal to the number of openings for that office, the individual candidates votes shall be counted. (g) If a voter does not vote a straight party ticket and the number of votes cast by that voter for an office exceeds the number of openings for that office, none of the votes concerning that office may be counted. [Pre-1986 Recodification Citation: 3-1-25-18(d).] As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.37; P.L.3-1993, SEC.178; P.L.3-1997, SEC.339; P.L.164-2006, SEC.124; P.L.21-2016, SEC.23; P.L.99-2026, SEC.13.

Ind. Code § 3-12-1-7.1 Straight party vote for school board candidate

Sec. 7.1. Notwithstanding section 7 of this chapter, a straight party vote does not count for any candidate for a school board office. As added by P.L.195-2025, SEC.15.

Ind. Code § 3-12-1-7.5 Counting write-in votes

Sec. 7.5. (a) If a voter votes for one (1) individual candidate for an office for which only one (1) person may be elected and also writes in the name of another candidate for the same office, neither vote may be counted. (b) If a voter votes for at least one (1) individual candidate for an office for which at least two (2) people may be elected and also writes in the name of at least one (1) candidate, the vote for that office may not be counted unless the number of individual votes cast for the office, when added to the number of write-in votes cast for that office, is less than or equal to the number of seats available for that office. (c) If a voter votes an individual or a straight party vote for a candidate for an office and also writes in the name of the same candidate for the same office, only one (1) vote for that candidate may be counted. As added by P.L.4-1991, SEC.111. Amended by P.L.21-2016, SEC.24.

Ind. Code § 3-12-1-8 Voting mark on political party device circle; individual votes required for certain candidates

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027. Sec. 8. (a) Except as provided in subsection (b), a voting mark made by a voter on or in a circle containing a political party device shall be counted as a vote for each candidate of that political party on that ballot. (b) A voter who wishes to cast a ballot for a candidate for election to a school board office or 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 voting mark on or in a circle containing a political party device 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(e).] As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.38; P.L.3-1987, SEC.333; P.L.21-2016, SEC.25; P.L.278-2019, SEC.138; P.L.195-2025, SEC.16.

Ind. Code § 3-12-1-8 Voting mark on political party device circle; individual votes required for certain candidates

Note: This version of section effective 1-1-2027. See also preceding version of this section, effective until 1-1-2027. Sec. 8. (a) Except as provided in subsection (b), a voting mark made by a voter on or in a circle containing a political party device shall be counted as a vote for each candidate of that political party on that ballot. (b) A voter who wishes to cast a ballot for a candidate for election to a school board office must make a voting mark for each individual candidate for whom the voter wishes to cast a vote. A voting mark on or in a circle containing a political party device shall not be counted as a straight party ticket voting mark as a vote for any candidate for a school board office. [Pre-1986 Recodification Citation: 3-1-25-18(e).] As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.38; P.L.3-1987, SEC.333; P.L.21-2016, SEC.25; P.L.278-2019, SEC.138; P.L.195-2025, SEC.16; P.L.99-2026, SEC.14.

Ind. Code § 3-12-1-9 Counting voting marks; voting marks not counted; certification of voting systems that can detect voting marks

Sec. 9. (a) A voting mark that touches a circle, an oval, or a square shall be counted as if it were on or in the circle, oval, or square. A voting mark that partially connects a connectable arrow shall be counted as if the voting mark completed the connection of the arrow. (b) A voting mark that: (1) does not touch a circle, oval, or square; and (2) is not on or in the circle, oval, or square; may not be counted. (c) For purposes of the certification of voting systems under IC 3-11, a ballot card voting system complies with this section if the system can detect a voting mark within the circle, oval, or square, even if manual inspection of the ballot is required to detect a voting mark that touches only the outside edge of the circle, oval, or square. [Pre-1986 Recodification Citation: 3-1-25-18(f).] As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.39; P.L.3-1987, SEC.334; P.L.219-2013, SEC.63.

Ind. Code § 3-12-1-9.5 Remake of damaged or defective ballot card; conditions

Sec. 9.5. (a) This section applies to counting votes cast on ballot cards. (b) This subsection applies to a ballot card that: (1) has been cast in a precinct whose votes are being recounted by a local recount commission or the state recount commission; (2) is damaged or defective so that it cannot properly be counted by automated tabulating machines; and (3) cannot be counted for the office subject to the recount due to the damage or defect. The ballot card shall be remade only if the conditions in subdivisions (1) through (3) exist. As added by P.L.3-1987, SEC.335. Amended by P.L.58-2005, SEC.26; P.L.221-2005, SEC.100.

Ind. Code § 3-12-1-10 Void ballot

Sec. 10. A ballot on which a voter writes: (1) the voter's name; (2) the voter's initials; (3) a number; or (4) a symbol (such as a star, circle, parallel lines, dots, or any combination of such symbols), if written with the intent to enable a person to determine who cast the ballot; is void. [Pre-1986 Recodification Citations: 3-1-25-18(h); 3-1-28-8 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.336.

Ind. Code § 3-12-1-11 Primary election; application of chapter

Sec. 11. In applying this chapter to a primary election, the voting square includes the voting space at the left of the name of a candidate on the primary ballot. [Pre-1986 Recodification Citation: 3-1-25-18(a) part.] As added by P.L.5-1986, SEC.8.

Ind. Code § 3-12-1-12 Application to votes cast by any method; counting vote made invalid by mistake or inadvertence of election officer

Sec. 12. (a) This section applies to votes cast by any method. (b) Except as provided in section 13 of this chapter, a ballot that has been marked and cast by a voter in compliance with this title but may otherwise not be counted solely as the result of the act or failure to act of an election officer may nevertheless be counted in a proceeding under IC 3-12-6, IC 3-12-8, or IC 3-12-11 unless evidence of fraud, tampering, or misconduct affecting the integrity of the ballot is presented by a party to the proceeding. (c) The act or failure to act by an election officer is not by itself evidence of fraud, tampering, or misconduct affecting the integrity of the ballot. As added by P.L.7-1986, SEC.3. Amended by P.L.3-1987, SEC.337; P.L.8-1992, SEC.29.

Ind. Code § 3-12-1-13 Absentee ballots; necessary endorsements

Sec. 13. (a) This section applies only to absentee ballots. (b) The whole ballot may not be counted unless the ballot is endorsed with the initials of: (1) the two (2) members of the absentee voter board under IC 3-11-4-19, IC 3-11-10-25, IC 3-11-10-26, IC 3-11-10-26.3, or IC 3-11-18.1-11; or (2) the two (2) appointed members of the county election board (or their designated representatives) under IC 3-11-4-19. As added by P.L.3-1987, SEC.338. Amended by P.L.64-2014, SEC.69.

Ind. Code § 3-12-1-14 Counting of vote cast for candidate who ceases to be candidate

Sec. 14. (a) This section does not apply to a vote: (1) cast for president or vice president of the United States under IC 3-10-4-6; or (2) described by section 15 of this chapter. (b) A vote cast for a candidate who ceases to be a candidate may not be counted as a vote for a successor candidate selected under IC 3-13-1 or IC 3-13-2. As added by P.L.5-1989, SEC.63.

Ind. Code § 3-12-1-15 Counting straight party vote for successor candidate; exceptions

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027. Sec. 15. (a) This section does not apply to a candidate for a school board office or an at-large office of a county council, city common council, town council, or township board, if those offices appear on a ballot. (b) This section applies to a vote cast for one (1) straight party ticket that includes a candidate for election to office who: (1) ceases to be a candidate; and (2) is succeeded by a candidate selected under IC 3-13-1 or IC 3-13-2. (c) A vote cast in the election for the original nominee is considered a vote cast for the successor. As added by P.L.5-1989, SEC.64. Amended by P.L.74-2017, SEC.57; P.L.195-2025, SEC.17.

Ind. Code § 3-12-1-15 Counting straight party vote for successor candidate; exceptions

Note: This version of section effective 1-1-2027. See also preceding version of this section, effective until 1-1-2027. Sec. 15. (a) This section does not apply to a candidate for a school board office, if a school board office appears on a ballot. (b) This section applies to a vote cast for one (1) straight party ticket that includes a candidate for election to office who: (1) ceases to be a candidate; and (2) is succeeded by a candidate selected under IC 3-13-1 or IC 3-13-2. (c) A vote cast in the election for the original nominee is considered a vote cast for the successor. As added by P.L.5-1989, SEC.64. Amended by P.L.74-2017, SEC.57; P.L.195-2025, SEC.17; P.L.99-2026, SEC.15.

Ind. Code § 3-12-1-16 Vote cast for former candidate

Sec. 16. (a) This section applies when: (1) a ballot is reprinted under IC 3-11-3-29.5(d) to omit the name of a former candidate; and (2) the candidate vacancy is filled following the reprinting of the ballots. (b) A vote cast on the ballot where the statement "NO CANDIDATE" or words indicating that there was a former candidate appears is considered a vote cast for the successor candidate. As added by P.L.38-1999, SEC.57. Amended by P.L.219-2013, SEC.64; P.L.227-2023, SEC.118.

Ind. Code § 3-12-1-17 Absentee ballot received from overseas voter by mail; arrival time; when to count

Sec. 17. (a) This section applies only to an absentee ballot sent by mail. (b) Notwithstanding IC 3-11.5-4-7, an absentee ballot received from an overseas voter is not considered as arriving too late if both of the following apply: (1) The absentee ballot envelope is postmarked not later than the date of the election. (2) The absentee ballot is received not later than noon ten (10) days following the election. (c) If the postmark on the absentee ballot envelope is unclear, the county election board, by unanimous vote of the entire membership of the board, determines the postmark date. If the board is unable to determine the postmark date, the absentee ballot may not be counted. As added by P.L.164-2006, SEC.125. Amended by P.L.64-2014, SEC.70; P.L.76-2014, SEC.54; P.L.278-2019, SEC.139.

Ind. Code § 3-12-1-18 Federal write-in absentee ballot cast in primary election by absent uniformed services voter or overseas voter; voter actions that void ballot

Sec. 18. (a) This section applies to a federal write-in absentee ballot cast in a primary election as provided in IC 3-11-4-12.5(b)(1) by an absent uniformed services voter or overseas voter. (b) If a voter does any of the following, the voter's vote is void: (1) The voter votes for more than one (1) candidate, and the candidates are not on the official primary ballot of the same political party. (2) The voter votes for a candidate who is not on the official primary ballot of any political party. (3) The voter votes for a candidate who is on the official primary ballot of a political party, but the voter does not indicate the office for which the candidate seeks to be nominated. (c) If the voter votes for a political party, but the voter does not vote for any individual candidates who are on that political party's official primary ballot, the voter's vote is void. (d) If there is a discrepancy between political party primary ballot choice between the federal write-in absentee ballot described in subsection (a) and the federal post card application, the federal post card application supersedes the federal write-in absentee ballot. As added by P.L.66-2010, SEC.28. Amended by P.L.227-2023, SEC.119.

Ind. Code § 3-12-1-19 Federal write-in absentee ballot cast in general, municipal, or special election by absent uniformed services voter or overseas voter; counting votes

Sec. 19. (a) The provisions of section 1.7 of this chapter concerning write-in votes apply to this section. This section applies to a federal write-in absentee ballot cast in a general election, municipal election, or special election as provided in IC 3-11-4-12.5(b)(2) by an absent uniformed services voter or overseas voter. (b) If a voter designates a candidate by writing in the name of a political party on the ballot, the voter's vote shall be counted for all candidates of that political party on the ballot. (c) If a voter writes an abbreviation, misspelling, or other minor variation instead of the correct name of a candidate or a political party, the voter's vote shall be counted if the intent of the voter can be determined. (d) If a voter votes for a candidate on a ballot described by this section, but does not indicate the office for which the candidate has been nominated, the voter's vote for that candidate is void. As added by P.L.66-2010, SEC.29. Amended by P.L.278-2019, SEC.140; P.L.193-2021, SEC.83.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/3Fetched: 10/17/2026

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