Ind. Code ch. 3-11.7-7

in effect

Ind. Code § 3-11.7-7-1 Application of chapter

Sec. 1. This chapter applies to any order described by 52 U.S.C. 21082(c) to extend the hour for the closing of the polls fixed by IC 3-11-8-8. As added by P.L.278-2019, SEC.136.

Ind. Code § 3-11.7-7-2 Only county election board has standing in action for seeking order to extend closing of polls; unanimous vote

Sec. 2. (a) Only a county election board has standing in an Indiana court or with any other state governmental entity to file an action or petition to request the extension of the hour for closing the polls by the court or entity. (b) The county election board may only file an action or petition under this section upon the unanimous vote of the entire membership of the board. As added by P.L.278-2019, SEC.136.

Ind. Code § 3-11.7-7-3 Issuance of order to extend closing of polls; evidence and findings required

Sec. 3. (a) Before issuing an order under this chapter, the court or entity must take evidence and make the following findings: (1) The polls were substantially delayed in opening at the time fixed by IC 3-11-8-8. (2) The specific precincts or vote centers in which substantial delays occurred. (3) If a poll closed at any time during the hours specified by IC 3-11-8-8, how long the polls were closed and in which precincts and vote centers the closing occurred. (4) Substantial evidence exists that voters were prevented from casting a ballot due to a delay or closure of the polls during the hours specified by IC 3-11-8-8. (5) The actual harm determined can only be ameliorated by the extension of polling hours. (6) The county election board filed written notice with the secretary of state and the election division indicating that the county election board: (A) filed the action or petition with the court to extend hours; and (B) received confirmation from the court of the receipt of the filings. (b) If the court is unable to make the applicable findings regarding a delay in opening or a subsequent closure of the polls described in subsection (a), the court shall not issue an order extending the polling hours specified under IC 3-11-8-8. As added by P.L.278-2019, SEC.136. Amended by P.L.141-2020, SEC.15.

Ind. Code § 3-11.7-7-4 Order to extend closing of polls; limitations

Sec. 4. If the court or state governmental entity determines that an order extending the hour for the closing of the polls is to be issued, the court or entity must: (1) limit the extension only to those polls whose opening was delayed or which closed during the hours set forth in IC 3-11-8-8; and (2) extend the hours for the polls at the precinct or vote center for a period of time not more than the time that the polls were closed during the hours set forth in IC 3-11-8-8. As added by P.L.278-2019, SEC.136.

Ind. Code § 3-11.7-7-5 Appeal of denial of order to Indiana supreme court

Sec. 5. (a) The county election board may appeal any denial of an order extending the hour for closing the polls issued under this section to the Indiana supreme court under the same terms, conditions, and standards that govern appeals in ordinary civil actions affecting substantial public questions. (b) An assignment of errors that the court or state governmental entity's final action is contrary to law is sufficient to present both: (1) the sufficiency of the facts found to sustain the court or state governmental entity's action; and (2) the sufficiency of the evidence to sustain the findings of fact upon which the court or state governmental entity's action was rendered. As added by P.L.278-2019, SEC.136.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/3Fetched: 10/17/2026