Ind. Code ch. 3-10-4

in effect

Ind. Code § 3-10-4-1 Names on ballot

Sec. 1. (a) The names of the candidates of: (1) a political party; (2) a group of petitioners under IC 3-8-6; or (3) a write-in candidate for the office of President or Vice President of the United States under IC 3-8-2-2.5; for presidential electors and alternate presidential electors may not be placed on the ballot. (b) The names of the nominees for President and Vice President of the United States of each political party or group of petitioners shall be placed: (1) in one (1) column on the ballot if paper ballots are used; (2) either: (A) grouped together on a separate screen; or (B) grouped together below the names of the offices as specified in IC 3-11-14-3.5; if an electronic voting system is used; or (3) grouped together below the names of the offices as specified in IC 3-11-13-11 if a ballot card is used. (c) The ballot must permit a voter to cast a ballot for a write-in candidate for the office of President or Vice President of the United States in the manner provided under IC 3-11-2-6. [Pre-1986 Recodification Citation: 3-1-12-2.] As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.171; P.L.10-1992, SEC.16; P.L.58-2005, SEC.9; P.L.230-2005, SEC.41; P.L.1-2006, SEC.4; P.L.201-2017, SEC.12.

Ind. Code § 3-10-4-1.5 Presidential elector nominees; alternate presidential elector nominees; designation; winning candidates

Sec. 1.5. For each presidential elector position in Indiana: (1) a political party; (2) a group of petitioners under IC 3-8-6; or (3) a write-in candidate for the office of President or Vice President of the United States under IC 3-8-2-2.5; must submit the names of two (2) qualified individuals. One (1) of the individuals must be designated "presidential elector nominee" and the other individual "alternate presidential elector nominee". Except as otherwise provided in this chapter, Indiana's presidential electors and alternate presidential electors whose ticket receives the most votes at the general election in Indiana are the winning presidential elector and alternate presidential elector nominees under this title. As added by P.L.201-2017, SEC.13.

Ind. Code § 3-10-4-1.7 Pledge of elector nominees; pledges must accompany certification; effect of death or withdrawal of nominee for President or Vice President

Sec. 1.7. (a) Each presidential elector nominee and each alternate presidential elector nominee of a political party shall execute the following pledge: "If selected for the office of presidential elector, I agree to serve and to mark my ballots for President and Vice President for the nominees for those offices of the party that nominated me.". (b) Each presidential elector nominee and each alternate presidential elector nominee of a candidate not affiliated with a political party shall execute the following pledge: "If selected for the office of elector for a presidential candidate not affiliated with a political party, I agree to serve and to mark my ballots for that candidate and for that candidate's vice-presidential running mate.". (c) The executed pledges must accompany the certification of the names of the presidential electors and alternate presidential electors. (d) If a candidate for President or Vice President nominated by a political party dies or withdraws as a candidate for that office in accordance with the rules of the political party: (1) after the candidate's nomination; and (2) not later than the meeting of Indiana's presidential electors and alternate electors under section 7 of this chapter; the pledge under subsection (a) refers to the successor candidate for that office nominated by the political party in accordance with the party's rules. As added by P.L.201-2017, SEC.14.

Ind. Code § 3-10-4-2 Paper ballots; listing of political party and other information

Sec. 2. (a) This section applies when paper ballots are used. (b) A single square shall be printed in front of a bracket enclosing the names of the nominees for President and Vice President of the United States on the left margin of each separate column of the ballot, immediately opposite the names of the nominees. (c) The device named and list of nominees of the political party whose nominee received the highest number of votes in that county for secretary of state at the last election shall be placed in the first column on the left side of the ballot. The political party whose nominee received the second highest number of votes in that county for secretary of state at the last election shall be placed in the second column. Other political parties shall be placed on the ballot in the same order. (d) If a political party or an independent ticket did not have a candidate for secretary of state in the last election, the party or ticket shall be placed on the ballot after the parties described in subsection (c). If more than one (1) political party or independent ticket that has qualified to be on the ballot did not have a candidate for secretary of state in the last election, each party or independent ticket shall be listed on the ballot in the order in which the party or independent ticket filed a petition of nomination under IC 3-8-6-12. [Pre-1986 Recodification Citation: 3-1-12-3 part.] As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.172; P.L.3-1993, SEC.96; P.L.58-2005, SEC.10.

Ind. Code § 3-10-4-2.1 Optical scan ballot card; listing of nominees for President and Vice President of the United States

Sec. 2.1. (a) This section applies when an optical scan ballot card is used. (b) The names of the nominees for President and Vice President of the United States for each political party or group of petitioners grouped as described in section 1(b)(3) of this chapter must be: (1) listed together so that a voter is aware that the voter votes for both offices with a single vote; and (2) printed behind or beside a single connectable arrow, oval, circle, or square. (c) The nominees for President and Vice President of the United States must be grouped under the names of the offices in the order established by IC 3-11-13-11. As added by P.L.58-2005, SEC.11. Amended by P.L.10-2019, SEC.4.

Ind. Code § 3-10-4-2.2 Electronic voting system; listing of nominees for President and Vice President of the United States

Sec. 2.2. (a) This section applies when an electronic voting system is used. (b) The names of the nominees for President and Vice President of the United States for each political party or group of petitioners grouped as described in section 1(b)(3) of this chapter must be: (1) listed together so that a voter is aware that the voter votes for both offices with a single vote; and (2) behind or beside a single touch sensitive point or button place. (c) The nominees for President and Vice President of the United States must be grouped under the names of the offices in the order established by IC 3-11-14-3.5. As added by P.L.58-2005, SEC.12.

Ind. Code § 3-10-4-3 Ballots or voting machine labels

Sec. 3. The device, title, and names of nominees appearing on a ballot or ballot label shall be accompanied by a statement that a ballot cast for the named candidates for President and Vice President of the United States is considered a ballot cast for the slate of presidential electors and alternate presidential electors nominated by that political party or independent candidate. [Pre-1986 Recodification Citation: 3-1-12-3 part.] As added by P.L.5-1986, SEC.6. Amended by P.L.3-1995, SEC.86; P.L.201-2017, SEC.15.

Ind. Code § 3-10-4-4 Votes for nominees and write-in candidates; treatment

Sec. 4. Each vote cast or registered: (1) for the nominees for President and Vice President of the United States of: (A) a political party; or (B) a group of petitioners; or (2) for a write-in candidate for President or Vice President of the United States; is a vote cast or registered for all of the candidates for presidential electors and alternate presidential electors of the party, group, or write-in candidate and shall be so counted. These votes shall be counted, canvassed, and certified in the same manner as the votes for candidates for other offices. [Pre-1986 Recodification Citation: 3-1-12-4.] As added by P.L.5-1986, SEC.6. Amended by P.L.10-1992, SEC.17; P.L.1-2010, SEC.3; P.L.201-2017, SEC.16.

Ind. Code § 3-10-4-5 Certification of nominees and electors

Sec. 5. (a) This subsection applies to a major political party and to a political party subject to IC 3-8-4-10. The state chairman of each political party shall certify to the election division the names of the nominees of the party for President and Vice President of the United States and the state of which each nominee is a resident. (b) If candidates for presidential electors and alternate presidential electors are nominated by petitioners instead of by a convention of a major political party or a party subject to IC 3-8-4-10, the petitioners shall certify with the list of names of the presidential electors the following: (1) The names of their nominees for President and Vice President of the United States. (2) The state of which each nominee is a resident. (3) The name of the political party of the nominees, or that the nominees are an independent ticket. (c) This subsection applies to a political party described in subsection (a) and to candidates nominated by petitioners under subsection (b). The names of: (1) all candidates for: (A) presidential electors; and (B) alternate presidential electors; and (2) all nominees for President and Vice President of the United States; shall be certified to the election division not later than noon September 1 before the general election. The election division shall certify to each county election board not later than noon on the next following Thursday in September before the general election the names of the nominees for President and Vice President of the United States certified to the election division under this subsection. (d) The names of all candidates for presidential electors and alternate presidential electors for a write-in candidate shall be included on the declaration for candidacy filed by a write-in candidate for the office of President or Vice President of the United States filed under IC 3-8-2. [Pre-1986 Recodification Citation: 3-1-12-5 part.] As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.173; P.L.5-1989, SEC.41; P.L.10-1992, SEC.18; P.L.3-1993, SEC.97; P.L.3-1997, SEC.223; P.L.66-2003, SEC.32; P.L.14-2004, SEC.80; P.L.201-2017, SEC.17; P.L.240-2025, SEC.21.

Ind. Code § 3-10-4-6 Cessation of candidacy

Sec. 6. (a) If a nominee for President or Vice President of the United States ceases to be a candidate before the nominee's ticket is officially certified, then that fact and the name and the state of residence of the nominee's successor, if any, shall be certified in the same manner as the original nominee and the successor's name shall be printed upon all ballots. (b) If a nominee for President or Vice President of the United States ceases to be a candidate after the nominee's ticket has been officially certified, then that fact and the name and state of residence of the nominee's successor, if any, shall be certified in the same manner as the original nominee. However, the ballots must reflect the original nominee's name, and any vote cast in the election for the original nominee shall be considered a vote for the successor. [Pre-1986 Recodification Citation: 3-1-12-5 part.] As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.174.

Ind. Code § 3-10-4-6.5 Indiana's certificate of ascertainment; contents; security features

Sec. 6.5. (a) In submitting Indiana's certificate of ascertainment as required by 3 U.S.C. 6, the governor shall certify Indiana's presidential electors and state in the certificate the following: (1) That the presidential electors will serve as presidential electors unless a vacancy occurs in the office of presidential elector before the end of the meeting at which votes are cast, in which case an alternate presidential elector will fill the vacancy as a presidential elector. (2) If an alternate presidential elector is appointed to fill a vacancy, the governor will submit an amended certificate of ascertainment stating the names on the final list of Indiana's presidential electors. (b) The certificate must: (1) bear the seal of the state of Indiana; and (2) contain at least one (1) security feature, as determined by the secretary of state, for purposes of verifying the authenticity of the certificate. (c) A security feature determined under subsection (b) is confidential. As added by P.L.201-2017, SEC.18. Amended by P.L.141-2023, SEC.11.

Ind. Code § 3-10-4-7 Assembly of presidential electors and alternate presidential electors; delivery of duplicate original certificates of ascertainment

Sec. 7. (a) The presidential electors and alternate presidential electors who are elected at a general election shall assemble in the chamber of the Indiana house of representatives on the first Tuesday after the second Wednesday in December as provided by 3 U.S.C. 7, or on another day fixed by the Congress of the United States, at 10 a.m. to elect the President and Vice President of the United States. (b) The secretary of state, or an individual designated by the secretary, shall preside at this meeting. The election division shall assist the secretary in conducting the election and in certifying and transmitting the results in accordance with federal law. (c) As provided by 3 U.S.C. 6, the governor shall deliver to the presidential electors present six (6) duplicate originals of the certificate of ascertainment of appointment of the presidential electors mailed to the Archivist of the United States. [Pre-1986 Recodification Citation: 3-1-12-6 part.] As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.175; P.L.10-1992, SEC.19; P.L.3-1997, SEC.224; P.L.201-2017, SEC.19; P.L.141-2023, SEC.12.

Ind. Code § 3-10-4-8 Filling of vacancy

Sec. 8. (a) This section applies if a presidential elector: (1) files the presidential elector's resignation with the governor under IC 5-8-3.5; (2) dies or is otherwise disqualified from holding office, and the presidential elector's death or disqualification is certified to the governor by the state chairman of the political party of the presidential elector; (3) fails to appear before 11 a.m. on the day prescribed by section 7 of this chapter; or (4) vacates the presidential elector's office as described in section 9(d) of this chapter. (b) If the presidential elector's alternate presidential elector is present to vote, the alternate presidential elector shall fill the vacancy. If the alternate presidential elector is not present, the presidential electors present shall, by paper ballot and a majority vote of all those present, immediately fill the vacancy upon proof of the resignation or certification being provided to the presidential electors, or at 11 a.m., whichever occurs first. The presidential electors must fill the vacancy as follows: (1) If the alternate presidential elector for the vacant office is not present to vote, by choosing a presidential elector from among the alternate presidential electors present. (2) If the number of alternate presidential electors present is insufficient to fill any vacant position under subdivision (1), by electing any immediately available individual who is qualified to serve as a presidential elector. (c) To qualify as an alternate presidential elector under subsection (b), an individual who has not executed the pledge required under section 1.7 of this chapter must execute the following pledge: "I agree to serve and to mark my ballots for President and Vice President consistent with the pledge of the individual to whose presidential elector position I have succeeded.". (d) The election shall immediately be certified by a majority of the presidential electors to the governor, who shall immediately notify the individual of the individual's election by presenting the individual with a commission issued under IC 4-3-1-5. [Pre-1986 Recodification Citation: 3-1-12-6 part.] As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.176; P.L.3-1993, SEC.98; P.L.3-1997, SEC.225; P.L.201-2017, SEC.20.

Ind. Code § 3-10-4-9 Voting procedure; marking ballots; examination of ballots by secretary of state; consistency of ballots with pledge; vacating office of elector; counting and recording ballots

Sec. 9. (a) The presidential electors, when assembled and after vacancies are filled, shall then vote by paper ballot for President and Vice President of the United States and perform the duties imposed upon them by the Constitution and statutes of the United States and of Indiana. (b) Each presidential elector shall mark the presidential elector's presidential and vice-presidential ballots with the presidential elector's votes for the offices of President and Vice President, respectively, along with the presidential elector's signature and the presidential elector's legibly printed name. (c) Except as otherwise provided by Indiana law other than this chapter, each presidential elector shall present both completed ballots to the secretary of state, who shall examine the ballots and accept as cast all ballots of presidential electors whose votes are consistent with the presidential electors' pledges executed under section 1.7 or 8(c) of this chapter. Except as otherwise provided by Indiana law other than this chapter, the secretary of state may not accept and may not count either a presidential elector's presidential or vice-presidential ballot if the presidential elector has not marked both ballots or has marked a ballot in violation of the presidential elector's pledge. (d) A presidential elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the presidential elector's pledge executed under section 1.7 or 8(c) of this chapter, vacates the office of presidential elector. The vacant presidential elector office shall be filled as provided in section 8 of this chapter. (e) The secretary of state shall distribute ballots to and collect ballots from an alternate presidential elector and repeat the process under this section of examining ballots, declaring vacant offices as required, and recording appropriately completed ballots from the alternate presidential electors, until all of Indiana's electoral votes have been cast and recorded. [Pre-1986 Recodification Citation: 3-1-12-7.] As added by P.L.5-1986, SEC.6. Amended by P.L.3-1987, SEC.177; P.L.201-2017, SEC.21.

Ind. Code § 3-10-4-10 Repealed

[Pre-1986 Recodification Citation: 3-1-12-8.] As added by P.L.5-1986, SEC.6. Repealed by P.L.7-1986, SEC.20.

Ind. Code § 3-10-4-11 Amended certificate of ascertainment; transmittal to governor; substitution of amended certificate for original certificate; certificate of vote; transmittal of documents under federal law

Sec. 11. (a) After the vote of Indiana's presidential electors is completed, if the final list of presidential electors differs from any list that the governor previously included on a certificate of ascertainment prepared and transmitted under 3 U.S.C. 6, the secretary of state immediately shall prepare an amended certificate of ascertainment and transmit it to the governor for the governor's signature. (b) The governor immediately shall deliver the signed amended certificate of ascertainment to the secretary of state and a signed duplicate original of the amended certificate of ascertainment to all individuals entitled to receive Indiana's certificate of ascertainment, indicating that the amended certificate of ascertainment is to be substituted for the previously submitted certificate of ascertainment. (c) The secretary of state shall prepare a certificate of vote. The presidential electors listed on the final certificate of ascertainment shall sign the certificate of vote. The secretary of state shall process and transmit the signed certificate of vote with the amended certificate of ascertainment under 3 U.S.C. 9, 3 U.S.C. 10, and 3 U.S.C. 11. As added by P.L.201-2017, SEC.22.

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