Ind. Code ch. 3-12-4

in effect

Ind. Code § 3-12-4-1 Members of county election board to canvass votes in county

Sec. 1. The members of each county election board shall canvass the votes cast in the county. [Pre-1986 Recodification Citation: 3-1-25-8 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.187.

Ind. Code § 3-12-4-2 Repealed

[Pre-1986 Recodification Citation: 3-1-25-9.] As added by P.L.5-1986, SEC.8. Repealed by P.L.3-1993, SEC.282.

Ind. Code § 3-12-4-3 Compensation of members of county election board

Sec. 3. The members of a county election board shall be compensated for their services as canvassers in an amount to be fixed by the county executive. [Pre-1986 Recodification Citation: 3-1-25-10 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.188.

Ind. Code § 3-12-4-4 Employment of clerical assistants and write-in teams; nonpartisan student assistants

Sec. 4. (a) Each county election board may employ clerical assistants if necessary for the proper canvassing and tabulating of the vote. However, except as provided in subsection (d), not more than one-half (1/2) of the assistants employed by the board may be members of the same political party. (b) The county election board shall appoint the number of two (2) member write-in teams that are necessary to examine and count write-in votes cast on ballot card voting systems on election night. The county chairmen of the two (2) major political parties of a county shall each designate one (1) member of each write-in team. The write-in teams are considered employees of the county canvassing board and must meet the qualifications of canvassing board employees. (c) Except as provided in subsection (d), a county election board may not employ a person to assist with canvassing unless the person would be eligible to serve as a precinct election officer under IC 3-6-6-7. (d) The county election board may, by unanimous vote of the entire membership of the board, employ a student to assist the board under this section if the student is: (1) enrolled at a postsecondary educational institution (including a community college); and (2) a registered voter of the county. A student appointed under this subsection must serve the board in a nonpartisan manner. [Pre-1986 Recodification Citation: 3-1-25-10 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.4-1991, SEC.113; P.L.1-1992, SEC.5; P.L.3-1993, SEC.189; P.L.209-2003, SEC.185; P.L.2-2007, SEC.16.

Ind. Code § 3-12-4-5 Compensation of clerical assistants

Sec. 5. A county election board shall pay an assistant hired under section 4 of this chapter a reasonable rate of compensation for the assistant's services. [Pre-1986 Recodification Citation: 3-1-25-10 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.357; P.L.3-1993, SEC.190.

Ind. Code § 3-12-4-5.5 Chapter establishes standards to define vote

Sec. 5.5. 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, an optical scan voting system, or an electronic voting system by a county election board. As added by P.L.209-2003, SEC.186. Amended by P.L.128-2015, SEC.212.

Ind. Code § 3-12-4-6 Canvass of certificates, poll lists, and tally papers returned by inspectors; providing room in courthouse

Sec. 6. (a) At 6 p.m. on each election day, the county election board shall assemble in a room to canvass the certificates, poll lists, and tally papers returned by each inspector in the county and to declare the results of the election as provided in this chapter. (b) The canvassing must be performed in public under IC 5-14-1.5. However, the board may restrict access to parts of the room where election material is being handled or transported to safeguard the material. (c) Except as provided in section 7 of this chapter, the county executive shall provide a room in the courthouse that contains adequate space to permit members of the public to witness the canvassing of votes. [Pre-1986 Recodification Citation: 3-1-25-8 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.191.

Ind. Code § 3-12-4-6.3 Entering of unofficial election results into computerized list beginning on election night

Sec. 6.3. (a) Beginning at 8 p.m. prevailing local time on election day, and at least once every one hundred twenty (120) minutes until midnight prevailing local time, the county election board shall enter unofficial results for offices elected by all voters of the state and for legislative offices canvassed by the county election board under this chapter into the computerized list as those unofficial results are tabulated. (b) The county: (1) may continue entering unofficial results after midnight; and (2) shall resume entry of any remaining unofficial results beginning at 9 a.m. prevailing local time on the day after election day and continue entering these results at least once every sixty (60) minutes until the entry of unofficial results is completed. As added by P.L.193-2021, SEC.93.

Ind. Code § 3-12-4-6.5 Required use of a universal serial bus (USB) drive containing anti-malware protection features or other approved data storage transfer methods to upload unofficial election results

Sec. 6.5. (a) This section applies to a county that uploads unofficial precinct level results from a direct record electronic voting system to the computerized list before the county certifies the official results of the election under IC 3-12-5. (b) The county must use a universal serial bus (USB) drive that contains anti-malware protection features approved by VSTOP or another data storage transfer method approved by VSTOP. As added by P.L.135-2020, SEC.10.

Ind. Code § 3-12-4-7 Counties over 300,000; providing of assembly room

Sec. 7. In each county having a population of more than three hundred thousand (300,000), the county executive shall, upon the written request and order of the judge of the circuit court of the county and at least ten (10) days before the election, provide a suitable assembly room for the county election board other than a room in the courthouse. [Pre-1986 Recodification Citation: 3-1-25-8 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.12-1992, SEC.12; P.L.3-1993, SEC.192.

Ind. Code § 3-12-4-8 Examination and comparison of certificates, poll lists, and tally sheets; aggregating and tabulating vote for county and political subdivision

Sec. 8. The county election board shall: (1) carefully examine and compare the certificates, poll lists, and tally sheets; and (2) aggregate and tabulate from the papers entrusted to it the vote for the county and each political subdivision, as appropriate. [Pre-1986 Recodification Citations: 3-1-18-3 part; 3-1-25-11 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.193.

Ind. Code § 3-12-4-9 Declaration of candidate with highest vote count; tabulation of votes for public question; certification of results

Sec. 9. (a) This subsection applies to: (1) a local or school board office with an election district located entirely within one (1) county, except for an office for which a declaration of candidacy is filed with the election division under IC 3-8-2; and (2) a political party office, such as precinct committeeman or state convention delegate, elected at a primary election. After the county election board has tabulated the vote, the board shall declare the candidate receiving the highest number of votes for each office to be elected. (b) The county election board shall tabulate the votes cast for and against each local public question placed on the ballot by the county election board under IC 3-10-9-2 and, if the local public question is placed on the ballot only in that county, declare the public question approved or rejected. (c) The county election board shall tabulate the votes cast for and against each public question voted on by the electorate of the whole state. (d) The board shall certify the election results in a statement prepared by the circuit court clerk. [Pre-1986 Recodification Citation: 3-1-18-3 part; 3-1-25-12.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.358; P.L.10-1988, SEC.128; P.L.10-1992, SEC.24; P.L.3-1993, SEC.194; P.L.3-1997, SEC.342.

Ind. Code § 3-12-4-10 Statement prepared by circuit court clerk; contents; copy for candidate

Sec. 10. (a) The statement prepared under section 9 of this chapter must contain: (1) the name of each candidate; (2) the elected offices; (3) the total number of votes received by each candidate; (4) the total number of votes received by each candidate and cast for and against each public question in each precinct; and (5) the total number of votes cast at the election. (b) Notwithstanding IC 33-37-5-1, upon request by a candidate, the circuit court clerk shall prepare a copy of the statement for the candidate at a fee not to exceed twenty-five cents ($0.25) per page. [Pre-1986 Recodification Citation: 3-1-25-11 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.7-1990, SEC.50; P.L.8-1992, SEC.30; P.L.98-2004, SEC.38.

Ind. Code § 3-12-4-11 Statement prepared by circuit court clerk; signature of county election board

Sec. 11. Each member of the county election board shall sign the statement prepared by the circuit court clerk under section 9 of this chapter. [Pre-1986 Recodification Citation: 3-1-25-11 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.195.

Ind. Code § 3-12-4-12 Statement prepared by circuit court clerk; copies to county chairman of each political party upon request

Sec. 12. After the county election board certifies the election results under section 9 of this chapter, the circuit court clerk shall furnish, upon request, to the county chairman of each political party a copy of the statement. [Pre-1986 Recodification Citation: 3-1-25-11 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.196; P.L.3-1995, SEC.127; P.L.221-2005, SEC.103; P.L.76-2014, SEC.56.

Ind. Code § 3-12-4-13 Delivery of canvass sheets, certificates, poll lists, and tally papers to circuit court clerk

Sec. 13. After the county election board has tabulated the vote: (1) the canvass sheets used by the board; and (2) the certificates, poll lists, and tally papers returned by each inspector in the county; shall be delivered to the circuit court clerk. The clerk shall file and preserve all the material in the clerk's office as provided in IC 3-10-1-31.1. [Pre-1986 Recodification Citations: 3-1-5-12 part; 3-1-18-3 part; 3-1-25-11 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.197; P.L.199-2001, SEC.26; P.L.14-2004, SEC.159; P.L.193-2021, SEC.94.

Ind. Code § 3-12-4-14 Tie votes

Sec. 14. If two (2) or more candidates receive the highest and an equal number of votes for a local office, the county election board shall: (1) declare that no person is elected to fill the office; and (2) certify the tie vote in the statement prepared by the circuit court clerk under section 9 of this chapter. [Pre-1986 Recodification Citation: 3-1-25-13.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.198.

Ind. Code § 3-12-4-15 Conditions prohibiting rejection of certificates, poll lists, or tally papers; return from precinct election board

Sec. 15. A county election board may not reject the certificates, poll lists, or tally papers returned from a precinct election board: (1) for lack of form or for not being strictly in accordance with the directions contained in this title if the certificates can be satisfactorily understood; or (2) if the returns are certified by the precinct election board as required by IC 3-12-2-6, IC 3-12-3-2, and IC 3-12-3.5-6 and returned by the inspector or one (1) of the judges of the board. [Pre-1986 Recodification Citation: 3-1-25-14.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.359; P.L.3-1993, SEC.199; P.L.221-2005, SEC.104.

Ind. Code § 3-12-4-16 Repealed

[Pre-1986 Recodification Citation: 3-1-25-15 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.200; P.L.84-2016, SEC.10. Repealed by P.L.193-2021, SEC.95.

Ind. Code § 3-12-4-17 Repealed

[Pre-1986 Recodification Citation: 3-1-25-15 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.201; P.L.84-2016, SEC.11. Repealed by P.L.193-2021, SEC.96.

Ind. Code § 3-12-4-18 Electronic voting systems; inspection of registering counter or other recording device; filing notice of order with secretary of state; time

Sec. 18. If electronic voting systems are used in a precinct, the county election board may, upon the adoption of an order by unanimous vote of the entire membership of the board, inspect the registering counter or other recording device on any electronic voting system showing the number of votes cast for any candidate or public question. The board may conduct an inspection, after filing notice of the order authorizing the inspection with the secretary of state, either before the board proceeds to count and tabulate the vote or within one (1) day after the count and tabulation are finished. [Pre-1986 Recodification Citation: 3-1-25-19 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.360; P.L.3-1993, SEC.202; P.L.221-2005, SEC.105; P.L.194-2013, SEC.76.

Ind. Code § 3-12-4-19 Electronic voting systems; place of inspection; presence of accredited representative of each major political party

Sec. 19. To inspect an electronic voting system under section 18 of this chapter, the county election board may proceed to any place in the county where the system is located, kept, or stored. However, the board shall make the inspection in the presence of an accredited representative of each of the major political parties of the county. [Pre-1986 Recodification Citation: 3-1-25-19 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.361; P.L.3-1993, SEC.203; P.L.221-2005, SEC.106.

Ind. Code § 3-12-4-20 Electronic voting systems; comparison of number of votes registered on counter with returns made by precinct election board

Sec. 20. When making an inspection under section 18 of this chapter, a county election board shall compare the number of votes registered on the counter or other recording device on the electronic voting systems with the returns made by the precinct election board of the precinct in which the electronic voting system was used. [Pre-1986 Recodification Citation: 3-1-25-19 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.362; P.L.3-1993, SEC.204; P.L.221-2005, SEC.107.

Ind. Code § 3-12-4-21 Electronic voting systems; discrepancy between number of votes registered and returns made by precinct election board; correction

Sec. 21. If there is a discrepancy between the number of votes registered on an electronic voting system and the returns made by the precinct election board, the county election board shall correct the returns made by the precinct election board so that the returns conform to the vote registered on the electronic voting system. The corrected returns shall be considered the true and correct returns of the number of votes cast for each candidate or on each public question in the precinct. [Pre-1986 Recodification Citation: 3-1-25-19 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.363; P.L.3-1993, SEC.205; P.L.221-2005, SEC.108.

Ind. Code § 3-12-4-22 Contested election or nomination; recount; corrected returns as prima facie evidence of vote

Sec. 22. If a nomination or election is contested or a recount is conducted, the returns of each precinct election board, as corrected by the county election board under section 21 of this chapter, constitute prima facie evidence of the vote cast for each candidate and on each public question to the same extent as the tabulation and return of the vote in a precinct where electronic voting systems are not used. [Pre-1986 Recodification Citation: 3-1-25-19 part.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1987, SEC.364; P.L.10-1988, SEC.129; P.L.3-1993, SEC.206; P.L.221-2005, SEC.109.

Ind. Code § 3-12-4-23 Tally papers

Sec. 23. The county election board shall have tally papers printed for use in tabulating the vote at each election held under its jurisdiction. The tally papers must: (1) contain the name of each office and candidate to be voted for at an election; (2) provide for tallying the votes on each public question submitted to the voters; and (3) list political parties and candidates in the same order on the tally sheet as listed on the ballot printed by the county election board under IC 3-11-2-6. [Pre-1986 Recodification Citation: 3-1-25-20.] As added by P.L.5-1986, SEC.8. Amended by P.L.3-1993, SEC.207; P.L.3-1997, SEC.343.

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