Ind. Code ch. 3-5-5

Ind. Code ch. 3-5-5
in effect

Ind. Code § 3-5-5-0.2 Amendments to definitions and chapter by certain amendments enacted in 2013 do not affect rights or liabilities, penalties incurred, violations committed, or proceedings begun before July 1, 2013

Sec. 0.2. Notwithstanding any other law, the additions and amendments to IC 3-5-2.1 or this chapter made by SEA 519-2013 do not affect any: (1) rights or liabilities accrued; (2) penalties incurred; (3) violations committed; or (4) proceedings begun; before July 1, 2013. Those rights, liabilities, penalties, offenses, and proceedings continue and shall be imposed and enforced under prior law as if SEA 519-2013 had not been enacted. As added by P.L.258-2013, SEC.5. Amended by P.L.186-2025, SEC.7.

Ind. Code § 3-5-5-0.3 Effect of amendments made by 2015 session of the general assembly

Sec. 0.3. Notwithstanding any other law, the additions and amendments to IC 3-5-2.1 or this chapter made by legislation enacted in the 2015 regular session of the general assembly do not affect any: (1) rights or liabilities accrued; (2) penalties incurred; (3) violations committed; or (4) proceedings begun; before July 1, 2015. Those rights, liabilities, penalties, offenses, and proceedings continue and shall be imposed and enforced under prior law as if the legislation had not been enacted. As added by P.L.169-2015, SEC.5. Amended by P.L.186-2025, SEC.8.

Ind. Code § 3-5-5-0.5 "Immediate family"

Sec. 0.5. For purposes of this chapter, an individual's "immediate family" includes the spouse, children, stepchildren, parents, or grandparents of the individual. As added by P.L.258-2013, SEC.6.

Ind. Code § 3-5-5-1 Purpose of chapter

Sec. 1. This chapter shall be used to determine the residency of the following: (1) A voter or a person applying to become a voter. (2) A candidate. (3) A person holding an elected office. As added by P.L.12-1995, SEC.10.

Ind. Code § 3-5-5-2 Methods of establishing residency

Sec. 2. A person's residence may be established by: (1) origin or birth; (2) intent and conduct taken to implement the intent; or (3) operation of law. As added by P.L.12-1995, SEC.10.

Ind. Code § 3-5-5-3 Residence in more than one precinct; no residence both within and outside Indiana

Sec. 3. (a) A person does not have residence in more than one (1) precinct within Indiana. (b) For purposes of this chapter, a person does not have residence both within Indiana and outside Indiana. As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.7.

Ind. Code § 3-5-5-4 Abandonment of residence

Sec. 4. A person who has a residence in a precinct retains residency in that precinct until the person abandons the residence by: (1) having the intent to abandon the residence; (2) having the intent to establish a new residence; and (3) acting as provided in this intent by establishing a residence in a new precinct. As added by P.L.12-1995, SEC.10.

Ind. Code § 3-5-5-5 Absence due to state or federal business

Sec. 5. As provided in Article 2, Section 4 of the Constitution of the State of Indiana, a person does not lose residence in a precinct in Indiana by reason of the person's absence on the business of: (1) the state of Indiana; or (2) the United States. As added by P.L.12-1995, SEC.10. Amended by P.L.3-1995, SEC.10; P.L.258-2013, SEC.8.

Ind. Code § 3-5-5-6 Presumption of residence specified by individual under penalties for perjury; rebuttable presumptions

Sec. 6. (a) Sections 7 through 17 of this chapter establish presumptions regarding the residency of a person in a precinct. A person can rebut these presumptions by demonstrating intent to reside in another precinct and conduct taken to implement that intent. (b) An individual who makes a statement regarding the residence of the individual, under the penalties for perjury, is presumed to reside at the location specified by the individual, as of the date of making the statement. As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.9.

Ind. Code § 3-5-5-7 Temporary residency; residency of students attending postsecondary educational institution

Sec. 7. (a) Subject to section 6 of this chapter, a person does not gain residency in a precinct in which the person is physically present for: (1) temporary employment; (2) educational purposes, except as provided in subsection (b); (3) preparing to purchase or occupy a residence; or (4) other purposes; without the intent of making a permanent home in the precinct. (b) The following apply to a student attending a postsecondary educational institution in Indiana: (1) A student who applies to register to vote shall state the student's residence address. (2) A student has only one (1) residence for purposes of this title. (3) A student may state the student's residence as either of the following, but not both: (A) The address where the student lives when the student attends the postsecondary educational institution where the student pursues the student's education. (B) The address where the student lives when the student is not attending the postsecondary educational institution where the student pursues the student's education. As added by P.L.12-1995, SEC.10. Amended by P.L.3-1997, SEC.18; P.L.164-2006, SEC.5; P.L.258-2013, SEC.10; P.L.169-2015, SEC.6.

Ind. Code § 3-5-5-8 Physical presence outside Indiana with intent to make new residence outside Indiana

Sec. 8. Subject to section 6 of this chapter, if a person is physically present within another state with the intention of making that state the person's residence, the person loses residency in Indiana. As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.11.

Ind. Code § 3-5-5-9 Physical presence outside Indiana with intent to remain indefinitely outside Indiana

Sec. 9. Subject to section 6 of this chapter, if a person is physically present within another state with the intention of remaining in the other state for an indefinite time as a place of residence, the person loses residency in Indiana, even if the person intends to return at some time. As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.12.

Ind. Code § 3-5-5-10 Physical presence in another Indiana precinct

Sec. 10. Subject to section 6 of this chapter, if a person is physically present within another precinct in Indiana with the intention of making that precinct the person's residence, the person loses residency in the precinct that the person left. As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.13.

Ind. Code § 3-5-5-11 Location of immediate family as residence

Sec. 11. The place where a person's immediate family resides is the person's residence, unless the family's residence is: (1) a temporary location for the person's immediate family; or (2) for transient purposes. As added by P.L.12-1995, SEC.10.

Ind. Code § 3-5-5-12 Living away from family while conducting business

Sec. 12. Except as provided in section 13 of this chapter, if: (1) a person's immediate family resides in one (1) place; and (2) the person does business in another place; the residence of the immediate family is the person's residence. As added by P.L.12-1995, SEC.10.

Ind. Code § 3-5-5-13 Living away from family with intent to remain away; conduct to carry out intent

Sec. 13. Subject to section 6 of this chapter, if a person: (1) is living at a place other than the residence of the person's immediate family; and (2) has the intention of remaining at that place and engages in conduct to carry out that intent; the place where the person lives is the person's residence. As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.14.

Ind. Code § 3-5-5-14 Establishment of voting residence separate from spouse; intent; conduct to carry out intent

Sec. 14. Subject to section 6 of this chapter, a married person who does not live in a household with the person's spouse may establish a separate residence from the residence of the person's spouse by intending to do so and engaging in conduct to carry out that intent. As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.15.

Ind. Code § 3-5-5-15 Unmarried person; place where person usually sleeps; intent; conduct to carry out intent

Sec. 15. Subject to section 6 of this chapter, the residence of a person who: (1) is unmarried; and (2) does not have an immediate family; is where the person usually sleeps if that is the intent of the person, and the person engages in conduct to carry out that intent. As added by P.L.12-1995, SEC.10. Amended by P.L.258-2013, SEC.16.

Ind. Code § 3-5-5-16 Residents of veterans home

Sec. 16. A person who resides in a veterans home is a resident of the precinct in which the home is located. As added by P.L.12-1995, SEC.10.

Ind. Code § 3-5-5-17 Persons committed to mental health institutions

Sec. 17. (a) This section applies to an individual who is: (1) adjudged mentally ill; and (2) committed to an institution for individuals with a mental illness. (b) An individual described in subsection (a) has only one (1) residence for purposes of this title. (c) An individual described in subsection (a) may state the individual's residence as either of the following, but not both: (1) The address of the institution where the individual has been committed. (2) The address where the individual lives when the individual is not committed to an institution. As added by P.L.12-1995, SEC.10. Amended by P.L.99-2007, SEC.4; P.L.3-2018, SEC.1.

Ind. Code § 3-5-5-18 Nontraditional residence

Sec. 18. Notwithstanding IC 3-5-2.1-90, an individual with a nontraditional residence whose residence is within a precinct, but is not fixed or permanent, resides in that precinct. As added by P.L.12-1995, SEC.10. Amended by P.L.186-2025, SEC.9.
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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