Ind. Code ch. 3-6-6

Ind. Code ch. 3-6-6
in effect

Ind. Code § 3-6-6-1 Precinct election board; members; appointment; chairman

Sec. 1. (a) Except as otherwise provided by law, each county election board shall appoint a precinct election board for each precinct in the county. (b) A precinct election board consists of the following: (1) One (1) inspector. (2) Two (2) judges. (c) Each county chairman of a major political party of the county is entitled to nominate one (1) judge under section 9 of this chapter. (d) Each inspector and judge must be a voter of the county. (e) The inspector serves as the chairman of the precinct election board. [Pre-1986 Recodification Citation: 3-1-5-1(a).] As added by P.L.5-1986, SEC.2. Amended by P.L.176-1999, SEC.10.

Ind. Code § 3-6-6-2 Poll clerks; appointment

Sec. 2. (a) Except as provided in section 38 of this chapter, each county election board shall appoint two (2) poll clerks for each precinct in the county. (b) Each county chairman of a major political party of the county is entitled to nominate one (1) poll clerk under section 9 of this chapter. (c) Except as provided in section 39 of this chapter, the poll clerks must be voters of the county. [Pre-1986 Recodification Citation: 3-1-5-2(a) part.] As added by P.L.5-1986, SEC.2. Amended by P.L.176-1999, SEC.11; P.L.126-2002, SEC.12.

Ind. Code § 3-6-6-3 Assistant poll clerks; appointment

Sec. 3. (a) Each county election board may appoint two (2) assistant poll clerks in each precinct. (b) Each county chairman of a major political party of the county is entitled to nominate one (1) assistant poll clerk under section 9 of this chapter. (c) Except as provided in subsection (d), the assistant poll clerks must be voters of the county. (d) The county election board may permit a person who is not a voter to be an assistant poll clerk if the person is: (1) at least sixteen (16) years of age, but not more than seventeen (17) years of age; and (2) a resident of the county. [Pre-1986 Recodification Citations: 3-1-5-2(a) part; 3-1-5-5 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.28; P.L.4-1991, SEC.15; P.L.176-1999, SEC.12.

Ind. Code § 3-6-6-4 Precincts for which assistant clerks appointed; resolution

Sec. 4. A county election board shall adopt a written resolution not later than twenty-eight (28) days before election day designating the precincts for which assistant clerks are to be appointed. The county election board shall file a copy of the resolution in the office of the circuit court clerk and shall mail copies to the county chairmen of the major political parties of the county. [Pre-1986 Recodification Citations: 3-1-5-2(b) part; 3-1-5-5 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.39; P.L.126-2002, SEC.13.

Ind. Code § 3-6-6-5 Election sheriffs; appointment

Sec. 5. (a) Except as provided in section 38 of this chapter, each county election board shall appoint two (2) election sheriffs for each precinct in the county. (b) Each county chairman of a major political party of the county is entitled to nominate one (1) election sheriff under section 9 of this chapter. (c) Except as provided in section 39 of this chapter, the sheriffs must be voters of the county. [Pre-1986 Recodification Citation: 3-1-5-8(a) part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.17; P.L.14-1995, SEC.1; P.L.176-1999, SEC.13; P.L.126-2002, SEC.14.

Ind. Code § 3-6-6-5.5 Precinct election officers in vote center counties

Sec. 5.5. (a) This section applies in a county using vote centers under IC 3-11-18.1. (b) The county vote center plan: (1) may use other titles to designate precinct election officers; and (2) must specify which precinct election officer is to perform a duty required under this title to be performed by a precinct election officer. (c) A precinct election officer in a vote center county shall comply with section 7 of this chapter. As added by P.L.258-2013, SEC.19.

Ind. Code § 3-6-6-6 Election officers entitled to vote

Sec. 6. Each inspector, judge, poll clerk, assistant poll clerk, and election sheriff who is: (1) a voter of the county; and (2) not a resident of the precinct; is entitled to vote by absentee ballot. [Pre-1986 Recodification Citations: 3-1-5-1(b); 3-1-5-2(d); 3-1-5-8(c).] As added by P.L.5-1986, SEC.2. Amended by P.L.126-2002, SEC.15.

Ind. Code § 3-6-6-7 Requirements for election officers and inspectors

Sec. 7. (a) An otherwise qualified person is eligible to serve as a precinct election officer unless any of the following apply: (1) The person is unable to read, write, and speak the English language. (2) The person has any property bet or wagered on the result of the election. (3) The person is a candidate to be voted for at the election in the precinct, except as an unopposed candidate for a precinct committeeman or state convention delegate. (4) The person is the spouse, parent, father-in-law, mother-in-law, child, son-in-law, daughter-in-law, grandparent, grandchild, brother, sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece of a candidate or declared write-in candidate to be voted for at the election in that precinct. This subdivision disqualifies a person whose relationship to the candidate is the result of birth, marriage, or adoption. This subdivision does not disqualify a person from serving as a precinct election officer if the candidate to whom the person is related is an unopposed candidate. For purposes of this subdivision, an "unopposed candidate" includes an individual whose nomination to an office at a primary election is unopposed by any other candidate within the same political party. (5) The person did not attend training required by section 40 of this chapter. (b) In addition to the requirements of subsection (a), a person is not eligible to serve as an inspector if the person is the chairman or treasurer of the committee of a candidate whose name appears on the ballot. (c) The county election board may, upon the unanimous vote of the entire membership of the county election board, adopt a resolution to permit individuals who are: (1) opposed candidates for precinct committeeman or state convention delegate; or (2) related, as described in subsection (a)(4), to opposed candidates for precinct committeeman or state convention delegate; notwithstanding subsection (a)(3) and (a)(4), to serve as a precinct election officer if the county election board finds that enough individuals are not available to serve as precinct election officers if the restrictions of those provisions are applied. A resolution adopted under this subsection expires December 31 of the year that the resolution is adopted. [Pre-1986 Recodification Citations: 3-1-5-1(c); 3-1-5-2(c); 3-1-5-8(b); 3-1-4-10(a) part, (b) part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.29; P.L.5-1989, SEC.8; P.L.4-1991, SEC.16; P.L.3-1993, SEC.18; P.L.11-1997, SEC.1; P.L.3-1997, SEC.40; P.L.199-2001, SEC.2; P.L.14-2004, SEC.9; P.L.227-2023, SEC.19.

Ind. Code § 3-6-6-8 Inspector; nomination by county chairman

Sec. 8. The county chairman of the major political party whose candidate for the office of secretary of state received the highest vote in the county at the last election may nominate a voter for the office of inspector. [Pre-1986 Recodification Citation: 3-1-5-11 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-6-9 Election officers; nomination by county chairmen

Sec. 9. The county chairmen of the major political parties of a county may nominate individuals who meet the requirements of section 7 or 39 of this chapter for the following precinct election offices who will serve in the precinct on election day: (1) Judge. (2) Poll clerk. (3) Assistant poll clerk. (4) Election sheriff. [Pre-1986 Recodification Citation: 3-1-5-11 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.126-2002, SEC.16.

Ind. Code § 3-6-6-10 Filing nominations

Sec. 10. (a) A county chairman may make nominations for precinct election offices by filing the nominations in writing with the circuit court clerk not later than noon twenty-one (21) days before the election. (b) This subsection does not apply to the office of precinct inspector. A county chairman may specify in the nomination of an individual for a precinct election office that the individual is nominated to serve until noon on election day and that another individual is nominated to serve in the same precinct election office beginning at noon on election day until the expiration of the term of the office under section 37(b) of this chapter. [Pre-1986 Recodification Citation: 3-1-5-11 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.30; P.L.10-1988, SEC.9; P.L.176-1999, SEC.14; P.L.126-2002, SEC.17.

Ind. Code § 3-6-6-11 Appointment of persons nominated; nonapplicability to office of precinct inspector

Sec. 11. (a) A county election board shall appoint the individuals who are nominated for precinct election offices by the county chairmen if the individuals are otherwise eligible under this chapter to serve in the precinct election offices for which they are nominated. (b) This subsection does not apply to the office of precinct inspector. This subsection applies to an appointment to a precinct election office made following a nomination by a county chairman under this chapter. The county election board shall provide that an appointment of an individual to a precinct election office: (1) expires at noon on election day; or (2) begins at noon on election day and expires under section 37(b) of this chapter; if the nomination made by the county chairman specifies that the nomination is made for a term that begins or expires at those times. (c) This subsection does not apply to the office of precinct inspector. This subsection applies to an appointment to a precinct election office made by a county election board under section 13(b) of this chapter. The county election board may appoint an individual to a precinct election office for a term that: (1) expires at noon on election day; or (2) begins at noon on election day and expires under section 37(b) of this chapter. [Pre-1986 Recodification Citation: 3-1-5-11 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.176-1999, SEC.15; P.L.126-2002, SEC.18.

Ind. Code § 3-6-6-12 Repealed

[Pre-1986 Recodification Citation: 3-1-5-1(e).] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.31; P.L.3-1997, SEC.41; P.L.216-2015, SEC.2. Repealed by P.L.227-2023, SEC.20.

Ind. Code § 3-6-6-13 Filling vacancy in precinct election office by county election board; filling vacancy with student

Sec. 13. (a) A county election board shall fill a vacancy in a precinct election office before the hour set for the opening of the polls, upon the nomination of the appropriate county chairman. (b) This subsection applies to a precinct election office when, at noon, twenty-one (21) days before election day, the appropriate county chairman has made no nomination for the office. The county election board, by majority vote of the board, may fill the office by appointing an individual who would be eligible to serve in the office if nominated by the county chairman. (c) If a vacancy is filled by the county election board under subsection (b), the board may, by unanimous vote of the entire membership of the board, fill the office by appointing a student: (1) enrolled at a postsecondary educational institution (including a community college); and (2) who is a registered voter of the county; to serve as a nonpartisan precinct election officer. (d) If a vacancy is filled by the county election board under subsection (b) (other than inspector), the board may, by unanimous vote of the entire membership of the board, fill the office by appointing a person eligible to serve as a precinct election officer (other than inspector) under section 39 of this chapter. [Pre-1986 Recodification Citation: 3-1-5-11 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1995, SEC.13; P.L.126-2002, SEC.19; P.L.209-2003, SEC.18; P.L.14-2004, SEC.10; P.L.2-2007, SEC.10; P.L.194-2013, SEC.5; P.L.108-2021, SEC.1.

Ind. Code § 3-6-6-14 Filling vacancy by remaining members

Sec. 14. (a) This section does not apply to a vacancy in the office of election sheriff in a precinct that is subject to a resolution adopted under section 5 of this chapter. (b) If a precinct election officer fails to appear at the hour set for the opening of the polls, or if a precinct election office becomes vacant during election day, the remaining members of the precinct election board shall fill the vacancy upon the nomination of the highest ranking precinct election officer nominated by the county chairman of the same political party whose county chairman was entitled to nominate the holder of the office to be filled. (c) If a county chairman fails to nominate the individual appointed to make a nomination to fill a vacant precinct election office under subsection (b), the individual appointed by the county election board to this precinct election office under section 13(b) of this chapter is entitled to make the nomination to fill the vacant precinct office under this section. (d) For the purpose of these nominations, the rank of precinct election officers is as follows: (1) Inspector. (2) Judge. (3) Poll clerk. (4) Assistant poll clerk. (5) Election sheriff. [Pre-1986 Recodification Citation: 3-1-5-11 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.19; P.L.3-1995, SEC.14; P.L.176-1999, SEC.16.

Ind. Code § 3-6-6-15 Notification of appointment

Sec. 15. An inspector shall immediately notify the county election board of an appointment made under section 14 of this chapter. The appointee shall hold the office and exercise the powers and duties of the office subject to confirmation or removal by the county election board. [Pre-1986 Recodification Citation: 3-1-5-11 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-6-16 Filling vacancy; approval or nomination by county chairman; issuance of credentials

Sec. 16. Upon notification that a vacancy has been filled by a precinct election board under section 14 of this chapter, a county election board shall: (1) upon written approval of the appropriate county chairman, confirm the appointment by issuance of proper credentials to the precinct election officer so appointed and approved; or (2) upon nomination by the appropriate county chairman, appoint a qualified person to replace the officer then serving, in which case the officer appointed by the county election board shall be issued proper credentials. [Pre-1986 Recodification Citation: 3-1-5-11 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-6-17 Delivery of office to person appointed by county election board

Sec. 17. If the authorized holder presents credentials issued under section 16 of this chapter to the precinct election board, the person holding office under appointment by the precinct election board shall vacate the office and deliver the office to the person entitled to it. [Pre-1986 Recodification Citation: 3-1-5-11 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-6-18 Inspector or judge; requirement of oath

Sec. 18. A person appointed to a precinct election office by a precinct election board or by a county election board may not assume the duties of inspector or judge until that person has taken the oath required by section 19 of this chapter. [Pre-1986 Recodification Citation: 3-1-5-11 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-6-19 Taking and administering oath

Sec. 19. Before the polls are opened in a precinct, the inspector shall: (1) take an oath to faithfully discharge the inspector's duties; and (2) administer an oath to the judges, poll clerks, assistant poll clerks, and election sheriffs that they will faithfully discharge their duties. [Pre-1986 Recodification Citations: 3-1-5-4 part; 3-1-5-9 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-6-20 Administering of oath when no authorized person present

Sec. 20. If no person present is authorized by law to administer an oath of office under section 19 of this chapter, the inspector shall administer the oath to the judges, and one of the judges shall then administer the oath to the inspector. After the organization of the precinct election board, the inspector may administer all oaths required in the discharge of duties. [Pre-1986 Recodification Citation: 3-1-5-10.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-6-21 Oaths; requirements

Sec. 21. All oaths required by this chapter must: (1) be written or printed; and (2) be signed by the person taking the oath before a person authorized by law to administer oaths and before the precinct election board. [Pre-1986 Recodification Citations: 3-1-5-4 part; 3-1-5-9 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-6-22 Jurat of person administering oath; attachment of oath to poll list

Sec. 22. The person administering an oath under this chapter shall attach the person's jurat to the oath. The oath shall be attached to the poll list and both documents returned to the county election board. [Pre-1986 Recodification Citations: 3-1-5-4 part; 3-1-5-9 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.42.

Ind. Code § 3-6-6-23 Form of oath for precinct election officers

Sec. 23. The oath prescribed for a precinct election officer must be signed before a person authorized to administer oaths and contain the following information: I do solemnly swear (or affirm) the following: (1) I will support the Constitution of the United States and the Constitution of the State of Indiana. (2) I will faithfully and impartially discharge the duties of inspector (or judge, poll clerk, assistant poll clerk, or sheriff) of this precinct under the law. (3) I will not knowingly permit any person to vote who is not qualified and will not knowingly refuse the vote of any qualified voter or cause any delay to any person offering to vote other than is necessary to procure satisfactory information of the qualification of that person as a voter. (4) I am now a bona fide resident of the county in which the precinct in which I am to act as a member of the election board is situated and, if required by law, am a qualified voter of that county. (5) I will not disclose or communicate to any person how any voter has voted at this election or how any ballot has been folded or marked. (6) I am able to read, write, and speak the English language. (7) I have no property bet or wagered on the result of this election. (8) I am not a candidate to be voted for at this election in this precinct, except as an unopposed candidate for a political party office. (9) If I am serving as an inspector, I am not the chairman or treasurer of the committee of a candidate whose name appears on the ballot. (10) I am not related to any person to be voted for at this election in this precinct as the spouse, parent, father-in-law, mother-in-law, child, son-in-law, daughter-in-law, grandparent, grandchild, brother, sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece of that person, unless that person is an unopposed candidate. (11) I was trained as required by IC 3-6-6-40. [Pre-1986 Recodification Citation: 3-1-5-9 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.32; P.L.5-1989, SEC.9; P.L.3-1993, SEC.20; P.L.3-1995, SEC.15; P.L.11-1997, SEC.2; P.L.3-1997, SEC.43; P.L.126-2002, SEC.20; P.L.14-2004, SEC.11.

Ind. Code § 3-6-6-24 Repealed

[Pre-1986 Recodification Citation: 3-1-5-4 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1995, SEC.16. Repealed by P.L.3-1997, SEC.475.

Ind. Code § 3-6-6-25 Compensation

Sec. 25. Each inspector, judge, poll clerk, assistant poll clerk, and election sheriff is entitled to a per diem fixed by the county executive for the performance of all the duties of office imposed on the person by this title that are performed on election day. [Pre-1986 Recodification Citation: 3-1-5-15(a).] As added by P.L.5-1986, SEC.2. Amended by P.L.4-1991, SEC.17; P.L.3-1993, SEC.21; P.L.3-1997, SEC.44.

Ind. Code § 3-6-6-26 Additional compensation for inspector

Sec. 26. In addition to the compensation required under section 25 of this chapter, an inspector may be paid an amount: (1) for the inspector's services in calling at the circuit court clerk's office for the precinct election supplies; and (2) for the inspector's services and the services of the judge of the opposite political party in the return of the precinct election supplies to the clerk's office; regardless of whether these services are rendered before, on, or after election day. [Pre-1986 Recodification Citation: 3-1-5-15(b).] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.22; P.L.3-1995, SEC.17.

Ind. Code § 3-6-6-27 County executive to fix compensation; exception

Sec. 27. The county executive shall fix the compensation paid under sections 25 and 26 of this chapter for all elections except municipal elections held by towns under IC 3-10-7. The fiscal body of a town holding a municipal election under IC 3-10-7 shall fix the compensation paid under sections 25 and 26 of this chapter. [Pre-1986 Recodification Citation: 3-1-5-15(c).] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-6-28 Eligibility for compensation; compliance with certain statutes

Sec. 28. A member of a precinct election board is entitled to compensation under sections 25 and 26 of this chapter only if the member complies with the requirements of: (1) IC 3-12-2-7; (2) IC 3-12-3-10; and (3) IC 3-12-3.5-4. A person who violates IC 3-12-2-7, IC 3-12-3-10, or IC 3-12-3.5-4, as determined by the county election board, may not be selected to serve as a member of a precinct election board in the county where the person committed the violation for five (5) years after the date of the violation. [Pre-1986 Recodification Citation: 3-1-25-2(c), (d), (f) part.] As added by P.L.5-1986, SEC.2. Amended by P.L.157-2019, SEC.3.

Ind. Code § 3-6-6-29 Determination of good cause for violation of IC 3-12-2-7

Sec. 29. If a county election board unanimously determines, after a public hearing, that there was good cause for a violation of IC 3-12-2-7, then the restrictions on compensation and subsequent membership on a precinct election board prescribed by section 28 of this chapter do not apply. However, the county election board must make such a determination as its first order of business at its first meeting after the election at which the violation occurred. [Pre-1986 Recodification Citation: 3-1-25-2(e), (f) part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-6-30 Duties of precinct election board

Sec. 30. Each precinct election board shall determine all matters coming before the board in accordance with Indiana law. If necessary, the judges shall assist the inspector and poll clerks in the performance of their duties. Subject to IC 3-11-9, the judges shall also assist and instruct voters when assistance is requested. [Pre-1986 Recodification Citation: 3-1-5-3.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.33; P.L.219-2013, SEC.6.

Ind. Code § 3-6-6-31 Meals or meal allowances

Sec. 31. (a) Each inspector shall have the precinct election officers furnished with good, plain, and substantial meals, at the regular hours for meals, throughout the day until their work is finished. Alcoholic beverages may not be furnished. (b) If the county legislative body (as defined in IC 36-1-2-9) adopts an ordinance to provide meal allowances, each precinct election officer is entitled to a meal allowance instead of the meals provided under subsection (a). The ordinance must state the amount of the meal allowance to be provided. [Pre-1986 Recodification Citation: 3-1-5-16 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.34.

Ind. Code § 3-6-6-32 Precincts using paper ballots; initialing and giving out ballots; duties of clerks

Sec. 32. (a) If a precinct has both poll clerks and assistant poll clerks and the voting is entirely done by paper ballot, the assistant poll clerks shall perform the same duties required of the poll clerks regarding the initialing and giving out of the ballots and pencils or pens when required to do so. (b) It is necessary for only the two (2) poll clerks or assistant poll clerks giving out a ballot to place their initials on the back of the ballot. However, the two (2) poll clerks or assistant poll clerks must not have been nominated to a precinct election office by the county chairman of the same political party. [Pre-1986 Recodification Citation: 3-1-5-6 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.35; P.L.176-1999, SEC.17.

Ind. Code § 3-6-6-33 Tallying votes; signing returns or other certificates

Sec. 33. After the close of the polls, the assistant poll clerks shall assist the poll clerks in tallying the votes under the direction of the precinct election board. However, the election returns or other certificates required to be signed by the poll clerks need not be signed by the assistant poll clerks. [Pre-1986 Recodification Citation: 3-1-5-6 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-6-34 Precincts using paper ballots; duties of poll clerks and assistant poll clerks

Sec. 34. (a) In a precinct where the voting is by any voting method except entirely by paper ballot, the poll clerks of the precinct shall perform all the duties connected with voting by ballot card voting system or electronic voting system, and the assistant poll clerks shall perform all the duties connected with voting by paper ballot. It is necessary for only the two (2) assistant poll clerks to place their initials on the back of the paper ballots. (b) The poll clerks shall tally the vote cast by paper ballot, and they alone shall sign the election certificates and returns. However, the precinct election board may call upon the assistant poll clerks to assist the poll clerks in any of their duties. [Pre-1986 Recodification Citation: 3-1-5-7.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.36; P.L.221-2005, SEC.10.

Ind. Code § 3-6-6-35 Duties of election sheriffs

Sec. 35. (a) Each election sheriff shall do the following: (1) Except as provided in subsection (b), attend the polls in the appointed precinct from the opening of the polls to the conclusion of the count. (2) Preserve order at the polls. (3) Enforce the election laws under the direction of the precinct election board. (4) Upon direction from a precinct election officer, request assistance from a law enforcement officer if a violation of law or breach of the peace within the polls or chute has occurred or appears imminent. (b) The sheriff may leave the polls for the purpose of obtaining assistance from a law enforcement officer under subsection (a)(4). [Pre-1986 Recodification Citation: 3-1-5-8(a) part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.45; P.L.114-2012, SEC.5; P.L.209-2021, SEC.5.

Ind. Code § 3-6-6-36 Law enforcement officers prohibited from polls

Sec. 36. (a) As used in this section, "law enforcement officer" means a: (1) police officer; (2) sheriff; (3) constable; (4) marshal; or (5) deputy of any of those persons. (b) A law enforcement officer may not come within the polls or the chute except to do any of the following: (1) To serve process of court. (2) To vote. (3) To be present and assist when summoned by a precinct election officer under section 35 of this chapter. (4) To serve as an absentee ballot courier appointed under IC 3-11.5-4-22. [Pre-1986 Recodification Citation: 3-1-5-8(d).] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.37; P.L.176-1999, SEC.18; P.L.209-2021, SEC.6.

Ind. Code § 3-6-6-37 Status of appointment of precinct election officer; expiration of appointment; may not serve as challenger, pollbook holder, or watcher; not lucrative office

Sec. 37. (a) When the county election board (or a precinct election board acting on behalf of the county election board) appoints a precinct election officer and the individual accepts the appointment by swearing the oath of office required under this chapter, a contract is created between the county election board and the individual in which the county election board retains the services of the precinct election officer as an independent contractor. (b) The appointment of a precinct election officer expires when the county election board completes the canvass of the precinct under IC 3-12-4. (c) A precinct election officer is not entitled to receive credentials as a challenger, pollbook holder, or watcher. Except as provided in IC 3-11-8-10.5, which permits a poll clerk to maintain a list of voters to make available to a watcher or pollbook holder, or under any provision of IC 3-11-8 that permits a precinct election officer to challenge a voter as part of the official duties of the precinct election officer, a precinct election officer while serving as a precinct election officer may not perform the functions of a challenger, pollbook holder, or watcher. (d) For purposes of Article 2, Section 9 of the Constitution of the State of Indiana, the position of precinct election officer is not a lucrative office. As added by P.L.3-1995, SEC.18. Amended by P.L.230-2005, SEC.14; P.L.169-2015, SEC.10.

Ind. Code § 3-6-6-38 Omitted precinct election officers; vacancy in office of sheriff

Sec. 38. (a) As used in this section, "omitted precinct election officer" refers to a precinct election officer that a precinct is not required to have by a resolution adopted under this section. (b) Notwithstanding other provisions of this title, a county election board may adopt a resolution to provide that specified precincts or all precincts of the county are not required to have any or all of the following precinct election officers: (1) Sheriffs. (2) Poll clerks. (c) A resolution adopted under this section must be adopted by unanimous vote of the entire membership of the board. (d) A resolution adopted under this section must state the following: (1) The precincts to which the resolution applies. (2) For each precinct identified in the resolution, which precinct election officers are omitted precinct election officers. (3) For each precinct identified in the resolution, which precinct election officers will perform the duties required by this title of the omitted precinct election officers. (e) Notwithstanding any other law, the precinct election officer specified in a resolution adopted under this section shall perform the duties of the omitted precinct election officers as stated in the resolution. (f) A resolution adopted under this section expires December 31 after the resolution is adopted. (g) If a vacancy exists in the office of the sheriff in a precinct and: (1) no resolution designating the precinct election officer to perform the duties of the sheriff has been adopted under this section; or (2) the vote center plan adopted by the county does not specify which precinct election officer is to perform the duties of the sheriff; then the judge of the precinct (or the precinct election officer designated to perform the duties of the election sheriff under a county vote center plan) serves as election sheriff until the vacancy is filled by the county election board. As added by P.L.126-2002, SEC.21. Amended by P.L.14-2004, SEC.12; P.L.193-2021, SEC.9.

Ind. Code § 3-6-6-38.5 Inspectors; shared location

Sec. 38.5. (a) As used in this section, "shared location" refers to a location in which more than one (1) precinct votes at the same polling place. (b) Notwithstanding other provisions of this title, a county election board may adopt a resolution to provide that the same individual serves as the inspector for more than one (1) precinct at a shared location. (c) A resolution adopted under this section must identify the precincts to which the resolution applies. A resolution adopted under this section may provide that an individual serves as inspector for some, but not all, precincts at the shared location. (d) A resolution adopted under this section may provide the following: (1) That other precinct election officers may assist or perform duties of an inspector of the precincts at the shared location as described in the resolution. (2) Other details of the operation of the shared location under a single inspector that the county election board considers useful. (e) An individual who serves as an inspector for more than one (1) precinct under this section is required to take only one (1) oath under section 19 of this chapter. (f) The county executive may provide that the per diem paid to an inspector who serves under this section is greater than the per diem paid to an inspector for a single precinct. (g) A resolution adopted under this section must be adopted by unanimous vote of the entire membership of the board. (h) A resolution adopted under this section expires December 31 after the resolution is adopted. As added by P.L.129-2015, SEC.1.

Ind. Code § 3-6-6-39 Certain students serving as election officers and assistants

Sec. 39. (a) The county election board by unanimous vote of the entire membership of the board may permit an individual who is not a voter to serve in any capacity described in subsection (b), if the individual satisfies all the following: (1) The individual is at least sixteen (16) years of age but not eighteen (18) years of age or older. (2) The individual is a citizen of the United States. (3) The individual is a resident of the county. (4) The individual has a cumulative grade point average equivalent to not less than 3.0 on a 4.0 scale. (5) The individual: (A) either: (i) has the written approval of the principal of the school the individual attends at the time of the appointment; or (ii) attends a school that will not be in session on election day; or (B) if the student is educated in the home, has the approval of the individual responsible for the education of the student. (6) The individual has the approval of the individual's parent or legal guardian. (7) The individual has satisfactorily completed any training required by the county election board. (8) The individual otherwise is eligible to serve as a precinct election officer under this chapter but is not required to be a registered voter of the county. (b) An individual described in subsection (a) may serve in any of the following capacities, as determined by the county election board: (1) As any election officer, other than as an inspector, either before election day, on election day, or both. (2) Providing assistance to an election officer, either before election day, on election day, or both. (3) Providing assistance to the preparation of absentee ballots. (c) An individual appointed as an election officer or assistant under this section, while serving as an election officer or assistant: (1) is not required to obtain an employment certificate under IC 22-2-18 (before its expiration on June 30, 2021); and (2) is not subject to the limitations on time and duration of employment under IC 22-2-18 (before its expiration on June 30, 2021) or IC 22-2-18.1. As added by P.L.126-2002, SEC.22. Amended by P.L.209-2003, SEC.19; P.L.230-2005, SEC.15; P.L.225-2011, SEC.7; P.L.194-2013, SEC.6; P.L.76-2014, SEC.4; P.L.147-2020, SEC.1; P.L.108-2021, SEC.2; P.L.91-2026, SEC.1.

Ind. Code § 3-6-6-40 Training precinct election officers; content of training; training waiver

Sec. 40. (a) The county election board shall conduct a training and educational meeting for precinct election officers. (b) The board shall require inspectors to attend the meeting and may require other precinct election officers to attend the meeting. The board shall maintain a record of the attendance of each individual at the meeting conducted under this subsection. (c) The meeting required under this section must include information: (1) relating to making polling places and voting systems accessible to elderly voters and voters with a disability; and (2) relating to the voting systems used in the county. The meeting may include other information relating to the duties of precinct election officers as determined by the county election board. (d) The meeting required by this section must be held not later than the day before election day. (e) If an individual: (1) is appointed as a precinct election officer after the training and educational meeting conducted under this section; or (2) demonstrates to the county election board that the individual was unable to attend the meeting due to good cause; the county election board may authorize the individual to serve as a precinct election officer if the county election board determines that there is insufficient time to conduct the training required by this section. As added by P.L.116-2003, SEC.1. Amended by P.L.66-2003, SEC.4; P.L.14-2004, SEC.13; P.L.230-2005, SEC.16; P.L.99-2007, SEC.5.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/3Fetched: 10/17/2026