Ind. Code ch. 3-6-5

in effect

Ind. Code § 3-6-5-1 Establishment

Sec. 1. (a) Except as provided in subsection (b), a board is established in each county of the state known as the (name of county) county election board. (b) A county election board is not established in the following counties: (1) A county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000). (2) A county having a population of more than one hundred eighty-five thousand (185,000) and less than two hundred thousand (200,000). [Pre-1986 Recodification Citation: 3-1-4-1 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.11; P.L.144-2001, SEC.2; P.L.170-2002, SEC.4; P.L.119-2012, SEC.2; P.L.104-2022, SEC.2.

Ind. Code § 3-6-5-2 Membership

Sec. 2. The following three (3) members comprise each county election board: (1) The circuit court clerk, who is ex officio a member of the board. (2) Two (2) persons appointed by the circuit court clerk, one (1) from each of the major political parties of the county. [Pre-1986 Recodification Citation: 3-1-4-2 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-5-3 Candidates for office as members of board or proxies of record; circuit court clerk as member of candidate's committee

Sec. 3. (a) A person who is a candidate for elected office or a member of a candidate's committee may not be appointed as: (1) a member of a county election board; (2) a proxy of record for a member under section 4.5 of this chapter; or (3) an alternate proxy of record for a member under section 4.5 of this chapter. (b) If an appointed member, a proxy, or an alternate proxy becomes: (1) a candidate for elected office; or (2) a member of a candidate's committee; the member, proxy, or alternate proxy may not continue to serve on the county election board. (c) An appointed member, a proxy, or an alternate proxy may not hold elected office while serving on the county election board. (d) The circuit court clerk may not be a member of a candidate's committee other than the clerk's own candidate's committee. [Pre-1986 Recodification Citations: 3-1-4-2 part; 3-1-4-10(a) part, (b) part, (c).] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.24; P.L.3-1997, SEC.34; P.L.9-2004, SEC.2; P.L.230-2005, SEC.6.

Ind. Code § 3-6-5-4 Appointment of members; term of office

Sec. 4. The board members appointed by the circuit court clerk serve until their successors are appointed and qualified. [Pre-1986 Recodification Citation: 3-1-4-2 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.35.

Ind. Code § 3-6-5-4.5 Proxy of record; alternate proxy

Sec. 4.5. (a) A member may appoint an individual to serve as a proxy of record in the member's place as a member of the county election board by filing a written instrument appointing the proxy of record with the circuit court clerk. The proxy of record has the same authority to act and vote on all matters as does the member. The member may revoke the authority of the proxy of record at any time. The authority of the proxy of record may be either limited or general with regard to duration or subject matter as set forth by the member in the written instrument appointing the proxy. (b) If both the member and the member's proxy of record are unavailable, the member may appoint another individual in writing to serve as an alternate proxy in the member's place as a member of the county election board. The alternate proxy has the same authority to act and vote on all matters as does the member. The member may revoke the authority of the alternate proxy at any time. The authority of the alternate proxy may be either limited or general with regard to duration or subject matter as set forth by the member in the written instrument appointing the proxy. As added by P.L.4-1991, SEC.14.

Ind. Code § 3-6-5-5 Nominations by county chairmen

Sec. 5. The county chairman of each of the major political parties of a county may nominate, in writing, a member of the chairman's party for appointment to the county election board. The circuit court clerk shall appoint the nominee to the board. [Pre-1986 Recodification Citation: 3-1-4-2 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1997, SEC.36.

Ind. Code § 3-6-5-6 Removal of member upon request of county chairman

Sec. 6. A circuit court clerk shall remove any member of the county election board upon the request of the county chairman of the political party that nominated that member. The clerk then shall appoint a new member nominated by the county chairman. [Pre-1986 Recodification Citation: 3-1-4-2 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-5-7 Vacancies

Sec. 7. In case of a vacancy in the office of either appointee to a county election board, the circuit court clerk shall, within five (5) days, send written notice of the vacancy to the county chairman of the appointee's political party. The chairman may, within five (5) days after receiving notice of the vacancy, nominate in writing a successor who shall be appointed. If the chairman fails to make a nomination within the five (5) day period, the clerk shall, within another five (5) days, appoint a member of the political party entitled to the appointment. [Pre-1986 Recodification Citation: 3-1-4-2 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.25; P.L.7-1990, SEC.2.

Ind. Code § 3-6-5-8 Chairman of county election board; secretary; filling a vacancy

Sec. 8. (a) The members of a county election board shall select one (1) of the appointed members to serve as chairman. (b) If the individual selected to serve as chairman: (1) resigns as chairman; (2) resigns as a member of the county election board; (3) is removed as a member of the county election board under section 6 of this chapter; or (4) dies or is otherwise disqualified from continuing to serve as a member of the county election board; the individual vacates the office of chairman. (c) When a resignation, removal, or disqualification takes effect under subsection (b), the circuit court clerk: (1) serves as acting chairman until the county election board fills the vacancy; (2) shall notify the county chairman of the political party of the member who vacated the office of chairman in accordance with section 7 of this chapter; and (3) shall call a meeting of the county election board to elect a new chairman under this chapter. (d) At the meeting convened under subsection (c), the members of the county election board shall select one (1) of the appointed members to serve as chairman. (e) The term of a chairman ends January 1 following the election of the circuit court clerk. (f) The circuit court clerk serves as secretary of the board. [Pre-1986 Recodification Citation: 3-1-4-1 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.240-2025, SEC.9.

Ind. Code § 3-6-5-9 Compensation of members and secretary

Sec. 9. Each county fiscal body shall determine, in the manner provided by law, the compensation of: (1) the appointed members of the county election board; and (2) the circuit court clerk for the clerk's services as secretary of the county election board. [Pre-1986 Recodification Citation: 3-1-4-9.1.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1993, SEC.12.

Ind. Code § 3-6-5-10 Office space

Sec. 10. Each county executive shall furnish to the county election board necessary office space either in the county courthouse or in some other conveniently located building. [Pre-1986 Recodification Citation: 3-1-4-8.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-5-11 Chairman to call meetings

Sec. 11. The chairman of a county election board shall call a meeting of the board whenever the chairman considers it necessary for the performance of the board's duties. [Pre-1986 Recodification Citation: 3-1-4-3 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-5-12 Failure of chairman to call meeting

Sec. 12. If the chairman of a county election board for any reason fails to call a meeting of the board, then the two (2) other members may meet to execute the powers and perform the duties of the board. [Pre-1986 Recodification Citation: 3-1-4-3 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-5-13 Minutes of meetings; inclusion of ballot styles with minutes

Sec. 13. (a) Each county election board shall keep minutes of all meetings of the board, including a written record of the aye and nay vote of each member on all questions coming before the board. (b) The circuit court clerk shall permanently retain the board minutes. (c) After ballots are printed by the county for each primary, general, municipal, or special election, the clerk shall retain one (1) regular official ballot from each township in the county and one (1) provisional ballot from any precinct in the county as part of the minutes. [Pre-1986 Recodification Citation: 3-1-4-3 part.] As added by P.L.5-1986, SEC.2. Amended by P.L.116-2018, SEC.1; P.L.278-2019, SEC.8.

Ind. Code § 3-6-5-14 Powers and duties

Sec. 14. (a) Each county election board, in addition to duties otherwise prescribed by law, shall do the following: (1) Conduct all elections and administer the election laws within the county, except as provided in IC 3-8-5 and IC 3-10-7 for town conventions and municipal elections in certain small towns. (2) Prepare all ballots. (3) Distribute all ballots to all of the precincts in the county. (b) Not later than the Monday before distributing ballots and voting systems to the precincts in the county, the county election board shall notify the county chairman of each major political party and, upon request, the chairman of any other bona fide political party in the county, that sample ballots are available for inspection. [Pre-1986 Recodification Citation: 3-1-4-4(a).] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.26; P.L.11-1988, SEC.1; P.L.3-1993, SEC.13; P.L.12-1995, SEC.18; P.L.2-1996, SEC.5; P.L.3-1997, SEC.37; P.L.221-2005, SEC.9; P.L.258-2013, SEC.18.

Ind. Code § 3-6-5-14.5 Delegation of duties of circuit court clerk; resolution

Sec. 14.5. (a) The county election board, by unanimous vote of the entire membership of the board, may adopt a resolution providing that certain duties and responsibilities exercised by the circuit court clerk under this title shall be performed by an employee of the county election board. (b) A resolution adopted under this section: (1) must specify the duties and responsibilities to be exercised by the election board employee; (2) may not be amended or repealed, except by unanimous vote of the entire membership of the county election board; and (3) expires sixty (60) days after the circuit court clerk who was a member of the county election board when the resolution was adopted leaves office. As added by P.L.3-1993, SEC.14.

Ind. Code § 3-6-5-15 Political subdivisions with territory in more than one county; duties of county election boards

Sec. 15. (a) Except as provided in subsection (b), this section applies when an election is conducted in a political subdivision (as defined in IC 36-1-2-13 and other than a county) that contains territory in more than one (1) county. (b) This section does not apply to an election: (1) conducted at the same time as a primary or general election during an even-numbered year; or (2) conducted in a town by a town election board under IC 3-10-7. (c) To the extent authorized by this section, the county election board of the county that contains the greatest percentage of population of the political subdivision shall conduct all elections for the political subdivision. The county election board may designate polling places for the election, which may be located in any county in which the political subdivision is located, and shall appoint precinct election officers to conduct the election upon nomination by the county chairman of the county where the precinct is located, or by filling a vacancy if a nomination is not timely made. However, each county election board shall provide poll lists for voters, receive and approve absentee ballot applications, issue certificates of error or other documents for the voters of that county, print ballots for the municipal or special election, and conduct activity required to canvass the votes under IC 3-12-5-2(b). [Pre-1986 Recodification Citation: 3-1-4-4(b).] As added by P.L.5-1986, SEC.2. Amended by P.L.5-1989, SEC.6; P.L.219-2013, SEC.5; P.L.74-2017, SEC.7.

Ind. Code § 3-6-5-16 Budget estimates

Sec. 16. Each county election board shall prepare annually a budget estimate itemizing its expenditures for the previous year and its estimates of the amount of money necessary to be appropriated for the next year. The board shall submit the budget estimate at the time and in the manner and form other county budget estimates are required to be filed. [Pre-1986 Recodification Citation: 3-1-4-5(c).] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-5-17 Reports to election division; contents; publishing election results

Sec. 17. (a) Each county election board shall submit a report to the election division after each primary, special, municipal, and general election describing the activities of the board during the previous year. The board shall include the following in the report: (1) Information relating to the expenses of office maintenance and elections within the county or political subdivisions within the county. (2) Any additional information relating to elections that the commission prescribes. (b) The report described in subsection (a) must be transmitted to the election division using the computerized list under IC 3-7-26.3 not later than fourteen (14) days after each election. (c) The election division shall send a copy of each report to the office not later than ten (10) days after receiving the report. (d) At the same time the county election board submits the report under subsection (a), the board shall provide to the election division through a module of the computerized list established under IC 3-7-26.3 the votes cast for each candidate and on each public question in each precinct at the last election preceding the submission of the report. (e) This subsection applies if the official election results of an election are revised following a recount or election contest conducted under IC 3-12. Each county election board shall provide to the election division through a module of the computerized list established under IC 3-7-26.3 the revised votes cast for each candidate and on each public question in each precinct not later than fourteen (14) days after the certification of the revised election results by a court or the state recount commission. (f) The election division shall promptly publish election results provided under subsection (d) or (e) on the website maintained by the election division. The election results published under this subsection must be downloadable in a format that can be imported into standard spreadsheet computer software. [Pre-1986 Recodification Citation: 3-1-4-5(f).] As added by P.L.5-1986, SEC.2. Amended by P.L.10-1988, SEC.8; P.L.3-1993, SEC.15; P.L.2-1996, SEC.6; P.L.3-1997, SEC.38; P.L.212-2001, SEC.9; P.L.209-2003, SEC.14; P.L.193-2021, SEC.7; P.L.68-2026, SEC.1.

Ind. Code § 3-6-5-17.3 Providing absentee reports

Sec. 17.3. The county election board of a county that is not designated as a vote center county under IC 3-11-18.1 must establish a plan that specifies the method and timing of providing absentee reports to persons who are entitled to receive the reports under this title. Absentee reports must be provided to all persons entitled to the reports without unreasonable delay. As added by P.L.153-2024, SEC.6.

Ind. Code § 3-6-5-17.5 Report concerning absentee ballots from overseas and uniformed services voters

Sec. 17.5. (a) As required by 52 U.S.C. 20302(c), each county election board shall submit a report to the election division after each general election setting forth the combined number of absentee ballots: (1) transmitted by the county election board to absent uniformed services voters and overseas voters for the election; and (2) returned by absent uniformed services voters and overseas voters and cast in the election. (b) The report must be: (1) transmitted to the election division using the computerized list under IC 3-7-26.3 not later than fourteen (14) days after the election; and (2) in the form prescribed by the federal Election Assistance Commission under Section 703(b) of HAVA (52 U.S.C. 20302 (note)). As added by P.L.209-2003, SEC.15. Amended by P.L.128-2015, SEC.25; P.L.193-2021, SEC.8.

Ind. Code § 3-6-5-18 Circuit court clerk to perform duties of clerk or secretary

Sec. 18. Each circuit court clerk shall perform all duties imposed upon the clerk under this title as a member of the county election board or as secretary of the board, except when the clerk is acting as the registration officer of the county. Any such action taken by the clerk is considered an action of the board. [Pre-1986 Recodification Citation: 3-1-4-3 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-5-19 Circuit court clerk; exercise of powers and duties of board

Sec. 19. A circuit court clerk, with the approval of the county election board, shall exercise the powers and perform the duties imposed upon the board whenever the facilities of the clerk's office make it more reasonable and efficient for the clerk to do so. Any action taken by the clerk with the approval of the board is considered an action of the board. [Pre-1986 Recodification Citation: 3-1-4-3 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-5-20 Deputy election commissioners; appointment and removal; residency

Sec. 20. A county election board may appoint and at its pleasure remove deputy election commissioners. A deputy election commissioner appointed under this section must reside in the county of the election board that appointed the deputy commissioner. If a deputy election commissioner ceases to be a resident of the county of the election board that appointed the deputy election commissioner, the person may not continue to serve as a deputy election commissioner of the county. [Pre-1986 Recodification Citation: 3-1-4-5(a) part.] As added by P.L.5-1986, SEC.2. Amended by P.L.5-1989, SEC.7.

Ind. Code § 3-6-5-21 Designation of deputy election commissioners by county chairmen

Sec. 21. The county chairmen of the major political parties of a county shall designate the deputy election commissioners. The deputy election commissioners must be divided equally between the major political parties. [Pre-1986 Recodification Citation: 3-1-4-5(a) part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-5-22 Deputy election commissioner's duties

Sec. 22. The deputy election commissioners appointed under section 21 of this chapter may assist the county election board in carrying out its duties in accordance with rules adopted by the board. [Pre-1986 Recodification Citation: 3-1-4-5(a) part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-5-23 Clerks, custodians, and employees; students serving as nonpartisan assistants

Sec. 23. (a) A county election board may appoint and at its pleasure remove clerks, custodians, and other employees that are necessary in the execution of its powers. The county election board may determine the duties, rank, and salaries of its appointees. (b) The county election board may employ students enrolled at postsecondary educational institutions (including community colleges) to assist in the administration of elections by serving as nonpartisan assistants, in accordance with the requirements of the Help America Vote College Program conducted by the Election Assistance Commission under 52 U.S.C. 21121. [Pre-1986 Recodification Citation: 3-1-4-5(b).] As added by P.L.5-1986, SEC.2. Amended by P.L.209-2003, SEC.16; P.L.2-2007, SEC.9; P.L.128-2015, SEC.26.

Ind. Code § 3-6-5-24 Candidates for elected office; service as deputy election commissioner or employment by county board

Sec. 24. A person who is a candidate for elected office may not be: (1) appointed as a deputy election commissioner; or (2) employed by a county election board. If a deputy election commissioner or employee of a county election board becomes a candidate for elected office, the person may not continue to serve as a deputy election commissioner or employee of a county election board. [Pre-1986 Recodification Citations: 3-1-4-10(a) part, (b) part.] As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.27.

Ind. Code § 3-6-5-25 Audit of books of county election board

Sec. 25. The books of each county election board shall be audited as are the books of other public officials of the county. [Pre-1986 Recodification Citation: 3-1-4-5(e).] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-5-26 Examination of persons; administration of oaths

Sec. 26. A county election board may examine under oath any person with regard to a material matter connected with the proper discharge of its duties. Any member of the board may administer the oath. [Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-5-27 Subpoena power

Sec. 27. A county election board may subpoena persons and papers and compel the witnesses to answer under oath any questions that properly come before the board. [Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-5-28 Service of process

Sec. 28. The sheriff of a county, for a general election, and the chief law enforcement officer of a municipality, for a municipal election, shall serve all processes issued by a county election board. [Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-5-29 Refusal of person to attend or testify; court order; contempt

Sec. 29. If a person subpoenaed by a county election board refuses to attend or testify, the board shall report that fact to a circuit or superior court of the county. The court shall order the witness to attend and testify. If the witness fails or refuses to obey the order, the witness shall be held in contempt. [Pre-1986 Recodification Citations: 3-1-4-7 part; 3-4-5-16 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-5-30 Witness fees

Sec. 30. A witness who is subpoenaed by a county election board is entitled to be paid the same mileage and fee to which witnesses in court actions are entitled. Mileage and fees shall be paid as other election expenses are paid. [Pre-1986 Recodification Citation: 3-1-4-7 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-5-31 Election law violations; investigation; action by board

Sec. 31. If a county election board determines that there is substantial reason to believe an election law violation has occurred, it shall expeditiously make an investigation. If in the judgment of the board, after affording due notice and an opportunity for a hearing, a person has engaged or is about to engage in an act or practice that constitutes or will constitute a violation of a provision of this title or of a rule or order issued under this title, the board shall take the action it considers appropriate under the circumstances, including referring the matter to the attorney general or the appropriate prosecuting attorney. [Pre-1986 Recodification Citation: 3-4-5-18 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-5-32 Civil action by attorney general or prosecuting attorney; injunctions

Sec. 32. Upon referral under section 31 of this chapter, the attorney general or prosecuting attorney shall institute on behalf of the state a civil action for relief, including a permanent or temporary injunction, restraining order, or other appropriate order in a circuit or superior court in the county in which the person is found, resides, or transacts business. Upon a proper showing that the person has engaged or is about to engage in the act or practice described by section 31 of this chapter, the court shall grant a permanent or temporary injunction, restraining order, or other order without bond. [Pre-1986 Recodification Citation: 3-4-5-18 part.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-5-33 Assistance by law enforcement officers

Sec. 33. The county sheriff, the chief law enforcement officer of a municipality within the county, and other law enforcement officers shall assist a county election board, upon request, in the enforcement of the election laws and the discharge of its duties, including the use of police radio and telephone service on election days. [Pre-1986 Recodification Citation: 3-1-4-6.] As added by P.L.5-1986, SEC.2.

Ind. Code § 3-6-5-34 Appeal of county election board decision; time to file

Sec. 34. Except as expressly provided by statute, an appeal may be taken from a decision of a county election board to the circuit court, superior court, or probate court. An appeal taken under this section must be filed not later than thirty (30) days after the board makes the decision subject to the appeal. As added by P.L.230-2005, SEC.7. Amended by P.L.84-2016, SEC.3.

Ind. Code § 3-6-5-35 Failure to perform duty as precinct election officer, absentee voter board member, or absentee ballot counter; removal; assessment of civil penalty

Sec. 35. (a) An individual who knowingly, recklessly, or negligently fails to perform a duty as: (1) a precinct election officer; (2) an absentee voter board member; or (3) an absentee ballot counter; as required by this title is subject to a civil penalty under this section in addition to any other penalty imposed. (b) If the county election board determines, by unanimous vote of the entire membership of the board, that an individual serving in a position described in subsection (a) has failed to perform a duty required by this title, the board: (1) may remove the individual from that position; and (2) if the individual is removed, shall assess the individual a civil penalty of not more than five hundred dollars ($500). (c) A civil penalty assessed under this section may be deducted from any compensation that the individual may otherwise be entitled to under IC 3-6-6. As added by P.L.230-2005, SEC.8. Amended by P.L.278-2019, SEC.9; P.L.227-2023, SEC.15.

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