Ind. Code ch. 3-6-4.2

in effect

Ind. Code § 3-6-4.2-1 Establishment

Sec. 1. The election division is established within the office of the secretary of state. As added by P.L.8-1995, SEC.19.

Ind. Code § 3-6-4.2-2 Administration

Sec. 2. (a) The secretary of state shall perform all ministerial duties related to the administration of elections by the state. (b) The election division shall assist the commission and the secretary of state in the administration of this title. As added by P.L.8-1995, SEC.19. Amended by P.L.3-1997, SEC.29.

Ind. Code § 3-6-4.2-2.5 Election division to assist secretary of state in HAVA administration

Sec. 2.5. The election division shall assist the secretary of state in the implementation of HAVA. As added by P.L.209-2003, SEC.8.

Ind. Code § 3-6-4.2-3 Co-directors

Sec. 3. (a) The governor shall appoint two (2) co-directors for the election division who shall do the following: (1) Carry out the policies, decisions, and recommendations of the commission. (2) Maintain an office for the election division. (b) The co-directors may not be members of the same political party. (c) The co-directors have equal authority and responsibilities under this title. However, if the co-directors are unable to resolve a dispute between themselves regarding: (1) the commission's or the election division's budget; (2) the commission's or the election division's expenditures; or (3) contracts to which the commission or the election division is a party; the secretary of state may decide the matter. A decision by the secretary of state regarding the matter is final. (d) The co-directors must: (1) be classified the same under the state's personnel system; and (2) except for differences due to years of service as co-directors, receive the same compensation. As added by P.L.8-1995, SEC.19. Amended by P.L.153-2013, SEC.1; P.L.219-2013, SEC.4; P.L.32-2021, SEC.1.

Ind. Code § 3-6-4.2-3.2 Co-directors; terms

Sec. 3.2. A co-director serves a term of four (4) years, beginning January 1, 2019, and continuing until the co-director's successor has been appointed and qualified. As added by P.L.3-1997, SEC.30. Amended by P.L.278-2019, SEC.6.

Ind. Code § 3-6-4.2-4 Employees

Sec. 4. The co-directors shall employ other employees as necessary in the execution of the powers and duties of the election division. As added by P.L.8-1995, SEC.19. Amended by P.L.216-2015, SEC.1.

Ind. Code § 3-6-4.2-5 Political affiliation of employees

Sec. 5. The employees of the election division must be divided equally between the major political parties of the state. As added by P.L.8-1995, SEC.19.

Ind. Code § 3-6-4.2-5.5 Rights of individuals who serve as co-director or employee on December 31, 1996

Sec. 5.5. An individual who, on December 31, 1996, serves as a co-director or an employee of the commission, serves as a co-director or an employee of the election division after December 31, 1996, with all the rights, duties, and conditions of employment the individual had as a co-director or an employee of the commission before January 1, 1997. As added by P.L.220-2011, SEC.12.

Ind. Code § 3-6-4.2-6 Number of employees

Sec. 6. Subject to section 5 of this chapter, the co-directors may each employ an equal number of employees. As added by P.L.8-1995, SEC.19.

Ind. Code § 3-6-4.2-7 Funding for employees

Sec. 7. Equal funding shall be provided to each co-director with which to employ employees under section 6 of this chapter. As added by P.L.8-1995, SEC.19. Amended by P.L.66-2003, SEC.3.

Ind. Code § 3-6-4.2-8 Vacancy in co-director position

Sec. 8. (a) When a vacancy in a co-director position occurs, the secretary of state shall notify the governor and the state chairman of the political party of which the individual vacating the position is a member. (b) The state chairman may submit to the governor in writing, within thirty (30) days after notice of the vacancy, the names of two (2) individuals to fill the vacancy. If the state chairman submits the names of two (2) individuals within the thirty (30) day period, the governor shall appoint one (1) of the two (2) individuals to fill the vacancy. If the state chairman fails to submit the names of two (2) individuals within the thirty (30) day period, the governor shall, within another ten (10) days, appoint an individual of the same political party as the state chairman to fill the vacancy. (c) If a state chairman fails to submit in writing the name of a qualified successor within thirty (30) days after the state chairman is notified by the secretary of state of a vacancy, the governor shall: (1) appoint a member of the political party of the state chairman to fill the vacancy; and (2) notify the state chairman of the selection. (d) The state chairman may disapprove the selection by notifying the governor within seven (7) days after receiving notice of the governor's appointment. If the state chairman disapproves the selection within the seven (7) day period, the governor shall make another appointment under subsection (b) which is subject to disapproval of the state chairman under this subsection. If the state chairman does not disapprove the appointment within the seven (7) day period, the individual appointed by the governor shall be employed as the co-director. As added by P.L.8-1995, SEC.19.

Ind. Code § 3-6-4.2-9 Budget estimates

Sec. 9. The secretary of state shall submit biennial budget estimates for the commission and the election division in the manner and form required by law. Funds shall be expended only in the manner and form required by law. As added by P.L.8-1995, SEC.19.

Ind. Code § 3-6-4.2-10 Audits and investigations

Sec. 10. (a) An audit or investigation authorized by the commission concerning administration of election laws shall be conducted by at least two (2) state employees divided equally between the major political parties of the state. (b) Notwithstanding subsection (a) or any statutory provisions to the contrary, the co-directors shall assist in the following actions upon authorization of the commission: (1) A hearing or an investigation conducted by the commission under: (A) IC 3-7-11 (voter registration violations under NVRA or IC 3-7); or (B) IC 3-9-4-15 (campaign finance violations). (2) An examination or a test of a voting system for the commission. As added by P.L.8-1995, SEC.19. Amended by P.L.4-1996, SEC.12.

Ind. Code § 3-6-4.2-12 Duties

Sec. 12. The election division shall do the following: (1) Maintain complete and uniform descriptions and maps of all precincts in Indiana. (2) Promptly update the information required by subdivision (1) after each precinct establishment order is filed with the commission under IC 3-11-1.5. (3) Issue media watcher cards under IC 3-6-10-6. (4) Serve in accordance with 52 U.S.C. 20302(b) as the office in Indiana responsible for providing information regarding voter registration procedures and absentee ballot procedures to absent uniformed services voters and overseas voters. (5) As required by 52 U.S.C. 20302(c), submit a report to the federal Election Assistance Commission not later than ninety (90) days after each general election setting forth the combined number of absentee ballots: (A) transmitted to absent uniformed services voters and overseas voters for the election; and (B) returned by absent uniformed services voters and overseas voters and cast in the election. (6) Implement the state plan in accordance with the requirements of HAVA (52 U.S.C. 21001 through 52 U.S.C. 21006) and this title, and appoint members of the committee established under 52 U.S.C. 21005. (7) Submit reports required under 52 U.S.C. 21008 to the federal Election Assistance Commission concerning the use of federal funds under Title II, Subtitle D, Part I of HAVA. (8) Prescribe a uniform set of election and registration forms for use throughout Indiana, except when prescribed by this title. As added by P.L.3-1997, SEC.31. Amended by P.L.209-2003, SEC.9; P.L.221-2005, SEC.8; P.L.64-2014, SEC.5; P.L.128-2015, SEC.10; P.L.169-2015, SEC.9.

Ind. Code § 3-6-4.2-12.1 State HAVA plan; HAVA committee; membership; per diem; expenses

Sec. 12.1. (a) This section applies to the development, implementation, and amendment of the state plan under HAVA (52 U.S.C. 21001 through 52 U.S.C. 21006). (b) An individual appointed by the co-directors to serve on the committee established to develop the state plan to implement HAVA under 52 U.S.C. 21005 is entitled to receive the compensation or reimbursement provided under subsection (d) or (e). (c) For purposes of subsection (d), an individual who holds: (1) a state office is considered an employee of the state; or (2) an office of a political subdivision is considered an employee of the political subdivision. (d) Each member of the committee who is not a state employee or an employee of a political subdivision is entitled to receive both of the following: (1) The minimum salary per diem provided by IC 4-10-11-2.1(b). (2) Reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency. (e) Each member of the committee who is a state employee or an employee of a political subdivision is entitled to reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency. (f) The committee's expenses, including the payment of per diem and reimbursements under this section, shall be paid from the Section 101 account of the election administration assistance fund established under IC 3-11-6.5. As added by P.L.209-2003, SEC.10. Amended by P.L.128-2015, SEC.11.

Ind. Code § 3-6-4.2-12.5 Duty of secretary of state to apply for payments for accessibility of polling places to disabled voters; information regarding accessible polling places

Sec. 12.5. (a) As authorized under 52 U.S.C. 21021, the secretary of state shall apply to the Secretary of Health and Human Services for payments under the HAVA (52 U.S.C. 21021 through 52 U.S.C. 21025) to do the following: (1) Make polling places (including the path of travel, entrances, exits, and voting areas of each polling place) more accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as other voters. (2) Provide individuals with disabilities and other individuals described in subdivision (1) with information about the accessibility of polling places, including outreach programs to inform the individuals about the availability of accessible polling places and training election officials, poll workers, and election volunteers on how best to promote the access and participation of individuals with disabilities in elections. (b) If the secretary of state receives payments from the Secretary of Health and Human Services under 52 U.S.C. 21021 through 52 U.S.C. 21025, the election division shall expend the money as described in the application submitted under 52 U.S.C. 21023. As added by P.L.209-2003, SEC.11. Amended by P.L.153-2013, SEC.2; P.L.128-2015, SEC.12.

Ind. Code § 3-6-4.2-13 Assistance from state police department

Sec. 13. (a) The state police department and all state police officers shall assist the election division, on request, in the enforcement of the election laws and the discharge of the election division’s duties, including the use of state police radio and telephone service on election days. (b) The state police department or a state police officer may not supplant or interfere with a local law enforcement officer or precinct election officer in the discharge of official duties. As added by P.L.3-1997, SEC.32.

Ind. Code § 3-6-4.2-14 County election officials instructional meeting; contents; compensation and expenses

Sec. 14. (a) Each year in which a general or municipal election is held, the election division shall call a meeting of all the members of the county election boards, the boards of registration (subject to IC 3-7-12), and the boards of elections and registration (as defined in IC 3-5-2.1-12) to instruct them regarding all of the following: (1) Their duties under this title and federal law (including HAVA and NVRA). (2) Requirements and best practices concerning cybersecurity for the computerized list, voting systems, and electronic poll books. (3) Physical security for all aspects of the election process, including voting systems, electronic poll books, absentee voting, and polling places. (4) Requirements and best practices to ensure that voting systems, precinct polling places, and vote centers are accessible to voters with disabilities. (5) Best practices in answering voters' questions on how to vote, including providing instructions to voters on straight ticket voting. (b) The election division may call a meeting under this section: (1) during a year in which a general or a municipal election is not held; and (2) at other times when the election division determines that doing so is necessary or desirable. (c) Each circuit court clerk, each member of a board of registration established under IC 3-7-12, and each director, assistant director, or co-director of a board of elections and registration shall attend a meeting called by the election division under this section. A member of a county election board may attend a meeting called by the election division under this section. A circuit court clerk, member of a board of registration, or member of a board of elections and registration may require the attendance of the following: (1) Each of the circuit court clerk's, board of registration member's, or board of elections and registration member's appointed and acting chief deputies or chief assistants with election related responsibilities. (2) If the number of deputies or assistants: (A) is not more than three (3), one (1) of the clerk's or member's appointed and acting deputies or assistants; or (B) is greater than three (3), two (2) of the clerk's or member's appointed and acting deputies or assistants. (d) The election division shall set the time and place of the instructional meeting. In years in which a primary election is held, the election division: (1) may conduct the meeting before the first day of the year; and (2) shall conduct the meeting before primary election day. The instructional meeting may not last for more than three (3) days. (e) Each individual who attends the meeting under subsection (c) and an individual who has been elected or selected to serve as circuit court clerk but has not yet begun serving in that office is entitled to receive all of the following from the county general fund without appropriation: (1) A sum for mileage at a rate determined by the fiscal body of the unit the official represents for each mile necessarily traveled in going to and returning from the meeting by the most expeditious route. Regardless of the duration of the conference, only one (1) mileage reimbursement shall be allowed to the official furnishing the conveyance even if the official transports more than one (1) person. (2) An allowance for lodging for each night preceding conference attendance in an amount equal to the single room rate. However, lodging expense, in the case of a one (1) day conference, shall only be allowed for persons who reside fifty (50) miles or farther from the conference location. (3) Reimbursement of an official, a deputy, or an assistant in an amount determined by the fiscal body of the unit the official, deputy, or assistant represents, for meals purchased while attending a conference called under this section. (f) The election division shall certify the number of days of attendance and the mileage for each conference to each official, deputy, or assistant attending any conference under this section. (g) All payments of mileage and lodging shall be made by the proper disbursing officer in the manner provided by law on a duly verified claim or voucher to which shall be attached the certificate of the election division showing the number of days attended and the number of miles traveled. All payments shall be made from the county general fund from any money not otherwise appropriated and without any previous appropriation being made therefore. (h) A claim for reimbursement under this section may not be denied by the body responsible for the approval of claims if the claim complies with IC 5-11-10-1.6 and this section. As added by P.L.3-1997, SEC.33. Amended by P.L.38-1999, SEC.5; P.L.26-2000, SEC.2; P.L.209-2003, SEC.12; P.L.120-2009, SEC.2; P.L.278-2019, SEC.7; P.L.141-2020, SEC.3; P.L.131-2022, SEC.1; P.L.11-2023, SEC.2; P.L.141-2023, SEC.2; P.L.227-2023, SEC.11; P.L.186-2025, SEC.12.

Ind. Code § 3-6-4.2-15 Fees

Sec. 15. (a) The election division shall charge the following fees for providing products and services: (1) For attendance at a meeting called under section 14 of this chapter, four hundred dollars ($400), with a late fee of fifty dollars ($50) if the fee is paid after a date specified by the election division. (2) For a set of all election related publications provided at a meeting called under section 14 of this chapter, seventy dollars ($70). (3) For the election division's publication of the Indiana election code, related statutes, and legislative summaries, twenty dollars ($20), which includes any subsequent pocket part supplement to the Indiana election code. (4) For a map showing election districts or precincts produced by the election division, ten dollars ($10). (b) The election division may waive a fee imposed under this section. (c) Fees collected under this section shall be deposited in the election administrator's conference fund established by section 16 of this chapter. As added by P.L.240-2025, SEC.6.

Ind. Code § 3-6-4.2-16 Election administration's conference fund

Sec. 16. (a) The election administrator's conference fund is established for the purpose of conducting the instructional meeting required under section 14 of this chapter. The fund shall be administered by the election division. (b) The fund consists of the following: (1) Fees collected under section 15 of this chapter. (2) Interest deposited in the fund under subsection (f). (c) Money in the fund is continuously appropriated for purposes of this section. (d) The election division shall annually prepare a plan for the expenditure of the money in the fund. (e) Money in the fund may be spent to conduct the instructional meeting required under section 14 of this chapter. (f) The treasurer of state shall invest money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. (g) Money in the fund at the end of a state fiscal year reverts to the state general fund. As added by P.L.240-2025, SEC.7.

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