Section 3-11-4-17.5 - [Effective Until 7/1/2024] Consideration of application; determinations; denial of application; casting provisional ballot; filing additional documentation; transfer of registration(a) Upon receiving an application for an absentee ballot, the county election board (or the absentee voter board in the office of the circuit court clerk) shall determine if:(1) the applicant is a voter of the precinct in which the applicant resides, according to the records of the county voter registration office;(2) the information set forth on the application appears to be true;(3) the signature of the voter on the application substantially conforms with the signature of the voter on the voter registration record, or that any substantial difference between the signatures can be accounted for by age or disability of the voter or the execution of the affidavit by an individual acting under section 2(b) of this chapter; and(4) the application has been completed and filed in accordance with Indiana and federal law. If the members of the absentee voter board are unable to agree about any of the determinations described in subdivisions (1) through (4), the issue shall be referred to the county election board for determination. If the application is submitted by a voter wanting to cast an absentee ballot under IC 3-11-10-26, IC 3-11-10-26.2, or IC 3-11-10-26.3, the voter shall be permitted to cast a provisional ballot, which the county election board shall retain.
(b) If: (1) the applicant is not a voter of the precinct according to the registration record; or(2) the application as completed and filed: (A) contains a false statement; or(B) does not otherwise comply with Indiana or federal law; as alleged under section 18.5 of this chapter, the county election board shall deny the application.
(c) A voter's failure to provide the information requested under section 5.1 of this chapter does not affect a voter's ability to receive an absentee ballot. A county election board may not deny an application because the voter has not provided the information requested under section 5.1 of this chapter as a part of the voter's application for an absentee ballot. The county election board shall implement the procedures prescribed by section 17.6 of this chapter if the voter fails to provide the information requested under section 5.1 of this chapter.(d) If the application is denied, the county election board shall provide the voter with the reasons for the denial of the application. Unless the voter is present when the board denies the application, the board shall send a written notice stating the reasons for the denial to the voter. The notice must be sent:(1) not later than forty-eight (48) hours after the application is denied; and(2) to the voter: (A) at the address at which the voter requested that the absentee ballot be mailed;(B) to the voter's electronic mail address, if the voter has provided an electronic mail address on the voter's absentee ballot application; or(C) by personal delivery of the notice.(e) If the county election board determines that the applicant is a voter of the precinct under subsection (a), the board shall then determine whether:(1) the applicant was required to file any additional documentation under IC 3-7-33-4.5; and(2) the applicant has filed this documentation according to the records of the county voter registration office. If the applicant has not filed the required documentation, the county election board shall approve the application if the application otherwise complies with this chapter. The board shall add a notation to the application and to the record compiled under section 17 of this chapter indicating that the applicant will be required to provide additional documentation to the county voter registration office under IC 3-7-33-4.5 before the absentee ballot may be counted.
(f) If the applicant: (1) is a voter of the precinct according to the registration record; and(2) states on the application that the applicant resides at an address that is within the same precinct but is not the same address shown on the registration record; the county election board shall direct the county voter registration office to transfer the applicant's voter registration address to the address within the precinct shown on the application. The applicant's application for an absentee ballot shall be approved if the applicant is otherwise eligible to receive the ballot under this chapter.
Amended by P.L. 140-2023,SEC. 6, eff. 7/1/2023.Amended by P.L. 193-2021,SEC. 38, eff. 7/1/2021.Amended by P.L. 109-2021,SEC. 24, eff. 7/1/2021.Amended by P.L. 157-2019,SEC. 12, eff. 7/1/2019.Amended by P.L. 128-2015, SEC. 161, eff. 5/4/2015, retroactive.Amended by P.L. 64-2014, SEC. 43, eff. 3/24/2014.Amended by P.L. 194-2013, SEC. 54, eff. 7/1/2013.Amended by P.L. 121-2012, SEC. 4, eff. 7/1/2012.As added by P.L. 3-1997, SEC.279. Amended by P.L. 209-2003, SEC.114; P.L. 103-2005, SEC.5; P.L. 164-2006, SEC.92.This section is set out more than once due to postponed, multiple, or conflicting amendments.