1. (a) A voter voting by absentee ballot shall make and subscribe to the affidavit prescribed by IC 3-11-4-21 . The voter then shall, except as provided in subsection (b), do the following:

   1. (1) Mark the ballot in the presence of no other person.
   2. (2) Fold each ballot separately.
   3. (3) Fold each ballot so as to conceal the marking.
   4. (4) Enclose each ballot, with the seal and signature of the circuit court clerk on the outside, together with any unused ballot, in the envelope provided.
   5. (5) Securely seal the envelope.
   6. (6) Return the envelope as permitted by section 24(e) of this chapter.

2. (b) A voter permitted to transmit the voter's absentee ballots by fax or electronic mail under IC 3-11-4-6 is not required to comply with subsection (a). The individual designated by the circuit court clerk to receive absentee ballots transmitted by fax or electronic mail shall do the following upon receipt of an absentee ballot transmitted by fax:

   1. (1) Note the receipt of the absentee ballot in the records of the circuit court clerk as other absentee ballots received by the circuit court clerk are noted.
   2. (2) Fold each ballot received from the voter separately so as to conceal the marking.
   3. (3) Enclose each ballot in a blank absentee ballot envelope.
   4. (4) Securely seal the envelope.
   5. (5) Mark on the envelope: "Absentee Ballot Received by Fax or Electronic Mail".
   6. (6) Securely attach to the envelope the faxed affidavit received with the voter's absentee ballots.

3. (c) Except as otherwise provided in this title, absentee ballots received by fax or electronic mail shall be handled and processed as other absentee ballots received by the circuit court clerk are handled and processed.

   [Pre-1986 Recodification Citation: 3-1-22-7 part.]

As added by P.L.5-1986, SEC.7. Amended by P.L.4-1996, SEC.68; P.L.126-2002, SEC.61; P.L.103-2005, SEC.9; P.L.198-2005, SEC.7; P.L.157-2019, SEC.21; P.L.227-2023, SEC.81.