1. (a) If the inspector finds under section 15 of this chapter that any of the following applies, a ballot may not be accepted or counted:

   1. (1) The affidavit is insufficient or the ballot has not been endorsed with the initials of:

      1. (A) the two (2) members of the absentee voter board in the office of the circuit court clerk under IC 3-11-4-19 or section 27 of this chapter;
      2. (B) the two (2) members of the absentee voter board visiting the voter under section 25(b) of this chapter; or
      3. (C) the two (2) appointed members of the county election board or their designated representatives under IC 3-11-4-19 .
   2. (2) A copy of the voter's signature has been furnished to the precinct election board and that the signatures do not correspond or there is no signature.
   3. (3) The absentee voter is not a qualified voter in the precinct.
   4. (4) The absentee voter has not registered.
   5. (5) The ballot is open or has been opened and resealed. This subdivision does not permit an absentee ballot transmitted by fax or electronic mail under IC 3-11-4-6 to be rejected because the ballot was sealed in the absentee ballot envelope by the individual designated by the circuit court to receive absentee ballots transmitted by fax or electronic mail.
   6. (6) The ballot envelope contains more than one (1) ballot of any kind for the same office or public question.
   7. (7) In the case of a primary election, if the absentee voter has not previously voted, the voter failed to execute the proper declaration relative to age and qualifications and the political party with which the voter intends to affiliate.
   8. (8) The ballot has been challenged and there is no absentee ballot application from the voter to support the absentee ballot.

2. (b) Subsection (c) applies whenever a voter with a disability is unable to make a signature:

   1. (1) on an absentee ballot application that corresponds to the voter's signature in the records of the county voter registration office; or

   2. (2) on an absentee ballot secrecy envelope that corresponds with the voter's signature:

      1. (A) in the records of the county voter registration office; or
      2. (B) on the absentee ballot application.

3. (c) The voter may request that the voter's signature or mark be attested to by:

   1. (1) the absentee voter board under section 25(b) of this chapter;
   2. (2) a member of the voter's household; or
   3. (3) an individual serving as attorney in fact for the voter.

4. (d) An attestation under subsection (c) provides an adequate basis for an inspector to determine that a signature or mark complies with subsection (a)(2).

   [Pre-1986 Recodification Citation: 3-1-22-12(b).]

As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.262; P.L.3-1997, SEC.304; P.L.38-1999, SEC.45; P.L.126-2002, SEC.69; P.L.1-2003, SEC.5; P.L.198-2005, SEC.11; P.L.225-2011, SEC.60; P.L.194-2013, SEC.59.