1. (a) This section applies to:

   1. (1) a municipal election;
   2. (2) a primary conducted in a municipal election year; and
   3. (3) a special election conducted under IC 3-10-8 .
2. (b) Notwithstanding section 26 of this chapter, a county election board (or a town election board acting under IC 3-10-7 ) may adopt a resolution by the unanimous vote of the board's entire membership stating that voters are entitled to vote by absentee ballot before an absentee voter board in the office of the circuit court clerk or town election board during specific days and hours identified in the resolution.

3. (c) If the election board adopts a resolution under subsection (b), the board must include written findings of fact in the resolution stating:

   1. (1) the number of absentee ballot applications anticipated or previously received for the election;
   2. (2) the expense to be incurred by providing absentee ballot voting in the office during the entire period required under section 26 of this chapter; and
   3. (3) that voters would experience little or no inconvenience by restricting absentee ballot voting in the office to the days and hours specified in the resolution.

4. (d) This subsection does not apply to an absentee ballot challenged under IC 3-11-4-18.5 until the challenge has been decided by the election board. If the election board adopts a resolution under subsection (b), an absentee ballot requested to be mailed to a voter shall be mailed:

   1. (1) on the first business day that a voter is entitled to vote by absentee ballot before an absentee voter board in the office of the election board following receipt of the voter's application;
   2. (2) not more than five (5) days after the date of delivery of the ballots under IC 3-11-4-15 ; or

   3. (3) on the day of the receipt of the voter's application;

      whichever is the latest.

5. (e) This subsection does not apply to an absentee ballot application challenged under IC 3-11-4-18.5 until the challenge has been decided by the election board. If the absentee ballot is requested by an absent uniformed services voter or an overseas voter, the absentee ballot shall be transmitted:

   1. (1) not more than five (5) days after the date of delivery of the ballots under IC 3-11-4-15 ; or

   2. (2) on the day of the receipt of the voter's application;

      whichever is later.

As added by P.L.3-1995, SEC.108. Amended by P.L.194-2013, SEC.63; P.L.219-2013, SEC.49.