§ 1

Ind. Code § 3-11.7-2-1

Certain voters entitled to vote provisional ballot; notice to voter

As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.171; P.L.164-2006, SEC.121; P.L.219-2013, SEC.61; P.L.128-2015, SEC.201; P.L.65-2024, SEC.30.

  1. (a) As provided by 52 U.S.C. 21082, this section applies to the following individuals:

    1. (1) An individual:

      1. (A) whose name does not appear on the registration list; and
      2. (B) who is challenged under IC 3-10-1 or IC 3-11-8 after the voter makes an oral or a written affirmation under IC 3-7-48-5 or IC 3-7-48-7 or after the voter produces a certificate of error under IC 3-7-48-1 .
    2. (2) An individual described by IC 3-10-1-10.5 , IC 3-11-8-23.5 , or IC 3-11-8-27.5 who is challenged as not eligible to vote.
    3. (3) An individual who seeks to vote in an election as a result of a court order (or any other order) extending the time established for closing the polls under IC 3-11-8-8 .

  2. (b) As required by 52 U.S.C. 21083, a voter who has registered to vote but has not:

    1. (1) presented identification required under 52 U.S.C. 21083 to the poll clerk before voting in person under IC 3-11-8-25.1 ; or

    2. (2) filed a copy of the identification required under 52 U.S.C. 21083 to the county voter registration office before the voter's absentee ballot is cast;

      is entitled to vote a provisional ballot under this article.

  3. (c) A voter who has registered to vote but has not:

    1. (1) presented documentation required under IC 3-7-33-4.7 to the poll clerk before voting in person; or

    2. (2) filed a copy of the identification required under IC 3-7-33-4.7 with the county voter registration office before the voter's absentee ballot is cast;

      is entitled to vote a provisional ballot under this article.

  4. (d) A precinct election officer shall inform an individual described by subsection (a)(1) or (a)(2) that the individual may cast a provisional ballot if the individual:

    1. (1) is eligible to vote under IC 3-7-13-1 ;
    2. (2) submitted a voter registration application during the registration period described by IC 3-7-13-10 ; and
    3. (3) executes an affidavit described in IC 3-10-1-9 or IC 3-11-8-23 .
  5. (e) A precinct election officer shall inform an individual described by subsection (a)(3) that the individual may cast a provisional ballot.

As added by P.L.126-2002, SEC.87. Amended by P.L.209-2003, SEC.171; P.L.164-2006, SEC.121; P.L.219-2013, SEC.61; P.L.128-2015, SEC.201; P.L.65-2024, SEC.30.

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