(a) Before issuing an order under this chapter, the court or entity must take evidence and make the following findings:
- (1) The polls were substantially delayed in opening at the time fixed by IC 3-11-8-8 .
- (2) The specific precincts or vote centers in which substantial delays occurred.
- (3) If a poll closed at any time during the hours specified by IC 3-11-8-8 , how long the polls were closed and in which precincts and vote centers the closing occurred.
- (4) Substantial evidence exists that voters were prevented from casting a ballot due to a delay or closure of the polls during the hours specified by IC 3-11-8-8 .
- (5) The actual harm determined can only be ameliorated by the extension of polling hours.
- (b) If the court is unable to make the applicable findings regarding a delay in opening or a subsequent closure of the polls described in subsection (a), the court shall not issue an order extending the polling hours specified under IC 3-11-8-8 .
As added by P.L.278-2019, SEC.136.