Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027.

Sec. 5. (a) This subsection does not apply to a ballot card voting system or an electronic voting system. Except as provided in subsection (d), a voting mark made by a voter on or in a voting square at the left of a candidate's name or political party's name shall be counted as a vote for the candidate or candidates of the political party.

1. (b) This subsection applies to a ballot card voting system. A voting mark made by a voter:

   1. (1) on or in a circle, oval, or square; or

   2. (2) to connect a connectable arrow;

      immediately below or beside a candidate's name or political party's name shall be counted as a vote for the candidate or candidates of the political party, except as provided in subsection (d).

2. (c) This subsection applies to a direct record electronic voting system. A voting mark made by a voter touching a touch sensitive point or button below or beside a candidate's name or political party's name shall be counted as a vote for the candidate or candidates of the political party, except as provided in subsection (d).

3. (d) A voter who wishes to cast a ballot for a candidate for election to a school board office or an at-large district to which more than one (1) person may be elected on a:

   1. (1) county council;
   2. (2) city common council;
   3. (3) town council; or

   4. (4) township board;

      must make a voting mark for each individual candidate for whom the voter wishes to cast a vote. A straight ticket voting mark on a paper ballot, ballot card voting system, or electronic voting system shall not be counted as a straight party ticket voting mark as a vote for any candidate for an office described by this subsection.

      [Pre-1986 Recodification Citation: 3-1-25-18(b).]

As added by P.L.5-1986, SEC.8. Amended by P.L.6-1986, SEC.35; P.L.219-2013, SEC.62; P.L.21-2016, SEC.22; P.L.278-2019, SEC.137; P.L.195-2025, SEC.14.