1. (a) As used in this section, "electioneering" means making a verbal statement, displaying a written statement indicating support or opposition to a candidate, political party, or public question appearing on the ballot, or wearing or displaying an article of clothing, sign, button, or placard that states:

   1. (1) the name of any political party or includes the name, picture, photograph, or other likeness of any candidate or currently elected federal, state, county, or local official; or
   2. (2) support for the approval or defeat of a public question.

2. (b) The term does not include expressing support or opposition to a candidate or a political party or expressing approval or disapproval of a public question in:

   1. (1) material mailed to a voter; or
   2. (2) a telephone or an electronic communication with a voter.

3. (c) A person who knowingly does any electioneering:

   1. (1) on election day within:

      1. (A) the polls; or
      2. (B) the chute;

   2. (2) before election day within:

      1. (A) the office of the circuit court clerk or a satellite office of the circuit court clerk established under IC 3-11-10-26.3 used by an absentee voter board to permit an individual to cast an absentee ballot; or
      2. (B) fifty (50) feet of the entrance to the office of the circuit court clerk or satellite office; or

   3. (3) except for a voter who is:

      1. (A) the person's spouse;
      2. (B) an incapacitated person (as defined in IC 29-3-1-7.5 ) for whom the person has been appointed the guardian (as defined in IC 29-3-1-6 ); or

      3. (C) a member of the person's household;

         in the presence of a voter whom the person knows possesses an absentee ballot provided to the voter in accordance with Indiana law;

         commits a Class A misdemeanor.

As added by P.L.5-1986, SEC.10. Amended by P.L.3-1997, SEC.405; P.L.66-2003, SEC.52; P.L.14-2004, SEC.177; P.L.103-2005, SEC.35; P.L.164-2006, SEC.132; P.L.194-2013, SEC.98; P.L.209-2021, SEC.11.