Indiana Code 3-11.7-2-1. Certain voters entitled to vote provisional ballot; notice to voter
(1) An individual:
Terms Used In Indiana Code 3-11.7-2-1
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
(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) 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) 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.
(b) As required by 52 U.S.C. § 21083, a voter who has registered to vote but has not:
(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) 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.
(c) A voter who has registered to vote but has not:
(1) presented documentation required under IC 3-7-33-4.7 to the poll clerk before voting in person; or
(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.
(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) is eligible to vote under IC 3-7-13-1;
(2) submitted a voter registration application during the registration period described by IC 3-7-13-10; and
(3) executes an affidavit described in IC 3-10-1-9 or IC 3-11-8-23.
(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.