Sec. 27. (a) This section does not apply to a ballot mailed to a voter under this chapter.

     (b) Subject to IC 3-5-4-9, before a ballot is voted under section 25 of this chapter before an absentee voter board, it must bear the circuit court clerk‘s official seal and signature or facsimile signature and be initialed by the absentee voter board visiting the voter under section 25(b) of this chapter (except in a county subject to subsection (e)).

     (c) Subject to IC 3-5-4-9, before a ballot is:

(1) voted under section 26 or 26.3 of this chapter; or

(2) placed in a secrecy envelope if it has been marked using a marking device for an optical scan ballot;

the ballot must bear the circuit court clerk’s official seal and signature or facsimile signature. The absentee ballot must be initialed by both absentee voter board members, or subject to subsection (e), the county election board or the board’s designated representatives under IC 3-11-4-19. In a county that provides a ballot marking device described in IC 3-11-13-7.5 for a voter to mark the voter’s ballot while voting under section 26 or 26.3 of this chapter, the initials of the absentee voter board may be applied after the ballot has been marked by the voter and in a manner where the absentee voter board cannot see how the voter marked the voter’s ballot.

     (d) An absentee voter board member or county election board member or the member’s representative shall not place the individual’s initials on the absentee ballot:

(1) until after the voter’s application for that ballot has been approved; or

(2) more than twenty-four (24) hours before the absentee ballot is provided to the voter.

A ballot initialed under this subsection must be under the control of two (2) individual members or representatives of opposite political parties until the ballot is provided to the voter.

     (e) A county election board may adopt a resolution providing that the absentee ballots to be voted before an absentee voter board visiting the voter under section 25(b) of this chapter must be initialed by the county election board or the board’s representatives under IC 3-11-4-19 and not by the absentee voter board visiting the voter. A resolution adopted under this subsection remains in effect until rescinded by the county election board. The election board may not rescind the resolution during the final sixty (60) days before an election.

     (f) The initials must be:

(1) in ink on the back of the ballot, in the person’s ordinary handwriting or printing, and without a distinguishing mark of any kind; or

(2) in a vote center county using an electronic poll list:

(A) printed on the back of the ballot by a printer separate from the electronic poll list, immediately before the ballot is delivered to the voter; and

(B) the initials of the county election board or the board’s representatives captured through the electronic signature pad or tablet at the time the county election board or the board’s representatives log into the electronic poll book system.

     (g) A resolution adopted under subsection (e) may also provide that a precinct designation is not required to be preprinted on absentee ballots printed immediately before the ballot is delivered to a voter, but may be added in the same manner as the initials of the county election board or the board’s representatives under IC 3-11-4-19 are added under subsection (f).

     (h) No other initialing of the absentee ballot is necessary.

[Pre-1986 Recodification Citation: 3-1-22-21(b) part.]

As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.20; P.L.3-1987, SEC.266; P.L.10-1988, SEC.115; P.L.4-1991, SEC.99; P.L.3-1993, SEC.153; P.L.3-1997, SEC.308; P.L.126-2002, SEC.73; P.L.263-2003, SEC.3; P.L.13-2014, SEC.3; P.L.55-2014, SEC.5; P.L.169-2015, SEC.124; P.L.157-2019, SEC.24; P.L.193-2021, SEC.47; P.L.227-2023, SEC.85.