Sec. 28.1. (a) This section does not apply:

(1) to a ballot card voted by absentee ballot; or

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(2) in a county using an electronic poll book and a printer separate from the electronic poll book.

     (b) Except as provided in subsection (c), the two (2) poll clerks of each precinct shall place their initials in ink on the back of each ballot card:

(1) at the time the card is issued to a voter; or

(2) in the case of a ballot marked by a marking device for an optical scan ballot, before the ballot is placed into the tabulating device.

The initials must be in the poll clerks’ ordinary handwriting or printing and without a distinguishing mark of any kind.

     (c) In a county using an electronic poll list and a printer separate from the electronic poll list, the printed initials of the poll clerks captured through the electronic signature pad or tablet at the time the poll clerks log into the electronic poll book system may be printed by a printer separate from the electronic poll list on the back of each ballot card immediately before the ballot card is delivered to the voter.

     (d) Except as provided in IC 3-12-1-12, a ballot card is not valid unless, immediately before the ballot card is delivered to the voter:

(1) the ballot card is initialed by both poll clerks; or

(2) the initials of both poll clerks are printed on the back of the ballot card in accordance with subsection (c).

As added by P.L.76-2014, SEC.40. Amended by P.L.278-2019, SEC.108.