Sec. 23. (a) Not later than noon fifty (50) days before election day, each county election board shall notify the county chairmen of the two (2) political parties that have appointed members on the county election board of the number of:

(1) absentee voter boards;

(2) teams of absentee ballot counters; and

(3) teams of couriers;

to be appointed under section 22 of this chapter.

     (b) The county chairmen shall make written recommendations for the appointments to the county election board not later than forty-six (46) days before election day. The county election board shall make the appointments as recommended.

     (c) If a county chairman fails to make any recommendations, then the county election board may appoint any voters of the county who comply with section 22 of this chapter.

     (d) The county election board may permit an individual who is not a voter to serve as an absentee board member, other than a member of a board under IC 3-11-10-25, an absentee ballot counter, or a courier if the individual:

(1) satisfies the requirements under IC 3-6-6-39; and

(2) is approved by the unanimous vote of the entire membership of the county election board.

     (e) An individual appointed to serve as an absentee board member, other than the member of a board under IC 3-11-10-25, an absentee ballot counter or a courier under subsection (d), while serving as an absentee ballot counter or courier:

(1) is not required to obtain an employment certificate under IC 22-2-18 (before its expiration on June 30, 2021); and

(2) is not subject to the limitations on time and duration of employment under IC 22-2-18 (before its expiration on June 30, 2021) or IC 22-2-18.1.

     (f) The county election board is not required to register as an employer under IC 22-2-18.1.

     (g) When the county election board makes an appointment under this section and the individual accepts the appointment by swearing the oath of office required under this title, a contract is created between the county election board and the individual in which the county election board retains the services of the appointed individual as an independent contractor.

     (h) For purposes of Article 2, § 9 of the Constitution of the State of Indiana, the position of:

(1) member of an absentee voter board;

(2) member of an absentee ballot counter team; or

(3) member of a courier team;

is not a lucrative office.

As added by P.L.3-1993, SEC.176 and P.L.19-1993, SEC.2. Amended by P.L.3-1995, SEC.118; P.L.38-1999, SEC.55; P.L.14-2004, SEC.142; P.L.74-2017, SEC.56; P.L.201-2017, SEC.33; P.L.147-2020, SEC.2; P.L.109-2021, SEC.65; P.L.153-2024, SEC.21.