Indiana Code 3-11.7-5-1.7. Effect of affidavit evidence on counting provisional ballot
(1) The provisional ballot was cast by the voter under a court order extending the hours that the polls were open.
Terms Used In Indiana Code 3-11.7-5-1.7
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(3) The provisional ballot was cast by the voter after the voter was challenged solely due to the voter being unable or declining to provide proof of identification.
(4) The provisional ballot was cast by the voter after the voter was challenged solely due to the voter’s failure to provide additional documentation.
(b) If the only evidence before the county election board on the question of counting of the provisional ballot cast by the voter is:
(1) the affidavit of the voter who cast the provisional ballot; and
(2) the affidavit of a challenger challenging the voter who cast the provisional ballot;
the provisional ballot shall be counted if the individual is a registered voter of that precinct.
As added by P.L.278-2019, SEC.133. Amended by P.L.141-2020, SEC.14; P.L.193-2021, SEC.77.