Sec. 17. (a) This section applies only to an absentee ballot sent by mail.

     (b) Notwithstanding IC 3-11.5-4-7, an absentee ballot received from an overseas voter is not considered as arriving too late if both of the following apply:

(1) The absentee ballot envelope is postmarked not later than the date of the election.

(2) The absentee ballot is received not later than noon ten (10) days following the election.

     (c) If the postmark on the absentee ballot envelope is unclear, the county election board, by unanimous vote of the entire membership of the board, determines the postmark date. If the board is unable to determine the postmark date, the absentee ballot may not be counted.

As added by P.L.164-2006, SEC.125. Amended by P.L.64-2014, SEC.70; P.L.76-2014, SEC.54; P.L.278-2019, SEC.139.