Sec. 5. (a) This section applies to a voter who:

(1) formerly resided in a precinct according to the voter registration record; and

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Terms Used In Indiana Code 3-7-48-5

  • 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.
(2) no longer resides in that precinct according to the voter registration record.

     (b) As provided under 52 U.S.C. § 20507(e)(3), a voter described by subsection (a) may vote in the precinct where the voter formerly resided (according to the voter registration record) if the voter makes an oral or a written affirmation to a member of the precinct election board that the voter continues to reside at the address shown as the voter’s former residence on the voter registration record.

     (c) A person entitled to make a written affirmation under subsection (b) may make an oral affirmation. The person must make the oral affirmation before the poll clerks of the precinct. After the person makes an oral affirmation under this subsection, the poll clerks shall:

(1) reduce the substance of the affirmation to writing at an appropriate location on the poll list; and

(2) initial the affirmation.

     (d) This subsection applies to a county that has adopted an order under Ind. Code § 3-7-29-6(a)(1) or is a vote center county under Ind. Code § 3-11-18.1. A voter described in subsection (a) may make a written affirmation described in this section on the affidavit prescribed by the election division under Ind. Code § 3-10-11-6. If the person makes an oral affirmation under this subsection, the poll clerks shall reduce the substance of the affirmation to writing by using the affidavit prescribed by the commission under Ind. Code § 3-10-11-6 and initial the affirmation.

     (e) A voter may also make a written affirmation under this section when applying for an absentee ballot.

As added by P.L.12-1995, SEC.58. Amended by P.L.64-2014, SEC.34; P.L.128-2015, SEC.144; P.L.169-2015, SEC.50; P.L.227-2023, SEC.34.