Sec. 16. (a) If an election board determines that a ballot printed under the authority of the election board does not comply with a requirement imposed by this title or contains any other error or omission that might result in confusion or mistakes by voters, the board shall:
(1) reprint or correct the ballot; or
(2) conduct a public hearing concerning the defective ballots.
(b) The board may conduct the hearing after informing each political party, ticket, or candidate that the board determines may have an interest in the matter.
(c) At the hearing, the board shall hear any testimony offered by a person concerning the defective ballots and shall make findings of fact concerning the following:
(1) The number of ballots, if any, containing the error or omission that have already been cast.
(2) The cost of correcting the error through the use of reprinted ballots or any other suitable method.
(3) Whether the error or omission would be likely to cause confusion or mistakes by voters.
(4) Whether any voter objects to the use of the ballots, notwithstanding the error or omission.
(d) If:
(1) a voter does not file a written objection to the use of the ballots with the board before the board concludes the hearing; and
(2) the board determines that the use of the ballots would not be likely to cause confusion or mistakes by voters;
the board shall authorize the use of the defective ballots, notwithstanding the error or omission.
(e) If:
(1) a voter files a written objection to the use of the ballots with the board before the board concludes the hearing; or
(2) the board determines that the use of the ballots would be likely to cause confusion or mistakes by voters;
the board shall order the ballots to be reprinted or altered to conform with the requirements of this title.
(f) If the board acts under subsection (a) or (e), a voter who has already voted a defective ballot by absentee ballot is entitled to recast the voter's ballot in accordance with IC 3-11.5-4-2. Notwithstanding the issuance of an order under subsection (e), a defective ballot shall be counted if the intent of the voter can be determined and the ballot would otherwise be counted under IC 3-12-1.
As added by P.L.3-1993, SEC.118. Amended by P.L.3-1997, SEC.264; P.L.225-2011, SEC.52; P.L.194-2013, SEC.45; P.L.278-2019, SEC.58.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.