Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 3-10-10
     Chapter 10. Special Procedures for Presidential Elections

IC 3-10-10-1
Purpose of chapter
    
Sec. 1. This chapter is enacted to implement 42 U.S.C. 1973aa concerning voting for President and Vice President of the United States.
As added by P.L.12-1995, SEC.68.

IC 3-10-10-2
Applicability of chapter
    
Sec. 2. Notwithstanding other provisions in IC 3-7 concerning residency requirements for voting, special procedures apply for voting in presidential elections. The presidential voting procedures in this chapter apply only to a general election at which electors for President and Vice President of the United States are voted upon.
As added by P.L.12-1995, SEC.68.

IC 3-10-10-3
Conditions for applicability of voting procedures
    
Sec. 3. The presidential voting procedures in this chapter apply to a person who satisfies all of the following conditions:
        (1) The person resided in a precinct in Indiana.
        (2) The person lost residency in Indiana less than thirty (30) days before the general election.
        (3) The person was a qualified and registered voter while a resident of that precinct.
        (4) The person is otherwise legally qualified to vote.
        (5) The person does not meet the residency requirements of the state, precinct, or political subdivision in which the person resides.
As added by P.L.12-1995, SEC.68. Amended by P.L.194-2013, SEC.35.

IC 3-10-10-4
Affidavit; execution
    
Sec. 4. (a) The affidavit required under this chapter for voting in presidential elections may be executed only:
        (1) at the office of the circuit court clerk or board of registration before the day of the general election;
        (2) before the precinct election board of the precinct where the person formerly resided, if the affidavit is executed on the day of the general election; or
        (3) when the application for an absentee ballot is filed.
    (b) In years in which a presidential election is conducted, at least one (1) copy of the affidavit must be included in the material provided for the inspector of each precinct.
As added by P.L.12-1995, SEC.68.


IC 3-10-10-5
Affidavit; copy to voter
    
Sec. 5. The circuit court clerk or board of registration shall mail a copy of the affidavit to any voter who requests a copy not later than five (5) days before election day. If the voter returns the affidavit to the office of the clerk or board before the day of the general election, the affidavit shall be processed as if the affidavit had been executed in the office.
As added by P.L.12-1995, SEC.68.

IC 3-10-10-6
Affidavits, forms, and records to be marked for presidential election only
    
Sec. 6. All affidavits, forms, and records of voter registration must be clearly marked to indicate that, in this general election, the voter may only vote for electors for President and Vice President of the United States.
As added by P.L.12-1995, SEC.68.

IC 3-10-10-7
Affidavit; required information
    
Sec. 7. The affidavits for presidential voting under this chapter must contain the following information:
        (1) The person's last, first, and middle name, in that order.
        (2) The person's assigned identification number.
        (3) The person's birthplace and date of birth.
        (4) Whether the person is a citizen of the United States.
        (5) The person's present residence address.
        (6) The address of the person's previous residence in Indiana, including the county.
        (7) The person's statement that the person satisfies the conditions set forth in section 3 of this chapter.
As added by P.L.12-1995, SEC.68.

IC 3-10-10-8
Affidavit; form
    
Sec. 8. The commission shall prescribe the form of the affidavit required by this chapter.
As added by P.L.12-1995, SEC.68. Amended by P.L.2-1996, SEC.124.

IC 3-10-10-9
Voter executing affidavit challenged as ineligible; provisional ballot; sufficiency of affidavit
    
Sec. 9. If a voter executes an affidavit under this chapter and is then challenged under IC 3-11-8 as ineligible to vote in the precinct, the voter shall be provided with a provisional ballot under IC 3-11.7 rather than a regular official ballot. The affidavit executed under this chapter serves as a sufficient affidavit for the voter to receive a provisional ballot under IC 3-11.7.


As added by P.L.164-2006, SEC.77.