Voter to Leave Polls After Voting; Requirement of Voting or Returning Ballot; Procedure for Handling Ballot Not Cast by Voter

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Sec. 17. (a) After voting, a voter shall leave the polls.

(b) If a voter leaves the booth without casting a ballot, a precinct election official shall:

(1) attempt to advise the voter not to leave the polls because the voter's ballot has not been cast; and

(2) permit the voter to return to the booth to complete the process of casting the voter's ballot.

(c) If the voter has left the polls, or declines to return to the booth, the inspector shall direct both judges to enter into the booth and return the voter's ballot to the inspector. Upon receiving the voter's ballot the inspector shall deposit the voter's ballot in the ballot box.

(d) After the voter's ballot has been deposited in the ballot box, the judges and the inspector shall promptly complete a form prescribed under IC 3-5-4-8 containing the following information:

(1) The name of the voter who left the polls without completing the process of casting a ballot if the voter's name is known.

(2) The approximate time that the voter left the polls.

(3) Whether the voter was advised that the voter could return to the booth to complete the casting of the ballot.

(4) A statement made under the penalties for perjury indicating that:

(A) the judges gave the voter's ballot to the inspector;

(B) the inspector deposited the voter's ballot in the ballot box; and

(C) the judges and the inspector did not make any alteration to the choices made by the voter.

The form must be signed by the inspector and both judges.

[Pre-1986 Recodification Citation: 3-1-23-21 part.]

As added by P.L.5-1986, SEC.7. Amended by P.L.278-2019, SEC.103.


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