Absentee Ballot Signature Comparison; Missing Signature; Procedure; Affidavit of Unsigned Ballot

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Sec. 13.6. (a) This section applies to an absentee ballot where there is a finding that the voter's signature on the absentee ballot security envelope affidavit is missing and therefore does not correspond to the signature on the voter's absentee ballot application or electronic poll book.

(b) Section 13.5(c), 13.5(d), and 13.5(f) of this chapter apply to this section.

(c) The county election board or board of elections and registration shall not reject an absentee ballot with a missing security envelope signature if either of the following conditions is satisfied and the county election board or board of elections and registration determines that the unsigned absentee ballot affidavit is truthful and otherwise in compliance with this section:

(1) The voter delivers:

(A) in person;

(B) by mail;

(C) by facsimile; or

(D) by electronic mail;

an affidavit of unsigned ballot that is signed by the voter, and the county election board or board of elections and registration receives the affidavit not later than noon eight (8) days after election day.

(2) Before the close of the polls on election day, the voter completes and files an affidavit of unsigned ballot with the inspector or other chief election official of the precinct or vote center within the county. The inspector or vote center official shall forward the affidavit of unsigned ballot to the county election board or board of elections and registration with the other materials from the precinct.

(d) Upon receipt of the affidavit of unsigned ballot, the county election board or county board of elections and registration shall open the provisional ballot envelope to access the voter's absentee ballot security envelope to:

(1) compare the signature on the affidavit of unsigned ballot with the most recent signature on the voter's registration record in the statewide voter registration system, or the signature on the absentee ballot application; or

(2) if the ballot is for a military or overseas voter who transmitted the ballot by facsimile or electronic mail, compare the affidavit found under IC 3-11-4-6(h) and, if applicable, the signature found in the voter's registration record or the signature on the absentee ballot application.

(e) If, upon conducting the comparison of the signatures, the board determines that the signatures match and there are no other challenges that have been made to the ballot, the board shall open the absentee ballot security envelope and add the votes cast on the ballot to the tally for the voter's precinct.

(f) If, upon conducting the comparison of the signatures, the board determines that the signatures are mismatched, the voter's absentee ballot security envelope shall not be opened and the ballot may not be counted. The board shall write "this ballot has been rejected because of a mismatched signature" on the face of the security envelope. The provisional ballot envelope must be resealed and the status of the rejected ballot must be set forth under the "County Election Board Findings" on the affidavit.

(g) The affidavit of unsigned ballot shall be prescribed by the election division under IC 3-5-4-8, shall be produced from the computerized list established under IC 3-7-26.3, must be in substantially the following form, and may be included on the same page as the notice and instructions:


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