Section 3-11-10-26.4 - Ballot not cast by voter at circuit court clerk's office or satellite office; procedure for handling ballot(a) This section applies to voting under section 26, 26.2, or 26.3 of this chapter.(b) After voting, a voter shall leave the office or satellite office.(c) If a voter leaves the booth without casting a ballot, an absentee voter board member or the circuit court clerk's office shall do both of the following:(1) Attempt to advise the voter not to leave the clerk's office or satellite office because the voter's ballot has not been cast.(2) Permit the voter to return to the booth to complete the process of casting the voter's ballot.(d) This subsection applies to a voter who has been provided a paper absentee ballot or optical scan ballot card absentee ballot. If the voter has left the clerk's office or satellite office, or declines to return to the booth, the absentee voter board members shall do the following:(1) Enter into the booth and place the voter's ballot inside the envelope provided or fold the ballot as described in IC 3-11-13-18(b)(1).(2) Transfer or deposit the envelope or folded ballot to the location where previously cast absentee ballots have been secured.(3) Promptly complete a form prescribed under IC 3-5-4-8 containing the following information: (A) The name of the voter who left the clerk's office or satellite office without completing the process of casting a ballot if the voter's name is known.(B) The approximate time that the voter left the clerk's office or satellite office.(C) Whether the voter was advised that the voter could return to the booth to complete the casting of the ballot.(D) A statement made under the penalties for perjury indicating that:(i) the absentee voter board members jointly transferred or deposited the envelope or folded ballot in the location where previously cast absentee ballots had been secured; and(ii) the absentee voter board members (and any other person) did not make any alterations to the choices made by the voter. The form must be signed by both members of the absentee voter board.
(e) This subsection applies to a voter who has been provided an electronic voting system to cast an absentee ballot. If the voter has left the clerk's office or satellite office, or declines to return to the booth, the absentee voter board members shall: (1) enter into the booth;(2) complete the process of casting the ballot for the voter; and(3) complete the form described in subsection (d)(3).(f) After the voter's ballot has been transferred or deposited under subsection (d) or cast under subsection (e), the absentee voter board shall indicate on the electronic poll book or in the statewide voter registration system that the voter has cast an absentee ballot.Amended by P.L. 193-2021,SEC. 46, eff. 7/1/2021.Added by P.L. 108-2021,SEC. 9, eff. 7/1/2021.