Ind. Code ch. 3-5-4

Ind. Code ch. 3-5-4
in effect

Ind. Code § 3-5-4-1 Time for filing

Sec. 1. Whenever this title specifies a final day for a particular filing but no final hour of that day, the final hour for the receipt of the particular filing is noon, prevailing time, of that final day. [Pre-1986 Recodification Citation: 3-1-1-2.5.] As added by P.L.5-1986, SEC.1.

Ind. Code § 3-5-4-1.2 Election division or secretary of state filing delivered to county or local election official is void

Sec. 1.2. (a) Whenever this title requires that a document declaring or certifying the candidacy of a person be filed with the election division or the secretary of state as a condition for the filing to be effective: (1) a county election board; (2) a circuit court clerk; (3) a county voter registration office; (4) a board of elections and registration; or (5) a town election board; may not accept the filing on behalf of the election division or the secretary of state. (b) A county election board, circuit court clerk, county voter registration office, board of elections and registration, or town election board that accepts a document that is required to be filed with the election division or the secretary of state as a condition for the filing to be effective: (1) may not act as an agent of the election division or the secretary of state; and (2) is not required to transmit the filing to the election division or the secretary of state. (c) If a board, office, or clerk referred to in subsection (a)(1) through (a)(5) accepts a document that is required to be filed with the election division or the secretary of state as a condition for the filing to be effective, the following apply: (1) The filing is void. (2) The name of a candidate set forth in the filing may not appear on the ballot, unless the document is filed with the election division or the secretary of state in the manner required by this title. As added by P.L.124-2012, SEC.1.

Ind. Code § 3-5-4-1.3 Statement to candidate after filing candidacy document; contents of statement; entry of information into the statewide voter registration system

Sec. 1.3. (a) Not later than the close of one (1) business day after a person files a declaration of candidacy, a request for placement on the presidential primary ballot, a certificate of nomination by a convention, a certificate of nomination by petition, a certification of candidate selection to fill a ballot vacancy, or a declaration of intent to be a write-in candidate in the office of the election division or circuit court clerk, the election division or circuit court clerk shall send a statement to the candidate by: (1) hand delivery; (2) first class United States mail; or (3) electronic mail, if an electronic mail address has been provided by the person; to the mailing address or electronic mail address set forth in the document filed with the office. (b) The statement must set forth the following: (1) That the candidate has filed the document described in subsection (a). (2) The name of the candidate. (3) The office for which the individual is a candidate. (4) The date on which the document was filed. (5) That acceptance of the document for filing does not prevent the filing from being challenged in the manner set forth in this title. (c) The circuit court clerk shall enter: (1) the name and other information provided by each candidate for an elected office or a political party office who files a document described in subsection (a) with the county election board; and (2) the text of a public question certified to the county election board under IC 3-10-9; into the election management module of the statewide voter registration system not later than the deadline for estimating the number of ballots required to be printed under IC 3-11-4-10. As added by P.L.278-2019, SEC.2. Amended by P.L.193-2021, SEC.4.

Ind. Code § 3-5-4-1.5 Time for commencement of legal actions

Sec. 1.5. (a) This section applies if this title requires that a legal action be taken at the office of: (1) the secretary of state or the election division; or (2) a circuit court clerk or a political subdivision. (b) Notwithstanding IC 4-1-2-2, if the final day or time for performing the action falls on a day or time when the office is not open to conduct public business or on a day observed as a holiday under IC 1-1-9, the legal action may be performed: (1) on the next day that the office is open for public business; or (2) through noon of the next day that the office is open for public business if the action to be performed is the receipt of a filing. As added by P.L.3-1993, SEC.5. Amended by P.L.3-1995, SEC.8; P.L.169-2015, SEC.3; P.L.74-2017, SEC.5.

Ind. Code § 3-5-4-1.7 Filings by fax or electronic mail; electronic, digital, digitized, or photocopied signatures

Sec. 1.7. (a) Except as otherwise expressly authorized or required under this title, a filing by a person with a commission, the election division, an election board, or a county voter registration office may not be made by fax or electronic mail. (b) This subsection does not apply to a petition of nomination described in IC 3-8-2, IC 3-8-3, or IC 3-8-6 that may be forwarded by a county voter registration official to the election division. Notwithstanding subsection (a) and except as provided in IC 3-12-5, a: (1) circuit court clerk; (2) voter registration official; or (3) county election board; may make a filing by fax or electronic mail, if the filing is required under this title to be made with the commission or election division. (c) A petition of nomination filed with a county voter registration office under IC 3-8-2, IC 3-8-2.5, IC 3-8-3, or IC 3-8-6 or a petition to place a public question on the ballot, or any other petition filed that requires the county voter registration office to certify the validity of signatures, may not contain the electronic signature, including a signature described in IC 26-2-8-106, digital signature, digitized signature, or photocopied signature of a voter. (d) An electronic signature, digital signature, digitized signature, or photocopied signature of a candidate, campaign finance committee chairman, or campaign finance committee treasurer may be used for campaign finance statements and reports filed under IC 3-9. As added by P.L.230-2005, SEC.1. Amended by P.L.219-2013, SEC.2; P.L.74-2017, SEC.6; P.L.257-2019, SEC.1; P.L.227-2023, SEC.4; P.L.153-2024, SEC.4.

Ind. Code § 3-5-4-1.9 Receiving filing after deadline; exceptions

Sec. 1.9. (a) This section does not apply to a delinquent campaign finance filing received under IC 3-9. (b) This section does not apply to an application for voter registration received while registration is closed under IC 3-7. (c) Except as otherwise provided in this title, the election division, an election board, a circuit court clerk, a county voter registration office, or any other official responsible for receiving a filing under this title may not receive a filing that is offered to be filed after a deadline for the filing provided by this title. As added by P.L.164-2006, SEC.3. Amended by P.L.225-2011, SEC.4.

Ind. Code § 3-5-4-2 Repealed

[Pre-1986 Recodification Citation: 3-1-21-7 part.] As added by P.L.5-1986, SEC.1. Repealed by P.L.3-1987, SEC.570.

Ind. Code § 3-5-4-3 Repealed

[Pre-1986 Recodification Citation: 3-1-21-7 part.] As added by P.L.5-1986, SEC.1. Repealed by P.L.3-1987, SEC.570.

Ind. Code § 3-5-4-4 Immunity from arrest while at or going to and from polls

Sec. 4. A voter is not subject to arrest while going to the polls, while in attendance there, and while returning from the polls. However, this section does not apply in a case of: (1) treason; (2) felony; or (3) breach of the peace. [Pre-1986 Recodification Citation: 3-1-21-5.] As added by P.L.5-1986, SEC.1.

Ind. Code § 3-5-4-5 Repealed

[Pre-1986 Recodification Citation: 3-1-11-12.] As added by P.L.5-1986, SEC.1. Repealed by P.L.3-1993, SEC.282.

Ind. Code § 3-5-4-7 References to federal statutes or regulations

Sec. 7. Except as otherwise provided in this title, a reference to a federal statute or regulation in this title is a reference to the statute or regulation as in effect January 1, 2023. As added by P.L.12-1995, SEC.9. Amended by P.L.3-1995, SEC.9; P.L.4-1996, SEC.3; P.L.122-2000, SEC.1; P.L.209-2003, SEC.4; P.L.230-2005, SEC.2; P.L.225-2011, SEC.5; P.L.128-2015, SEC.6; P.L.141-2023, SEC.1.

Ind. Code § 3-5-4-8 Approval and use of forms; exceptions

Sec. 8. (a) This section does not apply to a form incorporated only into the statewide voter registration system under IC 3-7-26.3-3 by the secretary of state, with the consent of the codirectors of the election division. (b) Except as provided in subsection (f), but notwithstanding any other statute, whenever the election division acts under IC 3-6-4.2-12 to approve a uniform election or registration form for use throughout Indiana or to approve a revision to an existing form, a person must use the most recent version of the form approved by the election division to comply with this title after the effective date of the election division's order approving the form. (c) Except as provided in subsection (e) or (g), before an order approving a form takes effect under this section, the election division shall transmit a copy of each form or revised form approved by the order to the following: (1) Each circuit court clerk, if the election division determines that the form is primarily used by a candidate, a county election board member, a county or town political party, or for absentee or provisional ballot purposes. (2) Each county voter registration office, if the election division determines that the form is primarily used in voter registration. (3) The state chairman of each major political party. (4) The state chairman of any other political party who has filed a written request with the election division during the preceding twelve (12) months to be furnished with copies of forms. (d) The election division, an election board, a circuit court clerk, a county voter registration office, or any other official responsible for receiving a filing under this title shall reject a filing that does not comply with this section. (e) The election division shall specify the effective date of the form or revised form and may do any of the following: (1) Delay the effective date of the approval of a form or revised form. (2) Permit an earlier approved version of the form or an alternative form to be used before the effective date of the form. (3) Provide for a retroactive effective date for the approval of the form. (f) The election division may allow an earlier approved version of the form to be used if the: (1) earlier version of the form complies with all other requirements imposed under federal law or this title; and (2) election division determines that the existing stock of the form should be exhausted to prevent waste and unnecessary expense. (g) This subsection applies to a form that the election division determines is used primarily by the election division. The election division may provide that an order concerning a form described by this subsection is effective immediately upon adoption, without any requirement to distribute the form to other persons. (h) A form approved by the commission under this section before July 1, 2015, is considered to be approved by the election division without any further action by the election division being required. As added by P.L.3-1997, SEC.17. Amended by P.L.38-1999, SEC.2; P.L.126-2002, SEC.10; P.L.194-2013, SEC.3; P.L.169-2015, SEC.4; P.L.227-2023, SEC.5.

Ind. Code § 3-5-4-9 Authentication of ballots by circuit court clerk

Sec. 9. (a) This section applies whenever the individual who holds the office of circuit court clerk is a candidate on the ballot for any office. This section does not apply if the only office for which the individual is a candidate is a political party office. (b) As used in this section, "ballot" refers to an absentee ballot, a ballot card, or any other form of ballot. (c) Notwithstanding any law requiring the name or signature of the circuit court clerk to appear on a ballot for authentication or any other purpose, the name or signature of the individual who is circuit court clerk may not appear on the ballot except to indicate that the individual is a candidate for an office. (d) The circuit court clerk shall substitute a uniform device or symbol prescribed by the election division for the circuit court clerk's printed name or signature to authenticate a ballot. (e) A device or symbol approved by the commission under this section before January 1, 2021, is considered to be approved by the election division without any further action by the election division being required. As added by P.L.263-2003, SEC.1. Amended by P.L.230-2005, SEC.3; P.L.109-2021, SEC.6; P.L.227-2023, SEC.6.

Ind. Code § 3-5-4-10 Ownership of ballots, poll lists, and other documents or materials generated or used by a convention or caucus

Sec. 10. (a) This section applies to: (1) a convention required or permitted under this title that is conducted by a political party to nominate candidates; or (2) a caucus conducted by a political party under IC 3-13 to: (A) nominate candidates; or (B) select a person to fill a vacancy in an elected office. (b) The ballots, poll lists, and other documents or material generated for or used by the convention or caucus are the property of the political party. This property shall be retained and preserved in the manner specified by the rules of the political party. As added by P.L.9-2004, SEC.1. Amended by P.L.240-2025, SEC.2.

Ind. Code § 3-5-4-11 Expired

As added by P.L.179-2011, SEC.1. Amended by P.L.219-2013, SEC.3. Expired 7-1-2016 by P.L.219-2013, SEC.3.

Ind. Code § 3-5-4-12 Agreements to use a threat, intelligence, and enterprise security company designated by the secretary of state; expiration of section

Sec. 12. (a) This section applies only if the costs to a county to enter into an agreement required by this section can be paid from money: (1) received from the federal government and permitted to be spent for this purpose; or (2) appropriated by the general assembly for this purpose. (b) Each county shall enter into an agreement with the secretary of state to use a threat intelligence and enterprise security company designated by the secretary of state to provide hardware, software, and services to: (1) investigate cybersecurity attacks; (2) protect against malicious software; and (3) analyze information technology security risks. (c) The agreement to provide services to a county under this section: (1) has no effect on any threat intelligence and enterprise security service provided to the county by any other agreement with a provider or by any county employee or contractor; and (2) must be designed to complement any existing service agreement or service used by the county; when the county enters into the agreement. (d) This section expires January 1, 2028. As added by P.L.135-2020, SEC.1. Amended by P.L.193-2021, SEC.5; P.L.115-2022, SEC.1.

Ind. Code § 3-5-4-12.5 Information technology provider

Sec. 12.5. (a) Each county shall submit the following to the secretary of state: (1) The name of the county's information technology provider. (2) Contact information for the provider listed in subdivision (1). (b) Each county shall notify the secretary of state of any change in the information provided under subsection (a). As added by P.L.241-2025, SEC.3.

Ind. Code § 3-5-4-14 Election day duties of the circuit court clerk

Sec. 14. (a) The office of the circuit court clerk must remain closed on primary election day and general election day. However, the circuit court clerk shall perform the duties required by this title to conduct elections on primary election day and general election day. (b) Notwithstanding any other law, the circuit court clerk is not required to perform on primary election day and general election day a duty other than conducting elections. As added by P.L.240-2025, SEC.3.

Ind. Code § 3-5-4-15 Local government office; employee leave to serve on election day

Sec. 15. (a) For purposes of this section, "local government office" means an office of a county, city, town, township, or school. (b) Except as provided in subsection (c), a county, city, town, township, or school shall provide to an employee of a local government office who requests leave to serve: (1) on primary election day or general election day; and (2) as a precinct election officer; a paid day of leave to serve as a precinct election officer. (c) The requirements under subsection (b) do not apply if the requesting employee's duties are necessary for purposes of public safety or election day operations. (d) An employee granted leave under subsection (b) is entitled to receive compensation for serving as a precinct election officer. As added by P.L.240-2025, SEC.4.

Ind. Code § 3-5-4-16 Ranked choice voting; prohibitions

Sec. 16. The following apply to an election conducted under this title: (1) An election may not be determined by ranked choice voting. (2) A candidate may not be nominated for or elected to an office by means of ranked choice voting. As added by P.L.5-2026, SEC.2.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/3Fetched: 10/17/2026

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