Section 3-11.5-4-13.6 - Absentee ballot signature comparison; missing signature; procedure; affidavit of unsigned ballot(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), 13.5(e), and 13.5(g) 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 any of the following conditions are 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:(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.(3) The voter delivers an affidavit of unsigned ballot that is signed by the voter to an absentee voter board at a circuit court clerk's office or satellite location during the period of early voting described in IC 3-11-10-26.(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: AFFIDAVIT OF UNSIGNED BALLOT |
I, [voter's name], am a registered voter of [voter's county of residence] County, State of Indiana. I declare under the penalties of perjury that I requested and returned an absentee ballot. I am a resident of the precinct in which I have voted (or I am entitled to vote in this precinct under Indiana law), and I am the person whose name appears on the absentee ballot envelope. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment, a fine, or both. I understand that my failure to sign this statement means that my absentee ballot will not be counted.
___________________ |
Voter's Signature |
____________________ |
Voter's Printed Name |
________________________ |
Voter's Registration Address |
The computerized list shall preprint the name of the voter in the appropriate parts of the affidavit.
(h) The following instructions, prescribed by the election division under IC 3-5-4-8 and produced from the computerized list established under IC 3-7-26.3, shall accompany the affidavit of unsigned ballot in substantially the following form: NOTICE FROM COUNTY ELECTION BOARD
REGARDING AN AFFIDAVIT OF UNSIGNED BALLOT FOR ABSENTEE BALLOT
Read these instructions carefully before completing the statement. Failure to follow these instructions may cause your ballot to not be counted.
(1) We have determined that your signature is missing on your absentee ballot security envelope. To ensure that your absentee ballot will be counted, you must complete and return an affidavit of unsigned ballot.(2) Your affidavit of unsigned ballot must be received by the county election board or board of elections and registration not later than noon, local prevailing time, eight (8) days after the election, with the statement specifying the day on which the eighth day after the election will fall.(3) You must sign your name where specified on the affidavit of unsigned ballot.(4) Place the affidavit of unsigned ballot into a mailing envelope addressed to your county election official. Mail, hand deliver, or have your completed affidavit delivered to the board. Be sure to include sufficient postage if mailed, and include the address of the county election board provided below.(5) If you do not wish to send your affidavit of unsigned ballot by mail or have it hand delivered, you may submit your completed affidavit by electronic mail or facsimile transmission to the county election board using the following information provided by your county [insert county electronic mail address and facsimile number].(6) Include your name on the affidavit.(i) A ballot may not be removed from the security envelope until the time for processing the ballot.(j) Except where clearly inapplicable under IC 3-11.7, an unsigned absentee ballot security envelope is to be treated as a provisional ballot and is subject to the same confidentiality restrictions under IC 3-11.7-6-3. The affidavit of unsigned ballot and the signature verification statement executed by the voter are confidential under IC 3-11.7-6-3.Amended by P.L. 153-2024,SEC. 20, eff. 7/1/2024.Added by P.L. 109-2021,SEC. 62, eff. 7/1/2021.