Section 3-11.7-5-2 - Criteria for determining validity of ballots(a) Except as provided in section 5 of this chapter, if the county election board determines that all the following apply, a provisional ballot is valid and shall be counted under this chapter: (1) The affidavit executed by the provisional voter under IC 3-11.7-2-1 is properly executed.(2) The provisional voter is a qualified voter of the precinct and has provided proof of identification, if required, under IC 3-10-1, IC 3-11-8, or IC 3-11-10-26.(3) Based on all the information available to the county election board, including: (A) information provided by the provisional voter;(B) information contained in the county's voter registration records; and(C) information contained in the statewide voter registration file; the provisional voter registered to vote at a registration agency under this article on a date within the registration period.
(b) If the provisional voter has provided information regarding the registration agency where the provisional voter registered to vote, the board shall promptly make an inquiry to the agency regarding the alleged registration. The agency shall respond to the board not later than noon of the first Friday after the election, indicating whether the agency's records contain any information regarding the registration. If the agency does not respond to the board's inquiry, or if the agency responds that the agency has no record of the alleged registration, the board shall reject the provisional ballot. The board shall endorse the ballot with the word "Rejected" and document on the ballot the inquiry and response, if any, by the agency.(c) Except as provided in section 5 of this chapter, a provisional ballot cast by a voter described in IC 3-11.7-2-1(b) is valid and shall be counted if the county election board determines under this article that the voter filed the documentation required under IC 3-7-33-4.5 and 52 U.S.C. 21083 with the county voter registration office not later than the closing of the polls on election day.(d) Except as provided in section 5 of this chapter, a provisional ballot cast by a voter described in IC 3-11.7-2-1(c) is valid and shall be counted if the county election board determines under this article that the voter filed the documentation required under IC 3-7-33-4.7 with the county voter registration office not later than the closing of the polls on election day.Amended by P.L. 65-2024,SEC. 32, eff. 7/1/2024.Amended by P.L. 128-2015, SEC. 205, eff. 5/4/2015, retroactive.As added by P.L. 126-2002, SEC.87. Amended by P.L. 209-2003, SEC.176; P.L. 109-2005, SEC.12; P.L. 103-2005, SEC.15.