Indiana Absentee Ballot Requirements and Procedures

1. Issuing & Reissuing Absentee Ballots Valerie Warycha, Republican Co-Counsel Indiana Election Division Election Administrators’ Conference December 12, 2024

2. Absentee Ballot Requirements All absentee ballots must have the following placed upon the back of the ballot before being issued to a voter: 1) the circuit court clerk’s official seal (stamp), 2) the signature or facsimile signature of the circuit court clerk (unless the clerk is a candidate), and 3) the initials of both members of an absentee voter board. If the individual serving as circuit court clerk is a candidate for re-election or election to another elected office, then the name, signature, and seal of this individual cannot appear on the ballot, except as a candidate. • Instead, the ballot must contain a uniform device prescribed by the Indiana Election Division. • If the circuit court clerk is only on the ballot for precinct committeeman and state convention delegate, the clerk’s signature may appear on the ballot. • Direct record electronic voting system are exempt from this rule. ((IC 3-5-4-9 | IC 3-11-4-19)

3. Bi-Partisan Initials on Absentee Ballots Bi Bi- -partisan absentee voter board or county election board must initial the ballot. partisan absentee voter board or county election board must initial the ballot. 1. In counties that use optical scan ballot cards, the absentee voter board may initial the absentee ballot up to 24 hours before the ballot is provided to the voter. OR 2. Absentee voter board members may affix their initials to the absentee ballot card after the voter marks and prints their ballot. The absentee ballot must be presented in a manner so that the absentee board cannot see how the voter marked their ballot. Whichever method is selected, it is critical for bi-partisan initials to be affixed to all absentee ballots before the completed ballot is sealed in the security envelope for storage and counting on election day. (IC 3-11-10-27)

4. Voting by Mail Apps must be reviewed by ABS voter board or D/R CEB member for the following: ○ Form is current to the election ■ Current ABS-Mail forms have “2024” in its title ○ Voter is registered to vote at the residence address on app ■ Ballot can be mailed anywhere, but residence address must align to registration address ■ Exception: Voter can update their registration address any time using ABS app IF move is within the same precinct ○ In primary election, party selection is made ■ Need to know if voter wants D/R (or public question only) ballot ○ Reason the voter is qualified to vote by mail is marked ○ ID information is provided ○ Signature on app conforms to signature on voter’s registration ■ NOTE: Voter can change their name on VR record any time using the ABS app ● IC 3-11-4-17.5

5. Voting by Mail If ABS-Mail app approved: ○ Clerk enters ABS info into SVRS module ○ Voter mailed ballot: ■ Not later than 45-days before election day OR ■ Same day app is approved after 45-day deadline has passed ● If ABS-Mail app is rejected: ○ Clerk enters ABS info into SVRS module & reason for rejection ○ Notice of Disposition (ABS-24) is mailed to the voter ○ Voter can re-apply for absentee ballot or vote in-person during early voting or on Election Day ■ Some issues may not be curable, like a voter moves and VR deadline has passed & voter does not qualify for a fail-safe ●

6. Vote-By-Mail Absentee Ballot Packet 1) Outer Absentee Ballot Envelope (ABS 1) Outer Absentee Ballot Envelope (ABS- -8) This is the larger of the two envelopes needed to mail an absentee voter’s election materials. (IC 3- 11-4-18(a)) 8) 2) Absentee Ballot 2) Absentee Ballot Absentee voter boards (or the county election board members) must affix their initials to the back of the ballot in the box or line designated. (IC 3-11-4-19) 3) Voted Absentee Ballot Envelope & Affidavit (ABS 3) Voted Absentee Ballot Envelope & Affidavit (ABS- -6) Must provide a postage, pre-paid envelope for a voter to return an absentee-by-mail ballot. (IC 3- 11-4-20) This return envelope must include the ABS-6, (affidavit voter must sign before returning the ballot. (IC 3-11-4-21) 6) 4) Absentee Voter’s Bill of Rights 4) Absentee Voter’s Bill of Rights (IC 3-5-8-2.5) County may insert a document on how to mark their ballot or remind voters to return ballots as soon as possible because of delays in postal processing.

7. Travel Board Application MUST be filed not later than NOON day before Election Day • Postmarks do NOT count! • Can be sent by email, fax, hand-delivery or submitted online at indianavoters.com • Appointments begin 19-days out from Election Day & end on Election Day • CEB may send Travel Board outside the county, if CEB unanimously agrees to do so • CEB may approve & send a Travel Board out on Election Day, if voter is hospitalized after the noon app deadline • ABS Voter Boards are the “travel board team” •

8. Travel Boards May use an electronic poll book to obtain the voter’s signature. ● County Election Board may adopt a unanimous resolution to use an optical scan or DRE voting system. DRE and op-scan have accessibility features to allow voters to vote privately & independently. ● Ballot cards must be initialed by the travel board and enclosed in a ballot security envelope. The voter and the travel board must complete the affidavit on the ballot security envelope. ● An absentee ballot voted on an electronic voting system under this section is not required to bear the seal, signature, and initials. ● IC 3-11-10-25 | IC 3-11-10-26.2 | IC 3-11-10-27

9. Travel Board Ballots The resolution to use a ballot marking device or direct record electronic (DRE) voting system for travel board appointments must adopt procedures to do the following: 1) Secure absentee votes in a way that provides protection comparable to paper ballots. 2) Compare the signature on an absentee ballot application (or on an ePollbook) with the applicant's signature on their voter registration record. 3) Ensure that an invalid ballot is not counted. 4) Specify how a spoiled absentee ballot is to be canceled on a DRE if a voter casts and returns a replacement absentee ballot. 5) Ensure casting a ballot on an electronic voting system is substantially similar to voting early in the clerk’s office. If a resolution to use an op-scan or DRE voting system is adopted, the circuit court clerk may use as many voting machines as the clerk considers necessary, subject to the resolution adopted by the board. IC 3-11-10-26.2

10. When Can a CEB Issue a New Absentee Ballot? Voter has been mailed a ballot and then notifies thecounty election board that the ballot has been: 1. 2. 3. 4. 5. 6. 7. Destroyed, Spoiled, Lost, Does not have the bipartisan initials of election officials, Was returned in an envelope not signed by the voter, Voter did not received the ballot, or The county election board has authorized the use of a replacement ballot to replace a defective ballot supplied to the voter.

11. ‘‘I made a mistake on my BALLOT!” Distressed Voter Lost, spoiled or defective ballot? Never fear, the ABS-5 is here!

12. How to Issue a New Absentee Ballot The voter must file Form ABS-5 with the county election board.

13. How to Issue a New Absentee Ballot Voter must explain why they need a replacement.

14. How to Issue a New Absentee Ballot Voter must complete ABS-5 affidavit

15. How to Issue a New Absentee Ballot? The circuit court clerk must place the ABS-5 with the voter’s original ballot, mark “cancelled” on the envelope containing the original ballot, preserve the original ballot with the other defective ballots, and deliver a new ballot to the absentee voter. In a primary election, a county election board may not provide a voter who requested a replacement ballot an absentee ballot for a political party that is different than the political party indicated on the voter’s absentee application. If a voter receives a replacement ballot because they did not receive their original ballot, state law requires the voter to destroy the original absentee ballot if it comes into their possession. If a voter’s original and replacement absentee ballot arrive timely at the county election board, the original ballot isrejected, and the replacement ballot is processed. (IC 3-11-4-17.7| IC 3-11-4-17.8)

16. Surrendering a Mailed Ballot at an Early Voting Location A voter who presents and surrenders a sealed and signed absentee-by-mail ballot return envelope at an early voting location may request a replacement ballot at that location rather than casting the ballot received in the mail by the voter. The voter must complete the ABS-5 before being processed as an in-person early voter and receiving a new absentee ballot. Then the voter may cast the requested replacement absentee ballot at the early voting location in the same manner as any other voter who casts an absentee ballot at an early voting location. The absentee voter board working at the in-person absentee voting location must write “rejected” on the outside of the voter’s original absentee-by-mail ballot and place it in the rejected absentee ballot bag. (IC 3-11-4-17.7; IC 3-11.5-4-2)

17. Election Day Fail Safe A voter who requested to vote by mail but has not received the ballot by election may vote in person at the polls upon executing a PRE-5. (IC 3-11-10-31; IC 3-11.5-4-18(c))

18. Rejected Absentee Ballot Options for Voters A voter whose absentee ballot has been rejected, may appear in person before the county election board not later than 5 p.m. on Election Day and complete an ABS-21. If approved, the voter may vote a regular ballot on election day. IC 3-11.5-4-13(f) | IC 3-11.5-4-21)

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