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Processing, counting, and challenging absentee/mail-in ballots in Indiana, 2020

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In August 2020, The New York Times estimated that 80 million Americans would vote by absentee/mail-in ballot in November 2020. That would have been more than double the number who did so in November 2016.[1] The processes states use to count absentee/mail-in ballots have come under closer inspection by state officials, candidates, political parties, and the media.

This article describes the rules in Indiana for processing, counting, and rejecting absentee/mail-in ballots in effect for the November 2020 election. It includes:

  • How ballots are processed and counted
  • Whether ballots can be challenged
  • Conditions for rejecting a ballot
  • Whether voters can correct mistakes on a ballot

The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.

Processing and counting ballots

See also: When states can begin processing and counting absentee/mail-in ballots, 2020

Upon receiving completed absentee/mail-in ballots, election officials must first process the ballots before they can be counted. Processing generally entails verifying voter signatures and physically preparing ballots for tabulation. Processing practices can vary widely from state to state. Counting entails the actual tabulation of votes.

The table below highlights key dates and deadlines related to absentee/mail-in voting in Indiana for the November 2020 election.

Absentee voting in Indiana: Nov. 3, 2020, election.

Were there limits on who can request a ballot?

Yes

What was the deadline for requesting a ballot by mail?

Oct. 22, 2020

Was the request deadline a postmark or receipt deadline?

Received

What was the deadline for returning a voted ballot by mail?

Nov. 3, 2020

Was the return deadline a postmark or receipt deadline?

Received

Were there notary or witness requirements?

No requirement


Processing ballots

As of November 2020, ballots could be processed upon receipt. Indiana law included the following provision for processing absentee/mail-in ballots:

Sec. 5. (a) If a county election board unanimously finds that the signature on a ballot envelope or transmitted affidavit is genuine, the board shall enclose immediately the accepted and unopened ballot envelope, together with the voter's application for the absentee ballot, in a large or carrier envelope. The board may enclose in the same carrier envelope all absentee ballot envelopes and applications for the same precinct.

(b) The envelope shall be securely sealed and endorsed with the name and official title of the circuit court clerk and the following words: ""This envelope contains an absentee ballot and must be opened only on election day under IC 3-11.5.[2]


See law: IN Code § 3-11.5-4-5 (2019)

Counting ballots

Officials in Indiana began counting absentee/mail-in ballots no later than Noon on November 3, 2020. As of November 2020, Indiana law included the following provision for counting absentee/mail-in ballots:

Immediately after the electronic poll books used at each polling place or vote center have been updated to indicate that the county received, not later than noon on election day, an absentee ballot from a voter, the absentee ballot counters shall, in a central counting location designated by the county election board, count the absentee ballot votes cast for each candidate for each office and on each public question in the precinct.[2]


See law: IN Code § 3-11.5-4-11 (2019)

Indiana law included the following provision for who may count absentee/mail-in ballots:

County election board appointments for absentee vote processing; eligibility; service by candidate or candidate's relative

Sec. 22. (a) Except as provided in subsection (b), each county election board shall appoint:

(1) absentee voter boards;

(2) teams of absentee ballot counters; and

(3) teams of couriers;

consisting of two (2) voters of the county, one (1) from each of the two (2) political parties that have appointed members on the county election board.[2]


See law: IN Code § 3-11.5-4-22 (2019)

Indiana law included the following provision for poll watchers:

Sec. 1. (a) The state chairman and county chairman of each bona fide political party or an independent candidate for a federal or a state office are entitled to appoint watchers at each precinct in which the political party or independent candidate is on the ballot.[2]


See law: IN Code § 3-6-8-1 (2019)

Challenging ballots

Absentee/mail-in ballots may be challenged in an attempt to prevent the ballot from being counted. Ballots may be challenged for a variety of reasons, including: allegations that the voter is not qualified to vote in the election, the ballot was not received by the stated deadline, or that the voter had already voted in the same election. The methods and reasons for challenging ballots vary and are provided in state law. States without such provisions do not allow challenging absentee/mail-in ballots.

As of November 2020, Indiana law included the following provision for challenging ballots:

Sec. 8. During the counting of the votes:

(1) an absentee ballot counter performing the counting;

(2) a member of the county election board; or

(3) a representative designated by the members;

may protest the counting of any ballot or any part of a ballot.[2]


See law: IN Code § 3-11.5-5-8 (2019)

As of November 2020, Indiana law included the following provision for handling challenged ballots:

The vote of an absentee ballot may be challenged for the reason that the absentee voter is not a legal voter of the precinct for which the absentee ballot was issued. Before the absentee ballot counters process an absentee ballot, the absentee ballot counters shall notify the county election board. A county election board member, or a representative designated by a county election board member, may challenge the absentee ballot under section 16 of this chapter.(d) The challenge under this section must be determined using the procedures for counting a provisional ballot under IC 3-11.7.[2]


See law: IN Code § 3-11.5-4-15 (2019)

Rejecting ballots

As of November 2020, Indiana law included the following provision for rejecting absentee/mail-in ballots:

Sec. 13. (a) If the absentee ballot counters find under section 11 of this chapter that any of the following applies, the ballots shall be rejected:

(1) The affidavit is insufficient or that the ballot has not been endorsed with the initials of:

(A) the two (2) members of the absentee voter board in the office of the clerk of the circuit court under IC 3-11-4-19 or IC 3-11-10-27;

(B) the two (2) members of the absentee voter board visiting the voter under IC 3-11-10-25; or

(C) the two (2) appointed members of the county election board or their designated representatives under IC 3-11-4-19.

(2) The signatures do not correspond or there is no signature.

(3) The absentee voter is not a qualified voter in the precinct.

(4) The absentee voter has voted in person at the election.

(5) The absentee voter has not registered.

(6) The ballot is open or has been opened and resealed. This subdivision does not permit an absentee ballot transmitted by fax or electronic mail under IC 3-11-4-6 to be rejected because the ballot was sealed in the absentee ballot envelope by the individual designated by the circuit court to receive absentee ballots transmitted by fax or electronic mail.

(7) The ballot envelope contains more than one (1) ballot of any kind for the same office or public question.

(8) In case of a primary election, if the absentee voter has not previously voted, the voter failed to execute the proper declaration relative to age and qualifications and the political party with which the voter intends to affiliate.

(9) The ballot has been challenged and there is no absentee ballot application from the voter to support the absentee ballot.[2]


See law: IN Code § 3-11.5-4-13 (2019)

Ballot curing

Ballot curing refers to the process by which voters can correct mistakes—such as a missing or mismatched signature—with an absentee/mail-in ballot so that the ballot can be counted. Ballot curing provisions lay out this process in state law. States without such provisions do not count absentee/mail-in ballots with errors.[3]

As of November 2020, Indiana law included the following provision for curing ballots:

(e) If the absentee ballot counters are unable to agree on a finding described under this section or section 12 of this chapter, the county election board shall make the finding.

(f) The absentee ballot counters or county election board shall issue a certificate to a voter whose ballot:

(1) has been rejected under this section; or

(2) has not been received by the county by noon on election day and will not be counted under section 10 of this chapter;

if the voter appears in person before the board not later than 5 p.m. on election day. The certificate must state that the voter's absentee ballot has been rejected and that the voter may vote in person under section 21 of this chapter if otherwise qualified to vote.[2]


See law: IN Code § 3-11.5-4-13 (2019)

Rules in other states

Click on a state below to view information on processing, counting, and challenging absentee/mail-in ballots in that state.

More frequently asked questions about the 2020 election

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See also


Footnotes