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
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.
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.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
More frequently asked questions about the 2020 election
Click on a question below to read the answer:
- General election information
- Who runs elections in the United States?
- Why do states have different election rules?
- What methods do states use to prevent election fraud?
- Do you have to vote for everything on your ballot?
- What happens if you mark outside the lines or use the wrong pen/pencil?
- What is a spoiled ballot?
- What is a write-in candidate?
- How can I check the status of my ballot?
- Can I take a ballot selfie?
- Presidential election
- What happens if a presidential candidate declares victory in the 2020 election before results are final?
- Can presidential candidates win the election if they have already conceded?
- What are the steps and deadlines for electing the President of the United States?
- What happens if there is a tie in the Electoral College?
- What are faithless electors in the Electoral College?
- What happens if a presidential nominee becomes incapacitated before the election?
- Can members of Congress object to Electoral College results?
- Processing and counting absentee/mail-in ballots
- What is the life cycle of an absentee/mail-in ballot?
- What happens if I vote by mail and want to change my ballot at a later date?
- What happens if someone votes by mail and then tries to vote in person?
- How do states protect and verify absentee/mail-in ballots?
- How do election workers match signatures?
- Are results reported on election night coming from in-person or absentee/mail-in votes?
- Do states report how many mail-in/absentee ballots are outstanding on election night?
- Do absentee/mail-in ballots take longer to count than in-person ballots?
- What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?
- Disputing election results
- How will election recounts work?
- How close does an election have to be to trigger an automatic recount?
- Can a candidate or voter request a recount?
- Who pays for recounts and contested elections?
- What are poll watchers?
- What does it mean to challenge a voter's eligibility, and who can do it?
- What is a redo election?
- Who can file election-related lawsuits?
- What are the reasons to call a redo election?
- Who can call a redo election?
- Can a redo be held for a presidential election?
- Transitions of power and taking office
- Who is the president if election results are unknown by January 20, 2021?
- Who serves in Congress if election results are unknown by January 2021?
- Who serves in a state or local government if election results are unknown?
- What happens if the winning presidential candidate becomes incapacitated before taking office?
- Articles about potential scenarios in the 2020 election
- U.S. Supreme Court actions affecting the November 3, 2020, general election
See also
- Ballotpedia's 2020 Election Help Desk
- Ballotpedia's 2020 Election Help Desk: Processing and counting absentee/mail-in ballots
- Absentee/mail-in voting, 2020
Footnotes
- ↑ The New York Times, "Where Americans Can Vote by Mail in the 2020 Elections," August 14, 2020
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ National Conference of State Legislatures, "VOPP: Table 15: States That Permit Voters to Correct Signature Discrepancies," September 21, 2020