Indiana Code

Ind. Code § 3-11-2-16 (2026)

Errors or omissions in ballot; determination by election board; reprint or use of defective ballot

✓ current as of May 2026

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Sec. 16. (a) If an election board determines that a ballot printed under the authority of the election board does not comply with a requirement imposed by this title or contains any other error or omission that might result in confusion or mistakes by voters, the board shall:

(1) reprint or correct the ballot; or

(2) conduct a public hearing concerning the defective ballots.

(b) The board may conduct the hearing after informing each political party, ticket, or candidate that the board determines may have an interest in the matter.

(c) At the hearing, the board shall hear any testimony offered by a person concerning the defective ballots and shall make findings of fact concerning the following:

(1) The number of ballots, if any, containing the error or omission that have already been cast.

(2) The cost of correcting the error through the use of reprinted ballots or any other suitable method.

(3) Whether the error or omission would be likely to cause confusion or mistakes by voters.

(4) Whether any voter objects to the use of the ballots, notwithstanding the error or omission.

(d) If:

(1) a voter does not file a written objection to the use of the ballots with the board before the board concludes the hearing; and

(2) the board determines that the use of the ballots would not be likely to cause confusion or mistakes by voters;

the board shall authorize the use of the defective ballots, notwithstanding the error or omission.

(e) If:

(1) a voter files a written objection to the use of the ballots with the board before the board concludes the hearing; or

(2) the board determines that the use of the ballots would be likely to cause confusion or mistakes by voters;

the board shall order the ballots to be reprinted or altered to conform with the requirements of this title.

(f) If the board acts under subsection (a) or (e), a voter who has already voted a defective ballot by absentee ballot is entitled to recast the voter's ballot in accordance with IC 3-11.5-4-2. Notwithstanding the issuance of an order under subsection (e), a defective ballot shall be counted if the intent of the voter can be determined and the ballot would otherwise be counted under IC 3-12-1.

As added by P.L.3-1993, SEC.118. Amended by P.L.3-1997, SEC.264; P.L.225-2011, SEC.52; P.L.194-2013, SEC.45; P.L.278-2019, SEC.58.

IC 3-11-3Chapter 3. Distribution of Ballots and Other Supplies

3-11-3-1Application of chapter

3-11-3-2Repealed

3-11-3-3Paper ballots for precincts where voting systems not sufficient to register all votes

3-11-3-4Repealed

3-11-3-5Repealed

3-11-3-6Repealed

3-11-3-7Repealed

3-11-3-8Repealed

3-11-3-9Repealed

3-11-3-10Receipt and delivery of ballots, supplies, and electronic poll books, and voting systems

3-11-3-11Delivery of ballots and ballot supplies; delivery and installation of hardware, firmware, and software for electronic poll books

3-11-3-12Packaging of ballots; attestation by circuit court clerk; inspector's receipt; packages not to be opened

3-11-3-12.5Strong or stout paper envelope or bag; bound material alternative

3-11-3-13Dispatch of special messenger to pick up ballots on failure of inspector; report to county election board

3-11-3-14Messenger's compensation and mileage allowance

3-11-3-15Failure of inspector to appear at circuit court clerk's office under IC 3-11-3-10

3-11-3-16Voter registration lists; preparation; delivery to inspectors; delivery and installation of electronic poll books

3-11-3-17Repealed

3-11-3-18Repealed

3-11-3-19Repealed

3-11-3-20Voters' poll list cover

3-11-3-21Repealed

3-11-3-22Instruction cards; write-in voting notice cards; printing and delivery

3-11-3-23Instruction cards; contents

3-11-3-24Instruction cards; posting

3-11-3-25Displaying sample ballots

3-11-3-26Loss or destruction of ballots delivered to county election board; report; affidavit of circumstances; resupply

3-11-3-27Failure or refusal to report and make proof of loss of ballots

3-11-3-28Securing ballots or other means of voting when none available

3-11-3-29Candidates appointed or selected after printing of ballots and before election; name change

3-11-3-29.3Name of former candidate who filed with secretary of state or election division; printing name of former candidate on ballot; replacement ballot; effect of former candidate receiving the most votes

3-11-3-29.4Name of former candidate who filed with circuit court clerk or board of elections and registration; printing name of former candidate on ballot; replacement ballot; effect of former candidate receiving the most votes

3-11-3-29.5Former candidates; reprinting ballots

3-11-3-30Repealed

3-11-3-31Leftover ballots; preservation; destruction

3-11-3-32Preservation of ballot in election record; entry of information

3-11-3-33Provision of ballot box

3-11-3-34Ballot boxes; specifications

3-11-3-35Counties with population of more than 400,000 and less than 700,000; voting system malfunction; paper ballots and necessary supplies

Notes of Decisions

Cited in 1 case, 2007–2007 · leading case: Curtis v. Butler, 866 N.E.2d 318 (Ind. Ct. App. 2007).

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Curtis v. Butler, 866 N.E.2d 318 (Ind. Ct. App. 2007). · cites it 2× “…counted “if the intent of the voter can be determined and the ballot would otherwise be counted under IC 3-12-1.” Ind. Code § 3-11-2-16 (f).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.