Elections matters., the official text

Second Regular Session of the 124th General Assembly (2026)

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between statutes enacted by the 2025 Regular Session of the General Assembly.

  SENATE ENROLLED ACT No. 113

   AN ACT to amend the Indiana Code concerning elections.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 3-6-5-17, AS AMENDED BY P.L.193-2021,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 17. (a) Each county election board shall submit a
report to the election division after each primary, special, municipal,
and general election describing the activities of the board during the
previous year. The board shall include the following in the report:

      (1) Information relating to the expenses of office maintenance and
      elections within the county or political subdivisions within the
      county.
      (2) A copy of the statement of the county election board
      containing the votes cast for each candidate and on each public
      question in each precinct at the last election preceding the
      submission of the report.
      (3) (2) Any additional information relating to elections that the
      commission prescribes.
   (b) The report described in subsection (a) must be transmitted to the
election division using the computerized list under IC 3-7-26.3 not later
than fourteen (14) days after each election.
   (c) The election division shall send a copy of each report to the
office not later than ten (10) days after receiving the report.
   (d) At the same time the county election board submits the
report under subsection (a), the board shall provide to the election

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division through a module of the computerized list established
under IC 3-7-26.3 the votes cast for each candidate and on each
public question in each precinct at the last election preceding the
submission of the report.

   (e) This subsection applies if the official election results of an
election are revised following a recount or election contest
conducted under IC 3-12. Each county election board shall provide
to the election division through a module of the computerized list
established under IC 3-7-26.3 the revised votes cast for each
candidate and on each public question in each precinct not later
than fourteen (14) days after the certification of the revised
election results by a court or the state recount commission.

   (f) The election division shall promptly publish election results
provided under subsection (d) or (e) on the website maintained by
the election division. The election results published under this
subsection must be downloadable in a format that can be imported
into standard spreadsheet computer software.

   SECTION 2. IC 3-10-1-31.1, AS AMENDED BY P.L.153-2024,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2026 (RETROACTIVE)]: Sec. 31.1. (a) The inspector
of each precinct shall deliver the bags required by section 30(a) and
30(c) of this chapter in good condition, together with poll lists, tally
sheets, and other forms, to the circuit court clerk when making returns.

   (b) Except for unused ballots disposed of under IC 3-11-3-31 or the
copies of the affidavits received by the county election board under
IC 3-14-5-2 for delivery to the prosecuting attorney, the circuit court
clerk shall seal the ballots (including provisional ballots) and other
material (including election material related to provisional ballots)
during the time allowed to file a verified petition or cross-petition for
a recount of votes or to contest the election. Except as provided in
subsection (c) and notwithstanding any other provision of state law,
after the recount or contest filing period, the election material,
including election material related to provisional ballots (except for
ballots and provisional ballots, which remain confidential) shall be
made available for copying and inspection under IC 5-14-3. The circuit
court clerk shall carefully preserve the sealed ballots and other material
for twenty-two (22) thirty-four (34) months, as required by 52 U.S.C.
20701, after which the sealed ballots and other material are subject to
IC 5-15-6 unless an order issued under:

      (1) IC 3-12-6-19 or IC 3-12-11-16; or
      (2) 52 U.S.C. 10301;
requires the continued preservation of the ballots or other material.

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   (c) If a petition for a recount or contest is filed, the material for that
election remains confidential until completion of the recount or contest.

   (d) Upon delivery of the poll lists, the county voter registration
office shall unseal the envelopes containing the poll lists, inspect the
poll lists, and update the registration records of the county. The county
voter registration office shall use the poll lists and information on
affidavits executed under IC 3-10-10, IC 3-10-11, or IC 3-10-12 to
update the registration record to include the voter's voter identification
number if the voter's voter identification number is not already
included in the registration record. Upon completion of the inspection,
the poll list and affidavits shall be preserved with the ballots and other
materials in the manner prescribed by subsection (b) for the period
prescribed by subsections (b) and (c).

   (e) In addition to the poll lists described in subsection (d), the
county voter registration office shall use the affidavits described by
IC 3-10-10-7, IC 3-10-11-4, and IC 3-10-12-3.4 to update the
registration records of the county as soon as the affidavits are delivered
to the county voter registration office.

   (f) The county voter registration office shall retain a voter's paper
registration records associated with the address at which the voter is
registered to vote until all of the following are satisfied:

      (1) The voter's registration at the address stated in the voter's
      registration application has been canceled.
      (2) The general election immediately following the cancellation
      of the voter's registration under subdivision (1) has occurred.
      (3) Twenty-four (24) months have elapsed following the general
      election described in subdivision (2).
   (g) This subsection does not apply to ballots, including provisional
ballots. Notwithstanding subsection (b), if a county voter registration
office determines that the inspection and copying of precinct election
material would reveal the political parties, candidates, and public
questions for which an individual cast an absentee ballot, the county
voter registration office shall keep confidential only that part of the
election material necessary to protect the secrecy of the voter's ballot.
In addition, the county voter registration office shall keep confidential
information contained in material related to provisional ballots that
identifies an individual, except for the individual's name, address, and
birth date.
   (h) After the expiration of the period described in subsection (b) or
(c), the ballots may be destroyed in the manner provided by
IC 3-11-3-31 or transferred to a state educational institution as
provided by IC 3-12-2-12.

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   (i) This subsection applies to a detachable recording unit or
compartment used to record a ballot cast on a direct record electronic
voting system. After the time allowed to file a verified petition or
cross-petition for a recount of votes or to contest the election, the
circuit court clerk shall transfer the data contained in the unit or
compartment to a disc or other recording medium. After transferring
the data, the clerk may clear or erase the unit or compartment. The
circuit court clerk shall carefully preserve the disc or medium used to
record the data for twenty-two (22) thirty-four (34) months, as
required by 52 U.S.C. 20701, after which time the disc or medium may
be erased or destroyed, subject to IC 5-15-6, unless an order requiring
the continued preservation of the disc or medium is issued under the
following:

      (1) IC 3-12-6-19.
      (2) IC 3-12-11-16.
      (3) 52 U.S.C. 10301.
   (j) This subsection applies to a county using an electronic poll book.
After each election, the county shall save all data recorded on the
electronic poll book and any information stored on the dedicated,
private server required under IC 3-11-8-10.3(b)(4). The circuit court
clerk shall carefully preserve the disc or medium used to record the
data for twenty-two (22) thirty-four (34) months, as required by 52
U.S.C. 20701, after which time the data may be erased or destroyed,
subject to IC 5-15-6, unless an order requiring the continued
preservation of the data is issued under the following:
      (1) IC 3-12-6-19.
      (2) IC 3-12-11-16.
      (3) 52 U.S.C. 10301.
   (k) This section does not prohibit county election officials from
performing post-election audits, as authorized by statute.
   (l) This section does not prohibit county election officials from
performing a duty under IC 3-11.7.
   SECTION 3. An emergency is declared for this act.

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President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

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