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Indiana Code Title 3. Elections § 3-11.7-7-3

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 3. (a) Before issuing an order under this chapter, the court or entity must take evidence and make the following findings:

(1) The polls were substantially delayed in opening at the time fixed by IC 3-11-8-8.

(2) The specific precincts or vote centers in which substantial delays occurred.

(3) If a poll closed at any time during the hours specified by IC 3-11-8-8, how long the polls were closed and in which precincts and vote centers the closing occurred.

(4) Substantial evidence exists that voters were prevented from casting a ballot due to a delay or closure of the polls during the hours specified by IC 3-11-8-8.

(5) The actual harm determined can only be ameliorated by the extension of polling hours.

(6) The county election board filed written notice with the secretary of state and the election division indicating that the county election board:

(A) filed the action or petition with the court to extend hours;  and

(B) received confirmation from the court of the receipt of the filings.

(b) If the court is unable to make the applicable findings regarding a delay in opening or a subsequent closure of the polls described in subsection (a), the court shall not issue an order extending the polling hours specified under IC 3-11-8-8.

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Cite this article: FindLaw.com - Indiana Code Title 3. Elections § 3-11.7-7-3 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-3-elections/in-code-sect-3-11-7-7-3/

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