Indiana Code Title 3. Elections § 3-14-3-16

Sec. 16 . (a) As used in this section, “electioneering” includes expressing support or opposition to any candidate or political party or expressing approval or disapproval of any public question in any manner that could reasonably be expected to convey that support or opposition to another individual.  The term includes wearing or displaying an article of clothing, sign, button, or placard that states the name of any political party or includes the name, picture, photograph, or other likeness of any currently elected federal, state, county, or local official.  The term does not include expressing support or opposition to a candidate or a political party or expressing approval or disapproval of a public question in:

(1) material mailed to a voter;  or

(2) a telephone or an electronic communication with a voter.

(b) A person who knowingly does any electioneering:

(1) on election day within:

(A) the polls;  or

(B) the chute;

(2) within an area in the office of the circuit court clerk or a satellite office of the circuit court clerk established under IC 3-11-10-26.3 used by an absentee voter board to permit an individual to cast an absentee ballot;  or

(3) except for a voter who is:

(A) the person's spouse;

(B) an incapacitated person (as defined in IC 29-3-1-7.5 ) for whom the person has been appointed the guardian (as defined in IC 29-3-1-6 );  or

(C) a member of the person's household;

in the presence of a voter whom the person knows possesses an absentee ballot provided to the voter in accordance with Indiana law;

commits a Class A misdemeanor.


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