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3-11.7-7-3. Issuance of order to extend closing of polls; evidence and findings required

IN Code § 3-11.7-7-3 (2019) (N/A)
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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.

(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.

As added by P.L.278-2019, SEC.136.

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3-11.7-7-2. Only county election board has standing in action for seeking order to extend closing of polls; unanimous vote
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