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.