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 . IC 3-11-3 Chapter 3. Distribution of Ballots and Other Supplies 3-11-3-1 Application of chapter 3-11-3-2 Repealed 3-11-3-3 Paper ballots for precincts where voting systems not sufficient to register all votes 3-11-3-4 Repealed 3-11-3-5 Repealed 3-11-3-6 Repealed 3-11-3-7 Repealed 3-11-3-8 Repealed 3-11-3-9 Repealed 3-11-3-10 Receipt and delivery of ballots, supplies, and electronic poll books, and voting systems 3-11-3-11 Delivery of ballots and ballot supplies; delivery and installation of hardware, firmware, and software for electronic poll books 3-11-3-12 Packaging of ballots; attestation by circuit court clerk; inspector's receipt; packages not to be opened 3-11-3-12.5 Strong or stout paper envelope or bag; bound material alternative 3-11-3-13 Dispatch of special messenger to pick up ballots on failure of inspector; report to county election board 3-11-3-14 Messenger's compensation and mileage allowance 3-11-3-15 Failure of inspector to appear at circuit court clerk's office under IC 3-11-3-10 3-11-3-16 Voter registration lists; preparation; delivery to inspectors; delivery and installation of electronic poll books 3-11-3-17 Repealed 3-11-3-18 Repealed 3-11-3-19 Repealed 3-11-3-20 Voters' poll list cover 3-11-3-21 Repealed 3-11-3-22 Instruction cards; write-in voting notice cards; printing and delivery 3-11-3-23 Instruction cards; contents 3-11-3-24 Instruction cards; posting 3-11-3-25 Displaying sample ballots 3-11-3-26 Loss or destruction of ballots delivered to county election board; report; affidavit of circumstances; resupply 3-11-3-27 Failure or refusal to report and make proof of loss of ballots 3-11-3-28 Securing ballots or other means of voting when none available 3-11-3-29 Candidates appointed or selected after printing of ballots and before election; name change 3-11-3-29.3 Name of former candidate who filed with secretary of state or election division; printing name of former candidate on ballot; replacement ballot; effect of former candidate receiving the most votes 3-11-3-29.4 Name of former candidate who filed with circuit court clerk or board of elections and registration; printing name of former candidate on ballot; replacement ballot; effect of former candidate receiving the most votes 3-11-3-29.5 Former candidates; reprinting ballots 3-11-3-30 Repealed 3-11-3-31 Leftover ballots; preservation; destruction 3-11-3-32 Preservation of ballot in election record; entry of information 3-11-3-33 Provision of ballot box 3-11-3-34 Ballot boxes; specifications 3-11-3-35 Counties with population of more than 400,000 and less than 700,000; voting system malfunction; paper ballots and necessary supplies
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