Sec. 16. (a) As used in this section, "electioneering" means making a verbal statement, displaying a written statement indicating support or opposition to a candidate, political party, or public question appearing on the ballot, or wearing or displaying an article of clothing, sign, button, or placard that states: (1) the name of any political party or includes the name, picture, photograph, or other likeness of any candidate or currently elected federal, state, county, or local official; or (2) support for the approval or defeat of a public question. (b) 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. (c) A person who knowingly does any electioneering: (1) on election day within: (A) the polls; or (B) the chute; (2) before election day within: (A) 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 (B) fifty (50) feet of the entrance to the office of the circuit court clerk or satellite office; 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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