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Thursday, March 27, 2008

Ind. Gov't. - Wondering if you can vote in the Democratic primary? [Updated]

Indianapolis Star columnist Andrea Neal had a column yesterday pointing out that Indiana is an open primary state and describing the worst that can happen if you go to the poll this May and declare yourself as a Democrat when the voting book shows you with a long string of Republican ballots requested in the past. Or vice versa.

She doesn't cite the applicable statutes, however, as this is not a legal article. Can someone help out?

[More] OK, here is the section re challenging a voter at a primary election - IC 3-10-1-9

Sec. 9. A voter in a precinct may challenge a voter or person who offers to vote at a primary election. The challenged person may not vote unless the challenged person:
(1) is registered;
(2) makes:
(A) an oral or a written affirmation under IC 3-10-12; or
(B) an affidavit:
(i) that the challenged person is a voter of the precinct; or
(ii) required under IC 3-10-11 if the voter declares that the voter is entitled to vote under IC 3-10-11; and
(3) either:
(A) at the last general election voted for a majority of the regular nominees of the political party for whose candidates the challenged person proposes to vote in the primary election and intends to vote for the regular nominees of the political party at the next general election; or
(B) if the challenged person did not vote at the last general election, intends to vote at the next general election for a majority of the regular nominees of the political party holding the primary election.

As added by P.L.5-1986, SEC.6. Amended by P.L.17-1993, SEC.9; P.L.12-1995, SEC.62.

Posted by Marcia Oddi on March 27, 2008 10:32 AM
Posted to Indiana Government