New Indiana Election Law Protects Election Workers

In a significant step to safeguard democracy, a new Indiana election law has been enacted to protect election workers from both threats and interference. The recently passed Senate Enrolled Act No. 170, which took effect on July 1st, 2024, makes it a felony to obstruct, interfere with, or injure an election worker. This law covers a broad range of election officials, from precinct officers and county election board members to absentee ballot counters and couriers.  

By imposing severe penalties for acts of obstruction or violence against these essential workers, Indiana is working to ensure that elections can be conducted fairly and without fear. This legislation underscores the state’s commitment to maintaining the integrity of its electoral process and protecting those who play a crucial role in it.  

With major elections coming up this fall, tensions are likely to run high. Therefore, it’s important for all Hoosiers to fully understand this new Indiana election law protecting election workers, and to use caution and restraint when interacting with officials. If you, or a loved one, is arrested in Indiana and charged with obstructing, interfering, or injuring an election worker or voter, do not hesitate to contact our Indianapolis criminal defense lawyers at 317-751-7186 or complete our online contact form to schedule a free case consultation. We understand Indiana’s election laws inside and out, and have a deep respect for constitution. We will work tirelessly to protect your rights, reputation, and future.  

Overview of the New Indiana Election Law on Interference 

The new Indiana election law protecting election workers and voters can be found in Indiana Code 3-14-3-4. This new law makes it a Level 6 felony for any person who, with the intent to obstruct or interfere with an election worker or a voter, knowingly or intentionally: 

Obstructs or interferes with: 

• An election worker in the discharge of their duties, or 
• A voter within the voting area (referred to as the “chute”). 

Engages in Such Obstruction or Interference on: 

• Election day, or 
• Any day when voting is allowed before an absentee voter board. 

Additionally, the law classifies it as a Level 6 felony in Indiana for any person who knowingly or intentionally injures an election worker or a voter: (a) in the exercise of the election worker’s or voter’s rights or duties; or (b) because the election worker or voter has exercised their rights or duties. 

The law also provides specific protections and requirements for witnesses. If a person is called to testify against another for violating this section, they are considered a competent witness even if they were involved in the violation. The witness is compelled to testify as other witnesses would be. However, their testimony cannot be used against them in any prosecution related to the matters about which they testify, and they are not liable to indictment or information for the offense. 

As stated earlier, this new Indiana law underscores Indiana’s commitment to protecting the people who ensure our elections are fair and free from interference. By imposing strict penalties on those who seek to disrupt the voting process or harm those involved, the state aims to uphold the integrity of its democratic processes. 

Who is Considered an Election Worker in Indiana? 

In Indiana, the term “election worker” encompasses a wide range of roles crucial to the smooth operation of elections. These individuals are essential in ensuring the integrity and efficiency of the electoral process. Here is a breakdown of who is considered an election worker: 

• Precinct Election Officers: These are the frontline workers at polling places, including those with different titles at vote centers. 
• Members of County Election Boards: These individuals oversee the administration of elections at the county level. 
• Members of County Boards of Elections and Registration: They manage the voter registration process and ensure accurate voter rolls. 
• Members of Boards of Registration: Established under IC 3-7-12;, these members are involved in maintaining the integrity of voter registration. 
• Circuit Court Clerks: These clerks play a role in the administrative aspects of elections within their jurisdictions. 
• Employees of the Office of a Circuit Court Clerk: Staff who assist the circuit court clerks in their duties related to elections. 
• Members of Town Election Boards: These members are responsible for overseeing elections within towns. 
• Individuals Serving Under IC 3-6-6-39: Specific roles defined under this section, contributing to the election process. 
• Challengers or Pollbook Holders: Under IC 3-6-7, these individuals have specific duties to ensure the accuracy and fairness of the voting process. 
• Watchers: Defined under IC 3-6-8, IC 3-6-9, or IC 3-6-10, watchers observe the election process to ensure transparency and adherence to the law. 
• Individuals Appointed Under IC 3-11.5-4: This includes: 
• Members of an absentee voter board 
• Absentee ballot counters 
• Couriers 

These roles collectively form the backbone of the election workforce in Indiana, ensuring that every aspect of the electoral process runs smoothly and fairly. By understanding who these election workers are, we can better appreciate their vital contributions and the protections the new law affords them. 

Additional Election Interference Laws in Indiana  

Indiana has established a robust legal framework to protect the integrity of its elections. These Indiana election laws address various aspects of election security and voter protection, ensuring that every vote is accurately counted and every voter can participate without fear of interference or fraud. 

Procuring or Submitting False Registration Applications or Ballots 

Under Indiana Code 3-14-3-1.1, it is a Level 6 felony to knowingly procure or submit a materially false, fictitious, or fraudulent voter registration application or ballot. This provision targets individuals attempting to manipulate the voter registration process or the casting and tabulating of ballots. 

Failure to Cast or Return Ballot Properly 

Indiana Code 3-14-3-2 makes it a Class A misdemeanor for a person to knowingly fail to cast or return an official ballot in the prescribed manner. This ensures that all ballots are properly handled and counted. 

Interference with Watcher’s Duties 

Interfering with an election watcher, preventing them from performing their duties, or violating specific provisions related to election watchers is classified as a Level 6 felony under Indiana Code 3-14-3-3. This law protects the role of election watchers in ensuring transparency and fairness. 

Tampering with Voting Systems 

Several laws address tampering with voting systems: 

• Indiana Code 3-14-3-5: Precinct election officers who tamper with or disarrange voting systems to cause them to fail to correctly register votes commit a Level 6 felony. 
• Indiana Code 3-14-3-6: Allowing a knowingly inaccurately adjusted voting system to be used for voting is also a Level 6 felony. 
• Indiana Code 3-14-3-7: Removing, changing, or mutilating a voting system ballot label to deceive voters is a Level 6 felony. 
• Indiana Code 3-14-3-8: Anyone other than a precinct election officer who damages, disarranges, or tampers with voting systems commits a Level 6 felony. 

Additional Protections and Offenses 

• Indiana Code 3-14-3-9: Failing to receive the vote of a legal voter is a Level 6 felony. 
• Indiana Code 3-14-3-10: Removing or destroying voting booth supplies or instruction cards during an election is a Level 6 felony. 
• Indiana Code 3-14-3-11: Tampering with marking devices, ballots, or other election records or equipment is a Level 6 felony. 
• Indiana Code 3-14-3-12: Attempting to leave the polls with a ballot or marking device is a Class A misdemeanor. 
• Indiana Code 3-14-3-4: Removing a ballot from the polling place is a Class C infraction. 
• Indiana Code 3-14-3-14: Unauthorized printing or delivery of ballots is a Level 6 felony. 

The Importance of Hiring a Criminal Defense Attorney in Indiana  

Being charged with an election-related crime in Indiana is a serious matter that can have lasting consequences on your life and reputation. The complexities of election laws and the severity of penalties for violations make it crucial to have skilled legal representation. If you find yourself facing such charges, hiring an Indiana criminal defense attorney is essential. 

An experienced criminal defense attorney in Indiana will understand the intricacies of Indiana Code 3-14-3, which governs election interference offenses, and provide you with essential support and guidance during this challenging time. They will keep you informed about your case’s progress, explain the legal procedures, and help you make informed decisions.  

When you choose to hire one of the best criminal defense lawyers in Indiana, you can rest assured that they will thoroughly investigate the charges against you; examining all evidence and identifying any procedural errors or violations of your rights. They will also work to challenge the prosecution’s case, seeking to have charges reduced or dismissed where possible. Ultimately, their goal will be to ensure that you receive a fair trial and that your constitutional rights are protected throughout the legal process. 

Remember: the stakes are incredibly high in election-related cases, where a felony-level conviction in Indiana can result in severe penalties, including significant fines and potential imprisonment. The social and professional stigma associated with such charges can also be very damaging. That’s why it’s critical to engage with an attorney as early in the process as possible. From day one, they will work tirelessly to mitigate these risks, advocating on your behalf to achieve the best possible outcome. 

Facing Criminal Charges under the New Indiana Election Law? 

If you have been charged under the new Indiana election law on interference, hiring an criminal defense lawyer in Indiana is not just important—it’s imperative. Thankfully, Keffer Hirschauer LLP employs some of the best criminal defense lawyers in Indianapolis, and they are available to represent you anywhere in the state of Indiana. Our team, led by two former deputy prosecutors, Bradley Keffer and Tom Hirschauer III, has the experience and skills required to protect your rights, challenge the evidence against you, and strive to clear your name. With their expertise and dedication, you can face the charges with confidence, knowing you have a skilled advocate on your side. 

To begin addressing this matter today, contact Keffer Hirschauer LLP at 317-751-7186 or complete our online contact form to schedule your FREE and CONFIDENTIAL case consultation.