How long do we keep election ballots in Indiana? 34 months.
34 months, then destroy or transfer. A 2026 amendment to IC 3-10-1-31.1(b) raised the preservation period for ballots and other election material from 22 to 34 months, effective January 1, 2026. The County Clerk retention schedule still prints 22 months; the longer statute controls.
- Ballots and other election material (IC 3-10-1-31.1(b))
- Preserve 34 months, as amended by P.L.68-2026, effective January 1, 2026; then destroy or transfer to a state educational institution
- What the schedule still prints (CL 23-01, CL 10-30, CL 23-02)
- 22 months after the election for which the records were produced. The longer statute controls until the schedule is revised
- Unused ballots (CL 10-31)
- Keep one regular ballot per township and one provisional ballot per precinct for the County Election Board minutes; destroy the rest after the recount petition filing deadline
- The federal layer
- For any election with a federal office on the ballot, 52 U.S.C. 20701 independently requires 22 months of retention; the 34 month state period covers it
The short answer: 34 months, then destroy or transfer
In Michigan, this question has two answers depending on what was on the ballot. Indiana gives one, and in 2026 it changed. Senate Enrolled Act 113 (P.L.68-2026) amended the statute that governs county election materials:
Indiana Code 2026, IC 3-10-1-31.1(b). Amended by P.L.68-2026 (SEA 113).
Indiana Code Title 3 on iga.in.govThe Indiana Election Division’s April 2026 Dispatch explains the timing: “The period shifts from 22 months to 34 months beginning January 1, 2026.” It adds that the start date is retroactive, so “any election materials under the control of county election officials as of January 1, 2026, are subject to the new 34 month retention rule.” Material that had not been destroyed by that date is now on the longer clock.
When the 34 months have run, the same section says the ballots may be destroyed in the manner provided by IC 3-11-3-31 or transferred to a state educational institution as provided by IC 3-12-2-12 (IC 3-10-1-31.1(h)). Destruction is still subject to the records law in IC 5-15-6, and a court order under the provisions listed in the statute keeps the material on the shelf longer.
What the schedule still prints
The Non-Judicial County Clerk Retention Schedule was approved in 2023, before the amendment, and still prints the old period. Here is the ballots series as printed:
Non-Judicial County Clerk Retention Schedule (CL); approved by the Oversight Committee on Public Records 10/25/2023.
Official PDF on in.govThe paperwork around the ballots, from absentee ballot applications and tally sheets to poll lists and voting-system chain of custody records, sits in two companion series that print the same 22 month period:
Non-Judicial County Clerk Retention Schedule (CL); approved by the Oversight Committee on Public Records 10/25/2023.
Official PDF on in.govNon-Judicial County Clerk Retention Schedule (CL); approved by the Oversight Committee on Public Records 10/25/2023.
Official PDF on in.govA retention schedule cannot shorten a period the legislature has set. Where the statute now says 34 months, a county following the printed 22 months would destroy material the law still requires it to keep. The schedule itself says CL 10-30 retention is “based on IC 3-10-1-31.1.” Whether every item listed in CL 23-02 (candidate documents, for example) counts as “other material” under the statute is not spelled out, so the cautious course is to hold the whole group for 34 months and confirm specifics with the Indiana Election Division or the Indiana Archives and Records Administration.
The one election series the statute expressly leaves out is the ballots nobody voted:
Non-Judicial County Clerk Retention Schedule (CL); approved by the Oversight Committee on Public Records 10/25/2023.
Official PDF on in.govThe printed schedule keys that series to IC 3-6-5-13(c), and IC 3-10-1-31.1(b) opens with “Except for unused ballots disposed of under IC 3-11-3-31.” Unused ballots matter only as evidence of what was printed and as material for a possible recount, so one copy per township and per precinct goes into the Election Board minutes and the rest wait only until a recount petition can no longer be filed.
The federal layer
Federal law, 52 U.S.C. 20701, requires that records relating to an election that included a federal office on the ballot be preserved for 22 months. That is a federal statute operating on its own, and it is why Indiana’s period used to be 22 months: the state and federal clocks matched. With the state period now at 34 months, the state rule is the longer one. A county that keeps election material for 34 months has also met the federal requirement, so there is still no need to sort records into federal and non-federal piles the way some states do.
Who actually holds these records
Every series quoted above comes from the Non-Judicial County Clerk Retention Schedule (CL). In Indiana, election records run through the circuit court clerk and the County Election Board, so the retention decisions belong at the county level. The practical guidance for everyone else: a city, town, or township clerk who finds ballots, poll lists, or other election paperwork in their own files should coordinate with the county clerk before destroying anything. The county knows whether a recount, contest, or request is pending, and an office that is not the custodian should not be the one running the destruction clock.
When the clock runs out
Hitting 34 months does not mean quietly emptying a shelf. For scheduled records past retention, Indiana’s workflow is destroy, then document: file State Form 44905, the Notice of Destruction, with the County Commission of Public Records, with a copy to the Indiana Archives and Records Administration (IC 5-15-6-2.5(d)). And no destruction happens while the records are tied to a pending recount, contest, audit, or records request. The full process, including what changes for unscheduled records, is in our guide to Indiana retention schedules.
If you also work across the state line: Michigan splits this question into 22 months for ballots with federal offices and 30 days for state and local ballots, while Indiana now keeps ballots and other election material for 34 months; the Michigan rules are quoted in the Michigan edition of this post.
Dekree runs this workflow for Michigan local governments today: election records filed against their retention series with the destruction date computed from the election. We are bringing the platform to Indiana next. If you want it in your office, email contact@dekree.ai with the subject line Indiana and we will add your office to the Indiana rollout list.
Common questions
How long does an Indiana county keep voted ballots?
Thirty-four months. IC 3-10-1-31.1(b), as amended by P.L.68-2026 (SEA 113), says the circuit court clerk "shall carefully preserve the sealed ballots and other material for thirty-four (34) months." The Indiana Election Division's April 2026 Dispatch says the change took effect January 1, 2026 and applies to election materials under county control as of that date. Item CL 23-01 (Voted Ballots) on the Non-Judicial County Clerk Retention Schedule, approved 10/25/2023, still prints twenty-two (22) months, as do CL 10-30 and CL 23-02. Where a statute requires a longer period than the schedule, the statute controls.
Why does the schedule say 22 months if the answer is 34?
Because the schedule predates the law change. Until 2026, IC 3-10-1-31.1(b) said 22 months, which matched the federal rule: 52 U.S.C. 20701 requires records relating to an election that included a federal office to be preserved for 22 months. SEA 113 lengthened the state period to 34 months starting January 1, 2026, and the County Clerk schedule has not yet been revised. The 34 month state period is longer than the federal one, so meeting it also satisfies the federal requirement.
What happens to unused ballots after an Indiana election?
They have their own rule, item CL 10-31 (Unused Ballots): retain one copy of the regular ballot for each township and one provisional ballot for each precinct for inclusion in the County Election Board minutes, then destroy the remaining ballots after the filing deadline for a recount petition. The printed schedule keys this series to IC 3-6-5-13(c). The statute itself carves them out of the 34 month rule: IC 3-10-1-31.1(b) begins "Except for unused ballots disposed of under IC 3-11-3-31".
Our town or township office still has election paperwork. Can we destroy it?
Coordinate with the county first. The election series quoted here live on the county clerk retention schedule, and election records in Indiana run through the circuit court clerk and the County Election Board, not the town or township office. As practical guidance, a town or township clerk who finds ballots or election paperwork in their files should contact the county clerk before destroying anything, and nothing tied to a pending recount, contest, audit, or records request should be destroyed while that matter is open.
This article is educational information for Indiana public agencies, current as of the last update. It is not legal advice, and statutes and court decisions change. Confirm specifics with your agency attorney. Statute text: iga.in.gov.
The Indiana Clerk’s Retention Cheat Sheet
The retention rules Indiana clerk-treasurers look up most (minutes, recordings, ordinances, email, claims, bank statements, permits, personnel files) on two printable pages. Each rule is quoted from the IARA schedules with its series number. Pin it by your desk.