§ Ind. Code § 3-11.7-5-1.5Provisional ballot; counting when ballot made invalid by mistake or inadvertence of election officer; when election board may determine not to count

(a) Subsection (c) applies to a provisional ballot that the county election board
determines, by a majority vote of its members and in accordance with this title:
(1) has been marked and cast by a voter in compliance with this title; but
(2) may not otherwise be counted solely as the result of the act or failure to act of an
election officer.