2014 Indiana Code TITLE 3. ELECTIONS ARTICLE 11. VOTING METHODS, SUPPLIES, AND EQUIPMENT CHAPTER 17. VOTING SYSTEM VIOLATIONS
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IC 3-11-17
Chapter 17. Voting System Violations
IC 3-11-17-1
Application
Sec. 1. This chapter applies to a voting system or an electronic
poll book vendor who markets, sells, leases, installs, implements, or
permits the use of a voting system or an electronic poll book in an
election conducted in Indiana.
As added by P.L.221-2005, SEC.96. Amended by P.L.271-2013,
SEC.23; P.L.258-2013, SEC.79.
IC 3-11-17-2
Marketing, sale, lease, installation, implementation, or permission
for use of voting system in violation of election law; civil penalty
Sec. 2. In addition to any other penalty imposed, a vendor who
knowingly, recklessly, or negligently markets, sells, leases, installs,
implements, or permits the use of a voting system or an electronic
poll book in an election conducted in Indiana in violation of this title
is subject to a civil penalty under this chapter.
As added by P.L.221-2005, SEC.96. Amended by P.L.219-2013,
SEC.57.
IC 3-11-17-3
Civil penalty assessed by secretary of state; maximum penalty
Sec. 3. If the secretary of state determines that a vendor is subject
to a civil penalty under section 2 of this chapter, the secretary of state
may assess a civil penalty. The civil penalty assessed under this
section may not exceed three hundred thousand dollars ($300,000),
plus any investigative costs incurred and documented by the
secretary of state.
As added by P.L.221-2005, SEC.96.
IC 3-11-17-4
Imposition of civil penalty requires administrative adjudication
Sec. 4. The secretary of state is subject to IC 4-21.5 in imposing
a civil penalty under this chapter.
As added by P.L.221-2005, SEC.96.
IC 3-11-17-5
Deposit of civil penalties
Sec. 5. All civil penalties collected under this chapter shall be
deposited with the treasurer of state in the voting system technical
oversight program account established by section 6 of this chapter.
As added by P.L.221-2005, SEC.96.
IC 3-11-17-6
Voting system technical oversight program account; source and
use of money; expenses
Sec. 6. (a) The voting system technical oversight program account
is established with the state general fund to provide money for
administering and enforcing IC 3-11-7, IC 3-11-7.5, IC 3-11-15,
IC 3-11-16, and this chapter.
(b) The election division shall administer the account. With the
approval of the budget agency, funds in the account are available to
augment and supplement the funds appropriated to the election
division for the purposes described in this section.
(c) The expenses of administering the account shall be paid from
the money in the account.
(d) The account consists of the following:
(1) All civil penalties collected under this chapter.
(2) Fees collected under IC 3-11-15-4.
(3) Contributions to the account made in accordance with a
settlement agreement executed with a voting system vendor.
(e) Money in the account at the end of a state fiscal year does not
revert to the state general fund.
As added by P.L.221-2005, SEC.96. Amended by P.L.3-2008, SEC.3;
P.L.120-2009, SEC.11.
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