2014 Indiana Code TITLE 3. ELECTIONS ARTICLE 11. VOTING METHODS, SUPPLIES, AND EQUIPMENT CHAPTER 7. APPROVAL OF BALLOT CARD VOTING SYSTEMS
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IC 3-11-7
Chapter 7. Approval of Ballot Card Voting Systems
IC 3-11-7-1
Necessity of approval
Sec. 1. The commission must approve a ballot card voting system
before it may be used in an election.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.235;
P.L.2-1996, SEC.161; P.L.239-2001, SEC.8; P.L.221-2005, SEC.48.
IC 3-11-7-2
Approval of system by commission
Sec. 2. The commission may approve a ballot card voting system
only if the commission determines that the system meets the
standards in this chapter and IC 3-11-15.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.236;
P.L.2-1996, SEC.162; P.L.176-1999, SEC.68.
IC 3-11-7-3
Capability of system; voting in secrecy
Sec. 3. A ballot card voting system must enable a voter to cast a
vote in secrecy for all offices and public questions for which the
voter is entitled to vote.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.237.
IC 3-11-7-3.5
Face of ballot card
Sec. 3.5. A ballot card printed for use under this article must have
the year of the election to be conducted printed or stamped on the
face of the ballot card.
As added by P.L.176-1999, SEC.69.
IC 3-11-7-4
Capability of system; voting straight or split ticket variations;
independent candidates; presidential electors; public questions
Sec. 4. (a) A ballot card voting system must permit a voter to vote:
(1) except at a primary election, a straight party ticket for all of
the candidates of one (1) political party by a single mark on
each ballot card;
(2) for one (1) or more candidates of each political party or
independent candidates, or for one (1) or more school board
candidates nominated by petition;
(3) a split ticket for the candidates of different political parties
and for independent candidates; or
(4) a straight party ticket and then split that ticket by casting
individual votes for candidates of another political party or
independent candidate.
(b) A ballot card voting system must permit a voter to vote:
(1) for all candidates for presidential electors of a political party
or an independent ticket by making a single voting mark; and
(2) for or against a public question on which the voter may vote.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.238;
P.L.3-1993, SEC.131; P.L.221-2005, SEC.49; P.L.219-2013,
SEC.38.
IC 3-11-7-5
Requisites of systems
Sec. 5. A ballot card voting system must be:
(1) suitably designed for the purpose used;
(2) of durable construction;
(3) safe, efficient, and accurate in the conduct of elections and
counting of ballots; and
(4) in compliance with the standards for systems that are
purchased after the effective date of the standards established
under this chapter and IC 3-11-15.
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.19;
P.L.3-1987, SEC.239; P.L.4-1991, SEC.74; P.L.2-1996, SEC.163;
P.L.176-1999, SEC.70.
IC 3-11-7-6
Counting of vote; voting straight or split ticket variations
Sec. 6. A ballot card voting system must count a ballot in
accordance with IC 3-12-1-7 when a voter votes a straight ticket vote
and votes for individual candidates as described by IC 3-12-1-7.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.240;
P.L.3-1993, SEC.132; P.L.164-2006, SEC.96.
IC 3-11-7-7
Repealed
(Repealed by P.L.164-2006, SEC.144.)
IC 3-11-7-8
Repealed
(Repealed by P.L.164-2006, SEC.144.)
IC 3-11-7-9
Repealed
(Repealed by P.L.164-2006, SEC.144.)
IC 3-11-7-10
Repealed
(Repealed by P.L.164-2006, SEC.144.)
IC 3-11-7-11
Repealed
(Repealed by P.L.164-2006, SEC.144.)
IC 3-11-7-11.5
Ballot card voting system; write-in vote count capacity
Sec. 11.5. A ballot card voting system must permit the counting
of write-in votes in accordance with IC 3-12-1-7.5.
As added by P.L.3-1993, SEC.138.
IC 3-11-7-12
Tests to be conducted by independent laboratory before approving
system; marketing, sale, lease, or installation of voting system;
expiration of approval
Sec. 12. (a) The commission shall:
(1) require the vendor to have tests conducted concerning the
compliance of a ballot card voting system with HAVA and the
standards set forth in this chapter and IC 3-11-15; and
(2) have the results of the tests evaluated by the person
designated under IC 3-11-16;
before determining whether to approve the application for
certification of a ballot card voting system.
(b) The tests required under this section must be performed by an
independent laboratory accredited under 42 U.S.C. 15371. The
vendor shall pay any testing expenses incurred under this section.
(c) A ballot card voting system may not be marketed, sold, leased,
installed, or implemented in Indiana before the application for
certification of the system is approved by the commission.
(d) An approval of a ballot card voting system under this chapter
expires on the date specified in section 19(a) of this chapter.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.245;
P.L.2-1996, SEC.164; P.L.221-2005, SEC.50.
IC 3-11-7-13
Repealed
(Repealed by P.L.176-1999, SEC.134.)
IC 3-11-7-14
Supplementary instructions and procedures for safe and efficient
use of system; issuance
Sec. 14. The commission may issue supplementary instructions
and procedures for the safe and efficient use of ballot card voting
systems to carry out this chapter.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.247;
P.L.2-1996, SEC.166.
IC 3-11-7-15
Proposed changes to voting system; tests to be conducted by
independent laboratory before approval; criteria for approval;
marketing, sale, lease, or installation of changes; expiration of
approval
Sec. 15. (a) A vendor may apply for approval of a proposed
improvement or change to a ballot card voting system that is
currently certified by the commission. A proposed improvement or
change may not be marketed, sold, leased, installed, or implemented
in Indiana before the application for the improvement or change is
approved by the commission.
(b) An application for approval of an improvement or change
must be in the form prescribed by the commission.
(c) The vendor applying for approval of an improvement or a
change must have the improvement or change to the voting system
tested by an independent laboratory accredited under 42 U.S.C.
15371. The vendor shall pay any testing expenses incurred under this
subsection.
(d) The election division (or the person designated under
IC 3-11-16) shall review the proposed improvement or change to the
voting system and the results of the testing by the independent
laboratory under subsection (c) and report the results of the review
to the commission. The review must indicate whether the proposed
improvement or change:
(1) has been approved by an independent laboratory accredited
under 42 U.S.C. 15371;
(2) is a de minimis change or a modification;
(3) if the proposed improvement or change is a modification,
whether the modification may be installed and implemented
without any significant likelihood that the voting system would
be configured or perform its functions in violation of HAVA or
this title; and
(4) would comply with HAVA and the standards set forth in
this chapter and IC 3-11-15.
(e) After the commission has approved the application for an
improvement or change (including a de minimis change) to a ballot
card voting system, the improvement or change may be marketed,
sold, leased, installed, or implemented in Indiana.
(f) An approval of an application under this section expires on the
date specified under section 19(a) of this chapter.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.248;
P.L.4-1991, SEC.75; P.L.2-1996, SEC.167; P.L.3-1997, SEC.286;
P.L.14-2004, SEC.108; P.L.221-2005, SEC.51; P.L.76-2014,
SEC.32.
IC 3-11-7-16
Disapproval of system
Sec. 16. The commission may not approve the marketing, sale,
lease, installation, or implementation of a ballot card voting system
by a vendor if the commission finds that the system fails to meet all
statutory requirements.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.249;
P.L.5-1988, SEC.8; P.L.4-1991, SEC.76; P.L.2-1996, SEC.168;
P.L.176-1999, SEC.71; P.L.221-2005, SEC.52.
IC 3-11-7-17
Examination of previously approved voting system; rescission of
approval; prohibition of use
Sec. 17. (a) The election division (or the person designated under
IC 3-11-16) may periodically examine a ballot card voting system
that the commission has previously approved to determine whether
the system is still in compliance with all statutory requirements and
whether the voting system in use in a county has the same hardware,
firmware, and software as the version of the voting system that was
certified by the commission.
(b) If a system does not comply with subsection (a), the
commission may rescind the commission's approval of the voting
system.
(c) If the commission's approval is rescinded under subsection (b),
the commission may prohibit the system from being installed,
implemented, leased, marketed, used, permitted to be used, or sold
for use in Indiana in an election conducted under this title.
As added by P.L.4-1991, SEC.77. Amended by P.L.3-1993, SEC.139;
P.L.2-1996, SEC.169; P.L.2-1997, SEC.9; P.L.3-1997, SEC.287;
P.L.176-1999, SEC.72; P.L.126-2002, SEC.57; P.L.14-2004,
SEC.109; P.L.221-2005, SEC.53.
IC 3-11-7-18
Filing contracts, leases, or purchase orders with election division
Sec. 18. (a) The county executive shall file a copy of all contracts,
leases, or purchase orders, including modifications, for the sale or
lease of voting equipment, systems, or software with the election
division.
(b) The documents listed in subsection (a) must be filed not later
than thirty (30) days after the date of approval of the contract, lease,
or purchase order by the county executive.
As added by P.L.4-1991, SEC.78. Amended by P.L.2-1996, SEC.170;
P.L.3-1997, SEC.288; P.L.221-2005, SEC.54.
IC 3-11-7-19
Expiration of approval of voting system; renewal of approval;
notice of request for renewal; conditions for renewal; approval of
renewal
Sec. 19. (a) Except as provided in subsection (g), the approval of
a ballot card voting system under this chapter expires October 1 of
the year following the year in which presidential electors are elected
under IC 3-10-2-3.
(b) The vendor of a voting system approved under this chapter
may request that the approval be renewed by filing an application
with the election division.
(c) The application described in subsection (b) must identify all
counties that are currently using the voting system. Before the
commission considers the application for renewal, the election
division shall give notice of the application to the circuit court clerk
of each county listed in the application.
(d) When the commission considers the application, the
commission shall request comments regarding the renewal of the
application from any interested person. Before acting on the
application for renewal, the commission must receive a report from
the person designated under IC 3-11-16 indicating that the hardware,
firmware, and software included in the application for renewal of the
voting system is identical to the version of the voting system
previously certified by the commission.
(e) After receiving the report under subsection (d) and receiving
comments from interested persons, the commission shall approve an
application for renewal under this section if the commission finds
that the voting system:
(1) complies with the standards prescribed under this chapter;
(2) has worked effectively where the system has been used; and
(3) has been adequately supported by the vendor of the system.
(f) If the commission finds that a vendor has marketed, sold,
leased, installed, implemented, or permitted the use of a voting
system in Indiana that:
(1) has not been certified by the commission for use in Indiana;
or
(2) includes hardware, firmware, or software in a version that
has not been approved for use in Indiana;
the commission may revoke the approval granted under this section
and prohibit the vendor from marketing, leasing, or selling any
voting system in Indiana for a specific period not to exceed five (5)
years.
(g) A vendor subject to subsection (f) may continue to provide
support during the period specified in subsection (f) to a county that
has acquired a voting system from the vendor after the vendor
certifies that the voting system to be supported by the vendor only
includes hardware, firmware, and software approved for use in
Indiana.
As added by P.L.3-1993, SEC.140. Amended by P.L.2-1996,
SEC.171; P.L.3-1997, SEC.289; P.L.14-2004, SEC.110;
P.L.221-2005, SEC.55.
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