Title 3, ELECTIONS

Sec. 13.1. (a) If a voting system has the capability, the voting system must display on the medium used by the voter to cast the voter's ballot the name of each candidate. (b) A county election board or a board of elections and registration may require a voting system to display …

Sec. 13.3. (a) To be approved by the commission for use in Indiana, a voting system must meet one (1) of the following: (1) The Voting System Standards adopted by the Federal Election Commission on April 30, 2002. (2) The Voluntary Voting System Guidelines adopted by the United S…

Sec. 13.4. (a) This section does not apply to the purchase, lease, or lease-purchase of additional or replacement components of a voting system in use in a county before January 1, 2005. (b) The commission shall determine whether a voting system provides a practical and effective…

Sec. 13.6. (a) This section applies only to a voting system purchased with funds made available under Title II of HAVA (52 U.S.C. 20921 through 52 U.S.C. 21072) after December 31, 2006. (b) As required by 42 U.S.C. 15481, the voting system must comply with the Voting System Stand…

Sec. 13.7. (a) If a voting system has any of the following functions, the functions must be operable in the voting system's equipment actually in use in a precinct: (1) The voting system can demonstrate to the voter that the voter has cast votes for too many candidates for an off…

Sec. 13.8. A voting system certified for use under this chapter may include features to permit the use of electronic adjudication of ballots to review voter intent so long as: (1) the adjudication is conducted in compliance with Indiana law; and (2) the software is a part of the …

Sec. 13.9. A voting system must have a validation method approved by the commission as part of the certification of the voting system to ensure that the software is tested and that no uncertified software is present on the voting system. A vendor shall provide the instructions fo…

Sec. 14. In ballot card voting systems, each precinct ballot counting device, and all central counting equipment, must contain provisions for verifying: (1) its proper preparation for an election; and (2) that both the hardware and the software are functioning correctly. As added…

Sec. 15. The tests and diagnostic procedures described in section 14 of this chapter: (1) may be executed manually or automatically; and (2) must allow for operator intervention to validate the proper execution of individually selected equipment functions. As added by P.L.3-1997,…

Sec. 16. Each electronic voting system or vote recording and data processing device shall contain hardware and software provisions for verifying: (1) its proper preparation for an election; and (2) that both the hardware and the software are functioning correctly. As added by P.L…

Sec. 17. The tests and diagnostic procedures described in section 16 of this chapter: (1) may be carried out manually or automatically; and (2) must allow for operator intervention to validate the proper execution of individually selected equipment functions. As added by P.L.3-19…

Sec. 2. The performance and test standards and fees under this chapter apply to an optical scan voting system or an electronic voting system described in IC 3-11-7 or IC 3-11-7.5. As added by P.L.3-1997, SEC.332. Amended by P.L.221-2005, SEC.92.

Sec. 20. (a) A voting system must be able to record accurately each vote and be able to produce an accurate report of all votes cast. (b) As used in this subsection, "error rate" refers to the error rate of the voting system in counting ballots (determined by taking into account …

Sec. 21. Software used in a voting system must monitor the overall quality of data read-write and transfer quality status, checking the number and types of errors that occur in any of the relevant operations on data and how they were corrected. As added by P.L.3-1997, SEC.332.

Sec. 22. Ballot card voting systems must rely on the retention of ballots as a redundant means of verifying or auditing election results. As a means of assuring accuracy in electronic voting systems, the unit must incorporate multiple memories in the machine itself and in its pro…

Sec. 23. To attain a measure of integrity over the process, the electronic voting systems must also maintain an image of each ballot that is cast, such that records of individual ballots are maintained by a subsystem independent and distinct from the main vote detection, interpre…

Sec. 24. Ballot card voting and electronic voting systems must include built-in test, measurement, and diagnostic software, and hardware for detecting and reporting the system's status and degree of operability. As added by P.L.3-1997, SEC.332.

Sec. 25. A voting system must include capabilities of recording and reporting the date and time of normal and abnormal events and of maintaining a permanent record of audit information that cannot be turned off. A voting system must include provisions to detect and record signifi…

Sec. 26. (a) The ballot counting software must be designed in a modular fashion and not be self-modifying. Modular programs must consist of code written in relatively small and easily identifiable sections, with each unit having a single entry point and a single exit point. Each …

Sec. 3. A vendor may apply to the election division to examine a voting system and report on its accuracy, efficiency, and capacity. As added by P.L.3-1997, SEC.332.

Sec. 33. The vendor shall provide for the real-time monitoring of system status and data quality. The election division (or the competent person designated by the commission to act on behalf of the election division) shall determine methods of assessment with the advice of a test…

Sec. 34. Measurement of the relative frequency of entry to program units and the frequency of exception conditions must be included as part of the quality assessment. As added by P.L.3-1997, SEC.332.

Sec. 36. Software used in all systems must monitor the overall quality of data read-write and transfer quality status, checking the number and types of errors that occur in any of the relevant operations on data and how the errors were corrected. If the total number of corrected …

Sec. 37. Ballot card voting systems must rely on the retention of ballots as a redundant means of verifying election results. As a means of assuring accuracy in electronic voting systems, the unit must incorporate multiple memories in the machine itself and in the unit's programm…

Sec. 38. The stored images of each ballot must protect the integrity of the data and the anonymity of each voter by such means as storage location scrambling. The ballot image records may be either machine readable or manually transcribed, or both, at the discretion of the vendor…

Sec. 39. The electronic voting system firmware instructions must contain necessary logical instructions to determine correct recording of each and every candidate or public question selection made by the voter to the appropriate memory registers and tables. In the case of a parti…

Sec. 4. (a) This section does not apply to an application for a de minimis change. (b) Each application for certification of a voting system shall be accompanied by a fee of five thousand dollars ($5,000). All fees collected under this section shall be deposited with the treasure…

Sec. 40. After every ballot is cast, a reconciliation of the sum of selections and undervotes must occur. The undervotes may not be generated as a default but must be generated as the result of scanning the ballot as the ballot is cast. As added by P.L.3-1997, SEC.332.

Sec. 41. Status messages must become part of the real-time audit record. Latitude in software design is necessary so that consideration can be given to various user processing and reporting needs. The user shall require status and information messages to be displayed and reported…

Sec. 42. Depending on the critical nature of the message, and the particular jurisdiction's needs, status messages shall preferably be displayed and reported by suitable, unambiguous indicators or English language text. Noncritical status messages may be displayed if the message …

Sec. 43. (a) The audit record provisions in this chapter are essential to the complete recording of election operations and reporting of the vote tally. This list of audit records must reflect all of the idiosyncrasies of a system. (b) As required by 52 U.S.C. 21081, the voting s…

Sec. 44. In-process audit records consist of data documenting precinct and central count system operation during diagnostic routines and the casting and tallying of ballots. At a minimum, the in-process audit records for all systems must contain the following items, except as oth…

Sec. 45. (a) The vendor shall disclose the general features and capabilities of the access policy. The generic capabilities should include the following: (1) Software access controls. (2) Hardware access controls. (3) Effective password management. (4) The protection abilities of…

Sec. 46. (a) The county election board is responsible for defining the specific access policies applying to voting systems and electronic poll books in each election and for specifying when any variations from these policies are permitted. (b) The county election board may adopt …

Sec. 47. The access control policy must identify all persons to whom access is granted and the specific functions and data to which each holds authorized access. If an authorization is limited to a specific time, time interval, or phase of the voting or counting operations, this …

Sec. 48. The access control policy: (1) may not affect the ability of a voter to record votes and submit a ballot; and (2) must preclude voter access to all other physical facilities of the vote-counting processes. As added by P.L.3-1997, SEC.332.

Sec. 49. (a) Except as provided in subsection (b) or (c), before a vendor markets, sells, leases, installs, or permits the implementation of a voting system in Indiana, the commission must have approved the vendor's application for the approval of the voting system. (b) A vendor …

Sec. 5. Each vendor shall reimburse the election division an amount equal to the total cost of examining the system. As added by P.L.3-1997, SEC.332.

Sec. 54. Notwithstanding any other provision of this chapter, the software or source code of a voting system may not be changed while an election is being conducted or during the canvassing of the election's results. As added by P.L.3-1997, SEC.332.

Sec. 59. (a) Whenever a county wishes to dispose of a voting system unit or an electronic poll book unit, the county election board must first file a plan with the election division. The plan must state all of the following: (1) The serial number of each unit to be disposed of by…

Sec. 6. The commission shall not approve any system until the fee and the expenses incurred by the election division (or the person designated under IC 3-11-16) in making the examination are paid by the person making the application. As added by P.L.3-1997, SEC.332. Amended by P.…

Sec. 60. (a) This section applies to a voting system certified for use in Indiana elections. (b) Except as provided in subsection (c), a vendor may not sell, lease, or transfer possession of a voting system to a person except to: (1) an Indiana county; (2) the voting system techn…

Sec. 61. (a) This section does not apply to an electronic poll book. (b) A computer or electronic device used: (1) to create the layout of a ballot for an election; (2) to program a voting system, electronic voting system, or ballot card voting system; or (3) with election manage…

Sec. 7. (a) Each application must be in writing, sworn to or affirmed by the applicant, under the penalties of perjury, on a form prescribed by the election division, and must satisfy the following requirements: (1) Provide the name and address of the vendor submitting the applic…

Sec. 8. An application under this chapter is valid for one (1) year after the date that the application is filed with the election division and for any additional time that the commission considers necessary to act upon the application. As added by P.L.3-1997, SEC.332.

Sec. 9. An applicant must vigorously and continuously seek approval of an application by promptly responding to inquiries from the commission and the election division. The commission may, following a hearing under IC 4-21.5, dismiss an application if the commission determines th…