Title 3, TITLE 3. ELECTIONS

reimbursements Sec. 4. (a) To receive reimbursement for the purchase of voting systems under this chapter, a county must file an application with the election division, in the form required by the election division. The secretary of state shall review the application and make a r…

Sec. 5. (a) If a county's application is approved under section 4 of this chapter, the secretary of state shall, subject to this section, reimburse the county from the fund an amount to be determined by the secretary of state. (b) Payment of money from the fund is subject to the …

As added by P.L.239-2001, SEC.7. Repealed by P.L.209-2003, SEC.203.

As added by P.L.209-2003, SEC.125. Amended by P.L.221-2005, SEC.47. Repealed by P.L.164-2006, SEC.143.

As added by P.L.239-2001, SEC.7. Repealed by P.L.209-2003, SEC.203.

Sec. 7.1. (a) This section applies to money received under Section 102 of HAVA (52 U.S.C. 20902) and deposited in the account established under section 2 of this chapter for those funds. (b) Money deposited in the account must be used for the purposes set forth in Section 102 of …

Sec. 8. (a) This section applies to money received under Section 101 of HAVA (52 U.S.C. 20901) and deposited in the account established under section 2 of this chapter for those funds. (b) Money deposited in the account must be used in accordance with the requirements applicable …

Sec. 1. The commission must approve any form of electronic voting system before it may be used at an election. As added by P.L.3-1987, SEC.250. Amended by P.L.2-1996, SEC.172.

candidates elected to at-large offices; independent candidates; presidential electors; public questions Sec. 10. (a) Except as provided in subsection (b), an electronic voting system must permit a voter to vote: (1) except at a primary election, a straight party ticket for all th…

Sec. 11. An electronic voting system must prevent a voter from voting for the same candidate or for or against the same public question more than once. As added by P.L.3-1987, SEC.250.

Sec. 12. An electronic voting system must be adjustable for use in a primary election so that a voter may not vote for a candidate except those seeking nomination as candidates of the voter's political party. As added by P.L.3-1987, SEC.250.

Sec. 13. An electronic voting system must correctly register and accurately count all votes cast for each candidate and for or against each public question. As added by P.L.3-1987, SEC.250.

Sec. 14. An electronic voting system must be designed so that it can be determined whether the system has been operated after once being secured against additional voting. As added by P.L.3-1987, SEC.250.

Sec. 15. An electronic voting system must be able to indicate during an election how many voters have voted by use of a counting device. As added by P.L.3-1987, SEC.250.

removal of device Sec. 16. An electronic voting system must have a counting device that records the number of votes cast for each candidate and for or against each public question on the ballot that cannot be tampered with or altered at any time while votes are being cast on the …

Sec. 17. An electronic voting system must have a device or method that prevents the operation of the system before the time for opening the polls and after the time for closing the polls. As added by P.L.3-1987, SEC.250. IC 3-11-7.5-18 System identification number Sec. 18. Each e…

As added by P.L.3-1987, SEC.250. Repealed by P.L.76-2014, SEC.35.

Sec. 2. A person may submit an application for approval of an electronic voting system in the form prescribed by the election division. As added by P.L.3-1987, SEC.250. Amended by P.L.2-1996, SEC.173; P.L.3-1997, SEC.290; P.L.221-2005, SEC.57; P.L.169-2015, SEC.106.

As added by P.L.3-1987, SEC.250. Amended by P.L.176-1999, SEC.77. Repealed by P.L.221-2005, SEC.145.

Sec. 21. A county executive may purchase, procure, lease, install, implement, or authorize the use of an electronic voting system only after the system has been approved by the commission. As added by P.L.3-1987, SEC.250. Amended by P.L.4-1991, SEC.83; P.L.2-1996, SEC.179; P.L.22…

system in working order Sec. 22. A county executive also may not purchase or procure an electronic voting system unless the person selling the system has guaranteed, in writing, to keep the system in working order at least five (5) years. As added by P.L.3-1987, SEC.250. Amended …

Sec. 23. If it is impossible to supply each precinct with an electronic voting system at an election following the adoption of the systems in a county, as many systems shall be supplied as it is possible to procure. The county election board shall determine the precincts of the c…

voting systems when not in use Sec. 24. The county election board is responsible for the care and custody of all electronic voting systems while not in use. As added by P.L.3-1987, SEC.250. Amended by P.L.100-2018, SEC.4.

Sec. 25. The county election board may provide for the experimental use of an electronic voting system at an election in one (1) or more precincts in the county. The system may be used without a formal adoption by the county or purchase but the electronic voting system must be ap…

of approval; prohibition of use Sec. 26. (a) The election division (or the person designated under IC 3-11-16) may periodically examine an electronic voting system that the commission has previously approved to determine whether that system is still in compliance with all statuto…

division Sec. 27. (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…

notice of request for renewal; conditions Sec. 28. (a) Except as provided in subsection (g), the approval of an electronic 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 vendo…

Sec. 3. The commission may approve an electronic voting system only if the system complies with the requirements of this chapter and IC 3-11-15. As added by P.L.3-1987, SEC.250. Amended by P.L.4-1991, SEC.79; P.L.2-1996, SEC.174; P.L.176-1999, SEC.73.

approving system; marketing, sale, lease, or installation of voting system; expiration of approval Sec. 4. (a) The commission shall: (1) require the vendor to have tests conducted concerning the compliance of an electronic voting system with HAVA and the standards set forth in th…

before approval; criteria for approval; marketing, sale, lease, or installation of changes; expiration of approval Sec. 5. (a) A vendor may apply for approval of a proposed improvement or change to an electronic voting system that is currently certified by the commission. A propo…

As added by P.L.3-1987, SEC.250. Amended by P.L.2-1996, SEC.177. Repealed by P.L.3-1997, SEC.475.

Sec. 7. The commission may not approve the marketing, sale, lease, installation, or implementation of an electronic voting system unless the system meets the specifications in sections 8 through 18 of this chapter and in IC 3-11-15. As added by P.L.3-1987, SEC.250. Amended by P.L…

Sec. 8. An electronic voting system must ensure secrecy to a voter in the act of voting. As added by P.L.3-1987, SEC.250.

question Sec. 9. An electronic voting system must provide facilities that will permit votes to be cast for any candidate at any election and for or against any public question. As added by P.L.3-1987, SEC.250.

correction of ballots requiring additional testing Sec. 1. (a) Not later than seventy-four (74) days before election day, for each county planning to use an electronic voting system at the next election, VSTOP shall provide each county election board with a randomly sorted list o…

Sec. 10. A copy of the certification of the tests conducted under this chapter shall be filed with the election returns. As added by P.L.221-2005, SEC.91.

Sec. 11. Notwithstanding IC 3-5-4-1.7, a county election board may send by electronic mail or fax a signed form from a public test to the election division. As added by P.L.227-2023, SEC.107.

Sec. 2. (a) Except as provided by subsection (b), public notice of the time and place shall be given at least forty-eight (48) hours before the test. The notice shall be published once in accordance with IC 5-3-1-4. (b) This subsection applies to an additional public test conduct…

Sec. 3. The two (2) appointed members of the county election board shall observe the test required by this chapter and, if they so determine, shall certify the test as meeting the requirements of this chapter. As added by P.L.221-2005, SEC.91.

Sec. 4. The test must be open to representatives of political parties, candidates, the media, and the public. As added by P.L.221-2005, SEC.91.

Sec. 5. (a) The test required by this chapter must include the following: (1) The visual inspection of the voting system and ballot labels. (2) The manual entry of a preaudited group of ballots marked so as to record a predetermined number of valid votes for each candidate and on…

Sec. 6. If an error is detected during the test required by section 5 of this chapter, the cause of the error shall be determined and corrected, and an errorless count must be made before the use of the electronic voting system at the election is approved. As added by P.L.221-200…

Sec. 7. After completion of the count, the voting system shall be sealed. The ballots used to conduct the test and all other election materials shall be sealed, retained, and disposed of as provided for paper ballots. As added by P.L.221-2005, SEC.91.

Sec. 8. Immediately following the completion of the voting system test under section 5 of this chapter, the county election board shall enter the vote totals from the voting systems tested under this chapter into the component of the voting system used by the county election boar…

Sec. 9. Not later than seven (7) days after conducting the tests required under this chapter, the county election board shall certify to the election division that the tests have been conducted in conformity with this chapter. As added by P.L.221-2005, SEC.91.

redesignated Sec. 1. (a) This chapter applies to a county designated as a vote center county under this chapter. (b) On January 1, 2011, a county designated as a vote center pilot county under: (1) IC 3-11-18 (before its expiration); (2) P.L.164-2006, SECTION 148 (before its expi…

Sec. 10. Except as otherwise provided by this chapter, the county shall administer an election conducted at a vote center in accordance with federal law, this title, and the plan adopted with the county election board's order under section 3 of this chapter. As added by P.L.1-201…

offices Sec. 11. Notwithstanding any other law, a voter who resides in a vote center county is entitled to cast an absentee ballot at a vote center located at a satellite office of the county election board established under IC 3-11-10-26.3 in the same manner and subject to the s…

certification; examination by VSTOP; report; approval of certification; expiration of certification; display or demonstration of uncertified electronic poll book Sec. 12. (a) Notwithstanding section 1 of this chapter, this section applies to an electronic poll book to be used in:…

Sec. 13. Notwithstanding any other law, including IC 3-11-8-2 and IC 3-14-2-11, a voter who resides in a vote center county is entitled to cast a ballot at any vote center established in the county without regard to the precinct in which the voter resides. As added by P.L.1-2011,…