CHAPTER 14. VOTING BY ELECTRONIC VOTING SYSTEM
IC 3-11-14
Chapter 14. Voting by Electronic Voting System
IC 3-11-14-1
Applicability of chapter
Sec. 1. This chapter applies to each precinct where voting is byelectronic voting system.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-2
County election board use of electronic voting system; wherepermitted
Sec. 2. A county election board may use an approved electronicvoting system:
(1) in any election;
(2) in all or in some of the precincts within a politicalsubdivision holding an election; and
(3) instead of or in combination with any other voting method.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-3
Ballot labels
Sec. 3. (a) The county election board shall furnish ballot labelsprepared as required by section 3.5 of this chapter.
(b) The county election board shall have the ballot labels printed:
(1) in black ink on clear white material;
(2) in the size that will fit on an electronic system; and
(3) in plain, clear type as space will reasonably permit.
As added by P.L.3-1987, SEC.327. Amended by P.L.58-2005,SEC.21.
IC 3-11-14-3.5
Ballot information; arrangement
Sec. 3.5. (a) Each county election board shall have the names ofall candidates for all elected offices, political party offices, andpublic questions printed on ballot labels for use in an electronicvoting system as provided in this chapter.
(b) The county may:
(1) print all offices and public questions on a single ballot label;and
(2) include a ballot variation code to ensure that the properversion of a ballot label is used within a precinct.
(c) Each type of ballot label or paster must be of uniform size andof the same quality and color of paper (except as permitted underIC 3-10-1-17).
(d) The nominees of a political party or an independent candidateor independent ticket (described in IC 3-11-2-6) nominated bypetitioners must be listed on the ballot label with the name anddevice set forth on the certification or petition. The circle containingthe device may be of any size that permits a voter to readily identify
the device. IC 3-11-2-5 applies if the certification or petition does notinclude a name or device, or if the same device is selected by two (2)or more parties or petitioners.
(e) The ballot labels must list the offices on the general electionballot in the order listed in IC 3-11-2-12, IC 3-11-2-12.2,IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a), IC 3-11-2-13(a)through IC 3-11-2-13(c), IC 3-11-2-14(a), and IC 3-11-2-14(d). Eachoffice and public question may have a separate screen, or the officesand public questions may be listed in a continuous column eithervertically or horizontally. However, school board offices, publicquestions concerning the retention of a justice or judge, localnonpartisan judicial offices, and local public questions shall beplaced at the beginning of separate columns or pages.
(f) The name of each office must be printed in a uniform size inbold type. A statement reading substantially as follows must beplaced immediately below the name of the office and above the nameof the first candidate: "Vote for not more than (insert the number ofcandidates to be elected) candidate(s) for this office.".
(g) Below the name of the office and the statement required bysubsection (f), the names of the candidates for each office must begrouped together in the following order:
(1) The major political party whose candidate received thehighest number of votes in the county for secretary of state atthe last election is listed first.
(2) The major political party whose candidate received thesecond highest number of votes in the county for secretary ofstate is listed second.
(3) All other political parties listed in the order that the parties'candidates for secretary of state finished in the last election arelisted after the party listed in subdivision (2).
(4) If a political party did not have a candidate for secretary ofstate in the last election or a nominee is an independentcandidate or independent ticket (described in IC 3-11-2-6), theparty or candidate is listed after the parties described insubdivisions (1), (2), and (3).
(5) If more than one (1) political party or independent candidateor ticket described in subdivision (4) qualifies to be on theballot, the parties, candidates, or tickets are listed in the orderin which the party filed its petition of nomination underIC 3-8-6-12.
(6) A space for write-in voting is placed after the candidateslisted in subdivisions (1) through (5), if required by law.
(7) The name of a write-in candidate may not be listed on theballot.
(h) The names of the candidates grouped in the order establishedby subsection (g) must be printed in type with uniform capital lettersand have a uniform space between each name. The name of thecandidate's political party, or the word "Independent", if the:
(1) candidate; or
(2) ticket of candidates for: (A) President and Vice President of the United States; or
(B) governor and lieutenant governor;
is independent, must be placed immediately below or beside thename of the candidate and must be printed in uniform size and type.
(i) All the candidates of the same political party for election toat-large seats on the fiscal or legislative body of a politicalsubdivision must be grouped together:
(1) under the name of the office that the candidates are seeking;
(2) in the party order established by subsection (g); and
(3) within the political party, in alphabetical order according tosurname.
A statement reading substantially as follows must be placedimmediately below the name of the office and above the name of thefirst candidate: "Vote for not more than (insert the number ofcandidates to be elected) candidate(s) of ANY party for this office.".
(j) Candidates for election to at-large seats on the governing bodyof a school corporation must be grouped:
(1) under the name of the office that the candidates are seeking;and
(2) in alphabetical order according to surname.
A statement reading substantially as follows must be placedimmediately below the name of the office and above the name of thefirst candidate: "Vote for not more than (insert the number ofcandidates to be elected) candidate(s) for this office.".
(k) The cautionary statement described in IC 3-11-2-7 must beplaced at the top or beginning of the ballot label before the firstoffice is listed.
(l) The instructions described in IC 3-11-2-8, IC 3-11-2-10(c), andIC 3-11-2-10(d) may be:
(1) placed on the ballot label; or
(2) posted in a location within the voting booth that permits thevoter to easily read the instructions.
(m) The ballot label must include a touch sensitive point or buttonfor voting a straight political party or independent ticket (describedin IC 3-11-2-6) by one (1) touch, and the touch sensitive point orbutton must be identified by:
(1) the name of the political party or independent ticket; and
(2) immediately below or beside the political party's orindependent ticket's name, the device of that party or ticket(described in IC 3-11-2-5).
The name and device of each party or ticket must be of uniform sizeand type, and arranged in the order established by subsection (g) forlisting candidates under each office. The instructions described inIC 3-11-2-10(b) for voting a straight party ticket and the statementconcerning presidential electors required under IC 3-10-4-3 may beplaced on the ballot label or in a location within the voting booth thatpermits the voter to easily read the instructions.
(n) A public question must be in the form described inIC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitivepoint or button must be used instead of a square. Except as expressly
authorized or required by statute, a county election board may notprint a ballot label that contains language concerning the publicquestion other than the language authorized by a statute.
(o) The requirements in this section:
(1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to ballots for electronicvoting systems.
(p) The procedure described in IC 3-11-2-16 must be used whena ballot label does not comply with the requirements imposed by thistitle or contains another error or omission that might result inconfusion or mistakes by voters.
As added by P.L.58-2005, SEC.22.
IC 3-11-14-4
Distinctive party ballot labels
Sec. 4. Political parties may be distinguished in a primary electionby the use of different color ballot labels. The party device for apolitical party that has been adopted in accordance with IC 3-8 andthe party name or other designation shall be prefixed to the list ofcandidates of the party.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-5
Sample ballots; provision; specifications
Sec. 5. The election division shall provide each county electionboard with the number of sample ballots the county election boardconsiders adequate for each precinct. The sample ballots must be:
(1) exact copies of the official ballots furnished by the electiondivision; and
(2) printed on different color paper from the official ballots.
As added by P.L.3-1987, SEC.327. Amended by P.L.2-1996,SEC.196; P.L.3-1997, SEC.326.
IC 3-11-14-6
Separate packaging and delivery of sample ballots
Sec. 6. The election division shall enclose the sample ballots in aseparate wrapper or envelope from that of other papers delivered bythe election division to the circuit court clerk and deliver them to theclerk or the messenger authorized by the clerk to receive the ballots.
As added by P.L.3-1987, SEC.327. Amended by P.L.2-1996,SEC.197; P.L.3-1997, SEC.327.
IC 3-11-14-7
Sample ballots; number and arrangement
Sec. 7. Each county election board shall provide the number ofsample ballots the county election board considers adequate for eachprecinct of the county. The county election board shall arrange thesample ballots in the form of a diagram showing the entire front ofan electronic voting system as it will appear on the official ballots
printed under the jurisdiction of the election division and the countyelection board. However, if presidential electors are to be voted forat an election, then the ballot label of each political party orindependent ticket must be in the form prescribed by IC 3-10-4-1.
As added by P.L.3-1987, SEC.327. Amended by P.L.3-1993,SEC.171; P.L.2-1996, SEC.198; P.L.3-1997, SEC.328.
IC 3-11-14-8
Electronic voting system display before election; posting sampleballots
Sec. 8. (a) Each county election board may make available atconvenient places throughout the county electronic voting systemsfor the instruction of the voters. The board shall locate the systemsat places where people usually assemble, such as shopping centers.The board shall have the systems attended at convenient hoursdesignated by the board by persons able to instruct others in theiruse. The county chairmen of the major political parties of the statemust approve the persons attending the systems under this section.
(b) This subsection applies to a county having a population ofmore than four hundred thousand (400,000) but less than sevenhundred thousand (700,000). At least ten (10) days before anelection, each county election board shall duplicate, distribute, andcause to be posted copies of official sample ballots:
(1) received from the election division; and
(2) prepared by the county election board;
to schools, fire stations, county courthouses, and other publicbuildings in the county.
As added by P.L.3-1987, SEC.327. Amended by P.L.7-1991, SEC.7;P.L.12-1992, SEC.11; P.L.3-1993, SEC.172; P.L.2-1996, SEC.199;P.L.3-1997, SEC.329.
IC 3-11-14-9
Information contained in instructional models
Sec. 9. Each electronic voting system used for instructionalpurposes must contain the names of all candidates and a descriptionof all public questions as they will appear on the official sampleballot on election day. However, the systems may not be set to recorda tally or total.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-10
Ballot labels; installation
Sec. 10. Each county election board shall, before election day,have the proper ballot labels prepared as required by section 3.5 ofthis chapter and put on each electronic voting system.
As added by P.L.3-1987, SEC.327. Amended by P.L.3-1993,SEC.173; P.L.58-2005, SEC.23.
IC 3-11-14-11
Rotation of candidate names on ballot system Sec. 11. A county election board may require that the names ofcandidates for nomination at a primary election be rotatedalphabetically on electronic voting systems. If the board does so, thenames shall be rotated by precincts in regular serial sequence, so thateach name of a list or group of candidates for an office appears uponthe systems an equal number of times, as nearly as practicable, at thetop, at the bottom, and in each intermediate place under the title ofthe office sought.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-12
School district elections; arrangement of candidate names
Sec. 12. In school district elections, the county election boardshall arrange the names of candidates in alphabetical order on anelectronic voting system as required by section 3.5 of this chapter.
As added by P.L.3-1987, SEC.327. Amended by P.L.58-2005,SEC.24.
IC 3-11-14-13
Preparation and adjustment of system before delivery
Sec. 13. (a) Before an electronic voting system is delivered to aprecinct, the county election board shall have the system put in order,set and adjusted, and ready for use in voting. As part of the system'spreparation, the county election board may conduct any of thecomparisons and determinations required under section 17 of thechapter. However, notwithstanding any action taken by the countyelection board, each precinct election board must also perform thecomparisons and determinations required under section 17 of thischapter before the opening of the polls. The board may employ one(1) or more competent persons to prepare systems in accordance withthis section.
(b) While acting under subsection (a), the county election boardmay restrict access to parts of the room where voting systems andother election material are being handled to safeguard this material.
As added by P.L.3-1987, SEC.327. Amended by P.L.3-1997,SEC.330; P.L.221-2005, SEC.89.
IC 3-11-14-14
Delivery of system to polls
Sec. 14. Each county election board shall have each electronicvoting system, along with all necessary furniture and appliances thatgo with the system at the polls, delivered to the appropriate precinctnot later than 6 p.m. of the day before election day. The countyexecutive shall provide transportation for the system if requested todo so by the county election board.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-15
Examination of system and sample ballots upon delivery
Sec. 15. (a) After the delivery of an electronic voting system to a
precinct, the precinct election board may meet at the polls on thesame day, open the package containing the sample ballots, and, ifnecessary, examine the ballot label, to determine whether the systemis ready for use in accordance with section 11 of this chapter. If asystem is not in compliance with that section, the board shallimmediately label, set and adjust, and place the system in order orhave it done.
(b) While acting under subsection (a), the precinct election boardmay restrict access to parts of the room where voting systems andother election material are being handled to safeguard this material.
As added by P.L.3-1987, SEC.327. Amended by P.L.3-1997,SEC.331.
IC 3-11-14-16
Preparation at polls before opening
Sec. 16. On the morning of election day, the precinct electionofficers shall meet at the polls at least one (1) hour before the timefor opening the polls. The inspector then shall have:
(1) the boundaries of the chute designated;
(2) the sample ballots and instruction cards posted; and
(3) everything put in readiness for the commencement of votingat the opening of the polls.
As added by P.L.3-1987, SEC.327. Amended by P.L.221-2005,SEC.90.
IC 3-11-14-17
Preparation at polls before opening; system check; certification
Sec. 17. (a) Before the opening of the polls, each precinct electionboard shall:
(1) compare the ballot label on each electronic voting systemwith the sample ballot to see that it is correct;
(2) see that the system records zero (0) votes for each candidateand on each public question; and
(3) see that the system is otherwise in perfect order.
(b) After the system is in perfect order for voting, the precinctelection board may not permit the counters to be operated except byvoters in voting. The board then shall certify that the ballot labelsand the sample ballots are in agreement. Forms shall be provided forcertification, and the certification shall be filed with the electionreturns.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-18
Posting of sample ballots
Sec. 18. The inspector of each precinct, or a person under thedirection of the inspector, shall post sample ballots near the entranceof the chute for the precinct. The ballots must be available for publicinspection throughout election day.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-19
Failure of equipment; supply of paper ballots and voting booths
Sec. 19. Each county election board shall be at its office from 5a.m. until 6 p.m. on election day. Upon notice that an electronicvoting system is out of order or fails to work, the board shall beready between those hours to deliver to any precinct in the county:
(1) necessary paper ballots;
(2) election booths with an adequate number of stalls;
(3) ballot boxes; and
(4) all necessary supplies and equipment as required by law.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-20
Location of voting system; secrecy
Sec. 20. The exterior of an electronic voting system and each areaof the polls must be in plain view of the precinct election board. Eachsystem shall be placed so that a person voting on the opposite side ofthe railing or a person on the outside of the polls cannot see ordetermine how a voter votes. The inspector, judges, and poll clerksmay not remain or allow any other person to remain in a position ornear a position that would permit them to see or ascertain how avoter votes.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-21
Regulation of voting system area
Sec. 21. After the opening of the polls, the inspector, judges, andpoll clerks may not allow any person to pass within the railing to thepart of the room where an electronic voting system is situated, exceptfor the purpose of voting. Except as provided in IC 3-11-9, they maynot permit more than one (1) voter at a time to be in the part of theroom where an electronic voting system is situated.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-22
Explanation of manner of voting to voter
Sec. 22. After a voter has signed the poll list, both judges, onrequest, shall give an explanation of the manner of voting.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-23
Voting procedure; standards to define a vote; rights of a voter incasting ballot
Sec. 23. (a) This section is enacted to comply with 42 U.S.C.15481 by establishing uniform and nondiscriminatory standards todefine what constitutes a vote on an electronic voting system.
(b) If a voter is not challenged by a member of the precinctelection board, the voter may pass the railing to the side where anelectronic voting system is and into the voting booth. There the votershall register the voter's vote in secret by indicating: (1) the candidates for whom the voter desires to vote bytouching a device on or in the squares immediately above thecandidates' names;
(2) if the voter intends to cast a write-in vote, a write-in vote bytouching a device on or in the square immediately below thecandidates' names and printing the name of the candidate in thewindow provided for write-in voting; and
(3) the voter's preference on each public question by touchinga device above the word "yes" or "no" under the question.
(c) If an election is a general or municipal election and a voterdesires to vote for all the candidates of one (1) political party orgroup of petitioners, the voter may cast a straight party ticket bytouching that party's device. The voter's vote shall then be countedfor all the candidates under that name. However, if the voter casts avote by touching the circle of an independent ticket comprised of two(2) candidates, the vote shall not be counted for any otherindependent candidate on the ballot.
(d) As provided by 42 U.S.C. 15481, a voter casting a ballot on anelectronic voting system must be:
(1) permitted to verify in a private and independent manner thevotes selected by the voter before the ballot is cast and counted;
(2) provided the opportunity to change the ballot or correct anyerror in a private and independent manner before the ballot iscast and counted, including the opportunity to receive areplacement ballot if the voter is otherwise unable to change orcorrect the ballot; and
(3) notified before the ballot is cast regarding the effect ofcasting multiple votes for the office and provided anopportunity to correct the ballot before the ballot is cast andcounted.
As added by P.L.3-1987, SEC.327. Amended by P.L.4-1991,SEC.109; P.L.3-1993, SEC.174; P.L.209-2003, SEC.162;P.L.58-2005, SEC.25; P.L.164-2006, SEC.117.
IC 3-11-14-24
Voting booth arrangement; additional instructions
Sec. 24. (a) Only one (1) voter may occupy a booth at one time.Booths shall be constructed and arranged so that all members of theprecinct election board can see whether more than one (1) voterenters a booth at any one time.
(b) If a voter needs additional instruction after entering the votingbooth, the voter may request assistance from the two (2) judges. Thetwo (2) judges shall then approach but not enter the booth and callout additional instructions to the voter.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-25
Post-vote casting procedure
Sec. 25. After voting, the voter shall immediately leave the boothand announce to the poll clerks that the voter has voted. The poll
clerks shall write a voting mark after the voter's name, and the votershall leave the room.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-26
Time limits in voting booth; primary election
Sec. 26. At a primary election, a voter may not remain in thevoting booth longer than three (3) minutes.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-27
Time limits in voting booth; general election
Sec. 27. At a general, municipal, or special election, a voter maynot remain in the voting booth longer than two (2) minutes.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-28
Voter refusal to leave voting booth
Sec. 28. If a voter refuses to leave a voting booth after the lapseof time prescribed by section 26 or 27 of this chapter, the precinctelection board, or the election sheriff or sheriffs upon the order of theboard, shall immediately remove the voter from the booth.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-29
Disclosure of vote by voter before its registration; effect
Sec. 29. If a voter shows or discloses to another person thecandidates voted for or how the voter voted on a public questionbefore the vote is registered, the vote may not be registered on theelectronic voting system. A record of the occurrence shall be madeon the poll list, and the voter may not vote again at the election.
As added by P.L.3-1987, SEC.327. Amended by P.L.10-1988,SEC.122.
IC 3-11-14-30
Securing system at poll closing
Sec. 30. Subject to IC 3-12-2-5, as soon as the polls are closed, theinspector, in the presence of the judges and poll clerks, immediatelyshall secure each electronic voting system against voting and obtainat least one (1) paper printout of the total votes cast for eachcandidate and on each public question in that precinct.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-31
Printouts of vote; computer memory pack removal
Sec. 31. As soon as the paper printouts of the vote count areobtained, the inspector shall close the system and remove thecomputer memory pack from the system. The inspector and the judgeof the opposite political party shall then transport the computermemory packs and each electronic voting system to the county
election board.
As added by P.L.3-1987, SEC.327. Amended by P.L.3-1993,SEC.175.
IC 3-11-14-32
Certificate of vote; return of papers to circuit court clerk
Sec. 32. The certificates of the number of votes cast for eachperson shall be made and signed as required by IC 3-12, and theprecinct election officers shall make and sign all statements of thenumber of votes required by law in duplicate, triplicate, or otherwise.The certificates and other papers shall be returned to the circuit courtclerk in the same manner and with the same penalties that areprescribed in IC 3-12 for election returns from precincts in whichelectronic voting systems are not used.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-33
Municipal election use of system
Sec. 33. If a county has procured electronic voting systems foruse, the systems may be used at a municipal election. If there are notsufficient systems on hand for each precinct of the municipality, thecounty election board shall determine in what precincts systems willbe used at the election.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-34
Municipal elections; supplies furnished; expenses
Sec. 34. (a) If electronic voting systems are used in a municipalelection, the county election board shall furnish to the municipality:
(1) the requisite number of systems; and
(2) all the furniture and appliances that go with the systems.
(b) However, the municipality shall pay the expenses of movingthe systems and furniture to and from the polls and also for anydamage or loss to the systems or furniture.
As added by P.L.3-1987, SEC.327.