CHAPTER 17. VOTING SYSTEM VIOLATIONS
IC 3-11-17
Chapter 17. Voting System Violations
IC 3-11-17-1
Application
Sec. 1. This chapter applies to a voting system vendor who sells,leases, installs, implements, or permits the use of a voting system inan election conducted in Indiana.
As added by P.L.221-2005, SEC.96.
IC 3-11-17-2
Sale, lease, installation, implementation, or permission for use ofvoting system in violation of election law; civil penalty
Sec. 2. In addition to any other penalty imposed, a vendor whoknowingly, recklessly, or negligently sells, leases, installs,implements, or permits the use of a voting system in an electionconducted in Indiana in violation of this title is subject to a civilpenalty under this chapter.
As added by P.L.221-2005, SEC.96.
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 subjectto a civil penalty under section 2 of this chapter, the secretary of statemay assess a civil penalty. The civil penalty assessed under thissection may not exceed three hundred thousand dollars ($300,000),plus any investigative costs incurred and documented by thesecretary 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 imposinga 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 bedeposited with the treasurer of state in the voting system technicaloversight 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 anduse of money; expenses
Sec. 6. (a) The voting system technical oversight program accountis established with the state general fund to provide money foradministering 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 theapproval of the budget agency, funds in the account are available toaugment and supplement the funds appropriated to the electiondivision for the purposes described in this section.
(c) The expenses of administering the account shall be paid fromthe 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 asettlement agreement executed with a voting system vendor.
(e) Money in the account at the end of a state fiscal year does notrevert 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.