CHAPTER 6.5. VOTING SYSTEM IMPROVEMENT
IC 3-11-6.5
Chapter 6.5. Voting System Improvement
IC 3-11-6.5-0.3
"Fund"
Sec. 0.3. As used in this chapter, "fund" refers to the electionadministration assistance fund established by section 2 of thischapter.
As added by P.L.209-2003, SEC.118.
IC 3-11-6.5-0.5
Repealed
(Repealed by P.L.97-2004, SEC.133.)
IC 3-11-6.5-0.7
"Purchase"
Sec. 0.7. As used in this chapter, "purchase" includes thepurchasing, leasing, and lease-purchasing of voting systems.
As added by P.L.209-2003, SEC.119.
IC 3-11-6.5-1
Quantity purchase agreements; purchase of voting systems bystate; purchase of voting system by counties for voters withdisabilities
Sec. 1. (a) As used in this section, "department" refers to theIndiana department of administration established by IC 4-13-1-2.
(b) The department shall award quantity purchase agreements tovendors for new voting systems or upgrades or expansion of existingvoting systems by counties.
(c) Both of the following must apply before the department mayissue a quantity purchase agreement to a voting system vendor:
(1) The commission has found that all of the following wouldbe enhanced by the vendor's new or upgraded voting system:
(A) Reliability of a county's voting system.
(B) Efficiency of a county's voting system.
(C) Ease of use by voters.
(D) Public confidence in a county's voting system.
(2) The commission has otherwise approved the vendor's newvoting system or the upgrade or expansion of the existing votingsystem for use under this title.
(d) The quantity purchase agreement must include options for acounty to:
(1) purchase;
(2) lease-purchase; or
(3) lease;
new voting systems or upgrades or expansion of existing votingsystems.
(e) The purchase of new voting systems or upgrades or expansionsof existing voting systems by a county or under a quantity purchaseagreement entered into by the department under this section is
considered an acquisition by the state for purposes of 42 U.S.C.15401 if the voting system, upgrade, or expansion complies with 42U.S.C. 15481 through 15502.
(f) Each county shall purchase at least one (1) voting systemunder this section for each polling place in the county to meet therequirements set forth under IC 3-11-15-13 (repealed).
As added by P.L.239-2001, SEC.7. Amended by P.L.209-2003,SEC.120; P.L.164-2006, SEC.94; P.L.1-2009, SEC.3.
IC 3-11-6.5-2
Election administration assistance fund; purpose; administrationof fund
Sec. 2. (a) In accordance with 42 U.S.C. 15404, the electionadministration assistance fund is established for the followingpurposes:
(1) As provided by 42 U.S.C. 15401, to carry out activities toimprove the administration of elections for federal office.
(2) As provided by 42 U.S.C. 15401, to use funds provided tothe state under Title II, Subtitle D, Part I of HAVA (42 U.S.C.15401 through 15408) as a reimbursement of costs in obtainingvoting equipment that complies with 42 U.S.C. 15481 if thestate obtains the equipment after November 7, 2000.
(3) As provided by 42 U.S.C. 15401, to use funds provided tothe state under Title II, Subtitle D, Part I of HAVA (42 U.S.C.15401 through 15408) as a reimbursement of costs in obtainingvoting equipment that complies with 42 U.S.C. 15481 under amultiyear contract incurred after December 31, 2000.
(4) For reimbursing counties for the purchase of new votingsystems or for the upgrade or expansion of existing votingsystems that would not qualify for reimbursement undersubdivision (2) or (3).
(b) The fund consists of the following:
(1) Money appropriated to the fund by the general assembly,including any money appropriated from the build Indiana fund.
(2) All money allocated to the state by the federal government:
(A) under Section 101 of HAVA (42 U.S.C. 15301), asrequired by 42 U.S.C. 15304;
(B) under Section 102 of HAVA (42 U.S.C. 15302), asrequired by 42 U.S.C. 15304;
(C) under Title II, Subtitle D, Part I of HAVA (42 U.S.C.15401 through 15408); and
(D) under any other program for the improvement of electionadministration.
(3) Proceeds of bonds issued by the Indiana bond bank forimprovement of voting systems as authorized by law.
The auditor of state shall establish an account within the fund formoney appropriated by the general assembly and separate accountswithin the fund for any money received by the state from the federalgovernment for each source of allocations described undersubdivision (2). Proceeds of bonds issued by the Indiana bond bank
under subdivision (3) may be deposited into any account, asdetermined by the election division.
(c) The secretary of state with the consent of the co-directors ofthe election division shall administer the fund.
(d) The expenses of administering the fund shall be paid frommoney in the Section 101 account of the fund. If money is notavailable for this purpose in the Section 101 account of the fund, theexpenses of administering the fund shall be paid from moneyappropriated under subsection (b)(1).
(e) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public money may be invested. Interest that accruesfrom these investments shall be deposited in the fund and allocatedamong the accounts within the fund according to the balances of therespective accounts.
(f) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
(g) Money in the fund is appropriated continuously for thepurposes stated in subsection (a).
As added by P.L.239-2001, SEC.7. Amended by P.L.209-2003,SEC.121.
IC 3-11-6.5-2.1
Administration of fund under HAVA state plan
Sec. 2.1. The secretary of state, with the consent of theco-directors of the election division, may administer the fund inaccordance with the HAVA state plan, as published in the IndianaRegister on November 1, 2003. The state plan may be amended inaccordance with the requirements of HAVA and the procedures foramendment set forth in the plan. If the plan is amended as providedin this section, the fund may be administered in accordance with thatamendment.
As added by P.L.14-2004, SEC.107.
IC 3-11-6.5-3
Repealed
(Repealed by P.L.209-2003, SEC.203.)
IC 3-11-6.5-3.1
Use of HAVA Title II funds; certifications; maintenance ofexpenditures
Sec. 3.1. (a) This section applies to money received under Title II,Subtitle D, Part I of HAVA (42 U.S.C. 15401 through 15408) anddeposited in the account established under section 2 of this chapterfor those funds.
(b) Except as provided in subsection (c), money deposited in theaccount must be used to comply with the requirements of Title III ofHAVA (42 U.S.C. 15481 through 15502).
(c) As authorized under 42 U.S.C. 15401(b), money deposited inthe account may be used for other purposes authorized under Section
101 of HAVA (42 U.S.C. 15301) if the secretary of state, with theapproval of the co-directors of the election division, files thecertification required by Section 251(b)(2)(B) of HAVA (42 U.S.C.15401(b)(2)(B)).
(d) If the secretary of state makes the certification described insubsection (c), the secretary of state, with the approval of theco-directors of the election division, may transfer amounts that donot in total exceed the amount described in Section 251(b)(2)(B)from the Title II account of the fund to the Section 101 account ofthe fund.
(e) In conformity with Section 254(a)(7) of HAVA (42 U.S.C.15404), the state shall maintain expenditures by the state foractivities funded by the payment of funds described by this sectionat a level that is not less than the level of those expendituresmaintained by the state for the fiscal year ending June 30, 2000.
As added by P.L.209-2003, SEC.122. Amended by P.L.97-2004,SEC.5.
IC 3-11-6.5-4
Applications for reimbursement from fund; approval ofreimbursements
Sec. 4. (a) To receive reimbursement for the purchase of votingsystems under this chapter, a county must file an application with theelection division, in the form required by the election division. Thesecretary of state with the consent of the co-directors of the electiondivision shall review the application and make a recommendation tothe budget committee regarding the application. If a county filed anapplication under section 3 of this chapter (repealed) not later thanJanuary 31, 2003, the application may be amended to comply withthis chapter or the county may file a new application under thissubsection.
(b) The budget agency, after review by the budget committee,shall approve a county's application for reimbursement under thischapter if the budget agency determines any of the following:
(1) The county has purchased or will purchase a new votingsystem or an upgrade or expansion of an existing voting systemto comply with HAVA that would be eligible for reimbursementunder HAVA and this chapter from any fund account.
(2) The county purchased a new voting system or an upgrade orexpansion of the county's existing voting system after January1, 1998, and before July 1, 2001, that would not qualify forreimbursement from federal funds received under HAVA, andthe new voting system or upgrade or expansion of the county'sexisting voting system enhanced all of the following:
(A) Reliability of the county's voting system.
(B) Efficiency of the county's voting system.
(C) Ease of use of the county's voting system by voters.
(D) Public confidence in the county's voting system.
(3) The county has purchased or will purchase a new votingsystem to replace a voting system that the county cannot use
because the county is unable to obtain technical or otheroperating support for its current voting system. This subdivisionapplies only if the purchase of a new voting system is eligiblefor reimbursement under HAVA.
As added by P.L.239-2001, SEC.7. Amended by P.L.209-2003,SEC.123; P.L.108-2008, SEC.2.
IC 3-11-6.5-5
Reimbursement of county from fund
Sec. 5. (a) If a county's application is approved under section 4 ofthis chapter, the secretary of state with the consent of the co-directorsof the election division shall, subject to this section, reimburse thecounty from the fund an amount to be determined by the secretary ofstate with the consent of the co-directors of the election division.
(b) Payment of money from the fund is subject to the availabilityof money in the fund and the requirements of this chapter andHAVA.
(c) It is the intent of the general assembly that a county eligiblefor reimbursement under section 4 of this chapter be reimbursedfrom federal money received by the state to the maximum extentpermitted by federal law.
As added by P.L.239-2001, SEC.7. Amended by P.L.209-2003,SEC.124; P.L.164-2006, SEC.95.
IC 3-11-6.5-6
Repealed
(Repealed by P.L.209-2003, SEC.203.)
IC 3-11-6.5-6.1
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-11-6.5-7
Repealed
(Repealed by P.L.209-2003, SEC.203.)
IC 3-11-6.5-7.1
HAVA Section 102 funds; reimbursements to counties
Sec. 7.1. (a) This section applies to money received under Section102 of HAVA (42 U.S.C. 15302) and deposited in the accountestablished under section 2 of this chapter for those funds.
(b) Money deposited in the account must be used for the purposesset forth in Section 102 of HAVA (42 U.S.C. 15302).
(c) As permitted under 42 U.S.C. 15302, a county may apply toreceive reimbursement from the fund.
(d) To receive reimbursement or voting systems under thissection, a county must file an application with the election divisionin the form required by the election division. The secretary of state,with the consent of the co-directors of the election division, shallreview the application and make a recommendation to the budget
committee regarding the application. If a county filed an applicationunder section 3 of this chapter (repealed) not later than January 31,2003, the application may be amended to comply with this chapteror the county may file a new application under this subsection.
(e) The budget agency, after review by the budget committee,shall approve a county's application for reimbursement if the budgetagency determines that the county has purchased a voting system tocomply with Section 102 of HAVA and is eligible for reimbursementunder this section.
(f) The budget agency, after review by the budget committee,shall approve a county's application for disbursement of votingsystems to the county if the budget agency determines that the countyis entitled to receive voting systems under this section to complywith Section 102 of HAVA.
(g) If a county's application for reimbursement is approved underthis section, the secretary of state shall, subject to subsection (h),reimburse the county from the fund in an amount not more than theamount determined by STEP TWO of the following formula:
STEP ONE: Determine the number of precincts in the countythat used a voting machine voting system or a punch card votingsystem at the November 7, 2000, general election.
STEP TWO: Multiply the number determined in STEP ONE byfour thousand dollars ($4,000).
(h) Payment of money from the fund under this section is subjectto the availability of money in the fund and the requirements of thischapter and HAVA.
As added by P.L.209-2003, SEC.126. Amended by P.L.97-2004,SEC.6.
IC 3-11-6.5-8
HAVA Section 101 funds; reimbursements to counties
Sec. 8. (a) This section applies to money received under Section101 of HAVA (42 U.S.C. 15301) and deposited in the accountestablished under section 2 of this chapter for those funds.
(b) Money deposited in the account must be used in accordancewith the requirements applicable under Section 101 of HAVA (42U.S.C. 15301).
(c) The money may be used with the approval of the co-directorsof the election division for the following purposes:
(1) By the secretary of state for any purpose authorized by thistitle and permitted under 42 U.S.C. 15301.
(2) To reimburse counties for the purchase of new votingsystems eligible for reimbursement under section 7.1 of thischapter, to the extent that money received and deposited undersection 7.1 of this chapter is insufficient to replace all votingmachine systems and punch card voting systems in Indiana.
(3) To reimburse counties for the upgrade or expansion ofexisting voting systems to comply with HAVA.
(d) As permitted under 42 U.S.C. 15301, a county may apply toreceive reimbursement under subsection (c). (e) To receive reimbursement under this section, a county mustmake an application to the election division in the form required bythe election division. If the county filed an application under section3 of this chapter (repealed) not later than January 31, 2003:
(1) the application may be amended to comply with thischapter; or
(2) the county may file a new application under this section.
The secretary of state with the consent of the co-directors of theelection division shall review the application and make arecommendation to the budget committee regarding the application.
(f) The budget agency, after review by the budget committee,shall approve a county's application for reimbursement under thissection if the budget agency determines that the application complieswith the requirements for reimbursement under subsection (c)(2) or(c)(3).
(g) If a county's application is approved under subsection (c)(2),the secretary of state with the consent of the co-directors of theelection division shall, subject to subsection (i), pay the county fromthe fund an amount not more than the amount determined by STEPTWO of the following formula:
STEP ONE: Determine the number of precincts in the countythat used a voting machine voting system or a punch card votingsystem at the November 7, 2000, general election that cannot bereplaced with funds available under section 7.1 of this chapter.
STEP TWO: Multiply the number determined in STEP ONE byfour thousand dollars ($4,000).
(h) If a county's application is approved under subsection (c)(3),the secretary of state with the consent of the co-directors of theelection division shall, subject to subsection (i), pay the county fromthe fund in an amount to be determined by the secretary of state withthe consent of the co-directors of the election division.
(i) Payment of money from the fund under this section is subjectto the availability of money in the fund and the requirements of thischapter and HAVA.
As added by P.L.239-2001, SEC.7. Amended by P.L.209-2003,SEC.127; P.L.97-2004, SEC.7.