CHAPTER 7. APPROVAL OF BALLOT CARD VOTING SYSTEMS
IC 3-11-7
Chapter 7. Approval of Ballot Card Voting Systems
IC 3-11-7-1
Necessity of approval
Sec. 1. The commission must approve a ballot card voting systembefore it may be used in an election.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.235;P.L.2-1996, SEC.161; P.L.239-2001, SEC.8; P.L.221-2005, SEC.48.
IC 3-11-7-2
Approval of system by commission
Sec. 2. The commission may approve a ballot card voting systemonly if the commission determines that the system meets thestandards in this chapter and IC 3-11-15.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.236;P.L.2-1996, SEC.162; P.L.176-1999, SEC.68.
IC 3-11-7-3
Capability of system; voting in secrecy
Sec. 3. A ballot card voting system must enable a voter to cast avote in secrecy for all offices and public questions for which thevoter is entitled to vote.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.237.
IC 3-11-7-3.5
Face of ballot card
Sec. 3.5. A ballot card printed for use under this article must havethe year of the election to be conducted printed or stamped on theface of the ballot card.
As added by P.L.176-1999, SEC.69.
IC 3-11-7-4
Capability of system; voting straight or split ticket variations
Sec. 4. A ballot card voting system must permit a voter to voteeither:
(1) a straight party ticket for all of the candidates of a politicalparty by a single mark on each ballot card;
(2) a split ticket for the candidates of different political partiesand for independent candidates; or
(3) a straight party ticket and then split that ticket by castingindividual votes for candidates of another political party orindependent candidate.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.238;P.L.3-1993, SEC.131; P.L.221-2005, SEC.49.
IC 3-11-7-5
Requisites of systems
Sec. 5. A ballot card voting system must be:
(1) suitably designed for the purpose used; (2) of durable construction;
(3) safe, efficient, and accurate in the conduct of elections andcounting of ballots; and
(4) in compliance with the standards for systems that arepurchased after the effective date of the standards establishedunder this chapter and IC 3-11-15.
As added by P.L.5-1986, SEC.7. Amended by P.L.6-1986, SEC.19;P.L.3-1987, SEC.239; P.L.4-1991, SEC.74; P.L.2-1996, SEC.163;P.L.176-1999, SEC.70.
IC 3-11-7-6
Counting of vote; voting straight or split ticket variations
Sec. 6. A ballot card voting system must count a ballot inaccordance with IC 3-12-1-7 when a voter votes a straight ticket voteand votes for individual candidates as described by IC 3-12-1-7.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.240;P.L.3-1993, SEC.132; P.L.164-2006, SEC.96.
IC 3-11-7-7
Repealed
(Repealed by P.L.164-2006, SEC.144.)
IC 3-11-7-8
Repealed
(Repealed by P.L.164-2006, SEC.144.)
IC 3-11-7-9
Repealed
(Repealed by P.L.164-2006, SEC.144.)
IC 3-11-7-10
Repealed
(Repealed by P.L.164-2006, SEC.144.)
IC 3-11-7-11
Repealed
(Repealed by P.L.164-2006, SEC.144.)
IC 3-11-7-11.5
Ballot card voting system; write-in vote count capacity
Sec. 11.5. A ballot card voting system must permit the countingof write-in votes in accordance with IC 3-12-1-7.5.
As added by P.L.3-1993, SEC.138.
IC 3-11-7-12
Tests to be conducted by independent laboratory before approvingsystem; marketing, sale, lease, or installation of voting system;expiration of approval
Sec. 12. (a) The commission shall:
(1) require the vendor to have tests conducted concerning the
compliance of a ballot card voting system with HAVA and thestandards set forth in this chapter and IC 3-11-15; and
(2) have the results of the tests evaluated by the persondesignated under IC 3-11-16;
before determining whether to approve the application forcertification of a ballot card voting system.
(b) The tests required under this section must be performed by anindependent laboratory accredited under 42 U.S.C. 15371. Thevendor shall pay any testing expenses incurred under this section.
(c) A ballot card voting system may not be marketed, sold, leased,installed, or implemented in Indiana before the application forcertification of the system is approved by the commission.
(d) An approval of a ballot card voting system under this chapterexpires on the date specified in section 19(a) of this chapter.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.245;P.L.2-1996, SEC.164; P.L.221-2005, SEC.50.
IC 3-11-7-13
Repealed
(Repealed by P.L.176-1999, SEC.134.)
IC 3-11-7-14
Supplementary instructions and procedures for safe and efficientuse of system; issuance
Sec. 14. The commission may issue supplementary instructionsand procedures for the safe and efficient use of ballot card votingsystems to carry out this chapter.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.247;P.L.2-1996, SEC.166.
IC 3-11-7-15
Proposed changes to voting system; tests to be conducted byindependent laboratory before approval; criteria for approval;marketing, sale, lease, or installation of changes; expiration ofapproval
Sec. 15. (a) A vendor may apply for approval of a proposedimprovement or change to a ballot card voting system that iscurrently certified by the commission. A proposed improvement orchange may not be marketed, sold, leased, installed, or implementedin Indiana before the application for the improvement or change isapproved by the commission.
(b) An application for approval of an improvement or changemust be in the form prescribed by the commission.
(c) The vendor applying for approval of an improvement or achange must have the improvement or change to the voting systemtested by an independent laboratory accredited under 42 U.S.C.15371. The vendor shall pay any testing expenses incurred under thissubsection.
(d) The election division (or the person designated underIC 3-11-16) shall review the proposed improvement or change to the
voting system and report the results of the review to the commission.The review must indicate:
(1) whether the proposed improvement or change has beenapproved by an independent laboratory accredited under 42U.S.C. 15371; and
(2) whether the proposed improvement or change would complywith HAVA and the standards set forth in this chapter andIC 3-11-15.
(e) After the commission has approved the application for animprovement or change to a ballot card voting system, theimprovement or change may be marketed, sold, leased, installed, orimplemented in Indiana.
(f) An approval of an application under this section expires on thedate specified under section 19(a) of this chapter.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.248;P.L.4-1991, SEC.75; P.L.2-1996, SEC.167; P.L.3-1997, SEC.286;P.L.14-2004, SEC.108; P.L.221-2005, SEC.51.
IC 3-11-7-16
Disapproval of system
Sec. 16. The commission may not approve the marketing, sale,lease, installation, or implementation of a ballot card voting systemby a vendor if the commission finds that the system fails to meet allstatutory requirements.
As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.249;P.L.5-1988, SEC.8; P.L.4-1991, SEC.76; P.L.2-1996, SEC.168;P.L.176-1999, SEC.71; P.L.221-2005, SEC.52.
IC 3-11-7-17
Examination of previously approved voting system; rescission ofapproval; prohibition of use
Sec. 17. (a) The election division (or the person designated underIC 3-11-16) may periodically examine a ballot card voting systemthat the commission has previously approved to determine whetherthe system is still in compliance with all statutory requirements andwhether the voting system in use in a county has the same hardware,firmware, and software as the version of the voting system that wascertified by the commission.
(b) If a system does not comply with subsection (a), thecommission may rescind the commission's approval of the votingsystem.
(c) If the commission's approval is rescinded under subsection (b),the commission may prohibit the system from being installed,implemented, leased, marketed, used, permitted to be used, or soldfor use in Indiana in an election conducted under this title.
As added by P.L.4-1991, SEC.77. Amended by P.L.3-1993, SEC.139;P.L.2-1996, SEC.169; P.L.2-1997, SEC.9; P.L.3-1997, SEC.287;P.L.176-1999, SEC.72; P.L.126-2002, SEC.57; P.L.14-2004,SEC.109; P.L.221-2005, SEC.53.
IC 3-11-7-18
Filing contracts, leases, or purchase orders with election division
Sec. 18. (a) The county executive shall file a copy of all contracts,leases, or purchase orders, including modifications, for the sale orlease of voting equipment, systems, or software with the electiondivision.
(b) The documents listed in subsection (a) must be filed not laterthan thirty (30) days after the date of approval of the contract, lease,or purchase order by the county executive.
As added by P.L.4-1991, SEC.78. Amended by P.L.2-1996, SEC.170;P.L.3-1997, SEC.288; P.L.221-2005, SEC.54.
IC 3-11-7-19
Expiration of approval of voting system; renewal of approval;notice of request for renewal; conditions for renewal; approval ofrenewal
Sec. 19. (a) Except as provided in subsection (g), the approval ofa ballot card voting system under this chapter expires October 1 ofthe year following the year in which presidential electors are electedunder IC 3-10-2-3.
(b) The vendor of a voting system approved under this chaptermay request that the approval be renewed by filing an applicationwith the election division.
(c) The application described in subsection (b) must identify allcounties that are currently using the voting system. Before thecommission considers the application for renewal, the electiondivision shall give notice of the application to the circuit court clerkof each county listed in the application.
(d) When the commission considers the application, thecommission shall request comments regarding the renewal of theapplication from any interested person. Before acting on theapplication for renewal, the commission must receive a report fromthe person designated under IC 3-11-16 indicating that the hardware,firmware, and software included in the application for renewal of thevoting system is identical to the version of the voting systempreviously certified by the commission.
(e) After receiving the report under subsection (d) and receivingcomments from interested persons, the commission shall approve anapplication for renewal under this section if the commission findsthat the voting system:
(1) complies with the standards prescribed under this chapter;
(2) has worked effectively where the system has been used; and
(3) has been adequately supported by the vendor of the system.
(f) If the commission finds that a vendor has marketed, sold,leased, installed, implemented, or permitted the use of a votingsystem in Indiana that:
(1) has not been certified by the commission for use in Indiana;or
(2) includes hardware, firmware, or software in a version thathas not been approved for use in Indiana;the commission may revoke the approval granted under this sectionand prohibit the vendor from marketing, leasing, or selling anyvoting system in Indiana for a specific period not to exceed five (5)years.
(g) A vendor subject to subsection (f) may continue to providesupport during the period specified in subsection (f) to a county thathas acquired a voting system from the vendor after the vendorcertifies that the voting system to be supported by the vendor onlyincludes hardware, firmware, and software approved for use inIndiana.
As added by P.L.3-1993, SEC.140. Amended by P.L.2-1996,SEC.171; P.L.3-1997, SEC.289; P.L.14-2004, SEC.110;P.L.221-2005, SEC.55.