CHAPTER 7.5. APPROVAL OF ELECTRONIC VOTING SYSTEMS
IC 3-11-7.5
Chapter 7.5. Approval of Electronic Voting Systems
IC 3-11-7.5-1
Necessity for approval
Sec. 1. The commission must approve any form of electronicvoting 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.
IC 3-11-7.5-2
Submission of application for approval
Sec. 2. A person may submit an application for approval of anelectronic voting system in the form prescribed by the commission.
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.
IC 3-11-7.5-3
Compliance with statutes required for approval
Sec. 3. The commission may approve an electronic voting systemonly if the system complies with the requirements of this chapter andIC 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.
IC 3-11-7.5-4
Standards for approval; tests to be conducted by independentlaboratory before approving system; marketing, sale, lease, orinstallation of voting system; expiration of approval
Sec. 4. (a) The commission shall:
(1) require the vendor to have tests conducted concerning thecompliance of an electronic 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 an electronic 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 under this section.
(c) If the commission finds that an electronic voting systemcomplies with this article, the commission may approve the system.The approved system then may be adopted for use at an election.
(d) An electronic voting system may not be marketed, sold,leased, installed, or implemented in Indiana before the applicationfor certification of the system is approved by the commission.
(e) An approval of an electronic voting system under this chapterexpires on the date specified by section 28(a) of this chapter.As added by P.L.3-1987, SEC.250. Amended by P.L.4-1991, SEC.80;P.L.2-1996, SEC.175; P.L.176-1999, SEC.74; P.L.221-2005,SEC.58.
IC 3-11-7.5-5
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. 5. (a) A vendor may apply for approval of a proposedimprovement or change to an electronic 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 a 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 improvement or change to the votingsystem and report the results of the review to the commission. Thereview 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 examined and approved theapplication for an improvement or change to an electronic votingsystem, the improvement or change may be marketed, sold, leased,installed, or implemented in Indiana.
(f) An approval of an application under this section expires on thedate specified by section 28(a) of this chapter.
As added by P.L.3-1987, SEC.250. Amended by P.L.4-1991, SEC.81;P.L.2-1996, SEC.176; P.L.3-1997, SEC.291; P.L.176-1999, SEC.75;P.L.14-2004, SEC.111; P.L.221-2005, SEC.59.
IC 3-11-7.5-6
Repealed
(Repealed by P.L.3-1997, SEC.475.)
IC 3-11-7.5-7
Voting system must meet specifications
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 19of this chapter and in IC 3-11-15.
As added by P.L.3-1987, SEC.250. Amended by P.L.4-1991, SEC.82;P.L.2-1996, SEC.178; P.L.176-1999, SEC.76; P.L.221-2005,SEC.60.
IC 3-11-7.5-8
Secrecy
Sec. 8. An electronic voting system must ensure secrecy to a voterin the act of voting.
As added by P.L.3-1987, SEC.250.
IC 3-11-7.5-9
Potential for voting for any candidate or on any public question
Sec. 9. An electronic voting system must provide facilities thatwill permit votes to be cast for any candidate at any election and foror against any public question.
As added by P.L.3-1987, SEC.250.
IC 3-11-7.5-10
Voting potential of system
Sec. 10. An electronic voting system must permit a voter to vote:
(1) except at a primary election, for all the candidates of one (1)political party, for one (1) or more candidates of each politicalparty, or for one (1) or more candidates nominated by petition;
(2) for as many candidates for an office as the voter may votefor, but no more;
(3) for or against a public question on which the voter may vote,but no other; and
(4) for all the candidates for presidential electors of a politicalparty or an independent ticket at one (1) time.
As added by P.L.3-1987, SEC.250. Amended by P.L.3-1993,SEC.141.
IC 3-11-7.5-11
Multiple vote prevention feature
Sec. 11. An electronic voting system must prevent a voter fromvoting for the same candidate or for or against the same publicquestion more than once.
As added by P.L.3-1987, SEC.250.
IC 3-11-7.5-12
Single party primary voting potential
Sec. 12. An electronic voting system must be adjustable for use ina primary election so that a voter may not vote for a candidate exceptthose seeking nomination as candidates of the voter's political party.
As added by P.L.3-1987, SEC.250.
IC 3-11-7.5-13
Accuracy in registering and counting votes Sec. 13. An electronic voting system must correctly register andaccurately count all votes cast for each candidate and for or againsteach public question.
As added by P.L.3-1987, SEC.250.
IC 3-11-7.5-14
Security against unauthorized voting
Sec. 14. An electronic voting system must be designed so that itcan be determined whether the system has been operated after oncebeing secured against additional voting.
As added by P.L.3-1987, SEC.250.
IC 3-11-7.5-15
Voter counting device
Sec. 15. An electronic voting system must be able to indicateduring an election how many voters have voted by use of a countingdevice.
As added by P.L.3-1987, SEC.250.
IC 3-11-7.5-16
Votes cast counting device; security against voting upon removalof device
Sec. 16. An electronic voting system must have a counting devicethat records the number of votes cast for each candidate and for oragainst each public question on the ballot that cannot be tamperedwith or altered at any time while votes are being cast on the system.When the computer memory pack that permits votes to be recordedon the counting device is removed, the system must be designed sothat it can no longer be placed into operation.
As added by P.L.3-1987, SEC.250.
IC 3-11-7.5-17
Prevention of voting outside polling hours
Sec. 17. An electronic voting system must have a device ormethod that prevents the operation of the system before the time foropening 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 electronic voting system must bear a number thatwill distinguish it from any other system.
As added by P.L.3-1987, SEC.250.
IC 3-11-7.5-19
Ballot label protective sheet
Sec. 19. An electronic voting system must have the frame inwhich the ballot label is placed constructed with a transparentprotective sheet in order that the names cannot be mutilated oraltered.As added by P.L.3-1987, SEC.250.
IC 3-11-7.5-20
Repealed
(Repealed by P.L.221-2005, SEC.145.)
IC 3-11-7.5-21
Adoption and procurement of system
Sec. 21. A county executive may purchase, procure, lease, install,implement, or authorize the use of an electronic voting system onlyafter 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.221-2005, SEC.61.
IC 3-11-7.5-22
Requirement of written guarantee to keep electronic voting systemin working order
Sec. 22. A county executive also may not purchase or procure anelectronic voting system unless the person selling the system hasguaranteed, in writing, to keep the system in working order at leastfive (5) years.
As added by P.L.3-1987, SEC.250. Amended by P.L.7-1990, SEC.47.
IC 3-11-7.5-23
Phase in of system
Sec. 23. If it is impossible to supply each precinct with anelectronic voting system at an election following the adoption of thesystems in a county, as many systems shall be supplied as it ispossible to procure. The county election board shall determine theprecincts of the county in which the systems will be used.
As added by P.L.3-1987, SEC.250.
IC 3-11-7.5-24
Custody of system while not in use
Sec. 24. The circuit court clerk is responsible for the care andcustody of all electronic voting systems while not in use.
As added by P.L.3-1987, SEC.250.
IC 3-11-7.5-25
Experimental use of system
Sec. 25. The county election board may provide for theexperimental use of an electronic voting system at an election in one(1) or more precincts in the county. The system may be used withouta formal adoption by the county or purchase but the electronic votingsystem must be approved by the commission before the system isimplemented in or used by the county. The experimental use of asystem at an election in accordance with this section is valid for allpurposes as if formally adopted by the county.
As added by P.L.3-1987, SEC.250. Amended by P.L.2-1996,SEC.180; P.L.14-2004, SEC.112.
IC 3-11-7.5-26
Examination of previously approved voting system; rescission ofapproval; prohibition of use
Sec. 26. (a) The election division (or the person designated underIC 3-11-16) may periodically examine an electronic voting systemthat the commission has previously approved to determine whetherthat 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.84. Amended by P.L.3-1993, SEC.142;P.L.2-1996, SEC.181; P.L.3-1997, SEC.292; P.L.176-1999, SEC.78;P.L.126-2002, SEC.58; P.L.14-2004, SEC.113; P.L.221-2005,SEC.62.
IC 3-11-7.5-27
Filing contracts, leases, or purchase orders with election division
Sec. 27. (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.85. Amended by P.L.2-1996, SEC.182;P.L.3-1997, SEC.293; P.L.221-2005, SEC.63.
IC 3-11-7.5-28
Expiration of approval of voting system; renewal of approval;notice of request for renewal; conditions
Sec. 28. (a) Except as provided in subsection (g), the approval ofan electronic 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, the electiondivision 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 commentsfrom interested persons, the commission shall approve an applicationfor renewal under this section if the commission finds that the votingsystem:
(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.143. Amended by P.L.2-1997, SEC.10;P.L.3-1997, SEC.294; P.L.14-2004, SEC.114; P.L.221-2005,SEC.64.