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 electronic
voting 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 an
electronic 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 system
only if the system complies with the requirements of this chapter and
IC 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 independent
laboratory before approving system; marketing, sale, lease, or
installation of voting system; expiration of approval
Sec. 4. (a) The commission shall:
(1) require the vendor to have tests conducted concerning the
compliance of an electronic voting system with HAVA and the
standards set forth in this chapter and IC 3-11-15; and
(2) have the results of the tests evaluated by the person
designated under IC 3-11-16;
before determining whether to approve the application for
certification of an electronic voting system.
(b) The tests required under this section must be performed by an
independent laboratory accredited under 42 U.S.C. 15371. The
vendor shall pay any testing expenses under this section.
(c) If the commission finds that an electronic voting system
complies 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 application
for certification of the system is approved by the commission.
(e) An approval of an electronic voting system under this chapter
expires 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 by
independent laboratory before approval; criteria for approval;
marketing, sale, lease, or installation of changes; expiration of
approval
Sec. 5. (a) A vendor may apply for approval of a proposed
improvement or change to an electronic voting system that is
currently certified by the commission. A proposed improvement or
change may not be marketed, sold, leased, installed, or implemented
in Indiana before the application for the improvement or change is
approved by the commission.
(b) An application for approval of an improvement or a change
must be in the form prescribed by the commission.
(c) The vendor applying for approval of an improvement or a
change must have the improvement or change to the voting system
tested by an independent laboratory accredited under 42 U.S.C.
15371. The vendor shall pay any testing expenses incurred under this
subsection.
(d) The election division (or the person designated under
IC 3-11-16) shall review the 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 been
approved by an independent laboratory accredited under 42
U.S.C. 15371; and
(2) whether the proposed improvement or change would comply
with HAVA and the standards set forth in this chapter and
IC 3-11-15.
(e) After the commission has examined and approved the
application for an improvement or change to an electronic voting
system, 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 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.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 19
of 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 voter
in 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 that
will permit votes to be cast for any candidate at any election and for
or 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 political
party, or for one (1) or more candidates nominated by petition;
(2) for as many candidates for an office as the voter may vote
for, 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 political
party 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 from
voting for the same candidate or for or against the same public
question 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 in
a primary election so that a voter may not vote for a candidate except
those 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 and
accurately count all votes cast for each candidate and for or against
each 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 it
can be determined whether the system has been operated after once
being 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 indicate
during an election how many voters have voted by use of a counting
device. As added by P.L.3-1987, SEC.250.
IC 3-11-7.5-16 Votes cast counting device; security against voting upon removal
of device
Sec. 16. An electronic voting system must have a counting device
that records the number of votes cast for each candidate and for or
against each public question on the ballot that cannot be tampered
with or altered at any time while votes are being cast on the system.
When the computer memory pack that permits votes to be recorded
on the counting device is removed, the system must be designed so
that 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 or
method that prevents the operation of the system before the time for
opening 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 that
will 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 in
which the ballot label is placed constructed with a transparent
protective sheet in order that the names cannot be mutilated or
altered.
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 only
after 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 system
in working order
Sec. 22. A county executive also may not purchase or procure an
electronic voting system unless the person selling the system has
guaranteed, in writing, to keep the system in working order at least
five (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 an
electronic voting system at an election following the adoption of the
systems in a county, as many systems shall be supplied as it is
possible to procure. The county election board shall determine the
precincts 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 and
custody 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 the
experimental use of an electronic voting system at an election in one
(1) or more precincts in the county. The system may be used without
a formal adoption by the county or purchase but the electronic voting
system must be approved by the commission before the system is
implemented in or used by the county. The experimental use of a
system at an election in accordance with this section is valid for all
purposes 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 of
approval; prohibition of use
Sec. 26. (a) The election division (or the person designated under
IC 3-11-16) may periodically examine an electronic voting system
that the commission has previously approved to determine whether
that system is still in compliance with all statutory requirements and
whether the voting system in use in a county has the same hardware,
firmware, and software as the version of the voting system that was
certified by the commission.
(b) If a system does not comply with subsection (a), the
commission may rescind the commission's approval of the voting
system.
(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 sold
for 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 or
lease of voting equipment, systems, or software with the election
division.
(b) The documents listed in subsection (a) must be filed not later
than 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 of
an electronic voting system under this chapter expires October 1 of
the year following the year in which presidential electors are elected
under IC 3-10-2-3.
(b) The vendor of a voting system approved under this chapter
may request that the approval be renewed by filing an application
with the election division.
(c) The application described in subsection (b) must identify all
counties that are currently using the voting system. Before the
commission considers the application for renewal, the election
division shall give notice of the application to the circuit court clerk
of each county listed in the application.
(d) When the commission considers the application, the election
division shall request comments regarding the renewal of the
application from any interested person. Before acting on the
application for renewal, the commission must receive a report from
the person designated under IC 3-11-16 indicating that the hardware,
firmware, and software included in the application for renewal of the
voting system is identical to the version of the voting system
previously certified by the commission.
(e) After receiving the report under subsection (d) and comments
from interested persons, the commission shall approve an application
for renewal under this section if the commission finds that 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 voting
system 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 that
has not been approved for use in Indiana;
the commission may revoke the approval granted under this section
and prohibit the vendor from marketing, leasing, or selling any
voting system in Indiana for a specific period not to exceed five (5)
years.
(g) A vendor subject to subsection (f) may continue to provide
support during the period specified in subsection (f) to a county that
has acquired a voting system from the vendor after the vendor
certifies that the voting system to be supported by the vendor only
includes hardware, firmware, and software approved for use in
Indiana. 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.
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 electronic
voting 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 an
electronic 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 system
only if the system complies with the requirements of this chapter and
IC 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 independent
laboratory before approving system; marketing, sale, lease, or
installation of voting system; expiration of approval
Sec. 4. (a) The commission shall:
(1) require the vendor to have tests conducted concerning the
compliance of an electronic voting system with HAVA and the
standards set forth in this chapter and IC 3-11-15; and
(2) have the results of the tests evaluated by the person
designated under IC 3-11-16;
before determining whether to approve the application for
certification of an electronic voting system.
(b) The tests required under this section must be performed by an
independent laboratory accredited under 42 U.S.C. 15371. The
vendor shall pay any testing expenses under this section.
(c) If the commission finds that an electronic voting system
complies 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 application
for certification of the system is approved by the commission.
(e) An approval of an electronic voting system under this chapter
expires 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 by
independent laboratory before approval; criteria for approval;
marketing, sale, lease, or installation of changes; expiration of
approval
Sec. 5. (a) A vendor may apply for approval of a proposed
improvement or change to an electronic voting system that is
currently certified by the commission. A proposed improvement or
change may not be marketed, sold, leased, installed, or implemented
in Indiana before the application for the improvement or change is
approved by the commission.
(b) An application for approval of an improvement or a change
must be in the form prescribed by the commission.
(c) The vendor applying for approval of an improvement or a
change must have the improvement or change to the voting system
tested by an independent laboratory accredited under 42 U.S.C.
15371. The vendor shall pay any testing expenses incurred under this
subsection.
(d) The election division (or the person designated under
IC 3-11-16) shall review the 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 been
approved by an independent laboratory accredited under 42
U.S.C. 15371; and
(2) whether the proposed improvement or change would comply
with HAVA and the standards set forth in this chapter and
IC 3-11-15.
(e) After the commission has examined and approved the
application for an improvement or change to an electronic voting
system, 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 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.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 19
of 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 voter
in 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 that
will permit votes to be cast for any candidate at any election and for
or 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 political
party, or for one (1) or more candidates nominated by petition;
(2) for as many candidates for an office as the voter may vote
for, 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 political
party 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 from
voting for the same candidate or for or against the same public
question 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 in
a primary election so that a voter may not vote for a candidate except
those 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 and
accurately count all votes cast for each candidate and for or against
each 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 it
can be determined whether the system has been operated after once
being 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 indicate
during an election how many voters have voted by use of a counting
device. As added by P.L.3-1987, SEC.250.
IC 3-11-7.5-16 Votes cast counting device; security against voting upon removal
of device
Sec. 16. An electronic voting system must have a counting device
that records the number of votes cast for each candidate and for or
against each public question on the ballot that cannot be tampered
with or altered at any time while votes are being cast on the system.
When the computer memory pack that permits votes to be recorded
on the counting device is removed, the system must be designed so
that 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 or
method that prevents the operation of the system before the time for
opening 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 that
will 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 in
which the ballot label is placed constructed with a transparent
protective sheet in order that the names cannot be mutilated or
altered.
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 only
after 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 system
in working order
Sec. 22. A county executive also may not purchase or procure an
electronic voting system unless the person selling the system has
guaranteed, in writing, to keep the system in working order at least
five (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 an
electronic voting system at an election following the adoption of the
systems in a county, as many systems shall be supplied as it is
possible to procure. The county election board shall determine the
precincts 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 and
custody 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 the
experimental use of an electronic voting system at an election in one
(1) or more precincts in the county. The system may be used without
a formal adoption by the county or purchase but the electronic voting
system must be approved by the commission before the system is
implemented in or used by the county. The experimental use of a
system at an election in accordance with this section is valid for all
purposes 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 of
approval; prohibition of use
Sec. 26. (a) The election division (or the person designated under
IC 3-11-16) may periodically examine an electronic voting system
that the commission has previously approved to determine whether
that system is still in compliance with all statutory requirements and
whether the voting system in use in a county has the same hardware,
firmware, and software as the version of the voting system that was
certified by the commission.
(b) If a system does not comply with subsection (a), the
commission may rescind the commission's approval of the voting
system.
(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 sold
for 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 or
lease of voting equipment, systems, or software with the election
division.
(b) The documents listed in subsection (a) must be filed not later
than 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 of
an electronic voting system under this chapter expires October 1 of
the year following the year in which presidential electors are elected
under IC 3-10-2-3.
(b) The vendor of a voting system approved under this chapter
may request that the approval be renewed by filing an application
with the election division.
(c) The application described in subsection (b) must identify all
counties that are currently using the voting system. Before the
commission considers the application for renewal, the election
division shall give notice of the application to the circuit court clerk
of each county listed in the application.
(d) When the commission considers the application, the election
division shall request comments regarding the renewal of the
application from any interested person. Before acting on the
application for renewal, the commission must receive a report from
the person designated under IC 3-11-16 indicating that the hardware,
firmware, and software included in the application for renewal of the
voting system is identical to the version of the voting system
previously certified by the commission.
(e) After receiving the report under subsection (d) and comments
from interested persons, the commission shall approve an application
for renewal under this section if the commission finds that 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 voting
system 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 that
has not been approved for use in Indiana;
the commission may revoke the approval granted under this section
and prohibit the vendor from marketing, leasing, or selling any
voting system in Indiana for a specific period not to exceed five (5)
years.
(g) A vendor subject to subsection (f) may continue to provide
support during the period specified in subsection (f) to a county that
has acquired a voting system from the vendor after the vendor
certifies that the voting system to be supported by the vendor only
includes hardware, firmware, and software approved for use in
Indiana. 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.
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 electronic
voting 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 an
electronic 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 system
only if the system complies with the requirements of this chapter and
IC 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 independent
laboratory before approving system; marketing, sale, lease, or
installation of voting system; expiration of approval
Sec. 4. (a) The commission shall:
(1) require the vendor to have tests conducted concerning the
compliance of an electronic voting system with HAVA and the
standards set forth in this chapter and IC 3-11-15; and
(2) have the results of the tests evaluated by the person
designated under IC 3-11-16;
before determining whether to approve the application for
certification of an electronic voting system.
(b) The tests required under this section must be performed by an
independent laboratory accredited under 42 U.S.C. 15371. The
vendor shall pay any testing expenses under this section.
(c) If the commission finds that an electronic voting system
complies 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 application
for certification of the system is approved by the commission.
(e) An approval of an electronic voting system under this chapter
expires 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 by
independent laboratory before approval; criteria for approval;
marketing, sale, lease, or installation of changes; expiration of
approval
Sec. 5. (a) A vendor may apply for approval of a proposed
improvement or change to an electronic voting system that is
currently certified by the commission. A proposed improvement or
change may not be marketed, sold, leased, installed, or implemented
in Indiana before the application for the improvement or change is
approved by the commission.
(b) An application for approval of an improvement or a change
must be in the form prescribed by the commission.
(c) The vendor applying for approval of an improvement or a
change must have the improvement or change to the voting system
tested by an independent laboratory accredited under 42 U.S.C.
15371. The vendor shall pay any testing expenses incurred under this
subsection.
(d) The election division (or the person designated under
IC 3-11-16) shall review the 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 been
approved by an independent laboratory accredited under 42
U.S.C. 15371; and
(2) whether the proposed improvement or change would comply
with HAVA and the standards set forth in this chapter and
IC 3-11-15.
(e) After the commission has examined and approved the
application for an improvement or change to an electronic voting
system, 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 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.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 19
of 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 voter
in 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 that
will permit votes to be cast for any candidate at any election and for
or 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 political
party, or for one (1) or more candidates nominated by petition;
(2) for as many candidates for an office as the voter may vote
for, 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 political
party 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 from
voting for the same candidate or for or against the same public
question 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 in
a primary election so that a voter may not vote for a candidate except
those 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 and
accurately count all votes cast for each candidate and for or against
each 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 it
can be determined whether the system has been operated after once
being 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 indicate
during an election how many voters have voted by use of a counting
device. As added by P.L.3-1987, SEC.250.
IC 3-11-7.5-16 Votes cast counting device; security against voting upon removal
of device
Sec. 16. An electronic voting system must have a counting device
that records the number of votes cast for each candidate and for or
against each public question on the ballot that cannot be tampered
with or altered at any time while votes are being cast on the system.
When the computer memory pack that permits votes to be recorded
on the counting device is removed, the system must be designed so
that 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 or
method that prevents the operation of the system before the time for
opening 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 that
will 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 in
which the ballot label is placed constructed with a transparent
protective sheet in order that the names cannot be mutilated or
altered.
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 only
after 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 system
in working order
Sec. 22. A county executive also may not purchase or procure an
electronic voting system unless the person selling the system has
guaranteed, in writing, to keep the system in working order at least
five (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 an
electronic voting system at an election following the adoption of the
systems in a county, as many systems shall be supplied as it is
possible to procure. The county election board shall determine the
precincts 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 and
custody 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 the
experimental use of an electronic voting system at an election in one
(1) or more precincts in the county. The system may be used without
a formal adoption by the county or purchase but the electronic voting
system must be approved by the commission before the system is
implemented in or used by the county. The experimental use of a
system at an election in accordance with this section is valid for all
purposes 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 of
approval; prohibition of use
Sec. 26. (a) The election division (or the person designated under
IC 3-11-16) may periodically examine an electronic voting system
that the commission has previously approved to determine whether
that system is still in compliance with all statutory requirements and
whether the voting system in use in a county has the same hardware,
firmware, and software as the version of the voting system that was
certified by the commission.
(b) If a system does not comply with subsection (a), the
commission may rescind the commission's approval of the voting
system.
(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 sold
for 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 or
lease of voting equipment, systems, or software with the election
division.
(b) The documents listed in subsection (a) must be filed not later
than 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 of
an electronic voting system under this chapter expires October 1 of
the year following the year in which presidential electors are elected
under IC 3-10-2-3.
(b) The vendor of a voting system approved under this chapter
may request that the approval be renewed by filing an application
with the election division.
(c) The application described in subsection (b) must identify all
counties that are currently using the voting system. Before the
commission considers the application for renewal, the election
division shall give notice of the application to the circuit court clerk
of each county listed in the application.
(d) When the commission considers the application, the election
division shall request comments regarding the renewal of the
application from any interested person. Before acting on the
application for renewal, the commission must receive a report from
the person designated under IC 3-11-16 indicating that the hardware,
firmware, and software included in the application for renewal of the
voting system is identical to the version of the voting system
previously certified by the commission.
(e) After receiving the report under subsection (d) and comments
from interested persons, the commission shall approve an application
for renewal under this section if the commission finds that 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 voting
system 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 that
has not been approved for use in Indiana;
the commission may revoke the approval granted under this section
and prohibit the vendor from marketing, leasing, or selling any
voting system in Indiana for a specific period not to exceed five (5)
years.
(g) A vendor subject to subsection (f) may continue to provide
support during the period specified in subsection (f) to a county that
has acquired a voting system from the vendor after the vendor
certifies that the voting system to be supported by the vendor only
includes hardware, firmware, and software approved for use in
Indiana. 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.
