Sec. 31.7. (a) This section is enacted to comply with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory standards to define what constitutes a vote on an optical scan voting system.
(b) After receiving ballot cards, a voter shall, without leaving the room, go alone into one (1) of the booths or compartments that is unoccupied and indicate:
(1) the candidates for whom the voter desires to vote by marking the connectable arrows, circles, ovals, or squares immediately beside:
(A) the candidates' names; or
(B) the numbers referring to the candidates; and
(2) the voter's preference on each public question by marking the connectable arrow, oval, or square beside:
(A) the word "yes" or "no" under the question; or
(B) the number referring to the word "yes" or "no" on the ballot.
(c) If an election is a general or municipal election and a voter desires to vote for all the candidates of one (1) political party or independent ticket (described in IC 3-11-2-6), the voter may mark:
(1) the circle enclosing the device; or
(2) the connectable arrow, circle, oval, or square described in section 11 of this chapter;
that designates the candidates of that political party or independent ticket (described in IC 3-11-2-6). Except as provided by IC 3-11-7-4(b), the voter's vote shall then be counted for all the candidates of that political party or included in the independent ticket (described in IC 3-11-2-6). However, if the voter marks the circle, arrow, oval, or square of an independent ticket (described in IC 3-11-2-6), the vote shall not be counted for any other independent candidate on the ballot.
(d) This subsection applies to a voter casting a ballot on a voting system that includes features of both an optical scan ballot card voting system and a direct record electronic voting system. After entering into a booth used with the voting system, the voter shall indicate the candidates for whom the voter desires to vote and the voter's preference on each public question by:
(1) inserting a paper ballot or an optical scan ballot into the voting system; or
(2) using headphones to listen to a recorded list of political parties, candidates, and public questions.
(e) A voter using a voting system described in subsection (d) may indicate the voter's selections by:
(1) touching a device on or in the squares immediately adjacent to the name of a political party, candidate, or response to a public question; or
(2) indicating the voter's choices by using a sip puff device that enables the voter to indicate a choice by inhaling or exhaling.
As added by P.L.3-1987, SEC.317. Amended by P.L.3-1993, SEC.170; P.L.176-1999, SEC.89; P.L.209-2003, SEC.161; P.L.58-2005, SEC.20; P.L.221-2005, SEC.86; P.L.76-2014, SEC.42; P.L.128-2015, SEC.193; P.L.21-2016, SEC.18.
Structure Indiana Code
Article 11. Voting Methods, Supplies, and Equipment
Chapter 13. Voting by Ballot Card Voting System
3-11-13-1. Application of Chapter
3-11-13-2. Permissible Use of System; Generally
3-11-13-3. Use of System at Primary Election; Requisites
3-11-13-4.5. Education Program to Inform of Effect of Casting Multiple Ballots for Single Office
3-11-13-6. Marking Devices; Preparation; Time of System Delivery to Polls
3-11-13-7. Demonstration Marking Devices
3-11-13-7.5. Ballot Marking Devices; Requirements
3-11-13-8. Marking of Ballot Cards in Secret
3-11-13-9. Sample Ballots; Requirements
3-11-13-10. Posting Sample Ballots
3-11-13-11. Ballot Information; Arrangement
3-11-13-11.5. No Quotation Marks in Formatting Public Questions on Ballot
3-11-13-13. Ballot Labels; Marking to Indicate List of Candidates Continued on Following Page
3-11-13-16. Rotation of Names of Candidates for Nomination at Primary Election
3-11-13-18. Ballot Cards for Write-in Voting; When Not Required; Standards to Define a Vote
3-11-13-23. Observation of Machine Tests; Certification
3-11-13-24. Applicability of Section to Certain Voting Systems; Testing Machines; Requirements
3-11-13-24.5. Testing Voting System Tabulation
3-11-13-25. Testing Machines; Detection of Error; Determination of Cause and Correction
3-11-13-26. Sealing Tabulating Machines Following Completion of Count
3-11-13-26.5. Instructional Displays
3-11-13-27. Determination of System Readiness; Certification
3-11-13-27.5. Opening and Delivering Ballots and Marking Devices
3-11-13-28.1. Applicability; Initials of Poll Clerks on Ballot Card
3-11-13-28.2. Applicability; Initials of Poll Clerks on Ballot Card
3-11-13-28.7. Poll Clerk Initials on Secrecy Envelopes; Standards to Define a Vote
3-11-13-29. Instructions to Voters; Location of Instructions; Rights of Voter in Casting Ballot
3-11-13-30. Instructions to Voter
3-11-13-31. Assisting Voter in Determining Proper Initials on Ballot Card
3-11-13-31.5. Visual Placement of Voting Booths
3-11-13-31.6. Voting Mark; Instructions
3-11-13-31.7. Voting Procedure; Standards to Define a Vote
3-11-13-32. Additional Instruction to Voter After Entering Voting Booth
3-11-13-32.5. Occupation of Voting Booth; Time Limits; Refusal to Leave
3-11-13-32.8. Disclosure of Vote by Voter Before Its Registration; Effect
3-11-13-35. Defaced or Defective Ballot Cards
3-11-13-36. Securing Marking Devices on Closing of Polls
3-11-13-37. Confirmation of Count
3-11-13-38. Petition for Confirmation of Vote Cast
3-11-13-40. Certification of Results of Audit
3-11-13-42. Municipal Election Use of Ballot Card Voting System
3-11-13-43. Municipal Elections Where Ballot Card Voting System Supplied; Supplies; Expenses