Sec. 7.5. (a) This section applies to a marking device used in a voting system that:
(1) contains features of both a ballot card voting system and an electronic voting system; and
(2) produces a ballot card with the voter's choices as selected by the voter and marked on the card by the device.
(b) The interface of the marking device used with an optical scan voting system must include all of the following:
(1) The information required by IC 3-11-14-3.5.
(2) The instructions required by IC 3-11-2-8.
(3) The information and instructions required by IC 3-11-2-10.
(c) A marking device must comply with the same disability access standards as an electronic voting system under IC 3-11-15-13.6.
(d) Notwithstanding any other provision of this title, a ballot card used with a marking device must have either preprinted or printed by the marking device the following:
(1) When the marking device is used for absentee voting under IC 3-11-10-26, the circuit court clerk's signature and seal required by IC 3-11-10-27.
(2) When the marking device is used by a voter to cast a provisional ballot, the circuit court clerk's signature and seal required by IC 3-11.7-1-7.
(3) A line or box for each poll clerk's initial as required by section 19 of this chapter.
(4) When the marking device is used during a primary election, the name of the political party whose primary the voter is participating in or the word "nonpartisan" if the voter is voting a ballot that contains only a public question certified by the county election board under IC 3-10-9.
(e) If the voting system produces a ballot card, the ballot card must contain a summary ballot scan of the voter's ballot that includes all of the following:
(1) The name or designation of each office on the voter's ballot.
(2) The name of the candidate and the candidate's political party selected by the voter.
(3) If the voter selects a straight party ticket, the name of the political party ticket the voter selected.
(4) A description of the text of any public question or judicial retention question on the voter's ballot that the county election board determines reasonably conveys the content of the public question or judicial retention question and the response the voter selected for each question.
The ballot card may contain additional information described in subsection (b).
(f) Notwithstanding any other provision of this chapter, a ballot card used with the marking device may be a different dimension or size than other ballot cards:
(1) approved by the county election board for use in an election; and
(2) that are not designed to be marked by the marking device.
(g) A voter verifiable paper audit trail is not a marking device.
As added by P.L.109-2021, SEC.44.
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