Sec. 13.3. (a) To be approved by the commission for use in Indiana, a voting system must meet one (1) of the following:
(1) The Voting System Standards adopted by the Federal Election Commission on April 30, 2002.
(2) The Voluntary Voting System Guidelines adopted by the United States Election Assistance Commission on December 13, 2005.
(3) The Voluntary Voting System Guidelines adopted by the United States Election Assistance Commission, as amended on March 31, 2015.
(b) Except as provided in subsection (c), a county may continue to use an optical scan ballot card voting system or an electronic voting system whose approval or certification expired on or before October 1, 2021, if the voting system:
(1) was:
(A) approved by the commission for use in elections in Indiana before October 1, 2021; and
(B) purchased or leased by the county before October 1, 2021; and
(2) otherwise complies with the applicable provisions of HAVA and this article.
However, a voting system vendor may not market, sell, lease, or install a voting system described in this subsection.
(c) A county may not continue to use an electronic voting system after July 1, 2024, unless the:
(1) system includes a voter verifiable paper audit trail; and
(2) certification of that system by the commission has not expired.
(d) As provided by 52 U.S.C. 21081, to be used in an election in Indiana, a voting system must be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters.
(e) As provided by 52 U.S.C. 21081, an election board conducting an election satisfies the requirements of subsection (d) if the election board provides at least one (1) electronic voting system or other voting system equipped for individuals with disabilities at each polling place.
(f) If a voter who is otherwise qualified to cast a ballot in a precinct chooses to cast the voter's ballot on the voting system provided under subsection (e), the voter must be allowed to cast the voter's ballot on that voting system, whether or not the voter is an individual with disabilities.
As added by P.L.209-2003, SEC.164. Amended by P.L.221-2005, SEC.94; P.L.164-2006, SEC.118; P.L.120-2009, SEC.10; P.L.219-2013, SEC.51; P.L.128-2015, SEC.195; P.L.21-2016, SEC.21; P.L.71-2019, SEC.22; P.L.193-2021, SEC.59; P.L.115-2022, SEC.10.
Structure Indiana Code
Article 11. Voting Methods, Supplies, and Equipment
3-11-15-1. Applicability of Chapter
3-11-15-2. Applicability of Performance and Test Standards and Fees
3-11-15-3. Vendors; Application to Examine Voting System
3-11-15-4. Application for Certification; Fee; Disposition of Fee
3-11-15-5. Vendors; Reimbursement to Election Division for Cost of Examination
3-11-15-6. Approval of System Dependent on Payment of Fees and Expenses
3-11-15-7. Applications; Contents
3-11-15-8. Applications; Length of Validity
3-11-15-9. Prompt Response to Inquiries by Applicant Required
3-11-15-12. Applications; Form
3-11-15-13.1. Voting System Display of Candidate Name; Optional Display of Candidate Designations
3-11-15-13.4. Voting System and Voters With Disabilities
3-11-15-13.6. Compliance With Standards for Disability Access
3-11-15-13.7. Requirements of Voting Systems to Indicate Overvotes
3-11-15-13.8. Electronic Adjudication of Ballot Features
3-11-15-13.9. Validation of Testing Method
3-11-15-14. Ballot Counting Devices and Equipment; Verification
3-11-15-15. Ballot Counting Devices and Equipment; Tests and Diagnostic Procedures
3-11-15-16. Electronic Voting System; Verification
3-11-15-17. Electronic Voting System; Tests and Diagnostic Procedures
3-11-15-20. Voting System; Accuracy
3-11-15-21. Voting System; Software
3-11-15-22. Ballot Card Voting System; Verification and Accuracy
3-11-15-23. Electronic Voting System; Preservation of Electronic Images of Ballots
3-11-15-24. Voting System; Status and Degree of Operability
3-11-15-25. Voting System; Recording and Reporting Capabilities
3-11-15-26. Ballot Counting Software
3-11-15-33. Real-Time Monitoring of System Status and Data Quality
3-11-15-34. Quality Assessment
3-11-15-36. Errors in Operations; Corrections
3-11-15-37. Retention of Ballots for Verification of Election Results
3-11-15-38. Stored Images of Ballots
3-11-15-39. Firmware Instructions; Undervoting Permitted
3-11-15-40. Reconciliation of Sum of Selections and Undervotes
3-11-15-42. Status Messages; Display
3-11-15-43. Audit Record; Ability of Voter to Change Vote Before Ballot Cast
3-11-15-44. In-Process Audit Records; Contents
3-11-15-45. General Features and Capabilities of Access Policy; Disclosure; Background Checks
3-11-15-47. Access Control Policy; Limitations on Access
3-11-15-48. Access Control Policy; Requirements
3-11-15-54. Software or Source Code Changes
3-11-15-60. Sale, Lease, or Transfer of Voting System Certified for Indiana Use; Restrictions