Sec. 46. (a) The county election board is responsible for defining the specific access policies applying to voting systems and electronic poll books in each election and for specifying when any variations from these policies are permitted.
(b) The county election board may adopt a resolution to establish a security protocol to secure the voting systems and electronic poll books used in each election conducted in the county. The security protocol must include an audit trail to detect unauthorized access to the voting systems and electronic poll books. A resolution adopted under this subsection must be adopted by the unanimous vote of the board's entire membership. If the board adopts a resolution under this subsection, the requirements of subsections (c) through (g) do not apply to the county when a copy of the resolution is filed with the election division. A resolution adopted under this subsection is confidential. The person or entity conducting the voting system technical oversight program and the election division shall be available to advise the county election board in the development of a security protocol under this subsection.
(c) The county election board shall place a uniquely numbered seal on each voting system and electronic poll book used in an election to secure the voting system and electronic poll book and permit post-election auditing. The form of the seal and information contained on the seal shall be prescribed by the election division and must make it impossible to access the sealed part of the unit without detection.
(d) The county election board shall place the seal described in subsection (c) on the voting system or electronic poll book immediately upon completion of the canvass of votes cast in an election in which the voting system or electronic poll book was made available for use at a precinct or vote center.
(e) The seal must remain in place except when the county election board orders unsealing of the voting system or electronic poll book in one (1) of the following cases when the board finds unsealing to be necessary:
(1) To conduct maintenance on the voting system or electronic poll book.
(2) To prepare the voting system or electronic poll book for use in the next election to be conducted by the county in which the voting system or electronic poll book will be made available.
(3) To install certified voting system hardware, firmware, or software on a voting system or certified upgrades on an electronic poll book.
(4) To conduct a public test of the voting system or electronic poll book required by state law.
(5) To conduct an audit authorized or required by this title.
(6) For the county election board to correct an error under IC 3-12-5-14.
(7) When ordered during a recount or contest proceeding under IC 3-12.
(f) The county election board shall reseal the voting system or electronic poll book immediately after the completion of the maintenance, installation, audit, correction, recount proceeding, or contest proceeding. When the county election board orders the unsealing of the voting system or electronic poll book to prepare for the use of the equipment in an election, the voting system or electronic poll book may remain unsealed until the canvassing is completed under subsection (d).
(g) The county election board shall document when each voting system or electronic poll book is sealed or unsealed under this section, identifying:
(1) the serial number of each voting system or electronic poll book that is sealed or unsealed;
(2) the date on which the sealing or unsealing occurred; and
(3) the individual who performed the sealing or unsealing.
As added by P.L.3-1997, SEC.332. Amended by P.L.100-2018, SEC.9; P.L.71-2019, SEC.24.
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