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.
Structure Indiana Code
Article 11. Voting Methods, Supplies, and Equipment
Chapter 7.5. Approval of Electronic Voting Systems
3-11-7.5-1. Necessity for Approval
3-11-7.5-2. Submission of Application for Approval
3-11-7.5-3. Compliance With Statutes Required for Approval
3-11-7.5-7. Voting System Must Meet Specifications
3-11-7.5-9. Potential for Voting for Any Candidate or on Any Public Question
3-11-7.5-11. Multiple Vote Prevention Feature
3-11-7.5-12. Single Party Primary Voting Potential
3-11-7.5-13. Accuracy in Registering and Counting Votes
3-11-7.5-14. Security Against Unauthorized Voting
3-11-7.5-15. Voter Counting Device
3-11-7.5-16. Votes Cast Counting Device; Security Against Voting Upon Removal of Device
3-11-7.5-17. Prevention of Voting Outside Polling Hours
3-11-7.5-18. System Identification Number
3-11-7.5-21. Adoption and Procurement of System
3-11-7.5-22. Requirement of Written Guarantee to Keep Electronic Voting System in Working Order
3-11-7.5-23. Phase in of System
3-11-7.5-25. Experimental Use of System
3-11-7.5-27. Filing Contracts, Leases, or Purchase Orders With Election Division