Sec. 4. (a) The commission shall:
(1) require the vendor to have tests conducted concerning the compliance of an electronic voting system with HAVA and the standards set forth in this chapter and IC 3-11-15; and
(2) have the results of the tests evaluated by the person designated under IC 3-11-16;
before determining whether to approve the application for certification of an electronic voting system.
(b) The tests required under this section must be performed by an independent laboratory accredited under 52 U.S.C. 20971. However, if the commission determines that it is impossible or impractical to have an independent laboratory conduct tests on an electronic voting system, the commission may direct that the tests be conducted by any other entity approved by the commission. The vendor shall pay any testing expenses under this section.
(c) If the commission finds that an electronic voting system complies with this article, the commission may approve the system. The approved system then may be adopted for use at an election.
(d) An electronic voting system may not be marketed, sold, leased, installed, or implemented in Indiana before the application for certification of the system is approved by the commission.
(e) An approval of an electronic voting system under this chapter expires on the date specified by section 28(a) of this chapter.
As added by P.L.3-1987, SEC.250. Amended by P.L.4-1991, SEC.80; P.L.2-1996, SEC.175; P.L.176-1999, SEC.74; P.L.221-2005, SEC.58; P.L.128-2015, SEC.172; P.L.21-2016, SEC.13.
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