Introduced Version
SENATE BILL No. 357
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-5-2; IC 3-6; IC 3-8-4-8; IC 3-10; IC 3-11;
IC 3-11.5; IC 3-12; IC 3-14; IC 35-51-3-1.
Synopsis: Electronic voting systems. Eliminates the use of electronic
voting systems after December 31, 2015.
Effective: July 1, 2013.
Delph
January 8, 2013, read first time and referred to Committee on Elections.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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additions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2012 Regular Session of the General Assembly.
SENATE BILL No. 357
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-5-2-3; (13)IN0357.1.1. -->
SECTION 1. IC 3-5-2-3, AS AMENDED BY P.L.221-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. "Ballot" means:
(1) the paper ballot prepared, printed, and supplied for use at an
election;
(2) before January 1, 2016, the ballot label prepared, printed,
and supplied for use on the front of an electronic voting system;
or
(3) the ballot card prepared, printed, and supplied for use in a
ballot card voting system.
SOURCE: IC 3-5-2-5; (13)IN0357.1.2. -->
SECTION 2. IC 3-5-2-5, AS AMENDED BY P.L.221-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. "Ballot label" means:
(1) before January 1, 2016, the printed strip or sheet of
cardboard or paper, supplied for use on an electronic voting
system, that contains the names of the candidates and the public
questions on the ballot; or
(2) the material, supplied for use with a ballot card voting system,
that contains those names and questions.
SOURCE: IC 3-5-2-21; (13)IN0357.1.3. -->
SECTION 3. IC 3-5-2-21 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 21. (a) "Electronic voting system"
means a system in which:
(1) voters record their votes by activating touch-sensitive marking
devices; and
(2) votes are counted by automatic tabulating machines.
(b) This section expires January 1, 2016.
SOURCE: IC 3-5-2-31; (13)IN0357.1.4. -->
SECTION 4. IC 3-5-2-31, AS AMENDED BY P.L.221-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 31. "Marking device" means:
(1) a pencil for marking a paper ballot or ballot card; or
(2) before January 1, 2016, an approved touch-sensitive device
that automatically registers a vote on an electronic voting system.
SOURCE: IC 3-5-2-52; (13)IN0357.1.5. -->
SECTION 5. IC 3-5-2-52, AS AMENDED BY P.L.221-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 52. "Voting method" means the use of:
(1) paper ballots;
(2) ballot card voting systems;
(3) before January 1, 2016, electronic voting systems; or
(4) any combination of these;
to register votes in a precinct.
SOURCE: IC 3-6-6-34; (13)IN0357.1.6. -->
SECTION 6. IC 3-6-6-34, AS AMENDED BY P.L.221-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 34. (a) In a precinct where the voting is by any
voting method except entirely by paper ballot, the poll clerks of the
precinct shall perform all the duties connected with voting by ballot
card voting system or, before January 1, 2016, electronic voting
system, and the assistant poll clerks shall perform all the duties
connected with voting by paper ballot. It is necessary for only the two
(2) assistant poll clerks to place their initials on the back of the paper
ballots.
(b) The poll clerks shall tally the vote cast by paper ballot, and they
alone shall sign the election certificates and returns. However, the
precinct election board may call upon the assistant poll clerks to assist
the poll clerks in any of their duties.
SOURCE: IC 3-6-8-4; (13)IN0357.1.7. -->
SECTION 7. IC 3-6-8-4, AS AMENDED BY P.L.221-2005,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. A watcher appointed under this chapter is
entitled to:
(1) enter the polls at least thirty (30) minutes before the opening
of the polls and remain there throughout election day until all
tabulations have been completed;
(2) inspect the paper ballot boxes, ballot card voting system, or,
before January 1, 2016, electronic voting system before votes
have been cast;
(3) inspect the work being done by any precinct election officer;
(4) enter, leave, and reenter the polls at any time on election day;
(5) witness the calling and recording of the votes and any other
proceedings of the precinct election officers in the performance
of official duties;
(6) receive a summary of the vote prepared under IC 3-12-2-15,
IC 3-12-3-2, IC 3-12-3-11, or, before January 1, 2016,
IC 3-12-3.5-3, signed by the precinct election board, providing:
(A) the names of all candidates of the political party whose
primary election is being observed by the watcher and the
number of votes cast for each candidate;
(B) the names of all candidates at a general, municipal, or
special election and the number of votes cast for each
candidate; or
(C) the vote cast for or against a public question;
(7) accompany the inspector and judge in delivering the
tabulation and election returns to the county election board by the
most direct route;
(8) be present when the inspector takes a receipt for the tabulation
and election returns delivered to the county election board; and
(9) call upon the election sheriffs to make arrests.
SOURCE: IC 3-6-9-13; (13)IN0357.1.8. -->
SECTION 8. IC 3-6-9-13, AS AMENDED BY P.L.221-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 13. A watcher appointed under this chapter is
entitled to do the following:
(1) Enter the polls at least thirty (30) minutes before the opening
of the polls and remain there throughout election day until all
tabulations have been completed.
(2) Inspect the paper ballot boxes, ballot card voting system, or,
before January 1, 2016, electronic voting system before votes
have been cast.
(3) Inspect the work being done by any precinct election officer.
(4) Enter, leave, and reenter the polls at any time on election day.
(5) Witness the calling and recording of the votes and any other
proceedings of the precinct election officers in the performance
of official duties.
(6) Receive a summary of the vote prepared under IC 3-12-2-15,
IC 3-12-3-2, IC 3-12-3-11, or, before January 1, 2016,
IC 3-12-3.5-3, signed by the precinct election board, providing:
(A) the names of all candidates of the political party whose
primary election is being observed by the watcher and the
number of votes cast for each candidate if the watcher is
appointed under section 1(a)(1) of this chapter; or
(B) the names of all candidates at a school board election and
the number of votes cast for each candidate if the watcher is
appointed under section 1(a)(2) of this chapter.
(7) Accompany the inspector and the judge in delivering the
tabulation and the election returns to the county election board by
the most direct route.
(8) Be present when the inspector takes a receipt for the
tabulation and the election returns delivered to the county election
board.
(9) Call upon the election sheriffs to make arrests.
SOURCE: IC 3-6-10-5.5; (13)IN0357.1.9. -->
SECTION 9. IC 3-6-10-5.5, AS AMENDED BY P.L.221-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5.5. A watcher appointed under this chapter is
entitled to do the following:
(1) Enter the polls at least thirty (30) minutes before the opening
of the polls and remain there throughout election day until all
tabulations have been completed.
(2) Inspect the paper ballot boxes, ballot card voting system, or,
before January 1, 2016, electronic voting system before votes
have been cast.
(3) Inspect the work being done by any precinct election officer.
(4) Enter, leave, and reenter the polls at any time on election day.
(5) Witness the calling and recording of the votes and any other
proceedings of the precinct election officers in the performance
of official duties.
(6) Receive a summary of the vote prepared under IC 3-12-2-15,
IC 3-12-3-2, IC 3-12-3-11, or, before January 1, 2016,
IC 3-12-3.5-3, signed by the precinct election board, providing the
names of all candidates and the number of votes cast for each
candidate and the votes cast for or against a public question.
(7) Accompany the inspector and the judge in delivering the
tabulation and the election returns to the county election board by
the most direct route.
(8) Be present when the inspector takes a receipt for the
tabulation and the election returns delivered to the county election
board.
SOURCE: IC 3-8-4-8; (13)IN0357.1.10. -->
SECTION 10. IC 3-8-4-8, AS AMENDED BY P.L.221-2005,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 8. Candidates shall be nominated or elected at a
state convention by using ballot card systems or, before January 1,
2016, electronic voting systems. However, if there is no contest for an
office, the nomination or election may be by motion and acclamation.
SOURCE: IC 3-10-1-12; (13)IN0357.1.11. -->
SECTION 11. IC 3-10-1-12, AS AMENDED BY P.L.230-2005,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 12. (a) In those precincts where ballot card voting
systems are to be used, each county election board shall prepare and
distribute separate primary ballots for each political party participating
in a primary election at least equal in number to one hundred percent
(100%) of the number of votes cast for the candidate of the party who
received the greatest number of votes cast in the precinct at the last
general election.
(b) This subsection applies before January 1, 2016. In those
precincts where electronic voting systems are to be used, the board
shall determine the number of ballots required to be printed and
furnished to the precincts for emergency purposes only.
SOURCE: IC 3-10-1-18; (13)IN0357.1.12. -->
SECTION 12. IC 3-10-1-18, AS AMENDED BY P.L.221-2005,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 18. (a) Except as provided by subsection (b), the
names of all candidates for each office who have qualified under IC 3-8
shall be arranged in alphabetical order by surnames under the
designation of the office.
(b) This subsection applies to a county having a population of more
than four hundred thousand (400,000) but less than seven hundred
thousand (700,000). The names of all candidates for each office who
have qualified under IC 3-8, except for a school board office, precinct
committeeman, or state convention delegate, shall be arranged in
random order by surnames under the designation of the office. The
random order shall be determined using a lottery. The lottery held in
accordance with this subsection shall be conducted in public by the
county election board. The lottery shall be held not later than fifteen
(15) days following the last day for a declaration of candidacy under
IC 3-8-2-4. All candidates whose names are to be arranged by way of
the lottery shall be notified at least five (5) days prior to the lottery of
the time and place at which the lottery is to be held. Each candidate
may have one (1) designated watcher, and each county political party
may have one (1) designated watcher who shall be allowed to observe
the lottery procedure.
(c) For paper ballots, the left margin of the ballot for each political
party must show the name of the uppermost candidate printed to the
right of the number 1, the next candidate number 2, the next candidate
number 3, and so on, consecutively to the end of the ballot as
prescribed in section 19 of this chapter. The same order shall be
followed for the printing of ballot labels and their placement on the
electronic voting system and for the printing of ballot cards. Before
January 1, 2016, the same order shall be followed for the printing
of ballot labels and their placement on the electronic voting system.
(d) This subsection applies to a county having a population of more
than four hundred thousand (400,000) but less than seven hundred
thousand (700,000). If there is insufficient room on a row to list each
candidate of a political party, a second or subsequent row may be
utilized. However, a second or subsequent row may not be utilized
unless the first row, and all preceding rows, have been filled.
SOURCE: IC 3-10-1-19; (13)IN0357.1.13. -->
SECTION 13. IC 3-10-1-19, AS AMENDED BY P.L.6-2012,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 19. (a) The ballot for a primary election shall be
printed in substantially the following form for all the offices for which
candidates have qualified under IC 3-8:
OFFICIAL PRIMARY BALLOT
_________________ Party
For paper ballots, print: To vote for a person, make a voting mark
(X or .) on or in the box before the person's name in the proper
column. For optical scan ballots, print: To vote for a person, darken or
shade in the circle, oval, or square (or draw a line to connect the arrow)
that precedes the person's name in the proper column. For optical scan
ballots that do not contain a candidate's name, print: To vote for a
person, darken or shade in the oval that precedes the number assigned
to the person's name in the proper column.
Before January 1, 2016,
for electronic voting systems, print: To vote for a person, touch the
screen (or press the button) in the location indicated.
Vote for one (1) only
Representative in Congress
[] (1) AB __________
[] (2) CD __________
[] (3) EF __________
[] (4) GH __________
(b) Local public questions shall be placed on the primary election
ballot after the voting instructions described in subsection (a) and
before the offices described in subsection (e).
(c) The local public questions described in subsection (b) shall be
placed:
(1) in a separate column on the ballot if voting is by paper ballot;
(2) after the voting instructions described in subsection (a) and
before the offices described in subsection (e), in the form
specified in IC 3-11-13-11 if voting is by ballot card; or
(3)
before January 1, 2016, as provided by either of the
following if voting is by an electronic voting system:
(A) On a separate screen for a public question.
(B) After the voting instructions described in subsection (a)
and before the offices described in subsection (e), in the form
specified in IC 3-11-14-3.5
(before its expiration on January
1, 2016).
(d) A public question shall be placed on the primary election ballot
in the following form:
(The explanatory text for the public question,
if required by law.)
"Shall (insert public question)?"
[] YES
[] NO
(e) The offices with candidates for nomination shall be placed on
the primary election ballot in the following order:
(1) Federal and state offices:
(A) President of the United States.
(B) United States Senator.
(C) Governor.
(D) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified
under IC 33, with each division separate if there is more than
one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified
under IC 33, with each division separate if there is more than
one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Prosecuting attorney.
(E) Circuit court clerk.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in
IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(f) The political party offices with candidates for election shall be
placed on the primary election ballot in the following order after the
offices described in subsection (e):
(1) Precinct committeeman.
(2) State convention delegate.
(g) The local offices to be elected at the primary election shall be
placed on the primary election ballot after the offices described in
subsection (f).
(h) The offices described in subsection (g) shall be placed:
(1) in a separate column on the ballot if voting is by paper ballot;
(2) after the offices described in subsection (f) in the form
specified in IC 3-11-13-11 if voting is by ballot card; or
(3)
before January 1, 2016, either:
(A) on a separate screen for each office or public question; or
(B) after the offices described in subsection (f) in the form
specified in IC 3-11-14-3.5
(before its expiration on January
1, 2016);
if voting is by an electronic voting system.
SOURCE: IC 3-10-1-19.7; (13)IN0357.1.14. -->
SECTION 14. IC 3-10-1-19.7, AS AMENDED BY P.L.58-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 19.7. The ballot for a primary election is not
required to contain the information set forth under IC 3-11-2-10,
IC 3-11-13-11, or IC 3-11-14-3.5 (before its expiration on January
1, 2016) concerning:
(1) write-in voting; or
(2) independent candidates or independent tickets (described in
IC 3-11-2-6);
except when an office for which write-in candidates or independent
candidates or independent tickets (described in IC 3-11-2-6) are
permitted is elected at the same time as the primary election.
SOURCE: IC 3-10-1-23; (13)IN0357.1.15. -->
SECTION 15. IC 3-10-1-23, AS AMENDED BY P.L.221-2005,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 23. In a primary election in a county having a city,
ballot card voting systems and, before January 1, 2016, electronic
voting systems, shall be employed as available and adaptable and shall
be supplemented by paper ballots as necessary. However, this section
does not require the purchase of ballot card voting systems or, before
January 1, 2016, electronic voting systems, for a primary election.
SOURCE: IC 3-10-1-27; (13)IN0357.1.16. -->
SECTION 16. IC 3-10-1-27, AS AMENDED BY P.L.221-2005,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 27. This section applies before January 1, 2016.
If electronic voting systems are used in a precinct, one (1) of the poll
clerks shall give a printed political party identification card to a voter
after the voter signs the poll list. Before entering the voting booth, the
voter must give the party identification card to a judge, and the judge
shall set or have the electronic voting system set to allow the voter to
vote only for the candidates of the voter's party. After the system is set,
the voter may register a vote upon it within the time provided under
IC 3-11-14-26 (before its expiration on January 1, 2016).
SOURCE: IC 3-10-1-28; (13)IN0357.1.17. -->
SECTION 17. IC 3-10-1-28, AS AMENDED BY P.L.221-2005,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 28. This section applies before January 1, 2016.
After setting the electronic voting system, the judge shall immediately
deposit the political party identification card in a sealed container
provided for that purpose. After the polls have closed, all party
identification cards shall be counted and compared with the total
number of votes cast in the election. All party identification cards must
be of durable quality and the same color irrespective of the party that
is designated.
SOURCE: IC 3-10-4-1; (13)IN0357.1.18. -->
SECTION 18. IC 3-10-4-1, AS AMENDED BY P.L.1-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) The names of the candidates of:
(1) a political party;
(2) a group of petitioners under IC 3-8-6; or
(3) a write-in candidate for the office of President or Vice
President of the United States under IC 3-8-2-2.5;
for electors of President and Vice President of the United States may
not be placed on the ballot.
(b) The names of the nominees for President and Vice President of
the United States of each political party or group of petitioners shall be
placed:
(1) in one (1) column on the ballot if paper ballots are used;
(2) before January 1, 2016, either:
(A) grouped together on a separate screen; or
(B) grouped together below the names of the offices as
specified in IC 3-11-14-3.5 (before its expiration on January
1, 2016);
if an electronic voting system is used; or
(3) grouped together below the names of the offices as specified
in IC 3-11-13-11 if a ballot card is used.
(c) The ballot must permit a voter to cast a ballot for a write-in
candidate for the office of President or Vice President of the United
States in the manner provided under IC 3-11-2-6.
SOURCE: IC 3-10-4-2.2; (13)IN0357.1.19. -->
SECTION 19. IC 3-10-4-2.2, AS ADDED BY P.L.58-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2.2. (a) This section applies before January 1,
2016, when an electronic voting system is used.
(b) The names of the nominees for President and Vice President of
the United States for each political party or group of petitioners
grouped as described in section 1(b)(3) of this chapter must be:
(1) listed together so that a voter is aware that the voter votes for
both offices with a single vote; and
(2) behind or beside a single touch sensitive point or button place.
(c) The nominees for President and Vice President of the United
States must be grouped under the names of the offices in the order
established by IC 3-11-14-3.5 (before its expiration on January 1,
2016).
SOURCE: IC 3-10-7-31; (13)IN0357.1.20. -->
SECTION 20. IC 3-10-7-31, AS AMENDED BY P.L.221-2005,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 31. Upon request of a town election board, the
county election board of each county in which the town is located shall
furnish any available equipment that is necessary for a municipal
election, including ballot card voting systems and,
before January 1,
2016, electronic voting systems. The town shall pay the expense of
moving the equipment to and from the polls and for any loss of or
damage to the equipment.
SOURCE: IC 3-11-1.5-12; (13)IN0357.1.21. -->
SECTION 21. IC 3-11-1.5-12, AS AMENDED BY P.L.221-2005,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 12. If a county executive adopts the use of ballot
card voting systems or, before January 1, 2016, electronic voting
systems, in a county in which ballot card voting systems or electronic
voting systems have not been previously used, the county executive
may establish precincts after primary election day and before August
l by combining two (2) or more precincts into one (1) precinct.
SOURCE: IC 3-11-2-0.5; (13)IN0357.1.22. -->
SECTION 22. IC 3-11-2-0.5, AS AMENDED BY P.L.164-2006,
SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 0.5. (a) This chapter applies only to paper ballots.
(b) This chapter does not apply to
(1) an electronic voting system; or
(2) an optical scan voting system.
(c) This subsection applies before January 1, 2016. This chapter
does not apply to an electronic voting system.
SOURCE: IC 3-11-3-11; (13)IN0357.1.23. -->
SECTION 23. IC 3-11-3-11, AS AMENDED BY P.L.230-2005,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 11. The county election board shall deliver the
following to each inspector or the inspector's representative:
(1) The supplies provided for the inspector's precinct by the
election division.
(2) The local sample ballots, the ballot labels, if any, and all poll
lists, registration lists, and other supplies considered necessary to
conduct the election in the inspector's precinct.
(3) The local ballots printed under the direction of the county
election board as follows:
(A) In those precincts where ballot card voting systems are to
be used, the number of ballots at least equal to one hundred
percent (100%) of the number of voters in the inspector's
precinct, according to the poll list.
(B)
This clause applies before January 1, 2016. In those
precincts where electronic voting systems are to be used, the
number of ballots that will be required to be printed and
furnished to the precincts for emergency purposes only.
(C) Provisional ballots in the number considered necessary by
the county election board.
(4) Twenty (20) ink pens suitable for printing the names of
write-in candidates on the ballot or ballot envelope.
(5) Copies of the voter's bill of rights for posting as required by 42
U.S.C. 15482.
(6) Copies of the instructions for a provisional voter required by
42 U.S.C. 15482. The county election board shall provide at least
the number of copies of the instructions as the number of
provisional ballots provided under subdivision (3).
SOURCE: IC 3-11-3-35; (13)IN0357.1.24. -->
SECTION 24. IC 3-11-3-35, AS AMENDED BY P.L.221-2005,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 35. (a) This section applies before January 1,
2016, to a county having a population of more than four hundred
thousand (400,000), but less than seven hundred thousand (700,000).
(b) In each precinct where voting is by electronic voting system, the
county election board shall provide the following to be used if an
electronic voting system malfunctions:
(1) The following number of paper ballots:
(A) Not less than ten (10) if the number of registered voters in
the precinct is not more than three hundred (300).
(B) Not less than twenty-five (25) if the number of registered
voters in the precinct is more than three hundred (300).
(2) The necessary supplies and equipment as required by
IC 3-11-11.
(c) Upon notice that an electronic voting system is out of order or
fails to work, the precinct election board shall make the paper ballots
provided under subsection (b) available to voters. The precinct election
board shall contact the county election board to obtain additional
ballots.
(d) Upon notice that an electronic voting system is out of order or
fails to work, the county election board shall deliver additional
necessary supplies to any precinct in the county, including additional
paper ballots.
SOURCE: IC 3-11-6-1; (13)IN0357.1.25. -->
SECTION 25. IC 3-11-6-1, AS AMENDED BY P.L.221-2005,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. The legislative body of a county may establish
a cumulative fund under IC 6-1.1-41 to provide funds for the purchase
of ballot card voting systems or, before January 1, 2016, electronic
voting systems.
SOURCE: IC 3-11-7.5-29; (13)IN0357.1.26. -->
SECTION 26. IC 3-11-7.5-29 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 29. This chapter expires January
1, 2016.
SOURCE: IC 3-11-8-7; (13)IN0357.1.27. -->
SECTION 27. IC 3-11-8-7, AS AMENDED BY P.L.221-2005,
SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7. In preparing the polls for an election, the county
executive shall:
(1) have placed within the room a railing separating the part of the
room to be occupied by the precinct election board from that part
of the room to be occupied by:
(A) the ballot card voting systems;
(B) before January 1, 2016, the electronic voting systems;
and
(C) the three (3) or more booths or compartments for marking
paper ballots;
whenever either or two (2) one (1) or more of these voting
systems are is used;
(2) ensure that the portion of the room set apart for the precinct
election board includes a door at which each voter appears for
challenge; and
(3) provide a method or material for designating the boundaries
of the chute, such as a railing, rope, or wire on each side,
beginning a distance equal to the length of the chute (as defined
in IC 3-5-2-10) away from and leading to the door for challenge
and to the room in which the election is held.
SOURCE: IC 3-11-9-2; (13)IN0357.1.28. -->
SECTION 28. IC 3-11-9-2, AS AMENDED BY P.L.221-2005,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. (a) A voter who:
(1) is a voter with disabilities; or
(2) is unable to read or write English;
may request assistance in voting before entering the voting booth and
designate a person (other than the voter's employer, an officer of the
voter's union, or an agent of the voter's employer or union) to assist the
voter in voting at an election, as required by 42 U.S.C. 1973aa-6.
(b) This subsection does not apply to a person designated by a voter
described by subsection (a) who is voting absentee before two (2)
members of the absentee voter board. The person designated must
execute a sworn affidavit on a form provided by the precinct election
board stating that, to the best of the designated person's knowledge, the
voter:
(1) is a voter with disabilities or is unable to read or write English;
and
(2) has requested the designated person to assist the voter in
voting under this section.
(c) The person designated may then accompany the voter into the
voting booth and assist the voter in marking the voter's paper ballot or
ballot card, or, before January 1, 2016, in registering the voter's vote
on the electronic voting system.
SOURCE: IC 3-11-9-3; (13)IN0357.1.29. -->
SECTION 29. IC 3-11-9-3, AS AMENDED BY P.L.221-2005,
SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. (a) The following individuals shall assist a
voter described by section 2 of this chapter who requests assistance in
voting before entering the voting booth but does not wish to designate
a person under that section.
(1) The two (2) judges if the voter is voting at a precinct.
(2) Two (2) members of the absentee voter board if the voter is
voting absentee.
(b) This subsection does not apply to a person designated by a voter
described by subsection (a) who is voting absentee before two (2)
members of the absentee voter board. The individuals described in
subsection (a) shall execute a sworn affidavit on a form provided by the
precinct election board stating that, to the best of the individuals'
knowledge, the voter:
(1) is a voter with disabilities or is unable to read or write English;
(2) has requested assistance in voting; and
(3) does not wish to designate a person to assist the voter in
voting under section 2 of this chapter.
(c) The two (2) individuals described in subsection (a) shall then
accompany the voter into the voting booth to assist the voter in marking
the voter's paper ballot or ballot card, or, before January 1, 2016, in
registering the voter's vote on the electronic voting system.
SOURCE: IC 3-11-9-6; (13)IN0357.1.30. -->
SECTION 30. IC 3-11-9-6, AS ADDED BY P.L.66-2010,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6. (a) This section applies only to a voter with a
disability.
(b) This section does not apply to an absentee ballot cast by a voter
before an absentee voter board visiting the voter's place of confinement
or the voter's residence.
(c) A voter is entitled to vote on a direct record electronic voting
system that complies with IC 3-11-8.
(d) This section expires January 1, 2016.
SOURCE: IC 3-11-10-12; (13)IN0357.1.31. -->
SECTION 31. IC 3-11-10-12, AS AMENDED BY P.L.66-2010,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 12. (a) Except as provided in section 12.5 of this
chapter (before its expiration on January 1, 2016), each county
election board shall have all absentee ballots delivered to the precinct
election boards at their respective polls on election day.
(b) The absentee ballots shall be delivered during the hours that the
polls are open and in sufficient time to enable the precinct election
boards to vote the ballots during the time the polls are open.
(c) Along with the absentee ballots delivered to the precinct election
boards under subsection (a), each county election board shall provide
a list certified by the circuit court clerk. This list must state the name
of each voter subject to IC 3-7-33-4.5 who:
(1) filed the documentation required by IC 3-7-33-4.5 with the
county voter registration office after the printing of the certified
list under IC 3-7-29 or the poll list under IC 3-11-3; and
(2) as a result, is entitled to have the voter's absentee ballot
counted if the ballot otherwise complies with this title.
(d) If the county election board is notified not later than 3 p.m. on
election day by the county voter registration office that a voter subject
to IC 3-7-33-4.5 and not identified in the list certified under subsection
(c) has filed documentation with the office that complies with
IC 3-7-33-4.5, the county election board shall transmit a supplemental
certified list to the appropriate precinct election board. If the board
determines that the supplemental list may not be received before the
closing of the polls, the board shall:
(1) attempt to contact the precinct election board to inform the
board regarding the content of the supplemental list; and
(2) file a copy of the supplemental list for that precinct as part of
the permanent records of the board.
SOURCE: IC 3-11-10-12.5; (13)IN0357.1.32. -->
SECTION 32. IC 3-11-10-12.5, AS ADDED BY P.L.66-2010,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 12.5. (a) This section applies to absentee ballots
cast:
(1) under section 26 or 26.3 of this chapter; and
(2) on a direct record electronic voting system.
(b) Notwithstanding section 12 of this chapter, a county election
board is not required to deliver absentee ballots described in subsection
(a) to the precincts for counting. However, the county election board
shall deliver to each precinct a list of the names of voters who have cast
absentee ballots described in subsection (a). The county election board
shall deliver this list at the same time the county election board delivers
other absentee ballots to the precinct. Absentee ballots described in
subsection (a) may be challenged using the same procedure that applies
to other absentee ballots. The judges shall mark the poll list to indicate
that each voter on the list sent by the county election board has voted
by absentee ballot. If a voter has already voted at the precinct or if the
absentee ballot is challenged, the judges shall note that fact on the list
sent by the county election board and return the list to the county
election board with the precinct's other election materials. The county
election board shall delete the absentee votes of a voter described in
subsection (a) whose name has been noted by the judges as having
voted at the precinct. The county election board shall count the
absentee ballots described in subsection (a) using the procedures in
IC 3-11.5 for counting absentee ballots at a central location, including
the procedures for challenging absentee ballots and eliminating the
absentee ballots of individuals voting in person at the polls, to assure
that the ballots cast on the direct record electronic voting system may
be counted.
(c) A county election board acting under this section:
(1) may count all absentee ballots described in subsection (a) at
a central location; and
(2) shall adjust the vote totals for each precinct based on the count
of absentee ballots under subdivision (1).
(d) This section does not require a county election board to count
absentee ballots not described in subsection (a) at a central location
under this section or IC 3-11.5.
(e) This section expires January 1, 2016.
SOURCE: IC 3-11-10-26.2; (13)IN0357.1.33. -->
SECTION 33. IC 3-11-10-26.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 26.2. (a) A:
(1) county election board; or
(2) board of elections and registration;
of a county subject to IC 3-11.5 may adopt a resolution to authorize the
circuit court clerk to use an electronic voting system for voting by
absentee ballot in the office of the circuit court clerk or board of
elections and registration.
(b) A resolution adopted under this section must be adopted by the
unanimous vote of the board's entire membership.
(c) A resolution adopted under this section must provide procedures
to do the following:
(1) Secure absentee votes cast on an electronic voting system that
provide protection comparable to the protection provided to
absentee votes cast by paper ballot.
(2) Compare the signature on an absentee ballot application with
the applicant's signature on the applicant's voter registration
application.
(3) Ensure that an invalid ballot (as determined under IC 3-11.5)
is not counted.
(d) A resolution adopted under this section may contain other
provisions the board considers useful.
(e) If a resolution is adopted under this section, the circuit court
clerk may use as many electronic voting machines for recording
absentee votes as the clerk considers necessary, subject to the
resolution adopted by the board.
(f) Notwithstanding any other law, an absentee ballot voted on an
electronic voting system under this section is not required to bear the
seal, signature, and initials prescribed by section 27 of this chapter.
(g) If a resolution is adopted under this section, the procedure for
casting an absentee ballot on an electronic voting system must, except
as provided in this section, be substantially the same as the procedure
for casting an absentee ballot in the office of the circuit court clerk
under section 26 of this chapter.
(h) This section expires January 1, 2016.
SOURCE: IC 3-11-14-35; (13)IN0357.1.34. -->
SECTION 34. IC 3-11-14-35 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 35. This chapter expires January
1, 2016.
SOURCE: IC 3-11-14.5-11; (13)IN0357.1.35. -->
SECTION 35. IC 3-11-14.5-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 11. This chapter expires January
1, 2016.
SOURCE: IC 3-11-15-1; (13)IN0357.1.36. -->
SECTION 36. IC 3-11-15-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. Except as otherwise
provided, this chapter applies to any election in Indiana where voting
is by means of a ballot card or, before January 1, 2016, electronic
voting system.
SOURCE: IC 3-11-15-2; (13)IN0357.1.37. -->
SECTION 37. IC 3-11-15-2, AS AMENDED BY P.L.221-2005,
SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. The performance and test standards and fees
under this chapter apply to:
(1) an optical scan voting system described in IC 3-11-7; or
(2) before January 1, 2016, an electronic voting system
described in IC 3-11-7 or IC 3-11-7.5.
SOURCE: IC 3-11-15-7; (13)IN0357.1.38. -->
SECTION 38. IC 3-11-15-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) Each application
must be in writing, sworn to or affirmed by the applicant, under the
penalties of perjury, on a form prescribed by the commission, and must
satisfy the following requirements:
(1) Provide the name and address of the vendor submitting the
application.
(2) Provide the telephone number of the vendor.
(3) Provide the name, address, and telephone number of the
individual representing the vendor regarding the application.
(4) Provide the model name and number of the submitted voting
system, stating the hardware, firmware, and software version
numbers of the system.
(5) State whether the voting system is a direct record electronic
voting system or an optical scan ballot card voting system or,
before January 1, 2016, a direct record electronic voting
system.
(6) Provide a description of the voting system and its capabilities,
including the following:
(A) Photographs.
(B) Engineering drawings.
(C) Technical documentation.
(D) Fail-safe and emergency backup information.
(E) Environmental requirements for storage, transportation,
and operation.
(7) Include an agreement to pay for the total costs of the
examination.
(8) Provide documentation of the escrow of the voting system's
software, firmware, source codes, and executable images with an
escrow agent approved by the election division.
(9) Provide a functional description of any software components.
(10) Provide schematics or flowcharts identifying software and
data file relationships.
(11) Describe the type of maintenance offered by the vendor.
(12) Provide the names, addresses, and telephone numbers of the
vendor's maintenance providers.
(13) Provide a description of the training courses offered by the
vendor for the voting system.
(14) Provide user manuals, operator and system manuals, and
problem solving manuals.
(15) Provide a statement of the current and future
interchangeability of all subcomponents of the voting system.
(16) Provide documentation from all independent testing
authorities that have examined the system.
(17) Provide documentation from all election jurisdictions that
have previously approved the system.
(18) Pay the application fee required under section 4 of this
chapter.
(b) If an application does not include any of the applicable
requirements listed in subsection (a), those requirements must be filed
with the election division before the application may be considered by
the commission.
SOURCE: IC 3-11-15-13.3; (13)IN0357.1.39. -->
SECTION 39. IC 3-11-15-13.3, AS AMENDED BY P.L.120-2009,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 13.3. (a) To be approved by the commission for
use in Indiana, a voting system must meet:
(1) the Voting System Standards adopted by the Federal Election
Commission on April 30, 2002; or
(2) the Voluntary Voting System Guidelines adopted by the
United States Election Assistance Commission on December 13,
2005.
(b) A county may continue to use an optical scan ballot card voting
system or, before January 1, 2016, an electronic voting system, whose
approval or certification expired on or before October 1, 2009, if the
voting system:
(1) was:
(A) approved by the commission for use in elections in Indiana
before October 1, 2009; and
(B) purchased by the county before October 1, 2009; 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) As provided by 42 U.S.C. 15481, 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.
(d) As provided by 42 U.S.C. 15481, an election board conducting
an election satisfies the requirements of subsection (c) if the election
board provides at least one (1):
(1) electronic voting system (before January 1, 2016); or
(2) other voting system;
equipped for individuals with disabilities at each polling place.
(e) 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 (d), 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.
SOURCE: IC 3-11-15-16; (13)IN0357.1.40. -->
SECTION 40. IC 3-11-15-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 16.
(a) Each electronic
voting system or vote recording and data processing device shall
contain hardware and software provisions for verifying:
(1) its proper preparation for an election; and
(2) that both the hardware and the software are functioning
correctly.
(b) This section expires January 1, 2016.
SOURCE: IC 3-11-15-17; (13)IN0357.1.41. -->
SECTION 41. IC 3-11-15-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 17. (a) The tests and
diagnostic procedures described in section 16 of this chapter:
(1) may be carried out manually or automatically; and
(2) must allow for operator intervention to validate the proper
execution of individually selected equipment functions.
(b) This section expires January 1, 2016.
SOURCE: IC 3-11-15-22; (13)IN0357.1.42. -->
SECTION 42. IC 3-11-15-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 22. (a) Ballot card
voting systems must rely on the retention of ballots as a redundant
means of verifying or auditing election results.
(b) This subsection applies before January 1, 2016. As a means
of assuring accuracy in electronic voting systems, the unit must
incorporate multiple memories in the machine itself and in its
programmable memory devices.
SOURCE: IC 3-11-15-23; (13)IN0357.1.43. -->
SECTION 43. IC 3-11-15-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 23. (a) To attain a
measure of integrity over the process, the electronic voting systems
must also maintain an image of each ballot that is cast, such that
records of individual ballots are maintained by a subsystem
independent and distinct from the main vote detection, interpretation,
processing, and reporting path. The electronic images of each ballot
must protect the integrity of the data and the anonymity of each voter,
for example, by means of storage location scrambling. The ballot image
records may be either machine-readable or manually transcribed, or
both, at the discretion of the vendor.
(b) This section expires January 1, 2016.
SOURCE: IC 3-11-15-24; (13)IN0357.1.44. -->
SECTION 44. IC 3-11-15-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 24. Ballot card voting
systems and, before January 1, 2016, electronic voting systems, must
include built-in test, measurement, and diagnostic software, and
hardware for detecting and reporting the system's status and degree of
operability.
SOURCE: IC 3-11-15-37; (13)IN0357.1.45. -->
SECTION 45. IC 3-11-15-37 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 37.
(a) Ballot card
voting systems must rely on the retention of ballots as a redundant
means of verifying election results.
(b) This subsection applies before January 1, 2016. As a means
of assuring accuracy in electronic voting systems, the unit must
incorporate multiple memories in the machine itself and in the unit's
programmable memory devices. To attain a measure of integrity over
the process, an electronic voting system must also maintain images of
each ballot that is cast so that records of individual ballots are
maintained by a subsystem independent and distinct from the main vote
detection, diagnostic, processing, and reporting path.
SOURCE: IC 3-11-15-39; (13)IN0357.1.46. -->
SECTION 46. IC 3-11-15-39 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 39. (a) The electronic
voting system firmware instructions must contain necessary logical
instructions to determine correct recording of each and every candidate
or public question selection made by the voter to the appropriate
memory registers and tables. In the case of a partially voted ballot,
deliberate undervoting by a voter must be permitted. This undervoting
must be validated by machine determination that particular candidate
or public question selections have not been made. In cases where a
selected candidate or vote on a public question is not recording
correctly upon casting of the ballot, the electronic voting system
equipment must generate an error signal and automatically stop
operation of the machine until the problem is resolved.
(b) This section expires January 1, 2016.
SOURCE: IC 3-11-15-44; (13)IN0357.1.47. -->
SECTION 47. IC 3-11-15-44 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 44. In-process audit
records consist of data documenting precinct and central count system
operation during diagnostic routines and the casting and tallying of
ballots. At a minimum, the in-process audit records for all systems
must contain the following items, except as otherwise noted:
(1) Machine generated error and exception messages to ensure
that successful recovery has been accomplished. Examples
include the following:
(A) The source and disposition of system interrupts resulting
in entry into exception handling routines.
(B) All messages generated by exception handlers.
(C) The identification code and number of occurrences for
each hardware and software error or failure.
(D) Notification of system log-in or access errors, file access
errors, and physical violations of security as they occur, and a
summary record of these events after processing.
(E) For ballot card voting systems, an event log of any
ballot-related exceptions, such as the following:
(i) Quantity of ballots that are not processable.
(ii) Quantity of ballots requiring special handling.
(iii) In a central count environment, quantity identification
number of aborted precincts.
(F) Other exceptional events such as power failures, failure of
critical hardware components, data transmission errors, or
other types of operating anomalies.
(2) Critical system status messages other than informational
messages displayed by the system during the course of normal
operations. These items include the following:
(A) Diagnostic and status messages upon startup.
(B) The "zero totals" check conducted before opening the
polling place or counting a precinct centrally.
(C) For ballot card voting systems, the initiation or termination
of card reader and communications equipment operations.
(D) This clause applies before January 1, 2016. For
electronic voting system machines, the event (and time, if
available) of enabling/casting each ballot that is each voter's
transaction as an event. This data can be compared with the
public counter for reconciliation purposes.
(3) Status messages that are generated by the machine's data
quality monitor or by software and hardware condition monitors.
For example, a cumulative or summary record of data
read-write-verify, parity, or check-sum errors and retries is
required. The intent is to gauge the accuracy of the ballot data and
adequacy of the system in monitoring and detecting system
processing errors.
(4) System generated log of all normal process activity and system
events that require operator intervention so that each operator
access can be monitored and access sequence can be constructed.
SOURCE: IC 3-11-17-6; (13)IN0357.1.48. -->
SECTION 48. IC 3-11-17-6, AS AMENDED BY P.L.120-2009,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6. (a) The voting system technical oversight
program account is established with the state general fund to provide
money for administering and enforcing IC 3-11-7, IC 3-11-7.5
(before
January 1, 2016), IC 3-11-15, IC 3-11-16, and this chapter.
(b) The election division shall administer the account. With the
approval of the budget agency, funds in the account are available to
augment and supplement the funds appropriated to the election division
for the purposes described in this section.
(c) The expenses of administering the account shall be paid from the
money in the account.
(d) The account consists of the following:
(1) All civil penalties collected under this chapter.
(2) Fees collected under IC 3-11-15-4.
(3) Contributions to the account made in accordance with a
settlement agreement executed with a voting system vendor.
(e) Money in the account at the end of a state fiscal year does not
revert to the state general fund
SOURCE: IC 3-11.5-1-4; (13)IN0357.1.49. -->
SECTION 49. IC 3-11.5-1-4, AS AMENDED BY P.L.225-2011,
SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. To the extent that they are in conflict with this
article, the following statutes do not apply to a county that has adopted
a resolution described by section 1 of this chapter:
(1) IC 3-11-4-22.
(2) IC 3-11-10-1.5.
(3) IC 3-11-10-3.
(4) IC 3-11-10-5.
(5) IC 3-11-10-6.
(6) IC 3-11-10-7.
(7) IC 3-11-10-8.
(8) IC 3-11-10-9.
(9) IC 3-11-10-11.
(10) IC 3-11-10-12.
(11) IC 3-11-10-12.5 (before its expiration on January 1, 2016).
(12) IC 3-11-10-13.
(13) IC 3-11-10-14.
(14) IC 3-11-10-15.
(15) IC 3-11-10-16.
(16) IC 3-11-10-17.
(17) IC 3-11-10-18.
(18) IC 3-11-10-20.
(19) IC 3-11-10-21.
(20) IC 3-11-10-22.
(21) IC 3-11-10-23.
(22) IC 3-11-10-31.
(23) IC 3-11-10-32.
(24) IC 3-11-10-34.
(25) IC 3-11-10-35.
(26) IC 3-11-10-36.
(27) IC 3-11-10-37.
(28) IC 3-12-2.
(29) IC 3-12-3-12.
SOURCE: IC 3-11.5-4-24; (13)IN0357.1.50. -->
SECTION 50. IC 3-11.5-4-24, AS AMENDED BY P.L.221-2005,
SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 24. (a) In addition to the preparations described
in IC 3-11-11-2, IC 3-11-13-27, or IC 3-11-14-16 (before its
expiration on January 1, 2016), the inspector shall:
(1) mark the poll list; and
(2) attach the certificates of voters who have registered and voted
under IC 3-7-36-14 to the poll list;
in the presence of the poll clerks to indicate the voters of the precinct
whose absentee ballots have been received by the county election board
according to the certificate supplied under section 1 of this chapter.
(b) The poll clerks shall sign the statement printed on the certificate
supplied under section 1 of this chapter indicating that the inspector:
(1) marked the poll list; and
(2) attached the certificates described in subsection (a)(2);
under this section in the presence of both poll clerks.
(c) The inspector shall retain custody of the certificate supplied
under section 1 of this chapter until the certificate is returned under
section 9 of this chapter.
SOURCE: IC 3-12-1-1.2; (13)IN0357.1.51. -->
SECTION 51. IC 3-12-1-1.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1.2. (a) This chapter is
enacted to comply with 42 U.S.C. 15481 by establishing uniform and
nondiscriminatory standards to define what will be counted as a vote
on a paper ballot, optical scan voting system, or, before January 1,
2016, electronic voting system.
(b) The standards in this chapter apply to counting votes on every
voting system, except where specific standards applicable only:
(1) to a type of voting system are provided under IC 3-12-2,
IC 3-12-3, or, before January 1, 2016, IC 3-12-3.5; and
(2) in a recount or contest proceeding are provided under
IC 3-12-6, IC 3-12-8, IC 3-12-11, or IC 3-12-12.
SOURCE: IC 3-12-3.5-8; (13)IN0357.1.52. -->
SECTION 52. IC 3-12-3.5-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 8. This chapter expires January 1, 2016.
SOURCE: IC 3-12-4-5.5; (13)IN0357.1.53. -->
SECTION 53. IC 3-12-4-5.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5.5. This chapter is
enacted to comply with 42 U.S.C. 15481 by establishing uniform and
nondiscriminatory standards to define what will be counted as a vote
on a paper ballot, an optical scan voting system, or, before January 1,
2016, an electronic voting system, by a county election board.
SOURCE: IC 3-12-4-15; (13)IN0357.1.54. -->
SECTION 54. IC 3-12-4-15, AS AMENDED BY P.L.221-2005,
SECTION 104, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 15. A county election board may
not reject the certificates, poll lists, or tally papers returned from a
precinct election board:
(1) for lack of form or for not being strictly in accordance with the
directions contained in this title if the certificates can be
satisfactorily understood; or
(2) if the returns are certified by the precinct election board as
required by IC 3-12-2-6, IC 3-12-3-2, and IC 3-12-3.5-6 (before
its expiration on January 1, 2016) and returned by the inspector
or one (1) of the judges of the board.
SOURCE: IC 3-12-4-18; (13)IN0357.1.55. -->
SECTION 55. IC 3-12-4-18, AS AMENDED BY P.L.221-2005,
SECTION 105, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 18. (a) If electronic voting systems
are used in a precinct, the county election board may request
authorization from the state recount commission to inspect the
registering counter or other recording device on any electronic voting
system showing the number of votes cast for any candidate or public
question. If authorized by the state recount commission, the board may
conduct an inspection either before it proceeds to count and tabulate
the vote or within one (1) day after the count and tabulation are
finished.
(b) This section expires January 1, 2016.
SOURCE: IC 3-12-4-19; (13)IN0357.1.56. -->
SECTION 56. IC 3-12-4-19, AS AMENDED BY P.L.221-2005,
SECTION 106, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 19. (a) To inspect an electronic
voting system under section 18 of this chapter, the county election
board may proceed to any place in the county where the system is
located, kept, or stored. However, the board shall make the inspection
in the presence of an accredited representative of each of the major
political parties of the county.
(b) This section expires January 1, 2016.
SOURCE: IC 3-12-4-20; (13)IN0357.1.57. -->
SECTION 57. IC 3-12-4-20, AS AMENDED BY P.L.221-2005,
SECTION 107, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 20. (a) When making an inspection
under section 18 of this chapter, a county election board shall compare
the number of votes registered on the counter or other recording device
on the electronic voting systems with the returns made by the precinct
election board of the precinct in which the electronic voting system was
used.
(b) This section expires January 1, 2016.
SOURCE: IC 3-12-4-21; (13)IN0357.1.58. -->
SECTION 58. IC 3-12-4-21, AS AMENDED BY P.L.221-2005,
SECTION 108, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 21.
(a) If there is a discrepancy
between the number of votes registered on an electronic voting system
and the returns made by the precinct election board, the county election
board shall correct the returns made by the precinct election board so
that the returns conform to the vote registered on the electronic voting
system. The corrected returns shall be considered the true and correct
returns of the number of votes cast for each candidate or on each public
question in the precinct.
(b) This section expires January 1, 2016.
SOURCE: IC 3-12-4-22; (13)IN0357.1.59. -->
SECTION 59. IC 3-12-4-22, AS AMENDED BY P.L.221-2005,
SECTION 109, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 22. (a) If a nomination or election
is contested or a recount is conducted, the returns of each precinct
election board, as corrected by the county election board under section
21 of this chapter, constitute prima facie evidence of the vote cast for
each candidate and on each public question to the same extent as the
tabulation and return of the vote in a precinct where electronic voting
systems are not used.
(b) This section expires January 1, 2016.
SOURCE: IC 3-12-6-1.2; (13)IN0357.1.60. -->
SECTION 60. IC 3-12-6-1.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1.2. This chapter is
enacted to comply with 42 U.S.C. 15481 by establishing uniform and
nondiscriminatory standards to define what will be counted as a vote
on a paper ballot, an optical scan voting system, or, before January 1,
2016, an electronic voting system, in a recount conducted under this
chapter.
SOURCE: IC 3-12-6-16; (13)IN0357.1.61. -->
SECTION 61. IC 3-12-6-16, AS AMENDED BY P.L.221-2005,
SECTION 115, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 16. (a) A recount commission
consists of three (3) persons.
(b) Two (2) members of the commission must be voters who:
(1) are members of different major political parties of the state;
and
(2) were qualified to vote at the election in a county in which the
election district for the office is located.
(c) This subsection applies to a recount commission conducting a
recount of an election in which only paper ballots were used. The third
member of the commission must be a person who:
(1) is a member of a major political party of the state; and
(2) was qualified to vote at the election in a county in which the
election district for the office is located.
(d) This subsection applies to a recount of an election in which a
voting method other than only paper ballots was used. The third
member of the commission must be a competent mechanic who is
familiar with the ballot card voting systems or,
before January 1,
2016, electronic voting systems used in that election. The mechanic is
not required to be qualified to vote at the election in a county in which
the election district for the office is located.
SOURCE: IC 3-12-6-19; (13)IN0357.1.62. -->
SECTION 62. IC 3-12-6-19, AS AMENDED BY P.L.221-2005,
SECTION 116, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 19. (a) A court ordering a recount
under this chapter shall by order impound and provide for the
protection of the following:
(1) All ballots and, before January 1, 2016, all electronic voting
systems, used at the election for casting votes in the precincts.
(2) All tally sheets relating to the votes cast for nomination or
election to the office.
(3) All poll lists of persons registered by the poll clerks as having
voted for nomination or election to the office.
(b) An order issued by the state recount commission under
IC 3-12-10 supersedes an order issued by a court under this section to
the extent that the orders conflict. The state recount commission shall
assist a court acting under this section to the extent that the ability of
the state recount commission to preserve the integrity of election
records or equipment is not hindered.
(c) An impoundment order issued under subsection (a) may not
prevent a circuit court clerk or board of registration from copying
election material other than ballots if the clerk or board copies the
material under the supervision of a person designated by the court.
SOURCE: IC 3-12-6-20; (13)IN0357.1.63. -->
SECTION 63. IC 3-12-6-20, AS AMENDED BY P.L.221-2005,
SECTION 117, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 20. A court acting under section 19
of this chapter shall make the ballots, electronic voting systems, tally
sheets, and poll lists, and, before January 1, 2016, electronic voting
systems, available to the recount commission appointed under this
chapter.
SOURCE: IC 3-12-8-2; (13)IN0357.1.64. -->
SECTION 64. IC 3-12-8-2, AS AMENDED BY P.L.221-2005,
SECTION 118, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 2. An election may be contested
under section 1 of this chapter if a petitioner alleges that one (1) of the
following circumstances existed:
(1) The contestee was ineligible.
(2) A mistake occurred in the printing or distribution of ballots
used in the election that makes it impossible to determine which
candidate received the highest number of votes.
(3) A mistake occurred in the programming of an electronic
voting system, making it impossible to determine the candidate
who received the highest number of votes. This subdivision
applies before January 1, 2016.
(4) An electronic voting system malfunctioned, making it
impossible to determine the candidate who received the highest
number of votes. This subdivision applies before January 1,
2016.
(5) A deliberate act or series of actions occurred, making it
impossible to determine the candidate who received the highest
number of votes cast in the election.
SOURCE: IC 3-12-8-2.5; (13)IN0357.1.65. -->
SECTION 65. IC 3-12-8-2.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2.5. (a) This section
does not apply to a contest concerning whether a contestee was
ineligible as alleged under section 2(1) of this chapter.
(b) This chapter is enacted to comply with 42 U.S.C. 15481 by
establishing uniform and nondiscriminatory standards to define what
will be counted as a vote on a paper ballot, an optical scan voting
system, or, before January 1, 2016, an electronic voting system, in a
contest conducted under this chapter.
SOURCE: IC 3-12-8-6; (13)IN0357.1.66. -->
SECTION 66. IC 3-12-8-6, AS AMENDED BY P.L.221-2005,
SECTION 120, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 6. (a) A petition filed under section
5 of this chapter must state the following:
(1) That the petitioner desires to contest the nomination or
election to an office.
(2) The name of each candidate as set forth on the ballot for the
election and address of each candidate as set forth in the records
of the county election board or election division.
(3) That the petitioner in good faith believes that one (1) or more
of the following occurred:
(A) The person declared nominated or elected does not comply
with a specific constitutional or statutory requirement set forth
in the petition that is applicable to a candidate for the office.
(B) A mistake was made in the printing or distribution of
ballots used in the election that makes it impossible to
determine which candidate received the highest number of
votes cast in the election.
(C) A mistake occurred in the programming of an electronic
voting system, making it impossible to determine the
candidate who received the highest number of votes. This
clause applies before January 1, 2016.
(D) An electronic voting system malfunctioned, making it
impossible to determine the candidate who received the
highest number of votes. This clause applies before January
1, 2016.
(E) A deliberate act or series of actions occurred, making it
impossible to determine the candidate who received the
highest number of votes cast in the election.
(b) A petition stating that the petitioner believes that it is impossible
to determine the candidate that received the highest number of votes
for one (1) of the reasons described in subsection (a)(3)(B), (a)(3)(C),
or (a)(3)(D) must identify each precinct in which:
(1) ballots:
(A) containing the printing mistake; or
(B) distributed by mistake;
were cast;
(2) before January 1, 2016, a mistake occurred in the
programming of an electronic voting system; or
(3) before January 1, 2016, an electronic voting system
malfunctioned.
(c) A petition stating that the petitioner believes that an act or series
of actions described in subsection (a)(3)(E) occurred must identify each
precinct or other location in which the act or series of actions occurred
to the extent known to the petitioner.
SOURCE: IC 3-12-8-17; (13)IN0357.1.67. -->
SECTION 67. IC 3-12-8-17, AS AMENDED BY P.L.221-2005,
SECTION 121, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 17. (a) A contest shall be heard and
determined by the court without a jury subject to the Indiana Rules of
Trial Procedure.
(b) The court shall determine the issues raised by the petition and
answer to the petition.
(c) After hearing and determining a petition alleging that a
candidate is ineligible, the court shall declare as elected or nominated
the qualified candidate who received the highest number of votes and
render judgment accordingly.
(d) If the court finds that:
(1) a mistake in the printing or distribution of the ballots used in
the election;
(2) a mistake
that occurred before January 1, 2016, in the
programming of an electronic voting system;
(3) a malfunction of an electronic voting system
that occurred
before January 1, 2016; or
(4) the occurrence of a deliberate act or series of actions;
makes it impossible to determine which candidate received the highest
number of votes, the court shall order that a special election be
conducted under IC 3-10-8.
(e) The special election shall be conducted in the precincts
identified in the petition in which the court determines that:
(1) ballots containing the printing mistake or distributed by
mistake were cast;
(2) a mistake occurred before January 1, 2016, in the
programming of an electronic voting system;
(3) an electronic voting system malfunctioned before January 1,
2016; or
(4) the deliberate act or series of actions occurred.
SOURCE: IC 3-12-11-1.5; (13)IN0357.1.68. -->
SECTION 68. IC 3-12-11-1.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1.5. This chapter is
enacted to comply with 42 U.S.C. 15481 by establishing uniform and
nondiscriminatory standards to define what will be counted as a vote
on a paper ballot, an optical scan voting system, or, before January 1,
2016, an electronic voting system, in a recount conducted under this
chapter.
SOURCE: IC 3-12-11-3; (13)IN0357.1.69. -->
SECTION 69. IC 3-12-11-3, AS AMENDED BY P.L.221-2005,
SECTION 123, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 3. (a) Each petition for a recount
filed under section 2 of this chapter must state the following:
(1) The office for which the petitioner desires a recount.
(2) The precincts in which the petitioner desires a recount.
(3) That the individual is entitled to a recount under this chapter
and that the nomination or election to office at issue was voted
upon in the precincts specified.
(4) The name of the candidates as set forth on the ballot for the
election and address of the candidates as set forth in the records
of the election division.
(5) That the petitioner in good faith believes that the votes cast for
nomination or election to the office at the election in the precincts
were not correctly counted and returned.
(6) That the petitioner desires a recount of all of the votes cast for
nomination or election to the office in the precincts specified.
(b) Each petition for a contest filed under section 2 of this chapter
must state the following:
(1) The nomination or election to office that the petitioner
contests.
(2) That the individual is entitled to contest an election or a
nomination to office under this chapter.
(3) The name of the candidates as set forth on the ballot for the
election and address of each of the candidates as set forth in the
records of the election division.
(4) That the petitioner in good faith believes that one (1) or more
of the following occurred:
(A) The person declared nominated or elected does not comply
with a specific constitutional or statutory requirement set forth
in the petition that is applicable to a candidate for the office.
(B) A mistake was made in the printing or distribution of
ballots used in the election that makes it impossible to
determine which candidate received the highest number of
votes cast in the election.
(C) A mistake occurred in the programming of an electronic
voting system, making it impossible to determine the
candidate who received the highest number of votes. This
clause applies before January 1, 2016.
(D) An electronic voting system malfunctioned, making it
impossible to determine the candidate who received the
highest number of votes. This clause applies before January
1, 2016.
(E) A deliberate act or series of actions occurred, making it
impossible to determine the candidate who received the
highest number of votes cast in the election.
(c) A petition stating that the petitioner believes that a mistake
described in subsection (b)(4)(B), (b)(4)(C), or (b)(4)(D) has occurred
must identify each precinct in which:
(1) ballots:
(A) containing the printing mistake; or
(B) distributed by mistake;
were cast;
(2) a mistake occurred before January 1, 2016, in the
programming of an electronic voting system; or
(3) an electronic voting system malfunctioned before January 1,
2016.
(d) A petition stating that the petitioner believes that an act or series
of actions described in subsection (b)(4)(E) occurred must identify
each precinct or other location in which the act or series of actions
occurred to the extent known to the petitioner.
SOURCE: IC 3-12-11-16; (13)IN0357.1.70. -->
SECTION 70. IC 3-12-11-16, AS AMENDED BY P.L.221-2005,
SECTION 129, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 16. (a) Except as provided in
subsection (b), the state recount commission may by order impound
and provide for the protection of any election records or equipment
described by IC 3-12-10-5(a).
(b) In a recount of an election for a legislative office, the state
recount commission shall by order impound and provide for the
protection of the following:
(1) All ballots and, before January 1, 2016, electronic voting
systems, used at the election for casting votes in all of the
precincts within the legislative district.
(2) All tally sheets relating to the votes cast for the office.
(3) All poll lists of persons registered by the poll clerks as having
voted for the office.
SOURCE: IC 3-12-11-18; (13)IN0357.1.71. -->
SECTION 71. IC 3-12-11-18, AS AMENDED BY P.L.221-2005,
SECTION 130, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 18. (a) When a recount is
completed by the state recount commission or its designee, the
commission shall:
(1) make and sign a certificate showing the total number of votes
received in the precincts by each candidate for nomination or
election to the office;
(2) state in its certificate the candidate who received the highest
number of votes in the precincts for nomination or election to the
office and by what plurality; and
(3) file its certificate with the election division.
(b) When a contest proceeding in which a candidate is alleged to be
ineligible is completed by the state recount commission or its designee,
the commission shall make a final determination concerning the
eligibility of the candidate for nomination or election to the office.
(c) If the state recount commission or its designee determines that:
(1) a mistake was made in the printing or distribution of ballots
used in the election;
(2)
before January 1, 2016, a mistake was made in the
programming of an electronic voting system;
(3)
before January 1, 2016, an electronic voting system
malfunctioned; or
(4) a deliberate act or series of actions occurred;
that makes it impossible to determine which candidate received the
highest number of votes cast, the commission shall order that a special
election be conducted under IC 3-10-8.
(d) The special election ordered under subsection (c) shall be held
in the precincts identified in the petition in which the commission
determines that:
(1) ballots containing the printing mistake or distributed by
mistake were cast;
(2) a mistake occurred
before January 1, 2016, in the
programming of an electronic voting system;
(3) an electronic voting system malfunctioned
before January 1,
2016; or
(4) a deliberate act or series of actions occurred.
SOURCE: IC 3-12-11-25; (13)IN0357.1.72. -->
SECTION 72. IC 3-12-11-25, AS AMENDED BY P.L.225-2011,
SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 25. (a) Except as provided in subsection (b),
whenever the commission makes a final determination under section
18 of this chapter that the candidate who is subject to a contest
proceeding is not eligible to serve in the office to which the candidate
is nominated or elected, the candidate who received the second highest
number of votes for the office is entitled to a certificate of nomination
or certificate of election even though a certificate may have been issued
to another candidate upon the tabulation of the votes.
(b) This subsection applies to a contest proceeding for a state office
other than the offices of governor, lieutenant governor, justice of the
supreme court, judge of the court of appeals, and judge of the tax court.
Whenever the commission makes a final determination under section
18(b) of this chapter that the candidate who is subject to a contest
proceeding is not eligible to serve in the office to which the candidate
is elected the following apply:
(1) This subdivision does not apply to the filling of a state office
following a contest proceeding or court action that resulted from
an election held before January 1, 2011. The office is considered
vacant, and the governor shall fill the vacancy as provided in
IC 3-13-4-3(e) by the appointment of a person of the same
political party as the candidate who is not eligible to serve.
(2) The commission's determination that the candidate is not
eligible to serve in the office does not affect the votes cast for the
candidate for purposes of determining the number or percentage
of votes cast for purposes of other statutes, including IC 3-5-2-30,
IC 3-6-2-1, IC 3-6-4.1-6, IC 3-6-5.2-7, IC 3-6-6-8, IC 3-6-7-1,
IC 3-6-8-1, IC 3-8-4, IC 3-8-6, IC 3-10-1-2, IC 3-10-2-15,
IC 3-10-4-2, IC 3-10-6, IC 3-10-7-26, IC 3-11-2-6, IC 3-11-13-11,
IC 3-11-14-3.5 (before its expiration on January 1, 2016),
IC 3-13-9-4.5, IC 6-9-2-3, IC 20-23-7-12, and IC 36-4-1.5-2.
SOURCE: IC 3-12-12-1.5; (13)IN0357.1.73. -->
SECTION 73. IC 3-12-12-1.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1.5. This chapter is
enacted to comply with 42 U.S.C. 15481 by establishing uniform and
nondiscriminatory standards to define what will be counted as a vote
on a paper ballot, an optical scan voting system, or, before January 1,
2016, an electronic voting system, in a recount conducted under this
chapter.
SOURCE: IC 3-12-12-11; (13)IN0357.1.74. -->
SECTION 74. IC 3-12-12-11, AS AMENDED BY P.L.221-2005,
SECTION 131, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 11. (a) A recount commission
consists of three (3) persons.
(b) Two (2) members of the commission must be voters who:
(1) are members of different major political parties of the state;
and
(2) were qualified to vote at the election in a county in which the
election district that voted on the public question is located.
(c) This subsection applies to a recount commission conducting a
recount of an election in which only paper ballots were used. The third
member of the commission must be a person who:
(1) is a member of a major political party of the state; and
(2) was qualified to vote at the election in a county in which the
election district that voted on the public question is located.
(d) This subsection applies to a recount of an election in which a
voting method other than only paper ballots was used. The third
member of the commission must be a competent mechanic who is
familiar with the ballot card voting systems or, before January 1,
2016, electronic voting systems, used in that election. The mechanic is
not required to be qualified to vote at the election in a county in which
the election district that voted on the public question is located.
SOURCE: IC 3-12-12-14; (13)IN0357.1.75. -->
SECTION 75. IC 3-12-12-14, AS AMENDED BY P.L.221-2005,
SECTION 132, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 14. (a) A court ordering a recount
under this chapter shall by order impound and provide for the
protection of the following:
(1) All ballots and, before January 1, 2016, electronic voting
systems, used at the election for casting votes in the precincts.
(2) All tally sheets relating to the votes cast on the public
question.
(3) All poll lists of persons registered by the poll clerks as having
voted on the public question.
(b) An order issued by the state recount commission under
IC 3-12-10 supersedes an order issued by a court under this section to
the extent that the orders conflict. The state recount commission shall
assist a court acting under this section to the extent that the ability of
the state recount commission to preserve the integrity of election
records or equipment is not hindered.
(c) An impoundment order issued under subsection (a) may not
prevent a circuit court clerk or board of registration from copying
election material other than ballots if the clerk or board copies the
material under the supervision of a person designated by the court.
SOURCE: IC 3-12-12-16; (13)IN0357.1.76. -->
SECTION 76. IC 3-12-12-16, AS AMENDED BY P.L.221-2005,
SECTION 133, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 16. A court acting under section 14
of this chapter shall make the ballots, electronic voting systems, tally
sheets, and poll lists, and, before January 1, 2016, electronic voting
systems, available to the recount commission appointed under this
chapter.
SOURCE: IC 3-14-2-29; (13)IN0357.1.77. -->
SECTION 77. IC 3-14-2-29, AS AMENDED BY P.L.103-2005,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 29. (a) A person who knowingly inspects a voting
system under IC 3-12-4-18 without obtaining authorization from the
state recount commission to conduct the inspection commits a Class D
felony.
(b) This section expires January 1, 2016.
SOURCE: IC 3-14-3-5; (13)IN0357.1.78. -->
SECTION 78. IC 3-14-3-5, AS AMENDED BY P.L.221-2005,
SECTION 136, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 5. A precinct election officer who,
with the intent to cause or permit a ballot card voting system or, before
January 1, 2016, an electronic voting system, to fail to correctly
register all votes cast, tampers with or disarranges the system or any
part of it commits a Class D felony.
SOURCE: IC 3-14-3-6; (13)IN0357.1.79. -->
SECTION 79. IC 3-14-3-6, AS AMENDED BY P.L.221-2005,
SECTION 137, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 6. A precinct election officer who
permits a ballot card voting system or, before January 1, 2016, an
electronic voting system to be used for voting at an election, with
knowledge of the fact that the system is not in order or not perfectly set
and adjusted so that it will correctly register all votes cast, commits a
Class D felony.
SOURCE: IC 3-14-3-8; (13)IN0357.1.80. -->
SECTION 80. IC 3-14-3-8, AS AMENDED BY P.L.221-2005,
SECTION 138, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 8. A person other than a precinct
election officer who knowingly, before or during an election:
(1) damages, disarranges, or tampers with a ballot card system or,
before January 1, 2016, an electronic voting system; or
(2) before January 1, 2016, damages a ballot label placed or to
be placed on the electronic voting system; or
(3) damages any other appliance used in connection with the
ballot card voting system or, before January 1, 2016, the
electronic voting system;
commits a Class D felony.
SOURCE: IC 3-14-4-8; (13)IN0357.1.81. -->
SECTION 81. IC 3-14-4-8, AS AMENDED BY P.L.221-2005,
SECTION 139, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 8. A member of a precinct election
board, an absentee ballot counter appointed under IC 3-11.5-4-22, or
a provisional ballot counter appointed under IC 3-11.7-3 who
knowingly:
(1) opens or marks, by folding or otherwise, a ballot presented by
a voter, except as provided by law; or
(2) tries to find out how the voter voted before the ballot is:
(A) deposited in the ballot box; or
(B) cast on:
(i) a ballot card voting system; or
(ii) before January 1, 2016, an electronic voting system; or
(C) counted by the absentee ballot counter;
commits a Class D felony.
SOURCE: IC 3-14-4-10; (13)IN0357.1.82. -->
SECTION 82. IC 3-14-4-10, AS AMENDED BY P.L.221-2005,
SECTION 140, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 10. A person who knowingly
violates:
(1) IC 3-11.5-5;
(2) IC 3-11.5-6;
(3) IC 3-12-2-1;
(4) IC 3-12-3-14; or
(5) IC 3-12-3.5-7 (before its expiration on January 1, 2016);
by providing any other person with information concerning the number
of votes a candidate received for an office or cast to approve or reject
a public question on absentee ballots counted under IC 3-11.5-5,
IC 3-11.5-6, or IC 3-12 before the closing of the polls commits a Class
D felony.
SOURCE: IC 35-51-3-1; (13)IN0357.1.83. -->
SECTION 83. IC 35-51-3-1, AS ADDED BY P.L.70-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. The following statutes define crimes in IC 3:
IC 3-14-1-1 (Concerning elections).
IC 3-14-1-2 (Concerning elections).
IC 3-14-1-3 (Concerning elections).
IC 3-14-1-6 (Concerning elections).
IC 3-14-1-7 (Concerning elections).
IC 3-14-1-10 (Concerning elections).
IC 3-14-1-10.5 (Concerning elections).
IC 3-14-1-11 (Concerning elections).
IC 3-14-1-13 (Concerning elections).
IC 3-14-1-14 (Concerning elections).
IC 3-14-1-14.5 (Concerning elections).
IC 3-14-2-1 (Concerning voting).
IC 3-14-2-2 (Concerning voting).
IC 3-14-2-2.5 (Concerning voting).
IC 3-14-2-3 (Concerning voting).
IC 3-14-2-4 (Concerning voting).
IC 3-14-2-5 (Concerning voting).
IC 3-14-2-6 (Concerning voting).
IC 3-14-2-7 (Concerning voting).
IC 3-14-2-8 (Concerning voting).
IC 3-14-2-9 (Concerning voting).
IC 3-14-2-10 (Concerning voting).
IC 3-14-2-11 (Concerning voting).
IC 3-14-2-12 (Concerning voting).
IC 3-14-2-13 (Concerning voting).
IC 3-14-2-14 (Concerning voting).
IC 3-14-2-15 (Concerning voting).
IC 3-14-2-16 (Concerning voting).
IC 3-14-2-17 (Concerning voting).
IC 3-14-2-18 (Concerning voting).
IC 3-14-2-19 (Concerning voting).
IC 3-14-2-20 (Concerning voting).
IC 3-14-2-21 (Concerning voting).
IC 3-14-2-22 (Concerning voting).
IC 3-14-2-23 (Concerning voting).
IC 3-14-2-24 (Concerning voting).
IC 3-14-2-25 (Concerning voting).
IC 3-14-2-26 (Concerning voting).
IC 3-14-2-27 (Concerning voting).
IC 3-14-2-28 (Concerning voting).
IC 3-14-2-29 (Concerning voting)
(expires January 1, 2016).
IC 3-14-2-30 (Concerning voting).
IC 3-14-3-1.1 (Concerning voting).
IC 3-14-3-2 (Concerning voting).
IC 3-14-3-3 (Concerning voting).
IC 3-14-3-4 (Concerning voting).
IC 3-14-3-5 (Concerning voting).
IC 3-14-3-6 (Concerning voting).
IC 3-14-3-7 (Concerning voting).
IC 3-14-3-8 (Concerning voting).
IC 3-14-3-9 (Concerning voting).
IC 3-14-3-10 (Concerning voting).
IC 3-14-3-11 (Concerning voting).
IC 3-14-3-12 (Concerning voting).
IC 3-14-3-13 (Concerning voting).
IC 3-14-3-14 (Concerning voting).
IC 3-14-3-15 (Concerning voting).
IC 3-14-3-16 (Concerning voting).
IC 3-14-3-17 (Concerning voting).
IC 3-14-3-18 (Concerning voting).
IC 3-14-3-19 (Concerning voting).
IC 3-14-3-20 (Concerning voting).
IC 3-14-3-20.5 (Concerning voting).
IC 3-14-3-21 (Concerning voting).
IC 3-14-3-21.5 (Concerning voting).
IC 3-14-4-1 (Concerning elections).
IC 3-14-4-2 (Concerning elections).
IC 3-14-4-3 (Concerning elections).
IC 3-14-4-3.5 (Concerning elections).
IC 3-14-4-4 (Concerning elections).
IC 3-14-4-6 (Concerning elections).
IC 3-14-4-7 (Concerning elections).
IC 3-14-4-8 (Concerning elections).
IC 3-14-4-9 (Concerning elections).
IC 3-14-4-10 (Concerning elections).
IC 3-14-6-1.1 (Concerning elections).
IC 3-14-6-2 (Concerning elections).