Ind. Code ch. 3-11-15

Ind. Code ch. 3-11-15
in effect

Ind. Code § 3-11-15-1 Applicability of chapter

Sec. 1. Except as otherwise provided, this chapter applies to any election in Indiana where voting is by means of a ballot card or electronic voting system. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-2 Applicability of performance and test standards and fees

Sec. 2. The performance and test standards and fees under this chapter apply to an optical scan voting system or an electronic voting system described in IC 3-11-7 or IC 3-11-7.5. As added by P.L.3-1997, SEC.332. Amended by P.L.221-2005, SEC.92.

Ind. Code § 3-11-15-3 Vendors; application to examine voting system

Sec. 3. A vendor may apply to the election division to examine a voting system and report on its accuracy, efficiency, and capacity. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-4 Application for certification; fee; disposition of fee

Sec. 4. (a) This section does not apply to an application for a de minimis change. (b) Each application for certification of a voting system shall be accompanied by a fee of five thousand dollars ($5,000). All fees collected under this section shall be deposited with the treasurer of state in the voting system technical oversight program account established by IC 3-11-17-6. As added by P.L.3-1997, SEC.332. Amended by P.L.120-2009, SEC.9; P.L.71-2019, SEC.20; P.L.227-2023, SEC.108.

Ind. Code § 3-11-15-5 Vendors; reimbursement to election division for cost of examination

Sec. 5. Each vendor shall reimburse the election division an amount equal to the total cost of examining the system. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-6 Approval of system dependent on payment of fees and expenses

Sec. 6. The commission shall not approve any system until the fee and the expenses incurred by the election division (or the person designated under IC 3-11-16) in making the examination are paid by the person making the application. As added by P.L.3-1997, SEC.332. Amended by P.L.221-2005, SEC.93.

Ind. Code § 3-11-15-7 Applications; contents

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 election division, 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. (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 information concerning batteries used in the voting system, including the following: (A) A list of all batteries to be used in the voting system and any peripherals. (B) The expected life span of each battery. (C) A log documenting when each battery was installed or subsequently replaced. (D) A schedule for the replacement of each battery not later than thirty (30) days before the end of the expected life span of each battery. (E) Plans to test batteries before each election. (F) Plans for the emergency replacement of batteries that fail on election day or during the thirty (30) days before election day. (13) Provide the names, addresses, and telephone numbers of the vendor's maintenance providers. (14) Provide a description of the training courses offered by the vendor for the voting system. (15) Provide user manuals, operator and system manuals, and problem solving manuals. (16) Provide a statement of the current and future interchangeability of all subcomponents of the voting system. (17) Provide documentation from all independent testing authorities that have examined the system. (18) Provide documentation from all election jurisdictions that have previously approved the system. (19) State that the vendor has complied with, and will continue to comply with, section 45(b) of this chapter following certification of the system. (20) 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. As added by P.L.3-1997, SEC.332. Amended by P.L.14-2004, SEC.133; P.L.169-2015, SEC.132; P.L.71-2019, SEC.21; P.L.135-2020, SEC.6.

Ind. Code § 3-11-15-8 Applications; length of validity

Sec. 8. An application under this chapter is valid for one (1) year after the date that the application is filed with the election division and for any additional time that the commission considers necessary to act upon the application. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-9 Prompt response to inquiries by applicant required

Sec. 9. An applicant must vigorously and continuously seek approval of an application by promptly responding to inquiries from the commission and the election division. The commission may, following a hearing under IC 4-21.5, dismiss an application if the commission determines that the applicant has not complied with this requirement. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-10 Repealed

As added by P.L.3-1997, SEC.332. Amended by P.L.14-2004, SEC.134. Repealed by P.L.221-2005, SEC.144.

Ind. Code § 3-11-15-12 Applications; form

Sec. 12. Each application under this chapter must be in writing on a form prescribed by the election division and must comply with the requirements of this chapter. As added by P.L.3-1997, SEC.332. Amended by P.L.169-2015, SEC.133.

Ind. Code § 3-11-15-13 Repealed

As added by P.L.3-1997, SEC.332. Amended by P.L.126-2002, SEC.74; P.L.116-2003, SEC.10; P.L.209-2003, SEC.163; P.L.97-2004, SEC.9. Repealed by P.L.164-2006, SEC.143.

Ind. Code § 3-11-15-13.1 Voting system display of candidate name; optional display of candidate designations

Sec. 13.1. (a) If a voting system has the capability, the voting system must display on the medium used by the voter to cast the voter's ballot the name of each candidate. (b) A county election board or a board of elections and registration may require a voting system to display on the medium used by the voter to cast the voter's ballot a ballot number or other candidate designation uniquely associated with the candidate. As added by P.L.66-2003, SEC.43. Amended by P.L.190-2011, SEC.12; P.L.170-2019, SEC.13.

Ind. Code § 3-11-15-13.3 Federal voting system standards; use of voting system with expired certification; systems required to have voter verifiable paper audit trail

Sec. 13.3. (a) To be approved by the commission for use in Indiana, a voting system must meet one (1) of the following: (1) The Voting System Standards adopted by the Federal Election Commission on April 30, 2002. (2) The Voluntary Voting System Guidelines adopted by the United States Election Assistance Commission on December 13, 2005. (3) The Voluntary Voting System Guidelines adopted by the United States Election Assistance Commission on February 10, 2021. (b) Except as provided in subsection (c), a county may continue to use an optical scan ballot card voting system or an electronic voting system whose approval or certification expired on or before October 1, 2025, if the voting system: (1) was: (A) approved by the commission for use in elections in Indiana before October 1, 2025; and (B) purchased or leased by the county before October 1, 2025; and (2) otherwise complies with the applicable provisions of HAVA and this article. However, a voting system vendor may not market, sell, lease, or install a voting system described in this subsection. (c) A county may not continue to use an electronic voting system unless the: (1) system includes a voter verifiable paper audit trail; and (2) certification of that system by the commission has not expired. (d) As provided by 52 U.S.C. 21081, to be used in an election in Indiana, a voting system must be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters. (e) As provided by 52 U.S.C. 21081, an election board conducting an election satisfies the requirements of subsection (d) if the election board provides at least one (1) electronic voting system or other voting system equipped for individuals with disabilities at each polling place. (f) If a voter who is otherwise qualified to cast a ballot in a precinct chooses to cast the voter's ballot on the voting system provided under subsection (e), the voter must be allowed to cast the voter's ballot on that voting system, whether or not the voter is an individual with disabilities. As added by P.L.209-2003, SEC.164. Amended by P.L.221-2005, SEC.94; P.L.164-2006, SEC.118; P.L.120-2009, SEC.10; P.L.219-2013, SEC.51; P.L.128-2015, SEC.195; P.L.21-2016, SEC.21; P.L.71-2019, SEC.22; P.L.193-2021, SEC.59; P.L.115-2022, SEC.10; P.L.212-2025, SEC.8.

Ind. Code § 3-11-15-13.4 Voting system and voters with disabilities

Sec. 13.4. (a) This section does not apply to the purchase, lease, or lease-purchase of additional or replacement components of a voting system in use in a county before January 1, 2005. (b) The commission shall determine whether a voting system provides a practical and effective means for voters with disabilities to cast ballots in private. (c) If the commission determines that any voting system meets the criteria described in subsection (b), a county may not purchase, lease, or lease-purchase any other voting system that does not meet the criteria described in subsection (b). As added by P.L.97-2004, SEC.10.

Ind. Code § 3-11-15-13.5 Repealed

As added by P.L.126-2002, SEC.75 and P.L.209-2003, SEC.165. Repealed by P.L.97-2004, SEC.133.

Ind. Code § 3-11-15-13.6 Compliance with standards for disability access

Sec. 13.6. (a) This section applies only to a voting system purchased with funds made available under Title II of HAVA (52 U.S.C. 20921 through 52 U.S.C. 21072) after December 31, 2006. (b) As required by 42 U.S.C. 15481, the voting system must comply with the Voting System Standards for disability access referred to in section 13.3 of this chapter and 52 U.S.C. 21081(a)(3) to be used in an election. As added by P.L.97-2004, SEC.11. Amended by P.L.128-2015, SEC.196.

Ind. Code § 3-11-15-13.7 Requirements of voting systems to indicate overvotes

Sec. 13.7. (a) If a voting system has any of the following functions, the functions must be operable in the voting system's equipment actually in use in a precinct: (1) The voting system can demonstrate to the voter that the voter has cast votes for too many candidates for an office. (2) The voting system can demonstrate to the voter that the voter has cast votes both in favor of and in opposition to a public question. (b) Except as provided in subsection (c), a voting system described in subsection (a) must be able to inform the voter how the voter may correct errors on the voter's ballot. (c) A voting system is not required to provide the information required by subsection (b) if the information is provided in writing conspicuously on or near the components of the voting system where the voter casts the voter's votes. As added by P.L.126-2002, SEC.76.

Ind. Code § 3-11-15-13.8 Electronic adjudication of ballot features

Sec. 13.8. A voting system certified for use under this chapter may include features to permit the use of electronic adjudication of ballots to review voter intent so long as: (1) the adjudication is conducted in compliance with Indiana law; and (2) the software is a part of the electronic management system (EMS) certified by the commission as part of the voting system. As added by P.L.193-2021, SEC.60.

Ind. Code § 3-11-15-13.9 Validation of testing method

Sec. 13.9. A voting system must have a validation method approved by the commission as part of the certification of the voting system to ensure that the software is tested and that no uncertified software is present on the voting system. A vendor shall provide the instructions for use of the validation method to the entity designated under IC 3-11-16 to permit the entity to perform this validation before the voting system is certified under this chapter and at any time during the term of the certification of the voting system. As added by P.L.193-2021, SEC.61.

Ind. Code § 3-11-15-14 Ballot counting devices and equipment; verification

Sec. 14. In ballot card voting systems, each precinct ballot counting device, and all central counting equipment, must contain provisions for verifying: (1) its proper preparation for an election; and (2) that both the hardware and the software are functioning correctly. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-15 Ballot counting devices and equipment; tests and diagnostic procedures

Sec. 15. The tests and diagnostic procedures described in section 14 of this chapter: (1) may be executed manually or automatically; and (2) must allow for operator intervention to validate the proper execution of individually selected equipment functions. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-16 Electronic voting system; verification

Sec. 16. 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. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-17 Electronic voting system; tests and diagnostic procedures

Sec. 17. 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. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-20 Voting system; accuracy

Sec. 20. (a) A voting system must be able to record accurately each vote and be able to produce an accurate report of all votes cast. (b) As used in this subsection, "error rate" refers to the error rate of the voting system in counting ballots (determined by taking into account only those errors that are attributable to the voting system and not attributable to an act of the voter). As required by 52 U.S.C. 21081, a voting system must comply with the error rate standards established under Principle 1, Guideline 1.2 of the Voluntary Voting System Guidelines adopted by the United States Election Assistance Commission on February 10, 2021. (c) The inclusion of control logic and data processing methods incorporating parity and check-sums (or equivalent error detection and correction methods) must demonstrate that the system has been designed for accuracy. As added by P.L.3-1997, SEC.332. Amended by P.L.209-2003, SEC.166; P.L.128-2015, SEC.197; P.L.100-2018, SEC.8; P.L.212-2025, SEC.9.

Ind. Code § 3-11-15-21 Voting system; software

Sec. 21. Software used in a voting system must monitor the overall quality of data read-write and transfer quality status, checking the number and types of errors that occur in any of the relevant operations on data and how they were corrected. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-22 Ballot card voting system; verification and accuracy

Sec. 22. Ballot card voting systems must rely on the retention of ballots as a redundant means of verifying or auditing election results. 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. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-23 Electronic voting system; preservation of electronic images of ballots

Sec. 23. 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. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-24 Voting system; status and degree of operability

Sec. 24. Ballot card voting and 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. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-25 Voting system; recording and reporting capabilities

Sec. 25. A voting system must include capabilities of recording and reporting the date and time of normal and abnormal events and of maintaining a permanent record of audit information that cannot be turned off. A voting system must include provisions to detect and record significant events, such as casting a ballot, error conditions that cannot be disposed of by the system itself, or time-dependent or programmed events that occur without the intervention of the voter or a polling place operator. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-26 Ballot counting software; retraction requirements

Sec. 26. (a) The ballot counting software must be designed in a modular fashion and not be self-modifying. Modular programs must consist of code written in relatively small and easily identifiable sections, with each unit having a single entry point and a single exit point. Each module must have a specific function that can be tested and verified more or less independently of the remainder of the code. (b) A voting system may include a retraction feature that allows a vote cast on an absentee ballot that is: (1) scanned into: (A) a ballot card voting system; or (B) an optical scan ballot card system; or (2) entered into an electronic voting system; to be retracted if it is determined that the absentee ballot must be rejected under IC 3-11.5. (c) The retraction feature described in subsection (b) must assign a unique identification number to each absentee ballot. The unique identification number assigned to an absentee ballot may not include any of the following information about the voter who cast the absentee ballot: (1) Name. (2) Residence or mailing address. (3) Telephone number. (4) Social Security number. (5) Date of birth. (6) Date the voter registered. (7) Indiana driver's license or state identification number assigned by the bureau of motor vehicles. (d) A county election board must implement a procedure to keep the unique identification number described in this section secure from unauthorized access. All unique identification numbers and any list that contains a unique identification number is exempt from disclosure, inspection, or copying under IC 5-14-3-4(b)(10). As added by P.L.3-1997, SEC.332. Amended by P.L.219-2013, SEC.52; P.L.212-2025, SEC.10.

Ind. Code § 3-11-15-32 Repealed

As added by P.L.3-1997, SEC.332. Amended by P.L.209-2003, SEC.167. Repealed by P.L.219-2013, SEC.53.

Ind. Code § 3-11-15-33 Real-time monitoring of system status and data quality

Sec. 33. The vendor shall provide for the real-time monitoring of system status and data quality. The election division (or the competent person designated by the commission to act on behalf of the election division) shall determine methods of assessment with the advice of a test authority. Implementation options include the following: (1) Hardware monitoring of redundant processing functions which are carried out in parallel or serially. (2) Statistical assessment and measures of system operation. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-34 Quality assessment

Sec. 34. Measurement of the relative frequency of entry to program units and the frequency of exception conditions must be included as part of the quality assessment. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-36 Errors in operations; corrections

Sec. 36. Software used in all systems must monitor the overall quality of data read-write and transfer quality status, checking the number and types of errors that occur in any of the relevant operations on data and how the errors were corrected. If the total number of corrected errors exceeds a predetermined threshold, or if errors on any one (1) type occur repeatedly, then the operation of the affected device must be suspended until the condition generating the errors has been corrected. Any uncorrectable error must result in an immediate halt and provide an appropriate message to the voter or polling place official. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-37 Retention of ballots for verification of election results

Sec. 37. Ballot card voting systems must rely on the retention of ballots as a redundant means of verifying election results. 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. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-38 Stored images of ballots

Sec. 38. The stored images of each ballot must protect the integrity of the data and the anonymity of each voter by such means as storage location scrambling. The ballot image records may be either machine readable or manually transcribed, or both, at the discretion of the vendor. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-39 Firmware instructions; undervoting permitted

Sec. 39. 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. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-40 Reconciliation of sum of selections and undervotes

Sec. 40. After every ballot is cast, a reconciliation of the sum of selections and undervotes must occur. The undervotes may not be generated as a default but must be generated as the result of scanning the ballot as the ballot is cast. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-41 Status messages

Sec. 41. Status messages must become part of the real-time audit record. Latitude in software design is necessary so that consideration can be given to various user processing and reporting needs. The user shall require status and information messages to be displayed and reported in real-time. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-42 Status messages; display

Sec. 42. Depending on the critical nature of the message, and the particular jurisdiction's needs, status messages shall preferably be displayed and reported by suitable, unambiguous indicators or English language text. Noncritical status messages may be displayed if the message does not require operator intervention by means of numerical codes, for subsequent interpretation and reporting as ambiguous text. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-43 Audit record; ability of voter to change vote before ballot cast

Sec. 43. (a) The audit record provisions in this chapter are essential to the complete recording of election operations and reporting of the vote tally. This list of audit records must reflect all of the idiosyncrasies of a system. (b) As required by 52 U.S.C. 21081, the voting system must: (1) produce a permanent paper record with a manual audit capacity for the system; and (2) provide the voter with an opportunity to change the ballot or correct any error before the permanent paper record is produced. (c) The paper record produced under subsection (b) must be made available as an official record for a recount or contest conducted with respect to any election in which the voting system was used. As added by P.L.3-1997, SEC.332. Amended by P.L.209-2003, SEC.168; P.L.128-2015, SEC.198.

Ind. Code § 3-11-15-44 In-process audit records; contents

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) 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. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-45 General features and capabilities of access policy; disclosure; background checks

Sec. 45. (a) The vendor shall disclose the general features and capabilities of the access policy. The generic capabilities should include the following: (1) Software access controls. (2) Hardware access controls. (3) Effective password management. (4) The protection abilities of a particular operating system. (5) The general characteristics of supervisory access privileges. (b) The vendor shall conduct a background check at least once each year on each individual: (1) employed or contracted by the vendor; and (2) who has access to the voting system; to determine if the individual has been convicted of a felony. An individual described by this subsection who has been convicted of a felony may not have access to a voting system in the individual's capacity as an employee or contractor of the vendor. As added by P.L.3-1997, SEC.332. Amended by P.L.71-2019, SEC.23.

Ind. Code § 3-11-15-46 County election board defines access policies to voting systems and electronic poll books; security protocols; default protocols

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

Ind. Code § 3-11-15-47 Access control policy; limitations on access

Sec. 47. The access control policy must identify all persons to whom access is granted and the specific functions and data to which each holds authorized access. If an authorization is limited to a specific time, time interval, or phase of the voting or counting operations, this limitation must also be specified. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-48 Access control policy; requirements

Sec. 48. The access control policy: (1) may not affect the ability of a voter to record votes and submit a ballot; and (2) must preclude voter access to all other physical facilities of the vote-counting processes. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-49 Approval required before voting system is marketed, sold, leased, installed, or implemented; exception for display or demonstration, conditions

Sec. 49. (a) Except as provided in subsection (b) or (c), before a vendor markets, sells, leases, installs, or permits the implementation of a voting system in Indiana, the commission must have approved the vendor's application for the approval of the voting system. (b) A vendor may display or demonstrate a voting system that has not been approved by the commission for use in Indiana, if the vendor complies with all the following requirements: (1) The display or demonstration occurs at a conference of election officials sponsored by: (A) a state agency; or (B) an association of circuit court clerks or voter registration officers. (2) The vendor files a notice with the election division at least seven (7) days before the scheduled starting date of a conference referred to in subdivision (1) setting forth the following: (A) The name of the vendor and each vendor representative scheduled to display or demonstrate the voting system. (B) The address and telephone number of the vendor. (C) The model name and number of the voting system, including the hardware, firmware, and software version number for the voting system. (D) The name and manufacturer of the voting system. (E) The date and location of the display or demonstration of the voting system. (3) The vendor displays the voting system with a notice that: (A) is in at least 16 point type size; (B) is posted on the face of the voting system; and (C) states that the voting system is "Not Approved for Use in Indiana". (4) The vendor ensures that each communication concerning the voting system that is available or made at a conference referred to in subdivision (1) includes a statement that the voting system is "Not Approved for Use in Indiana". A printed communication must include the statement in a type size that is at least as large as the largest type size used in the communication. (c) Notwithstanding subsection (b), a vendor may display or demonstrate an electronic voting system which includes a voter verifiable paper audit trail if the vendor demonstrates the system only to a county which is currently using an electronic voting system provided by that vendor which does not include a voter verifiable paper audit trail. As added by P.L.3-1997, SEC.332. Amended by P.L.14-2004, SEC.135; P.L.219-2013, SEC.54; P.L.71-2019, SEC.25.

Ind. Code § 3-11-15-51 Repealed

As added by P.L.3-1997, SEC.332. Amended by P.L.14-2004, SEC.136. Repealed by P.L.221-2005, SEC.144.

Ind. Code § 3-11-15-54 Software or source code changes

Sec. 54. Notwithstanding any other provision of this chapter, the software or source code of a voting system may not be changed while an election is being conducted or during the canvassing of the election's results. As added by P.L.3-1997, SEC.332.

Ind. Code § 3-11-15-57 Repealed

As added by P.L.3-1997, SEC.332. Amended by P.L.14-2004, SEC.137. Repealed by P.L.221-2005, SEC.144.

Ind. Code § 3-11-15-59 Disposition of voting system unit or electronic poll book unit; county election board plan; filing and approval of plan

Sec. 59. (a) Whenever a county wishes to dispose of a voting system unit or an electronic poll book unit, the county election board must first file a plan with the election division. The plan must state all of the following: (1) The serial number of each unit to be disposed of by the county. (2) The method to be used for disposal of the equipment, including sale, transfer, or destruction of the equipment and the details about how the equipment will be disposed of. For purposes of this subdivision, a disposal method of an electronic poll book unit may include the deletion of any electronic poll book software on the unit and the repurposing of the unit as an electronic device to display an electronic form of a sample ballot under IC 3-11-3-25, IC 3-11-11-1.3, IC 3-11-13-10.5, and IC 3-11-14-18.5. (3) That the disposal will occur in compliance with federal and state laws requiring the retention of election materials until the expiration of the period specified by those laws. (4) The details regarding the person that will dispose of the equipment. (b) If the election division approves the proposed plan, the election division shall notify: (1) the county election board, which may then dispose of the equipment; and (2) the voting system technical oversight program (VSTOP) (established by IC 3-11-16-2). (c) A county may not dispose of a voting system unit or an electronic poll book unit by selling, transferring, or otherwise surrendering ownership to a person to which a voting system vendor is prohibited to sell, lease, or transfer possession of a voting system under section 60 of this chapter, except to the vendor from whom the county acquired the voting system unit or electronic poll book. (d) A plan filed with the election division under this section is confidential. As added by P.L.100-2018, SEC.10. Amended by P.L.193-2021, SEC.62; P.L.227-2023, SEC.109.

Ind. Code § 3-11-15-60 Sale, lease, or transfer of voting system certified for Indiana use; restrictions; disposal

Sec. 60. (a) This section applies to a voting system certified for use in Indiana elections. (b) Except as provided in subsection (c), a vendor may not sell, lease, or transfer possession of a voting system to a person except to: (1) an Indiana county; (2) the voting system technical oversight program (VSTOP) (established by IC 3-11-16-2); (3) a state or local government in the United States for the purpose of conducting elections in that jurisdiction; or (4) a political party in Indiana entitled to nominate candidates for the general election at: (A) a convention conducted under IC 3-8-4; or (B) a town convention conducted under IC 3-8-5; for the limited purpose of conducting the nomination of the candidates. (c) A vendor may dispose of a voting system unit or an electronic poll book unit by transferring possession of the unit to a state or county historical society in Indiana. As added by P.L.100-2018, SEC.11. Amended by P.L.240-2025, SEC.28.

Ind. Code § 3-11-15-61 Computer or device creating ballot layout or programming a voting system may not be connected to Internet or a network

Sec. 61. (a) This section does not apply to an electronic poll book. (b) A computer or electronic device used: (1) to create the layout of a ballot for an election; (2) to program a voting system, electronic voting system, or ballot card voting system; or (3) with election management software certified for use as part of a voting system; may not be connected to the Internet or any network that connects to another computer or electronic device. As added by P.L.193-2021, SEC.63.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/3Fetched: 10/17/2026