Indiana § 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

§ 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.