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

§ 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.