Indiana § 3-11-6-14 - Repealed

§ 3-11-6-14. Repealed

[Pre-1986 Recodification Citation: 3-2-6-3 part.]

As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.234. Repealed by P.L.17-1995, SEC.45.

IC 3-11-6.5Chapter 6.5. Voting System Improvement

3-11-6.5-0.3"Fund" 3-11-6.5-0.5Repealed 3-11-6.5-0.7"Purchase" 3-11-6.5-1Quantity purchase agreements; purchase of voting systems by state; purchase of voting system by counties for voters with disabilities 3-11-6.5-2Election administration assistance fund; purpose; administration of fund 3-11-6.5-2.1Administration of fund under HAVA state plan 3-11-6.5-3Repealed 3-11-6.5-3.1Use of HAVA Title II funds; maintenance of expenditures 3-11-6.5-4Applications for reimbursement from fund; approval of reimbursements 3-11-6.5-5Reimbursement of county from fund 3-11-6.5-6Repealed 3-11-6.5-6.1Repealed 3-11-6.5-7Repealed 3-11-6.5-7.1HAVA Section 102 funds; reimbursements to counties 3-11-6.5-8HAVA Section 101 funds; reimbursements to counties

IC 3-11-6.5-0.3"Fund" Sec. 0.3. As used in this chapter, "fund" refers to the election administration assistance fund established by section 2 of this chapter.

As added by P.L.209-2003, SEC.118.

IC 3-11-6.5-0.5RepealedAs added by P.L.116-2003, SEC.2. Repealed by P.L.97-2004, SEC.133.

IC 3-11-6.5-0.7"Purchase" Sec. 0.7. As used in this chapter, "purchase" includes the purchasing, leasing, and lease-purchasing of voting systems.

As added by P.L.209-2003, SEC.119.

IC 3-11-6.5-1Quantity purchase agreements; purchase of voting systems by state; purchase of voting system by counties for voters with disabilities Sec. 1. (a) As used in this section, "department" refers to the Indiana department of administration established by IC 4-13-1-2.

(b) The department shall award quantity purchase agreements to vendors for new voting systems or upgrades or expansion of existing voting systems by counties.

(c) Both of the following must apply before the department may issue a quantity purchase agreement to a voting system vendor:

(1) The commission has found that all of the following would be enhanced by the vendor's new or upgraded voting system:

(A) Reliability of a county's voting system.

(B) Efficiency of a county's voting system.

(C) Ease of use by voters.

(D) Public confidence in a county's voting system.

(2) The commission has otherwise approved the vendor's new voting system or the upgrade or expansion of the existing voting system for use under this title.

(d) The quantity purchase agreement must include options for a county to:

(1) purchase;

(2) lease-purchase; or

(3) lease;

new voting systems or upgrades or expansion of existing voting systems.

(e) The purchase of new voting systems or upgrades or expansions of existing voting systems by a county or under a quantity purchase agreement entered into by the department under this section is considered an acquisition by the state for purposes of 52 U.S.C. 21001 if the voting system, upgrade, or expansion complies with 52 U.S.C. 21081 through 52 U.S.C. 21102.

(f) Each county shall purchase at least one (1) voting system under this section for each polling place in the county to meet the requirements set forth under IC 3-11-15-13 (repealed).

As added by P.L.239-2001, SEC.7. Amended by P.L.209-2003, SEC.120; P.L.164-2006, SEC.94; P.L.1-2009, SEC.3; P.L.128-2015, SEC.165.

IC 3-11-6.5-2Election administration assistance fund; purpose; administration of fund Sec. 2. (a) In accordance with 52 U.S.C. 21004, the election administration assistance fund is established for the following purposes:

(1) As provided by 52 U.S.C. 21001, to carry out activities to improve the administration of elections for federal office.

(2) As provided by 52 U.S.C. 21001, to use funds provided to the state under Title II, Subtitle D, Part I of HAVA (52 U.S.C. 21001 through 52 U.S.C. 21008) as a reimbursement of costs in obtaining voting equipment that complies with 52 U.S.C. 21081 if the state obtains the equipment after November 7, 2000.

(3) As provided by 52 U.S.C. 21001, to use funds provided to the state under Title II, Subtitle D, Part I of HAVA (52 U.S.C. 21001 through 52 U.S.C. 21008) as a reimbursement of costs in obtaining voting equipment that complies with 52 U.S.C. 21081 under a multiyear contract incurred after December 31, 2000.

(4) For reimbursing counties for the purchase of new voting systems or for the upgrade or expansion of existing voting systems that would not qualify for reimbursement under subdivision (2) or (3).

(b) The fund consists of the following:

(1) Money appropriated to the fund by the general assembly.

(2) All money allocated to the state by the federal government:

(A) under Section 101 of HAVA (52 U.S.C. 20901), as required by 52 U.S.C. 20904;

(B) under Section 102 of HAVA (52 U.S.C. 20902), as required by 52 U.S.C. 20904;

(C) under Title II, Subtitle D, Part I of HAVA (52 U.S.C. 21001 through 52 U.S.C. 21008); and

(D) under any other program for the improvement of election administration.

(3) Proceeds of bonds issued by the Indiana bond bank for improvement of voting systems as authorized by law.

The state comptroller shall establish an account within the fund for money appropriated by the general assembly and separate accounts within the fund for any money received by the state from the federal government for each source of allocations described under subdivision (2). Proceeds of bonds issued by the Indiana bond bank under subdivision (3) may be deposited into any account, as determined by the election division.

(c) The secretary of state shall administer the fund and money in the fund expended subject to appropriation by the general assembly. The fund may be augmented after budget committee review.

(d) The expenses of administering the fund shall be paid from money in the Section 101 account of the fund. If money is not available for this purpose in the Section 101 account of the fund, the expenses of administering the fund shall be paid from money appropriated under subsection (b)(1).

(e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund and allocated among the accounts within the fund according to the balances of the respective accounts.

(f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.239-2001, SEC.7. Amended by P.L.209-2003, SEC.121; P.L.153-2013, SEC.6; P.L.128-2015, SEC.166; P.L.108-2019, SEC.38; P.L.9-2024, SEC.22; P.L.213-2025, SEC.39.

IC 3-11-6.5-2.1Administration of fund under HAVA state plan Sec. 2.1. The secretary of state may administer the fund in accordance with the HAVA state plan, as published in the Indiana Register on November 1, 2003. The state plan may be amended in accordance with the requirements of HAVA and the procedures for amendment set forth in the plan. If the plan is amended as provided in this section, the fund may be administered in accordance with that amendment.

As added by P.L.14-2004, SEC.107. Amended by P.L.153-2013, SEC.7.

IC 3-11-6.5-3RepealedAs added by P.L.239-2001, SEC.7. Repealed by P.L.209-2003, SEC.203.

IC 3-11-6.5-3.1Use of HAVA Title II funds; maintenance of expenditures Sec. 3.1. (a) This section applies to money received under Title II, Subtitle D, Part I of HAVA (52 U.S.C. 21001 through 52 U.S.C. 21008) and deposited in the account established under section 2 of this chapter for those funds.

(b) Money deposited in the account must be used to comply with the requirements of Title III of HAVA (52 U.S.C. 21081 through 52 U.S.C. 21102).

(c) In conformity with Section 254(a)(7) of HAVA (52 U.S.C. 21004), the state shall maintain expenditures by the state for activities funded by the payment of funds described by this section at a level that is not less than the level of those expenditures maintained by the state for the fiscal year ending June 30, 2000.

As added by P.L.209-2003, SEC.122. Amended by P.L.97-2004, SEC.5; P.L.153-2013, SEC.8; P.L.128-2015, SEC.167.

IC 3-11-6.5-4Applications for reimbursement from fund; approval of reimbursements Sec. 4. (a) To receive reimbursement for the purchase of voting systems under this chapter, a county must file an application with the election division, in the form required by the election division. The secretary of state shall review the application and make a recommendation to the budget committee regarding the application.

(b) The budget agency, after review by the budget committee, shall approve a county's application for reimbursement under this chapter if the budget agency determines any of the following:

(1) The county has purchased or will purchase a new voting system or an upgrade or expansion of an existing voting system to comply with HAVA that would be eligible for reimbursement under HAVA and this chapter from any fund account.

(2) The county has purchased or will purchase a new voting system to replace a voting system that the county cannot use because the county is unable to obtain technical or other operating support for its current voting system. This subdivision applies only if the purchase of a new voting system is eligible for reimbursement under HAVA.

As added by P.L.239-2001, SEC.7. Amended by P.L.209-2003, SEC.123; P.L.108-2008, SEC.2; P.L.153-2013, SEC.9.

IC 3-11-6.5-5Reimbursement of county from fund Sec. 5. (a) If a county's application is approved under section 4 of this chapter, the secretary of state shall, subject to this section, reimburse the county from the fund an amount to be determined by the secretary of state.

(b) Payment of money from the fund is subject to the availability of money in the fund and the requirements of this chapter and HAVA.

(c) It is the intent of the general assembly that a county eligible for reimbursement under section 4 of this chapter be reimbursed from federal money received by the state to the maximum extent permitted by federal law.

As added by P.L.239-2001, SEC.7. Amended by P.L.209-2003, SEC.124; P.L.164-2006, SEC.95; P.L.153-2013, SEC.10.

IC 3-11-6.5-6RepealedAs added by P.L.239-2001, SEC.7. Repealed by P.L.209-2003, SEC.203.

IC 3-11-6.5-6.1RepealedAs added by P.L.209-2003, SEC.125. Amended by P.L.221-2005, SEC.47. Repealed by P.L.164-2006, SEC.143.

IC 3-11-6.5-7RepealedAs added by P.L.239-2001, SEC.7. Repealed by P.L.209-2003, SEC.203.

IC 3-11-6.5-7.1HAVA Section 102 funds; reimbursements to counties Sec. 7.1. (a) This section applies to money received under Section 102 of HAVA (52 U.S.C. 20902) and deposited in the account established under section 2 of this chapter for those funds.

(b) Money deposited in the account must be used for the purposes set forth in Section 102 of HAVA (52 U.S.C. 20902).

(c) As permitted under 52 U.S.C. 20902, a county may apply to receive reimbursement from the fund.

(d) To receive reimbursement or voting systems under this section, a county must file an application with the election division in the form required by the election division. The secretary of state shall review the application and make a recommendation to the budget committee regarding the application.

(e) The budget agency, after review by the budget committee, shall approve a county's application for reimbursement if the budget agency determines that the county has purchased a voting system to comply with Section 102 of HAVA and is eligible for reimbursement under this section.

(f) The budget agency, after review by the budget committee, shall approve a county's application for disbursement of voting systems to the county if the budget agency determines that the county is entitled to receive voting systems under this section to comply with Section 102 of HAVA.

(g) If a county's application for reimbursement is approved under this section, the secretary of state shall, subject to subsection (h), reimburse the county from the fund in an amount not more than the amount determined by STEP TWO of the following formula:

STEP ONE: Determine the number of precincts in the county that used a voting machine voting system or a punch card voting system at the November 7, 2000, general election.

STEP TWO: Multiply the number determined in STEP ONE by four thousand dollars ($4,000).

(h) Payment of money from the fund under this section is subject to the availability of money in the fund and the requirements of this chapter and HAVA.

As added by P.L.209-2003, SEC.126. Amended by P.L.97-2004, SEC.6; P.L.153-2013, SEC.11; P.L.128-2015, SEC.168.

IC 3-11-6.5-8HAVA Section 101 funds; reimbursements to counties Sec. 8. (a) This section applies to money received under Section 101 of HAVA (52 U.S.C. 20901) and deposited in the account established under section 2 of this chapter for those funds.

(b) Money deposited in the account must be used in accordance with the requirements applicable under Section 101 of HAVA (52 U.S.C. 20901).

(c) The money may be used for the following purposes:

(1) By the secretary of state for any purpose authorized by this title and permitted under 52 U.S.C. 20901.

(2) To reimburse counties for the upgrade or expansion of existing voting systems to comply with HAVA.

(d) As permitted under 52 U.S.C. 20901, a county may apply to receive reimbursement under subsection (c).

(e) To receive reimbursement under this section, a county must make an application to the election division in the form required by the election division. The secretary of state shall review the application and make a recommendation to the budget committee regarding the application.

(f) The budget agency, after review by the budget committee, shall approve a county's application for reimbursement under this section if the budget agency determines that the application complies with the requirements for reimbursement under subsection (c)(2).

(g) If a county's application is approved under subsection (c)(2), the secretary of state shall, subject to subsection (h), pay the county from the fund in an amount to be determined by the secretary of state.

(h) Payment of money from the fund under this section is subject to the availability of money in the fund and the requirements of this chapter and HAVA.

As added by P.L.239-2001, SEC.7. Amended by P.L.209-2003, SEC.127; P.L.97-2004, SEC.7; P.L.153-2013, SEC.12; P.L.128-2015, SEC.169.

IC 3-11-7Chapter 7. Approval of Ballot Card Voting Systems

3-11-7-1Necessity of approval 3-11-7-2Approval of system by commission 3-11-7-3Capability of system; voting in secrecy 3-11-7-3.5Face of ballot card 3-11-7-4Capability of system; voting straight or split ticket variations; candidates elected to school board or at-large offices 3-11-7-4Capability of system; voting straight or split ticket variations; candidates elected to school board offices 3-11-7-5Requisites of systems 3-11-7-6Counting of vote; voting straight or split ticket variations 3-11-7-7Repealed 3-11-7-8Repealed 3-11-7-9Repealed 3-11-7-10Repealed 3-11-7-11Repealed 3-11-7-11.5Ballot card voting system; write-in vote count capacity 3-11-7-12Tests to be conducted before approving system; marketing, sale, lease, or installation of voting system; expiration of approval 3-11-7-13Repealed 3-11-7-14Supplementary instructions and procedures for safe and efficient use of system; issuance 3-11-7-15Proposed changes to voting system; tests to be conducted before approval; criteria for approval; marketing, sale, lease, or installation of changes; expiration of approval 3-11-7-16Disapproval of system 3-11-7-17Examination of previously approved voting system; rescission of approval; prohibition of use 3-11-7-18Filing contracts, leases, or purchase orders with election division 3-11-7-19Expiration of approval of voting system; renewal of approval; notice of request for renewal; conditions for renewal; approval of renewal 3-11-7-20County election board responsible for care and custody of voting systems when not in use