Indiana § 3-11-7-15 - Proposed changes to voting system; tests to be conducted before approval; criteria for approval; marketing, sale, lease, or installation of changes; expiration of approval

§ 3-11-7-15. Proposed changes to voting system; tests to be conducted before approval; criteria for approval; marketing, sale, lease, or installation of changes; expiration of approval

Sec. 15. (a) A vendor may apply for approval of a proposed improvement or change to a ballot card voting system that is currently certified by the commission. A proposed improvement or change may not be marketed, sold, leased, installed, or implemented in Indiana before the application for the improvement or change is approved by the commission.

(b) An application for approval of an improvement or change must be in the form prescribed by the election division.

(c) The vendor applying for approval of an improvement or a change must have the improvement or change to the voting system tested by an independent laboratory accredited under 52 U.S.C. 20971. However, if the commission determines that it is impossible or impractical to have an independent laboratory conduct tests on a proposed improvement or change to a ballot card voting system, the commission may direct that the tests be conducted by any other entity approved by the commission. The vendor shall pay any testing expenses incurred under this subsection.

(d) The election division (or the person designated under IC 3-11-16) shall review the proposed improvement or change to the voting system and the results of the testing by the independent laboratory under subsection (c) and report the results of the review to the commission. The review must indicate:

(1) whether the proposed improvement or change has been approved by an independent laboratory accredited under 52 U.S.C. 20971 or as directed by the commission under subsection (c);

(2) whether the proposed improvement is a de minimis change or a modification;

(3) if the proposed improvement or change is a modification, whether the modification may be installed and implemented without any significant likelihood that the voting system would be configured or perform its functions in violation of HAVA or this title; and

(4) whether the proposed improvement or change would comply with HAVA and the standards set forth in this chapter and IC 3-11-15.

(e) After the commission has approved the application for an improvement or change (including a de minimis change) to a ballot card voting system, the improvement or change may be marketed, sold, leased, installed, or implemented in Indiana.

(f) An approval of an application under this section expires on the date specified under section 19(a) of this chapter.

[Pre-1986 Recodification Citation: 3-2-4-3(a) part.]

As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.248; P.L.4-1991, SEC.75; P.L.2-1996, SEC.167; P.L.3-1997, SEC.286; P.L.14-2004, SEC.108; P.L.221-2005, SEC.51; P.L.76-2014, SEC.32; P.L.5-2015, SEC.1; P.L.128-2015, SEC.171; P.L.169-2015, SEC.105; P.L.21-2016, SEC.12.