Indiana § 3-12-3-14 - Repealed

§ 3-12-3-14. Repealed

As added by P.L.3-1995, SEC.124. Repealed by P.L.193-2021, SEC.89.

IC 3-12-3.5Chapter 3.5. Counting of Electronic Voting System Votes

3-12-3.5-1Application of chapter; vote centers treated as precincts 3-12-3.5-1.1Chapter establishes standards to define vote 3-12-3.5-1.5Closing of all polls located in one room before vote count 3-12-3.5-2Announcement that printout of vote available for examination 3-12-3.5-3Certificates of vote result; use of verifiable paper audit trail 3-12-3.5-4Delivery of certificates 3-12-3.5-4.5Securing and returning electronic poll books, voting systems to county election board 3-12-3.5-5News media certificate 3-12-3.5-6Vote count to continue to completion 3-12-3.5-7Repealed 3-12-3.5-8"Audit threshold number"; "judge"; determination of disparity between number of votes and number of voters; public meeting of county election board; audit and notice of audit; secretary of state report 3-12-3.5-8"Audit threshold number"; "judge"; determination of disparity between number of votes and number of voters; public meeting of county election board; audit and notice of audit; secretary of state report

IC 3-12-3.5-1Application of chapter; vote centers treated as precincts Sec. 1. (a) This chapter applies to each precinct where voting is by electronic voting system.

(b) For purposes of this chapter, in a county designated as a vote center county under IC 3-11-18.1, each vote center shall be treated as if it were a single precinct.

As added by P.L.3-1987, SEC.356. Amended by P.L.210-2018, SEC.8.

IC 3-12-3.5-1.1Chapter establishes standards to define vote Sec. 1.1. This chapter is enacted to comply with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory standards to define what will be counted as a vote on an electronic voting system.

As added by P.L.209-2003, SEC.184. Amended by P.L.128-2015, SEC.211.

IC 3-12-3.5-1.5Closing of all polls located in one room before vote count Sec. 1.5. If the polls for more than one (1) precinct are located in the same room, the inspector of a precinct using the room may not begin the vote counting procedure until all the polls in the room are officially closed and no more persons are waiting in line to vote.

As added by P.L.10-1988, SEC.127. Amended by P.L.3-1995, SEC.125; P.L.193-2021, SEC.90.

IC 3-12-3.5-2Announcement that printout of vote available for examination Sec. 2. After each electronic voting system has been secured and the paper vote total printouts obtained, the inspector shall announce in a distinct tone of voice that the printouts are available for inspection by the members of the precinct election board and any watchers present within the polls. The members and watchers are entitled to inspect and copy the printouts to document the votes cast for:

(1) each candidate on each system; and

(2) each public question on each system.

As added by P.L.3-1987, SEC.356. Amended by P.L.221-2005, SEC.102.

IC 3-12-3.5-3Certificates of vote result; use of verifiable paper audit trail Sec. 3. (a) When paper vote total printouts have been obtained, the precinct election board shall prepare certificates stating the number of votes that each candidate received for each office and the votes on each public question by attaching the paper vote total printouts to certificate forms supplied by the county election board.

(b) Each member of the board shall be given a copy of the certificate.

(c) If a precinct election board administers more than one (1) precinct, the board shall keep the ballots cast in each precinct separate from ballots cast in any other precinct, so that the votes cast for each candidate and on each public question in each of the precincts administered by the board may be determined.

(d) If a precinct or vote center uses a direct record electronic voting system that contains a voter verifiable paper audit trail, the election board is not required to print out the paper audit trail in preparing the certificates setting forth the number of votes prepared under subsection (a).

(e) The certificates prepared under subsection (a) set forth the official votes cast by the voters for a candidate or on a public question by the voters of the precinct. However, in a recount or contest proceeding under IC 3-12-6, IC 3-12-8, IC 3-12-11, or IC 3-12-12, the information set forth on the voter verifiable paper audit trail may be used as evidence for a recount commission or a court to determine the votes cast for a candidate or on a public question in the precinct.

As added by P.L.3-1987, SEC.356. Amended by P.L.230-2005, SEC.58; P.L.135-2020, SEC.9.

IC 3-12-3.5-4Delivery of certificates Sec. 4. The inspector and judge of the opposite political party shall deliver the certificates prepared under section 3 of this chapter and the list of voters to the county election board by midnight on election day. However, if:

(1) an electronic voting system failed;

(2) the failure of the system was reported as required by this title;

(3) paper ballots were used in place of the system; and

(4) the use of the paper ballots caused a substantial delay in the vote counting process;

then the certificates, the list of voters, and the tally papers shall be delivered as soon as possible.

As added by P.L.3-1987, SEC.356. Amended by P.L.3-1993, SEC.186.

IC 3-12-3.5-4.5Securing and returning electronic poll books, voting systems to county election board Sec. 4.5. (a) This section does not apply to an electronic poll book or voting system subject to an impoundment order issued by a court or a recount commission until the impoundment order is rescinded.

(b) This subsection applies to an electronic poll book. The inspector and judge of the opposite political party shall immediately deliver all electronic poll books from a precinct polling location or vote center to the county election board with the other election material described in IC 3-12-3-2(b). The county election board shall secure the electronic poll books in accordance with the requirements of IC 3-11-15-46.

(c) This subsection applies to a voting system. At any time after the polls close on election day:

(1) the county election board;

(2) teams consisting of at least two (2) individuals that:

(A) are designated by the county election board;

(B) are affiliated with a political party entitled to nominate an individual to serve as an appointed member of the county election board; and

(C) have at least two (2) individuals on the team who are not members of the same political party; or

(3) a commercial delivery entity operating under a contract with the county election board;

shall return all voting systems from the polls for the precinct or from the vote centers to a storage facility to be secured under IC 3-11-15-46.

(d) The county election board may not:

(1) designate any individual to serve on a team if the individual is:

(A) imprisoned;

(B) subject to lawful detention;

(C) on probation;

(D) on parole;

(E) subject to home detention; or

(F) placed in a community corrections program; or

(2) permit a commercial delivery entity to allow any individual who is:

(A) imprisoned;

(B) subject to lawful detention;

(C) on probation;

(D) on parole;

(E) subject to home detention; or

(F) placed in a community corrections program;

to have access to or return a voting system.

(e) If a county election board uses the teams or a commercial delivery entity described in subsection (c), the board shall require that:

(1) two (2) members of each team who are not members of the same political party; or

(2) the commercial delivery entity;

execute a certificate setting forth the information set forth in subsection (f).

(f) The certificate required in subsection (e) must be signed by the two (2) members of each team described in subsection (c) or by an individual authorized to act on behalf of the commercial delivery entity described in subsection (c). The certificate must include the following:

(1) That the voting systems remained in the custody and control of each individual during the period beginning when the voting systems were received at the polls and ending when the voting systems were returned to the location designated for securing voting systems under IC 3-11-15-46.

(2) That no individual other than a team member or an individual acting on behalf of the commercial delivery entity had access to any voting system.

(3) That an individual documented receipt of the voting system at the location when the system was returned.

(4) The:

(A) written name and signature of the individual; and

(B) date that the voting system was delivered to the custody of that individual.

(g) Immediately upon any return of a voting system, the completed certificate must be filed with the county election board.

As added by P.L.193-2021, SEC.91. Amended by P.L.227-2023, SEC.121.

IC 3-12-3.5-5News media certificate Sec. 5. Immediately upon completion of the vote count, each precinct election board shall make and sign a certificate for the news media showing the total number of votes received by each candidate in the precinct. The inspector and judge of the opposite political party shall deliver the certificate to the circuit court clerk at the same time that the certificates, the list of voters, and the tally papers are delivered under section 4 of this chapter. The circuit court clerk immediately shall deliver the certificate made for the news media to any person designated to receive the certificate by the editors of the newspapers published in the county or by the managers of the radio and television stations operating in the county. The county election board shall furnish each precinct election board with the forms on which the certificates are to be prepared.

As added by P.L.3-1987, SEC.356.

IC 3-12-3.5-6Vote count to continue to completion Sec. 6. To minimize the delay in the counting of the vote, canvassing must begin immediately upon the closing of the polls and continue without interruption until all the votes are canvassed and all certificates of the vote required under section 3 of this chapter are completed and delivered to the persons entitled to receive the certificates.

As added by P.L.3-1987, SEC.356.

IC 3-12-3.5-7RepealedAs added by P.L.3-1995, SEC.126. Repealed by P.L.193-2021, SEC.92.

IC 3-12-3.5-8"Audit threshold number"; "judge"; determination of disparity between number of votes and number of voters; public meeting of county election board; audit and notice of audit; secretary of state report Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 8. (a) As used in this section, "audit threshold number" refers to the following number:

(1) One (1), if the total number of votes cast, as determined under subsection (c), is not more than twenty (20).

(2) Two (2), if the total number of votes cast, as determined under subsection (c), is:

(A) more than twenty (20); but

(B) not more than forty (40).

(3) Three (3), if the total number of votes cast, as determined under subsection (c), is:

(A) more than forty (40); but

(B) not more than sixty (60).

(4) Four (4), if the total number of votes cast, as determined under subsection (c), is:

(A) more than sixty (60); but

(B) not more than eighty (80).

(5) Five percent (5%) of the total number of votes cast, rounded up to the nearest whole number, if the total number of votes cast, as determined under subsection (c), is:

(A) more than eighty (80); but

(B) not more than five hundred (500).

(6) Twenty-five (25), if the total number of votes cast, as determined under subsection (c) is more than five hundred (500).

(b) As used in this section, "judge" refers only to the judge who is a member of a political party other than the political party of the inspector.

(c) After each electronic voting system has been secured and the paper vote total printouts obtained, the inspector and judge shall record the total number of:

(1) votes cast on all electronic voting systems located within the precinct; and

(2) voters who have received a ballot by signing in at the polls according to the poll lists for each precinct;

to determine if the total number of votes cast on the electronic voting systems differs from the number of voters shown to have received a ballot at the polls according to the poll lists.

(d) The inspector and judge shall record the information set forth in subsection (c) on a form prescribed under IC 3-5-4-8 and provided to each precinct and vote center under IC 3-11-3-10 by the county election board. The inspector and judge shall sign the form before delivering the certificates in accordance with section 4 of this chapter and return the form with the certificates.

(e) If the number of ballots received at the polls differs from the total number of voters shown on the poll lists, the inspector and judge shall report this fact in writing to the county election board together with the reasons for the discrepancy, if known, at the time that the inspector and judge return the precinct poll list to the board on the form required under subsection (d).

(f) The county election board shall compile the following information into a single document listing for each precinct:

(1) The number of votes cast on the electronic voting systems in the precinct, as shown on the form required for the precinct under subsection (d).

(2) The number of voters who cast ballots on the electronic voting systems as shown on the form required for the precinct under subsection (d).

(3) The number of absentee ballots returned by voters of the precinct.

(4) The number of absentee ballots described in subdivision (3) that were counted.

(5) The difference between the number in subdivision (1) and the number in subdivision (2).

Not later than noon on the second Friday following the election, the county election board shall discuss and publish the document described in this subsection at a public hearing and immediately make the document available for inspection and copying by any voter of the county.

(g) If the number determined under subsection (f)(5) is greater than or equal to the audit threshold number, then the county election board or the secretary of state may order an audit of all the votes cast in that precinct under this section. Before ordering an audit, the county election board shall recheck the computations reported by the inspector and judge under subsection (c).

(h) The county election board shall confirm that the votes cast in an election:

(1) for each candidate and each public question; and

(2) on a direct record electronic voting system in the precinct;

were correctly counted.

(i) The county election board shall conduct an audit by means of tests and procedures that are approved by the commission and independent of the provider of the direct record electronic voting system being audited.

(j) The county election board shall certify the results of the audit not later than noon thirty (30) days after the election. The certification must be on the form prescribed by the election division. One (1) copy shall be filed with the election returns, and one (1) copy must be delivered to the election division.

(k) Public notice of the time and place of an audit shall be given at least forty-eight (48) hours before the audit. The notice shall be published once in accordance with IC 5-3-1-4. However, if publication in accordance with IC 5-3-1-4 will not allow the county election board to certify the results of the audit within thirty (30) days after the election, notice shall be given by posting at or near the office of the county election board.

(l) Not later than ninety (90) days after each election in which an audit is conducted under this section, the secretary of state shall publish a report stating whether the results of each audit indicate that the discrepancy was the result of human error, intentional violations of election laws, unknown causes, or a combination of these factors.

As added by P.L.64-2014, SEC.71. Amended by P.L.76-2014, SEC.55; P.L.169-2015, SEC.148; P.L.210-2018, SEC.9.

IC 3-12-3.5-8"Audit threshold number"; "judge"; determination of disparity between number of votes and number of voters; public meeting of county election board; audit and notice of audit; secretary of state report Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 8. (a) As used in this section, "audit threshold number" refers to the following number:

(1) One (1), if the total number of votes cast, as determined under subsection (c), is not more than twenty (20).

(2) Two (2), if the total number of votes cast, as determined under subsection (c), is:

(A) more than twenty (20); but

(B) not more than forty (40).

(3) Three (3), if the total number of votes cast, as determined under subsection (c), is:

(A) more than forty (40); but

(B) not more than sixty (60).

(4) Four (4), if the total number of votes cast, as determined under subsection (c), is:

(A) more than sixty (60); but

(B) not more than eighty (80).

(5) Five percent (5%) of the total number of votes cast, rounded up to the nearest whole number, if the total number of votes cast, as determined under subsection (c), is:

(A) more than eighty (80); but

(B) not more than five hundred (500).

(6) Twenty-five (25), if the total number of votes cast, as determined under subsection (c) is more than five hundred (500).

(b) As used in this section, "judge" refers only to the judge who is a member of a political party other than the political party of the inspector.

(c) After each electronic voting system has been secured and the paper vote total printouts obtained, the inspector and judge shall record the total number of:

(1) votes cast on all electronic voting systems located within the precinct; and

(2) voters who have received a ballot by signing in at the polls according to the poll lists for each precinct;

to determine if the total number of votes cast on the electronic voting systems differs from the number of voters shown to have received a ballot at the polls according to the poll lists.

(d) The inspector and judge shall record the information set forth in subsection (c) on a form prescribed under IC 3-5-4-8 and provided to each precinct and vote center under IC 3-11-3-10 by the county election board. The inspector and judge shall sign the form before delivering the certificates in accordance with section 4 of this chapter and return the form with the certificates.

(e) If the number of ballots received at the polls differs from the total number of voters shown on the poll lists, the inspector and judge shall report this fact in writing to the county election board together with the reasons for the discrepancy, if known, at the time that the inspector and judge return the precinct poll list to the board on the form required under subsection (d).

(f) The county election board shall compile the following information into a single document listing for each precinct:

(1) The number of votes cast on the electronic voting systems in the precinct, as shown on the form required for the precinct under subsection (d).

(2) The number of voters who cast ballots on the electronic voting systems as shown on the form required for the precinct under subsection (d).

(3) The number of absentee ballots returned by voters of the precinct.

(4) The number of absentee ballots described in subdivision (3) that were counted.

(5) The difference between the number in subdivision (1) and the number in subdivision (2).

Not later than noon on the second Friday following the election, the county election board shall discuss and publish the document described in this subsection at a public hearing and immediately make the document available for inspection and copying by any voter of the county.

(g) If the number determined under subsection (f)(5) is greater than or equal to the audit threshold number, then the county election board or the secretary of state may order an audit of all the votes cast in that precinct under this section. Before ordering an audit, the county election board shall recheck the computations reported by the inspector and judge under subsection (c).

(h) The county election board shall confirm that the votes cast in an election:

(1) for each candidate and each public question; and

(2) on a direct record electronic voting system in the precinct;

were correctly counted.

(i) The county election board shall conduct an audit by means of tests and procedures that are approved by the commission and independent of the provider of the direct record electronic voting system being audited.

(j) The county election board shall certify the results of the audit not later than noon thirty (30) days after the election. The certification must be on the form prescribed by the election division. One (1) copy shall be filed with the election returns, and one (1) copy must be delivered to the election division.

(k) Public notice of the time and place of an audit shall be given at least forty-eight (48) hours before the audit. The notice shall be published once in accordance with IC 5-3-1-1.5. However, if publication in accordance with IC 5-3-1-1.5 will not allow the county election board to certify the results of the audit within thirty (30) days after the election, notice shall be given by posting at or near the office of the county election board.

(l) Not later than ninety (90) days after each election in which an audit is conducted under this section, the secretary of state shall publish a report stating whether the results of each audit indicate that the discrepancy was the result of human error, intentional violations of election laws, unknown causes, or a combination of these factors.

As added by P.L.64-2014, SEC.71. Amended by P.L.76-2014, SEC.55; P.L.169-2015, SEC.148; P.L.210-2018, SEC.9; P.L.157-2026, SEC.5.

IC 3-12-4Chapter 4. Canvassing Returns by County Election Board

3-12-4-1Members of county election board to canvass votes in county 3-12-4-2Repealed 3-12-4-3Compensation of members of county election board 3-12-4-4Employment of clerical assistants and write-in teams; nonpartisan student assistants 3-12-4-5Compensation of clerical assistants 3-12-4-5.5Chapter establishes standards to define vote 3-12-4-6Canvass of certificates, poll lists, and tally papers returned by inspectors; providing room in courthouse 3-12-4-6.3Entering of unofficial election results into computerized list beginning on election night 3-12-4-6.5Required use of a universal serial bus (USB) drive containing anti-malware protection features or other approved data storage transfer methods to upload unofficial election results 3-12-4-7Counties over 300,000; providing of assembly room 3-12-4-8Examination and comparison of certificates, poll lists, and tally sheets; aggregating and tabulating vote for county and political subdivision 3-12-4-9Declaration of candidate with highest vote count; tabulation of votes for public question; certification of results 3-12-4-10Statement prepared by circuit court clerk; contents; copy for candidate 3-12-4-11Statement prepared by circuit court clerk; signature of county election board 3-12-4-12Statement prepared by circuit court clerk; copies to county chairman of each political party upon request 3-12-4-13Delivery of canvass sheets, certificates, poll lists, and tally papers to circuit court clerk 3-12-4-14Tie votes 3-12-4-15Conditions prohibiting rejection of certificates, poll lists, or tally papers; return from precinct election board 3-12-4-16Repealed 3-12-4-17Repealed 3-12-4-18Electronic voting systems; inspection of registering counter or other recording device; filing notice of order with secretary of state; time 3-12-4-19Electronic voting systems; place of inspection; presence of accredited representative of each major political party 3-12-4-20Electronic voting systems; comparison of number of votes registered on counter with returns made by precinct election board 3-12-4-21Electronic voting systems; discrepancy between number of votes registered and returns made by precinct election board; correction 3-12-4-22Contested election or nomination; recount; corrected returns as prima facie evidence of vote 3-12-4-23Tally papers