CHAPTER 14. VOTING BY ELECTRONIC VOTING SYSTEM
IC 3-11-14
Chapter 14. Voting by Electronic Voting System
IC 3-11-14-1
Applicability of chapter
Sec. 1. This chapter applies to each precinct where voting is by
electronic voting system.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-2
County election board use of electronic voting system; where
permitted
Sec. 2. A county election board may use an approved electronic
voting system:
(1) in any election;
(2) in all or in some of the precincts within a political
subdivision holding an election; and
(3) instead of or in combination with any other voting method.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-3
Ballot labels
Sec. 3. (a) The county election board shall furnish ballot labels
prepared as required by section 3.5 of this chapter.
(b) The county election board shall have the ballot labels printed:
(1) in black ink on clear white material;
(2) in the size that will fit on an electronic system; and
(3) in plain, clear type as space will reasonably permit.
As added by P.L.3-1987, SEC.327. Amended by P.L.58-2005,
SEC.21.
IC 3-11-14-3.5
Ballot information; arrangement
Sec. 3.5. (a) Each county election board shall have the names of
all candidates for all elected offices, political party offices, and
public questions printed on ballot labels for use in an electronic
voting system as provided in this chapter.
(b) The county may:
(1) print all offices and public questions on a single ballot label;
and
(2) include a ballot variation code to ensure that the proper
version of a ballot label is used within a precinct.
(c) Each type of ballot label or paster must be of uniform size and
of the same quality and color of paper (except as permitted under
IC 3-10-1-17).
(d) The nominees of a political party or an independent candidate
or independent ticket (described in IC 3-11-2-6) nominated by
petitioners must be listed on the ballot label with the name and
device set forth on the certification or petition. The circle containing
the device may be of any size that permits a voter to readily identify
the device. IC 3-11-2-5 applies if the certification or petition does not
include a name or device, or if the same device is selected by two (2)
or more parties or petitioners.
(e) The ballot labels must list the offices on the general election
ballot in the order listed in IC 3-11-2-12, IC 3-11-2-12.2,
IC 3-11-2-12.5, IC 3-11-2-12.7(b), IC 3-11-2-12.9(a), IC 3-11-2-13(a)
through IC 3-11-2-13(c), IC 3-11-2-14(a), and IC 3-11-2-14(d). Each
office and public question may have a separate screen, or the offices
and public questions may be listed in a continuous column either
vertically or horizontally. However, school board offices, public
questions concerning the retention of a justice or judge, local
nonpartisan judicial offices, and local public questions shall be
placed at the beginning of separate columns or pages.
(f) The name of each office must be printed in a uniform size in
bold type. A statement reading substantially as follows must be
placed immediately below the name of the office and above the name
of the first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office.".
(g) Below the name of the office and the statement required by
subsection (f), the names of the candidates for each office must be
grouped together in the following order:
(1) The major political party whose candidate received the
highest number of votes in the county for secretary of state at
the last election is listed first.
(2) The major political party whose candidate received the
second highest number of votes in the county for secretary of
state is listed second.
(3) All other political parties listed in the order that the parties'
candidates for secretary of state finished in the last election are
listed after the party listed in subdivision (2).
(4) If a political party did not have a candidate for secretary of
state in the last election or a nominee is an independent
candidate or independent ticket (described in IC 3-11-2-6), the
party or candidate is listed after the parties described in
subdivisions (1), (2), and (3).
(5) If more than one (1) political party or independent candidate
or ticket described in subdivision (4) qualifies to be on the
ballot, the parties, candidates, or tickets are listed in the order
in which the party filed its petition of nomination under
IC 3-8-6-12.
(6) A space for write-in voting is placed after the candidates
listed in subdivisions (1) through (5), if required by law.
(7) The name of a write-in candidate may not be listed on the
ballot.
(h) The names of the candidates grouped in the order established
by subsection (g) must be printed in type with uniform capital letters
and have a uniform space between each name. The name of the
candidate's political party, or the word "Independent", if the:
(1) candidate; or
(2) ticket of candidates for:
(A) President and Vice President of the United States; or
(B) governor and lieutenant governor;
is independent, must be placed immediately below or beside the
name of the candidate and must be printed in uniform size and type.
(i) All the candidates of the same political party for election to
at-large seats on the fiscal or legislative body of a political
subdivision must be grouped together:
(1) under the name of the office that the candidates are seeking;
(2) in the party order established by subsection (g); and
(3) within the political party, in alphabetical order according to
surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) of ANY party for this office.".
(j) Candidates for election to at-large seats on the governing body
of a school corporation must be grouped:
(1) under the name of the office that the candidates are seeking;
and
(2) in alphabetical order according to surname.
A statement reading substantially as follows must be placed
immediately below the name of the office and above the name of the
first candidate: "Vote for not more than (insert the number of
candidates to be elected) candidate(s) for this office.".
(k) The cautionary statement described in IC 3-11-2-7 must be
placed at the top or beginning of the ballot label before the first
office is listed.
(l) The instructions described in IC 3-11-2-8, IC 3-11-2-10(c), and
IC 3-11-2-10(d) may be:
(1) placed on the ballot label; or
(2) posted in a location within the voting booth that permits the
voter to easily read the instructions.
(m) The ballot label must include a touch sensitive point or button
for voting a straight political party or independent ticket (described
in IC 3-11-2-6) by one (1) touch, and the touch sensitive point or
button must be identified by:
(1) the name of the political party or independent ticket; and
(2) immediately below or beside the political party's or
independent ticket's name, the device of that party or ticket
(described in IC 3-11-2-5).
The name and device of each party or ticket must be of uniform size
and type, and arranged in the order established by subsection (g) for
listing candidates under each office. The instructions described in
IC 3-11-2-10(b) for voting a straight party ticket and the statement
concerning presidential electors required under IC 3-10-4-3 may be
placed on the ballot label or in a location within the voting booth that
permits the voter to easily read the instructions.
(n) A public question must be in the form described in
IC 3-11-2-15(a) and IC 3-11-2-15(b), except that a touch sensitive
point or button must be used instead of a square. Except as expressly
authorized or required by statute, a county election board may not
print a ballot label that contains language concerning the public
question other than the language authorized by a statute.
(o) The requirements in this section:
(1) do not replace; and
(2) are in addition to;
any other requirements in this title that apply to ballots for electronic
voting systems.
(p) The procedure described in IC 3-11-2-16 must be used when
a ballot label does not comply with the requirements imposed by this
title or contains another error or omission that might result in
confusion or mistakes by voters.
As added by P.L.58-2005, SEC.22.
IC 3-11-14-4
Distinctive party ballot labels
Sec. 4. Political parties may be distinguished in a primary election
by the use of different color ballot labels. The party device for a
political party that has been adopted in accordance with IC 3-8 and
the party name or other designation shall be prefixed to the list of
candidates of the party.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-5
Sample ballots; provision; specifications
Sec. 5. The election division shall provide each county election
board with the number of sample ballots the county election board
considers adequate for each precinct. The sample ballots must be:
(1) exact copies of the official ballots furnished by the election
division; and
(2) printed on different color paper from the official ballots.
As added by P.L.3-1987, SEC.327. Amended by P.L.2-1996,
SEC.196; P.L.3-1997, SEC.326.
IC 3-11-14-6
Separate packaging and delivery of sample ballots
Sec. 6. The election division shall enclose the sample ballots in a
separate wrapper or envelope from that of other papers delivered by
the election division to the circuit court clerk and deliver them to the
clerk or the messenger authorized by the clerk to receive the ballots.
As added by P.L.3-1987, SEC.327. Amended by P.L.2-1996,
SEC.197; P.L.3-1997, SEC.327.
IC 3-11-14-7
Sample ballots; number and arrangement
Sec. 7. Each county election board shall provide the number of
sample ballots the county election board considers adequate for each
precinct of the county. The county election board shall arrange the
sample ballots in the form of a diagram showing the entire front of
an electronic voting system as it will appear on the official ballots
printed under the jurisdiction of the election division and the county
election board. However, if presidential electors are to be voted for
at an election, then the ballot label of each political party or
independent ticket must be in the form prescribed by IC 3-10-4-1.
As added by P.L.3-1987, SEC.327. Amended by P.L.3-1993,
SEC.171; P.L.2-1996, SEC.198; P.L.3-1997, SEC.328.
IC 3-11-14-8
Electronic voting system display before election; posting sample
ballots
Sec. 8. (a) Each county election board may make available at
convenient places throughout the county electronic voting systems
for the instruction of the voters. The board shall locate the systems
at places where people usually assemble, such as shopping centers.
The board shall have the systems attended at convenient hours
designated by the board by persons able to instruct others in their
use. The county chairmen of the major political parties of the state
must approve the persons attending the systems under this section.
(b) This subsection applies to a county having a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000). At least ten (10) days before an
election, each county election board shall duplicate, distribute, and
cause to be posted copies of official sample ballots:
(1) received from the election division; and
(2) prepared by the county election board;
to schools, fire stations, county courthouses, and other public
buildings in the county.
As added by P.L.3-1987, SEC.327. Amended by P.L.7-1991, SEC.7;
P.L.12-1992, SEC.11; P.L.3-1993, SEC.172; P.L.2-1996, SEC.199;
P.L.3-1997, SEC.329.
IC 3-11-14-9
Information contained in instructional models
Sec. 9. Each electronic voting system used for instructional
purposes must contain the names of all candidates and a description
of all public questions as they will appear on the official sample
ballot on election day. However, the systems may not be set to record
a tally or total.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-10
Ballot labels; installation
Sec. 10. Each county election board shall, before election day,
have the proper ballot labels prepared as required by section 3.5 of
this chapter and put on each electronic voting system.
As added by P.L.3-1987, SEC.327. Amended by P.L.3-1993,
SEC.173; P.L.58-2005, SEC.23.
IC 3-11-14-11
Rotation of candidate names on ballot system
Sec. 11. A county election board may require that the names of
candidates for nomination at a primary election be rotated
alphabetically on electronic voting systems. If the board does so, the
names shall be rotated by precincts in regular serial sequence, so that
each name of a list or group of candidates for an office appears upon
the systems an equal number of times, as nearly as practicable, at the
top, at the bottom, and in each intermediate place under the title of
the office sought.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-12
School district elections; arrangement of candidate names
Sec. 12. In school district elections, the county election board
shall arrange the names of candidates in alphabetical order on an
electronic voting system as required by section 3.5 of this chapter.
As added by P.L.3-1987, SEC.327. Amended by P.L.58-2005,
SEC.24.
IC 3-11-14-13
Preparation and adjustment of system before delivery
Sec. 13. (a) Before an electronic voting system is delivered to a
precinct, the county election board shall have the system put in order,
set and adjusted, and ready for use in voting. As part of the system's
preparation, the county election board may conduct any of the
comparisons and determinations required under section 17 of the
chapter. However, notwithstanding any action taken by the county
election board, each precinct election board must also perform the
comparisons and determinations required under section 17 of this
chapter before the opening of the polls. The board may employ one
(1) or more competent persons to prepare systems in accordance with
this section.
(b) While acting under subsection (a), the county election board
may restrict access to parts of the room where voting systems and
other election material are being handled to safeguard this material.
As added by P.L.3-1987, SEC.327. Amended by P.L.3-1997,
SEC.330; P.L.221-2005, SEC.89.
IC 3-11-14-14
Delivery of system to polls
Sec. 14. Each county election board shall have each electronic
voting system, along with all necessary furniture and appliances that
go with the system at the polls, delivered to the appropriate precinct
not later than 6 p.m. of the day before election day. The county
executive shall provide transportation for the system if requested to
do so by the county election board.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-15
Examination of system and sample ballots upon delivery
Sec. 15. (a) After the delivery of an electronic voting system to a
precinct, the precinct election board may meet at the polls on the
same day, open the package containing the sample ballots, and, if
necessary, examine the ballot label, to determine whether the system
is ready for use in accordance with section 11 of this chapter. If a
system is not in compliance with that section, the board shall
immediately label, set and adjust, and place the system in order or
have it done.
(b) While acting under subsection (a), the precinct election board
may restrict access to parts of the room where voting systems and
other election material are being handled to safeguard this material.
As added by P.L.3-1987, SEC.327. Amended by P.L.3-1997,
SEC.331.
IC 3-11-14-16
Preparation at polls before opening
Sec. 16. On the morning of election day, the precinct election
officers shall meet at the polls at least one (1) hour before the time
for opening the polls. The inspector then shall have:
(1) the boundaries of the chute designated;
(2) the sample ballots and instruction cards posted; and
(3) everything put in readiness for the commencement of voting
at the opening of the polls.
As added by P.L.3-1987, SEC.327. Amended by P.L.221-2005,
SEC.90.
IC 3-11-14-17
Preparation at polls before opening; system check; certification
Sec. 17. (a) Before the opening of the polls, each precinct election
board shall:
(1) compare the ballot label on each electronic voting system
with the sample ballot to see that it is correct;
(2) see that the system records zero (0) votes for each candidate
and on each public question; and
(3) see that the system is otherwise in perfect order.
(b) After the system is in perfect order for voting, the precinct
election board may not permit the counters to be operated except by
voters in voting. The board then shall certify that the ballot labels
and the sample ballots are in agreement. Forms shall be provided for
certification, and the certification shall be filed with the election
returns.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-18
Posting of sample ballots
Sec. 18. The inspector of each precinct, or a person under the
direction of the inspector, shall post sample ballots near the entrance
of the chute for the precinct. The ballots must be available for public
inspection throughout election day.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-19
Failure of equipment; supply of paper ballots and voting booths
Sec. 19. Each county election board shall be at its office from 5
a.m. until 6 p.m. on election day. Upon notice that an electronic
voting system is out of order or fails to work, the board shall be
ready between those hours to deliver to any precinct in the county:
(1) necessary paper ballots;
(2) election booths with an adequate number of stalls;
(3) ballot boxes; and
(4) all necessary supplies and equipment as required by law.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-20
Location of voting system; secrecy
Sec. 20. The exterior of an electronic voting system and each area
of the polls must be in plain view of the precinct election board. Each
system shall be placed so that a person voting on the opposite side of
the railing or a person on the outside of the polls cannot see or
determine how a voter votes. The inspector, judges, and poll clerks
may not remain or allow any other person to remain in a position or
near a position that would permit them to see or ascertain how a
voter votes.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-21
Regulation of voting system area
Sec. 21. After the opening of the polls, the inspector, judges, and
poll clerks may not allow any person to pass within the railing to the
part of the room where an electronic voting system is situated, except
for the purpose of voting. Except as provided in IC 3-11-9, they may
not permit more than one (1) voter at a time to be in the part of the
room where an electronic voting system is situated.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-22
Explanation of manner of voting to voter
Sec. 22. After a voter has signed the poll list, both judges, on
request, shall give an explanation of the manner of voting.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-23
Voting procedure; standards to define a vote; rights of a voter in
casting ballot
Sec. 23. (a) This section is enacted to comply with 42 U.S.C.
15481 by establishing uniform and nondiscriminatory standards to
define what constitutes a vote on an electronic voting system.
(b) If a voter is not challenged by a member of the precinct
election board, the voter may pass the railing to the side where an
electronic voting system is and into the voting booth. There the voter
shall register the voter's vote in secret by indicating:
(1) the candidates for whom the voter desires to vote by
touching a device on or in the squares immediately above the
candidates' names;
(2) if the voter intends to cast a write-in vote, a write-in vote by
touching a device on or in the square immediately below the
candidates' names and printing the name of the candidate in the
window provided for write-in voting; and
(3) the voter's preference on each public question by touching
a device above the word "yes" or "no" under the question.
(c) If an election is a general or municipal election and a voter
desires to vote for all the candidates of one (1) political party or
group of petitioners, the voter may cast a straight party ticket by
touching that party's device. The voter's vote shall then be counted
for all the candidates under that name. However, if the voter casts a
vote by touching the circle of an independent ticket comprised of two
(2) candidates, the vote shall not be counted for any other
independent candidate on the ballot.
(d) As provided by 42 U.S.C. 15481, a voter casting a ballot on an
electronic voting system must be:
(1) permitted to verify in a private and independent manner the
votes selected by the voter before the ballot is cast and counted;
(2) provided the opportunity to change the ballot or correct any
error in a private and independent manner before the ballot is
cast and counted, including the opportunity to receive a
replacement ballot if the voter is otherwise unable to change or
correct the ballot; and
(3) notified before the ballot is cast regarding the effect of
casting multiple votes for the office and provided an
opportunity to correct the ballot before the ballot is cast and
counted.
As added by P.L.3-1987, SEC.327. Amended by P.L.4-1991,
SEC.109; P.L.3-1993, SEC.174; P.L.209-2003, SEC.162;
P.L.58-2005, SEC.25; P.L.164-2006, SEC.117.
IC 3-11-14-24
Voting booth arrangement; additional instructions
Sec. 24. (a) Only one (1) voter may occupy a booth at one time.
Booths shall be constructed and arranged so that all members of the
precinct election board can see whether more than one (1) voter
enters a booth at any one time.
(b) If a voter needs additional instruction after entering the voting
booth, the voter may request assistance from the two (2) judges. The
two (2) judges shall then approach but not enter the booth and call
out additional instructions to the voter.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-25
Post-vote casting procedure
Sec. 25. After voting, the voter shall immediately leave the booth
and announce to the poll clerks that the voter has voted. The poll
clerks shall write a voting mark after the voter's name, and the voter
shall leave the room.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-26
Time limits in voting booth; primary election
Sec. 26. At a primary election, a voter may not remain in the
voting booth longer than three (3) minutes.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-27
Time limits in voting booth; general election
Sec. 27. At a general, municipal, or special election, a voter may
not remain in the voting booth longer than two (2) minutes.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-28
Voter refusal to leave voting booth
Sec. 28. If a voter refuses to leave a voting booth after the lapse
of time prescribed by section 26 or 27 of this chapter, the precinct
election board, or the election sheriff or sheriffs upon the order of the
board, shall immediately remove the voter from the booth.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-29
Disclosure of vote by voter before its registration; effect
Sec. 29. If a voter shows or discloses to another person the
candidates voted for or how the voter voted on a public question
before the vote is registered, the vote may not be registered on the
electronic voting system. A record of the occurrence shall be made
on the poll list, and the voter may not vote again at the election.
As added by P.L.3-1987, SEC.327. Amended by P.L.10-1988,
SEC.122.
IC 3-11-14-30
Securing system at poll closing
Sec. 30. Subject to IC 3-12-2-5, as soon as the polls are closed, the
inspector, in the presence of the judges and poll clerks, immediately
shall secure each electronic voting system against voting and obtain
at least one (1) paper printout of the total votes cast for each
candidate and on each public question in that precinct.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-31
Printouts of vote; computer memory pack removal
Sec. 31. As soon as the paper printouts of the vote count are
obtained, the inspector shall close the system and remove the
computer memory pack from the system. The inspector and the judge
of the opposite political party shall then transport the computer
memory packs and each electronic voting system to the county
election board.
As added by P.L.3-1987, SEC.327. Amended by P.L.3-1993,
SEC.175.
IC 3-11-14-32
Certificate of vote; return of papers to circuit court clerk
Sec. 32. The certificates of the number of votes cast for each
person shall be made and signed as required by IC 3-12, and the
precinct election officers shall make and sign all statements of the
number of votes required by law in duplicate, triplicate, or otherwise.
The certificates and other papers shall be returned to the circuit court
clerk in the same manner and with the same penalties that are
prescribed in IC 3-12 for election returns from precincts in which
electronic voting systems are not used.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-33
Municipal election use of system
Sec. 33. If a county has procured electronic voting systems for
use, the systems may be used at a municipal election. If there are not
sufficient systems on hand for each precinct of the municipality, the
county election board shall determine in what precincts systems will
be used at the election.
As added by P.L.3-1987, SEC.327.
IC 3-11-14-34
Municipal elections; supplies furnished; expenses
Sec. 34. (a) If electronic voting systems are used in a municipal
election, the county election board shall furnish to the municipality:
(1) the requisite number of systems; and
(2) all the furniture and appliances that go with the systems.
(b) However, the municipality shall pay the expenses of moving
the systems and furniture to and from the polls and also for any
damage or loss to the systems or furniture.
As added by P.L.3-1987, SEC.327.