(a)This section applies to:
(1)a ballot card voting system; and
(2)a voting system that includes features of a ballot card voting
system and a direct record electronic voting system.
(b)Not later than seventy-four (74) days before election day, for
each county planning to use automatic tabulating machines at the next
election, VSTOP shall provide each county election board with a
randomly sorted list of unique identification numbers for the inventory
of machines in the county maintained under IC 3-11-16-4. Starting at
the top of the list, the county election board shall select machines in the
list in the order listed so that:
(1)if a machine to be selected in the list is not scheduled to be
used in the upcoming election, the selection process will move to
the next machine in the order
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(a) This section applies to:
(1) a ballot card voting system; and
(2) a voting system that includes features of a ballot card voting
system and a direct record electronic voting system.
(b) Not later than seventy-four (74) days before election day, for
each county planning to use automatic tabulating machines at the next
election, VSTOP shall provide each county election board with a
randomly sorted list of unique identification numbers for the inventory
of machines in the county maintained under IC 3-11-16-4. Starting at
the top of the list, the county election board shall select machines in the
list in the order listed so that:
(1) if a machine to be selected in the list is not scheduled to be
used in the upcoming election, the selection process will move to
the next machine in the order listed;
(2) each selected machine is scheduled to be used in the
upcoming election; and
(3) the number of machines selected is not less than five percent
(5%) of the machines in the county scheduled by the county
election board to be used in the upcoming election.
(c) The county election board shall test the machines as described
in subsection (b) to ascertain that the machines will correctly do the
following:
(1) Count the votes cast for straight party tickets, for all
candidates (including write-in candidates), and on all public
questions.
(2) Retract an absentee ballot card of a voter who is later found
disqualified or whose ballot may not be counted, in accordance
with IC 3-11.5-4-6, before the voter's ballot is tabulated.
If an individual attending the public test requests that additional
automatic tabulating machines be tested, then the county election board
shall select and test additional machines from the list in the manner
described in subsection (b).
(d) If VSTOP does not provide the lists under subsection (b) not
later than sixty (60) days before the election, the county election board
shall establish and implement a procedure for random selection of not
less than five percent (5%) of the machines in the county to be used in
the upcoming election. The county election board shall then test the
machines selected as described in subsection (c).
(e) Not later than seven (7) days after conducting the test under
subsection (c), the county election board shall certify to the election
division that the test has been conducted in conformity with subsection
(c). The testing under subsection (c) must begin before absentee voting
begins in the office of the circuit court clerk under IC 3-11-10-26.
(f) Public notice of the time and place shall be given at least
forty-eight (48) hours before the test. The notice shall be published
once in accordance with IC 5-3-1-4.
(g) If a county election board determines that:
(1) a ballot:
(A) must be reprinted or corrected as provided by IC 3-11-2-16
because of the omission of a candidate, political party, or public
question from the ballot; or
(B) is an absentee ballot that a voter is entitled to recast under
IC 3-11.5-4-2 because the absentee ballot includes a candidate
for election to office who:
(i) ceased to be a candidate; and
(ii) has been succeeded by a candidate selected under IC 3-13-1 or IC 3-13-2; and
(2) ballots used in the test conducted under this section were not
reprinted or corrected to remove the omission of a candidate,
political party, or public question, or indicate the name of the
successor candidate;
the county election board shall conduct an additional public test
described in subsection (c) using the reprinted or corrected ballots.
Notice of the time and place of the additional test shall be given in
accordance with IC 5-14-1.5, but publication of the notice in
accordance with IC 5-3-1-4 is not required.
(h) Notwithstanding IC 3-5-4-1.7, a county election board may send
a signed form from a public test to the election division by electronic
mail or fax.
[Pre-1986 Recodification Citation: 3-2-4-4(f) part.]