§ 3-11-17-7 — Improper acquisition of voting system or electronic poll book; improper alteration or access of voter registration data; anomalies; reports, contents

Indiana § 3-11-17-7

• Jurisdiction: Indiana
• Art. 11: VOTING METHODS, SUPPLIES, AND
• Ch. 17: Voting System Violations

Text

(a) A county election board shall file a report
with the secretary of state and the election division not later than
forty-eight (48) hours after receiving notice from a federal, state, or
local government agency that:
(1) a voting system or electronic poll book has been improperly
obtained or altered in a manner that violates Indiana law; or
(2) the data concerning the county maintained in the statewide
voter registration system has been accessed or altered by a person
in violation of Indiana law.
(b) A vendor of a voting system or electronic poll book shall file a
report with the secretary of state and the election division not later than
forty-eight (48) hours after discovering that an anomaly or problem has
occurred in a voting system or electronic poll book due to technical or
human error. However, if the anomaly or problem is discovered less
than twenty-eight (28) days before 11:59 p.m. on election day, the
vendor must file a report not later than two (2) hours after discovering
the anomaly or problem.
(c) The secretary of state and the co-directors of the election
division may designate a person to aggregate, analyze, make
recommendations, and subsequently report anomalies as requested by
the secretary and the co-directors of the election division.
(d) The report described in subsection (b) must state all of the
following:
(1) The nature of the anomaly or problem.
(2) The county, precinct, vote center, satellite office, or in-person
absentee voting location affected.
(3) The vendor's preliminary plan to resolve the anomaly or
problem by preventing any impediment to voters casting ballots,
or to the accuracy and integrity of the election process.
(4) The date and time an anomaly was first experienced or
discovered.
(5) The name and contact information for the individual
discovering or experiencing the anomaly.
(6) The date and time the vendor first became aware of the
anomaly.
(7) The name and contact information of the vendor
representative submitting the report.
(8) Whether the anomaly involved a voting system, an electronic
poll book, or a peripheral component of either a voting system or
electronic poll book.
(9) The system type, make, model, hardware, firmware, and
software version involved, as applicable.
(10) A detailed description of the anomaly and its effect on
election administration.
(11) Any findings related to how and where the current or
previously reported anomaly originated.
(12) Details of any responsive actions, such as investigation,
analysis, determinations, and corrective action implemented or
recommended, taken to address the anomaly and its effects.
(e) After initially reported or otherwise known to a vendor, the
vendor shall report the anomaly using the secretary of state anomaly
reporting platform in the form and manner directed by the secretary of
state and the election division not later than the deadline specified in
subsection (b).
(f) An anomaly caused solely by operator error is not required to be
reported unless a deficiency in user instructions or training is a
contributing factor. The burden of showing an anomaly was the result
of operator error and not a deficiency of user instructions or training
rests with the system vendor.
(g) A vendor must report, not later than fourteen (14) days after
discovery, an anomaly occurring outside Indiana involving the same
election system type, make, model, or component certified for use in
Indiana.
(h) A voting system vendor shall report an anomaly involving a
voting system to the commission and the United States Election
Assistance Commission and file a copy with the secretary of state and
the election division documenting receipt of the report.
(i) Each voting system and electronic poll book vendor shall:
(1) file with the secretary of state and the election division a
statement setting forth the name and contact information for the
vendor that will be reporting anomalies; and
(2) amend this filing not later than seven (7) days after the change
occurs.
(j) The reporting process shall be completed using the secretary of
state anomaly reporting platform as follows:
(1) The secretary of state and the election division will request of
each voting system and electronic poll book vendor the name and
contact information for the vendor representative who will be
reporting anomalies.
(2) The secretary of state anomaly reporting platform will be
made available to each vendor in an online format. Separate
reporting locations in the secretary of state anomaly reporting
platform will be provided to each vendor.
(3) Each vendor will report each anomaly in the online location
provided.
(4) The person designated under IC 3-11-16 by the state to
administer the program will have complete access to the
information submitted through the secretary of state anomaly
reporting platform.
(5) The secretary of state and the election division shall send an
acknowledgment by electronic mail to the vendor upon receiving
the anomaly notification.
(k) A vendor must take reasonable measures to ensure a reported
anomaly does not reoccur and retain documentation of any
investigation, analysis, determinations, and corrective actions
implemented or recommended for at least two (2) years after the
anomaly is reported. Not later than noon fourteen (14) days after
reporting the anomaly, a vendor shall file a corrective plan with the
secretary of state and the election division.

Legislative History

As added by P.L.100-2018, SEC.14. Amended by P.L.71-2019, SEC.28; P.L.193-2021, SEC.66; P.L.227-2023, SEC.110.