This text of Indiana § 3-11-18.1-12 (Electronic poll books at vote centers; application for certification;
examination by VSTOP; report; approval of certification; expiration of
certification; display or demonstration of uncertified electronic poll
book) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Notwithstanding section 1 of this
chapter, this section applies to an electronic poll book to be used in:
(1)a precinct polling place, office of the circuit court clerk, or a
satellite office in accordance with IC 3-7-29-6; or
(2)a vote center under this chapter.
(b)Notwithstanding any other law, the electronic poll book used
must satisfy all of the following:
(1)The electronic poll book must comply with IC 3-11-8-10.3.
(2)The electronic poll book must be approved by the secretary of
state in accordance with this section.
(3)Except with prior written authorization by the VSTOP, the
electronic poll book must have been delivered to the county
election board not less than sixty (60) days before an election at
which the electronic poll book is used.
(c)A person who wishes to market,
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(a) Notwithstanding section 1 of this
chapter, this section applies to an electronic poll book to be used in:
(1) a precinct polling place, office of the circuit court clerk, or a
satellite office in accordance with IC 3-7-29-6; or
(2) a vote center under this chapter.
(b) Notwithstanding any other law, the electronic poll book used
must satisfy all of the following:
(1) The electronic poll book must comply with IC 3-11-8-10.3.
(2) The electronic poll book must be approved by the secretary of
state in accordance with this section.
(3) Except with prior written authorization by the VSTOP, the
electronic poll book must have been delivered to the county
election board not less than sixty (60) days before an election at
which the electronic poll book is used.
(c) A person who wishes to market, sell, lease, or provide an
electronic poll book for use in an election in Indiana must first file an
application for certification with the election division on a form
prescribed by the secretary of state. Except as provided in subsection
(i), a person may not market, sell, lease, or provide an electronic poll
book for use in an election in Indiana until the secretary of state has
approved the application for certification under this section. The
application must state that the vendor has complied, and will continue
to comply, with subsection (d) following certification of the electronic
poll book. Each application for certification of an electronic poll book
must be accompanied by a fee of one thousand five hundred dollars
($1,500). However, this fee does not apply to an application for a de
minimis change. All fees collected under this section shall be deposited
with the treasurer of state in the voting system technical oversight
program account established by IC 3-11-17-6.
(d) The person seeking certification of an electronic poll book shall
conduct a background check at least once each year on each individual
employed or contracted by the vendor who has access to the electronic
poll book to determine if the individual has been convicted of a felony.
An individual described by this subsection who has been convicted of
a felony may not have access to an electronic poll book in the
individual's capacity as an employee or contractor of the vendor.
(e) The secretary of state shall refer the application to the person or
entity conducting the VSTOP.
(f) The VSTOP shall examine the electronic poll book with its
accompanying documentation and file a report with the secretary of
state indicating all of the following:
(1) Whether the electronic poll book would operate in compliance
with this title.
(2) Whether VSTOP has reviewed tests conducted by an approved
voting system testing laboratory.
(3) Whether VSTOP has conducted a field test.
(4) Whether the electronic poll book complies with additional
requirements for the electronic poll book application for
certification and acceptance testing, as described in the Indiana
Electronic Poll Book Certification Test Protocol approved by the
secretary of state (as in effect January 1, 2023).
(5) Any recommendations regarding the acquisition or use of the
electronic poll book.
(6) Whether documentation of the escrow of the electronic poll
book's software, firmware, source codes, and executable images
with an escrow agent approved by the election division has been
received by VSTOP.
(7) Whether VSTOP recommends that the secretary of state
approve the electronic poll book under this section, including any
recommended restrictions that should be placed on the secretary
of state's approval.
(g) After the report required by subsection (f) is filed, the secretary
of state may approve the application for certification permitting the
electronic poll book to be used in an election in Indiana.
(h) A certification under this section expires on December 31 of the
year following the date of its issuance, unless earlier revoked by the
secretary of state upon a written finding of good cause for the
revocation, including a violation of IC 3-11-17-7(b).
(i) A person may display or demonstrate an electronic poll book that
has not been certified under this section if the person complies with all
the following requirements:
(1) The display or demonstration occurs at a conference of
election officials sponsored by:
(A) a state agency; or
(B) an association of circuit court clerks or voter registration
officers.
(2) The person files a notice with the election division at least
seven (7) days before the scheduled starting date of a conference
referred to in subdivision (1) setting forth the following:
(A) The name of the person and each representative scheduled
to display or demonstrate the electronic poll book.
(B) The address and telephone number of the person.
(C) The model name of the electronic poll book.
(D) The name and manufacturer of the electronic poll book.
(E) The date and location of the display or demonstration of the
electronic poll book.
(3) The person displays the electronic poll book with a notice that:
(A) is at least 16 point type size;
(B) is posted on the surface of the electronic poll book; and
(C) states that the electronic poll book is "Not Approved for
Use in Indiana".
(4) The person ensures that each communication concerning the
electronic poll book that is available or made at a conference
referred to in subdivision (1) includes a statement that the
electronic poll book is "Not Approved for Use in Indiana". A
printed communication must include the statement in a type size
that is at least as large as the largest type size used in the
communication.