§ 3-11-3-10 — Receipt and delivery of ballots, supplies, and electronic poll books, and voting systems

Indiana § 3-11-3-10

• Jurisdiction: Indiana
• Art. 11: VOTING METHODS, SUPPLIES, AND
• Ch. 3: Distribution of Ballots and Other Supplies

Text

(a) Except as otherwise provided in this
section, the inspector of each precinct, or another member of the
precinct election board authorized in writing by the inspector, shall
appear at the office of the county election board of the inspector's
county on the second or third day before election day to receive ballots
and other supplies.
(b) This subsection applies to an electronic poll book. Before
delivery of an electronic poll book to an inspector or the inspector's
authorized representative, the county election board shall:
(1) affix a tamper-proof numbered seal to the electronic poll book
or a secure container that includes a single electronic poll book;
(2) record the number of the seal affixed to each electronic poll
book or container; and
(3) provide a list of the units and the number of the unit's seal to
the inspector.
(c) A county election board may adopt a resolution by the
unanimous vote of the entire membership of the county election board
to use an alternative electronic poll book delivery protocol instead of
using seals under subsection (b). A resolution under this subsection
must set forth the following information:
(1) The method to be used to ensure that an electronic poll book
is not accessed, modified, or tampered with after the electronic
poll book is transferred by the county election board to the
inspector or the inspector's authorized representative for delivery.
(2) The method for a precinct election board or vote center
officers to determine and document on behalf of the county
election board that each electronic poll book was successfully
secured against improper access, modification, or tampering
before delivery to the polling place or vote center.
Before any electronic poll book is delivered to a polling place or vote
center, the resolution must be filed with the election division.
(d) This subsection applies to a voting system. At any time before
election day:
(1) the county election board;
(2) teams consisting of at least two (2) individuals and 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 deliver all voting systems to the polls for the precinct or to the
vote centers.
(e) The county election board may not:
(1) designate any individual to serve on a delivery 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 deliver a voting system.
(f) If a county election board uses the teams or a commercial
delivery entity described in subsection (d), 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
(g).
(g) The certificate required in subsection (f) must be signed by the
two (2) members of each team described in subsection (d) or by an
individual authorized to act on behalf of the commercial delivery
entity. 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 from the county election board and ending
when the voting systems were delivered to the location of the
polling place or vote center.
(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 polling location or vote center when the system was delivered.
(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.
(h) Immediately upon any delivery of a voting system, the
completed certificate must be filed with the county election board.
[Pre-1986 Recodification Citation: 3-1-23-6 part.]

Legislative History

As added by P.L.5-1986, SEC.7. Amended by P.L.71-2019, SEC.9.