§ 3-11-7-15 — Proposed changes to voting system; tests to be conducted before approval; criteria for approval; marketing, sale, lease, or installation of changes; expiration of approval

(a) A vendor may apply for approval of a
proposed improvement or change to a ballot card voting system that is
currently certified by the commission. A proposed improvement or
change may not be marketed, sold, leased, installed, or implemented in
Indiana before the application for the improvement or change is
approved by the commission.
(b) An application for approval of an improvement or change must
be in the form prescribed by the election division.
(c) The vendor applying for approval of an improvement or a
change must have the improvement or change to the voting system
tested by an independent laboratory accredited under 52 U.S.C. 20971.
However, if the commission determines that it is impossible or
impractical to have an independent laboratory conduct tests on a
proposed improvement or change to a ballot card voting system, the
commission may direct that the tests be conducted by any other entity
approved by the commission. The vendor shall pay any testing
expenses incurred under this subsection.
(d) The election division (or the person designated under IC 3-11-16) shall review the proposed improvement or change to the
voting system and the results of the testing by the independent
laboratory under subsection (c) and report the results of the review to
the commission. The review must indicate:
(1) whether the proposed improvement or change has been
approved by an independent laboratory accredited under 52
U.S.C. 20971 or as directed by the commission under subsection
(c);
(2) whether the proposed improvement is a de minimis change or
a modification;
(3) if the proposed improvement or change is a modification,
whether the modification may be installed and implemented
without any significant likelihood that the voting system would be
configured or perform its functions in violation of HAVA or this
title; and
(4) whether the proposed improvement or change would comply
with HAVA and the standards set forth in this chapter and IC 3-11-15.
(e) After the commission has approved the application for an
improvement or change (including a de minimis change) to a ballot
card voting system, the improvement or change may be marketed, sold,
leased, installed, or implemented in Indiana.
(f) An approval of an application under this section expires on the
date specified under section 19(a) of this chapter.
[Pre-1986 Recodification Citation: 3-2-4-3(a) part.]

Legislative History

As added by P.L.5-1986, SEC.7. Amended by P.L.3-1987, SEC.248; P.L.4-1991, SEC.75; P.L.2-1996, SEC.167; P.L.3-1997, SEC.286; P.L.14-2004, SEC.108; P.L.221-2005, SEC.51; P.L.76-2014, SEC.32; P.L.5-2015, SEC.1; P.L.128-2015, SEC.171; P.L.169-2015, SEC.105; P.L.21-2016, SEC.12.