§ 3-11-7.5-28 — Expiration of approval of voting system; renewal of approval; notice of request for renewal; conditions

Indiana § 3-11-7.5-28

• Jurisdiction: Indiana
• Art. 11: VOTING METHODS, SUPPLIES, AND
• Ch. 7.5: Approval of Electronic Voting Systems

Text

(a) Except as provided in subsection (g), the
approval of an electronic voting system under this chapter expires
October 1 of the year following the year in which presidential electors
are elected under IC 3-10-2-3.
(b) The vendor of a voting system approved under this chapter may
request that the approval be renewed by filing an application with the
election division.
(c) The application described in subsection (b) must identify all
counties that are currently using the voting system. Before the
commission considers the application for renewal, the election division
shall give notice of the application to the circuit court clerk of each
county listed in the application.
(d) When the commission considers the application, the election
division shall request comments regarding the renewal of the
application from any interested person. Before acting on the application
for renewal, the commission must receive a report from the person
designated under IC 3-11-16 indicating that the hardware, firmware,
and software included in the application for renewal of the voting
system is identical to the version of the voting system previously
certified by the commission.
(e) After receiving the report under subsection (d) and comments
from interested persons, the commission shall approve an application
for renewal under this section if the commission finds that the voting
system:
(1) complies with the standards prescribed under this chapter;
(2) has worked effectively where the system has been used; and
(3) has been adequately supported by the vendor of the system.
(f) If the commission finds that a vendor has marketed, sold, leased,
installed, implemented, or permitted the use of a voting system in
Indiana that:
(1) has not been certified by the commission for use in Indiana; or
(2) includes hardware, firmware, or software in a version that has
not been approved for use in Indiana;
the commission may revoke the approval granted under this section and
prohibit the vendor from marketing, leasing, or selling any voting
system in Indiana for a specific period not to exceed five (5) years.
(g) A vendor subject to subsection (f) may continue to provide
support during the period specified in subsection (f) to a county that
has acquired a voting system from the vendor after the vendor certifies
that the voting system to be supported by the vendor only includes
hardware, firmware, and software approved for use in Indiana.

Legislative History

As added by P.L.3-1993, SEC.143. Amended by P.L.2-1997, SEC.10; P.L.3-1997, SEC.294; P.L.14-2004, SEC.114; P.L.221-2005, SEC.64.