§ 3-12-3.5-4.5 — Securing and returning electronic poll books, voting systems to county election board

Indiana § 3-12-3.5-4.5

• Jurisdiction: Indiana
• Art. 12: ASCERTAINING RESULTS OF ELECTIONS
• Ch. 3.5: Counting of Electronic Voting System Votes

Text

5. (a) This section does not apply to an
electronic poll book or voting system subject to an impoundment order
issued by a court or a recount commission until the impoundment order
is rescinded.
(b) This subsection applies to an electronic poll book. The inspector
and judge of the opposite political party shall immediately deliver all
electronic poll books from a precinct polling location or vote center to
the county election board with the other election material described in
IC 3-12-3-2(b). The county election board shall secure the electronic
poll books in accordance with the requirements of IC 3-11-15-46.
(c) This subsection applies to a voting system. At any time after the
polls close on election day:
(1) the county election board;
(2) teams consisting of at least two (2) individuals 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 return all voting systems from the polls for the precinct or from
the vote centers to a storage facility to be secured under IC 3-11-15-46.
(d) The county election board may not:
(1) designate any individual to serve on a 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 return a voting system.
(e) If a county election board uses the teams or a commercial
delivery entity described in subsection (c), 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
(f).
(f) The certificate required in subsection (e) must be signed by the
two (2) members of each team described in subsection (c) or by an
individual authorized to act on behalf of the commercial delivery entity
described in subsection (c). 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 at the polls and ending when the voting
systems were returned to the location designated for securing
voting systems under IC 3-11-15-46.
(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 location when the system was returned.
(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.
(g) Immediately upon any return of a voting system, the completed
certificate must be filed with the county election board.

Legislative History

As added by P.L.193-2021, SEC.91. Amended by P.L.227-2023, SEC.121.