§ 3-12-3.5-8 — "Audit threshold number"; "judge"; determination of disparity between number of votes and number of voters; public meeting of county election board; audit and notice of audit; secretary of state report

Indiana § 3-12-3.5-8

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

Text

(a) As used in this section, "audit threshold
number" refers to the following number:
(1) One (1), if the total number of votes cast, as determined under
subsection (c), is not more than twenty (20).
(2) Two (2), if the total number of votes cast, as determined under
subsection (c), is:
(A) more than twenty (20); but
(B) not more than forty (40).
(3) Three (3), if the total number of votes cast, as determined
under subsection (c), is:
(A) more than forty (40); but
(B) not more than sixty (60).
(4) Four (4), if the total number of votes cast, as determined under
subsection (c), is:
(A) more than sixty (60); but
(B) not more than eighty (80).
(5) Five percent (5%) of the total number of votes cast, rounded
up to the nearest whole number, if the total number of votes cast,
as determined under subsection (c), is:
(A) more than eighty (80); but
(B) not more than five hundred (500).
(6) Twenty-five (25), if the total number of votes cast, as
determined under subsection (c) is more than five hundred (500).
(b) As used in this section, "judge" refers only to the judge who is
a member of a political party other than the political party of the
inspector.
(c) After each electronic voting system has been secured and the
paper vote total printouts obtained, the inspector and judge shall record
the total number of:
(1) votes cast on all electronic voting systems located within the
precinct; and
(2) voters who have received a ballot by signing in at the polls
according to the poll lists for each precinct;
to determine if the total number of votes cast on the electronic voting
systems differs from the number of voters shown to have received a
ballot at the polls according to the poll lists.
(d) The inspector and judge shall record the information set forth in
subsection (c) on a form prescribed under IC 3-5-4-8 and provided to
each precinct and vote center under IC 3-11-3-10 by the county
election board. The inspector and judge shall sign the form before
delivering the certificates in accordance with section 4 of this chapter
and return the form with the certificates.
(e) If the number of ballots received at the polls differs from the
total number of voters shown on the poll lists, the inspector and judge
shall report this fact in writing to the county election board together
with the reasons for the discrepancy, if known, at the time that the
inspector and judge return the precinct poll list to the board on the form
required under subsection (d).
(f) The county election board shall compile the following
information into a single document listing for each precinct:
(1) The number of votes cast on the electronic voting systems in
the precinct, as shown on the form required for the precinct under
subsection (d).
(2) The number of voters who cast ballots on the electronic voting
systems as shown on the form required for the precinct under
subsection (d).
(3) The number of absentee ballots returned by voters of the
precinct.
(4) The number of absentee ballots described in subdivision (3)
that were counted.
(5) The difference between the number in subdivision (1) and the
number in subdivision (2).
Not later than noon on the second Friday following the election, the
county election board shall discuss and publish the document described
in this subsection at a public hearing and immediately make the
document available for inspection and copying by any voter of the
county.
(g) If the number determined under subsection (f)(5) is greater than
or equal to the audit threshold number, then the county election board
or the secretary of state may order an audit of all the votes cast in that
precinct under this section. Before ordering an audit, the county
election board shall recheck the computations reported by the inspector
and judge under subsection (c).
(h) The county election board shall confirm that the votes cast in an
election:
(1) for each candidate and each public question; and
(2) on a direct record electronic voting system in the precinct;
were correctly counted.
(i) The county election board shall conduct an audit by means of
tests and procedures that are approved by the commission and
independent of the provider of the direct record electronic voting
system being audited.
(j) The county election board shall certify the results of the audit not
later than noon thirty (30) days after the election. The certification must
be on the form prescribed by the election division. One (1) copy shall
be filed with the election returns, and one (1) copy must be delivered
to the election division.
(k) Public notice of the time and place of an audit shall be given at
least forty-eight (48) hours before the audit. The notice shall be
published once in accordance with IC 5-3-1-4. However, if publication
in accordance with IC 5-3-1-4 will not allow the county election board
to certify the results of the audit within thirty (30) days after the
election, notice shall be given by posting at or near the office of the
county election board.
(l) Not later than ninety (90) days after each election in which an
audit is conducted under this section, the secretary of state shall publish
a report stating whether the results of each audit indicate that the
discrepancy was the result of human error, intentional violations of
election laws, unknown causes, or a combination of these factors.

Legislative History

As added by P.L.64-2014, SEC.71. Amended by P.L.76-2014, SEC.55; P.L.169-2015, SEC.148; P.L.210-2018, SEC.9.