Automatic tabulating machines; testing; reprinting or correction of ballots requiring additional testing

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 22. (a) This section applies to: (1) a ballot card voting system; and (2) a voting system that includes features of a ballot card voting system and a direct record electronic voting system. (b) Not later than seventy-four (74) days before election day, for each county planning to use automatic tabulating machines at the next election, VSTOP shall provide each county election board with a randomly sorted list of unique identification numbers for the inventory of machines in the county maintained under IC 3-11-16-4. Starting at the top of the list, the county election board shall select machines in the list in the order listed so that: (1) if a machine to be selected in the list is not scheduled to be used in the upcoming election, the selection process will move to the next machine in the order listed; (2) each selected machine is scheduled to be used in the upcoming election; and (3) the number of machines selected is not less than five percent (5%) of the machines in the county scheduled by the county election board to be used in the upcoming election. (c) The county election board shall test the machines as described in subsection (b) to ascertain that the machines will correctly do the following: (1) Count the votes cast for straight party tickets, for all candidates (including write-in candidates), and on all public questions. (2) Retract an absentee ballot card of a voter who is later found disqualified or whose ballot may not be counted, in accordance with IC 3-11.5-4-6, before the voter's ballot is tabulated. If an individual attending the public test requests that additional automatic tabulating machines be tested, then the county election board shall select and test additional machines from the list in the manner described in subsection (b). (d) If VSTOP does not provide the lists under subsection (b) not later than sixty (60) days before the election, the county election board shall establish and implement a procedure for random selection of not less than five percent (5%) of the machines in the county to be used in the upcoming election. The county election board shall then test the machines selected as described in subsection (c). (e) Not later than seven (7) days after conducting the test under subsection (c), the county election board shall certify to the election division that the test has been conducted in conformity with subsection (c). The testing under subsection (c) must begin before absentee voting begins in the office of the circuit court clerk under IC 3-11-10-26. (f) Public notice of the time and place shall be given at least forty-eight (48) hours before the test. The notice shall be published once in accordance with IC 5-3-1-4. (g) If a county election board determines that: (1) a ballot: (A) must be reprinted or corrected as provided by IC 3-11-2-16 because of the omission of a candidate, political party, or public question from the ballot; or (B) is an absentee ballot that a voter is entitled to recast under IC 3-11.5-4-2 because the absentee ballot includes a candidate for election to office who: (i) ceased to be a candidate; and (ii) has been succeeded by a candidate selected under IC 3-13-1 or IC 3-13-2; and (2) ballots used in the test conducted under this section were not reprinted or corrected to remove the omission of a candidate, political party, or public question, or indicate the name of the successor candidate; the county election board shall conduct an additional public test described in subsection (c) using the reprinted or corrected ballots. Notice of the time and place of the additional test shall be given in accordance with IC 5-14-1.5, but publication of the notice in accordance with IC 5-3-1-4 is not required. (h) Notwithstanding IC 3-5-4-1.7, a county election board may send a signed form from a public test to the election division by electronic mail or fax.