IC 3-12-3.5
Chapter 3.5. Counting of Electronic Voting System Votes
IC 3-12-3.5-1
Application of chapter
Sec. 1. This chapter applies to each precinct where voting is by
electronic voting system.
As added by P.L.3-1987, SEC.356.
IC 3-12-3.5-1.1
Chapter establishes standards to define vote
Sec. 1.1. This chapter is enacted to comply with 42 U.S.C. 15481
by establishing uniform and nondiscriminatory standards to define
what will be counted as a vote on an electronic voting system.
As added by P.L.209-2003, SEC.184.
IC 3-12-3.5-1.5
Closing of all polls located in one room before vote count
Sec. 1.5. Except as provided in section 7 of this chapter, if the
polls for more than one (1) precinct are located in the same room, the
inspector of a precinct using the room may not begin the vote
counting procedure until all the polls in the room are officially closed
and no more persons are waiting in line to vote.
As added by P.L.10-1988, SEC.127. Amended by P.L.3-1995,
SEC.125.
IC 3-12-3.5-2
Announcement that printout of vote available for examination
Sec. 2. After each electronic voting system has been secured and
the paper vote total printouts obtained, the inspector shall announce
in a distinct tone of voice that the printouts are available for
inspection by the members of the precinct election board and any
watchers present within the polls. The members and watchers are
entitled to inspect and copy the printouts to document the votes cast
for:
(1) each candidate on each system; and
(2) each public question on each system.
As added by P.L.3-1987, SEC.356. Amended by P.L.221-2005,
SEC.102.
IC 3-12-3.5-3
Certificates of vote result
Sec. 3. (a) When paper vote total printouts have been obtained,
the precinct election board shall prepare certificates stating the
number of votes that each candidate received for each office and the
votes on each public question by attaching the paper vote total
printouts to certificate forms supplied by the county election board.
(b) Each member of the board shall be given a copy of the
certificate.
(c) If a precinct election board administers more than one (1)
precinct, the board shall keep the ballots cast in each precinct
separate from ballots cast in any other precinct, so that the votes cast
for each candidate and on each public question in each of the
precincts administered by the board may be determined.
As added by P.L.3-1987, SEC.356. Amended by P.L.230-2005,
SEC.58.
IC 3-12-3.5-4
Delivery of certificates
Sec. 4. The inspector and judge of the opposite political party
shall deliver the certificates prepared under section 3 of this chapter
and the list of voters to the county election board by midnight on
election day. However, if:
(1) an electronic voting system failed;
(2) the failure of the system was reported as required by this
title;
(3) paper ballots were used in place of the system; and
(4) the use of the paper ballots caused a substantial delay in the
vote counting process;
then the certificates, the list of voters, and the tally papers shall be
delivered as soon as possible.
As added by P.L.3-1987, SEC.356. Amended by P.L.3-1993,
SEC.186.
IC 3-12-3.5-5
News media certificate
Sec. 5. Immediately upon completion of the vote count, each
precinct election board shall make and sign a certificate for the news
media showing the total number of votes received by each candidate
in the precinct. The inspector and judge of the opposite political
party shall deliver the certificate to the circuit court clerk at the same
time that the certificates, the list of voters, and the tally papers are
delivered under section 4 of this chapter. The circuit court clerk
immediately shall deliver the certificate made for the news media to
any person designated to receive the certificate by the editors of the
newspapers published in the county or by the managers of the radio
and television stations operating in the county. The county election
board shall furnish each precinct election board with the forms on
which the certificates are to be prepared.
As added by P.L.3-1987, SEC.356.
IC 3-12-3.5-6
Vote count to continue to completion
Sec. 6. To minimize the delay in the counting of the vote,
canvassing must begin immediately upon the closing of the polls and
continue without interruption until all the votes are canvassed and all
certificates of the vote required under section 3 of this chapter are
completed and delivered to the persons entitled to receive the
certificates.
As added by P.L.3-1987, SEC.356.
IC 3-12-3.5-7
Absentee ballots
Sec. 7. (a) The precinct election board may count absentee ballots
before the polls have closed.
(b) If the precinct election board counts absentee ballots under
this section, a member of the precinct election board may not, before
the polls have closed, provide any person other than a member of the
precinct election board with information concerning the number of
votes:
(1) a candidate received for an office; or
(2) cast to approve or reject a public question;
on absentee ballots counted under this section.
As added by P.L.3-1995, SEC.126.