Section 3-11-8-10.3 - [Effective 7/1/2024] Electronic poll book; requirements; county election board responsible for care and custody of electronic poll books when not in use(a) A reference to an electronic poll list in a vote center plan adopted under IC 3-11-18.1 before July 1, 2014, is considered to be a reference to an electronic poll book (as defined by IC 3-5-2-20.5), unless otherwise expressly provided in the vote center plan.(b) An electronic poll book must satisfy all of the following: (1) An electronic poll book must be programmed so that the coordinated action of two (2) election officers who are not members of the same political party is necessary to access the electronic poll book.(2) An electronic poll book may not be connected to a voting system. However, the electronic poll book may be used in conjunction with a voting system if both of the following apply:(A) The electronic poll book contains a device that must be physically removed from the electronic poll book by a person and the device is inserted into the voting system, with no hardware or software connection existing between the electronic poll book and the voting system.(B) All data on the device is erased when the device is removed from the voting system and before the device is reinserted into an electronic poll book.(3) An electronic poll book may not permit access to voter information other than: (A) information provided on the certified list of voters prepared under IC 3-7-29-1; or(B) information concerning any of the following received or issued after the electronic poll list has been downloaded by the county election board under IC 3-7-29-6: (i) The county's receipt of an absentee ballot from the voter.(ii) The county's receipt of additional documentation provided by the voter to the county voter registration office.(iii) The county's issuance of a certificate of error. An electronic poll book may not display whether a voter's registration record is in active or inactive status.
(4) The information contained on an electronic poll book must be secure and placed on a dedicated, private server to secure connectivity between a precinct polling place or satellite absentee office and the county election board. The electronic poll book must have the capability of: (A) storing (in external or internal memory) the current local version of the electronic poll list; and(B) producing a list of audit records that reflect all of the idiosyncrasies of the system, including in-process audit records that set forth all transactions.(5) The electronic poll book must permit a poll clerk to enter information regarding an individual who has appeared to vote to verify whether the individual is eligible to vote, and if so, whether the voter has: (A) already received a ballot at the election;(B) returned an absentee ballot; or(C) submitted any additional documentation required under IC 3-7-33-4.5 or IC 3-7-33-4.7.(6) After the voter has been provided with a ballot, the electronic poll book must permit a poll clerk to enter information indicating that the voter has received a ballot.(7) The electronic poll book must transmit the information in subdivision (6) to the county server so that:(A) the server may transmit the information immediately to every other polling place or satellite absentee office in the county; or(B) the server makes the information immediately available to every other polling place or satellite office in the county.(8) The electronic poll book must permit reports to be: (A) generated by a county election board for a watcher appointed under IC 3-6-8 at any time during election day; and(B) electronically transmitted by the county election board to a political party or independent candidate who is eligible to appoint a watcher under IC 3-6-8.(9) On each day after absentee ballots are cast before an absentee voter board in the circuit court clerk's office, a satellite office, or a vote center, and after election day, the electronic poll book must permit voter history to be quickly and accurately uploaded into the computerized list (as defined in IC 3-7-26.3-2).(10) The electronic poll book must be able to display an electronic image of the signature of a voter taken from:(A) the voter's registration application; or(B) a more recent signature of a voter from an absentee application, poll list, electronic poll book, or registration document.(11) The electronic poll book must be used with a signature pad, tablet, or other signature capturing device that permits the voter to: (A) make an electronic signature for comparison with the signature displayed under subdivision (10); and(B) indicate the name of the voter's political party under IC 3-10-1-24. An image of the electronic signature made by the voter on the signature pad, tablet, or other signature capturing device must be retained and identified as the signature of the voter for the period required for retention under IC 3-10-1-31.1.
(12) The electronic poll book must include a bar code capturing device that: (A) permits a voter who presents an Indiana driver's license or a state identification card issued under IC 9-24-16 to scan the license or card through the bar code reader or tablet; and(B) has the capability to display the voter's registration record upon processing the information contained within the bar code on the license or card.(13) A printer separate from the electronic poll book used in a vote center county may be programmed to print on the back of a ballot card, immediately before the ballot card is delivered to the voter, the printed initials of the poll clerks captured through the electronic signature pad or tablet at the time the poll clerks log into the electronic poll book system.(14) The electronic poll book must be compatible with: (A) any hardware attached to the electronic poll book, such as signature capturing devices, bar code capturing devices, and network cards;(B) the statewide voter registration system; and(C) any software system used to prepare voter information to be included on the electronic poll book.(15) The electronic poll book must have the ability to be used in conformity with this title for:(A) any type of election conducted in Indiana; or(B) any combination of elections held concurrently with a general election, municipal election, primary election, or special election.(16) The procedures for setting up, using, and shutting down an electronic poll book must be reasonably easy for a precinct election officer to learn, understand, and perform. A vendor shall provide sufficient training to election officials and poll workers to completely familiarize them with the operations essential for carrying out election activities. A vendor shall provide an assessment of learning goals achieved by the training in consultation with VSTOP (as described in IC 3-11-18.1-12).(17) The electronic poll book must enable a precinct election officer to verify that the electronic poll book:(A) has been set up correctly;(B) is working correctly so as to verify the eligibility of the voter;(C) is correctly recording that a voter received a ballot; and(D) has been shut down correctly.(18) The electronic poll book must include the following documentation: (A) Plainly worded, complete, and detailed instructions sufficient for a precinct election officer to set up, use, and shut down the electronic poll book.(B) Training materials that:(i) may be in written or video form; and(ii) must be in a format suitable for use at a polling place, such as simple "how to" guides.(C) Failsafe data recovery procedures for information included in the electronic poll book.(D) Usability tests:(i) that are conducted by the manufacturer of the electronic poll book or an independent testing facility using individuals who are representative of the general public;(ii) that include the setting up, using, and shutting down of the electronic poll book; and(iii) that report their results using industry standard reporting formats.(E) A clear model of the electronic poll book system architecture and the following documentation:(i) End user documentation.(ii) System-level and administrator level documentation.(iii) Developer documentation.(F) Detailed information concerning:(i) electronic poll book consumables; and(ii) the vendor's supply chain for those consumables.(G) Vendor internal quality assurance procedures and any internal or external test data and reports available to the vendor concerning the electronic poll book.(H) Repair and maintenance policies for the electronic poll book.(I) As of the date of the vendor's application for approval of the electronic poll book by the secretary of state as required by IC 3-11-18.1-12, the following: (i) A list of customers who are using or have previously used the vendor's electronic poll book.(ii) A description of any known anomalies involving the functioning of the electronic poll book, including how those anomalies were resolved.(J) Information concerning batteries used in the electronic poll book, including the following:(i) A list of all batteries to be used in the electronic poll book and any peripherals.(ii) The expected life span of each battery.(iii) A log documenting when each battery was installed or subsequently replaced.(iv) A schedule for the replacement of each battery not later than thirty (30) days before the end of the expected life span of each battery.(v) Plans to test batteries before each election.(vi) Plans for the emergency replacement of batteries that fail on election day or during the thirty (30) days before election day.(19) The electronic poll book and any hardware attached to the electronic poll book must be designed to prevent injury or damage to any individual or the hardware, including fire and electrical hazards.(20) The electronic poll book must demonstrate that it correctly processes all activity regarding each voter registration record, including the use, alteration, storage, receipt, and transmittal of information that is part of the record. Compliance with this subdivision requires the mapping of the data life cycle of the voter registration record as processed by the electronic poll book.(21) The electronic poll book must successfully perform in accordance with all representations concerning functionality, usability, security, accessibility, and sustainability made in the vendor's application for approval of the electronic poll book by the secretary of state as required by IC 3-11-18.1-12.(22) The electronic poll book must have the capacity to transmit all information generated by the voter or poll clerk as part of the process of casting a ballot, including the time and date stamp indicating when the voter signed the electronic poll book, and the electronic signature of the voter, for retention on the dedicated private server approved by the county election board for the period required by Indiana and federal law.(23) The electronic poll book must:(A) permit a voter to check in and sign the electronic poll book even when there is a temporary interruption in connectivity to the Internet; and(B) provide for the uploading of each signature so that the signature may be assigned to the voter's registration record.(24) The electronic poll book must have the capacity, for each voter who appears on the electronic poll list, to transmit information that a voter cast a provisional ballot:(A) from the electronic poll book to the dedicated private server; and(B) from the dedicated private server to the voter's record in the statewide voter registration system. This functionality may not be disabled.
(c) The county election board is responsible for the care and custody of all electronic poll books while not in use.(d) The county election board is responsible for ensuring that all electronic poll books are dedicated devices to be used only for their intended purpose and for no other activity. Software that is not needed for the essential purpose of running the electronic poll book may not be installed on an electronic poll book.Amended by P.L. 65-2024,SEC. 23, eff. 7/1/2024.Amended by P.L. 115-2022,SEC. 5, eff. 7/1/2022.Amended by P.L. 193-2021,SEC. 40, eff. 7/1/2021.Amended by P.L. 135-2020,SEC. 3, eff. 7/1/2020.Amended by P.L. 71-2019,SEC. 13, eff. 4/24/2019.Amended by P.L. 100-2018,SEC. 5, eff. 3/15/2018.Amended by P.L. 149-2016, SEC. 8, eff. 3/23/2016.Amended by P.L. 169-2015, SEC. 109, eff. 5/5/2015.Amended by P.L. 76-2014, SEC. 36, eff. 4/1/2014.Amended by P.L. 64-2014, SEC. 45, eff. 3/24/2014.Amended by P.L. 55-2014, SEC. 3, eff. 4/1/2014.Amended by P.L. 2-2014, SEC. 5, eff. 3/13/2014.Amended by P.L. 271-2013, SEC. 17, eff. 7/1/2013.Amended by P.L. 258-2013, SEC. 75, eff. 7/1/2013.Amended by P.L. 219-2013, SEC. 40, eff. 7/1/2013.Added by P.L. 1-2011, SEC. 2, eff. 12/31/2010.This section is set out more than once due to postponed, multiple, or conflicting amendments.