Ind. Code § 3-12-3.5-8

Current through P.L. 167-2020
Section 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
(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.

IC 3-12-3.5-8

Amended by P.L. 210-2018,SEC. 9, eff. 7/1/2018.
Amended by P.L. 169-2015, SEC. 148, eff. 7/1/2015.
Amended by P.L. 76-2014, SEC. 55, eff. 4/1/2014.
Added by P.L. 64-2014, SEC. 71, eff. 3/24/2014.