LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 7032 NOTE PREPARED: Feb 24, 2022
BILL NUMBER: HB 1116 BILL AMENDED: Feb 24, 2022
SUBJECT: Electronic Voting Machines.
FIRST AUTHOR: Rep. Wesco BILL STATUS: CR Adopted - 2
nd
House
FIRST SPONSOR: Sen. Ford Jon
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
DEDICATED
XFEDERAL
Summary of Legislation: Speed-up of VVPAT Use in Elections– The bill changes the date by which a
county must provide a voter verifiable paper audit trail for electronic voting systems from December 31,
2029, to July 1, 2024.
VVPAT– The bill provides that, after July 1, 2022, a county must meet certain requirements when using any
direct record electronic voting system that does not include a voter verifiable paper audit trail for an election.
Cybersecurity Extension– The bill provides that the security agreement that counties are required to enter
into with the Secretary of State must be funded by money received from the federal government or from
money appropriated by the General Assembly.
Ballot Statement– The bill specifies requirements of a statement that must be printed on the envelope of an
absentee ballot application.
Driver’s License and SSN– The bill provides that before an individual can access an absentee ballot
application that is submitted in an electronic format using a module of the computerized list, the individual
must provide either the individual's Indiana driver's license number or the last four digits of the individual's
Social Security number.
Computerized List and Electronic Poll Books– The bill requires an electronic poll book to have the capacity
to transmit certain information that a voter cast a provisional ballot. The bill requires certain information to
be included in the computerized list concerning a voter's casting of a provisional ballot.
HB 1116 1 Early Voting– The bill requires that voting before an absentee voter board at the circuit court clerk's office
or at a satellite office be referred to as "early voting" on all forms prescribed by the Election Division and
in all communications with voters.
Provisional Ballot Notice– The bill repeals language that requires the circuit court clerk to provide notice
containing certain information to each voter who casts a provisional ballot.
Post-Election Audits– The bill changes the term "risk-limiting audit" to "post-election audit". The bill
removes the word "pilot" from the chapter concerning post-election audits. The bill provides that the
Secretary of State shall determine the number of elections that are subject to a post-election audit.
Effective Date: Upon passage; July 1, 2022.
Explanation of State Expenditures: Cybersecurity Extension– To extend the existing contract beyond 2022
would require additional General Assembly appropriations, if further federal funding is not received. Total
cost of the service would depend on the terms reached between the state and the vendor on the contract
extension.
Early Voting– The Election Division may have to revise forms and/or publications to comply with this
provision. However, it is likely the Division would be able to do so within existing staff and resource levels.
Post-Election Audits– It is likely the Secretary of State would be able to designate post-election audit
counties in the same capacity, with existing staff and resources, as the Secretary selected the pilot post-
election audit counties.
Driver’s License and SSN– This provision would require absentee ballot application forms (42106 In-Person,
47090 Mail) and possibly other forms to be updated in order to comply with the last 4 digits of the SSN or
the driver’s license number to be provided by the applicant. (Under current forms, the last 4 digits of the SSN
is optional to provide, and no space is provided for the driver’s license number.) It is likely the form changes
could be accomplished electronically within existing resources.
Additionally, the Election Division would also need to modify the SVRS absentee ballot module to allow
the input of the driver’s license number or the last 4 digits of an applicant’s SSN on ballot applications. The
impact to state expenditures is estimated at $1,800 to $2,100 to $15,000 to $30,000 to make the
modifications. The upper range represents significant additional programming.
Computerized List and Electronic Poll Books– The computerized list is able to receive information from
electronic poll books such as vote history, voter registration signatures, and other items. It is likely the
required module to receive provisional ballot information would be able to be implemented via the Election
Division’s vendor. Actual cost would depend on the contract specifics agreed to between the Division and
their vendor.
Additional Information– Currently, Indiana has an active 40-month contract with the cybersecurity vendor
FireEye to provide election cybersecurity to county voting systems. The contract was initiated in November
2019. The current contract amount is about $6.4 M. The funds for the contract were provided to the state by
federal grant to improve election cybersecurity after the 2016 general election. The original intent was for
counties to receive the cybersecurity service for their election equipment at no cost to the counties.
HB 1116 2 Explanation of State Revenues:
Explanation of Local Expenditures: (Revised) Speed-up of VVPAT Use in Elections– The provision would
require VVPAT technology be used on DRE voting systems in use in elections roughly five-and-one-half
years sooner than under current law. The provision would not be a new expenditure impact for counties to
employ the VVPAT technology, but it would require those expenditures to occur sooner than they would
have under current law.
Computerized List and Electronic Poll Books– There may be additional expenditures for electronic poll book
updates and administrative time to input the required provisional ballot information. Any additional
expenditures would come from existing county resources, unless the updates could be made in conjunction
with the improvements made to the Statewide Voter Registration System.
Post-Election Audits– The provision would allow counties that have not already done so to elect to be
appointed as a post-election audit county by the Secretary of State. Given this provision is optional, the total
additional expenditures for this program are indeterminable. The following table shows the estimated
expenditure breakdown of a single county audit.
Table. Post-Election Audit Expenditure Breakdown (per county)
Expenditures by Type Amount
County $3,185
Administrative
(Mostly covering Voting System Technical Oversight Program’s
costs) $14,250
Technical Consulting $1,520
Software Cost $545
TOTAL EXPENDITURE $19,500
Provisional Ballot Notice– The bill may provide a minor expenditure savings to counties, depending if a
county currently sends the required notices by first class mail. Additionally, there would likely be some
reduction in administrative workload to process and mail the required instructions.
Explanation of Local Revenues: VVPAT– All counties employing the MicroVote DRE voting system have
VVPAT modules for at least 10% of their machines, with several at or near 100%. It is not known if all of
the modules have been connected and used in elections.
Additional Information– Counties with MicroVote DREs have received VVPAT modules purchased by the
Secretary of State under funds provided by HEA 1001-2019 for election security. According to the Secretary
of State’s budget request transmittal letter, dated: December 9, 2020, the Secretary of State, with the use of
federal and state funds, was able to replace or equip more than 30% of existing equipment with VVPAT
technology.
According to MicroVote, all counties have at least 21% of their MicroVote DREs connected to VVPAT
HB 1116 3 modules. All of the MicroVote DREs owned by Adams, Bartholomew, Blackford, Dubois, Franklin, Johnson,
Parke, Steuben, Tippecanoe, and White are 100% equipped with VVPAT modules, with Clinton at 97%.
Several more are at 50% to 60% equipped.
Johnson County received VVPAT modules equal to 10% of their DRE’s or 45 machines during late 2019.
Johnson County currently has VVPAT modules for all of their MicroVote DREs.
Bartholomew County received state funds from the Secretary of State for 60 VVPAT modules for their
MicroVote DREs.
State law requires all counties with DRE voting systems to have at least 10% of their machines capable of
producing a paper trail.
There were 5,471 provisional ballots cast during the 2020 general election in Indiana, with 4,123 provisional
ballots rejected. If all persons casting the provisional ballots had their instructions mailed to them, the total
postage expenditure would have been approximately $3,200 at the current first class postage rate.
State Agencies Affected: Secretary of State, Election Division.
Local Agencies Affected: County election boards.
Information Sources: J. Bradley King, Co-Director, Indiana Election Division; Rachel Hoffmeyer,
Deputy Secretary of State, Indiana Secretary of State’s Office; VSTOP;
https://dailyjournal.net/2019/09/24/county_to_buy_all_new_election_equipment/;
https://www.therepublic.com/2020/02/23/county_to_have_paper_record_on_all_voting_machines/;
https://www.in.gov/sba/files/Secretary-of-State-Transmittal-Letter.pdf; MicroVote; Election Assistance
Commission: Election Administration and Voting Survey 2020 Comprehensive Report.
Fiscal Analyst: Chris Baker, 317-232-9851.
HB 1116 4