IN
Indiana Senate Bill SB0526

Indiana 2025 Regular Session

Indiana Senate Bill SB0526 Compare Versions

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1-*ES0526.2*
2-Reprinted
3-April 1, 2025
1+*ES0526.1*
2+March 27, 2025
43 ENGROSSED
54 SENATE BILL No. 526
65 _____
7-DIGEST OF SB 526 (Updated March 31, 2025 3:57 pm - DI 149)
8-Citations Affected: IC 3-5; IC 3-11; IC 3-11.5.
6+DIGEST OF SB 526 (Updated March 26, 2025 12:37 pm - DI 149)
7+Citations Affected: IC 3-11; IC 3-11.5.
98 Synopsis: Absentee ballot retraction. Requires a county election board
109 to test certain voting machines to ensure that an absentee ballot can be
1110 retracted before tabulation of the ballot if the ballot is required to be
1211 rejected. Requires the public test of a voting system to test whether a
1312 rejected ballot is retracted. Voids a March 25, 2022, advisory opinion
1413 adopted by the Indiana election commission. Provides that, to be
1514 approved by the Indiana election commission for use in Indiana, a
1615 voting system must meet certain standards of the Voluntary Voting
1716 System Guidelines adopted by the United States Election Assistance
1817 Commission on February 10, 2021. Allows a county to continue to use
1918 an optical scan ballot card voting system or an electronic voting system
2019 if certain matters concerning the voting system were approved before
2120 October 1, 2025. Allows a voting system to include a retraction feature
2221 concerning certain votes cast on absentee ballots.
2322 Effective: July 1, 2025.
2423 Gaskill, Donato
2524 (HOUSE SPONSOR — WESCO)
2625 January 16, 2025, read first time and referred to Committee on Elections.
2726 February 10, 2025, reported favorably — Do Pass.
2827 February 17, 2025, read second time, amended, ordered engrossed.
2928 February 18, 2025, engrossed.
3029 February 20, 2025, read third time, passed. Yeas 47, nays 1.
3130 HOUSE ACTION
3231 March 3, 2025, read first time and referred to Committee on Elections and Apportionment.
3332 March 27, 2025, amended, reported — Do Pass.
34-March 31, 2025, read second time, amended, ordered engrossed.
35-ES 526—LS 7472/DI 149 Reprinted
36-April 1, 2025
33+ES 526—LS 7472/DI 149 March 27, 2025
3734 First Regular Session of the 124th General Assembly (2025)
3835 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3936 Constitution) is being amended, the text of the existing provision will appear in this style type,
4037 additions will appear in this style type, and deletions will appear in this style type.
4138 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
4239 provision adopted), the text of the new provision will appear in this style type. Also, the
4340 word NEW will appear in that style type in the introductory clause of each SECTION that adds
4441 a new provision to the Indiana Code or the Indiana Constitution.
4542 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
4643 between statutes enacted by the 2024 Regular Session of the General Assembly.
4744 ENGROSSED
4845 SENATE BILL No. 526
4946 A BILL FOR AN ACT to amend the Indiana Code concerning
5047 elections.
5148 Be it enacted by the General Assembly of the State of Indiana:
52-1 SECTION 1. IC 3-5-2-42.7 IS ADDED TO THE INDIANA CODE
53-2 AS A NEW SECTION TO READ AD FOLLOWS [EFFECTIVE
54-3 JULY 1, 2025]: Sec. 42.7. "Retraction" means the following, with
55-4 respect to a ballot:
56-5 (1) The removal of votes on the ballot from the memory or the
57-6 document onto which the votes were recorded.
58-7 (2) The exclusion or subtraction of votes on the ballot from
59-8 the final total from the memory or tabulation system on the
60-9 document on which the votes were recorded.
61-10 SECTION 2. IC 3-5-2-48.2 IS ADDED TO THE INDIANA CODE
62-11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
63-12 1, 2025]: Sec. 48.2. "Tabulated" means, with respect to ballots, the
64-13 process of cumulating into totals the votes on the ballots in a
65-14 precinct, a county, or the election district for each office and each
66-15 public question on the ballot in the precinct, county, or election
67-16 district after accounting for ballots that must be retracted.
68-17 SECTION 3. IC 3-11-13-22, AS AMENDED BY P.L.227-2023,
49+1 SECTION 1. IC 3-11-13-22, AS AMENDED BY P.L.227-2023,
50+2 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
51+3 JULY 1, 2025]: Sec. 22. (a) This section applies to:
52+4 (1) a ballot card voting system; and
53+5 (2) a voting system that includes features of a ballot card voting
54+6 system and a direct record electronic voting system.
55+7 (b) Not later than seventy-four (74) days before election day, for
56+8 each county planning to use automatic tabulating machines at the next
57+9 election, VSTOP shall provide each county election board with a
58+10 randomly sorted list of unique identification numbers for the inventory
59+11 of machines in the county maintained under IC 3-11-16-4. Starting at
60+12 the top of the list, the county election board shall select machines in the
61+13 list in the order listed so that:
62+14 (1) if a machine to be selected in the list is not scheduled to be
63+15 used in the upcoming election, the selection process will move to
64+16 the next machine in the order listed;
65+17 (2) each selected machine is scheduled to be used in the
6966 ES 526—LS 7472/DI 149 2
70-1 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
71-2 JULY 1, 2025]: Sec. 22. (a) This section applies to:
72-3 (1) a ballot card voting system; and
73-4 (2) a voting system that includes features of a ballot card voting
74-5 system and a direct record electronic voting system.
75-6 (b) Not later than seventy-four (74) days before election day, for
76-7 each county planning to use automatic tabulating machines at the next
77-8 election, VSTOP shall provide each county election board with a
78-9 randomly sorted list of unique identification numbers for the inventory
79-10 of machines in the county maintained under IC 3-11-16-4. Starting at
80-11 the top of the list, the county election board shall select machines in the
81-12 list in the order listed so that:
82-13 (1) if a machine to be selected in the list is not scheduled to be
83-14 used in the upcoming election, the selection process will move to
84-15 the next machine in the order listed;
85-16 (2) each selected machine is scheduled to be used in the
86-17 upcoming election; and
87-18 (3) the number of machines selected is not less than five percent
88-19 (5%) of the machines in the county scheduled by the county
89-20 election board to be used in the upcoming election.
90-21 (c) The county election board shall test the machines as described
91-22 in subsection (b) to ascertain that the machines will correctly do the
92-23 following:
93-24 (1) Count the votes cast for straight party tickets, for all
94-25 candidates (including write-in candidates), and on all public
95-26 questions.
96-27 (2) Retract an absentee ballot card of a voter who is later
97-28 found disqualified or whose ballot may not be counted, in
98-29 accordance with IC 3-11.5-4-6, before the voter's ballot is
99-30 tabulated.
100-31 If an individual attending the public test requests that additional
101-32 automatic tabulating machines be tested, then the county election board
102-33 shall select and test additional machines from the list in the manner
103-34 described in subsection (b).
104-35 (d) If VSTOP does not provide the lists under subsection (b) not
105-36 later than sixty (60) days before the election, the county election board
106-37 shall establish and implement a procedure for random selection of not
107-38 less than five percent (5%) of the machines in the county to be used in
108-39 the upcoming election. The county election board shall then test the
109-40 machines selected as described in subsection (c).
110-41 (e) Not later than seven (7) days after conducting the test under
111-42 subsection (c), the county election board shall certify to the election
67+1 upcoming election; and
68+2 (3) the number of machines selected is not less than five percent
69+3 (5%) of the machines in the county scheduled by the county
70+4 election board to be used in the upcoming election.
71+5 (c) The county election board shall test the machines as described
72+6 in subsection (b) to ascertain that the machines will correctly do the
73+7 following:
74+8 (1) Count the votes cast for straight party tickets, for all
75+9 candidates (including write-in candidates), and on all public
76+10 questions.
77+11 (2) Retract an absentee ballot card of a voter who is later
78+12 found disqualified or whose ballot may not be counted, in
79+13 accordance with IC 3-11.5-4-6, before the voter's ballot is
80+14 tabulated.
81+15 If an individual attending the public test requests that additional
82+16 automatic tabulating machines be tested, then the county election board
83+17 shall select and test additional machines from the list in the manner
84+18 described in subsection (b).
85+19 (d) If VSTOP does not provide the lists under subsection (b) not
86+20 later than sixty (60) days before the election, the county election board
87+21 shall establish and implement a procedure for random selection of not
88+22 less than five percent (5%) of the machines in the county to be used in
89+23 the upcoming election. The county election board shall then test the
90+24 machines selected as described in subsection (c).
91+25 (e) Not later than seven (7) days after conducting the test under
92+26 subsection (c), the county election board shall certify to the election
93+27 division that the test has been conducted in conformity with subsection
94+28 (c). The testing under subsection (c) must begin before absentee voting
95+29 begins in the office of the circuit court clerk under IC 3-11-10-26.
96+30 (f) Public notice of the time and place shall be given at least
97+31 forty-eight (48) hours before the test. The notice shall be published
98+32 once in accordance with IC 5-3-1-4.
99+33 (g) If a county election board determines that:
100+34 (1) a ballot:
101+35 (A) must be reprinted or corrected as provided by
102+36 IC 3-11-2-16 because of the omission of a candidate, political
103+37 party, or public question from the ballot; or
104+38 (B) is an absentee ballot that a voter is entitled to recast under
105+39 IC 3-11.5-4-2 because the absentee ballot includes a candidate
106+40 for election to office who:
107+41 (i) ceased to be a candidate; and
108+42 (ii) has been succeeded by a candidate selected under
112109 ES 526—LS 7472/DI 149 3
113-1 division that the test has been conducted in conformity with subsection
114-2 (c). The testing under subsection (c) must begin before absentee voting
115-3 begins in the office of the circuit court clerk under IC 3-11-10-26.
116-4 (f) Public notice of the time and place shall be given at least
117-5 forty-eight (48) hours before the test. The notice shall be published
118-6 once in accordance with IC 5-3-1-4.
119-7 (g) If a county election board determines that:
120-8 (1) a ballot:
121-9 (A) must be reprinted or corrected as provided by
122-10 IC 3-11-2-16 because of the omission of a candidate, political
123-11 party, or public question from the ballot; or
124-12 (B) is an absentee ballot that a voter is entitled to recast under
125-13 IC 3-11.5-4-2 because the absentee ballot includes a candidate
126-14 for election to office who:
127-15 (i) ceased to be a candidate; and
128-16 (ii) has been succeeded by a candidate selected under
129-17 IC 3-13-1 or IC 3-13-2; and
130-18 (2) ballots used in the test conducted under this section were not
131-19 reprinted or corrected to remove the omission of a candidate,
132-20 political party, or public question, or indicate the name of the
133-21 successor candidate;
134-22 the county election board shall conduct an additional public test
135-23 described in subsection (c) using the reprinted or corrected ballots.
136-24 Notice of the time and place of the additional test shall be given in
137-25 accordance with IC 5-14-1.5, but publication of the notice in
138-26 accordance with IC 5-3-1-4 is not required.
139-27 (h) Notwithstanding IC 3-5-4-1.7, a county election board may send
140-28 a signed form from a public test to the election division by electronic
141-29 mail or fax.
142-30 SECTION 4. IC 3-11-13-24, AS AMENDED BY P.L.193-2021,
143-31 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
144-32 JULY 1, 2025]: Sec. 24. (a) This subsection applies to a ballot card
145-33 voting system. The test required by section 22 of this chapter must:
146-34 (1) be conducted by processing a preaudited group of ballot cards
147-35 marked so as to record a predetermined number of valid votes for
148-36 each candidate and on each public question;
149-37 (2) include for each office one (1) or more ballot cards that have
150-38 votes in excess of the number allowed by law in order to test the
151-39 ability of the automatic tabulating machines to reject the votes;
152-40 and
153-41 (3) include at least one (1) ballot from three (3) different precincts
154-42 where an election will be conducted.
110+1 IC 3-13-1 or IC 3-13-2; and
111+2 (2) ballots used in the test conducted under this section were not
112+3 reprinted or corrected to remove the omission of a candidate,
113+4 political party, or public question, or indicate the name of the
114+5 successor candidate;
115+6 the county election board shall conduct an additional public test
116+7 described in subsection (c) using the reprinted or corrected ballots.
117+8 Notice of the time and place of the additional test shall be given in
118+9 accordance with IC 5-14-1.5, but publication of the notice in
119+10 accordance with IC 5-3-1-4 is not required.
120+11 (h) Notwithstanding IC 3-5-4-1.7, a county election board may send
121+12 a signed form from a public test to the election division by electronic
122+13 mail or fax.
123+14 SECTION 2. IC 3-11-13-24, AS AMENDED BY P.L.193-2021,
124+15 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
125+16 JULY 1, 2025]: Sec. 24. (a) This subsection applies to a ballot card
126+17 voting system. The test required by section 22 of this chapter must:
127+18 (1) be conducted by processing a preaudited group of ballot cards
128+19 marked so as to record a predetermined number of valid votes for
129+20 each candidate and on each public question;
130+21 (2) include for each office one (1) or more ballot cards that have
131+22 votes in excess of the number allowed by law in order to test the
132+23 ability of the automatic tabulating machines to reject the votes;
133+24 and
134+25 (3) include at least one (1) ballot from three (3) different precincts
135+26 where an election will be conducted.
136+27 (b) This subsection applies to a voting system that includes features
137+28 of a ballot card voting system and a direct record electronic voting
138+29 system. The test required by section 22 of this chapter must:
139+30 (1) be conducted by the entry of:
140+31 (A) a preaudited group of ballots; and
141+32 (B) at least ten (10) ballots cast by using the headphone or a
142+33 sip/puff device;
143+34 so as to record a predetermined number of valid votes for each
144+35 candidate and on each public question; and
145+36 (2) include at least one (1) ballot for each office and public
146+37 question that has votes in excess of the number allowed by law in
147+38 order to test the ability of the voting system to reject the
148+39 overvotes.
149+40 (c) This subsection applies to a voting system described in
150+41 subsections (a) and (b). The test required under section 22 of this
151+42 chapter must include at least one (1) ballot that must be rejected
155152 ES 526—LS 7472/DI 149 4
156-1 (b) This subsection applies to a voting system that includes features
157-2 of a ballot card voting system and a direct record electronic voting
158-3 system. The test required by section 22 of this chapter must:
159-4 (1) be conducted by the entry of:
160-5 (A) a preaudited group of ballots; and
161-6 (B) at least ten (10) ballots cast by using the headphone or a
162-7 sip/puff device;
163-8 so as to record a predetermined number of valid votes for each
164-9 candidate and on each public question; and
165-10 (2) include at least one (1) ballot for each office and public
166-11 question that has votes in excess of the number allowed by law in
167-12 order to test the ability of the voting system to reject the
168-13 overvotes.
169-14 (c) This subsection applies to a voting system described in
170-15 subsections (a) and (b). The test required under section 22 of this
171-16 chapter must include at least one (1) ballot that must be rejected
172-17 under IC 3-11.5-4-13, and the voting system must void the ballot in
173-18 accordance with IC 3-11.5-4-6 before the ballot is tabulated.
174-19 SECTION 5. IC 3-11-13-24.5, AS ADDED BY P.L.193-2021,
175-20 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
176-21 JULY 1, 2025]: Sec. 24.5. Immediately following the completion of the
177-22 test required by section 22 of this chapter, the county election board
178-23 shall enter the vote totals from the voting system tabulator tested under
179-24 this chapter into the component of the voting system used by the county
180-25 election board to tabulate and canvass the election results under
181-26 IC 3-12-4. The board shall determine whether the component of the
182-27 voting system properly tabulates and determines:
183-28 (1) the votes cast in each of the precincts; and
184-29 (2) the total for each candidate and public question on the ballots
185-30 tested under this chapter; and
186-31 (3) that a ballot designated as rejected under section 24(c) of
187-32 this chapter is not included.
188-33 SECTION 6. IC 3-11-14.5-5, AS AMENDED BY P.L.193-2021,
189-34 SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
190-35 JULY 1, 2025]: Sec. 5. (a) The test required by this chapter must
191-36 include the following:
192-37 (1) The visual inspection of the voting system and ballot labels.
193-38 (2) The manual entry of a preaudited group of ballots marked so
194-39 as to record a predetermined number of valid votes for each
195-40 candidate and on each public question.
196-41 (3) At least one (1) ballot for each office that has votes in excess
197-42 of the number allowed by law in order to test the ability of the
153+1 under IC 3-11.5-4-13, and the voting system must void the ballot in
154+2 accordance with IC 3-11.5-4-6 before the ballot is tabulated.
155+3 SECTION 3. IC 3-11-13-24.5, AS ADDED BY P.L.193-2021,
156+4 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
157+5 JULY 1, 2025]: Sec. 24.5. Immediately following the completion of the
158+6 test required by section 22 of this chapter, the county election board
159+7 shall enter the vote totals from the voting system tabulator tested under
160+8 this chapter into the component of the voting system used by the county
161+9 election board to tabulate and canvass the election results under
162+10 IC 3-12-4. The board shall determine whether the component of the
163+11 voting system properly tabulates and determines:
164+12 (1) the votes cast in each of the precincts; and
165+13 (2) the total for each candidate and public question on the ballots
166+14 tested under this chapter; and
167+15 (3) that a ballot designated as rejected under section 24(c) of
168+16 this chapter is not included.
169+17 SECTION 4. IC 3-11-14.5-5, AS AMENDED BY P.L.193-2021,
170+18 SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
171+19 JULY 1, 2025]: Sec. 5. (a) The test required by this chapter must
172+20 include the following:
173+21 (1) The visual inspection of the voting system and ballot labels.
174+22 (2) The manual entry of a preaudited group of ballots marked so
175+23 as to record a predetermined number of valid votes for each
176+24 candidate and on each public question.
177+25 (3) At least one (1) ballot for each office that has votes in excess
178+26 of the number allowed by law in order to test the ability of the
179+27 electronic voting system to reject the overvotes.
180+28 (b) The test required by this chapter must include the following:
181+29 (1) The entry of a preaudited group of at least one (1) ballot from
182+30 three (3) different precincts where an election will be conducted
183+31 to:
184+32 (1) (A) test the functionality of the system components used by
185+33 a voter with disabilities to independently and privately cast a
186+34 ballot; and
187+35 (2) (B) record a predetermined number of valid votes for each
188+36 candidate and on each public question.
189+37 (2) At least one (1) ballot that must be rejected under
190+38 IC 3-11.5-4-13 that the voting system must void in accordance
191+39 with IC 3-11.5-4-6 before the ballot is tabulated.
192+40 SECTION 5. IC 3-11-14.5-8, AS ADDED BY P.L.221-2005,
193+41 SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
194+42 JULY 1, 2025]: Sec. 8. (a) Immediately following the completion of
198195 ES 526—LS 7472/DI 149 5
199-1 electronic voting system to reject the overvotes.
200-2 (b) The test required by this chapter must include the following:
201-3 (1) The entry of a preaudited group of at least one (1) ballot from
202-4 three (3) different precincts where an election will be conducted
203-5 to:
204-6 (1) (A) test the functionality of the system components used by
205-7 a voter with disabilities to independently and privately cast a
206-8 ballot; and
207-9 (2) (B) record a predetermined number of valid votes for each
208-10 candidate and on each public question.
209-11 (2) At least one (1) ballot that must be rejected under
210-12 IC 3-11.5-4-13 that the voting system must void in accordance
211-13 with IC 3-11.5-4-6 before the ballot is tabulated.
212-14 SECTION 7. IC 3-11-14.5-8, AS ADDED BY P.L.221-2005,
213-15 SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
214-16 JULY 1, 2025]: Sec. 8. (a) Immediately following the completion of
215-17 the voting system test under section 5 of this chapter, the county
216-18 election board shall enter the vote totals from the voting systems tested
217-19 under this chapter into the component of the voting system used by the
218-20 county election board to tabulate election results under IC 3-12-3.5.
219-21 (b) The board shall determine whether this component of the voting
220-22 system properly tabulates the votes cast in each of the precincts tested
221-23 under this chapter, including that the system properly voided a
222-24 rejected ballot under section 5(b)(2) of this chapter.
223-25 SECTION 8. IC 3-11-15-13.3, AS AMENDED BY P.L.115-2022,
224-26 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
225-27 JULY 1, 2025]: Sec. 13.3. (a) To be approved by the commission for
226-28 use in Indiana, a voting system must meet one (1) of the following:
227-29 (1) The Voting System Standards adopted by the Federal Election
228-30 Commission on April 30, 2002.
229-31 (2) The Voluntary Voting System Guidelines adopted by the
230-32 United States Election Assistance Commission on December 13,
231-33 2005.
232-34 (3) The Voluntary Voting System Guidelines adopted by the
233-35 United States Election Assistance Commission as amended on
234-36 March 31, 2015. on February 10, 2021.
235-37 (b) Except as provided in subsection (c), a county may continue to
236-38 use an optical scan ballot card voting system or an electronic voting
237-39 system whose approval or certification expired on or before October 1,
238-40 2021, 2025, if the voting system:
239-41 (1) was:
240-42 (A) approved by the commission for use in elections in Indiana
196+1 the voting system test under section 5 of this chapter, the county
197+2 election board shall enter the vote totals from the voting systems tested
198+3 under this chapter into the component of the voting system used by the
199+4 county election board to tabulate election results under IC 3-12-3.5.
200+5 (b) The board shall determine whether this component of the voting
201+6 system properly tabulates the votes cast in each of the precincts tested
202+7 under this chapter, including that the system properly voided a
203+8 rejected ballot under section 5(b)(2) of this chapter.
204+9 SECTION 6. IC 3-11-15-13.3, AS AMENDED BY P.L.115-2022,
205+10 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
206+11 JULY 1, 2025]: Sec. 13.3. (a) To be approved by the commission for
207+12 use in Indiana, a voting system must meet one (1) of the following:
208+13 (1) The Voting System Standards adopted by the Federal Election
209+14 Commission on April 30, 2002.
210+15 (2) The Voluntary Voting System Guidelines adopted by the
211+16 United States Election Assistance Commission on December 13,
212+17 2005.
213+18 (3) The Voluntary Voting System Guidelines adopted by the
214+19 United States Election Assistance Commission as amended on
215+20 March 31, 2015. on February 10, 2021.
216+21 (b) Except as provided in subsection (c), a county may continue to
217+22 use an optical scan ballot card voting system or an electronic voting
218+23 system whose approval or certification expired on or before October 1,
219+24 2021, 2025, if the voting system:
220+25 (1) was:
221+26 (A) approved by the commission for use in elections in Indiana
222+27 before October 1, 2021; 2025; and
223+28 (B) purchased or leased by the county before October 1, 2021;
224+29 2025; and
225+30 (2) otherwise complies with the applicable provisions of HAVA
226+31 and this article.
227+32 However, a voting system vendor may not market, sell, lease, or install
228+33 a voting system described in this subsection.
229+34 (c) A county may not continue to use an electronic voting system
230+35 after July 1, 2024, unless the:
231+36 (1) system includes a voter verifiable paper audit trail; and
232+37 (2) certification of that system by the commission has not expired.
233+38 (d) As provided by 52 U.S.C. 21081, to be used in an election in
234+39 Indiana, a voting system must be accessible for individuals with
235+40 disabilities, including nonvisual accessibility for the blind and visually
236+41 impaired, in a manner that provides the same opportunity for access
237+42 and participation (including privacy and independence) as for other
241238 ES 526—LS 7472/DI 149 6
242-1 before October 1, 2021; 2025; and
243-2 (B) purchased or leased by the county before October 1, 2021;
244-3 2025; and
245-4 (2) otherwise complies with the applicable provisions of HAVA
246-5 and this article.
247-6 However, a voting system vendor may not market, sell, lease, or install
248-7 a voting system described in this subsection.
249-8 (c) A county may not continue to use an electronic voting system
250-9 after July 1, 2024, unless the:
251-10 (1) system includes a voter verifiable paper audit trail; and
252-11 (2) certification of that system by the commission has not expired.
253-12 (d) As provided by 52 U.S.C. 21081, to be used in an election in
254-13 Indiana, a voting system must be accessible for individuals with
255-14 disabilities, including nonvisual accessibility for the blind and visually
256-15 impaired, in a manner that provides the same opportunity for access
257-16 and participation (including privacy and independence) as for other
258-17 voters.
259-18 (e) As provided by 52 U.S.C. 21081, an election board conducting
260-19 an election satisfies the requirements of subsection (d) if the election
261-20 board provides at least one (1) electronic voting system or other voting
262-21 system equipped for individuals with disabilities at each polling place.
263-22 (f) If a voter who is otherwise qualified to cast a ballot in a precinct
264-23 chooses to cast the voter's ballot on the voting system provided under
265-24 subsection (e), the voter must be allowed to cast the voter's ballot on
266-25 that voting system, whether or not the voter is an individual with
267-26 disabilities.
268-27 SECTION 9. IC 3-11-15-20, AS AMENDED BY P.L.100-2018,
269-28 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
270-29 JULY 1, 2025]: Sec. 20. (a) A voting system must be able to record
271-30 accurately each vote and be able to produce an accurate report of all
272-31 votes cast.
273-32 (b) As used in this subsection, "error rate" refers to the error rate of
274-33 the voting system in counting ballots (determined by taking into
275-34 account only those errors that are attributable to the voting system and
276-35 not attributable to an act of the voter). As required by 52 U.S.C. 21081,
277-36 a voting system must comply with the error rate standards established
278-37 under section 4.1.1 Principle 1, Guideline 1.2 of the Voluntary Voting
279-38 System Guidelines adopted by the United States Election Assistance
280-39 Commission as amended on March 31, 2015. on February 10, 2021.
281-40 (c) The inclusion of control logic and data processing methods
282-41 incorporating parity and check-sums (or equivalent error detection and
283-42 correction methods) must demonstrate that the system has been
239+1 voters.
240+2 (e) As provided by 52 U.S.C. 21081, an election board conducting
241+3 an election satisfies the requirements of subsection (d) if the election
242+4 board provides at least one (1) electronic voting system or other voting
243+5 system equipped for individuals with disabilities at each polling place.
244+6 (f) If a voter who is otherwise qualified to cast a ballot in a precinct
245+7 chooses to cast the voter's ballot on the voting system provided under
246+8 subsection (e), the voter must be allowed to cast the voter's ballot on
247+9 that voting system, whether or not the voter is an individual with
248+10 disabilities.
249+11 SECTION 7. IC 3-11-15-20, AS AMENDED BY P.L.100-2018,
250+12 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
251+13 JULY 1, 2025]: Sec. 20. (a) A voting system must be able to record
252+14 accurately each vote and be able to produce an accurate report of all
253+15 votes cast.
254+16 (b) As used in this subsection, "error rate" refers to the error rate of
255+17 the voting system in counting ballots (determined by taking into
256+18 account only those errors that are attributable to the voting system and
257+19 not attributable to an act of the voter). As required by 52 U.S.C. 21081,
258+20 a voting system must comply with the error rate standards established
259+21 under section 4.1.1 Principle 1, Guideline 1.2 of the Voluntary Voting
260+22 System Guidelines adopted by the United States Election Assistance
261+23 Commission as amended on March 31, 2015. on February 10, 2021.
262+24 (c) The inclusion of control logic and data processing methods
263+25 incorporating parity and check-sums (or equivalent error detection and
264+26 correction methods) must demonstrate that the system has been
265+27 designed for accuracy.
266+28 SECTION 8. IC 3-11-15-26, AS AMENDED BY P.L.219-2013,
267+29 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
268+30 JULY 1, 2025]: Sec. 26. (a) The ballot counting software must be
269+31 designed in a modular fashion and not be self-modifying. Modular
270+32 programs must consist of code written in relatively small and easily
271+33 identifiable sections, with each unit having a single entry point and a
272+34 single exit point. Each module must have a specific function that can
273+35 be tested and verified more or less independently of the remainder of
274+36 the code.
275+37 (b) A voting system may include a retraction feature that allows
276+38 a vote cast on an absentee ballot that is:
277+39 (1) scanned into:
278+40 (A) a ballot card voting system; or
279+41 (B) an optical scan ballot card system; or
280+42 (2) entered into an electronic voting system;
284281 ES 526—LS 7472/DI 149 7
285-1 designed for accuracy.
286-2 SECTION 10. IC 3-11-15-26, AS AMENDED BY P.L.219-2013,
287-3 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
288-4 JULY 1, 2025]: Sec. 26. (a) The ballot counting software must be
289-5 designed in a modular fashion and not be self-modifying. Modular
290-6 programs must consist of code written in relatively small and easily
291-7 identifiable sections, with each unit having a single entry point and a
292-8 single exit point. Each module must have a specific function that can
293-9 be tested and verified more or less independently of the remainder of
294-10 the code.
295-11 (b) A voting system may include a retraction feature that allows
296-12 a vote cast on an absentee ballot that is:
297-13 (1) scanned into:
298-14 (A) a ballot card voting system; or
299-15 (B) an optical scan ballot card system; or
300-16 (2) entered into an electronic voting system;
301-17 to be retracted if it is determined that the absentee ballot must be
302-18 rejected under IC 3-11.5.
303-19 (c) The retraction feature described in subsection (b) must
304-20 assign a unique identification number to each absentee ballot. The
305-21 unique identification number assigned to an absentee ballot may
306-22 not include any of the following information about the voter who
307-23 cast the absentee ballot:
308-24 (1) Name.
309-25 (2) Residence or mailing address.
310-26 (3) Telephone number.
311-27 (4) Social Security number.
312-28 (5) Date of birth.
313-29 (6) Date the voter registered.
314-30 (7) Indiana driver's license or state identification number
315-31 assigned by the bureau of motor vehicles.
316-32 (8) Voter identification number assigned under IC 3-7-13-13.
317-33 (d) A county election board must implement a procedure to keep
318-34 the unique identification number described in this section secure
319-35 from unauthorized access. All unique identification numbers and
320-36 any list that contains a unique identification number is exempt
321-37 from disclosure, inspection, or copying under IC 5-14-3-4(b)(10).
322-38 SECTION 11. IC 3-11.5-1-5 IS ADDED TO THE INDIANA CODE
323-39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
324-40 1, 2025]: Sec. 5. Advisory opinion 2022-8, adopted by the election
325-41 commission on March 25, 2022, is void.
326-42 SECTION 12. IC 3-11.5-8-1, AS ADDED BY P.L.157-2019,
282+1 to be retracted if it is determined that the absentee ballot must be
283+2 rejected under IC 3-11.5.
284+3 (c) The retraction feature described in subsection (b) must
285+4 assign a unique identification number to each absentee ballot. The
286+5 unique identification number assigned to an absentee ballot may
287+6 not include any of the following information about the voter who
288+7 cast the absentee ballot:
289+8 (1) Name.
290+9 (2) Residence or mailing address.
291+10 (3) Telephone number.
292+11 (4) Social Security number.
293+12 (5) Date of birth.
294+13 (6) Date the voter registered.
295+14 (7) Indiana driver's license or state identification number
296+15 assigned by the bureau of motor vehicles.
297+16 (d) A county election board must implement a procedure to keep
298+17 the unique identification number described in this section secure
299+18 from unauthorized access. All unique identification numbers and
300+19 any list that contains a unique identification number is exempt
301+20 from disclosure, inspection, or copying under IC 5-14-3-4(b)(10).
302+21 SECTION 9. IC 3-11.5-1-5 IS ADDED TO THE INDIANA CODE
303+22 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
304+23 1, 2025]: Sec. 5. Advisory opinion 2022-8, adopted by the election
305+24 commission on March 25, 2022, is void.
306+25 SECTION 10. IC 3-11.5-8-1, AS ADDED BY P.L.157-2019,
307+26 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
308+27 JULY 1, 2025]: Sec. 1. (a) The county election board shall make an
309+28 initial determination concerning whether any absentee ballot cast on an
310+29 electronic voting system must be rejected for any grounds under
311+30 IC 3-11.5-4-13.
312+31 (b) If the county election board makes an initial determination under
313+32 subsection (a) that an absentee ballot must be rejected, the county
314+33 election board shall void the absentee ballot on the electronic voting
315+34 system by retracting the absentee ballot from the voting system.
327316 ES 526—LS 7472/DI 149 8
328-1 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
329-2 JULY 1, 2025]: Sec. 1. (a) The county election board shall make an
330-3 initial determination concerning whether any absentee ballot cast on an
331-4 electronic voting system must be rejected for any grounds under
332-5 IC 3-11.5-4-13.
333-6 (b) If the county election board makes an initial determination under
334-7 subsection (a) that an absentee ballot must be rejected, the county
335-8 election board shall void the absentee ballot on the electronic voting
336-9 system by retracting the absentee ballot from the voting system.
337-ES 526—LS 7472/DI 149 9
338317 COMMITTEE REPORT
339318 Mr. President: The Senate Committee on Elections, to which was
340319 referred Senate Bill No. 526, has had the same under consideration and
341320 begs leave to report the same back to the Senate with the
342321 recommendation that said bill DO PASS.
343322 (Reference is to SB 526 as introduced.)
344323
345324 GASKILL, Chairperson
346325 Committee Vote: Yeas 9, Nays 0
347326 _____
348327 SENATE MOTION
349328 Mr. President: I move that Senate Bill 526 be amended to read as
350329 follows:
351330 Page 5, between lines 8 and 9, begin a new paragraph and insert:
352331 "SECTION 6. IC 3-11-15-13.3, AS AMENDED BY P.L.115-2022,
353332 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
354333 JULY 1, 2025]: Sec. 13.3. (a) To be approved by the commission for
355334 use in Indiana, a voting system must meet one (1) of the following:
356335 (1) The Voting System Standards adopted by the Federal Election
357336 Commission on April 30, 2002.
358337 (2) The Voluntary Voting System Guidelines adopted by the
359338 United States Election Assistance Commission on December 13,
360339 2005.
361340 (3) The Voluntary Voting System Guidelines adopted by the
362341 United States Election Assistance Commission as amended on
363342 March 31, 2015. on February 10, 2021.
364343 (b) Except as provided in subsection (c), a county may continue to
365344 use an optical scan ballot card voting system or an electronic voting
366345 system whose approval or certification expired on or before October 1,
367346 2021, 2025, if the voting system:
368347 (1) was:
369348 (A) approved by the commission for use in elections in Indiana
370349 before October 1, 2021; 2025; and
371350 (B) purchased or leased by the county before October 1, 2021;
372351 2025; and
373352 (2) otherwise complies with the applicable provisions of HAVA
374353 and this article.
375354 However, a voting system vendor may not market, sell, lease, or install
376-ES 526—LS 7472/DI 149 10
355+ES 526—LS 7472/DI 149 9
377356 a voting system described in this subsection.
378357 (c) A county may not continue to use an electronic voting system
379358 after July 1, 2024, unless the:
380359 (1) system includes a voter verifiable paper audit trail; and
381360 (2) certification of that system by the commission has not expired.
382361 (d) As provided by 52 U.S.C. 21081, to be used in an election in
383362 Indiana, a voting system must be accessible for individuals with
384363 disabilities, including nonvisual accessibility for the blind and visually
385364 impaired, in a manner that provides the same opportunity for access
386365 and participation (including privacy and independence) as for other
387366 voters.
388367 (e) As provided by 52 U.S.C. 21081, an election board conducting
389368 an election satisfies the requirements of subsection (d) if the election
390369 board provides at least one (1) electronic voting system or other voting
391370 system equipped for individuals with disabilities at each polling place.
392371 (f) If a voter who is otherwise qualified to cast a ballot in a precinct
393372 chooses to cast the voter's ballot on the voting system provided under
394373 subsection (e), the voter must be allowed to cast the voter's ballot on
395374 that voting system, whether or not the voter is an individual with
396375 disabilities.
397376 SECTION 7. IC 3-11-15-20, AS AMENDED BY P.L.100-2018,
398377 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
399378 JULY 1, 2025]: Sec. 20. (a) A voting system must be able to record
400379 accurately each vote and be able to produce an accurate report of all
401380 votes cast.
402381 (b) As used in this subsection, "error rate" refers to the error rate of
403382 the voting system in counting ballots (determined by taking into
404383 account only those errors that are attributable to the voting system and
405384 not attributable to an act of the voter). As required by 52 U.S.C. 21081,
406385 a voting system must comply with the error rate standards established
407386 under section 4.1.1 Principle 1, Guideline 1.2 of the Voluntary Voting
408387 System Guidelines adopted by the United States Election Assistance
409388 Commission as amended on March 31, 2015. on February 10, 2021.
410389 (c) The inclusion of control logic and data processing methods
411390 incorporating parity and check-sums (or equivalent error detection and
412391 correction methods) must demonstrate that the system has been
413392 designed for accuracy.".
414393 Renumber all SECTIONS consecutively.
415394 (Reference is to SB 526 as printed February 11, 2025.)
416395 GASKILL
417-ES 526—LS 7472/DI 149 11
396+ES 526—LS 7472/DI 149 10
418397 COMMITTEE REPORT
419398 Mr. Speaker: Your Committee on Elections and Apportionment, to
420399 which was referred Senate Bill 526, has had the same under
421400 consideration and begs leave to report the same back to the House with
422401 the recommendation that said bill be amended as follows:
423402 Page 6, line 37, delete "must" and insert "may".
424403 Page 7, delete line 9.
425404 Page 7, line 10, delete "(3)" and insert "(2)".
426405 Page 7, line 11, delete "(4)" and insert "(3)".
427406 Page 7, line 12, delete "(5)" and insert "(4)".
428407 Page 7, line 13, delete "(6)" and insert "(5)".
429408 Page 7, line 14, delete "(7)" and insert "(6)".
430409 Page 7, line 15, delete "(8)" and insert "(7)".
431410 and when so amended that said bill do pass.
432411 (Reference is to SB 526 as reprinted February 18, 2025.)
433412 WESCO
434413 Committee Vote: yeas 9, nays 4.
435-_____
436-HOUSE MOTION
437-Mr. Speaker: I move that Engrossed Senate Bill 526 be amended to
438-read as follows:
439-Page 1, between the enacting clause and line 1, begin a new
440-paragraph and insert:
441-"SECTION 1. IC 3-5-2-42.7 IS ADDED TO THE INDIANA CODE
442-AS A NEW SECTION TO READ AD FOLLOWS [EFFECTIVE
443-JULY 1, 2025]: Sec. 42.7. "Retraction" means the following, with
444-respect to a ballot:
445-(1) The removal of votes on the ballot from the memory or the
446-document onto which the votes were recorded.
447-(2) The exclusion or subtraction of votes on the ballot from
448-the final total from the memory or tabulation system on the
449-document on which the votes were recorded.
450-SECTION 2. IC 3-5-2-48.2 IS ADDED TO THE INDIANA CODE
451-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
452-1, 2025]: Sec. 48.2. "Tabulated" means, with respect to ballots, the
453-process of cumulating into totals the votes on the ballots in a
454-ES 526—LS 7472/DI 149 12
455-precinct, a county, or the election district for each office and each
456-public question on the ballot in the precinct, county, or election
457-district after accounting for ballots that must be retracted.".
458-Page 7, between lines 15 and 16, begin a new line block indented
459-and insert:
460-"(8) Voter identification number assigned under
461-IC 3-7-13-13.".
462-Renumber all SECTIONS consecutively.
463-(Reference is to ESB 526 as printed March 27, 2025.)
464-WESCO
465414 ES 526—LS 7472/DI 149