*ES0526.2*
Reprinted
April 1, 2025
ENGROSSED
SENATE BILL No. 526
_____
DIGEST OF SB 526 (Updated March 31, 2025 3:57 pm - DI 149)
Citations Affected: IC 3-5; IC 3-11; IC 3-11.5.
Synopsis: Absentee ballot retraction. Requires a county election board
to test certain voting machines to ensure that an absentee ballot can be
retracted before tabulation of the ballot if the ballot is required to be
rejected. Requires the public test of a voting system to test whether a
rejected ballot is retracted. Voids a March 25, 2022, advisory opinion
adopted by the Indiana election commission. Provides that, to be
approved by the Indiana election commission for use in Indiana, a
voting system must meet certain standards of the Voluntary Voting
System Guidelines adopted by the United States Election Assistance
Commission on February 10, 2021. Allows a county to continue to use
an optical scan ballot card voting system or an electronic voting system
if certain matters concerning the voting system were approved before
October 1, 2025. Allows a voting system to include a retraction feature
concerning certain votes cast on absentee ballots.
Effective: July 1, 2025.
Gaskill, Donato
(HOUSE SPONSOR — WESCO)
January 16, 2025, read first time and referred to Committee on Elections.
February 10, 2025, reported favorably — Do Pass.
February 17, 2025, read second time, amended, ordered engrossed.
February 18, 2025, engrossed.
February 20, 2025, read third time, passed. Yeas 47, nays 1.
HOUSE ACTION
March 3, 2025, read first time and referred to Committee on Elections and Apportionment.
March 27, 2025, amended, reported — Do Pass.
March 31, 2025, read second time, amended, ordered engrossed.
ES 526—LS 7472/DI 149 Reprinted
April 1, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 526
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-5-2-42.7 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AD FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 42.7. "Retraction" means the following, with
4 respect to a ballot:
5 (1) The removal of votes on the ballot from the memory or the
6 document onto which the votes were recorded.
7 (2) The exclusion or subtraction of votes on the ballot from
8 the final total from the memory or tabulation system on the
9 document on which the votes were recorded.
10 SECTION 2. IC 3-5-2-48.2 IS ADDED TO THE INDIANA CODE
11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
12 1, 2025]: Sec. 48.2. "Tabulated" means, with respect to ballots, the
13 process of cumulating into totals the votes on the ballots in a
14 precinct, a county, or the election district for each office and each
15 public question on the ballot in the precinct, county, or election
16 district after accounting for ballots that must be retracted.
17 SECTION 3. IC 3-11-13-22, AS AMENDED BY P.L.227-2023,
ES 526—LS 7472/DI 149 2
1 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 22. (a) This section applies to:
3 (1) a ballot card voting system; and
4 (2) a voting system that includes features of a ballot card voting
5 system and a direct record electronic voting system.
6 (b) Not later than seventy-four (74) days before election day, for
7 each county planning to use automatic tabulating machines at the next
8 election, VSTOP shall provide each county election board with a
9 randomly sorted list of unique identification numbers for the inventory
10 of machines in the county maintained under IC 3-11-16-4. Starting at
11 the top of the list, the county election board shall select machines in the
12 list in the order listed so that:
13 (1) if a machine to be selected in the list is not scheduled to be
14 used in the upcoming election, the selection process will move to
15 the next machine in the order listed;
16 (2) each selected machine is scheduled to be used in the
17 upcoming election; and
18 (3) the number of machines selected is not less than five percent
19 (5%) of the machines in the county scheduled by the county
20 election board to be used in the upcoming election.
21 (c) The county election board shall test the machines as described
22 in subsection (b) to ascertain that the machines will correctly do the
23 following:
24 (1) Count the votes cast for straight party tickets, for all
25 candidates (including write-in candidates), and on all public
26 questions.
27 (2) Retract an absentee ballot card of a voter who is later
28 found disqualified or whose ballot may not be counted, in
29 accordance with IC 3-11.5-4-6, before the voter's ballot is
30 tabulated.
31 If an individual attending the public test requests that additional
32 automatic tabulating machines be tested, then the county election board
33 shall select and test additional machines from the list in the manner
34 described in subsection (b).
35 (d) If VSTOP does not provide the lists under subsection (b) not
36 later than sixty (60) days before the election, the county election board
37 shall establish and implement a procedure for random selection of not
38 less than five percent (5%) of the machines in the county to be used in
39 the upcoming election. The county election board shall then test the
40 machines selected as described in subsection (c).
41 (e) Not later than seven (7) days after conducting the test under
42 subsection (c), the county election board shall certify to the election
ES 526—LS 7472/DI 149 3
1 division that the test has been conducted in conformity with subsection
2 (c). The testing under subsection (c) must begin before absentee voting
3 begins in the office of the circuit court clerk under IC 3-11-10-26.
4 (f) Public notice of the time and place shall be given at least
5 forty-eight (48) hours before the test. The notice shall be published
6 once in accordance with IC 5-3-1-4.
7 (g) If a county election board determines that:
8 (1) a ballot:
9 (A) must be reprinted or corrected as provided by
10 IC 3-11-2-16 because of the omission of a candidate, political
11 party, or public question from the ballot; or
12 (B) is an absentee ballot that a voter is entitled to recast under
13 IC 3-11.5-4-2 because the absentee ballot includes a candidate
14 for election to office who:
15 (i) ceased to be a candidate; and
16 (ii) has been succeeded by a candidate selected under
17 IC 3-13-1 or IC 3-13-2; and
18 (2) ballots used in the test conducted under this section were not
19 reprinted or corrected to remove the omission of a candidate,
20 political party, or public question, or indicate the name of the
21 successor candidate;
22 the county election board shall conduct an additional public test
23 described in subsection (c) using the reprinted or corrected ballots.
24 Notice of the time and place of the additional test shall be given in
25 accordance with IC 5-14-1.5, but publication of the notice in
26 accordance with IC 5-3-1-4 is not required.
27 (h) Notwithstanding IC 3-5-4-1.7, a county election board may send
28 a signed form from a public test to the election division by electronic
29 mail or fax.
30 SECTION 4. IC 3-11-13-24, AS AMENDED BY P.L.193-2021,
31 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2025]: Sec. 24. (a) This subsection applies to a ballot card
33 voting system. The test required by section 22 of this chapter must:
34 (1) be conducted by processing a preaudited group of ballot cards
35 marked so as to record a predetermined number of valid votes for
36 each candidate and on each public question;
37 (2) include for each office one (1) or more ballot cards that have
38 votes in excess of the number allowed by law in order to test the
39 ability of the automatic tabulating machines to reject the votes;
40 and
41 (3) include at least one (1) ballot from three (3) different precincts
42 where an election will be conducted.
ES 526—LS 7472/DI 149 4
1 (b) This subsection applies to a voting system that includes features
2 of a ballot card voting system and a direct record electronic voting
3 system. The test required by section 22 of this chapter must:
4 (1) be conducted by the entry of:
5 (A) a preaudited group of ballots; and
6 (B) at least ten (10) ballots cast by using the headphone or a
7 sip/puff device;
8 so as to record a predetermined number of valid votes for each
9 candidate and on each public question; and
10 (2) include at least one (1) ballot for each office and public
11 question that has votes in excess of the number allowed by law in
12 order to test the ability of the voting system to reject the
13 overvotes.
14 (c) This subsection applies to a voting system described in
15 subsections (a) and (b). The test required under section 22 of this
16 chapter must include at least one (1) ballot that must be rejected
17 under IC 3-11.5-4-13, and the voting system must void the ballot in
18 accordance with IC 3-11.5-4-6 before the ballot is tabulated.
19 SECTION 5. IC 3-11-13-24.5, AS ADDED BY P.L.193-2021,
20 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2025]: Sec. 24.5. Immediately following the completion of the
22 test required by section 22 of this chapter, the county election board
23 shall enter the vote totals from the voting system tabulator tested under
24 this chapter into the component of the voting system used by the county
25 election board to tabulate and canvass the election results under
26 IC 3-12-4. The board shall determine whether the component of the
27 voting system properly tabulates and determines:
28 (1) the votes cast in each of the precincts; and
29 (2) the total for each candidate and public question on the ballots
30 tested under this chapter; and
31 (3) that a ballot designated as rejected under section 24(c) of
32 this chapter is not included.
33 SECTION 6. IC 3-11-14.5-5, AS AMENDED BY P.L.193-2021,
34 SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2025]: Sec. 5. (a) The test required by this chapter must
36 include the following:
37 (1) The visual inspection of the voting system and ballot labels.
38 (2) The manual entry of a preaudited group of ballots marked so
39 as to record a predetermined number of valid votes for each
40 candidate and on each public question.
41 (3) At least one (1) ballot for each office that has votes in excess
42 of the number allowed by law in order to test the ability of the
ES 526—LS 7472/DI 149 5
1 electronic voting system to reject the overvotes.
2 (b) The test required by this chapter must include the following:
3 (1) The entry of a preaudited group of at least one (1) ballot from
4 three (3) different precincts where an election will be conducted
5 to:
6 (1) (A) test the functionality of the system components used by
7 a voter with disabilities to independently and privately cast a
8 ballot; and
9 (2) (B) record a predetermined number of valid votes for each
10 candidate and on each public question.
11 (2) At least one (1) ballot that must be rejected under
12 IC 3-11.5-4-13 that the voting system must void in accordance
13 with IC 3-11.5-4-6 before the ballot is tabulated.
14 SECTION 7. IC 3-11-14.5-8, AS ADDED BY P.L.221-2005,
15 SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2025]: Sec. 8. (a) Immediately following the completion of
17 the voting system test under section 5 of this chapter, the county
18 election board shall enter the vote totals from the voting systems tested
19 under this chapter into the component of the voting system used by the
20 county election board to tabulate election results under IC 3-12-3.5.
21 (b) The board shall determine whether this component of the voting
22 system properly tabulates the votes cast in each of the precincts tested
23 under this chapter, including that the system properly voided a
24 rejected ballot under section 5(b)(2) of this chapter.
25 SECTION 8. IC 3-11-15-13.3, AS AMENDED BY P.L.115-2022,
26 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2025]: Sec. 13.3. (a) To be approved by the commission for
28 use in Indiana, a voting system must meet one (1) of the following:
29 (1) The Voting System Standards adopted by the Federal Election
30 Commission on April 30, 2002.
31 (2) The Voluntary Voting System Guidelines adopted by the
32 United States Election Assistance Commission on December 13,
33 2005.
34 (3) The Voluntary Voting System Guidelines adopted by the
35 United States Election Assistance Commission as amended on
36 March 31, 2015. on February 10, 2021.
37 (b) Except as provided in subsection (c), a county may continue to
38 use an optical scan ballot card voting system or an electronic voting
39 system whose approval or certification expired on or before October 1,
40 2021, 2025, if the voting system:
41 (1) was:
42 (A) approved by the commission for use in elections in Indiana
ES 526—LS 7472/DI 149 6
1 before October 1, 2021; 2025; and
2 (B) purchased or leased by the county before October 1, 2021;
3 2025; and
4 (2) otherwise complies with the applicable provisions of HAVA
5 and this article.
6 However, a voting system vendor may not market, sell, lease, or install
7 a voting system described in this subsection.
8 (c) A county may not continue to use an electronic voting system
9 after July 1, 2024, unless the:
10 (1) system includes a voter verifiable paper audit trail; and
11 (2) certification of that system by the commission has not expired.
12 (d) As provided by 52 U.S.C. 21081, to be used in an election in
13 Indiana, a voting system must be accessible for individuals with
14 disabilities, including nonvisual accessibility for the blind and visually
15 impaired, in a manner that provides the same opportunity for access
16 and participation (including privacy and independence) as for other
17 voters.
18 (e) As provided by 52 U.S.C. 21081, an election board conducting
19 an election satisfies the requirements of subsection (d) if the election
20 board provides at least one (1) electronic voting system or other voting
21 system equipped for individuals with disabilities at each polling place.
22 (f) If a voter who is otherwise qualified to cast a ballot in a precinct
23 chooses to cast the voter's ballot on the voting system provided under
24 subsection (e), the voter must be allowed to cast the voter's ballot on
25 that voting system, whether or not the voter is an individual with
26 disabilities.
27 SECTION 9. IC 3-11-15-20, AS AMENDED BY P.L.100-2018,
28 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2025]: Sec. 20. (a) A voting system must be able to record
30 accurately each vote and be able to produce an accurate report of all
31 votes cast.
32 (b) As used in this subsection, "error rate" refers to the error rate of
33 the voting system in counting ballots (determined by taking into
34 account only those errors that are attributable to the voting system and
35 not attributable to an act of the voter). As required by 52 U.S.C. 21081,
36 a voting system must comply with the error rate standards established
37 under section 4.1.1 Principle 1, Guideline 1.2 of the Voluntary Voting
38 System Guidelines adopted by the United States Election Assistance
39 Commission as amended on March 31, 2015. on February 10, 2021.
40 (c) The inclusion of control logic and data processing methods
41 incorporating parity and check-sums (or equivalent error detection and
42 correction methods) must demonstrate that the system has been
ES 526—LS 7472/DI 149 7
1 designed for accuracy.
2 SECTION 10. IC 3-11-15-26, AS AMENDED BY P.L.219-2013,
3 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2025]: Sec. 26. (a) The ballot counting software must be
5 designed in a modular fashion and not be self-modifying. Modular
6 programs must consist of code written in relatively small and easily
7 identifiable sections, with each unit having a single entry point and a
8 single exit point. Each module must have a specific function that can
9 be tested and verified more or less independently of the remainder of
10 the code.
11 (b) A voting system may include a retraction feature that allows
12 a vote cast on an absentee ballot that is:
13 (1) scanned into:
14 (A) a ballot card voting system; or
15 (B) an optical scan ballot card system; or
16 (2) entered into an electronic voting system;
17 to be retracted if it is determined that the absentee ballot must be
18 rejected under IC 3-11.5.
19 (c) The retraction feature described in subsection (b) must
20 assign a unique identification number to each absentee ballot. The
21 unique identification number assigned to an absentee ballot may
22 not include any of the following information about the voter who
23 cast the absentee ballot:
24 (1) Name.
25 (2) Residence or mailing address.
26 (3) Telephone number.
27 (4) Social Security number.
28 (5) Date of birth.
29 (6) Date the voter registered.
30 (7) Indiana driver's license or state identification number
31 assigned by the bureau of motor vehicles.
32 (8) Voter identification number assigned under IC 3-7-13-13.
33 (d) A county election board must implement a procedure to keep
34 the unique identification number described in this section secure
35 from unauthorized access. All unique identification numbers and
36 any list that contains a unique identification number is exempt
37 from disclosure, inspection, or copying under IC 5-14-3-4(b)(10).
38 SECTION 11. IC 3-11.5-1-5 IS ADDED TO THE INDIANA CODE
39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
40 1, 2025]: Sec. 5. Advisory opinion 2022-8, adopted by the election
41 commission on March 25, 2022, is void.
42 SECTION 12. IC 3-11.5-8-1, AS ADDED BY P.L.157-2019,
ES 526—LS 7472/DI 149 8
1 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 1. (a) The county election board shall make an
3 initial determination concerning whether any absentee ballot cast on an
4 electronic voting system must be rejected for any grounds under
5 IC 3-11.5-4-13.
6 (b) If the county election board makes an initial determination under
7 subsection (a) that an absentee ballot must be rejected, the county
8 election board shall void the absentee ballot on the electronic voting
9 system by retracting the absentee ballot from the voting system.
ES 526—LS 7472/DI 149 9
COMMITTEE REPORT
Mr. President: The Senate Committee on Elections, to which was
referred Senate Bill No. 526, has had the same under consideration and
begs leave to report the same back to the Senate with the
recommendation that said bill DO PASS.
(Reference is to SB 526 as introduced.)
GASKILL, Chairperson
Committee Vote: Yeas 9, Nays 0
_____
SENATE MOTION
Mr. President: I move that Senate Bill 526 be amended to read as
follows:
Page 5, between lines 8 and 9, begin a new paragraph and insert:
"SECTION 6. IC 3-11-15-13.3, AS AMENDED BY P.L.115-2022,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13.3. (a) To be approved by the commission for
use in Indiana, a voting system must meet one (1) of the following:
(1) The Voting System Standards adopted by the Federal Election
Commission on April 30, 2002.
(2) The Voluntary Voting System Guidelines adopted by the
United States Election Assistance Commission on December 13,
2005.
(3) The Voluntary Voting System Guidelines adopted by the
United States Election Assistance Commission as amended on
March 31, 2015. on February 10, 2021.
(b) Except as provided in subsection (c), a county may continue to
use an optical scan ballot card voting system or an electronic voting
system whose approval or certification expired on or before October 1,
2021, 2025, if the voting system:
(1) was:
(A) approved by the commission for use in elections in Indiana
before October 1, 2021; 2025; and
(B) purchased or leased by the county before October 1, 2021;
2025; and
(2) otherwise complies with the applicable provisions of HAVA
and this article.
However, a voting system vendor may not market, sell, lease, or install
ES 526—LS 7472/DI 149 10
a voting system described in this subsection.
(c) A county may not continue to use an electronic voting system
after July 1, 2024, unless the:
(1) system includes a voter verifiable paper audit trail; and
(2) certification of that system by the commission has not expired.
(d) As provided by 52 U.S.C. 21081, to be used in an election in
Indiana, a voting system must be accessible for individuals with
disabilities, including nonvisual accessibility for the blind and visually
impaired, in a manner that provides the same opportunity for access
and participation (including privacy and independence) as for other
voters.
(e) As provided by 52 U.S.C. 21081, an election board conducting
an election satisfies the requirements of subsection (d) if the election
board provides at least one (1) electronic voting system or other voting
system equipped for individuals with disabilities at each polling place.
(f) If a voter who is otherwise qualified to cast a ballot in a precinct
chooses to cast the voter's ballot on the voting system provided under
subsection (e), the voter must be allowed to cast the voter's ballot on
that voting system, whether or not the voter is an individual with
disabilities.
SECTION 7. IC 3-11-15-20, AS AMENDED BY P.L.100-2018,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 20. (a) A voting system must be able to record
accurately each vote and be able to produce an accurate report of all
votes cast.
(b) As used in this subsection, "error rate" refers to the error rate of
the voting system in counting ballots (determined by taking into
account only those errors that are attributable to the voting system and
not attributable to an act of the voter). As required by 52 U.S.C. 21081,
a voting system must comply with the error rate standards established
under section 4.1.1 Principle 1, Guideline 1.2 of the Voluntary Voting
System Guidelines adopted by the United States Election Assistance
Commission as amended on March 31, 2015. on February 10, 2021.
(c) The inclusion of control logic and data processing methods
incorporating parity and check-sums (or equivalent error detection and
correction methods) must demonstrate that the system has been
designed for accuracy.".
Renumber all SECTIONS consecutively.
(Reference is to SB 526 as printed February 11, 2025.)
GASKILL
ES 526—LS 7472/DI 149 11
COMMITTEE REPORT
Mr. Speaker: Your Committee on Elections and Apportionment, to
which was referred Senate Bill 526, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 6, line 37, delete "must" and insert "may".
Page 7, delete line 9.
Page 7, line 10, delete "(3)" and insert "(2)".
Page 7, line 11, delete "(4)" and insert "(3)".
Page 7, line 12, delete "(5)" and insert "(4)".
Page 7, line 13, delete "(6)" and insert "(5)".
Page 7, line 14, delete "(7)" and insert "(6)".
Page 7, line 15, delete "(8)" and insert "(7)".
and when so amended that said bill do pass.
(Reference is to SB 526 as reprinted February 18, 2025.)
WESCO
Committee Vote: yeas 9, nays 4.
_____
HOUSE MOTION
Mr. Speaker: I move that Engrossed Senate Bill 526 be amended to
read as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 3-5-2-42.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AD FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 42.7. "Retraction" means the following, with
respect to a ballot:
(1) The removal of votes on the ballot from the memory or the
document onto which the votes were recorded.
(2) The exclusion or subtraction of votes on the ballot from
the final total from the memory or tabulation system on the
document on which the votes were recorded.
SECTION 2. IC 3-5-2-48.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 48.2. "Tabulated" means, with respect to ballots, the
process of cumulating into totals the votes on the ballots in a
ES 526—LS 7472/DI 149 12
precinct, a county, or the election district for each office and each
public question on the ballot in the precinct, county, or election
district after accounting for ballots that must be retracted.".
Page 7, between lines 15 and 16, begin a new line block indented
and insert:
"(8) Voter identification number assigned under
IC 3-7-13-13.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 526 as printed March 27, 2025.)
WESCO
ES 526—LS 7472/DI 149