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Indiana Code Title 3. Elections § 3-11-3-10

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 10. (a) Except as otherwise provided in this section, the inspector of each precinct, or another member of the precinct election board authorized in writing by the inspector, shall appear at the office of the county election board of the inspector's county on the second or third day before election day to receive ballots and other supplies.

(b) This subsection applies to an electronic poll book.  Before delivery of an electronic poll book to an inspector or the inspector's authorized representative, the county election board shall:

(1) affix a tamper-proof numbered seal to the electronic poll book or a secure container that includes a single electronic poll book;

(2) record the number of the seal affixed to each electronic poll book or container;  and

(3) provide a list of the units and the number of the unit's seal to the inspector.

(c) A county election board may adopt a resolution by the unanimous vote of the entire membership of the county election board to use an alternative electronic poll book delivery protocol instead of using seals under subsection (b).  A resolution under this subsection must set forth the following information:

(1) The method to be used to ensure that an electronic poll book is not accessed, modified, or tampered with after the electronic poll book is transferred by the county election board to the inspector or the inspector's authorized representative for delivery.

(2) The method for a precinct election board or vote center officers to determine and document on behalf of the county election board that each electronic poll book was successfully secured against improper access, modification, or tampering before delivery to the polling place or vote center.

Before any electronic poll book is delivered to a polling place or vote center, the resolution must be filed with the election division.

(d) This subsection applies to a voting system.  At any time before election day:

(1) the county election board;

(2) teams consisting of at least two (2) individuals and that:

(A) are designated by the county election board;

(B) are affiliated with a political party entitled to nominate an individual to serve as an appointed member of the county election board;  and

(C) have at least two (2) individuals on the team who are not members of the same political party;  or

(3) a commercial delivery entity operating under a contract with the county election board;

shall deliver all voting systems to the polls for the precinct or to the vote centers.

(e) The county election board may not:

(1) designate any individual to serve on a delivery team if the individual is:

(A) imprisoned;

(B) subject to lawful detention;

(C) on probation;

(D) on parole;

(E) subject to home detention;  or

(F) placed in a community corrections program;  or

(2) permit a commercial delivery entity to allow any individual who is:

(A) imprisoned;

(B) subject to lawful detention;

(C) on probation;

(D) on parole;

(E) subject to home detention;  or

(F) placed in a community corrections program;

to have access to or deliver a voting system.

(f) If a county election board uses the teams or a commercial delivery entity described in subsection (d), the board shall require that:

(1) two (2) members of each team who are not members of the same political party;  or

(2) the commercial delivery entity;

execute a certificate setting forth the information set forth in subsection (g).

(g) The certificate required in subsection (f) must be signed by the two (2) members of each team described in subsection (d) or by an individual authorized to act on behalf of the commercial delivery entity.  The certificate must include the following:

(1) That the voting systems remained in the custody and control of each individual during the period beginning when the voting systems were received from the county election board and ending when the voting systems were delivered to the location of the polling place or vote center.

(2) That no individual other than a team member or an individual acting on behalf of the commercial delivery entity had access to any voting system.

(3) That an individual documented receipt of the voting system at the polling location or vote center when the system was delivered.

(4) The:

(A) written name and signature of the individual;  and

(B) date that the voting system was delivered to the custody of that individual.

(h) Immediately upon any delivery of a voting system, the completed certificate must be filed with the county election board.

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Cite this article: FindLaw.com - Indiana Code Title 3. Elections § 3-11-3-10 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-3-elections/in-code-sect-3-11-3-10/

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