Ballot marking devices; requirements

Sec. 7.5. (a) This section applies to a marking device used in a voting system that:

(1) contains features of both a ballot card voting system and an electronic voting system; and

(2) produces a ballot card with the voter's choices as selected by the voter and marked on the card by the device.

(b) The interface of the marking device used with an optical scan voting system must include all of the following:

(1) The information required by IC 3-11-14-3.5.

(2) The instructions required by IC 3-11-2-8.

(3) The information and instructions required by IC 3-11-2-10.

(c) A marking device must comply with the same disability access standards as an electronic voting system under IC 3-11-15-13.6.

(d) Notwithstanding any other provision of this title, a ballot card used with a marking device must have either preprinted or printed by the marking device the following:

(1) When the marking device is used for absentee voting under IC 3-11-10-26, the circuit court clerk's signature and seal required by IC 3-11-10-27.

(2) When the marking device is used by a voter to cast a provisional ballot, the circuit court clerk's signature and seal required by IC 3-11.7-1-7.

(3) A line or box for each poll clerk's initial as required by section 19 of this chapter.

(4) When the marking device is used during a primary election, the name of the political party whose primary the voter is participating in or the word "nonpartisan" if the voter is voting a ballot that contains only a public question certified by the county election board under IC 3-10-9.

(e) If the voting system produces a ballot card, the ballot card must contain a summary ballot scan of the voter's ballot that includes all of the following:

(1) The name or designation of each office on the voter's ballot.

(2) The name of the candidate and the candidate's political party selected by the voter.

(3) If the voter selects a straight party ticket, the name of the political party ticket the voter selected.

(4) A description of the text of any public question or judicial retention question on the voter's ballot that the county election board determines reasonably conveys the content of the public question or judicial retention question and the response the voter selected for each question.

The ballot card may contain additional information described in subsection (b).

(f) Notwithstanding any other provision of this chapter, a ballot card used with the marking device may be a different dimension or size than other ballot cards:

(1) approved by the county election board for use in an election; and

(2) that are not designed to be marked by the marking device.

(g) A voter verifiable paper audit trail is not a marking device.

As added by P.L.109-2021, SEC.44.