Absentee ballot retraction., the official text

First Regular Session of the 124th General Assembly (2025)

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between statutes enacted by the 2024 Regular Session of the General Assembly.

  SENATE ENROLLED ACT No. 526

   AN ACT to amend the Indiana Code concerning elections.

   Be it enacted by the General Assembly of the State of Indiana:

   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", with respect to a ballot,
means:

      (1) the removal of votes on the ballot from the memory or the
      document onto which the votes were recorded; or
      (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
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.
   SECTION 3. IC 3-11-13-22, AS AMENDED BY P.L.227-2023,
SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 22. (a) This section applies to:
      (1) a ballot card voting system; and
      (2) a voting system that includes features of a ballot card voting
      system and a direct record electronic voting system.

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   (b) Not later than seventy-four (74) days before election day, for
each county planning to use automatic tabulating machines at the next
election, VSTOP shall provide each county election board with a
randomly sorted list of unique identification numbers for the inventory
of machines in the county maintained under IC 3-11-16-4. Starting at
the top of the list, the county election board shall select machines in the
list in the order listed so that:

      (1) if a machine to be selected in the list is not scheduled to be
      used in the upcoming election, the selection process will move to
      the next machine in the order listed;
      (2) each selected machine is scheduled to be used in the
      upcoming election; and
      (3) the number of machines selected is not less than five percent
      (5%) of the machines in the county scheduled by the county
      election board to be used in the upcoming election.
   (c) The county election board shall test the machines as described
in subsection (b) to ascertain that the machines will correctly do the
following:
      (1) Count the votes cast for straight party tickets, for all
      candidates (including write-in candidates), and on all public
      questions.
      (2) Retract an absentee ballot card of a voter who is later
      found disqualified or whose ballot may not be counted, in
      accordance with IC 3-11.5-4-6, before the voter's ballot is
      tabulated.
If an individual attending the public test requests that additional
automatic tabulating machines be tested, then the county election board
shall select and test additional machines from the list in the manner
described in subsection (b).
   (d) If VSTOP does not provide the lists under subsection (b) not
later than sixty (60) days before the election, the county election board
shall establish and implement a procedure for random selection of not
less than five percent (5%) of the machines in the county to be used in
the upcoming election. The county election board shall then test the
machines selected as described in subsection (c).
   (e) Not later than seven (7) days after conducting the test under
subsection (c), the county election board shall certify to the election
division that the test has been conducted in conformity with subsection
(c). The testing under subsection (c) must begin before absentee voting
begins in the office of the circuit court clerk under IC 3-11-10-26.
   (f) Public notice of the time and place shall be given at least
forty-eight (48) hours before the test. The notice shall be published

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once in accordance with IC 5-3-1-4.
   (g) If a county election board determines that:
      (1) a ballot:
         (A) must be reprinted or corrected as provided by
         IC 3-11-2-16 because of the omission of a candidate, political
         party, or public question from the ballot; or
         (B) is an absentee ballot that a voter is entitled to recast under
         IC 3-11.5-4-2 because the absentee ballot includes a candidate
         for election to office who:
            (i) ceased to be a candidate; and
            (ii) has been succeeded by a candidate selected under
            IC 3-13-1 or IC 3-13-2; and
      (2) ballots used in the test conducted under this section were not
      reprinted or corrected to remove the omission of a candidate,
      political party, or public question, or indicate the name of the
      successor candidate;

the county election board shall conduct an additional public test
described in subsection (c) using the reprinted or corrected ballots.
Notice of the time and place of the additional test shall be given in
accordance with IC 5-14-1.5, but publication of the notice in
accordance with IC 5-3-1-4 is not required.

   (h) Notwithstanding IC 3-5-4-1.7, a county election board may send
a signed form from a public test to the election division by electronic
mail or fax.

   SECTION 4. IC 3-11-13-24, AS AMENDED BY P.L.193-2021,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 24. (a) This subsection applies to a ballot card
voting system. The test required by section 22 of this chapter must:

      (1) be conducted by processing a preaudited group of ballot cards
      marked so as to record a predetermined number of valid votes for
      each candidate and on each public question;
      (2) include for each office one (1) or more ballot cards that have
      votes in excess of the number allowed by law in order to test the
      ability of the automatic tabulating machines to reject the votes;
      and
      (3) include at least one (1) ballot from three (3) different precincts
      where an election will be conducted.
   (b) This subsection applies to a voting system that includes features
of a ballot card voting system and a direct record electronic voting
system. The test required by section 22 of this chapter must:
      (1) be conducted by the entry of:

         (A) a preaudited group of ballots; and

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         (B) at least ten (10) ballots cast by using the headphone or a
         sip/puff device;
      so as to record a predetermined number of valid votes for each
      candidate and on each public question; and
      (2) include at least one (1) ballot for each office and public
      question that has votes in excess of the number allowed by law in
      order to test the ability of the voting system to reject the
      overvotes.
   (c) This subsection applies to a voting system described in
subsections (a) and (b). The test required under section 22 of this
chapter must include at least one (1) ballot that must be rejected
under IC 3-11.5-4-13, and the voting system must void the ballot in
accordance with IC 3-11.5-4-6 before the ballot is tabulated.
   SECTION 5. IC 3-11-13-24.5, AS ADDED BY P.L.193-2021,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 24.5. Immediately following the completion of the
test required by section 22 of this chapter, the county election board
shall enter the vote totals from the voting system tabulator tested under
this chapter into the component of the voting system used by the county
election board to tabulate and canvass the election results under
IC 3-12-4. The board shall determine whether the component of the
voting system properly tabulates and determines:
      (1) the votes cast in each of the precincts; and
      (2) the total for each candidate and public question on the ballots
      tested under this chapter; and
      (3) that a ballot designated as rejected under section 24(c) of
      this chapter is not included.
   SECTION 6. IC 3-11-14.5-5, AS AMENDED BY P.L.193-2021,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The test required by this chapter must
include the following:
      (1) The visual inspection of the voting system and ballot labels.
      (2) The manual entry of a preaudited group of ballots marked so
      as to record a predetermined number of valid votes for each
      candidate and on each public question.
      (3) At least one (1) ballot for each office that has votes in excess
      of the number allowed by law in order to test the ability of the
      electronic voting system to reject the overvotes.
   (b) The test required by this chapter must include the following:
      (1) The entry of a preaudited group of at least one (1) ballot from
      three (3) different precincts where an election will be conducted
      to:

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         (1) (A) test the functionality of the system components used by
         a voter with disabilities to independently and privately cast a
         ballot; and
         (2) (B) record a predetermined number of valid votes for each
         candidate and on each public question.
      (2) At least one (1) ballot that must be rejected under
      IC 3-11.5-4-13 that the voting system must void in accordance
      with IC 3-11.5-4-6 before the ballot is tabulated.
   SECTION 7. IC 3-11-14.5-8, AS ADDED BY P.L.221-2005,
SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) Immediately following the completion of
the voting system test under section 5 of this chapter, the county
election board shall enter the vote totals from the voting systems tested
under this chapter into the component of the voting system used by the
county election board to tabulate election results under IC 3-12-3.5.
   (b) The board shall determine whether this component of the voting
system properly tabulates the votes cast in each of the precincts tested
under this chapter, including that the system properly voided a
rejected ballot under section 5(b)(2) of this chapter.
   SECTION 8. 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.

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However, a voting system vendor may not market, sell, lease, or install
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 9. 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.
   SECTION 10. IC 3-11-15-26, AS AMENDED BY P.L.219-2013,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 26. (a) The ballot counting software must be
designed in a modular fashion and not be self-modifying. Modular

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programs must consist of code written in relatively small and easily
identifiable sections, with each unit having a single entry point and a
single exit point. Each module must have a specific function that can
be tested and verified more or less independently of the remainder of
the code.

   (b) A voting system may include a retraction feature that allows
a vote cast on an absentee ballot that is:

      (1) scanned into:
         (A) a ballot card voting system; or
         (B) an optical scan ballot card system; or

      (2) entered into an electronic voting system;
to be retracted if it is determined that the absentee ballot must be
rejected under IC 3-11.5.

   (c) The retraction feature described in subsection (b) must
assign a unique identification number to each absentee ballot. The
unique identification number assigned to an absentee ballot may
not include any of the following information about the voter who
cast the absentee ballot:

      (1) Name.
      (2) Residence or mailing address.
      (3) Telephone number.
      (4) Social Security number.
      (5) Date of birth.
      (6) Date the voter registered.
      (7) Indiana driver's license or state identification number
      assigned by the bureau of motor vehicles.
   (d) A county election board must implement a procedure to keep
the unique identification number described in this section secure
from unauthorized access. All unique identification numbers and
any list that contains a unique identification number is exempt
from disclosure, inspection, or copying under IC 5-14-3-4(b)(10).
   SECTION 11. IC 3-11.5-1-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 5. Advisory opinion 2022-8, adopted by the election
commission on March 25, 2022, is void.
   SECTION 12. IC 3-11.5-8-1, AS ADDED BY P.L.157-2019,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) The county election board shall make an
initial determination concerning whether any absentee ballot cast on an
electronic voting system must be rejected for any grounds under
IC 3-11.5-4-13.
   (b) If the county election board makes an initial determination under

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subsection (a) that an absentee ballot must be rejected, the county
election board shall void the absentee ballot on the electronic voting
system by retracting the absentee ballot from the voting system.

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President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

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