State Audit Laws Searchable Database

State Audit Laws - Indiana

This information was updated in September, 2013 and reviewed in March 2017.

State Summary:

First passed in 1986, Indiana's audit law, while it audits the entire ballot, does not lead to a full recount. Audits in Indiana are not automatic but must be requested by the county chairman of a political party. Additionally, Indiana established a statewide "Voting System Technical Oversight Program" (VSTOP) in 2005, under Indiana Code §3-11-16. VSTOP, which is currently conducted by the Bowen Center for Public Affairs at Ball State University, is charged with conducting annual random audits and preparing "reports indicating whether the voting systems have been certified, programmed, and used in compliance with Indiana law." The manner of the audits, however, is not further detailed in the statute.

The website hosting Indiana's Code does not provide links to individual statutes. All citations below are from Title 3, Article 11, Chapter 13, "Voting by Ballot Card Voting System".

Transparency:

No statutory guidance allowing observers to verify ballot marks
No statutory requirement that audit results and data be made public
Statutes specify that audits must be conducted publicly

The public is to be notified of the time and place of the audit at least 48 hours before it begins. See Indiana Code §3-11-13-41, "Notice of audit".

Voting Systems Used:

Mixed paper ballot and DREs without VVPAT

Precinct-count optical scanners or DREs without VVPAT are used as primary voting systems across the state. Some counties provide DREs for accessibility while others use ballot marking devices. For details visit the Indiana page on The Verifier.

Binding:

Audit results binding upon official results

If the county board uncovers errors within 17 days after the election the board must correct those errors and update the official results. See Indiana Code §3-12-5-14.

Addressing Discrepancies and Continuing the Audit:

No statutory guidance for expanding the audit

No statutory guidance for expanding the audit.

Audit Comprehensiveness:

No statutory guidance for ballots counted by hand on election day to be included in audit
No statutory guidance for either early, absentee or provisional ballots

No statutory guidance for ballots counted by hand on election day to be included in audit.

Additional Targeted Samples:

No statutory guidance for additional targeted samples

Contests and Issues Audited:

Every contest and ballot issue voted on the ballot is audited
Federal election contests audited
Local election contests audited
Primary elections audited
Statewide election contests audited

The audit is to be conducted "for each candidate and each public question." See Indiana Code §3-11-13-37, "Confirmation of count". The statute does not explicitly limit the type of election for which a party chairman may request an audit, suggesting that both primary and general elections may be audited.

Type of Audit Units:

Precincts/districts

The party chairman may request that not more than 5% of the precincts, or 5 precincts, whichever is greater, may be audited. The request is limited to precincts that use optically-scanned paper ballots. See Indiana Code §3-11-13-39, "Petition for confirmation of vote cast".

Counting Method:

Counting method chosen by election official

The county election board is required to conduct the audit "by means of tests and procedures that are approved by the commission and independent of the provider of the ballot card voting system being audited," but these procedures are not detailed in the statutes. See Indiana Code §3-11-13-39, "Audit requirement".

Oversight and Conduct of Audit: Certification, as well as conduct of the random selection and the audit, is done by the county election board. See Indiana Code §3-11-13-39 and §3-11-13-40, "Certification of results of audit".

Timeline for Audit: The party chairman must file their petition for an audit "no earlier than the Saturday before an election and no later than the Thursday after an election." See Indiana Code §3-11-13-38. The audit must be completed and certified within 12 days after the election. See Indiana Code §3-11-13-40.

Additional Resources:


Indiana Code - Title 3 - Elections
Indiana Secretary of State Elections Division



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