This information was updated in September, 2013.
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: http://www.in.gov/legislative/ic/code/title3/ar11/ch16.html. 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.
Note: 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”: http://www.in.gov/legislative/ic/2004/title3/ar11/ch13.html .
Statutes specify that audits must be conducted publicly
No statutory requirement that audit results and data be made public
No statutory guidance allowing observers to verify ballot marks
The public is to be notified of the time and place of the audit at least 48 hours before it begins. See Section 3-11-13-41, “Notice of audit.”
Mixed paper ballot and DREs without VVPAT
For more details, visit Verified Voting.
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 (IC 3-12-5-14.)
No statutory guidance for expanding the 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
No statutory guidance for additional targeted samples
Every contest and ballot issue voted on the ballot is audited
Primary elections audited
Local election contests audited
Statewide election contests audited
Federal election contests audited
The audit is to be conducted "for each candidate and each public question." See Section 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.
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 Section 3-11-13-39, “Petition for confirmation of vote cast.”
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 Section 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 Section 3-11-13-39 and Section 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 Section 3-11-13-38.
The audit must be completed and certified within 12 days after the election. See Section 3-11-13-40.