Indiana Audit Information

Audit Laws Database Moved

Verified Voting, a nonpartisan, nonprofit organization with a commitment to verifiable elections, will be hosting and maintaining the state audit laws database. Please go to the new State Audit Laws database at Verified Voting to view the most up-to-date database.

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 .

Transparency: 

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.”

Voting Systems Used: 

Mixed paper ballot and DREs without VVPAT

 

For more details, visit Verified Voting.

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 (IC 3-12-5-14.)

Addressing Discrepancies and Continuing the Audit: 

No statutory guidance for expanding the audit

Audit Comprehensiveness: 

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

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.

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 Section 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 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.