Sec. 7. (a) A county election board shall file a report with the secretary of state and the election division not later than forty-eight (48) hours after receiving notice from a federal, state, or local government agency that:
(1) a voting system or electronic poll book has been improperly obtained or altered in a manner that violates Indiana law; or
(2) the data concerning the county maintained in the statewide voter registration system has been accessed or altered by a person in violation of Indiana law.
(b) A vendor of a voting system or electronic poll book shall file a report with the secretary of state and the election division not later than forty-eight (48) hours after discovering that an anomaly or problem has occurred in a voting system or electronic poll book due to technical or human error. However, if the anomaly or problem is discovered less than twenty-eight (28) days before 11:59 p.m. on election day, the vendor must file a report not later than two (2) hours after discovering the anomaly or problem.
(c) The secretary of state and the co-directors of the election division may designate a person to aggregate, analyze, make recommendations, and subsequently report anomalies as requested by the secretary and the co-directors of the election division.
(d) The report described in subsection (b) must state all of the following:
(1) The nature of the anomaly or problem.
(2) The county, precinct, vote center, satellite office, or in-person absentee voting location affected.
(3) The vendor's preliminary plan to resolve the anomaly or problem by preventing any impediment to voters casting ballots, or to the accuracy and integrity of the election process.
(4) The date and time an anomaly was first experienced or discovered.
(5) The name and contact information for the individual discovering or experiencing the anomaly.
(6) The date and time the vendor first became aware of the anomaly.
(7) The name and contact information of the vendor representative submitting the report.
(8) Whether the anomaly involved a voting system, an electronic poll book, or a peripheral component of either a voting system or electronic poll book.
(9) The system type, make, model, hardware, firmware, and software version involved, as applicable.
(10) A detailed description of the anomaly and its effect on election administration.
(11) Any findings related to how and where the current or previously reported anomaly originated.
(12) Details of any responsive actions, such as investigation, analysis, determinations, and corrective action implemented or recommended, taken to address the anomaly and its effects.
(e) After initially reported or otherwise known to a vendor, the vendor shall report the anomaly using the secretary of state anomaly reporting platform in the form and manner directed by the secretary of state and the election division not later than the deadline specified in subsection (b).
(f) An anomaly caused solely by operator error is not required to be reported unless a deficiency in user instructions or training is a contributing factor. The burden of showing an anomaly was the result of operator error and not a deficiency of user instructions or training rests with the system vendor.
(g) A vendor must report, not later than fourteen (14) days after discovery, an anomaly occurring outside Indiana involving the same election system type, make, model, or component certified for use in Indiana.
(h) A voting system vendor shall report an anomaly involving a voting system to the commission and the United States Election Assistance Commission and file a copy with the secretary of state and the election division documenting receipt of the report.
(i) Each voting system and electronic poll book vendor shall:
(1) file with the secretary of state and the election division a statement setting forth the name and contact information for the vendor that will be reporting anomalies; and
(2) amend this filing not later than seven (7) days after the change occurs.
(j) The reporting process shall be completed using the secretary of state anomaly reporting platform as follows:
(1) The secretary of state and the election division will request of each voting system and electronic poll book vendor the name and contact information for the vendor representative who will be reporting anomalies.
(2) The secretary of state anomaly reporting platform will be made available to each vendor in an online format. Separate reporting locations in the secretary of state anomaly reporting platform will be provided to each vendor.
(3) Each vendor will report each anomaly in the online location provided.
(4) The person designated under IC 3-11-16 by the state to administer the program will have complete access to the information submitted through the secretary of state anomaly reporting platform.
(5) The secretary of state and the election division shall send an acknowledgment by electronic mail to the vendor upon receiving the anomaly notification.
(k) A vendor must take reasonable measures to ensure a reported anomaly does not reoccur and retain documentation of any investigation, analysis, determinations, and corrective actions implemented or recommended for at least two (2) years after the anomaly is reported. Not later than noon fourteen (14) days after reporting the anomaly, a vendor shall file a corrective plan with the secretary of state and the election division.
As added by P.L.100-2018, SEC.14. Amended by P.L.71-2019, SEC.28; P.L.193-2021, SEC.66; P.L.227-2023, SEC.110.
