1. (a) This section is enacted to comply with 52 U.S.C. 21081 by establishing uniform and nondiscriminatory standards to define what constitutes a vote on an optical scan voting system.

2. (b) After receiving ballot cards, a voter shall, without leaving the room, go alone into one (1) of the booths or compartments that is unoccupied and indicate:

   1. (1) the candidates for whom the voter desires to vote by marking the connectable arrows, circles, ovals, or squares immediately beside:

      1. (A) the candidates' names; or
      2. (B) the numbers referring to the candidates; and

   2. (2) the voter's preference on each public question by marking the connectable arrow, oval, or square beside:

      1. (A) the word "yes" or "no" under the question; or
      2. (B) the number referring to the word "yes" or "no" on the ballot.

3. (c) If an election is a general or municipal election and a voter desires to vote for all the candidates of one (1) political party, the voter may mark:

   1. (1) the circle enclosing the device; or

   2. (2) the connectable arrow, circle, oval, or square described in section 11 of this chapter;

      that designates the candidates of that political party. Except as provided by IC 3-11-7-4 (b), the voter's vote shall then be counted for all the candidates of that political party. However, if the voter marks the circle, arrow, oval, or square of an independent ticket (described in IC 3-11-2-6 ), the vote shall not be counted for any other independent candidate on the ballot.

4. (d) This subsection applies to a voter casting a ballot on a voting system that includes features of both an optical scan ballot card voting system and a direct record electronic voting system. After entering into a booth used with the voting system, the voter shall indicate the candidates for whom the voter desires to vote and the voter's preference on each public question by:

   1. (1) inserting a paper ballot or an optical scan ballot into the voting system; or
   2. (2) using headphones to listen to a recorded list of political parties, candidates, and public questions.

5. (e) A voter using a voting system described in subsection (d) may indicate the voter's selections by:

   1. (1) touching a device on or in the squares immediately adjacent to the name of a political party, candidate, or response to a public question; or
   2. (2) indicating the voter's choices by using a sip puff device that enables the voter to indicate a choice by inhaling or exhaling.

As added by P.L.3-1987, SEC.317. Amended by P.L.3-1993, SEC.170; P.L.176-1999, SEC.89; P.L.209-2003, SEC.161; P.L.58-2005, SEC.20; P.L.221-2005, SEC.86; P.L.76-2014, SEC.42; P.L.128-2015, SEC.193; P.L.21-2016, SEC.18; P.L.227-2023, SEC.99.