1. (a) "Marking device" means:

   1. (1) a pencil or pen for marking a paper ballot or ballot card; or

   2. (2) an approved device that automatically:

      1. (A) registers the voter's vote on an electronic voting system; or
      2. (B) produces a marked optical scan ballot indicating the choices of the voter.
2. (b) A voter verifiable paper audit trail is not a marking device.

As added by P.L.186-2025, SEC.6.