Sec. 59. (a) Whenever a county wishes to dispose of a voting system unit or an electronic poll book unit, the county election board must first file a plan with the election division. The plan must state all of the following:

(1) The serial number of each unit to be disposed of by the county.

(2) The method to be used for disposal of the equipment, including sale, transfer, or destruction of the equipment and the details about how the equipment will be disposed of. For purposes of this subdivision, a disposal method of an electronic poll book unit may include the deletion of any electronic poll book software on the unit and the repurposing of the unit as an electronic device to display an electronic form of a sample ballot under IC 3-11-3-25, IC 3-11-11-1.3, IC 3-11-13-10.5, and IC 3-11-14-18.5.

(3) That the disposal will occur in compliance with federal and state laws requiring the retention of election materials until the expiration of the period specified by those laws.

(4) The details regarding the person that will dispose of the equipment.

     (b) If the election division approves the proposed plan, the election division shall notify:

(1) the county election board, which may then dispose of the equipment; and

(2) the voting system technical oversight program (VSTOP) (established by IC 3-11-16-2).

     (c) A county may not dispose of a voting system unit or an electronic poll book unit by selling, transferring, or otherwise surrendering ownership to a person to which a voting system vendor is prohibited to sell, lease, or transfer possession of a voting system under section 60 of this chapter, except to the vendor from whom the county acquired the voting system unit or electronic poll book.

     (d) A plan filed with the election division under this section is confidential.

As added by P.L.100-2018, SEC.10. Amended by P.L.193-2021, SEC.62; P.L.227-2023, SEC.109.