Overview of Voter Registration

1. Overview of Voter Registration Voter Registration Resources • Voter Registration Guidebook • SVRS SOPs • SVRS Step-By-Step Instructions • Build Notes • Web Training • FAQs, Memos and other communications

2. Overview of Voter Registration • County Voter Registration office DECIDES: • Is voter eligible? 18 years of age, US citizen, resident of precinct? • Uniform standards must be applied • Is application on valid form and complete? • Is application timely received? • Special deadlines for postmarked applications

3. Overview of Voter Registration Processing a Voter Registration Application • County Voter Registration office can approve application, reject application, or determine that application is incomplete. • If rejected, county mails notice to applicant. • If incomplete, county contacts applicant to obtain necessary information. Special procedure for age, citizenship questions. SOP VRG 1.3 • If approved, county mails notice to applicant, whose application becomes “pending”.

4. Overview of Voter Registration When Voter Registration Applicant Becomes a Voter • Applicant becomes “active” voter at that address when voter receives acknowledgment notice in mail which is assumed by state law to have happened 7 days after notice mailed, or sooner if applicant presents mailed notice to voter registration office. • If notice returned by USPS, then application is “rejected” and applicant was never a registered voter at that address.

5. Overview of Voter Registration Keeping it Clean • Important “shorthand” to know: • NVRA (the National Voter Registration Act of 1993). • Note: NVRA requires registration services be provided by the BMV and other full service agencies that use the VRG-6 • HAVA (the Help America Vote Act of 2002). • Federal and state laws require voter lists to be kept current. • Federal and state laws restrict how and when voter lists are cleaned up.

6. Overview of Voter Registration WHEN CAN VOTER BE CANCELLED? • Authorized in writing by voter. • Reported deceased by state department of health. • Reported incarcerated by department of correction (or county sheriff) following conviction of crime and imprisonment. • Voter record is NEVER canceled JUST because of non-voting at that address.

7. Overview of Voter Registration Active and Inactive Voters • What if county voter registration office has information that voter no longer resides at address on registration record? • Mailing to voter that permits determination (from NCOA information) that voter no longer resides at address on registration record • Must be “uniform and nondiscriminatory” • Statewide mailing, countywide mailing, jury service notices, etc. See SOP VRG 58.2

8. Overview of Voter Registration Fail-Safe Procedures • Fail-safe procedures permit a person to vote a regular ballot on election day even though there is an issue with respect to the voter’s registration record. • Certificate of error. When it’s “our bad”. • Cancellation but voter affirms continues to reside at old address. • Registration application receipt from BMV or other full-service registration agency.

9. Overview of Voter Registration VRG 4-12 • In certain cases, a voter can return ONE LAST TIME to the precinct where the voter formerly resided to vote at the polls for that precinct. • Does not apply to EVERY voter in every situation. • Used to transfer registration record to new address in county (or to cancel record if voter moved to another county).

10. M.O.V.E. • What is it? • Federal “Military and Overseas Voter Empowerment Act” signed into law in 2009 and implemented by the Indiana General Assembly during its 2010 session • Overall purpose of MOVE: Help military serving overseas and citizens who live abroad vote in US elections • Most provisions apply to the November 2010 election.

11. M.O.V.E. • Registration Changes • Transmit voter registration applications to military/ overseas voters by fax or email if requested to do so • If you are not provided with sufficient fax number or email address to transmit the application within one business day, then you must mail the application

12. M.O.V.E. • Common Sense Business Rules for FPCA • Where a county has a separate board of voter registration: • Where clerk receives a federal combined registration/ absentee ballot application (FPCA), the clerk shall: • Make a copy of the FPCA to attach to returned absentee ballot and record necessary information in SVRS for sending absentee ballot to the voter. • Forward the original FPCA to the board of registration to process the registration application portion of the combined form.

13. M.O.V.E. • Changes to Absentee Application Deadline Beginning July 1, 2010 state law changed the time voters may begin filing absentee ballot applications. • Prior law provided that absentee ballot applications could be filed no earlier than 90 days before the election (for example, August 4 this year) • New law permits absentee ballot applications to be submitted when registration opens after the primary.

14. M.O.V.E. • Changes to Absentee Ballot Delivery Deadline • As a result of absentee ballot applications being filed earlier, voter registration officials will be asked to verify the voter registration status of absentee ballot applications sooner. • MOVE also requires that absentee ballots be delivered to the clerk and sent to pending absentee ballot applicants 5 days earlier than prior law. • Absentee ballots to be delivered to the clerk by September 13 • Absentee ballots mailed to pending applicants by September 18

15. M.O.V.E. • Continuing Absentee Ballot Applications • Beginning July 1, 2010 Military and Overseas absentee ballot applications are “continuing” applications for 12 months following the date filed • Absentee ballot applications filed no later than noon June 30, 2010 will be treated as continuing through the 2nd general election following the date filed • If an absentee ballot that was sent in response to any continuing absentee ballot application is returned as “undeliverable” then the application is no longer a continuing application

16. Districts, Precincts, and Annexation Let’s Start with Definitions • Election Districts: Areas used to determine which offices a voter is entitled to vote for and candidate residence qualification • Examples: State legislative district, county council district or town council district • Precincts: Areas established for election purposes • Annexation: A legal process whereby a city or town expands its boundaries

17. Districts, Precincts, and Annexation Who Establishes Election Districts? • General Assembly must establish new congressional districts and new state legislative districts (Indiana Senate and Indiana House) in 2011 when census figures are certified • County Commissioners establish districts for Commissioners and County Councils in 2011 • Cities and towns must establish their own election districts in 2012

18. Districts, Precincts, and Annexation District Changes and Precincts • Some changes to precincts may be required by law if new election districts split precincts • A precinct may not cross a congressional, state senate or state house district boundary • If the 2011 redistricting of these boundaries split your precincts, then you will be required to establish new precinct to avoid the split • A county will be required to modify voter registrations to account for district & precinct changes

19. Districts, Precincts, and Annexation What is the Process for Establishing Precincts? • The County Commissioners propose a precinct establishment order • IED must approve precincts after staff and OCD review before the changes may become final • Indiana Election Commission (IEC) must approve the proposed precincts if a county voter files a timely objection after IED approval • IEC may approve precinct changes if not sufficient time remains for 10 day legal notice.

20. Districts, Precincts, and Annexation Who Establishes Precincts • Precincts may not be established by any other people or by any other process • Precinct boundaries are not “automatically” altered when the General Assembly or a county, municipality, or school district establishes new election districts. • Precincts are not “automatically” altered when a city or town annexes new territory.

21. Districts, Precincts, and Annexation Annexation • A city or town may annex at any time by adopting an ordinance • Annexation ordinances must be filed with the circuit court clerk and board of registration IC 36-4-3-22

22. Districts, Precincts, and Annexation Annexation • Annexation ordinance must assign annexed area to council district in a city or town (if any) • Voters in annexed area are eligible to vote in city or town elections once the annexation is final IC 3-11-1.5-33 • However, an annexation by a city or town does not “automatically” change any of your precincts • Remember- Only county commissioners and IED or IEC can change precinct boundaries

23. Districts, Precincts, and Annexation Impact of Municipal Annexation on Elections • Your county may consider changing precincts in response to an annexation to help with administering elections for annexed city or town but county is not required to change precincts. • Either way, an annexation will change the way a county administers the election for the city or town because the annexed voters are entitled to a city or town ballot.

24. Districts, Precincts, and Annexation

25. Districts, Precincts, and Annexation Impact of Municipal Annexation on Elections • The registration record of annexed voters must be amended in SVRS when annexation is final to show that the voter is entitled to a city or town ballot • An alternative to changing precincts to match annexation boundaries is simply to indicate eligible municipal voters on the pollbook. • An example where this is routinely administered is a small town of 500 or less that sets within a precinct that is an entire township

26. FWAB • New Roles for Federal Write-in Ballot (FWAB) • FWAB May now be used in any election, starting with November 2, 2010 election, including: • Primary for nomination of candidates • Any general, municipal or special election • May vote for any candidate (federal, state or local), political party or public question • Law requiring state-provided ABS-3 to vote for statewide candidates and public questions was repealed

27. MOVE

28. FWAB • New Roles for Federal Write-in Ballot (FWAB) • New federal program will tie into state’s “Who’s on Your Ballot” so FWAB voters have access to candidate names to cut and paste into FWAB.