2012 VOTER REGISTRATION ASSOCIATION CONFERENCE

1. 2012VOTER REGISTRATION ASSOCIATION CONFERENCE Dale Simmons Co-General Counsel Indiana Election Division (317) 232-3929 dsimmons@iec.in.gov

2. Voter Registration Crunch Time

3. Voter Registration Crunch Time • How Voter Registration deadlines work in 2012: • October 9, 2012 is the registration deadline because the regular deadline (October 8) is a state holiday (Columbus Day) • In Contrast, county offices open on Columbus Day begin in-person absentee voting October 8 because it is the first day for an activity and is not a deadline so it does not transfer to October 9

4. Voter Registration Crunch Time • Applying Postmark Rules to VR deadline: • A registration received by county or IED that is postmarkedby October 9 is timely (IC 3-7-33-4) • If postmark is missing then registration is timely if it’s receivedby county or by IED by Monday October 15 • Registrations submitted at full-service registration agencies (FSSA or BMV, for example) by October 9 but mailed to you after October 9 are timely- they are not subject to postmark rule • Postmark rule does not apply to absentee ballot applications to vote by mail which must be received by11:59 p.m. October 29

5. Voter Registration Crunch Time • Other Registration Deadlines: • Online voter registration by midnight (11:59 p.m.) on October 9, 2012(IC 3-7-33-3.5(b)) • Registration deadline for Military and Overseas voters have a “received date.” So long as you receive it by October 29, 2012 it is timely even if postmarked after October 9(IC 3-7-36-10)

6. Voter Registration Crunch Time • Why didn’t someone tell me the deadline to register is Tuesday October 9!!!!!!!

7. Voter Registration Crunch Time • Last minute options: • Hand-deliver by Oct. 9 to your office or IED • Get application postmarked by Oct. 9 • If have a full-service transaction at voter registration agency Oct. 9 or before (BMV renew license or apply for benefits at FSSA, for example) • If no full-service transaction at agency person is given a mail-in form (VRG-7) • Online voter registration by midnight October 9 • Avoids delay of mail • Avoids county data entry

8. Voter Registration Crunch Time • Acceptable routine forms: VRG-7, VRG-11, VRG-6, FPCA • VRG-6 are timely if voter registered by the registration deadline and agency has 5 days to mail. Postmark rule does not apply if registration was made at an agency on or before deadline • Acceptable unusual form: We see many more “federal” forms in presidential year • Not acceptable: State of Michigan registration form

9. Federal Form

10. Michigan Registration Form

11. Voter Registration Crunch Time • The 7-day pending period is not suspended by crunch time (SOP VRG 13.1) • VR applicant is not legally registered to vote until expiration of pending period • If acknowledgement notice mailed is presented in person at county VR person can be active before 7-day pending period expires (override) • Overlap of in-person absentee voting: Absentee voters who are not active may vote absentee and ballot “shall be treated as a provisional ballot” (IC 3-11-4-17.5(a))

12. Voter Registration Crunch Time • What’s an SOP? • SVRS Standard Operating Procedures (Calendar and Links from main page) • Guidance from IED on application of the law to voter registration transactions and how to implement them in the SVRS

13. Voter Registration Crunch Time • Lockdown of Auto Activate & Pending Period • After October 9: • County can continue to process individual registrations & activate them after October 9 • You will get a notice in SVRS that registration is closed but you simply go past that for timely registrations • However “Auto Activate” of pending voters will be locked in SVRS after registration closes

14. Voter Registration Crunch Time

15. Voter Registration Crunch Time • Lockdown of Auto Activate • Even though Auto Activate locked after Oct. 9 it can be unlocked if county unable to process registrations in time to print on poll book • County must submit request for approval to core team per SOP GEN 7.2 (updated request on county portal or from Marsha) • If approved county may auto-activate pending voters for poll book purposes only • County must update SVRS record and poll book using “Pending Voter List Report”

16. Voter Registration Crunch Time • SVRS Navigation to Auto Activate

17. Voter Registration Crunch Time • Voter List Maintenance Program Deadline • (also sometimes referred to as “lockdown”) • A voter list maintenance program must be completed no later than 90 days before the election (August 8) (IC 3-7-38.2) • This refers to a “general” program like a county-wide mailing or NCOA mailing • A county may still cancel registrations based upon: • 1) Request of the voter, including transfers; • 2) Death of voter (DOH hopper) • 3) Imprisonment following conviction of crime

18. Voter Registration Crunch Time • Duplicate Registration: This year more than any other people submit duplicate registrations • More $$$$ spent on voter registration drives • People concerned they have been cancelled solely because they haven’t voted in a while • “County voter registration office shall send a notice (acknowledgement notice) to each person from whom the county…receives a voter registration application” (IC 3-7-33-5(b)) • No exception for “similar” or “substantially similar” applications

19. Voter Registration Crunch Time • Incomplete Registrations (SOP VRG 1.3) • Registrations are not “incomplete” because first time voter registering by mail did not include documentation (See SOP VRG 50.1) • Required to contact voter once by mail once by phone to complete registration • “Age” and “citizenship” questions requires “written statement” by registration deadline • Other information may be provided in writing or over the phone (must “document” information provided over the phone) • Certify incomplete to CEB if not completed by 10 day deadline for poll book

20. New Legislation • Indiana General Assembly website: • www.in.gov/legislative under “Bills and Resolutions” • Election Division 2012 Legislative Summary: • www.in.gov/sos/elections/ and select “Election Administrator’s Portal” and then select “legislative summaries” • New 2012Election Code Book Supplement • Available August 2012

21. New Legislation Petition Candidates • County election board may not include petition candidate (minor party or independent) on ballot unless both CAN-19 and CAN-20 are timely filed. (New IC 3-8-6-12.5) • No candidate challenge is necessary for board to keep candidate who fails to file timely CAN-19 or CAN-20 off the ballot

22. New Legislation All Petition Candidates • County Voter Registration Office must certify whether the signatures on a petition are registered voters of the election district • Clerk must still certify whether or not candidate submitted sufficient number of certified petition signatures (IC 3-8-6-12) • 2% of the total votes cast for the office of Secretary of State in 2010 • Sample certification, and denial of certification, available from IED in word format

23. The END When your stressed out remember the best thing about the 2012 Presidential Election is….you know that 2013 is a non-election year!