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Indiana Election Division

Indiana Election Division. Oaths, Bonds, & Hearings. Oath of Office. Oath of Office.

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Indiana Election Division

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  1. Indiana Election Division Oaths, Bonds, & Hearings

  2. Oath of Office

  3. Oath of Office “I do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the State of Indiana, and the laws of the Untied States and the State of Indiana. I will faithfully execute the duties of my office of Supreme Court Justice, so help me God.”

  4. Pomp and Circumstance or Legally Significant? • Who? • What? • When? • Where? • Why? • How? • IC 5-4-1 and IC 34-42-4-1

  5. Depositing Oath Officer must: * Sign the oath; * Attach it to the Commission or Certificate of Election; and * Deposit it with the appropriate authority Clerk-most local offices Secretary of State-Statewide offices, judges, prosecutors General Assembly-Governor/Lt. Governor oaths

  6. Offices Commissioned by Governor • Attorney General • Secretary of State • Superintendent of Public Instruction • Auditor of State • Treasurer of State • Supreme Court Justices • Court of Appeals judges • Circuit Court Judges • Superior Court Judges • County Prosecutors • Circuit Court Clerk • County Auditor • County Recorder • County Treasurer • County Sheriff • County Coroner • County Surveyor • Several appointed offices

  7. Unusual Issues • Clerk issues Certificate of Election to unopposed candidates IC 3-12-5-3 • Clerk issues Certificate of Election to Precinct Committeemen and State Convention Delegates • For offices crossing county lines, the clerk in the county with the greatest percentage of population shall issue the Certificate of Election IC 3-12-5-2(b)

  8. Performance Bonds • Insurance policy certain officials who handle money must obtain (similar to malpractice insurance) • Amount set by statute or statute directs how amount is calculated • Failure to file a required bond=holdover

  9. Which Elected Officials Must Post a Bond? • Statewide officials • Prosecutors • County Officials-auditor, treasurer, recorder, surveyor, sheriff, and coroner • City Officials-judges, controllers, clerks, and clerk treasurers • Town Officials-judges and clerk-treasurers • Township Officials-trustee and assessor

  10. Where are Local Bonds Filed? • County Recorders receive most local bonds • Clerk receives the County Recorder’s bond • IC 5-4-1

  11. County Election Board Hearings • Election law complaints • Campaign finance issues • Candidate challenges

  12. Election Law Complaints • Initiated by a written complaint (preferred) • Clerk or staff can present complaint for initial determination (IC 3-6-5-31) • Complaint should involve 2 different meetings of the county election board

  13. Handling an Election Complaint • 2 meetings, pursuant to IC 3-6-5-31 • Clerk or staff presents complaint • CEB votes on whether complaint states an election law violation • If Title 3 implicated, conduct investigation • CEB holds 2nd hearing, with individual notice to the complainant and one alleged to have committed the violation-fact finding hearing • Parties have 30 days to appeal

  14. Examples of Valid Title 3 Complaints • Disclaimer violation • Mishandling of VR or ABS applications • Mishandling of absentee ballots • Paying people to vote, register or request an absentee ballot • NVRA or HAVA complaints • Unauthorized entry into polling place

  15. Examples of Invalid Title 3 Complaints • Slander, Libel, Defamation • Breach of Contract • Collection of a debt • Negligence • Stealing yard signs • Anything involving tv, radio, and internet

  16. Campaign Finance Issues • IC 3-9-4-14 requires CEB to determine if committees are delinquent or have filed defective reports • CEB sends individual notice to committees who are delinquent or file defective reports-given an opportunity to correct defect • CEB sends individual notice to committees of time, date, and location of fact finding hearing • CEB can issue an order assessing civil penalty • Committees have 30 days to appeal

  17. Candidate Challenges • Must be initiated by voter of the election district • CAN-1 form, must be filed timely • CEB must provide individual notice to challenger and challengee of time, date, and place of hearing (best possible notice) • Challenger bears burden of proving case • CEB votes on whether candidate qualified • Parties have 30 days to appeal

  18. Examples of Candidate Challenges • Residency • Registered voter of the election district • Age (some offices) • Durational residency (some offices) • Hatch Act issues • Licensing or certification issues • Felony conviction (Expungement exception)

  19. Summary • CEB wears many hats, including fact finder • Election law complaints • Campaign finance issues • Candidate Challenges • Parties have 30 days to appeal Thank you for serving!

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