Indiana Election Division: Trent Deckard, Co-Director

1. Indiana Election Division: Trent Deckard, Co-Director Candidate Challenges

2. Challenge Overview • Placement of any individual on primary or general ballot may be challenged • IEC deals with candidates: • Federal • Statewide • State legislative • Judicial offices • Prosecutor

3. Challenge Overview • CEB deals with candidates: • Clerk • County Offices • Township • Town • School Board • Precinct Committeeman • State Convention Delegate

4. Challenge First Step • Registered voter of the election district must file a sworn statement • Statement must question eligibility of candidate and set forth facts • This statement takes form in the CAN-1

5. CAN-1 • Used to challenge: • Eligibility of candidate • Declaration of candidacy • Declaration of intent to be a write-in candidate • Request for ballot placement • Petition or candidate’s consent to nomination • Certificate of candidate selection

6. CAN-1 Requires: • Name and that they are a registered voter of precinct, township or town, and county • Must state the name of candidate and office sought • Lays out facts • Requests a hearing • Signer affirms penalty of perjury statement

7. CAN-1 Exception • SOS and Clerk can determine if candidate has enough signatures to qualify for nomination • If not enough, they deny (ind./minor parties) • Candidate can challenge denial using CAN-1

8. Top reasons to challenge • Residency issues (length and location) • Felony conviction • Age • Party affiliation • Hatch Act • For more information – U.S. Office of Special Counsel http://www.osc.gov/hatchact.htm

9. What’s next? • CEB (or IEC) determine challenge validity • Make every effort to notify candidates and interested parties • Could be informal, given timing • Candidate could file objection to notice, but if does not objection is waived • CEB must follow open door law

10. Indiana Open Door Law Easy mistake, biggest compliant! • All meetings of CEB subject to Open Door Law • In most cases, 48 hours notice must be given (does not include weekends or holidays) • Written agenda must be posted at office • Deliver or mail notice to all news media who would normally request such notice (IC 5-14-1.5-5)

11. Challenge Deadlines • Noon, Friday, Feb. 17 for pre-primary challenges • Thursday, March 1 – determination of challenge • Noon, Friday, Aug. 10 for pre-general challenges of write-in candidates • Friday, Aug. 17 – determination of write-in challenge

12. Challenge Deadlines • Noon, Friday, Aug. 24 for pre-general challenge of statewide or leg. Candidates, certificates of nomination, petition validity, and appeal of denial of certification • Noon, Friday, Aug. 31 for challenge to petition for school board office • Noon, Tuesday Sep. 4 for town challenges

13. Challenge Deadlines • Friday, Sep. 7 – determination of challenges to vacancy filling, petitions of nomination, denial to petition certification, and statewide dismissal • Noon, Tuesday, Oct. 23 – challenge for late vacancy fillings • Tuesday, Oct. 30 – determination of late vacancy challenge

14. Challenge Recommendation • Have CEB proceeding recorded • Record will provide instant play back • Could be appealed! • Those challenged should seek advice from counsel, not CEB and avoid potential for conflict

15. Challenge Hearing • Conducted and determined by CEB • In addition to CAN-1, challenger may supply supplemental information • Challenger bears burden • Candidate may have an attorney • May also provide supplemental information • Again, record!

16. Determination of Hearing • CEB makes ruling • Ruling could be appealed and filed with clerk, within 30 days after ruling

17. Helpful Challenge Tips • Record • Be aware of deadlines – check 2012 Election Calendar Daily • Stay tuned for potential issues • Remember timelines for dispensing challenge • Consult us where appropriate!