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2012 CIRCUIT COURT CLERK’S ASSOCIATION FALL MEETING BALLOT SPECIFICATIONS BALLOT ERRORS

2012 CIRCUIT COURT CLERK’S ASSOCIATION FALL MEETING BALLOT SPECIFICATIONS BALLOT ERRORS Dale R. Simmons, Co-General Counsel Indiana Election Division. BALLOT SPECIFICATIONS. Ballot Certifications

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2012 CIRCUIT COURT CLERK’S ASSOCIATION FALL MEETING BALLOT SPECIFICATIONS BALLOT ERRORS

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  1. 2012 CIRCUIT COURT CLERK’S ASSOCIATION FALL MEETING BALLOT SPECIFICATIONS BALLOT ERRORS Dale R. Simmons, Co-General Counsel Indiana Election Division

  2. BALLOT SPECIFICATIONS Ballot Certifications • IED certifications are “official” and these certifications, plus local public questions and candidates filed with county election board, determine content of ballot (IC 3-8-7-25) • Do not determine ballot content from the SVRS or what you hear on TV or see on the Internet.

  3. BALLOT SPECIFICATIONS Where to Find Specifications

  4. BALLOT SPECIFICATIONS Where to Find Specifications • See Handout for specifications for: • Ballot Instructions • Order of Ballot Questions, Offices and Retention Questions • Order of Political Parties Within Offices • Specifications regarding write-in candidate spaces on the ballot

  5. BALLOT SPECIFICATIONS Where to Find Specifications • IC 3-11-2 is an excellent place to start regarding instructions and ballot order but important variations exist in chapters for ballot cards (IC 3-11-13) and DRE (IC 3-11-14) • Devices for paper- circle must be at least ¾ inch in diameter (IC 3-11-2-9) • Ballot Card and DRE- circle enclosing device may be of any size that permits voter to readily identify the device (IC 3-11-13-11(c); IC 2-11-14-3.5(d))

  6. BALLOT SPECIFICATIONS Where to Find Specifications • Straight Party Instructions: • Paper: “instructions for voting a straight party ticket shall be placed to the right of the device” (IC 3-11-2-10(b)) • Ballot card: “may be placed on the ballot beside or above the names and devices” (IC 3-11-13-11(l)) • DRE: “may be placed on the ballot label or in a location within the voting booth that permits the voter to easily read the instructions” (IC 3-11-14-3.5(i))

  7. BALLOT SPECIFICATIONS Specification Tips • Public Questions come before offices but Judicial Retention Questions are not placed on the ballot until after the offices • Don’t forget instruction about presidential electors • Write-in candidates are not placed on ballot • Write-in space provided for federal candidates whether or not write-in candidate filed • Write-in space only necessary for state and local candidates if write-in candidate filed

  8. BALLOT SPECIFICATIONS

  9. BALLOT SPECIFICATIONS Specification Tips • School board “under a nonpartisan title” on ballot • You do not need separate school board or public question only ballots • School board write-in candidate filing deadline is noon Wednesday September 12 which may impact your decision to provide a write-in space

  10. BALLOT SPECIFICATIONS

  11. BALLOT ERRORS

  12. BALLOT ERRORS Ballot Printing/Programming Errors • Examples: Omit a race, omit a candidate, misspell a candidate name, error in ballot instructions • How to Avoid • Three Keys: Proof proof and proof • IED will review ballot format and instructions on request

  13. BALLOT ERRORS Ballot Printing/Programming Errors • What to do: • Reprint/Reprogram ballots OR • Conduct Hearing with notice to interested political parties and candidates • If CEB finds that error not likely to cause confusion or mistakes and no objection is filed before end of hearing and then CEB may vote to use ballot • If written objection filed before end of hearing then CEB must reprint or correct (IC 3-11-2-16) • Use ABS-5 procedure so absentee voters can apply for corrected ballot (IC 3-11-4-17.7; IC 3-11-10-1.5)

  14. BALLOT ERRORS Ballot Distribution Errors • Examples: • Split Precincts (School board district 1 and 2 in same precinct and voter gets wrong ballot) • Consolidated polling places for precincts • Illegal precinct (crosses state legislative boundary) or precinct key error • How to Avoid: • Avoid situations that create the risk • Separate poll books and train poll workers in split or consolidated precinct

  15. BALLOT ERRORS Ballot Distribution Error (continued) • What to do if ballot distribution error occurs: • On election day: • Spoil ballot and provide voter new ballot if catch before voter casts ballot(IC 3-11-13-35; IC 3-11-14-23(d); IC 3-11-8-25.5) • Absentee Voters: • Use the ABS-5 procedure to apply for the correct ballot (IC 3-11-4-17.7; IC 3-11-10-1.5)

  16. BALLOT ERRORS Running Out of Ballots • How to avoid: Make a good estimate • Absentee ballots- estimate per IC 3-11-4-10 • Ballot cards only- 100% of voters in the precinct on the poll book • DRE only need “number of ballots that will be required...for emergency purposes only (IC 3-11-3-11)

  17. BALLOT ERRORS Running Out of Ballots (continued) • What to do if you run out of ballots: • Be prepared for back up printing and distribution capacity for paper-based ballots • In worst case scenario you can copy blank ballots • Have contingency plan for repair and replacement of DREs • Determine need for vendor support

  18. BALLOT ERRORS Absentee Ballots Without Bipartisan Initials • Absentee ballots without bi-partisan initials- Absentee ballots must have bi-partisan initials or ballot may not be counted (IC 3-12-1-13) • Mailed ballots-two members of ABS board or two appointed members of CEB or designees (IC 3-11-4-19) • In person and absentee traveling board- ballots must also have bi-partisan initials (IC 3-11-10-27) • Exception: Initials not required for absentee votes cast on DRE (IC 3-11-10-26.2(f))

  19. BALLOT ERRORS Absentee Ballots Without Bipartisan Initials • How to avoid- training and oversight of absentee voting process • What to do if absentee ballots sent without bi-partisan initials • If voter voting in person or before travel board ballot can be spoiled and replaced (IC 3-11-10-25(e); IC 3-11-10-26(b)) • If by mail then use the ABS-5 procedure (IC 3-11-4-17.7; IC 3-11-10-1.5)

  20. BALLOT ERRORS Provisional Ballot Errors • Examples: • Failing to provide voter the opportunity to complete provisional ballot if not otherwise entitled to regular ballot (IC 3-11.7-2-1) (HAVA violation) • Failing to properly fill out paperwork- PRE-4 challenge/response; PRO-2 • Failing to initial provisional ballot (IC 3-11.7-5-5; IC 3-11-7.5-5-1.5 & 5)

  21. BALLOT ERRORS Provisional Ballot Errors • How to avoid: • Training • Precinct materials- forms and manuals • Election day support • What to do if mistake is made • Determine if provisional ballot may nonetheless be counted under IC 3-11.7-5-1.5 (cast by voter in compliance with law but may not otherwise be counted solely as result of election officer’s act or failure to act)

  22. BALLOT ERRORS Accessible Voting Sytem • Accessible polling places and accessible voting system in each polling place are required • Survey polling places for accessibility (IC 3-11-8-3; resources at www.in.gov/sos/elections/2655.htm • One DRE or Hybrid per polling place to permit disabled to vote “privately and independently” per IC 3-11-15-13.3 & Federal HAVA • Make sure poll workers receive polling place and voting system accessibility training required by IC 3-6-6-40(c)(1)

  23. This Kitty Had No Ballot Errors

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