Precincts, Districts and Annexation

1. Precincts, Districts and Annexation Let’s Start with Definitions • Precincts: Areas established for election purposes • 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 • Annexation: A legal process whereby a city or town expands its boundaries

2. Precincts, Districts and Annexation Who Establishes Precincts? • Precincts are established by the following people: • The County Commissioners and • The Indiana Election Division (IED) and, in some cases, the Indiana Election Commission

3. Precincts, Districts 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.

4. Precincts, Districts and Annexation What is the Process for Establishing Precincts? • Establishing precincts requires the proper paperwork • Order from the County Commissioners • Completed IEC-8s describing precinct changes • Establishing precincts involves several steps but the IED can help with sample forms and technical assistance • IED will assign a precinct coordinator (Lori or Ryan) to help guide a county through the process

5. Precincts, Districts 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.

6. Precincts, Districts 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 and County Council must establish their own election districts in 2011 • Cities and towns must establish their own election districts in 2012

7. Precincts, Districts 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

8. Precincts, Districts and Annexation Don’t Panic……at least not yet

9. Precincts, Districts and Annexation District Changes and Precincts • When establishing precincts your precincts MUST follow these boundaries and may NEVER cross these boundaries: • No precinct may cross a congressional, state legislative or township boundary • No precinct may cross the state boundary or a county boundary (duh!) or a township boundary

10. Precincts, Districts and Annexation District Changes and Precincts • When not following mandatory boundaries, precincts must follow at least one of the following: • Census block boundary (small areas of land created by census bureau for census purposes) • City or town boundary, such as council districts • School corporation boundary • A Precinct is not required to follow a city or town boundary if it follows another boundary listed (census block, for example)

11. Precincts, Districts and Annexation Annexation • A city or town may annex at any time by adopting an ordinance • In general, an annexation is final 90-days following legal publication of the ordinance, if no court challenge (remonstrance) is filed • If remonstrance is filed, the court will determine if and when annexation is final IC 36-4-3-11 • Annexation ordinances must be filed with the circuit court clerk and board of registration IC 36-4-3-22

12. Precincts, Districts 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

13. Precincts, Districts 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 legally 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

14. Precincts, Districts and Annexation

15. Precincts, Districts 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 • If you have no city or town election until 2011 then this is not an immediate concern • If town has scheduled an election during a general election year like 2010 then a recent annexation or an annexation that occurs in 2010 may impact your election in 2010

16. Precincts, Districts and Annexation Impact of Municipal Annexation on Elections • If you have a town election in 2010 impacted by an annexation you have the following choices after an annexation: • Change precincts (not required) so long as it is during the “open” period to change precincts OR • Administer the township precinct with newly annexed area as a split precinct identifying voters entitled to a town ballot on the poll book (can have voters vote with city precinct using same board per IC 3-11-8-4.3)

17. “Precinct Freezes” • When can you change precinct lines? Technically, at any time. But the EFFECTIVE DATE must not be during a “precinct freeze.” • Generally, freezes start on primary candidate filing day, and end after general election day. • Example: January 20, 2010 – November 2, 2010 is a freeze.

18. Precinct Freezes • Freeze ends November 3, 2010, and begins again February 1, 2011, but only for precincts wholly or partially within cities or towns. • Precincts outside of cities and towns not frozen in 2011. • So plan to take care of precinct changes due to municipal annexations during the Nov 2010 – Jan 2011 window. But remember 2011 redistricting could undo your work.

19. 2012 is NOT the End of the World • Except in Hollywood. • Will be the first elections held after state and county level redistricting; a lot of cleanup. • Some disasters can be anticipated: candidate filing errors due to district changes. • But with your usual planning and diligence, no problems we can’t overcome!