Municipal Elections Ballot Format

1. Municipal Elections Ballot Format Matthew Kochevar – Co-General Counsel Dale Simmons – Co-General Counsel Indiana Election Division

2. Municipal Primary • Is a Primary required? • If the party has a contest for any office then the party must hold a primary • If no candidate files for a party for any office then that party may not hold a primary • If at least 1 candidate files for a party but that party has no contests then that party may hold a primary if that party’s County Chairman files a written “notice” to hold primary no later than noon February 15, 2019* *IC 3-10-6-4

3. Municipal Primary • If a primary is conducted are all candidates placed on the ballot? • YES! The general rule is that if a party has a primary then all of the party’s candidates are on ballot • But…there is an exception to this general rule: • Only contest is for council district where only the voters in that district vote for the district candidate; AND • There is no contest for an office in that party to be voted on by all the voters of that party in the city or town; AND • The CEB, by unanimous vote, passes a resolution to have a primary election only in the precincts where there are contested council district races* *IC 3-10-6-4(g)

4. Municipal Primary Basic Ballot Content • Local candidate declarations (check to make sure no names or races are omitted and names are spelled correctly) • Public Questions are to be certified to the county election board by: • Noon, February 22 for capitol project and other referendums • Noon, March 8 for school levy referendums • The Election Division does not certify any candidates or public questions in 2019 IC 3-10-9-3 | IC 20-46-1-8

5. Municipal Primary Basic Ballot Content- Candidate Challenges • A voter of the election district may file a candidate challenge (CAN-1) that will be determined by the county election board (party affiliation or residence, for example) • Deadline to file a candidate challenge - Noon Friday, February 15 • Deadline for CEB to decide challenge - Thursday, February 28 • Challenge may result in removal of candidate from ballot • Challenges and challenge hearing procedures are discussed on pages 11-13 of the 2019 Election Administrator’s Manual

6. Municipal Primary Ballot Format • D & R ballot optical scan must be different color or distinctively marked (with D or R, for example)* • Top of the ballot • Underlined text at extreme top of ballot: It is a crime to falsify this ballot or to violate Indiana election laws. ** • Heading: OFFICIAL PRIMARY BALLOT (insert party name) Party*** * IC 3-10-1-13(b) | **IC 3-11-2-7 | ***IC 3-10-1-19(b)

7. Municipal Primary • General Ballot Instructions at top of ballot • How to make a voting mark on ballot card (may include references to darkening oval next to candidate name or connecting an arrow)* *IC 3-10-1-19(c) | IC 3-11-2-8 | IC 3-11-13-11(k)

8. Municipal Primary • General Instructions at top of ballot (continued) • How to make a voting mark on DRE: “To vote for a person, touch the screen in the location indicated.”* DRE instructions on how to make a voting mark may be posted in the voting booth rather than on the ballot** *IC 3-10-1-19(c) | **IC 3-10-1-11 | **IC 3-11-2-8(b) | **IC 3-11-14-3.5(l)

9. Municipal Primary Ballot Order: Public Questions • Any local public questions listed after heading/general instructions and before offices* • Form: "Shall (insert public question)?“ plus any other language required for that public question* • DRE option of listing public question on separate screen after heading and any general instruction* *IC 3-10-1-19(d) and (e)

10. Municipal Primary *IC 3-10-1-19(d) and (e)

11. Municipal Primary Ballot Order: Offices • City Offices • Mayor • Clerk or Clerk-Treasurer • Judge of the City Court • City-County Council Member or Common Council Member • Town Offices • Clerk-Treasurer • Judge of the Town Court • Town Council Member IC 3-10-1-19(g)

12. Municipal Primary Ballot Order: Offices • In a municipal primary, whenever you have both district and at-large candidates for city common council or town council, at-large candidates shall be placed on the ballot before district candidates. Note: In the municipal election, all district seats will be listed before at large seats. IC 3-10-1-19.2 | IC 3-10-1-11

13. Municipal Primary Additional Instructions • At the head of each group of candidates for an office a statement reading substantially as follows below the name of the office and above of first candidate: • “Vote for not more than (insert the number of candidates to be nominated) candidates for this office”* TOWN COUNCIL AT-LARGE MEMBER CITY CITY COMMON COUNCIL • Candidates listed in alpha order by surname** * IC 3-10-1-14.1 | *IC 3-11-13-11(f) | *IC 3-11-14-3.5(f) | **IC 3-10-1-18

14. Municipal Primary Miscellaneous • Clerk Seal and Signature / Ballot Initialing • Optical scan ballot card: • Election Day: No clerk signature or seal required but there must be place for poll clerk’s initials* • Vote center county using ballot on demand printer MAY print ballots with poll clerks initials as captured by the ePollbook for election day voting • Absentee: Clerk’s seal and signature and the bi-partisan initials of ABS board or appointed CEB members or designees** • Vote center county using ballot on demand printer for in-person voting May print absentee ballots with initials of appointed CEB members or CEB designees captured by ePollbook*** * IC 3-11-13-19 | **IC 3-11-4-19 and IC 3-11-10-27 | ***IC 3-11-10-27(e)

15. Municipal Primary Miscellaneous • Clerk Seal and Signature / Ballot Initialing (continued) • DRE: no seal, signature or initial requirements for election day or absentee ballots • Provisional ballots • Clerk’s seal and signature (or signature of clerk’s designee)* • Poll clerks must initial a provisional ballot** *IC 3-11.7-1-7 | **IC 3-11.7-5-5

16. Municipal Primary Miscellaneous • Clerk Seal and Signature/ Initials (continued) • When circuit court clerk is on the ballot for a municipal office • Uniform device approved by the commission is substituted for any clerk's printed seal or signature to authenticate a ballot* • Uniform device on SVRS → County Portal→ IED Postings→ Your County→ Clerks Seal * IC 3-5-4-9

17. Municipal Primary Miscellaneous • Ballot “variation codes” used to identify precincts or splits to allow poll worker to provide voter with correct ballot in the precinct* • Unique candidate designation is a county option (5C John) Smith** • Uniformity: Ballot, party device, office name, and candidate name (capital letters)*** *IC 3-11-2-10(g) | *IC 3-11-13-11(b) | *IC 3-11-14-3.5(b) | **IC 3-11-15-13.1 | *** IC 3-11-13-11 | *** IC 3-11-14-3.5

18. Municipal Primary Ballot Variations • If you have a Public Question then you will need: • A public question only ballot for voters who do not want to vote a primary ballot • 17-year old ballot without the public question for 17-year olds who will be 18 on or before the general election* • Voters who indicate on FPCA “return is uncertain”** are not eligible to receive a ballot in 2019 because they are only entitled to vote on federal offices (like US House or President) and there are no federal offices on the ballot in 2019. *IC 3-7-13-3 | **IC 3-11-4-8

19. Municipal Election

20. Municipal Election IS A MUNICIPAL ELECTION REQUIRED? • General Rule: All candidates placed on the ballot* • Exception #1: If there are no contests (no more candidates than seats up for election for any office, including write-in candidates) then county may pass unanimous resolution to no have election for that office ** • Note: All uncontested candidates not on the ballot are issued a certificate of election as if elected*** *IC 3-10-6-7.5(b) and IC 3-10-7-6(c) | **IC 3-10-6-7.5(d) and IC 3-10-7-6(e) | ***IC 3-12-5-3

21. Municipal Election IS A MUNICIPAL ELECTION REQUIRED? • Exception #2: • Only contest for city or town council seat(s) and Only voters who reside in the city or town council district may vote for the city or town council candidate from that district; AND • There is no election to be voted on by all voters of the city or town; AND • County election board adopts a unanimous resolution to hold election only for contested council race(s)* *IC 3-10-6-7.5(c); IC 3-10-7-6(d)

22. Municipal Election Basic Ballot Content: Post-Primary Candidates/Challenges • Large Towns and Cities* • Ballot vacancy, petition, Libertarian Party convention candidates: Deadline to file challenge is noon August 23 and deadline to decide challenge is noon September 6 • Small Towns (3500 or less)** • Town Convention (D, L and R) candidates and petition candidates: Deadline to challenge is noon September 4 and deadline to decide challenge is noon September 11. • Write-in candidates for any city or town office: deadline challenge is noon August 9 and deadline to decide is noon August 16*** IC 3-13-1-16.5 | IC 3-8-6-14 | IC 3-10-6-12(f) | ***IC 3-8-5-14.7 |*** IC 3-8-2-14(c)

23. Municipal Election • General Ballot Instructions • Criminal penalty statement (extreme top): “It is a crime to falsify this ballot or to violate Indiana election laws.” • General instructions on marking ballot* • Write-In instructions* • Straight party vote instructions** (*): For DREs instruction may be printed at the top of the ballot OR printed and hung inside each voting booth (**): For DREs and ballot cards instruction may be printed on the ballot or placed inside the voting booth *IC 3-11-2-8 | *IC 3-11-14-3.5(l) | ** IC 3-11-14-3.5(l) | **IC 3-11-13-11(l)

24. Municipal Election • General Statements and Instructions (continued) • Don’t forget that Straight Party instructions includes reference to at-large races*: *IC 3-11-2-10(c) | IC 3-11-13-11(l) | IC 3-11-14-3.5(m)

25. Municipal Election • General Statements and Instructions (continued) • Write-in names are not printed on the ballot* • Write-in Space and Instruction: • Write-in space is not required unless there is a declared write-in candidate for that office** • Write-in instruction is not required if you have no write-in candidates * IC 3-11-13-11(g)(7) | *IC 3-11-14-3.5(g)(7) | **IC 3-11-13-18(d) | **IC 3-11-14-3.5(g)(6)

26. Municipal Election Ballot Order • Public Questions listed first after ballot title and any general instructions at top and before offices* • If more than one public question, the order of local public questions is based on file date and time, if more than one local question is filed in a jurisdiction *IC 3-11-2-10(a) | *IC 3-11-13-11(m) | *IC 3-11-14-3.5(n)

27. Municipal Election Ballot Order • Straight party voting after Public Questions • Name of political party and device • Options for placement of straight party instructions*: • At top of the ballot • Above the party devices and names (additional option of placing beside the party devices for optical scan ballot cards) • Printed and hung inside the voting booth IC 3-11-2-10(c) | *IC 3-11-13-11(l) (optical scan) | *IC 3-11-14-3.5(m) (DRE)

28. Municipal Election Ballot Order • Party Order - straight party devices and names and candidates below each office heading are listed in the following order*: • Democrat OR Republican party/candidate whichever party’s candidate received the highest vote in the 2018 Secretary of State’s race in the county • Democrat OR Republican party/candidate whichever party’s candidate received the second highest vote in the 2018 Secretary of State’s race in the county • Libertarian party/candidate • Independent or Minor party petition candidate(s) who file CAN-44 and CAN-45 in order of petition filing *IC 3-11-2-6 | *IC 3-11-13-11(g) | *IC 3-11-14-3.5(g)

29. Municipal Election Ballot Order: Offices • Listing of offices after straight party section • Except for at-large offices, offices are listed in the same order as primary* • If candidates are to be elected to an office that contains more than one district, list districts in alphabetical or numerical order according to designation given to district** • At-Large offices placed after all other candidates for offices in partisan races*** *IC 3-11-2-12 | *IC 3-11-13-11(e) | *IC 3-11-14-3.5(e) | **IC 3-11-2-12.2| *IC 3-11-13-11(e) | *IC 3-11-14-3.5(e) | ***IC 3-11-12-12.4 | *IC 3-11-13-11(e) | *IC 3-11-14-3.5(e)

30. Municipal Election Ballot Order: Offices City Offices • Mayor • Clerk or Clerk-Treasurer • Judge of the City Court • City-County Council Member or Common Council Member District Town Offices • Clerk-Treasurer • Judge of the Town Court • Town Council Member District At-Large Offices • City Common Council Member At-Large • Town Council Member At-Large

31. Municipal Election Ballot Order • Candidate order under each office within each party for partisan races: • If there are multiple candidates from same party then list names in alphabetical order by surname IC 3-11-2-12.7 | IC 3-11-2-12.9 | IC 3-11-13-11(e) | IC 3-11-14-3.5(e)

32. Office Specific Instructions • Place instructions between office title and first candidate • Where only one candidate can be elected: “Vote for one (1) only” • Vote for more than one (At-Large) offices: ”Vote for not more than (insert the number of candidates to be elected) candidate(s) for this office. To vote for any candidate for this office, you must make a voting mark for each candidate you wish to vote for. A straight party vote will not count as a vote for any candidate for this office.” IC 3-11-2-12.4 | IC 3-11-2-12.7 | IC 3-11-13-11(f) | IC 3-11-14-3.5(f)

33. Office Specific Instructions City Common Council

34. General Election Ballot Miscellaneous • Clerk Seal and Signature / Ballot Initialing (see primary slides) • Ballot “variation codes” used to identify precincts or splits to allow poll worker to provide voter with correct ballot in the precinct* • Unique candidate designation is a county option (5C John Smith)** • Uniformity: Ballot, party device, office name, and candidate name (capital letters)*** *IC 3-11-2-10(g) | *IC 3-11-13-11(b) | *IC 3-11-14-3.5(b) | **IC 3-11-15-13.1 | *** IC 3-11-13-11 | *** IC 3-11-14-3.5

35. Ballot Errors • What you can do if a ballot printing error occurs (misspell name, omit name, instruction error) • Reprint 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 then CEB may vote to use ballot • If written objection filed before end of hearing then CEB must reprint or correct ballot • If absentee ballots already distributed, voter can use the ABS-5 procedure to apply for corrected ballot** *IC 3-11-2-16 | ** IC 3-11-3-17.7 | **IC 3-11-10-1.5

36. Ballot Errors Ballot Distribution Errors • During Absentee: • Spoil and replace if in-person or use the ABS-5 procedure and provide voter correct absentee ballot* • On election day: • Spoil ballot and provide voter new ballot** *IC 3-11-4-17.7 | * IC 3-11-10-1.5 | **IC 3-11-13-35 | **IC 3-11-14-23(d) |** IC 3-11-8-25.5)