Association of Circuit Court Clerks

1. Association of Circuit Court Clerks Southern District Meeting, September 11, McCormick State Park Northern District Meeting, September 13, Monticello

2. Contact Information Indiana Election Division Brad King, Co-Director (317) 233-0929 (direct) bking@iec.in.gov

3. Military and Overseas Voters

4. Registration Deadline • Deadline for county to receive registration application from military or overseas voter is extended to October 29, 2012. • Application received during extended period subject to same requirements as application received by 29th Day before election. (IC 3-7-36-10)

5. Military and Overseas Voters Military/Overseas Absentee Application Forms Military/overseas voter may designate their status as a military/overseas voter by using either of these two forms: • FPCA (Standard Form 76A) combined registration and absentee ballot application • ABS 15 -state absentee ballot application for military and overseas (special oath mandated by federal law)

6. Military and Overseas Voters Box 1 of the FPCA allows a person to designate the type of military/overseas voter  x

7. Military and Overseas Voters Box 1 of the ABS-15 also allows a person to indicate the type military/overseas voter  X

8. Talk to your printer about ballot delivery! Make sure printer understands that federal law requires that you “transmit” absentee ballots by Saturday, September 22, 2012.

9. U.S. Dept of Justice Absentee Report • DOJ has asked each state to provide specific information about each county’s compliance with the 45 day absentee ballot transmittal requirement. • Basic information about number and status of military/overseas applications as of September 22.

11. DOJ Survey Data Collected using SVRS absentee module Telephone follow ups as necessary Must submit Monday, Sep 24, then provide updates to DOJ Your timely response critical!

12. Mistakes to avoid • DOJ anticipates several types of mistakes may occur: • Printer did not have ballots ready on time. • Clerk believed Saturday, Sep 22 deadline rolled over to Monday. • Clerk did not realize that Sep 22 deadline applied to emailed applications.

13. Even one late ballot… • Triggers detailed reporting to DOJ: • Date of late transmission • Numbers by category of military/overseas voter • Number of ballots emailed, express mailed, regular mailing. • Reason why ballots sent late. • Method requested by voter? • Phone, fax, or email contact info?

14. Absentee Voting: Military and Overseas • Absentee Ballot Applications • May transmit blank VR applications and absentee ballot applications to military/overseas voters by mail, Email or Fax on request • If request doesn’t include usable Email address or Fax #, mail to voter if mailing address provided • MOVE Information Sheet regarding use of Email, Fax, and internet must be sent with blank VR and absentee ballot applications

15. Absentee Voting: Military and Overseas MOVE information sheet

16. Absentee Voting: Military and Overseas • Absentee Ballot Applications • Military/Overseas voters may submit absentee ballot application by mail, Email (scanned copy of completed application attached), or fax • If sent by email, then clerk must send an email acknowledging receipt of the emailed application • If absentee ballot application denied, clerk must send written notice of reason for denial within 48 hours (ABS-14; IC 3-11-4-17.5)

17. Absentee Voting: Military and Overseas Voting Absentee by Email or Fax • Special Applications (ABS-15 or FPCA) allow military/overseas voters to request ballot by mail, email, or fax • Special deadline: Military/overseas voter requesting to vote by Email or fax may apply up to noon the day before the election (IC 3-11-4-6(h); IC 3-11-4-3(2)) Box 3 of the ABS-15 or Box 4 c. on FPCA X

18. Absentee Voting: Military and Overseas Voting by Email or Fax • If application to vote by Email or fax approved, clerk faxes a ballot (or emails scanned copy of ballot), cover sheet/affidavit (ABS-9), and “MOVE” instructions to voter) • Voter returns completed ballot and completed ABS-9 by fax (or by email with scanned copies of completed ballot and ABS-9) • Clerk (or designee) seals returned ballot in special absentee ballot envelope (ABS-10) and marks: “Absentee Ballot Received by Fax or Email”

19. Absentee Voting: Military and Overseas Voting by Email or FAX • The voter’s returned ABS-9 and voter’s absentee ballot application (copy of the FPCA or ABS-15) attached to special absentee ballot envelope (ABS-10) • The absentee ballot processed like other absentee ballots in county whether central count or precinct-count • Email/Fax confirmation back to voter indicating ballot received by the next business day following receipt. Update SVRS so voter can check www.indianavoters.in.gov(IC 3-11-4-6(i))

20. Absentee Voting: Military and Overseas Voting by Email or Fax • A ballot returned by Email or Fax may be “remade” by a “bipartisan remake team” • Duplicate ballot made (marked duplicate) that reflects the vote on ballot so that it can be read by optical scanner (IC 3-12-3-5) • “Duplicate” ballot must bear a unique number also recorded on printout of original emailed or faxed ballot so they can be linked if necessary in a recount or contest

21. Absentee Voting: Military and Overseas • Voting by Mail • Military/overseas voters may still vote by mail • If military/overseas voter submits ABS-15, but does not request to vote by Email or Fax, then clerk sends voter absentee ballot by U.S. Mail

22. Absentee Voting: Military and Overseas Bad Address on Absentee Ballot Applications • Application approved for May 2012 primary is good for November 2012 general election unless… • Absentee ballot is returned as undeliverable

23. Absentee Voting: Military and Overseas Overseas Voter Indefinitely Overseas • If overseas voter indicates on FPCA or ABS-15 that they reside outside U.S. indefinitely (they lived in Indiana as their last residence before leaving the U.S.) • This overseas voter considered a resident of precinct of county voter registration office; • This overseas voter entitled to federal only ballot : Pres and VP; US Senator, US Rep. x

24. Absentee Voting: Military and Overseas • Federal Write-in Ballot • The Federal Write-in absentee ballot (FWAB) is “back-up” method for military/overseas voters to reduce risk of receiving and returning ballots too late to have vote count • Available from Voting Assistance Officers, U.S. Embassy, or U.S. Consulate • May be downloaded from www.fvap.gov

25. Absentee Voting: Military and Overseas Federal Write-in Absentee Ballot • Military/overseas voter must be registered to vote to have FWAB count • Military/overseas voter must submit a timely absentee ballot application for FWAB to count • Note: FWAB may come before VR application or an absentee ballot application • If military/overseas voter returns regular absentee ballot and FWAB, FWAB not be counted. Regular absentee ballot will be counted (IC 3-12-2-7.5)

26. Absentee Voting: Military and Overseas Late Receipt of Mailed Ballots from Overseas • Absentee ballot from overseas voter, whether civilian living temporarily or indefinitely overseas or in military stationed overseas (outside of the U.S.) may be counted if: • Received by noon 10 days following the election • Postmarked by the date of the election (IC 3-12-1-17)

27. Absentee Voting: Military and Overseas Absentee Ballot Special Mailing Envelopes • All absentee ballots are mailed “postage prepaid” with enclosed stamped envelope for return to the county election board “by at least first class mail” (IC 3-11-4-18; IC 3-11-4-20) • County Election Board may use special postage free envelopes for military/overseas voters for U.S. Mail (IC 3-11-4-6; 38 U.S.C 3406) • Template (and other information) to assist in preparing and printing these envelopes can be found at http://www.fvap.gov/vao/index.html under link named “Postage Paid Envelope”

28. Absentee Voting: Military and Overseas Special Mailing Envelopes for Absentee Ballots

29. Certification of Election Results

30. Certification Deadlines • 3 p.m. Friday, November 16: deadline for county election board to make decision about counting provisional ballots. • Noon, Monday, November 19: deadline for CEB to certify final, official results to Election Division. • Don’t use certified mail. Instead, use overnight express delivery!

31. Forms to complete • CEB-10: Governor & Lt. Governor • CEB-11: Clerk and Local Offices • CEB-12: Judicial Retention • CEB-13: Federal, State, Legislative, and Judicial Offices • CEB-25: School Board and Local Public Questions

32. Please use SVRS!

33. CEB-9 Post Election Report • Some parts of CEB-9 can be completed using SVRS. • Other parts (precinct level election returns) must be completed using paper. • Tuesday, November 20, 2012 deadline for transmittal, mailing, or hand delivery of CEB-9.

34. Commissions

35. Who issues what? • Election Division prepares commissionfor judges, circuit court clerk, county auditor, county recorder, county treasurer, county coroner, county surveyor. • Clerk prepares certificate of electionfor other local offices, such as county commissioner, county council, town offices.

36. Questions?