Indiana Election Updates: Laws, Forms & Preparations for 2020

1. 2019 Circuit Court Clerks’ September District Meetings Brad King & Dale Simmons Indiana Election Division

2. NEW for November 2019! • State laws changed in 2019 session regarding absentee voting, electronic poll books, voting systems, and election day procedures. • Most laws took effect July 1, 2019. • New laws mean new forms! • Some old forms “grandfathered”, but most not.

3. 2020 Preview Already working on 2020 forms for posting on county portal and Indiana Election Division website. Also available at https://www.in.gov/iara/2362.htm Candidate forms either approved or under review, with primary and general election petition forms already being circulated. Don’t accept until January 8, 2020! New candidate forms have optional email and campaign website address info.

4. New Absentee Forms ABS-MAIL (English and Spanish) changed to reflect that application requesting absentee ballot be mailed to voter must be received by county not later than 12 days before election (rather than 8 days). NOTE: Applications previously approved in 2019 or 2018 for mailed absentee ballot are GRANDFATHERED for November 2019. NOTE: Newer versions may be approved if any county address or telephone information changes reported.

5. New Absentee Forms ABS-5 Issuing replacement absentee ballot: changed to add specific reasons, such as lack of bipartisan initials or when voter fails to sign affidavit. (Previously, Election Division interpreted law to allow replacement in these cases). Existing ABS-5 form GRANDFATHERED until end of 2020.

6. New Absentee Forms ABS-17 Affidavit of Individual Filing Absentee Ballot Application(s) with County changed to add NEW requirement. Person bringing in absentee ballot applications from other voters must swear or affirm that “3. that I received the application(s) from the applicant.” Older version NOT GRANDFATHERED for 2019.

7. New Absentee Forms PRE-3 Affidavits of Voter Assistance (to voters requesting assistance in voting because of disability or who cannot read or write English) must now be completed by ABSENTEE BOARD MEMBERS as well as individuals providing assistance at the polls. Previous PRE-3 form NOT GRANDFATHERED.

8. Pre-Election Ballot Testing • NEW form CEB-40 for use in Vote Center counties: • Certificate of Ballot Agreement in Vote Center Counties provides for county election board members (rather than polling place workers) to examine sample ballots, official ballots, and provisional ballots to ensure that the ballots are correct. • Form includes Notice to Voters that sample ballots available at vote centers.

9. Pre-Election Ballot Testing Public Tests of Voting Equipment • Revised IEC-9 (for optical scan ballots and hybrid voting systems) or IEC-10 (for direct record electronic systems) now includes references to the two lists provided to county by Voting System Technical Oversight Program (VSTOP). • If county is using own list, not VSTOP list, then strike language in first paragraph reading “provided to the county by… VSTOP” and write-in “approved by the county election board”. • Previous IEC-9 and IEC-10 NOT GRANDFATHERED.

10. Voting System Delivery NEW FORM: CEB-1A documents delivery of all voting systems to a precinct or vote center. Requires insertion or attachment of list of voting systems. Must be signed by bipartisan delivery team or representative of commercial delivery entity. Individual who receives voting systems must certify receipt.

11. Post-Election Material Return NEW FORM: CEB-1B is based on now obsolete CEB-1, where inspector and judge of opposite political party certify that all election material returned after close of precinct or vote center to county election board, with judge accompanying inspector. Old CEB-1 form NOT GRANDFATHERED.

12. Election Day Forms Revised PRE-1 Oath Book has a new “STEP SIX” for the inspector to record the number of voters waiting in line to vote when the polls open, at 12:30 p.m., and when the poll close at 6 p.m. Revised PRE-1 also updated for use in vote centers and to allow workers to enter precinct job titles spelled out in county vote center plan. Previous PRE-1 NOT GRANDFATHERED.

13. Election Day Forms Revised “VOTE HERE” poster that now allows location of either precinct or vote center to be easily identified. Old poster IS GRANDFATHERED.

14. Election Day Forms NEW FORM: PRE-9 Affidavit of Inspector and Judges Concerning Casting of Voter’s Ballot. Used to document facts when voter leaves polls without casting an optical scan or direct record electronic system ballot. Documents time voter left (if known) and name of voter (if known). Judges swear or affirm that they jointly cast voter’s ballot without making any changes.

15. Election Day Forms NEW FORM: ABS-21 (although based on unofficial form used in several central count counties) Certificate of Absentee Ballot Rejection or Failure to Timely Receive Absentee Ballot by Mail. Now that all counties use central count, standard form has been approved.

16. Election Day Forms(ABS-21 continued) Former unofficial forms should not be used. Voter must appear in person before county election board not later than 5 pm Election Day After ABS-21 issued, voter may then vote in person at polls. Remember PRE-5 form should still be available at precinct for voter who requested ballot by mail, but did not receive ballot.

17. Election Day Forms (and Envelope!) Revised PRE-13 envelope for Grand Jury Affidavits to be forwarded to county election board, and in most cases, then forwarded to prosecuting attorney. Instructions changed to provide that prosecuting attorney is to return all affidavits and envelopes to CEB after completing any investigation or proceeding.

18. Election Day Forms (PRE-13 continued) PRE-4 voter challenge affidavits are now to be included in this PRE-13 envelope when transmitted to county election board. Previous PRE-13 envelope NOT GRANDFATHERED.

19. Post-Election Forms NEW: IEC-6 Voting System or Electronic Disposal Plan To be submitted by county election board for approval by Indiana Election Division. Election Division to notify county election board and VSTOP of disposal plan approval.

20. Post-Election Forms NEW FORM: IEC-22 County Certification of Voting System and Electronic Poll Book Inventory. Submitted not later than January 31 of each year to indicate additions, deletions, or corrections to VSTOP inventory.