Brad King & Dale Simmons Indiana Election Division

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

2. Voter Registration Deadlines • Hand delivered: April 8 for primary at county VR or at IED • Mailed: Postmarked by April 8 (IC 3-7-33-4) • Missing or illegible postmark-received by Monday after close of registration (April 15) (IC 3-7-33-3.7) • Online-submitted by 11:59 April 8 (IC 3-7-33-3.5) • Military/overseas must be received by April 29 (IC 3-7-36-10) • Rare same-day procedure for military voter recently discharged from the service(See ABS-13)

3. Voter Registration Deadlines Voter registration only closes in precincts where a primary or special election is being conducted on May 7 (IC 3-7-13-10(d)) Voter registration remains open for other areas in the county

4. Voting System Public Tests Saturday, April 6 (or 48 hours before public test is conducted) is deadline to publish LEGAL NOTICE in local paper(s) of date/time/location of public test on the deadline to conduct test of April 8 Check with newspaper regarding their deadline to receive notice from you Check with county attorney if uncertain which newspaper(s) to use

5. Voting System Public Tests Monday, April 8 (or before absentee voting begins in clerk’s office): Deadline to conduct public test of BOTH optical scan and DRE voting systems at public meeting of county election board (IC 3-11-13-22(b); IC 3-11-14.5-1(b)) For optical scan, IEC-10 form must be filed with Election Division no later than 7 days after the test For DRE (touchscreen), IEC-9 form, same deadline

6. Voting System Public Tests • All counties use some combination of optical scan and DRE voting systems (although one type is usually the one used by most voters) • All Counties have voters with disabilities • So file BOTH IEC-9 and IEC-10 with Election Division • Random selection used for both types: • All DREs used in 3 randomly selected precincts. • CEB randomly selects 10% of optical scan tabulators. Voter can request up to 15% tested.

7. What if something goes wrong with public test? Take precautions- many counties “pre-test” equipment to identify problems before public test See if county election board (or vendor representative on site) can identify and resolve problem on the spot If not, RECESS (do not adjourn meeting of county election board) to give time to solve problem.

8. BALLOT ERRORS • Error Types: • Absentee ballot distributed without bi-partisan initials (initials not required on DRE ballots) • Incorrect ballot style provided to voter (town council district 1 voter gets district 2 ballot, for example) • Ballot printing error (left candidate off ballot or misspelled candidate name, for example)

9. BALLOT ERRORS • Ballot Errors during absentee voting: • If voting absentee in person and error is caught before ballot is cast then ballot can be spoiled and voter given new ballot (IC 3-11-10-26) • Voter voting absentee in person who has submitted ballot may file an ABS-5 to request a replacement ballot(IC 3-11-4-17.7; IC 3-11-10-1.5) • Voter voting by mail may also submit an ABS-5 to request a replacement ballot (IC 3-11-4-17.7; IC 3-11-10-1.5) • Ballot Errors 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)

10. BALLOT ERRORS • Don’t run out of ballots • Ballot cards only- at least equal to 100% of the number of votes cast for the candidate of the party who received the greatest number of votes cast in the precinct at the last general election(IC 3-10-1-12) • DRE need “number of ballots that will be required...for emergency purposes only (IC 3-10-1-12) • Make contingency plans to print (copy) more ballots and distribute if needed

11. BALLOT ERRORS • Accessibility of voting system is 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”(IC 3-11-15-13.3) • Accessible voting system must also be provided for in-person absentee voting (IC 3-11-9-6) • Make sure poll workers receive polling place and voting system accessibility training (IC 3-6-6-40(c)(1))

12. Fail-Safe Provisions • Voter Moved from Address Listed on Poll Book • Within the same precinct (IC 3-7-39-7) • Within the same county and same congressional district (IC 3-10-12) • Does not apply to voters who move (A) outside city or town; or (B) into city or town from a precinct outside the city or town • Within Indiana less than 30 days (within the last 29 days) before the election (IC 3-10-11) • Does not apply to voters who move (A) outside city or town; or (B) into city or town from a precinct outside the city or town

13. Fail-Safe Provisions VRG 4/12 BOX 1: I changed my residence from one (1) precinct to another within Indiana less than 30 days before the primary/general/special election held on the ____ day of ______________, 20____; OR BOX 2: I changed my residence from one (1) precinct to another within the same county and within the same congressional district before the primary/general/special election held on the ___ day of _______________, 20____. • Voter also given VRG-7 and asked to complete

14. Fail-Safe Provisions VRG 4/12 in Municipal Elections • VRG 4/12 for Box 1 or Box 2 may not be used in an municipal primary or election when the voter has moved: (A) outside the city or town; or (B) into the city or town from a precinct outside the city or town. • VRG 4/12 may not be used in a controlled project or school tax levy special election that occurs on the date of a municipal primary or election when the voter has moved: (A) outside of the school corporation; or (B) into the school corporation for a precinct outside the school corporation.

15. Fail-Safe Provisions Voter Not on the Poll List or Has Changed Name • Change of name write on poll list (IC 3-7-41-2; IC 3-11-4-5.1) • Affirmation that voter continues to reside at address county shows voter cancelled (IC 3-7-48-5) • Voter presents voter registration agency receipt (VRG-6 from the BMV, for example), dated during open registration, county VR has no record indicating application rejected, and voter completes VRG-7 (IC 3-7-48-7) • Certificate of Error (IC 3-7-48-1,2, and 3)

16. Fail-Safe Provisions Epollbook/Vote Center Counties • Use the VRG 4/12 for the following additional fail-safes: • A voter who desires to update the voter’s name • A voter whom the county voter registration records show formerly resided in a precinct and no longer resides in that precinct, but the voter indicates that the voter continues to reside in the precinct. • A voter who moved within the same precinct

17. Primary Legal Notices Saturday, April 27, 2019 deadline for CAN-9 Legal Notice of Primary to be published Check with newspapers to make certain you can meet publication deadline CAN-9 must contain list of all candidates, their addresses, and offices to be voted on at primary (along with any public questions)

18. CAN-9 Legal Notice • Under IC 3-8-2-19, legal notice must contain: • Title of each office (including district or circuit numbers) • Name and address of EACH individual who filed a declaration of candidacy for NOMINATION to an office on primary ballot (even if candidate unopposed) • Date and hours of primary election

19. Notice of Polling Place Location County Commissioners (or Mayor of Indianapolis) required to publish notice of location of polling places by same April 27, 2019 deadline Any later change of location requires another legal notice, except when emergency change made within 2 days before election “Best possible notice” to media and voters

20. Election Day Preparation • Things for poll workers and county to double-check on Primary Election Day, May 7, 2019: • Sample ballots match actual ballots at polls • Voter’s Bill of Rights and sample ballots posted • Inspectors (and some other workers) have received required training • Checking USPS for late-arriving absentee ballots

21. Canvassing requirements Make certain county election board and public have big enough room to count results in manner that complies with Open Door Law Must allow public to witness the canvass, but can restrict access to “parts of room” where ballots being transported If small space, CEB can adopt policy (before election night preferred) to limit time if other individuals also wish to witness canvass

22. Post Election Procedures What if tie vote occurs? Assuming that no recount filed, then NO ONE wins primary, and political party can choose to fill general election ballot vacancy What if provisional ballots were cast? 3 p.m., Friday, May 17 is deadline for CEB to rule on whether each provisional ballot should or should not be counted

23. Post Election Procedures Voter who failed to present adequate photo ID at polls has until noon Friday, May 17 to do so In other more complicated cases (such as residence challenge), CEB must conduct meeting to rule on challenges, giving voter an opportunity to make their case Check for late-arriving overseas voters ballots, who can have election day postmarked ballots counted if received by noon, Friday, May 17

24. Certification of Election Results When canvassing complete, please enter final results in SVRS Make certain that vote totals include all counted provisional ballots No certificates of nomination or election are issued after primary

25. CEB-9 Primary Election Report • Must be sent by SVRS (or partially by paper) by Tuesday, May 21, 2019. Post-primary election report, with more general (but detailed) specific information about turnout, provisional and absentee ballot numbers, and precinct-level election results. • May be the last time for CEB-9 to be filed on paper since it is being incorporated into the SVRS

26. Recounts/Contests Noon, May 21 deadline for a candidate to file for a recount or contest proceeding For municipal primary race a lawsuit is filed with Circuit Court Clerk County party chairs can file before noon, May 24, 2019

27. Local Recounts Basically like any other lawsuit filed with circuit court clerk: requires payment of filing fee, assigned a miscellaneous cause number Cash deposit or bond required. If cash deposit made, then deposited in county general fund. If deposit doesn’t cover costs, then costs paid by county general fund Judge who hears case appoints 3 member local recount commission

28. Local Recounts Local Recount Commission uses rules of procedure modeled on State Recount Guidelines, which are found on Election Division website Local recount must be completed by June 28, 2019, unless court extends deadline for good cause shown

29. Election Contest Election contest filed when no matter how many times votes are recounted, the dispute cannot be solved Usually involves residence dispute, or voting system or ballot printing/distribution error Court hears the case without local commission, and can order special election if contest granted. Second place candidate in primary can also be declared winner

30. Cost of Primary Election • In non-vote center counties, cities and towns holding a primary reimburse county as follows: • All “direct” costs attributable to that city or town • 75% of “indirect costs” proportionally distributed among each municipality (or entity holding a referendum) based on the number of votes cast in each municipality’s/entity’s election • Certify Costs to municipality on CEB-34 by June 6 • In vote center counties, cities and towns holding a primary reimburse county for all costs or the election based on the number of votes cast in each municipality’s election • Certify Costs to municipality on CEB-38 by June 6 • Small town (<3,500) can avoid this distribution by entering in an agreement with the county to pay a certain amount for the county to conduct their primary IC 3-5-3-8 | IC 3-5-3-9 | IC 3-10-7-4