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Candidate and Filing Issues November 30, 2017

This article provides an overview of the process for becoming a candidate and filing requirements for different offices, including campaign finance reporting. It also clarifies where candidates should file their paperwork and highlights important considerations to avoid filing mistakes.

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Candidate and Filing Issues November 30, 2017

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  1. Candidate and Filing IssuesNovember 30, 2017 Brad King Co-Director, Indiana Election Division 2018 Election Administrators’ Conference

  2. Overview

  3. When Do You Become a Candidate? • Generally speaking: • When taking action to qualify for ballot or as declared write-in candidate (such as filing a CAN-2 declaration of candidacy) • Publicly announces candidacy • Otherwise seeks nomination or election to office (IC 3-5-2-6(a))

  4. Of course, an Exception:Campaign Finance Reporting • For campaign finance law, person becomes “candidate” when person or candidate’s committee, or authorized agent: • Receives more than $100 in contributions; or • Spends more than $100 in expenditures (IC 3-5-2-6(b)) NOTES: If candidate for office which pays less than $5000 per year, or for school board, different threshold ($500) for reporting requirement Precinct committeemen and convention delegate candidates exempt from reporting.

  5. Campaign Finance Filings • EXAMPLE: Everyone wants to be county sheriff. They raised or spent money in 2017. Even though person couldn’t file for ballot yet, still required to file CFA-1 statement of organization and CFA-4 campaign finance report for 2017 by noon, January 17, 2018.

  6. Where Do You File as a Candidate? • Candidates for certain offices file at state level (or are certified by party conventions) • Federal offices (US Senator, US Representative) • Statewide offices (Secretary of State, Auditor of State, Treasurer of State) • Judges (Appellate retention; Circuit, Superior, Marion County Small Claims) • Prosecuting Attorney

  7. Candidate Filing Quiz • EXAMPLE: Attorney wants to run for judge or prosecuting attorney. Where must candidate file forms? • A. File everything with the state. • B. File everything with the county. • C. File some things with county (campaign finance reports), and some things with state (CAN-2 with SOS/IED, economic interest statement with State Court Administration.)

  8. County Candidate Filings • Candidates for certain offices file at county level (or are certified by party conventions) • Circuit Court Clerk • County Constitutional offices (Sheriff, Auditor, Coroner, Recorder, Surveyor, Treasurer) • Other county offices (Commissioners, Council, County Assessor) • Township trustee, board member, twp assessor. • School board member

  9. Small Town Candidates • Some small town candidates will file at county for 2018: • Small town has switched ALL elections to general election year • Small town has staggered terms for town council

  10. Political Party Offices • State Convention Delegate • Both D and R • File CAN-37 Declaration of Candidacy • Precinct Committeeman • Ds only in 2018; Rs run in 2020 • File CAN-37 Declaration of Candidacy • TIP: If running for both State Convention Delegate and Precinct Committeeman, file separate CAN-37 forms for each office.

  11. When Does “Filing” happen? • IC 3-5-2-24.5(2): Election filing happens “when all of the following have occurred”: • (A) The presentation of document to an individual required to receive document under election law. • (B) The receipt of the document by the individual. • (C) The recording of the date and time the document was received by the individual.

  12. Check that address! • Presentation must be to correct office: • County election board, circuit court clerk, or town election board may not accept candidate declaration on behalf of state • If local office does accept filing in wrong location: • Local office may not act as agent for the state • Local office not required to transmit to state • Filing is void; Candidate’s name does not appear on ballot unless document filed with state IC 3-5-4-1.2.

  13. Postmark or POA Not Good Enough • Document must be received by correct office: • Presentation and receipt may occur in person, but candidate not required to personally appear • Final step is handwritten or machine file stamp by office that records day (and on final day, time) of receipt. • Power of attorney CANNOT sign declaration of candidacy for candidate.

  14. “Not the Candidate Police.” • A candidate filing cannot be rejected upon presentation to filing office except in 4 cases specified by statute: • State filing presented incorrectly to county. IC 3-5-4-1.2 • Not presented by [noon local time] deadline. IC 3-5-4-1.9 • Not on state-approved form. IC 3-5-4-8 • Not accompanied by any required statement of economic interest (CAN-12). IC 3-8-2-11; 3-8-9-6

  15. Candidates Must Beat the Clock • Missing noon local time deadline fatal error. • Have a procedure to determine when deadline occurs. Whose clock rules? State coordinates with U.S. Naval Observatory Master Clock (DC) (202) 762-1401

  16. State Approved Forms • CAN-2 Declaration of Candidacy for Primary Nomination in 2018

  17. DON’T GET BIT:Specific Candidate Problems • .

  18. Missing CAN-12?

  19. DON’T FORGET THE CAN-12! • Candidate for local office must include completed CAN-12 with filing or filing must be rejected • TIP: Have blank CAN-12 forms on office counter for local candidates

  20. Clerk’s Employee as Candidate • Clerk or voter registration employee can run as candidate. • Restrictions: • No electioneering in office or absentee voting area (3-14-3-16) • Cannot serve as absentee board member (IC 3-11-10-36). • Cannot assist on election day with “canvassing” (IC 3-12-4-4(c).

  21. Party Problem Quiz • EXAMPLE 1: May 2016 was the last primary that a candidate voted in. Candidate asked for “Party A” ballot. Now candidate wants to run in “Party B” primary in May 2018. • A. Candidate can do so. No questions asked. • B. Candidate can never do so. Should have thought of that in May 2016. • C. Candidate can run if county chair of Party B gives written consent in some form.

  22. County Chair Certification

  23. State and county levels • Challenges to candidates who file declaration with state are heard by Indiana Election Commission (separate administrative body from Election Division). • Challenges to candidates who file declaration with county are heard by county election board.

  24. Party Problems • EXAMPLE 2: Voter is disappointed with result of primary election, and decides to run in general election as a “Write-In Democratic (or Republican)” candidate. • A. Candidate can run as write-in D or R candidate; no problem • B. Candidate cannot run as write-in D or R – clerk must reject filing. • C. Candidate cannot run as write-in D or R, but must be challenged to be kept off ballot. • Defeated primary candidate CAN run if chosen to fill later vacancy on general election ballot.

  25. Small Town Candidates • What if small town has not adopted ordinance to conduct May 2018 primary for town offices? • Filing period for these town offices runs through August 1, 2018. • Small towns which DO NOT have a primary for town offices in 2018 may instead have town party convention in August if competition in same party for same office.

  26. Deceased primary candidate • Deceased candidate filed with state: • If state certification to county has not yet occurred, election division omits name of candidate. • If state certification has been sent, election division notifies county of deceased candidate. • Deceased candidate filed with county: • County election board decides unanimously that good cause to believe candidate has died, then candidate name not printed on ballot.

  27. Deceased primary candidate on ballot • If primary ballot not yet printed, name of deceased candidate omitted from printing. • If primary ballot already printed when candidate death certified, then ballot is NOT reprinted. (IC 3-11-3-29.3(c)) • Voter can ask for replacement absentee ballot (ABS-5) if deceased candidate was on ballot.

  28. Candidate Challenges • Most common reasons are: • Residence requirements • Political party affiliation • Any previous Felony conviction NOTE: “Expungement” may occur.

  29. “Put Up or Shut Up Law” • Registered voter of election district may challenge candidate for primary or general election • Challenge must be sworn statement on CAN-1 • February 16 challenge filing deadline after February 9, 2018 filing period ends. • Later deadlines for other candidate filings.

  30. CEB Candidate Challenge Hearing Same deadline as state for determination regarding primary candidates: March 1, 2018. • Hearing informal, CEB can adopt procedures • Hearing subject to Open Door Law (IC 5-14-1.5) • Appeal deadline set by statute: must be filed with circuit court not later than 30 days after CEB decision. (IC 3-6-5-34; 3-6-5.2-9 [Lake]; 3-6-5.4-10 [Tippecanoe]

  31. Precinct Committeeman Lists • Any elected official may require party county chair to provide name and address of precinct committeeman and vice committeeman of party (IC 3-6-2-10.5)

  32. Questions? Brad King Co-Director, Indiana Election Division

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