Voter Registration Basics

1. Voter Registration Basics Election Administrator’s Conference| December 11, 2018 Angie Nussmeyer, Co-Director, Indiana Election Division

2. Background • National Voter Registration Act of 1993 • “Motor Voter” Bill • Created federal voter registration form • Established minimum voter registration deadline • “…not later than the lesser of 30 days, or the period provided by State law, before the date of the election.” • Required voter list maintenance programs • Example: NCOA mailer, statewide postcard 52 U.S.C. § 20501 et. seq.

3. Background • Help America Vote Act of 2002 • Created US Election Assistance Commission (EAC) • Required: • statewide voter registration systems • provisional ballot procedures • voter complaint system • Mandated specific voter outreach • Example: Indiana’s Voter Bill of Rights poster 52 U.S.C. § 20901 et. seq.

4. Voter Registration Qualifications • To register to vote in Indiana, a person must be: • A U.S. Citizen • At least 18 years old on or before the date of the November election • A 17-year old Hoosier may register AND vote in the May 2019 primary election • A 17-year old answers the age question on form as “yes” since they will be 18 by November’s election • No longer imprisoned after being convicted of a crime. • A person convicted of a crime may register to vote after being released from incarceration, even if they are on probation, parole, or home detention • Reside in their precinct 30-days before the election IC 3-7-13-2 | IC 3-7-13-5

5. Voter Registration Reminders • Voter Registrations must contain an original “wet” signature & be sent by mail or hand-delivery, unless: • Person registers to vote online at indianavoters.com • Registering online requires person to have valid Indiana driver’s license or state ID card • Persons without an Indiana driver’s license or state ID card can register to vote in Indiana, but will need to use a federal or state voter registration form • BMV signature is “imported” to statewide VR system • Person registers to vote at a BMV branch when securing a license or ID • Credential transactions are sent electronically • “Paper” chaser VR form follows, but counties can process electronic registration without it IC 3-7-14 | IC 3-7-32-2 | IC 3-7-33-4

6. Voter Registration Reminders • VR forms must be received by statewide deadline date • However, VR forms postmarked on or before deadline are to be reviewed & processed, if eligible, by county VR officials • If postmark is missing or illegible, then the VR form can be reviewed by county VR official & processed, if eligible, up to the Monday after the deadline date • Hand-delivered forms must be received on or before close of business on deadline date • Transactions must be completed by the full service agency like the BMV on or before the deadline date • Online registrations must be time-stamped within SVRS no later than 11:59PM (local prevailing time) on deadline date IC 3-7-14 | IC 3-7-32-2 | IC 3-7-33-4

7. Voter Registration Reminders • Don’t forget! Taking custody of another’s state VR form (VRG-7 or VRG-11) means you must: • Complete the receipt found on the upper portion of the state VR form with your name and home address • NOTE: Receipt & affidavit requirement does not apply to federal VR forms • Tear off receipt and hand to voter • Complete the affidavit on the bottom of the state VR form for those registrations you took custody to turn in on voter’s behalf • Submit the voter’s registration form no later than noon, ten days after taking custody of the form OR by the statewide voter registration deadline, whichever comes first • This submission deadline applies to state AND federal VR forms IC 3-7-32-8

8. Voter List Maintenance Hoosiers are responsible for updating their voter registration any time they move or change their name. So why is VLM necessary? • Required by federal law (NVRA) and state law • Most VLM work must be completed 90 days before primary, general or municipal election • Helps to: • Update and reflect voter’s current registration status • Modestly reduce costs of election administration 52 U.S.C. § 20507 | IC 3-7-38.2

9. Voter List Maintenance • Updates can be made: • by voter (self-reporting) • through statutorily approved data sources • due to voter removal programs that are uniform & non-discriminatory • Examples: NCOA mailer, statewide postcard County VR officials make the final decision to update, inactivate, or cancel a voter’s record through voter removal programs OR to accept, reject, mark incomplete, or research a voter’s application to register to vote. IC 3-7-13-8 | IC 3-7-13-9 | IC 3-7-38.2

10. ACCURATE DATA IS KEY! • Registration information cannot be removed or updated based on hearsay • Election officials must use verified data to update, inactivate, or cancel voter registrations! Critical to have GOOD & ACCURATE data to use as matching criteria to perform voter list maintenance!

11. VLM Data Sources • Self-reporting • Disenfranchisement due to Imprisonment • U.S. Northern & Southern District Court of Indiana • Indiana Department of Correction • County Sheriff reports (VRG-1 quarterly report form) • Death Data • Indiana Department of Heath • STEVE • Death Master File • Obituaries • Death Certificates • Interstate Crosscheck (“Kansas” program) • Voter Removal Programs • Statewide postcard mailer • NCOA, Interstate mailers; others authorized by Indiana law • Other state lists (see IC 3-7-38.2-5(c)) IC 3-7-38.2 | IC 3-7-43 | IC 3-7-45 | IC 3-7-46

12. VLM Data Sources • NOTE: Counties CANNOT use the following as a source to initiate voter removal program • Returned mail from other government offices • Returned mail received by political parties or candidates as a result of campaign activity • Information provided by a precinct committeeperson or poll worker

13. Confidence Factor • Some hoppers require a record to reach a confidence factor points to help counties ID potential record matches • County VR officials must decide based on the information to accept, reject, or continue with research

14. 90-Day “Freeze” Period • Voter removal programs must STOP at least 90-days before a primary, special, general, or municipal election • Resumes after election • During “freeze” VR officials CAN: • Update a voter’s record at the written request of the voter • Examples include submission via online voter registration portal or state or federal paper VR form • Cancel a registration ONLY for these reasons: • Death • Disenfranchisement due to conviction and imprisonment • Written request of the voter 52 U.S.C. § 20507 | IC 3-7-38.2-3

15. Voter Fail-Safe Overview • Mistake by County • Voter’s Registration Cancelled • Voter Registered at Full Service Agency, but Name Not on Poll Book • Voter’s Name Changed • Voter Moved

16. Mistake by County • Poll worker confirms with county VR officials voter is properly registered in the precinct • County VR officials create a Certificate of Error in SVRS • COE number is provided to poll workers • IFor ePollbooks, county VR sends confirmation COE was issued to ePollbook used at voting location • n paper poll book, poll workers write COE in the back of the poll book with voter’s printed name • Ask voter to sign next to it • Voter votes a regular ballot IC 3-7-48-1 | IC 3-7-48-2 | IC 3-7-48-3 | IC 3-7-48-4

17. Voter’s Registration Cancelled • Poll worker confirms with county VR officials voter’s registration is cancelled • Voter affirms in writing OR orally the individual continues to reside at the address • Poll workers or voter writes the affirmation in the back of a paper poll book • Poll workers issue a VRG 4/12 for voter to complete in ePollbook counties • Voter votes a regular ballot IC 3-7-48-5 : IC 3-7-48-6

18. Voter Registered at Full Service Agency & Voter’s Name Not on Poll Book • Voter produces a VR receipt from the full service agency • Poll worker looks at receipt date • Date is missing or on or before the statewide VR deadline: • County issues COE • Voter completes a VRG-7 or VRG-11 (state VR form) • Voter votes regular ballot • No later than 7 days after the election, county must notify IED of this issue to open an investigation • Date is after the statewide VR deadline: • Poll worker offers a provisional ballot • Recommended voter be provided a state VR form to complete and be ready for the next election IC 3-7-48-7 | IC 3-7-48-7.5

19. Voter’s Name Changed • Voter alerts poll workers their name has changed • With paper poll books, voter writes in their new name on the poll book • With ePollbooks, voter completes a VRG 4/12 • Voter votes a regular ballot NOTE: Name changes can also be made on an absentee ballot application IC 3-7-39-7 | IC 3-7-41-2 | IC 3-10-1-31.1(e) | IC XXX (ABS NAME CHANGE)

20. Voter Moved • Must ask voter WHEN & WHERE they moved • Date & person’s new address is critical to determine if voter is eligible to vote at their old precinct one last time • If a voter moved on or after the 29th day before an election, then they can move anywhere in Indiana and vote at their old precinct one last time • If a voter moved on or before the 30th day before an election, then they have to move within the same precinct OR within the same county and same Congressional district to be eligible to vote in their old precinct one last time HOWEVER, in the 2019 Municipal Election cycle ONLY, if a person moves out of their municipality at any time in 2019, they are NOT eligible to go back to their old precinct one last time to vote.

21. Questions?