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Legislative Update

Legislative Update. Refresher on 2016 election law changes. Voter Registration. IC 3-7-32-8 | IC 3-7-13-12. Third-Party Delivery of VR Applications 10 day deadline to submit Starts when the person first received the application

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Legislative Update

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  1. Legislative Update Refresher on 2016 election law changes

  2. Voter Registration IC 3-7-32-8 | IC 3-7-13-12 • Third-Party Delivery of VR Applications • 10 day deadline to submit • Starts when the person first received the application • Applies whether the person fills out the state or federal form. • Processing Apps When Registration is Closed • May now process late arriving applications • Designate application as “incomplete” until registration re-opens

  3. Voter Registration IC 3-10-31.1 • Post-Election Updates (IC 3-10-1-31.1) • After an election, VR office may update a voter’s record using poll lists and now VRG 4/12 forms.

  4. Voter Registration Violation of election law to challenge a voter based on if/where they attend school and where they live while at school IC 3-5-5-7 • College Student Residency • Like any other voter, college students can only register at one location • May register at either school OR home address • Intent of where the student plans to live during the summer/winter breaks or upon graduation may not be factored in to decision to approve their registration

  5. Voting Procedures IC 3-7-13-3 • 17-year olds may vote on political party office on primary ballot • Change now allows an ‘underage’ voter to vote for state convention delegate and precinct committeeperson • Underage voter cannot vote on referendum or public question • May require a “special” 17 year-old ballot IF a referendum or public question is on the primary election ballot

  6. Voting Procedures IC 3-11-8-11 • Lines at the end of Election Day • Identify the last person in line • Designate a person to stand at the end of the line • Stamp hands of eligible voters hands OR • Write down names of eligible voters

  7. Voting Procedures IC 3-11-10-31 | IC 3-11.5-4-18 • Absentee Voters • Did NOT receive absentee mail ballot • Can vote at polling place on Election Day • MUST fill out a PRE-5 form • Complete and hand to poll worker • Receives a REGULAR ballot • Does NOT vote provisionally unless there is another statutory reason to do so

  8. Voting Procedures Central Count Counties: No longer a requirement for voter to bring ABS ballot to CEB for permission to vote at polls IC 3-11-10-31 | IC 3-11.5-4-18 • Absentee Voters • DID receive absentee ballot • Can vote at polling place on Election Day • MUST bring absentee ballot • Voter gives absentee ballot to Inspector, who writes CANCELED on the outside • Goes in spoiled ballot bag • Voter votes a regular ballot

  9. Absentee Voting IC 3-11-10-25 | IC 3-11-4-2 • Absentee Travel Boards • Begin 19 days out from election • Used to be 12 days before • Voter Signature on Application • Voter unable to sign their absentee ballot application may designate someone to do so for them • Previously required election board to designate someone

  10. Absentee Voting IC 3-11-4-3 & IC 3-11-4-4 | IC 3-11-10-24 | IC 3-11-4-5.1 • Emailed ABS Application • CEB can accept emailed absentee applications • No longer just for military/overseas voters • Application changes • ABS Mail • New reason for absentee voting • Lack of available transportation • ABS Attorney General • Residence is stricken from the form for voters in the AG’s address confidentiality program

  11. Absentee Voting Deadlines for appointing ABS voter boards in a CENTRAL COUNT county remain the same (IC 3-11.5-4-23) CEB can appoint ABS voter boards IF party chairs fail to file their recommendations by deadline date (applies to precinct OR central count county) • ABS Voter Boards Deadline for PRECINCT Count County • 50 days before Election Day: County election board to notify county chairman of # of boards to be appointed • Changed from 38 days • 46 days before Election Day: County chairman to make recommendations for persons to serve • Changed from 31 days IC 3-11-10-37

  12. Absentee Voting Watchers MUST follow same rules at central count site as those at the polling location: no disrupting the process or touching materials! • Watchers at Central Count Sites • Major political parties can appoint the same number of watchers as there are teams of ballot counters IC 3-11.5-3-1

  13. Absentee Voting IC 3-11-10-8.5 • Public Inspection of ABS Applications • ABS Mail & ABS Traveling Board Forms • Application MUST be scanned or copied • Before application is attached to the security envelope (ABS-6) • ABS In Person Form • Requirement DOES NOT apply to in-person absentee application

  14. Candidate Challenges IC 3-8-1-2 • County chairman of major political party may challenge a local candidate’s qualifications to be on the ballot • County chairman is not required to live in exact district of the candidate being challenged • Does NOT include statewide or state legislative offices • Must still be challenged by a voter

  15. Reprinting General Election Ballots IC 3-11-3-29 • Must reprint GENERAL election ballots, IF: • Ballot vacancy occurs in your county • Political party fills the vacancy before noon, 5 days before Election Day

  16. Reprinting General Election Ballots IC 3-11-13-22| IC 3-11-14.5-1 | IC 3-11-14.5-2 • Domino effect: • Requires new public test of voting equipment • 48-hour meeting notice required under Open Door law • May be possible to apply emergency provisions under IC 3-11-14.5-5(d), however • Absentee voters • Do your best to contact them and ask to fill out ABS-5 before issuing a new ballot • If no new ballot issued: • Straight ticket votes cast will count for a successor candidate BUT • Votes cast directly for the former candidate will not count for the successor candidate

  17. Death of Candidate • Candidate dies before the primary, then: • Votes are to be tabulated • If the deceased candidate wins the election, the political party of the deceased candidate may fill the vacancy before the general election IC 3-11-3-29.3 | IC 3-11-3-29.4

  18. Oaths IC 5-4-1-1.2 • Incumbents Holding Over • No oath is necessary for an incumbent holding over in office • Holdover occurs when there are no candidates for an office on the general election ballot leading to the current officeholder to continue for another term. • Newly Elected Officials • MUST take oath of office no later than 30 days from the beginning of their term • Failure to do so would lead to a holdover

  19. Definition Clarification IC 3-5-2-39 | IC 3-5-5-0.3 • “Poll” is defined to be consistent with the rest of the election code • Poll is the room where voting occurs on Election Day • Poll does not refer to the clerk’s office or any satellite voting locations

  20. Inspector Serving Multiple Precincts IC 3-6-6-38.5 • CEB must UNANIMOUSLY approve resolution to allow an inspector to serve more than one precinct at the same polling location • Inspector only needs to take one oath • May be provided a greater per diem

  21. Watchers, Challengers, Pollbook Holders IC 3-6-6-37 • Precinct election officers • May NOT be watchers, challengers, or pollbook holders • EXCEPTION: • Poll Clerk may continue to keep a list provided to the parties of those who have voted

  22. Party Watchers for Satellite Voting IC 3-6-8-7 • Political parties may appoint 2 watchers for each satellite absentee voting location • Watchers may: • Inspect voting systems before ballots are received • Inspect work being done by elected officials, board members, and county employees • Enter, leave, and reenter facility at any time • Witness proceedings of election board at a satellite office • Watchers may NOT disrupt the voting process

  23. Precinct Size Limit Increase IC 3-11-1.5-3 • Precincts may NOT contain more than 2,000 active voters • Up from 1,200 • EXCEPTION: • Precinct may contain 2,300 active voters (up from 1,500) if containing: • An entire township • An entire city common/town council district • A single residential structure

  24. Primary and Special Election Candidate MUST submit request in writing to the CEB IC 3-8-2-19 | IC 3-10-8-4 • Exception created for the publication of candidate addresses for primary and special elections: • Judges • Law Enforcement Officers • Victim of Domestic Violence

  25. Special Elections IC 3-10-8-4 • Counties and towns must file a notice of a special election with the Election Division within 7 days of receiving writ of special election • Previously 30 days

  26. Campaign Finance Penalties • Counties may continue to collect penalties for campaign finance violations • Funds do not revert at the end of the fiscal year • Upon approval from the county council, funds collected may be used for any election administration purpose • Change from using funds for campaign finance purposes IC 3-9-4-17

  27. Hunting and Fishing Referendum Senate Joint Resolution 2 (2015) • 2014 and 2015 General Assemblies passed a joint resolution to amend the Indiana Constitution: • Provide that people have a right to hunt, fish, and harvest wildlife • As a result, this language will be on the ballot for November’s general election

  28. Special Study Committee on Redistricting IC 2-5-39 • The legislature created a 12-person special study committee to evaluate Indiana’s current redistricting process • Legislative Members • Rep. Bartlett, Sen. Hershman, Sen. Lanane, Sen. Miller, Rep. Moed, Rep. Richardson, Sen. Tallian & Rep. Torr, • Lay Members • Justice Boehm, Beverly Gard, Sheila Kennedy & Tom Sugar • If you have concerns or opinions about the issue, please contact your legislator or a member of the study committee

  29. Questions? • Staff Resources • Co-Directors • Brad King • bking@iec.in.gov • Angie Nussmeyer • anussmeyer@iec.in.gov • Attorneys • Matthew Kochevar • mkochevar@iec.in.gov • Dale Simmons • dsimmons@iec.in.gov • Online Resources • SOS • in.gov/SOS/elections • General Assembly • in.gov/IN/legislative • Indiana Code • in.gov/IN/legislativ/IC/code

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