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Election Update: New Law and some More Recent! (That you may just now be dealing with…)

Election Update: New Law and some More Recent! (That you may just now be dealing with…). Trent Deckard Co-Director, Indiana Election Division tdeckard@iec.in.gov 317-232-3940. Government Employees Holding Office!. IC 3-5-9-2:

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Election Update: New Law and some More Recent! (That you may just now be dealing with…)

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  1. Election Update: New Law and some More Recent! (That you may just now be dealing with…) Trent Deckard Co-Director, Indiana Election Division tdeckard@iec.in.gov 317-232-3940

  2. Government Employees Holding Office! IC 3-5-9-2: • Government Employee refers to an employee of a unit. Does not include an individual holding only an elected office. • Unit means a county, city, town, or township (but not school corporation). IC 3-5-95: • An individual is considered to have resigned as a government employee when the individual assumes an elected office of the unit that employs the individual.

  3. Government Employees Holding Office! (Cont.) IC 3-5-9-4 Generally  Volunteer firefighters may not hold elected office of a unit that receives fire protection from the department in which the FF serves.  Full-time, paid and volunteer FFs in a department providing service to more than one unit may not hold elected office in a unit that receive fire protection from the department served by the FF

  4. Government Employees Holding Office! (cont.) IC 3-5-9-7: • Volunteer firefighter/government employees that assume or hold elected office on Jan. 1, 2013 may continue to hold the elected office (and that position) until that term expires. • After the expiration of that term, the volunteer firefighter is prohibited from assuming elected office of that unit, again.

  5. Government Employees Holding Office! (Cont.) IC 3-5-9-7 (cont.): • After the expiration of that term (starting on Jan. 1, 2013) the government employee will have been considered to have resigned as a government employee when they assume elected office for that unit, again.

  6. Government Employees Holding Office! (Cont.) Some notable exceptions under IC 3-5-96: -A government employee/volunteer firefighter is not prohibited from assuming or holding elected office in another unit, besides the one in which they provide services. -An individual who assumes or holds an elected office is not prohibited from being appointed to and serving on a board, commission, or committee of the unit.

  7. Is IC 3-5-9 subject to candidate challenges? • NO • CEB does NOT enforce this law • Firefighters and other government employees are entitled to RUN for office if otherwise qualified • However, firefighters are not permitted to hold office in a unit in which they serve and other government employees lose their job if they assume office in a unit of employment.

  8. Nepotism! General rule--A relative may not be employed by a county, township, city, or town (“unit”) in a position that results in one relative being in the direct line of supervision of the other relative. New in 2012--IC 36-1-20.2 CEB does NOT enforce this law Those with questions need to consult county attorney or private attorney.

  9. Electronic Poll Books! Recap: Certified electronic pollbooks are in use in Indiana, including new code definitions. Electronic poll book: the combination of mechanical, electromechanical, and electronic equipment (software, firmware, and documentation required to program, control, and support the equipment) that is used to access and maintain the electronic poll list. Electronic poll list: a poll list that is maintained in a computer database.

  10. Electronic Poll Books! (cont.) IC 3-11-18.1-1: modified to make it a Level 6 felony for false statements to a precinct election officer regarding individual’s name or voter identification number, or residence address. VRG 4/12: counties using an electronic poll book may permit a voter to update their name or address w/in same precinct on a VRG 4/12 affidavit. Formerly written directly on paper pollbooks—new way needed for.

  11. Electronic Poll Books! (cont.) VRG 4/12: In counties using EPBs that cannot accommodate the entry of new information (i.e. name change), counties can now use the VRG 4/12 in the following instances:  Name changes  Address changes w/in same precinct  Cancelled voters who affirm continuous residence

  12. Electronic Poll Books! (cont.) Code modified to require initials of two poll clerks on back of ballot card OR captured by two poll clerks at point of log-in for the day with an electronic poll book. Maintains bi-partisan requirements similar to previous code for non-electronic poll book counties—one individual from each party must be present when voter checks into EPB.

  13. New Audit Law! New code enables audit of precinct results through IC 3-12-3.5-8: • Inspector shall announce total votes cast on all voting systems within the precinct. If number differs from the number shown to have received a ballot, the inspector and judge of the opposite party shall report to CEB. • If total cast and number who received a ballot differ by five (5) or more, the CEB shall order an audit.

  14. New Audit Law! (cont.) • CEB shall conduct the audit independent of vendor. • CEB shall certify the results of the audit not later than noon twelve (12) days after the election on a form prescribed by IEC. • One copy filed with election returns, one with IED. • Public notice must be given on audit.

  15. New Photo ID Addition! Photo ID section of code has been modified: -An ID from the U.S. Department of Veteran Affairs (or the Veteran’s Administration) is acceptable as Photo ID -It joins ID issued by Department of Defense

  16. Photo ID requirements • IC 3-5-2-40.5 HEA 1318 (not online yet) • ID must be issued by Indiana or US Govt. • ID must have photograph • ID must contain “conforming” name • ID must have expiration date that hasn’t expired or expired after last general election • Exception: IDs issued by US military or VA need not have exp. date or may contain “INDEF”

  17. New Homeowner’s Law! IC 32-21-13-7: A homeowner’s association may not adopt or enforce a rule or covenant that prohibits, or has the effect of prohibiting a candidate; an individual who holds an elected office; the spouse of a candidate or an individual who holds an elected office from entering onto homeowner’s association property for purposes of conducting political activity.

  18. Name Change! A registered voter can change the voter’s name in any of the following ways: • State or Federal Form • Online voter registration • Absentee application • Written verified statement • VRG-4/12 • On poll book Perform as a “correction” and not as an “update” in SVRS. See SOP VRG 59.1 (NEW)

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