Preparing for the Primary: Important Deadlines and Tips

1. Northern and Southern Clerks’ District MeetingsLafayette, March 8, 2018Santa Claus, March 12, 2018 Brad King Co-Director, Indiana Election Division

2. Getting Ready for the Primary • Out with the old, in with the new! • You can now destroy voted ballots, petitions, and other election material from May 2016 primary. Remember Public Records Commission destruction forms.

3. Some Ballot Tips • Use “Township Board”, not “Township Advisory Board”. Name was changed by state law in 1989, although still often used in everyday speech. • Likewise use “Town Council”, not “Town Board”. • Check with ballot printing vendor to make certain absentee ballots delivered no later than Monday, March 19, 2018. • Why is there a tank in front of the courthouse? Be sure to mail out approved absentee ballots by Saturday, March 24, 2018.

4. Chat with County Chairmen • March 19 is deadline to notify both major party county chairman of number of absentee voter boards, ballot counters, or couriers (in counties which use them) that need to be appointed. Make this notification in writing. • Friday, March 23 is deadline for county chairman to give you names of these workers. Again, get it in writing.

5. Voting System Public Tests • Earlier, consistent deadlines for 2018 Primary. • Saturday, April 7 is deadline for LEGAL NOTICE to be published in local paper(s) of date and location of county election board meeting where public test will be conducted. • Check with newspaper regarding their deadline to receive notice from you. • Check with county attorney if uncertain which newspaper(s) to use.

6. Voting System Public Tests • Monday, April 9: Deadline to conduct public test of BOTH optical scan and DRE voting systems at public meeting of county election board. • 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.

7. 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). • 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.

8. 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.

9. Another chat with the party chairs • Tuesday, April 17 is deadline for county chairs to file nominations for poll workers. If nominations not filed by noon for any position in any precinct, then county election board can fill vacancy. • If vacancies remain, consider putting out news releases inviting volunteers, contacting civic groups, and past poll workers.

10. Primary Legal Notices • Saturday, April 28, 2018 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 and offices to be voted on at primary (along with any public questions).

11. 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. • Not precinct committeemen or delegate candidates.

12. Notice of Polling Place Location • County Commissioners (or Mayor of Indianapolis) required to publish notice of location of polling places by same April 28, 2018 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.

13. Double-check publication! • County can get billed for publication, even if newspaper fails to publish either CAN-9 or polling place location notice. • Failure to publish CAN-9 legal notice or polling place location does not make primary election void, but mistake can be used to criticize clerk or other county officials in recount or contest proceeding afterwards.

14. Lots of strings, lots of fingers • Things for poll workers and county to double-check on Primary Election Day, May 8, 2018: • 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.

15. 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.

16. After the dust starts to settle… • 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 18 is deadline for CEB to rule on whether each provisional ballot should or should not be counted.

17. After dust starts to settle… • Voter who failed to present adequate photo ID at polls has until noon Friday, May 18 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 18

18. Certification of Election Results • When canvassing complete, please enter final results in SVRS (CEB-23, CEB-24, and in some counties, CEB-25). • Make certain that vote totals include all counted provisionals. • Or send paper versions, under clerk’s seal, to attention of Candy Metcalf at Election Division.

19. CEB-9 Primary Election Report • Must be sent by SVRS (or partially by paper) by Tuesday, May 22, 2018. Post-primary election report, with more general (but detailed) specific information about turnout, provisional and absentee ballot numbers, and precinct-level election results. • Change coming to CEB-9 during 2018 to eliminate separate county questions to complete later survey (EAVS) requested by federal government.

20. The word no one wants to hear • Yes, you guessed it: recount, and its nasty cousin “election contest.” • Noon, May 22 deadline for a candidate to file for a recount or contest proceeding. • If state level race, filed with Election Division • If local level race, filed with Circuit Court Clerk. • County party chairs (or state chairs in some cases) can file before noon, May 25, 2018.

21. State recounts • If state recount filed (or may be filed), the first you may hear about it is when State Police show up with impoundment order. • State Recount conducted by 3 member State Recount Commission (SOS and two appointed members). • If very unlucky, can have multi-county recount.

22. 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.

23. 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 29, 2018, unless court extends deadline for good cause shown.

24. “Have you met Cousin 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.

25. Just my luck: A small town primary • If you have a town with a population of under 3,500, and which has decided to conduct a primary in 2018, the candidates for town council may be in for an unpleasant surprise. • If ordinance adopted in 2011 or later creating or recertifying town council districts was NOT filed with circuit court clerk as of January 1, 2018, then town council districts have been abolished. Every town council member will run “at large” in the next election.

26. What is the county’s job here? • Start town council clean-up process now • Make a checklist of small towns (under 3500 population in your county) who are conducting primary elections in May 2018 • Determine if 2011 or later town council district ordinance on file in clerk’s office. • Double check town candidate filings and primary ballot to show candidates running at large. • Update SVRS voter records to show at large, not town council districts. • Buttonhole town attorney or reach out to town clerk-treasurer.

27. Good luck for May 2018! • If questions, please ask: Brad King, Co-Director, 317-233-0929; bking@iec.in.gov Dale Simmons, Co-General Counsel, 317-232-3929; dsimmons@iec.in.gov.