Association of Circuit Court Clerks of Indiana Annual Conference June 7, 2011

1. Association of Circuit Court Clerks of Indiana Annual ConferenceJune 7, 2011 2011 Election Law Update Brad King and Dale Simmons Co-General Director and Co-General Counsel, Indiana Election Division

2. Election Law Changes By 2011 General Assembly • Absentee Voting • Military and Overseas Voters • Ballot Design and Layout • School Board Elections • Candidate Filing Period • Voter Registration Boards • Vote Centers • Precincts and Redistricting

3. Where to find new laws? • Indiana General Assembly website: • www.in.gov/legislative • Election Division 2011 Legislative Summary: • www.in.gov/sos/elections/3391.htm • New Election Code Book • Available December 2011

4. Effective dates • July 1, 2011 for most changes. • Some already in effect when signed into law by Governor in May.

5. Absentee Voting: In-person locations • In-person absentee voting permitted at one location of clerk’s office designated by clerk. • In-person absentee voting permitted at satellite offices designated by unanimous resolution of CEB. • If satellite offices established for primary, offices at general election must have same hours and locations.

6. Absentee Voting • Absentee voter who marks and returns absentee ballot cannot vote in person at the polls on election day (no more “beating the ballot”) except: • If voter was sent absentee ballot, but did not return it. • Voter’s absentee ballot rejected as defective.

7. Absentee Ballot Application Deadlines • Standard date for receiving applications: Not earlier than when registration reopens after election. • Application to vote by mail received by 11:59 p.m. on 8th day before election (all of Monday available). • Indiana Election Division receipt of applications.

8. Military and Overseas Voters • Absentee ballot application from military and overseas voter valid through December 31 following submission (instead of for 12 months) • Applies to all standing applications (no “grandfathering”) • Same rule applies to attorney-general address confidentiality voters.

9. Military and Overseas Voters • Voter Registration Application Deadline 10 days before election day. • Formerly “when poll list printed.” • Subject to “same requirements and procedures” as application from other voters during open registration period.

10. Ballot Design and Layout • Public questions first: • State constitutional amendments and local public questions come before any offices. • Judicial retention questions (state or local) remain in same position on ballot.

11. Ballot Design and Layout • Uniform State Certification Date • Beginning in 2012, certification of state public questions, ballot symbols will take place at same time (mid-August) as certification of state level candidates.

12. Ballot Design and Layout • Sample ballots no longer “exact” copies of official ballots; altered to prevent counting as votes. • Printing candidate designation (such as “12A” by name) is county-option, not requirement. • School board candidates no longer required to be listed in separate column; non-partisan title.

13. Provisional Ballots • Provisional ballot material remains under seal until time for filing recount and contest petition has passed. • After that date (or expiration of any impoundment order), provisional ballot material available for public inspection • Except provisional ballots themselves • Personal info about voter other than name, address, DOB. (tel #, for ex.)

14. School Board Elections • Beginning in 2012, all school board members will be elected at the general election, not at the same time as primary. • End of “school board only” ballots. • Depending on political party office contests in primary, significant reduction in “17 year old” ballots.

15. New Type of School Referendum • 13 school corporations who lost revenue under the “circuit breaker” law may conduct new type of referendum to refinance school bonds. • Requires school board resolution, and certification to county election board.

16. Candidate Filing Deadlines • All deadlines before May 2012 primary “moved back” by exactly 2 weeks. • Filing period for D and R primary candidates: January 11 through noon, February 10, 2012. (Still 30 days) • Filing period for US Senate & Gov primary candidates: January 11 through noon, February 7, 2012.

17. Candidate Filing Deadlines • Filing period for U.S. Presidential Primary candidates: January 11, 2012 through noon, January 31, 2012. • Deadline for pre-primary withdrawal: Noon, February 13, 2012. • Deadline to challenge statewide or legislative candidate: Noon, February 17, 2012.

18. Uncontested city and town elections • If there is only one candidate (including write-ins) for a city or town council seat, and only voters of the district vote for that seat, then there is automatically an election held just in that council district. • Former law required a CEB resolution to hold the election just within that district.

19. “Small Town” Candidates • Town Convention can now be held no later than August 21 (instead of August 20). • First day for town candidates to file is same as primary candidates (January 11, 2012)

20. Independent Petition Candidates • First day to file petition with county voter registration office is same as first date for primary candidates to file (January 11, 2012, instead of January 1, 2012). • County voter registration office certifies signatures if signer is voter when petition processed.

21. Petition Processing • When county voter registration office finishes processing U.S. Senate, Governor, or Presidential Primary petitions, county may return petitions to candidate for filing with state. • Petitions for these statewide candidates approved after December 1, 2010 “grandfathered” despite date changes.

22. Ballot Vacancies • County chairman can designate another person to preside at caucus. • If a “committee of party officers”, (such as the chair, vice-chair, secretary, and treasurer), can fill ballot vacancies, the committee must follow the requirements to file copies of notice with the clerk. Candidates must file CAN-48 with clerk.

23. Office Vacancies • State party chairman can designate another person to preside at caucus to fill state legislative office vacancy. • County party chairman can designate another person to preside at caucus to fill local office vacancy.

24. Campaign Finance Disclaimers • Disclaimers required to be placed in printed campaign material must be sufficient type size to be “clearly readable” and must have color contrast. • 12 point font size for yard signs, direct mailing, newspaper. 7 point font size for other items (such as business card). • Black text on white background or similar contrast. • CEB can impose $1000 penalty.

25. Voter Registration Boards • County commissioners (except in Lake, Marion, Tippecanoe Counties) may adopt order by unanimous vote to: • Establish separate board of registration • Rescind a previous order to establish board of registration. • Abolish a board of registration formerly required by state law due to county population size. • Order effective immediately (unless adopted in final 60 days before election).

26. Voter Registration Applications • Voter registration applications received by the Indiana Election Division subject to same deadlines as applications received at county. • Obsolete procedures repealed: • Incomplete application from BMV does not require IED to first notify BMV of missing info. • No manual updating of addresses on old VR cards.

27. Voter Registration Applications • BMV may deliver paper copies of voter registration applications to county voter registration office by first class mail (instead of certified mail). • If county VR office receives electronic application, county is not required to wait for paper copy before processing application (including approval, denial, acknowledgment notice).

28. Voter Registration Records • New deadline: County voter registration offices must update voter history no later than 60 days after election, unless recount or contest is filed. In that case, no later than 60 days after recount or contest completed.

29. Vote Centers • Any county may use vote centers in an election. • County election board must develop vote center plan by: • Preparing draft. • Public hearing on draft. • 30 day comment period. • Unanimous vote to approve plan (as drafted or amended)

30. Vote Centers • County plan must be filed with Election Division (but no requirement for state approval). • Resolutions by county commissioners and county council to establish vote centers in county. • Not required to be unanimous. • Not required to adopt detailed plan.

31. Vote Centers • Becomes effective immediately upon filing of order with Election Division. • Remains in effect until CEB unanimously adopts new order to rescind or amend plan, and files new order with Election Division.

32. Vote Center Plans • Plan must: • Include total number and location of vote centers. • Include number and title of workers at each vote center. • Description of hardware, firmware, software used for electronic poll books to permit data sharing. • Security and contingency plans.

33. Vote Center Plans • When number of “active” voters in county is at least 25,000, plan must provide at least one additional vote center for each 10,000 voters or fraction of 10,000 voters. • “Active” refers to a voter who is not designated as “inactive” in statewide voter registration system under voter list maintenance program.

34. Vote Center Plans • Electronic poll book: • Must take coordination by 2 precinct officers of different political parties to access system. • May include electronic image of voter’s signature from registration. • May be in format approved by SOS. • Must provide information transfer to prevent multiple voting or unauthorized access to information.

35. Vote Centers and Precincts • Ballots for each precinct must be kept separate. • Vote totals required for each precinct for each candidate and public question. • Satellite voting required in at least one vote center location for 2 Saturdays preceding election.

36. Confused?: Ask Questions