2018 Indiana Voter Registration Conference

1. 2018 Indiana Voter Registration Conference Dale R. Simmons Co-General Counsel, Indiana Election Division

2. Miscellaneous: BMV • BMV customers who renew driver’s license, permit or identification card online via BMV website may submit registration application • Registration is submitted electronically via BMV to counties via SVRS to BMV hoppers • The paper registration form (VRG-6) and a Transmittal form (VRG-9) is printed out at BMV’s central Indianapolis office and sent to counties via mail (or courier) so county is not required to mail BMV a receipt (VRG-8) • BMV will be expanding online transactions to self-service kiosks at branches

3. Miscellaneous: Voter List Maintenance • Deadline to complete voter removal programs before November 6, 2018 general election is August 8, 2018 (90 days before election) • During this “freeze” period VR officials CAN: • Update a voter’s record at the written request of the voter (new registration application, for example) • Cancel a registration 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

4. Miscellaneous: Voter List Maintenance • Death Master File (DMF) records have recently been uploaded into SVRS and should appear in Death Records Hopper • After clicking confidence percentage the record will display with Agency Name “DMF” • See step-by-step “DOC & Death Records Processing” • Interstate Crosscheck • No responses have been received from program sponsors (Kansas) about status of program • Preliminary injunction issued against Indiana’s state law is currently on appeal

5. 2018 Election Legislation Scanning Paper Voter Registration Docs • Scan paper docs and attach image to voter’s file in the SVRS for the following: • Paper docs that create, amend, or cancel voter’s registration record (VRG-7, VRG-14, Obituary, Absentee Application if changes residence address within same precinct or change of name) • Scan a voter registration application that is subsequently rejected and associate it with the rejected record in the SVRS IC 3-7-33-8 [New]

6. 2018 Election Legislation Retention of Paper Voter Registration Docs • A voter’s paper voter registration records associated with a particular residence address must be retained at least 24 months following general election after the registration at that address was cancelled. Cancelled July 1, 2018 November 6, 2018 general Dispose after November 6, 2020 Dispose after November 3, 2022 Cancelled July 1, 2019 November 3, 2020 general IC 3-10-1-31.1

7. 2018 Election Legislation Voter Registration • A person adjudged mentally ill and committed to an institution for people with a mental illness may state one of the following as the person's residence for purposes of voting: • The address of the institution where the person has been committed • The address where the person lives when the person is not committed to an institution A person committed by a court to a mental institution may choose to register at that institution IC 3-5-5-17

8. Other Special Residency Issues Homeless (SOP 57.2) Residence examples: Homeless shelter, temporary motel, or a description or map or location Mailing address may be PO Box but PO Box (or private mailbox) may never be a residence address Snowbirds or Mobile Voters Residence Examples: Physical residence (If have one) or where park RV when in town A person may not have residence in more than one state for voting purposes College Students May register where live while attending school or where they live when not attending school, but not both IC 3-5-5-7(b) IC 3-5-5-3; IC 3-7-37 IC 3-7-37

9. Registration: Some Basics A person applies online, on paper (VRG-7 or 11, Federal Form, FPCA), or at full service agency (BMV, FSSA etc. VRG-6) County voter registration decides: Is it on correct form? Is it timely for next election? Is voter qualified (age for example)? Is application complete?

10. Voter Registration Basics • If application rejected,county mails notice to applicant • If application approved, county mails notice to applicant, whose application becomes “pending” • If application incomplete, county contacts applicant to obtain necessary information • Special procedure for certificate of acceptance that is not complete • Special procedure when age, citizenship questions not answered IC 3-7-33-5; IC 3-7-34

11. Voter Registration Basics Incomplete Certificate of Acceptance • If person takes custody of another’s VR-7 or 11 registration application, person provides voter a receipt and completes the “ Certified Statement of Acceptance” IC 3-7-31-5; IC 3-7-32-8

12. Voter Registration Basics Missing Certificate of Acceptance Information • Missing Certificate of Acceptance Information is a special kind of “incomplete” • County VR must attempt to obtain the missing Certificate of Acceptance information • County VR to make an effort to contact registrar (person who received application from voter) by phone/mail for info or signature, if possible • County VR to make effort to contact voter mail/phone, if possible IC 3-7-34-1.5(b); IC 3-7-34-4.5(b) ; IC 3-6-5-31

13. Voter Registration Basics Missing Certificate of Acceptance Information • If certificate of acceptance info remains incomplete voter is NOT penalized and County VR processes the voter registration form if otherwise complete • County VR to provide notice to county election board within 3 days of receipt of the application of incomplete Certificate of Acceptance • CEB may take “appropriate action” under IC 3-6-5-31 IC 3-7-34-4.5(b) ; IC 3-6-5-31

14. Voter Registration Basics • The receipt and certificate of acceptance requirements do notapply to: • Federal Form or the FPCA • IED, county VR, or full-service registration agency, or online voter registrations • Even VRG-7s sent to county from FSSA (Sometimes FSSA clients mail these back to FSSA with FSSA documents instead of directly to county) D • U.S. Postal Service or bonded courier (USPS, for example) • A member of applicant’s household or applicant’s attorney in fact IC 3-7-31-5; IC 3-7-32-8

15. Voter Registration Basics Other Incompletes • Required information • Name • Residence address, map or description • Mailing address unless USPS delivers mail to residence address • DOB • Voter identification number or check box “none” on state form • Response to Age and Citizenship questions • Signature • Not Required • Whether application is new, address change or name change • Gender • Zip Code • County • Previous VR address • Telephone number or email address • Indication whether residency documentation included (if required) • Date application signed IC 3-7-34-2; SOP VRG 1.3

16. Voter Registration Basics • Other Incompletes • County VR office to make: • One effort to contact voter by mail, if possible • One effort to contact voter by phone, if possible

17. Voter Registration Basics Other Incompletes • Some Information to complete a registration may be provided on the phone and other information must be provided in writing- • Age and citizenship must be answered in writing • Signature or voter’s mark must also be provided in writing • All other missing items can be provided over the phone and county user completes the application. IC 3-7-34-3

18. Voter Registration Basics Other Incompletes • How long does voter have to provide missing information? • Age and citizenship questions must be answered in writing by 29 days before election • All other information by be provided by 10 days before election IC 3-7-34-3

19. Voter Registration Basics Other Incompletes • What to do when application remains incomplete 10 days before election- • Certify a list of those outstanding incompletes to CEB • Upon certification, reject outstanding incomplete applications. • Send disposition notice to voter. IC 3-7-34-4

20. Voter Registration Basics • VR 10-day filing requirement • State AND Federal VR applications MUST be submitted to county voter registration officials within 10 days of registrar taking custody of another person’s application • Violation of this law is a Class A Misdemeanor 10-day requirement does NOT apply to, among others, a voter turning in the voter’s own VR application or the voter’s application being delivered by a member of voter’s household or voter’ attorney in fact

21. Voter Registration Deadlines • Hand delivered: 29th day before the election to county, IED, or full-service agency (or 28th if Columbus Day is the 29th)- April 4 for the primary and October 11 for the general election • Mail-postmarked by 29th day (IC 3-7-33-4) • Missing or illegible postmark-received thru mail by Monday after close of registration • Online-submitted by 11:59 pm on 29th day (IC 3-7-33-3.5) • Military/overseas must be received by the 8th day before the election (IC 3-7-36-10) • Rare same-day procedure for military voter recently discharged from the service (See ABS-13)

22. Voter Registration Deadlines • Postmark Rule Continued: • A registration received by county or IED that is postmarkedby the deadline (or received by IED without a postmark the Monday following the deadline) is timely even if the county later receives it in a mailing from IED that is postmarked after the voter registration deadline (IC 3-7-33-4) • Registrations submitted at full-service registration agencies (FSSA or BMV, for example) by the deadline but mailed to you after the deadline are timely- they are not subject to postmark rule