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IVRA JULY 24, 2019

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  1. IVRAJULY 24, 2019 Brad King, Co-Director Dale Simmons, Co-General Counsel Indiana Election Division

  2. TOWN CONVENTION VOTER LISTS • County election board required to furnish the secretary of the town convention a list of all the town's voters • Provide “Voter Listing by Municipality” report for all of town’s voters • County does not record town convention vote history *IC 3-8-5-11

  3. 2019 LEGISLATION Full Service Agencies • BMV no longer required to transmit a duplicate paper copy of a VR app. to county* • County VR may process electronic app. without a paper app. • Law enforcement offices (state police, sheriff, municipal law enforcement agency) to distribute a VR App. to persons applying for a license to carry handgun unless the person declines in writing** • “State Form 56699 (5-19)” in upper left corner of form Citations affected: *IC 9-24-2.5-4, 6 & 7; ** IC 3-7-18-2; **IC 3-7-20.5-1

  4. 2019 LEGISLATION Cybersecurity Provisions • Two-factor authentication (token or other method) required to access the statewide voter registration system* (all counties are currently doing so) • Each county voter registration office (clerk or separate board of registration) must file statement with Election Division with name and contact information for at least one individual for the state to communicate with regarding cybersecurity issues** • Survey sent to counties requesting designation Citations affected: *IC 3-7-26.3-15; ** IC 3-7-26.3-15

  5. 2019 LEGISLATION Cybersecurity Provisions • State and county have discretion whether to disclose administrative or technical information that would jeopardize the SVRS (non-exhaustive list): • Physical security arrangements for SVRS hardware/software • Two-factor/password requirements and information • Internet provider/firewall/IP address or technical configuration information • Virus/malware protection software Citations affected: * IC 5-14-3-4

  6. 2019 LEGISLATION Proficiency Standards After December 31, 2019, a county user must demonstrate to Secretary of State and Election Division that user has been sufficiently trained and can properly access the SVRS and comply with laws governing the operation of SVRS* A county voter registration office may revoke a county user’s authorization to access the SVRS for good cause and shall file a report of the revocation with Secretary of State and Election Division not later than seven (7) days after the revocation is effective* Citations affected: * IC 3-7-26.3-35 [New]

  7. 2019 LEGISLATION Voter List Maintenance • Election Division to request information from BMV regarding SVRS records of individuals whose date of birth is: (1) missing from the SVRS; or (2) indicates age of registrant is at least 115 years (born before 1905) • Election Division to forward BMV information to county • If county determines that individual listed in BMV record is the same individual listed in the SVRS, then the county shall amend the individual’s voter registration record to contain the correct date of birth and document information came from BMV* Citations affected: * IC 3-7-38-2-4

  8. 2019 LEGISLATION Voter List Maintenance A county VR office may update a registration record converted from a rural route to a numbered address based on information from the USPS* Citations affected: * IC 3-7-40-6

  9. 2019 LEGISLATION Voter Registration Drives • It is a Level 6 felony to pay or offer to pay an individual any property based on the number of voter registration applications obtained by the individual • An individual may continue to be paid for this political activity, but not “directly or indirectly” based on the number of applications obtained* Citations affected: *IC 3-14-2-1

  10. 2019 LEGISLATION Fail-Safe Provisions For municipal elections only – Voting within same precinct if precinct split between city or town and unincorporated area: Cannot return from outside city to vote, even if in same precinct.** Voter casting provisional ballot must complete PRE-4 affidavit and sign poll list. (Formerly, law said “may”)*** Citations affected: * IC 3-11-8-9 **IC 3-7-39-7 ***IC 3-11.7-5-2.5

  11. 2019 LEGISLATION Citations affected: * IC 3-11-8-10.3; ** IC 3-11-18.1-12 ELECTRONIC POLL BOOKS • Software Restrictions on Electronic Poll Books: CEB is responsible for making certain that software NOT NEEDED for essential purpose are kept off electronic poll books.* • “Just in Time” Delivery of Electronic Poll Books: County must receive prior written authorization from VSTOP for delivery of electronic poll book unit to county less than 60 days before election. **

  12. 2019 LEGISLATION Citation affected: * IC 3-11-1.5-3.1 PRECINCTS • Minimum Number of “Active” Voters Required for New Precincts or Precincts Boundary Changes: • If precinct boundary changed or new precinct established, new precinct must contain at least 600 active voters. • Exceptions: when precinct boundaries must avoid crossing boundaries, such as congressional or state legislative lines, or if new precinct would consist of entire township, city or town, or entire municipal council district. • Grandfathering: Precincts with less than 600 active voters as of June 30, 2019 not required to comply with minimum number until (or unless) precinct boundary is changed.*

  13. 2019 LEGISLATION Citation affected: IC 3-6-4.2-14 ELECTION ADMINISTRATORS CONFERENCE • New attendance requirements and “invited” participants: • Members of separately created county boards of registration now REQUIRED to attend. • Circuit court clerk or county board of registration can require attendance of certain deputies and assistants (Same formula as State Board of Accounts conference law.)* • December 16-18, 2019. Location: Hyatt Regency.

  14. VOTER LIST MAINTENANCE SOURCES OF INFORMATION • Registrant- new VR app. or response to VLM mailing, for example • Voter Removal Programs • Statewide postcard mailer • NCOA, Interstate mailers; others authorized by Indiana law • Disenfranchisement due to Imprisonment • U.S. Northern & Southern District Court of Indiana • Indiana Department of Correction • County Sheriff reports (VRG-1) • Death Data • Indiana Department of Heath • State and Territorial Exchange of Vital Events (STEVE) • Social Security Administration Death Master File (DMF) • Obituaries • Death Certificates • Other state lists (see IC 3-7-38.2-5(c))

  15. VOTER LIST MAINTENANCE CRIMINAL CONVICTION • A person’s voter registration is cancelled and a notice is mailed to the person if convicted of a crime and incarcerated following that conviction • This does not apply to pre-trail detainees or persons on probation, parole, subject to home detention, or in a community corrections program (work release, for example) • Person whose voter registration is cancelled may re-register following release from jail or prison IC 3-7-13-4, 5, & 6 | IC 3-7-26.3-12 | IC 3-7-46-2 | IC 3-7-46-3

  16. VOTER LIST MAINTENANCE CRIMINAL CONVICTION • Indiana Department of Correction (DOC) Hopper DOC records are matched against SVRS records nightly • SOP VRG 12.1 and VRG 56.2; Processing DOC and Death Records Step-by-Step • Confidence Factor to cancel record: 50 or higher • Paper Reports (Manual Processing) • U.S. Southern & Northern District Court of Indiana Data • IED sent quarterly reports of conviction to distribute to counties • County Sheriff Reports (VRG-1 form quarterly reports Jan. 31, Apr. 30, July 31, Oct. 31) IC 3-7-46-3 | IC 3-7-46-6 | IC 3-7-46-7 | IC 3-7-46-7.5 | IC 3-7-46-8 | IC 3-7-46-9

  17. VOTER LIST MAINTENANCE DEATH • Department of Health (DOH) Hopper • SOP VRG 3.1 Processing Deaths in SVRS • Three sources of data: • Indiana Department of Health Vital Records • Provided nightly • Social Security Administration Death Master File • Vital records reported to Social Security Administration • Provided monthly • State and Territorial Exchange of Vital Events (STEVE) • Consortium of states sharing vital information • Provided monthly • Confidence factor to cancel record: 50 or more IC 3-7-26.3-13 | IC 3-7-45-2.1 | IC 3-7-45-5 | IC 3-7-45-6.1

  18. VOTER LIST MAINTENANCE Note: Election official determines if information is sufficient DEATH • Other “Manual” Sources • Death Certificates • Obituaries • Notice of Estate Administration • Other Notice of Death published in newspaper IC 3-7-45-4

  19. VOTER LIST MAINTENANCE FEDERAL COURT JURY MAIL • Each even-numbered year IED asks for information about returned jury selection mail from the Northern & Southern District of Indiana Courts • IED requests by Jan. 31 of each even-numbered year • Spreadsheet sent to county & data sorted by: • Not deliverable as addressed • Moved out of district • Unknown • Deceased • After county reviews data: • Send NCOA mailer to categories 1, 2, 3 to initiate steps for voter removal program • Seek confirmation of death through obituary, death certificate OR send NCOA mailer to initiate steps for voter removal program IC 3-7-38.2-16

  20. 90-Day “Freeze” Period • Voter removal programs must STOP at least 90-days before a primary, special, general, or municipal election • Resume again after election • During “freeze” (August 8 – November 6, 2019) VR officials CAN: • Update a voter’s record at the written request of the voter • Examples include submission via online voter registration portal or state or federal paper VR form • Cancel a registration ONLY 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

  21. Voter Registration Basics • 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 Incomplete Voter Registrations (SOP VRG 1.3) IC 3-7-34-2

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

  23. Voter Registration Basics Incomplete Voter Registrations • 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 and may be provided over the phone IC 3-7-34-3

  24. Voter Registration Basics IC 3-7-34-4 Incomplete Voter Registrations • 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.

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

  26. 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

  27. 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 at public hearing. IC 3-7-34-4.5(b) ; IC 3-6-5-31

  28. 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

  29. Voter Registration Basics 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 • 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

  30. Voter Registration Deadlines 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) • 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)

  31. 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

  32. 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 Mental Institution Commitments May register where committed or where live when not committed IC 3-5-5-7(b) and 17 IC 3-5-5-3; IC 3-7-37 IC 3-7-37

  33. 2018 Election Legislation 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 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.

  34. Resources: SVRS County Portal How To Access SVRS Online Material • SVRS County Portal: SVRS Home Page → Calendar and Links → INSVRS County Portal → Sign into Microsoft Account • Helpful materials Include: • Standard Operating Procedures • Step-by-step guides • Online Training Schedule • Taped webinar training (SVRS Web Training Portal-Archived)

  35. Other Resources SVRS County Portal

  36. Other Resources: SVRS County Portal SVRS County Portal

  37. Other Resources: SVRS County Portal SVRS County Portal

  38. Questions?